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Agenda - 12-05-1983
| ' ---- � | ' | � ORANGE COUNTY BOARD OF COMMISSIONERS ^�' AGENDA .� MONDAY, DECEMBER 5, 1983 7:30 P.M. COMMISSIONERS' MEETING ROOM NEW COURTHOUSE HILLSBOROUGH, NORTH CAROLINA A. BOARD CO ENTS B. AUDIENCE OMMENTS ' | D. APPOINTMENT E. APPROVAL F. REPORTS F l Mr. ' he B .,=` Human 2. nr Roman .1 give •Latus report on the development of plans and specifications • for renovating the Old Courthouse • G. ITEMS F0R|D[CI3ION 1. s 2. Proposed Minimum Housing Code 3. Staffing to Implement Amended Erosion Control Ordinance 4. Legislation and Ordinance Drafting Service Relating to Farm Preservation 5. Propo ed Charge to Newly Established Child Care Council 6. Alarm ito,ing 7. Flagman Hill Subdivision - Preliminary Plan 8. Northside Drive Participatory Paving Project • 9. El 10. 11. Title Contract for Funding Department 12. Data Processing Agreement with Orange County Board of 13. 14. Agreement Renewal with Cedar Grove Day Care Center Lease at the ChapellHill Housing Authority 15. Examination of TO, -- Bonds 17, Processing— � — CD Project l8~ Budget �c Development and Sheriff 19, Repair and Construction - Cedar Grove and the Northside Centers 20, Addition to Public Hearing Scheduled for January 23, 1984 21. Executive Session ^ ' mr , . | ~ INDEX 12/6/83 _________ AGENDA ITEM 1 ABSTRACT 7 -- — - 77:13177-- 8-1 Rescind Water Conservation Measures 02 02~ • G-2 Proposed rh mum Housing Code 03 03-23 8-3 Staffing to Implement Auended Erosion Control Ordinance 24 24-34 8-4 Legislaltion and Ordinance Drafting Service Relating to 35 35-37 Farm Preservation 8-5 Proposed Charge to Newly Established Child Care Council 38 38-39 8-6 � ��Monitoring 40 40-41 8-7 Flagman Hill Subdivision Preliminary Plan 42 42-44 8-8 Northsie Drive Participatory Project 45 45-51 G-9 Electrical Inspector - Above Entry Hiring Request 52 52- . 8-10 Naming Change for the Harmon Young Activity Node 53 53- 8-11 Title 54 54-65 Q~73 Data PrOcessing Agreement with Orange County Board 66 66-69 of Education 6-13 Lease 70 70+71 8`l4 Lease Agreements for Employment Security Commission Office 72 72-82 Space at the Chapel Hill Housing Authority 8-75 Examination of Official Bonds 83 83-99 8,10 Project Ordinance Amendment - Cuunoilville CD Project 100 100-101 8-l7 Budget Amendment - Data Processing 102 102-10 ' 8-18 Budget lAmendment - D3S° Economic Development and Sheriff 104 704-105 �~l9 Repair and Construction - Cedar Grove and the Northside 106 106- ' Centers 8-20 Additiok to Public Hearing Scheduled for January 23, 1984 107 107- | | � - � _ | 1 MINUTES ORM -D COM? BOARD OF cavisnomms 1100 k December 5, 1983 „fil A The Orange County Board of Commissioners met in regular session on Monday, December 5, 1963 at 7:30 p.m. in the Corrnissioners Room of the Orange County Courthouse, North Carolina. Cormissioners Present: Richard E. Whitted, Chairman, and Comissioners Ben Lloyd, Shirley Marshall, Norman Walker and Don Willhoit. A. FOARD CO:` Commissioner Whitted deleted item "8" and added a response to a letter from Ann Sanford. B. ElinaaCaliEllrS None C. 11.0.'" X- % _ZATION The first Monday in December is designated for Board organization. Commissioner Whitted announced that he will not be a candidate for reelection of Chairman of the Board for 1984. A vote, by ballot, for Chair indicated three (3) votes for Don Willhoit, (Marshall, Whitted, Willhoit) and two (2) votes for Norman Walker, (Lloyd, Walker). A vote, by ballot, for Vice-Chair indicated three (3) votes for Shirley Marshall, (Marshall, Whitted, Willhoit), and two (2) votes for Ben Lloyd, (Lloyd, Walker). Commissioner Don Willhoit commended Richard Whitted for an outstanding job and vowed to follow his eample in chairing the meeting in a fair and impartial wanner. D. APROUTNEET nF MAWER Arlin ATToRITY Commissioner Whitted moved that Nen Thompson be reappointed County Manager for 1984. This motion was seconded by Commissioner Marshall. VOTE: Unanimous. Commissioner Whitted moved, seconded by Courdssioner Marshall to retain the firm of Coleman, Bernholz, Dickerson, Bernholz, Gledhill, and Hargrave for 1984. Pending a study of a full-time attorney versus part-time, Commissioner Lloyd moved this item be tabled until the study is complete. Commissioner Lloyd said that he believed from the discussion held on June 21, 1984, that a study was to have been prepared and this would be the approximate time for the study to be put in front of the Board. Commissioner Whitted said that there had not been a consensus and he had not agreed to do the study. Chairman Whitted noted that the Board had not asked for a study to be done by the administration and he had not requested them to do one. Commissioner Walker seconded. VOTE: Ayes, 2; Noes, 3 (Commissioners Marshall, Whitted, and Willhoit. VOTE ON THE ORIGINAL MOTION ON THE FLO)R: Ayes, 3; Noes, 2 (Commissioners Lloyd and Wlker). F. BERT Ms. Margaret B. Pollard, Chair of Wake Opportunities, Inc., eupressed appreciation for the Head Start Program in Orange and Chatham Counties. She stated her willingness to discuss the program or any suggestions to further the development of the program. Commissioner Willhoit introduced a letter from Ann Sanford, Director of the Outreach Project for the Chapel Hill-Carrboro area, in which they are proposing a model demonstration program of mainstream intervention services which intergrates handicapped with non-handicapped children. The proposed program will be at the First Baptist Church where Rev. Manley and his conre- cation voiced strong sul.;oort for the program. Project Outreach requested a letter of support from the County Commissioners for the project to go along with the funding application. Commissioner Marshall moved that the Chair mite a letter to Ann Sanford before December 12 in support of this project. Commissioner (Jhitted seconded this motion. VOTE: Unanimous Mr. Roman I(olodij, of James Webb's architectural firm gave a status report of the development of plans and specifications for renovating the old court- house. Two state agencies are involved - Archives and History and the Department of Insurance. The three (3) judges are concerned about maintaining the large courtroom. The preferred arrangement includes a minimum number of toilets on the upper floor with the elevator at the far end. Objectives include: (1) a large area around the bench for judge and jury, (2) flexible fr seating, (3) second stairway (extended to the opening on the east side), (4) making an opening through a window into a doorway with steps leading out. The remainder of the building would be repaired and restored with a few minor changes required by the building code. The cost estimate of S280,000 will be spread over a 2-year period. This project will be ready for bids in early April with construction beginning the first of May. Mr. Kolodji explained that the stairway would only be used as an "EXIT" and would not be disruptive. Board members stressed the importance of working with the Historic Hillsborough Commission and the Hillsborough Historical Society. Commissioner Whitted moved, seconded by Commissioner Marshall to approve the concept in Proposal "B". VOTE: Unanimous. G-21 EXECUTIVE SESSION Commissioner Mhitted moved, seconded by Commissioner Lloyd to move the meeting into executive session to discuss a personnel matter. VOTE: Unanimous After the Executive Session, Commissioner Willhoit announced that the session would continue on Thursday, December 8 at 12:00 noon. a.-2 PROPOSED MIP11171 HOUSfl=_ELE (see permanent agenda file for this ordinance) County Manager Thompson presented for coraents a proposed ordinance recommended by the Human Services Advisory Commission and reviewed by the attorney. The ordinance includes three (3) different ways to activate inspection. Commissioner Marshall auestioned 14.1 (b): inspection on a periodic basis. Commissioner Lloyd noted that if rental property had to conform with this ordinance, it would ultimately raise the rent and force some people out with no place to live. Commissioner Marshall noted that the state has a tenant-landlord law but in order to enforce that law, a minimum housing code would need to be activated. Attorney Gledhill explained a grandfather provision which exempts those conditions that presently exist. All requirements of this ordinance are not applicable to all situations. The provisions of this ordinance cannot be altered with a written contract between the landlord and tenant. Commissioner Willhoit noted that many landlords refuse to uFgrade their rental property thus allowing sub-standard conditions to exist. He questioned whether the COmmunity Development Department might be a better department to monitor this ordinance since one of their main functions is to evaluate poor housing conditions. All new buildings are required to conform to the Building r)C. 3 Code and thus would have no problem in meeting the proposed minimum housing code. Commissioner nutted requested that the minimum housing code ordinance, without the inclusion of 14.1 (b), be put on the agendas for public comment on January 3, 1984 and for public comment and action on January 17, 1984. Candace Carrawav spoke in favor of the ordinance comuenting that the ordinance strikes a fair balance in trying to preserve the present housing and provide realistic standards that landlords can meet. She agreed with all the comments made and urged public input and action as soon as possible. Keith Aldridge emphasized that this code was not designed to take units off the market. The main emphasis is to have people in better housing - not to just upgrade housing. Commissioner Marshall seconded the motion to have this Minimum Housing Code Ordinance put on the agenda for public comment on January 3 and for public comment and action on January 17, 1984. VOTE: Unanimous G-3 ST .F . 14_ 'IF T7' . MA Oil CONTROL ORDINANCE (see permanent agenda file for this ordinance) County Manager Ken Thompson outlined the increased workload associated with the enforcement of the erosion control ordinance and a need for a full-time person. Commissioner Marshall questioned the need for new office furniture and a vehicle. Thompson explained that there never had been more than one (1) vehicle and that the furniture is being used by interns. Half of the requested amount of $24,516 will be offset by additional revenues. Commissioner Whitted made a motion for approval of this position, contin- gent upon state approval, at the 67 grade level and a 4-wheel drive vehicle. Commissioner Marshall seconded this motion. VOTE: Unanimous G-18 BU13WAMEMME17 - DSS. FCONalICDEVELOPMEFT AND SHERIFF (see permanent agenda file for this amendment) Commissioner Whitted moved the budget amendment for DSS, Economic Develop- ment and Sheriff. Commissioner Lloyd seconded this motion. VOTE: Unanimous G-4 rr..q14 .1 ,^. . PT_ 17 SW,CEq rE i F-171 P F9P1 T GU County Manager Thompson requested approval to hire Mike Brough for legis- lative drafting services. Commissioner Whitted moved that we authorize the hiring of Attorney Mike Brough to do the drafting for legislative changes in- cluding the local ordinances for 50 hours at $50.00 per hour. Commissioner Marshall seconded the motion. VOTE: Ayes, 3; Floes, 2 (Lloyd and Ualker). Commissioner Lloyd again voiced his opposition because of the farm use value provision and because participation requires adherence and the Soil Con- __ servation Service. G-6 ALARM MOMITORTNIP. County Manager Thompson reviewed the conditions by which a one year renewal agreement with APS was approved, and recommended that the Board authorize Purchasing and Dmergency Services to prepare bid specifications for alarm services whereby a private contractor would deliver alarm Protection to private subscribers and the County would directly monitor alarm monitoring equipment housed in the 911 center and supplied by the private contractor. Sheriff Pendergrass indicated that most counties provide this service and approved obtaining bids. 4 071 Bobby Baker, S1S Director indicated that about 320 alarms are currently being monitored, with 100 served by dedicated lines, and with the capacity to provide 999. Commissioner Whitted expressed his concern that we should have to supply this service for all who requested it. Commissioner Willhoit explained the system at UNC-CH and suggested that bid specification standards be finalized. Commissioner Lloyd moved and Commissioner Walker seconded the acceptance of the managers recommendation. VOTE: Ayes, 4; Noes, 1 (Knitted). 0-7 FLAMM HILL sunnivISTON - PRELMIWARY PLAN (see permanent agenda file) Planning Director Collins made the presentation. Commissioner Lloyd moved and Commissioner Whitted seconded the approval of the preliminary plan for Flagman Hill Subdivision. VrgE: Unanimous G-8 NORTHSIDE DRIVE PARTICIPATORY PAVIBLEBDEP2(see permanent agenda file) Planner Susan Smith made the presentation. Commissioner Whitted moved and Commissioner Lloyd seconded the adoption of the Preliminary Assessment Resolution and that the public hearing on the Resolution be held on January 3, 1984. VOTE: Unanimous G-9 FWM.' CAL TNSPECTOR - ABOVE ENTRY FTRIN7, REOQEST Commissioner Walker moved and Commissioner Lloyd seconded the appointment of Er. James Blevins at Salary Grade 67 Step 45 - $18,774. VOTE: Unanimous. 0-10 rIAMING CRAVE FOR THE EARMOm YOUIT.; ACTIVITY NODE Commissioner Whitted moved and Commissioner Marshall seconded Central Orange as the alternative name for the Harmon Young Area Study. VOTE: Unanimous. G-20 ADDITION TO PUBLIC ' q • p Pfl :11 .•! 3 '84 Commissioner Walker moved and Commissioner Whitted seconded Cl) an amend- ment to the adopted Land Use Plan for a parcel of property on Eubanks Road in Chapel Hill Township from Rural Buffer to Twenty Year Transition and (2) a request for rezoning from R-I to GC-4 General Cunumrcial for a parcel of land located on NC 86 in Hillsborough Township as additions to the public hearing scheduled for January 23, 1984. VOTE: Unanimous G-11 TITLE II1-5 C r, . 7nt 7 gijo DEpArmippr al= • Commissioner Whitted moved and Commissioner Lloyd seconded approval of the Title III-B Contract for funding Department on Aging with the Triangle J Council of Governments. VOTE: Unanimous G-12 DATA PROCESSIN= APREEMEET WITH QRAITT COUFTY BOARD OF EDUCATION (see permanent agenda file for a copy of this agreement) Commissioner Marshall moved and Commissioner Uhitted seconded approval of the data processing agreement with Orange County Board of Education. VOTE: Unanimous G-13 LEASE AMEE71077 RFNETIAL TWIN CFDAR GROVE DAY CARS CFPFER (see permanent agenda file for this lease agreement) Commissioner Marshall moved and Commissioner Lloyd seconded the approval of this lease agreement as presented. Wit:: Unanimous r 5 C-14 LEASE PRIRREHE171'S FOR EMPTOYMENT SECURITY CallISSION OFFICE SPACE AT TLz CHAPEL HILL HOUSIEG AuTHoraTY (see permanent agenda file for this lease agreement) Attorney Gledhill questioned the three (3) year lease provision and whether the county should be obligated for that length of time with only one possible tenant. Commissioner Whitted moved and Commissioner Marshall seconded approval of the lease with the three (3) year provision being changed to reflect a three (3) year provisional period dependent upon the occupancy of the building. VOTE: Unanimous G-15 MliallI.TDN OF OFFICIALJ'ONDS (see permanent agenda file) The Board of Commissioners examined the six (6) bonds presented as required by state law. Commissioner Walker moved and Commissioner Whitted seconded approval of the bonds with an increase for the Sheriff's bond to $25,000. VOTE: Unanimous G-16 lavra7.7 utranmENVWXU7T - COUNCTIVTLIE CD PROJECT (see permanent agenda file) Commissioner Marshall moved and Commissioner Whitted seconded acceptance of the project ordinance amendment for the Councilville CD Project. VOTE: Unanimous. G-17 MIDGET AMMIEN - AT. !".00ESSIz (see permanent agenda file for this amendment) Commissioner Whitted roved and Commissioner Marshall seconded the approval of the budget amendment for data processing. VOTE: Unanimous At this time, Commissioner Wilihoit proposed that the Chairman's salary be reduced to the some level as the other commissioners; seconded by Commissioner Lloyd. VOTE: Unanimous G-19 P.". x C m 40_04 - r Na!, NcmHos; ; _Fp (see permanent agenda file) County Manager cited that emergency repair is needed at the Cedar Grove Center and additional parking is needed at the Northside Center. Commissioner Whitted moved and Commissioner Marshall seconded approval of the manager's request with the provision that the lot at Northside be graveled until such time as the required permanent structures are constructed. VOTE: Unanimous G-1 RESCIPII WATT CONSERVATION ME URES Commissioner Walker moved and Commissioner Lloyd seconded the motion to rescind the water conservation measures. Ye> te ipialo 14q4.)6(.5 G-5 tit SED C 4. ,' 111, NMLY ESTAMLISEED CHILD CARE COUNCIL (see permanent agenda file for this charge) Commissioner Wilihoit announced that Judy Seed, who was approved for the Child Care Council on November 15, 1983, is ineligible because she is not a resident of Orange County. He nominated Lynn Johnston to serve on the Child Care Council and Commissioner Lloyd nominated H.G. Coleman as the industry nominee on this council. Commissioner Lloyd moved and Commissioner Marshall ("7:3 6 seconded approval of Lynn Johnston and H.G. Coleman to the Child Care Council. VOTE: Unanimous Commissioner Whitted moved and Commissioner Marshall seconded the nomination of Dr. Denton as a Board of commissioner's special liason between the Child Care Council and the Social Services Board. VOTE: Unanimous Commissioner Marshall moved and Commissioner MI.-litter.] seconded the charge es presented with the date changed to February 21. VOTE: Unanimous Commissioner Whitted moved and Commissioner Lloyd seconded the motion to cancel the second meeting in December. VOTE: Unanimous Commissioner Marshall moved and Commissioner Lloyd seconded the motion to begin the meeting on January 3, 1984 at 4:00 p.m. with a break for dinner and a reconvening at 7:30. VOTE: Unanirous Commissioner Willhoit moved and Commissioner Marshall seconded approval of the appointment of Peggy Pollizer as Chair of the Child Care Council. VOTE: Unanimous. Commissioner Whitted moved and Commissioner Lloyd seconded the motion to adjourn the meeting until noon on Thursday, December 8, 1983. VOTE: Unanimous. Don Hillhoit, Chair Beverly A. Blythe, Clerk APPROVED 4/2/84 BALLOT FOR BOARD CHAIR _Ben Lloyd Shirley E. Marshall Norman Walker Richard E. Whitted 17-Don Willhoit A114 /1/144"44( c7,4___ Signature BALLOT FOR BOARD CHAIR Ben Lloyd • Shirley E. Marshall Norman Walker Richard E. Whitted // Don Willhoit )1111°' Signature 4 BALLOT FOR BOARD CHAIR Ben Lloyd 4 Shirley E. Marshall Norman Walker Richard L. Whitted ki Don Willhoit kJ, tkiA.,/ 4 Signature BALLOT FOR BOARD CHAIR Ben Lloyd Shirley E. Marshall /Norman Walker Richard E. Whitted Don Wilihoit . / / e Sign. ure F r 7 BALLOT FOR BOARD CHAIR Ben Lloyd . ley E. Marshall Holman Walker Richard E. Whitted I Don Wilihoit tet I" Signature _ ',.. r ti t - 6. I „,.. l'' 1 k” 1 r ! , 1 '1 BALLOT FOR BOARD VICE-CHAIR : ,1 ; % I I.. % - t Ben Lloyd . 1 I 1 Shirley E. 'Marshall 1 r , _____Norman Walker 1° Richard E. Whitted Don Willhoit I_ 11 k, _ t , Signature L. , _ ! I t,' i• f,,, 1 r ''. ,.,„ , r - 1 ? i t. t 1 a £ '', 1 ' ''' ■ , _ . I BALLOT FOR BOARD VICE-CHAIR Ben Lloyd Shirly E. Marshall Norman Walker Rihard E. Whitted Don Willhoit L-46/ Sign,/ re _ immommism. : BALLOT FOR BOARD VICE-CHAIR Ben Lloyd ---77 I c-V Shirley E. Marshall -----Hotman Walker Richard E. Whitted Doiit Wilihoit Signature BALLOT FOR BOARD VICE-CHAIR Ben Lloyd Shirley E. Marshall Norman Walker Richard E. Whitted Don Willhoit Sigiature wrial IOW BALLOT FOR BOARD v lc E-cHAI R.----------".—aIm1lwm""umM"1MMI Ben Lloyd Shirley y E, Marshall Norman Walker • Ri hard E, Whitted Do Willhoit ] i I Signature � ���' , � o��d2 -- ~— BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM ND �� � . MEETING DATE Dnpmbpr C. 1983_ �� . SUBJECT: �u� 8��n��� o��na3er & ���ey ^'— -~� — DEPARTMENT: Board of Commissioners PUBLIC HEARING: YES >L NO ATTACHMENT(S): INFORMATION CONTACT:Clerk to the Board ~__- -- ' °. No PHONE NUMBERS: HILL5BDROVGR ~ 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 907-9251 MEBANE - 227-8031 � | PURPOSE: The Board should elect a Chair and Vice-Chair for December, 7883 through Decembe , l984'and appoint Manager and Attorney. | NEED� �� elects a ��er to serve as Chair and Vice Chair for the following year. This is to be done at the first regularlmeeting in December. • The Board also traditionally cu�shiid s �� it� individual � ntatjon on various !Boards and Commis��nns «nd:^yPoi reappoints the County Attorney at The Clerk w il~ i)r�ov`d e bal.lm!^ for t`h e election n-nm^of Iti�c;a'~rd' officers. ' • IMPACT: To o 'ze the Board for the following year. - _ ' ! [ RECOMMENDATION(S): As the Board decides. ___ \ | - ,. ORANGE COUNTY 02 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM N0.&= ~/ MEETING DATE Decenbe! 5, 1983 SUBJECT: Water Conservation Measures __ __ ._____. . --____- DEPARTMENT: County Manager's Office PUBLIC HEARING: ___YES X _MO ----- -_ '� ____- ���' _' -' __ - ATTACHMENT(S): INFORMATION CONTACT: Manager's Office ' t . No PHONE NUMBERS: HILLSBOROUGH - 732-081 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-92E1 | MEBANE - 227-2031 ! . DURHAM - 68B-7331 PURPOSE: For the Board to rescihd a Stage I Water Shortage Alert in the OWASA service area invoked in accordance with Orange County's Ordinance Providing for the Conservation of Water During a Water Shortage. For the Board to rescind a water shortage alert calling for voluntary 1 conseryation measures in areas outside of UWASA's service area and to rescind its request for regular reporting on the lake levels at Lake Orange, Corporation Lake and Lake Ben Johnson. NEED: Abnormal rainfall during October t conditions that prompted the invocation of a Stage I Alert for OWASA's i: service area. The Lake level is currently at 24 inches below full and f conseqgently OWASA has asked the County to rescind its Stage I Alert. [ Drought conditions in Northern Orange County caused the Lake level at Lake Orange to drop significantly prompting the Board to invoke voluntary water conservation measures in areas outside of OWASA's service area. L Lake Orange is now at 24 inches below full and the need for water con- ,' servation and regular reporting of lake levels has now passed. IMPACT: | ` RECOMMENDATION(S): e : Rescind the water conservation measures. ' . ■ . | | , | ORANGE COUNTY 03 | BOARD OF COMMISSIONERS ACTION AGENDA • i ACTION AGENDA ITEM ABSTRACT ITEM NO. / - ^. MEETING DATE rmpmhpr c. innl SUBJECT: Prnpn ed Minimum Housing Standard Ordinance / .�, DEPARTMENT: Countl, Manager | � PUBLIC HEARING: cS x NO ________,___1_ _ / ATTACHMENT(S): INFORMATION CONTACT: Manager's Office ext. 5VO K HILL58OR0UGH - 7s2- Dl8l--T � HILLSBOROUGH - 732-9361 ( CHAPEL HILL - 967-9251 MEBANE - 227-2031 • � 88-7331 � � • PURPOSE: To colsider a revised draft of the ordinance and the cost to implement. • . Belie4ing there to be a need to bring renter-occupied dwellings up to minim6m heat, plumbing, electrical, structural and other standards, the . HumaniServices Advisory Commission through a subcommittee headed by Candide Carraway earlier put forward a draft ordinance for Board consider.- ,::, tiond The Board referred it for staff review and comment. That has sinc been accomplished by the County Attorney researching the issues and makin, his r4visions, and by the Planning Director assessing staff impact to mount the inspections necessary for enforcement. Key revisions made by the Comity t;', Attorney include: '1:1 1. Article 1 is changed to include those findings and purposes , I necessary to limit the code to renter-occupied dwellings. r,;. 2. Article 2 through 12 clarify and make More ascertainable the standards to be met. . 2. Article 16 deletes authorization of the inspector to repair or demolish dwellings where the owner has failed to comply with the order of the inspector and inserts in its place an appeals procedure, criminal and equitable remedies, and recourse ' to the Superior Court for restraining urders. For staffing impact the Planning Director projected workload under the »p- tionol methvdstkxtArticle 14 provides for an inspection to be initiated. Existing taff could absorb the beginning numb f inspections ',-: inspeekor initiated and petition initiated apprpach. It is,estimated they � would start and increase as awareness of the program | Inspecitions on a regular comprehensive basis, on the other hand *.).c) would require an additional inspector position. With - 241 workdays available in a year (1,928 work hours) and given the require- ment or 5.5 hours per unit for processing, a total of 350 of the 579 sub- 'I]' standard rental units in the County (unincorporated) could be handled annually. Cost would be $28,866 for the first year for salary and start-u' equipment ($18,432 for 6 months) and about $22,000 each year thereafter. IMPACT: Impact of the ordinance on retaining housing supply is uncertain. lnxpec ions coupled with enforcement provide the mechanism to take action against deteriorated dwelliogs. It would be hoped that the owners by and large would repair the dwellings to comply with the minimum standards and thereby aid the goal of upgrading housing con- t ditions. However, to the extent they would not, the dwellings would be ordered vacated, removed or demolished. It cannot be estimated how much de enforcement measures would decrease the availability of low income rentals - which are already in short supply. Ideally, there would be' incentives (e.g. low interest improvement loans or grants) ` to upgrade and not sanctions alone. ■ . | ' � ' . � !� � � ��' . � . , ' �� � �= ` | RFCUNMEMDATION(S),| 1. AS the Board decides on whether to adopt the ordinance. 2. If the decision is to adopt and enforcement is at inspector initiation or by complaint, the inspections can begin upon ordinance • 3. If basis it is recommended that the ordinance be roved tO take effect with the start of the new fiscal year in order for the additional inspector position and equipment ($28,856} to be fdndad through the normal budget process. ` | ' | [ • • Ob ORANGE COUNTY PLANNING DEPARTMENT EfILLSBOROLTOPE NO11111 CAROLINA 27278 600v ■■• e3r... • 17 S: 41Nee" MEMORANDUM TO: COUNTY MANAGER • FROM: PLANNING DIRECTOR DATE: NOVEMBER 29, 1983 RE: MINIMUM HOUSING CODE -- STAFF IMPACT In your memorandum of November 11, 1983, you asked that the Planning Department provide an estimate of staff impact if the proposed Minimum Housing Code is adopted and enforcement becomes the responsibility of the Inspections Division. This information is provided below. Staff impact is determined primarily by the extent of substandard housing in Orange CauntyJ Two sources of information are available concerning housing conditions - the 1980 Census of Housing and the 1979 Housing Inventory. 1979 Housing Inventc2_ :- The 1979 Housing Inventory was conducted in the unincorporated portions of thedounty to -identify potential Community Development • Block Grant target areas. A windshield survey was made on allliCDOT-numbered roads and private roads Which were not posted: The survey rated all observed and occupied dwelling unite as either standard, 1 deteriorating oridilapidated. Two'categories of deteriorating units were identified: (1) those requiring slight to moderate rehabilitation; and- (2) those requiring Moderate rehabilitation. Detailed'reaults of the survey are shown as an attachment. 31979 Housing Condition Inventory Orange County, N.C. • , Condition . :; „ .Total % of Total Standard 9,955 92.7 ! Deteriorating 663' 6.2 • i Dilapidated Total. Cacupzed.Unkte. , 10,737: •! - ! 1 • November 2 , _ma -2- , kbusing Code The proposed Minimum Housing Code, if adopted, would apply only to $i Z. renter-occupied units. The 1980 Census of Housing indicated that there were 28,637 housing units in Orange County. Approximately 45% or 12,837 were located in unincorporated areas of the county. Of these units, 30% or 3,866 were renter-occupied. Applicatiai of the 3D% renter ratio to the total number of deteriorating and dilapidated units (782) indicates that 235 renter units were substandard, 1980 Censul of BouSing - Classification of housing units in the 1980 Cens-6E-T_Sa7t-lonnon the basis of standard, deteriorating or dilapidated. Rather, units Are classified according to the presence or lack therof of certain facilities SuCh'es plying fixtures. Since the proposed liinimurn Housing Code identifies as a minizum standard the presence of a potable water supply acid connection to an approved seaage disposal system, the classification "lacking some or all pluMbing facilities" Eay be used as an "indicator" of substandard hohsing. The 1980 Census indicated that approximately 15% (1,933 units) of all ' housing units located in unincorporated areas lacked same or all plumbing facilities. If 30% of these Units are renter.-occupied, this would indicate that 579 units were substandard. For purposes of this report, the higher figure (579 units) was utilized. This was done, Isince failure to comply with any one of the minimum standards contained in the Housing Code as sufficient to warrant enforcement action.. The lack of so+ or all plunbing facilities was considered an indicator of noncompliance and an indicator of the extent of substandard housing. Time Require:Merits Enforcement Procedures Estimating be time required to inspect each housing unit can be accomplished through Consideration of each Step of the enforcement procedure. These steps as well as the r.ine. to accomplish each are listed below: 1. Initial Inspection - An Inspector may inspect a dwelling -miti on his own uotion, on a periodic basis (subject to Board direction) or upon receipt of a petition filed by a public authority or at least five (5) residents of the County. Informataon obtained from comuunities Mhere ilinlniim Housing Code Enforcermallt Programs were in operation indicate that an initial inspection, if perfobnd thoroughly, mould take as uurh as two (2) hours. This period of ti ' is necessary, since every aspect of the dwelling unit • must be considered. Measure:rents of roam, sizes, ceiling heights and window area rust also be taken, and tire used to estimate the cost of repairing the structure, The latter calculations are essential to the deterudnation of mbether the unit is "deteriorating" or :dilapidated", and mhether the unit is to be repaired or demolished, 2. ligarg - Upon completion of the initial inspection, the Inspector is required to serve a notice upon the owner of the dwelling. The notice sets the tire and place of a hearing before the Inspector, at Mhich time he reviews his findings and indicates What the owner -must do to comply with the provisions of the Ordinance. FT • NovetWer 29, 1983 housing Code 3re , Ø' ) il] Information derived from other jurisdictions indicates that such a umeting. generally takes one (1) hour, This time is used not only to reviewfindings and spell but improvEnents Voich must be made, but to specify the time period within wfoich the owner must complete work on the dwelling. It is also an opportunity to inform the Goner of his appeal procedures , in the event an understanding cannot be reached as to required improvements, tine periods, etc, 3. Follow-Up Inspections - Assuming there is agreement as to What imprOvemants are to be made to a dwelling unit and the time frame within whidh such improvements are to be made, a building, electrical, pluMbing and/or mechanical permit may be obtained and work connenced on the dwelling. : While pennits may not be necessary on all units, the experience of other i !!: jurisdictions has Shawn that such is generally the case. Bowles of situations! Where permits would not be required include the painting of .. a dwelling, and the installation of screens. Regardless of Whether a permit is needed or not, two (2) follow-up inspections are Usually required to insure that work has cannenced on the improvements, that the improveannts being made are in accordance with the Inspector's orders, that the improvements are being made in a timely manner, and that upon completion, all work complies with apPliCable building cOdes. , . The experience of other jurisdictions has also shown that follow-up inspection's usully average one-half (1/2) hour in length. Travel tine fi associated with follow-up inspections as wall as initial inspections L, would generally involve one-half (1/2) hour per inspection. This includes the time necessary to travel to and from the job sIte..7: 4. Anpeals - Where an owner is aggriev- by the decision or order of e Inspector, he may appeal his case to the Zoning Board of Adjustment, Time would be required to process appeals, including the notifiPPtion (:. of affected parties, preparation of reports, and transmission of materials.. Time would also be required to conduct the uPeting (generally One and one- half hours per case) and send out the findings of the Board. Because of the uncertainty as to whether an appeal vgmild be lodged, tire requirements,for appeal.procedures have not been included. Nost work1-- this area 'would be conducted after normal working hours, and the Inspector could be compensated through compensatory time off. The only real time during working hours which would involve an Inspector's response would be for the sending of notices and materials to Board umbers, etc. k'1,• i , - , Based on the above information, each dwelling unit for which Fusing Code enforcement is sought would take approximately five and one-half (5-1/2) hours to pro ess. 1J, This estivate includes one (1) hour for the hearing, two (2) hours for the initial inspection, and two (2) hours for two (2) follow-up inspections (2 inspections x 1/2 hour/inspection -1- 2 inspections x 1/2 hour travel tiMe/inspecti ). , An additional one-half (1/2) hour is needed far travel tin. for the initial inspection. I tf:: _. _ _ I1 4. 