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HomeMy WebLinkAboutAgenda - 04-18-1989 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEET/NG TUESDAY, APRIL 18, 1989 7:30 P.M. OLD POST OFFICE CHAPEL HILL, NC A. BOARD AND MANAGERS COMMENTS B. PUBLIC COMMENTS 1 . Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) 2. Natters 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. • D. RESOLUTIONS OR PROCLAMATIONS 1 . Commitment to Affordable Housing 2. Resolution to Preserve New Hope Creek Open Space Corridor-114444 +. E. REPORTS 1 . Renaming of Human Services Building F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 1 . Grant Agreement--NCDOT Aviation 2. Fireworks Permit--Town of Carrboro r p ' 3. Annual Contributions Contract/Section 8 Housing Voucher Program 4. . Budget Ordinance Amendment #8 5. CBE Attorney Contract 6. Transfer of Congregate Nutrition Meal Allocations 7. Petition for Addition--Road in Willow Ridge Subdivision G. ITEMS FOR DECISION--REGULAR AGENDA 1 . Selection of Reservoir Site 2. NCDOT Transportation Improvement Program 3. Construction and Equipment Required for Implemen- tation of Eno River Capacity Use Monitoring Agreement 4. Revised Impact Tax Legislation 5. Local. Legislation lo. GuAvtA LC r 1. SP_SSio,h5 H. APPOINTMENTS I. ADJOURNMENT-01 tut,n t 1a.5 CO no 8 -tv 11-.2--$4 b COn.S-lC7Pti - (*) Indicates items that need immediate attention. fi ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 1989 SUBJECT: MINUTES DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER- Hilisborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To correct and/or approve the minutes as submitted for consideration: February 27, 1989 - Joint Public Hearing BACKGROUND: In accordance with 153A-42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S) : As the Board decides. • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No., Z-1 ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 1989 SUBJECT: COMMITMENT TO AFFORDABLE HOUSING DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : YES - RESOLUTION INFORMATION CONTACT: MOSES CAREY, JR. TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider the attached resolution as a commitment from Orange County Commissioners for affordable housing. BACKGROUND: The Revenue subcommittee of the Intergovernmental Committee recommends that each governing board consider this resolution to demonstrate its commitment to affordable housing when it considers the revised Impact Tax bill for adoption. RECOMMENDATION(S) : As the Board decides. Iry t+ _ _. 2 RESOLUTION OF COMMITMENT TO AFFORDABLE HOUSING WHEREAS, Orange County has requested that legislation be introduced to the 1989 General Assembly which would authorize the County levy the on the impact of land development within the County, p t Town of Hillsborough; and WHEREAS, this legislation has been introduced by Representatives Ann Barnes and Joe Hackney; and WHEREAS, revenue generated-from this tax would be used to finance the costs of capital facilities required by growth; and WHEREAS, the legislation would repeal local acts authorizing local governments in Orange County to levy impact fees; and WHEREAS, the Orange County local elected officials recognize the } potential effect the exaction of a land development impact tax could have upon the development and/or availability of affordable housing in the County; and WHEREAS, these officials recognize their inability to control the total cost of housing development and that housing for low and some moderate income families usually require some form of public subsidy to bring the cost within their reach. THEREFORE, BE IT RESOLVED, the Orange County Board of Commissioners, the Chapel Hill Town Council and the Carrboro Board of Aldermen pledge to the citizens of Orange County that: 1. The availability of affordable housing will continuously be a priority goal. 2. The development of affordable housing will be encouraged by the provision of planning initiatives and incentives and technical assistance to potential affordable housing developers. 3. participation in available state and federal housing and community development programs will be optimized by the leveraging of local funds when possible. This day of , 1989. Chief Elected Official Witness ' lrf 9'/61/-lmay RESOLUTION OF COMMITMENT TO AFFORDABLE HOUSING WHEREAS, Orange County has requested that legislation be introduced to the 1989 General Assembly which would authorize the County to levy a tax on the impact of land development within the County, except within the Town of Hillsborough; and WHEREAS, this legislation has been introduced by Representatives Ann Barnes and 3 oe Hackney; and WHEREAS, revenue generated from this tax would be used to finance the costs of capital facilities required by growth; and WHEREAS, the legislation would repeal local acts authorizing local governments in Orange County to levy impact fees; and WHEREAS, the Orange County local elected officials recognize the potential effect the exaction of a land development impact tax could have upon the development and/or availability of affordable housing in the County; and WHEREAS, these officials recognize their inability to control the total cost of housing development and that housing for low and some moderate income families usually require some form of public subsidy to bring the cost within their reach. THEREFORE, BE IT RESOLVED, the Orange County Board of Commissioners, the Chapel Hill Town Council and the Carrboro Board of Aldermen pledge to the Citizens of Orange County that: 1. The availability of affordable housing will continuously be a priority goal. 2. The development of affordable housing will be encouraged by the provision of planning initiatives and incentives and technical assistance to potential affordable housing developers. 3. Participation in available state and federal housing and community development programs will be optimized by the leveraging of local funds when possible. This /f'4( day of , 4/7/ , 1989. Chie ected Official Arf / joe 4-- / Witness 1 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 1)-2. ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 18, 1989 SUBJECT: RESOLUTION TO PRESERVE NEW ROPE CREEK OPEN SPACE CORRIDOR DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: NO: X ATTACHMENT(S) : RESOLUTION INFORMATION CONTACT: MANAGER'S OFFICE TELEPHONE NUMBER- Hillsborough - 732--8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider the resolution (see attachment) to preserve a corridor of open space connecting New Hope Creek with the Eno River through Orange and Durham counties. BACKGROUND: Elected representatives of Orange County, Durham County, City of Durham, the Towns of Chapel Hill and Carrboro have met and established a goal of establishing a New Hope Creek Creek Open Space Corridor. This corridor would link the Eno River State Park, the New Hope Creek Corps lands and the growing communities of Durham, Chapel Hill and Carrboro, for aesthetic, environ- mental, educational and recreational purposes and as a means of shaping the urban form of the area. (See additional attached information. ) RECOMMENDATION(S) : As the Hoard decides. 2 RESOLUTION TO PRESERVE A CORRIDOR OF OPEN SPACE CONNECTING NEW HOPE CREEK WITH THE ENO RIVER THROUGH ORANGE AND DURHAM COUNTIES WHEREAS, the rural and natural beauty of Orange and Durham Counties is prized by our residents; and WHEREAS, the urban areas of Orange and Durham Counties are experiencing unprecedented growth; and WHEREAS, the citizens of Durham County and Orange County have shown concern for preservation of open space through the Chapel Hill Greenway -Commission, the Durham Urban Trails and Greenways Commission, and the Durham County Open Space Advisory Committee; and WHEREAS, -preservation of open space as an accompaniment to growth - can mitigate the impacts of growth and help retain natural beauty; and WHEREAS, preservation of open space provides environmental benefits such as protecting water quality and providing habitat for native plant species and wildlife; and WHEREAS, open space -could form an aesthetic link between Durham and Chapel Hill , while allowing the two communities to remain distinct; and WHEREAS, an open space corridor can serve as a recreational resource providing a place for walking and jogging, becoming part of the regional trail network; and WHEREAS, an open space corridor can provide opportunity for environmental education and observation of nature, THEREFORE be it resolved that the jurisdictions of the Town of . Chapel Hill , City of Durham, Durham County , and Orange County support the following : 1 . The preservation of a corridor of public open space linking New Hope Creek with the Eno River, including the 100-year floodplain of New Hope and Mud Creeks and a 200 ' wide corridor connecting the Duke Forest Divisions to the Eno River State Park through Orange and Durham counties, as shown conceptually on the attached map . 2 . Each County and the municipalities within will support and fund the project in a proportionate manner. 3 .• • 3. The Administration of each jurisdiction is directed to prepare more detailed plans for this project, including identifying the exact route, the amount and location of land and easements to be acquired, responsibility for acquiring, possible funding sources , and preparing a timetable for completion. 4. These plans are to be completed so that they can be included for consideration as early as the 1989-90 budget for each jurisdiction. Adopted: • • 4 a r r , r a aljra"maC PROPOSED OPEN .SPACE �/4.. FOR DURHAM AND ORANGE COUNTIES • If INCLUDES 100 YEAR FLOODPLAIN OF NEW HOPE �j__`` r .. O q' M AND MUD CREEK AND A 200 FEET WIDE CORRIDOR 4 LINKING NEW HOPE CREEK TO THE ENO RIVER : Ali STATE PARK THROUGH ORANGE COUNTY AND '� 0.... DURHAM COUNTY. liril sM 1C~h4-111011 • '`c` ":x1► C' .r/'� l� . .+�'::y:g•: 111 .....„..,:„,4::::::::::::!....t....:-.g.:!..7:.,,:iiii:.:::.....-10., .:.,:::::*3:...::. ..1i.,:‘,.,.....,,,,..,,.,,,,,,f. ......ata;::::4,....,4t.. ,..,.:r.,t,,-,„...,:::.....,;;„:.: . :::::::..,..",::::,...... ..:-..ii,::. et . .. 4:,:::....,:„......: . :s.:.......,...............:i........ -.40.a.:.:::•:-.*:- III ts. *:::•:•:•24' .0---:-.,.---;:::::::: t a 4,Q•. j � r 4\1 . is t r L :IX1!:::::-. .;,...,..4.. . 4 ' to V- -0)• a . .1. S 1r 4...: ■.: I Illik 5 w 15 501 r h ; 0c_" :iicJ ' R5a r. • • k. `.. g i f: ;1 . X j,,, 4 X ,�y�4 a 'C t�L4 R�. �/� �a hggrY -5 o' • ,z..-----: '‘. II • • a a " a a \ •-,••M . 9 . . . Zip z �'1 • • VO $U3 � L v 501 C7.,•,.,.' % 'C . . . &W ''', 5 ,,,.....--0 CC a p ..aft'■• .___� �"""• • "M1 0 'IMO' LEGEND • twit- If U.S. ARMY CORPS OWNERSHIP ""`V'"'''''`' CORRIDOR JORDAN LAKE "'"'``••`''"'' — WITHIN DUKE FOREST • ;= a 200FEET WIDE OPEN SPACE CORRIDOR: " ALTERNATIVE ROUTES MUD CREEK AND • i • • N • EW HOPE :: H CREEK . .. . D . . . . UKEF _. . . . ORES . . . . FOREST • 100 YEAR FLOODPLAIN DEPARTMENT OF DURHAM CITY-COUNTY PLANNING JANUARY 1989 5 NEW HOPE CREEK OPEN SPACE CORRIDOR GOAL: Preserve an open space corridor linking the Eno River State Park, the New Hope Creek Corps lands and the growing communities of Durham, Chapel Hill, and Carrboro for aesthetic, environmental, educational, and recreational purposes, and as a means of shaping the urban form of the area. OBJECTIVES: Coordination 1. Coordinate corridor preservation and possible trail development activities among the jurisdictions and agencies involved. Open Space 2. Identify lands presently preserved as open space and as open space with public access. . 3. Identify the preferred location and.size of the open space corridor to be preserved. 4. Identify strategic segments where open space needs to be protected and where public access needs to be secured. 5. Develop a program for acquiring land, conservation easements,-trail easements, or otherwise preserving land, as necessary to protect the open space corridor. Trails • 6. Identify a primary trail route through the open space corridor. 7. Develop a program for trail development where appropriate, including such elements as priorities, financing, roles and responsibilities of major actors. 8. Identify appropriate locations for and develop facilities for parking and trail access. 9. Identify and coordinate trail access to activity sites along the corridor such as schools, educational and interpretive centers, etc. Educational Facilities 10. Identify facilities to be used for nature and environmental education. • 11. Develop a plan for and facilitate acquisition and management of educational facilities. • DESCRIPTION OF THE CORRIDOR: The proposed corridor extends north from Jordan Lake Corps land on New Hope Creek. and includes a loop, one side utilizing Mud Creek and the Durham Division of Duke Forest. The other side of the loop extends into Orange County through the Korstian Division of Duke Forest, and follows a trail already blazed by the Triangle Greenways Council from the Korstian Division into the Durham Division as part of the Circle-the-Triangle Trail. In the Durham Division both sides of the loop join again and the corridor then extends to the Eno River along one of several possible alternative routes. The entire loop from Corps land to the Eno River is approximately 18 miles. The entire floodplain of Mud Creek and New Hope Creek in Durfiiiii County is approximately 800 acres-Of this perhaps 400 acres are either in Duke Forest or within existing developments. Perhaps another 100 acres of New Hope Creek floodplain is in Orange County outside Duke Forest. All available floodplain will be acquired, perhaps 500 acres, on Mud and New Hope Creeks. A 200' wide corridor will be acquired connecting the Duke Forest tracts and connecting with Eno River State Eassmasmossar--- 6 Park. This 200'wide corridor could consist of approximately 70 to 140 acres depending on which route is selected. A total of approximately 640 acres would be acquired. ACQUISMON: Cost Estimates The cost of land for this project is extremely difficult to estimate. An appraiser was consulted and it was suggested that making a reasonable estimate would be quite time consuming since the area is large and types of land values quite diverse. This appraiser suggested that even an investment of several hundred dollars in a reasonable estimate would not necessarily be accurate, and the money spent on appraisals would be better spent on the land itsetf. To illustrate what the costs might be, at$5000 per acre,the cost of 640 acres would be$32 million dollars,to be shared by the four jurisdictions, Durham County and City,Chapel Hill,and Orange County. It is possible that floodplain land could be purchased for much less than $5000 per acre, and that some of the land would cost more. Acquisition Mechanisms 1. Conservation Easements A conservation easement could be obtained from the owner with conditions providing for public access and preservation of the natural vegetation. One factor that increases the value of floodplain land is the density credit allowed for property zoned for PDR, PUD, or multi-family residential. This problem could be overcome by the owner selling or donating a conservation easement which allows the owner to retain title to the property and thereby have the original allowable density. a Donations - The local governments could work to create a highly positive public acceptance for the project so that land owners will be inclined to participate by donating land or easements, and thereby receive the tax benefits of donating to tax-exempt organizations. 3. Bargain Sales Land owners could sell at a reduced price if they wish to obtain some remuneration for the land and at the same time receive tax benefits. The advantage of this option is that the expenditure of public funds for the land is reduced and at the same time the land owner receives some remuneration as well as tax benefits. The land owner can probably claim as a tax deduction the difference between the appraised market-value price and the reduced price for which he sold the property. 4. Public Funds Each local government whose citizens will have reasonable access to the recreational and •environmental benefits provided by the project,could allocate public funds or hold a referendum on issuing bonds to raise funds. 5. Private Conservation Efforts Local conservation groups such as the Triangle Land Conservancy, may wish to contribute to the project by helping to raise funds or purchasing a portion of the land. • RESOLUTION TO PRESERVE A CORRIDOR OF OPEN SPACE CONNECTING NEW HOPE CREEK WITH THE ENO RIVER THROUGH ORANGE AND DURHAM COUNTIES WHEREAS, the rural and natural beauty of Orange and Durham Counties is prized by our residents; and WHEREAS, the urban areas of Orange and Durham Counties are experiencing unprecedented growth; and WHEREAS, the citizens of Durham County and Orange County have shown concern for preservation of open space through the Chapel Hill Greenway Commission, the Durham Urban Trails and Greenways Commission, and the Durham County Open Space Advisory Committee; and WHEREAS, preservation of open space as an accompaniment to growth can mitigate the impacts of growth and help retain natural beauty; and WHEREAS, preservation of open space provides environmental benefits such as protecting water quality and providing habitat for native plant species and wildlife; and WHEREAS, open space could form an aesthetic link between Durham and Chapel Hill , while allowing the two communities to remain distinct; and WHEREAS, an open space corridor can serve as a recreational resource providing a place for walking and jogging, becoming part of the regional trail network; and WHEREAS, an open space corridor can provide opportunity for environmental education and observation of nature, THEREFORE be it resolved that the jurisdictions of the Town of Chapel Hill , City of Durham, Durham County, and Orange County support the following: 1 . The preservation of a corridor of public open space linking New Hope Creek with the Eno River, including the 100-year floodplain of New Hope and Mud Creeks and a 200' wide corridor connecting the Duke Forest Divisions to the Eno River State Park through Orange and Durham counties, as shown conceptually on the attached map . 2. Each County and the municipalities within will support and fund the project in a proportionate manner. 3. The Administration of each jurisdiction is directed to prepare more detailed plans for this project, including identifying the exact route, the amount and location of land and easements to be acquired, responsibility for acquiring, possible funding sources, and preparing a timetable for completion. 4. These plans are to be completed so that they can be included for consideration as early as the 1989-90 budget for each jurisdiction. Adopted : I i PROPOSED OPEN S.PAE ,4.. FOR DURHAM AND ORANGE COUNTIES Q�bt� : INCLUDES 100 YEAR FLOODPLADI OF NEW HOPE t� q AND IWO CREEK AND A 200 FEET WIDE CORRIDOR '~4f ' a LINKING NEW HOPE CREEK TO THE ENO RIVER STATE PARK THROUGH ORANGE COUNTY AND O. DURHAM COUNTY. illts„ "..---- --.....11.011.4ft'.-§. S .' Pr '' ,. Ilin •:41 ViiA 4 e a .„... ..„.....„...:...„,...:: a thi. itt.,:e..a..'5''r . i.',.4.*:::,-% }r %:tq: r \\\ 8 • 5 r� F':* r 30 n.... , 1. .. it.........,...mi :::.,.. .... .it.,...0..*.A.A..,- - 4.4: ., h.. 4fr ..,...A. .....„ .....,....... ..„:,,,......„ .......,,„.. :� :• a ,,�' 15 15 a `�J.•' i bp1 x.- 501 : :,..... illr, . a •...,.. .. .."71. fi at ..„....„--ik, 0 q' 3 Y i \ ,Sc s xi Y F 'i �a ,•7.; az .._ .... .....,.. z,z, ,..4)•o O:U k > 8U ulei; ` 501 Z4.4( J Y �� P. o n LEGEND , 1m .• U.S. ARMY CORPS OWNERSHIP ;Urea CORRIDOR ::.. lye ;�y ;,�0;.. �'�; JORDAN LAKE ...*:-%Y.:•}r. WITHIN DUKE FOREST 200FEET WIDE OPEN SPACE CORRIDOR; - ALTERNATIVE ROUTES MUD CREEK AND NEW HOPE CREEK DUKE FOREST 100 YEAR FLOODPLAIN DEPARTMENT OF DURHAM CITY-COUNTY PLANNING JANUARY 1989 • NEW HOPE CREEK OPEN SPACE CORRIDOR 1.. GOAL: Preserve an open space corridor linking the Eno River State Park, the New Hope Creek Corps lands and the growing communities of Durham, Chapel Hill, and Carrboro for aesthetic. environmental, educational, and recreational purposes, and as a means of shaping the urban form of the area OBJECTIVES: Coordination 1. Coordinate corridor preservation and possible trail development activities among the jurisdictions and agencies involved. • Open Space 2. Identify lands presently preserved as open space and as open space with public access. - 3. Identify the preferred location and size of the open space corridor to be preserved. 