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Agenda - 09-06-1983
ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 6, 1983 7:30 P.M. COMMISSIONERS' ROOM - 3RD FLOOR ORANGE COUNTY COURTHOUSE HILLSBOROUGH, NC A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the printed agenda 2. Matters not on the printed agenda C. REPORTS 1. CERTIFICATE: OF CONFORMANCE TO ORANGE COUNTY and:AWARD OF FINANCE REPORTING ACHIEVEMENTS TO WALLACE HARDING 2. FALL 1983 LITTER CAMPAIGN 3. HEALTH CARE NEEDS OF OLDER ADULTS (Entlosed in Boardmembers information pack( D. ITEMS FOR BOARD DECISION 1. PUBLIC COMMENT ON PROPOSED ANIMAL CONTROL ORDINANCE AMENDMENTS 2. FOX LAIR SUBDIVISION 3. SECONDARY ROAD NAMES 4. CONTINUED DISCUSSION ON EFLAND SEWER LINE, AND SCHOOL CAPITAL FUNDS 5. DATA PROCESSING AGREEMENTS WITH THE TOWN OF HILLSBOROUGH AND THE ORANGE COUNTY SCHOOL BOARD 6. EXTENDING THE LAND SYSTEM ACCESS TO CARRBORO AND CHAPEL HILL 7. IN REM FORECLOSURE PROCEDURE 8. CEDAR GROVE PROPERTY TRANSFER 9. ESTABLISHMENT OF PUBLIC DEFENDER OFFICE 10. PROPOSED EMPLOYMENT SECURITY OFFICE 11. SUPPLEMENTAL GRANTS TO HEALTH DEPARTMENT 12. AUTHORITY TO SIGN:SOCIAL SERVICE CONTRACTS 13. BUDGET AMENDMENTS 14. APPOINTMENTS 15. JOINT PLANNING AREA BOUNDARY __- | *, � i `~ , � 9/ 6/B ! INDEX i _ ACD0DA.IIDM7 ! _ AJ�E0DA ABSTRACT . . C-r1 Certificate of Confarmance 001 001 C-2 Fall 1983 Litter Caj,Ipaign 002 002 D-1 Animal Control 003 003-017 D-2 Fox Lair Subdivision 018 0I8-022 D-3 Secondary Road Nome '/ 023 023-026 D-4 EfIaud ewer line / 027 027 . D-5 Data 9rooeooiog/Towli of Hillsborough 028 028-030 D-6 Extending land records system 037 037-040 D�7 In Rem Foreclosure I 041 041-046 D-8 Cedar Grove Propertyr Transfoer 047 047-055 D-9 Public Defender's 056 056 D-lO Employment Securit3ii Office 057 057 D-lI Supplemental GrantS to Health Deyt, 058 058-059 D-12 Authority to sign uial Service Contracts 060 080-061 D-13 Proposed Budget Amendments 062 062-065 D-14 Appointments 066 066 D-15 Joint Planning Area Boundary 067 087-083 �,:, ^ 1 'ot I dig 1 prMINUTES September 6, 1983 The Orange Counti, Board of Commissioners met in regular session on Tuesday, September 6, 1983 at 7: 30 P.M. in the Commissioners Room of the Orange Count3 1 Courthouse, Hillsborough, North Carolina. Commissioners Present; Richard E. Whitted, Chairman, and Commissioners Ber Lloyd, Shirley Marshall, Norman Walker and Don Willhoit. 1 After the completion of one item on the agenda, the meeting continued ir the Superior CourtrOm. With pleasure, the Honorable Ed Renfrow, Auditor with the State of Nort1 1 Carolina, presented 4 Certificate of Conformance award to Orange County for its 1 outstanding reporting achievements, and commended the County for demonstrating such high principles.; This award had not heretofore been received at the state level. The award was Ipresented to Chairman Whitted, who in turn presented the award to Mr. Wallace ! Harding, Finance Director. Mr . Harding recognized his staff and members of the Touche-Ross Auditing Firm for a job well done. A. BOARD COMMITS Commissioner Whitted added an announcement. Commissioner Lloyd added a brief discussion on zoning. The County Manager, Ren Thompson asked the Board to postpone item B. LUIDIENCE COMMENTS 1. Matters on the printed agenda. There were no comments. 2. Matters not on the printed agenda. 1 There were no 'comments. D-1 P 4. 4 sup7. • • • wis - - s 4.0 . H.- Ordinance Amendments 2 Mr . Robert Greenberg spoke on behalf of the Board of Directors for thi Animal Protection S'ociety of Orange County. The Board strongly supports tht strict Animal Control Ordinance as presented with two items of concern: (1, omission of adequate shelter as a necessary protection for animals; and (2) civil penalty of $251 comparable to fines of other jurisdictions. Mr . Gene Cole, a! resident of the southeastern part of Orange County, state( that he has problemS with dogs roaming loose, damaging his garden and causinc property damage underneath his house; contacting the owners of the dogs is nc help. Be feels that there should be a restriction on the number of dogs at owner can breed in a ! residential area; his neighbor breeds dogs. Mr . Carl Waltersl, member of the Orange County Planning Board, stated that he has two german shepherds for protection and would like for the Ordinance tc contain a section that allows an owner to leave one dog out at night. Attorney Geoffrey Gledhill noted that according to the Ordinance a viciouE animal is any dog that threatens bodily harm or property damage and a public nuisance includes having a vicious animal. Ultimately the courts decide if there has been a violation. Initially the Health Director or Animal Control Officers would issue la citation, and if there is a question of violation, the courts would then make the ultimate decision. Mr . Bill Ray of cedar Grove requested further study for rural Orange County especially relating . c11 hunting dogs . Commissioner WiIlhoit noted that hunting dogs are exempt from this Ordinance. Ms. Louise Cole toted a need for the Animal Control Ordinance. Attorney Gledhillii noted that if an animal used for protection attacks a robber , the owner is ;liable, and the act is a violation of the Ordinance as written; this Ordinance, as written, makes the keeping of a vicious animal a nuisance -- after being notified, the owner has forty-eight hours to abate the nuisance; if no abatement is made, a violation of the Ordinance would occur. 3 1 • Commissioner WilIhoit noted the need for different levels of control fo] various suburban areas and that members of communities can provide distinction! 1 appropriate to particular areas to be considered by the Board. The Animal- . Control Ordinance will be on the agenda again for public comment on September 20, 1983. Commissioner Whitted noted the Board is trying to provide alternatives tc prevent animals fromibeing shot if they are not on owners ' property. Ms. Boggs noted: , (1) the amendments should only pertain to Orange County; (2) hunting dogs should be exempt; (3) guidelines to determine where or when a dog is considered viCious. Commissioner Whitted noted that Mr. Robinson and Attorney Gledhill will review the comments and the draft ordinance in an effort to list the optionE available. D-4 Cgritinuesi Discussion o - . - amPLZIL0D1 Capital Funds 1 Commissioner Whited noted that it was determined necessary to await the completion of the engineering study to continue the Board's considerations of the land use plan and the zoning of Cheeks Township before making a decision. 1 There is also a proposed agreement with the Town of Hillsborough to extend a 1 sewer line from the present system in Hillsborough to the Efland Cheeks School. 1 Be noted that the proposed sewer line will aid the pressure line that will' connect the present system to the Efland Cheeks School, as well as connect the school and the Efland Estates Subdivision with the sewer line. - I The primary concerns raised at the last meeting were: (1) the service expense for others to have the sewer lines; (2) the need for engineering studies; (3) the determination of appropriate location; and, (4) financial arrangements. Chairman Whitted 'noted that the engineering study and the area study of Cheeks Township would, be complete within 90-120 days; that the Farmers Home 1 4 Administration bad informed the Board that it would be necessary for the Count to get the joint obligation fund for a portion of the taxes to finance th construction of the 'sewer line inside the subdivision. If the County agrees t obtain the bonds, it would take 60-90 days to have the bonds issued. Ken Thompson, County Manager noted the engineering report will be delivere in December, 1983, and the application for revised funding will be made afte that. Papers for the tax district bond will have to be filed and will talc! about 90 days, after which time construction can begin; the total time tabli for this effort will; be approximately one year . Mr . Roy McAdoo stated that any delay is a potential health hazard t( members of the community. Commissioner Willhoit stated that the approval for the eight inch line. 1 which is necessary tO meet the needs of Efland Estates, and the agreement witl Farmer 's Home Administration to fund this project would not be fulfilled by th( end of the year. He rioted that the need for the engineering study is to design a line that will serve the needs of the area in the most efficient ark economical manner. Commissioner Whitted further clarified the situation. Dr. Dan Lunsfordistated that he needs a recommendation which must include *4 timetable for a solution of the immediate problem, with some statement of financial backing. Commissioner Willhoit moved, seconded by Commissioner Marshall to have the engineering report done on sewer lines to Efland, and tc have the Planning Staff continue the study of Cheeks Township to prepare for a public hearing on the land use map and extension of the zoning ordinance. VOTE: Ayes, 3; Noes, 2 (Commissioners Lloyd and Walker) . Commissioner Willi-loft moved, seconded by Commissioner Marshall to release $20,000 for pump repairs to the Orange County School Board and to hold the balance in reserve for the initial start up cost for construction of the line. VOTE: Ayes, 5; Noes,1 0. C-2 Fall 1983 Litter Campaign 1 5 Mr . Wayne Weston noted that S.R.1148 (Old Eno Mountain Road) is the ke target road for this year 's campaign which will be held the week of Septembe 19, 1983. The D partment of Transportation will provide vehicula transportation and Cbne Mills will provide front end loaders, etc. 1 Ms. Fonrose Gore, staff member at the Agricultural Extension has prepared slide presentation ( 'Orange Choice ') to be shown throughout the community in al effort to give pe6le the opportunity to view long range visibility an beautification aspects of the County. 1 C-3 BealtIL , s - - t - 4 ' - Commissioner MarLhall stated that she had distributed the report from till 1 statewide committee for the Board members information and she hoped the Boar( of Commissioners will support both state and local efforts for long term healti care needs. When appropriate, older people would prefer to stay in their home. which, with the proper supports, is cost effective for governments. Commissioner Marshall noted that as requested by the Board, the Department on Aging and the Department of Social Services have negotiated a memorandum of 1 agreement consolidating the functions of each in delivering home care services; requested that the ! Board support this agreement in an effort to coordinate delivery of servicesand to provide more services with no increase in dollar allocation. D-2 Fox Lair Subdivision (see page for this plan) Commissioner Walker moved, seconded by Commissioner Lloyd to approve the preliminary plan for Woodglen Section One subject to the recommended staff conditions. VOTE: !Ayes, 5; Noes, 0. D-3 aecondary Road Names (see page for this resolution) Commissioner Marshall moved, seconded by Commissioner Willhoit to adopt the resolution for name changes. VOTE: Ayes, 5; Noes, 0. [ 1 6 1 ! . D-5 P, - • • o . ' t - - a- c . - war011igh_ADA4 Orange County School: Board (see page for this agreement) Commissioner LlOyd moved, seconded by Commissioner Walker to approve th request to provide data processing services to the Town of Hillsborough and th Orange County Board pf Education. VOTE: Ayes, 5; Noes, 0. Attorney Gledhill noted the need for some minor changes to the agreement. D-6 extending the Land z - - and. Chapel Hill. (see page th1is book) Commissioner Walker moved, seconded by Commissioner Wilihoit to extent access to the land rlecords system to Carrboro and Chapel Hill. VOTE: Ayes, 5 Noes, 0. D-7 " - 1(13 • - 0 . - _Proceduxe Mr. John Horner noted that in rem Foreclosure is an alternative to mortgagi foreclosure; there is a lot of property in the County which does not have enough value to justify a mortgage foreclosure; in rem will allow the propert3 to be foreclosed foi a debt to the County without creating a tremendous cost against the existing lien; the County will be the buyer and the bid will be what has been invested by the County in terms of taxes. Under new law there will not be a lien sell, but advertising will again take place. Commissioner Walker moved, seconded by Commissioner Wilihoit to approve the requested in rem Foreclosure. VOTE: Ayes, 5; Noes, 0. 1 D-8 Cedar Grove :Property Transfer (see page _of this book) Commissioner Walker moved, seconded by Commissioner Lloyd to accept the property owned by the Orange County Board of Education. VOTE: Ayes, 5; Noes, 0. D-9 This item . . • - . D-10 Proposed 1') a 11 - 1 - ' Office Ken Thompson, County Manager, noted the State had approached the County concerning a desirability to locate the Employment Security Commission in the Chapel Hill area. The intent is to have the County participate in the cost of 8 1 Commissioner Willhoit moved, seconded by Commissioner Marshall to appoin Valerie Greenberg to the Orange County Planning Board. VOTE: Ayes, 5; Noes, 0 Commissioner Marshall moved, seconded by Commissioner Willhoit to appoin Reverend Richard Hildebrandt and Dr. Jim Allen to the Orange County Senio Citizens Board. VOTEi: Ayes, 5; Noes, 0. Commissioner Willhoit moved, seconded by Commissioner Whitted to reappoin 1 Ruth Long to the Jury Commission. VOTE: Ayes, 5; Noes, 0, Commissioner Willhoit moved, seconded by Commissioner Whitted to appoin 1 Mary Howes to the ABC Board. VOTE: Ayes, 5; Noes, 0. Commissioner MarShall moved, seconded by Commissioner Whitted to delete till nomination of Kim Hoke (with the understanding that staff will be available t4 the task force) , and appoint 18 members for the ad hoc School Capital Tasi 1 Force. VOTE: Ayes, 5; Noes, 0. D-15 • ' o , v • : e . -- Commissioner Willhoit noted that in the original Joint Planning Agreement the dividing line between the Chapel Hill and Carrboro planning areas was railroad track which !extended outward, with no other explanation. Commissioner Willhoit moved, seconded by Commissioner Whitted to leave out Section 2.2 of th4 Joint Planning Agreement until specific reference for boundaries can be made. VOTE: Ayes, 5; Noes, 0 . annpunpmgnts Commissioner Whitted stated the Board was notified by the Department of Natural Resources and Community Development that Orange County was approved for a Community Development Block Grant in the amount of $687,000. He noted that the Board has accepted the grant. 1 Commissioner Whitted noted that $30,000 has been approved from the U.S. Park Service for the Cedar Grove Project. Commissioner Whitted stated that on September 28, 1983 at 6: 30 P.M. the 1 annual meeting of the Triangle Council of Government will take place at the 1 1 7 rent, and the Stat, will pick up all other costs. The Housing Authority ha agreed to provide space at $8 per foot. 1 Commissioner Marshall moved, seconded by Commissioner Willhoit t participate in the cbst of reopening an Employment Security Office in Oran% 1 County. VOTE: Ayes!, 5; Noes, 0. D-11 $upplementill Grants tP Health Department (see page of this book) Ken Thompson, County Manager, noted that the Health Department is seekin( supplemental funds to remedy budget cutbacks. Commissioner Willhoit moved, seconded by Commissioner Whitted to approv( the request for fund to the Health Department. VOTE: Ayes, 5; Noes, 0. 1 D-12 authority tQ Sign Social SeLMit_Contracts (see page of thif book) Commissioner Marshall moved, seconded by Commissioner Lloyd to approve the signing of the Social Services Contracts. VOTE: Ayes, 5; Noes, 0 . D-13 : - (see page L. for these amendments) 1 County Manager, Ken Thompson made note of some additional items to be considered along with a need to transfer funds from the capital fund tc particular departmens. 1 Commissioner Willhoit moved, seconded by Commissioner Marshall to approve the proposed budget dmendments. VOTE: Ayes, 5; Noes, 0. D-14 appointments Commissioner Willhoit moved, seconded by Commissioner Marshall to appoint 1 Beth Cole to the Commission for Women. VOTE: Ayes, 5; Noes, 0. Commissioner Marhall moved, seconded by Commissioner Willhoit to appoint Brenda Stephens, Mrs. Leroy Collins, and Beatrice Marshall to the Domiciliary Home Community Advisory Committee. VOTE: Ayes, 5; Noes, 0. 1 ■ 9 ■ b Jane S. McKimmon Center in Raleigh. The guest speaker will be the Mayor of St Paul, Minnesota, and the subject will be 'Private and Public Partnerships ' . Commissioner Whitted noted that a letter had been received from °WAS, stating that a proclamation had been put in effect for mandatory conservation of water use, effective September 7, 1983. Richard E. Whitted, Chair Beverly Blythe, Clerk :..., • ,_ . - •1.i .'',- ' .';';.'`:- '`';;')7;7;',' •. 7 . ". ":A"t;''.- "P;tW''t'irg.r,..:,4,', 7". : • 1 ORANCA COUNYY 00 // . 130AFTI OF COMWSSIONEPS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No.CI_ MEETING DATE . . -,,, .. subject: Presentation - Certificate of Conformance and Award of Financial Reporting Achievement mpartment: oun yilanager 1 Public Hearing: ' yes _.„,_ no. 1 1 A ---—1 ttaChment s : 1 ---1 ion tac informat cont: 1 County Manager's Office Phone --1- Number: Wa____ ! PURPOsE: To present to Orange County the Certificate of Conformance in Financial Report and the Award of Financial Reporting Achievement. 1 The dertificate of Conformance Program is a program of education and f . recodnition of excellence in governmental financial reporting. It was : J begun by the Municipal Finance Officers Association in 1945 to emphasize the importance of the need for every governmental unit to prepare and , Publish an easily readable and understandable Comprehensive Annual Finahcial Report. The Certificate of Conformance is generally acknowledge( as the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accom- plishment by an entity and its management. The benefits of obtaining the Certificate are: T. Comparability: Reports qualifying for Certificates employ ' standardized terminology and formatting conventions , com- parisons from one year to the next and among different entities are facilitated. . Completeness: The financial statements, supporting schedules , - 1 statistical tables, and narrative explanations required for a - Certificate help to assure that all fiscal data are presented 1 that are needed by the many persons and groups with legitimate 1 interests in the financial affairs of Orange County. 3. Clarity: The report is likely to be free of ambiguities and 1 potentials for misleading inferences. , 1 4. Bond Marketing Aid: Reports qualifying for a Certificate of , 1 Conformance proVide a detailed vehicle by which market analysts , 1 investors , potential investors and others may assess the relative ,-- 1 attractiveness of a government's securities compared to alterna- ,. tive investment possibilities. -" When a Certificate of Conformance is awarded to a oovernment, an Award of Financial Reporting Achievement is also presented to the individual ,,- designated by the government as primarily responsible for its having earned the Certificate. This award is presented to Wallace H. Harding and his staff. 002 ORAM3E COUNTY BOARD OF CCCMISSIONERS Action Agenda Item No..c AcrION AGENDA ITEM ABSTRACT MEETING DATE_ September 6, 1983 Subject: Fall 19831 Litter Campaign SepteMber 19-24, 1983 S g: n; Departrrent: Recreatjion and Parks . . Public Hearmn — —7—.--- AttaChMent(S) : InzormatIon Contact: R. Wayne Weston • N/A Phone Nuriber: 732-9361, ext. 292 • • ,...• • Purpose: Acquaint the Board of Commissioners, with upcoming Litter Week activities. . - Need: Board of Commissioners support and encouragement to the general public to participate. Impact: Target cleanup to address daily one (1) seriously littered and abused County road; as well traditional solicitation to church, civic and independent citizens. ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 RICHARD E WHILTED,Cbarr BEN LLOYD SHIRLEY E.MARSHALL NORMAN WALKER DON WILLHOIT TO: MEMBERS: Board of County Commissioners; Senior Citizen Board, Social Services Board FROM: Shin l Marshall /Ai/ RE: Health Care Needs of Older Adults DATE: 29 August 1983 Several initiatives addressing long term health care needs of the elderly are moving along parallel tracks in state government. I have been a participant in one of these tracks: preparation of a detailed list of recommendations to the State Goals and Policy Board to follow up on Goal VII, Recommendations 18 and 19 of the NC 2000 report. Goal VII: To i)e Responsive to the Health Care Needsof an Aging Populatio Recommendation 18: Increase incentives to encourage health personnel to undertake an7or update training in geriatric and gerontological specialties; and ensure the availability of adequate instruction. Recommendation 19: Take the following actions, to ensure the provision of long-term care services to meet the social and health needs of the aging popillation: a. Examine current state and federal legislation and regulations, and seek waivers Or changes appropriate to the goals of helping the aged remain independent and encouraging and assisting families to care for their disabled elderly members. b. Begin now to estimate the need for institutional long-term care for The aged and to make provisions that will assure the availability and affordability of such care. A copy of ourl report is attached. The Reprt has been forwarded to the State Goals and Policy Board as well as to the Long-Term Care Advisory Committee appointed by Dr. Sarah Morrow, of which Chairman Richard Whitted is a member. Additionally, I have asked County Manager Ken Thompson to present at this time a status report on coordinative efforts we have been attemptit to implement among the Orange County Departments -- Social Services , Health and Aging -- towards training, schedIlling and delivering the various programs of home help and home care. As the Commissioner liason to the Social Services and Senior Citizen Boards, I urge your attention and support to both local and state efforts. Thank you. tAGEOMBILQUAC-20111) Itil_SIAILMALSAND-HLIG/AQUILMOBLARQUES In June 1981, Governor James a. Hunt, Jr., initiated the NC 2000 Process by establishing the Commission on the Future of North 1Carolina. Aided by county NC 2000 chairpersons whose efforts involved more than 13,000 North Carolinians. the Commission heard from experts and citizens as it studied, over a period of some eighteen months, the problems and opportunities that will likely face the state over the next two decades. In March 1983. the Commission presented its report, including over one-hundred recommendations, to Governor 'Hunt: Upon reviewing the Commission's report, Governor Hunt asked the State Goals and Policy Board, which he chairs and whose members had been involved in the planning of NC 2000 and had erved as members of the Commission, to oversee follow-trough activities on the NC 2000recommendations. Among the follow-through activities which he specifically requested be initiated at that time was the establishment of six work "groups, or technical advisory groups, on the following topics: technical assistance to small business. hazardous substancas/waste, water resources, health care costs, health needs of older adults, and child health. The Governor asked the State Goals and Policy Board to charge these mot* groups with considering the problems identified by the Commission on the Future and with developing specific recommendations about how the goals established by the Commission might be met. The six work groups were established in May and have been meeting frequently since that time to develop preliminary recommendations. 7/19/83 _ I EItIAL_BEEQBI_QP_IEle_ SIAIE_SQALS_ANQ_EQLIQx_EQABQ_aQ8BA BQUE QbAEALItl_QABE_tEEQS_QE QLQFB_AQQLIS People are living longer today than over before. In addition. the baby—boom cohort of the 1940s is growing older and will soon swell the ranks of those over age 65. Between 1980 and 20000 the number of older adults in North 'Carolina is expected to increase substantially. perhaps reaching one million. If this occurs, one of every eight North Carolinians will be sixty—five or older. Older adults are more likely than younger persons to suffer from chronic and disabling conditions. Among the most frequent chronic conditions and impairments for non—institutionalized older adults are arthritis, which; affects 44% of those over age 65 to some degree; reduced vision. ;22%; hearing impairment, 29x; heart conditions. 