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HomeMy WebLinkAboutAgenda - 03-20-1991ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA NOTE: THE MEETING WILL BE HELD AT THE LINCOLN CENTER IN CHAPEL HILL REGULAR MEETING NOTE: BACKGROUND MATERIAL WEDNESDAY, MARCH 20, 1991 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE LINCOLN CENTER CLERK'S OFFICE. CHAPEL HILL, NC NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732 -8181 or 968 -4501. I. BOARD COMMENTS II. COUNTY 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 commitment to this public charge is observed. V. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Petition for Addition - -Chip Lane in Chapel Hill Industrial Park B. Contract Approval- -911 Expansion Project C. Procedure for Local Travel Expense Reimbursement D. Amendment to the Massage Ordinance E. 911 Expansion Project --- Hearing Regarding Return of Bid Security to Rural Plumbing and Heating Company F. RSVP Application for New Family Literacy Initiatives G. Permit to Use Pyro- Technics During Concert - -UNC Smith Center VI. RESOLUTIONS PROCLAMATIONS A. Resolution of Support for Durham Technical Community College and Alamance Community College B. Resolution in Support of the State's Land Records Management Program VII. SPECIAL PRESENTATIONS VIII. PUBLIC HEARINGS A. For Citizen Comments -- 1991-96 Capital Improvement,Plan Public Hearing B. Continuation of Public Hearing -- Spotlighting in Deer Areas and Hunting or Fishing on Private Property IX. REPORTS A. orange County Literacy Council B. Proposed Civil Rights ordinance C. New NPDES Stormwater Regulations X. ITEMS FOR DECISION -- REGULAR AGENDA A. Local Legislation B. Architect Recommendation -- Efland Cheeks Community Center and Park C. Community Fireworks Display D. Consultation Services -- Opportunities for Families Grant E. Zoning Enforcement Cases (Civil Penalties) F. 1991 Board of County Commissioners' Goals G. Feasibility Study - -N.C. Highway 54 widening H. 1991 Joint Planning Public Hearing Schedule XI. APPOINTMENTS XII. MINUTES XIII, EXECUTIVE SESSION - Personnel Matter, Site Acquisition XIV. ADJOURNMENT �t 1 APPROVED 4116191 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 20, 1991 The Orange County Board of Commissioners met in regular session on Wednesday, March 20, 1991 at 7:30 p.m. in the Board Room at Lincoln Center, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice - -Chair Stephen Halkiotis, and Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. 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, Clerk to the Board Beverly A. Blythe, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, Budget Director Sally Kost, Management Intern Lucy Lewis, Land Records Manager Roscoe Reeve and EMS Director Nick Waters. NOTE: All documents referenced in these minutes are in the permanent agenda file in the Clerk's Office. I. BOARD COMMENTS Commissioner Gordon made reference to a resolution that has received widespread support from different counties in the state and asked that it be placed on an upcoming agenda for Board consideration of approval. The resolution requests the North Carolina General Assembly and the United States Congress to consider constitutional amendments to prohibit federal legislation that mandates local funding of programs or services without providing funding for said programs and services. Commissioner Halkiotis informed and showed the Board members the visitors guide that is being distributed by Durham County. He hopes that, if given the opportunity, orange County can produce one just as attractive and informative. Commissioner Willhoit noted that the issue of mandating programs and services without providing the necessary funding has been a top priority of the NCACC for at least ten (10) years and that the Governor is in support of this position. Commissioner Willhoit stated that he is not sure there is anything else that can be done. He feels it is a political decision which will require a constitutional amendment. He proposed that the County identify those items which the County supports beyond what is required by the State and prepare this information in the form of an invoice to send to the Governor. Chairman Carey asked that both the resolution and the list of 2 items be put on the agenda as soon as possible. It will be sent to the Governor after the Board reviews it. Commissioner Gordon asked that this invoice include those unfunded federal mandates. II. COUNTY MANAGER'S REPORT - NONE III. ADDITIONS OR CHANGES TO THE AGENDA One resolution was added to the agenda which will allow the Board to change the starting time of the next regular meeting if they so desire. This was added as 5 -C. IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Carey announced that all citizens in the audience who would like to speak on an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Mr. Michael Harris asked that the Board consider changing the County's Animal Control Ordinance to allow the tethering of fowl. He feels there is no evidence that shows tethering fowl is inhumane. He also questioned why Cornwallis Hills was rezoned to R -3 since it adjoins R -1. He asked that public hearings be held before property is rezoned. Mr. Harris' concerns were referred to the County Manager for followup and a response. Chairman Carey emphasized that no property in Orange County is rezoned without a public hearing being held first. Attorney Gledhill pointed out that the zoning of Cornwallis Hills occurred at a time much earlier than the development of the property and the zoning of the property included all of the phases of Cornwallis Hills. During that zoning process, there was a public hearing. V. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve those items on the Consent Agenda as stated below. Item G was removed and considered as a separate item. A. PETITION FOR ADDITION - CHIP LANE IN CHAPEL HILL INDUSTRIAL PARK The Board approved the addition of Chip Lane in Chapel Hill Industrial Park to the State- maintained Secondary Road System. B. CONTRACT APPROVAL FOR THE 911 EXPANSION PROJECT The Board approved and authorized the Chair to sign the contract with Trout and Riggs Construction Company, Inc. for the construction of the 911 Expansion for a sum of $276,400. C. PROCEDURE FOR LOCAL TRAVEL EXPENSE REIMBURSEMENT The Board amended the policy for local travel expense reimbursement for the members of the Board to specify local travel as personal mileage. D. AMENDMENT TO THE MASSAGE ORDINANCE The Board amended the Massage Ordinance to provide a time period after approval of an application in which to pay the license fee and receive a license. This amendment was made to Section 1 -3(E) and Section 1 -4(F). The exact language is "Permit approval shall lapse if the license fee prescribed by this section is not received by the Collector of Revenue within 60 days of the date the application is approved." E. RETURN OF BID SECURITY TO RURAL PLUMBING AND HEATING COMPANY FOR THE 911 EXPANSION PROJECT The Board approved the return of the bid security to Rural Plumbing and Heating and authorized the Purchasing Director to notify Rural Plumbing & Heating in writing of the decision. F. RSVP APPLICATION FOR THE NEW FAMILY LITERACY INITIATIVES The Board approved and authorized the Chair to sign the RSVP application to ACTION in the amount of $10,000, in Federal Funds . These funds will be used to augment the present ACTION grant by initiating new family literacy program initiatives. G. PERMIT TO USE PYRO- TECHNICS DURING CONCERT AT THE UNC SMITH CENTER This item was removed and will be considered next on the agenda. VOTE ON THE CONSENT AGENDA: UNANIMOUS G. PERMIT TO USE PYRO - TECHNICS AT THE UNC SMITH CENTER Commissioner Halkiotis expressed his concern of using explosive devices inside of the UNC Smith Center. Commissioner Gordon noted that these requests should be sent in earlier. Purchasing Director Pam Jones explained that the request was dated March 4th which was too late to be placed on that agenda. This event is taking place at this time. After a brief discussion, motion was made by Commissioner Willhoit, seconded by Chairman Carey to approve a fireworks permit for the University of North Carolina - Chapel Hill for March 20, 1991 and authorize the Chair to sign on behalf of the Board. VOTE: AYES, 3; NOES, 2 (Commissioners Gordon and Halkiotis) VI. RESOLUTIONS PROCLAMATIONS A. RESOLUTION OF SUPPORT FOR DURHAM TECHNICAL COMMUNITY COLLEGE, LAMANCE COMMUNITY COLLEGE AND PIEDMONT COMMUNITY COLLEGE Commissioner Halkiotis expressed a concern that the State be just as interested in kids in K -12 as they are about the community colleges. A letter will be written to the two school board chairs informing them of the Board's willingness to support a similar resolution if they so desire. Motion was made by Commissioner Insko, seconded by 4 Commissioner Willhoit to approve the resolution of support for the community colleges that serve Orange County as stated below: WHEREAS, community colleges in North Carolina should continue to provide the adult basic education and literacy training needed to ensure that North Carolina adults gain the skills, beyond reading and writing, which will qualify them to enter technical, vocational, or college transfer programs or succeed in the labor market; and WHEREAS, the community college system should expand its capacity for providing customized skills and supervisory training for businesses; NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners, in support of Durham Technical Community College, Alamance Community College and Piedmont Technical Community College endorses their efforts to provide the training resources most appropriate in meeting the needs of our citizens. VOTE: UNANIMOUS B. RESOLUTION IN SUPPORT OF THE STATE'S LAND RECORDS MANAGEMENT PROGRAM Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the Resolution in Support of the State's Land Records Management Program as stated below: RESOLUTION IN SUPPORT OF STATE'S LAND RECORDS MANAGEMENT PROGRAM WHEREAS, the State's Land Records Management Program (LRMP) was founded by the General Assembly in 1978, to provide technical assistance and matching grant funds to counties so that they could modernize their land records; and WHEREAS, for thirteen years the LRMP, now located in the State Department of Environment Health & Natural Resources (EHNR) , has provided vital and necessary technical assistance to the counties, including Orange, such as the establishment of standards for maps provided by private vendors; and, WHEREAS, the matching grant funds have provided Orange with an on- going important supplement to its own resources in obtaining new base and digital maps for our citizens; and, WHEREAS, EHNR and the Governor have proposed that this needed program not be included in the State Budget for 1991 -92, thus terminating the program; and, WHEREAS, it is recognized by orange County and the North Carolina Association of County Commissioners that this program is still needed to protect the counties' investments in maps and geographic information systems; THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners 5 calls upon the General Assembly, through its legislative delegation, to restore the LRMP and its grant program to the budget for 1991 -92, and that it take action to move the LRMP to another State agency, such as the Office of the Secretary of State, where it can be nurtured and strengthened. VOTE: UNANIMOUS C. RESOLUTION TO CHANGE THE BEGINNING TIME OF THE NEST REGULAR MEETING Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to change the starting time of the next Board of Commissioners' meeting as stated below: WHEREAS, N.C.G.S. 153A -40(a) requires the Board of County Commissioners to fix the time and place of its regular meetings; and WHEREAS, this Board desires to change the time of the regular meeting scheduled for April 1, 1991, at 7:30 p.m.; NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners that the April 1st regular meeting shall be held at 5:30 p.m. This notice is provided pursuant to N.C.G.S. 153A -40. VOTE: UNANIMOUS VII. SPECIAL PRESENTATIONS - NONE VIII. PUBLIC HEARINGS A. 1991 - 1996 CAPITAL IMPROVEMENT PLAN This item was presented to receive citizen comments. County Manager John Link gave a brief summary of the CIP. A copy of his presentation is in the permanent agenda file in the Clerk's Office. The CIP listed for a five year period the capital needs for the areas of Education, Public Buildings and Equipment, Public Safety, Public Works, Recreation and Parks, and Water and Land Resources. After the presentation, the public hearing was open to receive comments from the public. DAN KIDD distributed some information about a non - profit organization which is interested in bringing a physical education and community center to Orange County. The information included a proposal and the objections of the organization along with financial estimates for this center. They plan to do this through donations as much as possible. The center would include an olympic size ice rink, meeting and activity rooms. The first phase of the project would cost 1.8 million dollars. The property is being donated to the organization. They hope to add a swimming pool at a later time. He asked the Board for a grant in the amount of $75,000 which would pay for approximately half of the infrastructure cost of serving the facility. The organization "Triangle Hockey" would own the property but would give Orange County the land needed to build a community pool. Orange County L would have a representative sit on the Board that would oversee the operation of the facility. He asked the Board for an endorsement of the project stating that this would help them get the financing they need from the bank. The intent is to bring to the community and Orange County a world -class type facility. The immediate need is some short - term funding until they receive their bank loan. This was referred to the County Manager for further consideration and a recommendation. CAROLYN LEITH, a member of the Performing Art Lovers of Chapel Hill High School '(PALS), stated that this group works to support the cultural art activities that take place at the High School in the Cultural Arts Building. She asked that the County set aside some capital improvement funds to take care of the maintenance of this facility. These improvements would cost approximately $125,000. She stated that the curtains have never been cleaned and are in disrepair. They need to be replaced. There is a desperate need for a total lighting system for the stage. She feels the building is a County asset that requires proper maintenance to continue to work well. Many non - school community groups use the building at the rate of 1 -1/2 times per month. She asked the Board to support funding for replacement items and maintenance. She stressed that many students and citizens are served by this facility. Motion was made by Commissioner Gordon, seconded by Chairman Carey to close the public hearing. VOTE: UNANIMOUS It was decided that this item would be placed on the next agenda for formal action by the Board. B. SPOTLIGHTING AND HUNTING OR FISHING ON PRIVATE PROPERTY This item was presented to receive written comments. Chairman Carey reported that they have received two letters against these proposed changes from George T. Painter and Phillip L. Pennell and seven letters in favor of the proposed changes from Dietrich von Haugwitz, William G. Barbour, Jean B. Anderson, Zeb V. Terry, Anne Shortliffe, Cynthia Geiger and Stewart G. Barbour and one petition in support of the proposed changes which was signed by 23 people. In addition to these letters received by the Commissioners' office, Chairman Carey indicated he had received letters at his home address, most of which were in favor of the proposed changes. Commissioner Gordon clarified that the proposed local legislation is not specific to what will actually be approved by the Board. The local legislation will give the Board the authority to enact an ordinance to regulate hunting and fishing at the local level. Motion was made by Commissioner Insko, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS IX. REPORTS A. ORANGE COUNTY LITERACY COUNCIL Ruth Royster, Director of the Orange County Literacy Council, stated that the Literacy Council was founded in 1985. They provide one- 6 on -one tutoring for adults, eighteen and over, who reach adulthood without this skill. She explained how students are evaluated and matched with a tutor. At the present time there are more trained tutors than there are students. In the past five months, their enrollment has almost doubled. She explained how they recruit students. Finding ways to attract non - readers or functionally illiterate adults to the Council continues to be a major goal of the Literacy Council. She explained that she has met with employers in those sectors of the work force where there is a high probability of non - reading employees, such as hotels and motels, the university and the hospital. She explained how she interacts with the tutors and the procedure that is used to report progress. The Council plans to provide a new program for the children and grandchildren of their adult students. She stated that the immigrant population of Orange County has grown to about 4000. The Literacy Council Board of Directors has not as yet decided to offer English as a Second Language but is studying its feasibility. Ms. Royster outlined the needs of the Council. Since the Council is a volunteer organization, they receive most of their funding from United Way and some additional funding from the County and the Municipalities. They have received several grants for equipment which is used by the students. She emphasized that as the Council attempts to expand its programs and reach a greater number of the County's citizens needing their help, that additional funding will be needed. Their goal is to raise the literacy level of Orange County citizens so they may be better qualified for the work force. She asked for continued support from County Government. Financial assistance will help them to continue their services. Ms. Royster stated they now have 62 students. Chairman Carey stated that if more minorities served on the Board of Directors it may encourage more blacks to become involved in the program. He also expressed a concern about the outreach program and indicated a desire to learn more about the creative ways in which the Council plans to reach those citizens who will not come forward. Discussion ensued on Family Literacy. Orange County does not have an active program at this time. The Literacy Board is looking into the program and will explore its feasibility. They do not have the money to implement a new program of this magnitude. B. PROPOSED LOCAL LEGISLATION FOR AUTHORITY TO ADOPT A CIVIL RIGHTS ORDINANCE Jean Bolduc, member of the Human Relations Commission, reviewed the process which ultimately indicated to the HRC the need for a Local Civil Rights Ordinance. They formed an Ordinance Subcommittee and reviewed the local laws of other jurisdictions as well as federal laws which prevent discrimination. She feels that the County will clearly benefit from an Ordinance that will protect the citizens against the different forms of discrimination. She emphasized that the County cannot expect the Federal and State Governments to set the standards for Orange County. She pledged the support of the HRC in working with the County to put an Ordinance in place which is realistic and effective. Discussion ensued on whether or not the Ordinance would also apply to municipalities. Geoff Gledhill stated that the general 8 enabling legislation provides that county ordinances are applicable outside of the territorial boundaries of towns and cities unless the towns and cities by resolution adopt the ordinance of the County. Shirley E. Marshall, former County Commissioner, gave some historical facts about Civil Rights initiatives. She stated that as an extension of the commitment of Orange County Government to protect their citizens, the Human Rights Commission was formed in 1987. She outlined the process the HRC followed to gather background information which led to the recommendation to seek local legislation to develop a comprehensive civil rights ordinance. The ordinance would spell out the many different forms of discrimination and define specifically what protection the citizens might expect from their County Government as well as how the Ordinance will be enforced. She supports this request for enabling legislation. Joe Herzenberg, member of the Chapel Hill Town Council, spoke in support of a request from the Commissioners for enabling legislation. There will be time after receiving the enabling legislation for discussion of the actual ordinance. He stated that after the Ordinance is adopted, the municipalities could be asked to consider its adoption. He feels that there is support from Chapel Hill. and Carrboro for this ordinance. C. NEW NPDES STORMWATER REGULATIONS County Engineer Paul Thames reported on the new stormwater regulations promulgated by the US Environmental Protection Agency, the effects of those regulations on Orange County, and orange County's response to the regulations. The effective date of these new regulations will probably be July 1 or January 1 of 1992. Orange County has two facilities which fall under EPA's definition of an industrial facility. One is Fairview Park, which is a covered -over landfill, and the other is the County motor pool facility. The estimated cost for these two facilities would be $9,000. The Orange County Board of Education's school bus garage in Hillsborough is also affected at an estimated cost of $3200. These are permitting costs. There will be additional costs in meeting the permit requirements. X. ITEMS FOR DECISION - REGULAR AGENDA A. LOCAL LEGISLATION Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the resolution on spotlighting as stated below: WHEREAS, the Sheriff of Orange County has brought to the attention of the Board of Commissioners the fact that he has received numerous complaints during the 1990 -91 hunting season coming from property owners and citizens about the incidence of unlawful night deer hunting and the great inconvenience to citizens caused by person shining lights searching for deer; and WHEREAS, members of the Board of County Commissioners have also received such calls; and WHEREAS, the Board of County Commissioners advertised and conducted a public hearing on this issue at its regular March 4, 1991 N Commissioners meeting held in Hillsborough, North Carolina; and WHEREAS, these same complaints and concerns were expressed by citizens attending the public hearing; NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE, PURSUANT TO NORTH CAROLINA GENERAL STATUTES 113- 291.1(e2), ADOPTS THIS RESOLUTION requesting the North Carolina Wildlife Resources Commission to include Orange County among those counties which have the extended period during which the intentional sweeping of deer areas with lights is prohibited and that the rule prevailing in Orange County be changed to prohibit intentional sweeping of deer areas with lights or the intentional shining of lights on deer during the period from one - half hour after sunset until one -half hour before sunrise. VOTE: UNANIMOUS Discussion ensued on the proposed local legislation for the authority to consider a Civil Rights Ordinance. The Board decided to add as number nine this request for enabling legislation. The Attorney will draft the proposed bill for the April 1st Board Meeting at which time a public hearing will be scheduled. Any amendments made on that evening will be forwarded to the legislative delegation. Commissioner Gordon made reference to the Impact Tax legislation and asked if there had to be any extra wording for adding municipalities to this legislation. Mr. Gledhill indicated it was okay as written. He has taken the precaution to bring it to the attention of Chapel Hill's legal council. Motion was made by Commissioner Insko, seconded by Chairman Carey to approve the resolution for local legislation as stated below: BE IT RESOLVED by the Board of Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to introduce and support the following legislative matters: I. AN ACT TO CLARIFY THE ENABLING LEGISLATION FOR SUBDIVISION ORDINANCE PROVISIONS RELATING TO RECREATION AREAS IN ORANGE COUNTY. 2. AN ACT TO AMEND THE ENABLING LEGISLATION FOR ZONING ORDINANCE REGULATIONS TO AUTHORIZE ORANGE COUNTY TO GRANT DENSITY BONUSES AND OTHER INCENTIVES FOR DEVELOPERS OF HOUSING FOR PERSONS OF LOW OR MODERATE INCOME. 3. AN ACT TO AUTHORIZE ORANGE COUNTY TO ACQUIRE REAL PROPERTY IN ORDER TO PRESERVE OPEN SPACE AND OPEN AREAS FOR THE PRESERVATION, PROTECTION AND CONSERVATION OF FARMLAND, WATERSHED AREAS AND DRINKING WATER SUPPLIES, AND TO ACQUIRE THE FEE OR ANY LESSER INTEREST. 4. AN ACT TO AUTHORIZE ORANGE COUNTY TO REQUIRE FINANCIAL SECURITY FOR THE REPAIR AND OPERATION OF COMMUNITY SYSTEMS OF SEWAGE COLLECTION, TREATMENT AND DISPOSAL. 5. A BILL TO BE ENTITLED AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES AND TO CREATE AN ORANGE COUNTY IMPACT TAX DISTRICT AND TO AUTHORIZE THE DISTRICT TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF 10 SCHOOL CAPITAL FACILITIES REQUIRED BY GROWTH. 6. AN ACT TO AMEND SECTIONS 17.1 AND 18.1 OF CHAPTER 460 OF THE 1987 SESSION LAWS TO MAKE AN IMPACT FEE ORDINANCE ADOPTED BY ORANGE COUNTY, INSOFAR AS IT RELATES TO CAPITAL IMPROVEMENTS FOR PUBLIC SCHOOLS, APPLICABLE TO ALL DEVELOPMENT THAT OCCURS WITHIN THE COUNTY INCLUDING DEVELOPMENT THAT OCCURS WITHIN THE CORPORATE LIMITS AND THE EXTRATERRITORIAL PLANNING JURISDICTION OF ANY CITY, TOWN OR OTHER MUNICIPAL CORPORATION LOCATED WITHIN ORANGE COUNTY. 7. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN OCCUPANCY TAX WITH THE EXPRESS AUTHORITY FOR THE USE OF SOME OF ITS PROCEEDS FOR A COUNTY VISITORS' BUREAU. 8. AN ACT ADDING ORANGE COUNTY TO THOSE COUNTIES AUTHORIZED BY CHAPTER 651 OF THE 1989 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO REGULATE TRESPASSING TO HUNT OR FISH ON PRIVATE LANDS BY LOCAL ORDINANCE. 9. A LOCAL BILL ENABLING ORANGE COUNTY TO ADOPT A HUMAN /CIVIL RIGHTS ORDINANCE FOR ORANGE COUNTY. BE IT FURTHER RESOLVED that the Board authorizes the County Attorney to prepare a draft bill enabling Orange County to adopt a Human /Civil Rights Ordinance for transmittal with this resolution. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Chairman Carey to approve the resolution for local legislation as stated below: BE IT FURTHER RESOLVED THAT THE BOARD OF COMMISSIONERS OF ORANGE COUNTY requests its legislative delegation to support: 1. the need for a permanent, stable revenues source instead of the present appropriations to reimburse local governments for past repeal of other local revenues; 2. state -wide enabling legislation authorizing local option revenues including admissions, real estate transfer, occupancy (hotel /motel) and the extension of local sales taxes to the purchase of autos, boats and planes; 3. more frequent distribution of local sales tax proceeds or payment of interest for the period that they are held by the state; 4. state adherence to a schedule of timely payments of sales tax proceeds to county governments in compliance with state fiscal policy; 5. the need for a revenue source to support the Triangle Trans- portation Authority; and 6. state -wide legislation to encourage recycling of beverage containers through deposit and refund requirements. VOTE: UNANIMOUS 8. ARCHITECT RECOMMENDATION - EFLAND CHEEKS COMMUNITY CENTER AND PARK Motion was made by Commissioner Halkiotis, seconded by Chairman Carey to approve and authorize the Chair to sign the contract with Lucy Carol Davis Associates for architectural services at the Efland- Cheeks Community Center and Park. VOTE: UNANIMOUS 11 C. COMMIINITY FIREWORKS DISPLAY Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the County Manager to negotiate an agreement with the University, Chapel Hill and Carrboro regarding a fireworks display on July 4, 1991. This approval is with the condition that other means of providing this event will be explored for future years. The funds will be included in the recommended budget. VOTE: AYES, 4; NOES, 1 (Chairman Carey) There was a consensus of the Board to include this expenditure in the Recreation and Parks budget in future years and budget this event as a county -wide recreation function. D. CONSULTATION SERVICES - OPPORTUNITIES FOR FAMILIES GRANT Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a consultation services agreement with the Center for Early Adolescence to assist in developing Opportunities for Families Fund Proposal. VOTE: UNANIMOUS B. ZONING ENFORCEMENT CASES CIVIL PENALTIES Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to rescind the demand for payment of civil penalties that was sent to Howard and Rebecca D. Williams of 2711 Buckhorn Road. The violations were corrected by January 8, 1991. VOTE: UNANIMOUS F. 1991 BOARD OF COUNTY COMMISSIONERS' GOALS Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the 1991 Board Goals as amended. This document, as amended by the Board, is an attachment to these minutes on pages VOTE: UNANIMOUS G. FEASIBILITY STUDY - N.C. HIGHWAY 54 WIDENING Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to authorize Chairman Carey and Commissioner Gordon to write and forward a letter addressing the issue of N.C. Highway 54 widening and the projects the County wishes to include in the Transportation Improvement Program instead of the feasibility study. VOTE: UNANIMOUS H. 1991 JOINT PLANNING PUBLIC HEARING SCHE ULE Motion was made by Commissioner Gordon, seconded by Chairman Carey to approve the dates of May 2 and October 10 for the Joint Planning public hearings. VOTE: UNANIMOUS XI. APPOINTMENTS Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the appointment of Dazzie Lane to the JOCCA Board of Directors as the Carrboro representative. 12 VOTE: UNANIMOUS XII. MINUTES meeting. Action on the minutes was postponed to the next regular XIII. EXECUTIVE SESSION Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to adjourn to Executive Session to discuss property /site acquisition and a personnel matter. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Chairman Carey to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to consider, motion was made by Commissioner Willhoit, seconded by Chairman Carey to adjourn this meeting. The next Regular Meeting will be held on April 1, 1991 at 5:30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. VOTE: UNANIMOUS Beverly A. Blythe, Clerk Moses Carey, Jr., O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 1 Action Agenda Item #_ SUBJECT: PETITION FOR ADDITION - CHIP LANE IN CHAPEL HILL INDUSTRIAL PARK DEPARTMENT: PLANNING PUBLIC SEARING Yes _X —No ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk Extension 2582 E.M. Cowan Letter of 2/20/91 Secondary Road Addition Report TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider a petition from NCDOT for approval of the addition of Chip Lane in Chapel Hill Industrial Park to the State- maintained Secondary Road System. BACKGROUND: The N.C. Department of Transportation has submitted a petition for the addition of Chip Lane in Chapel Hill Industrial Park to the Board of Commissioners for review. The Board's decision will be forwarded to the N.C. Board of Transportation for its deliberation on acceptance of the road to the State - maintained Secondary Road System. RECOMMENDATION: The Administration recommends approval of the addition of Chip Lane in Chapel Hill Industrial Park to the State - maintained Secondary Road System. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, North Carolina 27253 -0766 February 20, 1991 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY Orange County Mr. John M. Link, Jr., Manager Orange County 106 E. Margaret Lane Hillsborough, NC 27278 Subject: Petition for Addition - Chip Lane in Chapel Hill Industrial Park Dear Mr. Link: rB 22 1991, 2 I DIVISION OF HIGHWAYS' WILLIAM G. MARLEY. JR., P.E. STATE HIGHWAY ADMINISTRATOR I Attached is Form SR -4, Secondary Road Addition Investigation Report for the above subject road. This is being forwarded to you for review by your Board of Commissioners.. Yours very truly, E. M. Cowan, P.E. DISTRICT ENGINEER /acr Atta. cc: Mr. J. W. Watkins An Equal Opportunity /Affirmative Action Employer Flie: U -yU -21 County Orange NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS: SECONDARY ROAD ADDITION INVESTIGATION REPORT Co. File No. Township Chapel Hill Div. File No. Date 02 -06791 3 Local Name Chip Lane Subdivision Name Ch�el Hill Industrial Park Length 0.05' Width 20 Ft. Type I -2 Condition Good Is this a subdivision street subject to the construction requirements for such streets? yes Recording Date 04- 23 -90. Book 54 Page 187 Number of homes having entrances into road None Other uses-having entrances into road UPS Distribution Facilit Right -of -Way Width 50 Fr, If right -of -way is below the desired width give reasons under "Remarks and Recommendations." ' Is petition (SR -1) attached? Yes Is the County Commissioners Approval (SR -2) attached? If not, why? Is a.map attached indicating information for reference in locating road by the Planning Department? Yes Cost`to place in acceptable maintenance condition: Total Cast $ - Grade., drain, stabilize $ Drainage $ Other $ - Remarks and Recommendations Road nt recommend addition. Reviewed and Approved BOARD OF TRANSPORTATION MEMBER Reviewed and Approved J. W, W atkins .� � �+✓ DIVISION ENGINEER DISTRICT ENGINEER (Do not write in this space - For use of Secondary Roads Dept.) Petition No. (Do not write in this space - I For use of Planning Dept.) Form SR -4 (4/89)- 61 -03393 `i. � Jab �• �! •7f :. c IR ml 60 Wearer ..... CR t�;Si I nl ryl. h ~ n n cl M I h ►r' / C (: CLq ^B .06 9 R 0 n v FAQ .37 .46 1�FAU tr: ?`• FRI Pb. 0. to Or • ":,y{ ,r +{� �i. E;'�; "I ,�r - iti "`�''`fa[j[y +.; ...ij� `4,41 m � ........... SO.O ! 'I nvd -- — 53 •111 n ' fs[C': 9p.r ^ 4—FAUrI URB, tom• 41 �' ������ - ���' [.•........ rl �5 :�?:,ht �•rti'r:i'��.°r:�:::''.ni3:%�k., � EF }rik p� li l IL9 i ce LU r :M1''�4.fMf i Sy: •.j:.Yv %�;t'�Rk' - 'ie..i I 1�.�.�.�.�.�''.�.�.�.�. W I %:`; 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: CONTRACT APPROVAL; 911 EXPANSION PROJECT - DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING - YES: NO: XX ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 2652 CONTRACT Telephone Number - BONDS /INSURANCE Hillsborough -732 -8181 APPENDIX E; MBE PARTICIPATION Chapel Hill -967 -9251 NOTICE TO PROCEED Mebane - 227 -2031 Durham -688 -7331 PURPOSE: To approve the construction contract for Trout and Riggs Construction Company. BACKGROUND: The Board awarded a bid on March 4 for expansion at the 911 Center to Trout and Riggs Construction Company in an amount of $276,400. Following approval of the contract a Notice to Proceed will be issued with a commencement date of April 1. The project is scheduled for completion by mid - November. RECOMMENDATION: Approve contract for construction of 911 Expansion to Trout and Riggs Construction Company, Inc., for a sum of $276,400; and authorize the Chair to sign on behalf of the Board. T fl A �1 E R 1 C A N I N S T I T U T E AIA Document A101 F O F A R C H[ T EI la • Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.'' The 1987 Edition of AIA Document A201, General Conditions of the Contract -for Construction, is adoptedir in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The associated General Contractors of America. AGREEMENT made as of the twentieth (20th) ...... day of March ............... in the year of Nineteen Hundred and Ninety One (1991) . BETWEEN the Owner: County of orange (Name and address) P.O. BOX 8181 Hillsborough, NC 27278 and the Contractor: Trout & Riggs Construction Co., Inc. (Xame and address) P.O. Box 15160 Durham, NC 27704 The Project is. Orange County 911 Center Expansion (Name and location). SR 1732, New Hope Church Road Orange County, NC The Architect is: George M. Smart Architects, Inc. (Name and address) 113 N. Boylan Ave. Raleigh, NC 27603 The Owner and Contractor agree as set forth below Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, !P1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D,C, 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAII •171987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N-W„ WASHINGTON, D.G. 20006 A101 -1987 1 2 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert rbe date of commencement, if it differs from the date of ibis Agreement or, if applicable, state tbar The date will be fixed its a notice to proceed) The date of commencement of work will be established at a later date with a Notice to Proceed- issued by the Owner. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial. Completion of the entire Work not later than (lMert The calendar date or number of calendar days after the date of commencenrenl. Also insert any requirements for earlier Substatntial Com letion ofcer• lairs portions of Me trtitrA if not stated elseu`bere its The Contract Documents.) 225 Calendar days after the date of commencement established in the Notice to Proceed. Refer to Addendum No. 1, P_roj_ect Manual, for phased work sequence. -- , subject to adjustments of this Contract Time as provided in the Contract Documents. (I)ISPrt Prot- isions, if tilty. far liylrirlated [trltH[tkec relptlttg to fallntM to complete (pit lime.) Contractor shall be assessed $100.00 per calendar day for liquidated damages for failure to complete the project on time. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT - TWELFTH EDITION • AIAo • @1987 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W-, WASHINGTON, D.C- 20006 r. A101 -1987 2 3 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract SUM !of two hundred seventy six thousand seven hundred. .........:........Dollars ,S 2�G�700 .00 .......................) j P n- sub subject to additions and deductions as provided in the Co tract ocuments. 4.2' The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates, If decisions on other alternates are to be made by the Owner subsequent to the execution! of this Agreement, attach a schedule of such other alternates sbou-ing the amount for each and the date until which that amount is valid.) Alternate No. A -1: Install 2" asphalt concrete on driveways & parking areas over 8" stone base. Stone Base is Base Bid. Alternate No. A -2: Install folding partitions in Meeting Room 101,as specified in Section 10655. F 4.3 Unit prices, if any, are as follows: Trenching in rock ............ ....................$125.00 /cu. yd. Rock excavation ... ..............................$ 50.00 /cu. yd. Unsatisfactory soil excavation /backfill ......... $ 14.00/cu. yd. Concrete footings .............................. .$100.00 /cu. yd. AIA DOCUMENT A101 - OWNER - CONTRACTOR AGRPEMENT • TWELFTH EDITION • AIAO • C1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NFW Y0RK AVENUE, N.W., WASHINGTON. D.C. 20006 A101 -1987 3 0 Ir! ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: The Progress Payment Date shall be the 25th of each month. 5.3 Provided an Application for Payment is received by the Architect not later than the f i r s t - - - ..... . • • . . ................... day Of a month, the Owner shall make payment to the Contractor not later than the fifteenth - - - - - - - . - - . day of the same ... month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than forty five .... .........days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of theL Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten ...... ............................... percent ( . . . . . 10 ... %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably scored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably .stored off the site at a location agreed upon in writing), less retainage of ten .............. . percent( ..... 10 ... %)� .................... . 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to one hundred Sum, less such amounts as the Architect shall determine for incomplete. Work and unsettled .clai ss; and °�O) of the Contract 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions, 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Srrbsta)0tiat Conrpletiorr of rbe entire Wrork, to reduce or limit the rerainage resrdrirrg from the per-eerrtrnges insrr -red in Subpara- xrrrpbs 5.6.1 and 5 -6.2 aboee, annd this is not eaplataed etsemberr be The Contract Do[runents. insert heir prnr•isionrs for surf reclrrction or timitatiun.) AIA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION - AIA° • G�' 1087 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.t;. Wxx; A101 -1987 4 5, ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor ,,vhen (1 I ) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconformilig Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which neccssarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: F ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract Shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any,) (Usury lanes and requirements under the Federal Truth in Lending Act, similar state and local consumercredlt lates and otber regulations-al The Owner's and Contractor's principal places of business, the location of the Project and elseu•bere pray affect the validity of ibis provision. Legal advice should be obtained tritb respect to deletions or modifications, and also regarding requirements sucb as written disclosures or u•aiews.) 7.3 Other provisions: ARTICLE 13 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 'rhe Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAa • ®1987 'rilF AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 15 •1 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 -rhe Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document AID1, 1987 I',(litiOn . 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1 .3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated . January 28, 1991 ............... and are as follows: ' ' ' ' " Document Title RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR Pages PARTICIPATION IN ORANGE COUNTY CONSTRUCTION CONTRACTS ... 1-2 APPENDIX A - RESOLUTION TO ESTABLISH A VERIFIABLE PERCENTAGE GOAL FOR PARTICIPATION BY MINORITY BUSINESSES IN THE AWARDING OF BUILDING CONSTRUCTION CONTRACTS AWARDED PURSUANT TO N.C.G.S. 143 - 128 ........ 1 -4 APPENDIX B - ORANGE COUNTY. MINORITY BUSINESS PARTI- PATION PLAN.......... ..1 -2 APPENDIX C - MBE CONSTRUCTION. CONTRACTS• PROVISIONS ...... 1 -3 APPENDIX D -- MBE UTILIZATION COMMITMENT .................1 APPENDIX E - LETTER OF INTENT TO PERFORM AS A SUB- CONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES ........ 1 ORANGE COUNTY MINORITY VENDORS LIST........... SUPPLEMENTARY GENERAL CONDITIONS... " . 1-8 1 -10. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (,lfitber list 11.1N .SF eCrJicruints burr or refer to car exhibit attached to Ibis Agreerttett(.) Section Title Pages See "Attachment A ". AIA DOCUMENT A101 • OWNFR.CoN•rRACTOR AGREEMENT • TWELFTH EDITION • AIAO T QI987 HE AMERICAN tNSTITUTF OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTQN, D.C. 20087 A101 -1987 6 9. 1.5 The Drawings are as follows, and are dated 2 8 January 19 91 ... unless a different dace is shown below: (Huber list the Drawings here or refer to an exhibit atla[hed to this Agreement.) Number Title Date C- 1 .......... Cover Sheet 28 January 1991 A- 1 .......... Site Plan and Site Details of A- 2 ........... Foundation Plan, Floor and Roof Framing Plan " A- 3 .......... Basement Plan, Room Finish Schedule, and 9.1.6 The Addenda, if any, are as follows: Number Date 1 February 13, 19.91 Pages 6 F Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requiremenrs :rl',Ic also enumerated in this Article 9. AIA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA* - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W„ WASHING? "ON, D.C. 200W A101 -1987 7 Door Schedule of A- 4 .......... First Floor Plan and Interior Elevations of A- 5 .......... Reflected Ceiling Plans and Exterior Elevations of A- 6 .......... Building Section and Miscellaneous Details it A- 7 .......... Building Section and Miscellaneous Details if P- 1 .......... Demolition Plans -- Plumbing to P- 2 .......... First Floor Plan - Plumbing,.Riser Diagrams Fixture Schedules " P- 3 .......... Basement Floor Plan - Plumbing " M- 1 .......... Demolition Plans - Mechanical " M- 2 .......... First Floor Plan - Mechanical " M- 7 .......... Basement Plan - Mechanical and Equipment Schedule " .E- 1 .......... Demolition Plans - Lighting " E- 2 .......... Demolition Plans - Power " E- 3 .......... First Floor Plan - Lighting and Fixture Schedule " E- 4 .......... Basement Plan - Lighting E- 5 .......... First Floor Plan - Power and Panel Schedules " E- 6 .......... Basement Floor Plan -- Power and Riser Diagram 9.1.6 The Addenda, if any, are as follows: Number Date 1 February 13, 19.91 Pages 6 F Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requiremenrs :rl',Ic also enumerated in this Article 9. AIA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA* - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W„ WASHING? "ON, D.C. 200W A101 -1987 7 rA 9,1.7 Otner uocuments, I any, forming part of the Contract Documents are as follows: Gist here rnty additional (aliments wbieb are intended to form parr o %!he Contract Documents. The Generai Cpndlticft Provide That bidding requirements such (i5 rltl!'!•rifr the fret-merit. or int •tt boul t0 did, listed bore o n$ to Bidders, santrle fauna and the Contractor S bid are = Part Of the Contract Documents untes enumerated n rl,ia rikrlti•nrrrn. 77xy should be llsred Gprp poly if intended to be part of the Contract Documents.) r fro This Agreement is entered into as of the day and year first written above and is executed in a (east three original copies of which one is to be delivered to the Contractor, one -to the Architect for use in the administration of the C,ontrlet, and the remainder to the Owner. OWNER (Signature) Moses Carey, Jr. Chairman, Board (PrIlitc(l nellow totel title) CONTRACTOR Trout & Riggs Construction Co., Inc. (Sigma Of Commissioners George M. Trout , president -- (Printed name arid title) AIA DOCUMENT A101 0 OWNER - CONTRACTOR AGREEMENT • TWELFTN EDITION • ALA* . ®Ie97 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, U.C. 20006 A101 -1987 8 Page one of Attachment A SECTION 01010 - SUMMARY OF THE WORK SECTION 01020 - ALLOWANCES SECTION 01026 - UNIT PRICES SECTION 01027 - APPLICATIONS FOR PAYMENT SECTION 01030 - ALTERNATES SECTION 01040 - PROJECT COORDINATION SECTION 01045 - CUTTING AND PATCHING SECTION 01200 - PROJECT MEETINGS SECTION 01300 - SUBMITTALS SECTION 01400 - QUALITY CONTROL SERVICES SECTION 01500 -- TEMPORARY FACILITIES SECTION 01500 -A -1 PROJECT SIGN DETAIL SECTION 01700 - PROJECT CLOSEOUT SECTION 01740 - WARRANTIES AND BONDS SECTION 02070 - SELECTIVE DEMOLITION SECTION 02110 - SITE CLEARING SECTION 02200 - EARTHWORK SECTION 02210 -- SEDIMENT CONTROL SECTION 02282 - TERMITE CONTROL SECTION 02513 - ASPHALT CONCRETE PAVING SECTION 02514 - PORTLAND CEMENT CONCRETE PAVING SECTION 02710 - FOUNDATION DRAINAGE SECTION 02900 - LANDSCAPE WORK SECTION 03310 - CONCRETE SECTION 04200 - UNIT MASONRY SECTION 04320 - REINFORCED UNIT MASONRY SECTION 05210 - STEEL JOISTS, JOIST GIRDERS SECTION 05300 - METAL DECKING SECTION 06100 - ROUGH CARPENTRY SECTION 06192 - PREFABRICATED WOOD TRUSSES SECTION 06200 - FINISH CARPENTRY SECTION 07110 - SHEET MEMBRANE WATERPROOFING SECTION 07200 - INSULATION SECTION 07311 - ASPHALT SHINGLES SECTION 07460 - SIDING SECTION 07600 - FLASHING AND SHEET METAL SECTION 07900 - JOINT SEALERS SECTION 08110 - STEEL DOORS AND FRAMES SECTION 08211 - FLUSH WOOD DOORS SECTION 08520 - ALUMINUM WINDOWS SECTION 08710 - FINISH HARDWARE SECTION 08800 - GLASS AND GLAZING SECTION 09250 - GYPSUM DRYWALL SECTION 09511 - ACOUSTICAL PANEL CEILINGS SECTION 09521 - ACOUSTICAL WALL PANELS 1 -2 1 1 1 -3 1 1 -3 1 -2 1 -5 1 -3 1 -4 1 1 -4 1 -2 1 -4 1 1 -5 1 -2 14 1 -2 1 -4 1 -3 1 -3 1 -4 1 -3 1 1 1 -2 1 -3 1 -2 1 -2 1 -3 1 1 -2 1 1 1 -2 1 -2 1 -2 1 -3 1 -3 1 -2 1 -3 1 -3 1 -2 I 9 a n Page two of Attachment A SECTION 09650 - RESILIENT FLOORING 1 -2 SECTION 09680 - CARPETING 1 -3 SECTION 09900 - PAINTING 1 -8 SECTION 09950 - WALL COVERINGS 1 -2 SECTION 10160 - TOILET PARTITIONS 1 -2 SECTION 10270 - ACCESS FLOORING 1 -4 SECTION 10522 - FIRE EXTINGUISHERS, CABINETS, AND ACCESSORIES 1 -3 SECTION 10655 - ACCORDION FOLDING PARTITIONS (Alt. A -2) 1 -2 SECTION 10800 - TOILET AND BATH ACCESSORIES 1 -3 SECTION 11450 - RESIDENTIAL EQUIPMENT 1 -3 SECTION 12390 _ KITCHEN CABINETS 1 -2 SECTION 12500 - WINDOW TREATMENT 1 -2 SECTION 15010 - GENERAL CONDITIONS OF THE CONTRACT 1 -4 SECTION 15051 - PLUMBING /MECHANICAL RELATED WORK 1 -17 SECTION 15060 - PIPE AND PIPE FITTINGS 1 -7 SECTION 15100 -- VALVES 1 -5 SECTION 15120 - PIPING SPECIALTIES 1 -5 SECTION 15140 - SUPPORTS AND ANCHORS 1-7 SECTION 15250 - MECHANICAL INSULATION 1 -8 SECTION 15401 - DOMESTIC WATER PIPING SYSTEMS 1 -5 SECTION 15405 - SOIL AND WASTE PIPING SYSTEMS 1 -6 SECTION 15440 - PLUMBING FIXTURES 1 -6 SECTION 15488 -- FUEL GAS SYSTEMS 1 -6 SECTION 15520 - AIR COOLED CONDENSING UNITS 1 -2 SECTION 15540 - GAS FURNACES 1 -2 SECTION 15630 - AIR FILTERS, DISPOSABLE 1 SECTION 15800 - AIR DISTRIBUTION SYSTEM 1 -4 SECTION 15830 - FIRE AND SMOKE DAMPERS 1 -2 SECTION 15880 - TOILET EXHAUST FANS - CEILING MOUNTED 1 SECTION 15920 - HVAC CONTROLS 1 -2 SECTION 15980 - TESTING, ADJUSTING, AND BALANCING 1 -4 SECTION 16010 - GENERAL CONDITIONS OF THE ELECTRICAL CONTRACT 1 -5 SECTION 16050 - BASIC ELECTRICAL MATERIALS AND METHODS 1--10 10 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Trout & Riggs Construction Co.., In (Here insert full name and address or legal title of Contractor) P. 0. Box 15160, Durham, N. C. 27704 as Principal, hereinafter called Contractor, and, Great American Insurance Company (Here insert full name and address or legal title of Su rcty) Cincinnati, Ohio as Surety, hereinafter called Surety, are held and firmly bound unto County of Orange (Here insert full name and address or legal title of Owner) P. 0. Box 8181, Hillsborough, N. C. 27278 as Obligee, hereinafter called Owner, in the amount of Two Hundred Seventy Six Thousand, Seven Hundred and nol100 ------------------------------- ----------- - - - - -- Dollars ($ 276,700.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated March 20, 19 91 , entered into a contract with Owner, for (Here insert full name, address and description of project) Orange County 911 Center Expansion SR 1732, New Hope Church Road, Orange County, N.C. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of ArcNitecil George M. Smart Architects, Inc. 113 N. Boylan Avenue Raleigh, N.C. ,27603 which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 9 ' FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 171i %,Y. AVE., N.W.. WASHINGTON, D. C. 20006 12 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 20th. day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract pace; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. F, March, 19 91 Trout & Riggs Construction Co., Inc. I Prineip.�l! (Seal) I Wilnrsx) � illcl r Great American Insurance Company rsl�rtty) �s�.�i� COU .,•.� �.: Wa ter J. ni er IT;Ifr�l ttorney L.It;e�ed Resident Agent • AIA DOCUMENT A311 • PERroeMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 rEBRUARY IWO ED. • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. MW 13 I I ; THE AMERICAN INSTITUTE OF ARCHITECTS X41 AIA Document A311 Labor and Material Payment Bond F THE THIS BOND IS ISSUED PERFORMANCE BOND IN OWNER CONDITION DSON THE FULL SAND WITH FAITHFULL PERFORMANCE OF THEOCOOTRACT F' I KNOW ALL MEN BY THESE PRESENTS: that Trout & Riggs Construction Co., Inc.' (Here insert full name and address or legal tide of contractor) P. 0. Box 15160, Durham, N.C. 27704 as Principal, hereinafter called Principal, and, Great American Insurance Company (Here insert full name and address or legal title of Surety) Cincinnati, Ohio as Surety, hereinafter called Surety, are held and firmly bound unto (Here County name ot and as gseor legal tale of Owner) P. 0. Box 8181, Hillsborough, N.C. 27278 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the Two Hundred Seventy Six Thousand, Seven Hundred amount of (Here in t no/ 0 — w insert o 10 at least one-half of the contract price) R - -- Dollars (s 276,700-00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated March 20, 19 91 , entered into a contract with Ownerlfor (Here insert full name, address and description of projecO Orange County 911 Center Expansion SR 1732, New Hope Church Road, Orange County, N.C. in accordance with Drawings and Specifications prepared by (Here insert lull name and address or legal title of Architect) George M. Smart Architects, Inc. 113 N.Boylan Avenue Raleigh, N.C. 27603 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA FEBRUARY `19 0 ED. - THE AMERICAN �INSTITUTTE OF ARCHITECTS, 1735 N.Y. AVE.. N` W. WASHINGTON, D. 0.120006 PAYMENT 14 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS osi 1GATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise It shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract, Z. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a . period of ninety (90) days after the date on which the last of such claimant's work or labor view done or performed, or materials ere furnished by such claimant, may sue on this bond w for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this 20th. day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period Of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. March, 19 91 Trout & Riggs Construction Co. Inc. f(-- ' Tvu_ (Principal) Iseall Z,( (WrinrsS) _1 ( ula) r ol Great American Insurance 6mpany 4k (Surely) IScall AA der Sn i (ritfr ) �-��— Attorney-in-fact iflanearl pecirlar* Anew* al AIA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED, • THE AMERICAN INSTITUTE OF ARCHITECTS, 17:3S N.Y_ AVE., N.W., WASHINGTON, D. C. 29M6 4 GZM AIVERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No. 0 14798 EIGHT POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organize',d and existing under and by virtue of the laws'of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company. as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below'. Name Address Limit of Power COLLIER COBB, III DAVID M. SPENCER ALL OF ALL JACK C. SMITH, JR. R.E.L. BARNES CHAPEL HILL, NORTH CAROLINA. UNLIMITEb WnTER' J. SNIDER LARRY A. SU 24ER.S C. DUKE THO PSON C. W. ADAMS This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -Fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17th day of April l 9 90 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss On this 17th day of April, 1990 , before me personally appeared WILLIAM J. MANEY,',to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Ins iurance Company; the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -ln -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contmcis of suretyship, or other written obligations in the nature thereof to prescribe their respective ,duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or, other written obligation in the nature thereof, such -signature and seal when so used being hereby adopted by the Companv as the uriginal signature of such officer and the original seal of the Company, to be valid and binding upon the Compan'v with the some force and effect as though manually affixed CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full farce and effect. Signed and sealed this day of S1029M 103 /90i MOOR& CORROON & BLACK /COLLIER COBB OF THE CAROLINAS, INC. P.O. BOX 2166 CHAPEL HILL, NC 27515 919 - 969 -4472 COPE sumow Trout & Riggs Const. Co., Inc. P0Box 15160 Durham NC 27704 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A LLEETMR B LET�TERANY C PONY D COMP LETTERANY E THIS IS TO CERTIFY THAT THE E OLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS, L TYPEOr WSMNiANOE L POLICY lWM6EJM POLICY OMTN9 POLIOY EWMAT ALL LIMITS N TNOYSANN OATe(uMUpDiYY) 54TE(mm,00,YY) A X COMMERCIAL C>ENERAL LIABILITY CENERAL AOOREOATE f 3000 PAC369136 3/31/90 3/31/91 PRODUCrs�oMP/DPS aoOREOArE f CLAN M S MADE ® 10 0 D OWNER'S L CONTRACTOR'S PROT TONAL L ADYERTISINOINJLRY f 000 EACH OCCU ENCE f loan FIRE DAUaOE (Any am I'r�) f 50 AWTOMDIILE LIMLITY MEDICAL EXPENSE (Any cn. pwsc) f 5 A X ANY Auro CAP6369020 3/31/90 3/31/91 f sINaE ALL OWNED AUTOS LIMIT 5D0 DEM PTION OF OPQMATMMMCLOOATI Iypl IAL WORK AS ORDERED ON THE ORANGE COUNTY 911 CENTER EXPANSION, SR 1732, NEW HOPE CHURCH ROAD, ORANGE COUNTY, NC >` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES bE CANCELLE BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING, COMPANY WILL ENDEAVOR TO -MAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COUNTY OF ORANGE LEFT. BUT FAILURE TO MAL SUCH NOTICE SHALL &OPOSE NO OBLIGATION OR P.O. BOX 9181 LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES HILLSBOROUGH, NC 27270 ........ ..... ........ _ AYE 0237000 SCHEDULED AUTOS INJURY f A X HIRED AUTOS (P- Pe►sm) A X NON -OWNED AUTO$ CPAJILY INJURY f OARAQE LIABILITY (Per Aac'dwol WI(J=iY OA f EXOMLIAOLTTY A X OTHER THAN UM�,A FORM LINB9464933 3/31/90 3/ 31 / 91 N� f 5000 f 5000 Wes= OOMPENSAigN STATUTORY A WC- 6045005 100 EIAPI.OY9WLIAeLITY 3/31/90 3/31/91 f (DISEASE4KXICYLIMIT) OTHETM f 10 (DISEeSE -EACH EMPLOYEE) DEM PTION OF OPQMATMMMCLOOATI Iypl IAL WORK AS ORDERED ON THE ORANGE COUNTY 911 CENTER EXPANSION, SR 1732, NEW HOPE CHURCH ROAD, ORANGE COUNTY, NC >` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES bE CANCELLE BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING, COMPANY WILL ENDEAVOR TO -MAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COUNTY OF ORANGE LEFT. BUT FAILURE TO MAL SUCH NOTICE SHALL &OPOSE NO OBLIGATION OR P.O. BOX 9181 LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES HILLSBOROUGH, NC 27270 ........ ..... ........ _ AYE 0237000 17 .......... ......... . ..................... CAM (MM/001" UL a AD -FT THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, 15 IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. COMPAN9 -Flow= CORROON & BLACK/CCA — CH Great American Insurance Co. P.O. BOX 2156 P.O. Box 29509 CHAPEL HILL, NC 27514 Raliagh, N.C. i Acctg. Dept Oat Emory 919-960-4472 27626-0509 con SLM40N POLOY NUMMM Trout & Riggs Const. Co., Inc. �R072310203 P.O. Box 15150 ZXPMATKMDATE UMOTIVEDATI! (MUM797T (MM/UUIYY) KURNM'141D Durham NC 27704 3/31/92 PFCHECXE THIS WLMZS PRKM ZVOOM9911TW; . . . . . . . . . . . . . . 1-11-n 01 • N VO ORANGE COUNTY 911 CENTER EXPANSION, SR 1732, NEW HOPE CHURCH RD. ORANGE CO. R 7-1?1 AMOUNT OF INSURANN PROPERTY AT JOBSITE 276,700 1000 PROPERTY IN TRANSIT 10,000 1000 TEMPORARY LOCATION 25,000 1000 M 2. 4" :XXX OWNER: COUNTY OF ORANGE P.O. BOX 0181 HILLSBOROUGH. NC 27279 �� ••••• � •�••�THE•PQLICY IS SUBJECT TO THE PREMIUMS, FOR>tAS, AND RULES IN EFFECT FOR ACH POLICY PERIOp. SHOULD ',i THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW �e WRITTEN NOTICE, AND WILL SENQ NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT I' INTEREST, IN ACCORpANCE WITH THE POLICY PROVISIONS OR AS REOUIREp BYLAW. , ••• •" x ••+ }+••••••• + . ..... .. .... "•• • • • NAME AND IA"= OF MORTA AWTIONAL IMRM :3 COUNTY OF ORANGE P.O. BOX 111181 LOSS PAYEE HILLSBOROUGH, NC 27278 a ATM OR OF OMPAN 040237 SUMMARY OF MINORITY BUSINESS PARTICIPATION PROJECT MAIM: ORANGE COUNTY 911 CENTER EXPANSION FIRM NAME CONTRACT AMOUNT CLETIS FAUCETTE, Masonry $ 2,841.00 DOUGLAS YATES, Grading 17,000.00 QUALITY UNLIMITED, INC., carpet 6,385.00 TEAM CONTRACTORS, INC., base 8 paving 21,317.00 TOTAL MBE CONTRACTS $47,543.00 $ OF TOTAL PROJECT 17.184 F IV] 19 I 911 CENTER 100 -019 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES SUBJECT: ORANGE COUNTY 911 CENTER EXPANSION (Name of Project) TO: TROUT & RIGGS CONSTRUCTION CO., INC. (Name of Prime Bidder) The undersigned intends to perform work in connection with the above project as a Minority Business Enterprise. The MBE status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the abode, project. Please specify in detail the particular work items, materials or services you will perform or provide as it regards this project. State the price you have quoted: $ 2,841.00 Subcontracting at any tier must be reported and is subject to all', MBE compliance requirements. This form shall be used for MBE, subcontracting at any level. CLETIS FAUCETTE, NaSOn Name of Minority Contractor DATE:- lurch 7, 1991 BY: LETTER OF INTENT... APPENDIX E 1' I 20 911 CENTER 100 -019 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR TO PROVxDE :iATERIALS QR SERVICES SUBJECT: ORANGE COUNTY 911 CENTI?R EXpANgzON (Name of Project) TO: TROUT & RIGGS CONSTRUCTION CO., INC. (Name of Prime Bidder) The undersigned intends to perform work in connection with the above project as a Minority Business Enterprise. The MBE status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the above project. Please specify in detail the particular work items, materials or services you will perform or provide as it regards this project. State the price you have quoted: $ 17 a 000.00 Subcontracting MBE compliance subcontracting at any tier must be reported and is subject to all requirements. This form shall be used for MBE at any level. DOU las Yates Grads Name of Minority Contractor DATE: March 72 1991 BY: LETTER OF INTENT... APPENDIX E 1 21I ` 9.11 CENTER 100 -019 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES SUBJECT: ORANGE COUNTY 911 CENTER MANSION (Name . of Project) T0: TROUT & RIGGS CONSTRUCTION CO., INC. I (Name of Prime Bidder) The undersigned intends to perform work in connection with the' above project as a Minority Business Enterprise. The MBE status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the above project. Please specify in detail the particular work items,, materials or services you will perform or provide as it regards this project. Carpet State the price you have quoted: $ 69385.00 Subcontracting at any tier must be reported and is subject to all MBE compliance requirements. This form shall be used for MBE subcontracting at any level. QUALITY UNLDaTED, INC. .Name of Minority Contractor DATE: March 8 1991 BY: AP PENDIX E LETTER OF INTENT... AP 1 22 911 CENTER 100 -019 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES SUBJECT: ORANGE COUNTY 911 CENTER E%PANSION (Name of project) T0: TROUT & RIGGS CONSTRUCTION CO., INC. (Name of prime Bidder) The undersigned intends to perform work in connection with the above project as a Minority Business.Enterprise. The MBE status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the above project. Please specify in detail the particular work items, materials or services you will perform or provide as it regards this project. Base course and asphalt paving State the price you have quoted: $ 21 317.00 Subcontracting at any tier must be reported and is subject to all MBE compliance requirements. This form shall be used for MBE subcontracting at any level. TEAM CONTRACTORS, INC. Name of Minority Contractor DATE: March S, 1991 BY: LETTER OF INTENT... APPENDIX E 1 Wo ORANGE COUNTY BOARD OF COMMISSIONERS 1 Action Agenda Item No. V- �. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: PROCEDURE FOR -LOCAL TRAVEL EXPENSE REIMBURSEMENT r DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X` - - ATTACHMENT(S): YES - POLICY #430 INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham -- 688 -7331 PURPOSE: To amend the policy for local travel expense reimbursement to specify local travel as personal mileage. BACKGROUND: A procedure for local travel expense reimbursement was approved by the Board of Commissioners on September 18, 1990. The policy specifies that each County Commissioner may receive $50 per month for local travel and the Chairman may receive $75 per month. RECOMMENDATION(S): Change the policy to indicate that each County Commissioner may receive $50 per month for personal mileage and the Chairman may receive $75 per month. POLICY FOR:INSERTION INTO THE POLICY MANUAL MEETING DATE: September 18. 1990 NUMBER: 430 EFFECTIVE DATE: September 1., 1990 REVISIONS: POLICY: PROCEDURE FOR LOCAL TRAVEL EXPENSE REIMBURSEMENT County Commissioners may receive $50 per month for local travel, and the Chairman may receive $75 per month. Each Commissioner will have an opportunity at the beginning of each fiscal year to elect to be reimbursed based on submission of periodic local travel expense reimbursement requests or receive_a set amount each month. Out -of -area travel (greater than 30 miles from Orange County) would continue to be handled as it currently is handled by the Finance Department. H 1 0) f I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V-1) ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: AMENDMENT TO THE MASSAGE ORDINANCE ---------------------- DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S): YES - ORDINANCE INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 --- mmmm PURPOSE: To amend the Massage Ordinance to provide a time period after approval of application in which to pay the license fee and receive a license. BACKGROUND: As part of my responsibility I receive applications for those who want to start a business or profession of massage and also for those who want to practice massage. On three occasions, after the application has been received, the person let from six months to one year and in one case two years lapse before actually paying for and receiving a license. We do not have in the ordinance a timeframe specified before a person would need to reapply. on every applicant the Sheriff is required to do an investigative report. I recommend that the Ordinance be amended to indicate that "failure to pay the fees within sixty days will cause the permit approval to lapse and will require reapplication before a permit can be issued." This statement would need to be added to Section 1 -3(E) and Section 1-4(F). RECOMMENDATION(S): Approve the proposed amendment to Section 1 -3(E) and Section 1 -4(F) of the Massage Ordinance. 2 RESOLUTION AND ORDINANCE TO PROVIDE FOR THE CONTROL OF MASSAGE AND MASSAGE ESTABLISHMENTS Pursuant to authority provided in N.C. Gen. Stat. Sec. 153A -121, 153A -123 and 153A -134 the Board of Commissioners of Orange County', hereby resolves and ordains as follows: Sec.-J-1- Definitions. Unless the context clearly indicates otherwise, the following terms shall have the respective meanings ascribed to them: BUSINESS OR PROFESSION OF MASSAGE: The massage or treatment Of any person for a fee or in expectation of a gratuity from the person massaged. MASSAGE: The manipulation of body muscle or tissue by rubbing',, stroking, kneading, or tapping, applied by hand, arm, foot or mechanical device. MASSAGE BUSINESS: Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios and massage parlors. 01 3 MASSAGE PRACTITIONER: Any person engaged in the business or profession of massage. Sec. 1 -2. Scope. The therapeutic application of massage is one of the oldest healing arts known to humankind; a practice which can provide many benefits to an individual's state of well - being. To protect public health, safety, welfare and morals, the following Privilege license provisions and regulations are ordained for the privilege of carrying on the business, trade, or profession of massage practitioner and for the operation or carrying on of the businesses, trades, or professions commonly known as massage clinic, massage parlor, health salon, health club, physical culture studio, or similar establishment wherein massage or physical manipulation of the human body is carried on or practiced. The provisions of this ordinance -shall not apply to a regularly established and licensed hospital, sanitarium, nursing home, nor to an office or clinic operated and regularly used by a duly licensed physician, surgeon, osteopath, chiropractor, physical therapist or podiatrist in connection with the practice of medicine, chiropractic, osteopathy, physical therapy or podiatry. The provisions of this ordinance shall not apply to: 0a A.. physicians, physical therapists or Carolina; • I surgeons, chiropractors, osteopaths, podiatrists duly licensed in North a. registered or practical nurses duly licensed in North Carolina working under the supervision of a licensed, physician, chiropractor, osteopath or podiatrist; C. cosmetoligists, barbers or beauty culturists duly, licensed in North Carolina who do not give, or hold themselves out to give massages other than are customarily given in barber' shops and beauty shops,solely for the purpose of beautification. Sec. 1 -3. Licensing of massage business operators. ('A) No person shall operate a massage business as herein defined unless such person shall have first applied for and received the license provided by this section. A license issued pursuant to' .. this section is a privilege license issued to the applicant only,, and is not transferable. (B) Every application-for the privilege license prescribed herein', shall be upon a form approved by; the County Manager and shall bel, filed with the Clerk to the Board of County Commissioners. Every such application shall be made under oath and shall contain the following information: 3 5 (1) If the applicant is a person, the name of the applicant, any aliases ever used by the applicant, the age, the sex, social security number (optional) and past military identification number of the applicant; the residence address of the applicant and the residence addresses of the applicant for the 10 years preceding the date of the application. If the applicant is a partnership, corporation or association, the following information regarding each person having any legal or beneficial interest in such applicant: name, any aliases ever used, sex, social security number (optional) and past military identification number, the residence address and the residence addresses for the ten years preceding the date of the application; and (2) The address of the premises where the massage business shall be located; and (3) A complete statement of all convictions of any person whose name is required to be given in subparagraph (1) above of any crime involving sexual misconduct, including but not limited to I.C. Gen. Stat. Secs. 14 -177 through 14 -202.1 4 11 (Article 26,- Offenses Against Public Morality and Decency) , N.C. Gen. Stat. Secs. 14 -203 through 14 -208 (Article 27, Prostitution), any section of this ordinance, any federal statute relating to prostitution or any law or ordinance ofl any governmental unit concerning the business of massage;) and (4) A complete statement of any revocation, by any' governmental unit, of any license and the existence of any' license to operate a massage business or to engage in the' business or profession of massage held or formerly held by any person whose name is required to be given in subparagraph (1) above; and (S) A complete statement of any convictio n of any p erson whose name is required to be.given in subparagraph (1) above for violation of any statute, law, ordinance or regulation of any government concerning the operation of a massage business or the business or profession of massage; and (6) The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in subparagraph (1) above wherein thle �j business or profession of massage is carried on; and, 9 7 (7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. (C) The Clerk to the Board of County Commissioners shall transmit a copy of the application to the Sheriff's Department for an investigative report. If after completing the investigation of the applicant using the information obtained from the applicant required above, the Sheriff shall deem it necessary to positively identify the applicant or any person having any legal or beneficial interest in the applicant in order to confirm a fact necessary for the applicant to be licensed, the Sheriff shall present the information upon which he has made this determination to one of the Judges of the District Court in the 15B Judicial District. If the Judge shall determine, from 'the information presented by the Sheriff, that there is probable cause to believe that a fact revealed in the Sheriff's investigation would disqualify an applicant from receiving a license under this ordinance, the Judge shall order and authorize the Sheriff to confirm that fact by the use of fingerprints. ;-;hen such an order is issued, it shall -.be the added responsibility of the applicant or any person having a legal or beneficial interest in the applicant to submit his or her,'fingerprints, taken by the Orange County Sheriff's Department, as part of the application required in subsection (B) of this section. M ix S The Clerk, to the Board of County Commissioners shall also transmit a copy of the application to the Department of Inspections to determine compliance with all zoning and building regulations and ordinances. The Sheriff's Department in co -' operation with the respective fire district chief shall - determine) compliance with any law relating to fire protection. The Sheriff's Department shall, within a reasonable time, not to' exceed forty -five (45) days, report the results of its examinations to the Clerk to the Board of County Commissioners. (D) An application in proper form, accompanied by all reports) required by this section, shall be submitted to the County', Manager, who shall approve such application if such officer' determines that: (1) The application contains no misstatement of fact; and (2) The applicant, or any person having any legal or' beneficial ownership interest in the applicant, has not been' convicted, for the five -year period preceding the date of', the application, of any crime listed in Section 1- 3(B)(3) of, this ordinance; and I (3) The applicant conforms to all requirements of applicable zoning, building; and fire prevention codes; 7 (4) The applicant or any person having a legal or beneficial interest in the applicant has not, for the three -year period preceding the application, had a previously issued license for engaging in the business or profession of massage revoked. (E) Upon approval of the application by the County Manager, and upon receipt of a seventy -five dollar ($75.00) license fee, the Collector of Revenue shall issue a privilege license to the applicant. (F) A license issued pursuant to this section shall be revoked by action of the County Manager if the County Manager determines that: (1) The licensee has violated any provisions of this ordinance; or (2) The licensee, or any agent of the licensee, employs or permits to be on the premises of the applicant's massage business any person practicing the business or profession of massage who has not been issued the privilege license required by Section 1 -4 ,hereof, or whose license under Section 1 -4 has been revoked; or F E 10 (3) The, lice -nsee, or the legal or beneficial owner of any interest in the licensee is, after the license under this section is issued, convicted of any crime listed in Section 1 -3 (B) (3) of this ordinance; or (4) Any employee of the licensee is, after the license under this section is issued, convicted of any crime listed in Section 1 -3 (B) (3) of this ordinance; or (5) The licensee violates any zoning, building or fire prevention ordinance; or (6) The licensee is guilty of fraudulent, false, misleading) or deceptive advertising, including the use of the terms "massage" to describe, promote or advertise any type o�, business activity or service which is prohibited by this' ordinance or which is not massage as defined in this ordinance. (G) A license issued ,pursuant to this section shall be revoked by the County Manager if the licensee ceases for thirty (30) "o eratin a massage business" at the location consecutive days P g required to be stated in the application for license pursuant to subsection (B) (2) of this section. 9 LN.I (H) Any person whose application for .a license is denied by the County manager pursuant to subsection (D) of this section or revoked pursuant to subsection (F) or (G) of this section may appeal such decision to the Board of County Commissioners. An appeal is taken by filing written notice of such appeal with the Clerk to the Board of County Commissioners within ten (10) days following the date of the decision. The Board of County Commissioners shall set the appeal for hearing in the manner provided by Section 1 -7 of this ordinance. The Board may affirm, modify or reverse the County Manager's decision. Sec. 1 -4. Licensing of massage practitioners. (A) No person' shall engage in the business or profession of massage unless such person shall have first applied for and received the license provided by this section. A license issued pursuant to this section is a privilege license issued to the applicant only and is not transferable. (B) The application for the license required by this section shall be upon a form approved by the County Manager and shall be filed with the Clerk to the Board of County Commissioners. Such application shall be given under oath and shall contain the following information: 10 ,1,112 (1) The name of the applicant, any aliases ever used by then I applicant, the age, the sex, social security number (optional) and past military identification number of the residence address of the applicant and the' applicant; the, re 1 residence addresses of the applicant for the ten years) preceding he date of the application; and g (2) A complete statement of the previous business or, occupation of the applicant for the two (2) years11 immediately preceding the date of application, including any massage establishment e::perience; and (3) A complete statement of all convictions of the applicant for any crime listed in Section 1- 3(B)(3) of this ordinance; and (4) A complete statement of any revocation of any license granted by any governmental unit to the applicant to engage in the business or profession of massage; and (5) The date and place of the applicant's birth and the names of the applicant's parents. (C) The applicant shall submit, as part of the application required in subsec tion B) of this section, two (2) recent � 11 13 photographs of the applicant's head and shoulders, of a size and quality prescribed by the County Manager. The information required by this subsection shall be provided at the applicant's expense. (D) The Clerk to the Board of County Commissioners shall transmit a copy of the application to the Sheriff for an investigative report. If after completing the investigation of the applicant using the information obtained from the applicant required above, the Sheriff shall deem it necessary to positively identify the applicant in order to confirm a fact necessary for the applicant to be licensed, the Sheriff shall present the information upon which he has made this determination to one of the Judges of the District Court in the 15B Judicial. District. If the Judge shall determine, from the information presented by the Sheriff, that there is probable cause to believe that a fact revealed in the Sheriff's investigation would disqualify an applicant from receiving a license under this ordinance, the Judge shall -order and authorize the Sheriff to confirm that fact by the use of fingerprints. When such an order is issued, i4 shall be the added responsibility of the applicant to submit his or her fingerprints, taken by the Orange County Sheriff's Department, as part of the application required in subsection (B) of this section. The Sheriff's Department shall, within a reasonable time, not to exceed forty -five (45) days, report the results of 1-2 14 its investigation to the Clerk to the Board of County Commissioners. (y) An application in proper form shall be submitted to the County Manager together with all reports required by this section. The County Manager shall approve such application if' such officer determines: eighteen (18) Years of' least ei ' (l) That the applicant is at g age; and (3) The application contains no misstatement of fact; and (3) The applicant has not been convicted, for the five - year period preceding the date of the application, of any crime listed in Section 1- 3(B)(3) of this ordinance; and (4) The applicant has not for the three -year period preceding the application, had a previously issued license for engaging in the business or profession of massage revoked; and (5) The applicant has not been previously convicted of any violation of any provision of this ordinance. (F) Upon approval of the application by the County Manager, and upon receipt of a fifty dollar ($50.00) license fee, subject, 13 15 however, to the provisions of Section 1 -11, the Collector of Revenue shall issue a privilege license to the applicant. (G) A license issued pursuant to this section shall be revoked by action of the County Manager if the County Manager determines that: (1) The licensee has violated any provision of this ordinance; or (2) The licensee is, after the license under this section is issued, convicted of any crime listed in Section 1- 3(B)(3) of this ordinance; or (3) The licensee is guilty of fraudulent, false, misleading or deceptive advertising, including the use of the term "massage" to describe, promote or advertise any type of business activity or service which is prohibited by this ordinance or which is not massage as defined in this ordinance. (H) Any person whose application for a license is denied by the County Manager pursuant to subsection (E) of this section or revoked pursuant to subsection (G) of this section may appeal such decision to the Board of County Commissioners. An appeal is taken by filing written notice of such appeal with the Clerk to 14 1-6 ioners within. ten (10) days following the Board of County Commiss The Board shall set the appeal for the date of the decision. hearing in the manner provided by Section 1 -7 of this ordinance. The Board of County Commissioners may affirm, modify or reverse the County Manager's decision. sed employees. sec. 1 -5. Employer to use only 2. _icen P under Section 1--3 of this ordinance shall No person licensed ) allow or permit any person to massage or treat any person upon' the premises operated by the licensee unless the person giving such massage or treatment is licensed under section 1 -4 of this ordinance. Sec. 1 -6. posting of license. (A) Every massage -practitioner shall post his or her massage practitioner license where he or she is carrying on the business of massage- Iz the license cannot be posted, then the massage practitioner shall have the license in his or her actual possession at the time of carrying on the business of massage. (B) Every person licensed under Section 1 -3 of this ordinance shall display such license conspicuously at the Place where the massage business is carried on. 15 Sec. 1 -7. Notice and hearing. LVI Before the County Manager revokes a license issued pursuant to this ordinance, or before the Board of County Commissioners considers an appeal, pursuant to Section 1 -3 or Section 1 -4 of this ordinance, from a decision of the County Manager denying an application for a license, the Manager or the Board as the case may be shall cause a written.notice to be sent by certified mail to the licensee affected or applicant affected, at the address stated in the license or application. This notice shall advise the affected party of a right to appear before the Manager or the Board as the case may be, with or without legal counsel, at a stated time and place, for the purpose of presenting any evidence relevant to such revocation or denial, and for the purpose of hearing all evidence submitted