4 i . FNovmmber 2.c.141 1933 -4- housing Code 08 Program Alternatives Ito alternatives appear to be available in terms of establishing a kanimum rousing Code Enforcement Program. The first is a program in which the Inspector , responds on a camplaint basis only. The second is one in which a comprehensive program is established to identify and inspect all rental units in the county. Other alternatiVes are possible, but they would fall sagEwhere between the two identified previously. The two "extremes' have been addressed, since they establish the range of program possibilities available. Complaint Basis - It is difficult to estdmate how uany complaints would be made concerning substandard housing units. For the purposes of this report, however, six (6): complaints annually has been selected, based on information received from a jurisdiction in which a program was established recently. If this number of complaints were received each year, a total of 33 run-hours would be needed to administer the program. This is equivalent to apprOXimately four (4) workdays and could be handled by the present Inspections Staff if duties and responsibilities of individual personnel are shifted more equitably. It must be noted, though, that as awareness of the program spreads, the number of complaints may increase, causing a need to re-evaluate denands on the existing staff. This has been the experience of other jurisairtions which have initiated similar programs. Comprehensive Program - If an overall program were initiated to address all rental units in the county, staff needs would be much different. As indicated previously, there are approximately 579 substandard rental units in the county. Based on an estivate of 241 workdays in a year, t.enewo pe ,928 nun-hours available for ho6sing inspection and administration activities. Given that each unit would require 5,5 hours to process, a total of 350 rental units could be, handled annually! This esrinete is somewhat misleading; though, in that a specific approach to covering the county would have to be established. This might include a township- . by-township approach or defining smaller areas within which to work. It would also need to establish a means of identifying rental units and their location gLior to defining target areas. Tnis effort would require considerable time. Belated to the estimate is the uncertainty as to how many decisions of the Inspector would be appealed. If done often, sore tim would be rewired, not only from the Inspector's standpoint but clerical help as well. If comprehen ive in nature, a Minimum Housing Code Enforcement Program would require the addition of one Inspector to the Planning DeparLuent. Because the Code involves elements of building, electrical, plumbing and mechanical construction, it would be desirable to hire someone with as Amany skills in these areas as possible. , . Noverber 29, 1.933 -5- Housing Code EA , . OJ : Flindirvz- R-luiterients ..,•:' t: Showri below are estimate of the cost of providing an additional Inspector .., , if a comprehensi e program is established. The Inspector would also require a vehicle for transportation, since vehicles currently assigned to the Inspections . .• • Division are used by other personnel. The type of vehicle needed is a nid-size, 4-cylinder car to provide uore room for personnel and greater ground clearance '1. when visiting inspection sites, Ii IYansportation costs have been estimated using an average tile-age figure f. of 13,000 miles per year. Some Inspectors exceed this mileage, while others drive less distance, but it is a general rule of third) used for budget purposes. ..1:, ,. Office equipment would also be required for a new staff person, including ., basic items like a desk, executive chair, side chair, file cabinet, bookcase, and niscellaneousl articles (stapler, tape dispenser, scales, etc.). ili.1,• Funding Requirements - Additional Inspections Position 1,11:'1,1 Semi-Annual ,.. Annual Cost' Cost (Jan. 1 -'June 30) • .----- • Fouling Inspector (Grade 69, Stai)2) - 1 !,•,., Salary I $ 17,930 $ 8,965 Hospitalization 584 292 Y• Social Security (6.707) 1,201 • 600 Retirement (6.427,) 1,151 _ 575 . l',11 Total $ 20,866 $ 10,432 1,1• Office- Equipment Desk $ 350 $ 350 Executive Chair 195 195 Side Chair 1 120 120 File Cabinet ; 115 115 Bookcase 140 140 iscellneou4, 80_ BO P.' Total . . $ 1,000 $ 1,000 11, Vehicle - 4-cylinder car _ . $ 7,000 $ 7,000 i1 TOTNI. $ 28,856 $ 18,432 f,,'• The salary proposed for the Inspector represents a higher pay grade than that currently occupied by the Building Inspector. This has been proposed, since the lanialollirmsing Code Inspector should have qualifications in the fields of 't , building, electrical; pluMbing and smchanical work, The higher skill level desired i; should have a higher pay grade associated with it. I ,:• Space Requirements The addition of a new staff muber would cause the need for uure space for the Planning Department operation, This could be accomplished by relocating the I. ■ t , f. . . t, c ! It k I:ovebar 29, 1,983 -6- 'Housing Code Personnel Department and assigning the first floor of the Courthouse courtrooms) to the .bepartment„ Alternatives tO this are providing funding for nodular desk units so that existing space could be utilized more efficiently and allowing the use of the hallway which divides the Deparbment in half. unna. v./ The establishrmnt of a Minimum }busing Code Enforcement Program could. be handled by existing staff if established on a complaint basis only. Monitoring of the program should occur to determine ,daen and if additional staff is required. 1 The program, if established on a more conprehensive basis, would require the hiring of an additional Inspector, Funding for salary, office equipment, and • a vehicle would be required. Space for the Inspector would have to be provided either through relocation of other personnel or through better use of existing space. The cost for additional. staff would be $ 18,432 for one-half year and $ 28,866 for a full yppr. • Oet0AAA). Marvin Collins, P]mining Director k k ii HOUSING IMVEtTORY SURVEY July 1979 I 1 Moderate to 'lloidgentr Substantial TM:NSHIP _ TOIAL ODU Rehabilitation Rehabilitation Demelitio ' I BINGHAM 1380 77 (06%) 14 (01%) ' (.6 1 (07%substandard) *...,— — -• . _ CEDAR GROVE 965 124 (13%) 55 (06%) 4. (05 (23%substandard) ...._... . CHAPEL HILL 3527 27 (.77%) 5 (.27 6 (.1 (01%substandard) ---. ---1--- _— CHEEKS 1411 72 (05%) 24 (ON) 16 (0 (08%substandard) ' I ENO 1321 35 (03%) 12 (.8B%) 11 ( (04%substandard) HILLSBOROUGH 1596 (Note: Northern Fairview notintl ded in t (12%substandard) - of-rehab program brealf.-down). ' LITTLE RIVER 1 537 32 (06%) 1 14 (03%) I (11%substandard) --------- TOTAL 10,737 (07%substandard) 1 I 1 , 12 AN ORDINANCE ESTABLISHING MINIMUM HOUSING STANDARDS BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF ORANGE: Article 1. Finding; Purpose. Pursuant to G.S. 153A-121, 153A-350 et seq. (Article 18, Part 4 entitled Building Inspection), and 160A-441 et seq. (Article 19, Part 6 entitled Minimum Housing Standards), it is hereby declared that there exists in the County dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering the dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety, morals, or otherwise inimical to the welfare of the residents of the County, and that these conditions are more likely to be found in renter-occupied housing. In order to protect the health, safety, and welfare of the residents of the County; it is the purpose of this ordinance to establish minimum housing standards for the initial and continued occupancy of all renter-occupied dwellings. This ordinance presently applies only to renter-occupied dwellings in order to conserve the enforcement resources of the County and to provide for greater efficiency in the operation of the inspection scheme hereinafter created. Article 2. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance: 2.1 Deteriorated shall mean that a dwelling can be repaired, altered, or improved to comply with all of the minimum standards established by this ordinance at la cost not in excess of fifty (50) percent of its fair market value, as determined by finding of the Inspector. 2.2 Dilapidated shall mean that a dwelling cannot be repaired, altered or improved to 'comply with all of the minimum standards established by this ordinance except at a cost in excess of fifty (50) percent of its fair market value, as determined by finding of the Inspector. 2.3 Dwelling shall mean any building, structure, or part thereof which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. Temporary housing, as hereinafter defined, shall not be regarded as a dwelling. The term shall include within its meaning the terms rooming house and rooming unit, as hereinafter defined. 2.4 Dwelling Unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. 2.5 Enclosed Room shall mean a floor space in a dwelling or dwelling unit which by the use of fixed partitioning walls and doors is wholly separated from any other floor space. 2.6 Extermination shall mean the control and elimination of insects, rodents or other pests by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any -1- tf other recognized and legal pest elimination method approved by the Inspector. 2.7 Garbage means animal and vegetable waste resulting from the handling preparation, cooking and consumption of food including the combustible and non- combustible (waste material resulting therefrom including paper, rags, cartons, boxes, tin cans, glass and dust and similar household waste. 2.8 Gender. Words having a masculine gender shall include the feminine and neuter genders. l 2.9 Habitable Room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers, or communicating corridors, closets and storage spaces. 2.10 Infestation shall mean the presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or the public. 2.11 Inspector shall mean the Building Inspector of the county or any authorized agent of the Inspector. 2.12 Let shall mean to rent to another for money or other valuable consideration. 2.13 Multiple Dwelling shall mean any dwelling containing two (2) or more dwelling uni 2.14 Occupant shall mean any person living, sleeping, cooking or eating in, or having actual possession of a dwelling, dwelling unit or rooming unit. 2.15 Operator shall mean any person who has charge, care or control of a building, or any part thereof, in which dwelling units or rooming units are let. 2.16 Owner shall mean any person who alone, jointly, or severally with others: (a) Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession thereof; or (b) Shall have charge, care or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the actual owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance, and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. 2.17 Party or Parties in Interest shall mean all persons who have interests of record in a dwelling, dwelling unit or rooming unit and any persons who are in possession thereof. 2.18 Person shall mean any individual, corporation, firm, partnership, association, organization or other legal entity. - I i4 €' E 2.19 Plumbing shall mean and include all of the following facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), sewage disposal pipes, water closets, sinks, installed dishwashers, laboratories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures, together with all connections to water, sewer or gas lines. 2.20 Premises shall mean the dwelling, its appurtenant structures, and so much of the adjoining and surrounding land as is used or is reasonable or necessary for its use as a habitation for human occupants. 2.21 Public Authority shall mean the Orange County Housing Authority or any officer who is in charge of any department or branch of the government of Orange County or the State of North Carolina relating to health, fire, building regulations or'other activities concerning dwellings in the County. 2.22 Renter Occupied shall mean occupied by a person other than the owner pursuant to an oral or writen agreement between the owner and the occupant to let the premises. 2.23 Rooming House shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not related by blood, adoption, or marriage to the owner or operator. 2.24 Rooming Unit shall mean any room or group of rooms forming a single habitable unit! used or intended to be used for living and sleeping, but not for cooking, eating, or bathing purposes. 2.25 Rubbish shall mean combustible and non-combustible waste material, except garbage, and the term shall inelude the residue from the burning of wood, coal, coke and other combustible material, cartons and boxes, tree branches, yard trimmings and other large discarded articles, 2.26 Supplied shall mean paid for, furnished, or provided by, or under the control of, the owner or operator. 2.27 Temporary Housing shall mean any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty consecutive days. 2.28 Unfit for Human Habitation shall mean that conditions exist in a dwelling, dwelling unit, rooming house or rooming unit which violate or do not comply with one or more of the minimum housing standards established by this ordinance. 2.29 Words Having Certain Meaning. Whenever the words "dwelling, dwelling unit, rooming house, rooming unit, premises" are used in this ordinance they shall be construed as though they were followed by the words "any part thereof." -3- mart :`. �r.7e ':'.d6St�L3:sc� -'<'e.:kSt:.r�1... _ :'r ",,:,?:+.r, .,.:_ _ Article 3. Minimum Standards of Fitness for Dwellings and Dwelling Units. 3-1 Every renter-occupied dwelling and dwelling unit shall comply with all of the minimum housing standards established by this ordinance. 3.2 No person shall let any dwelling or dwelling unit which does not comply with lall of the minimum housing standards established by this ordinance. Article 14. Minimum Standards for Structural Conditions. The following standards shall constitute the minimum standards for condition of a dwelling or dwelling unit 4.1 All foundations, foundation walls, piers or other foundation supports; all exterior viyalls, interior structural walls, joists, rafters, sills and other structural members shall be maintained in sound condition and good repair, free of decay, rot, deterioration, or damage and capable of supporting the load which normal use would cause to be placed thereon. 4.2 All roofs, flashings, exterior walls, basement walls, foundation walls, floors, doors, hatchways, windows and any other part of a dwelling exposed to the weather shall be constructed and maintained so as to be waterproof and weathertight. 4.3 The ground shall not be used as a floor nor shall any wood floors be placed on the ground. 4.4 Jivery outside and inside stair or steps, porches, landings, and other parts or appurtenances shall be kept in sound condition and good repair, free of holes, cracks; grooves, splinters, and other ramshackle and tumble down conditions as may increase the hazards of collapse, tripping, falling, rodent or pest infestation, fire, or otherwise endanger the health or safety of the occupants. 4.5 Every floor, interior wall or partition, and ceiling of all rooms, closets and hallways shall be finished and covered with suitable materials and maintained in a clean and sanitary condition free of dirt, grease, oil, and peeling and flaking paint. 4.5.1 All interior surfaces and all exterior surfaces which are aecesible to children under the age of seven (7) years which are covered with lead-based paint which is loose, cracking, scaling, peeling, chipping, or flaking shall be treated or covered as follows: (al) Surfaces to be treated must be throughly washed, sanded, and scraped or wire brushed so as to remove all loose, cracking, scaling, peeling, chipping and flaking paint and then repainted with at least two (2) coats of a suitable nonleaded paint. (b) Surfaces to be covered shall be free of any loose, cracking, scaling, peeling, chipping, and flaking paint and then covered with gypsum wall board, plywood, drywall, plaster, or other suitable material. 4.6 Efery dwelling shall be provided with exit facilities adequate for the safety of the occupants as provided in the North Carolina State Building Code. ' -.4 7 7,. .:- 4.7 Every exterior door shall be capable of being locked on either side and 1116 every window shall be capable of being secured. 4.8 The premises of a dwelling shall be properly graded to prevent the i',.• accumulation' of stagnant water. Article 5. Minimum Standards for Basic Plumbing. (- I 5.1 Every dwelling unit shall be supplied with potable water, and shall be connected to a public sewer or other sewage disposal system approved by the :'- Orange County Department of Health, the North Carolina Department of Natural Resources and Community Development, or the North Carolina Department of Human Resources. I 5.2 Any plumbing fixtures shall be located within the dwelling unit and be f accessable to the occupants of the dwelling unit. The water closet or urinal and I FP tub or shower shall be located in an enclosed room or rooms. r i [ 1 5.3 Any plumbing fixture shall be so constructed and installed that it will function safely and effectively and shall be maintained in good repair capable of Ff performing the function for which it was originally intended. 1". 5.4 Whenever all or any part of the existing plumbing system or fixtures shall be replaced, modified, altered or expanded, then such new installation shall i 1 be made in accordance with the North Carolina State Building Code. 1 Article 6. Minimum Standards for nesting. Every dwelling or dwelling unit shall be supplied with a central or electrical heating system or other safe heating facilities in proper operating condition and capable of heating all habitable rooms, bathrooms, and water closet compartments to a minimum temperature of sixty- eight (68) degrees Fahrenheit measured three (3) feet above the center of the floor whenever the outdoor temperture is below fifty-five (55) degrees Fahrenheit. I Article 7. Minimum Standards for Electrical Equipment and Facilities. Every dwelling and dwelling unit shall be wired for electric lights and convenience i receptacles as follows: 7.1 Every habitable room containing seventy (70) square feet of floor area t,- or less shall contain at least two (2) floor or wall-type electric convenience receptacles, 1 and every habitable room containing more than seventy (70) square 1 feet of floor 1 area shall be provided with at least three (3) receptacles but not less than one receptacle for every fifty (50) square feet of floor space. 7.2 Every bathroom, water closet room, laundry room, and furnace room shall contain at least one supplied ceiling or wall type electric light fixture. 7.3 Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights from sunset to sunrise. 7.4 All electrical fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, free of fire or shocking hazards, and ,'- capable of performing the function for which it was originally intended. r, -.5- f , 1 ; . . , _ S. 7.5 Whenever all or any part of the existing electrical system, wiring, or fixtures shall be replaced, modified, altered, or expanded, then such new installation 'shall be made in accordance with the North Carolina State Building Code. 1 Article 8. Minimum Standards for Lighting and Ventilation. 8.1 Every habitable room shall be provided with natural light and ventilation by one or more windows opening to the outdoors, The windows shall be glazed with glass or other translucent or transparent material. The aggerate area of glazing material in windows shall not be less than eight (8) percent of the floor area of the room served by them, but in no event shall the glazed area in a habitable room be less than ten (10) square feet or in a bathroom, less than three (3) square feet. Windows used for ventilation shall have an aggregate openable area of at least fifty (50) percent of the glazed area required for lighting. 8.2 Every kitchen, bathroom, and water closet compartment, shall comply with the light and ventilation requirements for habitable rooms except that no window shall be required in adequately ventilated kitchens, bathrooms, and water closets, equipped with a ventilation system which meets the standards of the North Carolina State Building Code. Article 9. Minimum Standards for Space, Use, and Location. 9.1 Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the North Carolina State Building Code. This provision shall not apply to mobile homes which meet Federal or State construction and safety standards at the time of manufacture. Every dwelling unit shall contain at least one hundred and fifty (150) square feet of habitable floor area for the first occupant, at least one hundred (100) square feet of additional habitable area for each of the next three (3) occupants, and at least seventy-five (75) square feet of additional habitable floor area for each additional occupant. 9.2 At least one-half (1/2) of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches (7'6"). 9.3 Floor area shall be calculated on the basis of aggregate room area. However, closet area and wall area within the dwelling unit may count for not more than ten (10) percent of the required habitable floor area The floor area of any part of any room where the ceiling height is less than four and one-half feet (4'S") shall not be considered as part of the floor area for the purpose of determining maximum permissible occupancy. Article 10. Minimum Standards for Control of Insects, Rodents and Infestations. 10.1 In every dwelling unit, for protection againt mosquitoes, flies, and other insects) every door used or intended for use for ventilation opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self-closing, device; and every window or other device opening to outdoor space used or intended to be used for ventilation shall likewise be supplied with screens. -6- Y4-144,146k, e d 10.2 Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents shall be equipped with screens or such other device as will effectively prevent their entrance. 10.3 Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than or dwelling unit shall be responsible for such extermination whenever the unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in rodent proof or reasonably insect proof condition, extermination Ishall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner. Article IL Minimum Standards Applicable to Rooming Houses: Exceptions. All of the provisions of this ordinance, and all of the minimum standards and requirements of this ordinance, shall be applicable to rooming houses, and to every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in the following paragraphs: 11.1 At least one (I) water closet or approved privy in good working condition shall be supplied for each four (4) rooms within a rooming house wherever these facilities are shared. 11.2 Every room occupied for sleeping purposes by one (I) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age. 11.3 The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house. He shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or 'building within which the rooming house is contained is leased or occupied by the operator. 11.4 Every water closet, flush urinal, lavatory basin and bathtub shall be within an enclosed room or rooms, which are separate from the habitable rooms, are accessible' from a common hall, and are accessible without going through any other rooming unit therein. If sanitary facilities are outside, they shall be accessible to occupants of each rooming unit without going through another rooming unit. 11.5 All rooming units shall have access to an exterior door and exit without going I through another rooming unit. Article 12. Responsibilities of Owners and Occupants. .7. • ... .1J 12.1 Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thei.eof, 12.2 Every owner of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he oclupies and controls. 12.3 Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner. I 12.4 Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same. Article 13. Powers and Duties of the Building Inspector. The Building Inspector is hereby designated as the officer to enforce the provisions of this ordinance and to exercise the duties and powers herein prescribed. The Building Inspector is authorized to exercise such powers as may be necessary or convenient to carry out an 1 d effectuate the purposes and provisions of this ordinance, including the following powers in addition to others herein granted; I 13.1 To investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the County, in order to determine which dwellings and dwelling units do not meet the minimum standards contained in this ordinance. 13.2 To administer oaths and affirmations, examine witnesses and receive evidence. 13.3 Pp enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in accordance with Section 14 of this ordinance and State law, and shall be made in such manner as to cause the least possible iinconvenience to the persons in possession. 13.4 T c I appoint and fix the duties of officers, agents and employees, as the i Inspector deems necessary to assist in carrying out the purposes of this ordinance, and to delegate any of the Inspector's functions and powers to such officers, agents and erroyees. 13.5 T4 such other duties as may be prescribed herein or by the Board of Commissioners of Orange County. Article 14. Inspection; Duty of Owners and Occupants. 14.1 The Inspector is hereby authorized to enter, examine, and survey at all reasonable tines and in a reasonable manner all dwellings, dwelling units, rooming houses, rooming units and the premises associated therewith to determine if there exists upon such premises conditions which do not meet the standards contained in this ordinance; as follows: (a) Whenever it appears to the inspector (on his own motion) that any dwelling or dwelling unit does not meet the minimum standards contained in this ordinance; . 1 ,i. ..`::,'-, i "';7,'-• ,!, :;th!'"'..7'4,::7,4.-7,4' ;:1:-.....'..-7.'e_r::--16•2_,C e • 20 (b) On a periodic basis, subject to the Board of Commissioners direction; (c) Whenever a petition is filed with the Inspector by a public authority or by at least five (5) residents of the County charging that any dwellingi or dwelling unit contains conditions that do not meet the minimum standards contained in this ordinance. 14.2 The owner and occupant of every dwelling, dwelling unit, rooming house and rooming unit, or the person in charge thereof, shall give the Inspector free access to such dwelling, dwelling unit, rooming house or rooming unit and its premises at all reasonable times and in a reasonable manner for the purposes of such inspection, examination and survey. Consent of the occupant in actual possession or control of the premises shall be sufficient permission to the Inspector to enter upon the premises. Whenever the Inspector is denied permission to enter upon and inspect the premises, by the occupant, the Inspector may obtain a warrant authorizing him to conduct such inspection of the premises as authorized by North Carolina General Statutes Section 15-27.2. 14.3 Every occupant or person in possession of a dwelling, dwelling unit, rooming house or rooming unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit and its premises at reasonable times and in a reasonable manner for the purpose of making such repairs and thterations as are necessary to effect compliance with the standards contained in his ordinance or with any lawful order issued pursuant to the provisions of his ordinance. Article 15. Procedure for Enforcement. 15.1 Whenever it appears to the Inspector that any dwelling or dwelling unit does not meet minimum standards contained in this ordinance, he shall issue and cause to be served upon the owner of the parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten (10) nor More than thirty (30) days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint ail to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being Peard. The rules of evidence prevailing in the courts of this State shall not be dontrolling in hearings before the Inspector. 15.2 After such notice and hearing, the Inspector shall state in writing his determination whether the dwelling or dwelling unit complies with the minimum standards contained in this ordinance, and if not, whether it is deteriorated or dilpidated. (a) If the Inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order l directing and requiring the owner to repair, alter, or improve such dwelling or dwelling unit to comply with the minimum standards contained in -9- - 21 this ordinance within a specified period of time, not to exceed ninety (90) days. Such order may also direct and require the owner to vacate and close such qweiling or dwelling unit until such repairs, alterations, and improvements have been made (6) If the Inspector determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner either to repair, alter or improve such dwelling or dwelling unit to comply with the minimum standards contained by this ordinane, or else to vacate and remove or demolish the same within a specified period of time not to exceed ninety (90) days. Article 16. Appeals from Orders of Inspector. 