HomeMy WebLinkAboutAgenda - 12-03-1990r
ORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA
REGULAR MEETING NOTE: BACKGROUND MATERIAL
MONDAY, DECEMBER 3, 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.
A. APPROVAL OF MINUTES
B. RESOLUTIONS OF APPRECIATION AND SPECIAL PRESENTATIONS
1. Shirley E. Marshall
2. John Hartwell
C. OATHS OF OFFICE FOR BOARD MEMBERS
1. Stephen Halkiotis
2. Alice M. Gordon
3. Verla C. Insko
D. BOARD ORGANIZATION
1. Election of Chair and Vice Chair
2. Designation of Voting Delegate for all NCACC and
NACo meetthgs for Calendar Year December 1,
1990 --1991
E. APPOINTMENTS
1. Manager
2. Clerk to the Board
3. County Attorney
4. Board Member Appointments and Other Appointments
(See Abstract)
I. BOARD COMMENTS
II. COUNTY MANAGERIS 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.)
B. 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_commiement to this public charge is observed.
V. ITEMS FOR DECISION -- CONSENT AGENDA
(Any item may be removed for separate consideration)
VI. RESOLUTIONSIPROCLAMATIONS
VII. SPECIAL PRESENTATIONS
r VIII. . PUBLIC HEARINGS
IX. REPORTS
A. Animal Control.1989 -90 Annual Report
B. Report to the Commissioners on Orange County
Health Indicators
C. Culbreth Park
X. ITEMS FOR DECISION -- REGULAR AGENDA
A. Animal Control Civil Penalties
B. Commissioners' Policy and Procedures Manual
C. Examination of Bonds
XI. APPOINTMENTS
XII. MINUTES
XIII. EXECUTIVE SESSION
XIV.
( *) Indicates items that need immediate attention.
281
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MONDAY, DECEMBER 3, 1990
The Orange County Board of Commissioners met in regular session
at 7:3.0 p.m. on December 3, 1990 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, Shirley E. Marshall and
Don Willhoit.
COMMISSIONERS ELECT PRESENT: Alice M. Gordon and Verla C. Insko.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John M. Link, Jr.,. Assistant
County Manager Albert-Kittrell,:Deputy Clerk to the Board Kathy Baker,
Agricultural Extension Director Fletcher Barber, Clerk to the Board
Beverly. Blythe, Housing and Community Development Director Tara Fikes,
Register of Deeds Betty June Hayes, Animal Control Director Elma
Johnson, Director of Personal Health Services Eileen Kugler, and Health
Director Dan Reimer.
NOTE: ALL DOCUMENTS REFERENCED IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
A. APPROVAL OF MINUTES
Motion was made by
Commissioner Halkiotis to approve
Regular Meeting as circulated.
VOTE: UNANIMOUS
Motion was made by
Commissioner Halkiotis to approve
Regular Meeting as corrected.
VOTE: UNANIMOUS
Commissioner Hartwell, seconded by
the minutes for the October 16, 1990
Commissioner Marshall, seconded by
the minutes for the November 20, 1990
BOARD COMMENTS
Commissioner Hartwell told of a funeral held on Saturday for
Walter Rishel who was killed in an automobile accident. He was a
writer. In lieu of flowers, a fund has been set up through the North
Carolina Writers Network. The money will be used to provide
opportunities for other young writers in this area. He encouraged all
those who knew Walt to support others like him in his memory.
B. RESOLUTIONS OF APPRECIATION AND SPECIAL PRESENTATIONS
RESOLUTION FOR SHIRLEY E. MARSHALL
Chairman Carey presented to outgoing Commissioner Shirley E.
Marshall a scrapbook of letters from friends and read the following
resolution:
282
ORANGE COUNTY BOARD OF COMMISSIONERS
HILLSBOROUGH, NORTH CAROLINA
R E S O L U T I O N OF C O M M E N D A T I O N
FOR
S H I R L E Y E. MA R S H A L L
WHEREAS, Shirley E. Marshall was nominated by the Democratic Party
in Orange County to complete the unexpired term of Anne
Barnes in December, 1981, and
WHEREAS,
WHEREAS
she was elected by the voters of Orange County to the Board
of County Commissioners in the General Elections of November,
1982 and November, 1986, and
she was elected by her fellow Commissioners as Chair of this
Board in December of 1986 and December of 1987 and served
in this position until October, 1988, and
WHEREAS, in her position as County Commissioner and as Chair of the
Board of Commissioners, she demonstrated through her poised
and gracious manner, a particular skill and understanding of
those addressing the Board and always provided reassurance
to those who were hesitant or unsure, and
WHEREAS, she further demonstrated during her tenure as Chair ar
uncanny talent for guiding, summarizing and amplifying tl,
perspectives of each Board member, and
WHEREAS, through her boundless energy and keen insight of the problems
of County Government and the concerns of the citizens of
Orange County and with her sincere and impartial judgments
has shown to this Board and to the people of Orange County
a pathway towards better local government, and by her example
has proven to be an inspiration to continue to make Orange
County a good place in which to live, and
WHEREAS, Shirley E. Marshall, since assuming office in December, 1981,
has well served all the citizens of orange County as a member
of this Board and has given freely and unselfishly of her
personal time and efforts to our community and through her
service on numerous community, County and State committees
and councils including the Council on Aging, the Board of
Social Services, Triangle J Council of Governments, Board of
Health, Public Transportation Authority, Transportation
Board, Human Services Advisory Council and the EMS Advisory
Council, has promoted and helped to develop many progressive
changes in all aspects of orange County Government, and
WHEREAS, Shirley E. Marshall, having served nine years as County
Commissioner in Orange County, has decided to channel hr.
efforts toward a new career and pursue other goals in h(-
life and did not seek renomination to this office in the
283
Democratic Primary of 1990,
NOW, BE IT RESOLVED, that the Orange County Board of Commissioners ftk
Shirley E. Marshall for her continued support, cooperation
and promotion of the welfare and safety of each county
citizen and takes action through its members Moses Carey,
Jr., Stephen Halkiotis, John Hartwell and Don Willhoit to
express to Shirley E. Marshall its sincere appreciation and
deep gratitude for her faithful service, and
BE IT FURTHER RESOLVED, that it wishes for her and her family every
happiness in the years ahead and directs this Resolution be
presented to Shirley E. Marshall, with a copy sent to the
press, and the Resolution be spread on the Minutes of this
meeting, this 3rd day of December, 1990.
Motion was made by Commissioner Halkiotis, seconded by
Commissioner Hartwell to adopt the resolution of commendation for
Shirley E. Marshall as stated above.
VOTE: UNANIMOUS
Commissioner Marshall stated it has been wonderful serving on the
Board. She feels the Board is in good hands. She told the Board that
when they feel nobody understands what they are doing, she will
understand and will always support them.
RESOLUTION FOR JOHN HARTWELL
Chairman Carey presented to outgoing Commissioner John Hartwell
a scrapbook of letters and read the following resolution:
ORANGE COUNTY BOARD OF COMMISSIONERS
HILLSBOROUGH, NORTH CAROLINA
R E S O L U T I O N O F C O M M E N D A T I O N
FOR
JOHN HARTWELL
WHEREAS, John Hartwell was nominated by the voters of Orange County
to the Orange County Board of Commissioners in the Democratic
Primary of May, 1986, and
WHEREAS, John Hartwell was elected by the voters of Orange County to
the Orange County Board of Commissioners in the General
Election of November, 1986, and
WHEREAS, John Hartwell has since December, 1986 with great distinction
served the citizens of Orange County as a member of the Board
of County Commissioners, giving freely and unselfishly of his
time and energy and through his foresight and leadership help
promote many progressive changes in the operation of Orange
County Government, and
WHEREAS, John Hartwell has given generously of his time, talent and
284
special knowledge through his service on numerous communit}
County and State committees and councils among which include:`
his having been a delegate to the Triangle J Council of
Government, and a member of the Water Resources Task Force,
Reservoir Task Force, Council on Aging and the Social
Services Board, and
WHEREAS, John Hartwell having served four years in the office of
County Commissioner of Orange County did not seek
renomination to this office in the Democratic Primary of
1990,
NOW, BE IT RESOLVED, that the Orange County Board of Commissioners
acting through, its members Moses Carey, Jr., Stephen
Halkiotis, Shirley E. Marshall and Don Willhoit now take this
means of expressing to John Hartwell its sincere appreciation
and deep gratitude for his faithful service, and
BE IT FURTHER RESOLVED, that it wishes him and his family every
happiness in the years ahead and directs this Resolution be
presented to John Hartwell, with a copy sent to the press,
and the Resolution be spread on the Minutes of this meeting,
this 3rd day of December, 1990.
Motion was made by Commissioner Willhoit, seconded
Commissioner Halkiotis to adopt the resolution of commendation
presented to John Hartwell and stated above.
VOTE: UNANIMOUS
Commissioner John Hartwell stated that it has been an honor to
serve on the Board.
C. OATHS OF OFFICE FOR BOARD MEMBERS (The signed oaths are on
permanent file in the office of the Clerk to the Board)
Clerk to the Board Beverly Blythe administered the oath of office
to reelected Commissioner Stephen Halkiotis.
Register of Deeds Betty June Hayes administered the oaths of
office to newly elected Commissioners Alice M. Gordon and Verla C.
Insko.
D. BOARD ORGANIZATION
1. ELECTION OF CHAIR AND VICE CHAIR
The Board elected Moses Carey, Jr. as Chair until the first
meeting in December, 1991. The vote was unanimous.
The Board elected Stephen H. Halkiotis as Vice -Chair until
the first meeting in December, 1991. The vote was unanimous.
2. DESIGNATION OF VOTING DELEGATE
Motion was made by Commissioner Gordon, seconded by
`4:;.i
Commissioner Halkiotis to designate Commissioner Don Willhoit as the
voting delegate for all the NCACC and NACo meetings for calendar year
1991.
VOTE: UNANIMOUS
E. APPOINTMENTS
I. COUNTY MANAGER
Motion was made by Commissioner Willhoit, seconded by
Commissioner Halkiotis to appoint John M. Link, Jr. County Manager.
VOTE: UNANIMOUS
2. CLERK TO THE BOARD
Motion was made by Commissioner Gordon, seconded by
Commissioner Halkiotis to appoint Beverly A. Blythe as Clerk to the
Board.
VOTE: UNANIMOUS
3. COUNTY ATTORNEY
Motion was made by Commissioner Halkiotis, seconded by
Commissioner Gordon to continue the County's association with the firm
of Coleman, Bernholz, Bernholz, Gledhill and Hargrave for services as
the County Attorney.
VOTE: UNANIMOUS
4. BOARD MEMBER APPOINTMENTS
Chairman Moses Carey agreed to serve as the Commissioners'
representative on the Advisory Board on Aging.
Commissioner Alice Gordon agreed to serve as the
Commissioners' representative on (1) Board of Health, (2) Triangle J COG
as Delegate, and (3) Transportation Advisory Council.
Commissioner Verla Insko agreed to serve as the
Commissioners' representative on (1) EMS Advisory Council, (2) Social
Services Board, (3) Triangle J COG as alternate and JOCCA -Board of
Directors.
Commissioner Don Willhoit agreed to serve as the
Commissioners' representative on the Human Services Advisory Commission.
Chairman Carey announced that all other Commissioner
appointments.would remain the same.
I. BOARD COMMENTS
Commissioner Halkiotis brought to the Board's attention the
situation that OPC is facing with their health care insurance. In order
for Blue. Cross /Blue Shield to continue coverage for the employees at
OPC, 40% must participate. At the present time, 32% are participating.
Commissioner Halkiotis requested that the County Manager look into the
situation. It may need to be addressed at the State level.
County Manager John Link stated that OPC employees are not
considered County or State employees. Because they are a smaller group
of employees, they are of greater risk of higher rates by the health
care entities. It is a statewide issue for those multicounty agencies.
Commissioner Willhoit pointed out that the General Assembly will
be convening very early next year. He suggested that the Board
`.1N.
determine what local bills they want to submit, schedul e
hearing and schedule a meeting with the delegation in early
II. COUNTY MANAGER'S REPORT - NONE
III. ADDITIONS OR CHANGES TO THE AGENDA - NONE
a publi.
January.
IV. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chairman Carey announced that those in the audience who want
to speak to items 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 - NONE
VI. RESOLUTIONS PROCLAMATIONS - NONE
VII. SPECIAL PRESENTATIONS - NONE
VIII. PUBLIC HEARINGS - NONE
IX. REPORTS
A. ANIMAL CONTROL 1989 -90 ANNUAL REPORT
Dan Reimer and E1ma Johnson presented an overview of the
Orange County animal control program activities during FY 1989 -90. In
response to questions from various Board members, Ms. Johnson clarified
some of the statistics included in the report. Figure one demonstrates
the number of animals that the County Animal Control Officers are
actually taking into the animal shelter. Figure two demonstrates the
total amount of animals being taken into the animal shelter. In Orange
County, the animal control officers will pick up 75% of all animals that
are admitted to the animal shelter from their program area. The
remainder come in from other sources.
Commissioner Willhoit asked about the origin of the animals
entering the shelter. Ms. Johnson indicated that Orange County
contributes 48 %, Chapel Hill 17% and Carrboro 7 %. Commissioner Willhoit
feels it important to have these figures by township so that priorities
can be set.
In answer to a question from Commissioner Inskq, Ms. Johnson
explained the procedure that is followed before a pet owner is fined.
Commissioner Willhoit asked that Animal Control identify, by
geographical area, the number of complaints, the number of animals
picked up and number of animals licensed. This data will be used to
support the 1991 -92 budget.
B. REPORT TO THE COMMISSIONERS ON ORANGE COUNTY HEAL'i
INDICATORS
287
Health Department Director Dan Reimer and Director of
Personal Health Services Eileen Kugler presented an assessment of the
County's role in providing public health care services. By the use of
transparencies, Mr. Reimer explained in detail the various statistics
in the report. He reported that the plan of action calls for
assessment, policy development and assurance. He explained these three
concepts as stated in the publication The Future of Public Health.
With regard to the barriers for those not being served, Mr.
Reimer explained that overall the outreach services have been retracted
during the last eight years as federal funding has declined. That
segment of services was cut first. When comparing the staffing patterns
of Orange County with other health department across the County, Orange
County has a community health assistant population ratio worse than the
State average. Outreach is an area that needs to be improved in order
to bring people in or take services out.
C. CULBRETH PARK
Tara Fikes presented a status report on the Culbreth Park
Interim Assistance Grant Program. An integral part of this project is
the participation of the Town of Chapel Hill which is providing second
mortgage funds to lower the cost of the homes to the prospective low and
moderate income buyers.
Motion was made by Commissioner Insko, seconded by
Commissioner Halkiotis to approve the execution of the Development
Agreement between the Town of Chapel Hill and the Culbreth Park
Community Development Corporation substantially in the form of the copy
presented in the agenda and authorize the Chair to sign the document
after approval by the County Attorney on behalf of Orange County.
VOTE: UNANIMOUS
X. ITEMS FOR DECISION - REGULAR AGENDA
A. ANIMAL CONTROL CIVIL PENALTIES
Motion was made by Commissioner Willhoit, seconded by
Commissioner Halkiotis to grant authority to the Animal Control Director
to pursue civil action to recover the costs of unpaid Animal Control
civil penalties and to make periodic reports to the Board regarding
collection actions taken. The following policy was approved:
POLICY FOR THE COLLECTION OF UNPAID CIVIL PENALTIES
Pursuant to Section XXI of the Orange County Animal Control
Ordinance, civil actions may be commenced in the name of Orange
County by the Animal Control Director for the collection of
unpaid penalties.
Violators who have not paid the penalty will be informed that
payment is due and that further legal actions may be taken.
Requests will be taken into consideration for payment over a
period of time by the animal control director if it can be shown
that the person issued the penalty has taken measures to comply
288
to the Animal Control Ordinance. In no event shall the paymer:'
be extended over a period greater than two (2) months.
VOTE: UNANIMOUS
B. COMMISSIONERS' POLICY AND PROCEDURES MANUAL
Chairman Carey presented for discussion the Commissioners'
Policy and Procedures Manual. Two changes were made to the
modifications. The words "except for Public Hearings" was added to Rule
#11. The "Order of Business for Public Hearings" was added before
"Public Charge ". Under "Public Charge" the first "shall" was changed
to "may ". All changes will be incorporated into the manual.
Motion was made by Commissioner Gordon, seconded by
Commissioner Halkiotis to approve the Commissioners' Policy and
Procedures Manual as amended.
VOTE: UNANIMOUS
C. EXAMINATION OF BONDS
Motion was made by Commissioner
Commissioner Halkiotis to approve the
bonds for
G.S. 109 -5 as listed below:
Sheriff
$ 25,000
Register of Deeds
25,000
Finance Director
30,000
Tax Collector.
250,000
All County Employees
250,000
(for faithful performance)
VOTE: UNANIMOUS
Willhoit, seconded by
those officers named in
XI. APPOINTMENTS
Motion was made by Commissioner Willhoit, seconded by
Commissioner Halkiotis to approve the membership of the Human Relations
Commission with the expiration dates as presented.
VOTE: UNANIMOUS
XII. MINUTES -
A motion was made by Commissioner Hartwell, seconded by
Commissioner Halkiotis, to approve the minutes of the October 16, 1990
meeting as circulated.
VOTE: UNANIMOUS
A motion was made by Commissioner Marshall, seconded by
Commissioner Hartwell, to approve the minutes of the November 20, 1990
meeting as circulated.
VOTE: UNANIMOUS
XIII. EXECUTIVE SESSION - NONE
XIV. ADJOURNMENT
With no other items to come before the Board of Commissioners,
289
Chair Moses Carey, Jr. adjourned the meeting. The next regular meeting
will be held on Tuesday, December 11 in Superior Courtroom in
Hillsborough.
Beverly A. Blythe, Clerk
Moses Carey, Jr., Chair
'00�� 10?-d-X
I, REPEAT YOUR NAME,I do solemnly swear (or affirm)'that I will
support and maintain )the Constitution and laws of the United
States,l and the Constitution and laws of North Carolina/ not
inconsir6stent therewith, `and that I will faithfully discharge the
duties `of my office as County commissioner, Iso help me God.
I, REPEAT YOUR NAME,1 do solemnly and sincerely swear (or
affirm)Ithat I will support the Constitution of the United States;f
that I will be faithfull and bear true allegiance to the State of
North Carolina,I and to the constitutional powers and authorities/
which are or may be established for the government thereof;/ and
that I will endeavor to support, maintain and defend/ the
Constitution of said State, Inot inconsistent with the Constitution
of the United States, I to the best of my knowledge and ability;/ so
help me God.
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ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No.
SUBJECT: MINUTES Meeting Date: December 3, 1990
----------------------------------
DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X
-- - -- ----------------------------------
ATTACHMENT(S): UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE
TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill 968 -1501
Mebane - 227 -2031
Durham - 688 -7331
PURPOSE: To correct and /or approve the minutes as submitted for
consideration:
October 16, 1990 - Regular Meeting
November 20, 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.
ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: DECEMBER 31 1990
Action Agenda
Item
SUBJECT: COMMISSIONER APPOINTEES TO BOARDS AND COMMISSIONS
DEPARTMENT: COMMISSIONERS OFFICE PUBLIC HEARING: Yes —X —No
ATTACHMENT(S): INFORMATION CONTACT:
MOSES CAREY, CHAIR, EXTENSION 2130
TELEPHONE NUMBERS:
Hillsborough - 732 -8181
Durham - 688 -7331
Mebane - 227 -2031
Chapel Hill - 967 - 9251/968 -4501
PURPOSE: To appoint individual County Commissioners as Board
representatives to various Boards and Commissions.
BACKGROUND: See attached information on appointments.
RECOMMENDATION:
I
M
BOARDS AND COMMISSIONS ON WHICH BOARD MEMBERS SERVE
AS OF DECEMBER, 1990
MOSES CAREY:
Coordination Consultation Communication Comm. (Ex. Officio)
NACo Health Steering Committee
NCACC Human Services Steering Committee
NCACC Insurance Board of Trustees
NCACC Legislative Goals Committee
Public Private Partnership Board (Ex. Officio)
Transportation Advisory Council Alternate
Youth Needs Task Force
ALICE GORDON:
STEPHEN HALKIOTIS':
Environmental Impact Ordinance Study Committee
Fire Commissioner
0PC Mental Health Board
Recreation and Parks Adv. Council
Rural Character Study Committee
VERLA INSKO:
DON WILLHOIT:
Chatham - Orange Cooperative Planning Group
JOCCA Board of Trustees
Landfill Owners Group
Regional Solid Waste Task Force
Local Emergency Response Planning Committee
NACo Taxation and Finance Steering Committee
NCACC Taxation and Finance Steering Committee
----------------------------------------------------------------
JOHN HARTWELL will continue serving as Chair of the TriJ COG
Water Resources Committee.
SHIRLEY MARSHALL will continue serving as the appointed Orange
County representative on the Research Triangle Regional Public
Transit Authority.
MBRSHIP.DOC
•7
Y
COMMISSIONER APPOINTEES NEEDED
ON THE FOLLOWING
BOARDS AND COMMISSIONS
(December, 1990 - December, 1991)
Board /Commission Usual Meeting Day and Time
Advisory Board on Aging
Board of Health
EMS Advisory Council
Human Services Advisory Commission
Social Services Board
Triangle J COG Delegate*
Tri. J COG Delegate (Alternate)
Transportation Advisory Council
2nd Tuesday, 9:30 a.m.
4th Thursday, 7:30 p.m.
4th Wednesday, Alternating
months (Exception:
12/18/90) Brown -bag
lunchtime meetings
3rd Monday, 7:00 p.m.
3rd Thursday, 9:00 a.m.
4th Wednesday, 6:30 p.m.
Buffet, 7:00 p.m. Meeting
Quarterly or called
meetings -- usually daytime
meetings held at Durham
City Hall
* This delegate also sits on the Executive Committee which holds
a luncheon meeting on each 2nd Wednesday.
NOTE: THIS SCHEDULE ASSUMES NO CHANGES IN CURRENT ASSIGNMENTS
3
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 3, 1990
SUBJECT: Animal Control 1989 -90 Annual Report
1
Action Ag�end�a
Item No. n —A
DEPARTMENT: HEALTH -- ANIMAL CONTROL PUBLIC HEARING: Yes X No
ATTACHMENT(S): INFORMATION CONTACT:
HEALTH DIRECTOR'S OFFICE X ^412
Animal Control Annual Report
TELEPHONE NUMBER:
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane - 227 -2031
Durham - 688 -7331
PURPOSE: To update and inform the Board of Animal Control progress.
BACKGROUND: In 1988, an Animal Control Ordinance was adopted in Orange County.
The intent of the Ordinance is to control and protect animals and
people in general. and to promote responsible animal ownership.
The objective of the County Animal Control program is to
effectively enforce and educate people to the Ordinance in an
effort to address the original needs that prompted the adoption of
the Ordinance.
The Animal Control 1989 -90 annual report attempts to demonstrate
the progress of the program and the improvements made since the
adoption of the 1988 Ordinance.
RECOMMENDATION(S): To receive as information.
i
e0ANGE COUNTY ANIMAL CONTROL
ANNUAL PROGRAM REPORT
FISCAL YEAR 1989 -1990
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PREPARED BY
ELMA RAE JOHNSON
ANIMAL CONTROL DIRECTOR
SEPTEMBER 1990
Page 2
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Page 3
ANIMAL CONTROL FY 89 -90 REPORT
The following narrative is a descriptive account of the
Orange County Animal Control program activities performed
during FY 89 -90.
Figure 6, found on page 9 of this report is a summary of
the activities performed and /or recorded by the Division of
Animal Control and comparisons of the same activities
performed during'previous years.
The information found in the report has been compiled from
Animal Control officer's reports, Animal Control files and
Animal Shelter reports in an effort to provide a more
detailed observation of total program activity.
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ANIMAL IMPOUNDMENT
An important indicator in evaluating an animal control
program and in identifying it's problems, needs and
achievements, is the number and classification of animals
facilitated at it's animal shelter.
Many factors will influence that numbers of animals
facilitated over a period of time,
formula is to expect to facilitate enoughcd gsnanducats
ranging from 7% to 100 of the human populations served.
Using this formula and the preliminary 1990 Census results,
the total number of Orange County animals facilitated equals
a little under 100 of the human population served.
The table below shows the classification and numbers of
domestic animals facilitated at the County Shelter by County
Animal Control officers.