4. Identify strategic segments where open space needs to be protected and where public access needs to be secured. 5. Develop a program for acquiring land, conservation easements, trail easements, or otherwise preserving land, as necessary to protect the open space corridor. Trails 6. Identify a primary trail route through the open space corridor. 7. Develop a program for trail development where appropriate, including such elements as priorities, financing, roles and responsibilities of major actors. 8. Identify appropriate locations for and develop facilities for parking and trail access. _ 9. Identify and coordinate trail access to activity sites along the corridor such as schools, educational and interpretive centers, etc. Educational Facilities 10. Identify facilities to be used for nature and environmental education. 11. Develop a plan for and facilitate acquisition and management of educational facilities. DESCRIPTION OF THE CORRIDOR: The proposed corridor extends north from Jordan Lake Corps land on New Hope Creek, and includes a loop, one side utilizing Mud Creek and the Durham Division of Duke Forest. The other side of the loop extends into Orange County through the Korstian Division of Duke Forest, and follows a trail already blazed by the Triangle Greenways Council from the Korstian Division into the Durham Division as part of the Circle-the-Triangle Trail. In the Durham Division both sides of the loop join again and the corridor then extends to the Eno River along one of several possible alternative routes. The entire loop from Corps land to the Eno River is approximately 18 miles. The entire floodplain of Mud Creek and New Hope Creek in Durtidrri County is approximately 800 acrds:-Of this perhaps 400 acres are either in Duke Forest or within existing developments. Perhaps another 100 acres of New Hope Creek floodplain is in Orange County outside Duke Forest. All available floodplain will be acquired, perhaps 500 acres, on Mud and New Hope Creeks. A 200' wide corridor will be acquired connecting the Duke Forest tracts and connecting with Eno River State Park. This 200'wide corridor could consist of approximately 70 to 140 acres depending on which route is selected. A total of approximately 640 acres would be acquired ACOUISMON: • Cost Estimates The cost of land for this project is extremely difficult to estimate. An appraiser was consulted and it was suggested that making a reasonable estimate would be quite time consuming since the area is large and types of land values quite diverse. This appraiser suggested that even an investment of several hundred dollars in a reasonable estimate would not necessarily be accurate, and the money spent on appraisals would be better spent on the land itself. To illustrate what the costs might be, at$5000 per acre,the cost of 640 acres would be$32 million dollars,to be shared by the four jurisdictions, Durham County and City,Chapel Hill,and Orange County. It is possible that floodplain land could be purchased for much less than $5000 per acre, and that some of the land would cost more. Acquisition Mechanisms 1. Conservation Easements A conservation easement could be obtained from the owner with conditions providing for public access and preservation of the natural vegetation. One factor that increases the value of floodplain land is the density credit allowed for property zoned for PDR, PUD,or multi-family residential. This problem could be overcome by the owner selling or donating a conservation easement which allows the owner to retain title to the property and thereby have the original allowable density. 2. Donations The local governments could work to create a highly positive public acceptance for the project so that land owners will be inclined to participate by donating land or easements, and thereby receive the tax benefits of donating to tax-exempt organizations. 3. Bargain Sales Land owners could sell at a reduced price if they wish to obtain some remuneration for the land and at the same time receive tax benefits. The advantage of this option is that the expenditure of public funds for the land is reduced and at the same time the land owner receives some remuneration as well as tax benefits. The land owner can probably claim as a tax deduction the difference between the appraised market-value price and the reduced price for which he sold the property. 4. Public Funds Each local government whose citizens will have reasonable access to the recreational and environmental benefits provided by the project,could allocate public funds or hold a referendum on issuing bonds to raise funds. • 5. Private Conservation Efforts Local conservation groups such as the Triangle.Land Conservancy, may wish to contribute to the project by helping to raise funds or purchasing a portion of the land. • • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. .E-1 ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 18, 1989 SUBJECT: RENAMING OF HUMAN SEKV 10ES'BOTId1ING= -` DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: NO X ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE LETTER FROM BARBARA PAGE X501 REPORT TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To present a report concerning the renaming of the Central Human Services Building, Hillsborough. BACKGROUND: Barbara B. Page of Hillsborough requests the Central Human Services Building be renamed the Richard E. Whitted Human Services Building. Ms. Page's correspondence and a report highlighting the information that must be considered by the Board before a building/facility can be renamed are attached. RECOMMENDATION(S): The Manager believes that renaming the Central Human Services Building after Mr. Whitted has merit. Based on the criteria in the County Commissioners' policy on naming public buildings, Mr. Whitted would certainly qualify. • MAR 28 1989 2 • 125 West Queen Street Hillsborough, North Carolina 22 March 1989 Mr. John Link, Manager Orange County Government P.O. Box 8181 Hillsborough, North Carolina 27278 Dear Mr. Link: I was very pleased to receive from Commissioner Cary the new policy regarding the naming of public buildings. It has long been my wish to see the Human Services Building, 300 West Tryon Street, Hillsborough be named for Richard E. Whitted. It would be a fitting memorial to one who served Orange County with honor, simple dignity, and tremendous ability. In the years Richard served Orange County as a commissioner, he was held in high esteem by all citizens of Orange County, as well as his peers holding local governmental offices across the state of North Carolina. • Enclosed is a copy of a mailing from the Orange County Social Services Department using a mixture of past names to identify the Human Services • Building. This problem could, be aleviated by the naming of the building for Richard and at the same - time give recognition to an outstanding citizen. Looking forward to hearing from you soon. I remain, Sincerely, C?-4011.41LILJW Barbara B. Page 3 • ORANGE COUNTY BOARD OF SOCIAL SERVICES 1989 Meeting schedule April 27, 1989 rady Brown HtXan Services Building 9:00 am ' 11-bbor ugir, NC May 18, 1989 Northside Human Services Building 7:00 pm Chapel Hill,. NC - June 8, 1989 0-rady Bro Human Services Building 9:00 am Hills orough NC July 27, 1989 Northside Human Services Building 9:00 am Chapel Hill NC August 17, 1989 Grady Brow. . sman Services Building 9:00 am s.orough NC September 21, 1989 Northside Human Services Building 9:00 am Chapel Hill NC October 19, 1989 rady Brown Hu an Services Building 7:00 pm Hi NC November 16, 1989 Northside Human Services Building 9:00 am Cha-- NC December 21, 1989 Grady Brown Hum ervices Building 9:00 am - * olig" C Locations: ady Brown Human Services Bldg. Northside Human Services Bldg. 300 West Tryon Street ' 410 CaldWell Street 2nd Floor Conference Room Aging Conference Room Hillsborough NC Chapel Hill NC • P ys . PROPOSED NAME OF BUILDING: Richard E. Whitted Human Services Building EXISTING NAME OF THE BUILDING: Central Human Services Building OTHER PRIVATE OR COUNTY BUILDING BEARING THE PROPOSED NAME: None DESCRIPTION OF BUILDING FOR WHICH THE NAME IS PROPOSED: The existing building houses the following County departments and agencies: Social Services, Health, Aging, Housing and Community Development, Recreation and Parks, Orange-Person-Chatham Mental Health and the Orange County Library. DESCRIPTION OF INDIVIDUAL'S CONTRIBUTION TO THE COMMUNITY: Served 12 years on the Orange County Board of Commis-sioners Served 7 years as Chair of the Board of Commissioners. Named Outstanding County Commissioner of the Year in 1982 by the North Carolina Association of County Commissioners -. While Mr. Whitted served as Chair of the Board of Commissioners many developments occurred. Some of the accomplishments are listed below: - Relocation of County Library into Central Human Services Complex - Co-location of Human Services Departments into Central Human Services Complex - Establishment of the County Health Department (formerly a regional agency) - Expansion of Orange-Person-Chatham Mental Health Services - Creation of the County Community Development Program and Activities - Establishment of County Personnel Department Mr. Whitted served on many County and Regional Advisory Boards. Some of these were: - Orange-Person-Chatham Mental Health Agency - Council on Aging - orange-Durham Coalition for Battered Women - Triangle J Council of Governments FILE: COBLDG2.DOC = i 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-1 ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 1989 SUBJECT: GRANT AGREEMENT: NC DOT-AVIATION DEPARTMENT: PURCHASING PUBLIC HEARING YES: NO:XX ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT 498 GRANT AGREEMENT Telephone Number- Hillsborough -732-8181 Chapel Hill -967-9251 Mebane -227-2031 Durham -688-7331 PURPOSE: To approve a grant agreement for funds from NC-DOT-Aviation to conduct a feasibility study for the proposed general aviation airport in Orange County. BACKGROUND: The County made application to NC DOT-Aviation in July, 1988 for funds to conduct the feasibility study. In November, 1988 the Aeronautics Council recommended that Orange County receive $45, 787 to fund the project. The State has now sent us the formal grant agreement to be signed by the Chair in order that the reimbursements for consultant services can begin. A number of documents must be submitted to the State periodically to provide project status, budget verification, request for reimbursement, etc. In order that these documents be prepared and submitted in a timely manner, we request that the County Manager be authorized to sign on behalf of the County. The Board of Commissioner 's would be asked to approve any document which changes the scope of the project or, obligates the County further. The Attorney has cautioned that paragraphs 3 and 4 of Attachment C should be specifically noted. The actions required by these paragraphs may involve the exercise of the Board's legislative power. This power cannot be exercised by contract. 2 RECOMMENDATION: Approve grant agreement with NC-DOT-Aviation for $45, 787, contingent upon approval by the County Attorney; specifically • citing the approval of the resolution on page four of the Grant Agreement; authorize the Manager to sign routine documents of verification or information associated with this project; and authorize the Chair to sign on behalf of the Board. 3 GRANT AGREEMENT Flf STATE AID TO AIRPORTS AIRPORT: Orange County BETWEEN THE DEPARTMENT OF TRANSPORTATION, AN AGENCY OF THE STATE OF NORTH CAROLINA PROJECT NO: 9.9450891 AND ORANGE COUNTY This Agreement made and entered into this the day of , 19 , by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "Department") and ORANGE COUNTY (hereinafter referred to as "Sponsor"). W I T N E S S E T H WHEREAS, Chapter 63 of the North Carolina General Statutes authorizes the Department, subject to limitations and conditions stated therein, to provide State Aid in the forms of loans and grants to cities, counties, and public airport authorities of North Carolina for the purpose of planning, acquiring, and improving municipal, county, and other publicly-owned or publicly controlled airport facilities, and to authorize related programs of aviation safety, education, promotion and long-range planning; and WHEREAS, the Sponsor has made a formal application dated the 3rd day of January, 1989, to the Department for State Financial Aid for the Proposed Orange County Airport; and 1 WHEREAS, a grant in the amount of $45,787 has been approved subject to the conditions and limitations herein; and WHEREAS, the Grant of State Airport Aid funds will be used for the following approved Project: "Conduct a Feasibility Study for Proposed New Airport" DOA Form 12/85 4 NOW THEREFORE, the Sponsor and Department do mutually hereby agree as follows: 1) That the Sponsor shall promptly undertake the Project and complete all work on the Project prior to the 1st day of January, 1990, unless a written extension of time is granted by the Department. 2) Work performed under this Agreement shall conform to the approved project description. Any amendments to, or modification of the scope and terms of this Agreement shall be in the form of a Modified Agreement mutually executed by the Sponsor and the Department, except that an extension of time may be granted by the Department by written notice to the Sponsor. 3) As proposed by the Sponsor, this Project involves only state and local funding. In the event the Project, or any portions thereof, . subsequently receive funds from the Federal Aviation Administration (FAA), the Sponsor shall refund to the Department all state funds disbursed to the Sponsor in excess of fifty percent (50%) of the non-federal share of the revised project costs as reflected in the federal grant application. Such refund of excess state funds shall be made within ninety (90) days of the date of the final execution of the FAA Grant Agreement affecting the work elements in the approved project 4) If, for any cause, the Sponsor shall fail to fulfill his obligation under this Agreement in a timely and proper manner, or if the Sponsor violates any of the covenants, agreements, or stipulations of this Agreement, the Department shall have the right to terminate this Agreement by giving written notice to the Sponsor of such termination at least fifteen (15) days, prior to the date of termination. In the event of the termination of this Agreement, the Sponsor shall receive compensation equal to fifty percent (50%) of the non-federal share of any work found acceptable by the Department which was completed prior to the termination of this Agreement. 5) The Sponsor agrees to adhere to the standards and procedures contained in the State Aid to Airports Program Guidance Handbook, unless the Department issues a written waiver. 6) Attached hereto and made part of this Agreement are Attachments A, B, C, D, E, & F which contain special conditions for the conduct of the Project and such special conditions shall be binding upon the Sponsor and the Department. DOA Form 9/88 5 IN WITNESS WHEREOF, TAE PARTIES HERETO HAVE EXECUTED THIS GRANT AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BY: Secretary of Transportation NCDOT SEAL ATTEST: SPONSOR: Official Agency: County a4 Onanae_ Signed: Attest: SPONSOR SEAL STATE OF NORTE CAROLINA, COUNTY OF Oftangp. Is , a Notary Public in and for the County 'and State aforesaid, do hereby certify that personally came before me this day and acknowledged that he is Chain to the Baand oA Carrerci 64 Loneka . of the County of Onnage (Title) (Sponsor) • (hereinafter referred to as "Sponsor") and by authority duly given and as an act of said Sponsor, the foregoing instrument was signed by him, attested by Beveney A. B.eythe, C.eenk to the Board of the Sponsor, and the Seal of the (Name and Title) Sponsor affixed thereto. WITNESS my hand and Notarial Seal, this •the ®� dap of 19 . Notary Public (Signature) • My Commission Expires: SEAL ' DOA Form 12/85 • . rage 3 of 6 II _ - RESOLUTION 6 t , A motion was made by (Name and Title) and seconded by for the adoption of the (Name and Title) following Resolution, and upon being put to a vote was duly accepted: WHEREAS, _a grant in the amount of $ 45.781 has been approved by the Department; and WHEREAS, an amount equal to or greater than the approved grant has been appropriated by the Sponsor for this Project. NOW THEREFORE, BE AND IT IS RESOLVED THAT THE Chait Baand o COMM-i4- (Title) • b•conen[+ of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. 1, Mo4e4 Caney Jr., Chaik to the Board ojConm:i.aoLonet4 -f (Name and Title) the County of Orange, co hereby (Sponsor) certify that the above is a true and correct copy of an excerpt from the minutes of the of a meeting (Sponsor) duly and regularly held on the tth day of Much. , 19 gq • • WITNESS my hand the official Seal of the Sponsor This, the tth day of Mateh , 19 89 • Signed: .SPONSOR SEAL Title: Chair to the Board as Comm•i.,64ione46 Of The: County off ()range DOA FORM 12785 Page 4 of 6 • 7 FINANCIAL OFFICER'S CERTIFICATION Provision for the payment of monies which shall fall due under this agreement or any amendment thereto has been made by appropriation duly authorized, as required by the local government Budget and Fiscal Control Act. By: Title: NiEgst04,fii F naaae • (Finance Officer as defined in Part 3, Article 3, Subchapter III • of Chapter 159 of the North • Carolina General Statutes) -- - STATE OF NORTH CAROLINA, COUNTY OF I, ,, , a Notary Public in and for the County and State aforesaid, do hereby certify that personally came before me this day.and acknowledged that he is tbe • Di. .ecton of .FAn,znce (Finance Officer -as,defined in Part 3, Article 3, Subchapter III of Chapter 159 of the North Carolina General Statutes) for County oti (haw, No'tth Ccucana and that by authority duly given (Sponsor) as an act of said County oio'uLnge the foregoing (Sponsor) • certificate was signed by said Finance Officer and.the Seal of Corm,# ni Now - affixed. (Sponsor) Witness my hand and Notarial Seal, this the day of , 19 • • Notary Public (Signature) My Commission Expires . SEAL DOA Form 12/85 - Page 5 of 6 • • AIRPORT ATTORNEY'S CERTIFICATION 8 I, _ G r feu �. G�2dhi,?.Q e.. ., acting as attorney for Countu a4 O'uznge. Nanth Catmeina , (hereinafter referred to as ("Sponsor") do hereby certify that said Sponsor has the authority and power to enter into the attached State Aid to Airports Grant Agreement with the North Carolina Department of Transportation. I further certify that said Sponsor has complied with all the necessary legal requirements prior to - and* including authorizing the-Oaange County Chait to the Soakd (Tithe of Sponsor's Representative) to enter into. said Grant Agreement on its behalf and that said Grant Agreement is legally binding. Signed: Typed Name: Goiptey E. 9tedhi4 • • • • • DOA Form 12/85 • Page 6 of 6 9 ATTACHMENT A SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION 1. The Sponsor shall comply with all requirements of the State Aid to Airports Program Guidance Handbook. . 2. The Sponsor shall submit draft plans and specifications, or an approved ' alternate, for the Project for review by the Department prior to advertising for bids on the Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to • • requesting "Project Concurrence" to undertake the project. • 3. Following bid opening or final contract negotiations, the Sponsor shall submit the "Project Concurrence" request along with all bid tabulations to the Department for review. The Department will take action on the request including the approval or disapproval of the Sponsor's employment of specific contractors within ten (10) days of receipt. • 4. AU contractor(s) who bid or submit proposals for contracts in . connection with this project must submit a statement of non-collusion to•the . Sponsor. • 5. The Sponsor shall not commence construction or award construction contracts on the project until a written "Project Concurrence" is co-signed by the Sponsor's Representative and the Department. . 6. The Sponsor shall submit quarterly. status reports to the Department, Department of unless otherwise instructed, and will immediately notify the D p any significant problems which are encountered in the completion of the Project. DOA Form 12/85 ATTACHMENT A • Page 1 of 2 . 