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Agenda - 11-05-1990
± "J w ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL MONDAY, NOVEMBER 5, 1990 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE OLD COUNTY COURTHOUSE CLERK'S OFFICE. HILLSBOROUGH, NC NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732 -8181 or 968 -4501. I. BOARD COMMENTS II. COUNTY MANAGER'S REPORT III. ADDITIONS OR CHANGES TO THE AGENDA IV. AUDIENCE COMMENTS A. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked.) Be Matters not on the Printed Agenda PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control: Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. V. ITEM FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Annual Contributions Contract -- Section 8 Certificate /Voucher Program B. Budget Ordinance Amendment #5 C. Housing Rehabilitation Contract Awards D. Rencher Street CDBG Financial Status Update E. Human Relations Commission -- Approval of By -Laws .► A. Rencher Street CDBG Program Amendment IX. REPORTS A. Classification Study- -Phase I Report B. Telephone -- Extended Area Service X. ITEMS FOR DECISION-- RgGULAR AGENDA A. Property of Daniel and Edith Berry -- Partial Width Right -of -Way B. Master Client Index File Proposal and Agreement C. Subdivision Regulations Text Amendment -- Section IV- B- 1 - -Lot Standards D. Zoning Enforcement Cases (Civil Penalties) E. Advertisement -- December 11, 1990 Public Hearing F. Acquisition of Virginia Bartow Property Located on the Eno River in Hillsborough XI. "POINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION A. Property Acquisition B. County Claims - Claims Against County XIV. OURN ENT F. Cable TV System Ordinance Amendment G. Cable TV Franchise-- Cablevision of Durham (First Reading) H. Professional Services Contracts -- Agreements Between Orange County Health Department and the UNC Departments of Family Medicine, Obstetrics and Gynecology, Pediatrics and the School of Dentistry I. Professional Services Contract -- Agreement Between Orange County Health Department and Wake County Opportunities, Inc. J. Professional Services Contract -- Agreement Between Orange County Health Department and Orange Family Medical Group VI. RESOLUTIONS PROCLAMATIONS A. Proclamation Declaring November 14 Human Rights Day in Orange County B. Draft Legislation on Water Transfers VII. SPECIAL PRESENTATIONS VIII. PUBLIC HEARINGS A. Rencher Street CDBG Program Amendment IX. REPORTS A. Classification Study- -Phase I Report B. Telephone -- Extended Area Service X. ITEMS FOR DECISION-- RgGULAR AGENDA A. Property of Daniel and Edith Berry -- Partial Width Right -of -Way B. Master Client Index File Proposal and Agreement C. Subdivision Regulations Text Amendment -- Section IV- B- 1 - -Lot Standards D. Zoning Enforcement Cases (Civil Penalties) E. Advertisement -- December 11, 1990 Public Hearing F. Acquisition of Virginia Bartow Property Located on the Eno River in Hillsborough XI. "POINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION A. Property Acquisition B. County Claims - Claims Against County XIV. OURN ENT �I APPROVED 11120190 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 5, 1990 The Orange County Board of Commissioners met in regular session on November 5, 1990 at 7:30 p.m. in the Courtroom of the Old Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice -Chair Stephen Halkiotis, Commissioners John Hartwell (arrived at 7:45), Shirley E. Marshall and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Economic Development Director Ted Abernathy, Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, Housing Services Director Tara Fikes, Personnel Director Elaine Holmes, Planners Jim Hinkley, Don Powell and Mary Scearbo, Secretary V Teresa Pope, Public Works Director Wilbert McAdoo, County Engineer Paul Thames, and Budget Administrator Rod Visser. NOTE: All items referenced in these minutes are in the permanent agenda file in the Clerk's Office. I. BOARD COMMENTS - None II. COUNTY MANAGER'S REPORT - None III. ADDITIONS OR CHANGES TO THE AGENDA Item XII - Minutes were deleted from the agenda. A change order for the Old Courthouse landscaping was added as item X -G. One appointment was added for a representative to the Aids Service Agency of Orange County. The case of Hoyle King was deleted from item X -D IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Those citizens in the audience who wish to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - None PUBLIC CHARGE Chairman Moses Carey, Jr. read the Public Charge. V. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below: V. 2 A. ANNUAL CONTRIBUTIONS CONTRACT - SECTION 8 CERTIFICATE ZVOUCHER PROGRAM To adopt a resolution as stated below authorizing the Chair to sign an Annual Contributions Contract for the Section 8 Existing Certificate and Voucher Program on behalf of the Board. This amendment to the Annual Contributions Contract provides an additional $128,414 to be used in the Section 8 Existing Voucher Program. This will enable the Housing and Community Development Department to provide rental assistance to 37 additional families in the County. RESOLUTION AUTHORISING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the Orange County Housing Authority (herein called the "PHA ") proposes to enter into an Annual Contributions Contract (herein called the "Contract ") with the United States of America, Department of Housing and Urban Development (herein called the "Government "). NOW, THEREFORE BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A- 2903 -E, is hereby approved and accepted both as to form and substance and the Chairman is hereby authorized and directed to execute said Contract in triplicate on behalf of the PHA, and the Chairman is hereby authorized and directed to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The Chairman is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This resolution shall take effect immediately. B. BUDGET ORDINANCE AMENDMENT 15 To approve amendments to the 1990 --91 Budget Ordinance, a grant project ordinance and two capital project ordinances. LITTLE RIVER FIRE DISTRICT FUND Source - Appropriated Fund Balance Appropriation - Remittance to Little River Fire District (To appropriate unappropriated fund balance for the Little River Fire District). GENERAL FUND Source Intergovernmental $ 10,000 $ 10,000 $ 480 3 Appropriation - Human Services 480 (To budget for additional funds awarded to the Health Department) SECTION 8 PROGRAM BLOCK GRANT GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the Housing Authority project as described in the work statement contained in the grant agreements NC- 19-- K104001 -001, NC- 19- V104001 -002 and NC -19- E104001 -008 between this unit and the U.S. Department of Housing and Urban Development. This project is more familiarly known as the 1990 -91 Section 8 Project. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the U.S. Department of Housing and Urban Development and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental: Existing $1,700,519 Moderate Rehab 450,750 Voucher 490,958 Total Revenue $2,642,227 Section 4 The following amounts are appropriated for this project: Rental Assistance: Existing $1,537,482 Moderate Rehab 410,412 Voucher 454,642 Administration: Existing 163,037 Moderate Rehab 40,338 Voucher 36,_316 Total Appropriations $2,642,227 Section S. This ordinance supersedes all previous Section 8 Program Grant Project Ordinances. Section 6. The finance officer is hereby directed to maintain within the Section 8 Fund sufficient specific detailed accounting records to provide the accounting records to provide the 4 accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 7. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section S. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. ASBESTOS REMOVAL PROJECT CHAPEL HILL - CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized provides for removal of asbestos from various facilities within the Chapel Hill - Carrboro City School System. The project will be financed by an appropriation from the School Capital Reserve Fund. section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from School Capital $ 340,000 Reserve Fund Section 4. The following amount is appropriated for this project: Asbestos Removal Project $ 340,000 Section 5. This ordinance supersedes all previous Chapel Hill - Carrboro City Schools Asbestos Removal Capital Project ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1991. FIREFLOW REQUIREMENTS PROJECT CHAPEL HILL- CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the 5 following capital project is hereby adopted. Section 1. The project authorized provides for construction of water lines at Seawell Elementary and Chapel Hill High Schools in order for them to meet Town of Chapel Hill code requirements. The project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from School Capital $ 290,000 Reserve Fund Section 4. The following amount is appropriated for this project: Fireflow Requirements Project $ 290,000 Section S. This ordinance supersedes all previous Firef low Requirements Capital Project ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1991. below: C. HOUSING REHABILITATION CONTRACT AWARDS To approve five housing rehabilitation contracts as listed Dwelling Unit Bid Amount Contractor 116 $ 7,475.00 Taylor Home Improvements #18 $ 21,653.00 Morrow Construction Co. #19 $ 21,501.00 J. W. Thames Construction 122 $ 21,253.00 Morrow Construction Co. #23 $ 20,154.00 Property Services D. RENCHER STREET CDBG FINANCIAL STATUS UPDATE This report was presented for information only. Expenditures to date total $498,045. The public facilities improvements are near completion. Five houses have been completely rehabilitated. E. HUMAN RELATIONS COMMISSION - APPROVAL OF BY -LAWS To approve the Human Relation Commission bylaws as presented. F. CABLE TV SYSTEM ORDINANCE AMENDMENT - FIRST READING To approve amending Section XVI (a) (vi) of the Cable TV System Ordinance. This was approved on first reading. G. CABLE TV FRANCHISE - CABLEVISION OF DURHAM - FIRST READING To approve the first reading of the Cable TV Franchise 6 Ordinance between Cablevision of Durham and the County. (This Franchise will be incorporated into the minutes by reference after approval of the second reading). H. PROFESSIONAL SERVICES CONTRACTS - AGREEMENTS BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE UNC DEPARTMENTS OF FAMILY MEDICINE OBSTETRICS AND GYNECOLOGY PEDIATRICS AND THE SCHOOL OF DENTISTRY To approve and authorize the Chair to sign medical and dental professional services contracts for the Health Department clinics. I. PROFESSIONAL SERVICES CONTRACT - AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND WAKE COUNTY OPPORTUNITIES INC. To approve and authorize the Chair to sign the agreement between Wake County Opportunities, Inc. and the orange County Health Department to provide dental services to the children attending the Cedar Grove Headstart Center operated by Wake County Opportunities, Inc. The County will be reimbursed $5,600 for providing these services. J. PROFESSIONAL SERVICES CONTRACT - AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND ORANGE FAMILY MEDICAL GROUP To approve and authorize the Chair to sign an agreement between Orange County Health Department and the orange Family Medical Group to provide family medical professional services to improve the care of patients in the Department's Child Health clinic. The total cost of the contract is $7,140. VOTE: UNANIMOUS VI. RESOLUTIONS PROCLAMATIONS A. PROCLAMATION DECLARING HUMAN RIGHTS DAY IN ORANGE COUNTY Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to proclaim November 14th as Human Rights Day in Orange County and authorize the Chair to sign said proclamation. P R O C L A M A T I O N WHEREAS, it is necessary for the community of Orange County of North Carolina to recognize the need for understanding, tolerance, and celebration for human diversity and, WHEREAS, it is within the scope of leadership of the County Commissioners to declare a day of recognition of these values. BE IT RESOLVED THEN that the Orange County Board of Commissioners proclaims Wednesday, the 14th day of November as "Orange County Human Rights Day ". VOTE: UNANIMOUS B. DRAFT LEGISLATION ON WATER TRANSFERS Lois Herring, Chair of the OWASA Board, read a prepared statement. In essence OWASA is against the legislation under review by 7 the Surface Water Study Committee. OWASA is very concerned about the possible effects of such a bill on water management in Orange County. In order to increase the current levels of water transferred from OWASA to Hillsborough, Hillsborough would have to go through a 13 -point permitting process. She asked the Board's assistance in opposing this proposed legislation. JOHN HARTWELL arrived at 7:45. Commissioner Hartwell emphasized that the bill is vague, subjective and sometimes inconsistent which makes it difficult to determine its probably impact upon the environment, the economy or the operations of local government in our region. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to adopt the resolution as stated below and authorize the Chair to sign. RESOLUTION REGARDING DRAFT LEGISLATION ON WATER TRANSFERS WHEREAS, the North Carolina General Assembly's Surface Water Study Committee will consider on November 8, 1990 legislation to restrict water transfers, and WHEREAS, the Orange County Board of Commissioners has a long standing commitment to improving the quality of life for County citizens through the wise and environmentally sensitive management of water resources, and WHEREAS, the Board has reviewed the draft bill and found it potentially detrimental to both the ecology and the economy of Orange County, Now, THEREFORE, be it resolved: 1. That the Board of Commissioners requests that members of the Surface Water Study Committee and legislators representing Orange County oppose adoption of the draft legislation, and 2. That the Board requests that the legislature review state water law comprehensively and revise it as needed so as to bring consistency to its parts, to ensure that the capacities of streams and lakes are respected, and to encourage the efficient use of water supply resources for the benefit of all North Carolina citizens. VOTE: UNANIMOUS VII. SPECIAL PRESENTATIONS - NONE VIII. PUBLIC HEARINGS A. RENCHER STREET CDBG PROGRAM AMENDMENT 8 Tara Fikes presented for citizen comments a Community Development Block Grant Program Amendment for the Rencher Street Community. Because of the extensive repairs required for one dwelling unit in the Rencher Street area, it is necessary to temporarily relocate the occupant during housing rehabilitation. The original Rencher Street budget does not include a line item for relocation and therefore there is a need to create a budget for this purpose. Since there were no citizen comments, motion was made by Commissioner Hartwell, seconded by Chairman Carey to close the public hearing. VOTE: UNANIMOUS Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to authorize submission of the CDBG Program Amendment for the Rencher Street Community to the N.C. Department of Economic and Community Development Department and authorize the Chair to sign the amendment documents on behalf of the Board. VOTE: UNANIMOUS I8. REPORTS A. CLASSIFICATION STUDY - PHASE I REPORT John Link stated that the purpose of this study was to review and evaluate all positions to determine the proper position classification and salary grade and to prepare job specifications for each class of positions based on current job duties and requirements. Also, they looked at the salary ranges to be sure they were competitive within the present labor market. Personnel Director Elaine Holmes explained that the study is being carried out in three phases. Phase one includes all County positions except those in the departments of Health and Social Services. Phase two includes those positions in the departments of Health and Social Services and phase three is the pay equity study. Phase one has been completed. The position classification plan has been developed and the salary survey of the area labor market as well as the internal salary relationship has been looked at and the results have been analyzed. The salary ranges were found to be generally competitive and the position classification plan was relatively current and as a result of that the cost to implement the study is estimated to be $35,000 for the remainder of this fiscal year. No employee's salary will be reduced by the study. Of the 290 employees there are about 41 employees or 14% of the salaries that will increase as a result of the study. Commissioner Halkiotis stated he has had some questions from employees who fall in the range of 62 to 66. He understands there will be a review of what has been proposed. He is concerned about those that increased in grade from 62 to 68 and also those positions in the Sheriff's office including the position of Major. He questioned the classification of the two employees in the County Manager's office going from Administrative Secretaries to Administration Assistants. He will reserve any further comments until the due process procedure is followed. 9 John Link stated that these concerns will be addressed during the second phase of the study along with Social Services and Health. There are also some positions which have had a change of scope which will be addressed. John Link stressed that he wants to be sensitive to every employee's concern about this study. He would like to bring this item back at the next meeting with the effective date of January 1. Commissioner Willhoit questioned the fact that the existing pay range does not seem to be a common fact between the low range and the high range. The high range is approximately 50% above the low side but does not appear to be uniform. Mr. Maxwell explained that the County has a larger spread from minimum to maximum than the survey average would show. The average is 55 -50% and the survey average is 45%. The other reason is that some of the organizations have a smaller spread and the average would be shorter. He referred to the agenda abstract and the fact that 124 employees were recommended for an increase in grade level but of those employees only 31 will actually receive a salary increase. John Link stated that there were 124 recommended for a salary grade increase. However, they will not receive a salary increase. Twenty -two salaries will increase because their job has been reclassified and the other 9 employees' current salary is below the first step of the new salary range. In answer to a question from Commissioner Willhoit about the difference between a reclassification and a grade change, John Maxwell explained that some would have a title change and some would just have the same title but the data would show that their salary grade should be moved up. Those employees are making salaries already that are in the range even though the range changes, their salary is not going to increase because their existing salary is already within their new range. However, there are some employees whose existing salaries are below the minimum of the new grade. All other questions may be directed to the County Manager. 8. TELEPHONE - EXTENDED AREA SERVICE John Link and Rod Visser, with the use of transparencies, illustrated the proposals from Southern Bell and Centel for toll -free Couyntywide Extended Area Telephone service. One proposal is a measured service approach at reduced toll charges and the other option is a countywide extended area service proposal by the phone companies that would cover their toll revenue over a period of time. Historically, the Utilities Commission has addressed petitions for extended area service in this state without consideration for recovery of tolls for the phone companies. They have pursued fixed rates that would cover the cost of equipment and processing of extended area service process. The question is should the County accept the proposal that has been made by the phone companies or proceed with a petition to the Utilities Commission seeking a traditional EAS approach with reduced tolls based on not recovering all toll charges for the phone companies. Rod Visser reviewed the proposals by the phone companies and compared their rates with the rates as suggested by Orange County. Mr. Henry Whitfield emphatically spoke in support of the County's proposal. Ful Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to petition the North Carolina Utilities Commission to add an orange County EAS to existing service with no toll lost recovery in exchanges that serve inside orange County, plus the portion of Chapel Hill in Durham County, RTP and RDU, and to allow the phone users to vote on the Orange County proposal. VOTE: UNANIMOUS S. ITEMS FOR DECISION - REGULAR AGENDA A. PROPERTY OF DANIEL AND EDITH BERRY - PARTIAL WIDTH RIGHT -OF- WAY Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve a partial width right -of -way as requested for the private road. VOTE: UNANIMOUS B. MASTER CLIENT INDEX FILE PROPOSAL AND AGREEMENT Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve and authorize the Chair to sign the proposal and work agreement with Human Services Research and Design Laboratory at a cost of $15,510. VOTE: UNANIMOUS C. SUBDIVISION REGULATIONS TEXT AMENDMENT - SECTION IV -B -1 LOT STANDARDS This amendment to the Subdivision regulations establishes minimum lot sizes needed to accommodate various types of wastewater disposal and water supply. It also establishes a minimum lot size for lots served by public water or sewer, but not both. It is also recommended that 40,000 square feet remain the minimum lot size where a well and septic tank are used, 30,000 square feet where there is a septic tank but no well, and 15,000 square feet where there is both public water and sewer. A septic easement would require an additional 20,000 square feet. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the following amendments: IV -B -1 LOT STANDARDS (1) Lots served by individual sewage disposal systems and private or community wells shall contain at least 40,000 square feet. (2) Lots served by public water and public sewer shall contain at least 15,000 square feet. (3) Lots located within zoned townships shall contain the minimum lot area required by the Orange County Zoning Ordinance. (4) Any lot which provides an easement for individual septic disposal for use by a different lot shall contain the minimum area required for that lot plus an additional 20,000 square feet to accommodate the septic easement. VOTE: UNANIMOUS 11 D. ZONING ENFORCEMENT CASES CIVIL PENALTIES Jim Hinkley, Zoning Enforcement Officer, presented for consideration of approval a request that the Board of County Commissioners make written demand for payment of Civil Penalties to six persons for violations of the Orange County Zoning Ordinance. Nathan McDuffie, Paul G. Scurlock, Chris McMillan and Mr. and Mrs. Ralph Turner all spoke in defense of the violations and the civil penalties assessed against them. Orin Pilkey spoke in support of the civil penalties levied against Paul G. Scurlock. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to give the four persons listed above until November 28 to bring their property into compliance to the satisfaction of the Planning Department; to make written demand for payment of Civil Penalties to Clara Bunn Garrett and Howard and Rebecca D. Williams and to bring back to the Board on December 3 a report on the status of the four cases that were given additional time. VOTE: UNANIMOUS NOTE: COMMISSIONER HALKIOTIS WAS EXCUSED FROM THE MEETING E. ADVERTISEMENT - DECEMBER 11 1990 PUBLIC HEARING Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the advertisement for the December 11 Quarterly Public Hearing with two deletions: (1) amendments referring to Large Day Care Homes, and (2) fee waiver proposal for public agencies and non - profit Housing Organizations. VOTE: UNANIMOUS F. ACQUISITION OF VIRGINIA BARTOW PROPERTY LOCATED ON THE ENO RIVER IN HILLSBOROUGH Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the purchase of 2.16 acres which is located in Hillsborough approximately 150 feet east of Churton Street just north of the Eno River and about 300 feet south of Margaret Lane for $59,690. VOTE: UNANIMOUS ADDED ITEM G. OLD COURTHOUSE LANDSCAPING CAPITAL PROJECT Wilbert McAdoo explained that Phase II would consist of repairing the walk on Churton Street and tree plantings for a total of $31,750. An additional $18,852 will be required to do the project. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the necessary change order to the Old Courthouse Landscaping construction contract and adopt the capital project ordinance as stated below to authorize completion of both Phases I and II of the project. OLD COURTHOUSE LANDSCAPING PROJECT CAPITAL PROJECT ORDINANCE kvl= Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section I. The project authorized is for the upgrading of the grounds surrounding the Old Courthouse. The project will be financed by appropriations from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital $ 77,852 Reserve Fund ' Section 4. The following amount is appropriated for this project: Old Courthouse Landscaping $ 77 852 Project ' Section 5. This ordinance supersedes all previous Old Courthouse Landscaping Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1994. VOTE: UNANIMOUS XI. APPOINTMENTS The following appointments were approved: COMMISSION FOR WOMEN - Joyce Roland DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Richard Hildebrandt as Liaison with the Advisory Board on Aging and Bonnie Gates to an AT LARGE vacancy. AIDS SERVICE AGENCY OF ORANGE COUNTY - Jean Bolduc XII. MINUTES DELETE %III. EXECUTIVE SESSION Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to go into Executive Session to discuss property acquisition and county claims. VOTE: UNANIMOUS 13 Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to go back into regular session to adjourn. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to come before the Board, Chairman Moses Carey, Jr., adjourned the meeting. The next regular meeting will be held on Tuesday, November 20, 1990 at 7:30 p.m. in the courtroom of the old Post office in Chapel Hill. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk 1 M ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No . y=A ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Annual Contributions Contract Section 8 Certificate /Voucher Program DEPARTMENT: Housing /Community Dev. PUBLIC HEARING YES: NO: x ATTACHMENT(S): __ INFORMATION CONTACT: Tara L. Pikes HUD Resolution Annual Contributions Contract TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -9501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To adopt a resolution authorizing the execution of an Annual Contributions Contract for the Section 8 Existing Certificate and Voucher Program. BACKGROUND: On October 5, 1990, the County received from the Department of Housing and Urban Development an additional allocation of 15 certificates with budget authority in the amount of $82,308. We also received an additional allocation of 22 vouchers to be used in our Section 8 Existing Voucher Program. The voucher budget authority will be increased by $128.414. This will enable the Housing and Community Development Department to provide rental assistance to 37 additional families in the County. Presently, the County has budget authority for 388 certificates and 82 vouchers. This new allocation will increase these numbers to 403 certificats and 104 vouchers. In order to receive these new allocations, two Annual Contributions Contract must be executed. This contract is an agreement between the County and HUD to provide housing assistance payments to eligible participants. RECOMMENDATION(S): Adopt a resolution authorizing the Chair to sign an Annual Contributions Contract for the Section 8 Existing Certificate and Voucher Program on behalf of the Board. ACC NUMBER: A -2903 - E AMENDMENT NO. 1 TO ANNUAL CONTRIBUTIONS CONTRACT This Amendment to the Annual Contributions Contract No. A -2903 - E (the "ACC ") is entered into between the UNITED STATES OF AMERICA, acting through the Department of Housing and Urban Development ( "HUD ") and the Orange County Housing Authority_ _ _ (the "PHA "). The parties agree as follows: 1. The columns appearing in Section 1.2.B. are revised to read as follows: Number of Bedrooms 0 1 2 3 4 Number of Units 1 72 (7 elderly) 219 99 12 Total 403 2. Exhibit II, attached to the ACC and dated 6/26/90, is deleted and a new Exhibit II, attached to this Amendment, is substituted therefor. 3. Except as specifically herein amended, all the terms and condi- tions of the ACC remain in full force and effect. PUBLIC HOUSING AGENCY By Signature ORANGE COUNTY HOUSING AUTHORITY Name of PHA Date signed Print or type name and official title of signatory UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT By_ Signature Date signed 2 �►.. ,:a► L � 3 ACC Part 1 Number: A -2903 - E EXHIBIT 11 Projects Auro riated in Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract authority. BA = Budget authority. PROJECT CA BA FIRST DATE LAST DATE UNIT NUMBER OF TERM OF TERM DISTRI- BUTION NC19 -E104- 001 $304,284.00 $4,565,412.00 10/18/76 10/17/91 OBR - 1 1BR - 52 2BR - 56 3BR - 17 Total 126 NC19 -E104 -009 $ 82,308.00 $ 411,540.00 1BR - 7 (eld.) 3BR - 8 Total 15 NC19 -E104 -901 $372,074.00 $ 744,148.00 09/01/89 06/30/91 N/A UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT Date signed Exhibit II:, Page 1 of 1 pages HUD 52520 B (August 1988) RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "Contract") with the United States of America, Department of Housing and Urban Development (herein called the "Government"). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. is hereby approved and accepted both as to form and substance and the is hereby authorized and directed (Title of Officer) to execute said Contract in triplicate on behalf of the PHA, and the is hereby authorized and directed (Title of Officer) to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The (Title of Officer) is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. 1 4 Consolidated U.S. Department of Housing and Urban Development Annual Contributions Contract offer of Housing S .��. Housing Voucher Program ACC Part 1 1.1. Definitions be entered subsequently b HUD �i Y Y , upon written notice by HUD A. ACC. As used in Part I of this CACC, "ACC" means the to the PHA. Annual Contributions Contract for each project. As used in L HUD may revise Exhibit I or Exhibit II at any tune, upon Part 11 of this CACC, " ACC" means the CACC. written notice by HUD to the PHA, to remove a project for B. CACC. Consolidated Annual Contributions Contract. which the AQC sum has expired, C. Contract Authority. The amount of contract authority for each project is listed in Exhibit 1 or Exhibit H of this CACC Part I (subject to redaction in accordance with section 1.4.13 and section 23 of dds CACC). D. Fiscal Year. The PHA Fiscal Year. E. HUD. U.S. Department of Housing and Urban Development. F. PHA. Public Housing Agency. G. Program. The PHA's Housing Voucher Program under the H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. I. Program Receipts. Amounts paid by HUD to the PHA for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. J. Project. A funding increment for the Program. 1.2. Housing Voucher Program. A. Projects in Program. The projects in the program are listed in Exhibit I and Exhibit U of this CACC Part I. (List all new projects in CACC Exhibit U.) B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month period ending .Tune 30 of each calendar year. (Insert the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an ACC with HUD.) 1.3. Term, A. The initial term of the ACC for each project shall be a term of five years beginning on the effective date of the ACC for the project. B. The first date and last date of the ACC term for each project is stated in Exhibit 1 or Exhibit II. F. The initial ACC term for any project may be extended by wddm agreement of the PHA and HUD. 1.4. Annual Contribution. A. Payment. HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose of HUD Payments. I. The annual contribution for the Program during a Fiscal Year shall be the sum of the amounts paid for each of the projects in the program. The HUD annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover. a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Payments for Program. I. Annual Limit on Payments for Program. Except for Payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for a project under section 1.42 during the Fiscal Year shall not be more than the contract authority for the project. The amount of contract authority reserved for each project in the Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance with section 1.4.1) and section 2.3 of this CACC). 2. Limit on Total Payments for Project During CACC Term. The total of HUD payments under section 1.4.8 for a prayed over the term of the CACC for the project (including any payments from the CACC reserve account as provided in section I A.E. but not including any payments under section I A.F) shall not be more than five times the contract authority for the project C. The fleet date of the ACC term for the project shall be a date as D. Reduction of Amount Payable. HUD may reduce the amount determined by HUD. payable by HUD for any project or for the program, and may D. If the first or Iast date of the ACC term for the project is not reduce the amount of the contract authority for any project, by entered before the CACC is signed by the PHA, the date may giving the PHA written notice of reduction in accordance with section 2.3 of this CACC. The notice by HUD may include a page 1o14 pages loan HUD - 52520 -0 (bee) ref. handbooks 7420 3 3 7420 i revision of Exhibit I or II to state the reduction in the amount 1.5. CACC. Of contract authority for a project. 6 A. The CACC consists of this CACC Part I (including LxI E. CACC Reserve Account. A CACC reserve account shall be and II) and the form ACC Pan II prescribed by HUD established and maintained by HUD, in an amount as Housing Cenificate Program and the Housing V determined by HUD. The CACC reserve account maybe used Program, designated as form HUD 52520 -E, and dated J by HUD for payment of any portion of the payment approved 1990. These documents constitute the whole CACC by HUD under section I A.B for the Fiscal Year. Proms F. Portability Procedures: Fees of Receiving PHA. In addition to the maximum payments under section 1.4.C, including payments fiarn the CACC reserve account under section 1 AM, HUD may approve additional payments to the PHA for the purpose of paying fees to mother PHA acting as receiving PHA in xtardance with HUD portability procedures. G. Sepwate ACC. HUD's commitment to make payments for each project listed in Exhibit 11 shall constitute a separate ACC. Signatures: Public Houses Agency name of Housing Agency: B. This CACC supersedes any previous Annual Contri Contract for the projects or Program. Matters rely Operation of the projects or Program under a previous Contributions Contract shall be governed by this CAG ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Signature & Data signed: by: vent or tyPe the name and offids) tide of signatory : United States of America Secretary of Housing and Urban Development Signature 3 Date signed: by: Print or type the name and official We of signatory )its I r the cher uary the Ions R to page 2 of 4 pages form HUD 75TI- ACC Par 7 �,...,,,..,.. I _ v I1 _ �1 Contract No. A- 2903 -V Exhibit First Dah Last Data Proud Number Contras! Authority($) of Term of Term NC19 -V104 -001 NC19 -V104 -002 $ 33,601.00 100,803.00 United States of America Secretary of Housing and Urban Development oaaa I of 4 nanpt 11/30/87 11/30/87 11/29/92 11/29/92 D.t. S+pnad Inrm NIIn.SjceA.r ACC Exhibit I Project Number, NC19 -V104 -003 NC19 -V104 -004 NC19 -V104 --005 Contract $ 85,764.00 94,500.00 128,414.00 United States of America Secretary of Housing and Urban Development Contract'No. A- 2903 -V Fka Ow Of TWM 04/01/89 11/01/89 papa 4 of 4 pages Last Ow" rrT"M 03/31/94 10/31/94 tte stroll: form 0 0-G I .1 Consolidated U.S. Department of Housing ^ and Urban Development Annual Contributions Contract Offmof Housing 7� r Housing Certificate Program and Housing Voucher Program 9 ACC Part 11 Contract No. A- 2903 -V 2.1. HUD Requirements. A. The PHA agrees to comply, and shall require owners to comply, with the requirements of the U.S. Housing Act of 1937 and all applicable HUD regulations and other requirements, including any amendments or changes in the Act or HUD requirements. B. The PHA shall comply with its HUD - approved administrative plan, equal opportunity housing plan and HUD - approved applicatigns for the Programs. C. The PHA shall use the fors required by HUD. D. The PHA shall proceed expeditiously with the Programs under this ACC. 2.2. Annual Contribution. B. The notice by HUD to the PHA shall state any reduction. pursuant to section 2.3.A of the ACC, in the amount of the annual contribution payable for any project or for the Pn am, and shall state any redaction in the amount of contract autttairy reserved by HUD four a project. The notice nay specify a revised unit distribution. HUD notice of reduction or revision shall constitute an amendment of the ACC. However, HUD shall not redree the amount of annual contribution payable by HUD for any project or for the Program, and shall not reduce the amount of contract authority reserved by HUD for a project. below the amount, as determined by HUD, necessary for dwelling units under contracts for housing assistance payments with owners on the date when the PHA receives the HUD notice. 2.4. A. The PHA shall submit to HUD each Fiscal Year an estimate of A. the annual contribution required for the Programs. The annual contribution estimate, and supporting data for the estimate, shall be submitted at such time and in such form as HUD may require, and are subject to HUD approval and revision. B. The PHA will requisition periodic payments on account of each annual contribution. The requisition shall be in the form prescribed by HUD. Each requisition shall include certification by the PHA that 1. Housing assistance payments have been made in accordance with contracts in the form prescribed by HUD and in accordance with HUD requirements; and 2. Units have been inspected by the PHA in accordance with HUD requirements. C. If HUD determines that payments by HUD to the PHA for a Fiscal Year exceed the amount of the annual contribution approved by HUD for the Fiscal Year, the excess shall be applied as determined by HUD. Such applications determined by HUD may include, but are not limited to, application of the excess payment against the amount of the annual contribution for a subsequent Fiscal Year. The PHA shall take any actions required by HUD respecting the excess payment, and shall, upon demand by HUD, promptly remit the excess payment to HUD. 2.3. Reduction in Annual Contribution Payable by HUD. A. Upon written notice by HUD to the PHA. HUD may reduce to an amount determined by HUD the amount of the annual contribution payable for any project or for the Program, and may reduce to an amount determined by HUD the contract authority reserved by HUD for any project included in the Program, if HUD determines that the PHA has failed to comply with any obligations under the ACC. Use of Program Receipts. The PHA shall use Program Receipts to provide decent, safe and sanitary housing for eligible families in compliance with the U.S. Housing Act of 1937 and all HUD requirements. Program Receipts may only be used to pay Program Expenditures. B. The PHA shall not make any Program Expenditures except in accordance with the annual contribution estimate and supporting data for such estimate as approved by HUD. C. The PHA shall maintain an Operating Reserve account that shalt be credited with the amount by which the total of administrative fees earned and interest earned on the Operating Reserve exceed PHA administrative expenses daring a Fiscal Year. In subsequent years, the PHA must use funds in the operating Reserve to pay administrative expenses in excess of Program Receipts. Notwithstanding the provisions of section 2.4.A, if there remain funds in the Operating Reserve, the PHA may use such funds for other housing purposes consistent with State and local law. However, HUD may prohibit use of funds in the Operating Reserve for other housing purposes if the PHA is not adequately administering its Housing Certificate Program or its Housing Voucher Program or has failed to comply with any of its obligations under the ACC. 2.S. Books of Account and Records; Reports. A. The PHA shall maintain complete and accurate books of amount and records for the Program. The books and records shall be in accordance with HUD requirements, and shall permit a speedy and effective audit. B. The PISA shall furnish HUD such financial, operating, and statistical reports. retards. statements, and documents at such times, in such form, and accompanied by such supporting data as required by HUD. Page 1 of 3 form HUD - 52520 -E (tNo) ref. handbook 7420.3 C. HUD and the Comptroller General of the United States, or their duly authorized representatives, shall have full and free access to all PHA offices and facilities, and to all the books, documents, papers, and records of the PHA that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts and transcripts from the books and records. D. The PHA shall be responsible for engaging and paying an independent public accountant for the snaking of audits as required by HUD. The cost of audits required by HUD may be charged against Program Receipts. 2.6. Depositary. A. The PHA shall enter into one or more agreements, which are collectively called the "Depositary Agreement', with 6nancisi institution which are selected as depositary by the PHA, and whose accounts are insured by an agency of the Federal Government. The. Depositary Agreement shall be in the form pmcribed by HUD and the PHA shall furnish to HUD such copies of the Depositary Agreement as HUD may require. B- All Program Receipts shall be promptly deposited with the Depositary under the Depositary Agreement unless otherwise required or 1wWtted by HUD. The PHA may withdraw Program Receipts subject to the Depositary Agreement only for use in connection with the Program in accordance with HUD regulations or other requirements. No withdrawal shall be made except in accordance with a voucher on file in the Office of the PHA stating in proper detail the purpose of the withdrawal. C. As required by HUD, PHA funds in excess of current needs shall be promptly remitted to HUD or shall be invested in accordance with HUD requirements. Interest on the investment of Program Receipts shall constitute Program Receipts. D. The Depositary Agreement shall provide that the provisions of the Depositary Agreement may not be terminated or changed without written consent by HUD, and that if required under a written notice from HUD to the Dep&tary, (1) the Depositary shall not permit any withdrawal by the PHA of funds held under the Depositary Agreement unless withdrawals by the PHA are expressly authorized by written notice from HUD to the Depositary, and (2) the Depositary shall permit withdrawals of such funds by HUD. L If approved by HUD, the PHA may deposit under the Depositary Agreement monies received or held by the PHA in connection with any contract between the PHA and HUD. 2.7. Default by PHA. A. Upon written notice to the PHA, HUD may take possession of all or any PHA property, rights or interests in caunection with the Pmgram, including funds held umdar the Depositary Agreeenent, Program Receipts, and rights or interests under a 10 contract f housing assistance payments with air owner, if L The PHA has failed to comply with any obligations under this ACC, or 2. The PHA has failed b comply with obligations under a contract for housing assistance payments with an owner, or has failed to take appropsiale action, to HUD's satisfactionar as directed by HUD, for enforcement of the PHA's rights under a contract for housing assistance payments (irncl g requiring actions by the owner to cure a default, terminate or reduction of housing assistance payments, termirnad the contract for housing asaastarnce payments, or recov of overpayments), or X The PHA has made any misrepresentation to of any material fare. HUD shall issue a notice d the PHA giving the Palk a reasonable opportunity to tote corrective action before takes possession of PHA property, rights or interests Unft this section 2.7.A. B. If HUD has taken possession of PHA property, rights or interests under section 2.7.A, HUD shall redeliver pass= ion of the property, rights or interests as constituted at the tin of the return when HUD is satisfied that all defaults have Wen cured, and that the PrOrm will thereafter be adink.istered in accordance with this ACC C. HUD's exercise or non - exercise of any right or remedy under the ACC shall not constitute a waiver of HUD's right to exercise that or any other right or remedy at any time. D. During the term of this ACC, HUD shall continue to y annual contributions for the purpose of making hoes ing assistance payment's with respect to dwelling units un Jer contracts with owners, entered into by the PHA in the f rm prescribed by HUD and in accordance with HUD regulati ns and other requirements. The housing assistance pay me is shall be made in accordance with the terms of such con tc. 2.& Fidelity Bond Coverage. The PHA shall carry adequate fidelity bond coverage, as required by HUD, of its officers, agents or employees handling cash or authorized to sign checks or certify vouchers. 2.9. Nondiscrimination in Housing. A. The PHA shall comply with the nondiscriminat: requirements of Title VI of the Civil Rights Act of 1S prohibiting discrimination based on race, color or natio origin and Executive Order 11063 with respect to th provisions prohibiting discrimination based on religion or s and with implemenning HUD regulations. B. The PHA shall comply with Title VIII of the Civil Rights i of 1968 which prohibits discrimination in the sale, rental financing of housing on the basis of race, color, religion, s handicap, familial status or national origin and with a implementing regulations. C. The PHA shall comply with Section 504 of the Rehabil Act of 1973, as amended. which prohibits discrimi Page 2 of 3 form against handicapped persons who would otherwise qualify to participate in the Program and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. D. Unwed parents, families with children born out of wedlock, and fel-ciPiefla of public assistance shall not be excluded from participation in or be denied the benefit of the Program because of such status. 2.10. Equal Employment Opportunity. A. The PHA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, handicap or national origin. The PHA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, coed, religion, sex, handkap or national origin. Such action shall include, but not be limited to, the following. employment, upgrading, demotion. or transfer, recruitment or recruitment advertising layoff or lamination; rates of pay ar other farms of compensation; and selection for training, including apprenticeship. B. The PHA agrees to post in corupicuous places, available to employees and applicants for employment, notices to be Provided by HUD setting forth the provisions of this nondiscrimination clause. Tine PHA will in all solicitations or advertisements for employees placed by or on behalf of the PHA state that all qualified applicants will receive consideration for employment without regard to race color, arced, religion, sex, handicap or national origin. The PHA will incorporate the foregoing requirements of this paragraph in all of its contracts for project work, except contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for project work. 2.11. Training, Employment, and Contracting Opportunities for Business and Lower Income Persons. The PHA shall comply with Section 3 of the Housing and Urban Development Act of 196$ and HUD regulations. To the greatest extent feasible, employment and training oppomwties in connection with planning and carrying cut any Project assisted under the Program shalt be given to lower income persons residing within the unit of local goverr .= a the metropolitan area (or nonmeaopotiran may), as ft n hW by HUD, in which the project is located, and contra a for work ID be performed in connection with any Poject shall be awarded to btu films which are located in or owned in dal part by persm residing in the same metropolitan area (or nonmetropolitan county) as the project 2.12. Cooperation in Equal 0 pportunity Compliance Re w& Tlle PHA shall cooperate with HUD in conducting compliance reviews and complaint investigations pursuant to applicable civil rights staftilm Executive Orders, and related roles and regulations, 2.13. Conflict of interest Provisions, A. Neither the PHA nor my of its contractors or their aftW meters shall enter into any contract, subcontract, or arrangement. in connection with the Program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year them; 1. Any present or former member or officer of the PHA (except a tenant commissioner), 2. Any employee of the PHA who formulates policy or who influences decisions with respect to the 3. Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect tD the Program. B. Any members of the classes described in Patagi-aph A must disclose their interest or prospective interest to the PHA and HUD. C. The requirements of section 2.13.A may be waived by HUD for good cause. No parson to whom a waiver is granted shall be pemritted (in the capacity as member of a class described in section 2.13.A) to exercise responsibilities or firnctions with respect m a contract for housing assistance payments executed, or to be executed, on his or her behalf, or with respect to a conuaa for housing assistance payments to which this person is a party. D. The provisions of section 2.13.A, section 2.13.E and section 2.13.0 .hall not be applicable to the Depositary Agreement, or to utility service the rates far which are fixed Of controlled by a governmental agency. 2.14. Interest of Member of or Delegate to Congress. No member of or delegate to the Congress of the United States of America or resident commWk na shall be admitted to any Am or part of this ACC or to any bete6ts which may arise from it 2.15. Exclusion of Third Party Rights. Nothing m the ACC shall be construed as creating any right of any third party oo enforce my Provision of this ACC, or to as m any claim against HUD of the PHA under this ACC. Pete 3 013 term NUU2520 -E f ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Budget Ordinance Amendment #5 DEPARTMENT Budget ATTACHMENT(S) Letter from Caldwell VFD (Little River Fire District) Grant Background Information Proposed Budget Amendments Proposed Grant Project ordinances 1 Action Agenda Item No V-33 PUBLIC HEARING YES NO S INFORMATION CONTACT Budget office, ext 2450 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To approve proposed budget ordinance amendments, grant project ordinance, and capital project ordinances. BACKGROUND: (1) The Caldwell Volunteer Fire Department (Little River Fire District) has requested that the Board of Commissioners appropriate $10,000 in fund balance to assist the department in purchasing and installing adequate air supply and lighting systems for a new equipment truck. The Little River Fire District Fund had an unappropriated fund balance of $32,012 as of June 30, 1990. (2) The Health Department has been notified by the North Carolina Department of Environment, Health, and Natural Resources that it will receive additional State funds totalling $480. The department will receive $200 in Maternal Health funds for an employee's completion of a Maternal Health training program. The department will also receive a reallocation of $280 in Title XX Nutrition funds. (3) The Department of Housing and Community Development has been notified that it will receive additional funds for Section 8 housing programs beyond those included in the original 1990 --91 project ordinances. These additions are discussed elsewhere on this agenda as part of the HUD Annual Contributions Contract. The attached grant project ordinances will increase the budgets for Section 8 programs to the updated funding levels designated by HUD for 1990 -91. 2 (4) The Chapel Hill- Carrboro City Schools received a total of $630,000 in discretionary pay -as- you -go capital funds during 1989 -90. A total of $400,000 was appropriated for asbestos removal and $230,000 was appropriated to help construct water lines at Chapel Hill High and Seawell Elementary to meet code for firefighting capacity. The original design plans for the fireflow project were not approved and a more expensive alternative will be required. Funds that would allow the fireflow project to proceed are available in the asbestos project, although there is a possibility that additional funds could be needed sometime in the future should additional asbestos problems be discovered. The attached.capital project ordinances would transfer $60,000 to the fireflow project and permit additional contract work to be accomplished. RECOMMENDATION(S): Approve the attached budget ordinance amendments, grant project ordinance, and capital project ordinances. M n 3 ORANGE COUNTY PROPOSED 1990 -91 BUDGET AMENDMENTS The 1990 -91 Orange County Budget ordinance, as amended, is hereby amended as follows: BEFORE AFTER MENDMENT AMENDMENT AMENDMENT 1) LITTLE RIVER FIRE DISTRICT FOND Source Appropriated Fund Balance $ 0 $ 10,000 $ 10,000 Appropriation Remittance to Little River Fire District 42,677 10,000 52,677 To appropriate unappropriated fund balance for the Little River Fire District. 2) GENERAL FUND source Intergovernmental $6,329,539 480 $6,330,019 Appropriation Human Services 10,613,473 480 10,613,953 To budget for additional funds awarded to the Health Department. BUDGET AMENDMENT NUMBER: 5 4 SECTION 8 PROGRAM BLOCK GRANT GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the Housing Authority project as described in the work statement contained in the grant agreements NC- 19- K104001, NC- 19- V104001 -002 and NC -19- E104001 --008 between this unit and the U.S. Department of Housing and Urban Development. This project is more familiarly known as the 1990 -91 Section 8 Project. Section 2. The officers of'the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the U.S. Department of Housing and Urban Development and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental: Existing $1,700,519 Moderate Rehab 450,750 Voucher 490,958 $2,642,227 Total Revenue Section 4. The following amounts are appropriated for this project: Rental Assistance: Existing $1,537,482 Moderate Rehab 410,412 Voucher 454,642 Administration: Existing 163,037 Moderate Rehab 40,338 Voucher 36.316 Total Appropriations $2,642,227 Section 5. This ordinance supersedes all previous Section 8 Program Grant Project Ordinances. Section 6. The finance officer is hereby directed to maintain within the Section 8 Fund sufficient specific detailed accounting records to provide the accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. 0 5 Section 7. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. section s. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Adopted this 5th day of November, 1990. 6 ASBESTOS REMOVAL PROJECT CHAPEL SILL- CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized provides for removal of asbestos from various facilities within the Chapel Hill - Carrboro City School System. The project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from School Capital $ 340,000 Reserve Fund Section 4. The following amount is appropriated for this project: Asbestos Removal Project $ 340,000 Section S. This ordinance supersedes all previous Chapel Hill -- Carrboro City Schools Asbestos Removal Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1991. Adopted this 5 day of November, 1990. U PIREPLOW REQUIREMENTS PROJECT CHAPEL HILL- CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized provides for construction of water lines at Seawell Elementary and Chapel Hill High Schools in order for them to meet Town of Chapel Hill code requirements. The project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from School Capital $ 290,000 Reserve Fund Section 4. The following amount is appropriated for this project: Fireflow Requirements Project $ 290,000 Section 5. This ordinance supersedes all previous Fireflow Requirements Capital Project Ordinances. Section 6. Thfs ordinance shall be in effect from the date of adoption until June 30, 1991. Adopted this 5 day of November, 1990. 