and examining or cross- examining any person providing such evidence. Sec. 1 -8. hours of operation. (A) No person licensed as a massage practitioner under Section 1- 4 of this or.dinance_.shall massage or treat any person or engage in the business or profession of massage, before 8:00 a.m_ or after 10:00 p.m., prevailing time. (B) No person licensed under Section 1 -3 of this ordinance shall admit customers or prospective customers, or remain open for 16 i 18 business, or allow, or permit ar condone any massage or treatment of any person upon the premises before 8:00 a.m. or after 10:00 p.m., prevailing time. e business upon the (C) No person in charge of managing a massage premises shall allow, permit, or condone any massage or treatment', of any person before 8:00 a.m. or after 10:00 P.m-, prevailing, time. of massage businesses by minors; employment! Sec. 1 -9. Patronage of minors. (A) No person licensed as a massage practitioner under Section 1 4 hereof shall massage or treat any person under the age of eighteen (18) years, except when the parent or guardian of the (18) accompanies the person under the age person under eighteen al eighteen (18) during the massage treatment or upon written permission of the parent or guardian of the person under eighteen (18) or upon written order of a licensed physician, orteopath,, chiropractor, podiatrist or registered physical therapist, such order being dated and in the possession of the massage practitioner giving the massage or treatment. No person licensed under Section 1--3 of this ordinance shall (B) allow, permit or condone the massage or treatment of any person under the age of eighteen (18) years upon the licensed premisels, 17 I except when the parent or guardian of the person under eighteen (18) accompanies the person under the age of eighteen (18) during the massage treatment or upon written permission of the parent or guardian of the person under eighteen (18) or upon written order of a licensed physician, osteopath, chiropractor, podiatrist or registered physical therapist, such order being dated, and a ;rue copy of such order being in the possession of the licensee before administration of any massage or treatment. (C) No person licensed pursuant to Section 1 -3 of this ordinance shall employ any person under the age of eighteen (18) years in the operation of a massage business. Sec. 1 -10. Massage of private parts for hire prohibited It shall be unlawful for any person to massage or to offer to massage the private parts of another for hire. "Massage" means the manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping, applied by hand, arm, foot or mechanical device. "Private parts" means the penis, scrotum, mans veneris, vulva or vaginal area. Sec. 1 -11. Privilege license annual. The licenses required under this ordinance are annual privilege licenses. W M1 i c 20 The annual privilege license fee for the second and subsequent years of continuous operation of a massage business shall be $15.00. The annual privilege license fee for the second and' subsequent years of continuous practice of a massage practitioner) shall be $10.00. A massage practitioner who is a sole', practitioner and who is not employed as a massage practitioner by a massage business operates a massage business and shall bel required to be licensed as both a massage business and a massage',, practitioner. However, such a sole practitioner shall only be required to pay the privilege license fees prescribed herein foal a massage business-. Fees for the licenses shall be due and payable in the same manner as prescribed for other privilege license fees of Orange County pursuant to the license and privilege tax ordinance of the County. Sec. 2.1. Remedies. (A) Violation of this vrescribed in N.C. Gen (B) Injunctive Relief. (1) Whenever t reasonable cause ordinance is a misdemeanor punishable as Stat. Sec. 14 -4. he Board of County Commissioners has tO believe that any person is violating or � 19 21 threatening to violate this ordinance or any rule or order adopted or issued pursuant to this ordinance, or any term, condition, or provision of a license issued pursuant to this ordinance, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of Orange County for injunctive relief to restrain the violation or threatened violation, (2) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The insfiit-„t-;nn r,.P action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this ordinance. Sec. 3,1. Severability. If any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision,' shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the Provisions of this ordinance are hereby declared to be severable. 20 22 sec. 4.1. Effective date. This ordinance shall be ef fective on November 9, 1985. is ordinance shall have sixty (60) Applicants for license under th days from its effective date to apply for a license. No massage business or massage practitioner shall be deemed in violation ofl the licensing requirements of this ordinance during the sixty (60) day period following the effective date of this ordinance. No massage business ar massage practitioner that has made application for a license within sixty (60) days of the effective' date of this ordinance shall be deemed in violation of this ordinance during that license application process through the; point in time of the County Manager's decision on the application. 21 A 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V- E ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 911 EXPANSION PROJECT; HEARING REGARDING RETURN OF BID SECURITY TO RURAL PLUMBING AND HEATING COMPANY DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO: XX ATTACHMENT(S): INFORMATION CONTACT: PAM JONES LETTER OF REQUEST TO WITHDRAW EXT 2652 WORK PAPERS OF RURAL P & H Telephone Number - ARCHITECT'S RECOMMENDATION Hillsborough - 732 -8181 Chapel Hill - 967 -9251 Mebane - 227 -2031 Durham -688 -7331 PURPOSE: To receive evidence regarding error in bidding from Rural Plumbing and Heating Company. To consider release of bid security. BACKGROUND: On March 4, 1991 the Board authorized the withdrawal of a bid from Rural Plumbing and Heating Company for work proposed on the 911 Center Expansion Project. G.S. 143 -129.1 requires the County to conduct a hearing prior to release of the bid security which presents evidence that the bid was based upon a mistake which constituted a substantial error. The evidence must show the following: 1. The bid was submitted in good faith; 2. The Bidder has submitted credible evidence that the mistake was clerical in nature rather than an error in judgement; 3. The error was due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, materials or services made directly in the compilation of the bid. The Architect has reviewed the bid with Rural Plumbing and Heating and is satisfied that the aforementioned conditions were met and that the bid price was based on a substantial error. The statute further states that the bid may be withdrawn without forfeiture of the bid security if the bid was based upon a mistake. RECOMMENDATION: Approve the return of the bid security to Rural Plumbing and Heating; and authorize the Director of Purchasing and Central Services to notify Rural Plumbing & Heating in writing of the decision. FEE -22 9 1 FF' I 1 w. _ 2 7 F'UPf ::4L PP I-_ H 'r i-- 2 *w+caE c&rg & qeatlaff, #7460 February 22, 1991 George M. Smart Architects 113 North Boylan Avenue Raleigh, North Carolina 27607 Attention: Mr. Joel Lupor RE: 911 Center Expansion Orange County Dear Mr. Lupor: 701 E, SIX FORK RD. RALEIGH, NZ 27609 TELEPHONE 919.833 -9702 FAX 919-834-8135 We would like to withdraw our H.V.A.C. bid for the above referenced project which bid on February 21, 1991. We received plans and specifications from a general contractor who was bidding the job. Unfortunately, they neglected to furnish us with the section of the specifications containing the professional test and balance requirements and the motorized damper requirements. Therefore, we did not include these items in our original bid of TWENTY ONE THOUSAND FOUR HUNDRED FORTY TWO DOLLARS AND 001100 ($21,442.00). in view of these circumstances, we respectfully request to withdraw our original H.V.A.C. bid. if permissible, we would lake to submit a new bid, as per plans and specifications, of TWENTY NINE THOUSAND DOLLARS AND 00/100 ($29,000.00). Please advise me of your decision as soon as possible. Sincerely, Richard J: Babcock President RJB /v j n GEORGE M. SMART ARCHITECTS.,-INC- NORTH CAROLINA 2'7603 LQ�:7ATFLFPHONE: 113 NORTH BOYGAN AVFtiUE 1tA1.E1C,ti, FACSIMILE; 919 - 834 -9719 9]9- 834 -84t�8 Post -It" brand fax transmittal memo 7671 $ of pages ► Marcn 1l, IVVI N Mrs. Pamela Jones Director of Purchasing County of Orange P.O. Box 8181 Hillsborough, NC 27278 Re: Orange County 911 Center Expansion Dear Pam: You will find attached Rural Plumbing & Heating, Inc.ts letter explaining the reason for the error in their HVAC bid along with copies of their original and revised bid summaries. These documents appear to be consistent with their bid and with costs usually associated With the omitted work. it is my opinion that Rural acted in good faith in submitting their bid and that they were working from incomplete information. without a specification table of contents, they did not have enough information to question the completeness of the materials they received from Riley Contracting. i am therefore recommending that, subject to local and state bid ordinances their bid bond be returned to them and that no punitive &Ctist5 L* takomn aybinat the _w in regards to the withdrawal of their bid. If you require any additional information from us or from Rural, please let me know. Sincerely, A. Joel Luper hrohitcnt AJI trA 3!11!91tKYAC IOATR 3 March 7, 1991 George M. Smart Architects 113 North Boylan Avenue Raleigh, North Carolina 27607 Attention: Mr. Joel Lupor RE: 911 Center Expansion Orange County Dear Mr. Lupor: 4 �I 701 E. SIX FORK Rd. RALEIGH, N.C..27609 TELEPHONE 919 - 833.9702 FAX 919 - 834.8135 i MAR 1 E 1591 �'� GEOR61 it -l.RF ARCHtTEt;1S, IKi[ Please be advised that the sections of specifications which we did not receive from our general contravtor (Riley Contracting) regarding the above referenced project are as follows: Section 15980 - Professional Test and Balance Section 15920 - Outside Air Damper /Motorized The following is a list of sections we did receives section 15488 Section 15800 Socti,on 15250 Section 15401 section 15405 Section 15520 section 15010 Section 15051 Our original base bid was TWENTY ONE THOUSAND FOUR HUNDRED FORTY TWO nnl 1 A jig­ ilyn, TMJJ M -f .1?1 si13isQQ, . They ;ir1d 1 I:icjnal r•;•,�;t- for Vrntnrri nn I rrnT, null Itn Aeons shig }....t .. is 1 oil ,,.,1„1.1 . • Sr•VEN THOUSAND SEVEN HUNDRED THIRTY DOLLARS AND UU /Luu t.�1,13v.vvi. Thus, our total revised H.V.A.C- quote is TWENTY NINE THOUSAND DOLLARS AND 00 /00 ($29,040.00). I have encluacd copios of our nriainal ARtJMAt9 sheet and our revised estimate sheet. Based on the above informatiusi, was respectfully request 'that we he relieved from our bid. sincerely, , Richard J. abcock President RJ8 /v j n I Project: 911 ilaaw .,-4 (1) FquipmM 121 iult 13) RrpreRk Ei �l � U 15 T �J (11 Air Dist. 15) 549et Meq ODUT1 13) Fteetrirel TOTAL TAX TOTAL LABOR TOTAL MARGIN TOTAL 19) OMM TOW RCCtWCD IRON 919 034 9719 aa: -21- 4 t RECAP J__ . ,TI — lal 1 ,;6o c�—L1� h 115' 8ua I 63.12,1991 171st P, a Propct: I 1 RECAP Elf 542 41 Air 0191. O 51 151 $me Now S 1 (6) P.V. MARGIN TOTAL (s1 Sion Ito '2 7 r Grand Ta1a1 yY1isG .y 80 ZI(' -1�I�• RECEIUED FROM 919 034 971! 93.12.1991 13199 P. '• (8) MOW y �0 TOTAL TAX �.' • 7S TOTAL l 4 3 77 LAW MARGIN TOTAL (s1 Sion Ito '2 7 r Grand Ta1a1 yY1isG .y 80 ZI(' -1�I�• RECEIUED FROM 919 034 971! 93.12.1991 13199 P. '• I. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V-F ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: RSVP Application for New Family Literacy Initiatives DEPARTMENT: Aging PUBLIC HEARING YES: NO: X ------------------------- - - - - -- ---------------------------- - - - - -- ATTACHMENT(S): INFORMATION CONTACT: Jerry Passmore Terri Tyson RSVP Application TELEPHONE NUMBER - Hillsborough - 732 - 8181 -2000 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To consider authorizing submission of the RSVP application to ACTION in the amount of $10,000 in Federal Funds by the county Manager to augment the present ACTION grant by initiating new family literacy program initiatives. These are competitive funds so it is not guaranteed that funds will be awarded. BACKGROUND: This is an application for funds to augment the annualized level of funding by ACTION. The additional funds would be used in the area of Family Literacy by initiating programs of National Significance involving these areas: (1) Senior citizen volunteers will read to at -risk children at day care centers and pre- schools; (2) Trained volunteers will tutor parents of these children; (3) Immigrant parents and children will be tutored in ESL (English as a Second Language) in order to halt the cycle of illiteracy in the family as a whole. RECOMMENDATION(S): Approve RSVP application and authorize Chair to sign application. FN:RPGRANT\ABAPPAUG.DOC -r 2. NARRATIVE DESCRIPTION National Significance Programs The Family Literacy Program will provide volunteer tutors to assist parents and children by emphasizing two areas of need: 1. Read A Story To A Tot - RASTAT: (Pre - school Based Literacy Assistance for Children). This program will address the need for literacy training for at risk, disadvantaged pre- school children as the rate of illiteracy in North Carolina continues to impede social development and economic growth. Senior citizen volunteers will read on a one t'o one basis to children at several preschools, Headstarts, and kindergartens. The aim is to help these targeted children develop a love for books, as well as listening skills. Listening oppor- tunities for these children may be lacking in the home situation. This type of interaction improves listening skills and language development, making entry into the public school system a more positive and successful experience. Stations: RASTAT, Community School for People Under 6, Wee -Card, OCIM Day Care, Carrboro Elementary, Glenwood Elementary 2. English as a Second Language - ESL: (Adult and Child Literacy Assistance). This program will provide trained tutors to immigrant adults and children. In the past few years the immigrant population in Orange County has soared. Since 1980, the Asian population has increased by 221% to 2,361 people. There are 1,279 Hispanics living in Orange County. Many of these people have only rudimentary English speaking skills. The native language is probably spoken at homei, thereby limiting the child's ability to learn English. Volunteers will be assigned to the preschool children and the parents in these families in order to teach them English as a Second Language (ESL)',. In this way, the cycle of functional illiteracy can be halted silo the immigrant family is bettered suited to enter the Engliish speaking mainstream of society. Because there may be a lack of children's books available in the home, the program will purchasle books which can be rotated on a lone basis to families. The volunteer will also introduce the families to the public library and encourage-utilization of library and bookstore resources. Station: *Orange County Literacy Council - Carrboro and Hillsborough offices (Other sites for one on one tutoring can be community centers, libraries or other locations agreed upon by the client and the volunteer). *May contribute in -kind resources (desk, space, etc.) for RSVP Literacy Coordinator. FN:RPGRANT\AUGLTNAR.DOC 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. _ V- Cr ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: PERMIT TO USE PYRO-- TECHNICS DURING CONCERT; UNC SMITH CENTER DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO: XX ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 2650 LETTERS OF REQUEST Telephone Number - CERTIFICATES OF INSURANCE Hillsborough -732 -8181 PYRO- TECHNIC'S LICENSE INFORMATION Chapel Hill - 967 -9251 FIRE CHIEF'S LETTER Mebane - 227 -2031 POLICE CHIEF'S LETTER Durham - 688 -7331 PURPOSE: To consider approving a fireworks permit for the Smith Center's concert on March 20, 1991. BACKGROUND: UNC has requested a permit to allow the use of pyrotechnics at a concert by ZZ Top on March 20,.1991. Pyrotechnics, as defined in GS 14 -414, shall "include any and all kinds of fireworks and explosives, which are used for exhibitions or amusement purposes." The pyrotechnics proposed for use at the concert are included on page four of this abstract. GS 14 -413 empowers the Commissioners to authorize and issue permits for the use of pyrotechnics in connection with "...shows of all descriptions...but only after satisfactory evidence is produced to the effect that said pyrotechnics will be used for the aforementioned purposes and none other ". County policy further requires assurance from the sponsoring agency that adequate public safety measures will be exercised; and that the County will be protected as an additional insured on the insurance Policy/policies covering the event. - Documents attached provide evidence that these criteria have been met. RECOMMENDATION: Approve a fireworks permit for the University of North Carolina= Chapel Hill, for March 20, 1991; and authorize the Chair to sign on behalf of the Board. CHAPEL HILL POLICE DEPARTMENT 828 AIRPORT ROAD CHAPEL HILL, NC 27514 (919) 968 -2760 March 4, 1991 Para Jones Orange County Ca missioner Dear Ms. Jones; This letter is to confirm that the Chapel Hill Police Department provides police services for athletic and other events at the Dean Smith Student', Activities Center. The chaps Hii1 Police Department wi11 be providing police sereices for the ZZ Top Concert on March 20, 1991. Sincerely, Arnold Gold chief of Police i AG:jm 2 r CHAPEL HILL POLICE DEPARTMENT 828 AIRPORT ROAD CHAPEL HILL, NC 27514 (919) 968 -2760 March 4, 1991 Para Jones Orange County Ca missioner Dear Ms. Jones; This letter is to confirm that the Chapel Hill Police Department provides police services for athletic and other events at the Dean Smith Student', Activities Center. The chaps Hii1 Police Department wi11 be providing police sereices for the ZZ Top Concert on March 20, 1991. Sincerely, Arnold Gold chief of Police i AG:jm I N r 021ZOI1w'?1 14; 10 LUkP 7F,_-N A'.:k:k* -c 205 �'�: c1�1 AIDDENMM TO CERTIFICATE NUMBER 34A ADDXTICML INsMODE; Dean E. Smith Center: university o0 North Catalina; Orange County, NC; Concert/Southern PrQmotions DATE(S) as March 20, 1991 P.,22 3 Z- I' I 1 I I-1 _ c f 1 I 1d..: 09 +. ;+ LLI! IH TD:H r +.. +; ;+ 205 . 725 4S'1! ,l�, 3, 0431 Out n i LL ev a I AL'rr a s ury t vi 0s na t" l o r f d a 33706 T o 1, t I= r oo N<i t I o n.a 1. 1•4100-•28',?... ..y rr FL o r I ti <A Coe t if It; a le : 34 A CERTIFXCAJ of xNSUJ ANCf NAME t ACaREE9 OF INSUREDt ADDITIONAL INSUREDI I...0 eta r cft:h William Moon Ivrj tr Gibbons; Frank Beard; 1.141William F. 0W ,an% Croats Roads* AL 3 V.V?ej3 Joe Hill; sill Hami Lone Wald` Manageinent: ( SEE ATTACHED ADDFNDUM ) COMPANYt ��'. •, . ».... ",. .,,,,,,....._,,.» _.....,,.,.. ........ ............... _........ ad jKlIuy"1191TI Lynjur'y a�rd I Pr oplr t iD�amage t ". y ;1.��.�lk ' �: °c .: e►ta to u f " . . F'r' i m y. i /ppi /90 8p/8p0 /00 a /A1/71 a /A4/00 ( >/00/00 In the eva� nt of any matet�Il l change � at aw c�ran�ts~L Lart i ore at' ,Aid pu11 lc T( Ic�ri),F t'he company wi L L endea or p g.Iv�a wr t�ert rtat ir,;e to thQ Fyar y Whom 1�h % CA_1r1,._ of Icatkiatltrnscuedr'tF►s� caml••l,turo to givaa sync =h notic:e shat,L Impose Ito brill ll',Ity, or NAME & AIJDRZ$$ OF CERTIFICATE HOLDERS PA FTDISPLAY t ZZ T0P /RECYCLER TqC. FMQ��,� �.... c/o Lone Wolf Management LOCATION OF141 LAAY! P.O. Box 19647 x ° t° ' ,r►d Ideate of the pu Ic.K that o i l d Ish•, Lays be reported is taco coon'�rany at Least 24 I�fo T's in ar vatnco a>� tha i+sla taay date. This cr�r t I f i ca t rtel Cher qff f rm4t1var y lrnr ylegat I ve Ly . alliond aIx tend.-, nt• r+ l !tern htia covarr•ago afforded by thg�tt poI,Icyy+<�01.4 d�tiscriho�d IA��i�a�Wn. A64;: ;Let •thv is ±vtiht at rain 'ar• I rte te•c ent wastMar rofi ib i ts� #Ir is d isaplaY c overaagea w i l l arip ly o n a subsej,uton•t d a on wh ! h the to l tsp lay i s Me LrJ w i ih t tt thte term of ttie pallcy CCU t-at,:k. a+anup an Poll irIng of the sllMP Y a►r'o the- rostnnitslbl LI -ty' 1t�f the Grion!zorrs. -he following arG a Itivnet Insurediat any flair' or exposition, rar�tgoclatlart,, SPO mar I ttg ar arm za qri car commi ttvat the owner or Lass :r.oa of arty pi. -othl mes utied Isy •flee Named Insure Par any Pub-tic Ic author i ty granting a ej mI t tp Narft4�d �nsurac , but only as respacts ace idfirntss r�r• I sa i n9 00 of tie ~neg L I�Irattc.e �f the Nam d 0s�ui sae' the N mad Intsuroaci ►s c�nrp uyfsaarss at (n€i in the rout °taco rant �c:aPc� � f ch Vrr Hemp "Ymento Aunt as arsid i t I onar L Na tad Insured It ► arty I iacJcspent�ent (.,tt rt; L ractor who fIresa the► dimpLaty an bash Lf of the Named Insureds This +nsurranCG f oasa Hat aPPly to any fai Lure to pol re or cLeanilp the diwiLary, or Liabi Lity arising there from,, This artifIr t�r Is not voLid unless an original signature appears below. (Copies Nat �lal,ldt) Coverra an d r t pat i d iPt oned upon fut t c � mp L IaNv A� y ca L L l +su rods with a a 1 standards In �MT .1 he ad Fn ratection Assaclafan odes an me of d isp taly• »J�t:�da� �,a,.A.».. �..»....,�.�.. Vie! ... .! _. 1C�:wT4r' a m�"�'1'�'7ca�0 Tsncuance uT�'ar�`xQ: gel vie r 4 I g , Coe t if It; a le : 34 A CERTIFXCAJ of xNSUJ ANCf NAME t ACaREE9 OF INSUREDt ADDITIONAL INSUREDI I...0 eta r cft:h William Moon Ivrj tr Gibbons; Frank Beard; 1.141William F. 0W ,an% Croats Roads* AL 3 V.V?ej3 Joe Hill; sill Hami Lone Wald` Manageinent: ( SEE ATTACHED ADDFNDUM ) COMPANYt ��'. •, . ».... ",. .,,,,,,....._,,.» _.....,,.,.. ........ ............... _........ ad jKlIuy"1191TI Lynjur'y a�rd I Pr oplr t iD�amage t ". y ;1.��.�lk ' �: °c .: e►ta to u f " . . F'r' i m y. i /ppi /90 8p/8p0 /00 a /A1/71 a /A4/00 ( >/00/00 In the eva� nt of any matet�Il l change � at aw c�ran�ts~L Lart i ore at' ,Aid pu11 lc T( Ic�ri),F t'he company wi L L endea or p g.Iv�a wr t�ert rtat ir,;e to thQ Fyar y Whom 1�h % CA_1r1,._ of Icatkiatltrnscuedr'tF►s� caml••l,turo to givaa sync =h notic:e shat,L Impose Ito brill ll',Ity, or NAME & AIJDRZ$$ OF CERTIFICATE HOLDERS PA FTDISPLAY t ZZ T0P /RECYCLER TqC. FMQ��,� �.... c/o Lone Wolf Management LOCATION OF141 LAAY! P.O. Box 19647 x ° t° ' ,r►d Ideate of the pu Ic.K that o i l d Ish•, Lays be reported is taco coon'�rany at Least 24 I�fo T's in ar vatnco a>� tha i+sla taay date. This cr�r t I f i ca t rtel Cher qff f rm4t1var y lrnr ylegat I ve Ly . alliond aIx tend.-, nt• r+ l !tern htia covarr•ago afforded by thg�tt poI,Icyy+<�01.4 d�tiscriho�d IA��i�a�Wn. A64;: ;Let •thv is ±vtiht at rain 'ar• I rte te•c ent wastMar rofi ib i ts� #Ir is d isaplaY c overaagea w i l l arip ly o n a subsej,uton•t d a on wh ! h the to l tsp lay i s Me LrJ w i ih t tt thte term of ttie pallcy CCU t-at,:k. a+anup an Poll irIng of the sllMP Y a►r'o the- rostnnitslbl LI -ty' 1t�f the Grion!zorrs. -he following arG a Itivnet Insurediat any flair' or exposition, rar�tgoclatlart,, SPO mar I ttg ar arm za qri car commi ttvat the owner or Lass :r.oa of arty pi. -othl mes utied Isy •flee Named Insure Par any Pub-tic Ic author i ty granting a ej mI t tp Narft4�d �nsurac , but only as respacts ace idfirntss r�r• I sa i n9 00 of tie ~neg L I�Irattc.e �f the Nam d 0s�ui sae' the N mad Intsuroaci ►s c�nrp uyfsaarss at (n€i in the rout °taco rant �c:aPc� � f ch Vrr Hemp "Ymento Aunt as arsid i t I onar L Na tad Insured It ► arty I iacJcspent�ent (.,tt rt; L ractor who fIresa the► dimpLaty an bash Lf of the Named Insureds This +nsurranCG f oasa Hat aPPly to any fai Lure to pol re or cLeanilp the diwiLary, or Liabi Lity arising there from,, This artifIr t�r Is not voLid unless an original signature appears below. (Copies Nat �lal,ldt) Coverra an d r t pat i d iPt oned upon fut t c � mp L IaNv A� y ca L L l +su rods with a a 1 standards In �MT .1 he ad Fn ratection Assaclafan odes an me of d isp taly• »J�t:�da� �,a,.A.».. �..»....,�.�.. Vie! ... .! _. 1C�:wT4r' a m�"�'1'�'7ca�0 Tsncuance uT�'ar�`xQ: gel vie I, .1 f �►�:Ilrsr�. CERTIFICATE CF INSURANCE :SUE °��z���r l PRODUCE14 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOF1t.AATICN ONLY AN CWJFE l NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES 140T AMEND, SAVOY ENTERTAINMENT INS. BROKERS. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 40 WEST 57TH STREET, 16TH FLOOR COMPANIES AFFORDING COVERAGE NEW YORK, NEW YORK 10019 CODE SUD -COOL INSURED CONCERT PROMOTIONS LP/ SOUTHERN PROMOTIONS, INC. 1593 MONROE DRIVE ATLANTA, GEORGIA 30324 -5016 COvrANY LETTER A CONTINENTAL, CASUALTY INSURANCE COMPANY COMPANY 8 LE11ER COMPANY C LETTER COMPANY D LETTER COMMANY E LETTER C9Y6FlARIe5, :r.... j F , r, x . +..){:. ,N.,-� 0, ... 1,de:r +;, 1p^ . r ^. • . f.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE111100 INDICATED, NOTWITHSTANDING ANY RJ= OUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'wIlICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY YHE POLICIES DESCRIBED HEREIN IS SUBJECT TO AI.L THE TERms, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co TYPE OF INSURANCE QTT R POLICY NUMBER GENERAL LIABILITY A ' $ ' COMMERCIAL OENEnAL LIABILITY CLAIMS MADE X OCCUR, 0300 712 416 OWNER'S & CONTRACTOR'S MOT, X $250 DEDUCTIBLE PER CLAIM. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS I HIRED AUTOS NON-OWNED AUTOS GARAQE LIABILITY + i EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYER$' LIABILITY ' POLICY EFFECTIVE POLICY EXPIRATION DATE (%WIDDNV) DATE (MMMONY) ALL LIMITS Lfi jjJ L'3A 0 CONCERT M A00ACCIATE s 50000 PROD VCT3•COMrIOPS AGOnEQATE 3 5,000 12 -1 -90 12 -1 -91 PFn50NAL & ADVERTISINO INJURY 8 50000 EACH 00CUriRENCE 3 50000 FlfiC DAMAGE (Any orpa fire) $ 50 MFUICAL EXPENSE (Any Or)a ptelom) J 5 COM[11MED 91.,131.E S LIIAIT SOUiLY INJURY da (Flop Dotson) enrnLY INJURY (Por Occident) PROPeRiY !I DAMAGE is S EACH AOtNICGAT9 OCCURnENCE $ a STATUTORY OTHER CONCERT DATE: MARCH 20, 1991 EVENTS ZZ TOP PERFORMANCE PROMOTED BY THE NAND INSURED. SHOWS #9103010 (BLACK CROWES) DESCRIPTION OF OPERATIONS&COATIONSNENKK: gWMSTRIcTmwVgClAL ITIMS IT IS UNDERSTOOD AND AGREED THAT THE CERTIFICATE HOLDER I3 NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR BUT ONLY AS RESPECTS OPERATIONS CONDUCTED BY THE NAMED INSURED ON 3- 20 -91. (EACH ACCIDIEHI) 10 $EASE— POLICr L'MIT) (01$EASE• —EACH Eyr-LOY IFICATIE I�QlABR; "'1'!''1;1. i`:i� !1;k� t i." a:'i >r�:?'�iy,'�; .�;;7,r,j i�,h :' CANCELLATION DEAN E. SMITH CENTER � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE BOWLES DRIVE + EXPIRIS'JON DATE THEREOF, T11E ISSUING COMPANY WILL ENDEAVOR TO CRAPEL HILL, NORTH CAROLINA 27,525 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE UNIVERSITY OF NORTH CAROLINA, LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ORANGE COUNTY, NORTH CAROLINA _ LIABILITY OF ANY KIND UPON T COMPANY, ITS AGENTS OR REPRESENTATIVES. AIITNORIZD REPRMSEIITATIYL •�� �_ ACORD 25 -S (3/00) _ �_ �®ACgRq CORPORATION 191 11'47 17;10 � Ur`�iEE:ij �3r1993 1� TO WHOM IT KAY CQINC zm : THIS IS TO SERVE AS NOTIFICATION TI AT _ Ctwt Anthony YS AN AUTHORIZED A09NT AND LISTED rERMITTFE OF L NA TECH, INC., U WINA N, ilAS FULL AUTHORITY T4 US$ THE PRIVILECRS OF THE FEDERAL LICENSE NUN8ERS; I- AL- 043.21.3) -00120 "MAM1FA(:'M1RFk OF LnW i?KPL SiVfiS" 1- AL•04g•34- 11.90382 "USER OF LOW EXPLOSIVES" 3- OL- 000.19.1H•00001 - ";MANUFACTURER OF BINARY EX1'LIOSIVES" 4- AL- 000.19 -31t -00004 - '"MAINFACTURER OF 91NARY 9lXplA)SIVE$" S- 8X.