10 7. The Sponsor agrees that he will notify the Department of any significant • meetings or inspections involving the Sponsor, his contractor(s) , consultant(s), and/or federal funding agencies concerning Project. v 8. The Sponsor shall provide the Department with such interim plans, specifications, reports, and other studies as may be produced under the Project prior to the acceptance of such documents by the Sponsor. Further, the Sponsor shall provide the Department with a final copy of such documents following their approval and acceptance by the Sponsor. - 9. The Sponsor shall notify the Department within thirty (30) days of completion of all work performed under this agreement for the purpose of final acceptance inspection and scheduling of final audit by the Department. 10. The Sponsor has full responsibility for assuring the completed Project meets the requirements of the Department and -appropriate federal funding agencies. The Sponsor further certifies that all local, state, and federal requirements for the conduct of this Project shall be met. 1 il. It is the policy of the Department not to award contracts to contractors who have been removed from the'Department's list of .pre-qualified bidders without subsequent reinstatement. Therefore, no State funds will be provided for any work performed •by the contractor(s) or sub-contractor(s) which had been removed from the Department's list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract. It shall be..the responsibility of the Sponsor to insure that' only properly qualified contractors are given construction contracts for work involving State Airport Aid funds. • DOA Form 12/85 Attachment A Page 2 of 2 ATTACHMENT B SPONSOR'S ASSURANCES: PROJECT ACCOUNTING 1. The Sponsor shall deposit all funds received under, this Agreement and shall keep the same in an identifiable Project account. The Sponsor, and • his contractor(s) and/or consultant(s), shall maintain adequate records and documentation to support all Project costs incurred under this grant. All records and documentation in support of the Project costs must be identifiable as relating to the Project and must be actual and acceptable costs only. Acceptable costs are defined as those costs which are ' acceptable under "Federal Acquisition Regulations 1-31.6, 48 CFR (OMB Circular A-87). Acceptable items of work are those referenced in Title 19A, Subchapter 6C of the North Carolina Administrative Code and North Carolina General Statutes. The Sponsor's accounting procedures which were established for work as set out in this Agreement must be reviewed and accepted by the Department prior to-the final execution of this Agreement and payment of State funds, except for Sponsors reporting under OMB Circular A-128. • 2. The Sponsor and his contractor(s) -and/or consultant(s) shall permit free . access to its accounts and records by official representatives of the State of North Carolina. Furthermore, the Sponsor and contractor(s) and/or consultant(s) shall maintain all pertinent records and documentation for a period of not less than three (3) rears following the final audit by the Department. 3. In accordance with the State Single Audit Act (House Bill 1036 dated June 4, 1987) , the Sponsor agrees to comply with the audit requirements of G.S. 159.34 of the "Local Government Budget and Fiscal Control Act". This statute states that all local governments and public authorities which receive $25,000 or more in combined Federal and. State funds will have a Single Audit of their records performed and will submit a copy of the audit • report to the State agency(s) providing the funding. This report will . - replace the site final audit of the individual grant which formerly was performed by the Department's External Audit Branch. A final audit will still be conducted by the Department where funding is less than $25,000 if the Sponsor fails to comply with the Act, or when the Department deems a final audit to be appropraite. DOA Form 12/85 ' ATTACHMENT B Page 1 of 1 • 12 • ATTACHMENT C SPONSOR'S ASSURANCES: GENERAL CONDITIONS 1. The Sponsor agrees to operate the Airport for the use and benefit of the general public and shall not deny reasonable access to public facilities by the general public. • 2. The Sponsor agrees to operate, maintain, and. control the Airport in a safe and serviceable condition for a minimum of tw�eenty (20) years following the date of this Agreement and shall immediately undertake, or cause to be undertaken; such action to correct safety deficiencies as may be brought to its attention by the Department. • 3. The Sponsor agrees that any land purchased or facilities constructed under this Agreement shall not be sold, swapped, leased or otherwise transferred from the control of the Sponsor without written concurrence of • the Department. • 4. The Sponsor agrees that the state •share of any land purchased or facilities constructed under this Agreement shall be credited to the Department in a manner acceptable to the Department in the event such land or facilities are subsequently disposed of through sale or lease. 5. Insofar as it is within its power and reasonable, the Sponsor shall, . either by the acquisition and retention of property interest, in fee or easement, or by appropriate local zoning action, prevent the construction of any object.which may constitute an obstruction to air navigation under the appropriate category of Federal Air Regulation Part 77, 14 CFR 77. • 6. Insofar as it is within its power and reasonable, the Sponsor shall, .either by acquisition and the retention of property interest: in fee or . easement, or by appropriate local zoning action, restrict the use of land in the airport's environs to activities and purposes which are compatible with normal airport operations including landing and takeoff of aircraft and the noise produced by such operations. DOA Form 7/87 ATTACHMENT C Page 1 of 2 • 13 7. Terminal building spaces constructed under this Grant Agreement shall be for the use of the general public. The Sponsor agrees that it will not use any space so constructed for private use, or charge fees for the use of such space, without the written approval of the Department. • • DOA Form 7/87 ATTACHMENT C Page 2 of 2 14 • ATTACHMENT D PROJECT FINANCIAL PROVISIONS 1. Payment of the State funds obligated under this Grant Agreement shall be made in accordance with the following schedule, unless otherwise authorized by the Department. A. Upon final execution of the Grant Agreement and Project Concurrence by the .Department, the Department will issue its voucher for ten percent (10%) of the Agreement amount. B. Subsequent payments will be made on the basis of progress • payments which may be requested by the Sponsor as costs are incurred, but not more frequently than monthly. Progress payments will be made provided the following requirements have been met. (1) . The Grant Agreement has been executed and a Project Concurrence issued. -z_ (2) The Project has received an appropriate environmental finding. (3) The Sponsor has submitted a Proposed Project Budget Form AC-6 accurately reflecting the expected costs. (4). The Sponsor has submitted an executed interim Payment Request Form AC-7 accurately reflecting the costs incurred to date. • (5) The Sponsor has complied with all applicable conditions of the State Aid to Airports Program Guidance Handbook. C. The submission of p ress ro payments g yments is expected to parallel the value of work actually completed and costs incurred. At such point the Sponsor has requested payments equalling 100% of the State Grant, it is expected that the approved project will be 100% complete. D. Upon receipt of 100% of the State Grant, the Sponsor will promptly complete project acceptance and submit the Project Completion Certification Form AC-8 and Final Cost Information . Form AC-9. • DOA Form 12/85 Attachment D Page 1 of 2 15 • 2. If after the completion of the final audit by the Department, the final State share of approved eligible items is less than the amount of State funds actually disbursed for the Project, the Sponsor shall reimburse the Department in an amount equal to the difference between the amount of State funds actually disbursed and fifty percent (50%) of the non-federal share of the final, audited, approved eligible-Project costs within thirty (30) days of notification by the Department of the amount due. 3. If after completion of.a final audit by the Department, the final State share of approved eligible Project costs shall be more than the amount of State funds obligated for the Project, the Sponsor may make application to the Department for a corresponding increase in accordance with their relative priority versus other applications for available State funds. 4. Under certain conditions, projects originally involving only State and local funds may subsequently be eligible for reimbursement from federal funding agencies. In such cases, the Sponsor shall notify the.Department of its intent to apply for federal reimbursement and shall keep the Department informed of the status of such application. In the event federal funds are obtained for all or a portion of the project, the Sponsor shall refund to the Department an amount equal to the difference between State funds originally disbursed for the work item(s) subsequently receiving federal funds and fifty percent (50%) of the final approved non-federal share of the costs of the affected item(s) of work. Reimbursement will be made • within ninety (90) days of the date of the final execution of the FAA Grant Agreement affecting the work elements in the approved project. 5. For the purposes of calculating the State share of a Project, federal funds are defined as funds provided by any agency of the federal government for the specific purpose of undertaking the Project. DOA Form 12/85 ATTACHMENT D Page 2 of 2 16 ATTACHMENT E SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION (PROJECTS INVOLVING . REIMBURSABLE WORK) 1. The Sponsor shall comply with all requirements of the State Aid to Airports Program Guidance Handbook. • . 2. For item(s) of work underway as of the date of the Sponsor's execution of this Agreement, the Sponsor shall submit with the Agreement: A. Plans and specifications or such alternate as may be approved by the Department. B. If a construction award has been made, a copy of the bid • tabulations. C. If work is physically underway, a status report on work completed and percentage of work remaining. D. _ If all work has been completed, a Project Completion Certification. 3. For any item(s) of work not underway as of the date of the Sponsor's execution of this Agreement, the Sponsor shall submit draft plans and specifications, or as approved alternate, for the Project for review by the Department prior to advertising for bids on the Project. Should bids not be required on the Project, the Sponsor shall submit a detailed work scope and estimated costs prior to requesting Concurrence to undertake the Project. • • 4. For any items of work not underway as of the date of the Sponsor's execution of this Agreement, following bid opening or final contract negotiation, the Sponsor shall submit the Project Concurrence request along with all bid tabulations to the Department for review. The Department • will take action on the request including the approval- or disapproval of the Sponsor's employment of specific contractor(s) within ten (10) days of 1 .receipt. - . • DOA Form 12/85 ATTACHMENT E Page 1 of 3 II, • 17 5. All contractor(s) who bid or submit proposals for contracts in connection with this Project must submit a statement of non-collusion to the Sponsor. 6. For any item of work not underway as of the date of the Sponsor's execution of this Agreement, the Sponsor shall not commence construction or award. constructibn contracts on the Project until a written Project - Concurrence is co-signed by the Sponsor's Representative and the Department. 7. For all item(s) of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall submit quarterly status reports to the Department, unless otherwise instructed, and will immediately notify the Department of any significant problems which are encountered in the completion of the Project. 8. The Sponsor agrees that he, will notify. the Department of any significant meetings or inspections involving the Sponsor, his contractor(s), consultant(s), and/or federal funding agencies concerning the.Project. • V. For all items of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall provide the Department with such interim plans, specifications, reports, •and any other studies as may be produced under the Project prior to the acceptance of such documents by the Sponsor. Further, the Sponsor shall provide the Department with a final copy of such documents following their approval and acceptance by the Sponsor. 10. For all items of work not completed as of the Sponsor's execution of this Agreement, the Sponsor shall notify the Department within thirty (30) days of completion of all work performed under this Agreement for the purpose of the final acceptance inspection and scheduling the final audit by the Department. • DOA Form 12/85 ATTACHMENT E Page 2 of 3 18 11. The Sponsor has full responsibility for assuring the completed Project meets the requirements of the Department and appropriate federal funding agencies. The Sponsor further certifies that all local, state, and federal requirements for the conduct of this Project shall be met. 12. It is the policy of the Department not to award contracts to contractors who have been removed-from the Department's list of pre-qualified bidders'without subsequent reinstatement. Therefore, no State funds will be provided for any work performed by a contractor(s) or sub-contractors) which had been removed from the Department's list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract. It shall be the responsibility of the Sponsor to insure that only properly qualified contractors are given construction contracts for work involving State Airport Aid funds. • • ICI 1 • • DOA FORM 12/85 ATTACHMENT E Page 3 of 3 • 19 ATTACHMENT F SPONSOR'S ASSURANCES: REAL PROPERTY ACQUISITION 1. The acquisition of land, buildings, and other real property involving the use of state airport aid Binds shall be in compliance with the provisions of this attachment. • 2. The acquisition cost of each parcel, building, or other real property . acquired with state financial assistance shall be based on the fair market value of the property as determined by an appraisal process acceptable to the Department. 3. For each parcel or building with an estimated cost of $100,000 or less, fair market value shall be established by a single original appraisal and a review appraisal. For complex acquisitions, fair market value shall be established by two original appraisals and one review . • . appraisal. 4. All original and review appraisals shall be conducted by qualified • appraisers who have no financial or other interest in the property to be acquired. 5. The fair market value of a parcel will be established by the review appraiser based upon the information contained in the original appraisal or appraisals: • 6. No negotiation for property acquisition shall be commenced between the Sponsor and the property owner until the fair market value of the property has been established. Initial negotiations shall be based upon the fair market value. • • 7. Negotiated values above the fair market value shall not be eligible for state funding unless, prior to the final agreement for acquisition, the Sponsor has received the concurrence of the Department for paying such negotiated values in lieu of the appraised fair market value. DOA FORM 9/88 ATTACHMENT F Page 1 of 2 20 t : A 8. Sponsors which adhere to the federal "Uniform Guidelines for the Acquisition of Property" shall be deemed to have conformed to the 'Department's guidelines, except that paragraph 7 above shall be applicable under such acquisitions. • 9. In the event the Project is a low value, non—complex acquisition, the Department, at its option, may accept the original appraisal without the review appraisal. In such case, all other provisions of this Attachment shall apply. 10. Failure to follow the requirements of this Attachment shall disqualify the property from state participation for any parcel which has not been acquired in accordance with such standards. DOA FORM 8/88 ATTACHMENT F Page 2 of 2 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F4L. ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 1989 • SUBJECT: FIREWORKS PERMIT; TOWN OF CARRBORO DEPARTMENT: PURCHASING PUBLIC HEARING YES: NO:XX • ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT 498 REQUEST FROM TOWN Telephone Number- • Hillsborough -732-8181 Chapel Hill Mebane -967-9251 -227-2031 Durham -688-7331 PURPOSE: To consider approving a permit for a fireworks display to be held in conjunction with the 4th of July Celebration sponsored annually by the Town of Carrboro. BACKGROUND: The Town of Carrboro will sponsor a 4th of July Celebration to be held on the grounds around the Town Hall . Part of the celebration will include a fireworks display by Southern 1 . International , Inc. The criteria has been met for adequate safety precautions, including coverage of the event by emergency personnel . All insurance requirements have been met, with the exception of the general liability which covers the Town specifically for this event . As in years past, this coverage will be written within thirty (30) days of the event and a certificate of insurance submitted to the County prior to July 4, 1989. RECOMMENDATION: Approve a fireworks permit for the Town of Carrboro's Annual July 4th Celebration, contingent upon submission of proof of general liability insurance coverage. • P.O.Box 337 301 West Main Street - arrboro Carrboro.North Carolina 27510 (919)968-7700 (919)942-8541 • • N.C. March 10, 1989 Ms. Pamela K. Jones Director of Purchasing 300 W. Tryon. Street Hillsborough, N.C. 27278 • Dear Ms. Jones, For more than sixteen (15) years the Town of Carrboro has featured a fireworks display at our Annual Fourth of July Celebration held on the Carrboro Town Han grounds on July 4th. We understand that a permit to "shoot" a fireworks display must be received from the Orange County Board of Commissioners as stipulated by the :.:.