20x; and hypertension iti 35%. On the average. older persons experience 5.5 weeks of short—term restricted activity per year. (1) The frequency of illness and chronic conditions among older persons points to the need for a continuum of care services to accommodate different and changing needs for care. 1 Related to the greater frequency of chronic conditions among older parsons is their greater utilization of health care services and use of more intense services. Therefore• the cost of health services for older adults is generally higher than for the population as a whole. In recognition of the special and growing health needs of older adults. the Commission on The Future of North Carolina included the following goals and recommendations in its final report: QQAL: T be responsive to the health—care needs of an aging population. B#s<QmmgaSIMI4201 Increase incentives to encourage health personnel to undertake and/or update training in geriatric and gerontological specialties; and insure the availability of adequate instruction. BitommaoSh lonx 'fake the following actions to insure the provision of long-term care services to meet the social and health needs of the aging population: _ 3 a. Examine current state and federal legislation and regulations, and seek waivers or changes appropriate to the goals of helping the aged remain independent and encouraging and assisting families to care for their disabled elderly members. b. Begin now to estimate the need for institutional long-term care for the aged and to make provisions that will assure the availability and affordability of such care. (2) The Work Group on Health Care Needs of Older Adults was appointed in April of 1983! by the State Goals and Policy Board to study these issues and to develop recommendations aimed at furthering the state's progress toward the goal and recommendations identified by the Commission on the Future. The Work Group met five times between May and July to develop preliminary recommendations. On August 9. 1983. a policy seminar was held to broaden the base of expertise brought to boar on the topic. Almost 100 persons attended the seminar and offered suggestions for revising and strengthening the Work Group's recommendations.! The Work Group met for a final time following the policy seminar to make final revisions to its recommendations and paper. At that time. they also voted to highlight three of the nineteen recommendations as those most requiring immediate action in order to facilitate progress toward the goal of increasing responsiveness to the health care needs of North Carolina's aging population. These were recommendations 2. 3, and 8 in the report that follows. This report was presented to the State Goals and Policy Board on September 1: 1983 for its consideration. 1 2 { A9cay8QUUR The approxiimately 23 million adults 65 years and older in the United States ale a haterogenous group in terms of health care needs. Although there is no simple way to categorize the health care needs of older adults. they generally can be divided into four groups with regard to their physical impairment level and resulting health care needs: (1) the 'unimpaired. (2) the minimally impaired. (3) the moderately impaired, and (4) the severely impaired. Approximately 60% of older adults Ore relatively unimpaired. 17% moderately impaired. and 23% severely impaired. (3) Independent) urchin uicggc_g gc_agul32 are persons capable of meeting all of their basic needs. Some continue to work full or part—time; others are recently retired. Although they may have mild chronic health handicaps or minor disabilities. their health is not a major limitation. Their major problems are likely to be adjustment to retirement and finding productive uses of their time. Health services for the independent elderly center primarily on prevention and health maintenance (physical and mental health). The maintenance of informal support natworksis important to the health care needs of the independent elderly. The mAfliMBLIX—. At24.024_4242d,y are individuals who have some disability. They generally are only mildly handicapped. usually retired. and in the late 60s and 70s. These persons usually have some slowly advancing :disability but maintain themselves satisfactorily in their own homes With some family help, community service or planned program. Special needs may include the provision of services that they once performed for themselves. and continuance of diagnostic programs. Problems of concern among their group include medication misuse, health maintenances and ;financial status. The gQsjgci. aY_imRaica4_21garlx are likely to be unable to remain in the community Without the help of others. With a variety of health, social, housing, land other services they can continue to live independently. In most cases some services must be brought to them. Typically, these individuals are in their mid 70s or older. Impairments are usually due to advancing physical infirmities and/or disease such as higher incidence of malnutrition, debilitating physical diseases progressively impaired sight or hearings and in a small proportion, mental confusion. The moderately impaired are likely to be living at or around the poverty levels many having exhausted any life savings. Because of their deprived circumstances and poor housing. these adults comprise one of the most financially—needy and services—needy groups in the population. Any change in their life situation threatens their current status. Needs include evaluation and maintenance of health and help in meeting daily basic needs. 3 The Syyacsay-3IDgs7irgd-414frly are usually in their late 70s and older. When institutionalized they often have advanced and frequently painful infirmities of old age requiring a comprehensive program or care or supervision generally beyond the capabilities of their family or of availablelcommunity-based services. They often show chronic confusion or disorientation. or behavioral disorders. Because of the financial status of the majority of the severly impaired. they are preponderantly medically indigent and must generally look for institutions that accept Medicaid clients. In institutions as well as the home. they r1 equire a range of human services. The diversity of care needs experienced by those with varying degrees of physical impairment points to the need for a continuum of care services for older persons. This need was one of several explored by the work group. Between 1950 and 19750 94 to 95 percent of the aged have resided in non-institutional settings. Although the percentage of senior citizens residing with their adult children has been declining (from 21 percent in 1950 to 12 percent in 1970). data indicate that this is attributable to an increase in the numbers of non-dependent aged choosing independent living arrangements rather than a decline in the willingness of families to provide care for their older members. Since 1970, only 5 to 6 percent of the aging population have been residents in institutions. ' Most of the institutionalized senior citizens are in nursing homes. and various types of homes for the aged; a declining number are in mental hospitals.(4) Even severely handicapped older persons are. for the most part. cared for in noniinstitutional settings. usually by family members or friends. A comparison of rates of institutionalization with rates of handicapping conditions reveals that most of the handicapped aged are not receiving institutional care. Nationally. twenty-one of every 1,000 adults between sixty-five and seventy-four are in institutions. and 83 per 1.0001are more or lass handicapped. Ninety-two of every 1,000 aged over seventy-four are institutionalized. but 162 per 1.000 are handicapped. These comparisons are striking, despite the fact that not all residents of long-term care institutions are handicapped. (4) Despite the !small proportion of elderly utilizing institutional long-term care facilities. the number and size of these facilities has increased dramatically over the past 15 years. By 1978. there were 18.722 long-term ;care facilities in the United States and the number of beds grew from 51j0.000 in 1963 to 1.349.000 in 1978. (About 10 percent of those beds were used by patients younger than 65.) Total costs for these facilities Also increased rapidly - more than $22 billion in public and private funds were spent in 1981. Federal and state Medicaid paymentslare predicted to increase from about $8 billion in 1980 to as much as $31 billion in 1990 under present conditions. (5) North Carolina currently spends more than 45 percent of its Medicaid budget for institutional long-term care. (6) 4 3 There is substantial evidence that many elderly persons have been unnecessarily placed in institutional care facilities* According to a 1977 Congressional Budget Office survey, some 10 to 20 percent of the individuals in killed nursing facilities and 20 to 45 percent of those in intermediate care facilities were receiving unnecessarily high levels of care. (7) 1 The effect of this unnecessary institutional placement on rates of institutional utilization are unclear. In many places there are waiting lists fOr these facilities so those placed there unnecessarily might have their places filled by others, with a resulting maintenance of the overall rate of institutionalization among the aging. However. most individual J1 prefer to remain in their own homes or to live with family or friends. There is evidence that unnecessary institutional placement reducels the capacity of an individual to remain independent. Persons institutionalized for longer than six months often have depleted their slayings and lost their residences, and many have experienced a deOine in their ability to meet their own basic needs or experienced mental deterioration because of lack of independence and self—determination. Because North Carolina placed a cap on the expansion of nursing home beds in 1981, it is possible that the state's current rate of inappropriate institutional placement is low. However, the growth in North Carolina'slolder population, particularly among those over 85 and living alone, will likely require some future expansion of both skilled nursing and intermediate care facilities. Any expansion should be regulated to insure that inappropriate placements do not occur. that the emphasis is en the most severely impaired, and that options for community based services are available. There has recently been increased utilization of home care services. AlthoUgh federal programs currently provide or pay for some home health services, there is wide—spread interest in expanding the availability and coverage of this care. This interest was evident in the 1981 White House Conference on Aging, in several congressional hearings on the Subject, and in congressional legislative proposals, and is partly the result of a perception that expanding these services could reduce the use and costs of institutional long—term care services. Additional community—based services are also seen as improving the health, sense of well—being, and independence of the chronically ill elderly by providing a continuum of services more appropriate to their care needs and more responsive to their wishes. Itit-neelLEMALOWINUIRLDE-GABg IbiAlmnod-f2c_EximadssUottiamt_Stritigirs Five major 4derel programs currently fund most of the delivery of in—home services—rModicarer Medicaid, Title XX of the Social Security Act, Title III of the Older Americans Act and the Veterans 5 Administration. The largest expenditures are under Medicare, a program authorized by Title XVIII of the Social Security Act that provides broad health insurance coverage for most people who are 65 or older and for some disabled people. An estimated $1,146 billion was spent in fiscal year 1982 on Medicare benefit payments for home health services, a sharp increase over the $287 million spent in fiscal 1976. Some of the growth in expenditures is the result of increased use---the number of home health visits reimbursed under Medicare has doubled over the past 10 years although present law continues to be biased toward institutionalization. (5). Medicaid i a federal and state program authorized by Title XIX of the Social Security Act, through which the Federal Government pays from 50 to 78 percent of the state costs of providing health services to the poor. It also Covers home health services. Nationwide, the number of recipients of these services increased from 109.900 in 1973 to 358.400 in 1979, more than a threefold increase. Expenditures rose from $25. 4 million in 1973 to $263.6 million in 1979. Two other programs that cover some variation of home health care include Title XX, which spent $530 million in Ifiscal 1978 on home—delivered services to the economically needy. and Title III of the Older Americans Act, which spent approximately $43 million in fiscal 1980 on home—based services to the elderly. (5) In spite of' the growth in expenditures and participation in home—based serviCes, there is expanding support for increasing coverage to eligible individuals not currently receiving such services. Also, because individuals with long—term—care needs may require a range of economic, social, mental health, and medical services, there is interest in adding services to those currently covered by federal programs. Support for these changes comes from the belief that there are major gaps in the current health care system and also that additional resources will be necessary to meet the demands of a growing elderly population. The number of North Carolinians aged 65 and older grew from about 300.000 in 1960 to 600.000 in 1980, and is expected to increase to about one million by the year 2000. The proportion of elderly in the population also increased from about 7 percent in 1960 to more than 10 percent in 1980, and is expected to exceed 13 percent by the year 20004, The largest percentage increase in the population of the elderly has occurred among people 75 and older. The largest growth in this age group has been among women: many of whom are widows living alone, and needing some help from families, friends or community agencies in orderl to maintain their independence. 1 Iba-Esalualal_lar414usiog_Ionii:Olgoml_Esotogiiucts While expandplg in home care services is considered to be a way of meeting the needs' of a growing older population, it is also seen as a way of helping some chronically ill elderly avoid or postpone nursing home or hospital 'care. Because of the high cost of these institutional services, reduction in their use could produce substantial savings. In North Carolina, fetal expenditures for hospital care, for example, 6 ' I reached $2.7 billion in fiscal 1931 , over 43 percent of which was paid for by the federal government. A large proportion of these expenditures were for hospital care for the elderly---in 1978. approximately 43 percent of national public hospital expenditures went for services to patients 65 or older. Hospital cost savings should be achieved if providing home health care reduces hospital use by elderly patients. (5) ! ! Significant growth has also occurred in nursing home expenditures. For the elderly.1 nursing home care is second only to hospital care as the most expensive health service. Nationally. nursing home care expenditures totaled $20.7 billion in 1980. In North Carolina, public expenditures foci nursing home care (including skilled and intermediate care) were almost $9 million in Medicare payments, and almost 3148 million in Medicaid payments in 1981. About 70 percent of the public funding of nursing home care is for individuals 65 years of age and older. (5) 1 Expanding the availability of community-based services is being widely considered as a way of reducing the growth in nursing home costs. As pointed out earlier, studies indicate that some nursing home patients do not need the level of care provided in an institution and could remain in their own homes if community-based services were adequate. In response to this finding, a recent Congressional Budget Office report proposed a method for slowing the escalation of long-term (that is, nursing home) care expenditures under Medicaid.That method would impose a formula-determined ceiling on federal grants for long-term care expenditures and also give the states greater discretion in managing the delivery of these services. CBO estimated that federal expenditures would be reduced by about $3.4 billion for nursing home costs from 1983 to 1987 by the states expanding their in-home services. However, whetherjrFederal costs would actually result in a reduction in total health costs would depend on the extent to which expanded home health care achieved institutional savings for the present population. With a growing older population, taking care of more elderly for the same total expenditures and substantially retarding increased costs will be critical: IMMISMIOIX-AD_ DIJAD2-31t1a#34132 Another area of importance in the expansion of home health care is the potential for improving the physical. mental, and social well-being of the elderly. 'When confronted with the need for long-term-care services becausejof functional limitations or disabilities, the elderly usually prefer to receive assistance in their own homes rather than in institutions or other group care. Improvements in client situations are generally expected whenever the elderly are able to receive care in settings they choose. 1 As the home ;health care system currently exists, there are problems in obtaijning community-based long-term-care services. Without adequate community services. some chronically disabled elderly may deteriorate unnecessarily and thus become less able to function 7 ineependently. In many areas, particularly rural ones, community-based services do not lexist or are in short supply. Lack of available services may aide be a problem in large metropolitan areas. Even where the level of comunity-based services is most adequate, individuals can find it difficult to obtain appropriate care because of fragmentation, lack of coordination among the different providers, or ignorance of available resources. People with long-term-care needs who can live in the community often require multiple services---whether home health care, home-delivered meals, chores, transportation, and so on---that are usually available through, not ones but several, federal, state, and local programs, usually with different eligibility requirements, financing mechanisms, and quality of service. Expanded home health carer by matching service to need, can improve the health, social and psychological well-being of the elderly. SacitimAymilabilitx_imAntb_Cacalion Under the Title XX program some services are mandated (counties must provide thee services) while other services are optional (counties can provide these services if they so choose and have the funds). Therefore, the types of social support services available to older adults vary among counties. To meet licensing requirements and "conditions for Medicare participation" a home health agency is required to provide nursing services and one of the following; occupational therapy, speech therapy, physical therapy, medical social services, or home health aide. Medicaid Will reimburse providers for all of the specified services, AlthoUgh every county is served by a home health agency the scope of services varies substantially among county agencies. In 1981-82 home health agencies in North Carolina offered, on the average, 3.8 services. Thirty-eight home health agencies, or 44 percent, offered two or three services. Of the 86 agencies providing reporting information, half of the total visits (50.37Z) were for nursing services. Home health aide visits accounted for the second largest number of visits, 28 percent, and physical therapy was the third with 15 percent statewide. The above statistics indicate that home health agencies tend to be small operations !which primarily provide nursing services. Service capacity of home health agencies in North Carolina could be expanded both in terms of the scope of services and the number served. Also, considering the role that social support and other similar services play in assisting individuals to maintain their independence, home health agencies should expand their capacity beyond the provision of the basic nursing' care services to include other services for which Medicaid provideslreimbursement. IllaibillIx_GaIsCis In addition to the uneven provision of services within and among counties, access to services is limited for older North Carolinians by eligibility criteria. Eligibility criteria applied in programs designed to address health needs of older adults are too restrictive within programs !and often conflict across the various programs. For example. a program might apply eligibility criteria to determine if persons are eligible for health services and another program might apply a different set of eligibility criteria to determine if they are eligible for sociial support services. The persons may need both health and social support services in order to maintain functional independence inItheir own homes. Further, criteria within discrete programs are oftlen too restrictive. For example, under the Medicaid program. in order for a person not eligible for Aid to Families with Dependent Children (AFDC) to become medically needy to receive home and community-based (long-term care. that person has to spend-down to an income allowance! of $175 a month or a total of $1050 for six months. Out of this income allowance a person would have to pay for rent. food, utilities and other types of subsistence. This specific criterion makes it almost impossible for a person to become eligible under the medically needy category. 52modacsis_Qf_cACS To insure an adequate quality of services. uniform standards of care are needed across and within the continuum of long-term health care. There areimany facets, ranging from standards for nursing homes to adult day care. Currently, no entity exists at the state or local level to insure that even higher than minimal standards are maintained in all programs and services contributing to the health care of older adults, f 014A91/ASS_ICAD OCIMIisQ1__A-@ UCitt-I2-ACQ22s_i9-CAt! The handicapping conditions experienced by many older persons have already been described. At the same time that these conditions increase older adults' needs for services. they often restrict their mobility and access to the ordinary sources of transportation. Frequently, inadequate transportation becomes the most severe barrier to meeting other needs. By limiting access to critical necessities such as nutritionally sound meals or health care. inadequate transportation can speed the deterioration of older persons and necessitate their reliance on substantially higher and more expensive levels of care. ZURORCi_fAC-EAAilsA Families are; the primary care givers for older parsons, supplying some 80 percent of all their supportive care. It should not be the aim {or the unintended outcome) of social programs to silo( ,3uag other sources of care when families can adequately provide it. However, families often do, need support in order to adequately meet the needs of their older members. To reduce the financial burden involved, several states have implemented, and others are considering, programs which 1 9 1j Awwwwwwerwile { provide a subsidy to families who care for functionally impaired relatives in their homes. BEORIU f AIIMILEO _ UEBQYIN_ AM:IEBb_C6BE_4EIUS5 We recommend that alternatives to institutional care be made available in all North Carolina communities. To this end, we recommend the following specific actions: Recommendation 1 : Strengthen home health agencies with the goal of a minimum of four of the federally specified services and extension to 24 hour. seven—day a week care wherever possible. Recommendation 2: Require all counties to assure adequate provision of basic in—home services (chores homemaker/home—health aides transportations meals. and adult day car* if feasible) financed by the Title XX program as well as other available resources. Recommendation 3: Use the same financial criteria for providing in—homi care from public funds as is used for institutional placement. Recommendation 4: Change the eligibility criteria of various programs for older adults to integrate health and socialsupport services around patient needs. Recommendation 5: Provide, through the Secretary of the Department of Human Resources, an entity at the state level whose responsibility is to design and implement a long—term care system and monitor the quality of performance of mutually agreed upon objectives for the full array of long—tiro care services for the elderly. Recommendation 6: Assure adequate funding for essential transportation for older adults. Recommendation 7: Enforce standards for quality programs, service's. facilities, and training. Recommendation 8: Advocate that the Legislative Study Commission on Aging develop family caregiver financial supports. such as: a. Tax reduction for care of dependent elderly. b. Taw reduction for home modification and special equipment. 