7 October 7, 1990 Rod Visser Budget Director PO BX 8181 Hillsborough NC 27278 Re: Unappropriated Fund Balance Request Dear Mr. Visser, I appreciate your taking the time to talk to me on Thursday, October 3rd. As you suggested, I am making a formal request, on behalf of the Caldwell Volunteer Fire Department, to secure some of the funds in our unappropriated fund balance. As I described in the 1990 -91 budget request, part of our Five Year Plan includes purchase of a new equipment truck and furnishing it with adequate air supply and lighting systems for fire ground situations. The truck has been purchased and the Department is vigorously preparing it for active duty. The Department has purchased a cascade air system for the new truck to refill air bottles at a cost of $6,366. The purchase of the compressor to fill the cascade system on the truck will come at a later date. The Department has priced a generator and extension lights for approximately $3,500. As stated in the Five Year Plan, both expenses were to be paid for from our unappropriated fund balance. Therefore I am, for the Caldwell Volunteer Fire Department, formally requesting $10,000 from our balance to pay for these expenses to help equip this truck. I would appreciate a response as soon as possible considering the larger of the two expenses has already been made. Also, for information for the Board of Directors, I would like to know how much of our unappropriated fund balance remains. Thank you very much for your help, and please let me know if there is anything further that must be done. Truly, 61(---- Christopher F. Best Treasurer, Board of Directors Caldwell Volunteer Fire Dept. 6709 New Sharon Church Rd Rougemont N.C. 27572 V y ��6 N d North Carolina Department of Environment, Healt' I, and Natural Resources Division of Maternal and Child Health P.O. Box 27687 • Raleigh, North Carolina ^'7611 -7687 James G. Martin, Governor William W. Cobey, Jr., Secretary August 28, 1990 TO: Mr. Daniel B. Reimer, Director Orange County Health Department FROM: Jess L. Berman Program Manage Maternal Healt B anch SUBJECT: Budget Revision Regarding County Graduates of Guilford County Training Program Ann F Wolfe, M.D., M.P.H. Director This memorandum is to notify you that Barbara Pringle of your staff has completed the Guilford County Training Program in Ma•:ernal Health on August 10, 1990. If you have not already submitted a budget revision to the Maternal Health contract, you may submit one at this time r..) claim the $200 State stipend available for the support of each Guilford Program graduate. Please attach a copy of this letter to the budget revision. If you have any questions, please do not hesitate to contact me at (919) 733 -7791. Thank you.for your consideration concerning this matter. �Y d r► SNP o North Carolina Department of Environment, Heaith, and Natural Resources Division of Maternal and Child H m1th P.O. Box 2,7687 0 Raleigh, North Carolina 27611 -7687 James G. Martin, Governor. William W. Cobey, Jr., Secretary Ann F. Wolfe, M.D., M.P.H. . September 18, 1990 Director MEMORANDUM 10: FROM: SUBJECT: Nutrition Directors of Title XX Nutrition Programs Alice Lenihan, Chief WIC Section Realloca ion of m4-i m4- e XX Nutrition Fu.idin The purpose of this memo is to advise you on the status of Title XX Nutrition funds for the remainder of SCY 1991. In March of 1990 additional Title XX Nutrition funds were reallocated to those counties who felt they could provide services. These additional funds were. -not reflected in the budget guidance for Title XX Nutrition which was transmitted to you in February, 1990. Counties that were able to provide additional services before the end of SCX 1990 were informed that this amount would be added to their 1991 Title XX Nutrition budget. Therefore, Title XX Nutrition funds have been reallocated to reflect this change. The remaining funds have been allocated to all counties based on each county's proportional share of the total Title XX Nutrition budget. Each Title XX Nutrition Program receiving an increase in funding should submit a budget revision for the additional amount under Item 6100, General Services, if you agree to accept the increase. This budget revision must be received no later than November 1. 1990, Tf a ud et revision is not received b that date the add t anal ase oad a s ned to you will be reallocated to another ro ram Reimbursement for -the additional services should be submitted on the quarterly expenditure report, as you have done in the past, If Yoh have any questions, please do not hesitate to contact your regional nutrition consultant. AL/ j m Attachment cc: Contracts Administration Regional Nutrition Consultants DMCH Supervisors Sarah Roholt ti M REVISED 'ITl'! E XX NL1I'RIMON COUI 'Y Atr 1aCA' CNS SCY 1990 -1991 City Additional Budget Old New Haar: Rsyision Appalachian HD 176 183 7 $ 245 Buncxmbe 286 343 57 1,995 Cleveland 220 305 85 2,975 Craven 44 46 2 70 Cumberland 191 199 8 280 Durham 191 252 61 2,135 Forsyth 205 213 8 280 Granville -Vance 15 46 31 1,085 Guilford 176 183 7 245 Halifax 777 809 32 1,120 Haywood 81 84 3 105 Henderson 44 44 0 0 Hertford -Gates 15 46 31 1,085 Jackson 17 46 29 1,015 Johnston 30 46 16 560 MIW 44 69 25 875 Mecklenburg 103 107 4 140 New Hanover, 15 46 31 1,085 ,�0 - ;.. 44.- 52 8 280 PPCC 82 85 3 105 Pitt 15 46 31 1,085 S�arty 66 68 2 70 Toe River 59 69 10 - 350 Yadkin 44 12 410 TWAL 2940 3443 503 , M 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Housing Rehabilitation Contract Awards DEPARTMENT: Housing /Community Dev. ATTACHMENT(S): Results of Bid Opening 1 Action Agenda Item NO._y=9-- PUBLIC HEARING YES: NO: x ----------------------------------- INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMB: Hillsborough Chapel Hill Mebane Durham PURPOSE: To award five housing rehabilitation Rencher Street Community Development ER- - 732 -8181 - 968 -4501 -- 227 -2031 - 688 -7331 contracts for the Area. BACKGROUND: The Housing and Communtiy Development Department solicited bids from qualified housing rehabilitation contractors participating in the County's Housing Rehabilitation Program. Sealed bids were received from six contractors on October 11, 1990 and were opened on the same day. Bid results are attached. Present program procedures provide that housing rehabilitation contracts be awarded to the lowest responsible bidder. RECOMMENDATION(S): Approve award of five housing rehabilitation contracts. Dwelling Unit #16 #18 #19 #22 #23 Bid Amount Contractor $ 7,475.00 Taylor Home Improvements 21,653.00 Morrow Construction Co. 21,501.00 J.W. Thames Construction 21,253.00 Morrow Construction Co. 20,154.00 Property Services RESULTS OF BID OPENING OWNER = egarson ADDRESS: Route 2 ao-z 1285 Rancbgr PERCENTAGE OF BID OVER 2 CHECK ONE: JOB BID X l i I 1• Haves Construction QoMpAgy 2•' B.D. Johnson Construction 3• Morrow Construction Shy ;Z1111PI M'- at APPLICATION NUMBER: _If L_ COST ESTIMATE:_ 7.300.00 UNDER . COST ESTIMATE JOB NEGOTIATED BID AMOUNT 5• Taylor Home ImnroveMgata 70425 00 6. J.W. Thames Construction 8,775.00 Bids opened by: Tom LT,-Bmzwt-. Tr- Time of Bid Opening: Date of Bid Opening: Qctobpr 11, 1990 Witnessed by: _ Robert „R, , Wilson Lowest Acceptable Bid: 7,475.00 Negotiated Amount: N/A Contractor: .Taylor Home,IM2rovements NAME 1156 Fiske Street Durham, NC 27703 ADDRESS (919) 688 -6815 TELEPHONE NUMBER COMMENTS: Submitted by: Tara L. Fikes DATE October 23, 1990 Bid Approved by: Proceed Order: Issued COMMENTS: L' RESULTS OF BID OPENING OWNER: Chavis #4 ADDRESS: Route 2, Box 1276 Rencher PERCENTAGE OF BID OVER CHECK ONE: JOB BID X APPLICATION NUMBER: lA COST ESTIMATE: 22,605.00 UNDER 4 COST ESTIMATE JOB NEGOTIATED 000ff1_-V0M1.T,rrV, MIN 1. Hayes Construction Company 28,950.00 2. B.D. Johnson Construction 29,300.00 3. Morrow Construction Company 21,653-00 4. L. Roberts Repairs, Inc._ 23,360.00 5. _Taylor Home Improvements 23,575.00 6. J.W. Thames Construction 22,536.00 Bids opened by: Tom J. BrVant, Jr. Time of Bid Opening: J -- 3:00 p.m. _ Date of Bid Opening: October 11, 1990 Witnessed by: Robert D. Wilson Lowest Acceptable Bid: 21,653.00 Negotiated Amount: N/A Contractor: Morrow Construction Company NAME Route 2, Box 394 Mebane, NC 27302 ADDRESS (919) 563 -3023 COMMENTS: Submitted by: Bid Approved by: Proceed Order: Issued COMMENTS: TELEPHONE NUMBER Tara L. Fikes. DATE October 23,1990 3 RESULTS OF BID OPENING APPLICATION NUMBER: ig COST ESTIMATE:- 22,605.00 -- PERCENTAGE OF BID OVER UNDER I ' COST ESTIMATE CHECK ONE: JOB BID --2L, 1• Haves Construction Com n 2• B.D. Johnson Construction 3• Morrow Construction Comoany 4• L. Roberts Repairs, Inc. JOB NEGOTIATED BID AMOUNT 28,200.00 29,150.00 21,653.00 23,380.00 5. Taylor Home Improvements 23,575.00 6. J. W. Thames Construction 21,501.00 Bids opened by: Tom J. Bgant, Jr. � Time of Bid Opening: 3:00 p.m. Date of Bid Opening: ,October 11, 1990 Witnessed by: Robert D. Wilson Lowest Acceptable Bid: 21,501.00 Negotiated Amount: N/A NAME ADDRESS TELEPHONE NUMBER Submitted by: Tara L. Eikgg_ ^ DATE October 23, 1990 Bid Approved by: Proceed Order: Issued COMMENTS: :4 U RESULTS OF BID OPENING 5 OMER: Chavis 42 APPLICATION NUMBER: 22 ADDRESS: Route 2, Box 1276 Rencher COST ESTIMATE: 22,795.00 PERCENTAGE OF BID OVER UNDER 7 COST ESTIMATE CHECK ONE: JOB BID X JOB NEGOTIATED 1. Haves Construction Company 25,750.00 2• B.D. Johnson Construction 29,000.00 3. Morrow Construction Company 21,253.00 4. L. Roberts Rt22irs, Inc. 23,330.00 5. Taylor Home I22rovements 23,450.00 6. J.W. Thames Construction 21,560.00 Bids opened by: Tom J. Bryant, Jr. Time of Bid opening: 3:00 p.m. Date of Bid opening: October 11, 1990 Witnessed by: Robert D. Wilson Lowest Acceptable Bid: 21,253.00 Negotiated Amount: N/A Contractor: Morrow Construction Company NAME Route 2, Box 39A Mpban2, NC 27-'109 • ADDRESS - 023 TELEPHONE NUMBER Submitted by: Tara L. Fikes DATE October 23, 1990 Bid Approved by: Proceed Order: Issued COMMENTS: RESULTS OF BID OPENING DER: _Qhavis #1 .., _ APPLICATION NUMBER: 23 ADDRESS :Route 2 Box 2 COST ESTIMATE: Zr h�10, PERCENTAGE OF BID OVER UNDER 7 COST ESTIMATE CHECK ONE: JOB BID X COMPANY Property Services 1. Hayes Construction Company 2. B.D. Johnson Construction 3. Morrow Construction Company 4.. L. Roberts Repairs, Inc. JOB NEGOTIATED IWEi 20,154.00 •• 00 5. Taylor Home Improvements _ 21,944.QQ_,,_, J.W. Thames Construction 20,556.00 Bids opened by: Tom J. Brvant,e Jr. Time of Bid Opening: 3:00 p.m. Date of Bid Opening: October 11, 1990 Witnessed by: Robert D. Wilson Lowest Acceptable Bid: 201154.00 Negotiated Amount: N/A Contractor:- COMMENTS: Property Services NAME 4500 Oak Hill Road Chapel Hill, NC 27514 ADDRESS (919) 489 -6821 TELEPHONE NUMBER Submitted DATE October 23, 1990 by Tara L. Fikes Bid Approved by: Proceed Order: Issued t ` 6 '"T' ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT !Meeting Date: November 5, 1990 SUBJECT: Rencher Street CDBG Financial Status Update ------------------------------- DEPARTMENT: Housing /Community Dev. ------------------------------- ATTACHMENT(S): Status Update 1 Action Agenda Item No. 1 ---------------------------------- PUBLIC-HEARING YES: NO: x INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To advise the Board of Commissioners of the status of the Rencher Street CDBG Program. BACKGROUND: One of the requirements of the County's plan for CDBG Program Administration for the Rencher Street Project is the provision of quarterly status updates on expenditures and accomplishments to the Board of County Commissioners. in order to comply with this requirement, the Housing and Community Development Department will submit these updates to the Board at the end of each quarter until the project is complete. This is the eighth update which covers the seventh quarter which ended September 30, 1990. RECOMMENDATION(S): Receive as information. RENCHER STREET CDBG FINANCIAL STATUS UPDATE: EXPENDITURES AND ACCOMPLISHMENTS PROJECT AREA: Rencher Street Area REPORTING PERIOD: Eighth Quarter ending September 30, 1990 REPORTING DATE : November 5, 1990 ACTIVITY: Acquisition Street Improvements Sewer Improvements BUDGET: $ 3,000 99,925 249,441 Water Improvements 64,718 Clearance 1,700 Housing Rehabilitation 185,128 Administration 81,388 TOTAL $ 685,300 ACCOMPLISHMENTS: EXPENDITURES: -0- $ 59,492 186,980 64,718 -0- 108,829 78,,026 $ 498,045 2 1. ` Held quarterly Project Area Committee meeting with neighborhood residents - August 28, 1990. 2. Public Facilities Improvements nearing completion. Remaining activities include securing proper operation of the sewer pump station and providing water /sewer connections. 3. Completed housing rehabilitation work on five houses. Continuously preparing work specifications for additional housing rehabilitation to be completed. r A r ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Human Relations Commission - Approval of By -Laws DEPARTMENT: Commissioners ATTACHMENT(S): Draft By -Laws Action Agenda Item No. V.- 9 PUBLIC BEARING YES: NO: X INFORMATION CONTACT: Jean Bolduc 933 -0706 TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To officially - approve the By --laws for the Human Relations Commission. BACKGROUND: The Human Relations Commission has been operating under a set of By -laws which were not officially approved by the Board of Commissioners. Several changes have been made in the original By-laws and they are being submitted for your consideration of approval. RECOMMENDATION(S): Adopt the proposed By -laws HUMAN RELATIONS COMMISSION BY-LAWS SECTION I: DESCRIPTION POWERS AND DUTIES OF COMMISSION The Human Relations Commission (HRC) shall be composed of twenty - three (23) members who shall normally serve for 3 year terms. The towns of Hillsborough, Chapel Hill and Carrboro will each be allocated two (2) seats, with the remaining seventeen (17) considered "at large" seats with representation sought from the townships of Cheeks, Eno, Bingham, Little River, and Cedar Grove. The town councils of Hillsborough, Chapel Hill and Carrboro shall nominate persons to fill their seats,and these nominations shall be accepted by the Orange County Board of Commissioners. Any resident of Orange County is eligible for appointment by the Orange County Board of Commissioners. Should town councils choose not to make a nomination, the Board may fill the seats from applications submitted to the County. It is the intention of the Board to appoint Commission members known to favor the principles of equal opportunity, non - discrimination and the objectives of this title. The Human Relations Commission shall: (1) Seek to prevent and eliminate bias and discrimination because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, or status with regard to public assistance, by means of education, persuasion, conciliation and enforcement, and utilize all of the powers at its disposal to execute the provisions of this title. (2) Advise the Board of County Commissioners with respect to matters relating to the Commission's purpose. (3) Co- operate with and seek to advise and coordinate the activities of persons or groups interested in the objectives of this title. (4) Receive, or on the basis of its own information, initiate, complaints alleging discrimination and conduct such investigations and inquiries as may reasonably appear necessary to find the facts with respect thereto: (5) Conduct public meetings and hearings, and gather and disseminate information to governmental agencies and to the public. SECTION II: (1) Following a second three (3) year term, members must remain off the Commission for at least one year. 3 (2) Any member who misses three (3) consecutive regularly scheduled monthly meetings in any twelve -month period shall automatically cease to be a member of the Commission, provided such absences are unexcused. Any time a member has been automatically removed from the Commission by operation of this section, the Chair shall immediately inform the Board of such vacancy and request an appointee. (3) Any vacancy caused by death, dismissal, resignation or removal of residency by a member, shall be filled by the Orange County Board of Commissioners. SECTION III: VOTING Each membe r_ of the Commi ss i on sha 11 be ent i t 1 ed to one ( 1 ) vote on all matters brought before any regular, or called meeting, in which the said member is present and provided a quorum is present at that time, as specified in Section IV. SECTION IV: QUORUM A one -third majority of members of the Commission shall constitute a quorum for the transaction of official business. SECTION V: OFFICERS The officers of the Commission shall be a chair, vice - chair, and a secretary. Elections shall be held at the annual meeting in December to select officers for the following year. Such officers shall assume their new responsibilities beginning with the January meeting. In the event that the December meeting does not provide a quorum of attendees, elections will be held at the next regular meeting that does provide a quorum. The officers in place will continue in their positions until new officers can be elected. In this event, the newly elected officers terms will begin upon completion of the elections and continue until the next annual meeting. Vacancies in office shall be filled at the next regular meeting of the Commission. DUTIES: Chairperson: The Chairperson is responsible for setting the agenda for and presiding at all meetings of the Commission. He or she shall appoint committees, call special meetings, represent the Commission with the County Commissioners and other organizations and generally supervise all programs and activities. Vice - Chair: The Vice -Chair shall be responsible for Chairing meetings in the absence of the Chair, and sharing in the r 4 11 responsibilities of the Chair (phone calls, letter writing, preparation for meetings). He or she shall also handle whatever other duties the Chair and Vice -Chair mutually agree upon. Secretary: The Secretary shall be responsible for seeing that accurate records are kept of all proceedings of the Commission, that meeting notices are sent out and that minutes are distributed. SECTION IV: MEETINGS (1) Regular meetings of the Commission shall be held on the second Monday evening of each month except when, by majority vote of a quorum present at any previous meeting, a regular meeting date may be changed or a meeting cancelled. (2) The Commission shall follow suitable rules and regulations for the conduct of its internal operations, including those set forth in "Suggested Rules of Procedure for Small Governing Boards" by Bonnie E. Davis, Institute of Government. (3) The Commission shall designate and appoint such committees as it may from time to time deem appropriate. (a) Written agendas for all committee meetings should be prepared by the committee Chair and mailed to committee members at least one week prior to said meetings. (b) Minutes of all committee, meetings should be recorded by a member chosen by a majority vote of the committee members. The minutes should be distributed, at the direction of the Chair, to members of the committee prior to the next committee meeting. (4) Special meetings may be called by the chair at any time and /or by six (6) members. Notice by letter or by telephone given 24 hours prior to the scheduled time shall be considered proper notice of the special meeting. (5) The last regularly scheduled meeting in each year shall be the annual meeting. During this annual meeting, the following activities shall take place: (a) A. summation of progress made and work accomplished shall be prepared for delivery to the Board of County Commissioners. (b) Officers for the coming year shall be elected. SECTION VI: AMENDMENT (1) These by -laws may be amended by vote of the Commission I U at any regular meeting provided a copy of the proposed amendment is sent with the agenda for the next meeting. (2) These by -laws shall be effective from and after their adoption. SECTION VIII: FINANCES Any grants or funds which are made available to the Human Relations Commission shall be handled through the Board of County Commissioners. �I ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 Action Agenda Item No. V-E 1 SUBJECT: Cable TV System Ordinance Amendment ------------------------------ ---------------------------------- DEPARTMENT: Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S): INFORMATION CONTACT: Manager's Office Amendment to Section XVI (a) (vi) TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To consider amending Section XVI (a) (vi) of the Cable TV System Ordinance. BACKGROUND: The Cable TV Ordinance Amendment dispenses with requirement of cable franchisees to tabulate service calls quarterly. Franchisees will continue to log service calls, however, tabulation and delivery of service calls to the County Manager will be upon request. To be adopted on the first reading, this amendment to the Cable TV System Ordinance will have to be approved unanimously by the Board. RECOMMENDATION(S): Approve amendment to Cable TV System Ordinance. AMENDMENT TO THE ORANGE COUNTY CABLE TELEVISION SYSTEM ORDINANCE THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section XVI(a)(vi) is rewritten to read: (vi) The grantee shall log all calls for service, identifying the caller, the address of the caller, a description of the complaint including the location of any failure of CATV service. This log shall be tabulated quart eften if requested by to ,<. the county manager, and the tabulation shall.be delivered to the county manager upon its completion. This ordinance amendment shall become effective upon its adoption. Adopted: Date 2- ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V -G ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Cable TV Franchise - Cablevision of Durham (First Reading) DEPARTMENT: County Manager PUBLIC HEARING YES: NO: X 1 ATTACHMENT(S): Franchise INFORMATION CONTACT: Manager's Office TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227-2031 Durham - 688 -7331 -------------------------------------------------------------- ---- -- PURPOSE: To approve the first reading of Cable TV Franchise between Cablevision of Durham and the County. BACKGROUND: On February 20, 1990, Cablevision of Durham presented a proposal to the Board requesting a five year delineated cable TV franchise agreement. Cablevision of Durham desired to serve homes in Northeastern Orange County. The areas border .Durham County where Cablevision of Durham has extended cablevision service to the Orange County Line. During discussions it was acknowledged that Cablevision of Durham had connected cable services to a few homes in Orange County without a cable TV franchise agreement. At the June 26, 1990 Board meeting, Carolina Cable (one of the existing County cable franchisees) committed to build cable in Northeastern Orange County within six months. The Board directed the County Attorney to draft a delineated Cable TV Franchise for Cablevision of Durham covering homes currentl connected by the company and homes that may be constructed in two specific areas. The areas border Durham County, but can not be reasonably served by existing County cable franchisees. At the August 6, 1990 Board Meeting, the first reading of a Franchise for Cablevision of Durham was approved. Subsequently, Cablevision of Durham requested amendments to the franchise before the second reading. The revisions were significant enough to rewrite the franchise. The revisions are highlighted in the attached document. Most notable, is a provision which allows Cablevision of Durham to construct cable lines through Orange County on Craig Road. Cablevision of Durham will not serve homes along Craig Road, but will access homes within Durham County using the Craig Road Corridor. �f The attached franchise will enable Cablevision of Durham to operate according to its terms and within the geographical limits spelled out in the franchise. The franchise ordinanc, will have to be approved by the Board at two readings. it must be approved by two independent actions and each action taking place at a different meeting. RECOMMENDATION(S): Approve the first reading of Franchise Ordinance for Cablevision of Durham. I PA AN ORDINANCE GRANTING A FRANCHISE TO CABLEVISION OF DURHAM, INC. TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN A DELINEATED PORTION OF THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section I. Grant and term. Subject to the terms and conditions of the orange County Cable Television System Ordinance as amended and as it may be amended, (hereinafter "the ordinance ") which ordinance is incorporated herein by reference, and the other terms and conditions of this ordinance (hereinafter "the franchise "), Cablevision of Durham, Inc., its successors and assigns, (hereinafter "grantee" or "the grantee ") is hereby granted the right, privilege and franchise to construct or have constructed, operate and maintain a cable television system and to operate a cable television service in the portions of the unincorporated areas of Orange County, North Carolina (hereinafter "county" or "the county ") delineated below AND NO OTHER for the purpose of providing cable television service to the citizens of the delineated portions of the unincorporated areas of the county, and for that purpose to erect, install and construct upon, across, beneath and along any street or road all necessary cable and other equipment and facilities as may be necessary and appurtenant to the cable television system. In addition, this right, privilege and franchise shall extend to 1 K property rented or leased from other persons, including but not limited to any public utility or other grantee, franchisee or permittee, in order to do business in the delineated portions of the unincorporated areas of the county. The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the county and no other purpose whatsoever. The term of this franchise shall commence upon the acceptance of this franchise;by the grantee, as provided in Section VI of the ordinance and shall terminate at midnight, February 24, 1996. Delineated Franchise Areas 1. Area I: Homes which now exist or may be constructed fronting any portion of Saddle Drive, Horseshoe Road, Big Fork Road or Fox Drive. 2. .Area II: Homes which now exist or may be constructed fronting any portion of Kerley Road from its intersection with Cornwallis Road to its intersection with Mt. Sinai Road, Pascal Way, Wilhelm Drive, Montvale Road and Osborne Place. 3. Area III: A limited franchise solely to construct, erect, operate, and maintain in, upon, along, across, above, and over the following streets or roads within orange County all necessary cables and other equipment and facilities to serve areas within Durham County located east of the boundary line between Orange County and Durham County: Craig Road where it lies within Orange County between Bivins Road and Saddle Drive. K t t 4 Section II. Renewal. The franchise may be renewed for an additional period of ten (10) years upon terms satisfactory to both the county and the grantee. Section III. Nonexclusive. The franchise shall be nonexclusive, and the county reserves the right to grant similar franchises to any person or persons at any period during the present franchise or any extension thereof. Section IV. Construction of system. Grantee shall obtain the proper permission and authority from the North Carolina Department of Transportation, or other agency of competent jurisdiction, and where appropriate, private land owners before any cable or other equipment necessary and appurtenant to the cable television system may be placed within any street or road. All highways, roads, streets, sidewalks, avenues, alleys, bridges and other public and private places that may be disturbed or damaged in the construction or maintenance of the cable television system shall be promptly repaired or replaced by the grantee at its own expense. All poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such manner as to comply with all federal and state statutes, county and other local ordinances and rules and regulations of the North Carolina Department of Transportation, or 3 5 other agency of competent jurisdiction. All such units of government and governmental agencies with approval authority over the construction and maintenance of the CATV - system must approve the construction and maintenance. All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads, and minimum interference with the property rights of property owners adjoining said streets or roads. Such facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with proper use of said streets or roads, and no interference with the property rights of owners of property adjoining said streets or roads. In the event the grantee shall fail to replace or repair any of said public and private facilities within ten (10) working days after written notice to do so from the county.manager, the same may be replaced or repaired by the proper authorities of the county, and in that event, the grantee shall forthwith pay to the county the cost of such work. Section V. Relocation of facilities. In the event (at any time during the franchise period or any extension thereof) the county, the North Carolina Department of Transportation or any other unit of government or public agency, by reason of traffic conditions, street closing, or highway or street construction changes in or the establishment of any street grade, the installation of sewers, drains, water pipes, power 4 I lines, signal lines, or any type of structure or improvement, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other place any of its properties, owned or leased, upon reasonable notice by the agency involved in the work. The county, the North Carolina Department of Transportation or any other unit of government or agency shall not be liable for any disturbance of the grantee's installation resulting therefrom. The grantee shall carry out instructions and directions of the North Carolina Department of Transportation District Engineer or his designee whenever it is necessary to raise or remove any of the grantee's wires or cables temporarily for the purpose of moving or removing structures on the public streets or roads of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working order, and where necessary, with the prior approval of the appropriate public or private agency and person. As between the county and the grantee, all actions herein required to be performed shall be performed at the expense of the grantee and the grantee shall hold the county free and harmless from all damages or claims for damages, including attorneys fees and other litigation expenses necessary to defend any such claim, arising from such actions of the grantee. Copies of all joint use of poles and right --of --way agreements and encroachment agreements which authorize grantee to use poles and right --of --ways within the unincorporated areas of the county shall be provided to the county manager within thirty days of 9 R: V1 acceptance by the grantee of this franchise and thereafter within thirty days of their acquisition. Section VI. Ordinances applicable. 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Y:{.} a:.}" k.}:.}:.::.}...':'.:.,:.,,...:..:.>..;. :..::,::,:�.:.Y: ?.��.:., ?.::;:: ...:....::.... i S .!?i•:$... }:.,• S} o' aYS r4. �:::.,•::$: 5:, �;};:: o.:: uai:::! z;:: i::::;::.: �>:..: rw:;a <::::k:::�:;.::..e..r..r.: € a :..:::;:e:>.k:o:f:1::$::$;:x.,: :$st.:::::;$$:. Section VII. Location maps. The grantee agrees to maintain in the office of the Orange County Manager copies of all maps showing the location of all C1 wires, cables and other fixtures situated within the unincorporated areas of the county. Section VIII. Hold harmless. The grantee, its successors and assigns, shall indemnify and save harmless the county, its officers and employees as expressly provided in Section XIV of the ordinance. Section IX. The system and its operation. A. Except as otherwise required by this franchise or unless otherwise required by the ordinance, grantee agrees to build and operate a cable television system in the delineated portions of the unincorporated areas of the county. The documents describing "technical synopsis," "subscriber network," "quality customer service," "service management system," "service response," and "preventive maintenance" included with the September 7, 1989 proposal of grantee have been examined and approved by the county. They are attached to this franchise as exhibits and incorporated herein by reference. The grantee, by its acceptance of this franchise, acknowledges that any such standards which exceed FCC requirements are freely offered by grantee. These standards shall apply to all CATV service and new construction within the county. Grantee shall demonstrate to the satisfaction of the county manager that its system meets the minimum technical standards offered in its September 7, 1989 proposal and prescribed in this franchise by providing test results from tests performed at the ri 8 9 terminus of its system and at randem peints within Orange County along its system. These tests shall be performed periodically at the request of the county manager. Random testing shall result in the entire system being tested every three months. B. The following construction practices shall be followed: 1. Saq. To avoid or at least minimize the danger of cable breaks, grantee shall specify. that TV cables shall sag at least as much as the telephone cable below it, and should never be allowed to sag less than 1% of the spanned length. Preferred sag will be 1.5% to 2% (22 -30 inches in a 125 -foot span). 2. Sleeved connectors. To minimize interference due to signal infiltration from mobile transmissions, CB, amateur transmissions and strong local TV signals, connectors with integral internal sleeves will be used. 3. Connector seals. Cable splices and housing connectors shall be sealed against moisture either by properly applied shrink tubing, or by means of sealant tape such as Bi -Seal, or Aqua -Seal or equivalent. 4. Lightening and sower surge protection. The following, or its equivalent as certified to the county by a qualified engineer, shall be done to provide lightening and power surge protection. Adequate grounding, at the first, last and every tenth pole, and at every repeater or power supply location shall be installed. Adequate bonding to telephone strand and electric neutrals shall be done. Careful attention shall be given to the proper use of surge protection devices, resetting circuit breakers, 3 Y S and gas ionization devices to protect equipment and maintain service during abnormal power situations. Particular attention shall be given to the regulated dc power packs at repeater stations through the use of adaptive regulator circuits, surge protection modules, transient absorbing diodes, or 3-terminal regulator hybrid specially designed to provide current limiting, thermal overload protection, and maintain operation within safe limits. 5. Installation standards. Each subscriber shall have a separate drop from the residence to the Feeder Line. Buildings with more than four units may be treated as apartments. Installation methods shall be explained to all subscribers. Ne drep 14:nes shall be spli:eed. ......... ..... .... All -ARS-1 . .. ........................................... lil ........... . installation standards and practices shall be •state-of-the-art.,, All installations shall be done in a workman-like manner using "state-of-the-art" techniques and "state-of-the-art" materials. 6. Construction manual. Grantee shall provide its construction crews and any contract construction company with a construction manual detailing each stage of the construction process. A copy of this construction manual shall be provided to the county manager before construction commences. Any comments and recommendations made by the county manager concerning this manual shall be considered by grantee and if necessary to meet the requirements of the franchise or the ordinance, the manual shall 01 10 I be revised by the grantee. All installations shall be supervised and inspected by grantee's engineers. C. Channel capacity and system design. Grantee shall install and maintain a "state -of -the -art" system and abide by all reasonable requests of the county to upgrade the system. without limiting the generality of this requirement: 1. All new construction of plant in the unincorporated areas of the county shall be 400 MhZ capable and be two -way capable. 2. Grantee shall operate its existing plant in the county and all new plant in the county in accordance with the technical synopsis and subscriber network exhibits to this franchise. Grantee shall upgrade its entire system within the unincorporated areas of the county contemporaneously with any upgrade of its Durham County franchised system. Grantee shall immediately notify the county manager of any plans it has for upgrading or any Durham County franchise required upgrade. 3. Grantee shall provide a trouble feed -back system which allows the monitoring of all active elements of all Main Trunk Cable of the system. Grantee may satisfy this requirement in one of two ways: (1) it may, within 18 months of its acceptance of this franchise, install and activate bi- directional capacity in the Main Trunk Cable of its system or, (2) it may immediately provide service to subscribers along all Main Trunk Cable at such intervals as will provide a "trouble feed -back system" in effect activated by subscriber calls in the event of system failures which 10 i 0 P 12 is comparable in terms of reliability to an activated bi- directional feed -back system. In the event grantee elects to utilize a subscriber "trouble feed -back system" it must provide the necessary service to subscribers without regard to the system extension requirements contained in this franchise and, if necessary in order to obtain their subscriptions, at no cost to the subscribers that are part of the "trouble feed -back system." 4. Grantee shall design and operate its system so that it has interconnect compatability to share programming with any existing franchised cable operator within the unincorporated areas of the county and provide verification to the satisfaction of the county manager of this compatibility. Section X. Programming and Access. A. Grantee shall provide at least one public service and /or access channel. This channel shall be reserved for and used for such things as community billboard, local origination programming and educational access programming other than PBS. B. Grantee shall provide a local origination studio, together with f-he necessary equipment and personnel, to enable members of the public to create and broadcast programming. Grantee may satisfy this requirement to provide local origination studio and necessary equipment and personnel by contracting with a third party. However, the responsibility to provide the local origination studio and necessary equipment and personnel is that of grantee. Air time shall be provided free of charge to everyone 11 13 except "for-profit" entities and declared political candidates. Fees may be charged for equipment and labor supplied by grantee in assisting persons in developing programming, except that no charge shall be made for live studio cable casts of five minutes or less by public access users or for the broadcasts of such special events as are designated by the board of commissioners of the county. C. Grantee shall make its local origination and public access channel programming available to any other franchised cable operator in the county at the time that cable operator makes its local origination and public access channel programming available to grantee. Grantee shall carry any other franchised cable operators local origination and public access programming when it becomes available to grantee. Grantee shall not be required to carry such programming if it is commercially sponsored. Any charge made by grantee to another franchise cable operator as a price for grantee making its local origination and public access channel programming available shall be commercially reasonable and shall be at no charge provided the other franchise cable operator provides its local origination and public access channel programming available to grantee at no charge. Section XI. Effective date. Subject to the provisions of Section VI of the ordinance, this franchise shall become effective on the date on which grantee files the acceptance, bonds, fees and expenses, and proof of insurance required by the ordinance. 12 14 ACCEPTANCE OF FRANCHISE Cablevision of Durham, Inc. hereby accepts the foregoing franchise and voluntarily agrees to conduct its operations as a grantee in accordance with this franchise and the Orange County Cable Television System Ordinance as it now exists and as it may be amended from time to time. This agreement is accepted and filed with the Orange County Manager this day of , 19 . Also filed herewith are the proofs of insurance, bonds and letters of credit required by Section XIV of the Orange County Cable Television System Ordinance. ATTEST: Secretary STATE OF COUNTY 1 CABLEVISION OF DURHAM, INC. By: President , a notary public of said county and state, certify that personally came before me and acknowledged that he (she) is secretary of Cablevision of Durham, Inc., a corporation, and that by authority given and as the act of the corporation the foregoing franchise was signed by the president of the corporation, sealed with its corporate seal and attested by himself.(herself) as its secretary. 15 First Reading. The foregoing ordinance received the following vote and was duly adopted this day of , 1990: Ayes: Noes: Absent or Excused: Second Reading. The foregoing ordinance received the following vote and was duly adopted this day of , 1990: Ayes: Noes: Absent or Excused: 13 Y 16 Witness my hand and official seal, this the day of , 19 Notary Public My commission expires: ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Professional Service Contracts for the Health Department DEPARTMENT: HEALTH ATTACHMENT(S): Page 1 Action Agenda Item No. PUBLIC HEARING: Yes X No INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2411 (1) Department of Family Medicine (2) Department of Obstetrics and Gynecology TELEPHONE NUMBER: (3) Department of Pediatrics Hillsborough - 732 -8181 (4) School of Dentistry Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To provide medical and dental professional services in the Health Department clinics. BACKGROUND: The attached contracts are renegotiated agreements that have been on -going for several years. These arrangements have proven to successfully provide a high quality service at a very reasonable cost. Sufficient funds have been budgeted to cover the costs as outlined in the agreements. RECOMMENDATION(S): Approve the agreements and authorize the Chair to sign. } STATE of NORTH CAROLINA COUNTY of ORANGE AGREEMENT Page 2 THIS AGREEMENT, made and entered into this first day of July 1990, by and between The University of North Carolina at Chapel Hill, hereinafter referred to as "The University ", for its Department of Family Medicine in the School of Medicine, hereinafter referred to as the "Department" and the Orange County Health Department, hereinafter referred to as the "OCHD ". WITNESSETH: WHEREAS, the Department desires to provide Medical Director services and to participate in the provision of medical care for the citizens of the community and; WHEREAS, the OCHD is the operator of two outpatient facilities known as the Orange County Health Department, located in Carrboro and Hillsborough, North Carolina, hereinafter referred to as the "Health Department "; NOW, THEREFORE, in consideration of the premises and the following mutual covenants and conditions and any sums to be paid, the OCHD and The University agree as follows: 1. The Department will render professional consultation as Medical Director. As Medical Director, the Department shall: a. act as the principal advisor to the Health Director in matters of medical policy; b. advise the Health Director on the medical implications of alternatives in clinical program functioning and management; N a Agreement between UNC -CH and Page 3 the Orange County Health Department C. represent the Health Department in interagency relationships which involve medical expertise at the request of the Health Director; d. advise and interpret the regulatory requirements related to medical aspects of the Department's functions; e. provide coordination to medical components of the clinical programs of the department; f. advise and assist staff in epidemiological investigations; g. be responsive to community public health concerns directly and in consultation with the Director; h. assist the Health Director or designee in establishment of medical procedures and quality /quantity control mechanisms; i. assist in data analysis towards identification of public health concerns; j. work with the Health Director on formulation of public health concerns; k. assist with evaluation of programs; 1. maintain close contact and availability through on -site visits and phone conversations to discharge responsibilities at the OCHD; M. participate in Division Head management meetings when appropriate; n. discharge the above listed responsibilities through and with knowledge aforehand of the Director; o. other miscellaneous duties as necessary. 2. The Department shall provide agreed upon clinician services with pAti.ent care in family planning (FP), prenatal care, tuberculosis (TB), sexually transmitted disease (STD), general communicable disease control and adult health preventive services, within State and Federal practice guidelines and program rules. i1r Agreement between UNC -CH and the Orange County Health Department Page 4 3. Other work activities shall include coordination with the Pharmacy Manager for control and dispensing to insure that it occurs in accord with State law and Pharmaceutical Rules and Regulations in addition to Medical Director duties. 4. This Agreement covers the clinics FP /STD on Tuesday in Hillsborough and Wednesday in Carrboro and the prenatal clinic Thursday in Hillsborough and the TB clinic in Hillsborough and Carrboro, as appropriate to work and clinic schedule. The agreement also covers additional STD clinics, scheduled to begin in November, 1990, which will occur half days on Monday, Thursday and Friday. 5. The Tuesday, Wednesday and Thursday clinics shall commence at 8:00 a.m. and terminate when the last patient is seen following the close of registration, which shall occur no later than 5:30 p.m. The Department is responsible for the entirety of these physician backup schedules. Although Medical Director or back -up physician atten- dance is not required on premises from 8:00 a.m. until 2:00 p.m., it should be available whenever needed. However, it is required that physician attendance shall occur minimally between 2:00 p.m. and 5:00 p.m. on Tuesdays and Wednesdays. On Thursdays, physician attendance shall be required between the hours of 10:00 a.m. and 12:00 p.m. If physician attendance is impossible due to unremediable circumstances, M.Q. phone coverage will be provided and FNP charts will be signed within seven (7) days. Additionally, the Medical Director will attend tuberculosis control clinics.as appropriate to work and clinic schedules. The Medical Director will be available for phone consultation on Monday 1:00 p.m. to 4:00 p.m., Thursday 1:00 p.m. to 9 Agreement between UNC -CH and Page 6 the Orange County Health Department 4:00 p.m., and Friday 8:00 a.m. to 12:00 p.m. after the additional STD Clinics are opened, November 1990. 6. The Department will maintain current registration and licensure and warrant such to the OCHO. 7. The Department will insure self for malpractice. 8. The Department will relate to all patients and staff of the OCHD in a professional and instructional manner. 9. The Department will offer medical consultation in accord with the accepted methods and procedures. 10. The OCHD agrees to pay the Department in return for the above services, FORTY ONE THOUSAND, FOUR HUNDRED AND NINETY -SIX DOLLARS ($41,496.00) yearly. This shall be made equal monthly installments of THREE THOUSAND, FOUR HUNDRED AND FIFTY EIGHT DOLLARS ($3,458.00). 11. The University shall bill the OCHD on a monthly basis with the first bill being dated July 1, 1990 and the OCHD shall pay the University within thirty (30) days of receipt of the University's bill. Any adjustments to the billing shall be taken into account in the next succeeding bill or as soon thereafter as reasonably practicable. 12. The OCHD agrees to furnish all supplies, equipment and other staff needed by the Medical Director; to include the Medical Director in all appropriate conferences, meetings, correspondence and publications necessary to appropriate discharge of Medical Director's duties within budgetary constraints. 13. The Department agrees to provide an average of eighteen (18) hours per week of administrative and medical services. These services will be provided by the Medical Director and the back -up physician unless A Agreement between UNC -CH and Page 6 F the Orange County Health Department a Department substitute is prearranged. Service beyond the minimum shall be arranged by the Department and the OCHD to avoid un- reasonable length of service. The Medical Director will report activities and services performed to OCHD as requested by the Health Director. 14. In the event that the Medical Director and back -up physician become unwilling or unable to perform the duties required by this Agree- ment, The University and OCHD shall attempt to mutually agree upon replacement. If such mutual agreement is not achieved, then this Agreement shall terminate and any payment due as of the date of termination shall be paid. 15. This Agreement shall run for a period of twelve (12) months, from the first day of July, 1990 to the thirtieth day of June, 1991 and shall be renewable annually thereafter upon written notice executed by both parties. 16. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least ninety days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 17. The OCHD hereby agrees with The University that, in its educational and /or employment practices, the OCHD will comply with such non- discrimination laws as may be applicable to it in the performance of this Agreement. The Department hereby agrees to abide by pertinent rules and regulations of the OCHD, Orange County, and the North Carolina Division of Health Services in the conduct of service. 6 Agreement between UNC -CH and Page 7 the Orange County Health Department 18. This Agreement contains the entire understanding of the parties and shall not be altered, amended, or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 19. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF ORANGE COUNTY HEALTH DEPARTMENT Daniel B. Reimer, Director DATE: /61.2a 4o ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been preaudited in the manner required-by the Local Government Budget and Fiscal Control Act." Orange County Finance Director DATE: FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA Ben J. Tuchi, Vice - Chancellor Business and Finance DATE: CHAIRMAN, ORANGE COUNTY BOARD of COMMISSIONERS DATE: Page 8 STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL For Its Department of Obstetrics and Gynecology in the School of Medicine Thies Agreement made and entered into this the 30th day of April, 1990 by and between The University of North Carolina at Chapel Hill, hereinafter referred to as "The University," for its Department of Obstetrics and Gynecology in the School of Medicine; and the Orange County•Health Department, hereinafter referred to as the "OCHO." W I T N E S S E T H: WHEREAS, OCHO desires to contract with The University for obstetrical and gynecological professional services to improve obstetrical care, patient understanding and satisfaction, as well as enhance the communication between the care providers in the Orange County Health Department and The University's Department of Obstetrics and Gynecology; and WHREAS, The University's Department of Obstetrics and Gynecology desires to provide these services for OCHD; NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants, and conditions, OCHO and The University agree as follows: A. A third year resident in Obstetrics and Gynecology will be assigned for a minimum period of ten weeks to the Hillsborough Clinic every Thursday beginning at 1:00 p.m. extending to 4:30 p.m. An exception to this time schedule is the 3rd Thursday of each month when the resident will begin at 1:30 p.m. and conclude at 5:00 p.m. The assigned resident shall notify the clinic manager no later than 1:00 p.m. of a change in the expected arrival time in clinic. The resident's function will be: 1. To provide normal prenatal care 2. To provide obstetrics and gynecologic consultation regarding patients referred by the nurse practitioner. 9 Page 9 Page 2 of 3 Agreement Between Orange County Health Department and The University of North Carolina at Chapel Hill Department of Obstetrics and Gynecology 3. To assist in the dispensing of prenatal medications. 4. To consult with the senior attending at UNC Hospital about patient referrals and high risk patients. 5. To attend the post clinic conference. All care rendered will be appropriately documented in writing. S. The University's Department of Obstetrics and Gynecology proposes to contract for 50 clinics per year (there being no clinic during Thanksgiving week and allowance being made for one additional week relative to an agreed upon holiday). Each clinic will require 3 1/2 hours of resident time and 3/4 hour travel time. The cost per hour is $40.00. For fifty (50) clinics the total cost per year would be $8,500.00. C. Upon request, The University will provide evidence of Professional Liability coverage by the North Carolina Memorial Hospital in the amount of at least $1,000,000.00 on all duly appointed members of the duly appointed Housestaff under the self insurance program of the of the University of North Carolina at Chapel Hill. In order to cover financial liability which may arrives from the negligence or wrongful acts or omissions of such residents /housestaff while on rotation at Orange County Health Department. D. This Agreement shall run for a period of one (1) year from the 1st day of July, 1990 to the 30th day of June, 1991 and shall be renewed from year to year thereafter upon written notice executed by both parties. E. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 90 days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. E. It is the intent and purposes of this Department to send a senior resident; however, due to circumstances beyond our control, it may be that a resident other than 3rd year may necessarily attend the clinic. G. The OCHD hereby agrees with The University that, in its educational and /or employment practices, said contracting party will comply with such non— discrimination laws as may be applicable to it in the performance of this contract. PagelO Page 3 of 3 Agreement Between Orange County Health Department and The University of North Carolina at Chapel Hill Department of Obstetrics and Gynecology H. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. I. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official.capacities on the day and year listed below. FOR AND ON BEHALF OF ORANGE COUNTY HEALTH OEPARTMENA Daniel B. Reimer, Director Date: "This instrument has'been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Director, Orange County Finance Date: Chairman, Board of Commissioners Date: FOR AN ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Ben J. Tuchi, Ph.O., Vice Chancellor Business and Finance Date: G W V STATE OF NORTH CAROLINA COUNTY OF ORANGE Page 11 CONTRACT RENEWAL THIS CONTRACT RENEWAL, made and entered into this the 1st day of July 1990, by and between The orange County Health Department, party of the first part, and The University of North Carolina at Chapel Hill for its Department of Pediatrics in the School of Medicine, party of the second part. WITNESSETH: THAT WHEREAS, a Contract has previously existed between the same parties which are parties to this agreement, the subject matter of said existing contract being the provision of services of a nurse practitioner and a pediatrician in the Hillsborough Health Department Clinic and it being dated July 1, 1983, and amended July 1, 1984, July 1, 1985, July 1, 1986, July 1, 1987, July 1, 1988, and July 1, 1989. WHEREAS, a copy of said previously existing Contract is attached to this document and is hereby incorporated by reference as though fully set forth; and WHEREAS, the parties to this agreement desire to continue and renew the relationship set forth in the said previously existing Contract; NOW THEREFORE, in consideration of the mutual promises and agreements and any sums to be paid, the parties agree that the previously existing Contract which has been incorporated by reference herein is hereby renewed and reaffirmed on identical terms and conditions except as set forth below: 1. The term of the Contract will begin on the 1st day of July, 1990, and end on the 30th day of June, 1991. 2. Paragraph #1 of the previously existing Contract dated July 1983, is amended to read as follows: A pediatrician from The University will provide pediatric services in the Health Department's Hillsborough Clinic one half day each week (4 hours) during the contract period. On most weeks this pediatrician will be Dr. Maria Portilla, a Clinical Assistant Professor in the Department of Pediatrics. The half day will be devoted to an adolescent clinic. A fully trained pediatrician will be provided from the staff of the Division of Community Pediatrics on those occasions when Dr. Portilla is unable to attend. During the 3 months from July through September, Dr. Page 12 i Portilla will work an additional half day providing well child services. During this three month period, Dr. Portilla will review the child health activities of the nurse practitioners on the Health Department staff and sign their charts when appropriate. 3. Paragraph 12 of the previously existing Contract dated July 1, 1983, is amended to read as follows: A family nurse practitioner, Mrs. Betty Compton, Clinical Assistant Professor of Pediatrics, will work in the child health clinics in Hillsborough one half day each week (4 hours). The one half day will be devoted to an Adolescent Clinic. For the three months from July through September, Mrs. Compton will also spend 2 hours each week assisting in the well child Clinic. 4. Paragraph 13 of the previously existing Contract dated July 1, 1983, is amended to read as follows: Specific duties and dates of service involved in fulfilling this agreement may be negotiated between the Chief of Community Pediatrics, Dr. Frank Loda, and the County Health Director, Mr. Daniel Reimer. 5. Paragraph 15 of the previously existing Contract dated July 1, 1983, is amended to read as follows: The Health Department will reimburse quarterly the University's Department of Pediatrics at an annual rate of fifteen thousand and fifty two dollars ($15,052) for partial salaries, fringe benefits, and related travel of pediatric faculty and nurse practitioner. The University shall bill the Health Department on a quarterly basis with first bill being dated July 1, 1990, and the Health Department shall pay the Univer %ity within thirty (30) days of receipt of University's bill. Any adjustments to the billing shall be taken into account in the next succeeding bill or as soon thereafter as practicable. 