Figure 1 ANIMALS IMPOUNDED BY COUNTY OFFICERS
STRAY
UNWANTED
TOTAL
FY 86-87
1408
1051
2459
FY 87 -88
1551
1258
2809
FY 88 -89
1646
1121
2767
FY 89 -90
1641
985
2626
Figure 1 demonstrates an increase of animals facilitated
during FY 87 -88 followed by a decreasing trend, especially in
unwanted animals.
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Wild animals are not included in the table. Data
pertaining to wild animals are not provided with demographic
source information, however, County officers recorded
impounding 43 sick or injured wildlife this fiscal year.
County Animal Control officers capture or otherwise obtain
approXimately 75k of all Orange County animals admitted to
the Shelter from the program's service areas.
62e are dogs, 35% are cats and the remaining 3 %Aareowildtely
animals and livestock. Comparing these percentages from last
year,dog impoundment has decreased and cat impoundment has
increased.
Orange County specific animal dispositions are not yet
available, however., the Animal Shelter reports disposition_ of
animals facilitated for -the entire county as shown in Figure
2.
Page 5
Figure 2 DOMESTIC ANIMAL DISPOSITION -TOTAL COUNTY
Redemption by owner......
Adoptions..... ••766...12%
Euthanized ......'.........1401...220
TOTAL.... •.........4191...66%
..•...•..........6358..100%
Overall, it appears that the adoption of the 1988 Animal
Control ordinance is beginning to make a
controlling the numbers of animals impounded �and eultimately
euthanized each year in Orange County.
VICIOUS ANIMAL CONTROL
County ordinance defines a vicious animal as an animal
that bites in an unprovoked manner while on or off the owner
property. Registered security dogs are not included in the
definition while on the owners property. s
North Carolina State law requires that all animal bites be
reported within a 24 hour period.
When an Animal Control officer receives a report of an
animal bite inflicted on a human, he /she will
animal for a 10 day period for rabies observation. Thee the
quarantine site is dependent upon the animals rabies
vaccination status, the owner's
the confinement area. the control history and
rabies observation are quarantinedlat4home, animals held for
of
some extent, the County Shelter. The fact that l4v out ,
of o10
animals can be quarantined at home demonstrates a measure of
pet responsibility.
During the quarantine
Will investigate the bite report.
Animal Control officer
the animal bit in an unprovoked mannf it is determined that
that his /her animal has been declared vicious owner
and ordeeredtoed
confine the animal on the property.
to surrender the animal for euthanasia.
not animals are --not adopted. -- -
Animals that have bitten or killed other animals may also
be declared vicious animals and their owners are 0xd -eyed to
restrain -the a -imal on the property.
Ninety three animal bites to humans were investigated this
fiscal year by-county officers, a slight decrease from
Year- As Orange Count
Y has been assisting the Town of last
Page 6
Carrboro with it's Animal Control Program, the Town's bite
investigations are also accounted for.
Of all bites to humans, 835. were inflicted by dogs, 10o by
cats and the remainder by miscellaneous wildlife and pets.
Approximately 1 out of 4 animals that have bitten people
were declared to be vicious animals. Twenty six Vicious
Animal Confinement Orders were issued as a result of bites to
humans this year.. Sixty six additional reports were
received of animals that have attacked livestock and other
animals. As a result, twelve of these animals were declared
to be vicious.
Owners of vicious animals are issued the Vicious Animal
Confinement order which explains the definition of
"vicious ",instructed on how to adequately confine or restrain
the animal and the penalties for failure to comply.
Failure to confine or restrain any vicious animal may
result in the animals impoundment, penalties and /or further
legal actions.
Sixteen penalties were issued this year for failure to
comply to the standards of Vicious Animal Control. Two
criminal cases were pursued, terminating in $225 in penalties
and the surrender of one animal to Animal Control.
RABIES CONTROL
Overall enforcement of the North Carolina Rabies Control
Laws is performed through the Animal Licensing program.
All dogs and cats 4 months of age or older must be current
on their rabies inoculations prior to licensing. To ensure
proper vaccine administration and effectiveness, a
veterinarian's signature is required with each vaccine
renewal.
Improvements in the Rabies Control program (& Animal
Licensing)- includes notifying owner's annually when the
rabies vaccination is due, eliminating the need for owners to
supply the rabies tag. numbers -,--regular updating of individual
animal's rabies data and keeping updated, organized and
retrievable veterinary vaccination certifications. Prior to
these improvements, pet owners had the responsibility of
maintaining personal files of rabies vaccination dates,
rabies certifications and were required to supply rabies tag
numbers prior to licensing their pets.
Page 7
Rabies vaccines administered in Orange County have
increased over 24% since the implementation of the 1988
Ordinance. Fy 89 -90 alone shows an 18% increase aver FY 88-
89 in rabies vaccines being administered to pets.
ANIMAL CRUELTY - MISTREATMENT
A marked increase (49 %) of animal cruelty and mistreatment
reports were investigated this fiscal years over previous
years.
The nature of the reports in general, revealed neglect of an
animal "s basic health care needs, unsanitary and inhumane
confinement, restF.aint and abandonment.
Owners of animals who are in violation receive a notice
noting the violation, what steps much be taken to correct the
conditions, and a deadline in which to comply.
Failure to comply results in, as with other
noncompliances, the animals impoundment, penalties and /or
further legal actions being taken.
t One hundred and ten (110) animal cruelty and mistreatment
reports were investigated this year by County officers.
Sixty four percent (64 %) required a return visit to ensure
compliance to the Ordinance.
Few penalties are issued, as most owners will comply or
will surrender their animals to the officer or at the
shelter. Al
In cases of stubborn non - compliance, the violation is
generally one of the State's Animal Cruelty Laws and court
actions are initiated. Three criminal cases were pursued
this year; two for animal abandonment, one for animal
cruelty_ These cases were successfully prosecuted,
terminating in $250 in penalti -es, payment of a $330 Animal
Shelter bill, Court Orders extending to two years and one ten
day jail term being served for animal abandonment.
t
Page 8
PUBLIC NUISANCE
County ordinance prohibits- animals from running at
large,owners from creating dog packs by not confining dogs in
heat, animals from damaging property,habitually causing noise
problems and animals from attacking livestock, pets and
people. This section of the ordinance is used by the Animal
Control officers to effectively control animal - related
problems and control the animal population. Approximately
80% of all calls for Animal Control services are in reference
to violations of this section of the ordinance.
Animal Control procedure dictates that an Animal Control
officer respond to a call, observe a violation and /or receive
a signed complaint from the citizen and investigate. Most
problems are resolved within a five -day period.
Figure 3 ANIMAL NUISANCE COMPLAINTS
Leash Law violations .......... 1561 .... 82%
Property damage ................ 138 ..... 7%
Animals attacking animals ....... 66 ..... 30
Wildlife/ Livestock ..............22.....1%
Miscellaneous ..................131.....7%
Total ...... ...................1918....100%
Violations of the Public Nuisance section result in a
warning for the first violation and a $25.00 penalty for each
violation thereafter. Animals are captured and impounded at
the Animal Shelter when they are found running at large and
must be redeemed by their owners. Redemption of animals
requires that the owner pay redemption and boarding fees
before his /her pet can be released. Soon thereafter, owners
are officially notified to vaccinate and license their pets,
receive notice of violations and penalties.
Chronic violation- of the Ordinance may result in further
legal actions involving the Hillsborough District Court.
Figure 4 below provides additional detail to the data in
the Summary Activity Report under ENFORCEMENT - EDUCATION.
Figure 4 PUBLIC NUISANCE ENFORCEMENT ACTIVITY
Warnings, notices ........ 260
Penalties ... ............107
Court -ca -ses ...............11
Total ....................378
T
r
Page 9
Eleven Charges of failure to comply to the Public Nuisance
section were pursued, terminating in Orders by the Court to
build fences and the comply to the Ordinance. Over $800 in
penalties were paid.
An additional service is being provided for citizens
experience wildlife nuisance problems. If, after informing
citizens methods of deterring and preventing wildlife damage,
a problem persists, an Animal Control officer will respond to
the complaint, capture and relocate the animal. Injured and
sick animals are euthanized at the Animal Shelter.
ANIMAL LICENSING,'
Dog and cat licenses are issued throughout the calendar
year and are formally tabulated each December. License fees
are collected from dog and cat owners residing in Orange
County and it's municipalities, including that portion of
Chapel Hill in Durham County. The Animal Control office
collects the county fees and the municipalities fees;
therefore, the cost of a license will vary according to a
citizens location of residence.
Numbers of animals licensed increased approximately 100
during the calendar year of 1989 over the calendar 1988 year.
An estimated 12,000 animals will be licensed by December of
1990.
A number of formulas can be used to estimate animal
Populations in and given area and the results can be used to
develop a goal for licensing programs. It is estimated that
20,000 animals licensed is an optimum figure for Orange
Coun -ty and is a goal for the program.
The following table displays the numbers and species of
animals licensed f-rom- 1987 up to ,Tune of 1990.
Figure 5 ANIMAL LICENSES ISSUED
1987 1988 1989 TO 6 -90
DOG
CAT 753.3.. 71.83-
---.... -. - -- . __. _— 842.
2807 3062 3235 --
TOTAL 9000* 964 -9 10,575 10,418 **
* Approximate- from Tax office.
* *34% are unsterile animals.
Page
Citizens are taking advantage of the spay - nueter programs
that are available. During the fiscal year 89 -90, 1348 dogs
and cats were adopted from the Animal Shelter and under
contract to be sterilized.
Over 500 pets were sterilized using the Friends Of Animals
spay - neuter program. This is an increase of 4490 from 1988.
Discussions are currently underway to develop a
cooperative spay- nueter program with local veterinarians.
Proposals for the program should be presented by January of
1992. At that time, an increase in the license fee
differential should be considered.
9/90
ERJ
AC08990
t
PO
L0 r
Page 11
Figure 6
Title: Summary Activity Report of the Orange County Animal
Control Program for FY - '89 - '90
ANIMAL IMPOUNDMENT FY '89 -'90 '88 -'89
'87 -'88
Canine
Feline
1648
1805
1790
Wildlife /Livestock
920
910
992
Injured
45
N/A
60
Total Impounded
57
2670
18
N/A
wildlife Relocated
2733
2848
Animal Rescues
48
22
N/A
N/A
.
N/A
N/A
VICIOUS ANIMAL CONTROL
Bites To Humans
Animal Attacks
93
66
96
117
N/A
N/A
RABIES CONTROL
ACO /Owners Contacted
744
ACO /Non Compliance Notices
529
543
436
Animals Vaccinated
10,708
491
256
Rabies Quarantine
6
9099
8605
Rabies Testing
g
22*
N/A
N/A
Misc Activity
26
28
37
13
3
ANIMAL CRUELTY- MISTREATMENT
r
Investigations
Follow -up Visits
110
74
74
71
N/A
N/A
ENFORCEMENT - EDOCATION
Nuisance Responses
911 Responses
1918 918
719
Permit Inspections
395
N/A
Permits Issued
39
N/A
N/A
Investigations- Consultations
1161
14
N/A
Penalties
1448
1836
Legal Actions
162
323
83
N/A
Educational Presentations
_
33
399-
27. .
�
Misc. Activities
1976
N/A
N/A
636
N/A
t
ANIMALS LICENSED CALENDAR YEAR 1990 _ 1989
Dogs 7183 7513
Cats 3235 3062
Total 10,418 ** 10,575
TOTAL PROGRAM ACTIVITIES 31,396 27,174
*Tests performed county --wide
* *Licenses issued from January to June 1990
r
Page � 2 T
1988
6842
2807
9649
24,519
1AA
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. :LX B
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December .3, 1990
SUBJECT: Report to the Commissioners on Orange County Health Indicators
DEPARTMENT: HEALTH
ATTACHMENT(S):
Orange County Health Department
Community Diagnosis
PUBLIC HEARING: Yes X No
INFORMATION CONTACT:
Daniel B. Reimer, Health
Director, Ext, 2411
TELEPHONE NUMBER:
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane - 227 -2031
Durham - 688 -7331
PURPOSE: To respond to the Board of Commissioners request that the Board of
Health provide statistical information about public health
Problems.
BACKGROUND: In January, 1990, the Board of Commissioners established a goal
to, "assess the County's role in public health care." The Board
also established the following objective: "to make the most
practical and effective use of County resources in providing
public health care." The plan of action called for the following
steps:
A. The Health Board assess, disseminate information (statistical
norms) - October, 1990.
B. Prioritize health problems and develop policy - December,
1990.
C. Assure that health care needs are met - December, 1990.
The Orange County Health Department Community Diagnosis was
completed, based upon data provided by the State Centex- for Health
Statistics. The report compares data relevant to the Orange
County population with that of the State as a whole and highlights
those conditions that deviate the farthest from State -wide norms.
The report is submitted in fulfillment of Step A of the
Commissioners objective. It is intended to be used as background
information for determining the highest priority health problems
in the County.
RECOMMENDATION(S): To receive as information.
...4w ..
�x ■
ORANGE COUNTY HEALTH DEPARTMENT
COMMUNITY DIAGNOSIS
FEBRUARY 1990
r
ACKNOWLEDGEMENTS
The following Orange County Health Department staff
participated in the development of this report:
Marcia Angle, M.D.
Mary Bobhitt- Cooke, MPH
Laurel Bond, MS, RD
Judy Butler, BSN, RN
Katherine Glassock, BSN, RN
Jerry Gregory, BSN, RN
Rebekah Hermann, BSN, RN
William Johnson, BS
Belinda Jones, MPH
Eileen Kugler, MSN, MPH, RN
Emily Mauney, BSN, RN
Ona Pickens, BSN, RNC
Kathleen Visintine
We wish to acknowledge the assistance of the following
graduate students from the Department of Health Behavior
Health Education, UNC School of Public Health:
Adrian Menapace
Kelley Roodhouse
Juliette Siegfried
Marieke Van Willigen
Edna Viruell
2a
C
ORANGE COUNTY HEALTH DEPARTMENT
COM1`1UNITY DIAGNOSIS
FEBRUARY 1990
TaELI± OF CONTENTS
Pa'Ie
Demograpl-lic and Socioeconrirlic Description
of Orange County
Total Population
Migration 1
Family Household Characteristics 2
Non - Family Households 2
Age, Race and Gender 3
Dependency Rates 5
Income and Poverty
5
Analysis of Health Data
Pregnancy and Prenatal Care
Abortion
6
Unwanted or Unplanned Pregnancies in the
7
School Age Population
Pregnancy Outcome
10
Sexually Transmitted Diseases
11
Children
16
Mortality
17
Obesity and Nutrition
2
Sedentary- Life Style
27 7
Hypertension
?7
High Blood Cholesterol
48 28
Smoking
28
Injury Prevention
29
Community Behavior Grids
Increasing.Numbers of Unwanted Pregnancies
30
Inadequate Prenatal Care Among Nonwhite Women
31
Heart Disease /Cerebrovascular Disease
32
Prioritization of Health Needs
Community Health Needs
Legislative Needs
33
Long Range Issues
34
Desk Top Needs
35
36
3
S
C.
ORANGE COUNTY HEALTH DEPARTMENT
COMMUNITY DIAGNOSIS
FEBRUARY 1990
DEMOGRAPHIC AND SOCIOECONOMIC DESCRIPTION OF ORANGE COUNTY
TOTAL POPULATION
The total population of Orange County in 1986 was 84,729 of
which 47.4 was male and 52.55; was female. 81.4 of the population
was white and 19.06 non -white compared to 76% white and 24`� non-
white in North Carolina. (See Table 1)
TABLE 1
1986 POPULATION OF ORANGE COUNTY AND NORTH CAROLINA
TOTAL POPULATION
All Race - Male
Female
White Male
Female
Nonwhite - Male
Female
ORANGE COUNTY
Y
T►
O
"O
40,181
47.40
44,548
52.50
32,888
38.8%
36,101
42.60
7,293
8.60
8,447
10.0%
Source: Donnelly Demographics, 1987
1
NORTH CAROLINA
r,
=�
3,042,155
48.10
3,298,133
52.0%
2,324,019
36.70
2,473,816
39.76
718,136
11.3;
815,317
12.90
4
MIGRATION
The f,-percent of --han-,e in the .ldticon.
�o n
There has been appro:�iriately a 25.7- (h -te 25,. E n r, ite
wl,
_0 � ir:- mi�_;ratic,r. for Crar.g� County `roil 1970 tr_, 19gp, ,_ = ,r�Pared
t 7.9: (t,h,it.c� '.8 {
- nrntihitw 8.1) fc:,.: Ncrth Carolina. This
indicates that [)range County has a high in- rigration of
)i r- u'atiftn, %;�:ich the ral,i,d growth in the fiesrarc-_h Triangle Park
shu�:ld _ _;ritir:ue tr.' promote through the 1990's.
FAMILY HOUSEHOLD CHARACTERISTICS
There were approximately 16,871 farrilips in Orange County,
with 8,436 of these families having children of their own under 18
rears of age. (See Table 2)
TABLE 2
POPULATION BY FAMILY TYPES FOR
ORANGE COUNTY
5
'
MIGRATION
The f,-percent of --han-,e in the .ldticon.
�o n
There has been appro:�iriately a 25.7- (h -te 25,. E n r, ite
wl,
_0 � ir:- mi�_;ratic,r. for Crar.g� County `roil 1970 tr_, 19gp, ,_ = ,r�Pared
t 7.9: (t,h,it.c� '.8 {
- nrntihitw 8.1) fc:,.: Ncrth Carolina. This
indicates that [)range County has a high in- rigration of
)i r- u'atiftn, %;�:ich the ral,i,d growth in the fiesrarc-_h Triangle Park
shu�:ld _ _;ritir:ue tr.' promote through the 1990's.
FAMILY HOUSEHOLD CHARACTERISTICS
There were approximately 16,871 farrilips in Orange County,
with 8,436 of these families having children of their own under 18
rears of age. (See Table 2)
TABLE 2
POPULATION BY FAMILY TYPES FOR
ORANGE COUNTY
AND NORTH CAROLINA IN
1980
FAMILY TYPES
ORANGE
COUNTY
NORTH CAROLINA
%
y
rr
o
'Married Couple Family
With own children
6,733
39.9%
663,945
41.9%
[Without own children
7,058
41.80
637,403
40.30
Male Household
With own children
188
1.10
18,279
1.20
Without own children
385
2.3%
30,815
2.0%
Female Household
With own children
1,515
9.0%
130,337
8.2%
Without own children
992
5.9%
102,711
6.5%
TOTAL FAMILY
16,871
100.0%
1,583,490
100.0%
Source: 1980 Census of Population
and Housing, General
Characteristics and
Persons
I
A
NO'S- FAMILY HOUSEHOLDS
C:
�1ost r,f the far.;ily households in North Carolina and Orange
County are maintained by married couples, though a considerable
percent are maintained by wornen alone, and a very small percent by
single men alone. The majority of rlopulation in North Carolina
and Orange County live in families but a considerably percentage,
22. u, of North Carolina population and ,Q . _, ,: of Orange Cour,t\
iDoPulation, do not lire in family households. Other types -f
households may include dormitories, shared quarters, convents and
others.
AGE, RACE AND GENDER
The trend observed in the two years 1980 and 1988, is that a
larger percentage of nonwhites falls below age 20 and above age
50, which means that a larger percentage of nonwhites are of
nonworking age, compared to the percentage of whites of nonworking
age. (See Table 3)
TABLE 3
PERCENTAGES OF WHITES AND NONWHITES PER AGE GROUP
Orange County 1980
Age a whites % Nonwhites
<9 27.5% 33.0%
20 -50 55.3% 41.0%
50 -60 7.0% 9.1%
60+ 10.2% 16.80
Orange County 1988
r Whites % Nonwhites
<9 24.8% 31.80
20 -50 56.4% 47.3%
50 -60 7.0% 7.4%
60+ 11.8% 13.4%
(Source: 1980 Census of Population, 1981)
3
C.
From the table below (Table 4) one can see that there are
riore 1-fDUr,ger men and riche older women in both racial gz "oUp5:„ This
means that there are more alder r.ien in general, the implications
of this being that mane older c,omen may be widowed.
TABLE 4
Orange County 1980
PERCENTAGES OF MALES AND FEMALES BY RACE AND AGE
Whites
A of Males
0 - 14 15.580
15 - 25 28.85%
26 -- 50 38.82%
50+ 17.00%
Total 100.00%
Nonwhites
Age
% of '.dales
0 - 14
22.85%
15 - 25
21.47%
26 = 50
36.60%
50-
19.10%
Total
100.00%
(Source: 1980 Census of Population, 1981)
4
of Females
13.44%
30.38%
35.77
30.12 %
100.000
of Females
18.71
23.25%
35.580
22.31%
100.00%
C-
DEPENDENCY RATES
8
Dependency ratio is the ratio of the sum of the population
r r." and under 15 to the total population. In Orange County in
C-,611 residents were over the age of 65 ( 8. 2�� of the total
1-10Pulation) and 12,724 children were under the age 15 (15.7`:. of
the t:_twl population). Thus the dependency ratio is 19,335 t: -)
a)= F- 11— Oximately 1 : 4 . 2 ) and the dependency percentage .s
for the population.
By comparison, 11.1`0 of the population of North Carolina in
1984 was ever the age 65 and 21.3 < -, was under the age of 15; the
dependency ratio was approximately 1:3.0 and the dependency
POr,ulatlon percentage was 33.4`<.
The higher the dependency population percentage, the greater
the government burden. Therefore, the Orange County government
burden is lower than that of :worth Carolina.
INCOME AND POVERTY
Median family income for Orange County in 1983 was 519,305
per year compared to $16,792 per year for the state. While it
appears that the county is above average for income for the state,
these figures are somewhat misleading. The affluence of southern
Orange County greatly distorts the data. The 1980 census showed
the median income in Chapel Hill to be 521,803, while in
Hillsborough and Carrboro, the median family incomes were $14,929
and $12, 558 respectively.'
The 1984 unemployment rate for Orange County was 3.4 as
compared to the rate of the state (6.7) and the country (7.5).
While this figure appears impressive, there are still 15.2% of the
population in Orange County below the poverty level. In the 1980
census, Carrboro had the highest percentage below the poverty
level at 27 %. The census also showed that 20% of the nonwhites
living in the county were below the poverty level compared to 120
of the whites in the county.
5
ANALYSIS OF HEALTH DATA
E
PREGNANCY AND PRENATAL CARE
On the whole, the pregnancy rate in Orange County
was 16 lower than that of the state of North Carolina
during the year 1988 (O.C. - 72.4; N.C.- 86.1),
However, when these rates are stratified by race, it
becomes clear that the lowered total rate is affected by
the white, female population in the county. The
nonwhite population has a pregnancy- rate approximately
14% greater than that of the total nonwhite population
in the state. The pregnancy rate of nonwhite women in
Orange County is over twice that of white women-in the
county. (Nonwhite - 129.0; White - 60.0). Therefore,
not only are nonwhite women in Orange County
experiencing a pregnancy rate significantly higher than
white women within the county but also significantly
higher than other nonwhite women in the state.
(Table 5)
When these pregnancy rates are further stratified
by age, it becomes clear, however, that Orange County
rates are not uniformly lower than the state. Pregnancy
rates for women 15 -24 are 520 less than that of the
state, and the rates for women 25 -44 are over twice that
of the state. The teenage pregnancy rate (15 -19 years
of age) is 46% lower than that of the state. However,
the rate for ages 10 -14 is higher than the state
(O.C. - 4.2; N.C. - 3.7) (See Table 6)
Women, overall, in Orange County are more likely to
receive adequate prenatal care than are women in North
Carolina as a whole. (1988 statistics - Inadequate
care: O.C. - 20.5; N.C. - 28.7; No care: O.C. - 1.4;
N.C. - 1.6). However, nonwhite women in Orange County
are moxe. likely to receive no p- renatal care than are
nonwhite women in the state as a whole. Additionally,
over 40% of nonwhite women in Orange County do not
receive adequate prenatal care. This is a very.serious
problem and could be expected - -to have a significant
impact on pregnancy outcome and maternal health among
nonwhite women. This. identifies nonwhite women- as a
Population at risk.
11
ABORTION
10
The rate of abortion in Orange County during the
year 1988 was s:i.gnificantly higher than that of the
state. (O.C. - 311.5; N.C. - 11.1; 36. differential).
As is the case with the pregnancy rate, when these rates
are stratified by age, the abortion rate among women
25 44 is higher than that Of the state while the rate
for those age 15 -24 is lower. How-ever, of those women
in Orange County ages 15 -19 who became pregnant,
approximately 69% chose abortion in 1988 as compared to
40% of teens ages 17-19 in the state. The difference
might be explained by an overall higher education and
socioeconomic level among women in the county,
particularly in Chapel Hill, as compared to the state
and differences in future plans among these groups.