-C c-ezeral Assembly. We submitted tc you a similar request last year and the following information proved adequate for the Commissioners to approve our request for this permit. The Town has contracted with a professional fireworks (Southern Fireworks :nternational) company to actually supervise the shooting of the -display. Therefore, we would respectfully ask that this natter be brought to the County Commissioners for their review and approval of a fireworks permit. I hope that the following information is sufficient for you to forward our permit request to the County Commissioners with a positive recor-endation. SITE: The fireworks will be shot over the former Town Hall Banfield grounds, located behind and adjacent to the Carrboro Town Hall at 301 W. Main Street, Carrboro. This is the same site that has been Wised in the past. FIREWORKS/DISPLAY SHOOTING: The fir_.:works display will tak;! place :cetween 9:00pm and 10:00pm on Iuly 4th. 1989. The actual firing will be by a professional expert with assistance and stand-by/back-up of the Carrboro Fire Department. Only aerial display will be featured. Our executed agree and a copy of Southern international ' s certificate of insurance is attached for your review. • • 1 3 Ms. Pamela K. Jones Fireworks Permit March 10, 1989 Page 2 • TOWN INSURANCE: Insurance of a general liability nature in the amount of one million dollars has been confirmed by the Town ' s independent insurer, the Chapel Hill Insurance Company. This additional insurance above the Town's present policies cannot be binded until thirty (30) days before the actual firing date. However, the Chapel Hill Insurance company has confirmed the insurance would definitely be available through Scottsdale Insurance Company. A letter from Chapel Hill Insurance company accompanies this packet. This insurance, will be hound on or after June 4, 1989 after all permits and contractual arrangements are finalized. Please contact Richard E. Kinney, Recreation and Parks Director at 968-7703 for additional information or clarification of any matters as presented. I appreciate , in advance your timely • consideration of this matter. Sincerely, • obert W. Morgan Town Manager RWM/lr xc: Mr. John Link, Jr. Orange County Manager Mr. Richard E. Kinney, Carrborc Recreation & Parks Director • • CERTIFICATE OF INSURANCE ' • / �' • This certificate is issued as a matter of information only and confers no rights upon the cenitieate holder, This certificate does not amend,extend or alter the coverage afforded by the policy(ies)listed below. The 4 Insurer accepts no responsibility for any additions or changes made hereon that are not on record with the Insurer. • • Nertle and Address of Insured: SOUTHERN INTERNATIONAL FIREWORKS;' /NC. P.O. BOX 8340 • ATLANTA, GA 30306 • • . This is to certify that the policy(ies) of insurance listed below have been issued to the insured named above and are In force at this time. • TYPE OF INSURANCE: GENERAL LIABILITY INCLUDING PRODUCTS AND ano operations/locations COMPLETED OPERATIONS LIABILITY INNSUttANCC covered thereunder PER POLICY FORM NCMGL-1 (CLAIMS MADE) NAME OF INSURER: EVANSTON INSURANCE COMPANY • POLICY NUMBER: MC 11399 . POLICYPERI00: March 21, 1989 to March 21, 1 990 LIMITS OF LIABILITy'AND DEDUCTIBLE: COMBINED SINGLE LIMIT Bodily In jury and Property Damage Liability $1,000,000 each occurrence •$1,000,000 annual aggregate $ 25,000 deductible each occurrence Should the described policy(ies) be cancelled before its (their) expiration dale, the undersigned will en- deavor to give�Q„days written notice to the certificate holder or. t n clays written notice in the event the cancellation(s)is(are),due to nonpayment of premium and/or deductible or retention, Failure to give such notice•shat/impose no obligation or liability of any kind upon-the undersigned or upon the Insurer. Name and Address of Certificate Holder: ToWn of Ottcrbcao P.4. Box 337 , NC, 27510 Attn: Richazd Kinney . • Display tare; July 4, 19$9 • • Date_2/I4/89-cv j • Shand.Morahan&Company.Inc. Shand Morahan Plaza £vaosfan,Illinois 6020f 511 102-10 1/85 By 1 1.1 . `'1`1' 1, Chapel Hill Insurance Agency, Inc. 5 P.Q. Box 600-151 East Rosemary Street--Chapel HI%North Carolina 27514 • January 30, 1989 • TOWN OF CARRBORO ATTN: TIM BLAKE PO BOX 337 301 WEST MAIN STREET CARRBORO, NC 27510-2029 RE: SPECIAL EVENT COVERAGE POLICY: 5L5190567 CARRIER: HANOVER INSURANCE AGCY DEAR TIM: - AS PER OUR TELEPHONE CONVERSATION OF JANUARY b, 1989, SCOTTSDALE INSURANCE COMPANY IS AGREEABLE TO PROVIDING A GENERAL LIABILITY POLICY COVERING YOUR FIREWORKS DISPLAY AGAIN THIS YEAR. SINCE YOU DID NOT HAVE ANY LOSSES LAST YEAR THE PREMIUM WOULD PROBABLY REMAIN THE SAME AS LAST YEAR, $1,100, OR PERHAPS DECREASE ANOTHER $100. IT SHOULD BE NOTED THAT DUE TO NORTH CAROLINA LAW, WE CAN NOT BIND OR GUARANTEE COVERAGE OR PRICING PRIOR TO 30 DAYS OF THE EFFECTIVE DATE. IF YOU HAVE ANY 3UESTIONS, OR IF WE CAN BE OF FURTHER ASSISTANCE TO YOU, PLEASE LET US KNOW. SINCERELY, • CAROL SASSOUNI ACCOUNT ANALYST CAS:cas • • Chapel Hill:942-8726 Raleigh:828-1564 Durham:683-1874 • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No . -3 ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 1989 SUBJECT: Annual Contributions Contract/Section 8 Housing Voucher Program DEPARTMENT: Housing/Community Dev PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes HUD Resolution Annual Contributions Contract TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To adopt a resolution authorizing execution of the execution of the Section 8 Housing Voucher Program Annual Contributions Contract . BACKGROUND: On March 21 , 1989, the County received from the Department of Housing and Urban Development (HUD) an additional allocation of approximately 16 vouchers with budget authority in the amount of $85, 764. This will enable the Housing and Community Development Department to provide rental assistance to 16 additional families in the County. Presently, the County has budget authority for 39 vouchers. Receipt of this new allocation will increase the program potential to 55 vouchers. In order to receive this allocation a Annual Contributions Contract must be executed. This contract is an agreement between the County and HUD to provide housing assistance payments to eligible participants. RECOMMENDATION(S) : Adopt the resolution authorizing the Chair to sign the Annual Contributions Contract on behalf of the Board. 2 RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the -orange County Housing & Community Development Dept. (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "Contract") with the United States of America, Department of Housing and Urban Development (herein called the "Government"). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. •The Contract, numbered Contract No. A2903-V is hereby approved and accepted both as to form and substance and the Chair gf 140. of ,ommigs.oners is hereby authorized and directed (Title of Officer) to execute said Contract in triplicate on behalf of the PHA, and the Clerk to the Bd. of Commissi_onersis hereby authorized and directed to (Title of Officer) impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Managgr is hereby authorized (Title of Officer) to file with the Government from•time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. • , ! • ACC Part I Numbers A-2903- V 11.l3. DEPARTMENT�OFON DEVELOPMENT 8 EXSTING HOUSING CONSOLIDATED.ANNUAL CONTRIBUTIONS CONTRACT P A TI for HOUSD1G VOUCHER PROGRAM 1.1 DAN A. ACC. As wed In Pant I of this CACC. 'ACC' macs H .rtTih ticin Contract fog each froject. As owl is Part IIof this CACC, 'ACC° news the CACC. pr CACC. CodU C. Contract A The an of Part I �' " Exhibit I or II of CACC Part to reduction in soccadarne with mem 1.r4►D and sacticn 2.3 of this CACC). D. Pkwal.Tear. The PHA Pisa&Tam H. HUD. U.S. Depletnert of Booting aril Wen Devekpnert, P. PHA. Pty Agway. G. Pumas. The PHA'S Hawke Voucher Psogran under the CACC. H. Prow= Expeodibaya, Anoints width natty be charged maim* *ogre* Receipts in accordsece with the CACC aio3 HUD require nett . A' by HUD tot3ea PHA fc�rthe L °° PHA In camedzionVoucher With he e, an3 ary®ols • sanoxia received by the J. Project. A fooling knrentsit fit the Pagan. Page 1 of 4 pages HUD 52520 D (January 1989) . 4 • • 1.2. HOUSING VOUCBBR PROGRAM. A. • in • ...;.- a. The projects in the Program arm Bated in , _ I . • _.. , • Hof tide CACC Part L (List*Sinew pojects in CACC ESA,) B. PHA Fiscal Y . The Fiscal Ye Year ex the n be the Rana h period earning June of each calendar mar. Wiest the clay and month used motto Plant Year ending cube for other sect:km 8&nista=administered by the PHA under an ACC with HUD) LL TERM. A. The initial tern of the ACC gar each project dull be a term of Ave yeas laegtr>ndrzg ae the effactive date of the ACC for the P - B. The taet data ern lea date ci the ACC tern for each project is stated in Exhibit Ur Eeldleitlf. - C. The Ora data of elet ACC term fir the be at date as determined by BUD. D. if the first or Ink date of they ACC term Scar the project is at gamed before ties CACC Wiped by tin PHA, the date nary be entered satly by HUD, upon written notice by BUD to thilt PHA. R. BUD nay revile Welt x or ellalit 31 at any tines, upon written • notice by BUD to the PHA,to remove a for which Me ACC tern has P. The initial ACC term fox any project maybe entended by a eeaeat cf the PHA semi HUD. L4 ANNUAL CONTRIBUTION. 11 A. Payment. BUD shall peg the PHA mesa Ba ' " e fi r ent T+rogCa►a in.aocxadaancv3 with HUD regniatioes and timairea®o . B. Amount and PurYaaae of HUD Payments. L Tie annual temileSetion for the Program diming a Fiscal Year shall be the s em of the aac as paid for each of the min Program. The HUED netic�far amoved ty• HUD fir end*Fiscal Year to covert a. The amount of housing amistaroe payments by the PHA. Page 2 of 4 pages HUD 52520 D (January 1989) S • 5 _ • • Ix Ito amok* at PHA thee fix Program ad 2. The amount of the BUD aliwat cantaitecta may be Recekte a� erfs�e a by 1 income)) ether e e UB D annuat r C. Maxiaua Payments for Prcga m. L 'Idmftt on Paymet'tte for m. Runt firs paymet>tm;> e cicc an proddel in secticn 1.4.6 of this CACC, the BUD usual camas far a 14.3 durfas3 Be Met Year thall. not be mane than the =dew* rathrity for the project. The am 4:1 war for each in the Pzvgne is staled in I anti 21 of this CACC Pmt I tD In acacedance with 1..4.D and emotion 2.3 cithte CACC). 2. Limit al 'metal. Payments fir _ ..,.• CACC Vica . tclal cd BUD payments = 1.4.8 fear Term. project over the term et Oa CACC the porject Un udi g any payments from the CACC reserve acoatzt as plodded ha section 1.4$ bait, :sot Induling any , paymesnis under section 1.4.1+) sten not be anze than five tines the=tract authority Scree D. itedectioa cf Aa BUD may the amount pey ® SUDS, c any or tar is m, may ascot the asct of the fry any giving the PEA off p motion 2.3 of this CACC. nooks by BUD nay indalle a revision of EtdM*ice 21 to teats the vainctioa iet tha a of attbre ty far a poject. - !. CACC Reserve Accurst. A CACC neerve accrout *nU be by BUD,in an 11 CACC 'emotes by BUD BUD. D payment of any pcmtIcn cf the pymeet warmed by BUD under liEction L4J3 for the Pima Teen • P. Ft ata2fIlty Proceltaest Pewee Reif. PEA. 3s didition to the • maximum muerte udder section C, payments eon the CACC reeerve accost under setion L4.34, BUD may sad oaei wymeraz to the PEA fix the goon allaying free to mare PEA acting at Receiving PEA in acordeace with BUD potability procedure% t3. &mate ACC. BUD'e con nfr.ueat to make payments for each project min=Whit Edell a separate ACC. • AAUP 3 of 4 oaaPa Mtn 52520 11 (.TarmAry 1401 - ti I • 1.5 CACC. A. The CACC oarmiabs of Ode CACC Part I Cincluding Exhibits Iawl it) and the fora ACC Part I[ geae4 by BUD for the licneing Certierate Props* aid Bong Vcricher Program, designets3 ae fat's BUD 52520 Er and dated June 1895. items documents osnistinte the whole CACC for the Program. B. This CACC swamies amy. previous Annual Ombitutions Contort for the povjects or Program. Natters relating to cpenstics of the projects or Prowess under a previous Annual C..o a 'a e • Contout ai}eaE.be gummed Weds CACC. • Igigmtnreet PUBLIC HOUSING AGENCY ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT • Name of PaA _. By M3gnature Date signed . Print or type name and official title of signatory UNITED STATES OF AKERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT BF Signature Date signed Per t cr type crane andl title of s mttcry • Page 4 of 4 pages FEUD 52520 D (January 1989) � i 7 ACC Past INumbers A-2903- V EXHIBTr x PROJECT CONTRACT FIRST DATE LAST DATE NUMBER AUTHORITY (4? OF TERM OP TERM NC19-V104-001 $ 33,601.00 11/30/87 11/29/92 NC19-V104-002 $100,803.00 11/30/87 11/29/92 UD STATES OF AMERICA SECRETARY OP HOUSING AND URBAN DEVELOPMENT i Date sigma Page of - pages BUD 52520 D (September 1988) gs .,. . �. .. 8 ACC Part I Numbers A-2903- V EXB EIT II PROJECT CONTRACT FIRST DATE LAM' DATE NUMBER AUTHORITY (0) OF TERM - OF TERM • NC19-9104-003 $85,764 • ON BD STATES OF AMERICA SECRETARY OF BOUSOTG AND URBAN DEVELOPMENT Date s gn Page of pages HUD 52520 D (September 1988) • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agend Item No F- ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 1989 SUBJECT: Budget Ordinance Amendment #8 DEPARTMENT: Finance PUBLIC HEARING YES: NO: X ATTACHMENT(S) : Proposed Budget INFORMATION CONTACT: Finance Ordinance Amendment TELEPHONE NUMBER - Hilisborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To approve proposed budget ordinance amendments. BACKGROUND: (1) The Town of Chapel Hill has called for a special bond election on May 2, 1989. This was unanticipated by the Orange County Board of Elections during current year budget planning and as a result, was not budgeted. However, the Town will reimburse the County for the cost of the election. This amendment will increase the Board of Elections budget and increase appropriate revenues. (2) The Orange County Health Department has been awarded additional State funds. The programs that this will benefit include Maternal Health ($3,118) , AIDS Testing ($22,500) and AIDS Education ($24,744) . These contract amendments were approved by the Boards of Commissioners on November 23, 1988. No County funds are required. (3) On February 21, 1989, the Board of Commissioners approved a budget amendment to accept CBA expansion funds. Due to a typographical error, expansion funds were approved for $3,000 instead of the actual amount of $3,200. This technical amendment will bring the amount to $3,200. RECOMMENDATION: Approve amendments to the 1988-89 Budget Ordinance by the proposed amendments. .t.,. ORANGE COUNTY PROPOSED 1988-89 BUDGET AMENDMENTS 2 The 1988-89 Orange County Budget Ordinance, as amended, is hereby amended as follows: BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT GENERAL FUND Source: Charges for Services $1,271,977 $10,500 $ 1,282,477 Appropriation: Community Maintenance 541,125 10,500 551,625 To budget for special bond election. GENERAL FUND Source: Intergovernmental Revenue $4,809,886 50,362 $ 4,860,248 Appropriation: Human Services 7,951,409 50,362 8,001,771 To budget for additional State grants for the Health Department. ' GENERAL FUND Source: Intergovernmental Revenue $4,860,248 200 4,860,448 Appropriation: Contributions to Outside Agencies 1,692,051 200 1,692,251 To make technical correction to Budget Amendment #6. BUDGET AMENDMENT NUMBER: 8 fl- v -u,,- - 1 • • •ORANGE COUNTY BOARD. OF COMMISSIONERS • • • Action Agenda • .• • • Item No. f-5 • ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, . 1989 • • SUBJECT: . • ••• CSE ATTORNEY CONTRACT • . • • DEPARTMENT: Child Support Enf. PUBLIC HEARING 'YES: NO:xxx • ATTACHMENT(S) : INFORMAT/ON. CONTACT: Janet Sparks • • • CONTRACT TELEPHONE NUMBER- EXT. 484 Hillsborough 732-8181 ' Chapel Hill 968-4501 • Mebane - 227-2031 Durham. - 688-7331 PURPOSE: • • To provide legal representation for the Child Support Office through a contract with Coleman, Bernholz, Dickerson; Bernholz, Gledhill and Hargrave, Attorneys at Law. • BACKGROUND: Certain functions essential to the IVD program can be performed only by an attorney. • Orange County will continue to be in compliance with NC law and Federal regulations. RECOMMENDATION(S) : Approve contract as presented and authorize Chair to sign. • . • 2 STATE OF NORTH CAROLINA ) CONTRACT OF EMPLOYMENT COUNTY OF ORANGE THIS CONTRACT made and entered into this the 1st day of July, 1989, by and between Orange County, hereinafter County, and Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave hereinafter Attorneys. • WITNESSETH: 1.• THAT WHEREAS, the County desires to employ Attorneys as its counselors at law for the County, of Orange upon the following terms: 1. This Contract shall begin July 1 , 1989 and unless sooner terminated by 30 days' notice of either party E shall exist and continue through June 30, 1990. 2. Attorneys, upon reasonable notice, are to be available for consultation, legal advice and for representation as requested by the Child Support Enforcement Agency on all legal matters arising from the duties of County under Article 9 of Chapter 110 of the North Carolina General ta Statutes, Title IV-D of the Social Security Act and the federal regulations lawfully promulgated pursuant thereto. 0 • 3. Recognizing that from time to time representation of County by Attorneys may result in a conflict of interest for the Attorneys, it is agreed that when such a conflict arises, the Attorneys may refer cases. requiring legal services to other lawyers in Orange County. • • *•** - • 3 Such referrals shall be with the consent, and approval of the County Manager. In all cases of referrals, the attorney to which the case is referred shall be compensated in the same manner as specified in paragraph 5 below, and shall keep an itemized record of work performed by County on a case-by--case basis , submitting a bill therefor showing a breakdown of services performed on a case-by-case basis as specified in 1 paragraph 5. In the event such an attorney is awarded cp. counsel fees by the Court in this regard, an accounting shall p be jade to County in the same manner as provided for in ‹ a i paragraph 5 below. ‹ 4. Attorneys agree to comply with all the requirements of Article 9 of Chapter 110 of the North 0 Carolina General Statutes, Title IV-D of the Social Security' 5 Act and the regulations promulgated pursuant thereto relating to the performance of program legal services including, but 0 g not limited to, maintaining such records as are required by d County, to make said reports available for federal or state • I audit, if required, and to make financial, statistical, and e6 g program progress reports as are required. 0 0 5. For their services under this contract, County agrees to pay Attorneys Sixty and No/100 Dollars ($60.00) per hour for each hour spent by them providing legal services under the Child Support Enforcement. Program. Such hourly rate shall encompass all expenses, .including 'but not limited to, those for salary, , supplies, office space, heating and • • YV 4 maintenance for office space, telephone service , long- distance telephone calls, and travel. Attorneys are not to be reimbursed for any extraordinary expense incident to performing the services included under this agreement ; except, that County agrees to pay all court costs and filing fees which are required to be paid in conjunction with services provided by the attorneys under this agreement. 6. Attorneys further agree to attend at least one regional training session on Child Support Enforcement per year conducted by the State Child Support Enforcement Agency. Reimbursement shall be made based upon the hourly rate but • not to exceed a maximum of $200 .00 for the full, two-day 1/41 session or $100 for each day attended or such amount as set • by the State Child Support Enforcement Agency. With the • prior approval of the Orange County Child Support Enforcement • Director, Attorneys may attend training functions other than 0 those conducted by the State Child Support Enforcement 4 Agency. If attendance is approved, Attorneys shall be reimbursed for travel and per diem at the prevailing Orange County rate. Attorneys shall not be reimbursed at the hourly 8 rate for attendance at any such non-State Child Support Enforcement Agency training function. IN TESTIMONY WHEREOF, said parties have executed this contract in triplicate originals,, one of which is to be retained by County, one of which is to be retained by Attorneys, and one of which is to be filed with the Child 3 .. . p 5 Support Enforcement Section, Division of Social Services of the Department of Human Resources, Raleigh, North Carolina. COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE By: Geoffrey E. Gledhill • ORANGE COUNTY, NORTH CAROLINA By: A Moses Carey, Jr. , Chair ATTEST; 5 ca Beverly Blythe 4 Clerk to the Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. • Orange County Finance Officer I , -.t CONTRACT OF EMPLOYMENT STATE OF NORTH CAROLINA COUNTY OF ORANGE THIS CONTRACT made and entered into this the 1st day of July, 1989, by and between Orange County, hereinafter County, and Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Harqrave hereinafter Attorneys . W I T N E S S E T H: THAT WHEREAS, the County desires to employ Attorneys as its counselors at law for the County of Orange upon the following terms: • This Contract shall begin July. 1 , 1989 and unless sooner terminated by 30 days' notice of either party i shall exist and continue through June 30 , 1990 . . 2. Attorneys , upon reasonable notice, are to be available for consultation, legal advice and for 0 representation as requested by the Child Support Enforcement R Agency on all legal matters arising from the duties of County i under Article 9 of Chapter 110 of the North Carolina General Statutes, Title IV-D of the Social Security Act and the ts federal regulations lawfully promulgated pursuant thereto. 3 . Recognizing that from time to time representation of County by Attorneys may result in a conflict of interest for the Attorneys , it is agreed that when such a conflict arises, the Attorneys may refer cases requiring legal services to other lawyers in Orange County. 