6. The University will provide professional liability coverage for faculty who fulfill the terms of the contract. Page 13 IN WITNESS WHEREOF, the parties hereunto signed this Agreement in their official capacities of the day and year. listed below. FOR AND ON BEHALF OF THE ORANGE COUNTY HEALTH DEPARTMENT Daniel B. Reimer Health Director Date: � D/Z TO FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL cen Tuchi; Vice hancellor, usiness and Finance Date: 7 /9 - 570 This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T.Chavious Director, Orange County Finance Date: Chairman, Orange County Board of Commissioners Date: Page 1 : ra . STATE OF NORTH CAROLIIEA COUNTY OF OiANGE The Orange County Health Department' Hillsborough, N. C. ,1A, The University of North Carolina at Chapel Hill for its Department of Pediatrics of the Schoil of Medicine THIS dam, made and entered into this the 1st day ?of July 1983, by and between The University of North Carolina at Chapel Hill, herinafter referred to as "The University" for its Department of Pediatrics in the School of Medicine and the Orange County Health Department, herinafter referred to as "The Health Department." WITNESSETH: WHEREAS, The Health Department desires to contract wit-i The university for the services of a pediatrician and ether health providers in the Hillsborough Clinic; and WHEREAS, The University, through the Department of Pediatrics, shall provide this service to the Health Department: NOW, THEREFORE, in consideration of the premises and or the following mutual promises, covenants, and conditions, The Health Department and The University agree as follows: 1. A pediatrician from The'University will, provide pediatric services in the Real th. Department I a Hillsborough Clinic one half day each week daring the contract period. On most weeks this pediatrician will be Dr, Mary Glenn Fowler, an assistant professor in the Department of Pediatrics. A full trained pediatrician will be provided from the staff of the Division of Community Pediatrics on those occasions when Dr. Fowler is unable to attend. In addition to providing direct pediatric services during this period, the faculty member will review the child health activities of the nurse practitioners on the Health Department staff and sign their charts when appropriate. Dr. Fowler and other members of the Division of Community Pediatrics will be available by phone for consultation with the nurse practitioners employed by the Health Department during regular Health Department hours. Z. A family nurse practitioner, Mrs. Betty Compton, clinical assistant professor of pediatrics, will work in the child health clinics in Hillsborough one half day each week. As part of her duties, Mrs. Compton will supervise a pediatric resident who will work in the clinic one half day each week as part of the resident's training experience. A e C. Page 15 3. Specific d'Aties and dates of service involved in fulfilling this agreement may be negotiated between the Chief of Community Pediatrics, Dr. Frank Loda, and the County Health Director, Mr. Jerry Robinson. 4. In the event the faculty from The University's Division of Community Pediatrics are unable to provide the services required, an effort will be made to provide a replacement from existing Pediatrics Department staff. If such a replacement could not be found, this Agreement would be terminated and payments under this Agreement would be prorated to the date of termination. S. The Health Department will reimburse quarterly The University's Department of Pediatrics at an annual rate of $8,000.00 for the faculty and nurse practitioner salaries and fringe benefits. 6. This Agreement shall run for a period of 12 months, from the 1st day of July 1983 through the 30th day of June 1984 and shall be renewable thereafter upon written notice executed by both parties. 7. This Agreement or its renewals may be terminated at any time without penalty byeither party provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination any payment due shall be prorated- to the date of termination. 8. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. The lags of Forth Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. The Health Department hereby agrees with The Univ ersity that, in its educational and /or employment practices, The Health Department will comply with such non- discrimination laws as may be applicable to it in the performance of this contract. IN WITNESS WHEREOF,. the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF The Orange County Health Department c2j, * Tr Robinson, Director 6 e Date Finance Officer FOR AND ON BEHALF OF THE.UNIVERSITY OF NORTH 4L CAROLINA AT CHAPEL HILL W. 1 4 V� Farris W. Womac 4 Vice ancyllor, Business and Finance G /Z.0'7VL APPROVED -Thomas F. Boat, M.D. Chairman Department of Pediatrics 3 Date AFVED Stuart t4onduZrant �.,m.. n Dean, School of Medicine Da e APPROVED BY: Page I16 Ir AGREEMENT BETWEEN The University of North Carolina for its School of Dentistry AND The Orange County Health Department THIS AGREEMENT, made and entered into this first day of July, 1990 by and between the University of North Carolina at Chapel Hill, hereinafter referred to as "The University" for its School of Dentistry; and the Orange County Health Department, hereinafter referred to as "The Health Department ". WITNESSETH: WHEREAS, The University provides dental treatment to inmates assigned to the Orange County Subsidiary (State Prison Unit Number 4240) who are referred to the Ambulatory Care Program at the Orange County Health Department Dental Clinic for care. As full compensation for the dental services, The University receives from the State of North Carolina Department of Corrections the sum of FOUR HUNDRED and no /100 ($400.00) DOLLARS per three -hour clinic, payable upon receipt of invoice DC -105. WHEREAS, the Health Department desires to contract with the University to be reimbursed for costs involved (i.e. supplies, utilities, personnel) in providing dental services to the inmates. NOW, THEREFORE, in consideration of the premises, The University and The Health Department agree as follows: 1. The University shall pay The Health Department fifty percent (50 %) of earnings received from the State of North Carolina Department of Corrections for one year less $750 per quarter which sum shall be used to pay Blue Cross /Blue Shield Hospitalization Insurance and other fringes for a general practice resident. Said payment shall be Y Page 17 Orange County Health Department State Prison Unit 4240 made on a quarterly basis as collected. The quarterly amounts will vary because of varying amounts from the prison program. 2. The Health Department shall continue to provide supplies, utilities and personnel in providing dental services to the inmates. Dental services provided shall be in accord with applicable Health Department policy. 3. This agreement shall run for a period of one (1) year, from July 1, 1990 to June 30, 1991 and shall be renewable by written agreement between the parties from year to year. 4. This agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least sixty (60) days prior to termination. In the event of such termination, any payments due shall be paid to The Health Department within sixty (60) days of termination of this agreement. 5. The Health Department hereby agrees with The University that, in its educational and /or employment practices, the Health Department will comply.with such non - discrimination laws as may be applicable to it in the performance of this contract. 6. While the North Carolina Memorial Hospital Oral Medicine House Staff are on rotation at the Orange County Health Department, their professional liability insurance coverage will be provided by the Self- Insurance Program for Professional Liability of The North Carolina Memorial Hospital and University of North Carolina School of Medicine with coverage of at least $1 million. Page �8 Orange County Health Department State Prison Unit 4240 7. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the agreement. IN WITNESS WHEREOF, the parties have hereunto signed this agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF: Daniel B. Reimer Health Director Z g� Date: FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HIL L ifo Ben J. Tu t DATU Vice Chancellor Business and Finance Business and Finance This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Zenne *_h.T. Chavious Director, Orange County Finance Date: Chairman, Orange County Board of Commissioners Date: '4 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Professional Services Contract DEPARTMENT: HEALTH ATTACHMENT(S): Agreement Between Wake County Opportunities, Inc. and the Orange County Health Department Page 1 Action Agenda Item No. —V--.T- PUBLIC HEARING: Yes X No INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X 2411 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill -- 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: For the Health Department Dental clinic to provide dental services to the children attending the Cedar Grove Headstart Center operated by Wake County Opportunities, Inc. BACKGROUND: This renewal agreement shall run for a one -year period from the 1st day of October, 1991, to the 30th day of September, 1992. The advanced commitment has been requested by Wake County because of their need to submit documentation for the support of their biennial application period. The terms are identical with the existing agreement except for paragraph 3 which has increased the revenue to the Department from $5,200 to $5,600. RECOMMENDATION(S): Approve the contract and authorize the Chair to sign. r STATE',OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN WAKE COUNTY OPPORTUNITIES, INC. mJA THE ORANGE COUNTY HEALTH DEPARTMENT Page 2 THIS AGREEMENT is made and entered into this the fifth day of November, 1990 by and ,between wake County Opportunities,, Inc. of Raleigh, N.C., for its Headstart - Program referred to as "Headstart "; and the Orange County Health Department of Hillsborough, N.C., for its Dental Clinic hereinafter referred to as "Dental Clinic." WITNESS,ETH: WHEREAS, Headstart desires the services of the Dental Clinic to provide dental services to the children who are enrolled at the Cedar Grove Center; WHEREAS, The Dental Clinic wishes to provide dental services for Headstart; NOW, THEREFORE, in consideration of the premises and the following mutual promises, covenants, and conditions, Headstart and the Dental Clinic agree as follows: 1. The Dental Clinic will provide dental examination, assessment, treatment, and educational services for approximately sixty (60) children, 3 -5 years old, enrolled at the Cedar Grove Center. 2. The Dental Clinic will assure that its employees and contract officers are covered with professional liability insurance while rendering services to the Headstart children. Page 3 Between Wake County Opportunities, Inc. and Orange County Health Department Page 2 of 3 3. The Dental Clinic will submit a bill in an amount of five thousand six hundred dollars ($5,600.00) to: Health Coordinator Wake - Orange and Chatham Head Start Wake County Opportunities, Inc. 568 East Lenoir St. Raleigh, N.C. 27601 4. Headstart will transport and supervise children to the Dental Clinic in numbers and at times mutually agreed upon by Headstart and the Dental Clinic. 5. Headstart agrees to provide automobile liability insurance during the transport of the children to and from the Dental Clinic; and agrees to hold the Dental Clinic harmless during such transport. 6. Headstart agrees to supply copies of necessary eligibility determination forms, medicaid cards, medical and dental history, and record forms (CAP- H.S. -30) for the Dental Clinic to provide, document and bill for services rendered. 7. Upon receipt of a bill from the Dental Clinic, Headstart agrees to make a check payable to the Dental Clinic of the Orange County Health Department and address it to: Mr. Daniel B. Reimer, Director Orange County Health Department Post Office Box 8181 Hillsborough, NC 27278 8. In the event that the Dental Clinic shall cease or significantly reduce the level of service below the objectives set out in section one (1) of the agreement, Headstart may terminate this agreement; and the Dental Clinic agrees to return to Headstart a pro rata share of the payment for services not provided. Page 4 Between Wake County Opportunities, Inc. an& Orange County Health Department Page 3 of 3 9. This Agreement shall run for a period of one year, from the 1st day of October, 1991 to the 30th day of September, 1992, and shall be renewable thereafter. 10. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least sixty (60) days prior to termination. In the event of such termination, any payment made or payment due shall be prorated to the date of termination. IN WITNESS WHEREOF, The parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF: FOR AND ON BEHALF OF: WAKE COUNTY OPPORTUNITIES, INC. THE ORANGE COUNTY HEALTH DEPARTMENT Name: Daniel B. Reimer Health Director Title: Date: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Date: Kenneth T. Chavious Director, Orange County Finance Date: Moses Carey, Jr. Chairman, Orange County Board Of Commissioners Date: ORANGE COUNTY page I BOARD OF COMMISSIONERS Action Agenda Item No. .\I ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Professional Services Contract DEPARTMENT: HEALTH ATTACHMENT(S): Agreement Between Orange County Health Department and Orange Family Medical Group, P.A. PUBLIC HEARING: Yes X No INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2411 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To provide professional medical services for the Child Health clinics of the Health Department. BACKGROUND: This agreement will replace the professional medical services in the Child Health clinics which have been lost in the contract with the Department of Pediatrics. Funds are available in the approved budget for these services. The contract terms were approved by the Board of Health at its meeting of October 25, 1990, subject to the review of the County Attorney and approval of the Board of Commissioners. RECOMMENDATION(S): Approve the contract, subject to the review of the County Attorney, and authorize the Chair to sign. STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT /Tf7 ORANGE FAMILY MEDICAL GROUP, P.A. Page 2 a THIS AGREEMENT made and entered into this the 1st day of November, 1990, by and between the Orange County Health Department, hereinafter referred to as "The Department," and the Orange Family Medical Group, P.A., hereinafter referred to as the "Medical Group." W I T N E S S E T H: WHEREAS, the Department desires to contract with the Medical Group for family medical professional services to improve the care of patients in the the Department's Child Health clinic; and WHEREAS, the Medical Group desires to provide these services for the Department; NOW, THEREFORE, in consideration of the premises and the following mutual promises, covenants, and conditions, the Department and the Medical Group agree as follows: A. A physician member of the Medical Group, primarily, Jonathan Klein, M.D., will attend the Child Health clinic in the Hillsborough facility every Wednesday morning from 8:15 a.m. to 11:45 a.m. In addition, a physician from the medical group will be available to back -up phone coverage of the Child Health clinic every Monday morning from 8:00 a.m. to 12:00 p.m. B. The duties performed by the Medical Group include: 1. Approval of clinic protocols. 2. Primary supervision of the nurse practitioners who are employees of the Department. 3. Co- signing charts of patients seen by the nurse practitioners of the Department. 4. Medical consultation services to Child Health patients on Wednesday mornings. 5. Well child medical services on an occasional basis when the nurse practitioner is not available. 6. Periodic continuing education consultation for nurse practitioners and other Child Health staff. Page 3 AGREEMENT Between Orange County Health Department and Orange Family Medical Group, P.A. Page 2 C. Dr. Jonathan Klein will sign as supervising physician for the nurse practitioners. All other members of the Medical Group will sign as backup supervising physicians. D. The Medical Group will provide professional liability coverage for its members. The Department will provide professional liability coverage for the nurse practitioners and other employees. E. The Department will pay the Medical Group at the rate of two hundred and ten dollars ($210.00) per week on the following schedule: 1. For the months of November and December, the Department will pay an advance amount of one thousand, six hundred and eighty dollars ($1,680.00) by the 30th of November, 1990. 2. For -the months of January, February, and March, the Department will pay an amount of two thousand, seven hundred thirty dollars ($2,730.00) by the 31st of January, 1991. 3. For the months of April, May, and June, the Department will pay an amount of two thousand, seven hundred and thirty dollars ($2,730.00) by the 30th of April, 1991. F. This agreement shall run for a period of eight (8) months from the 1st day of November, 1990, to the 30th day of June, 1991, and shall be renewed from year to year thereafter upon written notice executed by both parties. G. This agreement or its renewals may be terminated at any time, without penalty by either party, provided that written notice of such termination is furnished to the other party at least sixty (60) dayt prior to termination. in the event of such termination any payment made shall be prorated to the date of termination. H. This agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. Page 4 AGREEMENT Between Orange County Health Department and Orange Family Medical Group, P.A. Page 3 IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below: FOR AND ON BEHALF OF THE ORANGE COUNTY HEALTH DEPARTMENT: Daniel B. Reimer, Director Date: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Kenneth T. Chavious Finance Director Date. Moses Carey, Chair Board of Commissioners Date: FOR AND ON BEHALF OF THE ORANGE MEDICAL GROUP, P.A.: Arthur Axelbank, M.D., President Date: I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.Ar—A ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Proclamation declaring November 14th Human Rights Day in Orange County DEPARTMENT: Commissioners PUBLIC HEARING YES: NO: x ATTACHMENT(S): Proclamation INFORMATION CONTACT :.Jean Bolduc 933 -0706 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: The Human Relations Commission is planning to celebrate Human Rights Day in Orange County with a reception honoring several citizens who have worked to safeguard the civil rights of Orange County citizens. The human Relations Commission requests that November 14th be officially declared Human Rights Day in Orange County. BACKGROUND: RECOMMENDATION(S): Proclaim November 14th Human Rights Day and authorize the Chair to sign. z PROCLAMATION WHEREAS it is necessary for the community of orange County of North Carolina to recognize the need for understanding, tolerance, and celebration of human diversity. WHEREAS it is within the scope of leadership of the County Commissioners to declare a day of.recognition of these values. BE IT RESOLVED THEN that the Orange County Board of Commissioners proclaims Wednesday, the 14th of November as "Orange County Human Rights Day ". Passed this day of - - -- . -., 1990 Moses Carey, Jr., Chair Orange County Board of Commissioners I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. �[$ ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: DRAFT LEGISLATION ON WATER TRANSFERS DEPARTMENT:- COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S):- YES -(1) RESOLUTION INFORMATION CONTACT: COMMISSIONER (2) LTR TO REPRESENTATIVE PAYNE, (3) JOHN HARTWELL DRAFT LEGISLATION, (4) OWASA RESOL. TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 ---------------------------------------------------------------------- PURPOSE: To consider a resolution opposing draft legislation on interbasin transfers and calling for a more thorough and principled revision of state water law. BACKGROUND: On November S. a legislative study committee will hold its only work session on the attached bill. RECOMMENDATION(S): Approve the resolution and the letter to Representative Payne and authorize the Chair to sign both documents. 2 RESOLUTION REGARDING DRAFT LEGISLATION ON WATER TRANSFERS WHEREAS, the North Carolina General Assembly's Surface Water Study Committee will consider on November 8, 1990 legislation to restrict water transfers, and WHEREAS, the Orange County Board of Commissioners has a long- standing commitment to improving the quality of life for County citizens through the wise and environmentally sensitive management of water resources, and WHEREAS, the Board has reviewed the draft bill and found it potentially detrimental to both the ecology and the economy of Orange County, Now, THEREFORE, be it resolved: 1. That the Board of Commissioners requests that members of the Surface Water Study Committee and legislators representing Orange County oppose adoption of the draft legislation, and 2. That the Board requests that the legislature review state water law comprehensively and revise it as needed so as to bring consistency to its parts, to ensure that the capacities of streams and lakes are respected, and to encourage the efficient use of water supply resources for the benefit of all North Carolina citizens. Adopted this 5th day of November, 1990. Moses Carey, Chair ;,�.'�`l l<j Representative Harry E Co- Chair, Committee on P.O. Box 1147 Wilmington, NC 28402 October 24, 1990 Payne, Jr. Surface Water Dear Representative Payne: Members of the Triangle J Council of Governments' Water Resources Committee have reviewed the Draft Water Transfer Bill to be considered by your committee on November 8th. Although we commend the committee for its discussions of this important topic over the last year, we find the draft legislation unreflective of much of the testi- mony presented. Due to the vague, subjective and sometimes inconsistent language of the Bill, it is difficult to determine its probable impact upon the environment, the economy or the operations of local government in our region. As examples of our concerns, we pose the following questions: (1) The bill's main provisions hinge upon named rivers, a concept frought with subjectivity and greatly influenced by historical happen- stance. Is this a good rationale for designating those bodies of water which are to be regulated? (2) The bill is vague about the circumstances under which a use constitutes a transfer (143- 215.22A (5)). Can one use water in a receiving basin and transfer it back to the supplying basin without a permit? (3) The bill does not deal explicitly with the important issue of stored water. Does it seek to supersede existing legislation on the right of withdrawal of impounded water (G.S. 143- 215.44 through 143- 215.50)? (4) The bill does not address the relationship between surface and ground water as acknowledged by the existing Capacity Use legisla- tion. What prevents someone from pumping near a river and transfer- - ing ground water in a manner that significantly effects stream flow? (5) The bill is vague about returning water to the supplying river 4 basin. Ought such returns include counterbalancing transfers by neighboring jurisdictions? (6)' There are many potential uses that may de -water a stream. How does this bill deal with evaporation, irrigation or industrial processes with significant environmental impacts? (7) Transfers within a basin may dry up significant stretches of a stream. Why does this legislation not address intrabasin transfers? (8) The bill requires that all thirteen vague criteria be met. Will this effectively preclude the EMC from approving additional transfers or will it license unwise transfers based upon political whim? (9) The bill appears to regulate agricultural uses. Does this conflict with existing agricultural laws? (10) Existing legislation prohibits transfers in basins that cross state boundaries. Does this bill seek to supercede current law in this regard? The draft bill's vagueness and inconsistency seems to us to derive in part from an incomplete understanding of our actual water manage- ment problems. The State Water Supply Plan currently being developed by the Division of Water Resources should help to define both our existing problems and those that can be realistically expected to arise in the future. In the absence of this plan or a similarly comprehensive study, any proposed legislative solution is apt to be unsatisfying and ad hoc in character. The bill also seems to founder for lack of .a set of guiding prin- ciples indicating where, when and why transfers are to be regulated. In February 1990, the Triangle J Board of Delegates adopted a Resolu- tion Regarding Interbasin Transfers based upon the following prin- ciples: (1) We should focus on ensuring adequate water, not just in "named rivers, but also in lakes and smaller streams. (2) We should consider cumulative transfers, both into and out of basins, to evaluate their Impacts on streams, rivers and lakes. (3) We should manage our water resources for the benefit of the area as a whole, respecting stream and lake capacities and making efficient use of available supplies. At that time Triangle J requested that your committee evaluate 5 state law comprehensively with these principles in mind. We continue to make this request. A careful and comprehensive approach to water law will benefit our region and our state. This hastily drafted Water Transfer Bill would merely add to the confusion and disarray. We respectfully ask that your committee withhold its support. Yours truly, John Hartwell, Chair Water Resources Committee r RAL MBLY Or'�t� SCSSION 199 1 4 91 -LR -004 IS A DRArT AND NOT READY FOR I�iTXODITC�£i�w' Short Title: Mater Transfer permits, (Public) sponsors( Referred to, 1 A DILL TO Bi ZNTITLZD 2 3 4 AN ACT TO REQUIRE X&GISTRATION Of ALL WATER TRANSFERS AND REQUIRE A PERMIT TOR TXZ TRANsru Or ONS MILLION GALLGN6 WATER PXA DAY PROM, ONE RIVER SAIIN TO ANOTHER. TO Or 5 The Cenerai Assembly of North Carolina enactst 6, 7 section 1. Article 21 of Chapter 143 is amended adding a now part to read: by a f 143- 215.22A DofinitJ20a 9 The following definitions ap2ly to this art. 10 11 12 'Losing river basin' means a .Liver basin which sustains a decrease in water as the result of transfer of water to :.different river basin tnd a 13 jh9re is no significant return of the water to ihs 14 river basin of-origin. 15 `River' means an bod of Water bearin he 16 desi nation "rlv r" on the latest edition of the 17 18 12propriate u.e. aeola ical survey 7 5 min quadrangle map. to 19.. 20 21 1-3) River basin) means the area drained by a river and its trlbutaries o river as determined by the Commission. a 22 jil `surface water' means any water located on the 1 nd om 23 surface which is not derived b urn in f 24 groundwater, FOR A F T ftlab . 1{ � X y 10•"09x1990 17:28 FROM TOWN OF CAR') CARP NL TO .. i�iiIO'� 1989 a�s�►yi LY 03' M03tTa cAioL1101 7 "r he Vi w r` ve s i 1_ �Trar►sfer' t sin nd means � '•� � ; .. '• um in of surLaGe Mite � from •'ttie' dsa or •dis ar a ch o! all or an 3. ��� in di =Eaten= from this or in. �'1 ti� - or grater t=ams far prohibited 6 —" id8 —Z 5• 223• par it a deed ! rater tra slat 14!•Z15.21 no arson ma SEEP 6 a sxca t •• rovided in a.9. wa rr • da or an ds q tea axe one aillion ,Ilona or more o! 10 from the basin of one river to another unless the arson shall IM 11 firs obtain a or t fromnted !or asMatar rrnslsr that vivlat 1Z b Vlo trait na bt ra alt standards or that 13 8t.a r vat* lass t :ca ublic htalth slid welfare. 14 advsrs 1 a! etas , 15 16 148- 15.22C. to alt a lication• for portij Shgll be in 17 a 1►n pplication for a rater trans 18 Mritin and She. ll rcclude: bj Al nlormation re ardin the exiollo+rines of Mater 19 � the a licant includirl the ZO A listin of each use or u char• eater than 21 all oft or da on an one hundred thousand 22 d�. Z3 tion for -ach 24 b. The amount or ercent o! Dons use or urGhase lisp cones �ti n 1 ro• ram: or 25 4► listing of 26 used for ach use ar 27 ctices currentl 1 a, Z8 urchase listed under t . The eak ca acit of each Major CofornenchUuse 29 in the resent traoster lacil 30 or-purchase listed under t 1 a' 31 at to Deed transfer at 32 Information re ardin► 33 .rater includin the toll vin = A listin of the ro act t use doe allansager 34 rester than ane hundred 35 da on as da 36 ercent of consum tion 37 b. The es imated amount or listed un •r for each use o 39 a Z a, or 39 � ro rams c, list n o� cats rvstian urcha :a 40 racticee .'Dosed for each use or 41 listed under tal(2 a. 42 91_LE-OC4 10/,09/1990 17:29 FROM TOWN OF CARY CAYti' NC TO • ....... $. ati86�LY or NORTH Ca.ROLIX& ssaBxOH 1989 6 AL The location of a T transportation fa ilitieaf �a ,d e j4, An of r inlarmatian deemed necessar b the 9 Comxi lion for review of the gro2osld mats; 10 transfer. 1l, b Ar► a lia tion for a water a n advanae sf r sh 1 be date l a 12 with the Commission at least 1i days 13 vh ch it is desired to begin the transfer. The Commission ma 14 conduct any inguiry or Investigation that !. considers necessar 15 before cti On an application anand otherireiufo me lionntth 16 submit ans s ecilicatiens 17 Co mission consider• necessary to ova at• the ab lolicaticn- 143- 15.12D. 1i Cation ce and 19 R working a s following 20 1 21 completed a liaatian naticsm of sthe shallt 22 �, ,2, Publish Z3 Carolina Re isWWa Sica ion 24 provide notice of the a 25 certified mail return recei t UM 26 the follovin within the xo 27 b6fint ; 28 ar..w A holding water 29 issued under this Baztt 30 b, A person holding- a dischars 3l der O.a. 143.28x.1 C4 A person holdin a Hat submission of n in the Nor registered t anted to each f id ' losing riv r transfer ermit 33 pischar a Elimination 8 tom under the Federal rater Follut srmit iss ed onal Pollut±At nt ermit is ion Control 34 • 35 d, n ineerin an I cae u4�tf`f d,an Qhk_XdZ for the l Z capacity of •sc " m eht ! the 3 proposed trans lacili"t A of Count Commissioners a! en ineerin a d economic as t of the 4 leasibilit a! usin alto to wa ''s acts. 5 - 1 calla tion vithdr 1 and 6 AL The location of a T transportation fa ilitieaf �a ,d e j4, An of r inlarmatian deemed necessar b the 9 Comxi lion for review of the gro2osld mats; 10 transfer. 1l, b Ar► a lia tion for a water a n advanae sf r sh 1 be date l a 12 with the Commission at least 1i days 13 vh ch it is desired to begin the transfer. The Commission ma 14 conduct any inguiry or Investigation that !. considers necessar 15 before cti On an application anand otherireiufo me lionntth 16 submit ans s ecilicatiens 17 Co mission consider• necessary to ova at• the ab lolicaticn- 143- 15.12D. 1i Cation ce and 19 R working a s following 20 1 21 completed a liaatian naticsm of sthe shallt 22 �, ,2, Publish Z3 Carolina Re isWWa Sica ion 24 provide notice of the a 25 certified mail return recei t UM 26 the follovin within the xo 27 b6fint ; 28 ar..w A holding water 29 issued under this Baztt 30 b, A person holding- a dischars 3l der O.a. 143.28x.1 C4 A person holdin a Hat submission of n in the Nor registered t anted to each f id ' losing riv r transfer ermit 33 pischar a Elimination 8 tom under the Federal rater Follut srmit iss ed onal Pollut±At nt ermit is ion Control 34 • 35 as amended has re inter d a water tans er 36 d, A arson who as rovided b this art `each 37 The board of Count Commissioners a! 36 �. countY that is to red 39 within the losing iv•r1z•basin and/ t the °° 40 overnir� bod o! an unit/ alit that 41 41 water from he to in river basin. a hs� 43 b 1►n notice that an a licatSon oust iCe statement in bald 44 been received shall include a cons Pe qe 3 nAA 10/09/1990 17:29 FROM TOWN OF CARY CARS 1:C TO _ Gni3:RU► 11ii3MLY Of WMT$ 0MOLIIV► o r v�r ba n will be I that the river level in the- ro e i �: t he 2 decreased if the requested Mater the 3 notice shall also inciud a no technical xthari indicate the 4 a licant's r• est'. The notice shall g ocedure to followed b anyone ail /direct slocal Governments 4 the ro o t water Mansler and s!s 7 that ab ectioas fro• a local v rnseei t uo! the faotice with ._...._ h the $ Commission M bin 0 days o! the Mac 4 oaal ov - 10 c At-_ e Sast one b11c satin cted eb ti for the Commission at a. . 11 water trans e•x trait shall be condo iZ location Sp a losia river basin below t Materint transfe 13 It an ob ect a t the a licakioa for t 14 is filed bv a local, goverment ursuanot ublic�'henrinisn at ha 1S Commission steal onduct at -least tM of 16 location i tee• losing vet h►sin blic rir 17 wheh+oishall be transfer iven, to At lea t 30 days notice of the ub any is a1�, to v % Aotic• of the a She&tio iss inn tshalxtaalaa 1q other arso requesting notice. ZO blis ao ins the blie hearing theCe ubl e•hea in inua 21 eaasecvtive creeks tier the daft of 22 newt • er o! ereral circulation in eaC�h oral river circulation tthst .•. - 23 24 affected sand h. losinnRriverera ore nata 25 26 143— perviWaRylication review. . on of the present 27 a The C Msission shall insure tthhe lotectirivex ba*in. For 2B and ernitted aas ilstive needs of 29 each a licatior► the Cvmmiasian ditermineswh then he m rotosed 30 modelin an iastr m seat firs to G.S. 143„ 15.229 b and shall 31 Mater transfer is rohibitsd under 32 state i fiadim s of tact er►d d n • Lhe eCommiseionisha 1 consider 3. it In revisvia a a licatio 34 informst 0B dowel od throe h stvdi•sinforaation and icpmments ;5 mdertaken the Commission and ;6 sub�ittad to the Commission b the a 1lcant a encies` 37 affected ersoaa. and the pub1�_C_- •rmitted the 38 c) to determir►in whether a transfer ma be the followin 39 Commission shall a •cificall nonsider each o 40 items and state in writing its ti *inwat With trans£ rtounl•tsitthe 41 No •rmit May be ranted for 42 Commission finds b a Preponderance of a eVineovaUstin eaan 43 Item in the criteria listed below is 44 a location the CO=ission shall: ai _r.x_000 10i09�199© 17 :30 FROM TOWN OF CARY GARY NC TO aRxff1RAL Asar ag or Worm CAROL=su►" • :....,:. sUMN 1989 i 1 resent and projected stream uses of the rose " ' 1 9 basin aenera v and,•,. -the l,. nj . __.-. 11 river .- specificall including, but not limited to, 4 tin present asriculturalt municipal, industrial and .. 29 ins ream mg, and assimilat vo needs. r the Protect water Quality- of the login _river basin,. — 7 . 30 le u ure water mods lrotect reasonably_ foreseeable � .", 8 . ! the Igising river basin.;................. 9 res and to etae Protect- the reasonab fare a le future M tr 1C Meads of the &VRILcant for tbl • Mate to e 11 j.&.nsf *Sled, , incl din •. ads of ' water uae 12• gonservation, and eff ienc of use...::.....__..._...._ _.:.. -- 13' rind a beneficial Impact an the i ate and its local. 11 *ubdl.v f an ro osed transfers, and the is ,elons ca bilit of the . 690ilic4ffil- to im lament 16 sativei its real ansib ies • under the 17 18 rested pe rat • .....,... yiind - h„ at . th�tu�e, the geMitt «t „s use of he 19. .L, wa er is rea onabbl.a and bone 1 in—light of the 2p probable detriment of the proposed Mater transfer.'. z rid that the ro osed project shall rOm"s and 12 increase the storage and conservation of water. 23 All rind that thi feasibility of altImstive sources of '24. su and their cam native osts- are less xS preferable than the grOt ,c . oed water transfer. �..... to 'Consider the im act on S star* wa a use. .. — - . xb • 27 101 ri d that the re uicements -- of other state a __.-. 28' fade al agencies with -• authorit tin to Mete .. 29 ..•resourc s are not violated by the _210 2091, reasonabl 30 t ... __. ll Protect the availabilit of water in the la sin . 31 river basin to res and to etae ies in ludin 32 38 dro3ight. ..._ ... 14 34 X121 Consider whether the beneficial or detriment 36 bydr2gowe s jene ration !i 37 aesthetics or recreation, 38 113,) Consider such other fact 39 reasonabl necess r to c 40 is earte 41 42 IL 143 - 215.22x. Cl 43 qm*,qencV paraltil. sfion, s now*r as r eCt shal lm act on sh and wildli and ci cue+ste art out the :o ne rm.i is L_Q gave any navi atio fe htbita aces as a e ourooso$ rmit actianj pag 5 10/0911990 17:31 PROM TOWN OF cwi,- CPR NC TO 4iLfl9XJ6& AsisPLY Of I== CAROLIKk $=Blom 3,939 11 • I :a ran den "or issue 'vi b conditions a a tt r •twit. - The unission sa attach e• a' ersi t an r'�Sh i Hecat e to achieve the ur a es• of this. •rt e lollorr n i -. �: ...:.:. The mount of vater a roved for-, transfer may be_ vari •asanail ._. -. . _:.: _ : .....-_.. 7 The trap er of water shall a r• fired to cease or g ecrease- when the: instantaneous 'st am ow of the rivtj basin of origin is 91241 12' or less than a 10 s ocif 194 amount - detersined h ROEMt*' licsticn' ll review- conducted pursuant to ' 143 -2 5.2 . .- _�.. ix e i rovisio x. -ma be i cludod • to roxote an_. ._. 13 dm to eater eu l far the ft t• r t aiti ate 14 any future adverse conditions r*sultinj. from the 15 16 •Th installation m intenance and•use' of strearatlor+ ,____. 17 moni tot ic ui pent *&X be re x 1s JU Ihe pvtabilshment and r1i2arting f transfer 19 act ivitiea b h ra eittee sal f a u red 20 b In order to.-protect, he crater Us@g -01 Shl login river 21 basin the Commission in determinin the a unt of Mater to b• __ . 22 a roved may conduct- or have conducted instr• m tam fin and - 23 stream and lin to--predict the volkmas of water which ma be' �.�. 24 trap 25 T ansferab i amounts may vary to'accOmmOdate seasonal water 25 conditions i the login river basin. po transfer of water ma 17 be ermitte at • time which ha 1• cause the remaining flow in 26 the losing river basin_ to be less• than' • st atistical low flow 29 that occurs for seven: -consecutive days# days once everx ten years as 30 establishe rio to the Matter transfer. 31 c The ermit shall specify the 1 cation of all collection 32 withdrawal trap sission and discharge' facjljti to be used or- 33 constructed to effect the water transfer e d shall specify the_ 34 amotint wilich can be withdr wn. The 2.trzit hall rggRire that the 35 water tr nsfer shall cease oar docregge WhjA the act al flow of 36 the login basin is less than► a s ifie miai>aum r fired to 37 prottct s eiist adverse effects to Ihe basin, Ths permit shall 3e further rr ire that Ihe eraittee comply--with a her re uirements 39 j-&--may be advisable to promote an adequatl water au 1 f r the 40 State and to mitt to any adverse conditions og effects which the 41 Commission finds exist but are not sufficient to re uira denial 42 of the permit. . 43 d? U on the issuance b the Governor of declaration.- or 44 rorlam :ti n at an emergency relating to water resources, the 91- LE-004 10109 %1 950 17:32 FROM TOWN OF CARY CAZw)' N= TG r - ztl cimO NA - " " - �c 8r-5510M 1989' 10; U wa Ye a usual of the Co ir�sion �s voter tr nstrr �.... ire nts a1 ant a. t orar emer enC 3 tr=ait. The era r enc vratfx transfer erRit Shall be li�nitrdortaa 4 Rest the needs create b the east enc arStior�lo therGovernorfs.. ,.._ . . .5 td! riod no n er• than 140 *tdi oro =he ublie ht th eoer eno i olaration ar r0cc whioheve a od is artex. ..._.. _............_.... S f 1.. rr tef transferal Pre ' � 143- 18. =2G. 5te istra .. va 1p :satin tx tans erf. „ .;._.I...I -- .... —_ river basin to Snot rj o 11 S) An -va x transfer Lros an 12 which a ermit• is• not required under thin... art sha11 b • ' 13 rs istered with th tio 2 L Cha ter' 9 4 of .._ 14 b) Hatex tranrfers desi r►a ed in seC ._ he 19x9 de ion aws may contia a even thougnss ot,. ermittRd'� 15 t the _ falloxia can i _ - -... 15...under thir azt .sub eet --tc. it re irtered w th the C inns n .._. 17 he ran fex • within Six monthr of the of festive data qI th s :_... 15 19_ _ 2C ncre ss in Mater tranrferre aver t amou :.. * ox ed in euydiviri n 1 0Z this r coon Mu pr., �1 __ auth rmitted Sn accordance with a.s _.- 2�• e r viewaQ and e 23 143-21 .228 ! -- ` • ...... . erso re istsrin a-: water tranafet u e formatiori� t 24 a folloKin 25 shell rovids the Co fission with th 26 �_ The amount of Mater used o of Kithdrawal of he ..� 2 Yde tilication of the ntF 21 �"�"" ter to be transferred the oin where the act nl 2E water and the_ • tra sler of cater .occurs C dircharcs for the vatthet am �e is used 31 A description f bow xate 32 33 43..215.225. ivil enalties in u the►nnt•n thousand dol airs 34 a s, civil tnS1t o! not more a son 15 10 04 ma b assessed b the Commission a ai 6 an 36, wha1 . l for or to secu e a 37 Tr re ired but lsiQ to a wh vi aces' trait re wired b 43— 5.2 8 or ;g � ccordance with thf t ryas 39 or fails to act in conditions or. re uirt ntm Such im lementin this 40 Violates a mule a! the CoR isnion 41 _ `2 Paz for which • enalt �a 43 _ �f an actibn or leilura to act undtr this-. subsection Ss cant�nuous the Cvissian. .44 be a�5set6sd _ - : �4p 7 OCT 0/09/1990 17:33 FROM TOWN OF CARY CAP'y NC TO v 1 • Ib r �D 1"rLl� rV1L�.LF N4f - lll� 7&V.1 ti 11q LZ III A r •s a eAal not' to sxcsad t•n �!�o nves dvrliss otherwise `a viola ion C Q1 for to 7,o a• fit vio >`x i dla d•• • .. .. _� - - . � .o th en 1t • Cammiaaian j t -. t e 4 0 1 determinin the asovxlt o ,:hares :� o used - b .- g hail onsid 'x tti� • data N..�• . -:.. '. 6 violation and tha o at of re pis ssa th na ties rovidsd ct r the 1'he ComaiisaSon at abal to no tied 5 thi sect on. ersoa asses ed' and.-the notice shall . ass• amen b registered or ertif td toil a .rs n a a a a a a 0 d _..• sn nt• r� 10 s rCif the reasons for t r ase� asaeess3rat -.to • �tls�• g• axtmrnt -_• 4. -• i s to s the atrovnt of ti •�o ssch�:'io it eriod. ;.,._•� ta A I altar... �acai t- ��. , j = the rr 12 within x ed 1QG des s '� ss.,;.t2t• i�_ u riat court of _ - o • iseion sa institute a civil a tic tr r in . ttie disrration it Coxur th ties» oo •d in••which t in v eh- viol e c 15 the o vn efi,o•o t.. Q =; 1 6- of the comma n' in tfie • h d os is rine�, Rl lace of l7 th •tson a aged asides or'ha rseasarr . to ecovst the a¢oun e! t e t s art or the le business rovisions on vi latiorssiann the•-5eare iastitute a civil 20 rules f t Comaai • • ol.� th St�►te !or in the au anion oo+s t:-' in the nasi 21 action . et Neither the institution. a the Mc ions nar__„__ �. 22 in unative r em. all r lieNanartsfar~ 23 an of t • roceedin s Yrlitir�lt t reseribed•• 24 th roceedin a� from the• • •.. art. ; ono the pro oAS o • ••� . x5 an viola 26 � - -- art is alt r 2z Ct aiaal n �-a"- tbis 27 143_2x5. row pion= al 26 (a An arson violat•i» an sust be fined not lrai of a mig ameaaor and von oonoretthaa t n thousa »d dallarah�V�y.. Z9 thousand dal IL n r so d ed to 30 t an on an arson is ad 31 each via ation. In addition i vi11fu11 the court art 32 omecitt d violation' of thin which the violation continued 33 drte n ns that strata o fens• �w- 34 c n situ ea s 35 Judo ion f rules • - . 36 143— 13 22J• lea to car out the intenthOf 37 a? h• Commission na ado t ry 35 thi ar ..,.......r.. 99 �sste =i d • 40 1 +3..215.2 a. Act for loss at ail exer is' n ri hts to aria» landowner ar neon 1 �_r_ ter richts 41 Ar in ur or the lass of net aZ use w+►ter stefferin r�sterlal tYansfer ermitte • undthis 43 as a cons• uence oion..farrellei a ainst the vater p =Er in i4 may maintain an act 10/09 %1990 17:34 FROM TO1JN Or CARY CARY N` TO (jZn7 L AS=XnLY or- XOSTZ- CAROLINA' '!±' IesalCN 1989 i the count what* the and of the x in the count in w ch the, wa r transfer ri s cover l all -provable daggges ! r loss of riparian rahtvhv OlLln3 4 increase• in o cretin c is lost roduo ion or other a es -S-directly caused °hld.by the•mater'- tranlier: Nothing -in this pact -- . ' 6 changes or _modifies Misting_ co%mon or statute low_ with r *spect 7 to the ela ive rights Qf riparian ov rs or gthers aoncernin -,S the use 4.I- orjsposal at water in the s�tr ems of Worth �CarolirZe►., ... 9 roluct to file an objection as provided u der Oaptor 1508 Alo 10 the iasuan • f rail•ta transfer water shgjl not be deemed a, 11 f jilure ja exhaust ad inistra ve amedies nd: :s all:: not affect. '.�...'.; '. �.2. the ri h ti� a v'ii' c inns -ann ernin i a ta or,,�..�.. the le a I' r j1h t to s -wa to r.., Th . burde of jjr aaf..• i s an ' the 14 oersan alleging dame s: " -- - ....:'. . -._.. 15 •ee. � • �. �.• 7r— ?y i�ads - .asr,re 1' +'�) 6 4 "'I.152A -2s5 Pr r*gniaites.'to- acquisition af' V*tir. f"' Vator. rights; 17 etc 10 The. word `authority, as• used in G.B• 162A --7(b) through (i) 19 includes counties and --cities. acting jointly or through joint 20 agencies to provide water services or. sewer. Services or both. No 21 county or city•% acting �ointlY.. and•.•no,: � joint _ agency ' nay. dl sa 2? institute -• any Z3 proeeedinq in the "nature of eminent.•domain . to - acquire vater, 24 water rights, • or -- lands' having wate-r'-rights:,attached'- thereto-until 25 the acquisition -'ii authorized, by a certificate from 26e >lnvircismentail' Kanagement Commission .pursuant to G.-S. 162A -7. 27 Any proceeding -'to seeur6% a.,,cortificate from the Environmental 26 Management Comaission- .$hall be:�governed• by the- provisions of, G -5: 29'. 162A -7 (b) throtigh- 162A -7 I f) 30 see.-I. This act &hall become effective July 1, 1991. ��v•.. 7 .!. V1 "0a. C �r RESOLUTION OPPOSING LEGISLATION TO FURTHER REGULATE THE TRANSFER OP WATER FROM ONE RIVER BASIN TO ANOTHER WHEREAS, on November 8, 1990 the North Carolina Legislative Research Commission's Surface Water Study Committee will consider a draft bill "To Require Registration of All Water Transfers and to Require A Permit for the Transfer of one Million Gallons of Water Per Day from One River Basin to Another." NOW, THEREFORE, BE IT RESOLVED: I. 'That the Board of Directors of Orange Water and Sewer Authority finds that the results of, such legislation would severely limit valuable and proven water management options for the Orange - Chatham County area, and would tinintentionall.y accelerate environmental damage to law flow streams throughout Nortli Carolina; and 2, That such an act would provoke needless controversy and competition smclog local entities, and inhibit good water management in genuine areas of need; and 3, That the draft bill appears to address a problem without consideration cat the vast amount of other water laws of the State of North Carolina; and 4. That the Board of Directors hereby authorizes and directs its Chairman and Executive Director to transmit these comments to elected officials in the Authority's service area and to other appropriate parties and to otherwise represent the Authority's interest in following this proposed legislation. Adopted this 25th day of October, 1990. ATTEST: Riley W' son secret ar -Treasurer RECEIVED FROM 19199684421 Lois T. Herring, Chairman 15 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. Vl'� ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Rencher Street CDBG Program Amendment DEPARTMENT: Housing /Community Dev. -------------------------------- ATTACHMENT(S): Program Amendment Summary PUBLIC HEARING YES: x NO: ---------------------------------- INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill._ - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To authorize submission of a Community Development Block Grant Program Amendment for the Rencher Street Community to the N.C. Department of Economic and Community Development Department and receive comments regarding the amendment. BACKGROUND: Because of the extensive repairs required for one dwelling unit in the Rencher Street Area it is necessary to temporarily relocate the occupant during housing rehabilitation. The original Rencher Street budget does not include a line item for relocation, therefore there is a need to create a budget for this purpose. County staff is proposing a transfer of funds from the clearance and acquisition line items to create the relocation budget. Funds in these budgets will not be needed as originally proposed. State regulations require any activity changes in the original grant program receive prior approval from the Department of Economic and Community Development. The State also requires a public hearing to be held to receive citizen input prior to submission of a program amendment. All residents in the Rencher Street CDBG Area have been contacted regarding this proposed amendment. Approval of this program amendment will enable the Housing and Community Development Department to adequately complete this CDBG Project. RECOMMENDATION(S): 1 - Receive comments regarding the CDBG Program Amendment. 2 - Authorize submission of the CDBG Program Amendment for the Rencher Street Community to the N.C. Department of Economic and Community Development Department and authorize the Chair to sign the amendment documents on behalf of the Board. PROPOSED COMMUNITY DEVELOPMENT BUDGET AMENDMENT SUMMARY RENCHER STREET AREA ACTIVITY Acquisition Street Improvements Sewer Improvements Water Improvements Clearance Housing Rehab. Relocation Administration TOTAL BEFORE AMENDMENT $ 3,000 99,925 249,441 64,718 1,700 185,128 -0- 81,388 $685,300 $685,300 AFTER' CHANGE AMENDMENT - $3,000 -0- -0- $ 99,925 -0- 249,441 -0- 64,718 - 1,700 -0- + 2,700 187,828 + 2,000 2,000 -0- 81,388 $685,300 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 Action Age a d Item # A SUBJECT: Classification Study - Phase I Report DEPARTMENT: Personnel PUBLIC HEARING: _X —Yes No ATTACHMENT(S): INFORMATION CONTACT: Phase I Final Report John M. Link, Jr. (under separate cover) TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane- 227 --2031 Chapel Hill- 967 - 9251/968 -4501 PURPOSE: To make a report on the completion of Phase I of the Classification Study. BACKGROUND: On November 21, 1989, the Orange County Board of Commissioners approved the classification study and accepted the funding for the same from Z. Smith Reynolds Foundation. The Classification plan is a basic tool of personnel management. It provides an organized, systematic approach to defining positions and their duties and setting rates of pay. The primary purpose of the study was to review and evaluate all positions to determine the proper position classification and salary grade for each position and prepare new job specifications for each class of positions based upon current job duties and requirements. The study also determined if salary ranges were competitive within the area labor market, thus enabling the recruitment and retention of qualified employees for all positions. The classification study was not a means of raising employee salaries. The number of actual salary increases were minimal. We have now completed Phase I of this study. There were approximately 290 employees included in this phase. Of this number, approximately 124 employees are recommended for an increase in the salary grade assignment for their position while only 9 employees are recommended for a decrease in grade assignment. Of those employees whose positions are recommended for salary grade increases, only those whose positions are moving to a higher salary grade as a result of a reclassification or those whose current salaries are below the minimum of the new grade, will receive a salary increase. 1 2 The Orange County Personnel Ordinance, Article V, 8.0 states "An employee whose position is reclassified to a class having a higher pay range shall receive a one -step salary increase or an increase to the minimum step of the new salary range, whichever is higher. However, in no case shall the salary exceed the maximum for the range. An employee whose position is reclassified to a class having a lower pay range shall not receive a reduction in salary as a result of the reclassification." As a result of the study and our interpretation of the Orange County Personnel Ordinance, there are two groups of employees whose salaries will be affected by this study. -- There are approximately 22 employees whose positions will move to a higher salary grade as a result of a reclassification. These 22 employees will receive a one step increase or an increase to the minimum of the proposed new range, whichever is higher. -- There are approximately 19 employees whose current salaries are below the minimum of the proposed salary range. These 19 employees' salaries will be raised to the minimum of the proposed range. Phase II of this study will include Health and Department of Social Services positions. In addition, some positions in the following departments have undergone a- reorganization of duties during the course of the study or require restudy and will be included. These departments are Register of Deeds, Planning, Personnel, and Public Works. Phase 11 is targeted for completion May, 1991. At an upcoming meeting we will be asking the Orange County Board of Gommissioners to approve the adoption of the Classification Study changes to the Orange County Classification and Pav Plan with all classification changes and salary increases to have an effective date of January 7, 1991. r 61 3 POSITIONS WITH SALARY INCREASES AS A RESULT OF THE STUDY DEPARTMENT CURRENT TITLE & GRADE AGING (3 employees) Clerk Receptionist III 58 Clerk Typist III 58 Senior Center Coordinator 62 PROPOSED TITLE _L GRADE Office Assistant II 60 Office Assistant II 60 Senior Center Administrator 68 CHILD SUPPORT ENFORCEMENT (1 employee) Clerk Typist III Office Assistant II 58 60 ECONOMIC DEVELOPMENT (1 employee) Secretary IV Administrative Assistant II 60 62 EMERGENCY MANAGEMENT SERVICES (6 employees) Dispatcher Technician Asst. Telecommunications Supv 66 67 EMS Supervisor 70 EMT - Basic 60 FINANCE (1 employee) Financial Analyst 63 HOUSING (1 employee) Housing Services Director 74 MANAGER'S OFFICE (2 employees) Administrative Secretary 62 Deputy Emer Mgmt Dir /Admin 71 Same (4 employees) 62 Senior Accounting Technician 64 Housing /CD Director 75 Adman Asst to Asst Co Mngrs 66 Administrative Assistant I Admin Asst to Co Mngr 64 66 PLANNING (1 employee) Planner II Planner III 70 72 PUBLIC WORKS (3 employees) Custodian Same 55 57 DEPARTMENT CURRENT TITLE & GRADE RECREATION AND PARKS (4 employees) Program Supervisor 63 Program Supervisor 63 Program Supervisor 63 Program Supervisor 63 REGISTER OF DEEDS (2 employees) Dep Register of Deeds II 62 Dep Register of Deeds I 60 REVENUE (1 employee) Tax Clerk II 62 SHERIFF (11 employees) Deputy Sheriff I 65 4 PROPOSED TITLE & GRADE Prg Spv I -Spec Events /Pub Inf 66 Prg Spv II - Athletics 68 Prg Spv II- General Programs 68 Prg Spv I - Spec Populations 66 Dep Register of Deeds III 63 Dep Register of Deeds III 63 Revenue Technician 63 Same SOIL AND WATER CONSERVATION (3 employees) Conservation Technician Soil Conservationist (2 emp) 63 70 Secretary IV 60 TAX ASSESSOR (1.employee) Tax Clerk II 62 Administrative Assistant II 62 Appraisal Technician 63 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 5, 1990 Action Agenda Item # a;)(- SUBJECT: TELEPHONE - --EXTENDED AREA SERVICE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes _X —No ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE - EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To consider petitioning the N. C. Utilities Commission for toll -free County -wide Extended Area Telephone Service for Orange County. BACKGROUND: At the regular meeting of the Board of Commissioners on August 6, 1990, the Board affirmed its position to seek toll -free EAS for orange County. In response to comments from representatives of Southern Bell, it was agreed that the Manager, staff, Dick Helwig, Chair of TJCOG EAS Committee, and Vic Knight, Co -Chair of the Orange County Citizens Committee "EAS Yes" would meet with representatives of the phone companies and determine if an approach agreeable to both the County and phone companies could be reached. For the past several weeks we have met, and Southern Bell and Centel have jointly responded with proposals as cited below. (1) Southern Sell has proposed two options. The first., referred.to as the Community Calling Plan, would offer measured service at a 75% reduction from current toll rates. The second option is for flat -rate Orange County EAS with approximate monthly rates of 73 cents for residence lines and $2.01 for business lines. (2) Centel has proposed a similar Intra Orange Plan to provide measured service at a 75% discount from current rates. Centel's Countywide EAS PA proposal would cost $2.46 monthly for residence lines and $5.53 per month for business lines. These proposals do reflect an attempt on the part of the phone companies to respond to the County's long - standing concerns about excessive tolls assessed to phone customers in Orange County. However, the proposals would recover any immediate toll loss over the long -term for both phone companies. Historically, EAS plans approved in other regions of North Carolina have been based on rates that allow phone companies to recover equipment costs, but with no provision for lost toll recovery. The question then is: Do we accept any of these proposals, or do we request that the Utilities Commission consider a traditional EAS approach that does not provide for phone companies to recover all toll loss? We believe the latter would be in the long -term best interests, both individually and collectively, of the citizens of Orange County. The present long distance structure is an exception to normal practice in North Carolina, with the County divided into six separate toll exchanges served by four different companies. it has resulted in decades of Orange County customers paying more than necessary for long distance service. The current structure is particu- larly expensive for small businesses and individual households. Annual telephone costs incurred by the County in providing services to citizens throughout Orange County would likely drop significantly. Historical figures developed by the Public Staff of the Utilities Commission during the discussion earlier this year of Triangle -wide EAS reveal that equipment cost recovery for the phone companies would be achieved at flat rates substantially .lower than those proposed by the companies. We propose that EAS be provided by each telephone company operating in Orange County at monthly rates that permit the companies to recover costs but with no toll loss recovery. Our proposed monthly flat rate EAS charges, contrasted with those of the telephone companies are: Company Proposal County Proposal Residence Business Residence Business Southern Bell (CH) $ .73 $ 2.01 $ .10 $ .30 Centel (Hillsborough) $ 2.46 $ 5.53 $ .40 $ 1.05 Mebane Home Telephone $ .80 $ 2.10 GTE (Durham) $ 3.73 $ .25 $ .65 Centel (Prospect Hill) Centel (Timberlake) $ 1.55 $ 1.45 $ 1.10 $ 2.85 3 Of course before any EAS plan could be implemented, the N. C. Utilities Commission and the Public Utilities Staff of the Utilities Commission would have to examine incremental equipment costs of the phone companies prior to establishing any final rates. Also, the Utilities Commission may at their option submit EAS rates to a poll of the customers who would be affected by the rate changes. RECOMMENDATION: To petition the N. C. Utilities Commission to add an Orange County EAS to existing service in exchanges that serve inside Orange County, plus the portion of Chapel Hill in Durham County, RTP and RDU, and to allow the phone users to vote on the Orange County proposal. •r r'Y "r 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5 1990 Action Agenda Item # L SUBJECT: PROPERTY OF DANIEL AND EDITH BERRY PARTIAL WIDTH RIGHT -OF -WAY DEPARTMENT: PLANNING PUBLIC HEARING Yes —x—No ATTACHMENT(S): INFORMATION CONTACT: Jane Garrett Extension 2581 Subdivision Concept Plan Tax Map Letter from Applicant's TELEPHONE NUMBERS: Attorney Hillsborough -- 732 -8181 10/15/90 Planning Board Durham - 688 -7331 Minutes (DRAFT) Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider a request by Daniel and Edith Berry for a. reduction in right -of -way width from 50 feet to a minimum of 25 feet. BACKGROUND: On October 4, 1990, Planning Staff approved a Minor Subdivision Concept Plan for the Berry property. The subdivision is located on the west side of NC 57, approximately 1470 feet (.28 mile) south of Phelps Road (SR 1551). The total lot size is 6.49 acr, road approximately 850 feet in along the southern boundary of existing well is located about property line within the first is located on the lot. es. A Class C private length is proposed the property. An 25 feet from the lot. An existing house Reduction of the right -of -way from the required 50 feet to 25 feet is needed to exclude the well from the private road right -of -way. The remainder of the right -of -way will be 50 feet in width. Staff can identify no reasonable alternative to the proposed location of the road. Shifting the right -of -way to the northernmost property line would conflict with the existing septic system. All adjoining properties have more than adequate road frontage. It is not likely that the J �X �A proposed road would ever be extended to serve additional lots. There is no justification to support a flag lot. The Planning Board recommended approval of the partial width right --of -way on October 15, 1990. RECOMMENDATION: The Administration recommends approval of a partial width right -of --way as requested for the private road. X ca cob �~ b 3 n w ,. x o COP i 07 5 Y9 I 4i GS �. _ v wy 70 C h1 PAM I IEL i EDITH MM PARTIAL WIDTH k -O -W �1 3103 �\ '32.19 AC. 9) FU AC. 46 FU 1 I 14 37 / aEl a EX FU a 8424 25 o l ' 6.47 AC. 21 e (26 25s 1946AC. 9 AC. 23 I 0 AC. 7 AC 2594 4524 IZA a .8480 WI a ! / 2.55 AC 47.60 AC. o 3 ACM 9' 0205 / TO 1 " =400'_0 22 1 4 2 � w68 TOWNSHIP ' TOWNSHIP 3103 �\ '32.19 AC. 9) FU AC. 46 FU 1 I 14 37 / aEl a EX FU a 8424 25 o l ' 6.47 AC. 21 e (26 25s 1946AC. 9 AC. 23 I 0 AC. 7 AC 2594 4524 IZA a .8480 WI a ! / 2.55 AC 47.60 AC. o 3 ACM 9' 0205 / TO 1 " =400'_0 22 HARRISS, EMBREE & MARION ATTORNEYS AT LAW WILLIAM G. HARRISS Telephone KENNETH R. EMBREE F(919) 493 -8421 Fax (919) 493 -8425 JOSEPH W. MARION October 8, 1990 ORANGE COUNTY PLANNING DEPARTMENT Attention: Ms. Jane Garrett 306F Revere Road Hillsborough, NC 27278 Gr 7Z Gr 7 7 7 ...