10 Recommendation 9: Use a sliding fee scale to improve access to long—term care services for those parsons who do not meet categorical eligibility requirements. ICE_b.AEI?_IILINAUBE_C I_EFEEEI. IH _IV_IIMAELIYEBx_QF_A_GRQWING NUMB_AND_SGQEE_QE UEV ICES Although inrhome services currently account for a small share of total health expenditures, they constitute one of the fastest growing segments of health services. In FY 81-82, North Carolina spent over $15 million in public funds for such services. In order to support the needed and anticipated growth in these services, it will be necessary to develop funding mechanisms which (1) do not have an institutional bias, and (2) are tied to regulations which strictly prohibit both the ineffective provision of and inappropriate care. l Ciadmillism-AccOsol02 Mandatory preadmission screening has been viewed as one method of avoiding inappropriate institutionalization of individuals with functional impairments. Many states have instituted programs requiring preadmissionn screening for all Medicaid eligible clients who are at risk of being institituionalized. In North Carolina, House Bill 405. passed in 1981, established the Community Alternative Program (CAP) which includes voluntary prescreening, assessment and case management. Three counties, Catawba. Durham. and Moore. have chosen to implement CAP and five more, Asher Guilford, Hertford, Mecklenberg, Wake. and Watauga. are implementing prescreening and supporting expanded services to the extent that funds are available. Under HB 405!r a skilled nurse/social worker team screens elderly persons who are about to be admitted to an institution. In cooperation with clients' physicians, the team assesses the clients' functional levels to determine whether in—home services might meet their needs. thus preventing unnecessary institutional placement. This assessment is required for (1) adults who apply for admission to a skilled nursing or intermediate care facility whose care is to be paid for by Medicaid and (2) for thosolwho voluntarily request the assessment and are able to pay a fee. Counties may also choose to screen (1) adults applying for admission to a skilled or intermediate care facility who are likely to become eligible within six months; (2) adults applying for admission to a domiciliary home whose care is to be paid for by state/county special assistance. and (3) adults age 60 and over and disabled persons applying for other long—term care services funded under other sources. 4uanC1LYa:.EUDSltaa..tl1Cbaoia @Y In 1982, North Carolina applied for and was granted a Medicaid waiver (Section 2176) which allows Medicaid reimbursement of certain 11 ` I home health services, including homemaker/home health aide services, chore services, jpreparation and delivery of meals. adult day health. and the provision of home mobility aids. This waiver, referred to as the Home and Community Based Waiver, addresses the frequently identified "institutional bias" of current funding mechanisms for long—term care services. It supports the principle of providing care for older persons in the least restrictive environment possible. Unless federal legislation is enacted to extend its provisions, the Home and Community Based Waiver will expire on July 1, 1985. { BEGQOtlEbDBIt4N_FQB_IESUBING_ QIrI=EEEE&IIYE_HRYI&E_QELIYEBY Recommendation 10: Focus the provision of publicly funded services on the type and quantity of those services essential to the; support of older persons in the least restrictive appropriate environment and seek to enhance the role of the informal maintenance system. Recommendation 11: Institute, throughout the state, provisions for mandatory assessment of older persons determined to be financially eligible for public funding for some type of group care, taking into account the provisions of. and experience under, HB 405. Recommendation 12: Strengthen the educational program with regard! to adequate, but not excessive, supplemental health insurance coverage to Medicare. Recommendation 13: Develop a single, basic application form for all publicly: funded long—term care services. (Special requirements of individual programs can be handled through suppliients.) IbE-EBQYISIOL4EAUBLIII_CBBE: EEBSQNUEL dalIb_Ecalta sismalL_1Ad_Encongli miQ©gla In many instances, the training of physicians, nurses, and other caregivers does not adequately prepare them to meet the special needs of older persons. Particular needs include greater awareness of (1 ) the effects of social factors on the health status of older adults and (2) the availability of care options. Paraprofessionals provide beneficial services to older persons if properly trainedjand supervised. The supply of adequately trained providers is likely to lag behind demand unless efforts to provide special training and to develop incentives for trainees to enter these 12 1 . - 1 fields (such as !career ladders and competitive pay scales. ) are increased. Most referrals to in-home services occur through discharge planners in acute care hospitals or from physicians. According to a 1981 Inspector General' s report. many of these doctors and discharge planners know liIttle about community in-home services. According to the same study, physicians were minimally involved in planning home health care and in determining the services to be provided. fmmitx_mosLecigort12 As noted above, the primary sources of care and assistance for most older persons are family and friends. Caring for functionally impaired, chronically ill persons in the home can be vary difficult and exhausting for family members. Yet, families often do not know where to find the help they need. Outreach and support services to families, including consumer education about sources of support, training in the provision of care, and respite services would help families provide better quality care for their older members and, by increasing families abilities to cope with the demands involved, may reduce their need to turn to more expensive, higher levels of care. Family members could be trained1to train each other in the provision of care, making such a system anieconomical one to develop and operate. REMUtUDAIIRN3.201LIBERMIND_IUE-HOMISIQUAE_CABE Recommendation 14: Increase the emphasis on geriatric and gerontological care skills-training for all health related personnel, including physicians, nurses, social workers, and other hands-on providers of care. Provide funding as needed for such training. Recommendation 15: Strengthen discharge planning in hospitals and other institutions so that it begins at time of admission and involves sufficient knowledge of the home situation so that an appropriate plan will be developed. Recommendation 16: Provide outreach and support servicessincluding such services as consumer education, training in the provision of care, and respite services, for families with dependent elderly. 13 Btflat_Itle_EROMEM_AtOINS1__EREYENIION Litesamas America' s lifestyles contribute, in large measure, to many of the disabling conditions which we suffer in our later years. Thus, discussion of trie health, and resulting health care needs of the state's future elderly population must focus, in part, on the lifestyles of its younger population. As the report of the Commission on the Future neted, such preventive measures as exercise, proper nutrition and weight control, stress management.and the elimination of substance abuse (including the unnecessary or excessive use of medications) should be promoted in the public and private sectors, and early education about the health effects of these factors should be part of the public school curriculum. Anclx-Irdscimal4n Once health1 problems do develop, their identification and early treatment can often retard further deterioration. Yet, because of financial limitartions, many older persons do not get the primary health care which can identify potential problems before they become severe. Particular ttention should be given to the medication regimens of older adults. Because they often suffer from chronic and acute illnesses, many elder persons take a number of medications. The effects of medication can vary widely with the age of the patient. Yet, the health personnel prescribing and dispensing such medications frequently are not well enough informed about the effects of the medications on older persons, possible drug interactions, or the special difficulties an older person may encounter in managing a number of medication types and dosages. A related naed concerns the costs of medication for older adults. Because they often need large quantities of medications over long periods of time, ! this is a particularly important concern for older persons. Often, a little more thought given by the physician to such things as the brand of medication prescribed or to the frequency with which he has the ' prescription refilled can result in considerable cost savings. IOadegVNIS—IDGDW--01=12C—I2—Ind212201121MS An adequate ; income is essential to the well—being and continued independence of Older adults. It is well documented that when an older person has enough money for daily needs there is less demand for a variety of community services. Since such services are expensive to provide, it is cost effective for older individuals to be able to pay for ordinary needs of daily living, leaving the agencies free to concentrate on special needs that require special expertise. With about BO percent of the supportive needs of older persons provided by families and friends, a guaranteed income would enhance the informal support system. 14 A In North Carolina the poverty rate for 65-plus persons was 24 percent, compared to 15 percent for all age groups in 1979. The problem is particularly acute for women and minorities. Almost half of 65-plus women live alone. Their median income in 1981 for 65-plus women was $4,7571, or about 58 percent of the mens income. Thus the median income for older women in 1981 was at approximately the poverty level, of 1983. When the near poor are added, the proportion of older women with meage!r incomes increases even more dramatically. Minority elderly also facie particular problems since their lifelong incomes tend to be lowe givinIc them fewer resources to fall back on as they grow older. The cost of' bringing all older people up to the current poverty level is not unreasonable. More effective use of SST to supplement inadequate Social Security payments, efforts to include all eligible people in the Food Stamp program and in other programs for the very poor would reduce the numbers below the poverty level. A major thrust must be to improve the financial eligibility criteria so that maximum use can be made Of already available resources. If a decisibn were made to raise all, older people out of destitution, a timetable could be set with the floor at. say BO percent of the poverty level in 1985. 90 percent in 1987. and 100 percent in 1989. The time to act is Dow when the economy is in an upturn. BCOMEURAII013-EQR-EBUNIUN-2E-UEALIKANALEB3 ANOUGALDERADULIS 82g2mmendalatmaZ: Promote through the public and private sectors the development of life—long healthy life styles as major preventive methods, including exercise. community involvement, proper nutrition, stress management. weight control, and the elimination of substance abuse and unnecessary use of medication. EscgmmendaIign_lp: Focus more attention on the medication regimes of older people, including the differing effects of medication mith respect to age and methods for cost containment. Emphasize the-roles of individuals, families. pharmacists, physicians, and other health care providers. Bmgmindgligo_1211 Address the immediate and long—range problem of inadequate income among older citizens. Current programs and regulations should be studied and modified to assure the ability of older persons to meet basic needs such as food, clothing, shelter, health care, and transportation. 15 . 1 .. 1 1 I MEM 1 . State Health Planning and Development Agency. "Health of the Elderly Working Paper." N. C. Department of Human Resources, 1982. 2. Report of the Commission on the Future of North Carolina: Goals and Recomme dations for the Year 2000, March 1983. rl 3. Dr. Vire Kivett, personal communication. I 4., Robert M. MOroneYr EAL011124_ 2Q1B1-.51/CYigl2L-2134.-5SIgliaBl-E2ligYi Ib.2-122.112-21-45baraii-E21Q202ibili3Ye (Rockville. Md.: National Institute of Mental Health, 1980) . I 5. U.S. General Accounting Office. "Report to the Chairman of the Committee on Labor and Human Resources, United State Senate: The Elderly ShoUld Benefit From Expanded Home Health Care But Increasing These Services 'pall Not Insure Cost Reductions." GAO/IPE-63-1, December 7. 1982. 16 WORK GROUP ON HEALTH CARE NEEDS FOR OLDER ADULTS kCecil Brooks Maola Jones Ellen Winston, Chairman Cullowhee State Health Planning Governor's Advisory Council Division of Facility Services on Aging Raleigh Raleigh Dorothy N. Allen Vira R. Kivett Betty Yelton Wake Co. Opportunities, Inc. School of Home Economics Garner Raleigh UNC - Greensboro Greensboro Paul Beck Shirley Marshall Wake AHEC Orange Co. Commissioner Raleigh Chapel Hill Betty B. Creech Daniel D. Mosca New Hanover Co. Health Dept. Board of Directors Wilmington N.C. Health Care Facilities Association Raleigh Lisa R. Gwyther Donna Nixon Duke University Medical C nter Division of Aging Durham Raleigh *SGPB Liaison Vercie Hardee Ted Parrish Dept. of Community Colleges Special Assistant on Long-Term Raleigh Care Assistant Secretary for Intergovernmental Relations N.C. Dept. of Human Resources Raleigh Frances Hutchinson Mary E. Snyder President, NCHCA Wake Co. Health Dept. Forsyth Co. Health Dept. Home Health Coordinator Winston-Salem Raleigh - ' •: , , ORANGE COUNTX 27 Of BOARD OF COMMLSSIONERS Action Agenda _ ACTION AGENDA ITEM ABSTRACr Itemtb124 IT:0MM DATS_Jentember 6_ _19EL Subject: Animal Control • I lePartment: Healthl I Public Rearing: "_ yes X no, 1 ••••••••■•••••• •■•••■•11.F Attachrrent Information Contact: Commissioner WiIThoit 1 . Summary of AmendMents Jerry Robinson 2. Proposed Animal Control Ordinance Amendments Phone Number: 732-8181, Ext. 311 PURPOSE: In general, the purposes of this ordinance are to define and prohibit the abus of animals; to establish an animal cruelty investigation effort; to define and remedy public nuisance problems that are dangerous or prejudicial to public health, property, and livestock; to remedy the emmission of noises that annoy or frighten citizens; to regulate, restrict, Or prohibit the keeping of strays ; to prevent dogs from going at large and breeding iii such manner as to maintain a superabundence of dogs and engaging in pack activities; to permanently restrain vicious dogs; to establish a citizens complai process; and, to establish civil fines for violation of the ordinance. NEED: Numerous citizens are bitten each year (some persons sustain serious injury requiring hospitalization); the Animal Control Officers (ACOs) of the Health Department handle around 10 bite cases per month; dogs cause bicyclists and motorcyclists to have accidents; in some areas jogging and other outdoor exercise is hazardous due to dogs; livestock are killedlby dog packs; roaming dogs destroy property; citizens complain they are not able to enjoy their own yard due to roaming dogs; the ACOs respond to about 170 citizen complaints about dogs per month in the non-incorporated areas of Orange County. Several major cases of cruelty to animals are discovered each year. We lack a systemati2 effort to discover tike true extent of this problem and stop such practices . Orange Count does not now have an! ordinance other than the minimal State Regulations. The State Regulations are inadequate for the control of roaming and biting dogs - often our ACO's are unable to help people due to lack of regulations . ; IMPACT: A) Increased safety and security of citizens and property from animals . Provide -ACO!s .with necessary regulations to do their jobs. C) Establish an animal cruelty investigation/prevention program. D) Minimal additional county cost but increased revenue due to fine collection. 00 NOTICE OF PROPOSED AMENDMENTS 1 of 1 ORANGE COUNTY ANIMAL CONTROL ORDINANCE PUBLIC COMMENT WILL BE RECEIVED at THE REGULAR MEETINGS of 1 ORANGE COUNTY BOARD OF COMMISSIONERS on September 6, 7 : 30 PM, Court House, Hillsborough and September 20, 7:30 PM, Old Post Office, Chapel Hill The Ordinance amendments would A. Prohibit owners from allowing animals to create a nuisance by: 1 1. Being diseased and dangerous to public health; 2. Damaging property (such as , livestock, garbage containers , gardens , flowers; shubbery, trees) ; 3 . Barking; whining, or howling repeatedly; 4. Chasing; snapping or barking at pedestrians, bicycles, or vehicles while unrestrained and off the owner's property; 5. Roaming;while in heat; 6. Being alvicious animal that is unrestrained at any time or place , B. Require that dogs not be allowed off the owner's property unless restrained by competent person. C, Define and prohibit the abuse of animals by: 1 1. Deprivation of adequate food and water, 2. Cruel treatment, 3. Dog fighting or baiting, 4. AbandonMent. D. Require persons who injure animals with motor vehicles to render assistance and notify authorities . 1 E. Prohibit the keeping of strays , F. Establish alcitizen complaint process about ordinance violation. 1 G. Establish civil penalities for ordinance violation: 1 1. Animal Impoundment - Certain violations of this ordinance will result in animal impoundment at the Orange County Animal Shelter at the owner' s expense 2. Civil - 1Violation would be subject to a $25 civil penalty to be paid within 72 hours after issuance of the citation. An additional $25 penalty would be charged for failure to pay. * * * * * * * * I* * * * * * * * * * * * * * * * * * * * * * * * * * * * 1 005 - DRAFT AMENDMENTS TO AN ORDINANCE TO PROVIDE FOR ANIMAL CONTROL AND PROTECTION IN ORANGE COUNTY, NORTH CAROLINA BE IT ORDAINED that the Board of Commissioners of Orange County hereby amends the Ordinance to Provide for Animal Control and Protection in Orange County, North Carolina by adding the following: Sction VI. As used in this ordinance, the following terms mean: 1. Adequate Feed: The provision at suitable intervals, not to exceed 24 hours, of ;a quantity of wholesome foodstuff suitable for the species and age, 1 Ho sufficient to maintain a reasonable level of nutrition in each animal. us Such foodstuff shall be served in a sanitized receptacle, dish, or container. 2 Adequate Water: A constant access to a supply of clean, fresh ,•1 potable water provided in a sanitary manner or provided at suitable intervals for g the species and not to exceed 24 hOurs at any interval. 3: Animal: Any live, vertebrate creature specifically including but not limited to dogs, cats, farm animals, birds, fish and reptiles. 4! Animal Control Shelter: A place provided and operated by Orange 1 County directly or by contractual agreement, whether or not jointly with another 8 governmental unit, for the restraint, care and disposition of animals. 5: At Large: Any animal shall be deemed to be at large when it is , off the propi7ty of its owner and not under the restraint of a competent person. 6. Competent Person: A person of suitable age and discretion to keep an animal under sufficient restraint and control in order to prevent harm to 1 person and property. 714 Cruel and Cruel Treatment: Shall be held to include every act, omission, on neglect whereby unjustifiable physical pain, suffering, or death is , 1 ■ , ,.. 006 caused or ptrmitted; but such terms shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, lawful activities sponsored by agencies conducting biomedical research or training, lawful activities for sport, the production of livestock or I poultry, or the lawful destruction of any animal for the purpose of protecting such livestock or poultry. 1 8. Exposed to Rabies: An animal has been exposed to rabies within 1 the meaning lof this ordinance, if it has been bitten by, or otherwise come into 5 ,.. < contact with any animal known or suspected to have been infected with rabies. 9. Harbor: An animal shall be deemed to be harbored if it is fed or • sheltered by the same person or household for seventy-two (72) consecutive hours .. - or more. d _ E O 10 Health Department: Orange County Health Department. U. Health Director: Director of the Orange County Health I Department. i 12L Keeper: A person having custody of an animal or who keeps or al 2 harbors an animal or who knowingly permits an animal to remain on or about any i premises occupied or controlled by such person. 8 13. Owner: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner of an animal is responsible for the care, actions, and behavior of the animaL 14t. Person: Any individual, corporation, partnership, organization, or institution commonly recognized by law as a person. 15 Public Nuisance Defined: Actions Deemed Prima Facie Evidence of a Public Nuisance: The following activities of an animal or conditions 00' maintained or permitted by the animal's owner or keeper shall constitute a public nuisance whether said acts are committed on or off the premises of the owner or keeper. (a) The animal is repeatedly found at large off the premises of its owner or keeper and not under the restraint of a competent person. (b) The animal repeatedly damages the property of anyone other than its owner or keeper, including, but not limited to, turning over garbage containers or damaging gardens, flowers, shubbery, vegetables or trees. (c) The animal is vicious. (d) The owner or keeper maintains an animal in an environment which would constitute "cruel" treatment. (e) The animal barks, whines, or howls habitually and repeatedly. a (1) The animal is diseased and dangerous to the public health. (g) The animal habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicycles or vehicles and is not in an enclosure, chained or on the owner's or keeper's property. (h) The owner or keeper falls to confine a female dog while in heat (estrus) 'in a building or secure enclosure in such a manner that she will not 8 be in contact with another dog, nor attracting other animals; provided, this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner or keeper of an animal involved in the breeding process. 16.1 Restraint: A dog is under restraint if it is controlled by means of a chain, leash or other like devise; is under direct control and is obedient to commands; is on or within a vehicle being driven or parked; or is within a secure enclosure. ooa 17', Security Dog: Any dog used, kept or maintained for the purpose of protecting any person or property. Any such dog shall be further classified as a patrol dog, sentry dog, or watch dog. (a) Patrol dog - A dog that is trained or conditioned to attack or otherwise !respond aggressively, but only upon command from a handler either off or on lead. (b) Sentry dog - A dog that is trained or conditioned to attack • or otherwise ■respond agressively without command. (c) Watch dog - A dog that barks and threatens to bite any intruder and that has not been specially trained or conditioned for that purpose. 18. Stray: Any dog wandering at large or lost, does not have an O• owner, or does not bear evidence of the identification of any owner, or any dog whose owner, if determinable, has failed to pay for and procure a dog license tag 2• or vaccination tag. 19.1 Suspected of Having Rabies: An animal which is unvaccinated LI against rabies which has bitten a person or another animal. 20. Veterinary Hospital: Any establishment maintained and operated • by a licensed veterinarian for surgery, diagnosis and treatment of diseases and 8 injuries of animals. 21.i Vicious Animal: Any animal which constitutes a physical threat to human beings or other animals by virtue of an unprovoked attack or an attack of such severity as to cause property damage or physical injury to a person or another animal. Sec ition VII. The Orange County Animal Control Program, as herein described and as otherwise described in other County ordinances related to animals and as otherwise described in the law of North Carolina, shall generally . , 1 ' 009 1 , ' be administ4ed by the Orange County Health Director. Specifically, A: The Health Director shall designate employees or agents enforcing this! ordinance as Animal Control Officers and Rabies Control Officers. i I , Animal Cruelty Investigators shall be appointed by the Board of County Commissioners as provided by law. In the performance of their duties, Officers i 1 and Investigators shall have all the powers, authority, and immunity granted under 1 I . this ordinancp and by the general laws of this state to enforce the provisions of ; this ordinance, and the laws of North Carolina as they relate to the care, i,- ,-, treatment, control or impounding of animals. i B.;1 Except as may be otherwise provided by law, no officer, agent, • or employee of the County charged with the duty of enforcing the provisions of 1 this ordinance or other applicable laws, shall be personally liable for any damage 0 = that may accrue to persons or property as a result of any act required or g O 1 g pemitted in the discharge of such duty unless he acts with actual malice. 