1 Support Enforcement Section, Division of Social Services of the Department of Human Resources, Raleigh, North Carolina. COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE By vwt.tiligiterliiii Afial MAIM -of-ril, G -dhill 0' , GE CO'i T NORTH CAROLINA By:C-144.Us/ fAl Moses Carey, Jr. , Ch. , ATTEST: a to Beverly B Aithe t4.1 Clerk to the Board of Commissioners 0 0 0 This instrument has been preaudited in the manner g required by the Local Government Budget and Fiscal Control m Act. 0 x Orange County Finance Officer 0 0 4 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-Lo ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 18, 1989 SUBJECT: TRANSFER OF CONGREGATE NUTRITION MEAL ALLOCATIONS DEPARTMENT: MANAGER PUBLIC HEARING YES: NO: X ATTACOMENT(5): INFORMATION CONTACT: MANAGER'S OFFICE X501 TELEPHONE NUMBER- Hillsborough 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To transfer Congregate Nutrition Meals allocations from Orange County to Chatham County. BACKGROUND: The Orange County Aging Board at its April 13, 1989 meeting recommended that the Commissioners transfer 5,980 under-served Congregate meals to Chatham County. The Congregate Nutrition Meals Program is administrated by Joint Orange Chatham Community Action Agency. Both Orange and Chatham Counties receive meal allocations through Triangle J Council of Governments. Chatham County's meal allocation for 1987-88 did not increase over the previous fiscal year; however, Orange County's allocation increased. Additionally, JOCCA opened a new nutrition site in Chatham County. The transfer of allocations would not affect Orange County's current operation or future allocations. JOCCA projections include 5,980 Orange County meals will remain unnerved at the end of the fiscal year. Rather than relinquish Orange County's unused meals allocation to the State at June 30, 1989, JOCCA would prefer the transfer to Chatham County where meal allocations are projected to be depleted before June 30. RECdDATION(S): Endorse the transfer 5,980 Congregate Nutrition Meals allocations to Chatham County from Orange County. r, BOARD OF COMMISSIONnww Acton Agenda Ve=iltn ITEM1.1rZa i Item #....E:....1.._ SUB • aecT. PETITION FOR ADDITION - ROAD IN WILLOW RIDGE SUBDIVISION Yes It__No •••■■■■••■••■•••••■... •■■■■•• J, PUBLIC BEARING 4146,s ATTACBMENT(S) : INFORMATION CONTACT; Eddie 'ark a E.M. CO' TO. Letter of 3/27/89 Secondary Road Addition Report 'IgR----.'P------------r":"-------P-TELEPlioNEtnn Hillsborough - 732-8181 A Durham - 688-7331 - Mebane - 227-2031 S14 Chapel Hill - 967-9251 pea: PURPOSE: To consider a petition from NCDOT for approval of the addition of a road in Willow Ridge Subdivision to the Illtrec State-maintained Secondary Road System. S ..- ubal BACKGROUND: The North Carolina Department of Transportation has Ba, - - e,c1 c submitted 'a petition for the addition of Horseshoe Circle in Willow Ridge 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 Secondary Road System. z a. RECOMMENDATION: The Administration recommends approval of the addition of Horseshoe Circle in Willow Ridge Subdivision to the State-maintained Secondary Road System. ../ i 1 File: 0-88-67 3 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT County Orange Co. File No. Date • Township Eno Div. File No. Local Name Horseshoe Circle Subdivision Name willow Ridge -;.Length 0.32 Width . 16' Type ABC Condition Fair Is this a subdivision street subject to the construction requirements for such • streets? No Recorded 10-05-71 Book 19 Page 52 • Is this a subdivision.street subject to participation paving? Yes Number of homes having entrances into road 7 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? Is the County Commissioners' Approval (SR-2) attached? If not, why? Does the road meet present minimum Division of Highways construction requirements? No 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 $ 2,500.00 Grade, drain, stabilize $ 1,500.00 , Drainage $ , Other $1,000.00 . Remarks and Recommendations Recommend Addition and expenditure of $2,500.00 to upgrade to minimum standards. 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' • ' - „ ' • .. -- •- • . . • -. • • • • . . , . . . - • - • • - • . • . • • • •.• -. — -- . • • - • . • 1 •k - ,. . • , • . • *- • • . -• . .- . . .. .-•-• .• ••• ..... .. - _.-, . . . • . •,......: • 73, ,....,,,,... .:, " - - • _ - --- .- • .,_ . ... , ---•• - • i —_____,_7___,_ • .. • .• . - ' . •,,• . .. . -. ''••• • .•,, -- . • -•:.* .. _ . • . . , • .__.'..__.. . . ' • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action A each Item No.�-1 ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 18, 1989 SECT: SELECTION FOR RESERVOIR SITE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: MO: X ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 RESERVOIR COMPARISON CHART TELEPHONE WEBER- _ 7 a-8181 CHRIS BEST'S QUESTIONS Hillsborough Chapel Hill - 968-4501 Mebane - 227--2031 Durham - 688-7331 PURPOSE: To select a site within the Eno River Basin for a raw water reservoir serving Northern Orange County. BACKGROUND: Over the past two years, studies have been undertaken of the Eno River Basin to determine the best sites within the Eno River Basin for a raw water reservoir serving Northern Orange County. The study and site selection process have involved various committees, professional engineering consultants, public hearings, meetings, etc. The County Commissioners set as198 their To goal to begin the land acquisition process by December, meet that goal , the selection of a site must occur either now or in the very near future. RECOMMENDATION(S) : The Manager recommends that the Board of Commissioners select a reservoir site and instruct management to proceed with the determining the following: A. Financial Planning 1 . Determine the varying affects of costs of different types of dam construction on water rate structure 2. Determine sources of funding for reservoir development and construction B. Development/Construction Planning 1 . 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S M • r- C41 04 = 3 .... • • • • • . . • • 4=1 ...4 . • La •-• c..4 01 or LA •A• r-co ON V-- •-.v-.... .4 c- Or 1 . 1 4 QUESTIONS �TCHRIS �IRBEST ��ASKED �G �LDEONOAPRILg3�OMld893IONERB 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, i.e. , instream flow, 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 "Effects ream Flow and entitled Effects of High Runoff on Instream in the Seven Mile Creek Basis." Have the Qu Y Commissioners seen this and discussed it? 5. Discuss the cost difference in gallons produced. . Some figures show as such 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. FILE: RESVOR6.DOC 4/11/89 • • CHOOSING THE SEVENMILE CREEK SITE After more than two years of detailed study and public debate, the Orange County Board of Commissioners will vote tonight on a site for a new resevoir. I intend to vote in favor of a location on Seven- mile Creek, and I am hopeful that the- other commissioners are of a similar mind. My own decision has involved considerations of many types, as our action will have important consequences for the citizens of this region for many years. In general, it may be said that my preference for this site derives from its compatibility with other needs and values of the community. Although there is a clear and pressing need for an adequate supply of clean water in the upper Eno basin, it is important to me that the • means by which it is procured be consistent with larger goals for the quality of life developing in this area. It is my conclusion that the site on Sevenmile Creek will meet our needs while exacting smaller economic, environmental and cultural costs than other alternatives. In support of this view, I offer the following observations: 1. The reservoir is smaller than other alternatives proposed. It floods fewer acres, destroys less natural habitat, ruins the plans of fewer families and costs less money to build. •• 2. The drainage basin is also smaller and therefore can be more easily and economically protected. Most of the adjoining lands are now •• . heavily forested so that sedimentation and agricultural drainage are less problematic than in other locations. The most serious threat to water quality at this site is posed by two rills which drain from the Interstate highways. A reservoir designed for this location can and should be engineered to intercept these point sources of pollu- tion. 3. No residences or historic structures would be flooded. It is nearly impossible to find 500+ acres anywhere in Orange County which meets this test today, and surely the condition will not long per- • •"4.4- •• • slat. For this reason it seems to me imperative that the land be •:••:t:2••••'.- purchased as soon a possible. - .-; . • .. 4. No highways or major utility lines would need to be closed or relo- - Gated. One bridge on a public road (where Mt. Willing Rd. crosses Sevenmile Creek) would need to be raised. • • • ' . 5. The County already owns 160 acres at this site, purchased for this purpose in the early 1970's. The residents of the area, though not • necessarily joyous about it, have long been prepared for an eventual reservoir in this location. 1 If 6. Although small in comparison to Cane Creek Reservoir or other recent engineering marvels, the Sevenmil.e site will meet the needs of the upper Eno basin for many years to come. It will allow us to more than double the minimum flow in the Eno River during dry times, while providing a 20-year safe yield of 4.9 million gallons per day for consumptive use. Under all but the most frightening population projections, this would raise the available water supply in the basin to a level sufficient to meet the needs through the year 2025. //adtae. 1 - . ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 18, 1989 Action A enda Item # SUBJECT: NCDOT TRANSPORTATION IMPROVEMENT PROGRAM DEPARTMENT: PLANNING PUBLIC HEARING Yes _x NO ATTACHMENT(S) : INFORMATION CONTACT: Gene Bell Chapel Hill Request Carrboro Request Dept. on Aging Letter TELEPHONE NUMBERS: TIP Hearing Schedule Hillsborough - 732-8181 Position Statement Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider endorsement of proposed transportation system improvement requests by the Towns of Chapel Hill, Carrboro, and the Orange County Department on Aging and to authorize the Chair of the Board to support the requests before the North Carolina Board of Transportation. The Town of Hillsborough does not wish to have its request included. BACKGROUND: The N.C. Board of Transportation adopts annually a a multi-year Transportation Improvement Program (TIP) outlining needed transportation improvements and the method and schedule for funding such projects. Prior to adopting the Program, the Board of Transportation conducts a series of meetings around the state to obtain advice from local officials and citizens on needed improvements. A public hearing will be held May 1, in Reidsville for officials and citizens in District 7, the district in which Orange County is located. The hearing will be held at the Penn House, 324 Maple Avenue, with registration beginning at 1:00 pm. Representatives from each of the municipalities will be presenting their requests for highway improvements to the Board of Transportation. Each year, the Chair of the Board of Commissioners has attended the hearing and spoken in support of each municipality's request as well as other needs which Commissioners have identified. 4 2 A coordinated effort to support projects within Orange County increases the likelihood of specific projects being included in the TIP, particularly when improvement needs are great and funding sources limited. RECOMMENDATION: Authorize Commission Chair or designee to attend . Transportation Improvements Program hearing and speak in support of improvement needs identified by municipalities as well as those identified by the County. DK6:TIP89.DOC 3 To: Mayor and Council From: David R. Taylor, Town Manager Subject: 1989-90 Chapel Hill Transportation Improvement Program Date: March 27, 1989 The attached resolutions would approve the proposed 1989-90 Town of Chapel ai 1111 Thoghfaream�lic Transit and Bicycle Transportation Improvement INTRODUCTION Attached is the recommended list of thoroughfare and bicycle projects for Chapel Hill to be included in the State Transportation Improvement Program (TIP) . The priority ranking that we propose is based on previous requests made to the State, as well as our analysis of local transportation needs. Also attached is the recommended transit element to the TIP. The two resolutions included in the packet would approve the thoroughfare/bicycle element and transit element as proposed. THOROUGHFARE PROGRAM The North Carolina Board of Transportation will hold public hearings during May and June to gather information on State-wide transportation needs. Information presented at these hearings will be used to update the State's 10-year Transportation Improvement Program which allocates federal and State funds for transportation projects State-wide. All of the projects listed in the 1989-90 element are consistent with the Town's adopted Thoroughfare Plan. The program of thoroughfare improvements included for your approval is identical to the program approved by the Council last year. Nothing listed in the 1988-89 program has been completed. Revisions to the adopted Chapel Hill-Carrboro Thoroughfare Plan have been proposed. At such time as any of those chgesre adopted by the Council they will be considered for incorporation into future TIP requests. The requests for roadway improvements are grouped by three federal funding sources and the Transportation System Management (TSM) category. Federal-Aid Primary routes are major State-maintained roads within Chapel Hill limits. 4 Federal-Aid Secondary routes include major State-maintained roads outside of the Town limits. Federal-Aid Urban funds can be used to improve major roads within the municipality which are not included on the regular Federal-Aid system. TSM projects are usually smaller in scope and involve limited improvements that have a significant effect on traffic flow and efficiency. BICYCLE PROGRAM Also included is a listing of bikeways projects proposed for State funding. These projects are consistant with the Bikeways Plan included in the proposed Town Transportation Report and reflect discussions with local bicycling groups. Requests for bikeways improvements along roadways already scheduled for upgrading, listed as incidential projects, are necessary to ensure that additional funds are made available when the road improvements are funded. The State has agreed to fund bikeway improvements along Weaver Dairy Road, from Airport Road to Erwin Road and to construct a bike path along the Bolin Creek greenway. This bikepath would be adjacent to the proposed greenway, extending from Airport Road to Plant Road along Bolin Creek. PUBLIC TRANSPORTATION In order to receive federal Urban Mass Transportation Administration (UMTA) funding Chapel Hill must submit its annual transit element to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee for approval. The approval of the Town's annual element by the TAC must preceed the submission of any grant applications to UMTA. This transit element is a companion to the thoroughfare priority listing. UMTA has established new deadlines for submitting TIP material for review prior to grant funding. This new schedule has required an accelerated process by the Town to review and approve its annual element in order to submit grant applications by July 1, 1989. This annual element includes all transit planning activities, capital purchases and the operating budget for the 1989-90 fiscal year, which we expect to be included in the Manager's Recommended Budget. Negotiations are currently in progress with the Town of Carborro and the University of North Carolina regarding service levels for the coming year. Although we expect that there will be some modifications to their service for next year these changes 5 should not significantly affect the Chapel Hill service level or budget. If the program level or funding amount in the final adopted budget is changed significantly, then we would amend this annual planning element accordingly. RECOMMENDATIONS Managers Recommendation: That the Council adopt the attached resolutions approving the Thoroughfare/Bikeways and Transit elements of the 1989-90 Transportation Improvements Program as proposed. Transportation Board: That the Council adopt the proposed Thoroughfare/Bikeways and Transit elements of the 1989-90 TIP. Planning Board: That the Council adopt the proposed Thorough- fare/Bikeways and Transit elements of the 1989-90 TIP with the following change: -That the Pittsboro Street Extension be deleted from the TIP listing. .011.11•1■1101011111111101311 6 CHAPEL HILL TRANSPORTATION IMPROVEMENT PROGRAM PUBLIC TRANSPORTATION ANNUAL ELEMENT FY 89-90 The following annual element of the Transportation Improvement Program shows items included in the Chapel Hill Transportation and Planning budgets as recommended for FY 89-90. Elements of the Town's Capital Improvement Program also are included. Local budget figures shown in this document are now under consideration by and are subject to approval by the Chapel Hill Town Council. I. Transit Projects Transit projects fall into three categories: planning, capital and operations. These categories are described below and their costs are listed in Tables A and B. A. Planning., The Town proposes using UMTA Section 9 funds for routine transit planning activies as described in the urban area's Unified Planning Work Program. Planning activities are included in Table A-1. B. Capital. There are several capital needs anticipated for funding during FY 89-90 under the UMTA Section 9 Capital category, listed in Table A-1. Associated Capital Maintenance items will provide for the continued maintenance of the transit fleet. The purchase of 14 buses, (5 replacement and 9 new) , will replace older equipment and allow Chapel Hill Transit to continue to expand service in response to increased ridership demand. The total bus fleet will increase to 52 with the addition of these .vehicles. (See Chapel Hill 1987-1993 Short Range Transit Plan) Also included in the capital program is the construction of a park and ride facility in conjunction with the development of the Town's Southern Park. This park and ride lot is anticipated to accommodate approximately 500 vehicles. Continued traffic congestion along the 15-501 corridor and in the Town Center/University area has created the need for increased transit service in this corridor. The 10% local share for this project is expected to be provided through the value of the the land. Capital maintenance items included in this capital program will allow for repair of the existing fleet, including replacement of major bus components. 