- Suite 210 Duke Forest Place 3326 Chapel Hill Boulevard Durham, North Carolina 27707 Post Office Box 51009 Durham, North Carolina 27717 -1009 RE: Property of Daniel F. Berry and Edith D. Berry to Lori and Jay Berry Dear Ms. Garrett: Thank you for the facsimile transmission today of the requirement by the Planning Department that Mr. and Mrs. Berry submit a narrative addressing why a partial width right -of -way is needed and a filing fee of $81.00 for consideration. The right -of --way is to be fifty feet (501) wide running along the property line. As you get into the property at one point there is existing a well which lies approximately twenty -five feet (251) from the property line. Between the well and the property line the area is wooded and the owners would like to retain those woods so the traveled portion of the right -of -way (8' or so plus ditches and shoulders) would remain in its current layout on the other side of the well in the 25' between it and the other side of the 50' right - of -way. This is where the existing road is currently located. The well effectively splits the right -of -way so if you go to one side you have about 25' of right -of -way and if you go to the other, you have about 25' df right -of -way. The owner proposes to continue to use the current road layout so that cutting trees would not be necessary. The 25' to either side of the well allows ample room for a Class C private road which is anticipated to serve this property. The width of the opening for the road will be sufficient for the passage of a 14 -foot wide manufactured home so it should be able to handle emergency service vehicles such as fire, rescue squad or Sheriff. This arrangement allows continued use of the well and 25' of right -of -way within which to run the Class C private road with travel way, ditches and shoulders. The turn around for the road is not in the vicinity of the well and would not be affected. ORANGE COUNTY PLANNING DEPARTMENT October 8, 1990 Page 2 The above proposal allows for a straight 50' right -of -way that abuts the property line at all places. If having a well within the right -of -way is prohibited even though it would not interfere with a Class C private road, then the application would be to taper the right -of -way from 50' down to 25' at the well then doing a tapered expansion of the right -of -way from 25' back to 50' at the property line to continue as a full width 50' right -of -way. Please let us know which way this should be drawn as the Berrys are most anxious to proceed. Sincerely yours, HARRTSS, EMBREE & 71ON William G. Harriss WGH /lb R MOTION: 7 steepness of slopes in relation to the proposed roads and whether private roads may be appropriate. Crudup responded that paved roads were recommended since they would provide safer access and less long term maintenance on the steep slopes. Best moved approval as recommended by the Planning Staff. Seconded by Lewis. VOTE: Unanimous. b. Other Plats M04010,(1) Lori Berry - Partial Width Right -of -Way . Presentation by Mary Scearbo. On October 4, 1990, Planning Staff approved a Minor Subdivision Concept Plan for the Berry property. The subdivision is located on-the west side of NC 57, approximately 1470 feet (.28 m.4-le south of Phelps Road (SR 1551). The total lot size is 6.49 acres. A Class C private road approximately 850 feet in length is proposed along the southern boundary of the property. An existing well is located about 25 feet from the property line within the first lot. An existing house is located on the lot. Reduction of the right -of -way from the required 50 feet to 25 feet is needed to exclude the well from the private road right -of --way. The remainder of the right -of -way will be 50 feet in width. Staff can identify no reasonable alternative to the proposed location of the road. Shifting the right -of -way to the northernmost property line would conflict with the existing septic system. All adjoining properties have more than adequate road frontage. It is not likely that the proposed road would ever be extended to serve additional lots. There is no justification to support a flag lot. The Planning Staff recommends approval of a partial width right -of -way of 25 feet for the specified portion of the private road. X MOTION• Waddell moved approval. Seconded by Eddleman. • k t VOTE: Unanimous. AGENDA ITEM #8: MATTERS HEARD AT PUBLIC HEARING (8/30/90) a. Subdivision Regulations Text Amendments (1) Section IV -B -1 Lot Standards Presentation by Mary Scearbo. The in purpose of this amendment was to formalize a policy requiring twice the minimum lot size for a lot which provides a septic easement for another lot. During the development of the amendment, the policy was re- evaluated. The amendment also establishes a minimum lot size for lots served by public water or sewer, but not both. A_ It was recommended that �e,a0Well square and septicetank the minimum lot size wh e are used, 30,000 square feet where eSthere nis both public water and sewer. A septic require an additional 20,000 square feet. The Orange County Board of Health endorsed ndorsedfo�e proposal on July 26,1990. The potential identifieddensity issue the byuthenplanningh Board was on identified August 20, 1990- The proposed amendment was presented for public hearing on August 30, 1990. There were no comments. The amendment was presentted�co the planning Boar( not on-September 17,1990. forwarded to the Board of Commissioners which a to concern with item 2(b) of the proposal states: Lots served t1shallscontain a disposal system and public waer least 30,000 square feet. Several membOr00pf th Planning Board felt that allowing y square foot lots would be in conflict with watershed protection standards which may be adopted for Back Creek and Little River River az watersheds. Also, the zoning of Cedar Grove Townships (tentativelysschedled fec public hearing in August of 1991) was to provide equal protection for zoned and unzon' townships. e ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item NO. y-$ ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Master Client Index File Proposal and Agreement DEPARTMENT: Manager PUBLIC HEARING YES: NO: X ------ ---- --------------- -- - - -- ---------------------------------- ATTACHMENT(S): INFORMATION CONTACT: Manager's Office Ext. 2300 Proposal and Work Agreement TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To approve proposal to develop Master Client Index File System for Human Services Departments. BACKGROUND: In April, 1990 the Human Services Management Team submitted a Pilot Project Planning Grant Application to the State. The new grant offered by the state solicited proposals/ applications from counties designed to test the concept of simplified access to human services agencies. The HSMT proposal /application requested funding for development of a Master Client Index File. In May, 1990 Orange County was one of three Counties awarded $15,000 planning grants. The one year planning grant became effective July 1, 1990. In August the HSMT selected the UNC-- School of Social work, Human Services Research and Design Laboratory to develop the Master Client Index File based on a meeting with representatives of the Lab and an initial proposal. The Assistant County Manager met several times with professors of the Human Services Research and Design Laboratory to revise the final proposal, and final proposal was reviewed by the Data Processing Department. The proposal reflects the desires of the State and HSMT. The Master Client Index File will enhance coordination, information sharing and client tracking among human services agencies. The project will be completed March 15, 1990 at a cost of $15,510. The Pilot Project Planning Grant will cover most of the amount with $510.00 expended from the County Manager's Budget. RECOMMENDATION(S): Approve proposal and authorize chair to sign work agreement with Human Services Research and Design Laboratory. Y PROPOSAL MASTER CLIENT INDEX FILE SYSTEM FOR ORANGE COUNTY, N. C. HUMAN SERVICES MANAGEMENT TEAM HUMAN SERVICES RESEARCH AND DESIGN LABORATORY SCHOOL OF SOCIAL WORK UNIVERSITY OF NORTH CAROLINA AT CHAPEL DILL CB# 35709 910 AIRPORT RD, CHAPEL HILL, N.C. 27599.3570 (919)962-2282 October 22, 1990 1 l TABLE OF CONTENTS PAQE INTRODUCTION ..... . UNDERSTANDING THE PROBLEM ..... . ............ . ..... . . Z TECHNICAL APPROACH ................ .. , .. , , . , • ...4 Phase 1: ASSESSNENT . ..............................6 Task 1: Develop and Distribute Comprehensive Assessment Form. 6 Task 2: Meet with Key Personnel in Each Department . , .. , , , . 8 Task 3: Meet with Human Services Management Team ...... , .9 Ebasm, 2: DESIGN ..... .............................10 Task 4: Evaluate and Design Hardware Layout ... . .. . .. . . ..10 Task 5: Evaluate and Design Software Data Specifications ......11 Task 6: System Cost Estimations .. , ........ ..... I 1 Task 7: Meet with Human Services Management Team ..... , ..12 l.. .............................13 Task 8: Develop Final Report .......... . .. . . . III Task 9: Brief Human Services Management Team ........ , , .14 COST PROPOSAL . , ......... .. ............15 ORGANIZATIONALrAPABn -ITIES ....... ....16 Selected Related Experiences .......... .. ........ . .. . .. 18 3 4 INTRODUCTION The specifications for the Master Client Index File (MCIF) described in this Proposal are designed to provide Orange County with a unique opportunity to improve its system of information sharing. The specifications from this project should enable the County to install the most appropriate and feasible system for information sharing with the least amount of additional effort. The design specifications to be produced will be based on the latest, cost effective technology available for this type of system, The outcome design will aid in the reduction of present communication barriers, increase information access, include measures for confidentiality and increase efficiency between the Human Services' departments. The approach of The University of North Carolina's Human Services Research and Design Laboratory (HSL) is to provide a viable solution to inter - agency coordination needs as well as guidance in implementing an Master Client Index File with Orange County's Human Services Management Team. Our strategy includes assessment and analysis of the present systems in place in order to devise an integrated system that increases information sharing between departments. Ladorasory ............... 5 UNDERSTANDING THE PROBLEM The introduction of computer systems is increasing in the Human Services, The need for this technology has never been greater, given the caseloads of many agencies and the local, state and federal reporting requirements. With reductions in costs in the technology of communication equipment, and greater computer awareness in general, Duman Service agencies are slowly becoming more automated and more efficient. A major problem in Human Services is information duplication within departments and often between departments. The paperwork involved in keeping up with clients, and the required data to local, state, and federal agencies is increasingly burdensome. Personnel are taken away from client time to interact with paper. Another problem in Human Services, is the sharing of information between and within departments. A client enters through one department but the services this client needs may involve more than a single department, or more than one section within a department. The client often has to provide the same information in each section or each department from which services are needed. By introducing an automated system between departments, duplication of services can be avoided, less time may be spent waiting to receive services, and communication between departments can be improved. Another advantage to a centralized computing and communications system is the ability to quickly gain summary information from all departments. With a more centralized system, it would be easier to consolidate information and compile it into a ..... ........ 'ZlV - -9 (UM" Ser&Ues 9Waartft & Design Laboratory ............... L single document. The data from various departments can be shared on a single data base. This should aid County Administrators in decisions on future resource allocations. A MCIF system mayalso enhance the level of information sharing between and within departments, while decreasing the paperwork load on workers and clients. An integrated system shared by all departments involved in Human Services can promote more efficient and improved services for the clients in a community. Most information related to a client can be Iocated on a central system that all departments can access. The client only has to fill out basic information once, alleviating the duplication of basic data for each section or department. Common departmental data can also be maintained on such a system. The importance of confidentiality in centralized data base management systems cannot be understated. The interests of and privileged communication between workers and clients must be protected to the extent that the law and professional ethics require. This means that careful consideration must be given to privacy and confidentiality requirements in systems development and that every effort should be made to protect selected records from being inappropriately viewed or altered from unauthorized personnel. ............... ?la(c . Nu=n .Serz? ces Xpearch & !)csign Laboratory VA TECHNICAL APPROACH This section presents the Human Services Research and Design Laboratory's (HSL) proposed technical approach to the development of specifications for Orange County's Master Client Index File (MCIF). Our approach proposes the development of a system which will incorporate a level of confidentiality necessary for the Human Services Departments within Orange County while also meeting the departments' aggregate needs. Our proposed technical approach is organized into threes major phases: Assessment, Design, and $erg, The Assessment Phase will include three tasks. The first task will involve the development and completion of an assessment protocol to be completed by each department potentially involved in the new MCIF. The next task will be to meet with key personnel within the Data Processing Department and each of the eleven Human Service Departments involved in the system. The third task will be to provide a progress report to the Human Services Management Team to update them on the Assessment Phase. The second phase, Design, includes four tasks. The fast of these tasks will be to evaluate the hardware needs for a networked system. The fifth task includes the evaluation of software components needed in the MCIF. The sixth task will involve pricing both the hardware and software needs of the system. The seventh task will involve a second progress report to the Human Services Management Team to inform the Team of the outcomes of the Design Phase. ............... 'ua(�' . �,IuntanScrvices �.searcfi e�' Design La6aratory ............ . .. E:l The third phase, Reporting, will involve developing a formal report to the Human Services Management Team. After the Team has had time to review the draft report, the HSL will carefully brief the Human Services Management Team'on our recommendations. A chart displaying these tasks and phases, along with a projected time line are displayed in Figure 1. ............... 2L-V - Num=Servica 9W arch & Vesign Laboratory C7 I H F U a a 'a ca, � r .A E-� a y 0 x - C;d V "� l a r y a c n� • 10 PHASE 1: ASSESSMENT This phase provides a careful assessment of the information systems needed and already in place within the Data Processing Department and each of the eleven departments to be included in the Master Client Indent File System. Throughout this phase, the HSL will become more familiar with the computer hardware and software already in use. It will also be important to identify the specific additional needs, if any, for each department within the system. The three tasks in this phase are • Task 1: Develop and distribute comprehensive MCIF Assessment Form • Task 2: Meet with key personnel in each department • Task 3: Meet with the Human Services Management Team Task 1: Develop and distribute comprehensive MCW Assessment Form The development of a MCXF Assessment form used to evaluate the Data Processing Department and the eleven Human Service Departments will include inquiry into three areas of information sharing: hardware, software and physical Iayout. Hardware includes the computers, printers, etc. that are used and/or needed by each department. The assessment of the software will include inquiry into software packages already in use, data which may be useful to the Master Client Index File and the confidentiality needs within and among departments. The physical layout indicates where computers are and where they are needed to enable integration of a common system. .............. vat. , uman.%rvkm 2Ww4 h & !Resign, Laboratory W The hardware portion of the form will help evaluate the present hardware in each department, determining whether any of this equipment can be integrated into the new system, or if new equipment needs to be purchased. Other considerations include the type of hardware in each department and the compatibility between departments. The evaluation of the software will involve assessing the consistency of software use across departments as well as the data requirements and data forms by local, state and federal agencies across departments. If it is possible to use common software utilities, less new material will have to be learned. Information that each department believes they need of other departments will be considered along with any information a department can offer the system. The software assessment will also determine which forms common to more than one department may be processed through the Master Client Index File. This will enable these departments to become more efficient by avoiding duplication of similar data. An important element expressed by the Human Services Management Team was that the integrated system possess the ability to set confidentiality limits. Personnel at the HSL will communicate with North Carolina state agencies to assess the confidentiality of sharing certain information between departments. Such agencies which should aid in this effort are the Institute of Government, the State Attorney's Office and faculty members in the School of Social Work who are familiar with specific related laws. This assessment will help evaluate the limits of the MCI' System with respects to the laws on confidentiality. Every effort will be made to incorporate as much information that may be shared as possible within the legal limitations necessary. .............. . �fu anServices seance & Design Labormoni ............... 12 The physical layout section of the Assessment will locate the computers already present in a department and will determine where additional computers, if needed, are likely to be placed. A map of the buildings and rooms in which the departments axe located will be necessary to evaluate the wiring for the system networking. Communication with building managers may be necessary during this phase of the project. After the development of the MCIF Assessment Form is complete, it will be distributed to the Directors of of the Human Services Departments as well as the Director of the Data Processing Department. This form should be completed by each member of the Team with support from each of their respective departments. It is important that department support be provided to insure the best assessment possible. The return of these assessment should be within two weeks of receipt. This is important in order to allow enough time for the HSL to complete the entire assessment, in order that the Orange County Human Services Management Team can make decisions for their next fiscal budget. Task 2: Meet withkey personnel in each department This task will follow the completion of the MCiF Assessment Forms. Each meeting should include personnel from the HSL, the Director of the specific department and any other personnel the Director feels can aid the process. The Data Processing Department as well as the eleven other Human Service Departments will each have a separate meeting arranged. The meetings will include detailed discussion of issues raised in the Assessment by either the department or the HSL personnel. Other areas that will ............... WV • -"fu=x 56 VkU *search dr'Dm;gn Labzmaw y ............... 13 be reviewed are any special needs of a department for the MCiF system including confidentiality. The length of these meetings will depend on the individual departments' present systems and the extent of the departments' needs in the new system. Personnel from the HSL will schedule meetings with the Director of the department at a time convenient to the staff of the Department. These meetings will be arranged after the HSL have received the completed Assessment Forms back from the department. Task 3: Meet with Human Services Management Team The purpose of this meeting will be to update the Human Services Management Team on the progress resulting from the Assessment Phase of the project. This meeting can be scheduled during the regular biweekly meeting of the Team. ............... UV - H== -5erWU Tuarck & Design Labora tory ............... 14 PHASE 2: DESIGN This phase of the study will include evaluating the equipment from the assessments of the Data Processing Department and the individual Human Services departments and designing.a Master Client Index File system for Orange County. The tasks associated with this phase are described below and consist of: Task 4: Evaluate and design hardware layout for the networked system • Task 5: Evaluate and design software data specifications • Task 6: Estimate System cost • Task 7: Meet with Human Services Management Team Task 4; Evaluate and design hardware layout for the networked system The hardware and network needs of the Data Processing Department and each of the eleven Human Service departments will be evaluated in order to design an efficient network system that will best meet the requirements of Orange County's Human Services Management Team. For this design, consideration will be given to existing and proposed hardware as well as any new hardware that is needed to support network software for the system. The physical location of a main computer server and all the individual computers in the system will be determined. It may also be possible to share equipment that departments already possess; this may make access to the system more convenient and reduce costs. ............... UV • XUman Serrriees fflp.searrh ter Design Laboratory ............... t 15 Task 5: Evaluate and design software data specifications The software assessment information from the Data Processing Department and each of the eleven Human Service departments will be evaluated in order to develop a set of data specifications for the MCIF. Specifications for software packages or special custom programs will be considered in this task. Many of the "stronger" database software packages have the ability to be programmed so that the information fields can be shared or not shared among users. Specifically, fields can be programmed to be "read only ", "read and writ$" or "not available" to specific users. Therefore, confidential information may be accessible to one department but not another, and within the accessible department may be read only information. For example, information about the type of services a person receives may be shared, while the client name is withheld, thus enabling the ability to assess service resource information while keeping a specific client name confidential. The system will also be designed so only designated users may access the system through passwords. This may be important in a department where a computer may be able to access the system while also working as an isolated computer for other department functions. The confidentiality needs of each department will be given high priority in system design. Task 6: System cost estimation The costs involved in setting up the hardware, network and software involved in a Master Client Index File will be estimated. These estimations will include cost options for system maintenance and possible future growth. ......•........ WVC •' ncanSemica 9�eje4rrh & Design Lab oratory ............... 16 Task 7: Meet with Yuman Services Management Team The purpose of this meeting will be to again update the Human Services Management Team on the specifications being prepared during the Design phase of the project. This meeting can be scheduled during the regular biweekly meeting of the Team. .......... . . . .. VNC - Awn"sen4cw *jmrck & Desivn Ladcraterry ............... 17 PHASE 3: REPORTING The final phase of the project involves compiling the information gained in the previous two phases and preparing a report to the Orange County Human Services Management Team. During this phase, a written report will be delivered and an oral presentation of the recommendations will be conducted. The following tasks are included in this section: Task 8: Develop final report Task 9: Brief the Human Services Management Team Task 8: Develop final report The information gathered from both the comprehensive assessment form and the department meetings will be incorporated into a written report outlining the findings and recommendations for the MCZF design. A section on findings will be divided into twelve subsections, one section for the Data Processing Department and one for each Human Service department. The section on recommendations will include a clear view of the overall design for the system, including hardware and software specifications and estimated costs for each. The report will be bound using GBC spiral bindings and will be printed on 8 1/2" by 11" paper with card stock used for the front, back and tab pages. Eleven copies will be distributed, one for each member of the Human Services Management Team. ............ . .. q.IV . 9tumanSdrvir-m Awamh & Dmsyn Laboratory -- ............. 18 Task 9: Brief Human Services Management Team After the report is distributed, a meeting will be arranged between 1•-ISL and the Human Services Management Team to orally review the findings and recommendations of the project. An explanation of the needs of each department in relation to the system and how the departments can interact through this system will be explained. A question /answer period will follow the presentation. This meeting should = be scheduled during the Team's regularly scheduled biweekly meetings. .............. 41V • Hu anSavkes *search & Da4n Ladomtory ............... r e 19 COST PROPOSAL The Human Services Research and Design Laboratory at the University of North Carolina proposes to conduct the work described in this proposal as a contract. There are four basic cost elements to this proposal: Assessment development and distribution Interviews with key personnel System analysis and design Reporting The specific costs for each of these elements are described below. These costs include both personnel and other anticipated direct costs. ............... ' N-C - )' u Services Aseunh CY ftiqn Laboratory ............... Assessment Interviews Analysis/ Reporting Design Personnel $1,940 $3,030 $7,960 $2,170 Other Costs $80 $70 $190 $70 Total Costs $2,020 $3,100 $8,150 $2,240 Total Costs: 15,510 ............... ' N-C - )' u Services Aseunh CY ftiqn Laboratory ............... 20 It ORGANIZATIONAL CAPABILITIES The University of North Carolina Human Services Research and Design Laboratory (HSL) is directed by Dr. Dennis Orthner. Its purpose is to facilitate research and developmental efforts by University faculty and students in new and innovative directions and to improve the quality of services delivered to communities across the state and nation. The HSL currently consists of eight persons working in various capacities within the Laboratory, all with advanced training in areas such as research design, statistical analysis, evaluation, mainframe and microcomputer programing and usage, and human services delivery systems, as well as substantive knowledge in areas that support the lab. Technical areas of expertise include: Research and evaluation studies, including impact models, case studies, survey research, and needs assessment, • Cost - benefit and cost - effectiveness analyses, Organization and management studies, Information systems development, Policy analyses, Program and research planning tools and techniques, organizational development. ........:...... 'it91.0 - xu=Servitu Y.,p k & Vesign Laboratory ............... leAl Program expertise covers a broad range of human resource and service concerns: • Programs for children, youth and families, • Programs and services for the elderly, Child care and development, Mental health, • Public health, • Community development, Social Services, Leisure and recreation programs and services. The Human Services Research and Design Laboratory works in close partnership with other support services and centers of the University of North Carolina at Chapel Hill, Within the School of Social Work alone, services include the Psycho - social Aspects of Medicine Center, and the Center for Aging Research, Education and Services. Each of these organizations has had state and national influences and has conducted studies of communities and leaders in North Carolina. Other centers further enhance the capabilities of the Human Services Research and Design Laboratory as well. These include the UNC - CH Academic Computing Center (ACS), Microcomputer Support Center (MSC) and the Office of Data and Video Communications (ODVC). The ACS offers use of a variety of mainframe computers, software and complete support for these services. The MSC offers comprehensive learning and support centers for software and hardware for MACINTOSH and PC computers. The ODVC is a support center for networking the hardware and software for a variety of different computers. ............... UNC - Human5err4w R, mth cr'Desum Laboratory 22 Selected Related Experiences The faculty and staff associated with the Human Services Research and Design Laboratory have extensive experience with computers and computer systems, both for systems development and data analyses. Recently; the HSL worked with the Onslow County Department of Social Services in developing a management information system for Adult Services. That program resulted in an automated data management and retrieval system that includes information from both clients and providers of services. The system was designed so that other community information can also be included resulting in a significant strategic planning tool for agency and community planning. The system is networked to allow multiple user access, simultaneously. In a smaller effort for the School of Social Work, the HSL coordinated user access to all faculty and staff on an electronic mail system. This involved assigning identification and confidential access to the mainframe mail system, involving all faculty and staff in seminars to learn to access and use the system and adding communication hardware to increase the ability to access the system. Other large scale efforts which include use of both the mainframe and microcomputers for data analysis and report production include a community needs assessment for Rowan County, North Carolina, a human services needs assessment for the U.S. Army world -wide, the Navy Leisure Needs Survey, an assessment in Richmond County and an assessment of the implementation and efforts of the J013S initiative for the state of North Carolina. ............... Wt C - 7funuac Setvices T, suca h & Design Laboratory ............... 23 DATE SCHOOL OF SOCIAL WORK FOUNDATION HUMAN SERVICES RESEARCH AND DESIGN LABORATORY UNIVERSI'T'Y OF NORTH CAROLINA AT CHAPEL HILL 910 AIRPORT RD. CHAPEL HrLL, N.C. 27599 -3570 (919) 962 -2282 October 24, 1990 NAME OF ORGANIZATION Human Services Management Team of Orange County Manager's Office 109 Court Street Annex Hillsborough, NC 27278 X2300 ATTENTION Mr. Albert Kittrell PHONE (919) 968 -4501 ,DOE DESCRIPTION The Human Services Research and Design Laboratory will organize and conduct an Assessment for a Master Client File Index for The Human Services Management Team of Orange County, N.C. This is to include all of the tasks and responsibilities outlined in our proposal to Mr. Albert Kittrell on October 22, 1990. Attached is a listing of project deliverables and a schedule of payments tied to deliverables. The Laboratory will bill the client upon deliver. Checks should be made payable to the School of Social Work Foundation. Social Work Foundation Authorized Signatur - �.� '� %c ir.i....,� • Date '/A' Signature of Organizational Representative Date 24 Schedule of Deliverables and Costs . l , 1. Assessments/Interviews December 31, 1990 $5,120 2. Analysis/Reporting March 15, 1991 $1Q32Q Total $15,510 1 OR AN G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5 1990 Action Agenda Item # X —C� SUBJECT: SUBDIVISION REGULATIONS TEXT AMENDMENT SECTION IV -B -1 Lot Standards DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S): Proposed Amendment Diagrams 8/10/90 Letter from Board of Health 8/30/90 Public Hearing Minutes 9/16/90 Planning Board Minutes 10/15/90 Planning Board Minutes (Draft) INFORMATION CONTACT: - Mary Scearbo ext. 2583 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 968 -4501 PURPOSE: To consider a proposed amendment to the Subdivision Regulations establishing minimum lot sizes needed to accommodate various types of wastewater disposal and water supply. BACKGROUND: The initial purpose of this amendment was to formalize a policy requiring twice the minimum lot size for a lot which provides a septic easement for another lot. During the development of the amendment, the policy was re- evaluated. The amendment also establishes a minimum lot size for lots served by public water or sewer, but not both. The attached diagrams provide examples of minimum lot sizes necessafy to meet requirements of Environmental Health, and setback and frontage requirements. It is recommended that 40,000 square feet remain the minimum lot size where a well and septic tank are used, 30,000 square feet where there is a septic tank but no well, and 15,000 square feet where there is both public water and sewer. A septic easement would require an additional 20,000 square feet. The Orange County Board of Health endorsed the proposal on July 26, 1990. The potential for increased density in the unzoned townships was identified as an issue by the Planning Board on August 20, 1990. The proposed amendment was presented for public hearing on August 30. 1990. There were no comments. The amendment was presented to the Planning Board on September 17, 1990. No action was taken at that time due to concern with item 2(b) of the proposal. Several members of the Planning Board felt that allowing any 30,000 square foot lots would conflict with watershed protection standards which may be adopted for Back Creek and Little River watersheds. The Planning Board again cited the potential for increased density in unzoned townships. On October 15, 1990, the Planning Board recommended approval of the following: IV -B -1 LOT STANDARDS 1 Lots served by individual sewage dis osal systems and-private or community-well-s--shall contain at least 40.1000 square feet. 2 Lots served by ubl'c water and ublic sewer shall contain at least 15,000 s uare feet. 3 Lots located within zoned townghij2s shall contain the minimum lot aLrga re i ed by the Orange-Count Zoning Ordi a ce. 4 Any lot which rov'd s an easement-for individual septic di§20sal for use by a different lot shall contain the minimum area required for that lot plus an additional 20.000 sauareJ feet to accommodate the se t'c easement. The portion of the amendment requiring that lots using an individual sewage disposal system and public water contain at least 30,000 square feet was not included in the recommendation. The Planning Board felt the issue could be reconsidered after the issues of watershed protection and zoning in the northern townships are addressed. The only substantive change recommended was (4) above, which pertains to the minimum size required for lots that provide a septic easement for another lot. All other revisions are for simplification of the text. RECOMMENDATION: The Administration recommends approval of the proposed amendments per the Planning Board recommendation. r 2 The proposed amendment was presented for public hearing on August 30. 1990. There were no comments. The amendment was presented to the Planning Board on September 17, 1990. No action was taken at that time due to concern with item 2(b) of the proposal. Several members of the Planning Board felt that allowing any 30,000 square foot lots would conflict with watershed protection standards which may be adopted for Back Creek and Little River watersheds. The Planning Board again cited the potential for increased density in unzoned townships. On October 15, 1990, the Planning Board recommended approval of the following: IV -B -1 LOT STANDARDS 1 Lots served by individual sewage dis osal systems and-private or community-well-s--shall contain at least 40.1000 square feet. 2 Lots served by ubl'c water and ublic sewer shall contain at least 15,000 s uare feet. 3 Lots located within zoned townghij2s shall contain the minimum lot aLrga re i ed by the Orange-Count Zoning Ordi a ce. 4 Any lot which rov'd s an easement-for individual septic di§20sal for use by a different lot shall contain the minimum area required for that lot plus an additional 20.000 sauareJ feet to accommodate the se t'c easement. The portion of the amendment requiring that lots using an individual sewage disposal system and public water contain at least 30,000 square feet was not included in the recommendation. The Planning Board felt the issue could be reconsidered after the issues of watershed protection and zoning in the northern townships are addressed. The only substantive change recommended was (4) above, which pertains to the minimum size required for lots that provide a septic easement for another lot. All other revisions are for simplification of the text. RECOMMENDATION: The Administration recommends approval of the proposed amendments per the Planning Board recommendation. PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION IV -B -1 LOT STANDARDS ORIGIN OF AMENDMENT: X Staff X BOCC STAFF PRIORITY RECOMMENDATION: X High Comment : PUBLIC HEARING DATE: August 30, 1990 PURPOSE OF AMENDMENT: Planning Board Public Other: Middle Low To revise lot standards to reflect the minimum lot sizes needed to accommodate various types of wastewater disposal and water supply. IMPACTS /ISSUES: This amendment was originally proposed to formalize a policy requiring twice the minimum lot size for a lot which provides a septic easement for another lot. It was presented for public hearing on November 27, 1989. The Board of Commissioners directed staff to receive comments from the Orange County Board of Health regarding area requirements for wells and septic tanks so that the policy might be re- evaluated. The current policy of requiring twice the minimum lot area for a lot providing a septic easement for a different lot was established during approval of the Preliminary Plan for Morelands Subdivision. However, that policy was never translated into a development standard in the Subdivision Regulations. Another aspect of the amendment addresses situations where a lot will be served by public water or public sewer, but not both. That situation is not now addressed in the subdivision regulations. The Orange County Division of Environmental Health indicated that a septic tank drain field and repair are can be located on an area of a�out one - fourth (1/4) acre (10890 square feet) under conditions of ideal soils and topography. An area of about 3/8 acre (16335 square feet) is more typical. It is required that the well be located at least 100 feet from the septic tank or drain field, and at least 50 feet from any structure. Setbacks of at least ten (10) feet are required for both well and septic tank /drain field. The attached diagrams provide examples of minimum lot sizes that would be necessary to meet requirements of Environmental Health, and setback and frontage requirements for rectangular lots in the unzoned townships. 'The absolute minimum size needed for a lot would depend on the specific location of the well, septic tank, residence, and driveway, and could be larger or smaller than any figure chosen as a 3 4 minimum lot size. The diagrams illustrate two typical lot configurations with the septic field in front of the residence and the well behind. The total, area of the lots shown in the diagrams would be needed to accommodate a well and septic tank under average conditions. The hatched areas indicate portions of the lot that would not be needed if public water were available. The cross- hatched area.shows those portions that would not be needed for the septic tank and drain field if soil and topography conditions were ideal. It is recommended that forty- thousand (40,000) square feet remain the minimum lot size where both a well and septic tank are used. Another benefit of 40,000 square feet is that in the event that the zoning restrictions are ever applied in the unzoned townships, non-- conforming lots would not be created. Where there is no well, the lot size could be reduced to 30,000 square feet while accommodating the residence and septic area. These figures would accommodate average situations, while providing a small buffer to account for variables such as lot design, house size, etc. Where there is both public water and sewer, minimum lot size is recommended to remain 15,000 square feet. Where an easement is proposed for use by another property, an additional area of 20,000 square feet is needed to accommodate a septic disposal system. The Ordinance Review Committee recommended that the minimum lot size for a lot served by a community well be no less than the lot size that would be required if a well were located on the property. A decrease in lot size for a community well would result in a higher density and more intensive use of groundwater. The proposed amendment also includes a text changes to make the provisions more easily understood. The proposal was presented to the Orange County Board of Health on July 26, 1990. The Board endorsed the amendment and a letter of support is attached. EXISTING AND PROPOSFD ORDINANCE PROVISIONS: IV -B -1. LOT STANDARDS The 'mum lot size shall be as required by the ado Comprehen Plan, Orange County Zoning Ordinaaae, or the Hillsborough Zo Ordinance whichever is icable. a) Lots served by on site s�sposal and water systems shall be at least 40,00 qu eet. b) Lots served blic or community waterFIdndsewer shall comply w' the appropriate Zoning Ordinance. c),,-Zro-ts served by public or community water and sewer that are not governed by a Zoning Ordinance shall be at least 15,000 square feet. 1 The minimum lot size in zoned townships shall be governed by the orancre County Zonina Ordinance. 2 The minimum lot size in unzoned townships shall be determined by the method of watersu]2r)lv and wastewater disposal._ a Lots served by individual sewage disposal s stems and private or community wells shall contain at least 40.000 s uare feet. b Lots served by an individual-sewage dis osal s stem and public water shall contain at least 30,000 square feet. c Lots served by ublic water and public sewer shall contain at least 15,000 s uare feet. 3 Any lot which provides an easement for individual septic 20,000 s uare feet to accommodate the se tic easement. LOT AREA NEEDS FOR WELL, ell SEPTIC TAIJ}<, LOT WIDTH AND SETA_ - DESIC�I.1I - I 20' S>nTE�4CK K ru Q135F.�I�IC� 50' OF WEL.L- I o ° ISop aF � J (M,AjltlL) tl A 2t=A 1=02 + f -T "` S -'57tM (IDEAL t^lv.1DMC7 .15i 1 STREET IT 0 K 0 rn t 1 I ' I � I L I r 0' 1 O, l [PEAL. AVr~2AC1E APPITIOMAL- AemA mmi coNVIT10fis . coilvt-riaus Fad SEPM TAMk DIs WELL- Akly zS , �7o d 3'7) 230 UuDr-2 AVEzAgr- Comp SE.P'na TAQV- 6` i L ■ SEPTIC TAMV, 2� ro2o AIZ= uT,`aVr-p TO ME T zs ' �8o - PUB_IC WA`rp_ Z SEPAz&710Ai lz L)I _F MiT; r-oR. Vl1fLL_ . J1)U -4 IGge1 LOT AREA NEf05 Foy WELL, 6 EPT I C TA`I K, DoT w I PTH Ail P S Ert3AcK5 -~ PAS I G N 11 - WELL 4 p I 'ap�SCT�CK o ►u ASCU I rl Op Wei 0 in r I M1*41MUH AeEA. FOrZ W A5TE W47Eiz p t5PO5d L SS{ST-�M (I17F-AL CalPlrIONS) 0 I m I � h 10' ❑OR SEPi►G S F-rOAGL ►36' REq�11Lir0 Wr w�prN WELL AwD SEPTIC, T, MV- IDEA L COUVIrlous -18,47 0 g Sr-PT-1 G TA J K' Z�, 620 I PU � L 16- W ATI3- ccuv ITlom -� 35,4900 2e'&4Qg1 q VV(nOevAL- A effa Nj!,r�pEp fio[? tzP-na TAAjr- 1715P0s4L. U Ill (7r-z AVtf 4C m tea! D I T•r cros Ar fZf4 U EEP=E- P Td MST 5r-�PAP,,4TiOAJ PE-:CGUI2EMffKIT5 TZ) P- Nf5L -L_ OzAk4F- COUQT`f Pt. A lu lkiq J U L--`f 1950 ENVIRONMENTAL HEALTH DIVISION ANIMAL CONTROL DIVISION P.O. Box 8181, 3060 Revere Rd. Hdlsborough. N.C. 27278 HILLSBOROUGH (919)732 -8181' August 10, 1990 (9nartge Coaty 9eaQtk Tepantmek CHAPEL HILL (919) 967 -9251 Daniel B. Reimer, MPH, Director Mr. Moses Carey, Jr., Chair Orange County Board of Comr.:issioners P.O. Box 8181 Hillsborough, NC 27278. °nIV al G° Ov I a. Ih tlsr °\�F MEBANE (919) 227 -2032 REFERENCE:, Planning Board's Policy on Minimum Lot Size Dear Mr. Carey: 0 PERSONAL HEALTH DIVISION DENTAL HEALTH DIVISIO P.O. Box 8181, 300 W. Tryon St. Hillsborough. N.C. 27278 DURHAM (9191 668- At the Orange County Board of Health Meeting of July 26, 1900, Mary Scearbo from the Orange County Planning Department presented background information on the above mentioned policy. Ms. Scearbo had consulted with our Environmental Health staff'to obtain pertinent information which was taken into consideration in the development of the policy. The components of the policy were discussed at some length by the members of the Board of Health and a motion was passed by the Board endorsing this proposed poli'cy,setting minimum lot sizes needed to accommodate various types of wastewater disposal and water supply. Would you kindly assure that the position of the Board of Health is noted,as you see fit,in conjunction with the public hearing on this issue scheduled for August 30, 1990. Please do not hesitate to call myself or Mr. Daniel B. Reimer, if you wish to clarify our position further. Sincerely, ►'( 4. kd-� Ruth A. Royster, Chair Orange County Board of Health cc: Mary Scearbo`) Tony Laws Daniel B. Reimer SOUTHERN ORANGE OFFICE: Carr Mill Mall. Suite 225. 100 N. Greensboro St., Carrboro, N.C. 27510. (919) 942 -4168 6- 08 M� � 7 9 I districts. Sale of only those goods which are custom -made could occur 2 on -site. 3 4 THERE WERE NO QUESTIONS OR COMMENTS. 5 6 A motion was made by Commissioner Marshall, seconded by 7 Commissioner Halkiotis, to refer these items to the Planning Board for 8 a recommendation to be returned to the Board of Commissioners no 9 sooner than October 1, 1990. 10 VOTE: UNANIMOUS 11 12 5. SUBDIVISION REGULATIONS TEST AMENDMENTS 13 a. Section IV -B -1 Lot Standards 14 This presentation was made by Mary Scearbo. In summary this 15 item was presented to receive public comment on a proposed amendment 16 to establish minimum lot sizes needed.to accommodate various types of 17 wastewater disposal and water supply. It is recommended that 40,000 18 square feet remain the minimum lot size where both a well and septic 19 tank are used.' Where there is no well,the lot size could be reduced 20 to 30,000 square feet. Where there is no well, the lot size could be 21 reduced to 30,000 square feet. Where there is both public water and 22 sewer, the minimum lot size is recommended to remain 15,0000 square 23 feet. If an easement is proposed for use by another property, an 24 additional 20,000 square feet is needed to accommodate a septic 25 disposal system. 26 27 A motion was made by Commissioner Marshall, seconded by 28 Commissioner Halkiotis, to refer these text amendments to the Planning 29 Board for a recommendation to be returned to the Board of 30 Commissioners no sooner than October 1, 1990. 31 VOTE: UNANIMOUS 32 33 b. Section III -C -2 Application Requirements 34 (Minor Subdivision - Final Plat) 35 This presentation was made by Mary Scearbo. In summary this 36 item was presented to receive public comment on a proposed amendment 37 to require that eight (8) copies of the Final Plat for a minor 38 subdivision be submitted with the application. Five (5) copies of the 39 Final Plat areonow submitted with an application for Final Plat 40 approval for minor subdivision. Additional copies are needed for 41 distribution to the appropriate utility providers and school district. 42 The cost to the applicant of supplying additional copies of the plat 43 would not exceed one (1) dollar per copy, according to two local 44 surveyors. 45 46 THERE WERE NO QUESTIONS OR COMMENTS. 47 48 A motion was made by Commissioner Marshall, seconded by 49 Commissioner Halkiotis, to refer these items to the Planning Board for 50 a recommendation to be returned to the Board of Commissioners no 51 sooner than October 1, 1990. 52 VOTE: UNANIMOUS 53 54 6. PRIVATE ROAD STANDARDS 10 b. Zoning Ordinance Text Amendments (1) Article 22 Definitions (Arts & Crafts Studio) (2) Article 4.3 Table of Permitted Uses (Arts & Crafts Studios) Presentation by Mary Scearbo. This item is to consider a proposed amendment to include arts and crafts studios as a permitted use in commercial zoning districts. An arts and crafts studio may qualify as a home occupation, but there is no category in the Table of Permitted Uses which addresses a studio as a f.reestanding.use. Recently a building permit was requested to construct a kiln for the firing of sculptors. Manufacturing and Processing, allowed only in industrial zoning districts, was identified as the use category which most closely matched the proposed use. The Standard Industrial Code Manual classifies a studio as a service - oriented use. The proposed amendment was presented for public hearing on August 30, 1990. There was no comment. The Planning Staff recommends approval of the proposed amendment. Jacobs asked if there was a size limit on an art: and crafts studio. Scearbo responded that the limitation is to products that are manually produced. MOTION: Best moved approval as recommended by the Planning Staff. Seconded by Waddell. VOTE: Unanimous. c. Subdivision Regulations Text Amendments (1) Section IV -B -1 Lot Standards Presentation by Mary Scearbo. This item is to consider a proposed amendment t establish minimum lot sizes to accommodate various types of wastewater disposal and water supply. 1I The initial purpose of this amendment was to formalize a policy requiring twice the minimum lot size for a lot which provides a septic easement for another lot. During the development of the amendment, the policy was re- evaluated. The amendment also establishes a minimum lot size for lots served by public water or sewer, but not both. It is recommended that 40,000 square feet remain the minimum lot size where a well and septic tank are used, 30,000 square feet where there is a septic tank but no well, and 15,000 square feet where there is both public water and sewer. A septic easement would require an additional 20,000 square feet. The Orange County Board of Health endorsed the proposal on July 26, 1990. The potential for increased density in the unzoned townships was identified as an issue by the Planning Board on August 20, 1990. The proposed amendment was presented for public hearing on August 30, 1990. There were no comments. The Planning Staff recommends approval of the proposed amendment. (Copies of proposed amendments and diagrams attachments to these minutes on pages .) Scearbo noted that clarification was needed for IV -B -1 -2 to indicate that it applies to both zoned and unzoned townships. She suggested that it read: The minimum lot size for new lots shall not be less than that appropriate for the method of water supply and wastewater disposal system. Waddell asked if it was possible that a lot could have a well but be served by public sewer. Scearbo responded that she did not know of such a case. She continued that the situation most likely to occur would be public water but individual septic system. Jacobs expressed concern with the timing of this proposed amendment noting that the majority of the two watersheds indicated are in unzoned townships. He noted that zoning of the two northern townships is an issue to be reviewed by the Ordinance Review Committee and expressed further concern with the reduction of minimum 12 lot sizes. Scearbo responded that this issue began in 1989 when twice the minimum lot size was required for a septic easement and has evolved to this point. Jacobs continued, asking Scearbo if she felt it would be reasonable to approve the proposed amendment with the exception of 3) which addresses septic easements. She responded that it would be logical. However, she felt it should remain in the proposed amendments in order that staff may.specifically address septic easements. Best expressed concern with the reduction in minimum lot sizes and increase in density. Scearbo responded by reminding the Board of a problem with a subdivision in 1989 which had a similar problem; having public water but not public sewer. There seemed to be no solution, since the Ordinance did not address lots with the combination of public water and individual septi( tanks. This particular problem was the one whicl brought this issue to the attention of the Planning Staff. Best continued, expressing particular concern with the possible increase in the number of septic tanks. He noted that the entire upper one -third of the County is in a watershed and more dense development would not provide protection for that watershed. Collins reminded the Board that the provision for 15,000 square foot lots in unzoned townships is already in the ordinance. What is being proposed is not essentially different. He continued that the water and sewer policy prohibits the extension o water and sewer into rural areas except for certain purposes (a public service such as a school and failing septic systems). Best noted again that he was opposed to the increase of density. Collins responded that the prohibition of water and sewer extension would not allow the increase in density that Best seemed to expect. Best stated that he would prefer that Little River and Cedar Grove Townships be zoned and such issues would not occur. Waddell responded that the point of recommending zoning had not yet been reached. Best indicated he also felt then that the point of approving these proposed amendments had also not been reached yet. Reid noted that the solution that Best 13 desired would take a considerable length of time and could cause hardships for property owners who may be experiencing such difficulties now. Best responded that they could be handled individually. He felt that if the entire County was zoned equally, then there would not be two sets of rules, one for zoned and another for unzoned townships. Collins stated the rationale for these proposed amendments is the capacity of the land to accept the effluent. Collins continued that he did not believe the density would be increasing at the rate Best seemed to be assuming in the two northern townships. He agreed that Little River is the fastest developing township, but, at lot sizes of 40,000 square feet or larger. He reminded the Board that there is no public water available to Little River Township. Eidenier noted that citizens are concerned with what they view as continual or constant changes. She .indicated that she felt this is one concern that Best was attempting to address by waiting to zone Little River and Cedar Grove Townships rather than approving these proposed amendments. Scearbo reminded the Board that these proposed amendments apply strictly to the capacity of the land. Where there are other or more restrictive standards, the more restrictive standards are those which are applied. More discussion followed of the concerns of changing regulations, potential for higher densities and watershed protection. MOTION: Best moved to table this item pending Ordinance Review Committee consideration of timetable for extension of zoning to the northern townships. This item to be tabled until the October 15, 1990 regular meeting. Seconded by Jacobs. VOTE: 5 in favor. 