(See Tables 5 and 6)
In evaluating the statistics of abortion in Orange
County the abortion rates and abortion fractions were
looked at. The abortion rate is defined as the number
of induced abortions per 1,000 women of reproductive
age. The abortion fraction is the number of induced
abortions per 1,000 reported pregnancies. In looking at
the abortion fraction, Orange County is higher in all
age groups in comparison to the state. This is a
significant indicator of the high number of unwanted
pregnancies in the county.
When stratifying these rates by race there is a
greater likelihood that a nonwhite woman will choose
abortion than a white woman. The higher rate of
abortion may be at least partially related to the higher
rate of pregnancy among nonwhite women. (See Tables 5
and 6)
Fi
r.
11
TABLE 5
TOTAL PREGNANCY, ABORTION RATES AND ABORTION
FRACTIONS BY RACE, 1988
For Women Age 15 - 44
Orange County 'north Carolina
Pregnancy Rates (1)
Total 72.4 86.1
White 60.0 75.9
Nonwhite 129.0 113.5
Abortion Rates (2)
Total 31.5 23.1
White 23.6 18.2
Nonwhite 66.2 35.7
Abortion Fractions (3)
Total 435.5 268.2
White 393.7 240.2
Nonwhite 513.1 314.6
(Source: Orange County Data Book 1989)
1
C
TABLE 6
PREGNANCY, ABORTION RATES, AND ABORTION
STRATIFIED BY RACE AND AGE, 19
Pregnancy, Abortion Rates and Abortion
By Race for Teenage Women Age 15
Orange Count
FRACTIONS
98
Fractions
- 19
North Carolina
Pregnancy Rates
Total
53.6
100.4
White
40.3
80.2
:nonwhite
104.1
147.0
Abortion Rates
Total
37.2
40.1
White
31.1
34.7
Nonwhite
58.5
51.7
Abortion Fractions
Total 693.7
White 773.0
Nonwhite 561.9
(Source: Orange County Data Book, 1989)
399.5
433.1
351.8
12
C:
131
UNWANTED OR L \7PLANjNED PREGNANCIES IN THE SCHOOL AGE POPULATION
Pregnant teens are followed by their school nurses in the
Public schools to ensure adequate medical care and to provide
assistance and support. Pregnancies known to school nurses and
their dispositions follow:
TABLE 7
ORANGE COUNTY SCHOOLS
184 -185 39 total pregnancies (OHS -291 Stanford -9, Stanback -1)
'85 -'86
31
total
pregnancies
(OHS -26,
Stanford -5)
'86 -'87
24
total
pregnancies
(OHS -20,
Stanford -3, Stanback -1)
'87 -'88
33
total
pregnancies
(OHS -28,
Stanford- 4,Elementary -1)
'88-'89
37
total
pregnancies
(OHS -32,
Stanford -5)
CHAPEL HILL /CARRBORO SCHOOLS
'82-'83
17
total
pregnancies
(CHHS -11,
Phillips -3,
Culbreth -3)
'83-'84
21
total
pregnancies
(CHHS -15;
Phillips -2,
Culbreth -4)
'84 --185
16
total
pregnancies
(CHHS -14,
Phillips -2)
'85 -'86
15
total
pregnancies
(CHHS -11,
Phillips -3,
Culbreth-1)
'86`'87
23
total
pregnancies
(CHHS -17,
Phillips -3,
Culbreth --2)
'86 -'88
14
total
pregna6cies -
'88-'8'9
21
total
pregnancies
(CHHS -15,
Phillips -3,
Culbreth-3)
During 1988, the rate of abortion in Orange County was
significantly higher than that of the state. Of the 37 known
pregnancies in the Orange County Schools during 188 -189, 11 are
known -to-- -have -- t-e-rminated their pregnancy.
314 students were enrolled in the family planning clinic at.
the Orange County Health Department from 7 -88 through 6 -89. 240
of these were also followed at school by their school nurse to
provide health counseling and thereby improve method compliance.
Many of these students consume considerable nursing time. Of
the 37 pregnancies identified in the Orange County schools for
'88 -'89, 12 dropped out of school by the end of the school year.
9 n
t
14
PREGNANCY OUTCOME
The birth rate in Orange County in 1988 was 12.7
and 15.0 in forth Carolina. There has been a steady
increase in the live birth rate from 1983 -1988 in Orange
County. (See Table 8)
There has been a pattern of decline and then a
steady increase in the rates of premature birth in the
county, although this is not so at the state level.
Overall, Orange County's rate of premature birth is
lower than that of the state. However, nonwhite women
in Orange County are more likely to give birth
prematurely than nonwhite women in the state (O.C. -
13.8; N.0 . - 12.1). (See Table 9)
The fetal death rate in Orange County for 1988 was
12.3 as compared to 8.9 for the state. Currently the
fetal death rate for nonwhite women in the county is
over twice that of nonwhite women in the state. (O.C. -
30.2; N.C. - 13.4). Although white women in Orange
County have rates lower than the state, the total rate
for Orange County is higher than that of the state due
to the great disparity among nonwhite women at the state
and county level. (See Table 10)
The 1990 Health Objectives state that no county
should have over 12 infant deaths per 1,000 live births.
The total rate in 1988 was 10.6 compared to a state rate
of 12.6. Despite a steady decline on the county level
an increase in infant mortality did occur between 1987
and 1988. This increase has been seen on the state
level for the past three years which has been a
concern in North Carolina. (See Table 11) growing
151
TABLE 8
LIVE BIRTHS
ORANGE COUNTYMORTH CAROLINA
1980 -88
ORANGE COUNTY
Total White Nonwhite
Year # Rate # _ Rate # Rate
1980
906
11.8
692
11.1
214
14.7
1981
905
11.,7
681
10.8
224
15.3
1982
906
11.5
677
10.7
229
15.2
1983
854
10.7
639
9.9
215
14.0
1984
962
11.9
741
11.3
221
14.4
1985
997
12.1
776
11.7
221
13.7
1986
1016
12.0
765
11.1
251
15.9
1987
1100
.12.8
850
12.1
250
15.9
1988
1128
12.7
839
11.6
289
17.7
NORTH CAROLINA
12
Total
White
Nonwhite
Year
Rate
Rate
Rate
1980
14.4-
12.9
19.1
1981
14.1
12.6
18.6
1982
14.3
12.8
18.7
1983
13.8
12.6.
17.5
1984
13.9
12.8
17.6.
1985
14.3
13.2
17.6
1986 -
- 1 -4.3
12.E - - -_
1987-
14.6
13.1
1911
1988
15.0
13.4
20.2
12
16
TABLE 9
PREMATURE BIRTHS
ORANGE COUNTY /NORTH CAROLINA
1980-88
ORANGE COUNTY
NORTH CAROLINA
Total
Total
Nonwhite
White
Rate
Nonwhite
Year
#
Rate
6.1
Rate
#
Rate
1980
67
7.4
34
4.9
33
15.4
1981
63
7.0
36
5.3
27
12.1
1982
64
7.1
29
4.3
35
15.3
1983
57
6.7
32
5.0
25
11.6
1984
62
6.4
44
5.9
18
8.1
1985
64
6.4
42
5.4
22
10.0
1986
67
6.6
38
5.0
29
11.6
1987
80
7.3
48
5.6
32
11.8
1988
86
7.6
46
5.5
40
13.8
NORTH CAROLINA
(Source: North Carolina Vital Statistics, 1980 -87. Volume 1
Orange County Health Book, 1989)
13
Total
White
Nonwhite
Year
Rate
Rate
Rate
1980
7.9
6.1
12.0
1981
7.9
6.0
11.8
1982
8.0
6.0
12.1
1983
7,9
5.9
12.1
19"
7.8
6.1
11.7
1985
7.9
6.0
12.2
19.86
11.E --
- -- - -- fi.i - --
- - 11.8
1987
7.9
6.0
12.0
1988
8.0
6.1
12.1
(Source: North Carolina Vital Statistics, 1980 -87. Volume 1
Orange County Health Book, 1989)
13
171
TABLE 10
FETAL DEATHS
ORANGE COUNTYMORTH CAROLINA
1980 -88
ORANGE COUNTY
NORTH CAROLINA
Total
Total
Nonwhite
White
Rate
Non_ White
Year
#
Rate
#
Rate
#
Rate
1980
1981
11
12.0
6
8.6
5
22.8
1982
11
8
12.0
8.8
4
5
5.8
7
30.3
1983
6
7.0
5
7.3
7.8
3
1
12.9
1984
5
5.2
4
5.4
1
4.6
4.5
1985
1986
6
15
6.0
14.7
2
5.7
4
14.2
1987
8
7.2
7
6
9.1
7.0
8
2
31.8
1988
14
12.3
5
5.9
9
7.9
30.2
NORTH CAROLINA
(Source: North Carolina Vital Statistics, 1980 -87. Volume 1
Orange County Health Book, 1989)
14
Total
White
Nonwhite
Year
Rate
Rate
Rate
1980
10.3
8.2
14.7
1981
10.2
8.1
14.6
1982
9. -9 -.
8.4
13.2
1983
9.7
7.8
13.8
1984
8.8
7.7
11.3
1985
8.6
7.2
11.8
1986
-&:8- -- - - -- - --
_ ... - -
- 7 -.1
12.5
1987
8.6
7.4
11.3
1.988
8.9
4.7
13.4
(Source: North Carolina Vital Statistics, 1980 -87. Volume 1
Orange County Health Book, 1989)
14
18
TABLE 11
INFANT MORTALITY
ORANGE COUNTYMORTH CAROLINA
1980 -88
ORANGE COUNTY
NORTH CAROLINA
Total
Total
Nonwhite
White
Rate
Nonwhite
Year
#
Rate
#
Rate
#
Rate
1980
16
17.7
6
8.7
10
46.7
1981
15
16.6
7
10.3
8
35.7
1982
10
11.0
6
8.9
4
17.5
1983
7
8.2
4
6.3
3
14.0
1984
12
12.5
5
6.7
7
31.7
1985
13
13.0
8
10.3
5
22.6
1986
12
11.8
8
10.5
4
15.9
1987
10
9.1
8
9.4
2
8.0
1988
12
10.6
9
10.7
3
10.4
NORTH CAROLINA
(Source: North Carolina Vital Statistics, 1980 -87. Volume 1
Orange County Health Book, 1989)
15
Total
White
Nonwhite
Year
Rate
Rate
Rate
1980
14.4
12.1
19.4
1981
13.2
10.7
18.3
1982
13.7
10.9
19.6
1983-
14.0
10.5
19.1
1984
12.5
10.0
18.2
1985
12.0
9.5
17.5
1986-
_...11.Tr
9.3
16.6 - -- -
1987
12.1
9.6
17.6
1988
12.6..
9.6
18.7
(Source: North Carolina Vital Statistics, 1980 -87. Volume 1
Orange County Health Book, 1989)
15
SEXUALLY TRANSMITTED DISEASES
Sexually transmitted diseases contribute the greatest number
of cases among all communicable diseases. The rate of syphilis in
the county in 1987 was 0.9 per 10,000 people while the rate of
gonorrhea was 18.2. However, although they do contribute a
relatively large number of cases which are potentially
preventable, it is important to recognize that the rate of
syphilis and gonorrhea in Orange County is significantly lower
than that of the state (N.C.; Syphilis - 2.6; Gonorrhea - 46.6)
(Pocket Guide, 1989) The increasing incidence and prevalence of
gonorrhea, herpes and chlamydia is suggested by the increasing
requests for OCHD services in these areas. (See Table 12)
TABLE 12
GONORRHEA
86 -87
87 -88
88 -89
89 -90 (6 mos)
No. done
No. positive
1,766
1,780
11810
870
o positive
86
4.8%
71
4%
50
24
3%
2.8%
HERPES
No. done
No. positive
CHLAMYDZA
No.. done
No. positive
positive
33
11
29
1
24
9
359
57
160
47
11
647
69
11%
Source; Orange County Health Department Clinic Data
16
38
10
455
55
120
19
4
C
20
CHILDREN
It is estimated that
Population is in the 5 -19
or 10,796 of these people
18,339 or 20.730
year old range.
attend the public
of Orange County's
Approximately 58,,
schools.
1073 or 9.80 of the students attending the public
schools in Orange County are known to have a chronic disease
or significant health problem. Many of these children have
multiple health problems. All these children are served in
the public schools with many of them requiring extensive care
such as catheterization, physical therapy, blood sugar
monitoring, etc. These estimates are lower than the actual
statistics since the numbers reported are largely of those
students who return health information forms at the beginning
of the school year. Many students with health problems do
not return health forms and remain unknown to school nurses.
In the United States, by the age of 10, 30 -600 of the
Population will exhibit at least one risk factor for heart
disease. Evidence indicates that children are becoming more
sedentary, fatter, and less fit. Childhood obesity is a
prevalent and serious nutritional problem in the U.S.
affecting 20 -30% of all children. From 1963 -1980, there was
a 54% increase in the prevalence of obesity among children
ages 6 -11 and 39% rise in obesity among adolescents ages 12-
17. 18.25% of all adolescents in Orange County are obese.
In its biannual community diagnosis in 1988, the OCHD
identified adolescent obesity as a potential health concern
for future intervention. Almost 25% of America's population,
including teachers, attend - school daily. Schools could
provide an ideal setting for nutrition and fitness education
and intervention.
Adolescents are particularly vulnerable to poor nutrient
intake due to the changes in lifestyle and the increased
nutrient needs that occur simultaneously. Increased
independence, social activities, busy schedules and pee -r
pressure determine what is eaten. Adolescents are
particularly conscious of their bodies and concerned about
their appearance. Habits developed during adolescence can
affect future health. Achieving maximum bone
adolescence and in the twenties can reduce the risk -of
developing osteoporosis late in life.
It is estimated that in the United states 30 -60% of teem_
girls are dieting whether they are overweight or not. Most
adolescent dieters do not receive dietary advice from a -
professional. They usually follow self - prescribed ,diets. _ --
17
c-
21
During 1987, 98 cases of child abuse or neglect were
substantiated in children and adolescents ages 0 -17 in Orange
County. According to the I.C. Child Advocacy Institute,
Orange County ranked 90th in the state for reported cases.
12.58% of children aged 0 -17 live at or below the
poverty level. (See Table 13) Approximately 2,050 of Orange
County public school students receive free or reduced rate
lunch and /or breakfast. 20,492 breakfasts and 102,979
lunches are served in an average month in the Orange County
public schools. Eligible public school students receive
$8500 /year in school health funds for dental care.
The rates of death among young people under the age of
20 in Orange County by accident, both motor vehicle and
other, are 32% and 85% lower than the state respectively.
However, the suicide rate is 22% higher than that of the
state.
In the fall of 1987, the North Carolina Alcohol and Drug
Defense Program, a Division of the N.C. Department of Public
Instruction published the results of a student survey it had
conducted in grades 7 -12 in public schools statewide.
- 6 of 10 students reported having used alcohol at least once
1 in every 3 students reported alcohol use in the month
preceding the survey
- More than 1 in every 5 students reported smoking tobacco in
the month preceding the survey
More than 1 in 10 reported using smokeless tobacco
4 in every 10 reported having used marijuana or hashish at
least once
15% reported marijuana or hashish use in the month
preceding the survey
8% reported marijuana or hashish use on school grounds
Less than 1 in 10 students reported using cocaine or crack
- 2.55% reported cocaine use in the month preceding the
survey _
- Males reported more drug-use than did--females
- Blacks reported less drug use than did whites or American
Indians
- Drug use in urban areas was greater -than_ in rural areas_
N.C. high school seniors. exceeded national averages verages far
marijuana and inhalant use, but were -below national_
averages for other drugs, including tobacco
18
22
Communicable disease control for the county is maintained partially
by the verification that all students enrolled in public schools or
daycare are in compliance with North Carolina immunization laws. 6302
records of public school students were verified during the '88 -'89 school
year. A measles outbreak in early 1989 necessitated additional
verification of immunization status and repeat inoculations. The number
Of measle cases for Orange County was limited to 1 UNC student who was
apparently exposed outside of Orange County. 1616 immunization records
for children in daycare were also verified.
In Orange County there are 2 public school systems, the Orange
County Schools and the Chapel Hill /Carrboro City Schools. The Orange
County system serves the northern part of Orange County which is largely
rural. The lack of a transportation system and the absence of specialty
medical providers means students in Northern Orange have limited access
to health care. The Health Department is relied upon heavily. The
Orange County School system is composed of:
4 elementary schools
2 middle schools (1 for grade 6, 1 for grades 7 & 8)
1 high school
The Chapel Hill /Carrboro system serves the more urban, southern
Orange area. In addition to an extensive
the southern Orange area has not only a major lmedical scenter lbutsaslarge
number of medical providers and medical specialists. The Chapel
Hill /Carrboro system is composed of:
6 elementary schools
2 junior high schools
I high school
10,796 students are currently enrolled in the two school systems.
(Orange-County 5,031 and Chapel Hill /Carrboro 5,765). Both systems are
experiencing incredible growth. In the last 3 years, Chapel
Hill /Carrboro enrollment has increased by 600. A new elementary school
is scheduled to open-in _the Orange C_Otty--syst-em_ in 1991. Another
elementary or middle school is planned for the system in 1995. Both
systems are expected to require an additional
years. Meeting the increasing medical needs of1thesehstudentshisnant few
increasing challenge.
19
C.
23
There is great need for corip rehensi�-e health ducatic:n,
counseling, and r.�
expanded health services in all schools to
address these problems and enable children to react, their
0 P t i m a 1 level of physical, social and emotional well- being.
Schools tyave a I.,rofound capacity to influence the health of
our children. Health promotion activities must include both
sE" -Vices and health education. It is felt by health
Officials that 67 of 727 Health Objectives for the Nation for
1990 can be directly attained by the schools if comprehensive
school health programs that effectively deal with these needs
are developed.
TABLE 13
12.85% of children in poverty
Compared to N. C.
Low
46.35% poor children receiving AFDC Average
g
63.22% of working mothers with
children under 6 years old Average
1'0.4% High school drop out rate High
411
C.
mr1RTAT TTV
24
The mortality rate in Orange County is below that of the
state and has been declining fairly consistently over the
past three years. (1988 C.C. - 5.72; N.C. -8.88) (Table 14).
There is, in fact, only one county in the state, Northampton,
which has a lower mortality rate. This, combined with the
increasing birth rate and migration, ma,, - e\plain the enormous
growth in population in the county over the past three years.
A discussion of the population growth is presented in the
section on socio- demographic factors.
when disease specific mortality rates are stratified by
age, it becomes evident that young people in the county .
generally fair much better than in other parts of the state.
The rates of death among young people under the age of twenty
in Orange County by accident - both motor vehicle and other -
are 32% and 85% lower than the state respectively. The rate
of congenital anomalies is also lower than the state within
this age group (O.C. - 8.90; N.C. - 14.390) However, the
suicide rate is 22% higher than that of the state (O.C. -
3.58; N.C. - 2.80). (See Tables 14 and 15)
Among people ages 20 -64 Orange County experiences
a significantly lower rate of heart disease and
cerebrovascular disease. (Heart Disease - 51% difference;
CVD - 63% difference) However, orange County is
significantly above the year 2000 target objective of deaths
from cerebrovascular disease (O.C. - 28.6/100,000; Year 2000
objective 16.2/100,000). In addition, the rates of all forms
of cancer are lower than those at the state level. People
ages 65 and over generally experience the same death rates as
at the state level. The only exception is pancreatic cancer
which has a greater death rate in Orange County (O.C. - 83.73;
N.C. - 58.64). It is unknown at this point what factors bring
about this discrepancy. (See Tables 14 and 15)
When these rates are age - adjusted and stratified by race
and sex, a gene -r-a -1 pattern of disparity between white and
nonwhite rates is evident. Furthermore, the overall
mortality rate and the majority of cause specific rates among
white women are significantly lower than nonwhite women as
well as white and nonwhite men. The only exceptions are
death due to breast cancer, chronic pulmonary disease, and
suicide, in which white women surpass nonwhite women.
Suicide is of particular concern because, even after age
adjustment, women in Orange County have a higher rate than do
women in the estate. (O.C. - 8.2; N.C. - 5.7)
21
C:
a
25
V
The total mortality rate for septicemia the county is
significantly higher than that of the state
(0-C. -9.1; X.C. - 5.4). This increase is evident across
both sexes and race groups; however, the greatest disparity
between the county and the state lies among nonwhite males
(O.C. - 26.1; ',\.C. - 12.5). Further exploration is needed to
define the extent of the problem and occupational and
environmental factors may need to be explored to explain this
difference. (See Tables 16 and 17)
Another area of concern for nonwhite men is death due to
motor vehicle accidents. The rate on the county level is '9
higher than that of the state and over twice that of white
men and white and nonwhite women. The highly preventable
nature of these deaths with the use of seat belts and
reduction in driving speed seems to indicate a need for an
intervention targeted at this population.
Areas of concern for white men include in particular
death due to arteriosclerosis, cancer of the colon, rectum,
and anus, and homicide. All of these rates surpass the state
mortality rates. Further investigation into interventions
that are currently taking place may indicate a need for
interventions to address, in particular, the issues of colon
cancer and atherosclerosis among white men in the county.
Finally, these stratified rates indicate a general
disparity between the health status of nonwhite women in the
county as compared to the state. This disparity was also
evident in many of the pregnancy outcomes examined earlier.
The mortality rates in the county due to chronic pulmonary
disease and cancer of the trachea, bronchus, and lungs are of
particular concern in this population. (See Tables 16 and
17)
22
4-
26
TILE 14
Disease Specific Mortality
Stratified by Age
Data Series 4 -A
DEATH COUNTS AND DEATH RATES
FOR LEADING CAUSES AND CANCER SITES, BY AGE GROUPS
NORTH CAROLINA 1984 - 1988
AGE GROUP NUMBER OF DEATH RATE
AND CAUSE DEATHS PER 100,000
MMMMMmsmmmmmammumomsmm= mnrrrmmmmmmwnnmmmmmwa =srmmr+rmmsnwmmsmust:m
TOTAL
ALL CAUSES - 271583 858.32
AGE LT 20 YEARS
CANCER - TOTAL
311
3.41
ACCIDENTS - MOTOR VEHICLE
1692
18.57
ACCIDENTS - OTHER AND ADVERSE EFFECTS
923
10.13
SUICIDE
256
2.80
HOMICIDE
282
3.09
CONGENITAL ANOMALIES
1311
14.39
AGE 20 - 64 YEARS
DISEASES OF HEART
21918
116.13
CEREBROVASCULAR DISEASE
3535
18.73
CANCER - TOTAL
21689
114.92
CANCER - COLON, RECTUM, ANUS
1823
9.65
CANCER - TRACHEA, BRONCHUS, LUNG
6861
36.35
CANCER - BREAST - FEMALE
2668
27.62
ACCIDENTS - MOTOR VEHICLE
5254
27.83
ACCIDENTS - OTHER AND ADVERSE EFFECTS
3629
19.22
SUICIDE
2935
15.55
AGE 65 & UP YEARS
DISEASES OF HEART
74073
2024.39
CEREBROVASCULAR DISEASE
19362
529.15
CANCER - TOTAL
36108
986.82
CANCER - COLON -, RECTUM-, ANUS-
4378
-1 -1"9.6 4
CANCER - PANCREAS
2146
58.64
CANCER - TRACHEA, BRONCHUS, LUNG
9483
259_16
CANCER - BREAST - FEMALE
2439
108.87
- CANCER - PROSTATE
3333
234.89
PNEUMONIA AND INFLUENZA
7224
197.42
CHRONIC OBSTRUCTIVE PULMONARY DISEASES
6857
187.39
Source: Orange County-Data Book-1989
23
27
TABLE 15
Disease Specific Mortality
Stratified by Aqe
DEATH COUNTS AND DEATH RATES
FOR LEADING CAUSES AND CANCER SITES, BY AGE GROUPS
NORTH CAROLINA 1984 - 1988
ORANGE
AGE GROUP
AND NUMBER OF DEATH RATE
CAUSE DEATHS PER 100,000
rwwwrwrwrwwrrrwwwrwwwwwwwr' wwwrrwwwwwwrwwwrrwrwwwwrwwwwwrwrwwrrrrrw
TOTAL
ALL CAUSES -
2462
583.58
AGE LT 20 YEARS
CANCER - TOTAL
ACCIDENTS - MOTOR VEHICLE
3
14
2.69
ACCIDENTS - OTHER AND ADVERSE EFFECTS
2
12.55
SUICIDE
1.79
HOMICIDE
4
3.58
CONGENITAL ANOMALIES
5
10
4.48
8.97
AGE 20 - 64 YEARS
DISEASE OF HEART
CEREBROVASCULAR DISEASE
156
56.66
CANCER - TOTAL
19
6.90
CANCER - COLON, RECTUM, ANUS
209
17
75.91
CANCER - TRACHEA, BRONCHUS, LUNG,
69
6.17
25.06
CANCER - BREAST - FEMALE
26
ACCIDENTS - MOTOR VEHICLE
18.17
ACCIDENTS - OTHER AND ADVERSE EFFECTS
38 22
-.88
13.$0
SUICIDE
37
13.43
AGE 65 & UP YEARS
DISEASES OF HEART- -
CEREBROVASCULAR DISEASE
582
1624.42
CANCER - TOTAL
173
4$2.$6
CANCER - COLON, RECTUM, ANUS
370
1032.71
CANCEL - -PANCREAS
_70
1-33.-9-7--
CANCER w TRACHEA, BRONCHUS, LUNG
30
7$
$3.73
217.70
CANCER - BREAST - FEMALE
23
106.85
CANCER - PROSTATE
PNEUMONIA AND INFLUENZA
32
223.72
CHRONIC OBSTRUCTIVE PULMONARY DISEASES
54 187.00
150.71
"So -urce: =Oran a -Cow =pat a- Book, 1989
24
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OBESITY AND NUTRITIU'N
30
:according to a recent community diagnosis completed by
graduate students in the Public Health Nutrition program,
obesity is a significant problem in Orange County and one
which has gained little attention. Extrapolating from data
from the - National center for Health Statistics,
estimated that 19,687 they
individuals in the county could be
defined as obese and 7,404 would be defined as severely
obese. (Nutrition Community Diagnosis, 1988). It is
difficult to determine how they carne to the conclusion that
the problem was not being adequately addressed; therefore,
further investigation would be necessary to evaluate this
conclusion. However, in conducting their semiannual
community diagnosis in 1988, the Orange County Health
Department did identify adolescent obesity in particular, as
a potential site for future interventions, giving some
Potential credence to the conclusion. (Q.C.H.D. Community
Diagnosis, 1988)
These students also estimated that a total of
approximately 2403 adults in orange County suffer from iron
deficiency anemia. In addition, an estimated 14,921
individuals would be expected to have elevated serum
cholesterol levels.