7 Architectual and engineering design for the anticipated expansion of the transit maintenance facility has also been included in this program. The current maintenance facility was designed to accommodate 50 transit vehicles. The projected growth of the Chapel Hill Transit fleet to 56 buses in 1990 and 65 buses by 1992 requires the expansion of this facility. The cost for these items is shown in table A-1. Funding has also been requested for the purchase of equipment for transit operations. Radios, office equipment and schedule display tubes are included. Purchase of shop equipment includes a personnel lift and rivet machine necessary for continuing maintenance. Maintenance facility renovations involve the improvement of the ventilation system. Table A-2 lists anticipated capital and planning budgets for FY 1990-91 and 1991-92. These programs are subject to future revision. C. Operations. Chapel Hill Transit currently operates 15 transit routes, providing annual fixed route service to nearly 2 million riders. In addition, the regular fixed route service is supplemented with demand responsive services. Through the first seven months of the 1988-89 service period, fixed route transit ridership has increased 12.8% over the same period last year, while total ridership has increased 7.4%. Some minor adjustments to routes and schedules due to changes in passenger demand are anticipated for the 1989-90 service period. Modification of existing University routes is anticipated to increase service levels and provide service to University park and ride lots along Estes Drive. Some additional service is anticipated along existing Town routes, including service to the NC 54 park and ride lot upon its completion and the operation of a Downtown Trolley Shuttle. No increase is being recommended for regular fare or pass prices in the coming year. Current fare and pass prices s are shown below: 8 • Current Bus Fares Rates Adult (Peak/Offpeak) $.50 Youth & Senior (Peak/Offpeak) .25 Bus Pass Prices 12 month $135.00 9 month 109.75 6 month 78.75 3 month 42.25 40 ride pass 17.00 Youth, Senior (including any holder of a Medicare card) and handicapped passes are 50% of the above rates. E-Z Rider fares equal the respective adult fares. (E-Z Rider provides demand-responsive service to persons who are unable to use the fixed route service.) II. Private Sector Participation Chapel Hill Transit currently contracts with the private sector for the provision of shared ride taxi service throughout the Chapel Hill Transit Service area. This arrangement is expected to continue in the coming service year. Chapel Hill Transit provided an opportunity for the private sector to submit proposals to operate portions of service expansions and additions included in the 1988-89 service schedule. After review of the proposals submitted, it was determined that the new and expanded service would be most efficiently provided by Chapel Hill Transit. The review of these proposals included evaluation of the cost of the proposed service, assessment of the contractors, ability to met specific critera regarding equipment and maintenance and ability of the contractor to provide a quality of service comparable with existing service. As Chapel Hill Transit considers any modifications of existing routes or additional transit service for the 1989-90 service period, the ability of the private sector to provide all or a portion of the proposed service will be evaluated. During the 1988-89 service period Chapel Hill Transit received no formal complaints from the private sector. 9 III. Financial Capacity Chapel Hill Transit is operated through a department within the Town of Chapel Hill. Funds used by the transit system are segregated and accounted for as a seperate fund from the general operating fund of the Town. The Town's FY 1988 financial audit shows that the Transportation fund is in good financial condition. The balance sheet, (Attachment 1) shows a strong cash position, high working capital ratios and low long term debt. current assests of $1,233,472 exceed current liabilities of $124,032 by $1,109,440. Overall, the Town of Chapel Hill has a strong financial position and has experienced significant growth in its tax base over the past ten years. Chapel Hill Transit relies on a combination of operating and non-operating revenue to fund transit operations. Operating revenue from farebox and pass sales has increased approximately 90% during the period from 1981-82 to 1987-88, from $643,687 to $1,035,708. Non-operating,revenue include ad-valorem taxes dedicated to transit service in Chapel Hill and Carrboro, funds from the University of North Carolina and federal transit operating assistance. Attachment 2 compares the transit system's expenditures and revenues over the past several years and provides the revenue cost ratio between total expenditures and operating revenue. In FY 1987-88 the Town recovered 34% of expenditures from operating revenues. In the past two years there has been an upturn in the revenue cost ratio. This increase has been the result of expanded ridership and increased revenues from special events park and ride service. At this time fare prices are expected to remain at current levels. There is strong local support for the Chapel Hill Transit system. The Town's local share comes from a special ad-valorem property tax, approved in 1974, which allows up to $.10/$100 valuation of property for suppport of transit operations. The current levy is 3.0 cents, although this assessment could be raised to the full 10 cents if conditions warranted. There is no expiration on this taxing aurthority. In FY 1986/87 an additional 1.5 cents levy was used to collect funds for a transit reserve account to provide for future capital needs and as a cushion against operating deficits. Additionally, the Transportation Fund had a undesignated fund balance which has increased over the past several years, amounting to $501,159 for the year ending June 30, 1988. This will be used as local match for future capital grants. It also provides a cash-flow reserve for routine operating costs. The University of North Carolina and Town of Carrboro also provide local funds for the operation of the transit system. 10 The amount paid by each is determined annually by a formula which allocates systemwidenet costs by juridiction of boardings and the type of fare paid. Contracts are negotiated annually with each jurisdiction and reflect any changes in service requested by that jurisdiction. "Memorandums of Understanding" were signed by the University in 1985 and Carrboro in 1987 with the Town of Chapel Hill, expressing their commitment to continued support of the transit system and indicating their willingness to provide funding for future transit services. These memorandums cover a five year period. The University sells passes to faculty, staff and students under their contract. Revenues from the sale of passes to these individuals is reported as system operating revenue. Their payment for the allocated net cost for transit service comes from internal University funds. Carrboro began purchasing transit service in FY 1977/78 with federal revenue sharing funds. In 1980, Carrboro voters approved a $.10/$100 valuation ad-valorum property tax dedicated to funding transit services. The current levy in Carrboro is 3.4 cents, with no increase anticipated in the coming fiscal year. The FY 1989/90 Chapel Hill Transit operating budget, with total expenses of $3,897,667, is anticipated to be funded through $1,042,533 in operating revenue, $1,427,533 in Urban Mass Transportation Administration Section 9 funds, and $1,427,534 in local revenue. (Table B-1) Local contributions from the Town of Chapel Hill for capital and planning projects will come from the Transportation captial reserve fund balance. Table B-2 projects anticipated Chapel Hill revenues and expenditures for FY 1990-91. Long range forecasting of operating, capital and planning funding needs is done through several documents within the Town. Five year projections of funding needs are prepared annually for submission to the NC Department of Transportation Public, Transportation Division. The Town also prepares an annual element to its Capital Improvement Program which includes all transit capital projects and forecasts additional capital needs for a five year period, This document is reviewed and approved by the Town Council. The 1987-1993 Chapel Hill Transit Short Range Transit Plan was approved in 1988 by the Town's Transportation Board. This Plan provides an assessment of current service and anticipated funding, capital and service needs for a five year period. Also currently under review by the Town is the Transportation Report to the Town's Comprehensive Plan. This • report discusses possible service and capital improvements for a 15 to 20 year period. The recommendations included in the SRTP have been incoporporated into the Town's Capital Improvement Program and Comprehensive Plan. U Annual updates to the approved SRTP will be prepared and will reflect changes in those capital and operating projections previously anticipated. I i 1 1 12 TABLE A-1 TRANSIT CAPITAL AND PLANNING ACTIVITIES FY 89-90 UMTA Project Description Local State Federal Funding Total 1 Transit Planning 8,535 8,534 68,276 Sec.9 85,345 2 Associated Capital Maintenance Items 14,041 4,041 112,328 Sec.9 140,410 3 Architect/Engineering Design: Southern Park and Ride 6,000 6,000 48,000 Sec.9 60,000 4 Construction of Southern Park and Ride Facility 78,000* 78,000 624,000 Sec.9 780,000 5 Purchase of Vehicles 275,040 275,040 2,200,320 Sec.9 2,750,400 I 6 Architect/Engineering Maintenance Expans. 6,000 6,000 48,000 Sec.9 60,000 7 Transit Equipment: Operations 1,770 1,770 14,160 Sec.9 17,700 8. Transit Equipment: Maintenance 700 700 5,600 Sec.9 7,000 9. Maintenance Facility Renovation 400 400 3,200 Sec.9 4,000 TOTAL *390,486 390,485 3,123,884 3,904,855 *Total includes the value of the land used as local share. t TABLE 8-1 TRANSIT OPERATIONS FY 89-90 Total Operating Expenses * $ 3,897,423 Operating Revenues UNC Passes 510,000 Farebox, Town Passes, Misc. 551,500 Total Operating Revenues 1,061,500 Operating Deficit Local 1,417,962 State 0 Federal (UMTA Sec. 9) 1,417,961 Total Deficit 2,853,923 Total Revenues 3,897,423 *Eligible for federal assistance hm TABLE 8-2 TRANSIT OPERATIONS PROJECTED FY 90-91 Total Operating Expenses * $ 4,053,574 Operating Revenues 530,400 UNC Passes Farebox, Town Passes, 553,904 Misc Total Operating Revenues 1,084,304 Operating Deficit 1,484,636 Local 0 State 1,484,635 Federal (UMTA Sec. 9) Total Deficit 2,969,271 Total Revenues 4,053,574 *Eligible for federal assistance H . 15 TABLE A-2 TRANSIT CAPITAL AND PLANNING ACTIVITIES PROJECTED Protect Description 1990-91 1991-92 1 Transit Planning 88,750 92,300 2 Associated Capital Maintenance Items 100,000 3 Architect/Engineering Design: NC 86 Park and Ride 62,500 4 Construction of NC 86 Park and Ride Facility 844,000 5 Purchase of Vehicles 40,000 •6 Construction of Maintenance Expansion. 940,000 TOTAL 1,091,250 1,076,300 16 A RESOLUTION AUTHORIZING SUBMISSION OF THE TOWN OF CHAPEL HILLS ANNUAL TRANSIT ELEMENT TO THE DURHAM-CHAPEL RILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE FOR INCLUSION IN THE TRANSPORTATION IMPROVEMENT PROGRAM. WHEREAS, the Town of Chapel Hill is required to submit an annual transit element to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee; and WHEREAS, the Town of Chapel Hill's annual element will be included in the regional Transportation Improvement Program; NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby requests that the Transportation Advisory Board includes the attached Chapel Hill annual transit element to the Transportation Improvement Program for the Durham-Chapel Hill-Carrboro Urban Area. 17 A RESOLUTION AUTHORIZING IOF TRANSPORTATION FOR THE NORTH HILL L TO THE NORTH CAROLINA BOARD CAROLINA TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, it is the policy of the Town of Chapel Hill to develop a system of major thoroughfares which will provide access to and between major neighborhood centers and which will be integrated with inter-city movements; and WHEREAS, it is the policy of the Town of Chapel Hill to discourage through traffic on residential streets; NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby requests the North Carolina Board of include to nclude the following road improvements in the State's Transportation Program; A. Federal-Aid Primary Funding 1. Widen U.S. 15-501 from U.S. 15-501 Bypass to the Chatham County line to a median-divided four lane cross-section; 2. Improve U.S. 15-501 intersection with Sage Road and Old Durham/Chapel Hill Road; 3. Widen and improve U.S. 15-501 from Franklin Street to the 1-40 interchange. 4. Improve and extend frontage roads along U.S. 15-501 from Franklin Street to the 1-40 interchange; B. Federal-Aid Secondary Funding 1. Widen N.C. 86 from Homestead Road to the 1-40 interchange to a 5-lane urban cross-section; 2. Build Sage Road Extension from existing Weaver Dairy Road (S.R. 1733) to Erwin Road (S.R. 1734) ; 3. Build Laurel Hill Parkway from U.S. 15-501 to N.C. 54 along new alignment; 4. Widen and improve Mt. Carmel Church Road (S.R. 1008) from U.S. 15-501 to the Chatham County line; C. Federal-Aid Urban Funding 1. Widen existing Sage Road, 2-lane segment north of U.S. 15-501; 2. Widen and improve Weaver Dairy Road from Sage Road Extension to N.C. 86; 3. Widen N.C. 86 from Estes Drive to Homestead Road to a 5-lane urban cross-section; 18 4. Complete the connection of Frances Street from the U.S. 15-501 Bypass via Willow Drive to Ephesus Church Road (S.R. 1742) ; D. Transportation System Management 1. Purchase and install improved traffic signal system. 2. Improve the signalization at Raleigh Street/Country Club. 3. Complete improvements at Dobbins/Erwin intersection. 4. Improve left turn storage at Franklin/Boundary intersection. E. Bikeways Primary Project 1. Estes Drive: Widen shoulders from Airport Road to Caswell. 2. Franklin Street: Widen off-road bikepath, Hillsborough to Plant Road. 3. Us 15-501 South: Widen shoulders from Morgan Creek to Country Line. 4. Old Durham Road: Widen shoulders from Scarlette Road to Pope Road. 5. Erwin Road: Widen shoulders from US 15-501 to Weaver Dairy Road. 6. Umstead Road: Widen shoulders from Airport Road to Estes Drive. 7. Erwin Road: Widen shoulders from Weaver Dairy Road to County Line. II 19 INCIDENTAL PROJECTS 1. South Columbia: Include bikeway in widening project, ByPass to Manning Drive. 2. Airport Road: Include bikeway in widening project, Homestead Road to 1-40. 20 BE IT FURTHER RESOLVED that the Council continues to endorse and support those projects currently programed in the North Carolina Transportation Improvement Program, and asks that funding be accelerated. Those projects include: 1. Widening the U.S. 15-501/N.C. 54 Bypass; 2. Widening S. Columbia Street from Mt. Carmel Church Road/Culbreth Road to Manning Drive from the existing 2-lane section to a 4-lane curb and gutter section; 3. Widen N.C. 86 from I-40 to Homestead Road; 4. Construct bicycle improvements along Weaver Dairy Road between Airport Road (N.C. 86) and Erwin Road and along the Bolin Creek greenway; and 5. Install train gates on Cameron Avenue. BE IT FURTHER RESOLVED that the Council supports the widening and improvement of U.S. 15-501 from the Orange-Chatham County line south to Pittsboro. BE IT FURTHER RESOLVED that the Council hereby requests that the State give the Town an opportunity to request bikeways facilities in conjunction with any future State-supported road improvements programmed in the Town. 21 TOWN OF CARRBORO 1989-1990 TRANSPORTATION IMPROVEMENTS PRG PRIMARY 1.Widen NC 54 to.a four lane boulevard facility from 15-501 to the intersection of NC 54 and Old Fayetteville Road. This project Is currently included In the State TIP as project U-2003.The Town continues its support of this project. URBAN 1.Widen the Mowing streets with curb &gutter and bike lanes: Hillsborough Road from West Main Street to North Greensboro Street West Main Street from Hillsborough Road to NC 54 North Greensboro Street from Estes Drive to Hillsborough Road This project is currently included In the State TIP as project U-2002. The Town continues its support of this project. 2. Widen Smith Level Road to five lanes from NC 54 to Rock Haven Road. 3. Widen Estes Drive to three lanes from the Cariboro Town Lhntts to North Greensboro Street, and Include bike lanes. 4. Widen Jones Ferry Road to five lanes from Old Fayetteville Road to NC 54. 5. Improvement of downtown circulation patterns. 6. Construct a bridge over Morgan Creek on the Old Fayetteville Road Extension as part of the Laurel Hill Parkway and include sidewalks and provisions for bicycle travel. STATE SECONDARY 1. Widen the bridge on Smith Level Road over Morgan Creek to five lanes and include sidewalks and provisions for bicycle travel. This project is currently included In the State 11P as project 9 2158.The Town continues Its support of this project. TRANSPORTATION SYSTEM MANAGEMENT 1. implement the recommendations of the Chapel Hill-Carrboro Signalization Study to purchase and install Improved signal equipment In the two towns. 2. Installation of an actuated signal with pedestrian controls at the intersection of Main Street-Weaver Street-Carr Mill Mali-Roberson Street BICYCLE PROGRAM 1. Include bike lanes on Estee Drive from the Carrboro Town Limits to North Greensboro Street, as an Incidental project,and coordinate fits project with project listed In State TIP for Estee Drive from Airport Road to Town Omits In Chapel Hill 2. Construct a bike path from Jones Ferry Road to Can Street next to the PTA Thrift Shop. t. 22• Mr Wesley Parham March 27, 1989 City of Durham Traffic Engineering Division 101 City Hall Plaza Durham, NC 27701 Dear Mr Parham: The Orange County Coordinated Transportation (C.A.T. ) Program serves seven human service agencies. Those participating agencies are the Orange County Department on Aging, Joint-Orange-Chatham Community Action(SOCCA), Orange- Person-Chatham Mental Health, Orange Enterprises, Cedar Grove Day Care Center, and Wake-Orange-Chatham Headstart Program. The geographic service area is rural Orange County, outside • the Chapel Hill Transit service area. Transportation services are provided Monday through Friday by CAT agencies utilizing lift-equipped vans and minibuses on fixed routes with some demand response medical transportation. The C.A.T. program . . currently has a total of 23 vehicles. Our five year Capital Funding Plan for 1989-1990 has listed four vehicles for application, however due to an omission in the original TOP all backup vehicles were not included. The application for 1988-89 included three backup vehicles but due to an oversight one vehicle was not include. • The application that will be submitted on May 5, 1989 will include that vehicle therefore our CFP will be revised to reflect this addition. Our intent is to apply for four fifteen passenger vans and one lift-equipped van at a total cost of ninety-two thousand dollars ($92,000). Please feel free to contact me at (919) 732-8181 ext 280 if you have further questions. Sincerely, Ada . Passmore Coordinator/Planner cc: Kathy. Lewis TIPREG.DOC 23 ORANGE COUNTY COMMISSIONERS 106 EAsT MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKI011S JOHN HARTWELL SHIRLEY H.MARSHALL DON WILLHOIT STATEMENT TO THE N.C. BOARD OF TRANSPORTATION MAY 1, 1989 There are numerous transportation improvement needs in Orange County. The County is one of the fastest growing counties and the impacts of this growth are resulting in severe deficiencies in our transportation network. To address these deficiencies, Orange County requests that specific projects be included in the ,Transportation Improvement Program. The projects include ;t1i0se listed in each of the attached requests from the. : '. 0unty's local goVernments. The Orange County Board .Of' :',Commissioners endorses those requests- and respectfully asks that each of the projects • be . included in , 1989 Transportation Improvement Program. --- • . . - Submitted this lst dayO4- May, 1989 • . _ ORANGE COUNTY BOA1D;OF40* ISSIONERS By: Moses Carey, Jr. DK6:TIPSTMNT.DOC Y• J 1 ORANGE• BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 18, 1989 SUBJECT: CONSTRIANDSE REQUIRED FOR MPLEMENTATION OF ENO RIVER CAPACITY DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: NO X ATTACHMENT(S) : PRELIMINARY COST INFORMATION. CONTACT: MANAGER'S OFFICE ESTIMATE COUNTY ENGINEER'S REPORT ON NECESSARY IMPROVEMENTS LETTER OF FINANCING TERMS FROM COUNTY MANAGER TO TOWN OF HILLSBOROUGH, PIEDMONT MINERALS, AND ORANGE/ALAMANCE WATER SYSTEMS Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 III Durham - 688-7331 To review the recommendations for necessary construction and equipment, to determine if financial recommendations are acceptable, and to authorize proceeding with the project if proposals are acceptable. BACKGROUND: The County, the Town of Hillsborough, Orange/Alamance Water Systems, and Piedmont Minerals have entered into an agreement with the N.C. Division of Water Resources, whereby the water users have agreed to limit the amount of water they withdraw from the Eno under low flow conditions and whereby the County had agreed to coordinate and monitor these withdrawals. The County Manager's Department has held joint conferences involving all of the concerned parties and has developed a plan for the required monitoring, for construction of the required monitoring facilities and for financing the costs of the required improvements. The improvements include the 2 construction of flow monitoring weirs downstream of Lake Orange, Corporation Lake and Lake Ben Johnson; the installation of water level gages at those lakes; and the installation of additional monitoring equipment at the existing stream flow monitoring station at Hillsborough. The financial plan consists of the County paying for the Lake Orange and Hillsborough monitoring station and construction equipment in total and advancing the funds for construction and equipment at Corporation Lake and Lake Ben Johnson. The advanced funds are to be paid back to the County by Hillsborough, Orange/Alamance and Piedmont Minerals over three years, in three equal yearly payments without interest charges, based on the proportion of the flow that each entity uses. AEpp ATIOM($) : Authorize the implementation of the construction and financial plan as presented. ... .. : . . 