1 , cz C. It shall be unlawful for any person to interfere with, hinder, or 1 c E . molest any Animal Control Officer, Rabies Control Officer, Animal Cruelty g i g Investigator, police officer, veterinarian, or other duly appointed agent while in I ! • the performance of any duty authorized by this ordinance or to seek to release ! 8 any animal in the custody of said agents, except in the manner as herein ! provided. 1 D. ; Animal Control Officers, Rabies Control Officers and Animal Cruelty Investigators are not hereby authorized to carry on their person firearms of any kind ! except as provided herein. The Orange County Animal Control Program may 1 store at the Health Department or carry in departmental vehicles I firearms approved for use, and use such firearms when necessary to enforce sections of this ordinance or under applicable law for the control of wild, vicious, I i ! 01 or diseased animals. Et The employees of the Animal Control Program shall: L Have the responsibility along with law enforcement agencies to enforce all laws of North Carolina and all ordinances of Orange County pertaining to animals and shall cooperate with all law enforcement officers within Orange County in fulfilling this duty. 2. Enforce and carry out all laws of North Carolina and all ordinances of Orange County pertaining to rabies control. 3. Be responsible for the investigation of all reported animal bites, for the quarantine of any dog or cat exposed to or suspected of having rabies, for a period of not less than ten (ICI) days, and for reporting to the 1 Health Director as soon as practicable the occurrence of any such animal bite and the condition of any quarantined animal. 4. Be responsible for the seizure and impoundment, where Ideemed necessary, of any dog or other animal in Orange County involved in a violation of this or any other County ordinance or state law. 5. Investigate cruelty or abuse with regard to animals 0 separately or with a duly appointed Animal Cruelty Investigator. 6. Make such canvasses of the county, including the homes in the county, as necessary for the purpose of ascertaining compliance with this ordinance or state statute. 7. Keep, or cause to be kept, accurate and detailed records of: (i) Seizure, impoundment, and disposition of all animals coming into the custody of the animal control program. (ii) Bite cases, violations and complaints, and investigation 01 of same. (iii) Any other matters deemed necesary by the Health Director. 8. Be empowered to issue notices of violation of this ordinance in such form as the Health Director may prescribe. Section VIII. It shall be unlawful for any person who causes injury to an animal by running over or hitting any animal with any motor vehicle to fail • to stop at once and render such assistance as may be possible. Any person 5 • injuring an animal shall notify immediately (1) the owner(s) of said animal (if known or ascertainable with reasonable efforts made to locate the owner) or (2) an Animal COntrol Officer, and (3) one of the following: (a) the Sheriff's department or (b) the local humane society. Section IX. The following acts or failure to act relating to the ci mistreatment of animals are unlawful and violations of this ordinance: A.1 It shall be unlawful for any person to subject or cause to be t subjected any animal to cruel treatment or to deprive or cause to be deprived any animal of adequate food and water. As used in this ordinance depriving an • animal or causing it to be deprived of adequate food and adequate water 8 constitutes cruelty as defined in this ordinance. All animal cruelty investigators appointed by the Board of County Commissioners as authorized by G.S. Section 19A-45 shall proceed in any case involving cruelty to animals as proscribed in Article 4 of Chapter 19A of the North Carolina General Statutes. B. , It shall be unlawful for any person to sell or offer for sale, barter or give away ;within the county baby chickens, baby ducklings or other fowl under six (6) weeks of age or rabbits under eight (8) weeks of age as pets, toys, premiums or novelties; provided, however, that this section shall not be construed 012 to prohibit the sale or display of such baby chickens, ducklings or other fowl or I such rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes other than for pet or novelties. C. It shall be unlawful to color, dye, stain or otherwise change the natural color of baby chickens or other fowl or rabbits. DI It shall be unlawful for any person to tether any fowl. E: It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or keeper, or to seize, 5 t.7 E molest or tei)se any animal while the animal is held or controlled by its owner or keeper or while the animal is on or off the property of its owner or keeper. F.I It shall be unlawful for any person to commit any of the acts zo made unlawfUl by the provisions of G.S. 14-362, as the same relate to a dog or dogs, or to commit any other act made unlawful by any other law of the State 1;2 of North Carolina relating to dog fighting or dog baiting. The repeal of such law or laws, of the State of North Carolina shall have no effect upon this Section, and the acts herein made unlawful shall, in the event of such repeal, be those referred to in said law or laws immediately prior to such repeal. G. It shall be unlawful for any person to abandon, leave, or forsake 2 8 any animal within the county. SeOtion X. It shall be unlawful for any person to keep any vicious, fierce or dangerous animal within the county unless it is confined within a secure building or en closure, or it is securely muzzled and under restraint by means of a leash, chain o I r rope and firmly under control of a competent person at all times. Section XL It shall be unlawful for any owner or keeper of a dog to permit it to run at large or be off the premises of its owner or keeper and not under the restraint of a competent person. Upon an Animal Control Officer's 013 observation of a dog running at large or off the premises of its owner or keeper and not under the control of a competent person, said officer shall impound said dog. Upon an Animal Control Officer's receipt of a complaint that a dog is running at laige or is off the premises of its owner and not under the control of a competent person, said officer shall investigate said complaint and upon a finding that there is probable cause to believe a violation has occurred, shall • take any action provided for by this ordinance or any State law as the circumstances may require. Selption XII. It shall be unlawful for an owner or keeper to permit an animal or animals to create a nuisance, or to maintain a nuisance created by an animal or animals. Compliance shall be required as follows: I - A. When an animal control officer or law enforcement officer CD observes a violation, the owner or keeper will be provided written notification of such violation and be given forty-eight (48) hours from the time of notification • to abate the nuisance. B. 1 Upon receipt of a written detailed and signed complaint alleging • that any person is maintaining a nuisance as defined in this ordinance, the Health 8• Director shall cause the owner or keeper of the animal or animals in question to be notified that a complaint has been received, and shall cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing. C.1 If the written findings indicate that the complaint is justified the Health Director or person duly authorized by the Health Director shall cause the owner or keeper of the animal or animals in question to be so notified in writing, and hall order abatement of such nuisance within forty-eight (48) hours O14 by whatever means may be necessary. In the event the owner or keeper of the animal or animals is unknown and cannot be ascertained, the notice and order, along with ;a general description of the animal or animals shall be posted for forty-eight (48) hours at the Animal Control Shelter and the county courthouse. If after forty-eight (48) hours of the date of receipt by the owner or keeper of the notice the nuisance is not abated, the animal creating the nuisance shall be impounded. Any stray may be impounded immediately upon the • Health Director's determination that it is creating a nuisance as defined in this 5 ordinance. After seven (7) calendar days of impoundment, the Shelter may allow the animal td be adopted or humanely destroyed according to its procedures. Section XIII. It shall be unlawful for any person knowingly and x intentionally to harbor, feed, keep in possession by confinement, or otherwise, any E dog that does not belong to him, unless he has, within seventy-two (72) hours 0 from the time such dog came into his possession, notified an Animal Control • Officer. A. Any animal which appears to be lost, stray or unwanted, not wearing a currently valid tax tag or a currently valid rabies vaccination tag as • required by state law or this ordinance, or not under restraint in violation of this 8 ordinance, mair be seized, impounded, and confined in a humane manner in the Animal Control Shelter and thereafter disposed of pursuant to procedures of the Animal Control Shelter. B. Impoundment of such an animal shall not relieve the owner or keeper thereof from any penalty which may be imposed for violation of this ordinance. C. I Any animal seized and impounded which is badly wounded or diseased (not a rabies suspect), and has no identification may be destroyed „ I . ! 01 1 i pursuant to procedures of the Animal Control Shelter. If the animal has 1 ' identification, the Animal Control Shelter shall attempt to notify the owner or keeper before disposing of such animal. Section XIV. It shall be unlawful and is a violation of this ordinance ; for any ani* owner, keeper or other person to fail to comply with the laws of North Caro lip la relating to the control of rabies. I Section XVI. Hospitals, clinics and other premises operated by 1 licensed veterinarians for the care and treatment of animals are exempt from the 5 1- provisions of 1 this ordinance except for the provisions relating to cruelty to animals and Fables control. Section XVII. The following penalties shall pertain to violations of i i x this ordinance. 0 1 Ai The violation of any provision of this ordinance shall be a §' 0 i g misdemeanor and any person convicted of such violation shall be punishable as g I ° provided in G.S. 14-4. Each day's violation of this ordinance is a separate z offense. Payment of a fine imposed in criminal proceedings pursuant to this ! 0 1 g subsection does not relieve a person of his liability for taxes or fees imposed I : under this ordinance. ! I 8 B. ; Enforcement of this ordinance may be by appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. 153A-123 (d) and (e). I I C. In addition to and not in lieu of the criminal penalties and other sanctions provided in this ordinance, a violation of this ordinance may also i subject the offender to the civil penalties hereinafter set forth. I 1. Such civil penalties may be recovered by Orange County in a civil action in the nature of debt or may be collected in such other manner as 1 i 1 I 1 01 prescribed herein within the prescribed time following the issuance of notice for such violatidn. 2. Such notice shall, among other things: (a) State upon its face the amount of the penalty if such 1 penalty be paid within seventy-two (72) hours from and after the issuance of the notice. (b) Notify such offender that a failure to pay the penalties within the prescribed time shall subject such offender to a civil action in the 1 nature of debt for the stated penalty plus an additional penalty in the amount of 1 twenty-five dollars ($25.00), together with the cost of the action to be taxed by ; the Court. 1 (c) Further provide that such offender may answer the said .9 notice by mai iling said notice, and stated penalty to the Health Department at a the appropriate address, and that upon payment, such case or claim and right of action by Orange County will be deemed compromised and settled. (d) State that such penalties must be paid within seventy- two (72) houT1 from issuance of such notice. Such notice shall further state that if such notice of violaiton is not paid within said seventy-two (72) hour period, 8 court action by the filing of civil complaint for collection of such penalty may be taken. 3. The Health Director is authorized to accept such payments in full and Mall settlement of the claim or claims, right or rights of action which Orange County may have to enforce such penalty by civil action in the nature of debt. Acceptance of such penalty shall be deemed a full and final release of 1 any and all !such claims, or rights of action arising out of such contended violation or violations. 1 0i 4. The civil penalty for violation of this ordinance is fifteen ($15.00) dolla s. Said penalty shall be paid within seventy-two (72) hours from and after the issuance of the notice referred to above. 5. The notice of violation referred to herein may be delivered to the person violating the provisions of this ordinance in person, or may be mailed to said person at his last known address. 6. In addition to the penalty prescribed in subsection (4) above, should it become necessary to institute a civil action to collect any penalty hereunder, the violator shall also be subject to an additional penalty of twenty- five ($25.00) dollars. 7. All penalties paid to the Health Department or as may be recovered in a civil action in the nature of debt as herein provided shall be paid 8' into the general fund of Orange County. 0 Section XVIII . This ordinance shall be effective Adopted this the day of 1983. ,T; 1 . . , . . . .. . • .. • . . , ' '•.: ".:'_-: '..•i•• ; ' -..._:. ."!';,'..:''': -:. .,..C.,,F,;\t.,z... ■-..!‘j,N ,;'• „ . .,.• -. ";•';'-1.'. . ,:-.7-. .' :- '..T. * ...:',.:;.11::.1 .^-*;.:-::71",77-■':■-': -' ' '''''.'''. Ea-kap OF' canIss-E5I-E-F-5 • :. -: - ; .-: _;:: •:•,--..--...-.:: •: :.- : . ,.; .,..;:.-s-:;;;,;_.,:.,,;-,s,„:..-•,.,.:,, ,-,,::-.,..;,;..s. , . _ ,,-;-;;;,..-... . • ...-77-..7.i,•:,,,,,,-;:;:,!::::-_,F,:: , - .. .. ,..: ;. :.,--.:.:1F-IL ., ...: ..,.....:-.7.,--7.".,..7.-1'T";":% . ^ '" :.'.. • ' " •' •'•'•.. . - ,v- • • ' -' P:::'..W.,4 1 • • It:PM r33-.D, - -''' ACING 2;G-0x/A 11'04 il,S-5721\-CT 1-11-'.r.LLING DA.T.T.' nber 6 19-83-- .. 1 . , . 1 . , , . I ., subje -lt: Fox Late Subdivision - Section One changed to Woodglen Section One . 1 • . . — 13.V,pa..r.inTent: Plannling . :_11. [—Pub—frd Hearing: - yes' . _ ..... ! • . I . . . . . „ 1- Attactiatellt(s) : CheCklist;. tax map r letter from DOT; Letter from Town Of Carrboro; InfOnzatioaCOntact; Marvin Collins ' Phone: Nt.r.s- er.-: .. 732-8181 EXT. 346 - . , • . . . . - . t °0.- : To consider approval of the Preliminary Plan for Woodglen Section One The propertyiin question is located in Chapel Hill Township off S.R. 1729 (Rogers Road) . It is know as Lot 26 of Tax Map 23 and is bordered by wooded and undeveloped land. The tract is designated as 20-Year Transition in the Land Use Man. 1 . There are ten (10) lots prdposed out of a 10. 15 acre tract. The maximum lot size proposed is 1 .51 acres, while the minimum lot size is 0.92 acres. The average lot Size is 1 .038 acres or 41 ,965 sq. ft. , excludihg rights-of-way. The property is zoned R-1 . . .. The proposed roads are to be constructed to State Department of Transportation standards. These standards require a 50 ft. right-of-way and paved travel . , surface. The tract isi located in the New Hope Rural Fire District. This district is served by the New Hope Fire Department located on N.C. 86 south. I The tract will be served by wells and on-site septic tanks. ! , . i . I I . IMPACT: Development of the subdivision would have minimal impact on the area. RECOMMENDATIONS:: ThelPlanning staff recommends approval subject to the following: I . „ I (1) IA. 10' x 70' 'sight distance be recorded at the intersection of . 1Huntsman Court and Tallyho Trail . The property lines should I•r...11,-,.. thic cinht dictance lina. Final approval of the grade rM-I <7 L(J� J `y °.r f -' -71w ? fA3()R SUBDIVISION CliECKLIS s. NAME OF SUBDIVISION Sect ion 1 014NER OR DEVELOPER James Rae Freeland �F.�c- .�..��' {�¢ra- irrrr -f-,}— ADDRESS East Coast Land Company TOIMSHIP CH TAY MAP 23 BLOCK C LOT 26 NAME OT SURVEYOR OR ENGINEER ENT 5ury - Major or minor subdivision, Total number of lots 10 To be developed in 4 phases, Total number of acres 10.13 Typical dwelling units at present pitin ar proposed____-1 CHOOL DISTRICTChaW H;11 WATER SUPPLY: Public(name) Community Individual X SEWAGE TREATMENT: Public Community Individual Septic Tank X Access onto State Road # 1729 :toad Standard: Public X or Private Class A, B. , C Existing critical areas such as streams { ), Flood prone areas { }, Historic Sites ( )> Other ( ), Explain: land uses in the general area and SKETCH PLAN RECEIVED (Date) 7127 -R3 Approved X Recommended anges PRELIMINARY PLAN RECEIVED (Date) 8 -10 -83 REVISED PRELIMINARY PLAN RECEIVED (Date) Preliminary Review by Health Department Ron Holdway 8 -8 -83 Erosion Control Officer 8 -5 -a idf - - Board of Education 8 -10 -83 Department of Transportation Au ust 11 1983 014ASA (if applicable) other Town of Carrbaro August 11, 1983 Mebane Preliminary Action by the Planning BoardRecommended approval sublect to stf -• ^- Hillsborough Preliminary Action by the Board of Commissioners - Orange /Alamance FINAL PLAT RECEIVED (Date) ( } All lots were approved by the health Department ( ) Lots failing Health Department approval are combined or listed properly on the plat { } Road Maintenance Agreement submitted (where applicable). Approved ( ) Improvements have been provided for; completed, bond, letter of credit, cash. Date { } Final 014ASA approval. (where applicable) on all plans & specifications. Date ( } Profiles and Sections Received ( } FINAL D. 0. T. approval on plat Final action by the Planning 3oard • ., ', w',»',-„,.-4. 1,7k,,,,,,-.•.,-.. ,...,• -t :..0• ,/ `�.1 •s ;h'.15.:x ,'rti • ,�. •- `• ',"r.4: r'•„• , 2,4 -...ti.: "«' i .".!7", '.. t r ,i .' : ?:• ,,,t14,* ;),:,' ..' 'ry ::: •'.L.• 1 'kips k .ry,n .,7„ ^r■•^ T.'4 i- .� +d .�" ^ 'kw' `;•0y'. +e" -^."'ri?: " •••,...,...•••,...,..... • y;-»-. -�_ . ." , � rt � 5" f t............ y h+ • r...n.:; I ;, I n 0 t 7 DI V. .�{:.. •• .)'Wru, •• ..• _,sr. � �/'Y � ,z 4, tb � ... •�w?�JG1 .- i, ..+.:r 7'289 9228 •25 „;•` �! 7 1�► ». F. � �w►6 �t,3F'l Jri F�?1 _.,: ;; r': '''.y £x249 _ 5 +8 3283_, 'StR -- ^" ..C��' _ ESTATE)• • w+i_ _ •' \,, 60... _■�; •i::- Y • ,r.-k.! .�,' iffy✓;. ,i.. {, w " j1� ._+'.. , „ =.tRIVE. ; - M U I , 3d i� R • rf 1 SEE ‘ , .!N -. cwt:- ' ,"tl6 a 2-. ,,=,,,:,;-,;A,C .\'\ Trl..' . •0 3 AC. ;'� ^ ""' 3 'K:'- 74 I, i-• • _ 2t•a"t �' a F a?a //•'�,44�t/,e�w \ -:• �� 3' , OA KO •_ .�. , '' � ' . ,- i •,......;,...,..f.,.. ':�` ' ^ te - • "+.7`"ti-••} J- , IF. :r>�:. � "1 ,a {. ";+, . • ' ' '"` // �/ L. It r_r, -�J ' 1 , ..+ l_ _. -^-'i• ..�,mks✓x �• ..A.4.7.,:-..?..!.,,. .1.7;7, - :'' .r� �.. - mo ^ •.r t _,. .• p ' ./• ^ i �r.` `i i 1 * ' � u s � « y � r \ � ' •" " ...° '»". .4.�,:"4, 1.7"7,•.:r;:. yw••:- ., i.+?i , . . . _w• • r • , � i.1't fL µ . :.',--.:r..-7 's.• ' ;J•••;,tiGti ..}r .1..:$ -;=±' „� X , :-....1''''.f..-"I•44;...:27.7 � • • • .. ,r d. Y i . s7M': •t P- � .: w•v " . ...• :w;...,'�:r-. Yr y.•i.....;''..,,t„,:"t.-,,i . i . i . k , J.-!,:,. .'.', ; .: '' ' ' TV-!-,'i .7, ,-,,:,•.,• ' 7-;i+ N.!'■•r.;••:-.0,.i.E',•;.'A'''L•. - •1 '•'. ' ' .. . , . . . , V i • . . & . - ' V-21Y ,w. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B HUNT,JR, Graham, North Caroli.na 27253 GOVERNOR DIVISION OF HIGHWAYS WILLIAM R ROBERSON,JR„ August 11, 1983 SECRETARY OrrLe ounty Mr. Ecidie Kirk Orange County Planning Department Hillsborough, N. C. 27278 Subjecit: Preliminary Plan - Fox Lair Subdivision - Off 1 SR 1729 in Orange County Dear Mr. Kirk: This is to advise that the Preliminary Plan of Fox Lair Subdivision that was submitted by Mr. Steve Yuhasz on August 10, 1983 is approved with the following rec- ommendations ! ( ) A 10' x 70' sight distance is recorded at the intersection of Huntsman Court I and Tallyho Trail. The property lines I should follow this sight distance line. I _ Final approval of the grade and alignment will be a part of the construction plans. I If there are any questions, please advise. Yours very truly, i ----- S. H. Jones Distrlet'EngLneer SHJAIMM/kw , . ! 41110101110 ' . • ,."_•N" ,, , t, -. ,,,,r4-,i';';i, ,,:' -- . - ' ., 1 .4.1e,,;•;'',„, ,q, -, :„..v.i4i...t..7i:.•.;,i'.::::ife' 1:1,4r.2'.-"-",';'•4",`,.: ,-4, A'47:irr&I.;:?:v.1(141, - V, -00- '.."'■ ,,. ,:1• 't' :: . , r'1"1'... r* '''r' '"' ^1. t':: 'a= '- `..).1..-.• '..' '';7 -.4''--'4'. xzw-ilm':4-i.c .'-,. -^,0. 1 . lazi-, TOWN OF CARRBORO 11^ , , v.,...\ \ 1 NOMFI CAROUNA PLANNING DEPAPITIVIEN 1 1 *:tit Llit•,:„..1 I it• I eNviwrs,..v. t s e August 11 1983 1 1 Eddie Kirk, Planner Orange CoUnty Planning Department 106 E. Margaret Lane Hillsborough, MC 27278 I RE: Subdivision Courtesy Review Fox Lair/Tallyho Trail Dear Mr. Kirk: i The Carrboro Planning staff has reviewed the subdivision referenced above. The staff finds no problems with the request and recommends approval Wlithout attachment of conditions. Sincerely, 4.9, ,, t.e.961.t.it.44/is-eftel--LC-14)( ) G. Gregory Shepard Zoning Administrator .7" •7.--14 ORANGE .CCIt.Z4 - -_ _ • ' • -- BDARD OF CWEitSSIONERS Action. 15-.3e.rda: •n item No.D3 -‘ ACTION GE..7‘.ZDA .1.1.t24 1,BST:t‘CT 11=ING DATE_Septemer 6 - Subject: Secondary 11 Road Names Yes X r Planni4 _ • - Cpritact! Susan Smith (s) At-thaalt71.- -Letter from Jack Murdock dated14/11/83' Orange County 141011.e Vrct17! --r: 732-8181 Ext. 349' Road Map .4 t7RPOSEz To adopt by resolution the names assigned to all secondary roads in the County as shown on the June 1982 Orange County Road Map and subsequent additions and revisions thereto to date. General Statute 153A- 40 authorizes a county to name or rename any public road, but requires that the N.C. Board of Transportation agree to the name of any state-uaintained road as required under General. Statute 136-18(8). The Board of Transportation will only change the name of a state-maintained secondary road at the request of a County Board of Commissioners. The current NC DOT official secondary road names are those established, at the time of addition Of the road to the state system and do not necessarily conform with the County approved road names. IMPACT: Adoption of he apprpved County state-maintained secondary road names by resolutio will-allow the N.C. Board of Transportation to consider and adopt the names as official names for the state road system. ' RECOMMENDATION: .Adoption of the attached resolution. Ammo ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 RICHARD E WHITTED,Clair BEN LLOYD SHIRLEY E.MARSHALL NORMAN WALKER DON WILLHO1T RESOLUTION ESTABLISHING THE 0111,1CIAL ROAD NAMES FOR THE STATE-MAINTAINED SECONDARY ROAD SYSTEM IN ORANGE COUNTY WHEREAS, G.S. 1136-18(8) authorizes the Board of Transportation "to give suitable names, to State Highways and change the names as determined by the Board of Tilansportation of any highways that shall become part of the State System of Highways"; and WHEREAS, G.S. 153A-240 authorizes a county to name or rename any public road; and, WHEREAS, a county cannot change the name of a state maintained road unless agreed to by the Board of Transportation; and, WHEREAS, Orange County has -participated in the Governor's Highway Safety Program for the purchase of road name signs and has approved official road names for Orange County as shown on the June 1982 Orange County Road Map; NOW THEREFORE BE 1T RESOLVED, by the Board of Commissioners of Orange County: MAT, the Board of County Conrnissioners requests the Board of Transportation to approve- the County approved names for the state-maintained secondary roads as the official road names for the roads on the state system in Orange County, THAT, this Resolution takes effect upon passage, thiS 6th day of Iseptemba 193. /45‘" - 4g2101" Signed by: Chairman o the Bo-■ • of o' 'ssion7: s F Attest:›410M-4_, aiLeg-idetteti Clerk to the Board of Commissioners/. ti^ �„ s,.^::. ,.�+�''r ,: r .� ' - ;t'.Ti : 1?�r" Y+1:,,Y 1 t ..,.x; �. elr ^f 'J�Sr .w.'t.'x..•• ,� rw+•F t ;4^^ ' 4i .i'f. ..1: �". " °, '#`'.il- •NOM - • •�� ` �.'�f !:�a '�`�::..3: .�j' 1S t' :a re " ; y4:;; "`L'` ''�►° S�r��-...r.