In 1987, the leading causes of death and morbidity in
Orange County were heart disease (1635), cancer (122.9) and
cerebrovascular accidents, 32.5. Underlying risk factors for
cardiovascular disease. include; hypertension,
hypercholesteremia, smoking and sedentary lifestyle.
SEDENTARX LIFESTYLE
Physical inactivity is associated with an increased risk
of developing obesity and its disease correlates,
atherosclerotic cardiovascular disease,
diabetes mellitus -. 41,366 Orange Countyhresidentsoare
estimated to have a sedentary lifestyle. Appropriate
physical activity is a valuable tool in prevention and
control of obesity, hypertension—and atherosclerotic
cardiovascular disease.
27
HYPERTENSION
31
10,854 Orange County residents are estimated to
currently have hypertension, and 13,559 residents are
estimated to have had hypertension at some time in their
life. Hypertension is a major risk factor both for heart
disease, which is also the leading category of causes of
death in the United States and for stroke, which is the third
most frequent cause of death in Orange County and the U.S.
Adequate blood Pressure (B /P) control Plays a prominent
role in the reduction of stroke mortality. Stroke mortality
is considerably higher for blacks than whites. The
occurrence of hypertension increases with age, and is higher
for black adult Americans (of which 38% are hypertensive)
than for white adult Americans (290).
HIGH BLOOD CHOLESTEROL
High blood cholesterol, (hypercholesteremia) is a
principal modifiable risk factor for coronary artery disease.
Blood cholesterol measurement not only identifies individuals
in need of treatment, it also provides an opportunity to
recommend lifestyle changes to reduce the risk of coronary
heart disease. Diseases associated with dietary excess and
imbalance, especially fat intake, rank among the leading
.causes of illness and death in the U.S. Reduction of dietary
fat, especially saturated fat, can reduce the risk of
developing coronary artery disease. All clients should
receive counseling regarding dietary intake of calories, fat
(especially saturated fat), cholesterol, fiber and sodium.
14,921 residents of Orange County are estimated to have high
cholesterol.
SMOKING
In 1987, an estimated 200 of N.C. adults smoked.
Cigarette smoking is the chief avoidable cause of death in
the U.S. In 1988, 16,155 Orange County residents were
estimated to be current smokers with 4,129 using smokeless
tobacco: Tobacco use is a major risk factor for diseases of
the.heart and blood vessels as well as cancer of the lung,
causing an estimated 39-0,000 deaths annually in the U.S.
Tobacco use prevention programs in schools have
demonstrated that they can at least delay use among
adolescents. Education and counseling on the health effects
of tobacco use needs to be provided to both school -age
children and adults.
28
INJURY PREVENTION
32
Unintentional injuries are the major cause of death
among persons 1 -44 years old in the C.S. The injuries also
leave thousands suffering lifelong chronic disabilities. For
the first four decades of life unintentional injuries claim
more lives than infectious or chronic diseases. lion -fatal
injuries comprise a huge problem in terms of lost
productivity, medical care costs, and long -term disability.
In Orange County in 1984 -1988 accidents accounted for 16
of 38 deaths in persons less than 20 years making accidents
the leading cause of death in this age group. (Data Series
4 -A) The majority of deaths involved motor vehicles. Other
accidental deaths in -N.C. involved fire, asphyxia, drowning,
bicycles, and guns. 'ion- reported accidents can lead to
increased morbidity and are not reflected in the data.
Years of life lost from motor vehicle accidents in N.C.
is 234,262. This is greater than years lost from heart
disease and cancer. This high number reflects the young age
of the victims. Years of life lost from non -motor vehicle
accidents in N.C. is 125,531. (Data Series 4 -D)
In the U.S. there has been an 11% decrease in the
mortality rate from MVA in the years 1981 -1986. However in
N.C. the rate increased by 4 %. The N.C. rate for other
accidents decreased but not as much as did the national rate.
The N.C. mortality rate for all accidents is higher than the
national rate.
The Year 2000 National Objectives include 21 objectives
involving reduction of unintentional injuries. The
objectives include reduction of deaths from motor vehicles,
fire, falls, and drowning and injuries from poisoning, head
injury, and spinal cord injury. Also targeted is increased
public awareness through the school systems and through
education to primary care providers, allied health
pr -ofessiorrals, and teachers.
29
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Comma'ITY HEALTH FEEDS
Priority 1. High number of unwanted or unplanned
pregnancies.
Priority ?. Inadequate prenatal care among non -white
women.
Priority 3. High incidence and prevalence of STDs.
Priority 4. Incidence of risk factors leading to
cardiovascular and cerebrovascular diseases
the first and second causes of death
respectively in Orange County.
Priority 5. Premature morbidity and mortality due to
injuries, including motor vehicle accidents,
homicide, suicide and childhood injuries.
33
W
C.
37
LEGISLATIVE NEEDS
Priority 1. Mandated programs which make family planning.
and prenatal care services available and
accessible for all who need them.
Priority 2. Laws protecting environment (air and water,
land fills, waste)
Priority 3 State /federal health care system which
guarantees medical care for the indigent and
working poor.
Priority 4. Mandated service level for health promotion
programs in N.C. General Statute 130A -9 and
N.C. Administrative Code.
Priority 5. Laws mandating and facilitating interagency
collaboration.
J -4
T
I
LONG RANGE ISSUES
Priority 1. Protection of the environment.
Priority ?. Human and Capital - Professional
staffing to meet needs
support, health care facilities administrative
ities
- space.
Priority 3. Reduction of the infant mortality rate.
Priority 4. Improvement in the duality of public school
education.
Priority 5. Development of a national health care system.
38
0301
DESK TOP NEEDS
1. 'geed more personal computers, computer soft -ware and
training.
?. Assistance in purging dead records and pulling inactive
patient files from active files to create more space.
3. Professional library.
4. Technical assistance for program development in the
various program areas.
5. Dictation and transcription equipment and adequate
typing support.
6. Computerized inventory and purchasing system.
W
f
4
ORANGE COUNTY
HOARD OF COMMISSIONERS
Action Agenda
Item No. ;9X__01
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 3, 1990
SUBJECT: Culbreth Park Interim Assistance Grant - Status Report
DEPARTMENT: Housing /Community Dev. PUBLIC HEARING YES: NO: x
ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes
Status Report
Development Agreement TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill -- 968 -4501
Mebane - 227 -2031
Durham - 688 -7331
-
PURPOSE: To receive a status report of the Culbreth -Park Interim
Assistance Grant Program. To approve the execution of the
Development Agreement with the Culbreth Park Community
Development Corporation and the Town of Chapel Hill.
BACKGROUND: The 2.25 million dollar Culbreth Park Interim Assistance
Grant Program began on May 1, 1990. Much progress has been
made in the development of the Culbreth Park Affordable
Housing Subdivision, therefore, this report is given as
information for Board members.
Also, an integral part of this project is the participation
of the Town of Chapel Hill who is providing second mortgage
funds to lower the cost of the homes to the prospective low
and moderate income buyers. The Town has approved a
Development Agreement specifying their level of
participation with the Culbreth Park Community Development
Corporation. The County must also execute this agreement as
an interested third party by virtue of being the
administrator of the Interim Assistance Grant Program which
is funding the project. The document has been forwarded to
the County Attorney for review.
RECOMMENDATION(S):
1. Receive the report as information.
2. Approve execution of the Development Agreement between
the Town of Chapel Hill and the Culbreth Park Community
Development Corporation and authorize the Chair to sign
the document after approval by the County Attorney on
behalf of Orange County.
CULBRETH_ PARK _STATUS _REPORT
BACKGROUND
IJ
Orange County was awarded a Community Development Block
Grant (CDBG) Interim Assistance Grant Award of $2.25 million
dollars from the N.C. Department of Economic and Community
Development for the proposed Culbreth Park Affordable Housing
Development project in April 1990. Culbreth Park is an
approved fifty lot subdivision south of Culbreth Road
adjacent to Culbreth Junior High School. (See attached map)
The subdivision will have a mixture of moderate income
and market rate homes: 30 low /moderate income homes; 12
market rate homes and 8 lots which the Town of Chapel Hill
intends to purchase and make available to Habitat for
Humanity to construct additional low /moderate income housing.
"Low /moderate income refers to those persons at or below 801;
of the median family income for the Raleigh - Durham MSA of
$41,900 for a family of four. The subdivision is a venture of
the Culbreth Park Community Development Corporation who is
responsible for building and selling the homes.
Additionally, a complex array of funding sources have
been assembled to enable 30 of the homes to be sold to
low /moderate income families. These include:
1. North Carolina Department of Economic and Community
Development construction loan at 2% interest.
2. Town of Chapel Hill Housing Loan Trust Fund: 17
second mortgages of $14,000 each.
3. N.C. Housing Finance Agency permanent mortgage
financing; 15 mortgage loans at 8.25k interest, 30
year term.
4. N.C. Housing Finance Agency mortgage credit
certificates: 15 certificates.
S. N.C. Housing Finance Agency Energy Conservation
Program; 15 grants of $7,500._each.
The Culbreth Park Interim Assistance Grant Program
is 18 months in duration and officially began May 1, 1990 and
is scheduled to end October 31, 1991 at which time the entire
2.25 million dollar loan must be repaid to the State at two
(2) percent interest. Much construction progress has been
made since May and the following is a brief update of
activities in Culbreth Park to date.
l
,
3
HOUSING CONSTRUCTION
Phase One of the subdivision which includes eleven (11) homes
is near completion according to schedule. Additionally,
twelve homes in Phase Two are under construction ahead of
schedule. None of the homes are complete and ready for sale.
However, completion of Phase One is anticipated in January
1991. (See Subdivision Map). All public facility improvements
are also progressing according to schedule.
INTERIM ASSISTANCE LOAN EXPENDITURES
To date, Culbreth Park Community Development Corporation has
expended approximately $1,933,323.00 of the $2,250,000 loan.
Specifically, the expenditures are as follows.
ACTIVITY
Acquisition
Water
Sewer
Construction
Financing
Roads /Landscaping
Services
BUDGET
$ 588,869
Permits, Fees
Planning /Surveying
Engineering
Administration
TOTALS
49,915
263,829
557,923
254,761
270,463
85,420
7,191
155,629
16,000
$2,250,000
EXPENDED
$ 588,869
-0-
218,705
436,885
254,761
192,422
75,414
7,191
154,076
5,000
$1,933,323
BALANCE
49,915
45,124
121,038
-0-
78,041
10,006
-0-
1,553
11,000
$316,677
Based on discussions with Culbreth Park Community Development
Corporation, the remaining balance will be expended within
the next three months.
4
HOUSE PRICES
Attached to this report is a, summary of the housing finance
methods to be used in the sale of the homes in Culbreth Park.
In summary, all low /moderate income homes will be sold for
$92,000. The appraised value of these homes is $114,000.
Specifically, the cost to the buyer breaks down as follows.
Sales Using 8.25% Sales Using 9.5t
_ Morgages /MCCs
Moijt ages......._._.._ _. t=.
Down Payment
Sales Price $
Deferred Payment Loans
Town of Chabe1 Hill
Energy Related Grant
Mortgage Credit Certificate
First Mortgage
Monthly Payment (PITT)
MARKETING EFFORTS
-0- -p-
92,OOU $ 92,000
14,000
14,000
7,500
-0-
-0-
1,482
'10,500
78,000
660
758
All homes sold at Culbreth Park are being marketed by the
Culbreth Park Community Development Corporation. These
efforts have been rather slow with none of the homes having
been presold. (The Corporation has identified eleven families
to date who may be eligible to purchase homes.) However, the
Corporation has assured the County that more aggressive
efforts are being made to sale and pre -sale the homes. This
is crucial to the development since funds from sales will be
needed to complete the house construction.
Culbreth Park Community Development Corporation has received
assistance from the Chapel Hill Board of Realtors who has
agreed to broker the twelve market rate houses at a 2.5
percent commission.
Planned marketing efforts for the low /moderate income homes
included newspaper ads. brochures, and informal informational
meetings. A copy of an ad that ran in the Sunday, November
25, 1990 Chapel Hill Herald is attached.
CONCLUSION
The County received a monitoring visit from the N.C.
Department of Economic and Community Development on September
21, 1990 to review administration of the Interim Assistance
Grant. The state seemed pleased with the construction
progress. However, they did note the high level of
expenditures in the first months of the arant.period, as well
as the need for a detailed marketing plan /strategy to be in
place. The County is working with the Culbreth Park Community
Development Corporation to address these concerns.
CARRSORO
CHAPEL HILL
SOUTHBRIDGE
CULBRETH ❑
JR HIGH
PROPOSED
WOODLAKE
VICINITY MAP
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TABLE OF CONTENTS
• ■
Page
I.
Definitions
4
II.
Construction
7
A. Description
7
B. Schedule
8
C. Changes
8
D. Inspections
9
III.
Budget
9
IV.
Buyer Eligibility
11
V.
Initial Sales of Low- Income Houses
12
A. Financing
12
1. Corporation's Duties
12
2. Town's Duties
14
B. Documents
14
t
I. Purchase Contract
14
2. Deed
15
3. Lien Waivers
15
4. Shared Equity Agreement
15
S. Town's Note and Deed of Trust
15
6. Other Lenders' Forms
16
7. Request Not4ce
16
8. Miscellaneous Documents
16
C. Marketing
17
VI.
Ongoing Administration Duties Following
First Sale of Each
Low- income House
17
VII.
Resales of Low - income Houses
20
A. Exercise of Right of First Refusal
20
B. Financing
20
C. Documents
22
1. Purchase Contract
22
2. Deed
22
3. Lien Waivers
23
4. Shared Equity Agreement
23
5. Town's Note and Deed of Trust
23
6. Other Lenders' Forms
23
7. Request Notice
24
8. Miscellaneous Documents
24
• ■
t
Page
D. Permitted Value Calculations 24
E. Marketing 24
VIII.
Trust
24
IX.
Assignment
26
X.
Town's Duties Regarding a Breach by Buyer
26
XI.
Default and Remedies
27
XII.
Miscellaneous Provisions
32
A. Commitment to Low- income Persons
32
B. Term
35
C. Early Termination
35
D. Town's Power, Authority, and Certifications
36
E. Representations and Warranties of the Corporation
37
F. Representations and Warranties of the Town
38
G. Indemnity
39
H. Condemnation
39
I. Insurance Proceeds
40
J. Evidence of Consent
40
K. Additional Documents
41
L. Notices
41
M. Binding Effect
42
N. Severability
41
O. Modifications
43
P. Headings
43
Q. Relationship of Parties
43
R. Entire Agreement,
43
S. Attorney's Fees
44
T. Governing Law
44
U. Counterparts /Duplicate Originals
44
[AHPI:TOC :ajs]
Revised: 10/24/90
PJ
ID
NORTH CAROLINA
ORANGE COUNTY
DRAF
DATE
AGREEMENT
THIS AGREEMENT ( "Agreement ") is made on , 1990, by
and between the TOWN OF CHAPEL ,HILL, a North Carolina municipal
corporation whose address is 306 North Columbia Street, Chapel Hill,
North Carolina 27516 ( "Town "), and THE CULBRETH PARK COMMUNITY
DEVELOPMENT CORPORATION, a North Carolina nonprofit corporation whose
address is 222 Vance Street, Chapel Hill, North Carolina 27516
( "Corporation ") ; Orange County, as a body politic and corporate,
enters into this Agreement solely to evidence that it is an interested
third party (in that it has made.representations to the North Carolina
Economic and Community Development ("ECD") in connection with a
i
Community Development Block Grant that this Agreement would be
signed) ;
W I T N E S S E T H:
WHEREAS, the Town has determined that a shortage of low- and
moderately priced housing exists in Chapel Hill, North Carolina,
despite any efforts made by private individuals or companies to
alleviate that shortagev
WHEREAS, both the Town and the Corporation have an interest in
promoting, and both intend to promote, the development, improvement,
preservation, and sale of decent, affordable housing and home
ownership opportunities for low- income persons in and around Chapel
Hill, North Carolina;
WHEREAS, the Corporation is constructing a subdivision located on
Culbreth Road, and the Corporation has an interest in selling, and
intends to sell, 30 of the houses built in the subdivision to, and on
terms affordable to, Low- income Persons (hereinafter defined);
WHEREAS, the Town, desiring to exercise, among other powers, its
power and authority to engage in housing programs for Low- income
Persons, has an interest in selling, and an intent to sell, the
Low - income Houses (hereinafter defined) to Low- income Persons, save
and except the first sales of the Low- income Houses, for which the
Corporation shall be responsible;
WHEREAS, both the Corporation and the Town have an interest in
and an intent to keep the Low- income Houses affordable to future
buyers who are Low- income Persons;
WHEREAS, both the Corporation and the Town have an interest in
making, and an intent to make, the Low- income Houses increasingly more
affordable to future buyers, such that, at resales of Low- income
Houses, the Low- income Houses may become affordable to Very Low- income
Persons (hereinafter defined);
WHEREAS, a means by..which the Corporation intends to sell the
Low - income Houses on terms affordable to Low- income Persons is to
reduce the Low- income Houses' sale prices below their fair market
values (so as to effectively negate the Corporation's potential profit
from the subdivision), arrange for loans to the first buyers of the
Low- income Houses for a significant portion of the cost of the
Low- income Houses and on terms affordable to Low- income Persons, and
arrange for some of such buyers a mortgage credit certificate;
WHEREAS, the Town, similarly to the Corporation, intends to
finance $14,000.00 of the purchase price of 17 Low- income Houses by
Low- income Persons, the source of said financing initially to be from
MWAM
1�
monies in its Housing Loan Trust Fund, said funds having been
allocated pursuant to a Town Resolution (hereinafter defined), and to
use its best efforts to provide or assist in raising funds for up to
13 additional Low- income Houses over the next fiscal year;
WHEREAS, the Town wishes to keep the Low- income Houses affordable
to future buyers who are Low - income Persons and to make the Low - income
Houses increasingly more affordable to Very Low - income Persons by
acting as a housing authority pursuant to N.C.G.S. Section 157- 4.1(a)
and entering into_ and administering this Agreement and agreements
hereinafter described which facilitate the purchase.of the Low - income
Houses by future Low- and Very Low- income Persons, and by re- investing
a large portion of its Low- income Houses' financing, equity, and
appreciation funds (all as hereinafter described) into the Low - income
i
Houses at resale;
WHEREAS, the undertaking described in this Agreement will provide
low- and moderately priced housing for Low- and Very Low - income
Persons in furtherance Hof the goals of the Town's Community
Development Program and its Housing Program;
WHEREAS, the Town, through its Town Council, has determined that
assisting with the financing and sales of low- and moderately priced
housing for Low- and Very Low- income Persons as negotiated by the Town
Manager and as described in this Agreement is and will be in the
public interest; enhances and will enhance the public health, safety,
and welfare; best utilizes and maximizes the Town's available
resources; is an appropriate use of the Town's funds described in this
Agreement; is in accord with the Resolution; and accordingly should be
approved; and
- 3 -
13
WHEREAS, the Town Council on ,Tune 25, 1990 approved the concept
of this Agreement and on approved the execution,
delivery, and performance of this Agreement by the Town;
NOW, THEREFORE, in consideration of the foregoing premises and
the agreements and undertakings stated in this Agreement, the Town, in
its capacity as a housing authority pursuant to N.C.G.S. Section
157- 4.1(a), and the Corporation agree:
I. Definitions.
Capitalized terms appearing in the Agreement, unless defined
elsewhere in the Agreement, shall have these definitions:
A. "Administrator" means the Town of Chapel Hill, a North
Carolina municipal corporation, or its permitted assignee(s) pursuant
to Paragraph IX of this
r
B. "Budget"
thereon being currently
this Agreement as Exhib.
in this Agreement.
Agreement.
means the budget, the line item figures stated
estimated, attached to, and incorporated into,
Lt C, as amended from time to time as permitted
C. "Buyer" means a Low- income Person or Persons qualified
as described in this Agreement and by Permanent Lender (hereinafter
defined) criteria to purchase, and who, in fact, signs and closes a
Purchase Contract (hereinafter defined) for a Low- income House.
D. "CDBG" means Community Development Block Grant.
E. "Default" means those events described in Paragraph XI
of this Agreement.
F. "First Mortgage Loan" means a loan extended to a
Low- income Person to enable the Low- income Person to purchase a
-- 4 -
14
Low- income House, which loan is secured by a first deed of trust on
said Low- income House.
G. "HUD" means the Department of Housing and Urban)
Development or its successors.
H. "Income" for any Buyer means that income which the
Buyer must report to the Internal Revenue Service for federal income
tax purposes as required by federal law from time to time for the year
preceding the date of the Buyer's Purchase Contract.
I. "Loan Documents" means documents in material accordance
with the terms of a promissory note and deed of trust attached to, and
incorporated into, this Agreement as Exhibit G.
J. "Low- income House" individually and "Low- Income Housed))
collectively mean the house(s) and the lot(s) on which they are to be
t
built on the Property (hereinafter defined) and designated by the
Corporation as being for sale to Low- income Persons.
K. "Low- income Person" individually and "Low- Income
Persons" collectively mean„ the person(s) whose combined Income does
not exceed 80% of the median income for the Raleigh- Durham
Non - metropolitan Statistical Area of North Carolina for such number of
persons plus their dependents (as defined by federal income tax laws),
as determined from time to time by HUD.
L. "Market Houses" means houses and the lot(s) on which)
they are to be built on the Property designated by the Corporation as
being for sale to buyers other than Low- income Persons.
M. "Material Changes" in the case of any Low - income House
means changes in construction involving an increase in the
Corporations costs of 5% or more of the appraised value of the)
=-=
16'
applicable Low- income House (the appraised value of each Low- income
House presently estimated to be $114,000.00).
N. "NCHFA" means the North Carolina Housing Finance
Agency.
O. "NCHFA Deed of Trust" means the third deed of trust
securing the NCHFA loan made to a Buyer, said document being in a form
materially similar to that attached to, and incorporated into, this
Agreement as Exhibit J.
P. "Nonmaterial Changes" in the case of any Low- income
House means changes in construction involving an increase in the
Corporation's costs of less than 5% of the appraised value of any said
Low-- income House (the appraised value of each Low- income House
presently estimated to be $114,000.00).
t
Q. "Permanent Lender" individually and "Permanent Lenders"
collectively mean the financial institution(s) or other lender(s) who
,extend(s) the loan(s) to Buyer(s) which is /are secured by a Permanent
Lender's Lien (hereinafter. - defined).