3 opposed (Boland, Cantrell, Reid). (2) Section III -C -2 Application Requirements (Minor Subdivision -Final Plat) Presentation by Mary Scearbo. This item is to consider a proposed amendment to require submittal of eight (8) copies of the 1� MOTION: Waddell moved approval. Seconded by Eddleman. s . VOTE: unanimous. AGENDA ITEM #8: MATTERS HEARD AT PUBLIC HEARING ($/30/90) a. Subdivision Regulations Text Amendments A. (1) Section IV -B -1 Lot Standards Presentation by Mary Scearbo. The initial purpose of this amendment was to formalize a policy requiring twice the minimum lot size for a lot which provides a septic easement for another lot. During the developmen- of the amendment, the policy was re- evaluated. `The amendment also establishes a minimum lot siz for lots served by public water or sewer, but no both. It was recommended that 40,000 square feet remai the minimum lot size where a well and septic tan are used, 30,000 square feet where there is both public water tiona1 sewer. 20 ,OOO septic squareafeetnt woulc require an a ddi The Orange County Board of Health endorsed f he proposal on July 26, 1990. The potential increased density in the unzoned townships was identified as an issue by the Planning_Board on August 20, 1990- The proposed amendment was presented for public hearing on August 30, 1990. There were no comments. The amendment was presented to the Planning Board on September 17, 1990. A recommendation was not forwarded to the Board of Commissioners due to concern with item 2(b) of the proposal states: Lots served by an individual sewage disposal system and public water shall contain at least 30,000 square feet. Several members f he Planning Board felt that allowing any square foot lots would be in conflict with watershed protection standards which may be adopted for Back Creek and Little River watersheds. Also, the zoning of Little River and Cedar Grave Townships (tentatively scheduled for public hearing in August of 1991) was encouraged, to provide equal protection for zoned and unz ned townships. t 15 The Planning Staff recommends approval of the following: IV -B -1 LOT STANDARDS 1. Lots served by individual sewage disposal systems and private or community wells shall contain at least 40,000 square feet. 2. served 3. Lots located within zoned townships shall contain the minimum lot area required by the Orange County Zoning Ordinance. 4. Any lot which provides an easement for individual septic disposal for use by a different lot shall contain the minimum area required for that lot plus an additional 20,000 square feet to accommodate the sep tic r easement. That portion of the proposal, requiring that lots using an individual sewage disposal system and public water contain at least 30,000 square feet, will be reconsidered after issues related to watershed protection and zoning of the northern townships,are addressed. MOTION: Best moved approval as recommended by the Planning Staff. Seconded by Jacobs. VOTE: Unanimous. AGENDA ITEM #9: MATTERS SCHEDULED FOR PUBLIC HEARING (12/11/90) a. Zoning Ordinance Text Amendments (1) Article 2.4.2.1 Development Advisory Committee Presentation by Mary Scearbo. On October 17, 1989 the Board of Commissioners approved an amendment which allows the Zoning Officer to issue a Stop work Order for activity which violates provisions of the Zoning Ordinance and could cause irreparable injury if allowed to continue. The amendment involved changes to several sections of the Ordinance. Article 2.4.2.1 was ' 1 1 O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5 1990 SUBJECT: Zoning Enforcement Cases (Civil Penalties) DEPARTMENT: PLANNING ATTACHMENTS(S): Comments on violations, Penalties and Remedies Summaries of Seven Case Histories' Action Agenda Item #- X: 1) PUBLIC HEARING Yes xx No INFORMATION CONTACT: Jim Hinkley Extension 2584 TELEPHONE NUMBERS: Hillsborough 732 -8181 Durham 688 -7331 Mebane 227 -2031 Chapel Hill 967 -9251 PURPOSE: To request the Board of County Commissioners to make written demand for payment of Civil Penalties for violations of the Orange County Zoning Ordinance. BACKGROUND: Civil Penalties have been assessed by the Planning and Inspections Department for ongoing violations of the Zoning Ordinance. Section 23.2b (Page 23 -1) of the ordinance provides that the duty to make written demand for payment of civil penalties upon persons responsible for violations lies with the Board of County Commissioners. RECOMMENDATION:. The Administration recommends that the Board of County Commissioners make written demand for payment upon the following persons in the respective specified amounts: Clara Bunn Garrett Amount: $1,500 Lori B. and Nathan McDuffie Amount: $1,500 Paul G. Scurlock Amount: $9,200 Howard and Rebecca D. Williams Amount: $3,500 Hoyle M. and Lillian W. King Amount: $8,400 Gayle and Chris McMillan Amount: $5,200 Ralph Turner Amount: $3,000 K COMMENTS ON VIOLATIONS, PENALTIES AND REMEDIES Article 23 of the Orange County Zoning Ordinance states that if there is a failure to comply with the provisions of the ordinance it shall constitute a separate violation and a separate offense. There are four penalties which may be applied, depending on the circumstances, namely Criminal Action, Civil Penalty, Injunction and Abatement, and Stop Work Orders. In all of the cases presented in this abstract, except Hoyle and Lillian King (injunctive relief has been sought), the Civil Penalty approach is the only provision of the ordinance (Section 23.2b) that has been applied to attempt to bring the respective properties into compliance. In these seven cases, an act constituting a violation of ordinance requirements subjects the offender to a civil penalty of $100. Each day's continuing violation is a separate and distinct offence. Penalties are assessed only after offenders have been notified in the proper manner. They are notified by certified, return receipt requested, mail up to three times at a minimum of two week inter- vals if the violation is not corrected early. As necessary, contact is made by telephone and in person to explain the viola - tions and the' measures to take to bring their properties into compliance with the provisions of the ordinance. Included with the third certified letter, :an explanation of civil penalties is given with the date on or before which the violations shall be corrected. In the event that violations are not corrected within the time period provided in the notice, normally 10 -30 days depending upon the case, the County Commissioners shall make written demand for payment. If payment is not received or equitable settlement reached in 30 days, the matter is referred to the County Attorney for institution of civil action in the courts. Sums recovered are deposited in the County's general fund. The lengthy time it takes to bring cases to the Board of County Commissioners so that it can make demand for payment 'of civil penalties is generally due to the process used to notify the citizenry. So that property owners are duly notified, contact is made through certified, return receipt requested, mail. This process can be drawn out for months because the Postal Service will attempt to deliver notices three times over a three week period. If an addressee cannot be found or refuses to sign for the certified letters, the process time is lengthened considerably. As can be seen in several of the seven cases, notices have had to be sent to offenders in plain white envelopes with private residential return addresses to have property owners open the County mail sent to them. r 3 Zoning Case No. 68 CLARA BUNN GARRETT 1815 Adams Place Hillsborough, NC 27278 Location: Colonial Hills Township: Eno Tax Map: 5.1.B.5 Zoning District: Rural Residential (R -1) violations: Outside storage of junked and wrecked automobiles and parts in the front yard, outside storage of junked white appliances in the side and rear yards and in the carport Accumulated Civil Penalties as of October 241 1990: $1,500 Comments: Residents of the neighborhood complain of a number of annoyances emanating from the Garr- ett premises among which in the front yard are unsightly motor vehicles in various states of repair, an assortment of auto parts, cinder blocks and timbers used to elevate vehicles, and piles of trash; in the side yards are piles of trash, white appliances, discarded furniture, piles of debris and trash. Recommendation: That demand be made for payment of civil penal- ties at $100 per day beginning on October 9, 1990, in the total amount of $1,500 as of October 24, 1990. 4 Zoning Case No. 59 FOYLE M. KING and LILLIAN W. KING (King III) Route 5, Sox 466 Mebane, NC 27302 Location: Two lots in the second tier north of US 70 about 1/2 mile east of Frazier Road and accessible via Slaughter Road Township: Cheeks Tax Map: 3.25..6 &7 Zoning District: Rural Residential (R -1) Violations: Storage of an estimated 50 -60 junked or wrecked motor vehicles. on two parcels zoned for residen- tial purposes Accumulated Civil Penalties as of October 24, 1990: $8,400 Comments: These two residentially zoned parcels were pur- chased after zoning was adopted for Cheeks Town- ship in 1984. In effect this case is an exten- sion of the King I case. The two parcels are directly north and contiguous to the two respec- tive lots of the King I case. The stipulations of the Civil Penalties letter were that the two parcels be cleared of junked and wrecked motor vehicles and other goods being stored outdoors within 34 days - -on or before July 30, 1990. Although the Kings acknowledged receipt of the certified letter and civil penalties explanation, the situation worsens as vehicles continue to be added to the property. The violations remain uncorrected. Recommendations: That demand be made for payment of civil penalties at $100 per day begin- ning on July 31, 1990, in the total amount of $8,400 as of October 24, 1990. Note: As an update on the King I case, a contempt of court hearing was held on Tuesday, October 23, 1990, and a trial on civil penalties is to be calendared subsequent to that hearing. 0 ti .. Zoning Case No. 53 LORI B. MCDUFFIE AND NATHAN MCDUFFIE Route 2, Box 121 -B -1 Apex, NC 27502 Location: West side of Buckhorn Road just to the north,of Mt. Willing Road Township: Cheeks Tax Map: 3.54..16 Zoning District: Agricultural Residential (AR) Violation: Outside storage of an estimated 15 junked motor vehicles, an unoccupied mobile home, automotive parts, batteries, motors, junked white appli- ances, building materials, and trash Accumulated Civil Penalties as October 24, 1990: $1,500 Comments: Some three weeks after receiving the third zoning violation letter and the date upon which civil penalties would begin (Tuesday, September 25, 1990), Ms. McDuffie visited the Planning and Inspections Offices on Monday,.September 24, 1990, to ask for an extension of time so that clean -up activities could continue. Be- cause it was evident that a serious effort was being made to bring the premises into compli- ance, she was given an additional seven days to complete the work on or before Monday, October 1, 1990. On Thursday, September 27, Ms. McDuf- fie visited the office again to give a clean -up status report. Field inspection revealed that acceptable progress was being made. On Monday, October 1, Ms. McDuffie returned to the office to ask for another extension, because progress was evident after field inspection, seven more days were granted on Monday, October 8. Since that time, however, little or no work has been evident, and violations continue. Recommendation: That demand be made for payment of,civil penalties at $100 per day beginning on October 9, 1990, in the total amount of $1,500 as of October 24, 1990. 6" [l Zoning Case No. 6 GAYLE AND CHRIS MCMILLAN 5 Goodyear Circle Durham, NC 17713 Location: To the west of Old School Road (second tier lot) Township: Chapel Hill Tax Map: 7.117..15P Zoning District: Rural Buffer (RB), Protected Watershed II (PW -II), University Lake Watershed (ULW) Violations: Land filling without a permit Accumulated Civil Penalties as of October 23, 1990: $5,200 Comments: Mr. McMillan dumped refuse from razed buildings, discarded substances such as paint, oil and other chemicals, general trash and garbage until Febru- ary 8, 1990, when he was instructed to stop doing so by the County Environmental Planner. Because of the nature of the dumping and the property's. location in the University Lake Watershed, the N.C. Division of Solid Waste Management was asked to participate in assessing potential damage. The Environmental Planner and personnel from Solid Waste Management determined that if the materials were removed in the immediate future, serious damage to the watershed could be abated. Since the third certified letter of May 8, 1990, with explanation of civil penalties and direction to rectify the violation by May 25, 1990, was unclaimed, the final violation letter with expla- nation of penalties was sent through the regular mail in an unmarked envelope with a home return address. On June 5, 1990, McMillan verbally agreed via telephone to rid the premises of the dumped material within two weeks (June 19). The property was not cleared by June 20, 1990. Recommendation: That demand be made for payment of civil penalties @ $100 per day beginning on September 1, 1990 in the amount of $5,200 as of October 24, 1990. r Zoning Case No. 21 PAUL G. SCURLOCK 2113 Concord Street Durham, NC 27701 Location: South side of US 70 near Palmer Road intersection (second tier parcel) Township: Eno Tax Map: 5.21..65B Zoning District: Rural Residential (R -1) Violations: Storage of goods outdoors including a junked motor vehicle and parts in a stream bed and other vehicles and surplus building materials Accumulated Civil Penalties as of October 24, 1990: $9,200 Comments: On two occasions, Mr. Scurlock said that he re- ferred the case to his lawyer. A person claiming to be his lawyer but not willing to identify him- self called once but there was no follow- through on his part. On another occasion, the Planning Department was contacted by Mr. Scurlock's broth- er who said that he would handle the matter, but there was no follow -up at that time either. The violation remains uncorrected. Recommendation: That demand be made for payment of civil penalties at $100 per day beginning on July 24, 1990 in the amount of $9,200 as of October 24, 1990. a 7 8 Zoning Case No. 50 RALPH TURNER Route 2, Box 4 Efland, NC 27243 Location: South Side of US 70 East of Forrest Road Township: Cheeks Tax Map: 3.40.C.3 Zoning District: Neighborhood Commercial -II (NC -2) Violations: Outside storage of junked motor vehicles, reconditioned construction equipment, "tires, batteries, building materials and debris, and trash Accumulated Civil Penalties as October 24, 1990: $3,000 Comments: After the first letter, Mr. Turner seemed to be very willing to cooperate by cleaning -up his property to bring it into compliance, but there was no immediate follow- through. A second letter was rejected after three at- tempts to have it delivered. Later it was sent in a plain envelope with a private return address on it. Soon after the second letter was sent, Mr. Turner responded posi- tively by having a yellow Thunderbird moved from the edge of the right -of --way of US 70 to the side of his building, but since then no other attempts to bring the property into compliance have been evident. Recommendation: That demand be made for payment of civil penalties at $100 per day beginning on September 22, 1990, in the amount of .$3,000 as of October 24, 1990. e 0 Zoning Case No. 33 HOWARD WILLIAMS AND REBECCA D. WILLIAMS Route 2, Box 130 Mebane, NC 27302 Location: Southwest corner of Mt. Willing and Buckhorn Roads Township: Cheeks Tax Map: 3.54..12 & 13 Zoning District: Agricultural Residential (AR) Violation: Outside storage of six junked motor vehi- cles, automotive parts, batteries, junked white appliances, building materials, and trash Accumulated Civil Penalties by October 24, 1990: $3,500 Comment: This case has been drawn out over a long period of time because the Williams have rejected all certified return receipt mailings to them. The US Postal Service attempted delivery of each item three times (once per week). Upon visit- ing with the Williams on Monday, October 22, 1990, it was made clear to the Planning and Inspections Department that they had no inten- tion of complying with the requests to correct the zoning violations. Recommendation: That demand be made for payment of civil penalties at $100 per day beginning on July 24, 1990, in the amount of $3,500 as of October 24, 1990. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5J _1990 Agenda Abstract Item # X- E SUBJECT: ADVERTISEMENT - DECEMBER 11, 1990 PUBLIC HEARING DEPARTMENT: Planning ATTACHMENT(S): Proposed Legal Notice Proposed Public Hearing Items Draft 10 -15 -90 Planning Board Minutes PUBLIC HEARING: Yes_X —No INFORMATION CONTACT: Planning Director X2592 PHONE NUMBERS: Rural Route 6 - Hillsborough Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To consider the legal notice and items for discussion at the quarterly public hearing scheduled for December 11, 1990. BACKGROUND: The regular quarterly public hearing of November 26, 1990 was rescheduled to December 11, 1990. The hearing was rescheduled to give new Board members the opportunity to participate in the entire public hearing process. The Board of Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. Items to be considered at the December 11, 1990 public hearing include the following: 1. Assignment of House and Building Numbers a. Rural Route 6 - Hillsborough b. Rural Route 1 - Efland C. Rural Route 2 — Efland 2. Zoning Atlas Amendment a. PD -4 -90 Weston Place Planned Development 3. Zoning Ordinance Text Amendments a. Article 2.4.2.1 (e) - Development Advisory Committee b. Article 4.2.27 - PW -II District C. Article 4.2.28 - WQCA District d. Article 4.3 - Permitted Use Table (Camp /Retreat Center and Large Day Care Home) e. Article 8.8.5 - Camp /Retreat Center (Class B Special Use Permit) f. Article 6.27 - Large Day Care Homes g. Article 22 - Definitions (Camp /Retreat Center and Day Care Facility) 4. Subdivision Regulations Text Amendments a. Section III -D -2 -e Preliminary Plat Approval (Phasing Plans) 5. Flood Damage Prevention Ordinance Text Amendments a. Article 2 - Definitions b. Article 4.5 - Manufactured Homes 6. Amendments to Planning, Inspections, and Erosion Control Fee Schedules . a. Administrative Waiver for Public Agencies and Non- Profit Housing Organizations Approval of the notice will permit advertisement on November 21 and 28, 1990 as required the the N.C. General Statutes. The proposed Zoning Atlas amendment will require notification of individual property owners. The notice must be mailed on or before November 23, 1990. At its October 15, 1990 meeting, the Planning Board recommended that all items except #2e and #5 be presented for public hearing on December 11, 1990. Items #2e and #5 will be considered by the Ordinance Review Committee prior to this meeting. Its recommendation will be presented verbally. RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for December 11, 1990. M M a � V NOTICE OF PUBLIC HEARING ON THE ASSIGNMENT OF HOUSE NUMBERS TO RURAL POSTAL SERVICE ROUTES, AND PROPOSED REVISIONS TO THE ZONING ATLAS, ZONING ORDINANCE, SUBDIVISION REGULATIONS, FLOOD DAMAGE PREVENTION ORDINANCE, AND SCHEDULE OF PLANNING, INSPECTIONS, AND EROSION CONTROL FEES FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, 240, 323, and 343; Article 20, Sections 20.5 and 20.6, of the Orange County Zoning Ordinance; and Section VIII of the Orange County Subdivision Regulations, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane, Hillsborough, North Carolina, on Tuesday, December 11, 1990, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ASSIGNMENT OF HOUSE & BUILDING NUMBERS The postal service routes. proposed for a change from existing rural box numbers to a system of permanently assigned house numbers are as follows: 1. Rural Route S - Hillsborough Route 6, Hillsborough, encompasses an area from South Churton Street southwest along Orange Grove Road to Davis Road, including New Grady Brown School Road, Crossroads Church Cemetery Road, Shamrock Road, aid the western half of Ode Turner Road; then noorthward along Dimmocks Mill Road to Ben Johnston Road, including Moorefields Road and Rex Drive; then north on West Hill Avenue from Ben Johnston Road to US 70 West, including Eno Street, Latimer Street, King Charles Road, and King Edward Road, and that portion of US 70 West.from Lloyd Dairy Road to NC 86 North; then along Frank Perry Road to Coleman Loop Road, including Daye, Dalton, Hill, Torain, Lawndale, Harper, Locust, and Tuliptree Roads. 2. Rural Route 1 - Efland Route 1, Efland, includes that area beginning at US 70, then southwest along Mt. Willing Road to Buckhorn, including Forrest Avenue, Gym Road, Center Street, Southern Drive, Watson Road, Gaines Chapel Road, and a portion of West Ten Road, Bushy Cook Road, Chestnut Ridge Road, Camp Chestnut Road, and the western third of Borland Road; then south from Buckhorn on Buckhorn Road down to and including Bradshaw Quarry Road from Orange Grove Grove Road to Applemill Road north from US 70 along up to and including eastern end of East Included also are US and including Tinnin and a portion of Teer Road; then Brookhollow Road to Efland -Cedar a portion of Halls Mill Road, Bane Lebanon Church Road, and Blacksmith 70, west from Lloyd Dairy Road to Road and School House Road. 3. Rural Route 2 - Efland extending Grove Road, Road, the Road. Fuller Road, Route 2, Efland, includes an area beginning at US 70, then extending north along Efland -Cedar Grove Road to and including Governor Scott Road; then northwest from Efland -Cedar Grove Road along Harmony Church Road to Lynch Store Road, including Shanklin Dead End, and a portion of Poteat Road and Charlie's Dead End; then all of High Rock Road extending from US 70 northwest to the Alamance County Line, including Ira Road. ZONING ATLAS AMENDMENT The proposed amendments to the Orange county Zoning Atlas are as follows: 1. PD -4 -90 Weston Place Planned Development A planned development residential subdivision is proposed on property located on the east side of Mt. Carmel Church Road (SR 1008) between Lystra Road (SR 1915) and the Chatham County Line. The property contains 67.62 acres, specifically described as Lot 15, Block C, of Tax Map 130 in Chapel Hill Township. The existing zoning classification is RB - Rural Buffer. The proposed zoning classification is PD -R -RB Planned Development - Residential -Rural Buffer. The proposed development is a residential subdivision consisting of 33 lots. Each lot is to have a minimum lot size of one acre, and 15.19 acres of open space i will be served with individual wells and development approval provided by way of a Carolina Meadows ret is required, because n existing package tr irement community. ZONING ORDINANCE TEXT AMENDMENTS s to be provided. Lots new public roads. Planned sewage disposal will be eatment plant in the The proposed.amendments to the Orange County Zoning Ordinance are as follows: 1. Amend ARTICLE 2.4.2.1 (e) DEVELOPMENT ADVISORY COMMITTEE by eliminating the role of the Committee in advising the Zoning Officer about the issuance of Stop Work Orders. 2. Amend ARTICLE 4.2.27 PROTECTED WATERSHED -II (PW -II) DISTRICT by clarifying that the PW -II zoning district overlay will be applied in the zoned portions of the - county designated as Water Supply Watershed in the Land Use Element of the Comprehensive Plan. 5 3. Amend ARTICLE 4.2.28 WATER QUALITY CRITICAL AREA (WQCA) DISTRICT by clarifying that the WQCA zoning district overlay will be applied in the zoned portions of the county designated as Water Quality Critical Area in the Land Use Element of the Comprehensive Plan. 4. Amend ARTICLE 4.3 PERMITTED USE TABLE by adding the following: a. "Camp /Retreat Centers" as a use permitted in the Rural Buffer (RB), Agricultural - Residential (AR), and Rural Residential (R -1) zoning districts following the approval and issuance of a Class B Special Use Permit. b. "Day Care Home, Large" as zoning districts in which permitted (RB, AR, R1 -13, 0 &I). a use permitted by right in all single- family dwellings are LC -1, NC -2, CC -3, EC -5, and 5. Amend ARTICLE 6 APPLICATION OF DIMENSIONAL REQUIREMENTS by adding a new Article 6.27 Large Day Care Homes which sets forth specific site plan and development standards applicable to large day care homes. 6. Amend ARTICLE 8.8 REGULATIONS GOVERNING INDIVIDUAL SPECIAL USES by adding a new Article 8.8.5 Camp /Retreat Centers which sets forth specific site plan and development standards applicable to camp /retreat centers. 7. Amend ARTICLE 14 SITE PLAN APPROVAL PROCEDURES by excepting "large day care homes" from the requirement of having a site plan prepared by a registered architect, landscape architect, engineer, or land surveyor. 8. Amend ARTICLE 22 DEFINITIONS by adding definitions of "day care home, large ", "camp ", and "retreat center ". SUBDIVISION REGULATIONS TEXT AMENDMENTS The proposed amendments to the Orange County Subdivision Regulations are as follows: 1. Amend SECTION III- D -2 -e. APPLICATION REQUIREMENTS by adding another factor which the Board of Commissioners may consider in determining whether or not to approve an amended phasing plan for a subdivision. The new provision would allow approval of an amended phasing plan if the time available to install improvements (roads, etc.) was not extended. FLOOD DAMAGE PREVENTION ORDINANCE TEXT AMENDMENTS The proposed amendments to the Orange County Flood Damage Prevention Ordinance are as follows: Ci 1. Amend Article 2 - Definitions and Article 4.5 - Manufactured Homes to conform with changes to the floodplain management regulations administered by the Federal Emergency Management Agency (FEMA). The proposed amendments include new definitions, clarifications to existing definitions, and new requirements concerning manufactured homes. In designated floodplains, replacement manufactured homes in existing manufactured home parks will have to be elevated to the base flood elevation or 36 inches above grade on reinforced piers. SCHEDULE OF PLANNING, INSPECTIONS, AND EROSION CONTROL FEES The proposed amendment would permit the County Manager or his /her designee to waive inspections, erosion control, and /or planning fees for projects providing housing for the benefit of low and moderate - income families. The same fees may also be waived for County -- administered improvement projects, major utility and /or reservoir construction by a municipality, private association, or water and sewer authority, and projected development by or for a State- supported university, the Orange County Board of Education, or the Chapel Hill - Carrboro Board of Education. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning & Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. You may also call 732 -8181 (Hillsborough), 688 -7331 (Durham) or 967 -9251 (Chapel Hill- Carrboro). Please ask for Extension 2585 or 2575. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: November 21, 1990 November 28, 1990 r ., it 11 IL a "NRNN.q RN'Llatmo--m� 7447 r r I aw *may GL m� P X vi- R (PLEASE TYPE OR PRINT - INK ONLY) D 8/88 is -31 -9v APPLICATION FOR CLASS A SPECIAL USE PERMIT ORANGE COUNTY BOARD OF COMMISSIONERS DATE: /_Z� / 90 APPLICATION NUMBER: PD- -V(We) request a Class A Special Use Permit as provided for in Article 7 of the Orange County Zoning Ordinance for L •440 9E_vel'oPHerrr- 'NUCr;j(r, Z2 , Ce�cA•rr -56, 51N4L a FAM o ,, Sorg it 77rZ P4A -AAx n.) 6 b -W he . MO can s s i-A-ID AAC - Twenty -six (26) copies of a Site Plan, prepared by a registered North Carolina surveyor or engineer, are provided as required by Article 8.8 and which contain the following information: ✓ North point, scale, and date. ✓ Extent of area to be developed. ✓ Locations and widths of all easements and rights -of -way within or adjacent to the site. ✓ Location of all existing and proposed structures on the site. ✓ Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soils maps. ✓ Location of all water courses on the site, including direction of flow. ✓ Existing topography at a contour interval of five (5) feet based on mean sea level datum. Existing and proposed fencing, screening, gates, parking, service, and storage areas. Access to site, including sight distances on all roads used for access. (PLEASE COMPLETE REVERSE SIDE) The following in formation- is- provided in support of this request: A. PROPERTY INFORMATION: Street Address or Location: /ooe "r Ao" A-T L- /#r);rM c .'U Orange County Tax Map /30 Block G Lot(s) /S Township G+f►f��c. i� Zoning District(s): UGA1, -E_.r, Lot /Parcel .Size: C • 6,6.411/ !-,4 acres or Z_ AfZ.Bata_ _square f.-et Number of Existing Buildings: ori b _ -Gross Floor Area: 2000 square feet Number of Proposed Buildings: 33 Gross Floor Area: %7, 35D square eet Water Supply: Public (Specify) Community- ✓ Individual Wastewater Disposal: Public (Specify) ✓ Community al —Individt School District: C~15,c o Fire District: "09 774 CN-A -fi at F. General Land Uses in Area: Ctt:kZf4_ Pe ljr ronAtIIJ WOODLAWO ' 63USiNt c R6S49e,4C e-Ak Critical Areas: N0^JC- ' o #Je-5hAt,Stream /Drainageway finis Flood Prone Area -e- �3DEOA,4 L.A Watershed (Specify) nloir Historic Site Other (Explain) WE-n_mos B. SITE PLAN INFORMATION: Twenty -six (26) copies of a Site Plan, prepared by a registered North Carolina surveyor or engineer, are provided as required by Article 8.8 and which contain the following information: ✓ North point, scale, and date. ✓ Extent of area to be developed. ✓ Locations and widths of all easements and rights -of -way within or adjacent to the site. ✓ Location of all existing and proposed structures on the site. ✓ Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soils maps. ✓ Location of all water courses on the site, including direction of flow. ✓ Existing topography at a contour interval of five (5) feet based on mean sea level datum. Existing and proposed fencing, screening, gates, parking, service, and storage areas. Access to site, including sight distances on all roads used for access. (PLEASE COMPLETE REVERSE SIDE) : OTHER SUBMITTAL INFORMATION: .E �!►�tevatioas of all structures proposed to be' used in the development. Two (2) full -sire copies of the applicable Orange. County 'Tax Map, one (1) copy with the property 1n question clearly marked. ✓ The names and addresses of the property owners) and /or applicant(s), and the .�� games and addresses are all persons owning property within five hundred (500) feet of the property is question. ✓ Application fee as set by the Orange County Board of Commissioners. N v�Traf fie impact study as required by Article 13 of the Zoning Ordinance. Additional information regarding the proposed Special Use as required by Article 8 of the Zoning Ordinance. Narrative (or letters from appropriate agencies) indicating; 1. Method and adequacy of provision of sewage disposal facilities, solid waste dispdsal, and water service. Where public sewer is not available, a letter from tho Orange County Health Department certifying the suitability of the existing and /or proposed wastewater treatmept system for the property. 2. Method and adequacy of police. fire, and rescue squad protection. 3. Method and adequacy of vehicular &teats to the site and traffic conditions around the site. (%Vc), the applicant(s), hereby certify that the foregoing application and supporting joeumentation is complete and accurate. I understand that it shalt be my (our) responsibility to present evidepce to the Board of Commissioners the form of testimony, :xhibits, documents, models, plans, and the like to support the request for approval of the Class A Special Use Permit. X 1 71. a,PrLICANT W;NA E(S) /d / &A _/ 9- DATE NOTE: If title to the above mentioned property is not in the name of the applIcaat(s), please include a letter from the owner(s) signifying approval of the request. w •!!!+!!r•• 4ASSl1F!• srsssswr• s••!■ ssy/! lFFl��!!r* llrsslrswss /sss «s4slA�ll/ssssss PEES; Amount S 6-92-65- Date Paid:.' Q/ J J 0 Receipt �i -7 2 7 0 Gk"* # 00 6 40.7 r- G: � r,, .. LEL- E-+ w w x U W x U E� H O N W �I a g v I e a a� w o �I W }+ N J m iJ L�.1 O cc U '� b � 41 � 7 4J mil.•, •�A Q$ o w v b u G w � o a x u N � CA o W w � a a w o x d L A b lu I-- N w W Q •-I b 14 b aw ar C: Cd o "4 rL Ai °0 Z Cd v I e a a� w o �I W }+ N J m iJ L�.1 O cc U '� b � 41 � 7 4J mil.•, PC a o w v b u G w i� J o a u CA o w a a w o x d qa W s c(1 u 41 w m z � k Sn o O+ cd �► N 0 o a � A > Vi 0 4 Ai �4 E E-4 I '• to 3 4 c ed G v1 a p'e M g ai 0 PA a a b vo •• 0 x 0 ao 0 0 0 eq er u w o o E3 M oL a) 0 a w w a as c ro c ,-+ p 4J co C N o i.l ed N d) cn rpe m ° ri v r°a v P E 4 w A OTC 12 `l O v C t 4 N m 0 .il V C 0 0 0 ei u u m a C 61 u ° Z e 10 11 p F1'(�FUW D 150003A L o- -5 1. 9 10 -23 -90 Weston Place Subdivision Planned Development Housing Chapel Hill Township, orange County, N.C. Project Summary 1. Project Description: A. Land Area - 67.62 net acres; 2.03 acres are located in Durham County and are not part of this application and will never be developed. Gross Land area is 66.41 ac. B. Topography - the site is rolling, slopes vary from flat to a maximum of about 15 percent. There are no streams. Several intermittent drainageways are generally located on open space or along lot lines. There are excellent buildable areas on all lots. C. Vegetation - except for 1 ac along Mt. Carmel Church Road which has scattered, large oaks, the site is heavily wooded in mature pines (20 yrs old) in old field areas and mature hardwood stands in areas not recently cultivated. D. Existing Structures - there is one, single- family rental house on the property at this time. The rest of the property is woodland. E. Proposed Lots - the site will be developed into 33 single family lots, each over an acre in size, which have been clustered on the high ground in the best areas with regard to slopes, mature trees and'' separation from existing or future uses. The lots have been clustered to provide for efficient roads and sewer service and to provide about 28 percent of the land area in open space and recreation area. F. Phasing - the development is proposed in three phases 1 of 4 2. 12 of 6, 14 and 13 lots respectively. The recreation improvements are located in Phase 3 and it will not be practical to construct those facilities in an earlier phase. We proposed that temporary recreation facilities in the form of picnic tables, horseshoes, and badminton be temporarily located in the open space at the west end of the site and then those facilities be relocated to their permanent location in Phase 3 at the beginning of that phase. G. Recreation Facilities - are private and will consist of an access road ( with 50' frontage), 5 parking spaces, walking trails (0.3 mi), badminten court, volleyball court, 2 horseshoe areas, and six _(6) picnic tables. H. Proposed Pond -- a small farm pond of about 3 acres in surface area held back by a earthen dam of about 10 feet in height is proposed. This will not be a dam or impondment which requires state, only local, approval. There are wetlands located in the pond area and the pond will only be built if permitted by local, state and federal authorities. Adjoining Uses A. North -- undeveloped woodland, farmland and single family residences. It is about one mile to the Town limit of the Town of Chapel Hill. B. East - Durham County and B. F. Jordan Reservoir. The land is owned by the United-States-of America although it is several miles to the closet-point on the actual pool of the reservoir. C. South - Chatham-County,.U.S.A. property and Carolina Meadows Retirement Community. Carolina Meadows currently has 218 dwelling units and 336 people located on a site of about 34 acres. Further south about 1 mile, on Mt. Carmel Church Road is the Governor's Club Golf and Residential Community, which.is a 1000 -acre development. D. West - Mount, Carmel Baptist Church, single family residences and small business which front on'Mt. Carmel Church Road. 3. Water Supply A. will be provided by individual wells on each lot. 2 of 4 13 4. Sewage Collection and Disposal A. Collection system within the subdivision will be by private gravity sewage lines, most likely 8 inches in size, maintained by the Weston Place Homeowner's Association. Some individually operated sewage pumps at individual houses will be required because the sewer mains will be located in the public street and some homes may be built below the sewer elevation. This will generally be each homeowner's choice, dependent on the exact house placement on the lot. B. Disposal system will be via the Carolina Meadows package sewage treatment plant. This plant is authorized by NC Department of Environment, Health and Natural Resources, Water Quality Permit #NC0056413 which permits 350,000 gallons per day. The plant has been constructed for 50,000 gallons per day capacity with upgrade capacity to the permit level of 350,000 gallons. The plant is currently treating about 20,000 gallons per day (40% of capacity) which comes from Mt. Carmel Baptist Church in Orange County and from the 218 dwelling units in Carolina Meadows. The proposed 33 lots in Weston Place will generate about 13,200 gallons per day; with the addition of this flow to the current flow, the plant will be at about 66 percent of capacity. "Capacity" excludes additional capacity for a factor of safety and temporary storage - areas which have already been built into the plant to accommodate any unforeseen events. The existing plant is operated by Mr. Tom Harden, an N.C. licensed operator, and the plant is in compliance with N.C. regulators for discharge quality and submission of monthly reports. 5. Traffic and Roadways A. Mt. Carmel Church Road. Weston Place has approximately 300 feet of frontage on Mt. Carmel Church, an NCDOT secondary road currently carrying 4,200 vehicles in average daily traffic (both ways). The sight distances of 840' to..890' in both directions at the proposed intersection to the site are.' excellent and will result in a very safe intersection as proposed. Page 3 of 4 B. Subidivision Streets - will be public streets built to NCDOT standards, 20' and 18' in pavement width, in accordance with County and NCDOT guidelines. C. Traffic Generated - based on the ITE 1987 Trip Generation Report, Weston Place when fully developed is expected to generate 332 new trips per day, or approximately an eight percent increase in the traffic on Mt. Carmel Church Rd. The P.M. peak hour traffic is expected to be 33 trips of which 18 will approach from the north and 15 from the south. With 18 trips from the north per hour, or one every three minutes, a left turn lane off Mt. Carmel Church onto Oak Run is not necessary. The A.M. peak hour traffic is., expected to be 26 trips, with about 14 trips turning right to the north and 12 trips turning left to the south. Again, it will not be necessary for a dedicated left turn lane as Oak Run exits the subdivision. The results of this traffic analysis show..that Weston Place will have a very minimal impact on traffic volumes on nearby public roads and can be built safely and within NCDOT guidelines. Page 4 of 4 14 A PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 2.4.2.1(e) (Development Advisory Committee) ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public Other: County Attorney STAFF PRIORITY RECOMMENDATION: PUBLIC HEARING DATE: December PURPOSE OF AMENDMENT: To consider a Zoning Ordinance Development Advisory Committee IMPACTS /ISSUES: High Middle Low Comment: 11, 1990 amendment to delete any role of the in the issuance of Stop Work Orders. 15 On October 17, 1989, the Board of Commissioners approved an amendment which allows the Zoning Officer is issue a Stop Work Order for activity which violates provisions of the Zoning Ordinance and could cause irreparable injury if allowed to continue. The amendment involved changes to several sections of the Ordinance. Article 23 (Violations, Penalties and Remedies) was amended to establish a Stop Work Order as a penalty for a violation. Article 2.3.3 (Board of Adjustment Administration) was amended to establish an appeal procedure. Article 2.4.2.1 was amended to expand the duties of the Development Advisory Committee to render advise to the Zoning Officer in the issuance of Stop Work Orders. The County Attorney has indicated that the Development Advisory Committee should have no role in the enforcement of the Ordinance. In practice, decisions regarding Stop Work Orders have been made by the Zoning Officer, with input from the County Attorney when needed. The proposed amendment would delete paragraph 2.4.2.1(e), which was inadvertently recommended for approval on October 17, 1989. EXISTING AND PROPOSED ORDINANCE PROVISIONS: 2.4.2.1 Duties and Res onsibilities The Development Advisory Committee has the following duties and responsibilities. The Committee shall: a) Review proposed amendments, Planned Developments, Special Uses, rezonings, and subdivisions for the Zoning Officer on the technical issues raised; and 16 b) Review in cooperation with the Zoning Officer the relationship between the Comprehensive Plan and this code; and C) Produce, as required, for all County governing bodies and planning boards a report on such amendments, Plann Developments, Special Uses, rezonings, subdivisions or other technical issues that may be referred to the Committee; and d) Render technical advice and recommendations related to this Ordinance and its operation. the eT the to i ' odes -r Adffi4n4seveter that tel-y. ORDINANCE REVIEW SUBCOMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: October 3, 1990 COLEMAN, BERNHOLZ, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW 129 E. 1'RYON STREET P.O. DRAWER 1529 HILLSBOROUGH, NC 27278 919 -732 -2196 919- 942 -5000 FAX 919- 732 -7997 CHAPEL HILL OFFICE SUITE 300. THE CENTER 1506 E. FRANKLIN STREET CHAPEL HILL. NC 27514 919. 929 -7151 FAX 919. 929 -3892 ALONZO B. COLEMAN, JR. STEVEN A. BERNHOLZ ROGER B. BERNHOLZ GEOFFREY E. GLEDHILL DOUGLAS HARGRAVE G. NICHOLAS HERMAN KIM K. STEFFAN MARILYN E. TOME[ JOE L. WEBSTER TERRY G. HARN JANET B. DUTTON Of Counsel BONNER D. SAWYER (1902 - 1972) July 25, 1990 Ms. Mary Scearbo Planner III Orange County Planning Department 306F Revere Road Hillsborough, North Carolina 27278 Re: Zoning Ordinance - 10/17/89 amendments related to stop work orders Dear Mary: 17 While looking for something else, I ran across Section 2.4.2.1(e) of the Zoning Ordinance. That section calls for the "Development Advisory Committee" to render advice to the Zoning Officer pertaining to the issuance of a stop work order. On or about October 5, 1989, you sent me a copy of the proposed Board of Commissioners action agenda item abstract dealing with the stop work order revisions to the Zoning Ordinance. We spoke briefly thereafter by telephone. During that telephone conversation I opined that the Development Advisory Committee has really no place in Ordinance enforcement and should not be rendering advice to the Zoning Officer pertaining to stop work orders. Further, I suggested that the power to issue the stop work order should not be repeated in this section. It is included within Article 21 of the Ordinance. .I suggest, as a technical correction, that this reference to the stop work order and the authority to issue a stop work order be removed from .Section 2.4.2.1. GEG /lsg Very truly yours, Gledhill 0 1° PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Section 4.2.27 PW -II District Section 4.2.28 WQCA District ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High X Middle Low Comment: PUBLIC HEARING DATE: December 11, 1990 PURPOSE OF AMENDMENT: To correct a technical discrepancy between the Zoning Ordinance and Zoning Atlas, and provide consistency in wording. IMPACTS /ISSUES: Section 4.2.27 of the Zoning Ordinance describes the intent of the PW- II Protected Watershed Zoning Overlay, and identifies the areas to which the overlay may be applied. The application criteria specifically refers to the zoned portions of the University Lake, Cane Creek and Upper Eno Watersheds. At the time that the PW -II district was first adopted, these were the only water supply watersheds designated on the Comprehensive Plan. In late 1988, the Land Use Element of the Comprehensive Plan was amended to designate Back Creek, Flat Creek, and Little River Watersheds as Water supply Watersheds. Although the water impoundment to which the streams flow is not located in Orange County, is it like] that the water contained within those impoundments may be used by residents of Orange County in the future. The Zoning Atlas we's also amended in late 1988 to apply the PW--II Zoning Overlay to the portions of those watersheds within Cheeks, Hillsborough and Eno Townships. Article 4.2.27 of the Zoning Ordinance should have been amended at that time to reflect the expansion of are designated as.water supply watershed. Article 4.2.28'describes the intent and application criteria for the WQCA Water Quality Critical Area overlay. The proposed amendment to this section is for clarification only. UK EXISTING AND PROPOSED ORDINANCE PROVISIONS: 4.2.27 Protected Watershed II (PW -II) District a) Intent It is the intent of Orange County to regulate the uses of land and structures in watersheds which drain to reservoirs supplying drinking water to the people of Orange County. . . . . b) Application Criteria The Protected Watershed II (PW -II) is established as a district which overlays other zoning districts established in this ordinance.. . . . 1. This district will be applied to the zoned portions of , ca,je ezeek ;272d j:11@ land designated as Water suR]21_v watershed on the Land Use Element of the edep Comprehensive Plan. 4.2.28 Water Quality Critical Area (WQCA) District a) Intent It is the intent of Orange County to regulate the uses of land and structures in the portions of water supply watersheds which are immediately adjacent to the water supply impoundments.. . . b) Application Criteria The Water Quality Critical Area (WQCA) District is established as a district which overlays other zoning districts established in this ordinance.. . 1.: This district will be applied to portions of protected water supply watersheds a$ designated as Water Quality Critical Area in the Land Use Element of the a4sp4e4 Comprehensive Plan. ORDINANCE REVIEW SUBCOMMITTEE: October 3, 1990 PLANNING BOARD REVIEW: BOCC REVIEW: PROPOSED ORDINANCE AMENDMENT 20 ORDINANCE: Zoning Ordinance REFERENCE: Section 8.8.5, Article 22, Section 4.3 ORIGIN OF AMENDMENT: x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: I High Middle _x—Low Comment: EXPECTED PUBLIC HEARING DATE: November 26, 1990 PURPOSE OF AMENDMENT: To add a new section addressing Camp /Retreat Centers to the Zoning Ordinance. Camp /Retreat Centers would be classified as a Class B Special Use in the Agricultural Residential (A.R),'Rural Residential (R -1) and Rural Buffer (RB) zones. Appropriate definitions would be added to the definition section of the ordinance. IMPACTS /ISSUES: The Zoning Ordinance does not presently address Camp /Retreat Centers. if a new.Camp /Retreat Center were proposed under the existing ordinance, it would be classified as non- profit recreation or a community center, both of which are classified as Class B'Special Use Permits. This amendment would specifically set up a Camp /Retreat Center as a Class B Special Use Permit and provide specific standards that would apply. Existing Camps or Retreat Centers would have to obtain a Class B Special Use Permit to expand. w EXISTING ORDINANCE PROVISIONS: Section 8.8..5 - Reserved Article 22 . "Camp" - no present definition "Retreat Center" - no present definition PROPOSED AMENDMENT: 8.8.5 Cam Retreat Center tClass B Special Use 8.8.5.1 Additional Infa ation In addition to the information required by Subsection 8.2 and 8.8, the following shall be submitted as part of the application: a) A Site Plan showing all existing:or proposed buildings, tents, campsites, storage areas, fencing and gates, outdoor recreation areas and all other requirements as indicated in Subsection 14.2. b) Access road(s) to the site, as well as on -site roads, with an indication of type of proposed surface. C) A description of the exact type of facility planned, the size and use of proposed buildings, the number of participants; a signed statement from the owners or operators that there shall be no activity allowed that will have adverse effects on adjacent property. -The statement shall also include a complete list of all recreational activities that will take place on the site. d) A phasing plan indicating the area to be developed in each phase with time periods for construction of each phase. This may be indicated on the site plan. 8.8.5.2 Standards of Evaluation The following specific standards shall be used in deciding on an application for this use: a) Lot size and soil suitability shall be adequate for the method of sewage disposal, unless public sewer is proposed to be extended. Appropriate letters from Environmental Health, local jurisdictions and /or the State Division of Environmental Management shall be submitted to indicate preliminary approval. b) The site plan shall show the distances to the nearest residential structures. C) The landscape plan shall show how the facilities will be screened from the adjacent properties. A minimum 30 foot Type B buffer, as indicated in Section 12.6.1 shall be observed around the perimeter of the property. d) If improved recreational facilities are proposed such as tennis courts, basketball courts or other facilities where safety may be a concern, the improvements must meet the site improvements requirements in Section IV -B- 7-b-4 of the Orange County Subdivision Regulations. This would not include a general open field to be used as a play area. The site plan for recreational facilities shall be reviewed by the Orange County Recreation and Parks Director. e) Off street parking requirements shall be as required in Section IV- B -7 -b -4 of the Orange County Subdivision z Regulations for improved recreation facilities. Retreat z Centers must meet the same parking requirements as for churches in Article 10 of the Orange County Zoning Ordinance. Article 22 Definitions "Camp" - A recreation use which may include locations for tents, cabins, or other recreational sleeping structures, but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not - for - profit corporation. "Retreat Center" - A new or existing facility operated by a corporation or association of persons or churches for social and recreational purposes. A retreat center may be owned by a profit or not - for -- profit corporation. ORDINANCE REVIEW SUBCOMMITTEE: October 3, 1990 MAW��L;..�LC= -:0 4A!#f3t1A1j3 IT•I614 I ft 15&4--3fa a.: co W W U U H H C C W W to Ln D f. E W Ln v c� W W L L W O N7 in J W F- tJ'1 N i Lei LA W Ix Q C V1 W J -j a n n a Lai H E H W 4 r+1 77 a - C �^ ro G W «� u O u Ln C CO u u m C Ln ._ m N E 7 m D w N ` W I to LLw W r L ca t: '9 G W ~ Ub Ln _ i..l d 1 Lf'� . N C L fD L O Ql 4: U v co 7+ C C — L — to y r+ ^ OL. N L3 I I d cl! U .J � C O r I m Z r d I U J — v m v, L c _O cn S m u =^ J G m .�.� a O u c -o �. ^ «- d rn — u O m LU — — pf fD ccl C La w 7 O O O d m^ C to O al G L G Ln tm it .� M u a1 Vr .� O .^ fn O C 7 Ln Ln L a+ w m Ln Q7 01 C" r IJ C W -- an u 0 d vi in n &n 7 cr w En 4l a) L L E L 4.0 G C O u L m L O— O O Q. a7 &P a1 = L. u L— a - d a) C P-0 O O 1 a c � +r m d L 'Z C a+ of C N C c C O r — V1 7 �.. 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N C L fD L O Ql L C 4A -Y co 7+ C C — L — to y r+ ^ OL. - M C O w 3 W ro +-+ d u .-. — v m v, L c _O cn S m u =^ J G m .�.� a O u c -o �. ^ «- d rn — u O m LU — — pf fD rD La w 7 O O O d m^ C to O al G L ++ 1n tm it .� M u a1 Vr .� O .^ fn O C 7 Ln Ln L a+ w u Ln .� u 01 C" IJ C W -- an u 0 of vi in O rD &n 7 E w En 4l a) L L E L 4.0 G C O u L m L O— O O Q. a7 &P a1 = L. u L— a - d a) d 1 P-0 O O 1 a c � +r a) -- d L C C a+ of C n r C O M — V1 7 �.. _0 E V rG �D O O u -- u u 0 0 L- C C O �+- 7 z m � w 3 1= z Ln Ln cn z w H — 0 0 � a C C N r+9 -7 L11 I'D N N L L L L L L L L L L L { PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Articles 4, 6, 14, and 22 ORIGIN OF AMENDMENT: _X Staff Planning Board —X—Staff Public — X—Other: Child Care Networks STAFF PRIORITY RECOMMENDATION: X`High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: December 11, 1990 PURPOSE: To revise existing Zoning Ordinance provisions applicable to day care centers to be consistent with State licensing requirements. IMPACTS /ISSUES: Day care facilities are currently permitted in residential zoning districts upon approval of a Class B Special Use Permit. In commercial and office zoning districts, such facilities are permitted by right. 24 Recently, Child Care Networks contacted the Planning Department about a new category of child care arrangement approved and licensed by the N.C. Child Day Care Commission. The new category is a "large day care home" and is termed a "home" because it is usually located in a family residence. A large day care home may have from six to 15 children, but the actual number depends upon the ages of children. Child Care Networks requested that the current ordinance provisions be amended to allow large day care homes but without the necessity of obtaining a Class B Special Use Permit. The amendments presented below are proposed in response I to Child Care Networks' request. Staff commentary regarding specific provisions is provided in italics. EXISTING PROVISIONS: See attached provisions. PROPOSED AMENDMENTS: The proposed amendments are as follows: ARTICLE 22. DEFINITIONS Proposed changes /new provisions are highlighted in bold. 25 Day Care - Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are not minors, and guardians or full -time custodians. Day care Facility - Any day care center or child care arrangement that provides day care for more than five (5) children, not including the operator's school age children, under the age of 13, on a regular basis of at least once per week for more than four (4) hours but less than 24 hours per day, and those operating fewer than four (4).hours per day that provide care for more children per adult care giver than would be permitted in an AA State licensed center, regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: public schools; non- public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provides a course of grade school instruction to children who are of public school age; summer camps having children in full -time residence; Bible schools conducted for no more than three (3) weeks during vacation periods; and cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable any participating parent to be employed. Day Care Home, Large - Any day care facility that provides day care for more than five (5) but less than sixteen (16) children. 'ARTICLE 4. PERMITTED USE TABLE Proposed changes /new provisions are highlighted in bold. Amend Table 4.3- Permitted Use Table by revising the wording for H1- Day Care Facility to read,as follows: H1 Day Care Facility, other than Large Day Care Home Add a new permitted use, Hla - Day Care Home, Large, to Table 4.3- Permitted Use Table. Large day care homes would be permitted by right in all zoning districts in which single - family dwellings are permitted. These would include: Rural Buffer Residential -13 Agricultural- Residential Local Commercial -1 Residential -1 Neighborhood Commercial -2 26 Residential -2 Community Commercial -3 Residential -3 Existing Commercial -5 Residential -4 Office & Institutional Residential -5 Residential -8 [The proposed amendment would allow large day care homes (5 -15 children) as a use by right in all residential zoning districts. Day care facilities with more than 15 children would still be permitted in residential districts upon approval of a Class B Special Use Permit. Day care facilities, including large homes, located in commercial or office districts, would also be required to obtain a Class B Special Use Permit.] ARTICLE 6. APPLICATION OF DIMENSIONAL REQUIREMENTS Proposed changes /new provisions are highlighted in bold. 6.27 Large Day Care Homes [While permitting large day care homes by right, development standards are included to- address the potential impacts of such a use in a residential area. The standards are incorporated into a new Article 5.27 and are almost identical to those applicable to larger facilities. The principal difference is that large homes would be subject to administrative (staff) approval rather than that of a quasi - judicial board.] 