�' rY 025 r,• • :) '4, �•"€ i,li� - �:' ^thy STATE OF NORTH CAROLINA : .: r. DEPARTMENT OF TRANSPORTATION RALEIGH 27611 JAMES B HUNT,JR.. GOVERNOR April 11 , 1983 DIVISION OF HIGHWAY: WILLIAM R. ROBERSON,JR. SECRETARY A MEMORANDUM TO: Division and G' ► ict ► inee4 FROM: Jack Murdock Secondary Ro,' Officer SUBJECT: Secondary R.ad Names General Statute 153A-240 authorizes a county to name or rename any public road, but a county cannot change the name of a State Maintained Road unless agreed to by the Board of Transportation. The Board of Transportation, under General Statute 136-18(8) is authorized "to give suitable names to State Highways and change the names as determined by the Board of Transportation of any highways that shall become a part of the State System of Highways." It is the present policy of the Board of Transportation to change the name of a secondary road only at the request of a County Board of Commissioners. i The official name of a secondary road is first estab- lished at the time of addition to the State System. If a road was not added by petitibn (such as the original roads of 1931 and additions to map in 1944), they are considered to have no name unless a name was sub- mitted on the addition forms for some reason. While we are not concerned with names in particular, we do need to have final authority for changing names in order to prevent controversies. Some of our most controversial problems involve disputes over road names. Through a ;federally funded program (70% federal funds and 30% paid by the county),1 which is designed to assist emergency vehicles, the Governor's Highway Safety Program has either approved or is in the process of approving the purchase of road name signs for the following counties: . , „ , ,,,: ,,,, ,, ,,,, 0.-,, ,.,„1,1 t;,-,,,o 1.:,'-:,-,, ,.,,,... ,,:: I ,:, i,'.„. -..6. to,, 111,-V 1..- .4 '1;*:1":;-,'A '.. A„‘,,,,,.1”'.', 1.: .11':.....- ",.......*':,' (4, '' '''PAS,' '''. .,n .11.,,,.L.ri).1:"..•, ., ,' -' ^::V1:.^.," . ` '...174.',''1 ' "11 '`• ' '' ' ' ' ' . : .: ' .''1" 1,,,, ,,,,' .4,X,'„"" ...1,,L4..1/4.,-:2.4;%:'''...,..`r!*"r'.''it''' ' ' -1.: 41100, --,,,s2,-;.„ t„,„1, , :, ,m,475-p,,,, .r.„...,.• .,. _ - ,.? i - ,_,. .....„ -.•7. r■-7-. ,:_!'„,',..±.14 cf 6 ''6: .1.-,vr -.7r'. c"'-'- . 026 . r 1 \ Division and District Engineers -2- April 11 , 1983 Pending Approved Approved Approval in 1981 in 1982 for 1983 Alamance Cleveland Caswell , Brunswick Craven Lee Catawba Dare Lincoln Gaston Durham Person Iredel I Wake Nash New Hanover Orange Rockingham Rowan Stanly As of this time, we have not received notification that this program affected the name of a secondary road in any of the counties previously approved or with 'pending approval under the Governor's Highway Safety Program. In order for the pfficial name of a secondary road to be changed, we must be furnished the road number, name requested, and a requesting resolution from a County Board of Commissioners. Please obtain the above information and send it to this office. The counties already approved for road name signs should be contacted and a list of any changes (along with a resolution) obtained.. Name change requests on roads other than secondary are administered by Mr. T. L. Waters, Manager of Planning and Research. We would handle future requests in a similar manner. Please inform the County Managers that we are attempting to clarify our records and bring them up-to-date. If you have ny questions, please let me know. JM/jb , cc: Secretary W,, !R. Roberson, Jr. Mr. Wesley D.! Webster, Deputy Secretary of Transportation Board of Transportation Members Mr. Billy Rose, State Highway Administrator Mr. R. F. Coleman, Chief Engineer Mr. T. L. Waters, Planning and Research Branch Manager 1 Colonel Edwin Guy, Governor's Highway Safety Program 1 . , ORANGE COUNTY 02 BOARD OF COMMISSIOMPS Action Agenda ACTION AGENDA ITEM ABSTRACT Item INb... 14 DATE 7fi olio * • 6 : Subject: Discussion of Efland Sewer Line and Capital Funds Contingency • . ue.. tment; County Manager i I Public Hearing: yes X no Attachrrent s : r Information Contact: Phone Number: Manager's Office 732-8181 one um PURPOSE: To consider what further action to take, if any, on the proposed Efland Sewer Agreement and undesignated funds being held for capital improvements. NEED: Uncertainty as to what action the General Assembly would take on revenue 1 sources and the indeterminate cost to repair the package treatment Plant at Efliand Elementary School caused the Board to agree to holding $267,980 as an undesignated capital appropriation. Commissioner Willhoit's motion at the August 16, 1983 meeting was (1 ) to temporarily table the Sewer agreement until the engineering report presently underway could be com- pleted and (2) to allocate $300,000 of the $267,000 for additional School capital ($100,000 for Chapel Hill-Carrboro emergency needs and $100,000 for Orange Schools unmet capital needs). It was thought that the engineerin report would detail more accurate design and cost information upon which to base the agreement and to construct sewer extension from Hillsborough to Efliand to meet residential and industrial needs. It was also thought that the area defined by the report would provide the basis for bonds and grants, to finance the system rather than current expense. Request was made to schedule the subject for the September 6 meeting for further discussion by the Board. . ._ . - . . ORANZE COV. LY BOARD OF ca...eussicvms Action Agenda • Item No..T 5 - ACTION AGMIN ITal ABSTRACT FIMTLN:G DATE September 6_,......1.9.53- , . I . 1 . I Subject: Data pro,cessing agtwkents -.with the Town of Hillsborough and the Orange County 8-chool Board . 1 •: _ ______ ata Pro - .1 . ri riublic Hezng= yes y I DePartccent:: ,D ' . :. . 1 • . ' . . I .. . . ., ..• . I • . Information contact: Keith Brooks Attachrmnt(s) : , DP Manager 1 ; . Phone Dumber:732-:818.11 ext. 4 77 • 1 .. . 1 • ; -. , I . ; • . ...- • 1 . . 1 . Purpose: To provIde data processing services to the Town of Hillsborough for a three year period for $10,000 per year and to provide partial data processing services (student records) to the _Orange County, Board of Education for a period of three years for $5,000 per year. ; . . ; . . , • 1 . . . . i , • ......- . ....._ ... . ; . IZ:.-"'. 1 J. ....- _ . 1 • "' ,. I Need; This will allow Orange CoUnty to recover ,part Of the costs of operatingrthe data processing department and also provide a valuable service to the Ton and to the School Board. I . . 1• , 11 ; i , - • . „ . . , . ; . Impact: Cut recovery to Orange County and expansion of services. This is basically a break-even proposition for 83-84 with revenue being realized inenbsequent years. 1 I . 1 ur N' "wF4 a` 0 F 24'y, =; e. Y.r' ` r4.Tip ,,� $.n 02 iri � I MEMO TO: Orange County Board of Commissioners SUBJECT: Data processing agreements with other units l ' FROM: R. Keith Brooks, Data Processing Manager DATE: August 29, 1983 I Orange County has recently, or is in the process of, entering into agreements with the Towns of Carrboro and Hillsboroughjand the Orange County School Board to provide certain datalprocessing services. In each case, the revenue from those agreements will cover the cost of all equipment or software and most of the operating expenses reguired to provide those services. All equipment purchased will remain the property of the County and can be used by County departments if any of the agreements are not renewed. The County will be purchasing one application package (Utility Billing) and developing one (Student Records) but Hillsboroughjand the School Board will be paying us for their cost. IAll other software to be used will be that already in use by the County. For the current year (83-84) , the County will net a small loss due to start-up costs and not being able to get everyone up on July first. Each of the next two years should net the County close to $20,000 if none of the units add any additional lines or equipment and the cost of the telephone lines and equipment maintenance remain the same. Carrboro is already seeing the need for some additional terminals as the ones we have installed are being used more than expected. The attached chart covers the current year plus two more. The agreement with Carrboro is for four years while those for Hillsborough and the School Board are for three. I 1 1 ' 2 ,,,,iiii,,, I,.., - ,..,.. ;,;„.....,,•;,,,,,,k,,...„ , .-_-,,,,M.--:4_4.?, . tti---er-t,.-..1.0,. .,5fig,0415,:-tgt:tt*.: ,%,,,- 0.,-,!:,;_-, p. ,, , 4_,,,, , .: .- t,,t.Tel 4,*".."",: ; ,. .•,' ,.,;.'..t,4tt• ,...,—. ' r '...-. ,•1'., , . . ., j ' ' ft. ... 030 *** COSTS *** 33-84 84-85 85-86 ---- - ----- ----- Equipment purchase 30,595 0 0 Telephone lines 2,676 3,060 3,060 Equipment maintenance 3,883 4,196 4,196 Software cost 4,000* 0 0 41,154 7,256 7,256 *** REVENUE *** Carrboro (7/1/83) 20,500 12,000 12,000 Hillsborough ! (10/1/83) 11,500* 10,000 10,000 School Boardi (11/1/83) 5,795 5,000 5,0007 I 37,795 27,000 27,000 1 Net to the County ($3,359) 19,744 19,744 i i : 1 I * The cost of the utility billing software has not been fixed but the Town will pay what ever the final price is. , _• - -, . . . 1 --.,-. ,-. 7.. ;f..,,•,: .• ',,-' • • ' --,' '-- '.,%!'"'".7' - , ' ' , 1 - 034 . , . NORTH CAROLINA ORANGE COUNTY ' AGREEMENT THIS AGREEMENT is entered into this „..„...., day of , 4.4? 1983 and by and between the Town of Hillsborough, a municipal corporation ("The Town") and Orange County, a body politic and corporate ("The County") . ----,..:4-' WHEREAS, the County presently operates and maintains a computer center serving various County departments and agencies and wishes to make its computer operations and services available to the Town; and WHEREAS, the Town desires to purchase certain necessary 11, , computer services from the County; NOW THEREFORE, in consideration of the premises and the ,., mutual promises set forth below, the parties agree that, for ...7e,.. 1 a fixed annual fee, the County shall provide 24-hour, 7 day a week computer services to the Town, including equipment, hardware and software maintenance, required operator training and software programs along with required ' 71' communications linkage, using four(4) central processing %.1.1 ports, all to be provided in accordance with the following terms, conditions, and specifications: .:, . .7.:: 1 1. The County shall provide the Town with the 20, following equipment: . .. A. 4 "Adds" data processing terminals B, 1 High speed line printer . . C. 1 Slow speed slave printers D. 1 2-Way manual switch B. 8 Short haul modeums 2. The County shall not be required to purchase more equipment, supplies, cables, etc than the Town pays for the first year of service. If the cost of the above equipment exceedes the first annual payment then the Town shall reimburse the County in one lump sum payment. Ownership of equipment purchased pursuant to this agreement shall remain in Orange County. 3. The County shall provide all equipment maintenance at the same level as that provided for the other users of the Orange County Data Processing Center. The Town shall be responsible for repair of and the cost of repair and replacement to and the cost of replacement to equipment damaged by the Town's negligent or abusive use of the equipment. ti . • :.. —.--ii , .....- -, . ,--. , -- . ,- . _,,,--..-71----,i::,--..--.7. 588 8 • rl 4. The County shall not be liable for any and all damages incurred by the Town caused by interruption and/or delay of services from causes not under its direct control. Causes of such interruption and/or delays may include but is not limited to , telephone line failures, and equipment failure. However, the County shall do all things reasonably expected to bring the service up to the required level as • soon as possible after identification of the problem causing the interruption and/or delay. 5. The County shall provide the same "software" maintenance services as provided other users of the Orange County Data Processing Center. 6. The County shall make available to the Town all existing "software" operational programs or new programs or re-programming that may become available to other users of the Center. If the County purchases such "software" from some third party then the Town may be asked to share in this ? r,: purchase price. The County agrees to make such "cosmetic" • changes as may be required to meet the particular needs of • the Town, such changes not to exceed 200 hours of programming. Additional programming is to be charged to the Town at a rate not to exceed $20 per hour. The hourly charge may be adjusted at the end of each year of the agreement to reflect increase in cost. This adjustment may not exceed 5% per year. The County will purchase the Utility Billing Software from our vendor at the lowest price we can negoitate and the Town will reimburse the County for this cost (not to exceed $4,750) . 1. The County shall provide required operator training for each program to be used by the Town. Such operator traning shall be available as required by the Town for the • life of this agreement. 8. The County shall provide necessary\ communication linkage between Town Hall and the Orange County Data Processing Center. 9. The County shall provide all installation and have all equipment and software programs operational with operator training complete by October 1st for the Financal system and November 1st for the Utility system. In the event the system is not functional by the above dates, the County shall refund a prorate share of the monthly cost • based upon the number of working days in the month that portion of the system is not functional. ■ :1 • , , . • , 03t 10. Subsequent to initial installation, the County shall provide the Town with the same level of service, including user priorties as other users of the Orange County Data Processing Center. 11, The County shall provide a security system as a part of the software programming that will permit the Town to assign user accessibility. 12, The County shall provide the same data security and retention of data for the Town as provided for other - , users of the system, including daily "back-up" and other routine security storage. 13. The Town shall make an annual payment to the County in the amount of ten thousand dollars($2500 per port) . The first payment to be paid within thirty days of • the execution of this agreement and to be prorated based on the dates in section nine. For example, if we are to be up and running by November 1, 1983 then the Town's first payment would be 2/3 of the annual charge. Such additional annual payments to be made on July 1,1984 and 1985. 14. This agreement shall begin on the first date in section nine and shall end June 30, 1986. • . „ . --- • , . 031. NORTH. CAROLINA ORANGE COUNTY AGREEMENT (SECOND DRAFT) THIS AGREEMENT is entered into this day of 1983 and by and between the Orange County School Board ("The Board") and Orange County, a body politic and corporate ("The County") WHEREAS, the County presently operates and maintains a computer center serving various County departments and agencies and dishes to make its computer operations and services availAle to the Board; and WHEREAS, the Board desires to purchase certain necessary computer services from the County; NOW THEREFORE, in consideration of the premises and the mutual promises set forth below, the parties agree that, for a fixed annual fee, the County shall provide 24-hour, 7 day a week computer i services to the Board, including equipment, hardware and Software maintenance, required operator training and software programs along with required communications . linkage, using two (2) central processing ports, all to be provided in accordance with the following terms, conditions, and specifications: 1. The County shall provide the Board with the following equipment: A. 1 Data processing terminal B. 1 Slow speed printer C. 4 Short haul modeums 2. The County shall not be required to purchase more equipment, supplies, cables, etc than the Board pays for the first year of service. If the cost of the above equipment exceedes the first annual payment then the Board shall reimburse the County in one lump sum payment. Ownership of equipment purchased pursuant to this agreement shall remain in Orange County. 3. The COunty shall provide all equipment maintenance at the same level as that provided for the other users of the Orange County Data Processing Center . The Board shall be responsibleifor repair of and the cost of repair and replacement to and the cost of replacement to equipment damaged by the Board 's negligent or abusive use of the equipment. • f„. ;; . ' < - • . . . . IL 032 4. The County shall not be liable for any and all damages incurred by the Board caused by interruption and/or delay of services from causes not under its direct control. Causes of such interruption and/or delays may include but is not limited to , telephone line failures, and equipment failure. Howeer, the County shall do all things reasonably expected to bring the service up to the required level as soon as possible after identification of the problem causing the interruption and/or delay. 5. The !County shall provide the same "software" maintenance services as provided other users of the Orange County Data Processing Center . 6. The County shall develop, program, install and test the required software to process the Boards student records as outlined in the attached document "ORANGE COUNTY STUDENT RECORDS". ThelBoard will furnish to the County a magnetic tape of scheduled students which will become the input to our RECORDS SYSTEM. Information will be recorded on the County system but will be accessed and maintained by the Board 's staff thru a terminal located at the Boards central office. The County will bill, the Board for the actual cost of developing this software system but this cost shall not exceed $3,0004, Additional programming is to be charged to the Board at a rate not to exceed $20 per hour. The hourly charge may be adjusted at the end of each year of the agreement to reflect increase in cost. This adjustment may not exceed 5% per year. 7. The County shall provide required operator training for each program to be used by the Board. Such operator traning shall Ile available as required by the Board for the life of this agreement. 8. The county agrees that our staff understands the data on any student is privileged and we understand that this informatiOn is protected by the Student Rights and Privacy Act, and is, therefore, privilaged information at all times. 1 9. The County understands that the Board would like to do all students, grades six thru twelve, even though it may be several years before you get all schools on the system. 10. The County shall provide necessary nommunirafinn 03 11. The County shall provide all installation and have all equipment and software programs operational with operator training complete by . In the event the system is not functional by the above date, the County shall refund a prorata share of the monthly cost based upon the number of working days in the month that portion of the system is not functional. 12. Subsequent to initial installation, the County shall provide the Board with the same level of service, including user priorties as other users of the Orange County Data Processing tenter . 13. The County shall provide a security system as a part of the software programming that will permit the Board to assign user accessibility. 14. The County shall provide the same data security and retention of data for the Board as provided for other users of the system, including daily "back-up" and other routine security storage. 15. The Board shall make an annual payment to the County in the '.amount of five thousand dollars($2500 per port) for the *ration of the system. The first payment to be paid within thirty days of the execution of this agreement and to, be prorated based on the date in section eleven, but shall not exceed the estimated cost and installation of the equipment in section one ($2,795) . For example, if we are to be up and running by November 1, 1983 then the Board 's; first annual cost would be $5,795 (3,000 software + 2i1795 operations) . Such additional annual payments to be made on July 1 ,1984 and 1985. 16. This agreement shall begin on the date in section nine and shall efnd June 30, 1986. • ORANGE COUNTY BOARD OF mcmissimais Actioct Item Vo. Dé AMON ADA rrai ABSTRACT MEETING DATE se. - H .- • 1"4. Subject: Extending land records system to Carrboro and Chapel Hill rDePartren t: Data Processil - . Hearing: Yes X * Iriforraation. Contact: Keith Brooks Attachment(s): DP Manager Phone Male= 732-8181 ext. 477 • - • Purpose: To provide public and municipal staff access to our land records system Need: To all* public access to computerized land records from the two; town halls, To allow municipal staff to participate in our land records system by entering their own land related information which will, be used by county staff for planning and tax apprasial. • Benefitslto the County include (1) update and planning appraisal file • through capture of zoning; special use and building permits information through direct keying 1y the municipal staffs and (2) answering public ... inquiries via terminals without the necessity of staff involvement at the Register of Deeds Office. InIclect: State grant of $4200.00 will be used to purchase equipment. There will be an annual operating cost of $1008.00 for telephone lines and equipment maintenance. 54( . . , --( 038 . ..... ... -.1 NORTH CAROLINA ; ORANGE COUNTY AGREEMENT THIS AGREEMENT is entered into this __ day of r 1983 and by and between the Town of Carrboro, a municipal corporation ("The Town") and Orange County, a body politic and corporate ("The Count ") . WHEREAS the Town and the County have entered into an agreement dated , pursuant to which the County will furnish certain coNputer services to the Town; and WHEREAS, the County operates a computerized land records information system and wishes to make a terminal available for public use in Southern Orange County; and WHEREAS, the Town is willing to make space available ."1 for such a terminal in the Town Hall under the circumstances '...' set forth below; ..- . NOW THEREFORE, in consideration of the premises and . . mutual promises set forth below, the parties agree as .. . . follows: ...., i 1. The Town shall provide suitable space in the Carrboro Town Hall for the location of a terminal for the exclusive use of Orange County in connection with a land records information system. This shall be a location easily accessible to the public. The terminal shall be available •.. , , to the public for land record inquiry during all hours of --- the normal business day. The Town shall provide a suitable table, chairs, lighting, heating and cooling of space and .,. , .,1 janitorial services. The Town shall take reasonable steps to insure the safety of the equipment and provide reasonable ' 1 assistance to first time users who have completed initial training.. This traning is to be provided by the County in a Hillsborough location. Town employees are not expected to . . , operate the terminal or produce information f,or the public, but are to provide assistance to public users. 2. The County shall provide to the Town at no cost the use of one additional "port" and one additional CRT terminal in addition to those called for in the agreement between the parties for data processing services dated June 27, 1983. • ..i, This port and terminal shall become a part of the agreed upon system and subject to all paragraphs contained in this agreement, except for paragraphs 12 and 13 (fees) . The foregoing agreement is executed in duplicate originals this---------- day of -----------, 1983. TOWN OF CARRBORO ORANGE COUNTY . .' . . . .-, . . 5 4 2 t ' 4 - ," :."k - 4,14"...;' " 4 1 44: - ;. ■4,.1" " r • -• • * 61.6 RICHARD F. BUNTER, TOWN MANAGER RICHARD E. WHITTED, CHAIRMAN ORANG BOARD OF COMMISSIONERS Attest: Attest: ------- Sarah C. Williamson, Town Clerk Sharon E. Allison, Clerk to the Orange County Commissioners r , I -r .A - - I „ --. 74; Iet,2. ;” • 5 4.1 . .. 6•3 NORTH CAROLINA . -,, ORANGE COUNTY ! AGREEMENT THIS AGREEMENT is entered into this day of _____, 1983 and by and between the Town of Chapel Hill, a municipal ' f 1 .....,' corporation ("The Town") and Orange County, a body politic and corporate ("The County") . . WHEREAS, the County operates a computerized land records information system and wishes to make a terminal available for public use in Souchern Orange County; and % d .. i WHEREAS, the Town is willing to make space available for such a terminal in the Town Hall under the circumstances set forth below; .-- ; ;.* . , Il NOW THEREFORE, in consideration of the premises and mutual promises set forth below, the parties agree as follows: :.