R. "Permanent Lender's Lien" means a first deed of trust
on a Low- income House, granted in order to secure a Permanent Lender's
loan, and being in a form similar to those attached to, and
incorporated into, this Agreement as Exhibit. I, except that nothing
herein shall be construed to require that the Permanent Lender must be
NCNB Mortgage Corporation or NCHFA.
S. "Property" means the real estate described in Exhibit A
attached to, and incorporated into, this Agreement.
- 6 -
t
T. "Purchase Contract" means a document in a form
materially similar to that attached to, and incorporated into, this
Agreement as Exhibit F.
U. "Resolution" means Resolution No. 89- 11- 13 /R -15a of the
Council of the Town of Chapel Hill dated November 13, 1989.
V. "Restrictive Covenants" means the Declaration of
Covenants, Conditions, and Restrictions attached to, and incorporated
into, this Agreement as Exhibit Q. as amended from time to time as
provided therein.
W. "Shared Equity Agreement" individually and "Share
Equity Agreements" collectively mean a document or documents, as the
case may be, in material accordance with that attached to, an
incorporated into, this Agreement as Exhibit H.
X. "Site Plans" means those engineering blueprints,
specifications, and plats attached to, and incorporated into, this!
Agreement as Exhibit B.
Y. "Trust" means the bank account and fiduciary duties
described in Paragraph VIII of this Agreement.
Z. "Very Low- income Person" individually and "Ver
Low - income Persons" collectively mean person(s) whose combined Incom
does not exceed 50% of the median income for the Raleigh-Durha
Non - metropolitan Statistical Area of North Carolina for such number of
persons plus their dependents (as defined by federal income tax laws),
as determined from time to time by HUD.
II. Construction.
A. Description. The Corporation, from time to time in the
Corporation's discretion within five years of the date of this
- 7 -
!b
t7
Agreement, intends to construct and designate for sale up to 30
Low - income Houses and twelve Market Houses at Culbreth Park
Subdivision (i.e., on the Property), said subdivision having been
approved by the Town; and each house designated by the Corporation to
be a Low- income House will be built in material accordance with the
Site Plans. Accordingly, the Corporation, in its sole discretion
except as limited as herein defined, will supervise and coordinate all
work and activities involved in acquiring the Property and in
contracting for and constructing any roads, water and sewer lines,
Market Houses, and Low- income Houses; and the Corporation shall use
its best efforts to supervise and coordinate any said construction in
a good and workmanlike manner, including but not limited complying
with laws, rules, and regulations affecting the construction. Any
t
said construction shall be at the Corporation's sole cost and expense.
B. Schedule. Construction of any houses on lots into
which the Property is subdivided shall begin first on those lots
numbered 1 through 16 on tAe attached Site Plans, second on those lots
numbered 17 through 30 on the Site Plans, and third on those lots
numbered 31 through 50 on the Site Plans, save and except those lots
numbered 4, 5, 12, 13, 21, 24, 33, and 34 on the Site Plans. Any said
construction is intended to be completed according to the construction
schedule attached to, and incorporated into, this Agreement as Exhibit
P.
C. Changes. The Corporation has the sole authority to
agree to: (a) Nonmaterial Changes of the Low- income Houses and (b) all
nonmaterial and material changes in construction, work, contracts,
releases, reduction of retainages or other matter in the case of
- 8 -
{
Market Houses, roads, and water and sewer. lines. Such amendments
and /or modifications to the said construction shall not be deemed a
breach of this Agreement. All Material Changes in the Low - income
Houses require the Town Manager's written consent, which consent shall
not be unreasonably withheld or delayed; provided, however, that
nothing in this Agreement shall be construed to permit initial
construction of a Low - income House to exceed 1200 square feet (using
exterior wall calculations) or to obligate the Town to contribute
construction funds despite any increase in the maximum amount
originally budgeted for construction or to limit the Town's authority
and obligation to supervise construction under its police power.
D. Inspections. During construction of the Low - income
Houses, the Town has the right to inspect their construction at
i
reasonable times, with or without notice, provided that such
inspection shall not interfere unreasonably with construction work in
progress. Such inspections shall be conducted by the Town's Manager
or his designee, or then Town's Building Inspector, who shall be
accompanied by a representative of the Corporation. The purpose of
any such inspections shall be to observe whether or not the
construction is in compliance with the terms and conditions of this
Agreement; however, this Agreement shall not be construed so as in any
way to limit the authority of the Town to perform its duties and
functions pursuant to applicable provisions of local ordinances and
the Charter of the Town, and State and Federal laws and regulations.
III. Budget. The Low - income Houses and Market Houses are
intended to be built in accordance with the Budget such that, if said
houses are so built and the proceeds of sales are so allocated, the
- 9 -
Low- income Houses, in combination with financing described in this
Agreement, will be affordable to Low- income Persons. The costs,
expenses, and sales prices shown on the Budget are based on the
Corporation's best information regarding cost, expenses, and sale
prices of the construction as shown on the Site Plans as of the date
of this Agreement; however, the parties acknowledge that the Budget
line items are likely to be modified, that although the Town's
Manager's consent is necessary for all Material Changes in the
Low- income Houses pursuant to Paragraph II.C. of this Agreement, the
Corporation has the sole authority to amend and /or to modify the
Budget, including but not limited to increasing or decreasing the
overall costs and expenses reflected in the Budget and altering the
sales prices of the Market and Low- income Houses from those projected
r
(subject to the requirements of Paragraph V.A.1.(a) of this
Agreement), and that any such amendments and /or modifications to the
Budget, whether or not material variations in the actual or estimated
costs, expenses, and salep prices, shall not be deemed a breach of
this Agreement and shall not affect the Town's rights and duties
hereunder. Notwithstanding the foregoing, the Corporation agrees that
it shall not make Budget modifications related to Material Changes in
the Low- income Houses until the Town Manager has consented to said
Material Changes. The Corporation shall establish and maintain
financial records in a manner consistent with generally accepted
accounting practices which will account in detail for the expenditures
made pursuant to the Budget. These records shall be subject, at all
reasonable times within five years of the date of completion of
=to=
construction of the last - designated Low- income House, to inspection,
audit, and review by the Town.
IV. Buyer Eligibility. The Corporation, in the case of the
first sale of each Low - income House, and the Town, in the case of
subsequent sales of each Low - income House, will sell the Low - income
Houses to Low - income Persons (with sales preference. being given to
Buyers who are either residents of or who are employed in Chapel Hill,
North Carolina) whose assets do not exceed. that valuation which would
-''squalify them from a NCHFA first mortaraare loan rAAia
presently being $45,000.00 in fair - market value) or, if NCHFA
discontinues publishing said amount, -then in an amount equal to the
last said amount so published multipled by a fraction, the numerator
of which shall be the numerical index of the Consumer Price Index for
r
Urban,Wage Earners and Clerical Workers, U.S. City Average (1982 -84
100), Annual Averages and Changes, All Items, published by the United
States Department of Labor, Bureau of Labor Statistics ( "Index ") for
the preceding January and tthe denominator shall be the Index published
in the month preceding NCHFA's discontinuance. Provided. however.
that, at each resale of a Low- income House, the parties intend for the
Town to attempt to sell the said Low - income House to a person or
persons with lower income(s) than the previous owner when income is
expressed as a percentage of the applicable median income. To that
end, the parties agree that, at each said resale, the Town shall
attempt to sell each said Low- income House to a person or persons
whose combined income is equal to or less than applicable owner income
shown on Exhibit D attached to and incorporated into this Agreement,
as updated from time to time as described below. The parties
- 11 -
Y
acknowledge that the figures contained on Exhibit D have been
calculated by a computer program devised by Dennis Eisen & Associates
entitled Affordable Housing Program, a copy of which will be provided
by the Corporation to the Town, which shows the increasingly lower
income levels of persons who can afford to purchase the Low - income
Houses, given the available financing and other factors. Thus the
Town is responsible for annually: gathering current figures described
in the Affordable Housing Data Input Form attached to this Agreement
as Exhibit E and incorporated herein by reference, inserting the
figures in the appropriate lines on said computer program, running
said computer program with said figures, and supplying the Corporation
with a copy of the revised program results; then, at each resale,
reselling the Low- income Houses to Low- or Very Low- income Person(s),
i
as the case may be, whose combined income is equal to or less than the
applicable income range as determined by the annual running of said
computer program. Notwithstanding the foregoing, as the Town becomes
obligated to purchase a Low- income House and if the Town is unable to
sell said Low- income House to a Low- income Person or Persons whose
combined income is equal to or less than applicable owner income as
shown on Exhibit D (as revised from time to time) for two months, then
the Town may sell said Low- income House to any Low-- income Person or
Persons.
V. Initial Sales of Low- income Houses.
A. Financing.
1. Corporation's Duties. At or before the closing of
the first sale of the Low- income Houses, the Corporation will use its
best efforts to:
- 12 -
V
(a) sell the Low - income Houses for $92,000.00 so
as to enable Buyers to qualify for NCHFA financing;
(b) purchase from the first Buyer of each
Low- income House for the Town's use described below a share of the
equity and appreciation of the Low-- income House (hereinafter "Equity
and Appreciation Share" as defined in Exhibit H) then being purchased
and a right of first refusal to buy said Low - income House, said
agreement being in material accordance with the terms of a Shared
Equity Agreement;
(c) arrange for a low- interest loan (i.e.,
approximately .25% below the interest rate being offered by the
Veterans Administration or' the Farmers Home Administration) or some
other financing arrangement from Permanent Lender(s) in the
t
approximate minimum amount of $77,500.00 for 15 of the first Buyers of
Low - income Houses, each said loan to be secured by a Permanent
Lender's Lien and to be on terms permitting Low- income Persons to
qualify therefor; ..
(d) arrange for a low- interest loan (i.e.,
approximately 8.25 %) from Permanent Lender(s) in the approximate
minimum amount of $70,000.00 for 15 of the first Buyers of Low - income
Houses, each said loan to be secured by a Permanent Lender's Lien;
(e) arrange for $112,500.00 in loan funds from
NCHFA, said funds being contemplated, but not required, to be
allocated as $7,500.00 loans for each of the 15 first Buyers who
obtain their First Mortgage Loan using NCHFA first mortgage funds,
with each said loan to be secured by a NCHFA Deed of Trust; and
- 13 -
BE
(f) arrange for 15 NCHFA mortgage credit
certificates, said certificates being contemplated, but not required,
to be allocated to the 15 first Buyers who obtain their First Mortgage
Loan pursuant to Paragraph V.A.1.(c), with said certificates being in
a form materially similar to those attached to, and incorporated into,
this Agreement as Exhibit K.
Nothing in this Agreement shall be construed to require the
Corporation to pay Buyers' closing costs and /or discount points
payable in connection with their loans.
The purchase price of the Low- income Houses and any other monies
paid by Buyer to the Corporation at closing on the first sale of each
Low- income House shall be the sole property of the Corporation.
2. Town's Duties. At the closing of the first sale of
t
each Low - income House, the Town will provide $14,000.00 financing for
each Buyer's purchase of a Low- income House in material accordance
with the terms of the Loan Documents, said financing being secured by
a second deed of trust, jup6i.or only to the Permanent Lender's Lien.
B. Documents.
1. Purchase Contract. The Corporation and the Town
agree that Low- income House sales shall be consummated in material
accordance with the terms of a Purchase Contract; however, the parties
further agree that said Low- income House sales must be in accordance
with a Grant Agreement between ECD and Orange County dated April 23,
1990, and a Development Agreement between the Corporation and Orange
County dated April 30, 1990. Thus, the parties further agree that, in
the event of any divergence between this Agreement and said Grant
Agreement and /or Development Agreement, this Agreement shall be
- 14 -
modified so as to conform with said Grant Agreement and aforesaid
Development Agreement regulations.
2. Deed. At closing of the first sale of each
Low- income House, the Corporation shall execute, acknowledge, and
deliver to each Buyer a general warranty deed conveying fee simple
title' to the applicable Low- income House free and clear of all
encumbrances except those ordinary and customary encumbrances which do
not adversely and significantly affect title to the said Low- income
House, including but not limited to the Restrictive Covenants,
standard utility and right of way easements, the lien for the then
current year's ad valorem taxes, and those other encumbrances
described in this Agreement.
3. Lien Waivers. At closing of the first sale of
i
each Low- income House, the Corporation shall execute and deliver
appropriate lien waivers reasonably satisfactory to a title insurance
company as may be required for a standard title insurance policy
insuring the interest of- the Permanent Lender under the Permanent
Lender's Lien.
4. Shared.Pmity Agreement. The Town and each Buyer
shall enter into a Shared Equity Agreement. Each.Buyer shall execute
and deliver a memorandum of the rights granted in the Shared Equity
Agreement and deed of trust in material accordance with Exhibit N,
attached to and incorporated into this Agreement by reference, the
purpose of said deed of trust being to give Buyer's Low- income House
as security for Buyer's performance of his Shared Equity Agreement.
5. Town's Note and Deed of Trust. The loan from the
Town to each Buyer described in Paragraph V.A.2. will be evidenced by
- 1s -
X5
a separate note and deed of trust, said note being payable with
interest as described in the note in Exhibit G (i.e., Loan Documents).
6. Other Lenders' Forms. At closing of the first
sale of each Low- income House, the parties intend that each Buyer
shall execute and deliver the Loan Documents and, with Buyer's consent
and if applicable, these loan documents:
(a) a promissory note secured by the Permanent
Lender's Lien in an amount equal to the loan provided to the Buyer by
the Permanent Lender, said amount being contemplated to be at least
�)roximately $77,500.00 for 15 Buyers and $70,000.00 for 15 Buyers;
(b) a promissory note secured by a NCHFA Deed of
Trust which shall be a third lien on the Buyer's Low- income House
(this loan is contemplated, but not required, to be for those Buyers
t
who obtain their First Mortgage Loan using NCHFA first mortgage
funds); and
(c) such other documents as are reasonable and
necessary in connection with the Permanent Lender's and NCHFA's said
loans and mortgage certificates, said documents to be in forms
materially similar to those shown on Exhibits I, J, and K.
7. Request Notice. At closing of sale of each
Low - income House, the Town shall execute and record at the Orange
County Register of Deed's office a request notice for sale under any
Permanent Lender's Lien in a form materially similar to Exhibit L
attached to, and incorporated into, this Agreement.
8. Miscellaneous Documents. At closing of the first
sale of each Low- income House, the Town and the Corporation shall
execute and deliver such ordinary and customary closing documents as
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are reasonably necessary to give effect to the terms of this Agreement
and as are required in connection with Permanent Lender's loan and, if
applicable, NCHFA's loan and /or mortgage certificates.
C. Marketing. After construction of any Low- income Houses
and prior to any Low - income Houses being sold, the Corporation or its
designee shall market the sales of the Low - income Houses by preparing
advertising materials and /or a marketing brochure so as to help
facilitate their first sales to Low- income Persons. At or before said
first sales of Low - income Houses, the Corporation or its designee
shall describe how the Low- income Houses are intended to be made
affordable to Low - income Persons and shall encourage Buyers, should
they 'later decide to sell their Low- income House, to attempt to sell
to Low - income Persons by using the Town's waiting list described in
i
Paragraph VI.D. of this Agreement. Also, the Corporation or its
designee shall use its best efforts to refer the first Low - income
House Buyers to a home - ownership counselling program, provided that
one is offered by a local.Sor- profit or nonprofit entity.
V?. Ongoina Administration Duties Followin First sale of Each
Low- income House.
A. The Administrator annually shall review Buyers' places
of residency by having Buyers complete and submit to the Administrator
for review affidavits in forms materially similar to the affidavit
attached to, and incorporated into, this Agreement as Exhibit M.
B. The Administrator annually shall verify that real and
personal property taxes and, if applicable, assessments are paid by
each Buyer.
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C. The Administrator annually shall verify that each Buyer
is maintaining fire and premises liability insurance on his Low - income
House in an amount not less than the greater of its tax value or the
amount required by any outstanding loan(s) secured by said Low - income
House.
D. The Administrator shall maintain and make available to
Buyers copies of a waiting list of Low- and Very Low- income Persons
who have an interest in buying the Low- income Houses, said waiting
list to include the names, addresses, and telephone numbers of said
Low- and Very Low- income Persons.
E. The Administrator will monitor the sales of the
Low- income Houses to verify whether or not they have remained
affordable to Low- income Persons as required by NCHFA loans.
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F. The Administrator shall pay all of its costs incurred
in performing its duties pursuant to this Agreement.
G. The Administrator will establish and maintain a funding
source (which may includQ. but not be limited to Town Housing Loan
Trust Funds) and budget for its financial obligations stated in this
Agreement.
H. The Administrator shall establish and maintain the
Trust bank account for deposit of interest, rent, and other
hereindescribed funds arising out of this Agreement pending their
disposition as required pursuant to this Agreement.
I. The Administrator shall establish and maintain records
to document its compliance with the terms and conditions of this
Agreement. These records shall be subject, at all reasonable times
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within five years of termination of this Agreement, to inspection,
audit, and review by the Corporation.
J. The Administrator shall perform and monitor the
performance of the Shared Equity Agreements, including but not
limited to all provisions therein regarding improvements to Low - income
Houses.
K. To insure that Buyers do not make improvements to the
Low - income Houses which will increase the future purchase prices of
the Low - income Houses in such a way that they will become unaffordable
to Low- and very Low- income Persons, the Administrator, at a Buyer's
written request, shall review Buyer's proposed improvement plans and
make recommendations to Buyer concerning his rights to make the
proposed improvement(s) pursuant to the terms of the Buyer's Shared
d
Equity Agreement. If a Buyer opts to add any improvement(s) to his
Low- income House and if the improvements) is /are part of a Transfer
of any interest in his Low- income House pursuant to Sections 7 and 8
and /or 9 of his Shared Equity Agreement, the Town shall oversee the
determination of the increase in value thereof by reason of
improvement(s) by cooperating with the Buyer's obtaining of the
average appraisal thereof by two real estate appraisers who are
designated members of the American Institute of Real Estate Appraisers
or the Society of Real Estate Appraisers, and each being performed
within six months of the date of Transfer.
L. The Administrator shall perform according to the
provisions of this Agreement, including but not limited to Paragraphs
IV, VII, and X.
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VII. Resales of Low - income Houses.
A. Exercise of Right of First_ Refusal. Whenever a Buyer
presents to the Town a bona -fide offer to purchase any interest in
Buyer's Low- income House, the Town will exercise its right of first
refusal as described in said Buyer's Shared Equity Agreement,
notwithstanding the fact that its exercise of said right of first
refusal pursuant to the terms of said Shared Equity Agreement appears
to be optional. (The parties' rationale for including a right of
second refusal in the Shared Equity Agreements for the Corporation is
to ensure that the Corporation will receive prompt evidence of the
Town's failure to perform according to this Paragraph and an
opportunity to mitigate its damages arising therefrom.) The Town then
will sell said interest in the Low- income House so purchased to a
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Buyer who is a Low- or Very Low- income Person with the applicable
income level specified by Paragraph IV of this Agreement and who will
make the purchase pursuant to the terms of a Purchase Contract and
Shared Equity Agreement, materially in the form of Exhibits F and H
attached to and incorporated in this Agreement by reference.
B. Financing. At each Town resale of a Low- income House
to any Low- income Person(s), the Town will sell the Low- income House
either at a price in its discretion or at a price less than the then
current, applicable NCHFA loan house price limit (or, if NCHFA
discontinues publishing said amount, then the amount published by a
comparable lender) if the Buyer needs NCHFA financial assistance in
order to purchase the Low- income House; and the Town will finance said
resale of each Low- income House according to terms contained in the
Resolution and Loan Documents in this sum:
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(a) a portion of $14,000.00 (said portion being based
on the year of resale of the applicable Low- income House as described
in the Resolution and Exhibit 0 attached to, and incorporated into,
this Agreement) plus
(b) the Equity and Appreciation Share allocated to it
pursuant to the terms of the latest Shared Equity Agreement concerning
the applicable Low- income House plus
(c) interest earned on the Town's latest Loan
Documents concerning the applicable Low - income House plus
(d) any amounts held in Trust by the Town for said
purpose.
Notwithstanding the foregoing, if the Town sells to a Buyer a
Low - income House at a price less than the Town's latest purchase price
i
of said Low - income House, then the amount to be loaned pursuant to
Paragraph VII.B.(b) of this Agreement shall be reduced by said
-difference between the Town's and the Buyer's said purchase prices.
Further notwithstanding the foregoing, the Town may loan to a
Buyer at said resale a lesser amount than that described above if said
lesser amount is all that is necessary to assist a Buyer to be able to
afford a Low- income House (provided that any difference be held in
Trust for future financing needs of potential Buyers, and provided
further that, if interest earned on the Town's original $14,000.00
loan is unnecessary to assist a Buyer to be able to afford a
Low - income House for one year after its deposit into Trust, said
interest may be disbursed to the Town at its request and for deposit
into its Housing Loan Trust Fund).
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The above- described financing shall be secured by a deed of trust
which shall be a second to any Permanent Lender's Lien.
If the Town sells a Low - income House for more than the amount
which the Town most recently paid for said Low- income House, the
amount of the sale price in excess of the Town's latest said purchase
price shall be deposited into the Trust for disbursement as described
in this Agreement.
Nothing in this Agreement shall be construed to require the
Corporation to arrange for Permanent Lenders' and /or NCHFA loans to
help finance resales of the Low- income Houses.
C. Documents.
1. Purchase Contract. The Town shall consummate its
Low- income House sales in material accordance with the terms of a
Purchase Contract; however, the parties agree that said Low - income
House sales must be in accordance with a Grant Agreement between ECD
and Orange County dated April 23, 1990, and a Development Agreement
between the Corporation aro Orange County dated April 30, 1990. Thus,
the parties further agree that, in the event of any divergence between
this Agreement and said Grant Agreement and /or Development Agreement,
this Agreement shall be modified so as to conform with said Grant
Agreement and aforesaid Development Agreement regulations.
2. Deed. At closing of each Town sale of a
Low - income House, the Town shall execute, acknowledge, and deliver to
each Buyer a general warranty deed conveying fee simple title to the
applicable Low- income House free and clear of all encumbrances except
those ordinary and customary encumbrances which do not adversely and
significantly affect title to the said Low - income House, including but
=W*AC
not limited to the Restrictive Covenants, standard utility and right
of way easements, the lien for the then current year's ad valorem
taxes, and those other encumbrances described in this Agreement.
3. Lien Waivers. At closing of each Town sale of
each Low- income House, the Town shall execute and deliver appropriate
lien waivers reasonably satisfactory to a title insurance company as
may be required for a standard title insurance policy insuring the
interest of the Permanent Lender under the Permanent Lender's Lien.
4. Shared- EcfuitV Agreement. At closing of each Town
sale of a Low- income House, the Town shall purchase from each Buyer of
each Low- income House, for the Town's use described below, a share of
the equity and appreciation of the Low- income House then being
purchased and rights of refusal to buy said Low- income House; and the
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Town and each said Buyer shall enter into and record in Orange County
an agreement related thereto in material and accordance with the terms
of a Shared Equity Agreement. At said closing, said Buyer also shall
execute and deliver a memprandum of the rights granted in the Shared
Equity Agreement and a deed of trust in material accordance with the
terms of Exhibit N, the purpose of said deed of trust being to give
Buyer's interest in said Low- income House as security for Buyer's
performance of his Shared Equity Agreement.
5. Town's Note and Deed of Trust. The loan from the
Town to each Buyer described in Paragraph VII.B. will be evidenced by
a separate note and deed of trust, said note being payable with
interest as described in the note in Exhibit G (i.e., Loan Documents).
6. Other Lenders' Forms. At closing of each Town
sale of a Low- income House, the parties intend that each Buyer shall
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execute and deliver the Loan Documents and, with Buyer's consent and
if applicable, these loan documents:
(a) a promissory note secured by the Permanent
Lender's Lien in an amount equal to the loan provided to the Buyer by
the Permanent Lender; and
(b) such other documents as are reasonable and
necessary in connection with the Permanent Lender's loan.
7. Request Notice. At closing of each Town sale of a
Low - income House, the Town shall execute and record at the orange
County Register of Deed' s of f ice a request notice for sale under any
Permanent Lender's Lien in a form materially similar to Exhibit L
attached to, and incorporated into, this Agreement.
8. Miscellaneous Documents. The Town shall execute
and deliver such ordinary and customary closing documents as are
reasonably necessary to give effect to the terms of this Agreement and
as are required in connection with Permanent Lender's loan.
D. Permitted V lue Calculations. At each resale of a
Low - income House, the Town shall review any improvements made to said
Low - income House to determine their propriety and Permitted Value as
described and defined in the Shared Equity Agreement.