6.27.1 Site Plan Requirements In addition to the information required by Article 14.2, the following shall be submitted as part of an application for site plan approval: a) Evidence that the minimum requirements to qualify for a State of North Carolina large day care home license have been satisfied. b) X floor plan of the proposed day care home, showing the use and dimensions of each room and the location of entrances and exits. 6.27.2 -Standards For Evaluation The following standards shall be used in deciding on an application for site plan approval for the use: a) The day care home is to be located in an area which is free from conditions dangerous to the physical and moral welfare of the children. b) The minimum requirements to qualify for a State of North Carolina large day care home 27 license are satisfied. c) There is direct access from the property on which the day care home is to be located to a State - maintained road or a private road approved by Orange County. Where direct access is to be provided to a day care home from a private road, the Zoning Officer shall require the upgrading of the private road to a higher classification, based on the number of homes currently served by the road and the projected traffic to be generated by the day care home. The appropriate road classification shall be determined by the Orange County Subdivision Regulations and /or Private Road Standards. d) Adequate access to and from the site as well as adequate space off the road right -of -way, is provided for the safe pick -up and discharge of children and is provided in such a manner that traffic generated by the day care home is not disruptive to adjacent residentially developed properties. e) Each home is required to provide at least 75 square feet of outdoor play space for every child in care. This space may not be located in an area which is used or reserved for use as a sewage disposal nitrification field. Fencing and /or screening is to be provided around the outdoor space which assures the protection of the children receiving day care, protects adjacent residentially developed properties from trespass, effectively screens the view of any outdoor play area, and reduces noise associated with the operation of the day care home. Eadh day care home approved by the Zoning Officer shall be reviewed annually by him /her to assure compliance with the standards of evaluation for --such facilities. Any change in the operation of -the day care home will constitute a modification and require the approval of the Board of Adjustment under the provisions of Article 8 of this ordinance. In determining whether a change in the operation of the day care home has occurred, the Zoning Officer shall be guided by the procedures and criteria contained in Article 8.7. [The standards of evaluation are essentially the same as those required for larger facilities and used by the Board of Adjustment in deciding on an application. One additional standard included as part of the amendments is a restriction on the location of outdoor 2Q play areas. The requirement of 75 square feet of outdoor space is a State standard. If the outdoor space is located on existing nitrification fields or space reserved for that purpose, the soil may be compacted or a low pressure system damaged by the pedestrian traffic. The restriction is simply an effort to prevent such a situation from occurring. A concern common to all types of day care facilities is the amount of traffic likely to be generated by such a use. Day care involving less than six children is not licensed by the State or regulated by the Zoning Ordinance. If a large day care home may have up to 15 children, the difference between the two day care arrangements is ten children. In a worst case situation, this would mean that an additional 20 vehicular trips are generated by the use..This is equivalent to the trip generation of two single - family homes. Under the provisions of Article 6.27.2 c) above, the operator may'be faced with upgrading a road to a higher standard. This provision is intended to address specific concerns about traffic and its impact on a road.] ARTICLE 14 - SITE PLAN APPROVAL PROCEDURES Proposed changes /new provisions are highlighted in bold. 14.2 APPLICATION REQUIREMENTS 14.2.1 PROFESSIONAL DESIGN AND CERTIFICATION Each site plan shall be prepared by a registered engineer, landscape architect, architect, or land surveyor; however, in some cases, professional design and certification of the plan may not be required. Exceptions include, but are not limited to the following: d. Large day care homes, as defined in Article 22, Definitions. [Large day care homes would be required to submit a site plan for Planning Department approval but the plan would not have to be prepared by one of the - registered professionals .identified above. The purpose of this amendment is to help reduce the start -up expense for, day care operators.] ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: r C a m m O s O� C p O O a s 0 N do U m b O m y u_ m 0 x 0 A Y W ° Ir 0 0. E I N N x pl a �+ a o m a q • en r+ a N w M + U 6] w I-lul N z ` a • . 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M a w • i w ce a a + cz 0.' , a .0 w a a C 17 O C 0 L 10 v +a v tr C w L 7 MI m +J u -0 u L dr q w w.. m 9 0 C L q 0 0 m.0 m �. m .mi C E 8 C S 0 s 04 IN •4 w -4 v .000 .0 w �+ x ...q 7r C >.44 a a 61 4...a C1 U o ° M .++ O E C OW+ F �4 w O a N r ° 0 x y m Ir a 0 E M m m m a 4 O m m m u u q G information and /or task force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix of or as l a supplement are also considered part of the 1 Comprehensive Plan. *Day Care - Any child care arrangement under which a child less than 13 years of age receives care away *Amended from his own home by persons other than his 1 -3 -89 parents, grandparents, aunts, uncles, brothers and sisters who are not minors, and guardians or full -time custodians. *DAY Care Facility - Any day care center or child care arrangement that provides day care for more *Amended than five (5) children, not including the 1 -3 -89 operator's school age children, under the age of 13, on a regular basis of at least once per week for more than four (4) hours but less than 24 hours per day, and those operating fewer than four (4) hours per day that provide care for more children per adult care giver than would be permitted in an AA State licensed center, regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: public schools; non - public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provides a course of grade school instruction to children who are of public school age; summer camps having children in .full -time residence; Bible schools conducted for no more than three (3) weeks during vacation periods; and cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable any participating parent to be employed. Dedication - A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is entailed, dedication must be made by written instrument and is completed with an acceptance. Deve o ment Intensity_ Definitions - (See Non - residential Land Area, Non - residential Floor Area, Residential Floor Area, Floor Area Ratio, Open Space, Open Space Ratio, Liveability Space, Liveability Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian /Landscaped Space, ' Pedestrian /Landscaped Space Ratio.) Dwelling, Multi -F ily - A building or lot containing three or more dwelling units. 22 -7 11 *8,8.16 xa e Facility *8.8.16.1 Add' ional Information *Amended In addition to the information required by Articles 8.2 and 1 -3 -89 8.8, the following shall be submitted as part of the .application: a) Evidence that the minimum requirements to qualify for a State of North Carolina day care facility license have been satisfied. b) A floor plan of the proposed day care facility, showing the use and dimensions of each room and the location of entrances and exits. *8.8.16.2 Standards of Evaluatio *Amended The following standards shall be used in deciding on an 1 -3 -89 application for the use: a -) The day care facility is to be located in an area which is free from conditions dangerous to the physical and moral welfare of the children. b) The minimum requirements to qualify for a State of North Carolina day care facility license are satisfied. c) There is direct access from the property on which the day care facility is to be located to a State - maintained road or a private road approved by Orange County. Where direct access is to be provided to a day care facility from a private road, the Board of Adjustment shall require the upgrading of the private road to a higher classification, based on the number of home currently served by the road and the projected traffic to be generated by the day care facility. The appropriate road classification shall be determined according to the Orange County Subdivision Regulations Private Road Standards. d) Adequate access to and from the site as well as adequate space off the road right- of�way, is provided for the safe pick -up and discharge of children and is provided in such a manner that traffic generated by the day care facility is not disruptive to adjacent residentially developed properties. e) Fencing and /or screening is to be provided which assures the protection of the children receiving day care, protects adjacent residentially developed properties from trespass, effectively screens the view of any outdoor play area, and reduces noise associated with the operation of the day care facility. Each day care facility approved by the Board of Adjustment shall be reviewed annually by the Zoning Officer to assure compliance with the standards of evaluation for such facilities and any conditions attached to the application by the Board of Adjustment. Any change in the 8 -19 32 operation of the facility which deviates from the original standards and conditions will constitute a modification and will require the approval of the Board of Adjustment. In determining whether a change in the operation of the facility has occurred, the Zoning Officer shall be guided by the procedures and criteria contained in Article 8.7 and Article 8.8.16.2. 8.8.17 Radio and Television Transmitting and Receiving Towers, and Flevated water Storage Tanks Class H Saecal Use 8.8.17.1 Ulditional Information In addition to the information required in Subsection 8.2 and 8.8, the following shall be submitted as part of the application: a) A Site Plan showing siting and size of all existing and proposed structures, existing and proposed topography at a contour interval of five feet and any officially designated floodways and floodplains, or the presence of alluvial soils. b) Plans, and elevations for all proposed structures and descriptions of the color and nature of all exterior material. C) A Landscape Plan showing, at the same scale as the Site Plan, existing and proposed trees, plus shrubs, ground cover and other landscape materials. 8.8.17.2 Standard of Evaluation The following specific standards shall be used in deciding upon an application for approval: a) Adequate provision has been made, by means of fencing or otherwise, for the security of the site. b) A minimum lot size shall be adequate for the proposed use. R c) Adequate provision has been made for the protection of adjacent property from the dangers of collapse, fire, flooding or other menaces to public health and safety. 8.8.18 Build nds = TeMRgrary_ Use C as $ SRMcjaJ Ugg) 8.8.18.1 Additional rma . In addition to the information required in Subsection 8.2 and 8.8, the following shall be submitted as part of the application: a) Site Plan showing all existing and proposed structures on the site, existing and proposed topography at a contour interval of five feet, existing and proposed landscaping, parking areas, access points, any officially designated flood plains, 8 -20 73 Child Care q- O D SUITE 222 CARR MILL CARRBORO, NC 27510 919-942-0184 732 -9210 September 5, 1990 Marvin Collins, Director Orange County H13sborough, NC 27 ?_78 Dear Marvin: We are so pleased that you understand and are willing to help us with the zoning problem we have en=Lntemd with rogard to the new category of Large Day Care Homes. Enclosed is a handout from the State Day Care Section on Large Homes. I have highlighted the information I think you will find most pertinent. Ploase let rle know it you need any other information from us or if there are any meetings to attend to explain this further. It be be wondc;ful I this ::ar be resolved in favor of simplification for Large Homes by the end of Octobe-. Sincerely, i c 111 Nancy Park Adminis!rative Director It b6v out the best in all of 115. NORTH CAROLINA'S CHILD DAY CARE LICENSING LAW 34 N.C. State ~Law (Article 7, Chapter 110 of the Generol Statutes) governs day care arrangements In which three or more children under 13 years of age receive care away from their own home by persons other than their parents, grandparents, aunts, uncles, brothers, sisters, guardians or full -time custodians, or in their. own home when unrelated children ore also In care, The Child Day Care Commission adopts the requirements for these day care arrangements, and the Child Day Care Section of the Division of Facility Services Inspects them for compliance and issues the license (permit to operate). The maximum number of children that may be in care at one time determines the requirements that a day care program must meet. The Commission has adopted regulations for five sizes of arrangements: small and large child day care homes; and small, medium and large day care centers. The term "home" Is used for the two smaller sizes of programs because they are usually in a family residence, but they occasionally may be located elsewhere. The requirements summarized in this pamphlet are for large homes. Information about the requirements for each size of child care arrangement may be obtained from the (919) 733-33- 4801. Child Care Section, 7D1 Barbour Drive, Raleigh, NC 27603 -2006; telephone If you wish to comment or rnake, a suggestion about the requirements adopted by the Commission or the administration of the licensing law, write to the Division of Facility Services, 701 Barbour Drive, Raleigh, NC 27603 -2008. MILD A13USE AND NEGLECT Reporting The low requires any person who suspects that a child is abused or neglected to report the case of that child to the county department of social services. The person making the report does not have to Identify himself, but if he does, the department will keep his Identity confidential. A person cannot be held liable for making a report if he is acting In good faith, even If it Is found that the child has not been abused or neglected. When reporting, give the department of social services at/ the Information you knew about the child and the circumstances of abuse or neglect. What Are Abuse and Neglect? Abuse occurs when the parent or caretaker, of a child harms the child physically or emotionally. Encouraging or Involving the child In Immoral, Indecent _or delinquent .activities, including pornography, is another form of child abuse, os Is committing or allowing any sexual act with a child. A neglected child i.s one who does not receive proper rare. , supervision or discipline; or who Is ahandoned. Neglect may occur when a child Is not giver, necessary medical or remedial care, or when he lives In ore environment which may he harmful to his welfare. A child who is placed for care or adoption in violation of the low is also considered neglected. Some signs of physical abuse are bruises, burns, cuts, scars, and vaginal discharge or disease. An emotionally abused child might be unusually quiet or timid, overly active or aggressive, or especially afraid or affectionate with strangers. A neglected child might appear malnourished, tired. dirty, Inappropriately clothed, or be unsupervised. If you need additional information about whether you should report a situation, contact your county department of social services, or the Chid Day Care Section at 701 Barbour Drive, Raleigh. NC 27603-2008; telephone (gig) 733 -4801. (The laws which define abuse and neglect are contained in General Statutes 7A -517, 14- 318.2, and 14-318.4) LICENSING REQUIREMENTS FOR LARGE HOMES 3 5, Large Child Day Care Homes must be licensed by the State of North Carolina and must display that license at all times when children are in care. The purpose of the licensing requirements Is to: (1) protect the health and safety of the children, (2) assure that persons who operate the home and who provide care to the children have some training and experience In group child care, and (3) provide children In care with adequate space, equipment and opportunities for Indoor and outdoor activities appropriate to their ages. Some of the requirements for large homes are summarized below: HEALTH AND SAFETY Every large home must be Inspected to show that It meets applicable fire, sanitation, and building codes. Operators must also comply with local zoning requirements. Monthly fire drills and a plan for emergency medical care are required. The operator of tlir, home must keep records for Tech child which Include medical statements, Immunization records, ottendanre records, and Informal /on which Is needed for the child's health and safety. The parent must provide the operator with the following Information: who to contact in an emergency, who Is allowed to take the child away from the home, and what allergies or special health problems the child has. The parent must also give the operator written permission to get emergency medical attention for the child. When a child needs to be given medicine, the home must hove written instructions from the parent, or from, the child's doctor If It Is a prescription medicine. If the home transports children, It must comply with state safety standards Including those for the driver's license, vehicle Inspection, and child restraints or seat belts. Also, the parent must give the operator written Permission to transport the child. STAFF There are limitations on the total number of children who can be present In o large home. All children who are younger than 13 years, except the operator's own school -age children, must be counted, if all the children present are school - aged,as many as 15 children may he cared for at one time. if there are any younger children present the home may have no more than 12 children at one time. • There are also the following limits on the number of children who may be cored for by one person: Age Range of Children Number of Children Allowed -- In the Care of 1 person Al! Younger than Age 4 - - - - -- 6 Birth.through Age 12 ---=---- - - - - -- 8 (and no more than 3 children Age 2 through 12 10 may be younger than 1 year old) Age 3 through 12 ------------------ 12 All school -age --------------- -- - - -- 1s No person who has been convicted of abuse or neglect may work, live or otherwise be present In a home. Caregivers must be literate and at least 16 years old, but no one younger Than 18 may be In charge of the children. The person responsible for the operation of the home must be at least 21 years old and have at least one Year's experience caring for children In a day core home or center. Before being employed, each staff person must have a doctor's statement saying he or she Is able to care for children. Every staff person must update this health Information and have o tuberculosis test every year. After being hired, staff members are required to have at least 20 hours of training each year. At least one person must be able to recognize common infectious diseases and one staff person must he tralnorf in fled ,dw PROGRAM The hwne must Provide at least 25 square 6 square feet of fenced space outdoors for every child In cope space �ndoors and 75 There must he a written schedule of activities posted where parents con see It, and It must Including outdo sh" opportunities for both and or play, quiet active ploy times, Children under 2 years of age should receive a at of individual attention from the coreglver, and they must be allowed to play and crawl outside of cribs OF playprns often during the day. Each child of this age must he allowed to not, sleep, play, and use the toilet or ha ur. his diaper changed according to his own needs. When children are 2 years old or older, the home Is required to provide following ortivlt y materials: art and other creative play materials the such he paper, crayons, ploydough, points and paintbrushes; dramatic play materials such (Is clothes for dress -up and play kitchens; m'anipulotive toys (those that help children learn to use their hands) such as puzzles, blocks,efc.; and children's books. The home must make at least three of these types of activltles available to the children every day. There must be enough materials for three activities of each type. Children of this age must be allowed to choose some of their ploy activities. All equipment and materials must be appropriate for file age and size of the children In care. The meals and snacks that are served must meet the child's basic needs for a healthy diet and must be prepared and served In a sanitary way. Every preschool -age child must have the opportunity to 17010 or rest every day using an Indivldual bed, cot, crib or mat with clean linens. The operator must tell parents in writing how children are disciplined. childChildren mv �. not he punished physic In any way or be locked up.' No Y punished for eating, sleeping, or tollefing problems, and no child may be allowed to discipline another child. 17 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations REFERENCE: Section III -D -2 -e ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High X Middle Low Comment: PUBLIC BEARING DATE: December 11, 1990 PURPOSE OF AMENDMENT: To consider a proposed amendment to the Subdivision Regulations a major which would add another basis for allowing the phasing p an subdivision to be revised. IMPACTS /ISSUES: On January 8, 1990 the Subdivision Regulations were amended to allow revisions to the phasing plans of major subdivisions. The amendment provides a remedy for development plans for which the 12 -month time limit for obtaining Final Plat approval had expired or was about to expire. Six criteria used to justify revised phasing plans were set forth in Section III- D -2 -d. On September 4, 1990, the Board of Commissioners approved a revised phasing plan for Four Birches Subdivision. The Preliminary Plat for Four Birches expired on August 1, 1990. Road and landscaping improvements were not complete, and there had been no security posted to assure their completion. The revised phasing plan allowed an additional four months (December 1, 1990) to receive Final Plat approval. If the improvements are not completed by that time, then security must be pdsted. However, conditions of the phasing plan approval state that, even if secured, the improvements must be completed by August 1, 1991. Had the subdivision been approved on August 1, 1990, security could have been posted for a period of one year, requiring the applicant to complete the improvements by that same date of August 1, 1991. Four Birches' justification for a revised phasing plan, when compared with the current criteria set forth in Section II- D -e -2, did not present a strong case for approval. The fact that proposed phasing would not extend the time limit for completion of improvements was the basis for the administration's recommendation for approval, and the Board of Commissioners approval of the Four Birches phasing plan. The Board of Commissioners directed Staff to prepare an amendment to Section II -D -e -2 allowing approval of a phasing plan if the time available to install improvements was not extended. s 10 EXISTING AND PROPOSED ORDINANCE PROVISIONS: III -D Application and Approval Procedures III -D -2 Preliminary Plat Approval III -D -2 -e Action Subsequent to Approval . . . In determining whether to approve an amended phasing plan,the Board of Commissioners shall consider: (1) whether or not approval of other diligently pursued regulatory requirements can be obtained before the expiration of the time periods established in the phasing plan; and (2) the quality of and length of time of the experience of the subdivider in managing development projects; and (3,) whether factors other than market conditions and beyond the control of the subdivider caused a delay in meeting the phasing plan; and (4) whether the development project, if completed consistent with the approved Preliminary Plat, will tend to aid or meet an important public policy goal established by the Board of County Commissioners; and (5) whether the application for an amended phasing plan was submitted before the previously approved time limit(s) has lapsed; and (6) the possibility of and practicality of the subdivider and developer completing the development project consistent with Orange County regulations applicable if the phasing plan amendment is not granted; And 7 whether the time by which im rovements must be-completed or i stalled would not be extended by the revised T)h!Asina plan. ORDINANCE REVIEW SUBCOMMITTEE: October 3, 1990 PLANNING BOARD REVIEW: BOCC REVIEW: - - __ -_-�_ - _fr`w .. :�� - -� .- -�-'_ : -- _ - - . •f " - -". �- R , :'- �.. that would involve the Planning f asked that there be an appeal procedure 2.:. Director,he Manager and County Attorney. John Link indicated they .t would set up such a procedure. = .. Commissioner 4 Willhoit referred to Section 3.2.2 which refers Scearbo indicated this should be changed 5 to hazardous materials and Mary 6 to hazardous waste. 7. _ Motion was made by Commissioner Willhoit, seconded by 8 _ 9 Commissioner Marshall to approve the Environmental Impact Ordinance as 10 amended. The. Ordinance is hereby made a part of these minutes y 11 == reference and is attached to these minutes on pages 13 VOTE: UNANIMOUS 14 15 E. FOIIR BIRCHES - AMENDED PHASING PLAN MEOP. 16 Planner_Mary- Scearbo presented an amended phasing plan for 17 Four Birches Subdivision. •: The. preliminary plan was approved by. the 18 Board of Commissioners on August 1, 1989. On July 25, 1990, the 19 applicant submitted an application for Final Plat approval. The 20 application was considered incomplete since the required improvements 21 had not been made and. security was not provided for their completion. 22 On January 8, 1990, the Subdivision Regulations were amended t ant has 23 revisions to the phasing plans of major subdivision. The app 24 indicated that improvements will.be completed by August 1, 1991. 25 -`: Motion was made by.- commissioner Marshall,. seconded by 25,-_-; Commissioner Halkiotis to.approve extending the deadline for receiving 27 approval of the Final Plat for Four Birches to' December 1, 1990, and = 2$ that Section II -D -e -2 of the Subdivision Regulations be amended to add a phasing plan may be approved if the time available to complete 2g- that 30 -the- construction - -of- •-imp rovements is not extended: 31 VOTE: UNANIMOUS 32. 33 - F. MICHAEL CAMPBELL - PARTIAL WIDTH RIGHT -OF -WAY 34 Motion was made by Chair Carey, seconded by Commissioner 35- Halkiotis to approve a partial width right -of -way of 30 (approximately 36' Rock Road to the northernmost property line of Lot 15H (approximately 37 550 feet in length). 38 VOTE: UNANIMOUS 3 9 ... 40 G. NOVEMBER 27c 1990 PUBLIC HEARING - ALTERNATIVE DATE• " y Chair Motion was maderYthe Quarterly Public Hearing o from November 4 2 _ :.:. Carey to change the date f o 27f'-1990 to December 11, 1990. -'44 VOTE: AYES, 3; NOES, commissioner Willhoit. 45 -46- ZI. APPOINTMENTS .47 The following appointments were made to the AGRICIILTIIRAL 48- DISTRICTS ADVISORY BOARD 49 Elizabeth Walters - Cedar Grove Township 50 Chris Hogan - Chapel Hill Township 51 Robert Nutter - Bingham Township 52 Pearson Stewart - Chapel Hill Township 4o PROPOSED ORDINANCE AMENDMENT ORDINANCE: FLOOD DAMAGE PREVENTION ORDINANCE REFERENCE: Article 2 - Definitions Article 4.5 - Manufactured Homes ORIGIN OF AMENDMENT: x_ Staff BOCC Other: STAFF PRIORITY RECOMMENDATION: High Comment: Planning Board Public Middle _x _Low EXPECTED PUBLIC HEARING DATE: December 11, 1990 PURPOSE OF AMENDMENT: To comply with revisions recommended by the Federal Emergency Management Agency. IMPACTS /ISSUES: The Federal Emergency Management Agency (FEMA) has recently revised the floodplain management regulations. Orange County received a memo from the agency in Atlanta recommending changes to the Orange County Flood Damage Prevention Ordinance. These revisions are additions and clarifications of existing definitions to correspond to the model ordinance definitions and new.requirements concerning Manufactured Homes. Replacement Manufactured Homes in existing parks will now have to elevate to the base flood elevation or 36 inches in height above grade on reinforced piers. The proposed amendments to the Flood Damage Prevention Ordinance reflect these recommended changes. EXISTING ORDINANCE PROVISIONS: ARTICLE 2. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in'common usage and to give this ordinance its most reasonable application.. "Anneal" means a request for a review of the Zoning Officer's interpretation of any provision of this ordinance. "Area of stiecial flood hazard" is the -land in the floodway and floodway fringe as defined in this ordinance. "Artificial obstruction" means any obstruction, which is not a natural obstruction, including any which, while not a significant obstruction in itself, is capable of accumulating s debris and, thereby, reducing the flood- carrying capacity of 41 the stream. "Base flood" means the flood having a one percent chance of being equally or exceeded in any given year, also known as the 100 -year flood. "Development" means any man -made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. ,,jXjgtjng Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities including utilities, final grading or pouring of pads and the construction of streets is completed before the effective date (March 2, 1981) of the Flood Damage Prevention Ordinance adopted by Orange County. (AMENDED 9 -20 -88 TO ADD DEFINITION) "Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of additional manufactured home sites in an existing manufactured home park or subdivision beyond those that had been completed prior to the effective date (March 2, 1981) of the Orange County Flood Damage Prevention Ordinance. (AMENDED 9 -20 -88 TO ADD DEFINITION) "Flood Boundary = Floodwa M_ap (FB -F )" means the official maps for Orange County, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Rate Man F( IRM)" means the official maps for Orange County, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report written for Orange County by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base flood.. '. Floodway" means that portion of the stream channel and floodplain of a stream designated to provide passage for the base flood without cumulatively increasing the water surface elevation more than one foot. As used in this ordinance, the term refers to that areas designated as floodway on the Flood Boundary- Floodway Map or on the Flood Insurance Rate Maps prepared by the Federal Insurance Administration. "Habitable Floor" means any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage is not a habitable floor. 4 "Lowest Floor" means.the lowest floor of the lowest enclosed area (including basement). An unfinished or floor resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable 'non -- elevation design requirements of this ordinance. (AMENDED 1 -3 -89 TO ADD DEFINITION) "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "Start of Construction" for other than new construction or substantial improvements under the Coastal Barriers Resources Act (Public.Law 97 -348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab, or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Stream ".means a water course that collects surface runoff from an area of one square mile or greater. "Structure" means a walled and roofed building that is principally above ground, as well as a mobile home. "Substantial Improvement" means, for a structure built prior to the enactment of this ordinance, any repair; reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either (1) before the improvement or repair is started or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to 4.1 occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration effects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any repair, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State of North Carolina Inventory of Historic Places. "Variance" means a relaxation of the terms of this ordinance where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. 4.5 MANUFACTURED HOMES a. On the effective date of this ordinance, no manufactured home shall thereafter be placed in a floodway. In an existing manufactured home park or subdivision, a manufactured home removed may be replaced at the same location. b. All manufactured homes to be placed or substantially improved within Zones Al -30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, provided, however, the elevation requirement applies only to manufactured homes placed or substantially improved in expansions to existing manufactured home parks or subdivisions. The elevation requirement does not apply to other manufactured homes placed or substantially improved in existing manufactured home parks or subdivisions except where the repair, reconstruction, or improvement of the streets, utilities or pads in the existing manufactured home parks equals or exceeds fifty percent (50 %) of the value of the streets, utilities or pads. (AMENDED 9- 20 -88) In addition, all manufactured homes to be placed or substantially improved within Zones P.1 -30, AH, and AE shall be securely anchored to an adequately anchored foundation system in accordance with the following provisions: (AMENDED 9- 20 -88) (1) over -the -tap ties be provided at each end of the manufactured home, with one additional tie per side at an intermediate location on manufactured homes of less than fifty feet and one additional tie per side for manufactured homes of fifty feet or more; 44 (2) frame ties to be provided at each corner of the manufactured home with four additional ties per side at intermediate points for manufactured homes less than fifty feet long and one additional tie for manufactured homes of fifty feet or longer; (3) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (4) any additions to the manufactured home be similarly anchored. Other anchoring techniques specified in the FEMA's manual, "Manufactured Home Installations in Flood Hazard Areas" published September, 1985, may be utilized in place of the methods specified in subsections 4.5 (b) (1) and (2). (c) Manufactured homes may be placed in the floodway fringe for manufactured home parks or subdivisions and for manufactured homes not placed in a manufactured home park or subdivision as long as the following requirements are met: (1) stands or lots are elevated so that the lowest floor of the manufactured home is elevated to or above the base flood elevation; (2) adequate'surface drainage and access for a hauler are provided; and (3) in the instance of elevation on pilings: (a) lots are large enough to permit steps; (b) piling foundations are placed in stable soil no more than 10 feet apart; and (c) reinforcement is provided for pilings more than 6 feet above the ground level. PROPOSED ORDINANCE PROVISIONS: ARTICLE 2. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Addition ,L,t_o zn existinct building)" means any walled and roofed expansion to the perimetAr of a building in which the addition is connected by a common load-bearing wall other than a Eire wall. Any walled and roofed addition which is 45 connected )ay a fire wall or is separated by independent erimeter load - bearing walls is new construction. "A-010 al means a request from a review of the Zonin Officer's interpretation of any provision of this ordinance. "Area of Shallow Flooding" means a designated AO or VO Zone on a community's. Flood Insurance Rate Map F1 with base flood depths from one to three feet where a clearly defined channel does not exist,_ where the path of floodin is unpredictable and indeterminate, and where velocity_ flow may be evident. "Area of Special Flood Hazard" is the land in the flood lain within a community subject to a one erp_cent or rg_eater chance of being equaled or exceeded in any given year. "Artificial obstruction" means any obstruction, which is not a natural obstruction, including any which, while not a significant obstruction in itself, is capable of accumulating debris and, thereby, reducing the flood- carrying capacity of the stream. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100 -year flood. "Basement" means that lowest level or story which has its floor subgrade an all sides. 'Breakaway Wall" means a wall that is not part of the structural support of the building and is 'nth ended through its design and construction to collapse under svecific lateral loading forces without causin damage to the elevated portion of the building or the su portin foundation system. A breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 Rounds per square foot. A wall with loading resistance of more than 20 hounds per square foot requires a r)rofessional engineer or architect's certificate. "Building ".means any structure built for su -onort, shelter, or enclosure for A=. occupgncy or storage. "Development" means any man -made change to improved or' unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. "Elevated Building" means a non - basement building built in the case of a building in Zones Al -n.30, AE, As A991 AC, AH, L Cs or X to have the ton of the elevated floor, or in the case of a buiiding in Zones V1 -V30, VE, or v_ to have the bottom of the lowest horizontal structure member of the elevated floor above the cround means of piling1 columns osts and iers shear wells parallel to the flow of water and, lba adequately anchored so as not to im air the structural integrity of the buildincr during a flood ug to the Magnitude of the base flood. In the case of Zones Al -A30, AE. A,- A99, A0, AH, 1 1 and X,. "elevated building" also includes a building elevated by means of fill or solid foundation erimeter walls with 02enings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1_ -V30, VE, ar 1 "elevated building" also includes a building otherwise meeting the definition of "elevated.building_, even though the area below is enclosed by means of breakaway walls if the breakaway walls meet the standards of Article b Section B{51 of t his ordinance. "Existing Manufactured Home Park or Manufactured Home Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed . (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this ordinance. "Ex ansion to an Existincr Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots an which the manufactured homes are to be affixed ( includinq the installation of utilities: the construction of streets, and either final site grading or the pouring of concrete slabs). "Flood" or "Flooding" means a general and temoorary condition of partial or complete inundation of normally dry land areas from: L?1 the overflow of inland or tidal waters, and, u the unusual and rapid accumulation of runoff of surface waters from any source. "Flood Hazard Boundary Mao F� HEMA" means an official map of a community: issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. "Flood Insurance Rate Mao FIB" means an official map of a community,,-2n which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report Drovided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. "Floodwav" means the channel of a river or other watercourse and the ad,�acent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 47 "Floor" means the too surface of an enclosed losed area in a builder _(including basementl, i.e., tQP of slab in concrete slab construction or to= of wood flooring in wood frame construction. The term does not include the floor of a ag_racae used solely for parking vehicles. "Functionally Dependent Facility" means a facility which cannot be used for its intended uP rpose unless it is located or Carrie out ire close Rroxim� to water, such as a docking K port facility necessary for the loadin and unloading of cargo ar passengers, shi]?buildinct, ship repair, or seafood T)rocessina facilities. The term does not include long. -term stora a manufactures sales or service facilities. "Highest Adjacent Grade" means the hiahheest natural elevation of the around surface, prior to construction.- next to the proposed walls of the structure. "Historic Structure" means any structure that is: jj�j listed individually in the National Register of Historic Places la listing maintained 12y the US Department of Interior or preliminarily determined by the Secretary of Interior as meeting the re uirements for individual listing on the National Re ister• jbl certified or preliminarily determined by the Secretary of the Interior as contributin t_o the historical significance of a registered historic district or A district preliminarily determined by the Secretary to qualify as a registered historic district; Sg_1 individually listed on a State inventory of historic places Jdl individually listed on a local inventory of historic places in communities with historic preservation procrams that have been certified (1)_ by an approved state rP ogram as determined by the Secretary of the Interior, or u directly by the Secretary of Interior in states without aonroved ro rams. "Levee" means a man -made structure usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain control ar divert the flow of water so a_g to provide protection from temporary floodinc. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or floor resistant enclosure,..usable solely for parking of vehicles, building access, or _storage in an area other than a basement area is not considered a building's lowest floor provided that such an enclosure is not built so as-to render the structure in violation of the applicable non - elevation design requirements of this ordinance. "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The tern "manufactured home" does pct include a "recreational vehicle" 4A "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For uP rRoses of this ordinance, the term is synonymous with National Geodetic Vertical Datum (.NGVD). "National Geodetic Vertical Datum 1_NGVD)" as corrected in 1929 is a vertical control used as ^a reference for establishing varying elevations within the floodplain. "New Construction" means structures for which the "start of construction" commenced on or after the effective date'of this ordinance and includes any subsequent improvements to such structures. "New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicincr the Jots on which the manufactured homes are to be affixed (includinq at a minimum, the installation of utilities, the construction of street and either final site grading or the pouring of concrete slabs ) is com leted on or after the effective date of this ordinance. "Non- Conforming Building or Use" means any legally existing buildin- or use which fails to comply with the provisions of the ordinance. "Recreational Vehicle" means a vehicle which is: J_�j built on a since chassis; (-b1 400 square feet or less when measured at the largest horizontal projection; jcj designed to be self - propelled or permanently towable by A light duty truck; and, Idl designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, _ravel_, or seasonal use. w "Remedy A Violation" means to b_rincr the structure or other development into compliance with State or local floodplain management regulatiars, or, if this is not possible, to reduce the .tea, -cts of its nor.- compliance. Ways that impacts m... -.Y be reduced include protectiag the structure or other affected development from flood damages, implementin the enforcement proyisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the Structure or other development. "Start of Construction" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Public Law 97- 348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure 'ncludin A manufactured home on a site, such as the pouring of slabs, or footings, the installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement the actual start of construction means the first alteration of aAy wall, ceiling, floor, or other structural hart of the building, whether or not that alteration affects the external dimensions of the building. "Stream" means a water course that collects surface runoff from an area of one square mile or greater. "Structure" means for floodnlain mana ement ur oses a walled and roofed building, a manufactured home, including a gas or liquid storage tank, or other man -made facilities or infrastructures that are principally above ground. "Substantial Damage" means damage of any or sustained by A structure whereby the cost of restorin the structure to its before damaged condition would ecual or exceed 50 percent of the market value of the structure before the damage occurred. See definition of "substantial improvement ". "Substantial Improvement" means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage, ", regardless of 'the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the.minimum necessary to assure safe living conditions; or, (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. "Variance" is a grant of relief to a Derson from the requirements of this ordinance which hermits construction in a manner otherwise prohibited j2y this ordinance where specific enforcement would result in unnecessary hardship. "Violation" means the failure of a structure or other develo ment to be fully compliant with the communitv's 49 floodplaj,n management regulations_ A structure or other develo mgnt without the elevation certifica te. other certifications, or other evidence of compliance required in Articles 4 and a is presumed to be in violations until such time as that documentation is provided. 4.5 MANUFACTURED HOMES a. Manufactured homes that are placed p_r_ substantia 1 improved within Zones Al -A30, AH, and AE on sites u outside a manufactured home ark or subdivision• (b) in a new manufactured home pLrk or subdivisia • u in.an expansion to an existing manufactured home Qark or subdivision; or, Ldl in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage_" as the result of a flood, must be elevated on a i)ermTnent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation sygtem to resist flotation, collapse, and lateral movement. b. Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al -A30, AH, and AE that are not subject to the provisions of Article 5,- Section B. j3ai a�f this ordinance must be elevated so that either Lit the lowest floor of the manufactured home is elevated to or above the base flood elevation or Liij the manufactured home chassis is supported by reinforced viers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely-anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement. c. An evacuation plan must be developed for evacuation of all residents of a manufactured home Dark or ubdivisions located within flood prone areas and fled with and g2 proved by the county or local - Emergency Management Coordinator. ORDINANCE REVIEW SUBCOMMITTEE: October 3, 1990 PLANNING BOARD REVIEW: BOCC REVIEW: 51 PLANNING FEE SCHEDULE (Proposed addition to fee schedule is underlined.) Adopted 6 -15 -89 Effective 7 -1 -89 WAIVER OF PLANNING FEES Planning fees may be waived by the County Manager or his/her designee for projects providing housing for the benefit of low and moderate - income families. To aualify, projects must be assisted through HUD conventional public housin • Section 8 302 and/or 235 ro rams• CBDG fundin the N.C. Housing Finance Agency; or a non - rofit organization such as the Interfaith Council or Habitat for Humanities. In projects where assisted units comprise only a ortion of the total number of units the fee may be reduced by the percentage of the total number of units which are assisted. Planning fees may also be waived for all Countv- administered im rovement Projects, ma'or utility and/or reservoir construction of a municipality, rivate association or water and sewer authorit • and Rrojected development by or for a State-supported university, the-Orancre County Board of Education or the Chapel Hill- Carrboro Board of Education. FEE SCHEDULE Ordinance Amendments Rezoning Requests /Comprehensive Plan Amendments Zoning Permit Minor Subdivision Concept Plan Final Plat Major Subdivisions Concept Plan Preliminary /Final Plat (Single fee for both /no separate fees) Partial Width Right -of -Way Request Board of Adjustment- Variance /Appeal Special Use Permits Class A Class B Planned Developments 1 -4 Units or Lots Home Occupation Plan Review Major Transportation Corridor (MTC) Site Plan Review $160.00 160.00 + 5.00 /acre 15.00 60.00 117.00 80.00 + 1.00 /lot 350.00 + 5.00 /lot 81.00 180.00 360.00 + 5.00 /acre 180.00 250.00 +30.00 /unit or lot 67.00 117.00 52 INSPECTIONS FEE SCHEDULE (Proposed addition to fee schedule is underlined.) Adopted 7/8/86 Revised 11/3/86 6/15/89 Effective 7/1/89 LATE FEES Work performed without a permit shall be subject to a late fee equal in amount to the fees specified for the work and in addition thereto. ADDITIONAL INSPECTIONS Additional inspections may be necessary through the failure to comply with applicable code requirements and are designated "Inspection Failures ". One free inspection is allowed for each type of,permit (building, electrical, plumbing or mechanical) but not for each type of inspection (footing, foundation, rough -in, etc.). For each additional inspection above the free inspection, an extra inspections fee of $20.00 will be charged. This fee applies to all inspection failures as identified above and shall be paid by the permit holder before or at the time of inspection. WAIVER OF INSPECTION FEES Inspection fees may be waived by the County Manager or his/her designee for projects providing housing for the benefit of low and moderate-income-families. To qualify, iprojects must be assisted through HUD conventional public housincu Section 8 302 and/or 235 ra rams• CBDG fundin the N.C.-Housing Finance Agency; or a non- - rofit organization such as the Interfaith Councilor Habitat for Humanities. In prole,cts where assisted units com rise only a ortion of the total number-of units the fee may be reduced by the etcenta a of the total-numher total-number of units which are assisted. Inspection fees may also be waived for all County- administered improvement prolects, ma'or utility and or reservoir construction of a municiRality, Private association or water and sewer authorit • and projected development by or fora State-su2ported universit the Orange County Board of Education or the Chapel Hill- Carrbo.rb Board of Education. SCHEDULE A New Residential Buildings (one and two - family) 0 - 1000 square feet $ 130.00 1001 - 1500 square feet 160.00 1501 - 2500 square feet 220.00 2501 - 4000 square feet 300.00 4001 square feet and over 340.00 SCHEDULE B 5-A New Multi - Family Residential Buildings (Apartments, triplex, fourplex, townhouses and condominiums) First Unit Each additional unit per building SCHEDULE C $130.00 $65.00 Residential Repairs, Renovations, Alterations, Additions and Accessory Buildings $ 0 - 2000 (Structural Changes) $2001 and over $40.00 $40.00 + $2.00/$1000 SCHEDULE D _ Commercial, Industrial and Non - Residential Building, Alterations and Additions $ 0 - 2000 $2001 and over 1-144 If 4 blip -.411_� Miscellaneous Building Inspections Mobile /Modular Home ..Moving Building Building Demolition Change of Occupancy Classification /Use (Existing Building) Satellite Dish Curtain Wall Radio /TV Tower Swimming Pool Re -Issue Outdated Building Permit • 40.00 + $3.00/$1000 40.00 20.00 40.00 20.00 20.00 40.00 20.00 20.00 Same fees as for new permit Wood Stove /Fireplace 20.00 Prefabricated Utility Buildings 20.00 (Over 500 square feet in floor area and not involving footing and /or slab construction) Signs - Business identification and billboards involving construction of concrete footing(s) - All other signs 40.00 20.00 r 54 SCHEDULE F Miscellaneous Electrical Temporary Service 60 Amp 20.00 60A - 100A 20.00 Mobile /Modular Home 22.00 Sign Inspections 20.00 Each Gasoline Pump (All Pumps) 20.00 Load Control Device 20.00 (Per Dwelling Unit or Commercial Establishment) Miscellaneous Inspections 20.00 Each Extra Trip 20,00 SCHEDULE G Electrical Service Changes Single Phase 30--50 Amp 20.00 60 -100A 26.00 125 -200A 33.00 400A 39.00 Three Phase 20--50 Amp 26.00 60 -100A 33.00 150 -200A 39.00 400A 52.00 SCHEDULE H Electrical Service Single Phase Three Phase 30 -50 Amp 20.00 26.00 .60A 26.00 26.00 70A 33.00 33.00 100A 33.00 33.00 125A 39.00 39.00 150A 46.00 65.00 200A 52.00 78.00 300A 65.00 91.00 400A 78.00 117.00 600A 98.00 130.00 800A 130.00 195.00 1000A 195.00 260.00 1200A 260.00 325.00 1400A 293.00 390.00 1600A 325.00 520.00 Over 1600A 33.00/100A 52.00/100A 55. SCHEDULE I Plumbing New Construction or Fixture Replacement # Fixtures 1 7.00 10.00 2 2 14.00 17.00 4 4 21.00 6 and over 21.00 + $4.00 /Fixture Mobile /Modular Home 16.00 SCHEDULE J Residential Mechanical Any covered ductwork or component 60.00 (Each .system) Any exposed ductwork or factory assembled component 40.00 (One system) Installation of each additional system 10.00 Replacement of one system 40.00 Mobile /Modular Home 16.00 Multi- Family /Exposed ductwork 40.00 (Per dwelling unit) Multi- Family /Covered ductwork 60.00 (Per dwelling unit) SCHEDULE K Non - Residential /Commercial Mechanical Commercial Cooling (with separate distribution-system, including installation of a complete cooling system with the distribution system, condenser, receiver, cooling tower, or evaporative condenser coils and air handling units, etc.) First Unit Each additional unit Replacement of a system 40.00 10.00 40.00 Commercial Heating (Installation of a heating system including boiler, furnace, duct heater, unit heater, air handling units and air distribution system, etc.) First Unit Each additional unit Replacement of a system 40.00 10.00 40.00 5E Commercial Heating and Cooling (with combined system including the distribution system, boiler, furnace, ductwork, etc.) First Unit Each additional unit Replacement of a system 40.00 10.00 40.00 Commercial ventilation and Exhaust Systems (includes fans, blowers and duct system for removal of dust, gases, fumes, vapors, etc.) One system Each additional system Hood fan commercial type cooking equipment Commercial range or grill (each unit) Deep fat fryer Oven 40.00 10.00 20.00 20.00 20.00 20.00 I O SCHEDULE L Joint Planning Inspection Fees All projects approved under the terms of the Joint Planning Agreement between Orange County and the Town of Chapel Hill shall pay the following fees prior to the recording of a Special Use Permit or Final Plat of a major subdivision: Street and storm Water and sewer 5? One percent (1 %) of the total drainage improvements construction cost of those improvements to be constructed to Town of Chapel Hill standards Two percent (2%) of the total improvements construction cost of those improvements to be constructed to Town of Chapel Hill standards Where projects are to be built in phases, fees may be pro - -rated based on. the cost of improvements scheduled in each phase. s .5¢ EROSION CONTROL FEE SCHEDULE (Proposed addition to fee schedule is underlined.) Adopted 6 -15 -89 Effective 7-1 -89 WAIVER OF EROSION CONTROL ,FEES Erosion control fees may be waived by the County Manager or his her designee for projects rovidin housin for the benefit of low and moderate - income families. To qualify, orojects must be assisted through HUD conventional Rublic housin • Section 8 302 and/or 235 programs: CBDG fundin • the N.C. Housing Finance Agency; or a non - rofit or anization such as the Interfaith Council or Habitat for Humanities. In Rrojects where assisted units comprise only a 'portion of the total number of units the fee may be reduced by the ercenta e of the total number of units which are assisted. as-ion control fees may also be waived for all Countv - administered im rovement projects, ma'or utility and or reservoir construction of'a municipality, rivate association,--or-water-and sewer authorit • and projected development-by or for a State-suRporged university, the Or_anae County Board of Education, or the Char)el Hill- Carrboro Board of Education. FEE SCHEDULE Erosion Control Plan Intense Urban Urban Rural Grading Permit Intense Urban Urban Rural Private Roads $150.00 /acre 115.00 /acre 65.00 /acre 365.00 /acre 270.00 /acre 140.00 /acre 81.00 Stormwater Management Plans 58.00 Habitat Humanity PO Box 3673 Chapel Hill NC 27515 August 28, 1990 TO: Moses Carey, Chairperson, Orange County Board of Commissioners FROM: John Eckblad, President, Habitat for Humanity, Orange County SUBJECT: Request for Exemption from Building Permit Fees On behalf of Habitat for Humanity, Orange County (HHOC) I would like to request that HHOC be exempted from payment of building permit charges to Orange County. HHOC feels that an exemption is appropriate because of the unique service provided by our organization to the community. We build homes with volunteer labor and donated funds in partnership with low- income families. The homes are then sold to the family at cost and no interest is charged on the mortgage. Moreover, mortgage payments are recycled to build more houses. We are now working on our twelfth house and will soon begin building on the McMaster's Street lot in Chapel Hill. A waiving of fees will allow us to use those funds to purchase building materials. We appreciate the support that the Orange County Commissioners have given to our organization. We hope that you will be able to help us again in this way. n Eckblad "Building Houses in Partnership with God's People in Need" COLEMAN, BERNHOLZ, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW 129 E. TRYON STREET P.O. DRAWER 1529 HILLSBOROUGH, NC 27278 919- 732 -2196 919 - 942 -8000 FAX 919 - 732 -7997 CHAPEL HILL OFFICE SUITE 300, THE CENTER 1506 E. FRANKLIN STREET CHAPEL HILL, NC 27514 919 - 929.7151 FAX 919 - 929 -3892 o n September 19, 1990 ALONZO B. COLEMAN, JR. STEVEN A. SERNHOLZ ROGERB.BERNHOLZ GEOFFREY E. GLEDH EDHILL Mr. Marvin Collins DOUGLAS HARGRAVE Planning Director G. NICHOLAS HERMAN KIM K. STEFFAN Orange Count y Plannin g Department MARILYN E. TOMEI 306F Revere Road JOE L. K G. HAR TERRY G. HAR N Hillsborough, North Carolina 27278 JANET B. DUTTON Or counsel Re: Habitat for Humanity - Request for Building BONNER D. SAWYER Permit Fee Exemption (1902 -1972) Dear Marvin: This letter is in response to your September 5, 1990 letter. North Carolina General Statutes 5153A -323 provides that the Board of County Commissioners "shall hold a public hearing" before adopting or amending any ordinance authorized by Article 18 of Chapter 153A. Article 18 is the article covering planning and regulation of development and includes, as Part 4, building inspection. North Carolina General Statutes §153A --354, included within Part 4 of Article 18, authorizes the County to fix reasonable fees for issuing permits for inspections and for other services of the inspection department. It is, therefore, my opinion that inspection fees must be established by County ordinance and that the ordinance can only be adopted following a public hearing. Any fee schedule adopted by the County which exempts the payment of fees must be neither arbitrary nor discriminatory. The County can, however, create classifications of permittees for different fee treatment. The classification must rest on some ground that has a real and substantial relationship to relevant considerations of public policy. For example, in the area of utility service classifications, the following have been held by the courts to be reasonable relevant considerations permitting different classifications: 1. cost of the service and delivery 90 Mr. Marvin Collins Page 2 September 19, 1990 2. purpose for which the service /product was received 3. quantity /amount received 4. different character of service furnished 5. time of use. There is, then, a fair amount of flexibility in setting fees. It seems to me that in the case of Habitat's request, however, the only relevant factor listed above would be the purpose for which the service was received. Arguably, the services being received by Habitat are being received by it in order that it can provide low or moderate income housing, a stated important public policy concern of Orange County. The fee exemption provision in the fee ordinance must, however, be broad enough to include all applicants within that same classification. This can be tricky. The proposed policy included with your September 5, 1990 memorandum does, I think, a credible job in creating a classification of applicants to be exempted from fee requirements based on the notion that the purpose of the fee recipient is to provide affordable housing to low and moderate income residents of Orange County. The proposed "policy" can, at the election of the Board of Commissioners, be incorporated into the County's planning and inspection fee ordinance. GEG /lsg xc: Moses Carey, Jr. Stephen Halkiotis o John Hartwbll Shirley E. Marshall Don Willhoit John M.. Link, Jr. Mary Scearbo Very truly yours, ON hi 10/15/90 Planning Board Minutes D M a V 62 The Planning Staff recommends approval of the following: IV -B -I LOT STANDARDS 1. Lots served by individual sewage disposal systems and private or community wells shall contain at least 40,000 square feet. MOTION: VOTE: AGENDA ITEM #9: 2. Lots served by public water and public sewer shall contain at least 15,000 square 3. Lots located within zoned townships shall contain the minimum lot area required by the Orange County Zoning Ordinance. 