-., 1. The Town shall provide suitable space in the Chapel Hill Town Hall for the location of a terminal for the exclusive use of Orange County in connection with a land records information system. This shall be a location easily accessible to the public. The terminal shall be available • to the public for land record inquiry during all hours of - the normal business day. The Town shall provide a suitable table, chairs, lighting, heating and cooling of space and janitorial services. The Town shall take reasonable steps _,-F. • to insure the safety of the equipment and provide reasonable assistance to first time users who have completed initial training. This traning is to be provided by the County in a Hillsborough location. Town employees are not expected to operate the terminal or produce information fot the public, but are to provide assistance to public users. 2. The County shall provide to the Town at no cost the use of one port and one CRT terminal for use of Town staff to maintain land related information. ■ The foregoing agreement is executed in duplicate originals this---------- day of -----------, 1983. TOWN OF CHAPEL HILL ORANGE COUNTY :., BY:----- - - - BY: . DAVID TAYLOR, TOWN MANAGER RICHARD E. WHITTED, CHAIRMAN ORANC; BOARD OF COMMISSIONERS / Attest: Attest: r . , Dave Roberts, Town Clerk Sharon E. Allison, Clerk to the Orange County Commissioners f ' 1 III 1111 . . , ...-• ■,.-t- ' - ' -, ',, ','.7:-4 . 0 4 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Di MEETING DATE September 6, 1983 Sdbject: IN REM FORECLOSURE Department: REVENUE [ Public Hearing: ' _ es X no AttachEent. s : Inform—Tfi.—cm Contact: COPY OF G.S. 105-375 and work sheet JOHN T. HORNER Phone Number: 732-8181 ext. 432 PURPOSE: To consider authorizing the Department of Revenue to implement the "in rem foreclosure method" according to G.S. 105-375 as an alternate to the mortgage type foreclosure method (G.S. 105-374) NEED: In rem is a.Simple _and inexpensive method of enforcing paymentoUtaXes: necessarily levid for the requirement. It is based on the recognition that all persons onwing interests in real property know or should know what the tax lien on their real property may be forclosed and the property sold for failure to pay taxes. . It allows the Tax Collector to foreclose on real estate properties through an administrative procedure rather than having' the work performed by an attorney. While the Method is based on all properties, it is especially useful on properties where the values are two small to justify the high expense intailed in the traditional mortgage foreclosure method. A copy of the proceaural ,steps to be followed is attached together with a sample letter to the property owner and a list of the costs to be billed to the delinquent taxpayer in processing the foreclosure to date of payment. 1 IMPACT: Return inactive real estate accounts to the active role. RECOMMENDATION: ApproVe,the in rem foreclosure method and direct the Tax Collector to initiate procedures by filing the Certificate of Taxes Due with the Clerk of Superior Court. 1 O42 z f i g lice ion Part II _ FORMS FOR USE IN A FORECLOSURE ACTION UNDER G.S. 105-375 it he p tdg• An alternative method of foreclosure to the mortgage type of foreclosure is .2!for made available to taxing units by G.S. 105-375.This is the in rein method of ts as foreclosure,and it is a relatively simple and inexpensive means of foreclos- ing the tax lien and selling the property, thereby returning the property to the ctive tax rolls. The legal theory underlying the in rem method of foreclosure is that the land itself—the res—is being proceeded against, rather than the landowner. It is upon this theory that the summary notice , 1 procedures are justified. • There are two prerequisites to use of the in rem procedure:The taxing unit must have held a sale of tax liens as required by G.S. 105-369;and the hat t-2.,governing board of,the-taxing unit must clirect-the,tax-collector-to.file-tax,. y a =cercates,,as judgments(thereby beginning the in rern foreclosure.Notice ) of the docketing of the judgment is required to be sent by registered or cer- tifiedimail to the listing taxpayer at his last known address.After the judg-. _ ment has been docketed for six months,execution may be issued on-the judg- • ..... ment and the property sold under execution. Notice must be mailed to the ... taxpayer l isdn taxpayer;and yoe rt other rt may have reOpsaelitytharectethivee actual I notice of the foreclosure action.Notice is mailed to lien holders only if they have filed a request for such notification with the tax collector. By adding appropriate allegations, the in rem procedure can be used to foreclose the liens of special assessments." It is inot within the scope of this introduction to defend or attack the con- . 1 • stitutional validity of the in rem method of foreclosure. The decision in pethiesotimnsewexhoecumtia eisansuei:ItterAtesistinnotht necessary fiendei-son County v. Osteen(1977),"however,went a long way toward es- tablishing the position that in rem foreclosures are constitutional if con- 1 ducted strictly in accordance with the statute.The lesson of that case and of its successor is that every required step called for hy G.S. 105-375 must be taken and documented. A record of every step taken should be made, and copies clif all significant documents should be placed in the file. Foreclosure History FORECLOSURE HISTORY NAME .. ,-- MAP NUMBER TAX SALE BARE DEED OF TRUST SEARCH ( 4 months prior to Judgement) IETTER TO TAXPAYER ( 4 months after tax lien sale) LETTER TO DEED OF TRUST HOLDER AOC DATE , REQUEST TO COUNTY COMMISSIONERS (5 months after TIS) . CERTIFIED 4TTER TO TAXPAYER (i *5 days prior to Judgersent)J1 0 fA ,J 0_441.1/4,4.4-A ADVERTISMENT (once a week for 2 Weeks beginning 16 I e cx_y_ days after nonreciept) V DOCKET 111.7i 1 NT (6 months after TL ) - MAIL COPY OF' JUDGEMENT, .k? ATTEMPT PERSONAL CONTACT ( 4 months after Judgement) geLe-L'j V LETTER INFORMING OF EXECUTION ( 5 months after Judgement) . REQUEST FOR EXECUTION ( 6months after Judgement) V' I 74 SHERIFF DELIVERY OF EXECUTION MAIL COPY OF EXECUTION CERTIFIED LETTER INFORMING OF EXECUTION ( 7 days prior to sale) ,ot-c ADVERTISE FOR 4 WEEKS. . PIA CE FOR SA IIE SIGN ON PROPERTY IF CERTIFIED NOT RECIEVED _ BOLD SALE 1 REPORT OF SALE REPORT OF UPSET BID ORDER OF RESAIE - - • ADVERTISE RESALE ( 2 weeks) REPORT OF RESALE ORDER TO ISSUE fEED MEMO TO: Orange County Board of County Commissioners FROM:John T. Horner, Director of Revenue REF: In Rem Foreclosure The attached letter will be mailed to each Taxpayer who has delinquent real estate taxes due the County of Orange for years 1982 and prior. This letter preceeds The In Rem Foreclosure proceedings . • ORANGE COUNTY DEPARTMENT OF REVENUE 208 Soul-Ft CAMERON STREET HILISBOROUGH, NORTH CAROLINA 27278 JOHN T.-HORNER August 16, 1983 Hillsbocough 732-8181 Pd Hill 967-9251 Dineaar ff RCPViiMt Mebane 727-2031 Durham 688.7331 Dear Bill Jones, Taxes levied upon property owned by you for the years and in the amount listed below are past due and unpaid. The amount shown lidoes include interest to date. YEARS: 1 AMOUNT DUE: 1980 & 1982 • • • • - • TAX MAP NUMBER: • • 7-207-B44A -, •-•=• • - •.• • • • _•• - ' . - • At the -0t4t, • :•.3 -fleet tng-of the County Commissioners , I will request permission to enter judgement • in the Superior Court and sell your property for the taxes due. 1 Very truly yours, 1 John T. Horner Director of Revenue, Tax Division Orange County JTH/rwt 1 ( • COSTS BILLED THE DELINQUENT TAXPAYER FOR'PROCESSING FORECLOSURE 1. FORECLOSURE COST FROM MAILING OF FIRST LETTER THROUGH FILLING OF THE JUDGEMENT EMPLUiEE ' TIME (approx.) hours ($6 . 35 per hour) $ 31. 75 PRINTING & SUPPLIES $ 7.00 TOTAL $ 38. 75 2. FOREdOSURE COST FROM FILLING OF JUDGEMENT THROUGH SALE AND RECORDING OF DEED EMPLOY1EE'S TIME (approx. ) i01/2 hours ($6 . 35 per hour) $66 .68 PRINTING & SUPPLIES $10 .00 TOTAL * * * * * * * 3. COST PER CERTIFIED LETTER $ 1 .65 Before judgement and before executuion (listing taxpayer, current_owrret- , all lienholders of record) 4. CLERK OF COURT FEES FOR DOCKETING OF JUDGEMENT AND EXECUTION, SHERIFF' S FEE AND ADVERTISING COST PLUS COST OF ALL CERTIFIED LETTERS WILL BE BILLED THE TAXPAYER. 5. ANY ATTORNYE ASSISTANCE 6. ANY INTEREST ON THE PAYMENT DUE ORANGE COUNTY o BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA 'ITEM ABSTRACT Item N .D MEETING DATE Subject: Cedar Grove School Property Transfer Eepartment: ttot'inty Mananpric .Offirp ,_J I Public Hearing: ' ' yes no- I Attachment(s : information Contact: County Manager's Office Phone Nurther: 732-8181 PURPOSE: Will the Board resolve to accept the transfer of two tracts of land, 0.77 acres and 0.87 acres , owned by the Orange County Board of Education and adjoining the 8.00 acre county-owned Cedar Grove Schooliproperty. Acceptance by the Board constitutes the respon- sibility to pay transaction costsincurred by the Board of Education's attorney. No payment for consideration of the property is required. NEED: In Auglust, 1976, the Orange County Board of Commissioners purchased from the Orange County Board of Education what was thought to be three tracts1, 8.00 acres, 0.77 acres and 0.87 acres , being the site of the Old Cedar Grove School . It beclame apparent this summer, as a result of a deed search conducted by the County Recreation Department in preparation for a grant applica- tion for federal Land and Water Conservation Funds (LWCF) , that due to an oversight during the 1976 transaction only the 8.00 acre tract was transferred. The Bolard of Commissioners need to accept the transfer of the additional 1 .64 acres. IMPACT: The Recreation Department's pre-application, submitted last spring for LWCF was for site improvements on the total 9.64 acres (3 tracts). 1 Upon realization that only 8.00 of the 9.64 acres had been transferred the subsequent application for LWCF was amended, to conform with grant requirements , to request funds for only the 8.00 acres in Orange County ownership. The 8.00 acre project has been recommended for funding by the U. S. I 1 1 TFIARRINGTON, SMITH & HARGROVE A.TTOFLNETS AT LAW I RALEIGH.NORTH CAROLINA MAX:XING ADDRESS CA.RISSIX W.ItIGGINS 0007-100W I E 0.130X 13.53. ..I.N,ATIOLD TRATLRINOTON FE/U.210D N C..27002 WDE id SMTTH A ■ Roora"w.smnx 1 OrTILMS WADE XE HARGRO7 suxTE 000 GEORGE T.ROMS-TER,.731 D El&T BUILDING CARTICIT G POOXE 1 330 PAYETTEVELTE STREET RICIFIA-RD A SCJIWART7. HAzoc J pn.AK I DO 0GIAS E EINOSIXERY TELET.HONE JOUN R.EDV7A.RDS 1 10L0 821.4711 32:127.-003ZIII P.ETTNTHOEM GAITY 8 BowTas EOM 0 WILTITIDDIS. ANN Z. MAJESTIC gust 12 , 1983 1 i Mr. R. Wayne Weston, Director Orange Cdunty Recreation & Parks Dept. 300 West Tryon Street HillsborOugh, NC 27278 Re: 0 .87 and 0 .77 Acre Parcels; Cedar Grove Elementary School Property 1 Dear Mr. Ipieston: I At your request, I am providing this letter to clarify various matters with respect to tracts of land included in your grant application to the Land and Water Conservation Fund for the old Cedar Grove Elementary School property. I On August 24 , 1959 , the Orange County Board of Education acquired a tract of land containing 0. 87 of an acre, more or less, according to a survey and plot made by Robert A. Jones, Registered Surveyor, on June 17 , 1959 , and L evidenced by Deed from Spurgeon Pore and wife, Leonie W. Pore, reci rded at Book 173 , Page 117 in the Orange County Register of Deeds ' office. On that same date, August 24 , 1959 , the Orange County Board of Education acquired an adjoining tract of land containing 0 . 77 of an acre , more or less, as shown by survey and plot made by Robert A. Jones, Registered Surveyor, made on June 17 , 1959 , and evidenced by Deed from Ed Wright and his wife, Lottie M. Wright, recorded at Book 173 , Page 116 of the Orange County Registry. • • THARRITIGTON,SMITH & PIARGROvE Mx. R. Wayne Weston August 12 , 1983 Page 2 Both the 0 . 77 acre and 0. 87 acre tracts, described above, adjoined an 8 .00 acre tract of land which the Board of Eduction had acquired by judgment from Elsie Torain on April 21, 1948 . All three (3) tracts comprised the site of the aid Cedar Grove Elementary School. On March 2 , 1976, according to the official Minutes of the Orange County Board of Education, the Orange County Board ofi Commissioners was invited to inspect the entire 9 .64 acre tract of land and the building thereon containing 32 ,630 square feet for possible purchase by the County. At that meeting, the Vice-Chairman of the County Commissioners stated that the Commissioners would inspect the property, known as the old Cedar Grove Elementary School and meet with I the; Board of Education at a later date to discuss • possible purchase. Thereafter, on March 30 , 1976, the Board of Education received a letter from the Orange County Manager 1 stating that the Orange County Board of Commissidners would like to acquire the Cedar Grove School property and asking that attorneys for both the Board of County Commissioners and the Board of Education take necessary actions to effect the transfer of this property as soon as possible. The Board of Education voted unanimously to give the Cedar Grove property to the County Commissioners and directed its superintendent to have the necessary legal actions taken. At is meeting on July 6 , 1976 , the superintendent of schools presented to the Board of Education a deed prepared by the Board's attorney (prior to the time this firm became counsel to the Board of Education) for the transfer of the Cedar Groye School property. However, that deed did not contain the stipulation that, should the property cease to be used f4 public purposes, it would revert to the Board of Education. Following discussion, the Board directed the deed to be revised to contain that stipulation. Thereafter at its meeting on August 2, 1976, the newly drawn dee1 for the transfer of the Cedar Grove School property to the Orange County Board of Commissioners was approved and forwarded to the Commissioners. Unfortunately, as you are aware, during the course of these various deliberations, the deed was improperly drawn to only transfer the 8 .00 acre tract, rather than the entire 9 .64 acres, as clearly intended by the Orange County Board of Education. Both the Board of Education and the County Commissioners have, since August 2 , 1976 , been ELATIRING ro IN,SMITIT 8c. HARGROVE — V Mr. R. Wayne Weston August 12 , 1983 Page 3 operating on the assumption that the entire 9.64 acres had been traOsferred. However, the deed dated August 2 , 1976 , recorded in Book 270 , Page 1060 of the Orange County Registry, only transferred the 8 .00 acre tract, in error. When you called this matter to the attention of the Orange County Board of Education in June, 1983 , the Board directed that this matter be reviewed and took immediate action to correct the technical errors giving rise to these problems.! By resolution adopted June 22 , 1983 , the Orange County Bollard of Education declared as surplus property and no longer necessary for public school purposes the two tracts of land containing 0 .77 and 0 . 87 of an acre. The Board then agreed to sell the property to the Orange County Commissioners for a sale price equal to the costs incurred by the Orange County Board of Education to arrange for the sale of said property. The deeds to effect these transfers and to correct the errors made in 1976 have been drawn and await only the formal acceptance by the Orange County Commissioners. I understand that, because of these truly technical errors, some possible grant funding may be jeopardized. I certainly hope that fear will not be realized, as the clear intention of both the Orange County Board of Education and the Orange County Board of Commissioners in 1976 was to transfer the entire 9 . 64 acre tract of land. But for apparent errors by the attorneys involved and oversights by both Boards, that transfer would have been accomplished in 1976 , as intended by both Boards. If y4u desire any documentation regarding any of the matters referenced above, please let me know and I will be happy to Orovide the same. If I can provide any additional informatiop or if the Orange County Board of Education can be of any ! assistance to you and the County in clarifying these matters for grant funding purposes, please advise me and I willi do what I can to assist you. Very truly yours, THARRINGTON, SMITH & * *GROVE C;:- ..:5(17411 /111411. 4 400' Richard A. Schwartz ---- RAS/sds cc: Mr. Max M. Kennedy Dr. Dan Lunsford Mr. Kenneth R. Thompson Mr . R4b Addelson - THARRINGTON, SMITH 8c HARGEOVE ATTORNEYS AT LAW RAT:MTQ.R,NORTH CAROLINA CA.BI.,ISIE W.HIGGINS 311..n.rr,xne ADDRESS U007.1.0001 P.O.BOX 1131 J HAROLD TILAIDANOTON RATTII011,1;C.27(302 WADE NI SIEITTI ROGER W SMITIL 10.-.610E f ITATIOROVE OFFICES GEORGE T.sto .l...r.F.Et.JR. SUITE 300 CARTY-N O.POOLE; la LI T INITLEEND IZ 303 R%C.- T TE1rECZM STILE= ICILAJID SCRW.I.RTZ MARK J.PRAIL D0170.LA-S 2 NOSBEFFT TEITEPHONE JOILN R EDWARD( 041 32.1-4711 ELTZADET-73/ xamnazoLza August 12 , 19 (81O OAHE R.,HOWv-PS C WETILEIETT ..ANN I m..A.LTEs-ric Mr. Rob Adelson Orange Coulnty Manager' s Office 106 E. Margaret Lane Hillsborough, North Carolina 27278 Re: Cedar Grove Property Dear Mr. Adelson: Encloped, at your request, are copies of the Deeds we have prepared for transfer of the 0 . 77 and 0 .87 parcels of land on the old Cedar Grove Elementary School site. If Mr. Gledhill finds any problems or has any concerns with these, please advise him to contact me. I wiii appreciate your contacting me prior to the Commissioner' s meeting on September 6 so that I might advise you of the total costs involved in the transfer of these properties. If I can be of any further assistance, please let me know. Very truly yours, THARRINGTON, SMITH & Ir MOVE Richard A. Schwartz - RAS:bp Enclosures cc: Dr. Dan Lunsford Mr. Max M. Kennedy 52 •• .Ti Excise Tax Recording Time,Hook and Page Parcel Identifier No, Tax Lot No,.. ,.• .. ,. .. . .. .• _• Verified by , . County on the day of , 19 . ... t;l Mail niter recording to Geoffrey Gledhill, Attorney for the County of orange ..... .... .... .. ................. ........ ...._.� .. . ....,. 110 Churton Street, Hillsborough, NC 27278 Rachard t. Schwartz riargr°ve, attorneys at Law by Thin instrument way prepared by ....... ..... '... . .. .. . Pharrangton Smith t: Brief description for the Index NORTH CAROLINA NON-WARRANTY DEED THIS DEED made this . day of. . .. . , 19 ., ,by and between l - GRANTEE GRANTOR BOARD OF EDUCATION OF ORANGE COUNTY, ORANGE COUNTY, a body corporate a body corporate existing under and by existing under and by virtue of • virtue of the laws of the State of the laws of the State of North North Carolina Carolina • i'. anter In appropriate block.for each party: name,address,and,if appropriate, character or entity,eq.corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties,their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context, WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that. ., Township, certain lot or parcel of land situated in the City of. Cedar Grove • •• Orange County,North Carolina and more particularly described ns follows: BEGINNING at an iron stake, the Northwest corner of the former Cedar Grove Colored School property and the Southwest corner of the Torian property in the • line of parties of the first part; thence running South 88 deg. 00 min. West 105 feet to an iron stake; thence a new line South 3 deg. 00 min. West 312 feet to the Spurgeon Pore line as marked by iron stake and pointers; thence South 85 deg. 30 min. East 105 feet to a stake in the West line of the former Cedar Grove Colored School property; thence with the West line of said school property North 3 deg. 00 min. East 326 feet to the place or point of beginning, said tract containing 0.77 of an acre, as shown by survey and plot of Robert A. Jones, Registered Surveyor, made on June 17, 1959. N C.Oar Assoc,Form No.7 C 1177 '...''".. i ..... A A . , •,,4.5'.'.:1i . ,.. . " . .:' O5 * Title to the property hereinabove described is subject to the following exceptions: :-.: ...i . A. Subject to Deed of Easement recorded in Book 246, Page 578, *. ,':, : Orange County Registry. B. The above-described property shall revert to the ownership of the Board of Education of Orange County should it ever Icease to be used for a public purpose. . .. , . The property heieinsbuve described was ucquited by Gi antrn by inst.'urnent recorded ..... . . ,, .. .. .. _. A. map showing the above described pi°petty is recorded in Plat Book . .. page • TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the ,,,..,.,. Grantee in fee simple, -1,1'.•.: ,:. The Grantor makes no warranty,express or implied,as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or it corporate, has caused this instrument to be signed In Its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board ol Directors, the day and year first ' ''' above written, .., Board of Education of Orange County , „„,._,,____..........,....„,..........___.........„...:..._ (SEAL) • Name) ame) 0 '.. z ,.i By: -- 0 ....a (SEAL Chairman . . X ATTEST: 0 "4 ---.......--------------.,..--------------- (SEAL) — . . •. — . . . . .. . . SCI .,,,_. .. .., . -SeasetorY(Corporate Seal) UI -.......----„....---.......----,--.........-(SAL) SEAL-STAMP >, NORTH CAROLINA. —_..........—......._.......County a ...- .:, I,a Notary Public of the County and State aforesaid, certify that- .5 . Grantor, 6 personally appeared before me this day and acknowledged the execution of the foregoing instrument Witness my hand and official stamp or seal,this -- day of ......—.....s.„.............----,19--- My c - gt td or ' * Mommission eXpires: Notary Public. .:. . ... SEAL.snow NORTH CAROLINA,..........--....;.....,-----. County. I, a Notary Public of the County and State aforesaid, certify that O personally came before me this day and acknowledged that.........he is - - Secretary of at a North Carolina corporation,and that by authority duly cl given and no the set of the corporation, the foregoing Instrument was signed In its name by its 1,4 p President,sealed with its corporate seal and attested by at Its Secretary Witness my hand and official stamp or seal, this ........ day of .--......---.......OS Mycommission expires: ....--_--...._—....—_—___Notary Public " I ' . . The foregoing Certificate(C) of - —. .. .. ightte certified to be correct.This Instrument and this certificate are duly registered at the date and time and in the 71 oak and Page shown on the grit page hereof, ' -, ......— - —...... . .. ....... . — — .— ..... REGISTER OP Drum FOR COUNTY f' r : I Hy - .... .....« .... . Deputy/Assistant-Reg later of Deeds, is„.....0,04 VW'Assoc.Form Na,7 E 1977 1 191Na9 by Agreement oh*,the NC Sar A.a.0."".—1911 POOLE PreN7003 CD-INC.P.0 not 1737e FSALemGht NC vote i . t74% OL 4. Excise Tax Recording Time,Book and Page • Tax Lot No,.,.,. . .._ . .., Parcel Identifier No. , Verified by ....... County on the day of ... , 19 Isia[t after recording to Geoffrey Gledhill, Attorney for the County of Orange . 110 `ChUrtiih-Street;'Traltbd'rOu h, NC"' 27278 Thin inctrum•:ut N,a p -� s prepared by Ttl,arrington, .5m�th k Hargroy ., Attorneys at Law by I Richard A. Schwartz grief description for the Index NORTH CAROLINA NON-WARRANTY DEED , THIS DEED made this.. . .... . day of........ ... ..... ...... .......... .. . ., 19 , by and between ji' GRANTOR GRANTEE • • BOARD OF EDUCATION OF ORANGE COUNTY, ORANGE COUNTY, a body corporate a body corporate existing under and existing under and by virtue of by virtue of the laws of the State the laws of the State of North of North Carolina Carolina Enter in appropriate black far each party: name,address,and,If appropriate, character or entity,c.q.corporation or partnership, • The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of . . CedaX Grove Township, Orange County,North Carolina and more particularly described ns follows: =fD:I BEGINNING at an iron stake in an old red oak stump, the Southeast corner of III the former Cedar Grove Colored School property, and running thence North 3 deg. East with the line of Orange County Board of Education a distance of 339 feet to a stake, the Southeast corner of the property of Ed Wright; thence North 85 deg. 30 min. West 105 feet to iron stake and pointers; thence a new line South 3 deg. 00 min. West 367 feet to iron stake and pointers, a new corner; thence North 80 deg. 00 min. East 107 feet to the place or point of beginning, and containing 0.87 of an acre, according to survey and plot made by Robert A. Jones, Registered Surveyor, on June 17, 1959. N.C.,B+r Assoc.Form No-7 a 1777 , primed by Area nsn,o4,■Th.N.0 LW A.00,t:on—F981 t...) t . . ,- . t • ' • ' :•?