E. Marketing. The Administrator shall market the resales
of Low- income Houses by preparing advertising or marketing materials
necessary or convenient for the resale of the Low- income Houses to
Low- and /or Very Low- income Persons, as applicable.
VIII. Trust. After the first resale of any Low-- income House and
in the event that all of the Town's funds described in this Agreement
and earmarked for loans to any subsequent Buyer(s) are not then being
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loaned to a subsequent Buyer in order to qualify him for a loan from a
Permanent Lender so as to be able to afford a Low - income House (except
the monies contemplated for loans pursuant to Paragraph VII. B.(a) of
this Agreement, which monies shall be retained in the Town's Housing
Loan Trust Fund pending allocation pursuant to this Agreement), then
any said funds not so loaned shall be deposited into an
interest- bearing bank account maintained by a financial institution
mutually designated by the Town and the Corporation; provided,
however, that, if the Town' has purchased a Low - income House, it need
not deposit its Equity and Appreciation Share of said Low- income House
(namely, the share received pursuant to the latest applicable Shared
Equity Agreement) until said Low- income House is resold, in which
event the amount to be deposited related thereto shall be the amount
equal to said Equity and Appreciation Share less the amount loaned
pursuant to Paragraph VII.B.(b) of this Agreement for said Low - income
House: less any difference between the Town's latest and the latest
Buyer's purchase prices Ifor said Low- income House. Except as
otherwise provided in this Agreement and so long as this Agreement
remains in effect, the bank account and the Town's Equity and
Appreciation Shares shall be used solely as funds to be loaned to
Low- income Persons pursuant to the terms of similar low- income
home - ownership programs so as to enable said Low - income Persons to
qualify for a loan from a Permanent Lender and to purchase a
Low - income House or, if none, similar housing. If this Agreement is
terminated, said funds shall be used in a manner directed by the
Corporation and only for the public purpose of promotion, development,
improvement, preservation, or sale of housing for Low- income Persons.
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The terms of this paragraph shall survive termination of this
Agreement.
IX. Assignment. The Town and /or the Corporation may assign its
or their rights and obligations hereunder to any North. Carolina
nonprofit corporation whose purposes include the promotion,
development, improvement, preservation, or sale of housing for Low -
and/or very Low- income Persons on condition that, in the case of the
Town assigning its rights and obligations, said nonprofit corporate
assignee is subject to the control of the Town, under the terms of a
performance agreement with the Town, in its exercise of its rights and
performance of its obligations hereunder and, if such assignee is
unable and /or unwilling to perform the obligations so assigned, the
Town's said assignment will provide that it will be null and void and
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the Town will resume its duties and obligations as described in this
Agreement.
X. Town's Duties Regarding a Breach by Buyer.
A. Whenever a Auyer breaches his Shared Equity Agreement,
the Loan Documents, or the terms of any note and /or deed of trust
wherein the Buyer's Low- income House is given as security, the Town
will use its best efforts to enforce the terms of the Shared Equity
Agreement and Loan Documents so as to promote the full force and
effect to the terms thereof and this Agreement, including but not
limited to, if reasonable and warranted, suing the Buyer for specific
performance and any other lawful causes of action, proceeding to
foreclosure as permitted, and /or exercising its option to purchase the
Low- income House.
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B. In the event of any foreclosure of a Low- income House
wherein the Buyer fails to exercise its right of redemption, the Town
will buy said Low- income House at said foreclosure sale, provided that
the purchase price shall not be in excess of the fair- market value of
said Low- income House. For purposes of this paragraph, the
fair - market value of said Low- income House shall be deemed to be the
Updated Fair Market Value (as defined in Exhibit H) of the Low - income
House most recently purchased by the Town pursuant to a Buyer's Notice
of Intent to Sell (as described in Exhibit H) or, in the event of a
foreclosure prior to any purchases by the Town pursuant to any said
Notice of Intent to Sell, then $114,000.00.
C. If the Town becomes owner of a Low- income House either
via a negotiated settlement, court order, judgment, foreclosure,
i
taking a deed in lieu of foreclosure, or an exercise of an option to
purchase, the Town shall proceed with performance of this Agreement as
though the Town had purchased the Low- income House via exercise of its
right of first refusal Wescribed in the applicable Shared Equity
Agreement). If a Low - income House is in foreclosure and the Town does
not become the owner of the Low- income House either via the
foreclosure or taking a deed in lieu of foreclosure, the Town shall
hold its proceeds from the' foreclosure sale in Trust and apply said
proceeds plus interest earned thereon to enable prospective Buyers to
purchase other Low- income Houses pursuant to the terms of this
Agreement.
XI. Default and Remedies. The Town shall be in Default if it
fails or refuses to comply with, or if it hinders the performance of,
any of the provisions required to be performed by it pursuant to the
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S1
terms of this Agreement. If the Town is in Default, the Town shall
have the right to cure, end, or remedy the Default within 30 calendar
days after receipt of written notice to the Town specifying in detail
such Default and requesting the Town to cure, end, or remedy the
Default, provided, however, that, if the Default is not susceptible of
being cured within 30 calendar days despite the best efforts and due
diligence of the Town to cure, end, or remedy the Default, then the
Town shall be entitled to effect such cure, end, or remedy within such
time period as is- reasonable under the circumstances, provided that
the Town commences to cure, end, or remedy within such 30 -day period
and proceeds with its best efforts and due diligence in connection
therewith, and provided that the Corporation suffers no damage, loss,
cost, or expense from such efforts to cure, end, or remedy. The Town
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shall document its efforts made to the reasonable satisfaction of the
Corporation, and the Corporation shall permit the Town to continue to
use its best efforts and all due diligence to cure, end, or remedy the
Default in the shortest time possible, not to exceed an additional 60
calendar days under any circumstances, and provided that the
Corporation suffers no damage, loss, cost, or expense from such
efforts to cure, end, or remedy. If, after said cure period, the Town
has not cured, ended, or remedied the Default, the Corporation, at its
sole option and in addition to any other remedies allowed in law and
in equity, may require the Town, with or without terminating this
Agreement, to assign and /or convey, as the case may be, to the
Corporation all of its right, title, and interest in and to the
Low- income House(s) and all Shared Equity Agreements, Loan Documents,
other contracts, and Trust funds arising out of this Agreement to
MWX M
which the Default relates, the purpose of this provision being that,
by assuming the Town's rights, title, and interest in said house(s),
contracts, and funds, the Corporation will have the right and ability
to fulfill the goals espoused by this Agreement as to the Low - income
House(s) to which the Default relates. If such assignment occurs, the
Corporation will attempt to mitigate its damages by using good faith
efforts to perform the obligations of the Town required prior to said
assignment and /or conveyance as to the Low- income House(s) to which
the Default relates. Notwithstanding the foregoing, if the
Corporation opts to require the Town to assign to it all of the Town's
right, title, and interest in and to all contracts involving the
Low- income House(s) to which the Default relates, the Town shall be
entitled to collect from the Corporation upon the Corporation's
receipt thereof the Town's share of the principal balance due pursuant
to the terms of the Loan Documents and this Agreement, namely, at each
resale of said Low - income House(s), the Town shall receive that
portion of its $14,000.00 a.oan which is not reinvested pursuant to the
terms of Paragraph VII.B. and Exhibit 0.
The Corporation shall be in Default if it fails or refuses to
comply with any of the provisions required to be performed by it
pursuant to the terms of this Agreement. If the Corporation is in
Default, which Default is not cured, ended, or remedied within 30
calendar days of written notice to the Corporation specifying in
detail such Default and requesting the Corporation to cure, end, or
remedy the Default, the Town may pursue and enforce against the
Corporation any remedies available to it in law and in equity;
provided, however, that, if the Default is not susceptible of being
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&l
cured within 30 calendar days despite the best efforts and due
diligence of the Corporation to cure, end, or remedy the Default, then
the Corporation shall be entitled to effect such cure, end, or remedy
within such time period as is reasonable under the circumstances,
provided that the Corporation commences to cure, end, or remedy within
such 30 -day period and proceeds with its best efforts and due
diligence in connection therewith, and provided that the Town suffers
no damage, loss, cost, or expense from such efforts to cure, end, or
remedy. The Corporation' shall document its efforts made to the
reasonable satisfaction of the Town, and the Town shall permit the
Corporation to continue to use its best efforts and all due diligence
to cure, end, or remedy the Default in the shortest time possible, not
to exceed an additional 60 calendar days under any circumstances, and
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provided that the Town suffers no damage, loss, or expense from such
efforts to cure, end, or remedy. If, after said cure period, the
Corporation has not cured, ended, or remedied the Default, the Town,
at its sole option, may eyercise any and all remedies allowed in law
and in equity in order to enforce its rights stated in this Agreement.
The parties agree that, in the event of a party's uncured
Default, the defaulting party shall pay to the other party all of its
damages suffered and reasonable costs, expenses, and attorneys' fees
incurred in the enforcement of its rights under this Agreement.
All parties retain all remedies and rights at law or in equity
for a Default, including, but not limited to, actions for damages,
injunction, and specific performance.
Notwithstanding the foregoing, if after designating a house as a
Low- income House the Corporation is unable after having made good
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WO
faith efforts to sell the said Low - income House to a Buyer for four
months,, then the Corporation without any liability to the Town may (a)
rent such Low-- income House to a Low - income Person prior to its sale,
or (b) sell the Low - income House to a person or family not meeting the
qualification threshold criteria described in this Agreement, provided
that the buyer(s) shall not be entitled to the financing described in
Paragraph V, nor must the buyer(s) enter into a Shared Equity
Agreement, and, if the buyer(s) does /do not enter into a Shared Equity
Agreement, the Town shall have no obligations arising out of said
Low- income House until it is sold to a Low - income Buyer pursuant to
the terms of a Purchase Contract and Shared Equity Agreement. In the)
event of such a sale to a buyer who has not met the said qualification)
i
threshold, the Corporation shall be liable to Orange County, ECD, and
NCHFA for any monies which may be determined to be owing due to
ineligibility of use of CDBG and /or NCHFA funds arising therefrom.
Further notwithstanding the foregoing, if the Town purchases a
Low- income House and if the Town is unable to sell said Low- income
House to a Buyer after having made good faith efforts to sell the said)
Low - income House for one year, then the Town may without liability to
the Corporation therefor (a) prior to its sale, rent such Low - income
House to a person or family with income(s) below, or (b) sell said
Low - income House to a person or family whose Income exceeds 80% of the
median annual income for the Raleigh - Durham Non- metropolitan
Statistical Area of North Carolina for such number of persons as
determined by HUD, but in no event may such buyer's Income exceed 100%
of such median, in no event shall such buyer be entitled to the
financing discussed in Paragraph VII of this Agreement, and in every
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said event the Low-income-House shall be sold pursuant to the terms of
a Shared Equity Agreement such that, at resale, the Town again shall
resume its obligation to attempt to resell the Low- income House to a
Buyer pursuant to the terms of this Agreement. In the event of such a
rental or sale, the Town shall: (i) reimburse Orange County, ECD, and
NCHFA for any expenses, costs, damages, penalties, or other sums which
may be determined to be due arising therefrom, including but not
limited to sums ineligible for use as CDBG and /or NCHFA funds as used
by the Corporation and B /buyers of Low - income Houses; and (ii) deposit
all rental income, and amounts of the sale price in excess of the
Town's latest purchase price, related thereto into the Trust for
disbursement as described in this Agreement.
XII. Miscellaneous Provisions.
A. Commitment to Low- income Persons. The Corporation had
intended to keep the Low- income Houses affordable to Buyers and to
make the Low- income Houses increasingly more affordable to Very
Low - income Persons either by selling the Low- income Houses subject to
a ground lease that contains resale price restrictions or entering
into Shared Equity Agreements so as to be able to re- purchase the
Low - income Houses then reinvest loan proceeds and a large portion of
the Low - income Houses' equity and appreciation into the Low - income
Houses at resale. To further the goal of keeping the Low - income
Houses affordable to Low- income Persons and making the Low- income
Houses increasingly more affordable to Very Low- income Persons, and in
exchange for the ability to reinvest a large portion of the Low- income
Houses' equity and appreciation (as described in Exhibit H) at future
sales of Low- income Houses, the Town agrees and covenants with the
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Corporation that the Town, as a housing authority, will obligate
itself, among other ways, all of which being described in this
Agreement: to finance partially the initial purchases of the
Low - income Houses as described in this Agreement, to exercise its
rights of first refusal to insure compliance with the terms of this
Agreement, to re -sell the Low- income Houses to Low- and Very
Low- income Persons as is necessary to insure compliance with the terms
of this Agreement, to finance partially the Low- and Very Low - income
Persons' future purchases'of the Low- income Houses in amounts and on
terms described in this Agreement (which amounts may include part of
the Town's original mortgage balance for each Low - income House plus
the Town's Equity and Appreciation Share of each Low - income House), to
require that the Low - income Houses be used as owner - occupancy
residences rather than for rental purposes, and generally to
administer the Low - income House sales transactions as described in
this Agreement so as to effect the goals stated in this Agreement,
namely, that the Low - income Houses shall be available to Low- income
Persons, and shall become increasingly more available to Very
Low- income Persons, throughout the term of this Agreement. The Town
and the Corporation agree that the Town's agreement to facilitate this
availability is one of the considerations for the Corporation's
agreement to arrange for the Town's Equity and Appreciation Share in
and rights to purchase.the Low- income Houses (as described in Exhibit
H); thus conveyance of the Low - income Houses or any portion thereof
shall be for the purposes stated or referred to in this Agreement, and
none of the Low - income Houses shall be resold or conveyed or
encumbered in any manner in violation of the terms, covenants,
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conditions, and restrictions of this Agreement. No provision of this
Agreement is intended to or shall be merged by reason of any deed (s)
conveying title to any (or all) Low- income House(s) from the
Corporation or any others) to the Town or any other(s), or from the
Town or any other(s) to the Corporation or any other(s), and each such
deed shall not be deemed to affect or impair the provisions of this
Agreement.
The Town and the Corporation acknowledge that the effect of this
Agreement is that the Town, in exchange for a share of the equity and
appreciation of each Low- income House and the opportunity to reinvest
its investment in said Low- income Houses to help insure their
continued affordability to Low- income Persons, will preserve and
increase the availability of the Low- income Houses for the purchase by
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and residential use of Low- and Very Low- income Persons through said
reinvestment in the Low- income Houses of the Town's Equity and
Appreciation Share and, in herein - defined instances, original mortgage
balance until termination wof this Agreement. Thus the Town and the
Corporation agree that the Town's failure to make any Low - income House
so available is a breach of this Agreement as to said Low - income House
such that the Town will be in Default as to said Low- income House.
The Corporation agrees and covenants with the Town that it will enter
into contracts requiring that the Town receive a share of the equity
and appreciation of and a right of first refusal to purchase each
Low - income House (i.e., pursuant to the terms of a Shared Equity
Agreement) only if, when the Town is in Default as to any Low- income
House, the Town, at the Corporation's request, shall assign and /or
convey, as the case may be, to the Corporation its interest in the
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Low- income House and the Shared Equity Agreement, the Loan Documents,
and the Trust funds relating to said Low- income House in which the
Town has an interest; and the Corporation may pursue such other
remedies available to it in accordance with law, equity, and /or this
Agreement.
B. Term. This Agreement, unless sooner terminated as
provided herein, shall terminate on the 100th anniversary date of this
Agreement, or, if North Carolina law requires that this Agreement
and /or any rights granted in this Agreement be otherwise limited in
duration, this Agreement shall expire twenty years after the death of
the last survivor of these persons: the children living as of the
date of this Agreement of the directors and officers of the
Corporation.
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C. Early Termination. In addition to other causes of
early termination as stated in this Agreement, this Agreement shall
terminate when economic conditions change such that the average cost
of a house in Chapel Hill,.6orth Carolina, is less than 150% of 80% of
the median income for the Raleigh - Durham Non - metropolitan Statistical
area for North Carolina fora family of four as determined, from time
to time, by HUD. In the event of such an early termination of this
Agreement, the Town shall distribute the monies hereinafter described
according to this schedule, which provisions shall survive termination
of this Agreement: it shall distribute to the Town promptly upon
receipt the Town's share of the Loan Document proceeds; it shall
distribute to the Trust promptly upon receipt all of the monies it
thereafter receives pursuant to the terms of all Shared Equity
Agreements hereunder, then contracted for, and /or outstanding; and it
- 35 -
T
Fri
shall distribute to the Trust all of the monies it thereafter receives
or which it has received but not yet reinvested pursuant to this and
all Shared Equity Agreements hereunder, then contracted for, and /or
outstanding.
D. Town's Power Authority, and Certifications. In
entering into, undertaking, and carrying out this Agreement, the Town
is exercising to the fullest extent, without limitation or waiver of
any and all other powers and authority which the Town may have and
enjoy by statute, charter, local act, or common law, its powers and
authority granted to it by State statute, local act, or its charter,
including without limitation the power and authority to act as a
housing authority pursuant to N.C.G.S. Section 157- 4.1(a). The Town,
through its Town Council, has approved, has authorized, and adopts
i
this Agreement; has authorized the Town Manager and Town Clerk to
execute and deliver this Agreement; and has authorized and empowered
the Town Manager and the Town staff to take- such action on behalf of
the Town, as the Town Is..authorized representative (s) as may be
necessary or desirable to perform and carry out the provisions of this
Agreement, as shown in Town Resolution No. The Town shall
expedite to the fullest, extent practical its consideration of all
necessary applications, reviews, processing, schedules, and regulatory
matters, consents, and approvals. The Town certifies to the
Corporation the availability of funds in the amount necessary to
provide a $14,000.00 loan to 17 Buyers of Low- income Houses, the
Town's intention to use its best efforts over the next fiscal year
(prior to each sale of subsequent Low- income Houses) to provide or
assist in raising funds in the amount necessary to provide a
- 36 -
i
F31 �
$14,000.00 loan for 13 additional Buyers of Low- income Houses, that
all necessary and appropriate budgetary requirements will have been
met for all of said loans prior to the applicable dates of the Buyers'
purchases of the Low- income Houses, that all necessary and appropriate
legal requirements have been met, and that the Town, through its Town
Council, has directed all appropriate Town boards and commissions, and
the Town Manager has directed the appropriate Town staff, employees,
and agents, to give review and processing of the subdivision project
at the Property the highest practical priority.
E. Representations and Warranties of the Corporation. The
Corporation warrants and represents to the Town, which warranties and
representations shall survive the execution and delivery of this
Agreement:
1. The Corporation is duly formed and validly existing
in good standing under North Carolina law;
2. The Corporation has all necessary corporate power
to enter into, execute, de4iver, and perform this Agreement;
3. The execution, delivery, and performance of this
Agreement will not result in a breach or violation of any lien,
promissory note, or any other agreement or any charter or by -law
provision of the Corporation by which either the Corporation or its
property is bound;
4. The Corporation is taking all necessary corporate
steps and actions to authorize the execution, delivery, and
performance of this Agreement; and
5.
No litigation is
pending. or, to
the knowledge
of
the Corporation,
threatened which,
if decided
adversely to
the
- 37 -
C
1 407
Corporation, would materially adversely affect the Corporation's
financial or business condition or affect adversely the ability of the
Corporation to perform its obligations under this Agreement.
F. Representations and warranties of the Town. The Town
represents and warrants to the Corporation, which representations and
warranties shall survive the execution and delivery of this Agreement,
that:
1. The Town is a municipal corporation duly formed
under North Carolina law;'
2. The Town has all necessary power under State
statutes and under its Charter, as amended, to enter into, execute,
deliver, and perform this Agreement (and the acts, actions, and
transactions referred to in and contemplated by this Agreement) and
r
has duly and validly authorized the same;
3. The Town has the power and authority to enter into,
.execute, deliver, and perform Shared Equity Agreements pursuant to and
consistent with the terms jnd provisions of this Agreement;
4. The Town has. the power and authority to purchase
and to sell any Low- income House pursuant to the terms of its
contemplated rights of first refusal and this Agreement;
5. No litigation is pending or, to the knowledge of
the Town, threatened, nor is there any basis for any litigation, which
questions, disputes, or affects adversely the power, authority, and
ability of the Town to enter into and perform this Agreement;
6. The execution, delivery, and performance of this
Agreement will not result in or cause the breach or violation of any
Town Charter provisions or any provision of any bond, order, trust
- 3s -
M
agreement, lien, indenture, pledge, or other agreement(s) to which the
Town is a party or by which the Town or its property is bound; and
7. The Town has approved the Corporation's subdivision
application for the Property, and as of the date of this Agreement the
Corporation has met and is in compliance with all subdivision,
development, land use, and other related restrictions and ordinances.
G. Indemnity. The Corporation shall indemnify and hold
harmless the Town and its agents, officers, and employees from all
claims, actions, suits, and judgments arising out of and as a result
of any and all representations and activities of the Corporation
relating to its marketing of the Low- income Houses.
The Town agrees, to the fullest extent allowed by law, to
indemnify and hold harmless the Corporation and its agents, officers,
t
and employees from all claims, actions, suits, and judgments arising
out of or in connection with application of the Town's qualifications
selection criteria for Buyers of the Low- income Houses and /or
representations of the Tow.a and /or its agents, officers, and employees
in its marketing of the Low - income Houses.
H. Condemnation., If the whole or any part of a Low - income
House shall be condemned or taken under the power of eminent domain or
claim for damages, direct or consequential, or shall be sold by the
Town or a Buyer under threat of condemnation proceedings, then any
award or sale price for the taking or such sale of all or any part of
such Low -- income House which is made to the Town or distributed to the
Town by law or according to the terms of any Shared Equity Agreement
(except any said funds payable to the Town pursuant to the Loan
Documents, which payments are expressly excluded from the requirements
�kj=
of this paragraph) shall be held in Trust and the proceeds, together
with interest thereon, shall be reinvested in a Low- income House at
its resale or, if none, then in_ a manner as instructed by the
Corporation, provided that the manner is consistent with the purposes
and goals espoused by this Agreement. The Town shall notify the
Corporation within ten days of receipt of any notice of condemnation
or of the intention or threat of condemnation.
I. Insurance Proceeds. If the whole or any part of a
Low- income House shall be damaged or destroyed by fire or other
casualty, the damage for which is covered by insurance, and if any
insurance proceeds are made to the Town or distributed to the Town
according to the terms of the applicable insurance policy or any
Shared Equity Agreement (except any said funds payable to the Town
i
pursuant to the Loan Documents, which payments are expressly excluded
from the requirements of this paragraph), said insurance proceeds
shall be held in Trust and the proceeds, together with interest
thereon, shall be reinvested in a Low- income House at its resale or,
if none, then in a manner as instructed by the Corporation, provided
that the manner is consistent with the purposes and goals espoused by
this Agreement. The Town shall notify the Corporation within ten days
of receipt of any notice of any damage or destruction of any
Low - income House that is insured.
J. Evidence of Consent. Whenever the consent, approval, or
other action necessary to be taken by the Town is required to be
evidenced by a writing, the Corporation may rely on a certificate or
other writing to such effect reasonably believed by the Corporation to
have been signed by the Town Manager or the Town Planning Director,
- 40 -
except where such consent, approval, or other action is required by
this Agreement to be given, granted, or taken by.the Town Council, in
which case any written evidence of the taking of such action shall be
evidenced by a resolution, ordinance, or other action evidencing such
consent, approval, or other action, to which a certificate of the Town
Clerk shall be attached. Any consent or approval required by this
Agreement to be given by the Corporation shall be sufficient if
evidenced by a certificate executed by the Corporation's president,
vice - president, or Runyon Woods.
K. Additional Documents. The parties covenant and agree to
cooperate with each other and to execute, acknowledge, and deliver any
additional documents and instruments necessary or appropriate to carry
into effect the intent of this Agreement.
t
L. Notices. All notices or other communications required
or permitted by this Agreement shall be in writing and shall be
sufficiently given if hand - delivered or sent by registered or
certified mail, postage pro -paid:
1. if to the Town, addressed to:
Town of Chapel Hill
306 North Columbia street
Chapel Hill, North Carolina 27514
Attention:
2. if to the Corporation, addressed to:
The Culbreth Park Community
Development Corporation
312 West Franklin Street
Chapel Hill, North Carolina 27516
Attention: Mr. Adam Stein, Director
- 41 -
V
With copy to:
Parker, Poe, Adams & Bernstein
One Exchange Plaza
Post Office Box 389
Raleigh, North Carolina 27602 -0389
Attention: Terri Toth McKee
or to such other address as any party shall have designated in writing
to the other party.
M. Binding Effect. This Agreement shall be binding on and
shall inure to the benefit of the Town, the Corporation, and their
respective successors and assigns.