- 000.19.30:- 01139 N MANUFACTURER OF BINARY EXPL05lus" 6.8L- 000 -19.31 -00017 "MANUFACTURER OF BINARY EXPLOSIVES" 1- AL-000.19 -1L -00004 'fWUPACTURF,R OF BINARY EXP1- dsivEs" 9- BL•000- 39.30.00769 - "MANUFACTORER OF BINARY EXPLOSIVES" IF FURTHER INFORMATION 13 RMUIRED CONCERNING THE LISTED PER,M1T'TEES OF LUNA 71SG1i, I0041 IT' MAY BE 08TAIN8D BY CONTACTING THU ATLANTA, GA REGIONAL OF ICR OF THE BUKuu OF ALCOHOL, TOBACCO, AND FIREARMS - LICENSING DIVISION, TiIE LISTINO OF OUR PBRNITTIRS IS MAINTAINED IN THAT OFFXCB• THE CONTACT IN THAT OFFICE 10 CAROLTRE WEWN, TRLEPHONS N1IMAEA: 4041096.6040, • I BY: to ensxd I I P, %I qt ++',AK 1 Mhol 0ED 83/0Sr1991 17100 w LUNP TECH ** 2@5 725 Asia P101� 7 FACSIMILE TRlWSMITTAL INSTRUCTIONS kg ZZ Top INVO DATC 315/91 TO Concert 8&*hern Pets,,otianm FROM JANIS D. CWBMtLAIN OVA FAX 205/'125-4811 YOUR FAX N0, OF PAGES ATTN : SIIERyL Foll*wLng pplease find Cho description of the pyrotechnic speeiel effects for the ZZ 1'OP ooneevt, The pyz-otaclmican vitli ZZ TOP i9: Curt Anthony Data of birth: Docember 16, 1961 Addr*ee: 367 Manes Mout%taip Ourlay, Alabama 33746 Curt Anthonyy is 110eaued under Lune Tech' &, Ins .' 9 : ATF Permit Rumber: 1•AL•043.34 -IC -90182 ATF Li.cenwe Number: 1 -AL- 045 - 21.01.00120 it you have any questions o3• require additional intorifta t:10n, please let ua know. ly. ./ l ll \ 1 • xnT4MvaY&41n Nonapt �5 19J1 t ?�Q9 * * ** .LUNA 1704 * *w 205 725 4611 DESCRIPTION AND CHEMICAL COMPOSITION OF EFFECTS IN THE Zf Tel` S110W 48 ell. Short: Circuit; Simulators Potassium Nitrate Sulfur Charcoal Concrolled particle sire Titanium Nitrocellulose Total pyrotechnic weight: ` 1 gram per effect 12 4a. Aicbur6t: 8ffects HLSh Attitude Silver Whurat Fl.aoh Powder Strontium Nitrate Hasnoslum Metal Powder Goncrolled particle sixo Aluminum Flake Total pyrotechnic weight:: 3 - S gram$ per effect; 2 ea. Puff Pot Effect Lowy Stake Flash Powder Strontium NLt:rmta MaSnesiwy Metal Powder Total pyrot:baknio weight: I grams per effect 6 ea. Strobe Flax* Effect S second duration Ammoritum Perchlorate Hagnesium Sulfate Megnaluiia Parlon Total, pyrotechnic weight: 3. SL- Was per •ffe '_t 2 ea. Concussion x9rtar gfPeot: Cancuaajbt% Ponder Strontium Nitrate Hagneaium Metal Powder Total pyrotechnic w•ighG: 14 • 28 grams per effect � -,CD2 � r r .t w ■ r r+ L• 7 w r t 1 w - i J � t 4� 91 L' !Aj L I 4A r L C l • � VJ r 410 �1 s r1b �Ir 9 i . L -. 1Z. UNIVERSITY OF NORTH CAROLINA DEPARTME 7 OF ATHLETICS March 4, 1991 Ms. Pam Jones Orange County Commissioner's Office 109 Court Street Hillsborough, NC 27278 Dear Ms. Jones: r. Jcff Elliott Aseociate Athii tic L ic, -- Smith Ccntcr Di.czwr This correspondence will serve as an official request from the Dean E. Smith Center to obtain a certificate for use of Type C fireworks to be used with pyrotechnic displays as part of the performance at the ZZ Top concert scheduled at this facility. This request is for one day only, March 20, 1991. The management of the Smith Center will insure that the liability insurance coverage naming the.facility as an additional insured will be a minimum of $1,000,000.00. In addition, Mr. Larry Johnson of the Chapel Hill Fire Department, has agreed to make an inspection of the pyrotechnic displays on the date of its planned usage and will also insure that all proper licenses are in effect. The Chapel Hill Fire Department maintains normal fire prevention measure for all such events at the Smith Center. We would appreciate your favorable consideration of this request. The displays are an integral part of the performance of ZZ Top. The Smith Center has and will continue to notify the appropriate authorities to make arrangements for these type permits as soon as events are finalized and under contract. We appreciate very much the understanding we have received from city and county management regarding time restraints we work under in attempting to obtain the proper certification once an event is booked. Thanks once.again for your help. ncer y, J f Elliott As ociate Athletic Director Smith Center Director cc.Mr. Joe Robertson Mr. Larry Johnson Itnivertav of Narth Carolina Danartinent of Athle- March 5, 1991 TO: Orange County Commissioner's Office Attn.: Pamela .Jones 0 In conjunction with policies and guidelines for safe handling and displaying of pyrotechnics, the Fire Department will offer full attention to all aspects of this situation. Through our examination of the entire procedure, wp will arant permission to the party discharging the fireworks only when the entire process satisfies'nur safety requirements. We will require that adequate extinguishment measures be taken and that prafessional discharge of fireworks is performed through a test firing nF each type of special effect. This department, along with all other pertinent organizations, will do everything in our power to ensure safety during the fireworks discharge and to enforce all state, county and local ordinances. Larry Johnson Acting Fire Marshal Chapel Hill Fire Department 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 Action Agenda Item # VX SUBJECT: RESOLUTION OF SUPPORT FOR DURHAM TECHNICAL COMMUNITY COLLEGE AND ALAMANCE COMMUNITY COLLEGE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes —X —No ATTACHMENT(8): INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: Community Colleges in North Carolina are seeking resolutions from all 100 county commissions demonstrating support of their efforts and their pursuit of resources from the General Assembly. BACKGROUND: The attached resolution provides general support to the two community colleges which serve Orange County: Durham Technical Community College Alamance Community College RECOMMENDATION: Approve the attached resolution and submit to Presidents of Durham Technical Community College and Alamance Community College. z RESOLUTION OF SUPPORT WHEREAS, community colleges in North Carolina should continue to provide the adult basic education and literacy training needed to ensure that North Carolina adults gain the skills, beyond reading and writing, which will qualify them to enter technical, vocational, or college transfer programs or succeed in the labor market; and. WHEREAS, the community college system should expand its capacity for providing customized skills and supervisory training for businesses; NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners, in support of Durham Technical Community College and Alamance Community College, endorses their efforts to provide the training resources most appropriate in meeting the needs of our citizens. Moses Carey, Jr., Chairman Stephen Halkiotis, Vice -Chair Alice Gordon, Commissioner Verla Insko, Commissioner Don Willhoit, Commissioner 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda item No.�� ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: Resolution in Support of State's Land Records Management Program (LRMP DEPARTMENT: -Central Land Records PUBLIC HEARING: Yes x-- No ATTACHMENT(S): Resolution Grant Information INFORMATION CONTACT: Roscoe Reeve TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham -- 688-7331 PURPOSE: to approve a resolution in support of the State's Land Records Management Program, and a call to move the program from the State Department of Environment Health & Natural Resources (EHNR) to the Office of the Secretary of State. The resolution to be sent to the County's legislative delegation, and to the NCACC. BACKGROUND: The LRMP has provided expertise to Oran &e County, and 86 other of the State's 100 counties, and grant matching funds, since 1979. This support, and those funds, have facilitated the modernization of Orange's - -land records, and making them a model for other counties across the country. The EHNR and the Governor have proposed to drop the program out of its 1991 -92 budget, thus eliminating the program. The reason given: " the private sector can provide these support services." There is no way that the private mapping sector would protect the large investments made by the counties in their mapping and GIS efforts. The followin& organizations are taking joint steps to support the program, and to request its move from EHNR to where it will be supported and nurtured: N C Association of County Commissioners, Register of Deeds Association, Bar Associa- tion,.-'North Carolina Property Mappers Association, and the Association of Assesso and Revenue Collectors. They.have•'asked that counties also shorn their support for what the LRMP has done for them. Besides frequent and vital technical assistance, the Program has given Orange $83,219 in matching grant funds, and an additional $48,000 in direct grant funds. RECOMMENDATION(S): that the Orange County Board of Commissioners adopt the resolution, and under a cover letter from its Chair forward the resolution to Orange's legislative delegation, and.the NCACC. `roru er • � '''e e.w�••` I r r COUNTY of O14NGE - CENTRAL LAND RECORDS OFFICE Roscoe E. Reeve Patricia B. Smith Manager Mapping Supervisor RESOLUTION IN SUPPORT OF STATE'S LAND RECORDS MANAGEMENT PROGRAM WHEREAS, the State's Land Records Management Program (LRMP) was founded by the General Assembly in 1978, to provide technical assistance and matching grant funds to counties so that they could modernize their land records; and, WHEREAS, for thirteen years the LRMP, now located in the State Department of Environment Health & Natural Resources (EHNR), has', provided vital and necessary technical assistance to the counties, including Orange, such as the establishment of standards for maps provided by private vendors; and, WHEREAS, the matching grant funds have provided Orange with an on -going important supplement to its own resources in obtaining new base and digital maps for our citizens; and; WHEREAS, EHNR and the Governor have proposed that this needed program not be included in the State Budget for 1991 -92, thus terminating the program; and, WHEREAS, it is recognized by Orange County and the North.Carolinall Association of County Commissioners that this program is still needed to protect the counties' invetsments in maps and geographic inforinatiOT systems; THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners calls upon the General Assembly, through its legislative delegation, to restore the LRMP and its grant programll to the budget for 1991 -92, and that it take action to move the LRMP to another State agency, such as the Office of the Secretaryli of State, where it can be nurtered and strengthened. This the 20th Day of March, 1991. 208 South Cameron Street P. O. Box 8181 Hillsborough, North Carolina 27278 Telephones: 919 732 -8181 • 919 967 -9251 • 919 688 -7331 - 919 227 -2031 N.C. State Budget, 1991 -93: Summary of Recommendations DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES - Continued Further Adjustments to the Continuation Budget: 1. Land Records Management Program It is recommended that funding for the Land Records Management Program be eliminated, thereby reducing appropriations by $789,374 each year of the biennium. This program has helped counties map land holdings for taxes and other purposes, with a majority of the cost of the service borne by the counties. The success of the state effort has resulted in the establishment of a private sector industry providing both technical assistance and mapping capability on a competitive basis. Number of Positions 1991 -92 1992 -93 $ - 789,374 $ - 789,374 -8.0 -8.0 3 Q 143- 345.6. Land records management program. (a) The Department of Environment, Health, and Natural Re- sources shall administer a land records management program for the purposes (i) of advising registers of deeds, local tax officials, and local planning officials about sound management practices, and (ii) of establishing greater uniformity in local land records systems. The management program shall consist of the activities provided for in subsections (b) through (e) of this section, and other related activities' essential to the effective conduct of the management pro- gram. (b) The Department of Environment, Health, and Natural Re- sources, in cooperation with the Secretary of Cultural Resources and in accordance with G.S. 121.5(c) and G.S. 132.8.1, shall estab. lish minimum standards and provide advice and technical assis- tance to local governments in implementing and maintaining mini- mum standards with regard to the following aspects of land records management: (1) Uniform indexing of land records; (2) Uniform recording and indexing procedures for maps, plats and condominiums; and (3) Security and reproduction of land records. (c) The Department of Environment, Health, and Natural Re- sources shall conduct a program for the preparation of county base maps pursuant to standards prepared by that Department. (cl) The Department of Environment, Health, and Natural Re- sources shall, in cooperation with the Secretary of Revenue, conduct a program for the preparation of county cadestral maps pursuant to standards prepared by the Department of Natural Resources. (dl) The Department of Environment, Health, and Natural Re- sources shall make comparative salary studies periodically of all registers of deeds offices and at the conclusion of each study the Secretary of Environment, Health, and Natural Resources shall present his written findings and shall make recommendations to the board of county commissioners and register of deeds of each county. (e) The Department of Erivitonment, Health and Natural Re- sources,, in cooperation with the -90 of dulturd Resources and in accordance with G.S. 121.5( S. 132 -8.1, shall under. take research and provide advice and o �ca1� assistance g went governments on the following aspects (1) Centralized recording systems; (2) Filming. filing and recording techniques and equipment; (3) Computerized land records systems; and (4) Storage and retrieval of land records. (f) An advisory committee on land records is created to assist the Secretary in administering the lund records management program. The Governor shall appoint 12 members to the committee; one member shall be appointed from each of the organizations listed below from persons nominated by the organization: (1) The North Carolina Association of Assessing Officers; (2) The North Carolina Section of the American Society of Photogrammetry; (3) The North Carolina Chapter of the American Institute of Planners; (4) The North Carolina Section of the American Society of Civil Enginears; (5) The Nort h Carolina Tax Collectors' Association; (6) The North Carolina Association of Registers of Deeds; (7) The North Carolina Bar Association; (8) The North Carolina Society of Land Surveyors; and (9) The North Carolina Association of County Commissioners. In addition, three members from 'the public at large shall be ap- pointed. The members of the committee shall be appointed for four - year terms, except that the initial terms for members listed in posi- tions (1) through (4) above and for two of the members -at -large shall be two years; thereafter all appointments shall be for four years. The Governor shall appoint the chairman, and the committee shall meet at the call of the chairman. The Governor in making the appointments shall try to achieve geographical and population bal- ance on the advisory committee; one third of the appointments shall be persons, from the most populous counties in the State cnataining approximately one third of the State's population, one third from the least populous counties containing approXIMStely one third of the State's population, and one third shill be from the remaining moderately populous counties containing approximately one third of the State's population. Each orgaatsation shall nominate one nominee each from the more populous, moderately populous, and less populous counties of the State. The members of the committee shall receive per diem and subsistence and travel allowances as provided in G.S. 138 -5. (1977, c. 771, s. 4; c. 932, s. 1;1985, c. 479, s. 165(d), (e); 1987, c. 738, s. 158(a).) v v c n u H d awl mo G L� Gy py �gy 6 6 6 d C! .-id. � PO C] � Pa9 U U U U V V U U U O O O O O O O O O O O O O O b O r O o o o b 0 o p a c Q o o b a o 0 0 o O o 0 o 4 O T ul V [� M M t^. 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H '•I rl N .•I A � I W as n o o o a a T � I p p O O O co O oo C, rn Cl rn a r av a m c c 0 v w ao o " a N a` 6 y 1-I �i vii r•4i t� '' N co s4 H N a0 p 00 d P I .+ I CO M N w � I m O p Yl N I co co I I 69 a I n O c r � r o o on U 3 3 3: 3 �' 7C• • II i ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No A ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: 1991 - 1996 Capital Improvement Plan Public Hearing DEPARTMENT COUNTY MANAGER PUBLIC HEARING YES-x- NO ------------------------ - - - - -- ------------------------------- ATTACHMENT(S) INFORMATION CONTACT MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 ----------------------------------------------------------------- - ----- PURPOSE: To receive public comments concerning the Capital Improvement Plan (CIP) for 1991 -96. BACKGROUND: This public hearing will allow citizens the opportunity to provide written and oral comments concerning five year capital needs for the areas of Education, Public Buildings and Equipment, Public Safety, Public Works, Recreation and Parks, and Water and Land Resources. The Board of Commissioners set the public hearing date at their meeting on March 4, 1991. RECOMMENDATION(S): Receive citizens's comments on the Capital Improvement Plan. t -y - O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 20, 1991 Action Agenda Item # -� SUBJECT: SPOTLIGHTING IN DEER AREAS AND HUNTING OR FISHING ON PRIVATE PROPERTY DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: _X —Yes No ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: At the March 4 meeting, the Board of Commissioners determined to hold the public hearing open for written comments until the March 20 meeting whereupon the Board would decide what to send forward to the Wild- life Commission and /or the local legislative delega- tion. Written comments received since the March 4 meeting are attached. BACKGROUND: !1T`K81Y I Y i`T � 1 1)14 S 110) IF 1 DISTRIBUTED TED Anne Shortliffe 1111 Ben Johnston Road Efland, N.C. 27243 March 4, 1991 Board of County Commissioners Orange County P.O. Box 8181 Hillsborough, N.C. 27278 To The Commissioners: Though I was unable to attend the public hearing Monday night on hunting ordinances, I'd like to share a story with you through this letter. For the last 7 years, my husband and I have lived in Cheeks township in a home which we built on a five acre lot. About four years ago I wasl home alone, 7 months pregnant with my first child. I heard gunfire which sounded close by. When I stepped out into my front yard, I was greeted by the crack of a bullet streaking through the tree just above my head followed by the report of a high - powered rifle. I fell to the ground and returned inside on my hands and knees to call and report the shooting to', the sheriff. As it turned out, the shots were not fired on my property but, rather, from a public road that runs in front of my house. We have reported gunfire close to our home no less than 5 times each year that we have lived in Orange County. Unlike the incident which I have described, most of these involve armed people trespassing on clearly posted property. We have been verbally abused and physically threatened by people who insist that these lands have been hunted for years. We support all of the proposed hunting regulations. The proposal to require written permission from the landowner sends a message that clearly needs to be sent. It is an important first step. I encourage you not only to pass this ordinance but to consider even stronger actions. Orange County is growing. What used to be forest lands are rapidly,, becoming housing subdivisions. There is no reasonable place for the uselof high powered rifles in this populated county Indeed, there appears to be a need to regulate all gunfire which occurs within a dangerous proximity',to occupied dwellings, barns, and livestock. Additional ordinances which address these issues need to be considered in the very near future. our neighbors in Wake and many other growing counties have learned these lessons the hard way. Let's not wait for a tragedy. Thank you, Anne Shortliffe Orange County Board of Commissioners P.O. Box 8181 Hillsborough, N.C. 27278 Dear Chairman Carey and Other Members: 3 4016 Old Chapel Hill - Hillsborough Rd. Hillsborough, N.C. 27278 March 8, 1991 I attended the Board of Commissioners meeting that was held on March 4, 1991, in Hillsborough. I would like to express my opinions on the two ordinances that you presented at that time. I feel strongly that they are both worthwhile measures and urge you to do all that is within your power to put them into effect as soon as possible. As a landowner in Orange County, I would like to do whatever is in my power to keep hunters off of and away from my land. I also work at Eno River State Park, and I have seen the suffering that hunters can cause animals when they disregard appropriate hunting rules and leave wounded animals to die after taking poor shots. These two ordinances would address other areas where some hunters also fail to live up to the letter, as well as the spirit of the law. It was very clear while listening to the hunters talk, that few, if any,admitted having and written permission to hunt on any land. They just have oral permission, it seems, in most cases. This is a blatant violation in itself. No wonder they are fighting an extension of the laws, when they disregard what is already law! We need these tighter restrictions to force them to obey the laws. If they have to show written permission, then they will have to obtain written permission. It's as simple as that. As for spotlighting, all that talk about showing the deer to their children did not wash. The children should be in bed before 11:00 P.M., not riding around looking at deer. I know the pre- ceding statement sounds flippant, but if they can think that I believe that is their primary purpose for spotlighting deer, then I can believe they should enforce a bedtime for their children. None of us are that stupid! In closing, I.add my voice to Sheriff Pendergraph's, in support of these items. Their merits are clear, and the timing right. Please take my views into consideration when you make up you minds on these important matters. Sincerely, Cynthia Geiger 4. , D @cEadI Milo Philip L. Pennell 3412 Lees Chapel Rd. Cedar Grove, N.C. 27231 March fit, 1991 Dear Orange County Commissioners: This letter is in response to the new hunting law that has been proposed to your board. It is my hope that -you may reconsider this situation. I am the treasurer and correspondence secretary for the Eno River Coon Hunters Association of Orange County. I am also a iano owner in Cedar Grove. My concerns are for all the residents of Orange County, both land owners and hunters. The problem that Is being addressed is very sensitive, Indeed. After much studying, I can not see that this land entry permit slip would be any good at all because the people breaking the present laws will not pay any attention to a new law. Orange County law now states that: I. It is unlawful to hunt deer from a public road. 2. it is unlawful to hunt with firearms from the right --of -way of a public road. Instead of the proprosed ordinance I feel that this should be added to the existing law: I. It is unlawful to discharge a centerfire arm on another person's land or across such land from a public road without having in possession written permission from the owner or leaser. 2. Upon firing, one must be elevated at least eight feet above the ground and not in a motor vehicle. $. The penalty for not obeying such ordinance is $500 This would be more advantageous to the local law officers in arresting the guilty persons involved and not having to harass the innocent ones. The new proposal on hunting will only cause harassment for coonhunters, rabbit hunters. and bird hunters. It will not cease the negligence of those hunters you are really trying to stop - "the dump out of the truck road shooters ". These are the reasons that coonhunters are in opposltlon to the new ordinance: 1. Law enforcement officers cannot even enforce the current law. 2. It would cause even more calls In regards to the same complaints that exist now. Thus promoting friction between hunters and law officers without offering any new solutions. 3. It would not enhance relationships between hunters and land owners. 4. The number of existing law breakers will not decline merely because of the birth of a new law due to the fact that those same persons have not respected the current one. They know that there are not enough law enforcers to catch them now. S. The words "to hunt" are too vague and seem to pertain to the entire spectrum of those who hunt. It is my belief that the issue is really about "deer road hunting" and firing of rifles across properties. . 