4. Any lot which provides an easement for individual septic disposal for use by a different lot shall contain -the minimum area required for that lot plus an additional 20,000 square feet to accommodate the septic easement. That portion of the proposal, requiring that lot using an individual sewage disposal systand public water contain at least 30,000 square feet will be reconsidered after issues related northern watershed protection and zoning of the townships are addressed. Best moved approval as recommended by the Planning Staff. Seconded by Jacobs. Unanimous. MATTERS SCHEDULED FOR PUBLIC HEARING (12/11/90) a. Zoning Ordinance Text Amendments (1) Article 2.4.2.1 Development Advisory Committee Presentation by Mary Scearbo. On October 17, 1989 the Board of Commissioners approved an amendment which allows the Zoning Officer to issue a Stop Work Order for ac iv't which violates provisions of the Zoning Crdina and could cause irreparable injury if allowed continue• FA The amendment involved changes to several sections of the Ordinance. Article 2.4.2.1 was e a 6,4 amended to expand the duties of the Development Advisory Committee to render advice to the Zoning Officer in the issuance of Stop Work Orders. The County Attorney has indicated that the ` Development Advisory Committee should have no role in the enforcement of the Ordinance. The proposed amendment would delete paragraph 2.4.2.1 (e), which was inadvertently recommended for approval on October 17, 1989. The Planning Staff recommends that the proposed amendment be advertised for public hearing on December 11, 1990. MOTION: Jacobs moved approval for public hearing as recommended by the Planning Staff. Seconded by Best. VOTE: Unanimous. (2) Article 4.2.27 PW -II District Intent r (3) Article 4.2.28 WQCA District Intent These items are to consider a proposed Zoning Ordinance Amendment that would correct a technical discrepancy between the Zoning Ordinance and Zoning Atlas, and provide consistency in wording. Section 4.2.27 of the Zoning Ordinance states that the PW -II Protected Watershed Zoning Overlay may be applied to the zoned portions of the University Lake, Cane Creek and Upper Eno Watersheds. At the time that the PW -II district was first adopted, these were the only water supply watersheds designated on the Comprehensive Plan. In late 1988, the Land Use Element of the Comprehensive Plan was amended to designate Back Creek, Plat Creek, and Little River Watersheds as Water Supply Watersheds. The Zoning Ordinance was also amended to apply the PW -II overlay on the zoned portion of those watersheds. Article 4.2.27 of the Zoning Ordinance should have been amended as well to reflect the expansion of area designated as water supply watershed. The proposed amendment would allow the PW -II overlay to be applied to any watershed designated as a water supply watershed in the Land Use Element of the Comprehensive Plan. Article 4.2.28 describes the intent and MOTION: ffe100E 54 application criteria for the wQCA (water Quality Critical, Area overlay. The proposed amendment to this section is for clarification only. The Planning Staff recommends that the proposed amendment be advertised for public hearing on December 11, 1990. Eddleman moved approval for public hearing as recommended by the Planning Staff. Seconded by Jacobs. Unanimous. b. Subdivision Regulations Text Amendments (1) Section III -D -2 -e Action Subsequent to Approval (Preliminary Plats) Presentation by Mary Scearbo. r This item is to consider a proposed amendment to the Subdivision Regulations which would add another basis for allowing the phasing plan for a major subdivision to be revised. On January 8, 1990, the Subdivision Regulations were amended to allow revisions to the phasing plans of major subdivisions. Six criteria used to justify revised phasing plans were set forth in Section III- D -2 -d. On September 4, 1990, the Board of Commissioners approved a revised phasing plan for Four Birches Subdivision. Four Birches' justification for a revised phasing plan, when compared with the current criteria set forth in Section II- D -e -2, did not present a strong case for approval. The fact that proposed phasing would not extend the time limit for completion of improvements was th basis'for approval. The Board of Commissioners directed Staff to prepare an amendment to Section II -D -e -2 allowin approval of a phasing plan if the time available to install improvements was not extended. The.,Planning Staff recommends that the proposed amendment be advertised for public hearing on December 11, 1990. MOTION: Reid moved approval for public hearing as recommended by the Planning Staff. Seconded by f M Lewis. VOTE: Unanimous. K c. Flood Damage Prevention Ordinance Amendments (1) Article 2 Definitions (2) Article 4.5 Manufacture Homes Presentation by Mary Scearbo. This item is for consideration of proposed amendments to the Flood Damage Prevention Ordinance to comply with revisions recommended by the Federal Emergency Management Agency. The Federal Emergency Management Agency (FEMA) has revised the floodplain management regulations and is recommending changes to the Orange County Flood Damage Prevention Ordinance based on these changes. .r The proposed revisions are additions and clarifications of existing definitions to correspond to the model ordinance definitions and new requirements concerning manufactured homes in existing parks will now have to elevate to the base flood elevation or 36 inches in height above grade on reinforced piers. The Planning Staff recommends that the proposed amendments be advertised for public hearing on December 11, 1990. MOTION: Jacobs moved approval for public hearing as recommended by the Planning Staff. Seconded by Best. VOTE: Unanimous. AGENDA ITEM #10: PLANNING BOARD ITEMS a. Transportation Issues Update Presentation by Marvin Collins. When the Board of Commissioners acted on the proposed Orange County Thoroughfare Plan on August 6, 1990, a number of recommendations were considered. The recommendations are as follows: 1. Adoption of the Orange County - specific road classification as developed by the TAS and OR AN G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 5, 1990 .Action Agenda Item # X -F i SUBJECT: ACQUISITION OF VIRGINIA BARTOW PROPERTY LOCATED ON THE ENO RIVER IN HILLSBOROUGH DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes _X —No ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 Offer to Purchase and Contract TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durban - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To act on a Purchase Contract to acquire a 2.16 acres tract owned by Virginia Bartow. BACKGROUND: This tract is located in Hillsborough and lies approximately 150 feet east of Churton Street just north of the Eno River and about 300 feet south of Margaret Lane. The topography is gently sloping and mostly wooded. Approximately two - thirds of the property lies within the 100 year flood plain. The area surrounding the property is owned by Orange County and the property is zoned office /institu- tional. The property will be very useful in the overall site development of future Orange County government facilities. RECOMMENDATION: The Manager recommends the approval of the purchase of the above referenced tract under conditions as out- lined in attached documents. OFFER TO PURCHASE AND CONTRACT 2 orange county, North Carolina under threat of and in lieu of condemna hereby often to purchase and as as upon acceptance of said offer, agrees to sell and convey, all of that plot. piece or parcel of land described below, together with all mprow located thereon and such 'personal property as is listed below (the real and personal property are collectively referred to as "the Propertt accordance with the Standard Provisions on the REVERSE SIDE HEREOF and upon the following terms and conditions: 1. REALPROPERTY: Located in the City of Hi 11.Sbnrnttgh .County of State of North Carolina. being known as and more particularly described as: Street Address Zip 1 ratio land and an and all im rovements thereon located on land de: as Oran �`NRA ax a stet s orou owns ip a a propf scribe _�__ S. PURCHASE PRICE: The purchase prim is; S9_r .�.9 0 _ 0 n and shall be paid as follows: (a) S — in eamest money paid by (cash: bank. certified, or personal c with the delivery of this contract, to be held in escrow, by its a until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated and disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF: (b) S —` by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of an the Property: (c) 3 -- .by a promissory note secured by a purchase money decd of trust on the Property with interest prior to default at the ra per annum payable as follows: Prepayment restrictions and /or penalties if any, shall be Assumption or transfer rights, if any. shall be: ion aver. tiller, tenrB in cribed Tt�y de -� eck) it is rust r of (d) $ -9 51 Q_...Q ,the'batanm of the purchaer"ce in cash at closing, - 41 CONDCIIONS: (State N/A in each blank of paragraph 4(a) and 4(b) that is not a condition to this contract,) (a) The Buyer must be able to obtain a firm commitment on or before - �A,_,_••� cfrcetive through the date• of dr, inn fora loan in the principal amount of S — N/A for a term of N / A year(s), a, an int resi rare not to exceed --N,A % per annum, with mortgage loan discount points not to exceed NN I A % of the loan amount. Buyer agrees to use his besi efforts to secure such commitment and to advise Seller immediately upon receipt of the lender's decision. If Seller is to pay any loan thing costs. there :o+u areas follows: 4 w (b) The Buyer must be able to assume the unpaid principal balance of the existing loan described in paragraph Vb) above for the remainder of the loan term, at an interest rate not to exceed _„N I A % per annum fixed (or describe type of loan) with mortgage loan assumption and /or discount points not to exceed NN y—.,/ A -- a of the loan balance. (See Standard Provision No. 2). if such assum Lion requires the lenders approval, approval must be granted on or before , Buyer agrees to use his best effo to secure such approval and to advise Seller immediately upon his receipt of the lender's decision, If Seller is to pay any loan assumption costs. those Kosts are as follows: N A (c) "['here most be no restriction, easement, zoning or other governmental regulation that would prevent (he reasonable use of the real property for pwrpc 505. 5. ASSESSMENTS: Seller warrants that there are no special assessments. either pending or confirmed, for sidewalk, paving, water .ewer or other improvements on or adjoining the Property, except as follows: (Inu•rt "None" er the identification of such assessments. if anv. The agr(-e,T for payment or proration of any asacsmt•nts indicated is to be sot forth in paragraph 6 below.) 6. OTHER PROVISIONS AND CONDITIONS: (a) All of the Standard Provisions on the REVERSE SIDE HEREOF arc undentund and shall apply to this instrument, except the following numbe StmsdarJ Provisions shall b<• olrletrtl: (If nnnc an• to 1,t drletcd, state "urine",) _j,_,. _, 7 A . —__ 4(a) is revised to read: All closing costs, including attorney's fees of the Seller's Attorney not to exceed $750.00 and all ad valorem taxes real property shall be paid by the Purchaser. 6(c) is revised by deleting the last sentence therefrom. Wjelliam R. Bartow, the husband of Virginia C. Bartow, executes this agreement for the purpose of releasing his marital interests in the property and agrees to Article 7 to the extent of releasing said marita IF THERE ARE ANY ADDENDA TO THIS CONTRACT, IMICATE ABOVE AND ATTACH HERETO. i n te: 7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of tide or before , at a place designated by - - Buyer The deed is to be made to S. POSSESSION: Possession shall be delivered In the event that Buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyer the sum of S N/A per day fr and including the date of closing to and including the date that possession is to be delivered as above set forth. 9. COUNTERPARTS: This offer shall become a binding contract when signed by both Buyer.and Seller. It is Lobe signed in two (2 ) counterparts with a signet) counterpart t.•ing retained by each party hereto and the —crow agent, if any. Date of Offer. Date of Acceasance: on 'eStS _ nr Buyer SEAL) Seller v �� IS L) Buyer (SEAL) Srllcr IS L) 1 hereby acknowledge receipt of the earnest money herein set forth and agree to hold and disburse the same in accordance with the tcmu hereof. Date Firm _ By: Name of Selling Agent/ Firm Name of Listing Agent/ Firm N.C. Bar Aswc. Form No. 2, 0 1987 Printed by apeentent with the NC ear Assoc. — 1901. lac wulsms a Ca. toe, r cos 127 • yadknArdk, rr e, 27055 This Standard Fonn has been approved jointly by the: NORTH CAROLINA BAR ASSOCIATION NORTH CAROLINA ASSOCIATION OF REALTORS* , INC. STANDARD PROVISIONS L EARNEST MONEY: In the event this offer is not accepted, or in the event chat any of the conditions; hereto are not satisfied, or in the event of a breach of this contract by Seller, then the earnest money shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then the earnest money shall be forfeited. but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in his trust or escrow account until he has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. 2. LOAN ASSUMED: In the event a loan is assumed as part of the payment of the purchase price. then all payments due from Seller thereon must be current at closing, and the principal balance assumed shall be computed as of the date of closing. The amounts shown for the assumption balance and cash at closing shall be adjusted as appropriate at closing to reflect the final computations. Unless Buyer has otherwise specifically agreed in writing. the existing loan must be assumable without either acceleration of the amount secured or any change in the original terms of the note and deed of trust. Buyer shall be responsible for all loan assumption costs - Seller shall have no obligation to pay any loan assumption costs unless specifically sec forth in this contract. The escrow account, if any, shall be purchased by Buyer. S. PROMISSORY NOTE AND DEED OF "CRUST: In the event a promissory note secured by a deed of trust is given by Buyer to Seller as part of the payment of the purchase price, the promissory note and deed of trust shall be in the form of and contain the provisions of the currently approved N. C. Bar .Association Forests 4 and 5, as modified in paragraph S(c) on the reverse side hereof - 4. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at closing - (a) Ad valorem taxes on real property shall be prorated on a calendar year basis to Elie date of closing: (b) Ad valorem taxes on personal property for Elie entire year shall be paid by Seller: (c) All late listing penalties, if any, shall be paid by Seller: (d) Rents, if any, for the Property shall be prorated to the dace of closing: (e) Accrued. but unpaid interest and other charges to Seller. if any, shall be computed to Elie date of closing and paid by Seller. Interest and other charges prepaid by Seller shall be credited to Seller at closing and paid by Buyer. (Other charges may include FHA mortgage insurance premiums, private mortgage insurance premiums and homeowners association dues -) 5. FIRE AND OTHER CASUALTY: The risk of loss or damage by Fire or other casualty prior to closing shall be upon Seller, 6. CONDITIONS: (a) The Property must be in substantially the same condition at closing as on the date of this offer. reasonable wear and tear txcepted- (b) All deeds of trust, liens and other charges against Elie Property, not assumed by Buyer, must be paid and cancelled by Seller prior to or at closing. (c) Title must be delivered at closing by general warranty deed and most be fee simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to the date of closing), utility easements and anviolated restrictive covenants that do not materially affect the value of the property and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 7, NEW LOAN: Buyer shall be responsible for all costs with respect to anv new loan obtained by Buver. Seller shall have no obligation to pay any discount fee or other charge in connection therewith unless specifically set forth in this contract. 8. INSPECTIONS: Unless otherwise stated herein; (i) the electrical, plumbing, heating and cooling systems and built -in appliances, if any, shall be in good working order ac closing: (ii) the roof, gutters. structural components, foundation, fireplace(s) and chimneys) shall be performing the function for which intended and shall not be in need of immediate repair: (iii) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and (iv) the well /water and septic /sewer systems. if any, shall be adequate, not in need of immediate repair and performing the function for which intended. Buyer shall have the option to have Elie above listed systems, items and conditions inspected by a reputable Inspector or contractor, at Buyer's expense 3 (unless otherwise provided in this contract), but such inspections muse be completed in sufficient time before closing to permit any repairs to be completed by closing. If any repairs are necessary, Seller shall have the option of (a) completing them. (b) providing for their completion, or (c) refusing to complete them. If Seller elects not to complete or provide for the completion of the repairs. then Buyer shall have the option of (d) accepting the Property in its present condition, or (e) terminating this contract, in which case Elie earnest money shall be refunded. Closing shall constitute acceptance of each of the systems, items and conditions listed in (i), (ii), (iii) and hv) above in its then existing condition unless provision is otherwise made in writing, IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) LOAN, SELLER SHALL PAY THE COST OF ANY WELL, WATER AND SEPTIC /SEWER SYSTEM INSPECTION, RECOMMENDATION: Buyer should have any inspections made prior to incurring expenses for closing. 9. WOOD - DESTROYING INSECTS: Unless otherwise stated herein Buyer shall have the option of obtaining, at Buyer's expense, a report from a licensed pest control operator on a standard form in accordance with the regulations of the North Carolina Structural Pest Control Committee. stating chat there was no visible evidence of wood- destroving insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient time before closing so as to permit treatment, if any, and repairs, if any, to be completed prior to closing. All treatment required shall be paid for by Seller and completed prior to closing, unless otherwise agreed upon in writing by the parties. If any simetural repairs arr necessary, Seller shall have the option of (a) completing them. (b) providing for their completion, or (c) refusing to complete them. If Seller elects not co complete or provide for the completion of structural repairs, then Buyer shall have the option of (d) accepting the Property in its present condition. or (e) terminating this contract, in which case the earnest money shall be refunded. The Bu er is advised that the i------ ion and report described in this Paragraph may nor always reveal either structural damage or dama caused b a tits or or ant ems other than wood - destroying insects. If new construction. Seller shall provide a new construction termite guarantee. IF BUYER OBTAINS A VETERANS ADMINISTRATION IVA) LOAN, SELLER SHALL PAY THE COST OF THE WOOD - DESTROYING INSECT REPORT. 10. LABOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing iliac all labor and materials, if any, furnished to the Property within 120 days prior to the dare of closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in a tank on the Property at the prevailing rate, with the cost of measurement thereof, if any, being paid by Seller. 12. CLOSING EXPENSES: Seller shall pay for the preparation of a deed and for the excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at closing. 13. EVIDENCE OF TrILE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the acceptance of this offer, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies. attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. 14. ASSIGNMENTS: This contract may not be assigned without the written agreement of all parties, bur if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successor. 15. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders. as appropriate. 16. SURVIVAL: if any provision herein contained which by its nature and effect is required to be observed, kept or performed after the closing, it shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: Buyer acknowledges that he has inspected the Property. This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions ocher than chose expressed in writing. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR"' or broker and Seller as contained in any listing contract or ocher agreement between them. N,C- Bar Form No. 2, C 1987 IWCO ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: APPOINTMENTS DEPARTMENT: Commissioners ATTACHMENT(S): Under Separate Cover PUBLIC HEARING YES: NO: X INFORMATION CONTACT: Beverly Blythe Ext. 2130 TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 - PURPOSE: To maintain membership at effective - levels on Commissioner's appointed boards and commissions. BACKGROUND: The following recommendations are presented for the Board's consideration: COMMISSION FOR WOMEN: Appoint Joyce Roland to serve a full three - year term as an "At Large" representative. Her term will end in June, 1993. DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE: Appoint Richard Hildebrandt to serve as the liaison with the Advisory Board on Aging. Appoint Bonnie M. Gates to serve as an "At Large" representative. Both appointees will serve a mandatory one -year training period before being. eligible to serve regular full terms. w RECOMMENDATION(S): As the Board decides. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: MINUTES DEPARTMENT: BOARD OF COMMISSIONERS ATTACH[dENT(S): UNDER SEPARATE COVER Action AgepAa Item NO. Xa- PUBLIC HEARING YES: NO: X INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To correct and /or approve the minutes as submitted for consideration: October 16, 1990 - Regular Meeting BACKGROUND: In accordance with 153A -42 of the General. Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S): As the Board decides. RESOLUTION FOR FLAT RATE EXTENDED AREA SERVICE AND REDUCED RATE REGIONAL CALLING WHEREAS, on November 5, 1990, the Orange County Board of Commissioners affirmed its efforts to seek flat -rate extended area service for exchanges that serve inside Orange County, to include the portion of Chapel Hill in Durham County, Research Triangle Park and Raleigh -- Durham International Airport, and WHEREAS, on November 5, 1990, the Wake County Board of Commissioners affirmed its efforts to seek a flat rate option for Intra -Wake County calls, and WHEREAS, Wake County also accepted the Southern Bell proposal for a Triangle Regional Calling Plan, and WHEREAS, Orange County has diligently exerted efforts conjointly with Wake and Durham Counties to reduce the burdensome toll rates now incurred for regional inter - county calling. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners support the following: (1) The Triangle Regional Calling Plan to include: -- Seven Digit Dialing -- 50% reduction in toll charges -- Regional white pages directory -- Inward call option (allows customer to receive calls from throughout the region at no charge to the calling party) - optional -- Low Use Plan available - optional (2) orange County flat -rate Extended Area Service Plan to existing service in exchanges that serve inside Orange County to include the portion of Chapel Hill in Durham County, Research Triangle Park and Raleigh- Durham International Airport with rates to be set by the North Carolina Utility Commission consistent with the Commission's rate- setting policies. (3) The North Carolina Utility Commission at its option submit EAS flat rates to a poll of the customers who would be affected by the rate changes. :t ... �: in BE IT FURTHER RESOLVED that the Board of Commissioners instructs the Orange County Manager to continue deliberations with Wake County and telephone company officials to determine the most appropriate process for filing the proposal and appropriate comments to the North Carolina Utility Commis- sion, and to recommend the most appropriate methodology for polling customers of each exchange, and to report to the Board.prior to any official filing -being submitted to the Utility Commission. This the 20th . day of November , 19 90 Commissioner Sh i r 1 ey E. Marsha 1 1 moved the passage of the foregoing resolution and commissioner John Hartwell seconded the motion, and the resolution was passed by the following vote: Ayes: Chairman Moses Carey_, Jr., and Commissioners Stephen Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit Noes: None NORTH CAROLINA ORANGE COUNTY I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held November 20 1990 , as relates in any way to the Resolution for Flat Rate Extended Area Service (EAS) and Reduced Rate Regional Calling hereinabove set forth, and that the said proceedings are recorded in Minute Book of the minutes of said Board for said date. WITNESS my hand and the common seal of said County, this the 26th day of November , 19 90 � ( SEAL] 19evei7ly BXfthe, gkerk to the Orange County B rd of Commissioners •�/ ,q � ., CHANGE ORDER FORM CHANGE ORDER NO. 01 PROJECT: ORANGE COUNTY; COURTHOUSE SQUARE CONTRACTOR: C.C. WOODS CONSTRUCTION COMPANY Under the terms of the Contract between County Of Orange and C.C. Woods Construction Company for the abovementioned project, you are authorized to change the amount of the Contract as herein stipulated without otherwise invalidating the original provisions. EXPLANATION OF CHANGE: 1. Amount of Original Contract ................ $13,203.00 2. Addition, Net amount of this order......... $23,950.00 3. Revised Contract Total ..................... $67,153.00 lJ C.C. Woods Construction Company, Inc- /- /� - 9/ Date Appr v Moses Carey, Jr., Chair Orange County Board of Co sioners Gr 9 Date STATE of NORTH CAROLINA COUNTY of ORANGE AGREEMENT THIS AGREEMENT, made and entered into this first day of July 1990, by and between The University of North Carolina at Chapel Hill, hereinafter referred to as "The University ", for its Department of Family Medicine in the School of Medicine, hereinafter referred to as the "Department" and the Orange County Health Department, hereinafter referred to as the "OCHD". WITNESSETH: WHEREAS, the Department desires to provide Medical Director services and to participate in the provision of medical care for the citizens of the community and; WHEREAS, the OCHD is the operator of two outpatient facilities known as the Orange County Health Department, located in Carrboro and Hillsborough, North Carolina, hereinafter referred to as the "Health Department "; NOW, THEREFORE, in consideration of the premises and the following mutual covenants and conditions and any sums to be paid, the OCHD and The University agree as follows: 1. The Department will render professional consultation as Medical Director. As Medical Director, the Department shall: a. act as the principal advisor to the Health Director in matters of medical policy; b. advise the Health Director on the medical implications of alternat4ves in clinical program functioning and management; Y Agreement between UNC -CH and Page 2 the Orange County Health Department C. represent the Health Department in interagency relationships which involve medical expertise at the request of the Health Director; d. advise and interpret the regulatory requirements related to medical aspects of the Department's functions; e. provide coordination to medical components of the clinical programs of the department; f. advise and assist staff in epidemiological investigations; g. be responsive to community_ public health concerns directly and in consultation with the Director; h. assist the Health Director or designee in establishment of medical procedures and quality /quantity control mechanisms; i. assist in data analysis towards identification of public health concerns; j. work with the Health Director on formulation of public health concerns; k. assist with evaluation of programs; 1. maintain close contact and availability through on -site visits and phone conversations to discharge responsibilities at the OCHD; M. participate in Division Head management meetings when appropriate; n. discharge the above listed responsibilities through and with knowledge aforehand of the Director; o. other miscellaneous duties as necessary. 2. The Department shall provide agreed upon, clinician services with patient tare in family planning (FP), prenatal care, tuberculosis (TB), sexually transmitted disease (STD), general communicable disease control and adult health preventive services, within State and Federal practice guidelines and program rules. Agreement between UNC -CH and the Orange County Health Department Page 3 3. Other work activities shall include coordination with the Pharmacy Manager for control and dispensing to insure that it occurs in accord with State law and Pharmaceutical Rules and Regulations in addition to Medical Director duties. 4. This Agreement covers the clinics FP /STD on Tuesday in Hillsborough and Wednesday in Carrboro and the prenatal clinic Thursday in Hillsborough and the TB clinic in Hillsborough and Carrboro, as appropriate to work and clinic schedule. The agreement also covers additional STD clinics, scheduled to begin in November, 1990, which will occur half days on Monday, Thursday and Friday. 5. The Tuesday, Wednesday and Thursday clinics shall commence at 8:00 a.m. and terminate when the last patient is seen following the close of registration, which shall occur no later than 5:30 p.m. The Department is responsible for the entirety of these physician backup schedules. Although Medical Director or back -up physician atten- dance is not required on premises from 8:00 a.m. until 2:00 p.m., it should be available whenever needed. However, it is required that physician attendance shall occur minimally between 2:00 p.m. and 5:00 p.m. on Tuesdays and Wednesdays. On Thursdays, physician attendance shall be required between the hours of 10:00 a.m. and 12:00 p.m. If physician attendance is impossi.bl.e due to unremediable circumstances, M.D. phone coverage will be provided and FNP charts will be signed within seven (7) days. Additionally, the Medical Director will attend tuberculosis control clinics as appropriate to work and clinic schedules. The Medical Director will be available for phone consultation on Monday 1:00 p.m. to 4:00 p.m., Thursday 1:00 p.m. to Agreement between UNC -CH and Page 4 the Orange County Health Department 4:00 p.m., and Friday 8:00 a.m. to 12:00 p.m. after the additional STD Clinics are opened, November 1990. 6. The Department will maintain current registration and licensure and warrant such to the OCHD. 7. The Department will insure self for malpractice. 8. The Department will relate to all patients and staff of the OCHD in a professional and instructional manner. 9. The Department will offer medical consultation in accord with the accepted methods and procedures. 10. The OCHD agrees to pay the Department in return for the above services, FORTY ONE THOUSAND, FOUR HUNDRED AND NINETY -SIX DOLLARS ($41,496.00) yearly. This shall be made equal monthly installments of THREE THOUSAND, FOUR HUNDRED AND FIFTY EIGHT DOLLARS ($3,458.00). 11. The University shall bill the OCHD on a monthly basis with the first bill being dated July 1, 1990 and the OCHD shall pay the University within thirty (30) days of receipt of the University's bill. Any adjustments to the billing shall be taken into account in the next succeeding bill or as soon thereafter as reasonably practicable. 12. The OCHD agrees to furnish all supplies, equipment and other staff needed by the Medical Director; to include the Medical Director in all appropriate conferences, .meetings, correspondence and publications necessary to appropriate discharge of Medical Director's duties within budgetary constraints. 13. The Department agrees to provide an average of eighteen (18) hours per week of administrative and medical services. These services will be provided by the Medical Director and the back -up physician unless I, Agreement between UNC -CH and the Orange County Health Department Page 5 a Department substitute is prearranged. Service beyond the minimum shall be arranged by the Department and the OCHD to avoid un- reasonable length of service. The Medical Director will report activities and services performed to OCHD as requested by the Health Director. 14. In the event that the Medical Director and back -up physician become unwilling or unable to perform the duties required by this Agree- ment, The University and OCHD shall attempt to mutually agree upon replacement. If such mutual agreement is not achieved, then this Agreement shall terminate and any payment due as of the date of termination shall be paid. 15. This Agreement shall run for a period of twelve (12) months, from the first day of July, 1990 to the thirtieth day of June, 1991 and shall be renewable annually thereafter upon written notice executed by both parties. 16. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other,party at least ninety days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 17. The OCHD hereby agrees with The University that, in its educational and /or employment practices, the OCHD will comply with such non- discrimination laws as may be applicable to it in the performance of this Agreement. The Department hereby agrees to abide by pertinent rules and regulations of the OCHD, Orange County, and the North Carolina Division of Health Services in the conduct of service. A I y ti ^ Agreement between UNC -CH and the Orange County Health Department Page 6 18. This Agreement contains the entire understanding of the parties and shall not be altered, amended, or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 19. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF ORANGE COUNTY HEALTH DEPARTMENT Daniel B. Reimer, Director DATE: /,°2a, go - ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Orange County Finance Director DATE: //- S" Fo FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA AT CHAP HILL Ben J. Tuc i, ce- Chancellor Business an Finance DATE: I v I d / CHAIRMAN, ORANGE COUNTY BOA o COMMISSIONERS DATE: -- - _S 0 r Orange Water and Sewer Authority 400 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (919) 968 -4421 COMMENTS TO THE ORANGE COUNTY BOARD OF COMMISSIONERS REGARDING DRAFT LEGISLATION ON WATER TRANSFERS NOVEMBER 5, 1990 Submitted by Lois T. Herring, Chairman Orange Water and Sewer Authority GOOD EVENING, I'M LOIS HERRING, CHAIRMAN OF THE ORANGE WATER AND SEWER AUTHORITY. I'M SPEAKING TONIGHT ON BEHALF OF THE OWASA BOARD OF DIRECTORS. YOUR AGENDA PACKAGE INCLUDES AN OWASA RESOLUTION OPPOSING LEGISLATION UNDER REVIEW BY THE SURFACE WATER STUDY COMMITTEE. OWASA IS VERY CONCERNED ABOUT THE POSSIBLE EFFECTS OF SUCH A BILL ON WATER MANAGEMENT IN ORANGE COUNTY. WE HAVE EXPRESSED SIMILAR CONCERNS IN A SEPARATE LETTER TO REPRESENTATIVE ANNE BARNES AND COPIED TO COMMISSIONER CAREY. THE LETTER IN YOUR PACKAGE FROM COMMISSIONER HARTWELL TO THE STUDY COMMITTEE PROVIDES A STARTLING LIST OF THE BILL'S AMBIGUITIES, AND ILLUSTRATES THE BASIS OF OUR OPPOSITION. THE REQUIREMENT FOR THE EMC TO DOCUMENT A POSITIVE FINDING ON EACH OF 13 SEPARATE CRITERIA AMOUNTS TO VIRTUAL VETO POWER BY ANY OPPONENT TO A PROPOSED WATER TRANSFER. AN UNFORTUNATE OUTCOME OF THIS PROCESS COULD BE,TO DEPRIVE COMMUNITIES WITH REAL WATER NEEDS OF CRITICAL SUPPLEMENTS FROM NEARBY AREAS WITH EXCESS WATER. WE NEED LOOK NO FARTHER THAN CENTRAL ORANGE COUNTY - TO HILLSBOROUGH AND THE ENO RIVER - FOR A RELEVANT EXAMPLE. ALTHOUGH THIS BILL WOULD GRANDFATHER IN ALL EXISTING TRANSFERS, IT WOULD REQUIRE THAT ANY INCREASE OVER CURRENT LEVELS OF TRANSFER BE APPROVED THROUGH THE 13 -POINT PERMITTING PROCESS. An Equal Opportunity Employer OWASA Comments Water Transfers Page 2 IT IS UNLIKELY THAT THE SOUTHERN ORANGE WATER SUPPLY WOULD HAVE SURVIVED THE DROUGHT OF 1997 - WHEN OWASA PURCHASED LAKE BUTNER WATER THROUGH THE CITY OF DURHAM - IF THE PROPOSED PERMITTING SYSTEM HAD BEEN IN PLACE. EFFECTS OF THE BILL ON THE EXISTING MUTUAL AID COMPACT FOR WATER SUPPLY EMERGENCIES, TO WHICH ORANGE COUNTY, HILLSBOROUGH, AND OWASA ARE ALL PARTIES, ARE UNCLEAR. IN ALL LIKELIHOOD, THIS LEGISLATION WOULD SEVERELY INHIBIT GOOD WATER MANAGEMENT BY UNINTENTIONALLY REQUIRING INDIVIDUAL COMMUNITIES TO DEVELOP LOCAL SUPPLY SOURCES OF THEIR OWN, INSTEAD OF COLLABORATING WITH NEIGHBORS ON COOPERATIVE SOLUTIONS LESS COSTLY TO TAXPAYERS, RATE PAYERS, AND THE ENVIRONMENT. THIS DRAFT LEGISLATION COULD REDUCE THE EFFICIENT AND TIMELY USE OF JORDAN LAKE AS A WATER SUPPLY SOURCE TO NO MORE THAN A PIPE DREAM, IF YOU'LL PARDON THE PUN. THIS IS NOT AN ENVIRONMENTAL BILL. THIS DRAFT HAS BEEN MOTIVATED NOT BY PRINCIPLES OF GOOD STEWARDSHIP, BUT BY THE POLITICS OF IGNORANCE AND DIVISIVENESS SPLITTING THE INTERESTS OF UPSTREAM /DOWNSTREAM, URBAN /RURAL, AND PIEDMONT VERSUS COASTAL PLAIN NEIGHBORS. OWASA DOES NOT HAVE POLITICAL STANDING WITH THE GENERAL ASSEMBLY. WE NEED YOUR HELP, AS THE ELECTED REPRESENTATIVES OF OUR CUSTOMERS AND YOUR CITIZENS, IN OPPOSING THIS LEGISLATION. ORANGE COUNfiy COMMISSIONERS 106 EAST MARGARET 1ANE HILLSBOROUGH, N. C. 27278 MOSES CAREY. JR. November 7, 1990 STEPHEN H. HALKIOTIS JOHN HARTWELL SHIRLEY E. MARSHALL DON WILLHOIT Robert E. Chandler Division of Community Assistance North Carolina Department of Economic and Community Development 1307 Glenwood Ave. Suite 250 Raleigh, N.C. 27605 RE: Program Amendment Rencher Street Improvement Area Grant 88 -C -7730 Dear Mr. Chandler: This letter transmits program amendment documents for the above referenced Community Development Grant for review and consideration by your staff. Because of the nature of repairs required for one dwelling unit in the Rencher Street Area it is necessary to temporarily relocate the occupant during housing rehabilitation. Specifically, a portion of the front of this house lies in the street right -of -way and needs to be removed in order for the.N.C. Department of Transportation to accept the street into its.maintenance program. The original budget does not include a line item for relocation, therefore, there is a need to create a budget for this purpose. The County is proposing a transfer of funds from the clearance and acquisition line items to create the relocation budget. Funds in these budgets will. not be needed as originally proposed. The Board of Commissioners held a public hearing during its regular meeting on Monday, November 5, 1990 to receive citizen comments regarding the amendment. No opposition to the amendment was expressed. Thank you in advance for your careful consideration of this request. Should you have questions, please contact Tara L. Fikes, Housing and Community Development Director at (919) 732 -8181 Extension 2490. Sincerelv, Moses Carey, Jr. Chair APPLICATION SUMMARY 2. DATE 1. APPLICANT a. None: Orange County �L...Origi", dated: May 20, 1988 ,..Amendment, dated: November 5r 19 b. StreetlP. O. Box: 109 Court Street /P.O. Box 8181 3 TYPE OF APPLICANT c. City. Hillsborough City d. Zip Code: 27278 X County c. County: Orange f. Contact Person: Tara L. Fikes I~ Telephone No.: ( 919) 732 -8181 h. Preparer of Application: Tara L. Fikes Housing/Community Develo ment Director 4. PROGRAM CATEGORY 5. PROJECT 6. PROJECT NAME 7• CDOG FUNDS CODE NUMBER C 1 Rencher Street Improvement $533,247 Area 8. LOCAL OPTION ACTIVITIES %:ti ....... $66,753 753 %ti. K. ti. ••ti•. :•'r.� .•:ice•: r. •.•r. 9 . TOTAL $600,000 • �•: �• r 10. CERTIFICATION b. Typed Name and Title of Chief Elected Official L To the best of my knowledge and belief, data in this Moses Carey, Jr., Chair application is true and correct, the applicant has Orange County Board of Commissioners provided opportunities for citizen participation and c. Signature access to information concerning the proposed J activities, the document has been duly authorized by V- the governing body of the applicant and the applicant d. Date will comply with the attached certifications if the mbtance is approved' 11/5/90 FOR DCA USE ONLY 11. DATE RECEIVED 13. ACTION TAKEN 14. AMOUNT FUNOM a. Cammw* Rwvitriistim s Funded b. Eon n ie Oewlopnnrt S s Not Funded d FC i 12. APPLICATION NUMBER 'Withdrawn e. Laca1 gttion i f. Housing Development i Total f CDBG 86.1 Rev 2/90 This document has been hinted for $210.00 @ $.70 per copy. 3 RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the Orange Count Housin Authorit (herein called the "PHA^) proposes to enter into an Annual Contributions Contract (herein called the *Contract") with the United States of America, Department of Housing and Urban Development (herein called the "Government'). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract -No. _ - ���an� -F is hereby approved and accepted both as to form and substance and the Chair of Board of Coiuriissioners is hereby authorized and directed (Title of Officer) to execute said Contract in triplicate on behalf of the PHA, and the Clerk to the Bd of Commissioners is hereby authorized and directed (Title of Officer) to impress and attest the official seal of the FHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as. may be required by the Government. Section 2. The County Manaaer is hereby authorized to (Title of Officer) file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall I take effect immediately. ATTEST Beverly B ythe, Clerk Board of Commissioners OFFER TO PURCHASE AND CONTRACT condemnation Oran e Count North Carolina under threat of and in lieu of ,as Buyer, as Seller, hereby offers to purchase and upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such personal property as is listed below (the real and personal property are collectively referred to as "the Property "), in accordance with the Standard Provisions on the REVERSE SIDE HEREOF and upon the following terms and conditions: I. REAL PROPERTY: Located in the City of , County of State of North Carolina, being known as and more particularly described as: Z� Street Address Le al T7 cri do land and an and all im rovements thereon located on bland described Orangeoin�y ax a arce a s orou owns ip ap s a proper y de- r rr>_be 2 PERSONAL PROPERTY: r 3. PURCHASE PRICE. The purchase price is $ and shall be paid as follows: (a) g -- in earnest money paid by (cash; bank, certified, or personal check) with the delivery of this contract, to be held in escrow by as agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF; (b) S by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of trust on the Property; (c) 5 -- by a promissory note secured by a purchase money deed of trust on the Property with interest prior to default at the rate of % per annum payable as follows: Prepayment restrictions and /or penalties, if any, shall be: Assumption or transfer rights, if any, shall be: (d) S K 9 ., A 9 0 _ Q 0 ,tF��aFdrtce efzhe-porehn—price in cash at closing. 4. CONDITIONS: (State N/A in each blank of paragraph 4(a) and 4(b) that is not a condition to this contract.) (a) The Buyer must be able to obtain a fine commitment on or before N / A effective through the date of closing, for a _ N/A loan in the principal amount of 5 NIA for a term of N/A year(s), at an interest rate not to exceed % per annum, with mortgage loan discount points not to exceed N I A % of the loan amount. Buyer agrees to use his best efforts to secure such commitment and to advise Seller immediately upon receipt of the lender's decision. If Seller is to pay any loan closing costs, those costs are as follows: _ See a) below (b) The Buyer must be able to assume the unpaid principal balance of the existing loan described in paragraph 3(b) above for the remainder of the loan term, at an interest rate not to exceed JA % per annum fixed (or describe type of loan) with mortgage loan assumption and /or discount points not to exceed N / A % of the loan balance. (See Standard Provision No. 2). If such assumption requires the lender's approval, approval must be granted on or before N/ A - _ _ . Buyer agrees to use his best efforts to secure such approval and to advise Seller immediately upon his receipt of the lender's decision. If Seller is to pay any loan assumption costs, those costs are as follows: N Z A (c) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the real property for nffi e- e /institut_iorLa�, nbli�p�rkinc� and cgV rnmental purposes. 5. ASSESSMENTS: Seller warrants that there are no special assessments, e,(ther pending or confirmed, for sidewalk, paving, water, sewer or other improvements on or adjoining the Property, except as follows: - (Insert "None" or the identification of such assessments, if any. The agreement for payment or proration of any assessments indicated is to be set forth in paragraph 6 below.) Pte` ii -s �a P R O C L A M A T I O N HUMAN RIGHTS DAY WHEREAS, it is necessary for the community of Orange County of North Carolina to recognize the need for understanding, tolerance, and celebration of human diversity. WHEREAS, it is within the scope of leadership of the County Commissioners to declare a day of recognition of these values. BE IT RESOLVED THEN that the Orange County Board of Commissioners proclaim Wednesday, the 14th of November as "ORANGE COUNTY HUMAN RIGHTS DAY" Passed this 5th day of November, 1990. Moses Carey, Jr., c Orange County Boar Commissioners //- s — 7 AGREEMENT BETWEEN The University of North Carolina for its School of Dentistry F &K The Orange County Health Department THIS AGREEMENT, made and entered into this first day of July, 1990 by and between the University of North Carolina at Chapel Hill, hereinafter referred to as "The University" for its School of Dentistry; and the Orange County Health Department, hereinafter referred to as "The Health Department ". WITNESSETH: WHEREAS, The University provides dental treatment to inmates assigned to the Orange County Subsidiary (State Prison Unit Number 4240) who are referred to the Ambulatory Care Program at the Orange County Health Department Dental Clinic for care. As full compensation for the dental services, The University receives from the State of North Carolina Department of Corrections the sum of FOUR HUNDRED and no /100 ($400.00) DOLLARS per three -hour clinic, payable upon receipt of invoice DC -105. WHEREAS, the Health Department desires to contract with the University to be reimbursed for costs involved (i.e. supplies, utilities, personnel) in providing dental services to the inmates. NOW, THEREFORE, in consideration of the premises, The University and The Health Department agree as follows: 1. The University shall pay The Health Department fifty percent (50%) of earnings received from the State of North Carolina Department of Corrections for one year less $750 per quarter which sum shall be used to pay Blue Cross /Blue Shield Hospitalization Insurance and other fringes for a general practice resident. Said payment shall be . a . , Orange County Health Department State Prison Unit 4240 made on a quarterly basis as collected. The quarterly amounts will vary because of varying amounts from the prison program. 2. The Health Department shall continue to provide supplies, utilities and personnel in providing dental services to the inmates. Dental services provided shall be in accord with applicable Health Department policy. 3. This agreement shall run for a period of one (1) year, from July 1, 1990 to June 30, 1991 and shall be renewable by written agreement between the parties from year to year. 4. This agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least sixty (60) days prior to termination. In the event of such termination, any payments due shall be paid to The Health Department within sixty (60) days of termination of this agreement. 5. The Health Department hereby agrees with The University that, in its educational and /or employment practices, the Health Department will comply with such non - discrimination laws as may be applicable to it in the performance of this contract. 6. While the North Carolina Memorial Hospital Oral Medicine House Staff are on rotation at the Orange County Health Department, their professional liability insurance coverage will be provided by the Self- Insurance Program for Professional Liability of The North Carolina Memorial Hospital and University of North Carolina School of Medicine with coverage of at least $1 million. 4 Orange County Health Department State Prison Unit 4240 7. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the agreement. IN WITNESS WHEREOF, the parties have hereunto signed this agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF: I 'IQ� �' � Daniel B. Reimer Health Director Y-�V_q O Date: FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HIL L CjJ Ben U. Tu i DA Vice Chancellor Business and Finance Business and Finance This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth., T. Chavious Director, Orange County Finance Date: Chairman, Orange County Board of Commissio rs Date • / — – ? v r . STATE OF NORTH CAROLINA COUNTY OF ORANGE /e/v�. //- 5 7 CONTRACT RENEWAL THIS CONTRACT RENEWAL, made and entered into this the 1st day of July 1990, by and between The Orange County Health Department, party of the first part, and The University of North Carolina at Chapel Hill for its Department of Pediatrics in the School of Medicine, party of the second part. WITNESSETH: THAT WHEREAS, a Contract has previously existed between the same parties which are parties to this agreement, the subject matter of said existing contract being the provision of services of a nurse practitioner and a pediatrician in the Hillsborough Health Department Clinic and it being dated July 1, 1983, and amended July 1, 1984, July 1, 1985, July 1, 1986, July 1, 1987, July 1, 1988, and July 1, 1989. WHEREAS, a copy of said previously existing Contract is attached to this document and is hereby incorporated by reference as though fully set forth; and WHEREAS, the parties to this agreement desire to continue and renew the relationship set forth in the said previously existing Contract; NOW THEREFORE, in consideration of the mutual promises and agreements and any sums to be paid, the parties agree that the previously existing Contract which has been incorporated by reference herein is hereby renewed and reaffirmed on identical terms and conditions except as set forth below: 1. The term of the Contract will begin on the 1st day of July, 1990, and end on the 30th day of June, 1991. _ 2. Paragraph #1 of the previously existing Contract dated July 1983, is amended to read as follows- A pediatrician from The University will provide pediatric services in the Health Department's Hillsborough- -Clini-c one half day each week (4 hour -s), during the contract period. On most weeks this pediatrician will be Dr. Maria Portilla, a Clinical Assistant Professor in the Department of Pediatrics. The half day will be devoted to an adolescent clinic_ A fully trained pediatrician will be provided from the staff of the Division of Community Pediatrics on those occasions when Dr. Portilla is unable to attend. During the 3 months from July through September, Dr. u r 1 S Portilla will work an additional half day providing well child services. During this three month period, Dr. Portilla will review the child health activities of the nurse practitioners on the Health Department staff and sign their charts when appropriate. 3. Paragraph #2 of the previously existing Contract dated July 1, 1983, is amended to read as follows: A family nurse practitioner, Mrs. Betty Compton, Clinical Assistant Professor of Pediatrics, will work in the child health clinics in Hillsborough one half day each week (4 hours). The one half day will be devoted to an Adolescent Clinic. For the three months from July through September, Mrs. Compton will also spend 2 hours each week assisting in the well child clinic. 4. Paragraph f3 of the previously existing Contract dated July 1, 1983, is amended to read as follows: Specific duties and dates of service involved in fulfilling this agreement may be negotiated between the Chief of Community Pediatrics, Dr. Frank Loda, and the County Health Director, Mr. Daniel Reimer. 5. Paragraph #5 of the previously existing Contract dated July 1, 1983, is amended to read as follows: The Health Department will reimburse quarterly the University's Department of Pediatrics at an annual rate of fifteen thousand and fifty two dollars ($15,052) for partial salaries, fringe benefits, and related travel of pediatric faculty and nurse practitioner. The University shall bill the Health Department on a quarterly basis with first bill being dated July 1, 1990, and the Health Department shall pay the University within thirty (30) days of receipt of University's bill. Any adjustments to the billing shall be taken into account in the next succeeding bill or as soon thereafter as practicable. 6. The University will provide professional liability coverage for faculty who fulfill the terms of the contract. nto signed this IN WITNESS WHEREOF, the parties hereu Agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF THE ORANGE COUNTY HEALTH DEPARTMENT Daniel B. Reimer Health Director Date: / o/Z z TO FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL /-en Tuchi Vice 4-Chancellor, usiness and Finance Date: - 57,0 This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T..Chavious Director, Orange County Finance Date: Chairman; Orange Count o rd of Commissioners Date: '. 