N. Severability. If any court having jurisdiction shall
declare or order any provision of this Agreement to be invalid, void,
ultra vices, illegal, or unenforceable whether as to scope, time
i periods, or any other matter, and if such court shall declare or
determine the scope, time period, or other matter which it deems
valid, authorized, and enforceable, the invalid or unenforceable
scope, time period, or other matter shall be deemed to be changed to
r
that scope, time period, or other matter declared or determined by
said court to be valid and enforceable; or if a court of appropriate
jurisdiction declares or orders any provision of this Agreement is or
may be invalid, void, ultra vires, illegal, or unenforceable without
declaring or determining the scope, time period, or other matter which
it deems valid, authorized, and enforceable, then, in such event, the
parties either shall amend this Agreement to the minimal extent
necessary to enable the Agreement to be deemed valid, authorized, and
enforceable, or the parties respectfully shall request that, prior to
reaching or rendering judgment on the matter, such court issue a
special interrogatory to the Town Council and to the Corporation
- 42 -
5a
directing them to advise the court, upon and after consultation with
each other, whether in their opinion and judgment such provision is
severable from the rest of the Agreement. If the parties so amend
this Agreement or concur that any such provision is so severable., then
the parties request that the court change or delete said provision, or
the application thereof to any person(s) or circumstance(s); that the
remainder of this Agreement, and the application of such provision to
any persons or circumstances other than those as to which it is held
invalid, unauthorized, or unenforceable, shall not be affected
thereby; and that each other provision of this Agreement shall be
valid, authorized, and enforced to the fullest extent permitted by
law.
0. Modifications. This Agreement may be amended only by an
t
agreement in writing signed by the duly authorized agents of the Town
and the Corporation, or their respective successors or assigns.
P. Headings. The paragraph headings used in this Agreement
are for reference purposes only. They are not substantive terms of
this Agreement.
Q. Relationship of Parties. The Town and the Corporation
state and agree that, notwithstanding the fact that the Town and the
Corporation both shall provide effort and funds pursuant to this
Agreement, no agreement of partnership is intended by this Agreement
and nothing in this Agreement shall constitute the Town as the partner
of the Corporation or constitute either party the agent of the other
such as to permit or empower the Town or the Corporation to bind the
other to financial or other obligations to third parties or to
constitute or give rise to any joint ownership between the parties of
- 43 -
Ft
the Property. Notwithstanding the foregoing, the parties acknowledge
the Trust relationship described in this Agreement.
R. Entire Agreement. Except to the extent that this
Agreement incorporates by reference any other writings or other
documents, and except to the extent that this Agreement contemplates
the provision of documents and agreements which have not as of this
date been prepared, this Agreement and all the exhibits contain the
entire agreement between the parties in respect to the matters
discussed in this Agreement; and no oral representations, writings, or
other matters exchanged prior to the execution of this Agreement,
except those specifically referred to or incorporated in this
Agreement by reference, shall constitute any part of this Agreement.
Any and all prior agreements relating to the transaction described in
t
this Agreement are superceded in their entirety by this Agreement,
unless otherwise stated in this Agreement.
S. Attorney's Fees. Each party is liable for its own
attorney's fees incurred in the negotiation, drafting, and execution
of this Agreement.
T. Governing Law. This Agreement shall be governed by and
construed in accordance with North Carolina law.
U. Counterparts/Duplicate Originals. This Agreement may be
executed in counterparts and five duplicate originals, each of which
shall be deemed an original document and binding on the parties.
IN WITNESS WHEREOF, the parties have authorized this Agreement to
be signed under seal as of the day and year first above written.
- 44 - '
t
-5`%
TOWN OF CHAPEL HILL,
a North Carolina municipal
corporation (SEAL)
(TOWN SEAL) By: (SEAL)
Town Manager
Attest:
(SEAL)
Town Clerk
Approved:
Town Attorney
SIGNATURES ARE CONTINUED HERE FOR THE AGREEMENT BETWEEN
THE UNDERSIGNED AND THE TOWN OF CHAPEL HILL DATED , 1990
THE CULBRETH PARK COMMUNITY
DEVELOPMENT CORPORATION,
a North Carolina nonprofit
corporation (SEAL)
(CORPORATE SEAL) By: (SEAL)
President
Attest:
(SEAL)
Secretary
PA
ORANGE COUNTY, a Body Politic
APPROVED: and Corporate (SEAL)
By: (SEAL)
Chair, Board of County
County Attorney Commissioners
Attest:
(SEAL)
County Clerk
This Agreement has been pre - audited in the manner required by the
Local Government Budget and Fiscal Control Act.
- 45 -
Finance Officer
Q m
NORTH CAROLINA
ORANGE COUNTY
Notary Public for said County
and State, certify that personally came
before me this day and acknowledged that he is Town Clerk of the Town
of Chapel Hill, a North Carolina municipal corporation, and that by
authority duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its Town Manager, sealed with its
town seal, and attested by himself /herself as the Town Clerk.
Witness my hand and official stamp or seal, this the day of
, 1990.
Notary Public
My Commission Expires:
NORTH CAROLINA
ORANGE COUNTY
I' Notary Public for said County
and State, certify that personally came
before me this day and acknowledged that he is Secretary of The
Culbreth Park Community Development Corporation, a North Carolina
corporation, and that by authority duly given and as the act of the
corporation, the foregoing- instrument was signed in its name by its
President, sealed with its corporate seal, and attested by
himself /herself as its Secretary.
Witness my hand and official stamp or seal, this the day of
1990.
My Commission Expires:
[AHP1:Agreementl:ajs]
Revised: 10/17/90
- 46 -
Notary Public
EXHIBIT LIST
EXHIBIT
A
Real Property Description
EXHIBIT
B
Engineering Blueprints, Specifications, and
Plats
EXHIBIT
C
Budget
EXHIBIT
D
Owner Income Table
EXHIBIT
E
Affordable Housing Data Input Form
EXHIBIT
F
Offer to Purchase and Contract
EXHIBIT
G
Town Note and Deed of Trust
EXHIBIT
H
Shared Equity Agreement with Rights of Refusal
EXHIBIT
I
Permanent Lender Documents
EXHIBIT
J
NCHFA Third Mortgage Documents
EXHIBIT
K
NCHFA Mortgage Certificate Forms
EXHIBIT
L
Request for'Notice of Sale
EXHIBIT
M
Residency Affidavit
EXHIBIT
N
Memorandum of Rights and Deed of Trust for Shared
Equity Agreement
EXHIBIT
0
Town's $14,000.00 Loan Percentages (based
on year of resale)
EXHIBIT
P
Construction Schedule
EXHIBIT
Q
Restrictive Covenants
M,
[AHP1:Exhibit List:ajs]
Revised: 10/17/90
a
51
EXHIBIT A
BEING all that certain tract or parcel of land in Chapel Hill
Township, Orange County, North Carolina, containing 17.80 acres,
more or less, and more particularly described as follows:
BEGINNING at an iron in the Southern margin of Culbreth Road,
corner with the Chapel Hill Board of Education Culbreth Junior
High School property, N.C. Grid Coordinates 779,466.19 and
1,980,460.55 and running thence along and with the Southern
right of way of Culbreth Road, South 77 deg. 45' 2811 East 133.09
feet to a stake; thence continuing with the Southern right of
way of Culbreth Road along a curve to the left having a radius
of 735.00' through a central angle of 38 degrees 08' 3010, with a
chord distance of 480.30' bearing N 83 degrees 10' 17" East, for
an arc distance of 489.291 to a new iron pipe; thence with the
line of First Financial Service Corp. of Raleigh South 00 deg.
041 32 West 462.57 feet to a stake; thence South 85 deg. 23. 1
03" East 571.56 feet to a stake; thence along Wilson Creek
and /or the J.B: Bennett Heirs' property the following courses
and distances: South 35 deg. 12' 25" West 50.58 feet to a
stake; thence South 08 deg. 41' 32" West 121.50 feet to a stake;
thence South 47 deg. 58' 28" East 73.05 feet to a stake; thence
South 21 deg. 501 20" East 74.55 feet to a stake; thence South
52 deg. 41' 0211 West 674.89 feet to a stake; running thence
along Fan Creek' and the Ruby H. Merritt property North 70 deg.
211 3911 West 138.19 feet to a stake; thence South 54 deg. 50'
32" West 150 feet to a stake in the margin of the Ruby H.
Merritt property; running thence with Virginia H. Grantham's
line North 52 deg. 581 48" West. 325.96 feet to a stake; running
thence with the Chapel Board of Education Culbreth Junior High- -
School property North 22 deg. 54' 45" East 364.82 feet to an
iron; running thence North 24 deg. 18' 23" West 735.61 feet to
an iron in the southern margin of Culbreth Drive, the point and
place of BEGINNING, according to plat and survey prepared by
Freehold Land Surveys, Inc. recorded in May Book 55, pages 59
through 62, Orange County Registry. c
[AHP2:ExhibitA:ajs]
—= rP
E
1
ORANGE COUNTY
BOARD OF COMMISSIONER$
Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No.�X—A
Meeting Date: December 3, 1990
SUBJECT: Animal Control Penalties
--------------- - - --
DEPARTMENT: Health - Animal Control PUBLIC HEARING YES: NO: X
--
ATTACHMENT(S): INFORMATION CONTACT: - --
Health Department policy for TELEPHONE NUMBER-
collection of unpaid Animal Control Hillsborough - 732 -8181
civil penalties. Chapel Hill - 968 -4501
Mebane - 227 -2031
Durham - 688 -7331 EXT. 2076
-- •---------------------- - --- --
PURPOSE:
To request authority from the Board to bring civil suits on behalf of the County
for unpaid Animal Control penalties.
BACKGROUND:
Since the implementation of the 1988 Animal Control Ordinance, approximately sixty
civil penalties remain unpaid. The ordinance states that civil action may be
commenced to recover the cost of the penalty. At the July 26, 1990 meeting, the
Board of Health adopted a policy for the collection of unpaid Animal Control civil
penalties (see attachment.)
RECOMMENDATION(S):
To grant authority to the Animal Control Director to pursue civil action to
recover the costs of unpaid Animal Control civil penalties and to make periodic reports
to the Board regarding collection actions taken.
FA
ANIMAL CONTROL
POLICY FOR THE COLLECTION OF UNPAID CIVIL PENALTIES
PURSUANT TO SECTION NYI OF THE ORANGE COUNTY ANIMAL CONTROL
ORDINANCE, CIVIL ACTIONS MAY BE COMMENCED IN THE NAME OF
ORANGE COUNTY BY THE ANIMAL CONTROL DIRECTOR FOR THE
COLLECTION OF UNPAID PENALTIES.
VIOLATORS WHO HAVE NOT PAID THE PENALTY WILL BE INFORMED THAT
PAYMENT IS DUE AND THAT FURTHER LEGAL ACTIONS MAY BE TAKEN.
.
REQUESTS WILL BE TAKEN INTO CONSIDERATION FOR PAYMENT OVER A
PERIOD OF TIME BY THE ANIMAL CONTROL DIRECTOR, IF IT CAN BE
SHOW'S THAT THE PERSON ISSUED THE PENALTY HAS TAKEN MEASURES
TO COMPLY TO THE ANIMAL CONTROL ORDINANCE.
ERJ
CIVILACT•DOC
1
t
ORANGE COUNTY .
BOARD OF COMMISSIONERS
Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No.
Meeting Date: December 3, 1990
SUBJECT: COMMISSIONERS' POLICY AND PROCEDURES MANUAL
DEPARTMENT: COUNTY COMMISSIONERS
ATTACHMENT(S): YES - MODIFICATIONS
PUBLIC HEARING YES: NO: X
INFORMATION CONTACT: MOSES CAREY/
BEVERLY BLYTHE
TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane - 227 -2031
Durham - 688 -7331
--------------- - - - - --
PURPOSE: To approve "Rules of Procedure" for the Board of County
Commissioners.
BACKGROUND: The Board of County Commissioners has been operating under the
suggested "Rules of Procedure" for the Board of County Commissioners dated
1978. This publication has -been revised to include several changes since
then in the Open meetings Law and in other statutes. Over the years these
rules of procedure have been tailored to local needs and these
modifications need to be incorporated into this new publication dated
1990. These modifications are listed on the attached pages. Other
modifications may be made by the Board of County Commissioners as desired.
RECOMMENDATION(S): Approve the Rules of Procedure as modified.
2
Modifications to the suggested "Rules of Procedure" for the Board.
of County Commissioners dated June, 1990 are listed below.
R $ 3 (page 7) - exclude "Clerk to the Board shall attend the
executive session ". (If it is necessary for
the Clerk to stay for Executive session, the
Chair will so indicate in the motion to go into
Executive Session).
RULE #4 (page 7) - delete "The Clerk to the board of commissioners
shall call the meeting to order and shall
preside until a chair is elected" and replace
with "The former Chairman shall preside until
a new Chairman is elected ".
delete the remainder of this paragraph and
replace with "The first order of business shall
be approval of the minutes by the old Board.
The second order of business shall be any
special recognition or presentation for the
outgoing Commissioners. The newly elected
members of the board shall take and subscribe
the oath of office as the third order of
business. As the fourth order of business, the
board shall elect a chair and vice -chair from
its members. The bonds of the register of
deeds, the sheriff, and the coroner shall be
approved under the items for decision on the
regular agenda
RULE #6(A) (page 8) Delete the first three lines and replace with
"The Board shall hold a regular meeting on the
first Monday and the third Tuesday of each
month, except that if a regular meeting day is
an Orange County government holiday, the
meeting shall be held on the next County
business day. The first monday meeting shall
be held at the Orange County Courthouse and
shall begin at 7:30 p.m. The third Tuesday
meeting shall be held at the District Courtroom
in Chapel Hill and shall begin at 7:30 p.m."
RULE #9(A) (page 12)
Delete and replace with "The County Manager
shall prepare the agenda for the meeting,
subject to review and approval by the Chairman.
A request to have an item of business placed
on the agenda must be received by 5:00 p.m.
Tuesday of the week prior to the meeting. Any
board member may, by a timely request, have an
item placed on the agenda."
IV
to apply, no provision of law concerning the
call of special meetings applies during that
period so long as (1) each member of the board
has actual notice of each special meeting
called for the purpose of considering the
budget, and (2) no business other than
consideration of the budget is taken up. This
section does not allow the holding of closed
meetings or executive sessions by any governing
board otherwise prohibited by law from holding
such a meeting or session, and may not be
construed to do so.
A B 134 (page 24) ADD a new rule 134 to read as follows: "The
Clerk to the Board shall be the single county
employee responsible for presenting documents
to the Chair for signature, the Clerk shall
review all such documents with the County
Manager and County Attorney before they are
presented to the Chair for execution."
RULE 1-9(B) (page 12)
Add to this paragraph "Copies shall also be
available for members of the public in the
Clerk's office and at the Orange County and
Chapel Hill public libraries ".
Add an additional paragraph as follows: "The
Clerk to the board shall maintain a mailing
list of interested parties and shall mail a
copy of the agenda (without attachments) to
this list. A fee to cover the duplicating and
mailing costs shall be charged to parties
maintained on the list. A copy of the agenda,
and attachments, shall be provided to area
media upon receipt of an annual written
request. The Clerk to the Board shall send a
notice to media recipients prior to
discontinuance of agenda mailings ".
RULE #11 (page 13) Replace in its entirety as follows:
ORDER OF BUSINESS
Items shall be placed on the agenda
according to the "Order of Business." The
Order of Business for each regular meeting
shall be as follows:
I.
Board Comments
II.
County Manager's Report
III.
Additions or Changes to the Agenda
IV.
Audience Comments
A. Matters on the printed agenda
B. Matters not on the printed agenda
V.
Items for Decision - Consent Agenda
VI.
Resolutions or Proclamations
VII.
Special Presentations
VIII.
Public Hearings
IX.
Reports
X.
Items for Decision - Regular Agenda
XI.
Appointments
XII.
Minutes
XIII.
Executive Session
XIV
Adjournment
PUBLIC CHARGE A public charge shall be read each meeting to
set the tone for civil decorum. It shall read:
"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 member to leave
the meeting until that citizen ;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.
RULE #15 (page 15) Revise to read "A motion shall require a
second ".
RULE #23 (page 20) The last sentence shall read "A member who
fails to vote, not having been excused, shall
be recorded as voting in the affirmative ".
RIILL_127 (page 22) Change the title of this section to read
"Adoption of Ordinances, Resolutions,
Proclamations and Orders" and add a second
paragraph to read "A motion shall be adopted
by a majority of the votes cast for any and all
resolutions, proclamations and orders. The
vote shall express the sense of the Board on
a question or issue brought before it and shall
serve as an official declaration of a
particular state of fact or circumstance ".
Add a third paragraph to read as follows:
"With reference to the adoption of the Budget
Ordinance:
(1) Any action with respect to the adoption
or amendment of the budget ordinance may
be taken at any regular or special meeting
of the governing board by a simple
majority of those present and voting, a
quorum being present;
(2) No action taken with respect to the
adoption or amendment of the budget
ordinance or any project ordinance need
be published or is subject to any other
procedural requirement governing the
adoption of ordinances or resolutions by
the governing board other than the
procedures set out in Article 159.1.7.
(3) The adoption and amendment of the budget
ordinance or any project ordinance and the
levy of taxes in the budget ordinance are
not subject to the provisions of any local
act concerning initiative or referendum.
During the period beginning with the submission
of the budget to the governing board and ending
with the adoption of the budget ordinance, the
governing board may hold any special meetings
that may be necessary to complete its work on
the budget ordinance. Except for the notice
requirements of G. S. 143 - 318.12, which continue
s
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. �C,
ACTION AGENDA ITEM ABSTRACT
Meeting Date: DECEMBER 3, 1990
SUBJECT: EXAMINATION OF BONDS
DEPARTMENT: PURCHASING PUBLIC HEARING YES: NO: XX
-----------------------------------------------------------------------
ATTACHMENT(S): INFORMATION CONTACT: PAM JONES
BONDS FOR: EXT. 498
SHERIFF Telephone Number -
REGISTER OF DEEDS Hillsborough - 732 -8181
FINANCE OFFICER Chapel Hill - 967 -9251
TAX COLLECTOR Mebane --227 -2031
BLANKET BOND FOR EMPLOYEES Durham - 688 -7331
----------_------------------------------------------------------ - - - - --
PURPOSE: To examine bonds for officials as prescribed by G.S. 109 -5.
BACKGROUND: G.S. 109 -5 reads as follows:
"The bonds of the officers named in G.S. 109 -5 shall be
carefully examined on the first Monday in December of every
year, and if it appears that the security has been impaired, or
for any cause become insufficient to cover the amount of money or
property or to secure the faithful performance of the duties of
the office, then the bond shall be renewed or strengthened, the
insufficient security shall be made good; but no renewal, or
strengthening, or additional security shall increase the penalty
of said bond beyond the limits prescribed for the term of office."
Bonds are written in the following amounts:
SHERIFF $25,000
REGISTER OF DEEDS 25,000
FINANCE DIRECTOR 30,000
TAX COLLECTOR 250,000
ALL COUNTY EMPLOYEES (for
faithful performance) 250,000 **
* *This coverage is part of the comprehensive policy through the
County Commissioners insurance pool. $250,000 is the standard limit.
4
There have been no incidents or c
impair the security of these band
justification for increasing the
aforementioned positions.
2
.aims during the past year which would
;. Likewise, there appears to be no
limit of bonding associated with the
RECOMMENDATION: Approve bonds at1present levels.
I
PUBLIC OFFICIAL BOND - THE AETNA CASUALTY AND SURETY COMPANY 3
LEI FOR DEFINITE TERM Hartford, Connecticut 06115
LIFE A CASUALTY
BOND NO. 25 S 25044872
KNOW ALL MEN BY THESE PRESENTS,
That we
ALBERT L.
PENDERGRASS
of 400 SEVERIN STREET —
CHAPEL
HILL, NORTH
CAROLINA as Principal,
and THE ATNA CASUALTY AND SURETY COMPANY, a corporation of Hartford, Connecticut, as Surety, are held
and firmly bound unto ORANGE COUNTY, HILLSBOROUGH, NORTH CAROLINA
in the penal sum of TWENTY FIVE \THOUSAND AND NO/ 100---- ----1$ 25,000.00-- ---- -1 Dollars,
lawful money of the United States of America, for the payment of which well and truly to be made, said Principal
binds himself/herself, his/her heirs, executors, administrators and assigns, and said Surety binds itself, its suc-
cessors and assigns, jointly and severally, firmly by these presents.
SEALED and dated this 10TH day of SEPTEMBER , 19 90
WHEREAS, the said Principal has been ELECTED to the office of SHERIFF
for a definite term beginning DECEMBER 1, 1990 and ending DECEMBER 1, 1994 and is required
to furnish a bond for the faithful performance of the duties of the said office or position.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall (except
as hereinafter provided) faithfully perform the duties of his/her said office or position during the said term, and
shall pay over to the persons authorized by law to receive the same all moneys that may come into his /her hands
during the said term without fraud or delay, and at the expiration of said term, or in case of his /her resignation or
removal from office, shall turn over to his/her successor all records and property which have come into his /her
hands, then this obligation to be null and void; otherwise to' remain in full force and effect.
PROVIDED, HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public funds
resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be
held void, this entire bond shall be void.
AND PROVIDED FURTHER, that the Surety may cancel this bond at any time during the said term by giving to the
Obligee a written notice of its desire so to cancel and at the expiration of thirty (30) days from the receipt of such
notice by the Obligee the Surety shall be completely released as to all liability thereafter accruing. If this provision
shall be held void, this entire bond shall be void.
WITNESS:
BY4
• S v (PrincipalK
THE /ETNA CASUALTY AA>Fp SURETY COMPANY
(;oun sijr-nedw.
.d�n. ;*G
. Eta ICK, .TR.
orney -in -Fact
Licens Resident Agent
(S -71944 1.76 CAT. 409960
PRINTED IN U.S.A
""M
uFE & CASUALTY
PUBLIC OFFICIAL BONI
FOR DEFINITE TERM
KNOW ALL MEN BY THESE PRESENTS, That we
of 'ROUTE 6, BOX 905, ORANGE GROVE
THE /ETNA CASUALTY AND SURETY COMPANY
Hartford, Connecticut 06115
BOND NO. 25 S 25044856
-- HILLSBOROUGH, N.C. 27278 . as Principal,
and THE ETNA CASUALTY AND SURETY COMPANY, a corporation of Hartford, Connecticut, as Surety, are held
and firmly bound unto STATE OF NORTH CAROLINA
in the penal sum of TWENTY FIVE THOUSAND AND NO/ 100 ($ 25,000.00- ---- -= Dollars,
lawful money of the United States of America, forte payment of which well and truly to be made, said Principal
binds himself/herself, his/her heirs, executors, adm nistrators and assigns, and said Surety binds .itself, its suc-
cessors and assigns, jointly and severally, firmly by these presents.
SEALED and dated this LOTH day of
WHEREAS, the said Principal has been ELECTED
for a definite term beginning DECEIVER 3, 15
to furnish a bond for the faithful performance of
NOW, THEREFORE THE CONDITION OF THIS 08LIG
as hereinafter provided) faithfully perform the duti
shall pay over to the persons authorized by law to
during the said term without fraud or delay; and at
removal from office, shall turn over to his/her suc
hands, then this obligation to be null and void; c
19 90
to the office of REGISTER OF DEEDS
and ending DECEIZER 5, 1994 and is required
duties of the said office or position.
TION is such that if the above bounden Principal shall (except
s of his/her said office or position during the said term, and
weive the same all moneys that may come into his/her hands
he expiration of said term, or in case of his /her resignation or
Bssor all records and property which have come into his /her
herwise to remain in full force and effect.
PROVIDED, HOWEVER, that the above named Suret shall not be liable hereunder for any loss of any public funds
resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be
held void, this entire bond shall be void.
AND PROVIDED FURTHER, that the Surety may can el this bond at any time during the said term by giving to the
Obligee a written notice of its desire so to cancel and at the expiration of thirty (30) days from the receipt of such
notice by the Obligee the Surety shall be completely released as to all liability thereafter accruing. If this provision
shall be held void, this entire bond shall be void.