16.1 An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby within ten (10) days from the rendering of the decision or service of the order, and shall be taken by filing with the Inspector and the Zoniiig Board of Adjustment notice of appeal which shall specify the grounds upon; which the appeal is based. Upon the filing of any notice of appeal, the Inspector' shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When an appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by restraining order granted for due cause shown upon not less than one day's written notice to the Inspector, by the Board, or by a court of record. In the absence of an appeal, the order of the Inspector is final 16.2 The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable tiMe. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appeaied from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Inspector but the concurring vote of four (4) members of the Board shall be necessary to reverse or modify any decision or order of the Inspector. The Board shall have power also in passing upon appeals in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. This power shall be exercised according to the procedures and standards contained in the Orange County Zoning Ordinance for the exercise of the variance powers contained in that ordinance. 16.3 Every decision of the Board shall be in writing and shall be promptly filed in the Office of the Inspector, and shall be open to public inspection; a -1 0- ; • 2J certified copy I shall be sent by mail, or otherwise, to the appellant. 16.4 Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the Board, but not otherwise. 16.5 During the time allowed for the filing of an appeal to the Board or for the filing of a petition for writ of certiorari, but not more than thirty (30) days after the issuance of an order by the Inspector or the rendering of a decision by the Board whichever is applicable and whichever is later, any person aggrieved by the order or decision may petition the Superior Court for a temporary injunction restraining the Inspector pending final disposition of the cause as provided in Article 16.1 or 16.4 hereof. Article 17. Methods of Service of Complaints and Orders. Complaints and orders issued by the Inspector shall be served upon persons either personally or by registered or certified maiL If the whereabouts of such persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make affidavit to that effect, and the serving of such complaint or order upon such person may be made by publishing of same at least once rio later than the time at which personal service would be required under the proVisions of this ordinance in a newspaper having general circulation in the county. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. Article 18. Violations; Remedies and Penalty. 18.1 The owner of any dwelling or dwelling unit who fails to comply with an order issued by the Inspector pursuant to Section 15.2 of this ordinance from which no appeal has been taken, or falls to comply with an order of the Board of Adjustment following an appeal, shall be guilty of a misdemeanor. Each day that any such failure to comply with such order continues shall constitute a separate and distinct offense. 18.2 If the owner of any dwelling or dwelling unit fails to comply with an order issued by the inspector pursuant to Section 15.2 of this ordinance from which no appeal has been taken, or fails to comply with an order of the Board of Adjustment following an appeal, then the Inspector may cause such dwelling or dwelling unit to be vacated and closed; and may cause to be posted on the main enteranee of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation. The use or occupancy of this building for human habitation is prohibited and unlawful." If a person removes a notice that has been affixed to a dwelling or dwelling unit by the inspector, that person is guilty of a misdemeanor. 18.3 Occupancy of a dwelling or dwelling unit posted or placarded as provided in Section 18.2 of this ordinance shall constitute a misdemeanor. Each day that such occupancy continues after such posting or placarding shall constitute a separate and distinct offense. 18.4 Whenever a violation is denominated a misdemeanor under the provisions of this ordinance, the Inspector, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceeding to prevent, restrain, -1 1- correct, or abate the violation or prevent the occupancy of the building involved. 18.5 Neither this ordinance nor any of its provisions shall be construed to impair or limit in any way the power of the County to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this ordinance by criminal process as authorized by North Carolina General Statutes Section 14-4 and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in any other ordinances or laws. Article 19. Non-Conforming Conditions: 19.1 The area, dimensional, and proportional provisions of Articles 7.1, 8.1, 9J, 9.2, and 11.2 shall not apply to dwellings or dwelling units In use prior to the adoption of this ordinance, but no such dwelling or dwelling unit shall be modified, altered, expanded, or replaced except that any such new installation shall be made in accordance herewith. 19.2 The provisions of this ordinance shall not apply to mobile homes when Federal or State construction and safety standards provide a standard other than as provided herein and when such mobile homes, meet any such Federal and State construction and safety standards at the time of manufacture. Article 20. Conflict with Other Provisions. In the event any provision, standard or requirement of this ordinance is found to be in conflict with any provision of I any other ordinance or code of the County, the provision which establishes the higher standard or more stringent requirement for the promotion and protectibn of the health and safety of the residents of the County shall prevail. Article 2L Severability. If any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this ordinance are hereby declared to be severable. Article 22. Effective Date. This ordinance shall be effective on - 2 ORANGE COUNTY 124 BOARD OF COMMISSIONERS ACTION AGEND ACTION AGENDA ITEM ABSTRACT ITEM NO.6-23 MEETING DATE .12/5/83 SUBJECT: EROSION CONTROL ORDINANCE - STAFF IMPACT DEPARTMENT: Planning PUBLIC HEARING: YES X NO ' I ------------ • ATTACHMENT(S): INFORMATION CONTACT: Napagees.Offiee Memalmdum to County Mena er dated 11/29/83 PHONE. NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 68B-7331 PURPOSE: To consiir impact of adoption of additional erosion control standards in Universit Lake Watershed on existing Erosion Control Staff. NEED: On October 18, 1983, the Board of County CoMmissioners adopted amendments to the Sedirdentation and Erosion Control Ordinance whiCh Would require a higher level of service within University Lake Watershed. The amendments had been proposed py the,Town of Carrboro and requited from a'stUdy of University Lake Watershed: prepared'by that community'S Water Quality Task Fbrcei The amendments Included tadditional, stormwater management practices, buffer requirements adjacent to feeder streams, and more estensive plan approval and permitting requiremebts: IMPACT: Administering the additional,Erosion Control,Standards will require 452 macho rs or the equivalent of 2.57'MOnths, The additional time demands created by the higher level of service required in University Lake Watershed, coupled with a 27% increase 4n inspection activities in other portions of the County,. indicated the nee(“Or one (1) additional irosioe Control Inspector; The half-ye (January-June) personnel cost for this position would be $10,432 and capitl costs for office equipment, surveying eqUipMent and a vehicle would be $34,Q,84 . (SEE ATTACREMENT FOR FURTHER JUSTIFICATION) RECOMMENDATION(S): Approve establishment of the additional position with the $24,516 in funding to come from the contingency fund. Note: Previous encumbrances (community services restitution contribution; Efland Center stove and refrigerator; Employment Security Office rent; Lake Orange Suli-vey; Public Defender Office rent, furnishing and renovations and Ag. Preservation legal drafting) have reduced the Contingency fund to approxi- mately $79,478. ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 .001 .r 101 1'It ,u .0 MEMORANDUM TO: COUNTY MANAGER FROM: PLANNING DIRECTOR DATE: NOVEMBER 29, 1983 RE: STAFF IMPACT - SEDIMENTATION S EROSION CONTROL ORDINANCE AMENDMENTS The adoption of Sedimentation and Erosion Control Ordinance amendments by the Board Of County Comissioners on October 18, 1983 will create added demands on staff for purposes of administration and enforcement. The effect is one of requiring higher levels of service within University Lake watershed, not only within the Town of Carrboro's jurisdiction but within the County's jurisdiction as well. The impacts which the Planning Department is projecting are identified in the following paragraphs, • 0 Building Activity - To estimate the time demands resulting from the adoption of the Ordinance amendments, the Staff first looked at the number of building permits issued within the University Lake watershed during the preceding 10 months. This information is listed below. Permits Issued - University Lake Watershed January 1, 1983 - October 18, 1983 ---------- Permit Type Orange Co. Carzboro Total Single-faMily 25 10 35 Single-family alterations 11 2 13 Mobile homes (individual) 19 19 Mobile hoMes (in parks) 12 12 Accessory buildings 4 4 Commercial alterations 1 1 Totals 71 13 84 Source: Orange County Planning Department, Building Permit Records, Carrboro Planning Department, Building Permit Records. The information concerning permits issued was then converted to a monthly average and used to develop estimates of the types of permits issued on an annual basis. 26 if i k 4 November 9, 1983 -2- County Manager '.- The estimated annual permit activity likely to occur in University Lake watershed is as follows: Estimated Permit Type Permits Issued Annually Single family hh Single family alterations 16 Mobile homes ( ndividual) 214 1 Mobile homes (in parks) 15 Accessory bud ings 5 Commercial alt rations 1 . — — Totals 105 , Inspection Requirements - Another determinant of the time required to provide , a higher levell of service in the watershed area is the inspection activity, plan review and/or plan approval necessary for individual permits. The Ordinance provisions offer an indication of what types of activities will be • n required and these are listed below, 1. Initial Site Inspection - Section 6.1 (General Requirements for University Lake Watershed), subsection b (Plan Exemption), allows the g.. Erosion Control Officer to issue a Plan Exemption if proposed land disturbing activities can be classified under one (1) of three (3) exemptions.i To determine if the proposed activity falls within one (1) of the categories, the Erosion Control Officer will have to visit each site (except for mobile homes in parks) to make such a determination. 2. Plan Review! & Approval - Section 6.1.a. also requires the submission and approval of an erosion control plan for any activity not covered by an exemption. The review and approval of plans will require the time of the Erosion Conrol Officer to perform these functions. 3. Site Inspections - After an erosion control plan is approved and constructs has begun, three (3) site inspections will be required to insure tbs. all land disturbing activities are in compliance with the Ordinance provisions and plans approved. This number is based on those which ,.. are currently performed (at a minimum) on sites in other portions of the County. Time Requirements - For each of the inspection and approval activities listed above, a certain amount of time is required to perform that activity and/or travel to and Ifrom the site. Listed below are estimates of the amount of time ■t. required for each. 1. Initial Site Ins.ection - One (1) hour .er site. This figure is based on the , prior experience of the Erosion Control Officer. The time may vary from site to site bu± will average one (1) hour per site. Time must 1e spent in walking the site to evaluate slope, soil and drainage patterns. lascussions must also be held with the homeowner or contractor concerning what type of construction and land disturbance activity is proposed. This time is also used to answer questions, explain development standards and offer sugistions concerning erosion control measures to use. The addition of stormwa er management requirements to the Ordinance will also mean closer scrutiny of individual sites, [ , .- [ i ....„ - _ - - 2i , 1 .. November 29, 1983 -3- County Manager 2. Plan Bevies, & A..rovel One and one-half (11/2) hours per site. Due to more and higher standards for erosion control and stormwater management, plan reviell, will be more extensive. Calculations of runoff supplied by the owner Or his surveyor must be verified. Plans must also be reviewed to determine tat control measures proposed will limit stormwater discharges ' to pre-development levels and that erosion will be contained within areas designated for land disturbance. The estimate of time for plan review and approval is based on the Erosion Control Officer's prior experience and includes that time necessary to prepare and issue grading permits, establish files, etc. .._ 1 3. Site Inspections - Ohs-half (1/2) hour per site. Site inspections will take less time than the initial inspection, since the ErosionControl Officer j has familiarity with the property and approved plans. Three (3) visits are made te each site to see if control measures are installed and containing erosion. 4. Travel - T ill enty (20) minutes .er site ins.ection tri.. Travel to the UniversitylLake Watershed would be scheduled in such a manner to inspect as Many sites in that area as possible in one trip: Traveling the 50-mile round-tripldistance would take approximately one (1) hour. Travel time between sites would be approximately 10 minutes due to their scattered location. From four (4) to eight (8) inspections per day could be made, depending ,pon whether they were "initial" or "follow-up" site visits. The travel time between sites would thus vary 30 to 70 minutes per day. In total, all travel would average 20 minutes per site inspection per day. Given the amourft of time necessary for each activity, certain assumptions had to be made to estimate the annual time requirements for administering the higher erosion control standards in University Lake watershed. The assumptions used are as follows: i 1. AS mentioned previously, initial site inspections would be required of all sites ekcepi for Mobile;hoMes'being-located in'parks. Alabile home parks are either existing or receive approval of erosion control plans through another procedure. Individual units are moved to a prepared site and little or no land disturbing activity is involved. All other sites involve either clearance or land disturbance or both and would require at least an initial site inspection. 2. All singlefamily and individual Mobile home sitea would require plan review and'approval. Single-family and commercial alterations., and accessory uses were not inluded, since land disturbing activities would be minimal and cat- egorized as !exemptions. A question existed as to whether all single-family and mobile homes should be included, since some sites might fall within the exemption grianted under Section 6.1.b.(1) - land disturbing activities which would not result in the uncovering of more than 10,000 sq. ft. , On November L.8, 1983, the Erosion Control Officer traveled all roads within the University Lake watershed area and identified nine (9) sites on which building permits bad been issued and homes were under construction or sites cleared for that purpos . The average a:mound of land area disturbed on these home its is as follows: i I 1 November 29,1983 -h- County Manager Driveway area (Average - 7 sites) 1.71i8 sq. ft. Home Site (Average - 9 sites) 9,220 sq. ft. Filtrr field (Average 3 sites) 7,5148 sq. ft. Total average cleared area (9 sites) 13,095 sq. ft. Three (3) of the nine (9) sites had areas cleared of less than 10,000 sq. ft. However, one site had no driveway or septic tank filter field cleared, while the remaining two had, not yet cleared for the filter field. Given this fact, all thes4es were anticipated to exceed the 10,000 sq. ft. limit after filter fields were installed, Specific information concerning all building permits is provided as an attachmentl Since 100% of the sites investigated were fould or expected to exceed the 10;000 sq. ft. limit, it was assumed that all sites in the annual estimate would do the same, 3. All single-family and individual mobile home sites would require site ins.ectiona (minimum'ofithree' ier'site). Since plan approvals would be granted tolall-single-family and mobile home sites, it follows that individual Site inspections would be required for each, ' By applying the assumtions above and estimates of time required for each activity to the estimate of permits issued annually, it was possible to derive projections of the time necessary to Garry out each activity individually and that necessary to administer the program for the year. These projections are shown on the accompanying table. The total amount of time required, though, would be 452 man-hours. This is equivalent to 56.5 man-days or 2.57 months. • .1 ".4 November 29,1983 County Manager -5- TIME REQUIREMENTS - EROSION CONTROL STANDARDS UNIVERSITY LAKE WATERSHED AREA Number of Time Required Total Time Activity Permits Per Inspection Required Initial Site Inspection (1) Inspections 90 1 hour/site 90 hours Travel 90(1) 1 hour/trip 90 hours Tr (2) Plan Review & Approval 68 1-1/2 hours/site 102 hours Follow-Up Inspections 68(2) 3 @20 minutes/site 68 hours Travel 68(2) 3 8 1 hour/site 102 hours Inspections Totals h52 hours Notes: (1) Includes all permit categories except mobile homes in parks. (2) Includes single-family and individual mobile name units- -9,, U November 29, 1983 -6- County Manager Staffing Needs - The administration of additional erosion control requirements within University Lake Watershed 'would occupy an Erosion Control Division staff member for approximately 2.6 months in total. Projected service levels included in the 1983-84: budget are being realized and, in some instances, exceeded. This itcrease is shown below. 1 Projected 1983-84 Erosion 1 Cofttra Ids.ection'Activity . Budget Revised Inspection Type , Proiection Projection Construction Sites 820 1,032 Subdivisions 150 162 Private roads 110 72 State sites 125 120 Technical assistance 265 482 i,47Q 1,865 Totals. Average/Work pay 6.10 7.75 The revised projections represent a 27% increase in service demand, much of which can be attributed to growth in development activity in the Chapel Hill- . Carrboro area Plans which must be reviewed and approved are also projected to increase slightly above the ko services included in the 19q3-84 budget. BeCause of the increased demand for inspection and/or technical assistance services, more participation in the review and approval of development plans (both staff 16vel and Chapel Hill-Carrboro courtesy review), and a stepped-up enforcement pi-ogram; the current staff has found it difficult to complete other elements of the work program. These include an erosion control manual, and stormwater, flood plain and erosion control sections of the Land Use Code. The current staff is comprised of one full-time Officer ant an Inspector who divides his time equally between inspecting development activities and performing graphics/drafting services for the Planning staff. This arrangement was establis ed in August, 1982, following the resignation of the former Officer. and Inspector. A new Officer l was employed and a Planning Technician elevated to the "split" position. The shift resulted in a monetary savings for the 'County since one (1) staff position was chopped, but was appropriate, considering the lower demand for services at: that time (1,170 inspection services). However, the increase in service demand plus a greater need for graphics/drafting assistance to complete area studies in the departmental work program has shown this arrangement untenabl-. 1 It should be noted that other duties will be assigned to the Erosion Control staf in addition to those inspection and plan approval functions cited previously. These include: 1. Develoopment of standards and specifications for the additional requirements imposed by: a. Section 8-1.a - Design standards for channeling runoff in swales, etc. b, Section 8.1.j - Design standards for detention and retention areas. c. Section 8.1.m Design standards for retention of runoff from industrial si es. d. Section 9.1. - Design standards for control of discharge. Npvember 29,lB3 -7- County Manager 2. Revision of forms and fee schedules to reflect Ordinance changes. 3. Establishment of clear administrative procedures with the Town of Carrboro. 4. Assistance in inspection of buffers where requires (This has been typically found in zoning provisions, but is now contained in the ErOsion Control Ordinance due to the amendments). 5. Screening of building permits to insure that permits in University 'Ake • area are not inadvertently issued without review and approval. " 6, Technical assistance to developers and contractors who must learn the new requirements. Some of these tasks must be accomplished "up front", including the establishment of forms and fees, administrative procedures, etc. Others, such as the screening of building permits, are on-going activities. The current staff load plus the additional requirements imposed by the Ordinance amendments point to the need for an additional staff person. Additional justifi- , cation is thelprobability of the same or similar requirements being applied in other watershed areas within the County. Furthermore, the adoption of watershed protection measures such as the infiltration of the first half-inch of runoff will require the additional staff help to administer those provisions. Funding Requirements - Shown on the accompanying page are estimates of the cost for providinglan additional Erosion Control Inspector, a vehicle for his use, office equipment, surveying equipment and transportation expenses. An additional vehicle is needed, since only one is assigned to the current staff and two would be needed to adequately cover the County. The type of v4hicle needed is a mid-size, 8-cylinder, pick-up truck with four-whell drive to provide better site access. An extended cab is also needed to carry tools • and surveying equipment, Office equipment is needed for the staff member and would include a desk, chair, filing cabinei, bookcase and miscellaneous equipment such as scales, stapler, • . tape dispenser, etc The surveying equipment would be necessitated by the additi n of stormwaterjmanagement practices and would be used to determine site elevations and slope to insure that control measures were properly installed to achieve desired goals. • ,- Transportation costs would have to be ideluded,for operation of the truck. No firm estimate can be provided as to mileage driven, but the current vehicle assigned to Erosion Control is driven approkimately 14,400 miles per year. • 32... November ?9,1983 -8- County Manager ' Funding Requirements - Additional Erosion Control Staff ,' 1/2 Yearly Year Cost Cost ' Jan...1 - June"30 Erosion Control Inspector (Grade 69, Step 1) salary $17,930 $ 8,965 Hospitalization 58h 292 Social Security (6.70%) 1,201 600 Retirement (6.42%) 1,151 575 Total $20,866 $10,432 1 Office Equipment Desk $ 350 $ 350 ExeCutive Chair 195 195 Side Chair 120 120 File Cabinet 115 115 Bookcase 140 140 Mi&cellaneous 80 80 ' I Tot18.1 $ 1,000 $ 1,000 - . Motor Pool 114,400 miles e$.22 per mile $ 3,168 $ 1,584 Surveying. Equipment $ 1,500 $ 1,500 Vehicle - 8-cylinder pick-up $10,000 $10,000 - TOTAL $36,534 $24,516 Note that the salary proposed for the additional Inspector represents a pay 1 grade mid-way; between the Erosion Control Officer (Ti) and the Erosion Control Inspector (6711). This has been proposed, since a more experienced person would be required to handle the more technical aspects of the job. The Erosion Control Officer has supplied a list of requirements and qualifications for this position which include' the following: r 1: Must have prior field experience in erosion control or other related occupation (construction, engineering, surveying, etc.) that would qualify him to be fomiliar with land disturbing activiI ties (clearing, grading, filling, storm drainage, etc.) and the process involved to achieve a finished product. ' . I t . 31j November 29,1983 -9- County Manager 2. Must eve a basic understanding of "cook book" engineering in orderlto review and understand plans, designs and the concepts behind them. • 3. Must be able to visualize a construction site from drawings and understand the shape and topography of the site from the beginning when undisturbed through the construction to finished site. 4. Must be able to work with a wide variety of people including job site N6rkers to engineers and architects in order to explain and describe the purpose, requirements, design and construction of erosion control measures. 5. Must be able to learn on the job and take initiative and assume responsibility for decisions. Space Requirements - With the addition of a new staff member, the Department would be hard pressed to find space for this person. The installation of word processing required the shifting of personnel to accommodate the equipment for that purpose. To handle the additional member, space could be provided if sufficient funding were provided to purchase modular desk units. These take up less space and can be arranged to utilize existing space more efficiently. Another alternative would be to relocate the Personnel Department and assign the first floor of the Courthouse (excluding courtrdoms) to the Planning Department. Another alteinative would be to allow the use of the hallway dividing the Department for a receptionist-clerical area. Sufficient funding would have to be provided, however, to allow the adaptation of that space for such a use. Given the amound of building activity projected with University Lake watershed, the current staff work load, the time required to effectively administer a higher level!inspection program, and the probability of additional watershed areas being brought under similar provibion, I feel+the addition of another Erosion Control Inspector is justified. Should You require additional'inforMati n or clarification, let me know. Marvin Collins, Planning Director CC: Warren Faircloth, Erosion Control Officer d4 Attachment SITE CLEARANCE SURVEY - UNIVERSITY LAKE WATERSHED November 18, 1983 Site Clearance (In Square Feet) Building Permit Driveway House Filter Field Total 839536 2,016 1 9,216 9,504 20,736 839818 2,088 15,300 Not installed 17,388 839398 1,080 12,600 13,680 839394 Not installed 8,424 It 8,424 839821 2,376 4,320 I 6,693 839645 2,400 8,064 10,464 839566 900 7,920 7,200 16,020 839603 Not installed 10,800 5,940 16,740 839512 1,380 6,336 Not installed 7,716 Average 1,748 9,220 7,548 13,095 4 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENT\ ACTION AGENDA ITEM ABSTRACT ITEM N0.C.-11* MEETING DATE December 5, 1983 SUBJECT: Legislative Drafting for Farm Preservation Program DEPARTMENT: Planning PUBLIC HEARING: YES ATTACHMENT(S): OctOber 30, 1983 Letter INFORMATION CONTACT: Susan Smith from Mike Brough PHONE NUMBERS: HILLSBOROUGH - 732-81811' HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 • 1 PURPOSE: To approve hiring of Mike Brough for legislative drafting services on the • proposed Orange County Farm Preservation Program as recommended by the Agricultural Task Force and ATF Implementation Committee; considered by the Board of Commissioners on May 2, 1983; recommended for approval by the Planning Board on May 16, 1983;and approved by the Board of Commissioners on May 23, 1983. NEED: Approval of the drafting services would allow for submittal of the proposal to the General Assembly for legislative changes providing for the establish ent of the 1program at the county level, Mr. Brough has indicated that he expec s • this effort to take 25 hours at a cost of $50.00 an hour, plus out of pocket expenses. Clarification has been made to Mr. Brough that we are also interested in having him draft the local ordinances necessary to implement the program. Additional information on the number of hours will be received from Mr. _Brough in time to report l at the Board meeting on December 5, 1983. IMPACT: ApproVall of the proposed services would permit drafting of legislation and review/approval by Board for submittal during the next legislative session of the General Assembly. Paying for the service would have to come from the contingency account as t4e professional services account of the Planning Department will not be sufficient. RECOMMENDATION(S): As the Board decides. • MICHAEL B. BROUGH ATYATLW r.0.130X 32,3 CARIRSPRO.N.C.,27910 (91 )012.11541 October 30, 1983 Ms. Susan Smith Orange County Planning Department Cameron Street BillsborOugh, N.C. 27278 Re: Legislative Drafting for Farm Preservation Program Dear Susan: I have reviewed the materials you provided me concerning • Orange County's farm preservation program. I assume that what I am being asked to do Is only to draft the necessary legislation to implement this program and not other ordinances or policies that could be adopted by the county board of commissioners or the county administration. (I would belhappy to draft those ordinances or policies as well, but I dolnot understand your request to include these document's.) Based on this assumption, I concur with the summary contained on page 12 of the 1-14-83 draft, which indicates the need for the following four pieces of legislation: (1) General legislation is required to establish the prefer- ential taxation aspect of the farm preservation program. 4 This legislation presents the most substantial drafting problem and most of my time will, therefore be spent on this subject. (2) Local legislation will be needed to deal with the some- . what related question of exemption from special assessments for watei and sewer improvements for properties participating in the farm preservation program. (3) General legislation will be needed to provide for the assessment of attorney's fees against plaintiffs who initiate frivolous nuisance litigation against owners of property engaged in protected uses. (4) Special legislation will be necesary to require that deeds transferring property within 600 feet of bone fide farm tracts and within one-half mile of all poultry, swine, or k • F.? - , . ,e, 4 1 # , a F'"- , ' Ms. Susai Smith October 30, 1983 Page 2 dairy bone fide farm tracts contain a disclosure statement that the property transferred is within the indicated area of proximity to such farm uses. In my judgment, such ir- legislation would have to be made effective only at the time Orange COunty is able to enter onto its computerized land records System the appropriate information to indicate to a title seacher that the property in question is in fact within the stated limits. ( 1 [ With respect to the proposd legislation listed in {3) and (4) above, we need to discuss the relationship between this legislation and G.S. 106-701. This latter act deals with the Ist: questionlof the nuisance liability of agricultural opera- tions. It became effective in 1979, and it appears that, P when thelAgricultrual Task Force was doing its work, it may not have been aware of this legislation. In general, I now believe that most of the issues that need to be resolved for me to draft this legislation have been resolved in the 1-14-83 draft of the farm preservation pro- gram. Ir other words, with some consultation with you on a few matters, I believe I could produce a draft of all four pieces (7) legislation that would be sufficiently detailed so that it could be reviewed by whomever the county wished. My rough estimate is that this initial drafting effort would take approximately 25 hours of my time, including the time already spent on the project. Of course, if I were requested to meet with boards or committees to review and revise the initial draft, this would involve additional time and expense. As I have previously indicated to you, I charge 't- for my tlme at the rate of $50.00 per hour, plus out-of- t pocket ex enses. If you wi h me to proceed with the drafting of this legislation, please let me know at your earliest convenience. I would w lcome the opportunity to work with Orange County on this impo tant matter. i- k Sincerely, Ir, 1 Michael Bl. Br ugh Attorney at Law 1 1 cc: Geoffrey Gledhill k- li .