• " ` .z 0 * Title to the property hereinabove described is subject to the following exceptions: A. Subject to Deed of Easement recorded in Book 246, Page 578, Orange County Registry. B. The above—described property shall revert to the ownership of the Board of Education of orange County should it ever cease to be used for a public purpose. The prupetty heleinuinne described wa equituri by Grunted by instrument Book 173, Page 117, Orange County Registry 1P4'7 A map showing the above described property is recorded in Plat Book page • TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied,as to title to the property hereinabove described. - IN WITNESS WHEREOF', the Grantor has hereunto set his hand and seal, or if corporate. has caused this instrument to be signed in 115 corporate name by Its duly authorized officers and its seal to be hereunto affixed by authority of Its Board of Directors,the dz.),and year tan above written. Board of Education of Orange County ................ ........_............ .......... ..... (SEAL) (Corporate Name) 0 (SEAL) — -------.........Immtoex Chairman ATTEST: Att (SEAL) . deeretary(Corporate Seal) (S:ZA L) SEAL-STAMP at Norm' CAROLINA, County. I, a Notary Public of the County and State aforesaid, certify that ----------------"777777----7------- ---------------- GT*PtLIT. u personally appeared before me this day and acknowledgedee execution of the foregoing instrument-Witness ins' cl hand and officio/stamp or seal,this day of „to . in ,0 My ceirrindesion expire s^„ Notary Public - - - — SEAL-STAMP Nonni CAROLINA, County. Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he is--------- --- -- Secretary of 1.4 ---------- --------------- a North Carolina corporation,and that by authority duly El given and aS the act of the corporation, the foregoing Instrument was signed in its name by Its p president,sealed with Its corporate seat and attested by as its - — Secretary, Witness my hand and official stamp or seal,this day of 05- My commission expires: Notary Public •' The foregoing Certificate(s) of -- - -- . ........ ...................... ........ . , ..... ...... ....... ............ .......... ............ ..... isiare certified to be correct-This Instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. • REGISTER OF DEEDS FOR COONTY By ----Deputy/Assistant-Register of Deeds NC.nar Form No,I C 1911 Printed by Are66461 with tar N.C.Bar Ailoa.0•67-•-••1911 . 1111 POOLE 11161TONO CO-114C.-P.O.60%17376 RALEIGH,H.C.27610 _ .• ORANGE couNry (fl BOARD OF oanimmmETs Action Agenda ACTION AGENDA ITE2 ABSTRACT Item bb...D MEETING DATE September 6, 1983 Subject: Public Defender's Office Departnent: County vanager I Public ilearing: ' ___ yes . x . no I Attachnent(s : " informataon Contact: County Manager's Office Phone Number: 732-8181 PURPOE: To consider staff recommendation for establishment of the Office. NEED: With the Public Defender's Office being approved by the State for Drangell County, effective July 1 , 1983, it became a county responsi- bilityl to pay the cost of space and furniture. The Public Defender is now located in the University Square Office Building where rental is $11.00 per foot annually. Alternative space could be arranged for the Office in the Old Police Building provided renovation could be done on the second floor. What served previously as a courtroom could be partitioned to provide the 1200 feet needed. Cost of partition doors, carpet, point, etc. , would amount to $3,500 to $4,000 if County Buildings crew does the work. Cost thereafter would be $4.00 per foot per year. IMPACT: $10,000 was allocated in the budget for the Public Defender's Office and furnitore. Expenditures to date have been: $2,625 Rental from July 1 thru September 30 2,965 Furniture purchase 3,600 Rental from October 1 thru June 3, 1984 4,000 Renovation cost estimate $13,190 The 13:190 PXCPSS rrii1d ho nrnuirior4 k., niw,,,k,ar., • • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda AuTION AGENDA ITEM ABSTRACT Item No.= MEETING DATE September 6, 1983 Subject: Employment Security Office Department: . county Manager -1 I Public HpAring: ' yes no] Attachrrent(s) : Information Contact: County Manager's Office Phone Number: 732-8181 PURPOSE: To cons der whether to participate with cost of having an employment security office in Orange County. NEED: The Employment Security Commission is interested in establishing an Office in Chapel Hill to serve Orange County residents in need of job placement assistance. At present the closest office is in Durham. A stafflof six full-time staff is planned for Orange County. While the State will pay the cost of salaries and equipment, ESC representatives have approached the County to share in the cost of snace since rental in Chapel Hill exceeds the $400 per month that the State has available for office rental . A site that appears suitable is the lower floor of the Housing Authority where 1 ,672 square feet could be leased at a rate of $8.00 per foot. IMPACT: The annual cost of $13,376 amounts to $1,114 per month. With $4,800 to be p id by the State, the County portion would be $8,576. Funds would have to be appropriated from contingency. O5 ::... . MAIZE COUNTY EO.A.RD OF CCX-24TSSIO7.?S Action Agenda . Item tlo..D / i Acria: g.-,:,-,TDA ran paSTP.ACT M,..l.c.fLNG DATE September 6, 1983 . . .-- Subject: Supplemental Grants to Health Department D- ...?.....--LaTent.: Heal . th Lf.lblic Hearing: yes x no . , . -..._,. . . Attachment(5): Information Contact: Jerry Robinson .,!7':-1 Pbone Wriihp-1-: Ext. 311 - ---- Y,R1 , .., . PURPOSE: The Board of Health requests that the Commissioners: A. Authorize completion of State grant documents to receive; .:* 1 Amount Source Granting Program $12,736 Federal Low Income Energy Assistance Family Planning $19,046 Federal Jobs Bill Maternal and Child Health ,•:.:, $31,782 ?.:111".• ,-..'.- • B. Amend the County Health budget as follows; Item No. Line Item Amount Purpose 1. 10-644-04 $12,000 Contracted Patient Health Education 2. 10-644-74 $736* Replace unrepairable typewriter 3. 10-641-02 $9,031 Continue CETA File Clerk until 6/30/84 .;:. 4. 10-641-04 $1,800 Additional contracted dental assistant tim, ,.. 5, 10-641-10 $825 Replace local travel and training for .. . nurses cut from Health Requested Budget 6. 10-641-74 $1,640* 2-two way radios for Environmental Staff -.v..., : 7. 10-641-74 $600* Replace unrepairable typewriter ..„ 8. 10-641-74 85,150* Computer hardware to implement required •.'t,'":. record system . - Total $31,782 *Estimated prebid costs NEED: Item Number from above: ,.: 1, The Board has as a major objective to increase\health education to prevent health problems. 2, Carr Mill Office has no functional typewriter. 3. With the loss of this CETA worker we would return to clinic crises management in Hillsborough. • 4. Needed to achieve our service and fee goals, 5. The County budget eliminated all conference, training and much of the necessary local travel for MCH and Epidemiology staff, ,..._ 6. Our old second hand radios are becoming unrepairable. Without radios we would have to discontinue the well program. 7. To replace a nonrepairable typewriter. • 8. The County Manager did not recommend this purchase with County money in the spirit of "if the State wants (requires) this, then let the State pay for it," These, - i- then, are State funds to begin the purchasing of equipment necessary to implement the required patient record system, ', • ' LMPACT: The needs as set by the Board of Health will be addressed, the department will .' ■ function betLer and the computerization money will resolve the problem in one office RECOMMENDAMN: Obtain and utilize the supplemental funds as requested by the Board of Ilealt: . , . , I '.. 1 . --.7 ,::::5-'!•.7 2 t„'t_ ,t,-2', ,,--74:7 t, - - . , .L:,—;;%',-t-,,z-,L.,::.--...:-.,:-7,...gv--.....t,::::;•:-..:- .rir;--':-.'.11V7.:. t•.L':1^-,!.....+.':, 4-:'-,*-- ,';..,:,•-t-''.V.'••• • ti,',.' . ' .,-24,,4 :,. ., . :.: '"'.1 ....,,..... .a.„.i.........a_...ra....-..„ :........4,1-- ,....th.... ...z............,.:6'..-.7-----:-....,-,...,.............,......,.,..-,,.....1.;......„.- .....--,---.... ,. . - . • * , . North Carolina Division of Social Services . , • . • Family Services Manual Volume VI: Services Administration Chapter IV - Methods of Service Provision ... . Section 8220 -d Purchase of Services: Executing the Contract 3-1-81 d-- . , 1 2. Authority to Sign Contracts a. County Department of Social Services •:,.' ' In order for a county to exercise its power to contract, it must act through its county commissioners. The commissioners may delegate this authority to a specific county official(s). The county department of social services must therefore • . -, establish with the board of county commissioners .-A-,-, :,..:. . which position(s) within the agency will have the authority to sign a contract and thereby be capable of legally binding the county. ' '..i...: b. Provider Agency When the provider is another county agency, they too must act through the board of county commissioners to determine authorization to enter into contracts. For private agencies, the county department of social services will need to determine with the provider :,. through their corporation the identity of an officer . . of the corporation or a person who has written ". '' authorization to enter into contracts. 3. Contract Period . '•%: .....- The contract must be signed by each party prior to the effective date of the contract. Claims for reimbursement ir..' are not allowable for expenditures incurred prior to the date on which the contract has been signed by all parties. .:4•..4 Retroactive dating of a contract is not permissible. .. ,,,;.•- The contract may cover any appropriate period as long as • the contract period is no long8r than twelve months. There . . is no requirement that the beginning and ending dates of the contract period coincide with the fiscal year. • However, if a rate has been established for a specific period, the contract period should end on or before the rate is to be re-established. . . 4. Purchase of Service Inventory Systems The Title XX. Branch of the Department of Human Resources is responsible for establishing, maintaining, and making available an inventory system which identifies each provider from which Title XX services are purchased, the '.I Title XX service being purchased, the type of 1 reimbursement mechanism employed in purchasing the . . . . . , i • i I , ' ..-- , . , .•... :'.;7::::,:...i:.. '7.-,' - ;'.':3. - - - ' - '--.-- _.. ' —.. * --•4•",t,,!,--,,;.!-•. N.- „--';',4, :•:'” - ',. -.-‘,-',...14:1'.."JZ, ,t•t t ,- ' :to ..;:".?:-..'1 ".• t- •tt;4e:':''r - • '.-'..t-:".-• 'tf41`74er":.-:44:aZ.- .7.'" 7.-:.;:';'1. .i.Y`?'..1t:',.:-2.-'.:: :2-":'-'"'''' '..4.4"46:2,,,:,,::-.7: ;.-, .'.-.,.....,.'z::-. :-'.l-' '.;...:1-:',:*- * 1 . !... ! . . . ! " , . . ! . . . '!' . :;,.::...,. ".,,Iii(.7•1:- , f.1.. ..;-:' 4;•;:th■.g.t*400&ii!,.7 ,i'' " ' ' ' ' . , :1:.:11Z.: t , ..,;'.-:..1..t .,' -..4'.,A ...,. . . - - t ,...,...riitagiemum.„,.maiwaskii,: , , I' „......■---: „...."----- 05; . , 1 _------- 4.111101INA Allig -0u '. . range-16nty 0 , 300 W,Tryon Street Hillsborough, N.C.2721 732-8181 ' 1 732-9361 ext.305 ' 4' ' 40 HEALTH DEPARTMENT Chapel Hill line 967-92 968-45 Mebane tine 227-20 Durham line 688-73 6s8-7a Carr Mill Mail, Suite Z 100 N. Greensboro Stre , Carrboro,N.C. 275 9424168 Jerry Robinson,M RA. I MEMO Oinpaor TO: 5everly Whitehead )Z ' 71- / ea ri 1- -',1-4,4--.)0k54.1 0 FROM: Jetty RObinsoh 01----_,... ... DATE: August 31, 198367 RE: Retaini.:14g my CETA File Clerk - I As per your request, I am informing you in writing regards the subject above. Medica/, clerical staff and myself are convinced that if we lose the CETA file clerk we shall return to crises management and serious personnel problems in Hillsborough. Accordingly, I sought and obtained other State money to continue the position. The Board of Health on August 25 agreed and approved a reqUest to the Commissioners to amend our budget to accomplish this with State money. An agenda abstract was prepared and forwarded to Mr. Thompson today, as I need Commissioner approval on September 6 in order to complete the State and local; procedures in time to secure the funds by October 1. IfII do not request the funds by October 1, I will lose them. I conversed with John Swift today and he will set up a Clerk (Records) II position on a permanent, time limited basis (this means that without funding the position and the incumbent will be Hired June 30, 1984). I did cover fringe benefits in my plan and figured the pay at grade 53, step 1. I . If the Commissioners approve this on September 6, I will submit the necessary documents (job description, etc. ) to secure Mr. Swift and your authorization for the position. Meanwhile, I will have the CETA worker request to be tested by Employment Security. JR:car ! 1 I 1 1 , t 06i , ORANGE: COUNTY ',.. BOARD 0? CCMMISSIONERS action agenda Item .1 .1 k.,. 2 ACTION AGENDA rial ABSTRACT . ' ,.. IketEETzz DATE 9-2 0-8 3 --- f . _ ', Subject: Authority to Sign Social Service Contracts . . _ ...- , 1 Public Rearing: DePartment: Social Services , . . , . I . 0........P.M■11. "*.10101:Wilbow.11.06•10..Z,011.4....11011 * ..... 1 . Attachment(s): . i Informaticrt Contact: Thomas M . Ward Family Services Manual, Vol . VI , Ch r IV, pg., 2 Mane Number: ' 732-8181 Ext . t229 . , 1 . . . . . . • Punpeet: ,. . Obtain CommissiOners approval for Director of Social Services. to" sign contracts for Title )0C services and state abortion and sterilization services . 1 1 ■ , . - I 1 ' , Need: 1 To bring signature practice into compliance with program regulations . I ' . . 1 i ! . 1 , ., . Impact,: f , . I I No change in Curent proce,dures ! , 1 / . I ' '; ':';4:;"47'■717r.' -.',' •• ',. ir,: .;....r; , ; ;;: :: . -"I.-7; -:7.. . . 1. , ; ::':; , ; ::. , .4.::: :', • r •‘':. :4..1,;,-;V.;`:''':;,Wify! t tV k ' ':'"-.*: ■ 4:;•4:CI ,:..k..... , ,,4-i-L.,,.... s?!:..;,-:-. 1;i: !-,=::'' ,.ler,. 'r. •,. :vir •...2,1'•;....i".;:Mt:."- •6••i.4-'4-Z471 tig'7;4;-; ',730,- A -:-' : f' !.1-7'.:'-•!-?' •,'!„.-4- • ,.....A:Wr .,• 't.,:t ..: ; • -..f.: .`4::•_,4:1•-•:,•kr .1. •-n: ncwi"r r•,:'- :".- ;,;_ ' ' . • .'- ' • 7.-:, 7 I' : :',7 4 '',!P-:I.."'' ' ' ':- f'' ....I,. . 1 0 i W . North 4rolina Division of Social Services Family Services Manual Volume VI: Services Administration Chapter IV - Methods of Service Provision Section 8220 . Purchase of Services: Executing the Contract 3-1-81 2. Authority to Sign Contracts a. County Department of Social Services In order for a county to exercise its power to contract, it must act through its county commissioners , The commissioners may delegate this authority co a specific county official(s). The county department of social services must therefore establish with the board of county commissioners which position(s) within the agency will have the authority to sign a contract and thereby be capable of legally binding the county. b. Provider Agency When the provider is another county agency, they too must act through the board of county Commissioners to determine authorization to enter into contracts. For private agencies, the county department of social services will need to determine with the provider through their corporation the identity of an officer of the corporation or a person who has written authorization to enter into contracts. 3. Contract Period The contract must be signed by each party prior to the effective date of the contract. Claims for reimbursement are not allowable for expenditures incurred prior to the date on which the contract, has been signed by all parties. Retroactive dating of a contract is not permissible. The contract may cover any appropriate period as long as the contract period is no longer than twelve months. There is no requirement that the beginning and ending dates of the contract period coincide with the fiscal year. However, if a rate has been established for a specific period, the contract period should end on or before the i rate is to be re-established. 4,. Purchase of Service Inventory Systems 1 1 . I ORMM couNa • BOARD OF CO-144ISSIONERS Action Agenda, AULLON AGENDA ITEII ABSTRACT Item No.D 1 3 pigErraNG DATf September 6, 1983 Proposed Budget Amendments SUbject: - I - * bepartment: . I Public Hearing: - yes no] -At.taonuent(s) : yes I Information Contact: Donna Clayton Phone Number: 919 732-8181 Ext. 495 PURPOSE: ConsideratiOn of Proposed Budget Amendments HEED: General Fund: 1) To budget for use of donations to cover unbudgeted trip to Snow Camp by Senior Citizem • 2) To budget for appropriation to Community Services Restitution Program. 3) To budget for an additional appropriation to Orange County Schools and Chapel Hill/Can Schools. 4) To budget for additional federal and state revenues in Social Services. 5) To budget for additional daycare revenues. 6) To budget for thetranSfer;of funds from County Capital Projects Fund to the appropriate departments to be used for the purchase of vehicles and capital equipment. 1 Capital Projeats Fund: To transfer funds to the General Fund for an additional appropriation to both school systems for capital outlay. IMPACT: General Fund: The attached budget amendment 1) increase the Department on Aging's budget to cover expenses from the Senior Citizens' trip to,.Snow Camp. 2) increase the County Commissioners' budget to allow for the appropriation to Community 1 Services Restitution Program. _ _ _ 54 • • . •.'"; .• : •• ••„ „ : . , • I, ' • ORANGE COUNTY PROPOSED 1983 -14 BUDGET AMENDMENT The 1983 - 84 Budget Ordinance of Orange County as adopted on June 27, 1983 and subsequently amended, is hereby amended as follows: General Fund: 1) Appropriation: 60. Source: ging Aging - Donations 60. To budget for donations received to cover expenses for Senior Citizens trip to Snow Camp. 2) Appropriation: County Commissioners - Intergovernmental Participation $ 1,000. Source: Contingencies $ 1,000. To budget for appropriation to Community Services Restitution Program, as approved by the Board of Commissioners on August 16, 1983. • 3) Appropriation: Orange County Schools $ 100,000. • Chapel Hill/Cariboro Schools 100,000. Source: Transfer from County Capital Projects Fund $ 200,000. To budget for additional appropriation for both school systems, as approved by the Board of Commissioners on August 22, 1983. 4) Source: Social Services - Title XX $ 5,072. Social Services - State Block Grant 10,550. To budget for additional federal and state revenues. These funds will replace county dollars and will increase unappropriated fund balance. `,..;;;;■4 • •;:.; = ,• 55C 064 Proposed Budget Amendments September 6, 1983 Page 2 , . • , 5) Appropriation: Social Services $ 24,390. • .st Source: Social Services - Subsidy $ 24,390. • , , To budget for additional state daycare funds received for first six months of fiscal year 1983-84. 6) Appropriation: • 'J Elections $ 12,000. Public Works 16,500. Sheriff 51,900. Source: Transfer from County Capital Projects Fund 80,400. To budget for transfer of funds from Capital Projects Fund into the . • appropriate, county departments to be used for the purchase of vehicles and capital equipment. • .•r Approved this day of , 1983. Ii •,1 i • - bt) ;r:k yr, • Iv; ' 085 ORANGE COUNTY PROPOSED COUNTY CAPITAL1PROJECTS ORDINANCE AMENDMENT The Capital Projects Ordinance of Orange County as adopted, and subsequently amended, is hereby amended as follows: Appropriation: Capital ($ 280,400.) Source: Transfer to General Fund 280,400. To transfer funds to the General Fund for an additional appropriation to Schools - Capital Outlay and the purchase of vehicles and equipment in the county departments. 4., Approved this day of , 1983. 1111 I ORANGE couNry 06i BOARD OF ONMISSIONEPS Action Agenda ACTION ArImA ITEM ABSTRACT Item 143014 MEETING DAM September 6, 1 8 3 Subject: APPOINTMENTS Department: comtvijsvpms 1 I Public Hearing: yes no- Attachments Information Contact: SHARON E. ALLISON. ACTING 'CLERK TO THE :13-0-APTI Phone Number: 7 32-8.T.81 ext. 505 — PURPOSE: TO MAINTAIN COMMISSIONERS APPOINTED BOARDS AT EFFECTIVE MEMBERSHIP LEVELS. TO UPDATE BOARD ON UPCOMING VACANCIES. 1 COMMISSIOUIFOR WOMEN: I vacancy - Resume submitted by Vetta Insho 15m. Beth Cot, DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE: 3 vacancies A.emain to be 6itted (2 home adMinistkatou and 1 county appointee) . 3 Resumes submitted 0/1. appaint o$ home adM,EnistiLatolus; 4 Resumes submitted On appointnent ptom the gene/tat pub.. 1 ORANGE COUNTY PLANNING BOARD: 1 vacancy - 4 Resumes teceived. ORANGE COUNTY SENIOR CITIZENS OARP: 2 vacancies - 4 Rezume4 kezeived. (1 membek Ptom the. Town 06 Hilabotough; T. county appointed membeA. ) JURY COMMISSIONF—TVacancy - pcaterly ABC BOARD: ' 1. vacancy - 2 Resumes Wit. H.W. Mooke would tike to be neappointed. ) AD HOC SCHOOL CAPITAL TASK FORCE: Nomination4 keceived Otom 0/Lange County Schoot Boand and Chapee Hat-CamboAo City Schoots . ORANGE COUNTY OW BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item ND1p115 MEETING DATE September 6, 1983 Subject: JOINT PLANNING AREA BOUNDARIES • ak .R I Public Hearing: yes x no j Attachrreni.7) : Information COntact: YES Commissioner Don Willhoit ---- Phone Number: 732-8181 ext. 505 PURPOSE: To consider revising the boundaries. NEED: Section 1.2 of the agreement approved by the Board on states that the Orange County Land Use M4 delineates the boundaries and the specific planning designations of the Joint Planning Area. Based on intervening discussion With Town of Carrboro and Chapel Hill officials it may be necessary to consider ;revising the area described. Commissioner Willhoit will present information at the meeting regarding this. IMPACT: Legend: URBAN RURAL BUFFER GJ COMMERCIAL TRANSITION 10 YEAR TRANSITION PUBLIC INTEREST AREA 4D 0 EXISTING URBAN SCOI&I PROPOSED URBAN Flmllli�� 20 YEAR TRANSITION 0 RURAL NEIGHRORIJOOJ) 0 4000! 0000' • - ' .47.!-•••■,5's,„„..,., gilt 4-- -4. t-SlIft z - • • • . . t. • COLEMAN, BERNHOL?, DICKERSON, BERNHOLZ, GLEDHILL& HARGRAVE ATTORNEYS AT LAW 110 CHUM ON STREET HILLSBOROUGH_NI,C. 27278 919,732.2196 919-942-8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E.FRANKLIN SlRF.ET CHAPEL HILL. NC 27514 919 929 715! ALONZO B COLEMAN,JR STELEN A.BERNI-1012 DoNALD Dici(E.asoN April 29, 1983 CH BONNER D SAWYER Mr. Donald Willhoit (1.,02 for the Board of County Commissioners Orangei County Courthouse 106 Margaret Lane Hillsborough, North Carolina 27278 Re: Joint Planning Agreement Dear Dbn: Per the directions of the Board I have revised the January 12, 1981 draft of the proposed Joint Planning Agreement to (1) include OWASA as a non-voting, ex officio member of the Joint Planning Commission; (2) provide for joint review by the County and respective towns in the joint planning areas of each; and (3) conform the development standards contained in the agreement, particularly in the watershed protection areas, to conform with the standards now in place iri the Orange County Zoning Ordinance. Very truly yours, Gledhill GEG/jac Enclosure cc: Mr. Marvin Collins Ms. Susan Smith Mr. Ken Thompson •' " - - , 070 JOINT PLANNING AGREEMENT DRAFT December 28, 1981 (undistributed) January 25, 1982 February 1, 1982 February 21, 1982 April 28, 1982 November 18, 1982 January 12, 1983 March 7, 1983 THIS AGREEMENT, made and entered into this the day of 198__, by, between and among the COUNTY OF ORANGE, a political subdivision of -fhe State of North Carolina, THE TOWN OF CHAPEL HILL, and TOWN OF CARRBORO, Municipal corporations duly created and existing under the laws of North Carolina, sometimes referred to herein as "Governmental Units"; WITNESSETH: In considerationi of the public benefits expected to flow from the cooperative efforts of the Governmental Units as the result of the establishment of coordinated and comprehensive planning within their respective areas of public concern, the parties of this Agreement hereby mutually agree as follows: ARTICLE 1. PURPOSE AND DEFINITION Section 1.1 Purpose of the Agreement. The purpose o this agreement is to establish a method of coordinated and comprehensive planning in the Orange County-Chapel Hill-Carrboro Joint Planning Area (hereinafter referred to as the Joint Planning Area) as delineated on the adopted Orange! County Land Use Plan Map. This Agreement is intended as an administrative agreement and procedure for the mutual cooperation of the parties in dealing with the subject matter. Section 1.2 Definition of the Joint Planning Area. The Orange County Land Use Plan Map delineates the boundaries and the specific planning designations of the Joint Planning Area. The map, as it exists now and as it may be amended from time to time is incorporated herein by reference and made a part of this Agreement. Section 1.3 Creation of the Joint Planning Process. There is herepy established a joint planning process for the review and rnnnticrmpnt nf inn- in th. tieromorie :; 4-" .t*r7F:44!