WITNESS:
Licensed fiesident Agent
.(S- 719-M) 1 -76
BY: (SEAL)
BETTLY JUNE FAMES, __ (Principal)
THE /ETNA CASU LTY AND SURETY COMPANY
By
-
C. HOFFINIAH, Attorney -in -Fact
CAT, 409960
FIiWM IN us.,►
4
r
ML I r
LIFE fS CASUALTY
THE ,'ETNA CASUALTY AND SURETY COMPANY
Hartford, Connecticut 06156
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS. THATTHE AETNA CASUALTY AND SURETY COMFANY, s corporation duly organized underthe laws of the
State of Connecticut and having its principal Office in the City of Hardad. County of Hartford, Stan of Connecticut, hash made, constituted and
appointed. and does by these presents make. conssitua and appbint JOhn E. Schneider, Richard C. Charles, Stephen
M. Synatl, G. Ti■Dthy wilkersm, Robert L. Raney, Douglas D. Stalneker, Jeffrey L. Chaplren,
John G. Etheri.ck, Jr., Daniel. A. Conti, C. Hoffmn or Nancy M. Chamblin - -
Of Charl.rnter North Carolina ,itstrueandlawfulAtsomayla) -in- Far: t,v rithfullpowerandauthorityher ebyconferred
to sign, execute and acknowledge, at any place within the United State, or, if the following one be filled in, within the area there desig-
nated , the following instrument(s):
by his/her sole signature and set any and all bonds. recognizance . contracts of indem nity. and other wrftinga obligatory in the nature of a bontl.
recognizance, of conditional undertaking, and any and all consents incidents thereto
and to bind THE AETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extant as if the same were signed br the duly
auvionzed officers of THE ~ETNA CASUALTY ANO SURETY COMPANY, and all the acts of said Anomoy,ld-in-Fact. pursuant to the authority herein
given, are hereby ratified and confirmed.
This appointment is made under and by authority Of" fbllowing Standing fiesautic ne of said Compww which Resolutions are now in full force
and effect:
VOTED: That each of the following officers: Chairman. Vies Ch lirnun• Pre"em Any Executive Vice Presidarht Any Senior Vice President, Any Vice
President. Any Assistant Vice Prosident Any SecTeterV, Any Assistant Secr retar V, may from dme to tarns appoint Resident Vice Presidents. Resident
Assistant Secretaries. Avorneys- in -Fatlt and Agom w act far and cn tenth of the COmpanll and may give arty such appointee such authority as his
certificate of authority may prescribe to sign with the Company's name and seal with the Company's oral bonds. recognizances, contracts of
indemnity, and other writings Obligatory in the nature of a bond. recognizance, or conditional undertaking, and any of said officers or the Board of
Directors mar at any time remove any such appointee and revoke the power and authority given him,
VOTED: That any bond. recognizance. contract of indwnniN. orwricing obligatory in the nature Of a hand. reepgnizance. at conditional undertaking
shall be valid and binding upon the Compeny when la) signed by the chairman, the Vice Chairman. the President an Executive Vice President, a
Senior Vice President a Vice President, an Assistant Vice President or by a Resident Vice Praidwm pursuant to the power prescribed in the
eerKwA to of authority of such Resident Vice President. and duty attested Arid sealed with the Company's anal by a SecrerarV or Assistant Secretary
or by a Residem Assisam Secreaty, pursuant to the power prescribed in the certif cm of authority of ouch Resident Assistant Secretary: or 1 bl duly
executed lundw seat. if required) by one or more Attorneys-in -Fact pun=uarit to the power prelCribsd in his or their certificate or certificates Of
authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution
voted by the Board of 01 acts of THE AETNA CASUALTY AMC SURETY COMPANY which Resokudon is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman. Vice Chairman' President Any Executive Via President Any Senior Vice
President. Any Vice President Any Assistant Vice President. Any Somwery, Any Amisiant Secretary, and the seal of she Company may be affixed by
facsimile to any power of attorney or to any coodde to relating theruo aPPOinWV Rodent Vks Praddeshst' Resident Assistant Secretaries or
Attorneys -in- Face for purposm oniv of exaeuong and stating bonds and undwUldnps and enter wdt6pa obligatory in the nature thereof, and any .
such power of attorney or certificate bearing such facsimilesignaNn or facsimile a" shall be voodand binding upon the Company and any such
power so executed and cordfied by such facsimile signawm and facsimile seal shall be valid and birhding upon the Company in the future with
respect to arty bond or undertaking to which it is stuld had.
IN WITNESS WHEREOF, THE /ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Senior
Vice President and its corporate sal to be hereto affixed this 2nd
day of July • 19 90...,
r THE AETNA CASUALTY AND ETY COMPANY
State of Connecticut 06eph • Kierne
,a. Hartford Senior Vice Presideftt
County of Hartford'
On this ltd day of July t9 90 before me personalty cane JOSEPH P. KIERNAN
to me known, wh& being by me duty swan, did deposit and say: that he/she is Senior Vice President of
THE AETM CASUALTY AND SURETY COMPANY, ten corporation dec abed in and which eucuted the abava inarument: that he/she knows the
std of said corporation: that the seal affixed to me said instrument is aide eorporau seal: and tae he/she executed she said instrument on behalf
of the corporation by aumeriry of h Who office under the Stanhding ReeoNrtiana dhenecE
i OTA"
+�a`,
,��� ao+ea a31: Notary Public
Rosalind R. ChlAstie
CERTIFICATE
I, the undersigned, Secretes of THE AAA CASUALTY AND SURETY COMPANY, a stock corporation of Ine
State of Connecticut DO HEREBY CERTIFY that the foregoing and araehed Power of Attorney and Crtdieaa of AuthdritV remains in full force and
has not been revoked: and furthermore, that the Standing Resolutions of the Board of Direct=. as sal krth in the Certificate of Authority, are now
in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State Connecticut Dated this day of
SEPTENBM ,a 90.
_ w. welch
!4.922 -p �Mt ?'94 PRINTED IN U S.A.
!t_i_t PUBLIC OFFICIAL BO D Hort(ord, Connecticut 06115
uFtltU�suat.TY, FOR INDEFINITE TER
TM4 18 TO C>irRT37t TBa1'P THIS 18 1 M I BOND No. 25 S 38451+•
AIM T COPY or M 0
ETs
Htttmy► M. lia, Re ddent Scare
KNOW ALL MEN BY THESE PRESENTS, That we JOHN THOMAS HOFiNER
of HILLSBOROUGH, NORTH CAROLINA
and THE )ETNA CASUALTY AND SURETY C
firmly bound unto ORANGE COUNTY BOARD OF
in the penal cum of THIRTY THOUSAND AND 00,
lawful money of the United States of America. fo
himtirlf,'her•clf, his'her hvirx, executor, admini
assil;ns, i„intly and sevcrally, firml)• h)• these p
amount aK', %-c narnt•d regardless of the numher of v,
SEALED and dated this 1ST day of
WHEREAS. the said Principal has been Ap
r
, ;rs Principal.
ANY, a corporation of Ifartford, Connecticut, as Surety. ;ere hcl -ld :ind
IONERS
100------------------ - - - - -(s 30, 000.00
the payment of which, well and trttlytobc made, said Princilt.a binds
trators and assigns, and said Surety hinds itself, its
Iticnte, the liability of the Surety, however, heing l;rnited to the
err this Kind remains in force or tile• nunther if premium. I+.ti,i,
. 19 78 .
to the Office of TAX COLLECTOR
for do indefinite term beginning JULY 1 1978
a bond for the faithful performance of the duties of �hc said office or position.
r • .111,1
perm I
and is required io Burnish
NOW. THFREFORE•THE CONDITION OF THIS OF LIGATION is such Ili-it if the ui*ove hounden Ptine-ipal slt.all It xcvpt
As hereinafter provided) faithfully perform the dutic s of hit. her said office or position .luring the 't;me this hoed it m.tin•
in force, and shall pad• over to the personae authori ed by low to receive the same all moneys that may come into him 'her
hand•c during the said time without fraud or delay, a d at the expiration of said time, shall turn a rt to his "her .�u. t•..,,r
all records an3 property which have theretofore con a into his her hands, then this ..l +ligatic +n to Ix• null and void, ,Hier -
wise Io remain in full force and effect.
FROXIDED. IiO% %* \'I:R, that the ahe+ve named Sure ). shall n.it lx+ liable hereunder for any loos of any public furtc % re-
sulting from the ir.soh•ency of any bank or hanks in which said funds are deposited; -aid. if this pmvicion ,hall h. held
void. this entire bond shall be void.
AND PRO \'I[)ED FURTHER, that any party to this
b% no ;ifs ang bet}t of the others b%• ce•rtifird mail of
shall be fully effective at the expiration of thirt%. C
notice. ;,-d, if there shoxtld be no cancellation by aV
tinuc_sl� to full farce and effect. in the penal amoti
Position.
): SS:
t :1 :: aft
r
nstruntcnt may cancel the same al ;my time, with or without (
an intention thereby to cancel, in which event such cancel
1) days from the mailing of such native. In the ;allsenee of
cement hoaween all of the partioi. hereto. the hoed sh ll rot -,i; t
I above named, at long as the 1'aineipal lt. +lds the said ott
e bt-
pine.
.0 on
c•c• ,u
(tiI \1.)
THI? )ETNA CAS1IAI.'rY AND ,l. RET1• C OMP. NA"
Be TRWAS DA1M:3, :11t,•rn, t tit 1 .�.'t
I
RIDER
To be attached to and form part of Bond Number 25 S 100440465
Issued to KENNETH TYROME CHAVIOUS
Type of Bond CONTINUOUS PUBLIC OFFICIAL BOND FOR INDEFINITE TERM
Dated the 23RD day of OCTOBER , 1987 , issued by THE RTNA
CASUALTY AND SURETY COMPANY, as Surety, in the penal sum of TWO HUNDRED FIFTY
THOUSAND AND 00/ 100----------------------------------------- ---- -- - - -- Dollars
($250,000.00), and in favor of ORANGE COUNTY, NORTH CAROLINA
In consideration of the agreed premium charged for this bond, it is understood
and agreed that THE RTNA CASUALTY AND SURETY COMPANY consents that effective
from the 1ST day of JUNE , 1989, said bond shall be
amended as follows:
POSITION COVERED AMENDED FROM DEPUTY FINANCE DIRECTOR TO FINANCE DIRECTOR
Provided, however, that the attached bond shall be subject to all its agreements,
limitations and conditions except herein expressly modified, and further that
the liability of the Surety under the attached bond and the bond as amended by
this Rider shall not be cumulative.
Signed, sealed and dated this 1ST __ day of .TUNE , 19$9.
THE ATNA CASUALTY AND SURETY COMPANY
BY:
C. OFFMAN, AT EY -IN -FACT
7
THE ,ETNA CASI.IALTf AND SURETY COWAM
Hartford, Connecdcut 0611S
UPE&CASUALTY
POWER OF ATTORNEY AND CE TMCATE OF AUTHORITY OF ATTORNEYISHN -FACT
KNOWALLMIi WflWMPRE3MMTNATTNEATNACASUA1T MDSUMWCgMPANY, scorporadon "aMankadunderaulawaofthe
Stan d Cmmo imw. all hvAv its p nmm ofsa in du City of Hwow% , CauM of Hartford, State of Caenec ' 9. heth made, oonentutmd and
appoint" and don by thus praarnitm maker comeifun and appoint Thomas S. Carpenter, Richard C. Charles,
Stephen M. Eyteum, G. Timothy Wilkerson, Robert L. Raney, Martha Ann Marley, Bares R. Kemp,
C. Hoffman or Nancy M. Chanblin - -
a Charlotte, North Carolina , its aub and UMMAnntllylal- in•F@cLwith W power and surhontV hereby conferred
te 51014 rsawn and aeanousledgs, aR any p1400 wishn the United Snits, or, it the following ate be filled in, within the area there designated
, doe hEaehino irnssiumen":
by hWhw deft s4pos tna mad am any mhW ad battle raonpnialtws, =0 2= d Indsrnm9r, and odtr writings obligatory in the nature of a bond.
reanpaim5iab W amdiddnal uOtIVIA M a1W sty end ep moments inaidmt dtenn
eW to bind THE /ETNA CASUALTY AND SUMTY COMPANY, theeby a ht11y std to the ecru Sah4nt ea it the name wen Signed by the duhY
wrdtdrinraf kmalTMAMACAEUALTYANO$umnY COMrANY.MW44 tluaead aaidAUWnW SHft -FaeL Pursuant to the authority herein.
giva4 ate hereby radOW and ealMlmelL
This sppafMntart it n mds wader and by sucha ity d dm fallnnailq SmhtYlq ArmdMtdarhs of maul Congarny wMch Resolution are now in furl force
and efhot
VOM.Tha subdoofaY dufrgofllmcCboknm% vkmchonnmt, PnsNgett, My& mu& eVlaPnmid =LAnySeniorVi=PraidenLAny vice
Prridms,A'WAN emlttVkePnditletR ,Anysammmp.MyAedm Seenml► MWtMiRdtMOptlntradpoitttAleidaneVial "noWsitiMResident
AsaiatmitSrereNiss, Agdmtlys• in. Fam. andAgmtMM/ 4faralWanbsherdfffuCatttperyancl maytllwal ySuett appointee Such authority as his
cortific" d Maw" aw prehmfiho q iat with du Compmgls none and aal vAM die CanpWe anal bonds, recogniancs& contracts of
indesmfty. and done vtl/IWtw d M die nmmwda bnl4 randpiitmisa, or cedidwal undmpkiilq, and arty of amid officers or the eoaM of
clears new m any dme rmto5n arty such appulaw std nsrglte du power and aWhartty given hint
VOTED:Thetas/bens.rrmgI ifatpe,catioamafln4enWly,onmi1b olWgmktylndnlmhtradabarl, reddplihmriem .areondioonmlundmsaking
d W be %*W and aYt 11 j imm ft", p whmt jai ft rA d W1 dtaChainitm , tln Vim Clmllmmb the President, an Exemdve Vice President. a
Seder Vkn FFeWdeft a Vks PraidmtL an Aalema Vim President or by a Rmsidett Vl= Prwidmli tturmnat to the power an robed in the
wnlEemad atdnatvd three fheWmte VkaPresWnte, anW dune atmand and aeskd uhth doCantnpaniy'e 5eM br r Seeamary ar aaiumm Sectary
orbyeAeeidettAemlmentSeetSemY, tlwtltmlR> isduaawernrrtasribmdin111141 1 atauduw atmchRaidmnAagsantS @canary:orlbiduly
asnuied lunder aft, if eemhladi by ale ar note Atnnmye4n*sst Otlnswes to die pawn presmtbmd In his or their oedfiesre or csrdffrates of
Wmneky,
This Patna► dAtasltiW and CmlMoees dArNlgrtty is sigrlad aria aasftd iW fan>rltsla under and by aulltoAW d the faddwing Standing RoWutian
voae0 by dle Eeed d 04astaa of THE AnWA CASUALTY AND SUFANY ==ANY w I i I ROMMU12011 is maw in full force and effect:
Vargo: That ma ftwa te d ONO don I ewiq aAlamle tStMlmms, Via Ch*Mff mL PnmkMM My Evmo+din Vies President. Any Senior vice
Pr mown maybe thearM ddneCompanv maybe affixed by
faskrAs n any pother of ass- I w io cet► aldlume rM 11 dwe a appsWN Resident Vim Pfasidetim, Resident Assistant Secretaries or
Atonmya• in- Femforpw0aeeatnfydelreetNittpttntdalmedngbatdsantdutidettaYYtgsadd in the nature thereof. and any
suds power ad esenu I arowdlests l I n suoh hmiitrlenig WXM drfaopoWa NO shad be valWand brad p upon the Company and any such
power sit assumed and aniEms by satdt fao*nift ttiWOMM and faaintlft sal 00 be valid and bindings upon toe Company in the future with
respem to cry bead or tahlatta' * v is turbot it is attaldud.
IN VATNESS VIIISERLOP. THE AITMA CASUALTY AND SURETY COMPANY has auad this vassa tent to be signed by is Ass i s tart t
Yi s President and No mrI . stets fa be hen atosmd dtia 27th
d"0 February • 19 89
TNB .Apa TY SUER COMPANY
Son of CaamMiae J epli Kiernan
Cautery of Hedaad
aa"elm01m Assistant: nee president
On d" 27th dot► d February . t! 89 .6elmr me peeanew ante JDSZPR P. KIBRNAN
IS rim bamrmk vtbsr beiwE a an done segrrL did de ON atr. due hefdo is Assistant Vice PTesi dent of
THE .ETNA WUALTYAND SURETY COMPANY. do aorpormt4u damiMd ks and which emealnd the aaovn tnwutmm�t: that hen /she Yrrows the
UWgt aidatlpahnaiI ldMOSooMaUnad0deseld+ uettrtunKMtemdtaarpanmraeM: altddamhar< sliaenutxis5sdtMsaidimm�imaitenbehalf
of do aarrmados bP a OMW of hk AW ofeea atttfw the Stmtdhq Reahrdmae &MML
"./ W aammh m emcees Mme 31,111 9 Public
ConvICATI George M Parry, Jr.
I. dm r S at:retaTsyy of TM ATNA CASUALTY AND SURELY COMPANY, a stoelt corporation of the
StwdfComenias .ODHERESVCVrfWfduathat- volt -and adadnOPowdAummeymr4Cmdlla alAumdefNremainsinfull forceand
haunt been ranked and hwdonneM Oath to Sa ndit Rrmnrationm of the &Wdof Oinewws, a Mf a in the CeeAeste of Authority, are now
in Cores
Sigtud and Seaw at dw How ad" d dw Campmry. in the Cav of Nadal SOM40 A Collins ads 1st day of
June -1989
'�. �•'� ohs W. Welch, secretary
is•tatl•N lMi 3.72
ORANGE COUNTY
/OR - 067 - 88 - CR DECLARATIONS PAGE
- SECTION IV -
CRIME
Coverage Parts:
Limits
A.
Faithful Perfbrmance
Honesty Coverage - Blanket
$250,000
B.
Broad Form
Money and Securities Inside
$250,000
C.
Broad Form
Money and Securities Outside
$250,000
D.
Money Orders and
Counterfeit Paper Currency
E250,000
E.
Depositors Forgery
$250,000
Deductible: $250.00 Per Occurrence
A�
DEC CR P. I
L]
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No. Xr _
Meeting Date: December 3, 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 commissioners.
BACKGROUND: The following recommendations are presented for the Board's
consideration:
HUMAN RELATIONS COMMISSION: This group, which was originally
appointed to serve until 11/30/90, selected staggered termination
dates so that approximately one -third of the volunteers will be
eligible for reappointment each year. The members of the commission
request that this roster be adopted as presented.
RECOMMENDATION(S): As the Board decides.
•
•
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ORANGE COUNTY BOARD OF COMMISSIONERS
HILLSBOROUGH, NORTH CAROLINA
Resolution of Tointnienbation
for
Jn4n Martwdl
WHEREAS, John Hartwell was nominated by the voters of Orange County to the Orange County Board of
Commissioners in the Democratic Primary of May, 1986, and
WHEREAS, John Hartwell was elected by the voters of Orange County to the Orange County Board of
Commissioners in the General Election of November, 1986, and
WHEREAS, John Hartwell has since December, 1986 with great distinction served the citizens of Orange
County as a member of the Board of County Commissioners, giving freely and unselfishly of
his time and energy and through his foresight and leadership help promote many progressive
changes in the operation of Orange County Government, and
WHEREAS, John Hartwell has given generously of his time, talent and special knowledge through his service
on numerous community, County and State committees and councils among which include his
having been a delegate to the Triangle J Council of Goverments, and a member of the Water
Resources Task Force, Reservoir Task Force, Council on Aging and the Social Services Board
WHEREAS, John Hartwell having served four years in the office of County Commissioner of Orange County
did not seek renomination to this office in the Democratic Primary of 1990,
NOW, BE IT RESOLVED, that it wishes him and his family every happiness in the years ahead and directs this
Resolution be presented to John Hartwell, with a copy sent to the press, and the Resolution be
spread on the Minutes of this meeting, this 3rd day of December, 1990.
�itepnen tialmotls, a ®mae�r �"
Marshall, Member
N . A A
Do Willhoit, Member
Beverly . lythe, "'Clerk
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VNI'loava HZxoN `H0f102XOgS'TIIH
SuaNOISSINJI I0a 30 (111voS A.INf100 39NVHO
N
I, Stephen H. Halkiotis, do solemnly swear (or
I will support and maintain the Constitution and laws
States, and the Constitution and laws of North
inconsistent therewith, and that I will faithfully
duties of my office as County Commissioner, so help
affirm) that
of the United
Carolina not
discharge the
me God.
I, Stephen H. Halkiotis, do solemnly and sincerely swear (or
affirm) that I will support the Constitution of the United States;
that I will be faithful and bear true allegiance to the State of
North Carolina, and to the constitutional powers and authorities
which are or may be established for the government thereof; and
that I will endeavor to support, maintain and defend the
Constitution of said State, not inconsistent with the Constitution
of the United States, to the best of my knowledge and ability; so
help me God.
Done this 3rd day of December, 1990.
Stephen H. Halkiotis
Beverly n lythe
Clerk to the Board
Orange County, N. C.
r.' _�
I, Alice M. Gordon, do solemnly swear (or affirm) that I will
support and maintain the Constitution and laws of the United
States, and the Constitution and laws of North Carolina not
inconsistent therewith, and that I will faithfully discharge the
duties of my office as County Commissioner, so help me God.
I, Alice M. Gordon, do solemnly and sincerely swear (or
affirm) that I will support the Constitution of the United States;
that I will be faithful and bear true allegiance to the State of
North Carolina, and to the constitutional powers and authorities
which are or may be established for the government thereof; and
that I will endeavor to support, maintain and defend the
Constitution of said State, not inconsistent with the Constitution
of the United States, to the best of my knowledge and ability; so
help me God.
Done this 3rd day of December, 1990.
tl � - M, 4,'�
Alice M. Gordon
Bett une Hayes
Register of Deeds
Orange County, N. C.
I, Verla C. Insko, do solemnly affirm) that I will
support and maintain the Constitution and laws of the United
States, and the Constitution and laws of North Carolina not
inconsistent therewith, and that I will faithfully discharge the
duties of my office as County Commissioner, so help me God.
I, Verla C. Insko, do solemnly and sincerely sweaz=Frw affirm)
that I will support the Constitution of the United States; that I
will be faithful and bear true allegiance to the State of North
Carolina, and to the constitutional powers and authorities which
are or may be established for the government thereof; and that I
will endeavor to support, maintain and defend the Constitution of
said State, not inconsistent with the Constitution of the United
States, to the best of my knowledge and ability; so help me God.
Done this 3r.d day of December, 1990.
uj-� e Q2"��
Verla C. Insko
Betty J ne Hayes
Register of Deeds
Orange County, N. C.
BALLOT FOR BOARD VICE -CHAIR
(DECEMBER 3, 1990)
Moses Carey, Jr.
Alice M. Gordon
JL Stephen Halkiotis
Verla C. Insko
Don- wi,l3hoit
Signature
BALLOT FOR BOARD VICE- -CHAIR
(DECEMBER 3, 1990)
Moses Carey, Jr.
Alice M. Gordon
V— Stephen Halkiotis
Verla C. Insko
Don Willhoit
signature
BALLOT FOR BOARD VICE -CHAIR
(DECEMBER 3, 1990)
Moses Carey, Jr.
Alice M. Gordon
Stephen Halkiotis
Verla C. Insko
Don Willhoit
M � I N szi' 1 /fir
O
• - �
BALLOT FOR BOARD VICE -CHAIR
(DECEMBER 3, 1990)
Moses Carey, Jr.
Alice M. Gordon
Stephen Halkiotis
Verla C. Insko
Don Willhoit
signature
BALLOT FOR BOARD VICE - -CHAIR
(DECEMBER 3, 1990)
Moses Carey, Jr.
Alice M. Gordon
Stephen Halkiotis
Verla C. Insko
Don Willhoit
Signature
/// -/, �- � - 71)
BALLOT FOR BOARD CHAIRMAN
(DECEMBER 3, 1990)
V Moses Carey, Jr.
Alice M. Gordon
Stephen Halkiotis
Verla C. Insko
Don Willhoit
signature
BALLOT FOR BOARD CHAIRMAN
(DECEMBER '3, 1990)
Moses Carey, Jr.
Alice M. Gordon
Stephen Halkiotis
Verla C. Insko
Don Willhoit
kL wja/-
signature
BALLOT FOR BOARD CHAIRMAN
(DECEMBER 3, 1990)
Moses Carey, Jr.
Alice M. Gordon
Stephen Halkiotis
Verla C. Insko
Don Willhoit
BALLOT FOR BOARD CHAIRMAN
(DECEMBER 3, 1990)
Moses Carey, Jr.
Alice M. Gordon
Stephen Halkiotis
Verla C. Insko
Don - Wiilhoit
Signature
BALLOT FOR BOARD CHAIRMAN
(DECEMBER 3, 1990)
Moses Carey, Jr.
Alice M. Gordon
Stephen Halkiotis
Verla C. Insko
Don willhoit
Signature