*- k' 1E 4 -..; V i . : ,..... MICHAEL B. BROUGH 1 ATTOIMET AT LAW P,0, BOX 323 CAR REICIRO,N.C,27510 (91B)942-9541 . - . ' December 1 , 1983 Ms. Susan J. Smith , • - , ., ., , 1 : ,,.,.• ;.:.•. , :.'7::• Orange County Planning Department .... Hillsborugh, N.C. 27278 1 . . Re: Legislative Drafting For Farm Preservation Program Dear Susan: In response to your letter of November 23, 1983, 1 Perceive c,. the need for the following ordinances or resolutions to implementi or supplement the proposed legislation that 1 discussed in my letter to you of October 30, 1983: ( I ) A resolution establishing standards to differentiate • properties that are eligible for the reduced assessment from .. , those that are not. . 1 recogize that the Initial intent of the program Is to have the reduced assessments applied to . . ,...,_ farm tracts already eligible for partial exclusion from ad " valorem taxation under the North Carolina Preferential Taxa- tion Law. However, given the impact of the proposed program, - : - . I believe it will be necessary to review existing :standards or guidellnes' used to determine what properties:are 'elJgiblee for this program and perhaps to devise additional or differ- ant criteria for eligibility under the new program. '; i '' - 'k ! - '-''...-,,r! , ' ;4."::.1.',•• ,*47i.:, (2) An ordinance implementing the authority JO7...exempffrakfJ07, .• water and Isewer special assessments propertle'skerttclpall.0-2. V .: , . . . _ . . . In the farm preservation program. . • ,'•'.'' ': , '' :-': ',•'•• .- •7.;:'1:- ..i.:-4:71,' „,. • „ 7 , ' :., :,,,..., ' ; ' ti*,!4'i'.7;4,i71 (3) An ordinance implementing the enabling legislation: :,. . requiring deeds within a specified distance of2a, ferm §: . property to contain a disclosure statement. ' ' r• ''''''l . (4) An odinance or resolution establishing an agricultural . . . . .. ,. - .,,,,., • , -,,:,...., .3,.' ,'7:,” ',,: "'.':j:.j.07:'14•'; " . 1 . advisory board. _ . . ._ - , .,...,..,, .„.. ,,,,, ,„ .,?,;4‹ :%. .-:-.;:7..'. ' T-•,, -•-•:_...,17; ;, t.. , ...-7:•:v•i' d,'..,,.:::.:-..-. 7 7 .4'-'":17=.. "'''-;:, 7.,' ' :T'.'';'''''F.';::.■-: .. 1, - (5) An ordinance requiring a public hearing ueroru ,,.. . . authorizing the use of eminent domain to acquire_farm,land , . . ,_ -...:,, , . , .„: ...z...;t.i..-... -,.•;;;,7..7;-:..74•: :',,.: -' .-r.,.::.-:,- ,47--, it is, of course, difficult to make an estimate,Ofjha 1 ,., • : •,.,,...:,,,,,..- 47; of time needed to draft the necessary Implementini ' ' ' ' • . :.••;'-. :7-.:-.'-..::, resolution and ordinances. The above list represantz o'olf •;„;. . the draftiAg that appears necessary to ma at this..tino; may become clear as I become more thoreughly" inv0iVadJ6 - _ ,•• ,t:;;:.7.,„,,,, ,:,..::.••:r .,?.,...,,,••.•,.;: ::,• ::-!:::•..,:,.::-.., . , ,. :,, -.n ,,,..;.. • •-..'..,. •-, :-:.,:, :4•• ,,:-..-:-, 1 . , . , . ..,_ : ;;,. , ,;•„, -,•„:•;.;::::,7 ;.: •.:7,• • - ,,z ,...,.: .-. - •-'e-zyp.:t.,.,:n5,I,oit-h•4*te -' !--v---.,. ..6,47:54-14q-';-• ,.:::,,,,,-;,7.-..,..714„...ww.„..,,,,,..,..,..7.....--;%-.-- --...,...,.:,,,,,,, ,..4~.1..:Awefli:c,W4ttWi;?:-: . ‘,-- -- ---- , • P." Ms. Susan J. Smith December 1 , 1983 „ft Page 2 4 *. project that additional ordinances or resolutions are needed. In addition, it is difficult to forecast at this time the extent lb which matters that must be covered in some way will be treatd In the legislation as opposed to implementing ordinances or resolutions. For example, I have assumed that the county will be requesting enabling legislation author- izing it to exempt certain farm land from some special assessments, rather than legislation exempting this farm land by its own terms. In the former case, an ordinance implementing the authority will be required, but there will still bel some flexibility In determining whether various details ill be written into the enabling legislation or the implementing ordinance. With all these qualifications, I would offer a rough estimate of about 25 additional hours of my time to complete the drafting work discussed in this letter. Once again, 1 look forward to working with Orange County on this project. Sincerer :;2171dcdoSI'Lt. Michael • Brou h Attorney at Law ���� ORANGE COUNTY - BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.6-.t MEETING DATE December 5~]98I_ SUBJECT: Child Care Council Charge DEPARTMENT: County ______ - ` ----- oager � pUDL�C RGAKlN�� YE� _ X NO --� ' ~ - INFORMATION Office ��NTACT� Manager's 0� me ATTACHMENT(S): | '^ » Yes PHONE � HILLSBOROUGH - 732~878l HILLSBOROUGH - 782-9361 CHAPEL HILL - 567-9251 | MEBANE - 227-2031 DURHAM - §88-733J - PURPOSE: For � e Board to review and endorse a charge for the newly formed Orange ^' County Child Care Council.and make remaining appointments. For the Board to appoint a chair for the Council from among the membership. . | | NEED: At draft a charge to guide the its November 15, 1983 --- '`d'Car Council in its task to identify — required to coordinate and enhance child care services and the steps -requiredito implement them (the full charge is attached). Vacancies exist for the one person to represent industry and another for urbao/ruhal since Judith Seed is not eligible to serve due to out-of-county residency. IMPACT: The char e is worded to address the programmatic elements of an enhanced child cu e service effort and not a mechanism for administering them. \ | i ! / | | ' RECOMMENDATION(S): As the Board decides. ! | | | ! ' � | - | ~ ' l WHEREAS, the 1982 Needs Assessment conducted by the Orange County Human Senn Commission identified a community-felt need '— the development of dditional child-care resources and the coordination of it1es in Orange County, and WHEREAS, the Child Care Subcommittee of the Human Services Advisory Commission further refined these needs and identified approaches for imple- menting them, and WHEREAS, d hoc committee, ni ted by the Orange County Board BE IT of Commissioners identified alternative administrative structures for delivering enhanced child-care services, and WHEREAS, the Orange County Board of Commissioners, in recognition of the need tO examine innovative approaches for delivering child care RESOLVED, that the Orange County Board of Commissioners NOW, charges'the Orange County Child Care Council with the task of identifying the programs required to coordinate and enhance child-care services in nge County giving specific attention to: 1. The definition of program goals. 2. 7he prioritization of goals and the formulation of objectives for each goal. 3. The establishment of a 3 year timetable for the achievement of� guals and objectives and the intermediate steps that would be'required to achieve them. This process s to culminate in a report to the Orange County Board of Commissioners on February 15, 1984, which should, at a minimum, address the points cited a6ove but not be limited to them. | | . | �' i ORANGE COUNTY 4 U BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.G-to MEETING DATE December 5, 1983 SUBJECT: Alarm Monitoring DEPARTMENT- County !tanager PUBLIC HEARING: YES X NO 7ATTACHMENT(S): I INFORMATION CONTACT: County Manager's Offi.- PHONE NUMBERS: HILLSBOROUGH •- 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE: For the Board to consider authorizing the Directors of Purchasing and Emergency Services to prepare bid specifications for alarm services whereby a private'contractor would deliver alarm protection to private subscribers and the County would directly monitor alarm monitoring equipment housed in the 911 Center and supplied by the private contractor. NEED: This is ue is being brought before the Board at this time due to a pro- w; vision the current contract between Alarms and Protective Systems, Inc, (APS) and the County which requires APS to inform its subscribers 90 days before ontract termination (December 7, 1983) that its alarm monitoring system jvill be disconnected from the 911 Center. This being the case, the Board needs to decide whether to: 1. Notify APS that the County will terminate its contract on March 7, 1984, and activate the 90 day notification require- 1 jent on December 7, 1983: or 2. Notify APS that the County intends to renew its contract with APS thus rendering the 90 day notification requirement unnecessary: or 3. Notify APS that the County will terminate its contract on March 7, 1984, activate the 90 day notification requirement and authorize county staff to prepare bid specifications and gather bids for con- tinued county involvement in direct alarm monitoring beyond ?larch 7, 1934. Prior ti the implementation of the 911 Central Dispatch System, the Orange County Sheriff, the Chapel Hill Police, and the Carrboro Police, as part of their respective communications functions, monitored alarms of private homes and businesses within their jurisdictions. Following formation of the County operated 911 system, all alarm monitoring was consolidated in the 911 dispatch center. As part of the consolidation the contractual obliga- tions of the municipalities visa-vis an existing contract with Alarms and pro- tectivelServices, Inc. (APS), were assumed by Orange County. This arrange- ment called for the provision by APS of alarm monitoring equipment to the 911 Center and for Orange County Central Communications to directly monitor this equipment using County personnel. The equipment tied into the homes and businesses who were subscribers of APS's services. In March, 1983, with this contract due to expire, the Board moved to renew it until March, 1984, with the intention that at that time the County should cease the direct monitoring of alarm systems through this kind of third party arrangement. The primary reason for the Boards action was due to its con- cern abqut the County's liability in alarm monitoring. Regards Tess of who has responsibility for alarm-monitoring (county personnel or a prilvate firm), it can be assumed that businesses and private residences will continue to utilize alarm systems, and the County, as part of its 911 function', will continue to retain its responsibility for dispatch of emergency services' in response to alarm calls. � 1 41 ~2- the case, County staff concludes that the most efficient and error-free in response to alarm calls is through 911 personnel directly monitoring alarms. This Iclusion is based on the following: l~ Liability concerns posed by County in direct monitoring w ,of alarm equipment supplied private contractor can be minimized d by requiring the private contractor to agree to hold Orange County ,harmless and to list Orange County as an insured under its |li� - This would be in addition to liability insurance~ held coverage.Orange County itsef. 2. Experience|[xper emce has shown that the potential for error in dispatching } services can be minimized if the dispatching agency dfroct�/ ;emergency a- nurmm rather than having an intermediary phone in the alarm. ^3 ,Direct monitoring of alarms by the 911 Center requires no additional staff and in fact less effort than would be required if alarms were phoned in by an intermediary agency. IMPACT: �unty moves to terminate its alarm monitoring function, this could If ~-undermine the achievements of the past few years in centralizing commun1ost ens. � ! B / ! RECOMMENDATION(S): � _ - option-#3 under �� � _ '� -'--- - -__ _ _-- ' � - yN_ � | / | / } " | v | i � | � | / � | � | | � ! | ! | / [ | � . ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. C7-11 MEETING DATE 12/5/83 SUBJECT: Flagman Hill - Phase Two DEPARTMENT: Planning PUBLIC HEARING: YES x NO . . T- ATTACHMENT(S): INFORMATION CONTACT: Che klist pg. 1 Jeff Coutu Ext. 34T Tax Map pg. 2 PHONE NUMBERS: HILLSBOROUGH - 732-B181 • HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 • DURHAM - 68B-7331 PURPOSE: To consider approval of the preliminary plat for Flagman Hill I- Phase Two • NEED: The prop rty in question is located in Chapel Rill Township on SR 1112 (University-Station Road) and it also abuts:on Bandy. Road. It IS known asLot 55-of Tax Map 4 and iS bordered by residentialdevelopment in Phase On- es well as the surrounding area. The tract is designated Rural Residential in the Land Use Plan. There are two (2) lots preposed out of a 2.86 acre tract. The lot sizes are .92acre and 1.07 acres, excluding the rights-of:..way. The property is zoned R-1 (Residential-1). • The trac7 is located in the NeW Hope Rural Fire District. This district is served by the New Hope Fire Department located on NC Highway 86. IMPACT: Development of'this subdivision would have minimal impact on the area, It RECOMMENDATION(S): The first 3 lots of this subdivision came in as a minor subdivisior • in October, 1983. Planning Board recommeded approval of preliminary plat on 11/21/831 - I 1- , ... 43 f . r , - , , • - x • - w 0 ' 0 fl .4 , 0 S4 4.1 00 U -1 143 0 _ 0 0 0 Cri 0 0 /4 Pr 0 C3 34 H E -0 •-•-•43 g Co Ci 0 0 I)1 U r-I PI 0 N 0 vg a ..4 U. 44 0 al 0 4 01 in r-t 44 0 f - 4 CIJ rd 34 4-I 1 M PI N 0 P I E ti • M ..,.... i SW 84P. r4-4•Atori C '40 0) U g r4 41 0 4 to ot; to c54 ?, CI 0 i 'V (0 1 P 0) lei ..--. 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(0 w - ID, t . • k .1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA5 ACTION AGENDA ITEM ABSTRACT ITEM NO.G MEETING DATE thel- 1„Decer, SUBJECT: Northside Drive Participatory Paving Project DEPARTMENT: Plan ing PUBLIC HEARING: YES X NO ATTACHMENT(S): INFORMATION CONTACT: Susan Smith PHONE. NUMBERS: HILLSBOROUGH - 732-B181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE: Adoptiori of the Preliminary Assessment Resolution for the Northside Drive (SR 19611) Participatory Paving Project. Will the Board schedule a public hearing on the Preliminary Assessment Resoluti n on December 20, 19837 NEED: Approval of the Resolution is required for completion of Orange County Participatory Paving Program procedures following approval of the project on January 4, 1983. The Resolution sets the assessment basis at an equal rate per foot of frontage. Upon adoption of the Resolution a public hearing on the Resolution can IMPACT: be scheduled. RECOMMENDATION(S): Adoption of the Preliminary Assessment Resolution. Schedule public hearing on the Preliminary Assessment Resolution for December 20, 1983, F y i r 0 COLEMAN, BERNHOLZ, DICKERSON, :-...4. -', BERNHOLZ,GLEDHIL!L&HARGRAVE ATTORNEYS AT LAW i 1, 110 CHURTON STREET HU 1 BOROUGH.N C.272781 919.132-2196 919-942-8000 1 1 CHAPEL HILL OFFICE 1 L45.4 SUITE 20.FRANKLIN BUILDING IT/E.FRANKLIN STREET CHAPEL H/11.NC 27514 ! 4 919 929-7151 ; A ALONZO B COLEMAN JR a, STEVEN A,BERNHOLZ ! .....w DONALD R DICKERSON . ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL November 23, 1983 ,I DOUGLAS HARGRAVE MARTIN J.BERNHOLZ WILLIAM R BREEZE JR 1 4 Of Couns.0 .,71 BONNER D SAWYER 0902!MI Ms. Bverly A. Blythe , -1 Clerk to the Board of - Commissioners of Orange County Orang County Courthouse ,..'., 106 Margaret Lane Hillsbbrough, North Carolina 27278 Re: Northside Drive - Participating Paving Project ,'"55 1 -?.. Dear Beverly: - t I Enclosed you will find a copy of the Preliminary Assessment ,5 Resolution along with the Certificate of Mailing in the referenced project. The mailing must be done on or before December 9, 1983. - , Susan Smith will work with you on this work. When the mailing is complete, please complete the certificate enclosed for filing with the .. Board of Commissioners. ? c,n ,...,, Very truly yours, ' 3 rey P. Gledhill .5 GEG/jac losures 1 Enc cc: Susan Smith -, , .. 5 ''- P , '4.z. f5- '.,,,, ) 5„ r R r •:..,.,;. -:: 1,€. 7., v ,- , I , , Iv. , 0 CERTIFICATE OF MAILING I Beverly A. Blythe, Clerk to the Board of Commissioners of Orange : 1 County, N7th Carolina, DO HEREBY CERTIFY that on or before the 9th day of ".: 1 A December, 1983, I mailed, by first-class mail, postage prepaid, a copy of the I A Preliminary Assessment Resolution for the financing by Orange County of the 1 local share of the cost of paving Northside Drive (S.R.1964), in Chapel Hill Township, )range County, North Carolina, to each owner, as shown on the 4 County tax records of property subject to assessment if the project is 41 undertaken. • WITNESS my hand and official seal of the Board of Commissioners of Orange Couiity, North Carolina, this the day of December, 1983. i Beverly A. Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) --, ,.. :.; ...., 1 , ,... , 46 ;t- A meeting of the Board of Commissioners of Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at o'clock p.m., on the 5th day of December, 1983. Present: Absent: Tie following resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTHSIDE DRIVE (S.R. 1964), IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of Northside Drive (S.R. 1964), in Chapel Hill Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section 153A-205(c); and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, as permitted by North Carolina General Statutes Section 153A-185(4) and as provided for in North Carolina General Statute Section 153A-205; IS HEREBY RESOLVED THAT: 1. Orange County shall undertake financing of the local share of paving Northside Drive (S.R. 1964), in Chapel Hill Township, Orange County, -I- ; c ^•1 North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately thirty percent (30%) of the total project cost. 4 No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due when 1984 property taxes are due, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by this preliminary assessment resolution will be held on the 20th day of December, 1983, at o'clock p.m,,, during the regular meeting of Te Board of Commissioners of Orange County, Orange County Courthouse, Hillsborough, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by pubication one time, not less than Ten (10) days prior to December 20, 1983, the date set for -2-- the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSTS OF PAVING NORTHSIDE DRIVE (S.R. 1964), IN CHAPEL] HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. N tice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has dopted a Preliminary Assessment Resolution as follows: I. Orange County shall undertake financing of the local share of paving Nortside Drive (S.R. 1964), in Chapel Hill Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately thirty percent (30%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due when 1984 property taxes are -3- 4 9 ' .. ,1 i --1-: _ due, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full, A public hearing will be held at o'clock p.m., on the 20th day of December, 1983, at the Orange County Courthouse, Hillsborough, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the I tt preliminary assessment resolution. k-" At the time and place above stated any resident of Orange County or [ any other interested person may appear and be heard. This the _ day of December, 1983. Beverly A. Blythe Clerk to the Board of Commissioners for Orange County, North Carolina The Clerk to the Board of Commissioners is hereby authorized and t directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of t t! property subject to assessment if the project is undertaken, not less than Ten (10) P days prior to December 20, 1983. The Clerk to the Board of Commissioners is hereby directed to file 1 with the Board of Commissioners a certificate that the Preliminary Assessment i Resolution was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Beverly A. Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 9th day of i December, 1983, I mailed, by first-class mail, postage prepaid, a copy of the i -4- i tr ,L t ,,, r=i , I 50 L, J 1 , 1 1.'• 1 Preliminary! Assessment Resolution for the financing by Orange County of the r'' I local share la the cost of paving Northside Drive (S.R.1964), in Chapel Hill Township, ?range County, North Carolina, to each owner, as shown on the County tax! records of property subject to assessment if the project is . I .. undertaken. ..- 1 IVITNESS my hand and official seal of the Board of Commissioners of f 1 Orange Counity, North Carolina, this the day of December, 1983. .'s Beverly A. Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) I 1 This resolution is effective upon its passage. , I Thereupon Commissioner moved the passage of the ; I foregoing reolution and Commissioner seconded the motion, and 1 —.......___ the resultion was passed by the following vote: I Ayes: _ I !!' _ _ Noes: _ I, Beverly A. Blythe, Clerk to the Poard of Commissioners for Orange 1 t I County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proeeedings of said Board of Commissioners at a meeting held on the 5th t . day of December, 1983, so far as the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of i paving Northide Drive (S.R. 1964), in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in Minute Book . I WITNESS my hand and the °Meal seal of said Board, this the day of 19 . I -5- I I , . ti . I _ r. t.. i 4,- 1 1. . . ?'. ... :.' • . .. . , Beverly A. Blythe, ;.,. Clerk to the Board of Commissioners of Orange County, North Carolina ;:• (SEAL) :• !.; . i • 1 . 1 , . . . . i 1 -6- 1 1 ti, 1 g 1 r . ORANGE COUNTY ,.. 54 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. G-- ci MEETING DATE December 5, 1983 SUBJECT: PLANNING DEPARTMENT - Above-the-minimum Hiring Request . . ; : IDEPARTMENT: COUNTY MANAGER ----- PUBLIC HEARING YES x NO "--- . . ... , -......, __ ATTACHMENT(S): NO INFORMATION CONTACT: KENNETH R. THOUSON PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 , DURHAM - 688-7331 ________ _______________ PURPOSE: TO CONSIDER AN ABOVE-THE-MINIMUM APPOINTMENT FOR THE POSITION OF ELECTRICAL INS ECTOR , . NEED: The Perso9e1 Policy prescribes the Minimum rate established for any class as the normallhiring- rate, except in those cases where unusual circumstances warrant appointment at a higher rate. The Policy further provides that abOve-the-minimum appointments will be based on factors such as the following: 1. 4alifications of the applicant being higher than the desirable eduCatlon and experience for the class. - Mr. James Blevins possess an ; Limited Electrical Contractor's License which qualifies him to test for the Level:III Electrical Inspector Certification,. In addition, he has 22 years of experience as an Electrician and one year of experience as an Electrical Inspector with the County. All other applicants would require extensive training on the job, 2. S i rtage of qualified applicants available at the minimum step. - A total offenapplicants were received after extensive recruitme t. Of the ten, six applicants met the minimum education and experie ce and three of the six withdrew from the process immediately becau e of salary limitations. 3. Refusal of qualified applicants to accept employment at the minimum ste . - The best applicant for the position declined the employment offet on the basis of salary. . . IMPACT: The position has been vacant for five months, therefore, funds are available to offset this cost. RECOMMENDATION(S): o approve the above-the-minimum appointment for Mr. James Blevins at Salary Grade 67 Step 4B - $18,774. ORANGE COUNTY � BOARD OF COMMISSIONERS ACTION AGEND ACTION AGENDA ITEM ABSTRACT ITEMNO.6" 0 MEETING DATE December 5, 1985_ SUBJECT: Area Stu y Name rOEPARIMENT: p|an?/no rPJBL1c HE8RING: E3 MU - _. ATTACHMENT(S): INFORMATION CONTACT: Susan Smith PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 237~2031 DURHAM - 688-7331 | ' PURPOSE: To approve an alternative name for the Harmon Young Area stuay. NEED: At the Board of Commissioners' November 7, 1983 meeting the Board approved a motion dilrecting staff to consider alternative names for the Harmon Young Area Stud y.1 Reasons for the action included the implication of a commercial/ industrial area by the referenced title and the *act that the name is based on a uefunc't commercial operation- The Board discussed, but took no action, on the name "x/llsun,ounW1'85 Ar°a''. ` | IMPACT: Change of title |n address the Board's concerns, but may confuse citizens who have followed the development of the area study over the last six months. ' ! RECOMMENDATION(S): At their November 21, 1983 meeting the Planning Board recommended either of the following two names: o Central Orange o Cates Creek T]= planning staff concurs. '/ V - 4 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO, 11 ' .'1 MEETING DATE December 5, 1983 :,-• SUBJECT: Title III-B Contract for Funding the Department on Aging • _, —-.—-.----- . —.---•-'--___-_—____I LPUBLIC HEARING: _YES x NO DEPARTMENT: _I . -------- ------------ 1 -------- _ .. — —I ATTACHMENT(S): con INFORMATION CONTACT:tract Jerry Passmore x280 . 1 PHONE NUMBERS: HILOYCH0511-- 732-8181 .. HILLSBOROUGH - 732-9361 . CHAPEL HILL - 967-9251 [ MEBANE - 227-2031 DURHAM - 68B-7331 . I • PURPOSE: Commissioners need to take action on a twelve-month contract with Triangle J Council of 'Governments for Title III-R and State 1n-Home Aging Services, ef- fective July 1, 1983 -June 30, 1984 in the amount of $67,841. 1 . . 1 NEED: This is a yearly continuation contract covering the following services which are a part of the Dept. on Aging's budget: Transportation, Information and Referral, Homemaker-Ho Health Aide, Senior Center Operation, Outreach, and Special State 1 1W-Home Chore-Handibelper, The amount of funds allocated to specific services is • based on COGIpriority ranking of Aging services in Orange County as well as DOA' •. This item was tabled from the october 18th meeting in order for the County Atto ey and Council of Governments to revolve wording problems with some of the clauses. : . IMPACT: If approved, required County matching funds ($22,923) would remain approximately the same as last year ($22,677). Action will not require any additional count matching funds over those approved in the current Dept. on Aging budget. . i I .. RECOMMENDATIONN: Department staff recommends approval, ., . ,•- •"; . 1 . . : . • .. •-•: ■ , ORANGE COUNTY , 55 g and TRIANGLE 3 COUNCIL OF GOVERNMENTS CONTRACT FOR SOCIAL AND SENIOR CENTER SERVICES r ...._„.- THIS AGREEMENT, entered into as this _151 day of OctobJr , 1983, by and between ORANGE COUNTY (hereinafter referred to as the "Agency") and the Triangle 3 Council of Governments, (herein- - after rekerred to as "COG") , WITNESSETH THAT: WHEREAS, COG desires to engage the Agency to render certain social services hereinafter described in connection with an undertaking or project (hereinafter referred to as the "Prjoect") which is to be wholly or partially financed I by a grant from Administration on Aging through N.C. ntisjsztii A9 i ng (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency or Agencies") , said grant being (hereinafter referred to as the "Grant Contract" and identifiled as Contract for Social ad Senior CantRr S.entir.45 and 1 WHEREAS, the Agency desires to render such services in ) connection with the Project: , I NOW THEREFORE, in consideration of the premises, and i the mutual convenants and agreements hereinafter contained, the par4ies hereto agree as follows: 1. i Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the seri ices hereinafter set forth in accordance with the terms and conditions contained herein. 2. Local Support. In accepting this contract providing for $ of federal funds and S3,4cl of i state funds, the Agency agrees to provide not less than $ 22.d23_ of acceptable non-federal cash and $ 15.563 acceptable in-kind contributions. (,. C t' tx' 56' -2- , 3. ssopeslEervices. Agency shall do, perform and carry out in a satisfactory and proper manner the work and services described in Attachment "A" for as described in FY 84 Area Plan) which is attached hereto and made a part__ --- hereof. 4. Time of Performance. The services of the Agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A", All services required hereunder shall be completed on or before June Di HA • 5. Compensation and Method of Payment, The Agency shall be compensated for the work and services to be performed under tilis contract as set forth in Attachment "B" which is attached hereto and made a part hereof. In no event, however, will thje total compensation and reimbursement, if any, to be paid th Agency under this contract exceed the sum of Slxtv-seiren thousand, eight hundred forty-one dollars (67,840. 6.1 Progress Payments. Unless otherwise provided in Attachment "B", the Agency shall be entitled to receive progres s payments on the following basis; As of the last day of each calendar quarter during the existence of this contract, the Agency shall submit to COG an invoice for paymenli based on the percentage of completion of the Project through the invoice period. Subject to COG's right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a quarter and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which bears the same ratio to the total compensation to be paid to the Agency under this contract as the work and services actually performed as of the end of the invoice period bear to the total work and services to be performed by the Agency under this contract, ms) -3- less all previous progress payments made pursuant hereto. Upon completion of the work, including the receipt of any final written submission of the Agency, COG shall pay the Agency alsum equal to one hundred percent (100%) of the compensation to be paid under this contract, less the total of all previous payments made. Nothwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance ifunding then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 7. Agency's Personnel. Agency represents that it has, or will secure at its own expense, all personnel required in perfcIrming the services under this contract. Such personnel 1 shall not be employees of COG, nor shall such personnel have been employees of COG during any time within the twelve- month period immediately prior to the date of this contract, except With the express prior written consent of COG. Further, 1 Agency agrees that no one employed by COG now, or within the twelve-month period immediately prior to the date of this contract, shall be involved in any way with the performance of this contract, without the express prior written approval of COG. B. Approval of Subcontracts. None of the work of services to be performed under this contract by the Agency shall be subcontracted without the prior written approval of COG. I such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. The Agency knowledges that if the work or services to be performed under tihis contract is financed solely or partially through Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential -4- subcontractors or adequate justification for sole source selection:, The Agency agrees to abide by such regulations in its selection procedure. 9. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designate officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 10. Resorts. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency) , in such form as may be sprecified by COG, outlining the work accomplished by the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by such report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. 11. Inspections. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for 'ale Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumulated. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors fclund in the work. 12. Maintenance of Cost Records. The Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in the Project and shall make such material available at all -5- reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Funding Agency, and if the work and services to be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the United States, or any of their duly authorized representlatives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with thiS Project. 13. Compliance with Requirements of the Concerned Funding Agency. The Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 14. Data to be furnished Agency. All information, data, r4orts, records and maps which are existing, readily available and reasonably necessary, as determined by COG, for the Performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 15. 1 Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, speci- fications, estimates, maps, computations and other data prepared,bY or for it under the terms of this contract shall be delivered to, become and remain, the property of COG upon termination or completion of the work. Both COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations, and works of a similar nature. No reports, maps or other documents produced in whole ot part under this contract shall be the -6- subject of an application for copyright by or on behalf of 1 the Agency or its subcontractors. The work to under this contract may be subject to certain regulations— issued by the Concerned Funding Agency. Information regarding these relevant regulations may be obtained upon written request to COG. This contract does not provide for the development of systems analysis products, models, electronic data processin. systems, software and related services. Any development of such methods, material, logic and systems shall be paid for by the Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 16i Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle J COG". The date (month and year) in which the document was prepared shall also be shown. 17. Interest of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees or subcontractors, 1 presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract if any person having any such interest and employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing that the AgenCy's contemplated action will not constitute a 1 violation hereof, then the Agency shall be authorized to take such action without being in violation of this paragraph. r 1 [ !, -7- i, 1B. Interest of Members of COG and Others. No officer, member or employee of COG, and no public official or any ,„ I -- local government which is affected in any way by the Project, ' I who exercises any function or responsibilities in the review or approiral of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, parnership or association in which he is, directly or indirectly interested; nor shall any such officer, member or employee of COG, or public official, of any local governmJnt affected by the Project, have any interest, direct Or indirect, in this contract or the proceeds arising I therefrom. I 19, Officials not to Benefit. No member of or delegate I to the Congress of the United States of America, resident Commissioner or employee of the United States GoVernment, ■ ■ shall be admitted to any share or part of this contract or I to any benefits to arise herefrom. , I ' 20i Equal Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because of race color, religion, sex, age, or national origin. The I Agency shall take affirmative action to insure that applicants I ' are employed and subcontractors are selected, and that employees are treated during employment, without regard to I their race, color, religion, sex, age, or national origin, 1 Such action shall include, but not be limited to the following: employm6nt, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates ' of pay r other forms of compensation; selection for training , includi g apprenticeship; and participation in recreational f and educational activities. The Agency certifies that it presen ly has in effect such an affirmative action program which specifies goals and target dates to assure the implementation of such plan. The Agency agrees to post 1 1 i 1 1 ;t : I t, 1 - -8- of such plan. The Agency agrees to post in a conspicuous place avilable to employees and applicants for employment, notices to be provided setting forth the provisions of this non-disciimination clause. The Agency will in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Agency, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. The Agency will cause the foregoing provisions to be inserted in all subcOntracts for any work covered by this contract so that sucb provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontracts for less than $10,000.00 (b) The Agency shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as COG or the Concerned Funding 'Agency may require. (c) The Agency agrees to comply with such rules, reguIati ns or guidelines as COG or the Concerned Funding Agency may issue to implement the requirements of this paragrapri. 21.1 Compliance with Cost of Livin• Council. The Agency Jertifies that it is and will remain in compliance with applicable regulations and standards of the Federal Cost of Living Council in establishing wages and prices. The submittal" by the Agency to COG of an invoice or voucher for property', goods or services furnished under this contract shall cc)nstitute a certification by the Agency that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations and standards. 22. Shames. COG may require changes in the work and services which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in -9- 63 a specified reasonable time, not less than fifteen (15) days, within which to cure or remedy such failure or violation. If within such specified period the Agency shall cure or remedy such failure or violation, or shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure or remedy the same or to take such steps as aforesaid, then this contract shall be deemed to have terminated effective at the el,ld of the period of such notice. In the event of such termination, all finished or unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of liability to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, Until such time as the exact amount of damages to COG from the Agency is determined. 24.1 Termination for Lack of Funds. In the event of prospective termination due to non-receipt of funds with which to carry out the provisions of this contract the COG may terminate this Contract by giving written notice to the Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, allI finished or unfinished documents and other materials as descrkbed in paragraph 15 above shall, at the option of the COG, its property (subject to full accessibility thereto by the Agency) and the Agency will be paid an amount -10- 64 which bears the same ratio to the total compensation as the services actually performed bear to the total services. Providedt however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination, the Agency shall be reimbursed (in addition to the above payment) for that portion lipf the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Agency during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall aply. 25.1 Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. IN WITNESS WHEREOF, the Agency and COG have executed this Agreement as of the day first above written.. • —11- a 5 fr AGENCY: BY: hfiin or Designated Official TRIANGLE 3 COUNCIL OF GOVERNMENTS: BY: Executi ve Di rector APPROVED AS TO LEGAL FORM: °Its instrumant has baen prer.:Itted in the mannn raqiire3 hy the Lec:i Gsscraztant EudgA Counsel, Triangle 3 Council of Governments Finance 01::icer af Or=gefeennty" 1 !4' • . 11' !. r , ORANM COUNTY DEPAPTMMT OF AGING and ,;. f, TRIANGLE J COUNCIL OF GOVERNMENTS CONTRACT FOR SOCIAL AND SENIOR CENTER SERVICES 1 THIS AGREEMENT, entered into as this 1 day I of :Flirty , 1983, by and between Orange County I Department on Aging , a unit of Orange County Government, (hereinafter referred to as the "Agency") and the Triangle J Council of Governments, (herein-after referred I to as "COG") . WITNESSETH THAT: WHEREAS, COG desires to engage the Agency to render certain locial services hereinafter described in connection with an Undertaking or project (hereinafter referred to as i the "Project") which is to be wholly or partially financed by a grarit from Administration on Aging through NC ._ Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency or Agencies") , said grant being (hereinafter referred to as the "Grant Contract" and identifi9ld as Contract for Social and Sen Ctr Svcs and WHE'kEAS, the Agency desires to render such services in connection with the Project: NOW THEREFORE, in consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2. Local Support. In accepting this contract providing for $ 63, 888_ of federal funds and 3,953 of __- state funds, the Agency agrees to provide not less than $ 22,923 of acceptable non-federal cash and $ 15,563 acceptable in-kind contributions. - 1 -2- 3. Scope of Services. Agency shall do, perform and carry ou: in a satisfactory and proper manner the work and services described in Attachment "A" (or as described in FY 84 Area Plan) which is attached hereto and made a part hereof. 4 . I Time of Performance. The services of the Agency are to c mmence no later than fifteen (15) days after the executiol of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A" . All services" required hereunder shall be completed on or before June 30J 1984 . I 5. Compensation and Method of Pa ment. The Agency shall bd compensated for the work and services to be performed under this contract as set forth in Attachment "B" which is I attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, if any, to be paid the Agency under this contract exceed the sum of 63 88B f-d-ra aid 53 • 3 • - vd . _ 6. Progress Payments. Unless otherwise provided in Attachment "B", the Agency shall be entitled to receive I progress payments on the following basis: As of the last I day of each calendar quarter during the existence of this contrac , the Agency shall submit to COG an invoice for payment based on the percentage of completion of the Project through the invoice period. Subject to COG'S right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a quarter and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which bears the same ratio 1 to the total compensation to be paid to the Agency under this contract as the work and services actually performed as of thelend of the invoice period bear to the total work and servic I s to be performed by the Agency under this contract, -3- less all previous progress payments made pursuant hereto. Upon completion of the work, including the receipt of any j'• final written submission of the Agency, COG shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, less the total of all previous payments made. Nothwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 7. Agency's Personnel. Agency represents that it has, or il1 secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of COG, nor shall such personnel have been employees of COG during any time within the twelve- ' month period immediately prior to the date of this contract, except with the express prior written consent of COG. Further, Agency agrees that no such personnel shall be involved in any way with the performance of this contract, without the express prior written approval of COG. B. Approval of Subcontracts. None of the work of services to be performed under this contract by the Agency shall be subcontracted without the prior written approval of COG. If such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. The Agency knowledges that if the work or services to be performed under this contract is financed solely or partially through 1 Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential a. 1 -4- subcontractors or adequate justification for sole source selection. The Agency agrees to abide by such regulations in its selection procedure. 9. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 10. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency) , in such form as may be specified by COG, outlining the work accomplished by 1 the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by such report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. 11. Inspections. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. Al]. reports, drawings, studies, 1 specifications, estimates, maps and computation prepared by 1 or for the Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumulated. Approval and acceptance of such material shall not relieve the Agency of 1 its professional obligation to correct, at its expense, any errors fond in the work. 12. ,Maintenance of Cost Records. The Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in the Project and shall make such material available at all .• -5- reasonabl times during the period of the contract, and for three years from the date of final payment under the contract, for inspecition by COG, the Concerned Funding Agency, and if the work Ind services to be performed under this contract is wholly or 'partially funded with Federal funds, the Comptroller General of the United States, or any of their duly authorized representaltives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with this Project. 13. Compliance with Requirements of the Concerned Funding Agena. The Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 14. Data to be furnished Agency. All information, • data, reports, records and maps which are existing, readily available and reasonably necessary, as determined by COG, for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency' s duties under this contract. 15. Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, speci- fications estimates, maps, computations and other data prepared ry or for it under the terms of this contract shall be delivered to, become and remain, the property of COG upon terminatiLm or completion of the work. Both COG and the Agency sh1.1 have the right to use same without restriction or limitation and without compensation to the other. For the purpo es of this contract, "data" includes writings, sound recprdings, or other graphic representations, and works of a similar nature. No reports, maps or other documents produced in whole or part under this contract shall be the -6- subject of an application for copyright by or on behalf o the Agency or its subcontractors. If the work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Agency. Information regarding these relevant regulations may be obtained upon written request to COG. If this contract provides for the development of systems analysis products, models, electronic data processing systems, software and related services, the methods , material, logic and systems developed under this contract shall be the property of COG, and may be used as COG sees I fit including the right to re-use and republish the same without limitation; but the same shall also be fully accessible for use by the Agency. 16. lIdentification of Documents. Al). reports, maps and other docUments completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle J COG" . The date (month and year) in which the document was prepared shall also be shown. 17. Interest of A.enc . The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlli g the Agency, or under common control with the Agency, n r their agents, employees or subcontractors, presentl has an interest, nor shall acquire an interest, . direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which 'would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract no person having any such interest shall be employed by the Agency contemplates 1 taking sOme action which may constitute a violation of 1 this paragraph, the Agency shall request in writing the I advice of COG, and if COG shall notify the Agency in writing I that the Agency's comtemplated action will not constitute a violation hereof, then the Agency shall be authorized to take such action without being in violation of this paragraph. 18. Interest of Members of COG and Others. No officer, member or employee of COG, and no public official or any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approial of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, parnership or association in which he is, directly or indirectly interested; nor shall any such officer, member oI employee of COG, or public official, of any local governmelt affected by the Project, have any interest, direct orl indirect, in this contract or the proceeds arising therefrom. 19. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share or part of this contract or to any benefits to arise herefrom. 20. Equal Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because of race, color, religion, sex, age, or national origin. The Agency sh 11 take affirmative action to insure that applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their racr, color, religion, sex, age, or national, origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Agency certifies that it presently has in effect such an affirmative action program which specifies goals and target dates to assure the implementati4 , - -8- in a conspicuous place available to employees and applicants for emplOyment, notices to be provided setting forth the provisions of this non-discrimination clause. The Agency will in all solicitations or advertisements for subcontractors - - — or employees placed by or on behalf of the Agency, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, age, or Inational origin. The Agency will cause the foregoing provisiOns to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding lupon each subcontractor provided that the foregoing provisions shall not apply to subcontracts for less than $10,000.1,00. (b) The Agency shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as COG or the Concerned Funding Agency may require. (c) The Agency agrees to comply with such rules, regulations or guidelines as COG or the Concerned Funding Agency may issue to implement the requirements of this paragraph. 21. Changes. COG may require changes in the work and services which the Agency is to perform hereunder. Such changesi including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in writtenlamendments to this contract. 11- 221 Assignabilit . The Agency shall not assign, sublet or transfer all or any portion of its interest in `.• this Agreement without the prior written approval by COG. 23, Termination of the Contract. If the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Agency shall violate any of the covenants, agreements, representations or stipulations of this contract, COG shall give the Agency written notice specifying such failure or violation, and giving the Agency I -9- - , written amendments to this contract. 23. Assignability. The Agency shall not assign, sublet or transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 24. Termination of the Contract. If the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Agency shall violate any of the covenants, agreements, representations or stipulations of this ontract, COG shall give the Agency written notice specifyirig such failure or violation, and giving the Agency a specified reasonable time, not less than fifteen ( 15) days, within which to cure or remedy such failure or violation. If within such specified period the Agency shall cure or remedy such failure or violation, or shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure or remedy the same or to take such steps as aforesaid, then thil contract shall be deemed to have terminated effective at the end of the period of such notice. In the event of such termination, all finished or unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensaiion for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of liability to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the Purpose of set-off for damages caused by the Agency 's breach, until such time as the exact amount of damages to COG from the Agency is determined. " - -10- 25. Termination for Lack of Funds. In the event of prospective termination due to non-receipt of funds with which to carry out the provisions of this contract the COG may terminate this Contract by giving written notice to the Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, all finished or unfinished documents and other materials as described in paragraph 15 above shall, at the option of the COG, become its property (subject to full accessibility thereto by the Agency) and the Agency will be paid an amount which beacs the same ratio to the total compensation as the services actually performed bear to the total services. Provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effec ive date of such termination, the Agency shall be reimburse (in addition to the above payment) for that portion 0. the actual out-of-pocket expenses (not otherwise reimburse1 under this Contract) incurred by the Agency during the Contract, period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 26. .Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. IN WITNESS WHEREOF, the Agency and COG have executed this Agreement as of the day first above written. -11- 1 `1. I. AGENCY: BY: 4 Chairman or •esigna e• Official TRIANGLE Y COUNCIL OF GOVERNMENTS: BY: Executive Director APPROVED AS TO LEGAL FORMAI- 0,41 Counsel, Triangle LI Council of Governments CONTRACT ATTACHMENT A •` 1 EXPEDI1 -6(t) Grantee County ORANGE Pertocl Covered 7111103 to 6/30/Ult Date Prepared 4/1/83 SUPPORTIVE SERVICES PROVIDED By CONTRACTORS BY A SINGLE COUNTY CONTRACT Services 1liR Outreach Transp. WWI Chore Senior TOTAL 110111, Loet$ 2. 11 fi00 2 35.7 1 448 1-02 7 1 �0 027 Lee$ 11 ro ram Income Q QOO 1 ZQO 200 I.,. QW 3 700 Net Cost" 9 b00 3 7 1Z 3 4Q 64 106 327 n 7t ' Federal Funtle l stchlnR Funds s 6o % _63,888 State Caeb Locat Ctselt 3.353 �� 7 Lcac11t ,n-Klnd __I 2,- 923 15,563~ Program Income _ 7 Tot aI R nn ? 10 ,327 11-16-fl2 r A c PtMNING AND SwR:'tCE AREA Orange County ,;t.#c.'lf-t. Information and itefe rat FY 04 i id-1 t t t.+ CUNTRAt_Tuu Department on Aging . Idr11 t t E v r ' VETAiLLD SOCIAL SEPVIDES.DVfJGET title III Funds hvn-federal mitchtna funds Budget Category Requested Caste 1-1-gtnd Total Budget I. Personnel (`lame G tttle)! # + S � r Passe#ore, J.-Ex. Dir. (0hrs)-72-5B* 4,947 _ -Uhl-1-�J AN:5enj yr-Ctr;D1 r— Shrs 5i=i - t - - 2 ,gQ9 ' I&ft Special i st(new) (I.6tars) 63-0 5,016,. .Y Fringe Bent fIts e�e'tcjth .j.emInen er r F I ,508 2. Travel (itemize): Sys (104 mi/me x 12 x persons x 22¢ %r ' ; 480 1335 = f /ro x 2 persons . .145 - trainin 3. Lqutpn -*t 1 Itemize).- M Telep t7ne '" • ,irRs�• e`� f Ansaphone *$300 ' +-t .•;�- +i �+c ..t ; { x .�• *Gal cul ator 1 :8 �t, _:• 4vt� Other ItemAr, n- n " ' �' ,;►.t` 3 ,645 31.645 1 Telephone (In-Kind) Postage {faoe7++ ft244,xtxsoi}*Ifne[ -fei* " •• +� s Ik` J 2 ,200 ,y I'r a * •r ' ,r te 2-,100!' Supplies (Books ,etc. � �z » w,, 400 Dues/Subscriptions �trk " ,� �" ,.��.'` w , ' t 200 t � tr'ect 7.7 st - j�• � 2 _*1,13_ - ;�.. • ,. �, t. _ i_... 23,1]-3=> u. Lo t ti r•r.,` *1naicates r ` 304 Donations use above L3000 i `�♦ r't rn41 S $ 3000 St 8,076 . 10092 Cash 3,645 t 22;$13' ir. 'f tC r•'tt.f i;» ry( -r+r]r+l'1#t and •• s ate- 11, S1 stn 1VOUO (nrnl s:aa#� L.•{ ,i ln-tCtn�t f roIert, inc•+^ [ntII u r i v L FY all tixt Srr*,jCr ARFA Orange Couh!x !Il.t!:�{'.!. Outreach Flt- 0 - t lds tt11• : i;ti,ITltAU031 Orange Cqunty Department on Aging . �t14•nC�tY/ WAILED SOCIAL SEPy1r.ES tnt'i tr Title III runde Nan-federal Mitching. Funds budget Category Requested Cash InAtnd Total Duftet 1• Personnel (Name b TM _ _ T'ringe Beneftte m ` Z. Travel (Itemize ! Volunteers � Y r �, 'aft DoA Staff r ' J fE 306 y 30 tqulprielt t itemize •' i 1;+w e4t:�!' sy q�. rttr: tr, Utlset Itetri rr)1 Tel e p h o n e Office supplies{trainning material s, j,}�,, . •, ., i�;'�.{, �. y�ry�7 badges , etc) �. , • �• tf N1t! �Z� ...�� 300 Printing(grochures,.door keys)vu .' ' ARM IF. ' r. 1, -•• ' ;" ' � _ � ..t.�r, ' wt�,• .'C.•s• �1. .''.�* �, .rt, '• ' „ _ __ $193 _. . • 1 . ttzs �._—------� .. r i .,. . •; y 600 t4. l.n4tS I t*•f�it 1+1t'r•try � s 0 t -7 47 R J 5 -0- f S :,• °600 A•.i , '1,^n_f i•t1*rts I ' 11 ft !t_ St ,! •• L,ir.tl t-tnIt U,••n1 1st-KInd 14'11 let t I'll » pi.A,YN ING A.`C 5- FY 84 � ..l'i"It:E A.gEA . orange �t3UIIt.. :+l_l'.�'i' !, �l,.��portat ,l?lL..... tY 84 Y t Idvnt i f . t: PTHM:TOR Department on Aging ldent i iv. DETAILIB SOCIAL SERVICtS DVOGET Tole III Funds San-Frdural Itttchln l'unda t Budget Categarr Requested Gaels InAInd Total Budget I I. FersonneI !tame t; TIM)l iL y' ' il` 5 • 5 ' Ex. Director -_.-Wo-r-k Study S-tud-en-t--(Trans-pvrt-a-ti-o-n Analyst) 607 ($4 .50/hr, x 15 hrs x 45 Wks x 20%) � • , . Oa em , river $3.35/hr. x 52hr .x `. 706- Fringe tlenetit* 2. Trove! Otemireh Y � Title V Workers , Volunteers and r , DoA Staff , ' ). Lqui pne�t i Itemi re � � . +.+ ,..� '.:. ' . ,,,,,. •, �� 700 ! • a lrl 4, or het ltemlte ' supp eg r' ` tr. � ;},<- "VIM a 1 Qt? t New Vehicle SuppueeMpRar 8 i `' "+' .• _ _ Co. Motor Pool (addfit ips* ,,. ' 2000*) 20,475 } Rent (In-Kihd) , . +: ;" ': *+ ' I728 1,7211 Bus passes(Chapel Hill i'ransl / t Sys r�i: ,`fit.,.. •. ,. ,,:�", ,.��► .;-k, �s r q-- Zr OQQ. •; ''* _ - < , $. Lrss I rnlett I9rntrn (01nalcat t?s Cl ;Q- .:#a donations use above �. uFt C•sst< �' -1,5;780." - g 8,8 9 $ 1,728 s26-i357 l�'.. Prirci-ht;:t;*• •,! 1`t•�l.•rnl itrr'. ' It .t 1t- LncTl +:amlt U al In-Kind inv<• __� ��,v�ritrr, etc ScF:t�: A.REA Or a Count Y fir, 8 4 st.t'.:'i r.l: 1" t Writ i tt•.• • . c:tUTRAU014Department on Aging Identify, . DETAILED Svj;IAL SF.RV ICES €UDGET Budget CAteRvey title !II rands Non-rederal i4ttchln funds RequPsted Cash in-Find Total Budget 1. Personnel (11arne 6 tote ; Turner, Adee (32hrs) Coordinator f � � {,a � � S s F 8,596 j r ' t'rin ea th Ins. �♦ • ge Rtneltf,s g seven t ...-.�_ . -., t G 2. travel itemize " •1 ,476 PYA tI Coo � i es [MMMIMs PXXZ 4j 536 (Donations )f/A,,,, ' C4 iPr 1 Ut!€er E ttesr.ize t "'�„ T� � 7•yl{ tr:�' i � :ate ant (In-•Kind - "'• t , � .€4' ;,y: ' ..•tit•Tt,t relephpne (In}Kinds g' ft. x $5 -►, !�. I,50E1 I,600 OfficeeSupplies stamps} }�r��br ���T►� , ��,j��, ' ' 40' i '- KA. . t RW a. CAN 1..•E� 3 testh� t 1•€rnr.•r• * `}}S•. t ;} rr > i i In Cates C 1 200* 1U•#476: $ -272 St. 1500• 1 5 12,248 ,• � 1'rrr •�t.€,;r+ .rr 1•h.t..►nl ,€:+t: ; Sr zi�• - Lnral t.nth L€.rsjl to-Rind € rnlhrt in:°.••r••, PLANNING IM, S-M ICE AREA Oratlge CoUnty FY 811 tY84' :. .:ti{.t. Ctlore-it�lndiilelner i =i.F7 � , i i iden1-i[ '� GUNTRAU011 Department on /aging ItETAMED SDCiAL SERviCEs BUDGET ie?eni!ty; t Budget Category Title III rundd Noll-Federal Hatchin Fends i i' Requested Caste !sr»t;lnri Tot budget 1. ersonnrl (`lame � Tote u+ Rolandy , E. (8 hrs) N. Sen. •2J a ! r{ �. .t{ 2,522 r trip a DenefIts � health Inc.117 - r. eti ement 160 , Z• frevet t1temizey, Title V Werner/Volunteer Y '. (150 mi/mo x 12x22 } 3• Equipment iItemiz e 3 5 Gas Weed Eater • uther� Itemize)t fi.• � `33. tf� �rxAe ' applies (repairinAterialsjtools !'� Telephone (in-Kind) r b :l:1l wlf 300 r ' Co',-: .e'!t c� �., - s[ -Jr�'1�. M '�.•t'' i�i, t-!�•s.a11'•'�r — ---^,,�� j;3 f..i•.'1k !C,a�'n.t�C�,s�t,*• �K•.1 `Re � t � .._.�...._. ..__ _ _ • .. i-�-:I r• �1 '.I/1` ae� •.��..�..._..._ qtr, ,'.� },.�. 1 ,., ;;` .tt,t�`f '`�:.1': .•r `.', •'•!{r } !•a.�� '7 [� �1• ir's!! s'[etjeci lcrre^a '•} ' .. . , •;„ �» ' ` . `• 3,862 fcates dvnaans- use above s , 200 2,762 3j662 els Nn� Cvat s $ i fG. Percentaw., ',f t"r.te•rnl nhd ; �' stale Gncnl t:e9te i.ncnl in-r4inct €'rc?irrl. inrti�n:r A-4-%'ING A.tip SEMCE AREA orange County 4t�.ic:#��.f. Senior center ilperatFY�81, ♦ - 04 t id,•nt i ly, t:ONVINJOR Orin ee Cottiit.y arttitent on Aging t IdentI Iy, t►tiA ILED SOCIAL Si:i'.•d ICES BUDGET Budget iii Funds Non-Federal hitch," Funds vdget Caitgory :Se vested C08111 in-Rind Tutnt Budget £i. Persoflflet tS<�#ne G IiLte ;assmore, J. (Ohrs)-Ex. Dir. (72-513)* 'Diana, E. (32hrs)-N Prog_l�1r. (61-2 _ ,.� ,. _ 4,244 32 rs)-��prog. Dir. (61-1 ) c; s 01090 8,841 aerit 5% (2 positions*) aq 4� f fringe benefits llealtb Ins. 1051 tern--26 lletirement j562 ' 4 ;182 7. 7ravei (itemize); -- • ♦ �' Q rni/mox12x2 personsx220) $264 •- s"• Canf. overnight-$60 per .day x 3 ; ay K2_:P_ej:sAD4j 3. ER xL i te#ntz : �R Co '• • #` �" '�f•',#t tx , 3 R0*! 5ix3�° i1500 I ,Carpe00tJ►r*;+ f`est t'kin�� �lrtj' c ou n t e r�1 D Cab n e 5 . ' ''r"" �' '' �'+T�`Sri y #, 4.,680 } U0, ca inets meeting rai. 7011* ''"� t;ft t •,�;1.'. r•�l",j Otber ( Itemize) :Other Equip.1 ,goo �. �.it �,�•� �`'�!+�'��� .. ! rnt-Senior Ctr ($5000 +2,700) '` In-Kind +� . I. � " ' " 'uf • s;6g ♦ ' •►�i 'Y;ij(u• ',• -F ^ytj '�ttw'i1f t.. .ii) ' • � I fir. .f ' e• # 1 �'iT fr..i. s .. 1 p. ,r . '���•. 'sir. t ;, {• _ # '• •y • '~ 41 ,647 ' 4 Nnc rry4t� *Indicates donations s S 1 .500 St. 26047 4,010•_.LGC9T ; $690 t S 40,647 F'erre•t(;r#:n .,r Fr.l♦•rTl n^si NTID t t t n 1 r•r 1 i+t. .•�•,. :::i F7 ''''''''' :;ff f?, b TRIANGLE J COUNCIL OF GOVERNMENTS , 0 A ,1",, 100 PARK DRIVE P0..BOX 12276 RESEARCH TRIANGLE PARK,N C 27709 (919)549.0551 4 :;, "I %., ''.4,''-- 1 . ,., September ber 30, 1983 ot .., . Marorandum I.! tt.,.' To: Jezzy,Passmore and Ken Thompson - r. Fran: David MoSer, Director of Aging Uhit_- Ir.! Be: Revisionl of Title III Contract Amounts for Local Cash and In-Kind , l'. 4, -0 I The attached page one of the Contract for Social and Senior Center Services under ...f. m Title III-B of the Older Americans Act has been amended to reflect $22,923 local j 1„,. % cash and $15, 63 local in-kind contributions. These changes were accepted by -.- , t the COG ExecutiVe Committee at its September 14 session for adoption by the Si ..1 , If full COG Board at its next business meeting. 1 ... ! 4 f :-.1. -,j 1,. L*, i 1 v.; ,., Ai I. 77 ; f ...4. ..., '* .i i.4 ..x. 4... ,,,i, L.4 x i I , , .."- "4 -..1' APEX • BENSON • BROADWAY • CARRBORO • CARY • CHAPEL. HILL i i, CLAYTON • DURHAM • FOUR. OAKS • FUQUAY-VARINA • GARNER S.. GOLOSTON • HILLSBOROUGH • HOLLY SPRINGS • KENL Y • KNIGHTDALE .i.1 MICRO • M ORRISVILLE • PINE LEVEL • PITISBoR0 • PRINCETON RALEIGH 111 RCH.ESV1LLE • SANFORD • SELMA • SILER CITY //''''' : ' SMITHFIELD • WAKE FOREST • WENDELL • ZEBULON le / \ ., CHATHAM COUNTY • DURHAM COUNTY • JOHNSTON COUNTY I-, LEE COUNTY • ORANGE COUNTY • WAKE COUNTY * \_fi 4 ' 1 ORANGE COUNTY � BOARD OF COMMISSIONERS � ! ACTION AGENDA ITEM ABSTRACT ITEM *O.C7" /'� ` | MEETING DATE December 5, 1983 -. --_''--- Data Processing Agreement with Orange County Board of Edu - n 1 DEPARTMENT: CountOanager PUBLIC HEARING: YES X HO "''"^'"~'' ~_ Manager's Office PHONE-NUMBERS: �- 732-8181 � HILLSBOROUGH - 732-9351 ' ' ' ' CHAPEL HILL - 967-9251 MEDANE - 227-2031 • DURHAM - 688-7331 . To consider approving an amended agreement for providing automated student PURPOSE: recnrds . ^ | . i NEED: A UP Agreement approved by the Board of Commissioners' September 6, 1983, was subsequently altered by the Board of Education before returning it for County to Board of Education. Since it would have been contrary to policy &software developed by the County DP Department yet paid for by practice to relinquish or share ownership rights, the Manager and Superintendent jointly reached alternative terms to propose to each Board for approval. The terms include: 1. 