1, !" L � STATE OF NORTH CAROLINA COUNTY OF awcE AGREEMENT BETWEEN The Orange County Health Department Hillsborough, N. C. AND She University of North Carolina at Chapel Hill for its Department of Pediatrics of the School of Medicine THIS AGRE jEmT, made and entered into this the 1st day of July 1983, by and between The University of North Carolina at Chapel Rill, herinafter referred to as "The University" for its Department of Pediatrics in the School of Medicine and the Orange County Health Department, herinafter referred to as "The Health Department." WITNESSETH: WHEREAS, The Health Department desires to contract with The University for the services of a pediatrician and -other health providers in the Hillsborough Clinic; and WHEREAS, The University, through the Department of Pediatrics, shall provide this service to the Health Department: NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants, and conditions, The Health Department and The University agree as follows: 1. A pediatrician from The University will provide pediatric services in the Health Department's Hillsborough Clinic one half day each week daring the contract period. On most weeks this pediatrician will be Dr. Mary Glenn Fowler, an assistant professor in the Department of Pediatrics. A full trained pediatrician will be provided from the staff of the Division of Community Pediatrics on those occasions when Dr. Fowler is unable to attend. in addition to providing direct pediatric services during this period, the faculty member will review the child health activities of the nurse practitioners on the Health Department staff and sign their charts when appropriate. Dr. Fowler and other members of the Division of Community Pediatrics will be available by phone for consultation with the nurse practitioners employed by the Health Department during regular Health Department hours. 2. A family curse practitioner, Mrs. Betty Compton, clinical assistant professor of pediatrics, will work iu the child health clinics in Hillsborough one half day each week. As part of her duties, Mrs. Compton will supervise a pediatric resident who will work in the clinic one half day each week as part of the resident's training experience. „rry 1• L' 't t 11_15lo 3. Specific duties and dates of service involved in fulfilling this agreement may be negotiated between the Chief of Community Pediatrics, Dr. Frank Loda, and the County Health Director, Mr. Jerry Robinson. 4. In the event the faculty from The University's Division of Community Pediatrics are unable to provide the services required, an effort will be made to provide a replacement from existing Pediatrics Department staff. If such a replacement could not be found, this Agreement would be terminated and payments under this Agreement would be prorated to the date of termination. 5. The Health Department will reimburse quarterly The University's Department of Pediatrics at an annual rate of $8,000.00 for the faculty and nurse practitioner salaries and fringe benefits. 6. This Agreement shall run for a period of 12 months, from the 1st day of July 1983 through the 30th day of June 1984 and shall be renewable thereafter upon written notice executed by both parties. 7. This Agreement or its renewals may be terminated at any time without penalty byeither party provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination any payment due shall be prorated- to the date of termination. 8. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. The Health Department hereby agrees with The University that, in its educational and /or employment practices, The Health Department will comply with such non- discrimination laws as may be applicable to it in the performance of this contract. IN WITNESS WHEREOF, the parties -have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF The Orange County Health Department C", (2,�, '. GrroRobinson, Director (.a ate Finance Officer FOR AND ON BEiiALF OF ID THE .UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Farris W. Womac .4 Vice ha:c?llor, Business and Finance APPROPEDD Thomas F. Boat, M.D. , Chairman Department of "Pediatrics / IS3 Da ee KAJ40 2r, Stuart Bondurant, M.D. "- v Dean, School of Medicine Da e APPROVED BY: �� - SCHOOL OF SOCIAL WORK FOUNDATION HUMAN SERVICES RESEARCH AND DESIGN LABORATORY UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL 910 AIRPORT RD. CHAPEL HILL, N.C. 27599 -3570 (919) 962 -2282 W RK A EE NT DATE October 24, 1990 NAME OF ORGANIZATION Human Services Management Team of Orange County Manager's Office 109 Court Street Annex Hillsborough, NC 27278 X2300 ATTENTION Mr. Albert Kittrell PHONE (919) 968 -4501 JOB DESCRIPTION The Human Services Research and Design Laboratory will organize and conduct an Assessment for a Master Client File Index for The Human Services Management Team of Orange County, N.C. This is to include all of the tasks and responsibilities outlined in our proposal to Mr. Albert Kittrell on October 22, 1990. Attached is a listing of project deliverables and a schedule of payments tied to deliverables. The Laboratory will bill the client upon deliver. Checks should be made payable to the School of Social Work Foundation. Social Work Foundation Authorized Signatur - , Date 1012 11 Signature of 01 Representative Date //-s -7 --- --m Schedule of Deliverables and Costs Deliverable 1. Assessments/Interviews 2. Analysis/Reporting Total December 31, 1990 March 15, 1991 $5,120 $10.390 $15,510 ,w. .� - >t '000jr ��- S'- y`7 RESOLUTION REGARDING DRAFT LEGISLATION ON WATER TRANSFERS WHEREAS, the North Carolina General Assembly's Surface Water Study Committee will consider on November 8, 1990 legislation to restrict water transfers, and WHEREAS, the Orange County Board of Commissioners has a long- standing commitment to improving the quality of life for County citizens through the wise and environmentally sensitive management of water resources, and WHEREAS, the Board has reviewed the draft bill and found it potentially detrimental to both the ecology and the economy of Orange County, Now, THEREFORE, be it resolved: 1. That the Board of Commissioners requests that members of the Surface Water Study Committee and legislators representing Orange County oppose adoption of the draft legislation, and 2. That the Board requests that the legislature review state water law comprehensively and revise it as needed so as to bring consistency to its parts, to ensure that the capacities of streams and lakes are respected, and to encourage the efficient use of water supply resources for the benefit of all North Carolina citizens. Adopted this 5th day of November, 1990. r� Iii. Moses Carey, Chair .r �... ... �� 16YI-115:pb //_15�"_ 91�1 RESOLUTION REGARDING DRAFT LEGISLATION ON WATER TRANSFERS WHEREAS, the North Carolina General Assembly's Surface Water Study Committee will consider on November 8, 1990 legislation to restrict water transfers, and WHEREAS, the Orange County Board of Commissioners has a long- standing commitment to improving the quality of life for County citizens through the, wise and environmentally sensitive management of water resources, and WHEREAS, the Board has reviewed the draft bill and found it potentially detrimental to both the ecology and the economy of Orange County, Now, THEREFORE, be it resolved: 1. That the Board of Commissioners requests that members of the Surface Water Study Committee and legislators representing Orange County oppose adoption of the draft legislation, and 2. That the Board requests that the legislature review state water law comprehensively and revise it as needed so as to bring consistency to its parts, to ensure that the capacities of streams and lakes are respected, and to encourage the efficient use of water supply resources for the benefit of all North Carolina citizens. Adopted this 5th day of November, 1990. Moses Carey, Chair /�IID�D Ir�� ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 1990 SUBJECT: Old Courthouse Landscaping Capital Project DEPARTMENT Budget, Public Works ATTACHMENT(S) Proposed Capital Project Ordinance Action Agenda Item No.. -� PUBLIC HEARING YES NO -X_ INFORMATION CONTACT Rod Visser, ext 2450 Wilbert McAdoo, ext 2626 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To approve a change order to the contract awarded to C.C. Woods Construction Company to authorize planned construction for Phase II of the Old Courthouse Landscaping Project. BACKGROUND: At the September 4, 1990 meeting, the Board of Commissioners approved a contract with the C.C. Woods Construction Company in an amount not to exceed $50,000. This contract covered Phase I construction work under the Old Courthouse Landscaping Project and additional work that could be performed within the funding limitation. The contractor has offered to undertake Phase II construction for $23,950, a savings of $11,538 from the amount originally bid. This construction work would, among other elements, include repair of the Churton Street sidewalk, which was the County's second most significant liability concern associated with the project. The offer is valid for one week's time, at which point the contractor may withdraw it if business picks up. An additional appropriation of $18,852 would be needed to cover construction and tree plantings included in Phase II. It is recommended that these funds be advanced from the project allocation of $36,000 planned for 1991 -92 in the CIP. The total planned project cost at this time would not increase from the CIP total of $125,000. A summary of pertinent figures is reflected below: 0 • R -.6., _0• Original Construction Bid (Phases I & II) Total Construction Cost (Phases I & II) Cost Savings Project Budget (thru 1990 -91) less Non- - Construction Project Costs Construction Allocation (thru 1990 -91) Phase I Construction Contract Uncommitted Construction Funds Phase II Construction Tree Plantings less Uncommitted Balance Project Appropriation Advance Required RECOMMENDATION(S): Approve the necessary change Courthouse Landscaping construction contract and capital project ordinance to authorize completion II of the project. $ 78,691 67,153 $ 11,538 $ 59,000 (2,_899 $ 56,101 43,203 $ 12,898 $ 23,950 7,800 (12,8981 $ 18,852 order to the Old adopt the attached of both Phases I and Z �i .�, C� OLD COURTHOUSE LANDSCAPING PROJECT CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the upgrading of the grounds surrounding the Old Courthouse. The project will be financed by appropriations from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with -the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $ 77,852 Section 4. The following amount is appropriated for this project: Old Courthouse Landscaping $ 77,852 Project Section 5. This ordinance supersedes all previous Old Courthouse Landscaping Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1994. Adopted this 5 day of November, 1990. r'�w..'i �..� STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT ORANGE FAMILY MEDICAL GROUP, P.A. I jqs 90 � S THIS AGREEMENT made and entered into this the 1st day of November, 1990, by and between the Orange County Health Department, hereinafter referred to as "The Department," and the Orange Family Medical Group, P.A., hereinafter referred to as the "Medical Group." W? T N E S S E T H: WHEREAS, the Department desires to contract with the Medical Group for family medical professional services to improve the care of patients in the the Department's Child Health clinic; and WHEREAS, the Medical Group desires to provide these services for the Department; NOW,, THEREFORE, in consideration of the premises and the following mutual promises, covenants, and conditions, the Department and the Medical Group agree as follows: A. A physician member of the Medical Group, primarily, Jonathan Klein,'' M.D., will attend the Child Health clinic in the Hillsborough facility every Wednesday morning from 8:15 a.m. to 11:45 a.m. In addition, a physician from the medical group will be available to back -up phone coverage of the Child Health clinic every Monday morning from 8:00 a.m. to 12:00 p.m. B. The duties performed by the Medical Group include: F 1. Approval of clinic protocols. 2. Primary supervision of the nurse practitioners who are employees of the Department. - 3. Co- signing charts of patients seen by the nurse practitioners - - " "- of the Department. 4. Medical consultation services to Child Health patients on Wednesday mornings. J 5. Well child medical services on an occasional basis when the nurse practitioner is not available. 6. Periodic continuing education consultation for nurse practitioners and other Child Health staff. AGREEMENT Between Orange County Health Department and Orange Family Medical Group, P.A. Page 2 C. Dr. Jonathan Klein will sign as supervising physician for the nurse practitioners. All other members of the Medical Group will sign as backup supervising physicians. D. The Medical Group will provide professional liability coverage for its members. The Department will provide professional liability coverage for the nurse practitioners and other employees. E. The Department will pay the Medical Group at the rate of two hundred and ten dollars ($210.00) per week on the following schedule: 1. For the months of November and December, the Department will pay an advance amount of one thousand, six hundred and eighty dollars ($1,680.00) by the 30th of November, 1990. 2. For the months of January, February, and March, the Department will pay an amount of two thousand, seven hundred thirty dollars ($2,730.00) by the 31st of January, 1991. 3. For the months of April, May, and June, the Department will pay an amount of two thousand, seven hundred and thirty dollars ($2,730.00) by the 30th of April, 1991. F. This agreement shall run for a period of eight (8) months from the 1st day of November, 1990, to the 30th day of June, 1991, and shall be renewed from year to year thereafter upon written notice. executed by both parties. G. This agreement or its renewals may be terminated at any time, without penalty by either party, provided that written notice of such termination is furnished to the other party at least sixty (60) days prior to termination. In the event of such termination any payment made shall be prorated to the date of termination. --- H. This agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. AGREEMENT Between Orange County Health Department and Orange Family Medical Group, P.A. Page 3 IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below: FOR AND ON BEHALF OF THE ORANGE COUNTY HEALTH DEPARTMENT: Daniel B. Reimer, Director Date: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Kenneth T. Chavious Finance Director /I- OS -9a Date. Moses Carey, Chair Board of Commissioners Date: r �0 FOR AND ON BEHALF OF THE ORANGE MEDICAL GROUP, P.A.: P� Arthur Axelbank, M.D., President Date: ���� ( �7 r ACC NUMBER: AMENDMENT NO. 1 TO ANNUAL CONTRIBUTIONS CONTRACT A -2903 - E This Amendment to the Annual Contributions Contract No. A -2903 - E (the "ACC ") is entered into between the UNITED STATES OF AMERICA, acting through the Department of Housing and Urban Development ( "HUD ") and the Oran e County Housing Authority (the "PHA "). The parties agree as follows: 1. The columns appearing in Section 1.2.B. are revised to read as follows: Number of Bedrooms Number of Units 0 1 1 72 (7 elderly) 2 219 3 99 4 12 Total 403 2. Exhibit II, attached to the ACC and dated 6/26/90, is deleted and a new Exhibit II, attached to this Amendment, is substituted therefor. 3. Except as specifically herein amended, all the terms and condi- tions of the ACC remain in full force and effect. PUBLIC HOUSING AGENCY COUNTY HOUSING AUTHORITY e of PHA B ZZ, Signature TT Date signed A l fAeS l,0.r`P%1. .) r Prir(t or type name and official title of signatory UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT By Signature ,Date signed ri W. h N ACC Part I Nusber: _ A -2903 - E EXHIBIT II Projects Appropriated in Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract authority. BA = Budget authority. PROJECT CA BA FIRST DATE LAST DATE UNIT NUMBER OF TERM OF TERM DISTRI- BUTION NC19 -E104-001 $304,284.00 $4,565,412.00 10/18/76 10/17/91 NC19 --E104 -009 $ 82,308.00 $ 411,540.00 NC19 -E104 -901 $372,074.00 $ 744,148.00 09/01/89 06/30/91 UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT Date signed Exhibit 11:. Page 1 of 1 pages OBR - 1 1BR - 52 2BR - 56 3BR - 17 Total 126 1BP. - 7 (eld..) 3BR - 8 Total 15 HUD 52520 B (August 1988) N/A Co;r1s4lidated Annual Contributions Contract Housing Voucher Program ACC P 1.1. Definitions. /i r---Z�� U.S. Department of Housing and I.�rbI Development Office 7f Housing Contract No. A- 2903 —V A. ACC. As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part H of this CACC, "ACC" means the CACC. B. CACC. Consolidated Annual Contributions Contract. C. Contract Authority. The amount of contract authority for each project is listed in Exhibit I or Exhibit it of this CACC Part I (subject io reduction in accordance with section IA.D and'section 2.3 of this CACC'). D. Fiscal Year. The PHA Fiscal Year. F HUD. U.S. Department of Housing and Urban Development. F. PHA. Public Housing Agency. G. Program. The PHA's Housing Voucher Program under the CACC. H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. I. Program Receipts. Amounts paid by HUD to the PHA for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. J. Project. A funding increment for the Program. .2. Housing Voucher Program. ir be entered subsequently by HUD, upon written notice by HUD to the PHA. E. HUD may revise Exhibit I or Exhibit H at any time, upon written notice by HUD to the PHA, to remove a project for which the ACC term has expired F. The initial ACC term for any project may be extended by written agreement of the PHA and HUD. 1.4. Annual Contribution. A. Payment. HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose of HUD Payments. 1. The annual contribution for the Program during a Fiscal Year shall be the sum of the amounts paid for each of the projects in the program. The HUD annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. A. Projects in Program. The projects in the program are listed in C. Exhibit I and Exhibit 1I of this CACC Part I. (List all new projects in CACC Exhibit II.) B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month period ending June 30 of each calendar year. (Insert the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA raider an ACC with HUD.) .3. Term. A. The initial term of the ACC for each project shall be a term of five years beginning on the effective date of the ACC for the project. B. The first date and last date of the ACC term for each project is stated in Exhibit 1 or Exhibit Il. C. The first date of the ACC term for the project shall be a date as determined by HUD. D. If the first or last date of the ACC term for the project is not entered before the CACC is signed by the PHA, the date may Maximum Payments for Program. 1. Annual Limit on Payments for Program. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for a project under section I A.8 during the Fiscal Year shall not be more than the contract authority for the project. The amount of contract authority reserved for each project in the Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance with section 1.4.13 and section 2.3 of this CACC). 2. Limit on Total Payments for Project During CACC Term. The total of HUD payments under section 1.4.13 for a project over the term of the CACC for the project (including any payments from the CACC reserve account as provided in section IA.E, but not including any payments under section I A.F) shall not be more than five times the contract authority for the project. D. Reduction of Amount Payable. HUD may reduce the amount payable by HUD for any project or for the program, and may reduce the amount of the contract authority for any project, by giving the PHA written notice of reduction in accordance with section 2.3 of this CACC. The notice by HUD may include a page 1 of 4 pages form HUD- 52520 -D (1190) rc 1 r Consolidated U.S. Department of Housing and Urban Development ^ 0 Annuai'Contributions Contract Of s of Housing Housing Voucher Program ACC Pa Contract No. A- 2903 —V 1.1. Definitions. A. ACC. As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part Hof this CACC, "ACC" means the CACC. B. CACC. Consolidated Annual Contributions Contract. C. Contract Authority. The amount of contract authority for each project is listed in Exhibit I or Exhibit H of this CACC Part I (subject io reduction in accordance with section IA.D and section 23 of this CACC). D. Fiscal Year. The PHA Fiscal Year. E. HUD. U.S. Department of Housing and Urban Development. F. PHA. Public Housing Agency. G. Program. The PHA's Housing Voucher Program under the CACC. H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. I. Program Receipts. Amounts paid by HUD to the PHA for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. J. Project. A funding increment for the Program. 1.2. Housing Voucher Program. A. Projects in Program. The projects in the program are listed in Exhibit I and Exhibit II of this CACC Part I. (List all new projects in CACC Exhibit II.) B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month period ending June 30 of each calendar year. (Insert the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an ACC with HUD.) .3. Term. A. The initial term of the ACC for each project shall be a term of five years beginning on the effective date of the ACC for the project. B. The first date and last date of the ACC term for each project is stated in Exhibit I or Exhibit fl. be entered subsequently by HUD, upon written notice by HUD to the PHA. E. HUD may revise Exhibit I or Exhibit H at any time, upon written notice by HUD to the PHA, to remove a project for which the ACC term has expired F. The initial ACC term for any project may be extended by written agreement of the PHA and HUD. 1.4. Annual Contribution. A. Payment. HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose of HUD Payments. 1. The annual contribution for the Program during a Fiscal Year shall be the sum of the amounts paid for each of the projects in the program. The HUD annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Payments for Program. 1. Annual Limit on Payments for Program. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for a project under section l .4.8 during the Fiscal Year shall not be more than the contract authority for the project. The amount of contract authority reserved for each project in the Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance with section 1.4.1) and section 2.3 of this CACC). 2. Limit on Total Payments for Project During CACC Term. The total of HUD payments under section 1.4.8 for a project over the term of the CACC for the project (including any payments from the CACC reserve account as provided in section IA.E. but not including any payments under section 1.4.F) shall not be more than five times the contract authority for the project. C. The fast date of the ACC term for the project shall be a date as D. Reduction orAmount Payable. HUD may reduce the amount determined by HUD. payable by HUD for any project or for the program, and may D. if the first or last date of the ACC term for the project is not reduce the amount of the contract authority for any project, by giving the PHA written notice of reduction in accordance with entered before the CACC is signed by the PHA, the dace may section 2.3 of this CACC. The notice by HUD may include a page 1 of 4 pages form HUD - 52520 -D (1/90) ref. handbooks 7420 3 d 7420 7 revision of Exhibit I or II to state the reduction in the amount 1.5. CACC. of rnntrart nnthnrity for a nroiect_ E. CACC Reserve Account. A CACC reserve account shall be established and maintained by HUD, in an amount. as determined by HUD. The CACC reserve account may be used by HUD for payment of any portion of the payment approved by HUD under section 1.4.5 for the Fiscal Year. A. The CACC consists of this CACC Part I (including Fxhabits I and II) and the form ACC Pan II prescribed by HUD for the Housing Certificate Program and the Housing Voucher Program, designated as form HUD 52520 -E, and dated January 1990. These documents constitute the whole CACC for the Program. F. Portability Procedures: Fees of Receiving PHA. In addition B. This CACC supersedes any previous Annual Contributions to the maximum payments under section IA.C, including Contract for the projects or Program. Matters relating to payments from the CACC reserve account under section operation of the projects or Program under a previous Annual 1.4.E HUD may approve additional payments to the PHA for Contributions Contract shall be governed by this CACC. the purpose of paying fees to another PHA acting as receiving PHA in accordance with HUD portability procedures. G. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit U shall constitute a separate ACC. lublic Housing Agency Signatures: Name of Public Housing Agency : ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT signature a Date signed by: ✓ Print or type the name and official fide of signatory : lnited States of America Secretary of Housing and U Signatum a Date signed ; by: CFFA-W; ORA14,77 COUr -t'.$ J3OAPD OF Print or type the name and official title of signatory : nt page 2 of 4 paces %CC P Contract No. A- 2903 -V xhlbtt 1 : First Dais Last Data Project Number Corinct Authority($) QI Term of Term NC19 -V104 -001 NC19 -V104 -002 $ 33,601.00 100,803.00 ited States of America :retary of Housing and Urban Development 11/30/87 11/30/87 11/29/92 11/29/92 Date sigrwa : Exhibit t♦ First Dow Last Dow Proud Number CoMmd Authority($) of Term of Term NC19 -V104 --003 NC19 --V104 --004 NC19 --V104 --005 $ 85,764.00 U3090,91001 128,414.00 nited States of America .cretary of Housing and Urban Development 04/01/89 11/01/89 03/31/94 10/31/94 Date SOW: page 4 of 4 pages form HUD•525MD Consolidated U.S. Department of Housing and Urban Development Annual.,Contributions Contract Office of Housing Housing Certificate Program and Housing Voucher Program t0 it ACC Part II Contract No. A- 2903 —V 2.1. HUD Requirements. B. The notice by HUD to the PHA shall state any reduction, A. The PHA agrees to comply, and shall require owners to pursuant to section 2.3.A of the ACC, in the amount of the comply, with the requirements of the U.S. Housing Act of annual contribution payable for any project or for the 1937 and all applicable HUD regulations and other Program, and shall state any reduction in the amount of requirements, including any amendments or changes in the contract authority reserved by HUD for a project. The notice Act or HUD requirements. may specify a revised unit distribution. HUD notice of B. The PHA shall comply with its HUD- approved administrative reduction or revision shall constitute an amendment of the plan, .equal opportunity housing plan and HUD- approved ACC. However, HUD shall not reduce the amount of annual applicatipns for the Programs. contribution payable by HUD for any project or for the Program, and shall not reduce the amount of contract authority C. The PHA shall use the forms required by HUD. reserved by HUD for a project, below the amount, as D. The PHA shall proceed expeditiously with the Programs determined by HUD, necessary for dwelling units under under this ACC. contracts for housing assistance payments with owners on the date when the PHA receives the HUD notice. 2.2. Annual Contribution. 2.4. Use of Program Receipts. A. The PHA shall submit to HUD each Fiscal Year an estimate of A. the annual contribution required fcc the Programs. The annual contribution estimate, and supporting data for the estimate, shall be submitted at such time and in such form as HUD may require, and are subject to HUD approval and revision. B. The PHA will requisition periodic payments on account of each annual contribution. The requisition shall be in the form prescribed by HUD. Each requisition shall include certification by the PHA that 1. Housing assistance payments have been- made in accordance with contracts in the form prescribed by HUD and in accordance with HUD requirements; and 2. Units have been inspected by the PHA in accordance with HUD requirements. C. If HUD determines that payments by HUD to the PHA for a Fiscal Year exceed the amount of the annual contribution approved by HUD for the Fiscal Year, the excess shall be applied as determined by HUD. Such applications determined by HUD may include, but are not limited to, application of the excess payment against the amount of the annual contribution for a subsequent Fiscal Year. The PHA shall take any actions required by HUD respecting the excess payment, and shall, upon demand by HUD, promptly remit the excess payment to HUD. .3. Reduction in Annual Contribution Payable by HUD. A. Upon written notice by HUD to the PHA, HUD may reduce to an amount determined by HUD the amount of the annual contribution payable for any project or for the Program, and may reduce to an amount determined by HUD the contract authority reserved by HUD for any project included in the Program, if HUD determines that the PHA has failed to comply with any obligations under the ACC. The PHA shall use Program Receipts to provide decent, safe and sanitary housing for eligible families in compliance with the U.S. Housing Act of 1937 and all HUD requirements. Program Receipts may only be used to pay Program Expenditures. B. The PHA shall not make any Program Expenditures except in accordance with the annual contribution estimate and supporting data for such estimate as approved by HUD. C. The PHA shall maintain an Operating Reserve account that shall be credited with the amount by which the total of administrative fees earned and interest earned on the Operating Reserve exceed PHA administrative expenses during a Fiscal Year. In subsequent years, the PHA must use funds in the Operating Reserve to pay administrative expenses in excess of Program Receipts. Notwithstanding the provisions of section 2.4.A, if there remain funds in the Operating Reserve, the PHA may use such funds for other housing purposes consistent with State and local law. However, HUD may prohibit use of funds in the Operating Reserve for other housing purposes if the PHA is not adequately administering its Housing Certificate Program or its Housing Voucher Program or has failed to comply with any of its obligations under the ACC. 2.5. Books of Account and Records; Reports. A. The PHA shall maintain complete and accurate books of account and records for the Program. The books and records shall be in accordance with HUD requirements, and shall permit a speedy and effective audit. B. The PHA shall furnish HUD such financial, operating, and statistical reports, records, statements, and documents at such times, in such form, and accompanied by such supporting data as required by HUD. Page 1 of 3 form HUD- 52520•E (1/90) ref. handbook 7420.3 Cr i=II;TD and the Comptroller General of the United States, or their duly authorized representatives, shall have full and free access to all PHA offices and facilities, and to all the books, documents, papers, and records of the PHA that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts and transcripts from the books and records. D. The PHA shall be responsible for engaging and paying an independent public accountant for the making of audits as required by HUD. The cost of audits required by HUD may be charged against Program Receipts. 2.6. Depositary. A. The PHA shall enter into one or more agreements, which are collectively called the "Depositary Agreement ", with financial institutions which are selected as depositary by the PHA, and whose accounts are insured by an agency of the Federal Government. The-Depositary Agreement shall be in the form prescribed by HUD and the PHA shall furnish to HUD such copies of the Depositary Agreement as 'RLTD may require. B. All Program Receipts- shall be promptly depositryl with the Depositary under the Depositary Agreement unless otherwise required or permitted by HUD. The PHA may withdraw Program Receipts subject to the Depositary Agreement only for use in connection with the Program in accordance with HUD regulations or other requirements. No withdrawal shall be made except in accordance with a voucher on file in the office of the PHA stating in proper detail the purpose of the withdrawal. C. As required by HUD, PHA funds in excess of current needs shall be promptly remitted to HUD or shall be invested in accordance with HUD requirements. Interest on the investment of Program Receipts shall constitute Program Receipts. D. The Depositary Agreement shall provide that the provisions of the Depositary Agreement may not be terminated or changed without written consent by HUD, and that if required under a written notice from HUD to the Depositary, (1) the Depositary shall not permit any withdrawal by the PHA of funds held under the Depositary Agreement unless withdrawals by the PHA are expressly authorized by written notice from HUD to the Depositary, and (2) the Depositary shall permit withdrawals of such funds by HUD. E. If approved by HUD, the PHA may deposit under the Depositary Agreement monies received or held by the PHA in connection with any contract between the PHA and HUD. .7. Default by PHA. A. Upon written notice to the PHA, HUD may take possession of all or any PHA property, rights or interests in connection with the Program, including funds held under the Depositary Agredment Program Receipts, and rights or interests under a contract for housing assistance payments with an owner, if HUD determines that 1. The PHA has failed to comply with any obligations under this ACC, or 2. The PHA has failed to comply with obligations under a contract for housing assistance payments with an owner, or has failed to take appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the PHA's rights under a contract for housing assistance payments (including requiring actions by the owner to cure a default, termination or reduction of housing assistance payments, termination of the contract for housing assistance payments, or recovery of overpayments), or 3. The PHA has made any misrepresentation to HUD of any material fact HUD shall issue a notice to the PHA giving the PHA a reasonable opportunity to take corrective action before HUD takes possession of PHA property, rights or interests under this section 23A B. If HUD has taken possession of PHA property, rights, or interests under section 23A, HUD shall redeliver possession of the property, rights or interests as constituted at the time of the return when HUD is satisfied that all defaults have been cured, and that the Program will thereafter be administered in accordance with this ACC. C. HUD's exercise or non - exercise of any right or remedy under the ACC shall not constitute a waiver of HUD's right to exercise that or any other right or remedy at any time. D. During the term of this ACC. HUD shall continue to pay annual contributions for the purpose of making housing assistance payments with respect to dwelling units under contracts with owners, entered into by the PHA in the form prescribed by HUD and in accordance with HUD regulations and other requirements. The housing assistance payments shall be made in accordance with the terns of such contracts. 2.8. Fidelity Bond Coverage. The PHA shall carry adequate fidelity bond coverage, as required by HUD, of its officers, agents or employees handling cash or authorized to sign checks or certify vouchers. 2.9. Nondiscrimination in Housing. A. The PHA shall comply with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 prohibiting discrimination based on race, color or national origin and Executive Order 11063 with respect to those provisions prohibiting discrimination based on religion or sex, and with implementing HUD regulations. B. The PHA shall comply with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the sale, rental or financing of housing on the basis of race, color, religion, sex, handicap, familial status or national origin and with any implementing regulations. C. The PHA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination Page 2 of 3 form HUD - 52520 -E against handicapped persons who would otherwise qualify to participate in the Program and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. D. Unwed parents, families with children born out of wedlock, and recipients of public assistance shall not be excluded from participation in or be denied the benefit of the Program because of such status. 2.10. Equal Employment Opportunity. A. The FHA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, handicap or national origin. The PHA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, creed, religion, sex, handicap or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. The PHA agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HUD setting forth the provisions of this nondiscrimination clause. The PHA will in all solicitations or advertisements for employees placed by or on behalf of the PHA state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, handicap or national origin. The PHA will incorporate the foregoing requirements of this paragraph in all of its contracts for project work, except contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for project work. 2.11. Training, Employment, and Contracting Opportunities for Business and Lower Income Persons. The PHA shall comply with Section 3 of the Housing and Urban Development Act of 1968 and HUD regulations. To the greatest extent feasible, employment and training opportunities in connection with planning and carrying out any project assisted under the Program shall be given to lower income persons residing within the unit of local government ar the metropolitan area (or nonmetropolitan county), as determined by HUD, in which the project is located, and contracts for work to be performed in connection with any project shall be awarded to business fonts which are located in Of owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project. 2.12. Cooperation in Equal Opportunity Compliance Reviews. The PHA shall cooperate with HUD in conducting compliance reviews and complaint investigations pursuant to applicable civil rights statutes, Executive Orders, and related rules and regulations. 2.13. Conflict of Interest Provisions. A. Neither the PHA nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with the Program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year thereafter. 1. Any present or former member or officer of the PHA (except a tenant commissioner). 2. Any employee of the PHA who formulates policy or who influences decisions with respect to the Program. I Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to the Program. B. Any members of the classes described in paragraph A must disclose their interest or prospective interest to the PHA and HUD. C. The requirements of section 2.13A may be waived by HUD for good cause. No person to whom a waiver is granted shall be permitted (in the capacity as member of a class described in section 2.13.A) to exercise responsibilities or functions with respect to a contract for housing assistance payments executed, or to be executed, on his or her behalf, or with respect to a contract for housing assistance payments to which this person is a party. D. The provisions of section 2.13.A, section 2.13.11 and section 2.13.0 shall not be applicable to the Depositary Agreement, or to utility service the rates for which are fixed or controlled by a govenunentai agency. 2.14. Interest of Member of or Delegate to Congress No member of or delegate to the Congress of the United States of America or resident commissioner shall be admitted to any share or part of this ACC or to any benefits which may arise from it. 2.15. Exclusion of Third Party Rights. Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this ACC, or to assert any claim against HUD or the PHA under this ACC. Pap 3 of 3 fora, HUD-52520-E ti � i STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL For Itw. Department of Obstetrics and Gynecology in the School of Medicine This Agreement made and entered into this the 30th day of April, 1990 by and between The University of North Carolina at Chapel, Hill, hereinafter referred to as "The University," for its Department of Obstetrics and Gynecology in the School of Medicine; and the Orange County Health Department, hereinafter referred to as the "OCHD." W I T N E S S E T H: WHEREAS, OCHD desires to contract with The University for obstetrical and gynecological professional services to improve obstetrical care, patient understanding and satisfaction, as well as enhance the communication between the care providers in the Orange County Health Department and The University's Department of Obstetrics and Gynecology; and WHEREAS, The University's Department of Obstetrics and Gynecology desires to provide these services for OCHD; NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants, and conditions, OCHD and The University agree as follows: A. A third year resident in Obstetrics and Gynecology will be assigned for a minimum period of ten weeks to the Hillsborough Clinic every Thu -rsday beginning at 1:00 p.m. extending to 4:30 p.m.. An exception to this time schedul- e-1-s^Ch -e '3rd--- T- hur-sday of each month when the resident will begin at 1:30 p.m. and conclude at 5:00 p.m. The assigned resident shall notify the clinic manager no later than.1:00 p.m. of a change in the expected arrival time in clinic. The resident's function will be: 1. To--- p- rovide normal prenatal care 2. To provide obstetrics and gynecologic consultation regarding patients referred by the nurse practitioner. 3 x Page 2 of 3 Agreement Between Orange County Health Department and The University of North Carolina at Chapel Hill Department of Obstetrics and Gynecology 3. To assist in the dispensing of prenatal medications. 4. To consult with the senior attending at UNC Hospital about patient referrals and high risk patients. S. To attend the post clinic conference. All care rendered will be appropriately documented in writing. B. The University's Department of Obstetrics and Gynecology proposes to contract for 50 clinics per year (there being no clinic during Thanksgiving week and allowance being made for one additional week relative to an agreed upon holiday). Each clinic will require 3 1/2 hours of resident time and 3/4 hour travel, time. The cost per hour is $40.00. For fifty (50) clinics the total cost per year would be $8,500.00. C. Upon request, The University will provide evidence of Professional Liability coverage by the North Carolina Memorial Hospital in the amount of at least $1,000,000.00 on all duly appointed members of the duly appointed Housestaff under the self insurance program of the University of North Carolina at Chapel Hill. In order to cover financial liability which may arise, from the negligence or wrongful acts or omissions of such residents / housestaff while on rotation at Orange County Health Department. D. This Agreement shall run for a period of one (1) year from the 1st day of July, 1990 to the 30th day of June, 1991 and shall be renewed from year to year thereafter upon written notice executed by both parties. E. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination i.s..furnished. to the other party at least 90 days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. -- - F. It-is-- the —i-n-t-ent an-d— p- rrposes of this Department to send a senior resident; however, due to circumstances beyond our control, it may be that.a resident other than 3rd year may.. necessarily attend the clinic. G. The OCHD hereby agrees with The University that, in its educational and /or employment practices. said.contractin.g party will comply with such non- discrimination laws as may be applicable to it in the .performance of this contract. Page S of S (�gree.nrent Between Orange County Health Department and The University of North Carolina at Chapel Hill Department of Obstetrics and Gynecology H. This Agreement contains the entire understanding of the parties and shall not be altered, amended or- modified, except by an agreement in writing executed bytthe duly authorized officials of both parties. I. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF ORANGE COUNTY HEALTH DEPARTMENT i Daniel B. Reimer, Director Date: t d/2— Z/ 90 "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Director, Orange County Finance Date. Chairman, Board—of Commi Oners Oate. �.&l PO FOR AN ON BEHALF OF THE UNIVERSITY OF NORTH CAROLI AT PEL HILL Ben J. Tuchri, PYt D., Vice Chancellor Business and Finan re Date: T y STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT r1 ORANGE FAMILY MEDICAL GROUP, P.A. Z/ 5- .�o THIS AGREEMENT made and entered into this the lst day of November, 1990, by and between the Orange County Health Department, hereinafter referred to as "The Department," and the Orange Family Medical Group, P.A., hereinafter referred to as the "Medical Group." W I T N E S S E T H: WHEREAS, the Department desires to contract with the Medical Group for family medical professional services to improve the care of patients in the the Department's Child Health clinic; and WHEREAS, the Medical Group desires to provide these services for the Department; NOW, THEREFORE, in consideration of the premises and the following mutual promises, covenants, and conditions, the Department and the Medical Group agree as follows: A. A physician member of the Medical Group, primarily, Jonathan Klein,' M.D., will attend the Child Health clinic in the Hillsborough facility every Wednesday morning from 8:15 a.m. to 11:45 a.m. In addition, a physician from the medical group will be available to back -up phone coverage of the Child Health clinic every Monday morning from 8:00 a.m. to 12:00 p.m. - -- B. The duties performed by the Medical Group include: 1. Approval of clinic protocols. 2. Primary supervision of the nurse practitioners who are employees of the Department. 3. Co- signing charts of patients seen -by the nurse practitioners of the Department. 4. Medical consultation services to Child Health patients on Wednesday mornings. 5. Well child medical services on an occasional basis when the nurse practitioner is not available. - 6. Periodic continuing education consultation for nurse practitioners and other Child Health staff. lk AGREEMENT Between Orange County Health Department and Orange Family Medical Group, P.A. Page 2 C. Dr. Jonathan Klein will sign as supervising physician for the nurse practitioners. All other members of the Medical Group will sign as backup supervising physicians. D. The Medical Group will provide professional liability coverage for its members. The Department will provide professional liability coverage for the nurse practitioners and other employees. E. The Department will pay the Medical Group at the rate of two hundred and ten dollars ($210.00) per week on the following schedule: 1. For the months of November and December, the Department will pay an advance amount of one thousand, six hundred and eighty dollars ($1,680.00) by the 30th of November, 1990. 2. For the months of January, February, and March, the Department will pay an amount of two thousand, seven hundred thirty dollars ($2,730.00) by the 31st of January, 1991. 3. For the months of April, May, and June, the Department will pay an amount of two thousand, seven hundred and thirty dollars ($2,730.00) by the 30th of April, 1991. F. This agreement shall run for a period of eight (8) months from the 1st day of November, 1990, to the 30th day of June, 1991, and shall be renewed from year to year thereafter upon written notice executed by both parties. G. This agreement or its renewals may be terminated at any time, without penalty by either party, provided that written notice of such termination is furnished to the other party at least sixty (60) days prior to termination.. In the event of such termination any payment made shall be prorated- to—the date of termination. H. This agreement contains the entire understanding of the parties and shall not be altered,. amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. _._. K _J AGREEMENT Between Orange County Health Department and Orange Family Medical Group, P.A. Page 3 IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below: FOR AND ON BEHALF OF THE ORANGE COUNTY HEALTH DEPARTMENT: Daniel B. Reimer, Director Date: // S 1?D "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Kenneth T. Chavious Finance Director /�- 0:5-- 9 Date: Moses Carey, Chair Board of Commissioners Date: r — 90 FOR AND ON BEHALF OF THE ORANGE MEDICAL GROUP, P.A.: Arthur Axelbank, M.D., President Date: /�6 /y, C - - STATE OF NORTH CAROLINA COUNTY OF ORANGE zewl"-r- //- �-- ?0 CONTRACT RENEWAL THIS CONTRACT RENEWAL, made and entered into this the 1st day of July 1990, by and between The Orange County Health Department, party of the first part, and The University of North Carolina at Chapel Hill for its Department of Pediatrics in the School of Medicine, party of the second part. WITNESSETH: THAT WHEREAS, a Contract has previously existed between the same parties which are parties to this agreement, the subject matter of said existing contract being the provision of services of a nurse practitioner and a pediatrician in the Hillsborough Health Department Clinic and it being dated July 1, 1983, and amended July 1, 1984, July 1, 1985, July 1, 1986, July 1, 1987, July 1, 1988, and July 1, 1989. WHEREAS, a copy of said previously existing Contract is attached to this document and is hereby incorporated by reference as though fully set forth; and WHEREAS, the parties to this agreement desire to continue and renew the relationship set forth in the said previously existing Contract; NOW THEREFORE, in consideration of the mutual promises and agreements and any sums to be paid, the parties agree that the previously existing Contract which has been incorporated by reference herein is hereby renewed and reaffirmed on identical terms and conditions except as set forth below: 1. The term of the Contract will begin on the 1st day of July, 1990, and end on the 30th day of June, 1991. 2. Paragraph #1 of the previously existing Contract dated July 1983, is amended to read as follows: A pediatrician from The University will provide pediatric services in the Health Department's Hillsborough Clinic one half day each week (4 hours) during the contract period. On most weeks this pediatrician will be Dr. Maria Portilla, a Clinical Assistant Professor in the Department of Pediatrics. The half day will be devoted to an adolescent clinic. A fully trained pediatrician will be provided from the staff of the Division of Community Pediatrics on those occasions when Dr. Portilla is unable to attend. During the 3 months from July through September, Dr. IN WITNESS WHEREOF, the parties hereunto signed this Agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF THE ORANGE COUNTY HEALTH DEPARTMENT 464t'�'� Daniel B. Reimer Health Director Date: �C /Z" z Gd FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Len . Tuchi Vice Chancellor, Business and Finance Date: z - - -"a This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth'.T- Chavious Director, Orange County Finance Date: 11 -6,"Ckv Chiairtan, Orange C of Commissioners Date: ii .J -�/d STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN The mange County Health Department Hillsborough, N. C. 0 The University of North Carolina at Chapel Hill for its Department of Pediatrics of the School of Medicine THIS AGREEMENT, made and entered into this the 1st day of July 1983, by and between The University of North Carolina at Chapel Hill, herinafter referred to as "The University" for its Department of Pediatrics in the School of Medicine and the Orange County Health Department, herinafter referred to as "The Health Department." WHEREAS, The Health Department desires to contract with The University for the services of a pediatrician and-other health providers in the Hillsborough Clinic; and WHEREAS, The University, through the Department of Pediatrics, shall provide this service to the Health Department: NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants, and conditions, The Health Department and The University agree as follows: 1. A pediatrician from The University will provide pediatric services in the Health Department's Hillsborough Clinic one half day each week daring the contract period. On most weeks this pediatrician will be Dr. Mary Glenn Fowler, an assistant professor in the Department of Pediatrics. A full trained pediatrician will be provided from the staff of 'the Division of Community Pediatrics on those occasions when Dr. Fowler is unable to attend. In addition to providing direct pediatric services during this period, the faculty member will review the child health activities of the nurse practitioners on the Health Department staff and sign their charts when appropriate. Dr. Fowler and other members of the Division of Community Pediatrics will be available by phone for consultation with the nurse practitioners employed by the Health Department during regular Health Department hours. 2. A family nurse practitioner, Mrs. Betty Compton, clinical assistant professor of pediatrics, will work in the child health clinics in Hillsborough one half day each week. As part of her duties, Mrs. Compton will supervise a pediatric resident who will work in the clinic one half day each week as part of the resident's training experience. 3. Specific duties and dates of service involved in fulfilling this agreement may be negotiated between the Chief of Community Pediatrics, Dr. Frank Loda, and the County Health Director, Mr. Jerry Robinson. 4. In the event the faculty from The University's Division of Community Pediatrics are unable to provide the services required, an effort will be made to provide a replacement from existing Pediatrics Department staff. If such a replacement could not be found, this Agreement would be terminated and payments under this Agreement would be prorated to the date of termination. 5. The Health Department will reimburse quarterly The University's Department of Pediatrics at an annual rate of $8,000.00 for the faculty and nurse practitioner salaries and fringe benefits. 6. This Agreement shall run for a period of 12 months, from the 1st day of July 1983 through the 30th day of June 1984 and shall be renewable thereafter upon written notice executed by both parties. 7. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination any payment due shall be prorated- to the date of termination. 8. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. The Health Department hereby agrees with The University that, in its educational and /or employment practices, The Health Department will comply with such non- discrimination laws as may be applicable to it in the performance of this contract. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF The Orange County Health Department r ZRobinson. Director 6 ate Finance Officer FOR AND ON BEHALF OF THE .UNIVERSITY OF NORTH CAROLINA AT CHAPEL, HILL, Farris W. Womac 4 Vice hanc llor, Business and Finance APPROVED Thomas F. Boat, H.D. , Chairman Department of Pediatrics Da e APPROVED Stuart cndurant, M.D. Dean, School of Medicine Da e APPROVED BY: STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN WAKE COUNTY OPPORTUNITIES, INC. AND THE ORANGE COUNTY HEALTH DEPARTMENT M/ THIS AGREEMENT is made and entered into this the fifth day of November, 1990 by and between Wake County Opportunities, Inc. of Raleigh, N.C., for its Headstart Program referred to as "Headstart "; and the Orange County Health Department of Hillsborough, N.C., for its Dental Clinic hereinafter referred to as "Dental Clinic." WITNESSETH: WHEREAS, Headstart desires the services of the Dental Clinic to provide dental services to the children who are enrolled at the Cedar Grove Center; WHEREAS, The Dental Clinic wishes to provide dental services for Headstart; NOW, THEREFORE, in consideration of the premises and the following mutual promises, covenants, and conditions, Headstart and the Dental Clinic agree as follows: 1. The Dental Clinic will provide dental examination, assessment, treatment, and educational services for approximately sixty (60) children, 3 -5 years old, enrolled at the Cedar Grove Center. 2. The Dental Clinic will assure that its employees and contract officers are covered-with pxnfessional liability insurance while rendering services to the Headstart children. Between Wake County Opportunities, Inc. and Orange County Health Department Page 2 of 3 3. The Dental Clinic will submit a bill in an amount of five thousand six hundred dollars ($5,600.00) to: Health Coordinator Wake — Orange and Chatham Head Start Wake County Opportunities, Inc. 568 East Lenoir St. Raleigh, N.C. 27601 4. Headstart will transport and supervise children to the Dental Clinic in numbers and at times mutually agreed upon by Headstart and the Dental Clinic. 5. Headstart agrees to provide automobile liability insurance during the transport of the children to and from the Dental Clinic; and agrees to hold the Dental Clinic harmless during such transport. 6. Headstart agrees to supply copies of necessary eligibility determination forms, medicaid cards, medical and dental history, and record forms (CAP — H.S. -30) for the Dental Clinic to provide, document and bill for services rendered. 7. Upon receipt of a bill from the Dental Clinic, Headstart agrees to make a check payable to the Dental Clinic of the Orange County Health Department and address it to: Mr. Daniel B. Reimer, Director Orange County Health Department Post Office Boa 8181 Hillsborough, NC 27278 B. In the event that the Dental Clinic shall cease or significantly reduce the level of service below the o.bje.ctives set out in section one (1)- 0-f -the agreement, Headstart may terminate this agreement; and the Dental Clinic agrees to return to Headstart a pro rata share of the payment for services not provided. V- : between Wake County Opportunities, Inc. and Orange County Health department Page 3 of 3 9. This Agreement shall run for a period of one year, from the 1st day of October, 1991 to the 30th day of September, 1992, and shall be renewable thereafter. 10. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least sixty (60) days prior to termination. In the event of such termination, any payment made or payment due shall be prorated to the date of termination. IN WITNESS WHEREOF, The parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF: WAKE COUNTY OPPORTUNITIES, INC. Name: D 4Til: Igo—111 �-� Date: FOR AND ON BEHALF OF: THE ORANGE COUNTY HEALTH DEPARTMENT Arm 157-4.4. J.. Daniel B. Reimer Health Director Date: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T.. Chavious Director, Orange County Finance Date: Moses Carey, Jr. Chairman, Orange County oard Of Commissioners Date: i v ITEMS FOR FOLLOWUP BOARD MEETING DATE: TYPE OF FOLLOWUP NOTES: y4tv,