■41,.,:;, . ••° • ARTICLE 2. MUTUAL ADOPTION OF STANDARDS Section 2.1 Mutual Adoption of the Joint Planning Area Land Use Plan and Map 1 The parties to this Agreement hereby adopt as the Joint Planning Area Land Use Plan and Map so much of the Orange County Land Use Plan and Map as relates to the Joint Planning Area and designate the following areas which are likely to be developed at urban densities within a ten and twenty year period: Joint Planning Area: Ten Year Transition and Joint! Planning Area Twenty Year Transition and the following areas that will remain rural during the twenty year period: Joinli Planning Area: Rural and Joint! Planning Area: University Lake Watershed. Section 2.2 Mutual Adoption and Application of Development Standards. The parties to this agreement shall adopt the following development standards and apply them in the Joint Planning Area. A. Orange County will adopt and apply development standards in the Ten and Twenty Year Transition Areas of the Joint Planning Area which will be those of the respective Towns and those of OWASA. Carrboro standards will be adopted and applied west of and Chapel Hill standards will be adopted and applied east of a boundary within the Joint Planning Area created by the southern Railroad Line from its intersection with the northern boundary of the Joint Planning Area generally south to its intersection with a line running generally north and south and at all points 250 feet east of and parallel to Smith Level Road (S.R. 1919). From the point of that intersection generally south along with the line at all points 250 fet east of and parallel to Smith Level Road to a point where that line intersects the Joint Planning Area Boundary on the southwest. B. Tle Towns of Chapel Hill and Carrboro will adopt and apply development standards in the Area outside of their corporate limits but within their extraterritorial planning jurisdictions which meet or exceed Orange County development standards. C. Standards for density of development will be adopted in accordance with the Joint Planning Area Land Use Plan and zoning ordinances of the Tnwnn :anti Oniontei carbri . districts contained in Sections 4.2.27 and 6.23 of the Orange County Zoning Ordinance, which sections are incorporated herein by reference. A copy of each section is attached hereto and labeled Addendum 3. Other performance standards necessary to maintain the character of the area rural and to protect the watershed shall also be required when made a part of the Joint Planning Area Land Use Plan and the zoning ordinances of the Towns and County. D. Standards for land and structure uses in the Joint Planning Area will be in accordance with the Joint Planning Area Land Use Plan and zoning ordinances of the Towns and County. E. Standards for roads and streets will be in accordance with the Chapel Hill-Carrboro Transportation Plan. F. Standards for police and fire services. (Reserved) G. Wiithin the Joint Planning Area the specifications and standards for OWASA are accepted by the governmental units as the development standards for water and sewer services. ARTICLE 3. WATER AND SEWER EXTENSIONS. Section 3.1 Water and Sewer Extension Policy. The planning and extension of water and sewer services in the Joint Planning Area shall be accomplished in conformance with the following general principles: A. Water and sewer extensions shall be made in a manner which *forms to the Joint Planning Area Land Use Plan. 13. Water and sewer extensions outside the corporate boundaries of the Towns shall be made within the timing and locational framework provided for in the Joint Planning Area Land Use Plan categories: Joint Planning Area: Ten Year Transition Joint Planning Area: Twenty Year Transition Joint Planning Area: Rural Joint Planning Area: University Lake Wateshed C. Water and sewer extensions shall be considered in light of the policy of the Towns and County to promote infill development in the Towns. Extensions of the water and sewer lines in the Joint Pli/nning Area is most appropriate in the Joint Planning Area designated Ten Year Transition, first and the Joint Planning Area designated Twenty Year Transition, second. Extensions of water and sewer lines in the Joint Planning Area designated Rural and University Lake Watershed shall be discouraged, provided, however, any extensions which are made shall be in conformity with land use — — plans in effect. D. The extension of water and sewer lines into a new drainage basin shall be considered in light of the facility and desirability of serving the entirety of a drainage basin. E. The sizing of water and sewer extension lines shall reflect the principles outlined above. ARTICLE 4. JOINT REVIEW AND COURTESY REVIEW Section 4.1 Joqrt Review and Courtesy Review Established. Orange County, Chapel Hill and Carrboro, through their respective planning departments, will provide each other with copies of their respective land use plans and associated land use policies and regulations and amendments thereto. Administrative procedures shall be established to provide for review of and recommendation, on all development projects in the Joint Planning Area by the parties to this Agreement prior to final action by the parties with jurisdiction. Section 4.2 Review Schedules. Each party to this Agreement shall establish a review schedule for projects within their respective jurisdictions. These schedules shall be considered a part of this Agreement but may be changed by the respective parties without requiring an amendment to the Agreement. Each party to the Agreement shall be notified of any change. The Review Schedules to become effective with the adoption of this Agreement are detailed in Addendum 1. Section 4.3 Joint Review and Courtesy Review Areas. Orange County hall have review and approval authority over the entire Joint Planning Area. I The Orange County courtesy review area encompasses that portion of the panning jurisdictions of Chapel Hill and Carrboro outside of their respective corporate limits but within their respective extraterritorial planning jurisdiction. Chapel Hill shall have review and approval authority over that portion of the Joint Planning Area lying east of the boundary defined in Section 2.2A. The Chapel Hill courtesy review area lies west of that boundary. Carrboro shall have review and approval authority over that portion of the Joint Planning Area lying west of the boundary defined in Section 2.2A. The Carrboro courtesy review area lies east of that boundary. Section 4.4 Joint Review and Courtesy Review Periods. The governmental unit in whose jurisdiction a project is located will allow sufficient time fdr the other parties to conduct their review prior to final action on the project. I All parties reviewing a project will conduct their review as expeditiously as possible. 1 The courtesy ;review period will begin on the day a project is accepted for consideration bY a particular party, at which time the party accepting the project will mail additional copies of the project to the party entitled to courtesy review. The courtesy review period will be forty-five (45) days during which period the reviewing party will provide the accepting party with a written response. Such response will include, as a minimum, that the reviewing party has commented or waived comment on a particular project proposal. ARTICLE 5. AMENDMENTS Section 5.1 Amendments to the Joint Planning Area Land Use Plan and Map. Proposed amendments to the Joint Planning Area Land Use Plan and Map shall be referred to the]Joint Planning Advisory Commission for its comment, coordination and recommendation before action by any party to this Agreement. A recommendation] for amendment shall be presented by the Joint Planning Advisory Commission to the Boards of the parties to this Agreement for consideration and if approved by the parties, for adoption. Each party to] this Agreement shall establish administrative procedures for consideration and action on proposed amendments to the Joint Planning Area Land Use Plan and Map. These procedures shall provide courtesy review of the proposed amendment. The amendment procedures to become effective with the adoption of this Agreement are outlined in Addendum 2 to the Agreement. ; Section 5.2 Amendments to the Agreement. Proposed amendments to this Agreement shall be referred to the Joint Planning Advisory Commission for its comment, coordination and recommendation before action by the parties to this Agreement as follows: A. Each party will receive notification of the amendment proposal prior to the consideration of the proposal by the Commission. B. Suificient time will be allowed to permit consideration of the amendment by each party. C. Each party will bring its recommendations on the amendment to the Commission during the Commission's deliberations on the amendment. D. After consideration of all recommendations made by the parties to this Agreement, the Commission shall make a recommendation of action to each party. E. Am endments to the Agreement can only be made by agreement of all;the parties to the Agreement. • ARTICLE 6. IMPLEMENTATION Section 6.1 Implementation of the Agreement. The Planning Department or staff of each party to this Agreement shall establish administrative working procedures to implement this Agreement. Section 6.2 Authorization of Inspections. (RESERVED) Section 6.3 Joint Planning Advisory Commission. The Joint Plann4 Advisory Commission is established for the purpose of joint planning. Its work shall include, but not be limited to, periodic review and evaluation of progress on joint planning activities, further definition of joint standards for development proposals, amendments to the Joint Planning Agreement, amendments to the Joint Planning Area Land Use Plan and Map, the establishment of an urban services area and the recommendation of policies for the extension of water and sewer facilities, and other means as may be necessary to assure desired development patterns in the Joint Planning Area. The Joint Planning Advisory Commission shall consist of twelve members as determined by the following representation scheme: 2 Orange County Commissioners 2 Orange County Planning Board members 2 Chapel Hill Councilors 2 Chapel Hill Planning Board members 2 Carrboro Aldermen 2 Carrboro Planning Board members 2 OWASA Board members who shall serve as non-voting ex officio members of the Commission Section 6.4 Duration. This Agreement shall be effective upon its execution by the parties hereto, and shall continue thereafter until termination by mutual agreement or when all the parties have withdrawn from the Agreement. ADDENDUM 1 REVIEW SCHEDULES 1. The following review schedule pertains to project requests within the jurisdiction of Orange County after which time the County will take final action on the request. A. Minor subdivisions. Following a staff review period of thirty (30) days, the staff will make a final decision on the request unless appealed to the Planning Board. B. Major subdivisions. Following a staff review period of thirty (30) days, the Planning Board will consider the request at their next regularly scheduled meeting at which time they will either make a decision on the prOject or table it for later consideration. A final decision on the request will be made at the second regularly scheduled Planning Board meeting. 1 C. Special use permits. The review period shall extend up to and including the public hearing. D. Rezonings and planned development requests. The review period shall extend up to and including the public hearing held during the last regularly scheduled meetings in August, November, February, and May. 2. The following review schedule pertains to projects within the jurisdiction of Chapel hill. A. SUBDIVISION PRELIMINARY SKETCH: STAFF REVIEW: Maximum of 30 days after acceptance of completed application. PLANNING BOARD REVIEW: Maximum of 30 days after the meeting at 1 which the staff recommendation is presented. COUNCIL ACTION: No time limit. B. SPBCIAL USE PERMIT AND MODIFICATIONS TO SPECIAL USE PERMITS, INCLUDING PLANNED DEVELOPMENT: STAFF REVIEW: Maximum of 30 days after acceptance of completed application, unless extended by Council or by consent of the applicant. PLANNING BOARD REVIEW: Maximum of 30 days after the meeting at which the staff recommendation is presented, unless extended by Council or by consent of the applicant. PUBLIC HEARING: Council holds Public Hearings on the third Mondays of January, March, May, September and November. -7- , TOWN MANAGER'S REPORT: Maximum of 30 days after completion of Public Hearing, unless extended by Council or by consent of the Applicant. COUNCIL ACTION: No time limit. C. ZONING MAP AMENDMENTS. STAFF REVIEW: Maximum of 21 days after acceptance of completed application, unless extended by Council or by consent of the applicant. PLANNING BOARD REVIEW: Maximum of 35 days after the meeting at which the staff recommendation is presented, unless extended by Council or by consent of the applicant. PUBLIC HEARING: Council holds Public Hearings on the third Monday of January, March, May, September and November. TOWN MANAGER'S REPORT: Maximum of 30 days after completion of Public Hearing, unless extended by Council or by consent of the applicant. COUNCIL ACTION: No time limit. 3. The following review schedule pertains to projects within the jurisdiction of Carrborio:. 1 In general, the courtesy review period for all proposals submitted to the Town under the Joint Planning Agreement shall be thirty (30) working days. This period will allow the Town staff to review proposals and make recommendations in a staff report prior to the proposal's being presented to any Town Boards. The Carrboro Planning Board will be notified of all proposals received for courtesy review. The review schedule for projects within the Town's jurisdiction shall be as follows:I A. For projects requiring a Special Use Permit, the Town's review period shall be a minimum of fifteen (15) working days before a final determination is made by the staff or the Board of Adjustment. B. Projects requiring a Conditional Use Permit shall have a review period of thirty (30) days. The review period shall include a Planning Board meeting and final action by the Board of Aldermen. C. For Major Subdivisions that require a Conditional Use Permit, the Town's review period shall be a minimum of thirty (30) working days before final action is taken by the Board of Aldermen. (Note: Major Subdivisions are generally defined as proposals which create more than three lots.) -8- D. Fix' projects determined to be suitable for Minor Subdivision review, the staff review period shall be a minimum of ten (10) working days before final action is taken by the Planning Director. (Note; Minor SUbdivisions are generally defined as proposals which create no more than a total of three lots.) E. POI* Amendments to the Orange County Zoning Ordinance or Land Use Plan for Rezoning requests, the Town shall review the request within a minimum of thirty (30) working days before final action is taken by the Bo lard of Aldermen. Carrboro ,ill make a reasonable effort to review projects or proposals covered by this courtesy review agreement within a maximum courtesy review period of forty-five (45) days. At the time materials are distributed for courtesy review, Carrboro wall notify other jurisdictions of any meetings or public hearings scheduled where the proposals will be discussed. Carrboro shall not be required to delay approval of proposals or regularly scheduled 1Planning Board and other advisory board meetings until review comments have been received from other parties to this agreement. -9- .....■■••■••••■■ ADDENDUM 2 JOINT PLANNING AREA LAND USE PLAN AMENDMENT PROCEDURES A. Orange County. The Orange County Board of Commissioners, with input from IChapel Hill and Carrboro, will hold public hearings on amendment proposals twice a year. In addition to the notice required by law, Chapel Hill and Carrboro, through their respective Planning staffs shall receive notice of the public hearing days prior to it and shall receive copies of all documents related to the amendment proposal with the notice. The Board of Commissioners will refer the amendment proposal to the Orange County Planning Board which Board shall make a recommendation to the Board of Commissioners as in the case of amendments to the Orange County Zoning Ordinance, Atlas and Land Use Plan. Action on the amendment shall occur only after the public hearing and Planning Board recommendation as provided in the Orange County Zoning Ordinance. Public Hearings for Joint Planning Area Land Use Plan and Map amendment requests shall not be held at the same time as rezoning public hearings unless the amendment has no effect on the rezoning request. 1 B. (Reser* for Chapel Hill). C. (Reserved for Carrboro). -10- .7Y-01.;4 '••■• ! , 080 ADDENDUM 3 4 . 2 . 26 RESERVED *4 . 2 . 27 Protected Watershed II (PW-II District a) Intent It is the intent of Orange County to regulate the uses of land and structures in watersheds which drain to reservoirs supplying drinking: water7to*--the people of Orange County . The quality of water in these water supply watersheds can be affected by the activities of man including farming , construc- tion of hignways and rural subdivisions and the &Amended 7/6/92 growth of towns and industrial development . Types of water pollutants resulting from these activities include sediment , bacterial contamination, heavy metals , synthetic organic compounds and low-level radioactivity. A Task force appointed by the County Commissioners has studied the problems of water pollution . They have documented their findings jn a report entitled Report of the Orange County Water Resources Task Force and dated May, 1981 . That statement of problems and needs is included by refer- ence . The intent of the Protected Watershed II (PW-II) district is to apply a set of regulations for watershed protection to portions of water-supply watersheds in the Countr which are presently mostly undeveloped and where* it is desireahl to maintain the rural undeveloped character of the watershed in the future . • b) Application Criteria The Protected Watershed II (PW-II) district is established as a district which overlays other zoning districts established in this ordinance. The new use of any land or any new structure with- in the Protected Watershed II ( PW-II) district shall comply with use regulations applicabLe to the underlying zoning district as well as the require- ments of the PW-II district . 1 . This district will be applied to the University Lake and Cane Creek watersheds designated in the Land Use Plan . . : :-7,7•4 41,7.S; 4 41,4 • ;4; '1?". 1 • , 081 *6.23 Extra Re.uirements For Protected Watershed Districts (P1I) *6.23.1 Stream Buffers Required in Protected Watersheds Within the Protected Watershed District, an area of land alon preanial streams shall be required to remain in its natural state, unless the area is subject to serious erosion in which case an erosion resistant vegetative cover shall be establisher and maintained. Perennial streams are those steams in solid blue on the USGS Quadrangel map for Orange County. *6.23. 1 a) Width of Buffer Calculated The stream buffer area dual start at the outer edge of flood plan and be measured a distance of fifty (50) feet away from the flood plain plus an additional distance depending on the slope near the scream. The slope shall be calculated by measur ing a distance Z50 feet from the center of the stream, determir ing the average rise in elevation and multiplying that value by four. This value shall be added to the minimum buffer of 50 fe to determine total width of buffer area required. The maximuu buffer in any case shall not exceed 150 feet. The flood plain is defined in the Orange County Flood Damage Prevention Ordinan by special survey by registered engineers or suveyors1, by the alluvial soil as designated in the Orange County 4Y-td survey, or through a site analysis by the Orange County Planning Staff. Slope shall be determined from the USGS Quadrangle map, by on- site measurements , or, by special survey by registered engineer or suveyors. * 6.23.1 b) Development Advisory Committee's Review of Stream Buffers - 41 The Development Advisory Committee established in Article 2.4.2, can review the buffer requirements for all develop- ments and may recommend additional buffer area where necessary. *6.23. 1 c) Permitted Uses Within Stream Buffer Areas The following uses are allowed as a matter or right in stream buffers . All other uses are prohibited. 1. Above ground and buried utility lines for local distri- bution of electricity, telephone, and cable television service, accessory and appertent apparatus such as poles , guy wires, transformers and swtiching boxes. 2. Bona fide farms except any use of farm property for non-farm purposes . 3. Neighborhood utility facilities located within a public nf WAV with tha -r ,... ..-•-■■•••••■••••■•••■•• . , • ; .,•• ;;. . 24 4 ,11;‘," • • O8 • *6. 23. 1 d) Stream Buffers Included As Part of Miniaium Lot Size Re.uiremen Stream Buffers may be used as part of the required lot area or lot size for residential and non-residential developments. _ . *6.23.1 e) Existing Vegetation In Buffer Areas Existing forested areas or any healthy vegetation can not be removed from a stream buffer except when replaced with vege- tation resulting in comparable storm water run off velocity and quantity one year after planting. *6.23. 1 f) New Vegetation In Buffer Areas Required Ne4 vegetation shall be planted to capture non-source pollutant before they reach the perennial stream, as per applicable °rang County standards . *6.23.3 Reserved *6.23 .4 Imiervious Surface Re:ulated in Protected Watersheds An impervious surface is any surface through which water cannot penetrate or can only penetrate slowly. This would include paved streets and parking lots , concrete sidewalks, and structu which cover land. As a watershed becomes developed, the amount of impervious surface increases causing a decrease in soil absorption of storm water and an increase in direct runoff to streams witka resulting increase in potential water pollution. *6.23.4 Impervious Surface Re:ulated in Protected Watersheds In order to promote infiltration of storm water into the maximum soil and minimize direct and immediate runoff into streams A impervious surface rations shall be required in Protected Watershed II (PW-II) District. *Amended 7/6/82 • i •.•. w' .. •, f. *.'''::.;- ' Y - ., ue aix,-,4i .:::' ;"k. Sw.0-T i M T•.iv. '-: --." ::' '•fP: • , ;.::+-.Ni�� 'i i_f +s : 't" _•'r.'s •� t� ' wr }:��,' �;n>�in.''r,;• .;j. �. i.4 "'+. �,,i � s; .�e i+L'M +,, .3-«"k �y� ; i;r,f,q •M': . .. , T' t.� 4.,, n �+a:.+ (, _ a 'i rw-il.M.ra . - K L....-...L.,- r ;.W k . Of * M 11mirrQ S S RF RAVNS - ce GROSS E ND� zcrr.TNG DISTR cr WI liZSIDENTIAI, r z'zaL AB 22 6.0% 6.0% 0 1 22 6.0% 6.0% ! RI 22 6.0% 6.0% 22 6.0% 6.0% • R2 24 6.5% 6.5% 26 7.0% 7.0% 1 R3 28 8.9% 8.9% 30 10.0% 10.0% . ; R4 33 14.2%2% 14.2% 1 R5 33 17 c: 17.0: :3 ;: :3..8; 3 R8 ,_:•7-, 3 22,01 22.0% I 145 24.5% 24.5%` I R].3 _ 50 31% 31.0% k ' tcl 30 10,0% . 11.8% 32 12.8% 11.8% ! NO2 40 18.8% 18.8% j 42 21.0% 21.0% • 1` CC3 50 31.0% 31.0x• r 52 34.4% 34.4% 1 004 53 35.0% 16.0% 55 39.4% 39.4% 4 ! ECS 53 36.0% 36.0% j 55 39.4% 39.4% CI 40 18.3% 18.8% i 42 21.0% 21.0% ! Et 23 6.3% 6.3% 25 6.3% 6.3% II 23 6.3% 6.3% 35 6.8% 6.8% I 12 45 24.5; 24.5% i 47 27.0% 27.0% 1 13 50 31.0% 31.0% 52 34.4% 34,4% As . 6.0% 6.0% i - 6,0% 6.0% 1 ED 6.0% 6.0% 6.0% 6.0% 1 RID 6.0% 6.0% - 6.0% 6.0% • 4 EOLEMAN, BERNHO117, DICKERSON, BERNI-10L2, GLEDHI4 & HARGRAVE ATTORNEYS AT LAW 110 CHURTON STREET HILLSBOROUGH,.N.,C 27278 1 919-732.2196 919.942.8000 CHAPEL HILL OFFICE SUITE 20.FRANKLIN BUILDING 137 a FRANKLIN STREET CHAPEL HILL NC 27514 91,P329-7151 ALONZO B, COLEMAN.JR STEVEN A.BERNHOLZ f.IONALD R.DICKERSON Ap ril 29, 1983 ;if),:E.1,;3 BONI K311 toL'i ;t I i MAI;';!ti icvi It LIAM I-I 1.311E! 1- .111 Coonwl BONNER D SAWYER Mr. Donald Willhoit (1,mrt vi72) for the Board of County Commissioners Orange l County Courthouse 106 Margaret Lane Hillsboi1ough, North Carolina 27278 Re: Joint Planning Agreement Dear Dion: Per the directions of the Board I have revised the January 12, 19831i draft of the proposed Joint Planning Agreement to (1) include OWASA, as a non-voting, ex officio member of the Joint Planning Commission; (2) provide for joint review by the County and respective towns in the joint planning areas of each; and (3) conform the development standards contained in the agreement, particularly in the watershed protection areas, to conform with the standards now in place iri the Orange County Zoning Ordinance. Very truly yours, 1 fire 1. Gledhill GEG/jac; Enclosure cc: Marvin Collins Ms.i Susan Smith Mr.1 Ken Thompson