1 County ownership of software. 2. \ Board of Education to own the terminals and printers it / purchases together with bearing the cost of repair,mainte- nance and replacement. 3' 1 It is not at this time anticipated that the County will market the software. However, in the event of Such sale or sales in the future, the proceeds received would first be used to pay back the Board of Education for the cost charged it fucsuftwacedevelopnent. . . All other terns in the agreement earlier approved remain the same. The Board of Education approved the agreement with the amended terms at its November, 21 , 1983 meeting. ' IMPACT: Revenues to be received include $3,000 for initial software development, $20 p for any additional programming, ,5O8 per ,year for operating the programs and $2,795 to purchase needed equipment. | ` � | ' ^ RECOMMENDATION(S): Approve amended agreement. ^ | . _ - . - _ . , - - NORTH CAROLINA it 1 ORANGE COUNTY i - , AGREEMENT THIS AGREEMENT is entered into this day oiCh.e c_rzt,A19e,e, 1983 by and between the Orange County School Board ("the Board")-1--df body corporate, and Orange County, a body politic and corporate ("the County") . WHERENS, the County presently operates and maintains a compute 1 center serving various county departments and agencies and wishes t , 1-' make its computer operations and services available to the Board; a d 1 WHERES, the Board desires to purchase certain necessary com- puter servilces from the County; NOW THEREFORE, in consideration of the premises and the mutua promises set forth below, the parties agree that, for a fixed annu fee, the County shall provide 24-hour, 7.-day--a-week computer serviqes to the Board, including equipment, hardware and software programs along with irequired communications linkage, using two(2) central p - cessing 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; CJ 4 short haul modems; together with any necessary cables or other equipment necessary to make the computer system operational. 2. Ownership of equipment purchased pursuant to this agreement shall rest'with the Board. 3. The County shall provide all equipment maintenance at the same levellas that provided for the other users of the Orange County Data Processing Center. The Board shall be responsible for the cost of repair and maintenance and shall bear the cost of replacing any equipment damaged by the Board's negligence or abusive use of equi / ment. I 1 I 4. The County shall not be liable for damages incurred by th Board caused by interruption and/or delay of services. However, t e County shall do all things reasonably necessary to bring the servi e up to the required level as soon as possible after identification f the problem causing the interruption and/or delay. 5. The County shall provide the same "software" maintenance services as currently provided other users of the Orange County Data Processing' Center, together with any improvements or additional ser- vices which may later be added for any other user. - -. • \ 1 . , S . 1 _ ! , ;,- t., li 6. The County shall develop, program, install and test the 68 required software to process student records of the Board as out- lined in the attached document entitled "ORANGE COUNTY STUDENT RECORDS". The Board will furnish the County with a magnetic tape of scheduled students which will become the input to the STUDENT RECORDS SYSTEM. The County agrees to provide disc capacity for all students records, grades six through twelve. Info... •11 wi be recorded on the County system but will be acces and maintain-d by the Board's staff through a terminal located-- t the Board's cen tral office. The County will bill the Board-for the actual cost o. developinglthis software system but this cost shall not exceed $3,000. Programming additional to that necessary for the develop- ment of this software system will be charged to the Board at a rat- of $20 pert hour. The hourly charge may be adjusted at the end of each year f the agreement to reflect increases in cost. This ad- justment m y not exceed 5% per year. 7. Any programs developed and owned by the County as describ-d in Paragraph 6 above may be sold by the County. In the event of s eh sale the proceeds received shall first be used to pay back the 130.t d of Educatibn for the cost charged it for software development. T :s cost paid hall not exceed $3,000. 8. The County shall provide required operator training for --ch program to be used by the Board. Such operator training shall be available hs required by the Board for the life of this agreement at no additional cost to the Board. 9. The County agrees that its staff understands the data on any , student is privileged and understands that this information is pr.- tected by the Family Educational Rights and Privacy Act, and is, therefore,1 privileged information to be kept confidential at all ..imes. The County; will exercise its best efforts to ensure the confident'ality of these records at all times. The County will not, nor will it .-rmit or allow users other than the Board to access, view, review disclise or provid such records to any person or entity, including the Co nty, except as pay be necessary by the County in the performance of se.vices pursuant to this agreement. 10. Tpe County shall provide necessary communication linkage between the Board's Central Office and the Orange County Data Pro cessing Center. 11. The County shall provide all installation and have all e' ip- ment and Software programs operational with the operator training complete by rciorKbarclIGITet-/ . In the event the system is not fu c- ° tional by the abov d7 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. 12. Subsequent to initial installation, the County shall pro ide the Board with the same level of service as other users of the Or.nge County Data Processing Center, including priority usage equal to • at of other users. 13. The County shall provide a security system as a pareof • the softwa7 programming that will permit the Board to restrict and assign user accessibility. 14. The County shall provide the same data security retention of data for the Board as currently provided other users of the system, including daily "back-up" and tier routine • security storage, together with any improvements, additions which may hater be added for any user. 15. The Board shall make an annual payment to the County in the amount of five thousand dollars ($2,500 per port) for the operation of the system for each fiscal year Of this agreement beginning vhIlith the fiscal year starting July 1, 1984. In addition, the Board titian, within thirty days of the execution of this agree ment pay to the County the annual payment for fiscal year 1984 in the amount of the actual cost of providing and installing the equi. • ment described in section one, but not to exceed $2,795.00. Annua payments thereafter shall be made on July 1, 1984 and July 1, 1985. 16. This agreement shall begin on the date first above writte and shall end June 30, 1986. ORANGE COUNTY BOARD OF EDUCATION ORANGE COUNTY KEb :onpx, C- ' RICHARD E. WHITTED, CHAIRMAN ORANGE COUNTY BOARD OF ' I COMMISSIONERS Attest: -', Attest: eleAt ( R.. Lunafo- d, Beverly'Blythe, Clerk to th-., Seer tary Orange County Commissioners • • _ • 7 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. Cr-/C MEETING DATE December 5, 1983 SUBJECT: Lease Agreement Renewal With Cedar Crave Day Care Center —— IMPARTMENT:Purchaising & Central Services PUBLIC HEARING: YES x NO ATTACHMENT(S): INFORMATION CONTACT: Mark H. Rees Lease Agreement Renewal PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 ext. 498 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 65B-7331 PURPOSE: To conei er entering into a one year lease agreement renewal with the Cedar Grave Day Care Center for 2,100 sq. ft. of space at the Cedar Crave Multipurpose Center. NEED: To continue Orange County's policy of requiring written agreements with tenants using Coiinty space. IMPACT: While rent is not charged, the Day Care Center will pay for utilities based or a proration of square footage used. RECOMMENDATION(S): Approve 1 ase agreement renewal. 71 LEASE AGREEMENT RENEWAL NORTH CAROLINA ORANGE COUNTY WHEREAS, Allease agreement was made and entered into as of the 1st day of October, 1982 by and between Orange. County, LESSOR and Cedar Grove Day Care Center, TENANT, for space to be used as a day care center at the Cedar Grove Multipurpose Center, N. C. HWY 86, and said lease agreement was subsequently amended on the 3rd day of June, 1983 through mutual consent of the LESSOR and the TENANT. WHEREAS, The LESSOR and the TENANT wish to renew the lease agreement as amended. NOW THEREF6RE, LESSOR and TENANT mutually agree to the following: • (1) The lase agreement as amended will be continued for a period of one year commending on October 1, 1983 and ending at 12:00 midnight on the 30th day of September, 1984. (2) All other terms and conditions will remain the same. This agreed to, It he day of 1983. 1 LESSOR: Orange County 1 BY: - Richard E. Whitted, Chairman, Orange County Board of Commissioner ATTEST: 1 31 TENANT: 74.. rk —rvicA7 1— Cedar Grove Day Care)Center • . _ r.= ORANGE COUNTY 72 BOARD OF COMMISSIONERS ACTION AGENDA r' t, ACTION AGENDA ITEM ABSTRACT ITEM NO.6r-y ';- MEETING DATE December 5, 1983 __ SUBJECT: Lease Agreements for Employment Security Commission office space at the !- Chapel Hill Housing Authority ,1 1 ------------ -- - DEPARTMENT:PurchaSing 6 Central Services] PUBLIC HEARING: YES X NO ] , --- -------- ; ATTACH .MENT(S): 1 INFORMATION CONTACT: Hark H. Rees I) Lease Agreement, Orange County and Chapel Hill Housing Authority PHONE NUMBERS: HILLSBOROUGH - 732-8181 2) Sublease Agreement, Orange County HILLSBOROUGH - 732-9361 i and Employment Security Commission ext 498 CHAPEL HILL - 967-9251 : I MEBANE - 227-2031 DURHAM - 688-7331 i PURPOSE: To consider entering into a three year lease agreement with the Chapel Hill Housing Authority for 1672 sq. ft. of space in their Chapel Hill office building and than to enter into an agreement subletting that space for three years tolthe Employment Security Commission of North Carolina for one of their field offices. ; I 1 1!.. NEED: The provision of office space for the Employment Security Commission is ' ,.: one of their requirements for the location of a field office in Orange County This field office will assist Orange County citizens in employment related t t areas. i ' , Ir; t IMPACT: Therentbeing charged to Orange County by the Chapel Hill Housing Authority is $1,114.00 per month which includes utilities and janitorial services. The Employment Security Commission will contribute $416.66 toward these rent payments. The remaining $697.34 per month will be paid by Orange County. This money has not been budgeted and it will be necessary at some future date to amend the budget to reflect the additional rent expense. " , L ; RECOMMENDATION(S): Enter into lease and sub lease agreements - . _ --- - 7_. j 73 LEASE This [lease Agreement, dated this day of - , 1983, by and between the Chapel Hill Housing Authority, hereinafter called the Autho ity, and the County of Orange, hereinafter called the County. WITNESSETH: The Authority hereby leases to the County and the County hereby leases fro the Authorilty, the following described property, sometimes hereinafter referred to as the leased premises, to-wit: Space in the amount of approximately 1,672 square feet, to be located on t e first floor,of the building known as the Chapel Hill Housing Authority Administ a- tion Building, with an address of 317 Caldwell Street Extension, Chapel Hill, N rth Carolina 27514; 1. TERM: The County to have and to hold above described premises for a term of three (3) years, commencing on or about , 1983, and terminating on — , 1986, on the terms and condi- tions as set forth herein. 2. USE AND POSSESSION: It is understood that the leased premises are to be occupied solely by the Employment Security Commission for general office purposes, The County to accept possession of said leased premises within ten (10) days of�l , 1983. The County, at the expiration of the term, shall deliver up the leased premises in good repair and condition, damages beyond the control of the County, reasonable use, ordinary decay, wear, and tear excepted. 3. RENT: The County hereby covenants and agrees to pay to the Authority, in advance, rent in the amount of $1,114,00 per month (except that the first payment shall, be due upon occupancy and shall be prorated if occupancy occurs after 1 , 1983) on the first day of each and every month. The Authority agrees that all utilities associated with normal office operations, including electricity, water, sewer, and janitorial service, as normally pro- 1 vided in other commercial buildings, shall be included in the rent. Rent 1 shall be paidjto the Authority, at such location as is designated in writing, 4. NOTICES: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, ad- dressed to the County or the Authority at their respective principal office addresses, aslset forth herein. 1 i � �� ' " .� 5. ORDINANCES AND REGULATIONS: The County hereby covenants and agrees to comply with all the rules and regulations of the Board of Fire Underwriters, Officers, or Boards of the Town, County, or State having jurisdiction over the leased premises, and with all ordinances and regulations or governmental author- ities wherein the leased premises are located, at the County's sole cost and per- tain to the manner in which the County shall use the leased premises; the obligations ;to comply in every other case, and also cases where such rules, regulations,1 and ordinances require repairs, alterations, changes or additions 0 thebuilding (including leased premises) or building equipment, or any part of either, being hereby expressly assumed by the Authority, and the Authority covand agrees promptly and duly to comply with all such rules, reVm/a- t1ons, and ordinances with which the County has not herein expressly agreed to comply. 6. SIGNS: The County shall not place any signs or other advertising matter or material on the exterior or on the interior, where possible to be seen from the exterior, of the leased premises or of the building in which the leased premises are located, without the prior consent of the Authority, Any lettering or signs placed on the interior of said building shall be for direction or identification purposes only, and such signs and lettering shall be of a type,1 kind, character, and description which are compatible with interior uffi es' | � 7. SERVICES: The Authority covenants and agrees to furnish the leased premises with electricity suitable for the intended use as general office space, including fluorescent tube and ballast ' ing for the comfortable use and occupancy of the leased premises, janitorial service and trash removal from leased premises, plus furnishing, supplying and maintaining building common areas and restroom facilities, including hot and cold water and sewage disposal in the building in which the leased premises are located, at the Authority's expense. If the County shall require electrical current or install electrical equip- ment, including but not limited to electrical heating equipirent, refrigeration equipment, electronic data processing machines, punch card machines, or machines or equipment using current in excess of 110 volts which will in any way increase the amount of electricity usually furnished for use as general office space, the County will provide for the required service, including any installation cost thereof. 1 i | -2- 7 • i /5 8. ALTERATIONS: The County, by occupancy hereunder, accepts the leased premises as being in good repair and condition. The County shall maintain lease' premises and every part thereof in good repair and condition, damage thereto by fire, windstorm, Acts of Nature, or the elements excepted. The County shall not make, or suffer to be made, any alterations, additions or improvements to or of the leased premises or any part thereof, without prior consent of the Authority, which consent the Authority covenants and agrees shall not be unreasonably with- , held. In the event the Authority consents to the proposed alterations, addition , or improvements, the same shall be at the County's sole cost and expense, and th• County shalllhold the Authority harmless on account of the cost thereof. Any s,- such alterations shall be made at such time and in such manner as not to unreaso - ably interfere with the occupation, use and enjoyment of the remainder of the building by the other tenants thereof. If required by the Authority, such alter.- i= tions shall be removed by the County upon the termination or sooner expiration o' the term of this Lease and the County shall repair damage to the premises caused by such removal, all at the County's sole cost and expense. 9. QUIIET ENJOYMENT: The Authority covenants and agrees that the County, on paying said monthly rent and performing the covenants herein, shall and may peaceably and quietly hold and enjoy the said leased premises and common areas, fi including but not limited to parking areas, sidewalks, entrances, exits, lobbies, and restrooms1 for the term aforesaid. 10. LES OR'S RIGHT TO INSPECT AND DISPLAY: The Authority shall have the right, at reasonable times during the term of said Lease, to enter the leased premises for the purpose of examining or inspecting same and of making such repairs or alterations therein as the Authority shall deem necessary. The Authority shall also have the right to enter the leased premises at all reason- able hours for the purpose of displaying said premises to prospective tenants within ninety (90) days prior to the termination of this Lease. 11, DESTRUCTION OF PREMISES: I (a) If the leased premises are totally destroyed by fire or other casualties, both the Authority and the County shall have the option of terminating this Lease or any renewal thereof, upon giving written notice at any time within thirty (30) days from the date of such destruction, and if the Lease ble so terminated, all rent shall cease as of the date of such destruction and any prepaid rent shall be refunded. (b) If such leased premises are partially damaged by fire or other casualty, or totally destroyed thereby and neither party elects to terminate t I -3- rl 7b this Lease within the provisions of paragraph (a) above or (c) below, then the Authority agrees, at the Authority's sole cost and expense, to restore the leased premises toga kind and quality substantially similar to that immediately prior to such destruction or damage. Said restoration shall be commenced within a reason- able time an•d completed without delay on the part of the Authority and in any • event shall 'Ebe accomplished within one hundred eighty (180) days from the date • • of the fire or other casualty. In such cases, all rents paid in advance shall be proportioned as of the date of damage or destruction and all rent thereafter • accruing shall be equitably and proportionately suspended and adjusted according q.` to the nature and extent of the destruction or damage, pending completion of re- building, restoration or repair, except that in the event the destruction or damage is so extensive as to make it unfeasible for the County to conduct • business on the leased premises, the rents shall be completely abated until the leased premises are restored by the Authority or until the County resumes use and occupancy of the leased premises, whichever shall first occur. The 1 Authority shall not be liable for any inconvenience or interruption of business of the County occasioned by fire or other casualty. (c) If the Authority undertakes to restore, repair, or rebuild the premises and such restoration, rebuilding, or repair is not accomplished within one hundred eighty (180): days, and such failure does not result from causes beyond the contr 1 of the Authority, the County shall have the right to terminate this Lease by • written notice to the Authority within thirty (30) days after expiration of said • one hundred eighty (180) day period. (d) The Authority shall not be liable to carry fire, casualty or extended damage insurance on the person or property of the tenant in occupancy, or any person or property which may now or hereafter be placed in the leased premises; however, the Authority shall carry fire, casualty and extended damage insurance on the leased premises in the manner and to the extent required by the Depart- ment of Housing and Urban Development. 12.. ASSIGNMENT AND SUBLEASE: The County covenants and agrees not to en- cumber or assign this Lease or sublet all or any part of the leased premises without the Written consent of the Authority. Such assignment shall in no way relieve the County from any obligations hereunder for the payment of rents or the performance of the conditions, covenants and provisions of this Lease. 13. INDEMNIFICATION: The Authority shall not be liable for any damage or injury to any person or property whether it be the person or property of the County, its employees, agents, guests, invitees or otherwise by reason of the • County's occupancy of the leased premises or because of fire, flood, windstorm, W4 Acts of Nature or for any other reason. The County agrees to indemnify and save harmless the Authority from and against any and all loss, damage, claim, demand, liability of expense by reason of damage to person or property which may arise or be claimed to have arisen as a result of the occupancy or use of said leased premises byIthe County or by reason thereof or in connection therewith, or in any way arising on account of any injury or damage caused to any person or property onor in the leased premises providing, however, that the County shall not indemnify as to the loss or damage due to fault of the Authority. 14. CONSTRUCTION OF LANGUAGE: The terms lease, lease agreement or agree- ment shall be inclusive of each other, also to include renewals, extensions, >'- or modifications of the Lease. Words of any gender used in this Lease shall y be held to include any other gender, and words in the singular shall be held M1g � to include the plural and the plural to include the singular, when the use requires. The paragraph headings and titles are not a part of this Lease and shall have no effect upon the construction or interpretation of any part thereof. 15. NON-WAIVER: No waiver of any covenant or condition of this Lease by either party', shall be deemed to imply or constitute a further waiver of the same covenant or condition or any other covenant or condition of this Lease. 16. NON-APPROPRIATION OF FUNDS: The parties to this Lease agree and understand that the payment of rent specified in this Lease Agreement for the term se ti forth herein, or any extension or renewal thereof, is dependent upon and subject to the appropriation, allocation or availability of funds for this purpose to the Employment Security Commission for payment of rent, and this Lease shall automatically terminate upon depletion of such funds. 17. AUTOMATIC RENEWAL: This Lease shall stand renewed for successive additional terms of one (1) year unless either party shall, not less than ninety (90) days prior to the end of the term hereof, or not less than ninety (90) days prior to the end of any renewal term, by written notice to the other , party, terminate the same. Failure of either of the parties to serve such written notice of termination on the other party shall extend the term for rfA. an additional period of one (1) year and obligate both the County and the • Authority toiall the terms and conditions hereof for such renewal term. 18. WINDOW COVERINGS: No curtains or other window covering shall be furnished bylthe Authority; however, the County may install curtains or other suitable window coverings in the space leased to the County and all ' . . ��� such windowicoverings shall remain the sole property of the County and all attachment hardware shall become the property of the Authority. IN WITNESS EOr, the County and the Authority have caused this instrument to be executed as of the date first above written, by their respective officers or parties thereunto duly authorized. The Chapel Hill Housing Authority , | Attest: , — ' "x:_ L. Judson Barrett mvr -- 5ec,etory Chairman, Board of Commissioners (S EM]) | County of Orange . Attcst: . 1 Kenneth Thompson / County Manager (SEAL) Approved as to Form; I 'Michael N. Patrick, Attorney Chapel Hill Housing Authority / -,' ' ~�~� . ,,SUATE OF NORTH CAROLINA COUNTY OF ORANGE SUBLEASE AGREEMENT THIS SUMEASEAOMENENT, made and entered into this the day of 19 , by and between Orange County, Chapel H111 or Hillsborough, North Carolina, hereinafter designated as Lessor, and the STATE OF NORTH CAROLINA, (Employment Security Commission) hereinafter designated as Lessee, WITNESSET H: THAT WHEREAS, authority to approve and execute this sublease agreement was delegated to the Department of Administration by resolution adopted by the Governor and Council of State on the 1st day of SepteMber, 1981; and WHEREAS, the Lessor has entered into a lease agreement with the owner of a building located at 317 Caldwell Street Extension, Chapel Hill, North Carolina, known as the Chapel Hill Housing Authority Building; and WHEREAS, the parties hereto have =tally agreed to the terms of this sublease agreement as hereinafter set out, NOW THEREFORE, in consideration of the rental hereinafter agreed to be paid and the terms and conditions hereinafter set forth, Lessor does hereby sublet and sublease unto Lessee and Lessee hereby takes and subleases from Lessor for and during the period of time and subject to the terms and conditions hereinafter set out certain space in Orange County, North Carolina, more particularly described as follows: 1,672 square feet of office space located on the lower floor of the Chapel Hill. Housing Authority Building, 317 Caldwell Street Extension, Chapel Hill, North Carolina. THE TERMS AND CONDITIONS OF THIS LEASE AGREEMZIT ARE AS FOLLOWS: 1.! The term of this sublease shall be for a period of 3 year (s); commencing on the 1st day of November, 1983, or as soon thereafter as the subleased premises are ceded to the Lessee, and terminating on the 31st day of October, 1983. 2.! The Lessee shall pay to the Lessor as rental for said premises the sum of $5,000.00 dollars per annum, which sum shall be paid in equal monthly installments of $416.66 dollars, said rental to be payable within fifteen (15) days from receipt of invoice in triplicate. The Lessee agrees to pay the aforesaid rental to Lessor at the address specified, or, to such other address as the Lessor may designate by a notice in writing at least fifteen (15) days prior to the due date. 1 1 1 1 1 r - BO • 3. Lessor agrees to furnish to the Lessee, as a part of the 'eonsideration for the sublease, the following services and utilities to the satisfaction of the Lessee. A. Heating facilities, air conditioning facilities, electrical facilities, adequate lighting fixtures and sockets, hot and cold water facilities, and adequate toilet facilities. B. Janitorial services and supplies. Maintenance of lawns, paved areas and disposal of trash. C. All utilities except telephone. D. Parking. 4. During the sublease term, the Lessor shall keep the subleased premises in good repair and tenantable condition, to the end that all facilities axe kept in an operative condition. Maintenance shall include, but is not limited to, furnishing and replacing electrical light fixture ballasts, air conditioning and ventilating equipment filter pads, if applicable,' and broken glass. In case Lessor shall, after notice in writing from the I.Asee in regard to a specified condition, fail, refuse, or neglect to correct Said condition, or in the event of an emergency constituting a hazard to the health or safety of the Lessee's employees, property, or invitees, it shall then be lawfull for the Teesee, in addition to any other remedy the lessee may have, to make such repair at its own cost and to de9nct the amount thereof from the rent that may then be or thereafter become due hereunder. The Lessor reserves the right to enter and inspect the subleased premises, at reasonable times, and to make necessary repairs to the premises. 5. It is understood and agreed that Lessor shall, at the beginning of said subleeee term as hereinabove set forth, have the subleased premises in a condition satisfactory to Lessee, including repairs, painting, partitioning, remodeling, pluMbing and electrical wiring suitable for the purposes for which the subleased premises will be used by Lessee. &. The Lessee shall have the right during the existence of this sublease, with the Lessor's prior consent, to make alterations, attach fixtures and equipment, and erect additions, structures or signs in or upon the subleased premises. Such fixtures, additions, structures or signs so placed in or upon or attached to the subleased under this sublease or any prior sublease of which this sublease is an extension or renewal shall be and remain the property of the Lessee and may be removed therefrom by the Lessee prior to the termination of this sublease or any renewal or extention thereof, or within a reasonable time thereafter. The lessee shall have no duty to remove any improverlent or fixture placed by it on the premises or to restore any portionlof the premises altered by it. In the event Lessee elects to remove his improvements or fixtures and such removal causes damage or injury to the demised premises, Lessee will repair only to the extent of any such damage or injury. - - - - k • , . • ; , 81 17'7 ,„ ... ,. _ . . .. . . . , .. . . 7. If the said premises be destroyed by fire or other casualty, A1vithout fault of the Lessee, this sublease shall immediately terminate and the rent shall be apportioned to the time of the damage. In case of partial destruction or damage by fire or other casualty without fault of the Lessee, so as to render the premises untenantable in whole or in part, there shall - bean apportionment of the rent until the damage has been repaired. During such period of repair, Lessee shall have the right to obtain similar office space at the expense of Lessee or the lessee may terminate the sublease by giving fifteen (15) days written notice to the Lessor. 8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee which are a direct result of the failure of Lessor to perform an act required by this sublease, and provided that Lessor could reasonably have complied with said requil-erenti The Lessee agrees to indemnify and save harmless the Lessor and the agents, servants and employees of the Lessor against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the subleased premises occasioned in whole or in part by any act on the part of the Lessee or an employee while acting within the scope of employment, agent or visitor of the Lessee or by reason of any unlawful use of the Subleased premises or any breach, violation or non-perfomance of any covenant in this sublease on the part of the Lessee to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the subleased premises by the Lessee. Lessee agrees to pay for all damages to the building beyond reasonable wear as well as all occupants thereof, caused by Lessee's misuse or neglect of said subleased premises, its apparati* or appurtenances. Lessor shall not be liable to Lessee for any damage by or from any act or negligence of any other occupant of the building or by any owner or occupant of adjoining contincus property. 