3 —.....___, 1-3 r3 tv ri) t"4 VI 73 to) "0 2 0 M • • • 0 0 0 0C P rt` 0 P1 4 (D •-• ■ • PC .-3 1-3 ef cr K. 0 r, 4 ID ..- P 0 0 bo. Do e+ fl) ++, i'":" r+ ta 11 VI .1 MI MI 0 0 t-1 t, 00 rel VI ta 0 ID (D ,i 0 Or'- CA VI Z MI O 0 ID 0 'V 0 Co re- 0 54 Czi O O a.0 Va rr r,-, p) p 0 x at P O 0 10 & 0 "4 HI g P 0 r+ 0 0 0..0..tl) CD C-1 0 th CL) 4 P 0 at 0 0 ....• ••••• 0. 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C 0 i 0 1 -.E.T1 01 1,1 0 1 0 0 I ID 10 0 I 0 0 1 1 I I t i 1 1 ■ I 1 t t 1 t i I f) it 1 , . 0 • II • • I 1 I 1 I I I I • 0 0 0 'C I I 1 1 I I 0 i 0 1 0 0 ■1 0 10 ii KO 1 1Z IfD1 • . I -..........■.-.. .. . . . . . . • C 0 Py 4 INTEROFFICE MOggEggal, TO: John Link, County Manager FROM: Paul Thames, P.E. , County Enginele4c- D/t.TE: December 12, 1988 SUBJECT: Capacity Use Monitoring of Eno River - by Orange County I have visited the three existing impoundment sites on the Eno River upstream of the USGS flow monitoring station in Hillsborough. In general , I find the existing impoundments lacking the capacity for any degree of accuracy in . controlling flows or releases from the impoundments. The lack of control accuracy is particularly distressing in light of the requirements of conserving as much water as possible in the impoundments while maintaining the mandated minimum flow in the Eno at the existing flow monitoring station. The nature of the operation of the Eno system requires a precise knowledge of the exact flows—upstream and downstream of the Lake Ben aohnston Dam, upstream and downstream of the Corporation. Lake Dam, downstream of the , Lake Orange Dam and the daily totalized flow of the existing , flow monitoring station. In the following paragraphs, I have outlined my understanding of the existing control and monitoring system, my recommendations for improving the system and my conclusions regarding Orange County's participation in the monitoring program. In normal drought condition, operation of the Eno River system requires that a minimum flow be .maintained at the existing Eno River flow monitoring station in Hillsborough. Presently, this monitoring station consists of an electronic system with primitive telemetry giving up to the minute flow I . rate data that is instantaneously accessible to Orange County. The system also totalizes the daily flow, but that data is available to Orange County only on a bi-monthly basis. When flows are lower than target minimums at the monitoring station, a quantity of water sufficient to make up the difference between the actual flow and the target minimum flow must be released from the upstream impoundments. The first release must be made from Lake Ben Johnston. This release is replenished by a release from farther upstream at Corporation Lake which is, in turn replenished by a release • from Lake Orange. There are no metering systems at any of the impoundments to measure flows in or out. Releases are . . . . . - . . . . . 5 Mr. Link Page 2 December 12, 1988 accomplished by opening sluice gates contained in outlet or outlet/pumping station structures. There are no metering or measuring devices associated with the gate assemblies. The lack of control accuracy at the three impoundments and the lack ©f an instantly accessible totalized flow measurement at the monitoring station isincompatible with the goal of both maintaining a minimum flow in the Eno and conserving water in the impoundments. Even without adequate metering, it would be easy to maintain a minimum stream flow, . . but this would likely mean maintaining a flow in excess of the minimum required and would be at the expense of conserving water in the impoundments. It would also be easy to conserve the maximum amount of water in the impoundments - but this would entail spotty conformance with the minimum stream flow requirements. The present system of monitoring and releasing impounded water in the Eno renders impossible the simultaneous goals of maintaining minimum stream flow and . conserving water. There are other variables in the operation of the Eno system which adversely affect the monitoring operation. Loses of .. flow in route between reservoirs complicate calculation of the quantity of water which should be released. These loses , .. occur due to the evaporation or groUnd absorption of water and due to the filling of pools and low areas in the stream beds between impoundments. Irregular withdraws of water in Corporation Lake and Lake Ben Johnston can also complicate , adequate flow monitoring in the Eno system. , q If one could assume that the cost of construction and . . I , equipment was no problem and that there would be no ., ob5ection to who was in charge of the control of the 1 q, monitoring and release of water from each portion of the system, the Solution of the monitoring of Eno would be no I 1 . real problem. The flow would be monitored at the existing' , DSGS station with continuous and totalized flow measurement and each impoundment would have continuous and totalized flow • qr monitoring on the upstream and downstream ends and an i automated release system. Each impoundment's flow monitoring .- .:: .1. system and the USGS monitoring station would have a telemetry , - system Which would allow all monitoring and flow control , operations to the handled from a centralized location. This 1 . centralized location would allow total system control by a single operator or ideally by a microprocessor system. . . . . . , . There are alternatives to this type of control system. If a i 1 good deal of coordination can be achieved among the three [ , . H , . .. ., . . • , , . _ . 6 • Mr. Link . • Page 3 December 12, 1988 • operators of the impoundement and monitoring system, the automatic release gate systems, the telemetry system at each monitoring system and the upstream flow monitoring at each impoundment could be eliminated. The metering of flow release at each impoundment and the totalized flow metering at the existing flow monitoring station are essential and cannot be eliminated. Operation of the Eno system would then involve the close cooperation of Orange County, the Hillsborough water system and the Orange Alamance System. Each impoundment would keep a release gate partially opened as required to release the minimum flow which would be visually/manually monitored at each downstream metering station. _ The totalized flow would monitored at the existing monitoringstation. Any shortfall at this station would be compensated for when it was discovered. The advantages to this system are twofold: 1 ) each impoundment owner would control its own impoundments releases and 2) the associated . costs of construction and system upkeep would be drastically reduced. The disadvantages to this type of system would be threefold: 1 ) coordination would need to be nearly perfect with instantaneous compliance to release requirements 2) two men in radio contact would be required for each release adjustment at each impoundment in with several adjustments being required in each 24 hour period and 3) accurate flow rate reading just upstream of Corporation Lake and Lake Ben aohnston would mean that flow from the additional tributary areas for each lake would not be accounted. for, possibly resulting in excess flow releases from Corporation Lake and Lake Orange. • The monitoring program for the Eno River is an important , . responsibility for Orange County, but it is a responsibility , . that carries few rewards and many liabilities. Without the minimum levels of system accuracy and without the utmost cooperation from the system's beneficiaries, monitoring cannot reasonably be expected to accomplish its goals of _ conserving water and meeting minimum stream flow requirements Failure to meet the stream flow requirements will cause intervention by the State which may entail fines to ensure I • minimum stream flow compliance. FailUTe to conserve the maximum amount of water in the attempt to meet the stream _ • 1 flow requirements may also result in severe hardships and ill will . If adequate controls for monitoring and controlling the Eno system cannot be established, Orange County will find itself in a no win situation in regard to the Eno monitoring agreement responsibility, and I, as the County Engineer, could not recommend that Orange County accept that responsibility. 1 1 1 1 . • 7 Mr. Link Page 4 • December 12, 1988 • If an acceptable monitoring system can be constructed, and a high degree of cooperation can be reached among the system's operators, I see no reason why the system cannot be successfully maintained and monitored internally within the Orange County Community without undue input by the State of North Carolina. MENORIVE • 8 ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA Alanagit ESL/4'414d 1752 • March 17 , 1989 Mr. Turner Forrest Orange Alamance Water System P. O. Box 187 Mebane, NC 27302 'Dear Turner! Please find enclosed copies of memos summarizing the February 14 and March 14th meetings of the parties involved in the Eno River Capacity Use Agreement. If you have any questions or comments regarding these summaries please advise. In this letter, I am including the terms I will present to the Board of County Commissioners by which the County may finance the costs of construction and equipment for the monitoring and controls required for operation of the Eno River system. under the conditions of the Capacity Use . Agreement. Those terms are as follows: 1 ) The County will assume the costs for modifying the Hillsborough flow monitoring station, for the construction of a weir at Lake Orange and for the installation of a water level gage in Lake Orange. 2) The County will advance the funds for the construction of weirs at Lake Ben Johnston and Corporation Lake and for the installation of water level gages at Lake Ben Johnston and Corporation Lake. 3) The costs for construction and equipment at Lake Ben Johnston and Corporation Lake will be repaid to the County by the Town of Hillsborough and the Orange-Alamance Water System over a three year • period in three equal yearly installments due January 1st of each year. There will be no interest charge accessed. 4) The costs for construction and equipment for Lake Ben- Johnston and Corporation Lake will be shared by Piedmont Minerals, the Town of Hillsborough and the Orange-Alamance Water System with each entities' share being determined by the proportion of each entities' water usage rate to the total combined usage of the three entities. . • 9 Mr. Forrest March 17, 1989 Page 2 5) Piedmont Minerals share of the costs will be paid to the Town of Hillsborough and the Orange Alamance Water System at the time of the payments to the County. 6) Piedmont Minerals, The Town of Hillsborough, and The Orange Alamance Water System shall each indicate its acceptance of these terms by letter to the County Manager. • I will submit this proposal to the County Hoard of Commissioners at the April 3 meeting for its approval . Please indicate your acceptance of these terms within the next two weeks. If the proposal is acceptable and is approved, the project will move forward with all possible haste. If you have any questions regarding this proposal , please advise. Thank you for your prompt attention to this matter. Sinter y, hn M. Link, Jr. County Manager JML/ltc Enclosures • • LTF3-17 - ---- ----- • - -/R The RECEIVED ENO ••4 r t1/411. RIVER GROUP (TO CONSERVE FREEDOM) RT. 4 BOX 722 SINCE 1872 - - STEWART G. BARBOUR HILLSBOROUGH, NC 27278 SECRETARY OPEN letter to Orange County Commissioners (as published in the SUBJECT: Remarks, Reservoir Public Hearing (News of Orange on . . . April 12, 1989) 1. Why can't I have City Water and Sewerage? 2. Does City People's water turn Cloudy when it rains Bullfrogs, stay Muddy for days When it pours Cats and Dogs, and contain Minerals which fight my Saucepans and ruin my plumbing late Fridays as weekend guests arrive and all Plumbers leave town? 3.. (a) Would they enjoy fishing in my section of Eno River or allow their grandchildren to wade it, with upstream Home Treatment Sewage being discharged into it? (b) How many Home Treatment Plants in Orange and where, and how often inspected by State? (c) Does Raleigh have enough Inspectors to go around? 4. (a) Can you believe Commissioners have no Reservoir Site Inventory, per Chairman Carey, after untold thousands of Tax Dollars spent by UNC, OWASA, and Orange on studies getting mouldy in their files? (b) And an Engineer on County Payroll? (c) Who put the Old Duke Fox Himself in charge of Orange Reservoir Henhouse? (d) Who let Hazen-Sawyer write a $40,000 Study Contract limited to small area above Hillsborough (Where Sacred Cows of "pure history" abound, per Chairman Hartwell)? (e) Are chances better for dodging bullet of both Reservoir and Park by being member of Planning Board or member of Nature Conservancy/Eno River Association Combine? I favor latter but am "just here for the Entertainment", if I may quote Dr. Nygard at Eno River Task Force Meeting. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. G- ACTION AGENDA ITEM ABSTRACT Mooting Date: APRIL 18, 1989 SUBJECT: REVISED IMPACT TAX LEGISLATION DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: NO: X ATT (S) : IMPACT TAX BILL INFORMATION CONTACT: GEOFFREY GLEDHILL, COUNTY ATTORNEY TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider a revised impact tax bill which incorporates the changes made at the Intergovernmental Work Group meeting on April 14. BACKGROUND: Once a final version of the bill has been endorsed by the three local governing bodies of Chapel Hill, Carrboro and Orange County, the. Chair will authorize its transmittal to the General Assembly so that necessary changes can be made in the original bill as filed. Language that has been added to or changed from the original version has been underlined. @ ATION(S) As the Board decides. U4/13169 lU:ut! 6i919 469 aii4 rtSiSVA be DLIWIabUVJ •• 2 • 4110/89 A BILL TO BE ENTITLED AN ACT TO CREATE AN ORANGE COUNTY IMPACT TAX DISTRICT ' . AND TO AUTHORIZE THE DISTRICT, TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF CAPITAL FACILITIES REQUIRED BY GROWTH THE GENERAL ASSEMBLY OF NORTH CAROLINA ENACTS: • Section 1. The following definitions apply in this act: (1) Commercial building enclosed floor space. All enclosed floor space used for any purpose except: • a. Single-family, two-family, or multi-family residences and accessory structures. b. Recreational facilities constructed as part of a residential development and used primarily by residents of the development. • c. Governmentally owned buildings. - d. Buildings owned and operated by non-profit entities for noncommercial and nonresidential purposes. e. Schools or day care centers. (2) District. The Orange Count Impact Tax District established by this act. (3) Dwelling Unit. An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family. (4) Land development.- a. Land development shall mean: 1. Construction of any dwelling unit (other than one excluded under subsection (b of this section for which a building permit was issued or should have . been issued after the effective date of an ordinance adopted under this act; 2. Construction of any commercial building enclosed floor space for which a building permit was issued or should have been issued after the effective date of an ordinance adopted under this act; 3. Conversion of a building that adds one or more new dwelling units or that creates new commercial building enclosed floor space, or V's, A,oe 1V•1V p+LLL zV V V 1 4 • • y 3 4. The initial location within the District of a manufactured home or other dweilin• or commercial structure. ' b. Land deveio■ ent shall not include; 1. Construction of an addition to a dwellin- unit; 2. Construction of •ublic.l owned or .ublicly assisted dweliin• units intended for occupant b low or moderate income persons, as defined more sgecificall in an ordinance ado.ted under this act; 3. The relocation within the District of an structure located within the District on the effective date of an ordinance adopted pursuant to this act or any • structure with respect to which an impact tax has been paid. 4. The reconstruction or replacement of one dwelling unit by.. another or the replacement or, reconstruction of commercial buildin• enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to this act or -of an such floor space with respect to which an impact tax has been paid. (5) Person. An individual, partnership, corporation, or other legal ,entity. (6) Person responsible 'for the impact of land development. The owner of any dwelling unit or commercial building enclosed • floor space on the date an occupancy permit is issued for such dwelling unit or commercial floor space or, if no such permit is issued, the data the dwelling unit or .commercial floor space is occupied. Section 2. There shall be an Oran•e Count Impact, Tax District which shall include all of Orange Count outside the corporate limits of the Town of Hillsborough, the own of Mebane, and the City of Durham. Section 3. The Board of Commissioners of Orange County_shall be the 3LincLdy ai the District.str7 c . Section 4. (a) Except as provided in subsection (b), the governing body of the District may adopt an ordinance levying an excise tax on the impact of land development within the District (hereinafter referred to as an "impact tax"). Oran•e Count shall, on behalf of the District, provide for the administration, enforcement and collection of the tax. 1 • I (b) The District may not adopt an ordinance pursuant to this act if any ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 . Session Laws (Carrboro), Section 1 of Chapter 936 of the 1985 Session Laws (Chapel Hill), or Sections 17-18.1 of Chapter 460 of the 1987 Session Laws (Orange County) is in effect. Section 5. The purpose of the tax authorized by this act is to generate funds to partially offset the cost of constructing new capital facilities or replacing, expanding or improving existing capital facilities necessitated in part by new growth within the county. Accordingly, the net proceeds generated by the tax authorized by this act and distributed pursuant to Section 8 to orange County; Chanel Hill . or Carrboro, respectively, shall be deposited by each local government in its capital resrve Chapter 159 of the tGeneral oStatutes eand bmay hbe under expended only as of a f llows: P (1) . Orange County may expend these funds to the extent otherwise authorized by law on capital improvements projects related to schools, libraries, stormwater drainage, open space, and recreation, and on emergency and public safety facilities, including jails. (2) The Town of Chapel Hill and the Town of Carrboro may expend these funds on capital improvements related to roads and other transportation systems, stormwater drainage, open space and recreation, and police and fire stations. The funds may be. spent by each'municipality only for improvements that are located within, the corporate limits of that municipality or within its extra-territorial planning jurisdiction or transition area(s) as established under a joint planning agreement with Orange County, except that Chapel Hill and Carrboro may by agreement expend funds on joint projects that transcend each other's jurisdictional boundaries, such as road or drainage improvement projects. Section 6. An ordinance adopted under this act shall provide that: (1) A person responsible for the impact of land development shall pay an tax f or each square uar e foot of dwelling space ace and - co mnercial building enclosed floor space for which a n occupancy permit is issued or, if no such permit is issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building. (2) The tax shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no such permit is issued, . the date such dwelling unit or commercial floor space is initial] occupied. However, no tax due shall be considered delinquent until sixty (60) days after the tax becomes due. There shall be added to delinquent taxes interest at the legal rate. • 5_ (3) Taxes authorized by this act may be collected pursuant to G.S. 153A-147 or G.S. 160A-207. In additions taxes authorized by this act may be recovered in a civil action in the nature of debt including an award of reasonable attorney fees as part of costs. Section 7. The governing body of the District, after consultation with Orange County and the Town of Carrboro and the Town of Chapel Hill, shall establish annually at the time of the adoption of the annual budget of Orange County the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year. Different tax rates may be established for different types of commercial construction. Section 8. As soon as reasonably practicable after the close of each quarter of the fiscal year, the District shall distribute to Chapel Hill and Carrboro 75% of the net proceeds of the tax received by the District based upon development that has taken place within each respective municipality's corporate limits, extra-territorial planning jurisdiction, and transition area(s), as established in joint planning agreements. The remainder of the net proceeds, alus the cost incurred b Orange Count inn collecting and administering the tax, shall be remitt orange Count • As used in this act, the term °net proceeds° means the gross proceeds of the tax less the cost to the county of collection and administering the tax. • Section 9. Whenever the sale of real property located in the District involves new construction, the seller shall prepare and sign, and the buyer shall receive and sign, a disclosure statement.