5. The type of running habit that a raccoon has pre- vents a coon hunter from knowing where his dogs are going to end up when they start a track. A coon may run a track from 1/4 mile to 2 miles before be- ing treed by the dogs. In Orange County. this may take you across numerous properties. Also. the S coon dog is bred and trained to stay with the track and on the tree until the hunter comes to him. 7. There would definitely be impacts on Eno River Coon Club in that we hold four nationally advertised U,K.0 wild coon hunts per year.and one N.K.C, hunt once a month. During these hunts we have hunters from other, counties and states. Also during these hunts, there are no guns allowed nor are any coons killed. We pay dues to the North Carolina Coon - hunter Association which protects wildlife by paying a 5500 reward for any person, turned in for killing coon out of season. Y S. Grange County and Alamance County are hosting the N.C. State Championship Coon Hunt this year and the added income of thousands of dollars would be wel- comed by local businesses. The proposed changes could greatly hinder this ac:tivity. K1nsw -on hosted this event last year and could provide insight on the proceeds they received. If this new ordinance is passed it will be faced with heavy opposition oy not only our own hunters but those of sur- rounding counties. I submit this letter to You with sincere faith that all aspects will be carefully considered by you with all parties involved in mind. If I can provide any further input to this situation; please feel free to call me at these numbers: (919 -644- 1549) or (919 -543- 3087). Sincerely, / � � / t s/� • I. LiLir Phi! /ip L. Pennell i, � r u -5301 Cabe Ford Road Durham, North Carolina 27705 14 March 1991 Orange County Commissioners Orange County Courthouse P. 0. Box 8181 Hillsborough, N. C. 27278. Dear Sirs and Madams: My husband and I should like to urge you to enact the recently proposed regulations affecting spotlighting and hunting. After twenty -six years in Orange County, we are tired of fighting an annual battle against hunters who either trespass on our land or spotlight - -a euphemism for hunting after dark- --from our road. Year after year hunters tear down the signs we post, and when we take our lives in our hands to accost them in person, they claim they have permission from -our neighbors and don't know where the boundary lines are or that power lines and telephone cables are public property, both of which either cross or adjoin our property. Incidentally, the fact that right -of -ways are private property needs to be advertised by notices in the newspapers and on the right -of -ways themselves. Drivers of jeeps, trail bikes, and other all- terrain vehicles are equally guilty of trespassing. In Eno Township where we live, development in recent years has almost effaced its rural character and we are truly suburbs of Durham. If we cannot persuade you to ban hunting here altogether, we must look to more stringent regulations to protect us from this menace. Very sincerely, MEMORANDUM TO: Orange County Commissioners FROM: Zeb V. Terry (Eno Township) RE: Hunting regulations DATE: March 12, 1991 8 I K After attending the public hearing on March 4, 1991 concerning hunting and fishing regulations I would like to make a few comments.and suggestions relevant to this matter. First, I would like to thank our commissioners and sheriff for trying to do something to help solve this problem which has for some time presented a hazard to the safety of our citizens. Obviously I must address this problem in the context of my own experience - -that of a small property owner (52 acres, located in Eno township). This property lies on the south and north of Walker Road and faces New Sharon Church Road. I would like to comment on the regulations you are now preparing and also on the formation of the committee that was proposed at this meeting and which you seemed receptive to. Spotlighting Deer Much spotlighting goes on along both roads (J. Walker and New Sharon Church Roads) which border my property. This begins in earnest about a month before deer hunting season begins and continues until the end of deer hunting season. This is almost a nightly occurrence. When the season ends, spotlighting becomes an insignificant event. This scenario leads me to believe that most spotlighting is done by hunters looking for game and not be citizens just showing wildlife to their children. This conclusion is further reinforced by the fact that frequently we hear shooting at night also; this is usually followed by a car /truck speeding off down the road. The suggestion -that one gentleman made regarding limiting spotlighting during deer season may be a worth consideration (assuming you wish to allow the children an opportunity to see deer). However, I would encourage you to extend that prohibition to one month before deer season and all through deer season. In all fairness, spotlighting has not been a big problem to me personally as spotlights have not generally been shown at my home - -the greatest problem in my particular area would be a traffic problem as vehicles that are being used for spotlighting tend to be going very slow- -much less than the normal flow of traffic thus presenting some hazard to others who come down the road at normal speeds. Others in my neighborhood have not been as fortunate as I regarding the lights being shown at their 0J house. As a landowner and citizen of Orange County for many years I would approve the passage of this regulation. Posted land I received a real education about posted land at the public hearing. For many years I have posted my land to try to protect myself and the houses and businesses which are located adjoining my property (there are 8 homes, 1 church, 1 large commercial greenhouse and 1 horse farm adjoining my land - -most within sight of my home). It was quite surprising to learn that for legal and enforcement purposes this gives very little protection; therefore I strongly encourage regulations to strengthen the law governing the encroachment of hunters on posted land. Committee consisting of hunters and landowners Whether such a committee will or will not help solve some of the problems is problematic. The content of such a committee would have to be monitored carefully so that it is really equally representative of the citizenry... hunters, owners of large, medium and small tracts (all the way from large farms to 1/4 acre lots and developments - -no matter where you live you are still subject to be hit with a hunter's bullet or harassed by his dogs, as was graphically proven this past season in Wake County). Possibly the sheriff and local member of the wildlife commission might also be included. I do not believe such a committee would be representative of orange County residents or their feelings about hunting were it comprised of only hunting club representatives and members of the landowners association as was suggested by someone at the hearing. The regulations you are proposing may seem drastic to the hunters; however, the magnitude of the problem which they instigate cannot apparently be solved by anything less. As an example of the careless and reckless abandon with which many hunters behave I would cite four instances during this past season when hunters have stopped in the road, pointed their rifle out the window and shot into the fields surrounding my home, one occasion killing a deer and retrieving it from the "posted" field. shooting from the road at night has also been noted. Whether or not -this was directly connected with spotlighting I can't be sure as we become aware when we hear the gun and by the time you get to the window to see what is going on you see and hear a vehicle rush off. Suffice it to say, that hunting from the road is already illegal (at least in our township). I do not claim to have the answers to these problems, especially since some of the hunters at the public hearing openly admitted that they willfully and knowingly violated the trespassing laws....attitudes like this -- disregarding the rights and privileges of others - -is what has led to the problem in the first place. I often wonder why they feel that someone else should provide them recreational lands and wonder if they would be 10- willing to provide the rest of us use of their yards, pools, etc. for our recreational needs - -same principle involved. Fishing The suggestion made I believe by Robert Nichols that fishing be allowed probably is worth considering. From the standpoint of safety, I don't believe'a person with a fishing pole and a tackle box is likely to do anyone much harm. However, not having a pond I do not have first hand knowledge of what kind of problems they might present to the landowner so perhaps should not address the matter at all. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 Action Agenda Item No. )(- SUBJECT: Orange County Literacy Council ---------------------------------- DEPARTMENT: Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S): INFORMATION CONTACT: Manager's Office TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill 968 -4501 Mebane -\227 -2031 Durham - 688 -7331 PURPOSE: To receive a report -from the Literacy ~ P Orange County cy Council. BACKGROUND: During the 1989 -90 Budget discussions the Orange County Literacy Council was requested to report on their program activities periodically. In October, 1989 the Literacy Council submitted and presented a report to the Board highlighting activities and upcoming initiatives. The Literacy Council also presented a report to the County Human Services Advisory Commission. In late Summer 1990 the Manager's Office arranged a shared office space agreement between Durham Technical Community College G.E.D. program and the Literacy Council in the County leased Sawyer Building, Hillsborough. Ruth Royster, Director, Literacy Council will present report. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.� ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: PROPOSED CIVIL RIGHTS ORDINANCE --------------- DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S): DRAFT ORDINANCE INFORMATION CONTACT: MOSES CAREY, JR. UNDER SEPARATE COVER TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To receive a report from the Human Relations Commission on the current draft of the civil rights ordinance as proposed by the ordinance committee and to decide on a procedure for seeking legislative authority for adopting an ordinance. BACKGROUND: The Human Relations Commission (HRC), in an attempt to remedy harms of discrimination, has worked for the last two years on developing an ordinance to address harms which are the result of discrimination. RECOMMENDATION(S): Receive as a report, and determine a process for further discussion. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.0 ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: New NPDES stormwater regulations DEPARTMENT: County Manager ATTACHMENT(S): Report PUBLIC HEARING YES: NO: X INFORMATION CONTACT: County Engineer TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To present a report to the Board of County Commissioners outlining new stormwater regulations promulgated by the US Environmental Protection Agency, the effects of those regulations on Orange County, and Orange County's response to the regulations. BACKGROUND: As of January, 1991, the US Environmental Protection Agency's new regulations requiring that many local governments obtain National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges to surface waters became effective. Prior to the time the new regulations were published, most engineering and environmental professionals assumed that these regulations would apply only to highly urbanized areas with populations of greater than 100,000 people, and only to the stormwater discharges from urban stormwater collection systems. When the rules were published, they did contain the expected permitting requirements for urban stormwater collections systems, but they also contained provisions which required the NPDES permitting of sites which the EPA had classified as "industrial ". Sites classified as industrial by EPA include many types of facilities owned or operated by local governmental units, including airports, motor pools, maintenance garages, transportation facilities, landfills -both in use and closed out, waste treatment plants, etc. The North Carolina Association of County Commissioners and the NC League of Municipalities realized that many,of their respective members were going to be caught unaware by the pervasiveness of potential local impacts of the new EPA stormwater regulations, and began to develop a strategy to assist local governments to deal with those regulations. The Association and the League jointly retained an environmental 2 f engineering consultant to assist their members in taking advantage of the "group permitting" process allowed by the new EPA regulations. The group process allows and encourages the formation of groups of individuals, entities or local governmental units that own or operate similar or "like" facilities, which fall under the EPA stormwater regulations,) to apply for a group permit. Under the group permitting process, ten percent of all the like facilities in the group: undergo an extensive engineering study to determine the chemical composition and the pollutant loading of stormwater'il runoff from the studied facilities. The results of the studies are submitted to the EPA, who will use the information to develop the permitting requirements which will be applied) to all of the like facilities in the group. The costs for the engineering studies, which are expected to range between $25,000 and $35,000 per site, can be evenly split among all of the participants in the permitting process for each like facility. The group permitting process results in significant savings in engineering costs over individual permitting of each site. Nearly every local government unit in the state operates at least one facility which falls under EPA's definition of an industrial facility and is impacted by the new stormwater runoff regulations. Orange County has two facilities which will be affected: Fairview Park, which is a covered over landfill, and the County motor pool facility. The Orange County Board of Education's school bus garage in Hillsborough is also affected. 3 Report: US Environmental Protection Agency Stormwater Regulations In November, 1990, -the US Environmental Protection Agency released its long awaited rules for permitting of stormwater runoff discharges to surface waters. Environmental protection and engineering professionals and units of local government had anticipated that the stormwater permitting regulations would apply only to jurisdictions with populations of over one hundred thousand people and that the permits would set some level of water quality standards and other restrictions on stormwater discharges from large urban stormwater collection systems. The municipalities and other local governmental units which operate stormwater collection systems anticipated that they would eventually be required to build and operate a system of Best Management Practice (BMP) structures to meet specified water quality standards. The new EPA regulations do require the permitting of large urban stormwater collections systems, as expected. Unfortunately, the impacts of the new regulations are far more pervasive than was anticipated. The new regulations impact nearly every local jurisdiction, no matter how small. The new EPA rules make industrial sites in any size community or jurisdiction subject to the stormwater regulations. EPA has classified waste water treatment plants, new and old landfills, transportation facilities such as airports, and motor pool and vehicle maintenance facilities as industrial sites. Orange County operates a motor pool, owns a park built on an old landfill, and is one of the joint owners of an active land fill. In addition, Orange County has some degree of responsibility for the Orange County school system which operates a motor pool facility. Orange County is and will be unavoidably involved in the EPA stormwater permitting process. The NC Association of County Commissioners (NCACC) and the NC League of Municipalities (NCLM) have jointly recognized that almost all local jurisdictions are going to have some facilities which will fall under the EPA industrial site stormwater regulation process. There are two EPA stormwater permitting options available in North Carolina; the individual industrial site permit and the group industrial site permit. The NCACC and NCLM determined that environmental consultant expenses could be expected to range from $25,000 to $35,000 per site in the individual site permitting process. The Association and the League then developed a strategy to allow their members to take advantage of group site permitting option. Group permitting allows owners of similar facilities to join together to apply for a group permit. In the group permitting process, the EPA requires that an individual environmental study be undertaken 4 for ten percent-of the group's facility sites, as opposed to undertaking an individual environmental study for every site belonging to a member of the group. The group environmental study process is used to determine existing stormwater quality and contaminant levels for those individual sites which are investigated. The information that is obtained from the studies is then used by EPA to develop a set of requirements for the maximum allowable contaminant levels that will be allowed in the stormwater runoff from a particular type of site. The maximum contaminate level and other permitting requirements will then be applied to the stormwater discharges of all of the facilities of the type covered by the group permit. The environmental consultant costs would still be in the $25- $35,000 range for individual sites, but the costs would be incurred by only ten percent of the total number of the group's sites and would then be evenly divided among all of the group sites. An example of group formation for site permitting is where forty counties, each of which operates a motor pool facility, form a group to apply for a joint permit for motor pool facilities. Four sites (ten percent of the group) would incur environmental consultant expenses of $35,000 each, for a total cost of $140,000. This expense would then be evenly divided among the forty participants in the group, with each incurring a cost of $3500. This geRKOsents-a ninety ercent savin s from the costs for an individual site industrial stormwater permit.- The process would work the same way for groups operating landfills, waste treatment plants, etc. Group permitting is a two part process. The first part of the process involves the submission of an application to the EPA listing and describing the sites proposed for inclusion into a group. This part is, in effect, requesting EPA approval of the group composition and permission to proceed with the second part of the group permitting process. The second part of the group permitting process involves the individual site studies for the ten percent of the sites. The first part of the group permit application must be submitted to the EPA by March 18, 1991. The second part of the group permit must be submitted to the EPA by May, 1992. In order to facilitate the formation of groups interested in group permitting process for each of EPA's categories of industrial uses, NCACC and NCLM contacted their respective memberships to determine the extent of the interest and the willingness to participate in the group permitting process. In early February, 1991, NCACC and NCLM distributed 4 questionnaires asking their members to list the types of industrial applications that each member owns or controls. Orange County immediately replied to the questionnaire by expressing interest in the group formation and group permitting process. Overall response to the NCACC and NCLM solicitation of interest was so overwhelming that an environmental consultant, ERCE, was retained to begin the group permitting process paperwork. On February 21, 1991, the NCACC and the NCLM sent out additional information and asked jurisdictions for confirmation of intent to participate in the NCACC /NCLM group. in order to be included in the group we have notified NCACC of our intent to participate for the Orange County motor pool facility and Fairview Park. We have also submitted the Orange County Schools' bus garage for inclusion. The correspondence of February 21 from the NCACC and NCLM also included site specific questionnaires, provided by the environmental consultant, for each of the sites which would have to be permitted. All sites requiring permitting were investigated, to the extent required to complete the questionnaires, by the County or School Board staff having supervisory responsibility for each site and by the County Engineer. The questionnaires were completed by the County Engineer and mailed to the NCACC /NCLM environmental consultant on March 1, 1991. At this time, there remains much that is unclear about the EPA stormwater permit requirements and the NCACC /NCLM joint permitting endeavor. it is not clear when NCACC /NCLM will require the payment of fees for the group permitting or what the additional costs will be. The NCACC's best estimates for costs are between $680 and $5560 for landfills and between $1410 and $3230 for transportation facilities. These costs will probably be finalized and become due during the last half of calendar year 1991 or early in 1992. Estimates on permitting costs will be included in the FY 91 -92 budget. No one, not even the NC Division of Environmental Management which is to enforce the EPA stormwater regulations, is sure what will be required of sites which obtain stormwater permits. DEM has indicated that EPA has apparently not progressed farther than determining permitting application deadlines and has not determined what effluent limitations will be or how compliance with those limitations will be achieved. DEM believes that stormwater quality monitoring will probably be required, at least in the early stages of the evolution of the stormwater regulations. At some later 6 point in time, stormwater treatment by Best Management Practices or BMP's (wet or dry stormwater detention ponds) may be required. It is certain, however, that orange County's involvement in stormwater quality issues will be developing over the coming years and that this involvement has the potential to consume significant County resources in terms of manpower and financial costs. 3 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 20, 1991 Action Agenda Item #_XA SUBJECT: LOCAL LEGISLATION DEPARTMENT: COUNTY MANAGER/ PUBLIC HEARING: Yes _X —No ATTORNEY ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 RESOLUTIONS AND EXHIBITS COUNTY ATTORNEY, 732 -2196 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To decide upon the proposed local legislation to be sent to the County's legislative delegation for approval by the General Assembly. BACKGROUND: County Attorney Geoff Gledhill has developed two resolutions for consideration by the Board of Commissioners: (a) The first represents a request of the North Carolina Wildlife Commission regarding spotlighting in deer areas. (b) The second represents the legislative "package" to be submitted to the legislative delegation. Included in the legislative package resolution is a local act presented at the public hearing on March 4, 1991, which would enable the County to adopt a local ordinance regulating hunting or fishing on private property. The staff understands that the Board is interested in more discussion concerning this matter, which would occur in a forum involving members of the hunting community. The legislation proposed, however, is not self- executing. An ordinance will be required to accomplish its purposes. Whether to enact an ordinance and its scope can be the subject of these future discussions. 2 The resolution regarding local legislation includes as separate items the authority for an impact tax and authority for broader impact fee authority. The broader impact fee authority would permit the County to require impact fees county -wide for school capital needs. This fee would be collected for all develop- ment within the County whether located within a municipality or without. To some degree the impact tax and impact fee.bills are mutually exclusive. However, both are included to give the County the maximum flexibility in its discussions and efforts with the General Assembly. Finally, the resolution relating to legislation includes a few items which are in the nature of support of statewide legislative initiatives which may be important to Orange County. These may be included or edited from the resolution at the Board's direc- tion. RECOMMENDATION: That the Board approve the resolutions. I a NORTH CAROLINA ORANGE COUNTY RESOLUTION WHEREAS, the Sheriff of Orange County has brought to the attention of the Board of Commissioners the fact that he has received numerous complaints during the 1990 -91 hunting season coming from property owners and citizens about the incidence of unlawful night deer hunting and the great inconvenience to citizens caused by persons shining lights searching for deer; and WHEREAS, members of the Board of County Commissioners have also received such calls; and WHEREAS, the Board of County Commissioners advertised and conducted a public hearing on this issue at its regular March 4, 1991 Commissioners meeting held in Hillsborough, North Carolina; and WHEREAS, these same complaints and concerns were expressed by citizens attending the public hearing; NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE, PURSUANT TO NORTH CAROLINA GENERAL STATUTES 5113- 291.1(e2), ADOPTS THIS RESOLUTION requesting the North Carolina Wildlife Resources Commission to include Orange County among those counties which have the extended period during which the intentional sweeping of deer areas with lights is prohibited and that the rule prevailing in Orange County be changed to prohibit intentional sweeping of deer areas with lights or the intentional shining of lights on deer during the period from one -half hour after sunset until one -half hour before sunrise. 1 3 P I 4 Upon motion 'of Commissioner , seconded by Commissioner , the foregoing Resolution was adopted this the 20th day of March, 1991. Ayes Noes 1, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board, beginning at page and ending at page WITNESS my hand and the seal of said County, this day of , 1991. Clerk to the Board of Commissioners NORTH CAROLINA ORANGE COUNTY 5 A RESOLUTION REGARDING LEGISLATIVE MATTERS BE IT RESOLVED by the Board of Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to introduce and support the following legislative matters; 1. AN ACT TO CLARIFY THE ENABLING LEGISLATION FOR SUBDIVISION ORDINANCE PROVISIONS RELATING TO RECREATION AREAS IN ORANGE COUNTY. (Exhibit A to this resolution) 2. AN ACT TO-AMEND THE ENABLING LEGISLATION FOR ZONING ORDINANCE REGULATIONS TO AUTHORIZE ORANGE COUNTY TO GRANT DENSITY BONUSES AND OTHER INCENTIVES FOR DEVELOPERS OF HOUSING FOR PERSONS OF LOW OR MODERATE INCOME. (Exhibit B to this resolution) 3. AN ACT TO AUTHORIZE ORANGE COUNTY TO ACQUIRE REAL PROPERTY IN ORDER TO PRESERVE OPEN SPACE AND OPEN AREAS FOR THE PRESERVATION, PROTECTION AND CONSERVATION OF FARMLAND, WATERSHED AREAS AND DRINKING WATER SUPPLIES, AND TO ACQUIRE THE FEE OR ANY LESSER INTEREST. (Exhibit C to this resolution) 4. AN ACT TO AUTHORIZE ORANGE COUNTY TO REQUIRE FINANCIAL SECURITY FOR THE REPAIR AND OPERATION OF COMMUNITY SYSTEMS OF SEWAGE COLLECTION, TREATMENT AND DISPOSAL. (Exhibit D to this resolution) 5. A BILL TO BE ENTITED AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THR PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL 1 11 11 FACILITIES AND TO CREATE AN ORANGE COUNTY IMPACT TAX DISTRICT AND TO AUTHORIZE THE DISTRICT TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE'PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES REQUIRED BY GROWTH. (Exhibit E to this resolution) 6. AN ACT TO AMEND SECTIONS 17.1 AND 18.1 OF CHAPTER 460 OF THE 1987 SESSION LAWS TO MARE AN IMPACT FEE ORDINANCE ADOPTED BY ORANGE COUNTY, INSOFAR AS IT RELATES TO CAPITAL IMPROVEMENTS FOR PUBLIC SCHOOLS, APPLICABLE TO ALL DEVELOPMENT THAT OCCURS WITHIN THE COUNTY INCLUDING DEVELOPMENT THAT OCCURS WITHIN THE - I CORPORATE LIMITS AND THE EXTRATERRITORIAL PLANNING JURISDICTION OF ANY CITY, TOWN OR OTHER MUNICIPAL CORPORATION LOCATED WITHIN ORANGE COUNTY. (Exhibit F to this resolution) 7. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN OCCUPANCY TAX WITH THE EXPRESS AUTHORITY FOR THE USE OF SOME OF ITS PROCEEDS FOR A COUNTY VISITORS' BUREAU. (Exhibit ,G to this resolution) 8. AN ACT ADDING ORANGE COUNTY TO THOSE COUNTIES AUTHORIZED BY CHAPTER 651 OF THE 1989 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO REGULATE TRESPASSING TO HUNT OR i FISH ON PRIVATE LANDS BY LOCAL ORDINANCE. (Exhibit H to this resolution) i II 2 II BE IT FURTHER RESOLVED THAT THE BOARD OF COMMISSIONERS OF ORANGE COUNTY request its legislative delegation to support: 1. the need for a permanent, stable revenues source instead of the present appropriations to reimburse local governments for past repeal of other local revenues; 2. state -wide enabling legislation authorizing local option revenues including admissions, real estate transfer, occupancy (hotel /motel) and the extension of local sales taxes to the purchase of autos, boats and planes; 3. more frequent distribution of local sales tax proceeds or payment of interest for the period that they are held by the state; 4. state adherence to a schedule of timely payments of sales tax proceeds to county governments in compliance with state fiscal policy; 5. the need for a revenue source to support the Triangle Transportation Authority; and 6. state -wide legislation to encourage recycling of beverage containers through deposit and refund requirements. Upon motion of Commissioner , seconded by Commissioner , the foregoing Resolution was adopted this the 20th day of March, 1991. Ayes 3 N Noes I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board, beginning at page and ending at page WITNESS my hand and the seal of said County, this day of 1991. Clerk to the Board of Commissioners 4 P Exhibit A 6 AN ACT TO CLARIFY THE ENABLING LEGISLATION FOR SUBDIVISION ORDINANCE PROVISIONS RELATING TO RECREATION AREAS IN ORANGE COUNTY. The General Assembly of North Carolina enacts: Section 1. The first paragraph of G.S. 153A -331 (a part of G.S. 153A- 331(a) applicable to Orange County by Chapter 460, Session Laws of 1987) reads as rewritten: "S 153A -331. Contents and requirements of ordinance. (a) A subdivision control ordinance may provide for the orderly growth and development of the county; for the coordination of streets and highways within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the subdivision and residents of the immediate area within which the subdivision is located and of rights -of -way or easements for street and utility purposes including the dedication of rights -of -way pursuant to G.S. 136.66.10 or G.S. 136.66.11; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare. The ordinance may include requirements that the final plat show sufficient data to determine readily and reproduce accurately. on the ground the location, bearing, and length of every street and alley 1 MM line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformity with good surveying practice. A subdivision control ordinance may provide that a developer may be required to provide funds to the county whereby the county may acquire and develop recreational land or areas to serve the development or subdivision, including the purchase of land which may be used to serve more than one subdivision or development within the immediate area. A subdivision control ordinance may define 'immediate area' by reference to a comprehensive system of parks, and recreation areas within the county." Section 2. This act shall apply to Orange County only. Section 3. This act is effective upon ratification. Exhibit B AN ACT TO AMEND THE ENABLING LEGISLATION FOR 11 ZONING ORDINANCE REGULATIONS TO AUTHORIZE ORANGE COUNTY TO GRANT DENSITY BONUSES AND OTHER INCENTIVES FOR DEVELOPERS OF HOUSING FOR PERSONS OF LOW OR MODERATE INCOME The General Assembly of North Carolina enacts: Section 1. G.S. 5 15 3A- 3 4 0 is amended by adding a new paragraph to follow the present first paragraph which new paragraph reads as follows: For the purpose of increasing the availability of housing for persons of low and moderate income, and thereby promoting the public health, safety and welfare, a county shall have the authority to grant a density bonus or provide other incentives of equivalent financial value to a developer of housing within the county if the developer agrees: 1) to construct at least 40 percent of the total duplex or multi - family units of a housing development for rent to persons and families earning less than 60% of Orange County median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development (hereinafter "median income "); or 2) to construct at least 20 percent of the total duplex or multi - family units of a housing development for rent to families earning less than 50% of median income; or 3) to construct the greater of two (2) or all of the bonus of the total single family residential units of a housing development for sale to persons and families earning less than 80% of the median income; or 4 ) to donate land to Orange County for the purpose of the development of affordable housing which land must have suitable soils or access to public water and sewer and be sufficient in size for the greater of two (2) or all of the bonus units. For the purposes of this paragraph, "density bonus" means a density increase of at least 25 percent over the otherwise maximum allowable residential density under the 1 12 applicable zoning classification. The density bonus shall not be included when determining the number of housing units which is equal to the minimum required to be made available to low and moderate income housing. Section 2. The fourth sentence in the first paragraph of G.S. S153A -342 reads as rewritten: Except as authorized by the foregoing and by G.S. §153A- 340, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. Section 3. This act shall apply to Orange County only. Section 4. This act is effective upon ratification. 2 Exhibit C 13 AN ACT TO AUTHORIZE ORANGE COUNTY TO ACQUIRE REAL PROPERTY IN ORDER TO PRESERVE OPEN SPACE AND OPEN AREAS FOR THE PRESERVATION, PROTECTION AND CONSERVATION OF FARMLAND, WATERSHED AREAS AND DRINKING'WATER SUPPLIES, AND TO ACQUIRE THE FEE OR ANY LESSER INTEREST. The General Assembly of North Carolina enacts: Section 1. G.S. 160A -407 reads as rewritten: "S 160A -407. Definitions. (a) For the purpose of this Part.an 'open space' or 'open area' is any space or area (i) characterized by great natural scenic beauty or (ii) whose existing openness, natural condition, or present state of use, including farm use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or would maintain or enhance the conservation of natural or scenic resources or (iii) that would assure, preserve and protect watershed areas as a basic asset and natural resource so as to prevent the impairment for drinking water supplies, or (iv) would assure, preserve, protect and maintain the purity and the quality of reservoir waters and would promote the health, 1 14 safety and general welfare of the people of this State. I (b) -For the purposes of this Part 'open space' or open area' and the `public use and enjoyment' of interests or rights in real property shall also I include open space land and open space uses. The term 'open space land' means any undeveloped or predominantly undeveloped land that has value for one or more of the following purposes: (i) park and recreational purposes, (ii) conservation of land and other natural resources, (iii) historic or scenic purposes, (iv) farmland, or (v) conservation of watershed areas and drinking water supplies to prevent the impairment thereof and assure, preserve, i protect and maintain the purity and quality of reservoir waters. The term 'open space uses' means any use of open space land for (i) park and recreational. purposes, (ii) conservation of land and other natural resources, (iii) historic or scenic purposes, (iv) farmland, or 2 15 (v) conservation of watershed areas and drinking water supplies to prevent the impairment thereof and assure, preserve, protect and maintain the purity and quality of reservoir waters." Sec. 2. This act applies only to the County of Orange. Sec. 3. This act is effective upon ratification. 3 Exhibit D 16 AN ACT TO AUTHORIZE ORANGE COUNTY TO REQUIRE FINANCIAL SECURITY FOR THE REPAIR AND OPERATION OF COMMUNITY SYSTEMS OF SEWAGE COLLECTION, TREATMENT AND DISPOSAL The General Assembly of North Carolina enacts: Section 1. G.S. §153A -121 is amended by adding a new subsection (d) which reads as follows: (d) A county may by ordinance require the owners and the operators of systems of sewage collection, treatment and disposal to provide the county with performance bonds, letters of credit or certificates of deposit in amounts sufficient to cover (i) the initial design, installation and performance of the system to design standards; (ii) system component replacement; and (iii) system maintenance. A 'community system of sewage collection, treatment and disposal is one which serves more than one user and is not owned or operated by a North Carolina local government or a North Carolina Water and Sewer Authority. Section 2. This act applies only to Orange County. Section 3. This act is effective upon ratification. Exhibit E 17 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES AND TO CREATE AN ORANGE COUNTY IMPACT TAX DISTRICT AND TO AUTHORIZE THE DISTRICT TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF CAPITAL FACILITIES REQUIRED BY GROWTH THE GENERAL ASSEMBLY OF NORTH CAROLINA ENACTS: Part 1. Definitions. Section 1. The following definitions apply to Parts 2, 3 and 4 of this Act: (1) Commercial building enclosed floor space. All enclosed floor space used for any purpose except: a. Dwelling units and accessory structures to dwelling units. b. Recreational facilities constructed as part of a residential development and used primarily by residents of the development. C. Buildings owned by the United States, the State of North Carolina, any county or any municipal corporation. d. Buildings owned and operated by non - profit entities for noncommercial and nonresidential purposes. e. Schools or day care centers. 1 Ef:2 (2) District. The Orange County Impact Tax District estab- lished by this Act. (3) Dwelling Unit. An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family. (4) Land development. a. Land development shall mean: 1. Construction of any dwelling unit (other than one excluded under subsections (b) and (c) of this section) for which a building permit was issued or should have been issued after the effective date of an ordinance adopted under this Act; 2. Construction of any commercial building enclosed floor space for which a building per- mit was issued or should have been issued after the effective date of an ordinance adopted under this Act; 3. Conversion of a building that adds one or more new dwelling units or that creates new commer- cial building enclosed floor space; or 4. The initial location of a manufactured home or other dwelling or commercial structure within Orange County for the school capital impact tax 2 19 or within the District for the District impact tax. b. For 'purposes of determining the impact of land development for Part 2 of this Act, land development shall not include: 1. Construction of an addition to a dwelling unit; 2. The relocation within the District of any structure located within the District on the effective date of an ordinance adopted pursuant to Part 2 of this Act or any structure with respect to which an impact tax adopted pursuant to Part 2 of this Act has been paid; 3. Within the District, the reconstruction or re- placement of one dwelling unit by another or the replacement or reconstruction of commercial building enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to Part 2 of this Act or of any such floor space with respect to which an impact tax pursuant to Part 2 of this Act has been paid. C. For purposes of determining the impact of land development for Part 3 of this Act, land development shall not include: 1. Construction of an addition to a dwelling unit; 3 20 I 20 The relocation within orange County of any structure located within the County on the ef- fective date of an ordinance adopted pursuant to Part 3 of this Act or any structure with respect to which an impact tax pursuant to Part 3 of this Act has been paid; 3. within the County, the reconstruction or re- placement of one dwelling unit by another or the replacement or reconstruction of commercial building enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to Part 3 of this Act or of any such floor space with respect to which an impact tax adopted pursuant to Part 3 of this Act has been paid. i (5) Person. An individual, partnership, corporation, or other legal entity. (6) Person responsible for the impact of land development. The owner of any dwelling unit or commercial building enclosed floor space on the date an occupancy permit is issued for such dwelling unit or commercial floor space or, if no such permit is issued, the date the dwelling unit or commercial floor space is occupied. Part 2. The Impact Tax District. Section 1. There shall be an Orange County Impact Tax Dis- trict which shall include all of Orange County outside the cor- 4 21 porate limits of the Town of Hillsborough, the Town of Mebane, and the City of Durham. Section 2. The District shall be deemed to be a body politic and corporate and authorized and empowered: (1) To adopt an official seal and alter the same at will; (2) To sue and be sued in its own name; (3) To contract and be contracted with; (4) To levy and collect a tax on the impact of land development within the District; (5) And required to keep its accounts on the basis of a fiscal year commencing on the first day of July and en- ding on the thirtieth day of June of the following year. Section 3. The Board of Commissioners of Orange County shall be the governing body of the District. Section 4. (a) Except as provided in subsection (b), the governing body of the District may adopt an ordinance levying a tax on the impact of land development within the District (hereinafter referred to as an "impact tax "). Orange County shall, on behalf of the District, provide for the administration, enforcement and collection of the tax. (b) The District may not adopt an ordinance pursuant to this Part if any ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws (Carrboro), Section 1 of Chapter 936 of the 1985 Session Laws (Chapel Hill), or Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws (Orange County) is in effect. Provided, however, the District may adopt an ordinance pursuant to 22 this Part if an ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws ( Carrboro), Section 1 of Chapter 936 of the 1985 Session Laws (Chapel Hill), or Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws (Orange County) pertains only to water and sewer facilities. Section 5. The purpose of the tax authorized by this Part is to generate funds to partially offset the cost of constructing new capital facilities or replacing, expanding or improving existing capital facilities necessitated in part by new growth within Orange County. Accordingly, the net proceeds generated by the tax authorized by this Part and distributed pursuant to Section 8 to Orange County, Chapel Hill, and Carrboro, respectively, shall be deposited by each. local government in its capital reserve improvements fund or funds established under Part 2 of Article 3 of Chapter 159 of the General Statutes and may be expended only as follows: (1) Orange County may expend these funds to the extent otherwise authorized by law on capital improvements i projects related to libraries, stormwater drainage, open space and recreation, and on emergency and public safety facilities, including jails. (2) The Town of Chapel Hill and the Town of Carrboro may expend these funds on capital improvements related to roads and other transportation systems, stormwater drainage, open space and recreation, and police and fire stations. The funds may be spent by each municipality 6 23 only for improvements that are located within the corporate limits of that municipality or within its extra - territorial planning jurisdiction or transition area(s) as established under a joint planning agreement with Orange County, except that Chapel Hill and Carrboro may by agreement expend funds on joint projects that transcend each other's jurisdictional boundaries, such as road or drainage improvement projects. Section 6. An ordinance adopted under this Part shall provide that: (1) A person responsible for the impact of land development shall pay an impact tax for each square foot of dwelling space and commercial building enclosed floor space for which an occupancy permit is issued or, if no such permit is issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building. (2) The tax shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no such permit is issued, the date such dwelling unit or commercial floor space is initially occupied. However, no tax due shall be considered delinquent until sixty (60) days after the tax becomes due. There shall be added to delinquent taxes interest at the legal rate. 7 24 (3) Taxes authorized by this Part may be collected pursuant to G.S. 153A -147 or G.S. 160A- -207. In addition. tavd*= authorized by.this Part may be recovered in a civil ac- tion in the nature of debt including an award of reasonable attorney fees as part of costs. Section 7. The governing body of the District, after con- sultation with Orange County, the Town of Carrboro and the Town of Chapel Hill, shall establish annually at the time of the adoption of the annual budget of Orange County the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for, the ensuing fiscal year. Different tax rates may be established for different types of commercial construction. Section 8. As soon as reasonably practicable after the close of each quarter of the fiscal year, the District shall distribute to Chapel Hill and Carrboro the net-proceeds of the tax received by the District based upon development that has taken place within each respective municipality's corporate limits, extra - territorial planning jurisdiction and transition area(s), as established in Joint planning agreements. The remainder of the net proceeds, plus the -cost incurred by Orange County in collecting and administering the tax, shall be remitted to Orange County. As used in this Part, the term "net proceeds" means the gross proceeds of the tax less the cost to the county of collection and administering the tax. Section 9. The boundaries of the District may be expanded to include portions of Orange County within the corporate limits of 8 25 the Town of Hillsborough, the Town of Mebane, or the City of Durham in accordance with the provisions of this section. (a) Upon a favorable vote of the majority of the membership of the governing body of the municipalities listed in this section, the entire area of that municipality that is located within Orange County shall be annexed (the "annexed area ") to the District on the first day of the next quarterly period that follows the month in which the vote took place. (b) Consistent with Section 5 of this Part, if any of the municipalities referenced in this section vote to be in the District, the net proceeds generated by the tax authorized by this Part and distributed to any such municipality shall be deposited in a capital reserve improvements fund and may be expended only for the pur- poses authorized in subsection 5 of this Part. (c) When the District is expanded to include an annexed area, the consultation required under Section 7 of this Part shall include consultation with the governing body of the municipality within those corporate limits the annexed area lies. (d) When the District is expanded to include an annexed area, the.District shall distribute to the governing body of the municipality within whose corporate limits the annexed area lies the net proceeds of the tax received by the District due to development that has taken place 9 26 within that municipality's corporate limits, extra- territorial planning jurisdiction, and transition area(s) I as established in joint planning agreements. (e) The governing body of a municipality covered under this section may not vote to become part of the District if an impact fee ordinance authorized under special legis- lation comparable to that listed in Section 4(b) of this Part is in effect within such municipality and may not i adopt such an impact fee ordinance applicable to the area within the District while it remains within the District. Section 10. This Part shall apply only to the District created herein. Part 3. The Orange County School Capital Impact Tax. Section 1. (a) Except as provided in subsection (b), Orange County may adopt an ordinance levying a tax on the impact of land development within the County and provide for the administration, enforcement and collection of the tax. (b) Orange County may not adopt an ordinance pursuant to this Part if any ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws (Carrboro), Section 1 of the Chapter 936 of the 1985 Session Laws (Chapel Hill), or Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws (Orange County) is in effect. Provided, however, if an ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws (Carrboro), Section 1 of the Chapter 936 of the 1985 Session Laws (Chapel Hill), or Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws (Orange County) 10 27 pertains only to water and sewer facilities, Orange County may adopt an ordinance pursuant to this Part. Section 2. The purpose of the tax authorized by this Part is to generate funds to partially offset the cost of constructing new school capital facilities or replacing, expanding or improving existing school capital facilities necessitated in part by new growth within Orange County. Accordingly, the net proceeds generated by the tax authorized by this Part shall be deposited by Orange County in its capital reserve improvements fund or funds established under Part 2 of Article 3 of Chapter 159 of the General Statutes and may be expended, to the extent otherwise authorized by law, only for capital improvements projects related to schools. Section 3. A person responsible for the impact of land development shall pay an impact tax for each square foot of dwelling space and commercial building enclosed floor space for which an occupancy permit is issued or, if no such permit is such issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building. (2) The tax shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no such permit is issued, the date such dwelling unit or commercial floor space is initially occupied. However, no tax due shall be considered delinquent until 11 R 28 sixty (60) days after the tax becomes due. There shall be added to delinquent taxes interest at the legal rate. (3) Taxes authorized by this Part may be collected pursuant to G.S. 153A -147 or G.S. 160A -207. In addition. taxpm authorized by this Part may be recovered in a civil ac- tion in the nature of debt including an award of reasonable attorney fees as part of costs. Section 4. Orange County shall establish annually at the time of the adoption of its annual budget the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year. Different tax rates may be established for different types of commercial construction. Section 5. As used in this Part, the term "net proceeds° means the gross proceeds of the tax less the cost to the County of collection and administering the tax. Section 6. This Part shall apply only to Orange County. Part 4. Provisions for repeal of other local acts, disclosure requirements and effective date. Section 1. Orange County may repeal all or part of an ordinance adopted pursuant to Sections 17 --18.1 of Chapter 460 of the 1987 Session Laws. Except as it may pertain to water and sewer facilities, Orange County may not adopt an ordinance pursuant to Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws while an I ordinance adopted pursuant to this Act is in effect. Chapel Hill may repeal all or part of an ordinance adopted pursuant to Section 12 29 1 of Chapter 936 of the 1985 Session Laws. Except as it may pertain to water and sewer facilities, Chapel Hill may not adopt an ordinance pursuant to Section 1 of Chapter 936 of the 1985 Session Laws while an ordinance adopted pursuant to this Act is in effect. Carrboro may repeal all or part of an ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws. Except as it may pertain to water and sewer facilities, Carrboro may not adopt an ordinance pursuant to Section 2 of Chapter 357 of the 1985 Session Laws while an ordinance adopted pursuant to this Act is in effect. Section 2. Whenever the sale of real property located in Orange County involves new construction, the seller shall prepare and sign, and the buyer shall receive and sign, a disclosure statement. The disclosure statement shall either be included in a contract of sale or contained in a separate document executed prior to the execution of a sales contract. This disclosure statement shall fully and completely disclose that the owner of the property at the time an occupancy permit is issued for the new construction or, if no occupancy permit is issued, the date the new construction is occupied, may be subject to a tax levied by the County and /or the District on the impact of land development. If a seller fails to make such a disclosure and the buyer suffers injury as a result of the seller's failure to disclose, the seller shall be liable to the buyer to the extent of the buyer's injury. Section 3. This Act is effective upon ratification. 13 Exhibit F 30 . AN ACT TO AMEND SECTIONS 17.1 AND 18.1 OF CHAPTER 460 OF THE 1987 SESSION LAWS TO MAKE AN IMPACT FEE ORDINANCE ADOPTED BY ORANGE COUNTY, INSOFAR AS IT RELATES TO CAPITAL IMPROVEMENTS FOR PUBLIC SCHOOLS, APPLICABLE TO ALL DEVELOPMENT THAT OCCURS WITHIN THE COUNTY INCLUDING DEVELOPMENT THAT OCCURS WITHIN THE CORPORATE LIMITS AND THE EXTRA- TERRITORIAL PLANNING JURISDICTION OF ANY CITY, TOWN OR MUNICIPAL CORPORATION LOCATED WITHIN ORANGE COUNTY The General Assembly of North Carolina enacts: Section 1. Section 17.1 of Chapter 460 of the 1987 Session Laws is amended to read: Sec. 17.1. Section 17 of this act shall apply only to Orange County, and applies only within the planning jurisdiction of Orange County. Provided, however, as much of an Orange County ordinance containing a system of impact fees to provide for capital improvements to public schools within Orange County shall be applicable everywhere in Orange County, including within the corporate limits and the extraterritorial planning jurisdiction of any city, town or municipal corporation within Orange County. Section 2. Section 18.1 of Chapter 460 of the 1987 Session Laws is amended to read: Sec. 18.1. Section 18 of this act shall apply only to Orange County, and applies only within the planning jurisdiction of Orange County. Provided, however, as much of an Orange County ordinance containing a system of impact fees to provide for capital improvements to public schools within Orange County shall be 'applicable everywhere in Orange County, including within the 1 31 corporate limits and the extraterritorial planning jurisdiction of any city, town or municipal corporation within Orange County. Section 3'. This act applies only to Orange County. Section 4. This act is effective upon ratification. E Exhibit G 32 AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN OCCUPANCY TAX WITH THE EXPRESS AUTHORITY FOR THE USE OF SOME OF ITS PROCEEDS FOR A COUNTY VISITORS' BUREAU The General Assembly of North Carolina enacts: Section 1. Authorization and scope. The Orange County Board of Commissioners may, by ordinance, levy a room occupancy tax of no more than three (3) per cent on the gross receipts derived from the rental of any room, lodging, or similar accommodation subject to sales tax under G.S. 5105- 164.4(a)(3). This tax does not apply to accommodations furnished by i nonprofit charitable, educational, benevolent, or religious organizations when furnished in furtherance of their nonprofit purpose. This tax is in addition to any state or local sales tax. Section 2. Collection. Every operator of a business subject to the tax levied under this section shall, on and after the effective date of the levy of the tax, collect the tax. This tax shall be collected as part of the charge for furnishing a taxable accommodation. The tax shall be stated and charged separately on the sales records, and shall be paid by the purchaser to the operator of the business as trustee for and on account of Orange County. The tax shall be added to the sales price and shall be passed on to the purchaser instead of being borne by the operator of the business. The County shall design, print, and furnish to all appropriate businesses and persons in 1 33 the county the necessary forms for filing returns and instructions to ensure the full collection of the tax. An operator of a business who collects the occupancy tax levied under this section may deduct from the amount remitted by him to the County a discount of one percent of the amount collected as reimbursement for the expenses incurred in collecting the tax. Section 3. Administration. The County shall administer a tax levied under this section. A tax levied under this section is due and payable to the County Director of Revenue in monthly installments on or before the 15th day of the month following the month in which the tax accrues. Every person, firm, corporation, or association liable for the tax shall, on or .before the 15th day of each month, prepare and render a return on a form prescribed by the County. The return shall state the total gross receipts derived in the preceding month from rentals and sales upon which the tax is levied. Section 4. Penalties. A person, firm, corporation, or association who fails or refuses to file the return required by this section shall pay a penalty of ten dollars ($10.00) for each day's omission. In case of failure or refusal to file the return or pay the tax for a period of thirty (30) days after the time required for filing the return or for paying the tax, there shall be an additional tax, as a penalty, of five (5) per cent of the tax due in addition to any other penalty, with an additional tax 2 e 34 of five (5) per cent for each additional month or fraction thereof until the tax is paid. Any person who willfully attempts in any manner to evade a tax imposed under this section or who willfully fails to pay the tax.or make and file a return shall, in addition to all other penalties provided by law, be guilty of a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars i ($1,000.00) and imprisonment not to exceed thirty (30) days. Section 5. Use and distribution of tax revenue. The Board of Commissioners of Orange County shall decide on the allocation of the revenues collected from this tax annually during its budgeting process with particular consideration given to providing funding for visitor information services, including a County Visitors' Bureau, and support for cultural events. The County may contract with nonprofit organizations to undertake or carry out the activities and programs for which the revenue may be expended. All contracts entered into with nonprofit organizations shall require an annual financial audit of any funds expended and a performance audit of contractual obligations. Section 6. Repeal. A tax levied under this section may be repealed by ordinance adopted by the Orange County Board of Commissioners. Repeal of a tax levied under this section shall become effective on the first day of a month and may not become effective until the end of the fiscal year in which the repeal ordinance was adopted. Repeal of a tax levied under this 3 T 35 section does not affect a liability for a tax that attached before the effective date of the repeal, nor does it affect a right to a refund of a tax that accrued before the effective date of the repeal. Section 7. This act applies only to Orange County. Section 8. This act is effective upon ratification. 