9. The Lessee agrees that the Lessee shall not do, or cause to be done, or permit on the subleased premises anything deemed extra hazardous on account of fire. Lessor shall carry fire and extended coverage insurance insuring its interest in the building and the subleased premises. Lessee shall carry fire and extended coverage insurance insuring its interest, if any, in inprOvemnts to or in the subleased premises and its interest in its office furniture, equipment, supplies and other personal property. Lessee is self-insured. Both the Lessor and the Lessee hereby waive any claims or rights or action which the one may have against the other for loss or damage covered by sdch insurance and both the Lessor and reqsee covenant and agree that each of than will obtain a waiver from its carrier of such insurance releasing such carrier's subrogation rights as against the other party. 10. i Upon termination of this lease, the Lessee will peaceably . , surrender the subleased premises in as good order and condition as when received, reasonable use and wear and damage by fire, war, riots, insur- rection public calamity, by the elements, by act of God, or by circumstances over which the Lessee had no control or for which Lessor is responsible pursuant to this sublease, excepted. wir. ____ • • • 11 The Lessor agrees that the Lessee, upon keeping and performing 'the coVenants and agreement herein contained, shall at all times during the • existence o this sublease peaceably and quietly have, hold, and enjoy the subleased premises free from the adverse claims of any person. 12. The failure of either party to insist in any instance upon strict performance of any of the terms and conditions herein set forth shall not be construed as a waiver of the same in any other instance. No modification of any provision hereof and no cancellation or surrender hereof shall be valid unless in writing and signed and agreed to by both parties. 13. Any hold over after the expiration of the said term or any extension thereof, shall be construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions herein specified, so far as applicable; however, either party shall give not less than ninety (90) days written notice to terminate the tenancy. 14. The parties to this sublease agree and understand that the payment of rental specified in this sublease agreement for the term period set forth herein, or any extension or renewal thereof, is dependent upon and subject to the appropriation, allocation or availability of funds for this purpose to the agency of the Lessee responsible for payment of said rental, and this sublease shall automatibally terminate upon depletion of such funds. 15. All notices herein provided to be given, or which may be given, by either pa4y to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: TO the Lessor at 106 East Margaret Lane, Hillsborough, North Carolina 27278 and the Lessee at Post Office Box 25903, Raleigh, North Carolina 27611. Nothing herein contained shall preclude the jiving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice. IN TESTINONY WHEREOF, this sublease has been executed by the parties hereto, in duplicate originals, as of the date first above written. STATE OF NORTH CAMLONA BY LESSOR: Mailman Orange Cbunty Board e--ThofCcusioners . , 111111■111.11•111■11 ORANGE COUNTY .8 3 BOARD OF COMMISSIONERS ACTION AGENDA ! ACTION AGENDA ITEM ABSTRACT ITEM MEETING DATE December 5, 1983 SUBJECT: Examination of Official Bonds DEPARTMENT: Purchasing 6 Central Services PUBLIC HEARING: YES x NO ---------- 1 ATTACHMENT(S): Sheriff's Bond INFORMATION CONTACT: Mark H, Rees Register of Deed's Bond Clerk of court's Bond PHONE NUMBERS: HILLSBOROUGH - 732-8181 Finance Officer's Bond HILLSBOROUGH - 732-9361 Tax Collector's Bond ext 498 CHAPEL HILL - 967-9251 ; MEBANE - 227-2031 Blanket Employee's Bond DURHAM - 688-7331 -4 PURPOSE: To conduct an examination of bonds required by state law of the following officers, employees and agents: 1 1). Sheriff 2). Register of Deeds 3). Clerk of Courts 4), FinanCe Officer 5), Tax Collector 6). Any officer, employee or agent of the County who handles of has in his custody more then $100.00 of the County's funds at any time or who handles or has access to the inventories of the County. NEED: G. S. 109-5 reads as follows: The bonds of the officers named in G.S. 109-3 shall be carefully examined on the first Monday in December of every year, and if it appears that the security has been impaired, or for any cause become insufficient to cover the amount of money or property or to secure the faithful performance of the duties of the office, then the bond shall be renewed or strengthened, the insufficient security increased within the limits prescribed by law, and the impaired security shall be made gooc .but-no renewal, or strength- ening; or,additional security shall increase the penalty of said bond beyond the limits prescribed for the term of office.. IMPACT: - The Sheriff's bond is presently $5,000.00,the maximum allowed under C.S. 162-8. - The Register of Deeds bond is presently $25,000.00. G.S. 161-4 requires that the bond be not less then $10,000.00 but not more then $50,000.00, The Clerk of Court's bond is furnished by the state. Its maximum liability is $100,000.00 - The Finance officer's bond is presently $250,000.00, the maximum allowed under C. . 159-29 (A). - The Tax Collector's bond is presently $30,000.00. C.S. 105-349 (C) says that thelamount of this bond is to be determined by the Board of Commissioners. - All County employees are bonded to $10,000.00, through a Faithful Performance Blanket Position Bond. RECOMMENDATION(S): Approve Bonds at present levels.. rilli••••■■••■•■•--_ 4 €i€ / PUBLIC OFFICIAL BOND ET THE /ETNA CASUALTY AND SURETY COMPANY • FOR DEFINITE TERM Hartford, Connecticut 061 ED UFE&C 133 . ' tI 33 BON° NO. 25 3� —PACE$. UEC 6 3 08 PH '8Z E F DEEDS RISTER O KNOW ALL MEN BY THESE PRESENTS, That we ATARRT y�T �S ORAHCE OAUHTY.H:C: of CHAPEL HILL, NORTH CAROLINA as Principal, and THE.ETNA CASUALTY AND SURETY COMPANY,a corporation of Hartford,Connecticut,as Surety,are held and firmly bound unto STATE OP NORTH CAROLINA in the penal sum of FIVE THOUSAND AND OO/100—.—___--________—1$5,000.00--- --i Dollars, lawful money of the United States of America,for the payment of which well and truly to be made,said Principal binds himself/herself, his/her heirs, executors, administrators and assigns, and said Surety binds itself, its suc- cessors and assigns, Jointly Arid severally, firmly by these presents SEALED and dated this ItEr day of DECEMBER 1982 WHEREAS, the said Principal has been ELECTED to the office of SHED OF ORANGE COUNTY, NC for a definite term beginning DECEMBER 1, 1982 and ending DECEMBER 1, 1986 and is required to furnish a bond for the faithful performance of the duties of the said office or position NOW.THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall(except as hereinafter provided)faithfully perform the duties of his/her said office or position during the said term, and shall pay over to the persons authorized by law to receive the same all moneys that may come into his/her hands during the said term without fraud or delay,and at the expiration of said term,or in case of his/her resignation or removal from office, shall turn over to his/her successor all records and property which have come into his/her hands, then this obligation to be null and void; otherwise to remain in full force and effect PROVIDED.HOWEVER,that the above named Surety shall not be liable hereunder for any loss of any public funds resulting from the insolvency ofany bank or banks in which said funds are deposited;and, if this provision shall be held void, this entire bond shall be void• AND PROVIDED FURTHER, that the Surety may cancel this bond at any time during the said term by giving to the Obligee a written notice of its desire so to cancel and at the expiration of thirty(30}clays from the receipt of such notice by M. Obligee the Suretyishall be completely released as to all liability thereafter accruing. If this provision shall be h:,J� void, t ' ...tire bond shall be void: // WITNE AISERT Lis r. a ark:�• . .� eon., (Princ•./ Cottatexpigneiis THE ETNA CASUALTY AND URETY CE)NIPANY Collie Cabb & aea•• rtes, 1.c `� By:. ay `�2... rk. -•--- . ,, ° r Lie need Resident Agent H. THOMAS DAWEINS, At— .ItLFa't ta°py. 5 1s-77e4e 1.76 '.7 .. CA7',409900 FAINTED H DEA . M176 PUBLIC OFFICIAL 80ND tt' P4GE13 , faiallinil FOR DEFINITE OFFICIAL TERM E ¢TNA CASUALTY AND y COMPANY uPEe,rrastALTY Hanford, C� U6WSEt1 31 I BOND NO 25 5 44856 t nn DE 6 3 o8 Pnn u. BETTY JUNE HAYES REGISTER Of €IEE➢S ORANCE'COUNTY,NCO: KNOW ALL MEN BY THESE PRESENTS, That we BETTY JUNE HAYES, of HILLSBOROUGH, NCII B CAROLINA and THE'ETNA CASUALTY AND SURETY as Principal, COMPANY,a corporation of Hartford.Connecticut.as Surety,are held and firmly bound unto STATE'OF NORTH CAR OLIIdA in the penal sum of WE{pirp FINE lawful money sum the United THousaD AND 00/100--..._._---(525,000,00 binds himney/trf ,thef; nit States of America, for the payment of which well and truly to be made,� ) rincipal !h heirs, executors, administrators and assigns, and said Surety self Principal suc- cessors cessors and assigns. jointly and severally, firmly by these presents. y binds itself, its suc- SEALED and dated this 6TH day of D ECINBER 1s82 WHEREAS, the said Principal has been AppyinFEED to the office ofy57Eft 0? DEEDS for a definite term beginning to furnish a bond for the faithfu0f ER 6, 1982 and ending 6, 1986 II performance of the duties of the said office or and is required NOW, THEREFORE THE CONDITION OF position. NOW,W, THEter THIS OBLIGATION is such that If the above bounden Principal shall(except provided) faithfully perform the duties of his/her said office or position during the said to shall pay over to the persons authorized by law to receive the same all moneys that may come into his/her hands during the said term without fraud term, end during the office, shall turn ud ortdela,and n successor expiration of said term,or in case of his/her resignation,or removal then this obligation to be null t ehis void; o all records and property otherwise to remain in full force and effect into his/her PROVIDED,HOWEVER, that I above named Surer PROVIDED, from the VEER, en Surety shall not be liable hereunder for any loss of any resulting elu void, this entire ns insolvency of any bank or banks in which said funds are deposited;and,if this v public shall be bond sill II be void provision steel!be AND PROVIDED FURTHER thatithe Surety may cancel this Obligee a written notice of its desire so to cancel and at these p;at any time expiration of thirty ding the said term b notice by the Obligee the 5uret i by giving to the Y shall be completely released as to all liability thereafter accruing.from the receipt of such shall be held void, this entire bond shall be void. acciving If this provision •mil'ESS: L rig ,d, 7ti I , SEAL) (Princ,..I) CotrntersfgnedoE.ETNA CASUALTY AND SURETY COMPANY.,.. 37::L.. ::-- •Q .2c�,�i By { '! ° ` .Linenaed Resident .dgent rs*, ,.� H• THOMAS DAWKINg ,(s-719-48 t»7s. 1 • ''. .. CAT,4099' 86 ._ FAINTED aiUSA • • {/ r-tCr'� -Gr�' c;N•r' S''i ''T�, c--, 1B',S Fit i `: ;1L:a; �`G . �HJ � ��` rte,;� ,: 8u�)1( �� Pace 3� �`); j1L , �, f !V. " 4 G�, 44 jpt°flmfux.)a. OEC 6 3 09 PH '67 j F1artFor�,C©nnecticut 6ETTY J I .. (A Stock Company, herein called the Suret RICE C pN TYYES Y) CRAHCE:Ct7{IHTN�Q, 1 pi li � i i PUBLIC Ete1I�LUYI:L•'S Itl,rtNlil;'I' I3UNI) ifli ! J DECLARATIONS i�,' �j I Cloud No.TI311P162T4h0-7 7''• Item 1. Name of Ohlioee: ADMINISTRATIVE OFFICE OF THE COURTS, ^ X1 V ; (Herein tilled the Obligee) STATr OF NOR CAROL INA f RALE IGH NORTH CAROL INA ''r ' Item 2. Name of Insured: ADM I N t ---(Herein ca�11CJ the Insured STRN RTH CFRICE OF THE CDURTS,} STATE OF NORTH CAROL lNq �' � RALE I GH NORTH CAROL INA fit: r� Item 3. Bond Period:from the beginning of 0.3/01/78 -- j, ` to I2 o'clock night on the effective date of the cancelationtor termination of this Bond as an entirety I ' J,: I ;f It ; Item F. ti i 1'uble of Limits of Liability: 1F I-' Insuring Agreement 1 Honesty Blanket Bond Coverage { Insuring Agrecnu:ntI 3 Honesty Blanket Position Bond Coverage S 'j' ! t Ensuring Aorcementi :3 Paithfu urfurnm t ° • • fi't 1 Insuring Agreement! ;I. rr,c Blanket Bond Cn\'crn^c S 100,000 �; ° o b Faithful Performance Blanket Position Bond r' I �.O\"eras t_ . e _ $ _____ fr.': � t Item S. ''he liabilityjof the Surety subject to the terms of the following riders attached hereto; I. r JI ; t.1i 8000(1 -3) I I_AlJtem G. The Obligee and the Insured by the acceptance of this Bond give notice to the Surety terrni- � i naiing or can'ccling prior bund(s) Nro.(s) ° ti,,s such termination or can ,J;. Il f ---_— relation to be effective as of the tine this Bond becomes eilectivc. t' t Signed and dated TB I S 1ST DAY OF MAR TN, 1978, '� t''; Pi.. �';' j TIIE 7°J�,11�L:LL:N5 l:\DFrll!\'I'll' > �� Kr t,- .,- 72,,,c--,..f2, fr�3rJrvr 15id0 S.aE r,u„o...f, !7J ',- ' - Cnunrrr.iurdLv_L , - --.._._. � , _ ---_., t mo-"� 7-1T /1.�...'- '. �L,1 \f -.°-:�T;7 Cv�..;:t.77. . _...__. _.Ly - ;r;. =. \`i .S•\1! 'r. IUISI iC EMPLOYEES r��I i I,:•ri. Obligee ADMIINISTRATIVC OFFICE OF THE COURTS, STATE OF NORTH CAROL ` 11:`� RALEIGH NC .. 1, Insured ADMINISTRATIVE OFFICE OF THE COURTS, STATE ! l i RAZE IGH NC i OF NORTH CAROL(NA r: :--,■ Bond Igo. The Travelers Indemnity Company, Hartford, Connecticut I^^ '=te -= :_,..: '`i''= :.. ;'. BOO 4PC136 $7 The Surety,in consideration of the payment of the premium,and subject to the Declarations made a part hereof,the General Agreement,Conditions and Limitations and other terms of this Bond,agrees,in accordance with such of the Insuring Agreements hereof as-are specifically designated by the insertion of an amount of indemnity in the Table of Limits of Liability,to indemnify the Obligee for the use and benefit of the Insured for: I , - - INSURING AGREEMENTS HONESTY BLANKET BOND COVERAGE 1. Loss sustained by the Insured through any fraudulent or dishonest act or acts committed by any of the Employees,acting alone or in collusion with others.during the Bond Period,to an amount not exceeding in the aggregate the amount stated in the Table of Limits of Liability applicable to this Insuring Agreement I., HONESTY BLANKET POSITION BOND COVERAGE 2. Lass sustained by tht6 Insured through any fraudulent or dishonest act or acts committed by any of the Employees,acti alone or in collusion w ithlothers,during the Bond Period,the amount of indemnity on each of such Employees being the amou stated in the Table of limits of Liability applicable to this insuring Agreement 2, • { FAITHFUL PERFORMANCE BLANKET BOND COVERAGE V 3. Loss caused to the ltssul'etl through the failure of an I Employees,ash a faithfu)ly hied cries or t,' Y9 the nc Ip i o.in�o.'sit'with others,t��erf_or�r i I r ro for all monies and ro erw nasal n .sit' • to menu • the hoard Dvrind to an amount not exceeding in t e aggregate t e amount stated in the Table of Limits of Liabi icy applies to this Insuring Agreemeht 3. —FAITHFUL PERFORMANCE BLANKET POSITION BOND COVERAGE 4. Koss caused to the Insured through the failure of any of the Employees.acting alone or in collusion with others,to perforr� faithfull♦his duties or to'account properly for all monies and property received by virtue of his[position or employment durinL the Bona Period,the amcjunt of indemnity on each of such Lmployces being the amount stated in the Table of Limits of Lid. bility applicable to this Insuring Agreement 4. GENERAL AG1(EE'IIENT LOSS UNDER PRIOR BOND If the coverage Man insuring Agreement of this Bond is substituted for any prier bond carried by the Insured or by arc) predecessor in interest of the Insured ehich prior bond is terminated,canceled of allowed to expire as of the lime of such sub. stitution,the Surety agrees that sutrIs Insuring Agreement applies to loss sustained by,or caused to, the Insured,as the case may be,prior to or during the Bond Period,provided that such loss is discovered after the beginning of the Bond Period anti prior to the expiration of three)ears from the cancelation of this Bond as an entirety and that such loss would have bete recoverable by the Insured or such predecessor under such prior bond except for the fact that the time within which to briuLi suit,action or proceeding of ally kind thereunder had expired,and provided further: (1) the indemnity afforded by this General Agrcement shall be a part of and not in addition to the amount of coverage, afforded by the applicable insuring Agreement of this Bond;and (2) such loss would have been covered under such Insuring Agreement had such Insuring Agreement with its agreements, conditions and liinitations as of the time of such substitution been in force whet. the ad.'s or defaults causing such loss were committed;and (3) recovery under such Insuring Agreement on account of such loss shall in no event exceed the amount which aged have been recoverable under such Insuring Agreement in the amount for which it is written ns of the time of suck substitution,hadlsuch insuring Agreement been in force when such acts or defaults were corrtmitted,or the amount which would have been recoverable under such prior bond had such prior bond continued in force until the discovery of such loss if the latter amount be smaller, THE FOREGOING INSURING AGREEMENTS AND GENERAL. AGREEMENT ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: DEFINITIONS i dense submitted reasonably establishes that the loss was in Section 1. The following terms, as used in this Bond, fact caused by such Employee tin ough such acts or defaults shall have the respective meanings stated in this Section: and provided,further,that rcgardless of the number of such Agreements and 2 Employees concerned or implicuted in such loss, the aggre• "Employee" as used in Insuring Agreemen gate liability of the Surety for arty such huts shall not exceed means a person while in the employ of the Insured during the Baud Period who is ttbt required by law to give bond the amount stated in Item 4 of the Declarations applicably in conditioned for the faithful performance of his duties and such Insuring Agreement., who is a member of the staff ur personnel of the Insured - - but does not mean any Treasurer or Tux Collector by kJCCLlJSION whatever title known.. Sectiou 3, This Band dues not cover any loss sustained "Employee" as used ink Insuring Agreements 3 and 4 by or caused to, the Imsured under circumstances whereby means a person while in the rmpluy of the Insured during and to the amount which the Obliges or the Insured volum the Bond Period who is not required by law so furnish tarily undertakes or is obligated by law to exonerate or art Individual Bond to qualify fur office and who is a fluent indemnify any of the Employees against liability incurred by her of the staff or personnel of the Insured but does riot them in the performance of their duties. mean any Treasurer or Tat Collector by whatever title known. LIMITS OF LIABILITY UNIDENTIFIABLE EMPLOYEE Section 4., Indemnification by the Surety for any loss uner Insuring Section 2. In case a loss is alleged to bate been caused Surety's liability for rother rlossesunderlthle applicable lrtstcr,not reduce the to the Insured through acre or defaults by an Employee cur. Mg Agreement, whenever sustained; provided, hoisecer. ern) under an applicable lnsmring Agrecmetrt of this Bond, that the Surety's total liabilitt^ under each such insuring while such Insuring Agreement is rn full force and effect and Agreement fur any Inns caused by any Employee or in which the Insured shall he unable to de.ignote the specific Employee such Emplu)'ee is concerned or implicated is limited to the causing such loss, the insured shall mu ertleless have the applicable amount of indemnity specified in the Table of ' ! r, fit .•f:u;h I:a:,::r:; A;r};::.is: provided th:,t the eri- Limits of Liability r' -' — ' 1 rs r,nv, . ...___ I uucn z rFUt LV I . ,_,., • mmifration by the Surety for any hiss under Tnsunng"' -- --the'pphcabte Insuring b A�rcement covering such c,r,o:nt 2 or 4 shall not reduce the Surety's liability for Employee; J∎,tr lasses under the applicable Insuring agreement,when.. (b) Upon the death,resignation or removal of such Ent- 8i .e[ct's...tained;provided,however,the Surety's total liability ployee;or tinder each such Insuring Ao eement as to each Employee is limited to the applicable amount of indemnity specified in the fc) At 13 o'clock night upon the effective date specifier) in a written maed !able of Limits of Liability, sued, Such tdate shallh betnottless tthan thirtyydays Rc ardlese of the number of years this Bond shall continue after the dale of mailing.The mailing by the Surety in force and the number of plemiums which shall be payable of notice as aforesaid to the Obligee and the Insured rrc p rid,thr limit of the Surety's liability as specified in the shall be sufficient proof of notice. Delivery of such Table of Limits of I.iability'shall not be cumulative from written notice by the Surety shall be equivalent to yrar to year or period to period. mailing. • jThis Bond may be canceled by the Obligee or the Insured LIMIT OF LUI.BILITY UNDER THIS BOND by mailing to the Surety written notice stating[Then there. AND ANY I'RIOR BOND after the cancelation shall he effective,This Bond ma be Section 5.. With respect to loss under Insuring Accea• canceled by the Surety by mailing to the Obligee•indythe )pent 1 or 3 caused by any Em !n ee or under which such 6m- Insured written notice stating when, not less than thirty ployee is concerned or implicated or which is chargeable to days thereafter, such aforesaid shall be effective The such Employee as provided in Section 2 of this Bond and with mailing of notice as aforesaid shag be sufficient b the proof ee of respect to loss tinder Insuring Agreemerit 2 or 4 caused by notice.Delivery of such written notice either by the Obligee any h respect to to a or which is clr rg_able to such Employee as or the Insured or by the Surety shall be equivalent to mail- prmided in Section 2 of this pond and with respect to loss too• If the Obligee in ice accordance with earned premium under any insuring Agreement which occurs part) during shall be computed in accordance with the customary short pre- the liond Period and partly during the period of other bonds rate use table hall be procedure. amp[�te$pro rata Premium um adjustments mat issued by the Surety to the Insured or to any predecessor in may interest of the Insured and terminated or canceled or allowed be made at the time cancelateco is effective or as soon as to t x tire and in w hich the period specified therein for bring. or tender lof unearned epretmium is not effective,ondition of caneelat hie suit, action or proceeding of any kind, or if no such tine.. grind is;peci;ied therein,then within the period prescribed �v the applicable statute of limitations, has not expired at If any of the cancelation prosisions set forth in either or the time such loss thereunder is discovered, the total both of the foregoing paragraphs of this Section are pro, liability of the Surety under this Bond and under such other hibited or made void by any law controlling the construction Lands shall not exceed, in the segregate, the amount of this Bond,such provisions to the extent they are so pro- F can iud under the applicable Insuring Agreement of this hibited or made void shall he deemed to be nullified and of no Neil on'such loss or the amount available to the Insured effect. t' under such other bonds,as limited by the terms and condi. LEGAL PROCEEDINGS tints thereof.for any such loss if the fatter amount be larger. Section 7, No suit, action or proceeding of any kind to recover on account of loss under this Bond shall be brought C.ANCELATION after the expiration of three years from the cancelation of this Bond as an entirety provided, however, that if such I[Secti n 6. This Bond shal11be deemed canceled as to any limitation for bringing suit, action or proceeding is pro- hihited or made void by any law controlling the construction (a) immediately upon discovery by the Obligee or the of this Bond,such limitation shall be deemed to be amended insured of any act on the port of such Employee so as to be equal to the minimum period of the limitation which would constitute a liability of the Surety under permitted by such law. In witness whereof,!the Surety has cattsed this Bond to be executed on the Declarations page, t _ - 1;!.. ..4SEMENT 1 -.- . . ..: BOON 4 batif 138 c." , ...... . THE TRAVELERS INSURANCE COMPANIES A .., '4. rt(4. ... Phis ndorsement is issued by that member of The Travelers Insurance Companies'Aid! : tied the policy of which this ..f. I tic.lorsement forms a part. . .1. If any additiOnal premium is noted below,this endorsement is issued in consideration thereof.. If any return premium i noted below, the receipt therm:4 is acknowledged upon acceptance of this endorEement ‘). Amending Effective from _at the time of day the policy becomes effective.. Policy No I.-HP-162110+0-7-78 11 Issued tel.__ I 4 Date of Issue; ' I Additional Premium$ Return Premium$ !...1.. .... (The information provided far above,except the policy number. is required to be stated onb. when this indorsement is issued for attachment t the policy subsequent to its effective date) Vf.: it is agreed that as of the effective tit r hereof the policy is amended in the following particulars: IT IS AGREED THAT: SECTION 3 OF THE BOND S DELETED AND REPLACED BY THE FOLLOWING: EXCLUSIONS SECTION 3.3. THIS BOND DOES NOT COVER LOSS TO THE INSURED AS A RESULT OF: h (A) LIABILITY IMPOSED UPON OR ASSUMED BY THE INSURED TO EXONERATE OR INDEM NIFY AN EMPLOYEE ERCM OR AGAINST LIABILITY INCURRED BY SUCH EMPLOYEE IN TH4 !,0, PERFORMANCE DUTIES; OR (B) DAMAGES FOR WillICH THE INSURED IS LEGALLY LIABLE AS A RESULT OF: (1) THE DEPRIVATION OR VIOLATION OF THE CIVIL OF ANY PERSON BY AN YiC EMPLOYEE ; OR 1 ..,..;,. ( II) THE TORTIOUS CONDUCT OF AN EMPLOYEE, EXCEPT CONVERSION CF PROPERTY ..,i, OF OTHER PARTIES HELD BY THE INSURED IN ANY CAPACITY. THE SURETY SHALL MOT B,E LIABLE UNDER THIS BOND FOR LOSS SUSTAINED BY ANY PARTY OTHER THAN THE INSURED AS A RESULT OF ANY ACT OR OMISSION OF AN EMPLOYEE WHETH■RP'; CR NOT SUCH ACT OR 0MiSSION OCCURRED IN THE PERFORMANCE OF THE DUTIES BY THE .:...2.,; EMPLOYEE. I 1 e 2. SECTION 7 OF THE BOND IS DELETED AND REPLACED BY THE FOLLOWING: 1 LOSS-LEGAL. PROCEEDINGS SECTION 7. THIS BOND IS FOR THE SOLE BENEFIT OF THE OBLIGEE FOR THE USE AND :-.9..,... BENEFIT OF THE INSURED. NO SUIT, ACTION OR PROCEEDING OF ANY KIND TO RECOVE ?: 1: ON ACCOUNT OF LOSS UNDER THIS BOND MAY BE BROUGHT BY ANYONE OTHER THAN THE OBLIGEE OR THE INSURED; ANY SUCH SUIT, ACTION OP PROCEEDING MUST BE BROUGHT . PRIOR TO THE EXPIRATION OF THREE YEARS FROM THE CANCELLATION OF THIS BOND AS 0 AN ENTIRETY, PROVIDED, HOWEVER, THAT IF SUCH TIME LIMITATION FOR BRINGING i SUIT, ACTION OR PROCEEDING IS PROHIBITED OR MADE VOID BY ANY LAW CONTROLLING THE CONSTRUCTION OF THIS BOND, SUCH TIME LIMITATION SHALL BE DEEMED . .C.7 TO BE AMENDED SO AS TO BE EQUAL TO THE MINIMUM PERIOD OF THE LIMITATION i'.... PERMITTED BY SUCH LAW. -Yr 3. THIS RIDER IS EFFECTIVE AS OF 03/01/78. B000(1:- .-% c7.20 KU...3146 motto 1.u 1 A. Countersigned BY 1 / 7/71- i..,:z. r,i7 h, [7. r1/47; 4.i. I • , ,_... .7.7: 4 ri. . ii. • ., .._ . :.... ...,_ . , . . .<SENIENI 90 7 B01 x .PAR 139 i THE TRAVELERS INSURANCE COMPANIES JJJ g This endorsement is issued by that member of The Travelers Insurance Companies which issued the policy of which this endorsement forms a part. If any additional premium is noted below, this endorsement is issued in consideration thereof. If any return premium is f.; noted below, the receipt thereof is acknowledged upon acceptance of this endorsement. .r Amending 3, Effective from Israr;,m,,v.0 at the time of day the policy becomes effective, Policy No.T—ER P-1 A2 T440-7-78 1. ltsucd to I ,. �t Date of Issue: Additional Premium S Return Premium S r ,r (The icinrmation provided for nboi e.cecpt the policy number,is requiml to be stated only when this endorsement is lasued for attachment o the policy suh:•equcnt to itt e8ectice date�) It is agreed that as of the effective date hereof the policy in amended in the following particulars; i''! f: SALVAGE 'ir 4 THAT IN THE EVEN?' THAT THE LOSS EXCEEDS THE AMOUNT OF THIS BOND, THE , INSURED AND THE UNDERWRITER SHALL SHARE WITH EACH OTHER IN ANY NET 1', RECOVERY IN THE ¶P.OPORTION THAT THE AMOUNT OF THE PAYMENT UNDER THIS ?r BOND BEARS TO THE TOTAL LOSS. THE INSURED SHALL EXECUTE ALL NECESSARY •r PAPERS TO SECURE TO THE UNDERWRITER THE RIGHTS HEREIN PROVIDED FOR, .. J. r Jr 1: f' ,r I..: Fr , '.r :.3 !Smoot No, 'd N 8000(2) C1)7:a REV.11:6 0115;15.rtn i•u a.r Counteni e ned B —,./ / Y C:r,,cs���E' _, 17 1. ci it ja !. \r j V `t l: ,�V F.1.LL��• it1.fK pit ,,44..'In 17 S THE TRAVELERS INSURANCE COMPANIES r JJJ his endorsement is issued by that member of The Travelers Insurance Companies which issued the policy of which this ::adorsement forms a part. � If any additional premium is noted below,this endorsement is issued in consideration thereof. If any return premium i noted below, the receipt thereof is acknowledged upon acceptance of this endorsement. Effective from_ at the time of day the Amending _ 3 (Vont!,Don,nor), Y policy becomes effective. Policy No. T—B B P 1 62 7440— 8 j. Issued to_ Date of f[aue: ; Additional Premium S Return Premium S ('lhe informatiofl provided for above,except the policy number, is required to be stated only when this endorsement is issued for attachment t• rr: the policy subsequent to its effective date) It is agtced that es of the effective date hereof the policy is amended in the following particulars; 9. TO APPLY A DEOLICTABLE IN THE AMOUNT OF $1 ,000, PER LOSS AS RESPECTS t# .r, INSURING AGREEMENT ,3 - FAITHFUL PERFORMANCE BLANKET BOND COVERAGE. ;i- 1: )r 1; r w sewer,No, i 8000(3 /1'�r� GI:etD REV l I•ra ..I,r[a••a sue. Cuun[ersigned€3y.__ �- I f • l • • �I , f . , • - .• . , .. . ... :-.. .. . . - - .. „. ,.,. , . .... ,. ., ..„.„, • ,,., ... ,.._1 1.. v .1.-1.1.1............1 1 •1 .1 ., A. i . - .ZP A 1 PUBLIC OFFICIAL BOND- THE AETNA CASUALTY,AND pupEest, compANy,., , . .:..,., ....2.1, . "WM. • 1 FOR DEFINITE TERM Hartford, Connectietrt 0611.5 :, ' , ;-..-,,.T•-••'"':: 7-•,.,-...-:7„;;T!".."...".-,trz .. , . . • . " - " • -- •.•-• • BatitO NO. 29 N.43690 _ . ' ',' -' :•-, ..,- ,. . „ . • KNOW ALL MEN BY THESE PRESENTS, That we WALLACE ifUGBES!EAEDiNG: !! ! : -i:;!t--.,.:!.7' '!!!„'!....! , . ! ! . , !.. !:!:-!:::.::;!..•..--..!!:,.:;rL!.'':'.''.'-!:.;::.'.''2,!!.,;.. !'.;..i.,'.i ! of ED/LSBOROU(E, NO WL'E CAIRO/MU '' -. ) and THE AETNA CASUALTY AND SURETY COMPANY,a corporation of Haoford,Corinecticit a's'Surety,are held ■ . ... ; ;.. and firmly- bound unto O.RANGE COUBTY; NORM CAROT.DIA. . .. . • -., . , . . le, i .. %%, .... . in the penal sum ot TWO BINITNED..MIT):THOUSAND AND 00/10() IS',301.0.0iLOO: ''...,..r'i,..„':',,,i):15diletei4i....7.',3 lawful money of the!United States of Americo.for the payment of which we"'and heirt _.'filiii iiIiiii;L'.650tiiii4:;'0)-:. ir.;?:" *?; i'. binds himself/hersalL his/her heirs; executors, administrators and assign , and saltdpt!.m:tbii:ids'ioeitift..74, 160,;::::.,4 , cessors and assigns; jointly and severally,.randy by thesepresenta.:.• i : .':-:, , ., ' ',„ '-,.. ,t, .. '''.•.1'.: •'. ...:','•.':',,';',.....`:::': :.''„71',:•,k„ :$-...7.,,K,:.!:-:.:',.,:ii;x44.e.,:t.4,i:::;.,- SEALED-and dated this 1ST clay of Miaow :', ' 'r.' ' ; i98„i'.;,"1:.,2.:t'fi'i4,•-,-•';''''...•,,t.,..;;, ]:',',,-}......,-,•"„•7tr.toF/ttNs: ..,.,....,;..-.i.?....",..„ ,'..;.:%".T.:.,. 'f.. ..,..41'1.';:-,,CI,',.,-.=::•P4,....,,*Ast?-`41, .. , .,..„ .,. . •• .. ..- •,,r.,•::. : ,... ,' .•;,....,••..„ ....:4..., :,.:..;', ,,.,.,',.k"'',',.4,,,',,,,,,, WHEREAS, the said'Principal has been APPOINTED to the office•of' PINitikiW:;DINICTO/B:-::::.!:•••:'7i.,,,:r:i.'''''3'4'4"11:;!7:4 -%'-. 