- The disclosure statement shall either be included in a contract of sale or contained in a separate document executed 'rior to the execution of a sales contract. This disclosure statement shall fully and completely disclose that the owner of the property at the time an occupancy permit is issued for the new construction or, if no occupancy permit is issued, the date the new construction is occupied, may be subject to a tax levied by the District on the impact of land development. If a seller fails to make such a disclosure and the buyer suffers injury as a result of the seller's failure to disclose, the seller shall be liable to the buyer to the extent of buyer's injury. Section 10. Orange County may repeal an ordinance adopted pursuant to Sections 17-18.1 of Chapter 460 of the 1987 Sessions Laws. Orange County may not adopt an ordinance pursuant to Sections 17-18.1 of Chapter 460 of the 1987 Session Laws while an ordinance adopted pursuant to this act is in effect. Chapel Hill may repeal an ordinance adopted pursuant to Section 1 of Chapter 936 of the 1985 Session Laws. Chapel Hill may not adopt an ordinance pursuant to Section 1 of Chapter 936 of the 1985 Session Laws while an ordinance adopted pursuant to this act is in effect. Carrboro may repeal an ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws. Carrboro may not adopt an ordinance pursuant to Section 2 of Chapter 357 of the 1985 Session Laws while an ordinance adopted pursuant to this act is in effect. • I ' U4114/0V iUJ. Uttla 406 ati4 • +4 LI I • • • 6 • • Section 11. This act shall apply only to the District created herein. • Section 12. This act is effective upon ratification. . . 1 1 • 4.4...ts.•• 7 I. GENERAL ASSEMBLY OF NORTH CAROLINA. (. • SESSION 1989 - - 1 HOUSE BILL 925 • Short Title: Orange County Impact Tax. (Local) Sponsors: Representatives Barnes and Hackney (by request). Referred to Government. March 27, 1959 1 A BILL TO BE E 2 AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN *EXCISE TAX ON 3 THE IMPACT OF LAND DEVELOPMENT FOR THE FURP'OSE OF 4 GENERATING REVENUES TO PAY PART OF THE COSTS OF CAPITAL 5 FACILITIES REQUIRED BY GROWTH AND TO REPEAL LOCAL ACTS 6 AUTHORIZING LOCAL GOVERNlyIENTS IN ORANGE COUNTY TO T FVY 7 IMPACT FEES. 8 The General Assembly of North Carolina enacts: 9 Section I. (a) Except as provided in subsection (b). Orange County may 0, 10 adopt an ordinance levying an excise tax on the impact of land development within I 1 the county, except within the Town of Hillsborough, and providing for the 12 administration, enforcement, and collection of the tax. 13 (b) Orange County may not adopt an ordinance pursuant to this act if 14 any ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session s 15 Laws (Carrboro), Section 1 of Chapter 936 of the 1985 Session Laws (Chapel H1.11), 16 or Sections 17-18.1 of Chapter 460 of the 1987 Session Laws (Orange County) is in • 17 effect. 18 Sec.. L The following definitions apply in this act: , . • • V A.0 CP 1.4 64 .1. "IC aU1,1 4.1UVO I GENERAL ASSEMBLY OF NORTH CAROLINA. SESSION 198'9 • 8 1 (1) Person. An individual. partnership, corporation. or other Legal 2 entity- • 3 (2) Land development. Land development shall mean: 4 a. Construction of any dwelling unit for whirh a building 5 permit was issued or should have been issued after the 6 effective date of an ordinance adopted under this act; or 7 b. Construction of any commercial building enclosed floor S space for which a building permit was issued or should have g been issued after the effective date of an ordinance adopted 10 under this act. 11 (3) Person responsible for the impact of land development,. The 12 • owner of any dwelling unit or commercial building enclosed floor 13 -- space on the date an occupancy permit is issued for the dwelling 14 unit or commercial floor space or. if no such permit is issued, the 15 date the dwelling unit or commercial floor space is occupied_ . . 16 (4) Commercial building enclosed floor space. All enclosed floor 17 space designed or intended to be used for any purpose except: 18 a. Single-family, two-family. or multi-family residences and 19 accessory structures. • 20 b. Recreational facilities constructed as part of a residential 21 --- development and used primarily by residents: of the 22 development. 23 c. Governmentally owned buildings. 24 d. Buildings owned and operated by nonprofit entities for • 25 noncommercial and nonresidential purposes. 26 e. Buildings designed and constructed to be used as schools or 27 day care centers. 28 Sec. 3: The purpose of the tax authorized by this act is to generate funds 29 to partially offset the cost of constructing new capital facilities or replacing, 30 expanding, or improving existing capital facilities necessitated in part by new growth 31 within the county. Accordingly, the net proceeds generated by the tax authorized by 32 this act and retained by Orange County or distributed pursuant to Section 6 to 33 Chapel Hill or Catrboro, respectively, shall be deposited by each local government in 34 its capital reserve improvements fund or funds established under Part 2 of Article 3 35 of Chapter 159 of the General Statutes and may be expended only as follows: Page 2 House Bill 925 D. Law t...■ Iej J. 4 lc• • V 47 • abo .4. -1,4* 9 , • GENERAL ASSEMBLY OF NORTH CAROLINA. SESSION 1989 • (1) Orange County may expend these funds to the extent otherwise 2 " authorized by law on capital improvements projects related to .„ • 3 schools. libraries, stormwater drainage. open space. and recreation. 4 and on emergency and public safety facilities, including jails. 5 (2) The Town of Chapel Hill and the Town of Carrboro may expend 6 these funds on capital improvements related. to roads and other 7 transportation. systems, stormwater drainage, open space and 8 recreation, and police and fire stations. The funds may be.spent by • 9 each municipality only for improvements that are located within • 10 the corporate limits of that municipality or within its extra- 11 oe..' • territorial planning jurisdiction or transition area(s) as established 12 under a joint planning agreement with Orange County. except that 13 Chapel Hill and Carrboro may by agreement expend funds on joint 14 projects that transcend each other's jurisdictional boundaries, such 15 _. as road or drainage improvement projects. . 16 Sec_ 4_ An ordinance adopted under this act shall provide that: 17 (1) A person responsible for the impact of land development shall pay 18 an excess tax for each square foot of dwelling space and 19 commercial building enclosed floor space for which an occupancy .00". 20 permit is issued or, if no such permit is issued, for each square foot 21 of dwelling space in an occupied dwelling and for each square foot 22 of occupied enclosed floor space in a commercial building. 23 (2) The tax shall be due on or before the date an occupancy permit is 24 issued for the dwelling unit or commercial building enclosed floor 25 space in question or. if no such permit is issued, the date the 26 dwelling unit or commercial floor space is occupied. However, no 27 • tax due shall be considered delinquent until 60 days after the tax 28 becomes due.. There shall be added to delinquent taxes interest at . 29 the legal rate.. 30 (3) Taxes authorized by this act may be collected pursuant to G-S. . 31 153A-147 or G.S. 160A-207. In addition, taxes authorized by this .P* 32 act may be recovered in a civil *action in the nature of debt 33 . including an award of reasonable attorney fees as part of costs. 34 Sec. 5. The Orange County Board of Commissioners, after consultation .00e 35 with the Town of Chapel Hill and the Town of Carrboro, shall establish annually at•House Bill 925 • Page • yam,3.a, 00 ..4.1.) 6.44710 *00 I.* t j W,01.0% 0: JattU11A QU31 • - GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 • 1 the time of the adoption of the annual budget the rate of tax to he levied per square 2 foot of dwelling space and per square foot of commercial building enclosed floor " 3 space for the ensuing fiscal year. Different tax rates may be established for different 4 types of commercial construction and for dwelling units containing a different 5 number of bedrooms. . . 6 Sec. 6. As soon as reasonably practicable after the close of each quarter 7 of the fiscal year, Orange County shall distribute to Chapel Hill and Carrboro 8 seventy-five percent (75%) of the net proceeds of the tax received by the county due 9 to development that has taken place within each respective municipality's corporate 10 limits. extra-territorial planning jurisdiction, and transition area(s), as established in 11 joint planning agreements. As used in this act, the term "net proceeds° means the • ' 12 gross proceeds of the ra 4 less the cost to the county of collecting and administering 13 the tax. 14 Sec. 7. Whenever the sale of real property located in Orange County 15 involves new construction, the seller shall prepare and sign. and the buyer shall 16 receive and sign, a disclosure statement. This disclosure statement shall fully and 17 completely disclose that the owner of the property at the time an occupancy permit is 18 issued for the new construction or. if no occupancy permit is issued, the date the new . 19 construction is occupied. may be subject to an excise tax on the impact of land 20 development. If a seller fails to make such a disclosure and the buyer suffers injury 21 as a result of the seller's failure to disclose, the seller shall be liable to the buyer to . 22 the extent of the buyer's injury. 23 Sec. 8. Orange County may repeal an ordinance adopted pursuant to 24 Sections 17-18.1 of Chapter 460 of the 1937 Session Laws. Orange County may not 25 adopt, an ordinance pursuant to Sections 1718.1 of Chapter 460 of the 1987 Session 26 Laws while an. ordinance adopted pursuant to this act is in effect. Chapel Hill may 27 repeal an ordinance adopted pursuant to Section 1. of Chapter 936 of the 1985 28 Session Laws. Chapel•Hill may not adopt an ordinance pursuant to Section 1 of 29 Chapter 936 of the 1985 Session Laws while an ordinance adopted pursuant to rhic 30 act is in effect. Carrboro may repeal an ordinance adopted pursuant to Section 2 of 31 Chapter 357 of the 1985 Session Laws. Carrboro may not adopt an ordinance 32 pursuant to Section 2 of Chapter 357 of the 1985 Session Laws while an ordinance 33 adopted pursuant to this act is in effect. - _ 34 Sec. 9. This act shall apply only to Orange County and the / 35 municipalities located therein. except for the Town of Hillsborough. • Page 4 'House Bill 925 ' II „ •.• .. • •C14 110. • .1. 11 ASSEMBLY OF NORTH CAROLINA . SESSION 1939 01.0•••••■•■■111MIMMIMIIIMINNOMOMAII.....W.M.1111.1■11.6........! • Sec.. 10. This act is effective upon ratification. • • I • • • • • • • - - • • • HOLISC BilI 925 • Page 5 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. a--5 ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 18, 1989 SUBJECT: LOCAL LEGISLATION DEPARTMENT: LEGAL/PLANNING PUBLIC HEARING YES: NO: X ATTACHMENT(S): HOUSE BILL 915 INFORMATION CONTACT: GEOFFREY E. GLEDHILL (732-2169) TELEPHONE - Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To request legislative authority for Orange County to use stop work orders as an aid to the administration and enforcement of its land use ordinances. BACKGROUND: Currently, violations of County land use ordinances, including violations of approved and permitted development projects, can only be enforced through the criminal court or by use of the remedy of a court injunction. The former is typically ineffective; the latter expensive and time consuming. Stop work orders are effective in the administration of the State Building Code and the Erosion Control Ordinance. RECOMMENDATION(S): Authorize the preparation of an amendment to House Bill 915 to permit Orange County to provide in its land use ordinances for stop work orders to remedy violations of those ordinances. Authorize the Chair to request the amendment from the Orange County Legislative Delegation. 3 prf-r111C App - G 'wAR 2 GENERAL ASSIOVIBLY Of NORTH CAROLINA SESSION 1989 1 H HOUSE BILL 915 4 Short Title: Orange Omnibus Bill. (Local) • Sponsors: Representatives Hackney and Barnes. • Referred to: Government. • March 27, 1989 • 1 A BILL TO BE ENTITLED 2 AN ACT TO MAKE SUNDRY AMENDMENTS CONCERNING LOCAL 3 GOVERNMENT IN ORANGE COUNTY. 4 The General Assembly of North Carolina enacts: ti 5 Section 1. (a) Section 5.23 of the Charter of the Town of Chapel Hill, 6 being Chapter 473, Session Laws of 1975, as added by Chapter 330, Session Laws of 7 1977, and renumbered to be Section 5.33 under G.S. 160A-496, reads as rewritten: 8 "Sec. 5.33. ' - - : • ; - - - . - _ • - : :: Tree protection 9 regulations. The Town is authorized to adopt ordinances after holding of a public 10 hearing thereon, to regulate r• al- Mandril removal and substantial alteration of 11 trees and shrubs and their surrounding soils from public and private property within 12 the town and its extraterritorial planning jurisdiction in order to preserve, protect, 13 and enhance one of the most valuable natural resources of the community, and to 14 protect the health, safety, and welfare of its citizens." 15 (b) All development and zoning ordinances of the Town of Chapel Hill 16 enacted and all steps taken by that town to enact development and zoning ordinances 17 prior to the effective date of this section which would have been valid under 18 subsection (a) of this section are hereby validated, ratified, and confirmed. • • ti • V GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 1 Sec. 2. The Charter of the Town of Carrboro, being Chapter 476 of the 2 Session Laws of 1987, is amended by adding a new section to Article 9 to read: '] of "Section 9-6. Stop Work Orders. The Board of Aldermen may provide in its land ✓. 4 use ordinance that the land use administrator may issue stop work orders whenever 5 violations of the land use ordinance are discovered and the administrator concludes 6 that irreparable injury will occur if the alleged violation is not terminated 7 immediately. The ordinance shall provide for an expedited procedure whereby a 8 stop work order may be appealed to the board of adjustment. The ordinance may 9 also provide that a violation of a stop work order that has not been appealed or that 10 has been upheld on appeal shall constitute a misdemeanor." . 11 Sec. 3. The Charter of the Town of Chapel Hill, being Chapter 473, 12 Session Laws of 1975, is hereby amended by adding a new Section 3.12 to read as 13 follows: . 14 "Sec. 3.12. Disclosure of Property and Business Interests. . 15 (a) The Town Council of Chapel Hill may require by ordinance the disclosure by 16 the Mayor and members of the Council of their, and their spouses', personal financial 17 interests including but not limited to interests in real property and in entities doing 18 business with the town or applying for permits or approvals from the-Town. The 19 Council may establish minimum percentage interests below which disclosure would h. • • 20 not be required. l 21 (b) The Town Council of Chapel Hill may require by ordinance that the Mayor 22 and Council members shall not vote on matters involving their property or business 23 .interests; provided, that the Council may exempt from disqualification matters such as 24 zoning or development decisions in which all properties similarly situated would be 25 similarly affected." 26 Sec. 3.1. The Charter of the Town of Chapel Hill, being Chapter 473, 27 Session Laws of 1975, is hereby amended by adding a new Section 5.20 to read as 28 follows: . 29 "Sec. 5.20. Ordinances Requiring and Permitting Low and Moderate Housing and 30 Providing Density Bonuses. 31 (a) For the purpose of increasing the availability of housing for persons of low 32 and moderate income, and thereby promoting the public health, safety and welfare, 33 the Town of Chapel Hill may grant a density bonus or provide other incentives of 34 equivalent financial value to a developer of housing within the Town and its ' 35 extraterritorial planning jurisdiction, if the developer agrees: w' Page 2 House Bill 915 -r • � v ....r..,.. r. .,. . GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 1 (1) To construct at least twenty-five percent (25%) of the total units of 2 a housing development for persons and families of low or 3 moderate income; or, 4 (2) To construct at least ten percent (10%) of the total units of a 5 housing development for lower income households. • 6 (b) For the purposes of this Article. `density bonus' means a density increase of at 7 least twenty-five percent (25%) over the otherwise maximum allowable residential 8 density under the applicable zoning classification. The density bonus shall not be 9 included when determining the number of housing units which is equal to ten 10 percent (10%) or twenty-five percent (25%) of the total. The Town may apply the 11 density bonus to housing developments consisting of five or more dwelling units. 12 (c) For the purpose of increasing the availability of housing for persons of low and 13 moderate income and thereby promoting the public health, safety and welfare, the . 14 Town of Chapel Hill may enact ordinances requiring that developers of housing 15 within the Town and its extraterritorial planning jurisdiction: 16 (1) Construct at least twenty-five percent (25%) of the total units of a 17 housing development.for persons and families of low or moderate 18 income; or. 19 (2) Construct at least ten percent (10%) of the total units of a housing 20 development for lower income households. • 21 (d) The Town may exercise the authority granted in subsection (c) of this section 22 only if the Town either grants a density bonus or provides other incentives of 23 equivalent financial value to a developer required to provide low and moderate 24 income housing." 25 Sec. 4. This act is effective upon ratification. • House Bill 915 Page 3 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. /I ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 1989 SUBJECT: APPOINTMENTS DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To maintain membership at effective levels on Commissioners' appointed boards and commissions. BACKGROUND: The following recommendation is presented for consideration of appointment: HUMAN RELATIONS COMMISSION: At their March 27, 1989 meeting, the Town of Chapel Hill nominated Jerry Salak to fill a vacancy on the Human Relations Board created by the resignation of Joe Straley. With the acceptance of Mr. Salak, the two representatives slots from Chapel Hill will be filled. Mr. Salak will serve a three-year term ending in November, 1992. RECOMMENDATIONS) : .As the Board decides.