7':,7,,.' --:',',"'':.''',":":",:`;'■:":::4:!!'. ',,'...1.': ..144:;,:!,-,..,•,,Art • 4:':'i.:":-'7,''',..tri.'1,),:=:,%-....V.i.lt,,47;■:'2,P.f:;;,'..4.4'.;,..-..,1,.-,4 for a-definite term beginning, N4.1/01(..1,..,1983 . and ending. .BiLBai 1;,,•-1961k`i,•'•,""•:,!c:;',,,:`,;•liftwa.c*ojjiick. ,-..,,,..,„:,. to furnish a bond for the faithful perforrnani*Of the dutiii Of the".Saitt.offiee:eri.posidOrtz;;_:•-•,',',"'„,,:zi4t,•74,,.. .•-'fA:,:t4 i • ,•, , --.• ..• - .,.....-;-:,,:....-'-..,;.-,•,..., ,'.',,..,,,..,,,,..,...A;;:st,v,,,,,,i.nyv,i'z,_;-_,..:f,•••••„,:Ar .r..7,,,,,;::.:I,,,,,!. • :':THEREFORE THE CONDITION.5.'•.''. NOW, N•OF-THIS•p/SUDATION4 is such that if he aberva'Ocitindeni.prihCIpalkahallIfe .";:i..,q, as hereinafter provided) faithfully;perform thi,titiee of hisitier said.affien,:tac.Pciiiiiii.idiiffriglifirie fthia,;aiici..".:;" .".. shad pay over to the Parsons authorized bylawio receivathe same all incheisfthit.ntaiteirrti: 4hOtei.hands during the said term Without fraud!,or detay;end at the expiration of said term;er"••irtatiiia,if hii*e,griieigritifierroi"I 7.;;;,•,'•• removal from office,;shall turn over to his/her.successor all records,'and prepertY:WhiCh.,riiii**46.'',:64*itik.. •_•(-;.:,.; hands, then this obligation to be null and void; othenivise to remain in full fetdi.ertiff.:ifititizO•r:gi;',:.!";: ':*:7, ".:......;•••.''': 1 . __.'''''''':::''''.'•::'' r. . PROVIDED,HOWEVER. that the atzovanarriect Surety shall not oelioitenireuncter.fer!anY,Itzei.ef,aty,!pObliaftitidW ;:;'.'.!;'• resulting from the insolvency of any hank or-banks in which said fundeare•deenaltetiPaidirth*proUiefen'slittilltia:7,7''i.'„i:1: held void, this entire ibond shall be Void,. '_..,r,',• _ -' ' : •,: ''•'..!;:,'.,..' ....-:;:;,,:,:;,•:1•;;.',;:f.1.•;',::',474;i,,:i .':'"*.f..`Q•,",'„=';Ir-zr'i,.'1)":".,2,`:.7..'1,'23 • . .-, • • ,,.. ; : .4.1.•..'....„••••7: .''. ..:...:'''''.,,5'4'7,,,,..::.T4..,;-.",,,-.ii"....41,Z,li'l'4...",;:;',,Z,'.3',,.:V4'.-",•%: ,,,, 1 AND PROVIDED :4;. „is— that the Surety may cancel this bend if any time dering;thrif'saliPterearbirgiVing-til thei..=. , Obligee a writt,...-.. '1.,•'' n4fts desire so to cancel and at the expiretiOn of thirty.(3C)dali**tiPti*.th*(eLiflit-4f ..e,#.':,:;;' ,.: notice by the O616 , r.:- : shall be completely released as to all liability thereafteteeCruing;;;T this..priertsirai: shall be held void, thil.1 ' :•,.- shall be void. • -A.,tx ,A‘•.4, .4.4.!ip, lai, . •• • WITNESS: ''''..l'i' W.AI.T.PftE ENGEM liAltDINO- 'b. gr ' it =:•: — , ' ' • - . (SEAL) (Principal)ova) , . . . . - . . . .. • - THE ETNA CASUALTY AND SURETY COMPANY .. . , . r• ' . - . .. Cryarrt.-9rs igned2 ,- By - _. y E. MONAD ItilWEINDI, ' 'Attorney-in-Fact Licensed. Resident Agent -'' . • CAT.doses°'- is.71544/1-75 „ _ .. .. PRIMED IN e.s.:k ,.. , . .....,".,., _ ,: ,.:„.. .,, --- ,•.,.-,,• . ',•-.0.".+.•,... "•••/::;'...7.';'''''';:qf'Pz.'44'.9'..,7t!Fk'.'41"*A.-..*WI''''',..' . . . Miffilliaimimusay 9r3 __� —• — ---_- . _— - ,_. i. ' ma Is TO CE'B3`Fr r. re ZIe THIS ► Lt,i:t o;,t.A.41S I lit ri l NA LASUAL I Y AND SURETY CO?,ANY :r PUBLIC OFFICIAL BOND Hortford, Connecticut 06115 r. FOR INDEFINITE TERM �.STOCIS[ TEATT$I9I9ASIM BOND NO. 25 S 38t+5i .� '+ : TCOPY0,.. T� r: r_ Br: . e L•+1 _ NAY H. . •,„.!Liss, Reaideat Secretary !;Noll'ALL MEN BY TF;1ESE PRESENTS, Thal we JOHN THOMAS HORNER of H LSBOROUGH, NORTH CAROLINA ;u: !'Stint°pal, and THE (ETNA CASUALTY AND SURETY COMPANY, a car wrrrtion of Hartford,Connecticut,as Surel > 1 y,arc held :and firmly bound unto ORANGE COUNTY BOARD OF COMMISSIONERS in the penal sum of THIRTY THOUSANLAND' OO/100- ___-_-------_"__,_,46 lawful money of the Unfired Scales of erca„for the t moat of which, well and truly tnba m00O�00uid Pr•int'ilml1bli do him::rlf,lIcrself, his,?ter heirs, executors, administrators3and assigns, and said Surety hinds itself, its suitetst-t,, assigns, jointly and ace cr.tllr, firmly by these presents, rho liability'of the$ penal amount above named regardless of the aunr Surety, 1e+iambi }of pr premiums J to I h(r n!}a ors this E,m,l remains in farce or the number of premiums p,i l„ pt"rte! SEALED and dated this 1ST day of JULY - 19 78 .. ll"HEREAS the said Principal has been AppOD a n to the office of TAX COLLECTOR for un indefinite term beginning JULY 1, 1978 a bond for the faithful performance of the duties of the said office or position., and is required to furnish I NOW, THEREFORE THE CONDITION OF THIS OHLICANON is such that if the ah,ti bounden Priuc'ipal shall texte}rt as herein,frer protidedl fakrhfu1k perform the duties of his 'ter said office or position,luring the time this band reut.ainet in force, and shall pat n,f to due persons authorized by lam'to rescue'the same all mone'y's that may came ineo his her hands during the said rime a irhnut fraud or delay,and at the expiration of said rime,shall turn over to hir:.'lrrr sue, jr all records and property which hate theretofore come into his her hands, then this nbliearion to he null and void; ',the IT silo to/•main in full force and cffcrr„ PROVIDED, IIOuhXI:R, that the shot r named Surety shat!not he liable hereunder for:any foss of any public hinds re-I suiting Go the insoltenc o horn f any bank or hanks in ultich said funds are deposited: arid, if this provision shall he livid said. this entire bond Shall be timid_ AND PRO\IDED FURTHER, that any party to this instrument may (mice) the same at ;n■ Shoo, with or aithetnt cause. by notiftlap both of the others by rrnifie,! mill of an intention ther•ln to cancel in tyhielt ett'nt such e:nneliation shall he fully e ffect ite at 11 41.expiration of thirty (.,;p)days from the moiling of such on it I notice,. fad if Mete should be no cancrlla:ia n the dlshall a! sarh n by agreement hrturt°n all of the parties hereto Ibe bond shall remain ,„n.! tinuously in full force and effect in the penal amount ala„e named as long as rhr, Principal holds the said office or position 1IITN1 cSI JOHN THOnkS HORN i BY (SEAL) • Principal :ntersi 7111{F_TNA CASI,A1.II ANTI SURETv.C'f1"dI+AN}" OP C- H. THOMAS DA ! WlcINS ` Att„vet-, na I'at 1 Fr 1 ----"-""""uluillPmallill".1.11MMIIIIIIIII7MilIlIl 4 1 , , ,I I I j hiECNANIZED BOND RENEWAL NOTICE AGENT'S copy-RENEIVOIL 1/4111t 1 -,—.1Ezt-AQ ' 11 10E14112144413Y , ',--f,,,o--' ,i•F-7..:-.%;',- 1 i - !I . i AC.NT sem Nowa es.Aus USW UP,MOP 143NOPAt •r...s."-:i. ,?.::::,., u rob') 4?) i 30.4' 4,tiCA 7/03 i PtOlf 04 HONNtk .1 I suosikilimit,,F,-.' ,. 30 ... i 1 i 1 .,,,,_,e,:nr- ,,,--..• 1 1 1 _ _ —I — atEat Appur.Asu Komi 1 two..”rwm...........re.4■■•..........1.1............ Tyre 03t3f •',',":",...- .,14;IVtZf:-A.: ; CI Anson p NEW sow ExEcuTits T.Pusuc cuncisi. 4.1313133E&Fallg,:k,_ 0 CANCE1233 MO* 3 ctrastuAnau, cunncATE DZCUTRI s.asuar sdsAcesAmossiAtIfi.siAls;s7v 1 EI Cmcs. 13 YMPPCATIC*0 ariPFICATE Mir ) 'iL f.."-'-'- -----__ __ _ ..._ i 1304133.01 342 -;... .. ;',.'1....7 ... ... .'..4.:7?-: • .. Z..".Z". ' ...' .,,,.... ,.;,... •,. '.---,.. --1 ..., —... 14 ' '•";..-"' -,- • ef g ,....0.,,, -t _ „.. .... gr PUBLIC EMPLOYEES BLANKET BOND Revised to May 1958 9 5 pEN YLVANIA N. IONAL.•%kid Ca411414 INSURANCE COMPANY Pa fiCkr H.R17413111,10.PfM1.1.7P(VdNIA (A Mutual Company, herein called Surety) DECLARATIONS Item 1. Name of Obligee Orange County Board of CcamiLissioners 106 E. Margaret Lane RillsborOu9h, N. C., 27278 Item 2. Name of lnsured:l Orange County Hoard of Commissioners 106 E. Margaret Lane Hillsborough, N. C., 27278 — Item 3. Bond Period: frorn the beginning of January 5, 1983 IIMMT11.CM.YE1121 to 12 o'clock night on the effective date of the cancelation or termination of this Bond as en entirety. Item 4. Table of Limits of Liability: Insuring Agreement 1 Honesty Blanket Bond Coverage $ Not Covered Insuring Agreement 2 Honesty Blanket Position Bond Coverage $ Not Covered Insuring Agreement 3 faithful Performance Blanket Bond Coverage S Not Covered Insuring Agreement 4 aithful Performance Blanket Position Bond Coverage $ 10,000.00 Item 5.. The liability of the Surety is subject to the terms of the following riders attached hereto: SR 6071 Item 6. The Obligee and he Insured by the acceptance of this Bond give notice to Surety terminating or canceling prior!bond(s) No is) Es 19349 such termination clr cancelation to be effective as of the rime this Bond becomes effective. Signed, sealed and dated February 1, 1983 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY By. — / r Attorney in•F acr Judy Farmer.. PUBLIC EMPLOYEES BLANKET BOND Bond No. FB 77572 Obligee Orange PENNSYLVANIA Orge County Board of Commi,ssione.th Insured Clak,glifary Orange County Board of Commissioners belay 1.lif w.I.J.111011 sa Sass Mir F ; o _ The Surety, in consideration of the payment of the premium, and subject to the Declarations made part hereof, the General Agreement, Conditions and Limitations and other terms of this Bond, agrees, ■ accordance with such of the Insuring Agreements hereof as are specifically designated by the insertion an amount of Indemnity in the Table of Limits of Liability, to indemnify the Obligee for the use and snefit of the Insured for: l INSURING AGREEMENTS _ Honesty Blanket Bond Coverage Loss sustained by the Insured through any fraudulent or dishonest act or acts committed by ony of die Employees, acting me or In collusion with others,during the(Bond Period, to an amount not exceeding in the aggregate the amount stated in the cable of Limits of Liability applicable to this Insuring Agreement l Honesty Blanket Position Bond Coverage Loss sustained by the Insured through ony fraudulent or dishonest act or acts committed by any of the Employees acting sne or in collusion with others, during the:Bond Period, the amount of Indemnity on each of such Employees being the amount sled In the Table of Limits of Liability applicable to this Insuring Agreement 2, Fait,Iful Performance Blanket Bond Coverage Loss caused to the Insured through the failure of any of the Employees, acting alone or in collusion with others, to perform ithfully his duties or to account properly for all monies and property received by virtue of his position or employment during c Bond Period to an amount not exceeding In the aggregate the amount stated in the Table of Limits of Liability applicable this Insuring Agreement 3. ! Faithful Performance Blanket Position Bond Coverage Loss caused to the Insured through the failure of any of the Employees, acting alone or in collusion with others, to perform ithfully his duties or to account properly for ail monies and property received by virtue of his position or employment during e Bond Period, the amount of Indemnity on each of such Employees being the amount stated in the Table of Limits of Leibiflry plicablo to this Insuring Agreement 4 GENERAL AGREEMENT I Loss Under Prior Bond If the crnerage of an Insuring AgreemenI l of this Bond in substituted for any prior bond carried by the Insured or by any pred- essor In Interest of the Insured which prior bond is terminated,'canceled or allowed to expire as of the time of such substitution. e Surety agrees that such Insuring Agreement applies to lots sustained by,or caused to,the Insured,as the case may be,prior to during the Bond Period,provided that ouch loss Is discovered after the beginning of the Bond Period and prior to the expiration three years from the cancelatfon of this Bond as an entirety and that such loss would have been recoverable by the Insured or ch predecessor under such prior bond except for the fact that the time within which to bring suit,action or proceeding of any kind ereunder had expired,and provided further., Ill the Indemnity afforded by this General,Agreement shall be a part of and not in addition to the amount of coverage afforded by the applicable Insuring Agreement of this Bond;and 121 such loss would have been covered under such Insuring Agreement had such Insuring Agreement with Its agreements, con- ditions and limitations as of the time of such substitution been In force when the acts or defaults causing such loss were committed; and 131 recovery under such Insuring Agreement on account of such loss shall in no event exceed the amount which would have been recoverable under such Insuring Agreement In the amount for which it is written as of the time of such substitution, had such Insuring Agreement been in force when such acts or defaults were committed, or the amount which would hove been recoverable under such prior bond had such prior bond continued in force until the discovery of such loss H the latter amount be smaller THE FOREGOING INSURING (AGREEMENTS AND GENERAL AGREEMENT ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: - DEFINITIDNS I for other losses under the applicable Insuring Agreement, Section 1. The following terms,as used In'this Bond,shall whenever sustained; provided, however, that the Surety's total we the respective meanings stated in this Section: liability under each such Insuring Agreement for any loss caused "Employee" as used in insuring Agreements I and 2 by any Employee or in which such Employee is concerned or means a person while In the employ of the Insured during implicated Is limited to the applicable amount of indemnity the Bond Period who is not required by low to give bond specified in the Table of Limits of Liability conditioned for the faithful performance of his duties end Indemnification by the Surety for any loss under Insuring who is a member of the staff or personnel of the Insured Agreement 2 or 4 shall not reduce the Surety's liability for but does not mean any Treasurer or Tax Collector by what- other losses under the applicable Insuring Agreement, when. ever title known. I ever sustained; provided, however, the Surety's total liability "Employee" as used In Insuring Agreements 3 and 4 under each such Insuring Agreement as no each Employee is means a person while in the employ of the'Insured during limited to the applicable amount of indemnity specified in the the Bond Period who is not required by law to furnish Table of Limits of Liability an Individual Bond to qualify for office and who Is a member Regordiess of the number of years this Bond shall continue of the staff or personnel of the Insured but'does not mean In force and the number of premiums which shall be payable any Treasurer or Tax Collector by whatever title known or paid, the limit of the Surety's liability as Y� ry specified in the UNIDENTIFIABLE EMPLOYEE' Table of Limits of Liability shell not be cumulative from year Section 2, In case a loss Is alleged to have been caused to year or period to period,. the Insured through acts or defaults by an:Employee cov• LIMIT OF LIABILITY UNDER THIS BOND ed under an applicable Insuring.•Agreement of this Bond, vile such Insuring Agreement is in full force'and affect and -AND ANY PRIOR BOND e Insured shall be unable to designate the specific Employee Section 5. With respect to loss under Insuring Agreement using such loss, the Insured shall nevertheless have the I or 3 caused by any Employee or in which such Employee Is :merit of such Insuring Agreement provided that the evidence concerned or implicated or which is chargeable to such Em• bmitted reasonably establishes that the loss was In fact pfoyee as provided In Section 2 of this Bond and with respect used by such Employee through such acts or defaults and to loss under insuring Agreement 2 or 4 caused by any Em- ovided, further, that regardless of the number of such Em- ployee or which Is chargeable to such Employee as provided In syees concerned or implicated in such loss,, the aggregate Section 2 of this Bond and with respect to loss under any Witty of the Surety for arty such loss shall not exceed the Insuring Agreement which occurs partly during the Bond Period 'stunt stated ri Item 4 of the Declarations applicable to such and partly during the period of other bonds Issued by the Surety swing 1 to the Insured or to any predecessor In interest of the Insured EXCLUSION and terminated or canceled or allowed to expire and in which the Section 3. This Bond does not cover any loss sustained by, period specified therein for bringing suit, action or proceeding caused to,the Insured under circumstances::hereby and to the any period p or if a such period c ble statue therein,then within t amount which the Obligee or the Insured voluntarily under- not period prescribed by the applicable statute o!limitations,has tee or is obligated by law to exonerate or indemnify any of noT expired at the time such loss thereunder Is discovered, t Employees against liability incurred by them In the perform- the total liability of the Surety under this Bond and under such ce of their duties I other bonds shall not exceed, In the aggregate, the amount carried under the applicable Insuring Agreement of this Bond LIMITS OF LIABILITY 11 on such toss or the amount available to the Insured under such Section 4, Indemnification by the Surety for any loss under other bonds, as limited by the terms and conditions thereof. suing Agreement 1 or 3 shall not reduce the Surety's liability for any such loss if the latter amount be larger i 1 ".4 RIDER 11 To be attached to and form part of Bond No. Fs 77572 Obligee Orange County Board of Commissioners 1 Insured Orange Count Board of Commissioners • It is agreed that: •••' 1 Section 3 of the Bond is deleted and replaced by the following: EXCLUSIONS Section 3 This Bond does not cover toss to the Insured as a result of: (a) liability imposed upon or assumed by the Insured to exonerate or indemnify an Employee from or against liabilit incurred by such Employee in the performance of duties; or (b) damages for which the Insured is legally liable as a result of: (i) the deprivation Of violation of the civil rights of any person by an Employee; or (II) the tOious conduct of an Employee,except conversion of property of other parties held by ttle Insured in any capacity The Surely shall ilot be liable under this Bond for loss sustained by any party other than the Insured as a result of any act or omission of an Employee whether or not such act or omission occurred in the performance of the duties by the Employee. • 2. Section 7 of the Bond is deleted and replaced by the following: • LOSS — LEGAL PROCEEDINGS Section 7 This Bond is for the sale benefit of the Obligee for the use and benefit of the Insured No suit, action or proceeding of any kind to recover on account of loss under this Bond may be brought by anyone other than thel Obligee or the Insured; any such suit. action or proceeding must be brought prior to the expiration of thee years from the cancelation of this Bond as an entirety, provided, however, that if such time limitation for bringing suit, action or proceeding is prohibited or made void by any law controlling the constniction of this Bond, such time limitation shall be deemed to be amended so as to be equal to the minimum period of the limitation permitted by such law 3. This rider is effective as of January 5, 19B3 DAMAGES SOLE DEDIEFTT R.DE11 FOR USE WITH PUBLIC EMPLOYEES IBLANKET BOND ANO PUBLIC SCHOOL SYSTEM EMPLOYEES BLANKET EONS. ADOPTED DECEMBER 1977 SR G071 Prfnletl M U BA 9.11 CANCELATIOI$ notice either by the Obligee or if Insured b the (Surety i shall be equivalent to mailing. Section b. This Bond shall be chimed canceled as to any cancels earned premium shall be computed in accordance with Employee:Immediately the customary than rate table and procedure.Pe.rota, SuretY la) Immediately upon discovery by the Obligee or the Insured cancels,tamed premium shalt be computed of any act on the port of such Employee which would adjustments may be made of the time rancelalion is effective constitute a liability of the Surety under the applicable or as soon practierble unearned celrerrh um Is °a condition effective, Insuring Agreement covering shkrth Employee; but payment (b) Upon the death, resignation or removal of such Ern' of cf o Ya°onc pt 12 or the cancelation Provisions sat forth In either or (c) At 12 o'clock night upon the effective date specified bath of the foregoing paragraphs of this Section are prohibited In a written notice mailed to the Obligee and the In- or made void by any law controlling the construction of this sured. Such date shall be not ess than thirty-days after Bond, such provisions to the extent they are so prohibited the data of mailing, The mailing by the Surety of or made void shall ba deemed to be nullified and of no effect notice as aforesald to the Obligee and the insured shall LEGAL PROCEEDINGS be sufficient proof of notice. Delivery of such written notice by the Surety shall be equivalent to mailing. recover Section on account Nt. suit.t loss under proceeding s edin shall be kind to mailing Bond may et canceled ri to notice to tang when or the Insured by mailing ro the Surety written++once statln when thereafter the after the expiration of three years from the eancelativn of this mailing to the Obligee and the Insured written for bringing suit, action or proceeding Vs prohibited or made cancelatiorr shall be effective. This Mond may be canceled by Bond as on entirety provided,however, that If such limitation the Surety by thereafter, such void by any law controlling the construction of this Bond.such notice cancelation shell when, not live than thirty days said shall be sulfflctntiproo of The i 11e9very ofhsuch written Ito the hmin shall m period of the limitation permitted by such equal In witness whereof, the Surety has caused this Bond to be executed on the Declarations page. Mutual Cenerrfions. This bond Is non-_s'ssabl� bond holdersIsln member of tthhtehund waiter ns of shall rticippa1tedotrhet extent nt Board and upon the conditions fixed and determined by dividends so fbcod and determined !h Annual Meeting. The insured is hereby notified that by virtue of this band nt any andemberrheeti the of said Pennsylvania National The Annual Casualty of Insurance p ny are and ais t entitled to vote in the in person rr or by proxy Y Meetings of the company are held°t its Home Office in the City of Harrisburg. Pa. on the second Monday of April In each year and the inclusion of this notice In this bend, shall constitute notice to the member of the Annul Meeting. { — — ----- - ...00/' E I I " ., ' RIDER To be attached to and foln part of Bond No. rEs 77572 '.." 1 in favor of Orange County Board of Commissioners It is agreed that: Insured The Underwriter gives its consent to the change of the Name or Principal Address of the 1.-..' from 1 Orange County Board of Commissioners ';'.; ._ ...,....... ..... , to Orange county , 1 i 1 1.. ir PROVIDED,however,that the Inability of the Underwriter under the attached bond and under the attached bond as changed by this rider shall not be cumulative i .12:0 . 2 This rider is effective as of/ 1 A M..pfogri3On March 21, 1983 Accepted: .P....!. .e.t.,.c....?..6.........4.?..t.TY..... ... ....... 1roort r.of Insured 0 12.4.1.J6e0- az pe.1..■?",, I ST old nom • rate4 If oorno,thartood By. efirr...1%.... ..eilie I TltIo i'""OLE.Al7f-di CHANGE OF NAME OR ALDRESS RIDER FOR USE WITH ALL FORMS OF STANDARD BONDS, CONSENT TO THE CHANGE IN NAME OR ADDRESS OF THE INSURED. REVISED TO MAY, 1957 5R 51516 Printed 61 USA g Nort.,winNoi,.... V MW■4444.4,44491444ettif Insured Orange County Board of Commissioners —./ ow moo.smut.A.INSOURSt Nman000t SE 5655 ! . . ORANGE COUNTY 100 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO,C.,--?(, MEETING DATE December 5. 1983 IJ SUBJECT: Project Ordinance .Amendment !DEPARTMENT: Finance PUIC HE A RIN [----BL G --YESX no I . . , — ATTACHMENT(S): Yes INFO R MATION CONTACT:Lonna Clayton PHONE NUMBERS: HILLSBOROUGH - 732-81BI HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 • DURHAM - 688-7331 PURPOSE: Acceptance of an additional Commmity Development grant. NEED: Community Development To accept additional funding for the Community Development Block Grant from the NOrtb Carolina Department of Natural Resources and Community Development, IMPACT: Community Development This amendment will increase the funds that are available for county community development projects to revitalize the Oouncilville Community. RECOMMENDATION(S): Approval. , • .1.-4117t i-gv; 0 if ORANZ COUNTY PROPOSED cammuNrry DEVELOPMENT AMENDMENT The 1980-81 Project Ordinance of Orange Counyt as adopted on December 1, 1980, and subsequently amended, is hereby amended as follows: AppropriationL Community Development V - Administration $ 96,900, - Rehabilitation 273,000. - Acqusition 88,600. - Street Improvements L56,500. - Clearance Activities 30,000, - Relocation Assistance 42,000. Source: Community Development V Grant $687,000, To accept additional funding for the Orange County Cammunity Development projects to revitalize the Couneilville Community. Approved this day of , 1983. 1 ORANGE COUNTY 102, BOARD OF COMMISSIONERS ACTION AGENDA [5, ACTION AGENDA ITEM ABSTRACT ITEM MEETING DATE .December-5. 1981 SUBJECT: Data Processing Budget Amendment DEPARTMENT: Financei PUBLIC HEARING: YES NO 11 ATTACHMENT(S): Yes INFORMATION CONTACT: Wallace Harding PHONE NUMBERS: HILLSBOROUGH - 732:8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 . DURHAM - 68B-7331 PURPOSE: To amehd budget to reflect contract revenue from the Town of Carrboro ($7,60), Town of Hillsborough ($12,500), Orange County Board of Education ($5,500), nd Land Records Grant ($4,200). NEED: GENERAL FUND: In order to provide for the necessary expenditures in support of these p ojects, an appropriation is necessary. IMPACT: GENERAL FUND: Adherence to contracts. RECOMMENDATION(S): Approval. ORANGE COUNTY PROPOSED 1983-84 BUDGET AMENDMENT June 27, 1983 and subsequently amended, is hereby amended as follows: 1L FUND Appropriation: Data Processing - Capital $29,800- ' . Source: Data Processing Contract Services 25,600. Land Titles Grant 4,200, To budget for Data Processing contract revenue. AVbrnved this day of 1983. . � ' | | �___ | a- • . ORANGE COUNTY 104 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT ACTION AGENDA ITEM NO. MEETING DATE SUBJECT: Budget Amendments --------- DEPARTMENT' Finance PUBLIC HEARING- ' YES y NO ATTACHMENT(S): Ye..4 INFORMATION CONTACT: Donna Clayton PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE:- Considera 'on of proposed budget amendments, ; NEED: CZNERAL FUND! 1) To budget for additional federal funds that are available to the Orange County Department of Social. Services. 2) To budget for additional federal and state funds that are available to the Orange County Departsr_nt of Social Services, 3) To budget for additional funds from local municipalities and chamber of commerces for Economic Development, 4) To budget for the purchase of a washer, dryer, and parts for intercom systeM. IMPACT: GENERAL FUND: 1) This amendment will increase the amount of unappropriated fund balace for Orange County, 2) This miendmera: will increase the funds that are available to the Orange County Department of Social. Services. ' 3) This amendment will increase the funds for Economic Development, 4) This .inamimentwill increase the funds available in Sheriff Capital - Equipment for purchase of washer, dryer, and upgrading of intercom system. RECOMMENDATION(S): 1p 1. 1 106 ORANGE COUNTY PROPOSED 1983-84 BUDGET AMENDMENTS 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: ted FunthBalance Appropria ($10,721.) • Source:1 Social Services - Title XX 10,721. To budget for additional funds available to the Orange County Department of Social Services. The receipt of these additional funds replaces local funds; therefore, increasing Orange County's Unappropriated FUnd Balance. ' 2) Appropriation: Social Services - Subsidy - Day Care $39,187. Source: Social. Services - Subsidy 39,187. Tb budget folr additional funds available to the Orange County Department of Social Services as projected during the budget deliberations. 3) Appropriation: Economic Development $22,000. Source: Town of Mebane 3,000. Down of Carrboro 3,000. Town 8f Hillsborough 3,000. Town OfChapel Hill 3,000. Chapel Bill-Carrboro and Hillsborough (ihaMbers of Comer. 10,000. Tb budget for additional funds for Economic Development, 4) Appropriation: Jail. Fees - State ReiMbursement $ 4,500. Source. ' Sheriff - Capital - Equipment 4,500. To budget for purchase of washer, dryer, and intercam parts. Approved this 'claY of , 1983. ' ' ~ ` — ��� -�`.�� , ^' ��� -� � ^/�����`�'' ORANGE COUNTY - ~ 1 i» BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. G~/� ' /i MEETING DATE _December 5. 1983 SUBJECT: Repair and Construction - Cedar Grove and Northside Multipurpose Center ^__ PUBLIC HEARING: YES x NO ATTACHMENT(S): INFORMATION CONTACT: ---- ` � ManaVer's Office p,t 5no PHONE NUMBERS: HILLSBOROUGH - 782-001 HILLSBOROUGH - 732-9367 CHAPEL HILL - 967-9251 MEBANE - 227-2031 , DURHAM -..688-7331 PURPOSE: To consider an emergency repair need at Cedar Grove and parking lot cnn ytructiod at Northside. - NEGU: / ��r Grove Center A recent ampling of well water revealed an above-standard bacteria count due to a defective equipment seal. Measures were immediately taken to manually treat the water. In order for the situation to be corrected on would cover doing the following: at ^ - which— 1. Felocate pump, control and piping. 2. Install new type clorinator, seal, switch, control wiring,dnd piping. valve, 3. Build a new pump enclosure. The work s ould be done during the Christmas holidays as it will take shutting off the water when the building is not being used. yorthside Multipurpose Center ' ' Full functliloning of the Center together with overflow parking from the Day Treatment has created the need to enlarge the parking lot. An application has been submitted to the Chapel Hill Planning Board to amend p='�." `v utilizing gravel andcreosotedpmle borders and cement walkway extension the cost wduld be approximately $3,000. Paving would be done at a later date with the gravel serving as a getting IMPACT: The 1983-81 Capital Fund is $469,400 of which $47,980 was undesignated as of November 1, 1983. Matching the new Outdoor Recreation grant will require re$|4 .e amount. To approve the above repair and construction needs reduce the undesj a� cap1tal � �4,��. RECOMMENDATIONCS); Approve the additional projects Grove repair at $6,000 and Northside parking lot construction at $3,000) to be paYd for out of the undesignated portion of the capital fund. � + . \ / - 7 -'""liIll"I1M■MlIllM ORANGE COUNTY '101 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO, (..-z.e; ----i---- MEETING DATE DECEMBER 5, 1983 ':. SUBJECT: ADDITION TO PUBLIC HEARING SCHEDULED FOR JANUARY 23, 1984 .....____ . PiPARTMENT: PLANNING PUBLIC HEARING: , YES x NO _________ , , _______ __- ATTACHMENT(S): INFORMATION CONTACT: SUSAN SMITH ... PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 - CHAPEL HILL - 967-9251 MEBANE - 227-2031 . DURHAM - 688-7331 ii. PURPOSE: lb consider addingto the speCial public hearing scheduled for January 23, 1983 a request for arendrent to the adopted Land Use Plan-and a request for a rezoning • NEED: An applicant fo Iserendrent to the adopted Land Use Plan for a parcel ] . of property on Eubanks Road in Chapel Hill Township froaRural Blffer , to Twenty Year Transitip)bas requested that the request be considered at the January 1984 pub lc hearing ,1 g-( Zet4 ''' In addition an applicant requestirezoningfrorrH-1 to 0C-4 General ConTercigl for a parcel of land located on NC 86 in Hillsborout Townshipj has also'requested consideration at the sane public hearing: IMPACT: A special public bearing;has been scheduled for the ronth of January. The aLenda for the 'public hearineincludes proposals for the I-40 corridor and Consideration of a rezoninEin Rillsborougl Tawnship. The addition of the twc requests to the aLenda would allow consideration of the proposals . at an'earIier date. 1 RECOMMENDATION(S): As the Board decides. Manalll■•■■--______