4 Exhibit H 36 AN ACT ADDING ORANGE COUNTY TO THOSE COUNTIES AUTHORIZED, BY CHAPTER 651 OF THE 1989 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH .CAROLINA TO REGULATE TRESPASSING TO HUNT OR FISH ON PRIVATE LANDS BY LOCAL ORDINANCE The General Assembly of North Carolina enacts: Section 1. Orange County is hereby added to those counties authorized by Chapter 651 of the 1989 Session Laws to regulate the entering of private lands to hunt or fish, or with the intent to hunt or fish. Section 2. This act applies only to Orange County. Section 3. This act is effective upon ratification. �I n 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. _X--a ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 SUBJECT: ARCHITECT RECOMMENDATION; EFLAND- CHEEKS COMMUNITY CENTER AND PARK DEPARTMENT: PURCHASING & CENTRAL SRV. PUBLIC HEARING YES: NO: XX ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 2652 CK *]%51064:[6y� Telephone Number - Hillsborough - 732 -8181 Chapel Hill -967-9251 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To approve recommendation and contract for architectural services at the Efland- Cheeks Community Center and Park. BACKGROUND: Request for Proposals were solicited from area firms and we received five responses. Three firms were interviewed by a selection team comprised of an Assistant County Manager, the County Engineer and the Purchasing & Central Services Director. The firms interviewed include: LCDA (Lucy Carol Davis Associates), Chapel Hill; Michael Hining Architects, Chapel Hill; and Tise Architects, PA, Chapel Hill. Selection criteria included such factors as similar projects and their outcome, qualifications of the project team, time -frame under which the firm could begin the project, and past work experience with planning committees. The selection committee recommends the firm of LCDA for this project. Some of their recent projects include: The Orange County Public Works Administration Building; " "The ArtsCenter in Carrboro, which includes Aging /JOCCA facilities; and --The proposed Carrboro Town Commons which includes a park, bandstand and market shelters. In addition, the firm's Principal, Lucy Carol Davis, has designed numerous playground and park buildings prior to the formation of LCDA. 2 i The firm is prepared to begin immediately following the Board's approval of the contract. They estimate that the design work will take approximately 6 -8 weeks,'contingent upon the level of involvement from the Planning Committee. It is anticipated that the Planning Committee will be comprised of representatives of the advisory Boards to Aging, Recreation and Parks, a JOCCA representative, Community citizens, a County Commissioner, a County School Board member and County staff. This group will meet with the Architect initially to provide input on the design and then again to review the final plan, prior to its acceptance by the Board of Commissioners. The tentative schedule allows bids to'be taken no later than June, 1991, with an anticipated completion date in late Fall, 1991. RECOMMENDATION: Approve the recommendation and contract of LCDA for the Efland- Cheeks Community Center and Park Project; and authorize the chair to sign the contract on behalf of the Board. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 20, 1991 Action Agenda Item # C SUBJECT: COMMUNITY FIREWORKS DISPLAY DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes _X —No ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To consider jointly sponsoring a county -wide public fireworks display at Kenan Stadium on the evening of July 4, 1991, with the towns of Carrboro and Chapel Hill. BACKGROUND: The town of Carrboro has invited the County and Chapel Hill to participate in the July 4 fireworks display for 1991. The crowd viewing the annual display has grown in proportions such that the present location is too small and presents a safety risk. The University of North Carolina has agreed to allow use of Kenan Stadium for public attendance, and the Ramshead Parking Lot for launching the motion -type fireworks; with no charge. The costs of the fireworks would be $9,000 with a cost of $3,000 per jurisdiction. This joint effort will greatly expand the fireworks dis- play, crowd capacity and safety measures. ADDENDUM: At the March 4 meeting, Board members wanted clarification on the following: I. What was meant in Robert Morgan's letter of September 21 regarding "tripling the present fireworks display "? Response: The proposed fireworks display would not last three times as long but would have a greater number of fireworks displayed during each staging sequence. W la . 2. is the agreement by the University to have the fireworks displayed at Kenan Stadium conditioned on their selling concessions to defray expenses? Response: That element of the agreement is negotiable. The draft outline, in final form, would reflect any points of negotiation agreed to by all parties. RECOMMENDATION: The Manager recommends that he be authorized to negotiate an agreement with the University, Chapel Hill and Carrboro regarding a fireworks display on July 4, 1991. Funds would be included in recom- mended budget. A draft outline of the agreement is provided as an attachment. The final agreement would be presented to the Board of Commissioners for approval. n DEAET Outline of agreement re 7/4/91 fireworks display * Purpose of agreement The parties desire to set forth arrangements for jointly- sponsored public fireworks displays on the evening of July 4, 1991. * Pyrotechnical firm * The Towns of Carrboro and Chapel Hill and Orange County will select and supervise a licensed pyrotechnical firm to conduct the fireworks display. Each local government will pay one -third of the fireworks cost, with a maximum share of $3,000. * Facilities University will allow use of Kenan Stadium for public attendance and a stationary fireworks display in Kenan, with mortar fireworks to be set off at a location within the Ramshead Parking Lot. The University will allow public parking in the Bell Tower parking lot. * Liability Towns and County will jointly hire a pyrotechnic company and will require the company to name the University, County and Towns as additional named insured parties as part of the company's liability coverage for the event. It is understood that the local governments do not have legal authority to make indemnifications. * Safety/ security/ crowd control/ traffic control functions University, Chapel Hill, Carrboro and Orange County will share responsibilities. Details will be worked out among the operating agencies and will include: temporary closing of Ridge Road between Manning Drive and Stadium Drive. establishing a police line to keep the public out of the mortar and stationary fireworks area, and the anticipated fall -out area in Ehringhaus field. establishing a fire protection and safety plan for control of pyrotechnic accidents. an operations /command plan\ * Admission The local governments will not charge admission or parking fees, 2 3 but the University may sell concessions to defray its expenses. * Future years The local governments will review and evaluate the fireworks display in planning for subsequent years. I 3 A RESOLUTION AUTHORIZING AN AGREEMENT FOR A COMMUNITY FIREWORKS DISPLAY ON JULY 4, 1991 (91- 2- 11 /R -9) BE IT RESOLVED by the Council of the Town of Chapel Hill that the council approves, and authorizes the Manager to enter into on behalf of the Town, an agreement with the University of North Carolina at Chapel Hill, the Town of Carrboro and orange County regarding public fireworks display on July 4, 1991. The terms of the agreement shall be substantially consistent with the Manager's report of February 11, 1991 on this matter. A copy of said report shall be retained with the records of this meeting. BE IT FURTHER RESOLVED that the Council hereby authorizes the temporary closing of Ridge Road between_Manning Drive and Stadium Drive on the night of July 4, 1991, to enable traffic and crowd control in connection with a public fireworks display at Kenan Stadium. The Town Manager is hereby authorized to determine, in consultation the University and other involved parties, the specific hours of this temporary street closing. BE IT FURTHER RESOLVED that the Council expresses its appreciation to the University of North Carolina at Chapel Hill for allowing the use of University facilities for the July 4th fireworks and public attendance, to the Carrboro Board of Aldermen for providing the July 4th fireworks in past years as a service to the Carrboro - Chapel Hill - Orange County community, and to the Orange County Board of Commissioners for the County's cooperation and support in co- sponsoring the planned fireworks displays. This the 11th day of February, 1991. 4 DRATT. MEMORANDUM TO: Mayor and Council FROM: W. Calvin Horton, Town Manager SUBJECT: July 4 Fireworks Displays DATE: February 11, 1991 The attached resolution would authorize the Manager to enter into an agreement with the University of North Carolina, Orange County and the Town of Carrboro regarding a public fireworks celebration next July 4th. Background On October 29, the Council authorized the Manager to work with Carrboro and Orange County representatives to plan a public fireworks display for July 4, 1991. The' Town of Carrboro has in the past sponsored fireworks in the field next to the Town Hall on West Main Street. However, another site is needed because of fire safety concerns at the Carrboro Town Hall location and traffic and parking difficulties. Discussion The University of North Carolina has agreed to allow use of Kenan Stadium for public attendance, and of the Ramshead parking lot for launching the mortar -type fireworks. The University is providing its facility for this community event with no admission charges. Copies of letters from the vice Chancellor for Business and Finance and the Director of Athletics are attached. To separate the fireworks from the public for safety reasons, the Fire Department has recommended using the Ramshead lot for the mortar -type fireworks. However, a stationary fireworks display can be properly conducted within Kenan. We would purchase mortar fireworks of a size designed to ignite 300 to 400 feet above ground. This height would provide good visibility for citizens in the Kenan Stadium seating. We propose the budget for fireworks including hiring a company that specializes in fireworks displays be $9,000. The Towns and County r .. ,yY _tom.. would share this cost equally. This amount appears adequate for a fireworks display of more than 15 minutes. Other proposed operational and institutional arrangements include: * Ridge Road would be temporarily closed on the evening of the 4th between Stadium Drive and Manning Drive to keep traffic away from the fireworks launching area. * Officers would establish a clear area around the Ramshead lot location for launching mortar fireworks. * The local governments would require the fireworks company to provide liability coverage and to include the governments and the University as covered parties. Our research indicates that insurance for fireworks is a special type of coverage available only to licensed fireworks companies. * The governments and University would share in security, traffic and parking control and other operational arrangements. Conclusion We believe the cooperative efforts of all concerned will mean safer and more convenient arrangements for a Carrboro - Chapel Hill - Southern Orange County community fireworks display. We hope the local governments and University will be able to continue co- sponsoring July 4th fireworks in subsequent years. Recommendation: That the Council adopt the following resolution authorizing an agreement with Orange County, Carrboro and the University concerning a public fireworks display on July 4, 1991. This resolution would also authorize temporary closing of part of Ridge Road, with the specific times of closing to be determined by the Manager. Attachments: Manager's recommended resolution Correspondence with the University of North Carolina jA Y :. Y 9L L . w " 3 A RESOLUTION AUTHORIZING AN AGREEMENT FOR A COMMUNITY FIREWORKS i DISPLAY ON JULY 4, 1991 (91- 2-11 /R- ) BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves, and authorizes the Manager to enter into on behalf of the Town, an agreement with the University of North Carolina at Chapel Hill, the Town of Carrboro and Orange County regarding public fireworks display on July 4, 1991. The terms of the agreement shall be substantially consistent with the Manager's report of January 28, 1991 on this matter. A copy of said report shall be retained with the records of this meeting. BE IT FURTHER RESOLVED that the Council hereby authorizes the temporary closing of Ridge Road between Manning Drive and Stadium Drive on the night of July 4, 1991, to enable traffic and crowd control in connection with a public fireworks display at Kenan Stadium. The Town Manager is hereby authorized to determine, in consultation the University and other involved parties, the specific hours of this temporary street closing. BE IT FURTHER RESOLVED that the Council expresses its appreciation to the University for allowing the use of University facilities for the July 4th fireworks and public attendance. This the 11th day of February, 1991. V arrboro N.C. September 21, 1990 Mr. John Link, Jr. County Manager P. 0. Box 8181 Hillsborough, N. C. 27278 Dear Mr. Link, SEP 2 4 190 E:] P.O. 8Cx 2; 301 West Main Street Carrboro, North Carolina 27510 (919)968.7700 ;919) 942 55a1 For some years we have been concerned with the fireworks display at Town Hall on July 4th. Since the elimination of the fireworks display at Kenan Stadium, the crowd viewing the display at the Town Hall site has grown to alarming proportions. The Carrboro Board of Aldermen has discussed this concern and asked the Town's Recreation and Parks Commission (the group charged with responsibility for our July 4th celebration) to consider inviting participation by the other local government jurisdictions (Chapel Hill and Orange County). It was felt by the Board and Commission that the fireworks display had become an event serving both the municipalities and county. To continue the display, increase the amount of fireworks to -merit viewers' travel time, and provide for adequate public safety will require a team effort since the event has outgrown our ability to meet all of these needs. It has been decided by the Commission that the Town Hall site can no longer be used and meet minimum safety standards. I have been asked to communicate this concern to both Managers and ask that you approach your respective governing body as to their willingness to investigate this matter further. The costs of the fireworks (if all jurisdictions participated) would be approximately $9,000 for a cost of $3,000 per jurisdiction. This would more than triple the present fireworks display. The cost for public safety needs can only be determined when and if a suitable site could be found. The Recreation and Parks Commission views the Fireworks display as a function that is primarily controlled by public safety factors. It is their suggestion, that if one or both of the jurisdictions express interest in participating, that the interested parties develop a committee of public safety officers to determine site factors, choose a site and be responsible for the firewor'.=s display in total. Since these agencies coordinate 9 I x and work so well with each other on a regular basis, I feel that this would be a viable consideration. In order to contract with a pyrotechnic company to be responsible for the provision and execution of the display, it is projected that all decisions (including an approved site) need to be made prior to the end of 1990. Please consider this possibility and call me if I may provide further clarification or answer any questions. The fireworks display has become an important and expected community event and this provides an opportunity for all of us to work together and improve the event. Thank you for your time and consideration. Sincerely, Robert W. Morgan Town Manager xc: Mayor and Board of Aldermen - S 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No._ -- Meeting Date: March 20, 1991 SUBJECT : - Consultation- Services - Opportunities For Families Grant ------------------------------------ DEPARTMENT: County -Manager ----- PUBLIC HEARING YES: NO: X ATTACHMENT(S): INFORMATION` CONTACT: Manager's Office - OFF Planning Committee Members - Letter of Agreement Planning Proposal TELEPHONE NUMBER - (Under Separate Cover) Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To consider approving an agreement -with the - Center For Early Adolescence to provide consultation services for the Opportunities for Families Fund (OFF) Grant Proposal. BACKGROUND: On October 1, 1990 Orange County was one of 89 N.C. Counties that submitted "Opportunities For Families Fund" planning grant proposals to the Z. Smith Reynolds Foundation. The purpose of the OFF is to fund innovative county demonstration programs that will move poor families from dependency to self -- sufficiency, from poverty to a new quality of life. The County's proposal is based on the conviction that the key to breaking the cycle of poverty is to improve young males' chances of leading productive and economically self - supporting lives. On November 15, 1990 Orange County was one of 15 counties awarded $20,000 planning grants to develop OFF final proposals. The planning proposal became effective December 1, 1990 and final proposals are due August 1, 1991. From the 15 proposals the Z. Smith Reynolds Foundation will award five counties up to $ 1 million to implement the final proposals. Counties will be notified of the awards in November, 1991. Staff used a committee /team approach to develop the planning proposal. The OFF Planning Committee was established in August 1990 and will continue to oversee the development of 2 I the final proposal. Members suggested expending the $20,0001 planning grant for consultation services and designating an entity to write the final proposal. After soliciting proposals from several agencies and individuals, the planning committee recommended the Center For Early Adolescence. Dr. Frank Loda, Director, Center for Early Adolescents serves on' the OFF planning committee and is a major contributor to the' OFF proposal. Dr. Loda and the Center for Early Adolescencei did not pursue a consultation services agreement. The OFF Planning Committee felt the Center's expertise on adolescents was consistent with the major components of the County's planning grant. Total cost of the consultation services would be $20,000, the amount of the planning grant. RECOMMENDATION(S): Approve consultation services agreement with the Center for Early Adolescence to assist in developing) Opportunities for Families Fund Proposal. OPPORTUNITY FOR FAMILIES FUND GRANT PLANNING COMMITTEE Albert Kittrell Orange County Manager's Office P. O. Box 8181 Hillsborough, NC 27278 Fletcher Barber Agricultural Extension Service P. 0. Box 8181 Hillsborough, NC 27278 Art Cleary Inter -Faith Council 207 Wilson Street Chapel Hill, NC 27516 Phillip Cooke UNC -- CH School of Social Work 223 East Franklin Street CB# 3550 Chapel Hill, NC 27599 -3550 Harry Foy Chapel Hill - Carrboro Schools Lincoln Center Merritt Mill Road Chapel Hill, NC 27514 Susan Gladin Orange Congregation In Mission P. O. Box 866 Hillsborough, NC 27278 Jim Huegerich Chapel Hill Police Crisis Unit 828 Airport Road Chapel Hill, NC 27514 Curtis Jackson Orange- Chatham Counties Hlth Center P. 0. Box 339 Carrboro, NC 27510 3 Lucy Lewis Orange County Manager's Office P. O. Box 8181 Hillsborough, NC 27278 Rose Bolick Board of Education 200 East King Street Hillsborough, NC 27278 Betty Compton Adolescence In Needs Route 1, Box 393 Compton Road Cedar Grove, NC 27231 Mike Eyster Orange Chatham Counties Hlth Ser P. O. Box 339 Carrboro, NC 27510 Jim Gibson 103 Oakstone Drive Chapel Hill, NC 27514 Donn Hargrove Juvenile Services Division P. 0. Box 60 Hillsborough, NC 27278 John Hughes Adolescents In Needs 224 Hawkins Road Cedar Grove, NC 27231 Julia Scatliff Center for Early Adolescence 906 Arrowhead Road Chapel Hill, NC 27514 Richard "Stick" Williams Duke Power P. 0. Box 16909 Chapel Hill, NC 27516 Kathy LaFone Dropout Prevention Prog. Orange County Schools 200 East King Street Hillsborough, NC 27278 Gloria Williams JOCCA P. O. Box 27 Pittsboro, NC 27278 Gwen Price DSS -JOSS Program P. O. Box 8181 Hillsborough, NC 27278 Kathy Putnam DSS - Adolescent Parenting Program 410 Caldwell Street Chapel Hill, NC 27514 Carol Rugen Inter -Faith Council 1592 Velma Road Chapel Hill, NC 27514 Janice Schopler Human Services Advisory Commission 633 Shadylawn Road Chapel Hill, NC 27514 Dorothy Brower Durham Technical Community College 1637 Lawson Street Durham, NC 27707 A- OFFATT L •' �I 4' Eileen Kugler orange County Health Department Personal Health Services P. O. Box 8181 27278 Hillsborough, NC 27278 Carol Laing DSS - Employment Programs P. O. Box 8181 Hillsborough, NC 27278 Dr. Frank Loda Center for Early Adolescence Suite 211, Carr Mill Mall Carrboro, NC 27510 Marti Pryor -Cook Orange County DSS P. 0. Box 8181 Hillsborough, NC 27278 Dan Reimer Health Department P. 0. Box 8181 Hillsborough, NC 27278 Andy Sachs Dispute Settlement Center 302 Weaver Street Carrboro, NC 27510 Tina Vaughn Chapel Hill Housing 317 Caldwell Extension Chapel Hill, NC 27514 S 2 Center'for Early Adolescence University of North Carolina at Chapel Hill Suite 211 • Carr Mill Mall a Carrboro, North Carolina 27510 • (919) 966 -1148 March 7, 1991 FAX • (919) 966 -7657 John Link County Manager orange County Hillsborough, NC Dear Mr. Link: The Center for Early Adolescence has agreed to provide consultation services to orange County to assist the county in responding to a new initiative of the Z. Smith Reynolds Foundation. This initiative, the opportunities for Families Fund, would provide Orange County with up to $1 million over a three- to five -year period to implement structured reforms and improvements in their comprehensive efforts to help poor and dependent families to achieve economic self- sufficiency. orange County competed for, and won, a planning grant of $20,000 from the Z. Smith Reynolds Foundation to write this larger grant. The Center for Early Adolescence specifically agrees to write the grant by August 1, 1991, for submission to the Foundation. Center staff will meet regularly with the committees established by the county to determine the goals and objectives of the proejct. Center staff will be responsible for organizing these ideas into a document that can be submitted to the Foundation. Center staff will also review existing information from other programs to present ideas to the county planning committees for their consideration. The Center will be responsible for paying any fees to outside consultants who are identified in the grant writing process as having unique skills needed to write this grant. The Center will also cover any travel or incidental costs related to involving family members from poor families in the planning process. During the grant writing process, Center staff will periodically provide the community committees with drafts and outlines of specific portions of the grant as appropriate. The final document will be prepared by Center staff for review and approval by county staff and the citizen committees in ample time for submission to the Foundation by the county on August 1, 1991. Frank A. Loda, Director • Peter C. Saks, Deputy Director • ADVISORY BOARD: George B. Autry, MDC, Inc - Peter Benson, Search Institute • Robers Wm, Blum, University of Minnesota. Adolescent Health Program • Terry Brooks, Jefferson County (KY) Public Schools - John A. Calhoun, National Crime Prevention Council • Mary K. Chelton, Montgomery County (MD) Department of Public Libraries • M. Joyoelym Elders. Arkansas Department of Health - William C. Friday, President Emeritus. UNC • Harold Houle 11, Harvard Graduate School of Education - Kenji lma, San Diego State University • Edmard J. Meade. Jr., Education and Human Services Consulting • John Merrow 11. The Learning Channel • Aurelio M. Momtemayor, Intercultural Development Research Association • Lori S. Orum, National Council of La Ran • Karcn Johnson Pittman, Academy for Educational Development - Jane Quinn, Carnegie Council on Adolescent Development • Kenneth B. Smith, Chicago Theological Seminary - John B. Turner. School of social work. UNC -CH b Page 2 The county staff will continue to coordinate the meetings of the planning commi -ttees because it is important that citizens and county agencies feel a strong sense of ownership of the project. in consideration of these consultant services, Orange County will pay the Center for Early Adolescence $20,000 divided into two payments. The first of these payments for $10,000 will be made on April 1, 1991, and the second on August 1, 1991, when the grant is completed. Sincerely, of Frank A. Loda, M.D. Director Center for Early Adolescence sre cc: Albert Kittrell Marty Pryor -Cook 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20,, 1991 Action Agenda Item # X SUBJECT: Zoning Enforcement Cases (Civil Penalties) DEPARTMENT: PLANNING AND PUBLIC HEARING Yes xx No INSPECTIONS ATTACHMENTS(S): INFORMATION CONTACT: Jim Hinkley Summaries of Two Extension 2584 Zoning Case Histories TELEPHONE NUMBERS: • Floyd S. and Margaret Earhardt Hillsborough 732 -8181 • Howard and Rebecca D. Williams Durham 688 -7331 Mebane 227 -2031 Chapel Hill 968 -4501 PURPOSE: To request the Board of County Commissioners to make written demand for payment of civil penalties for zoning violations in one case and to rescind demand for payment of civil penalties in another. BACKGROUND: Floyd S. and Margaret Earhardt of 5705 Old Greensboro Road in the Wildcat Creek Com- munity have been assessed civil penalties by the Planning and Inspections Department be- ginning on February 18, 1991. Howard and Rebecca D. Williams of 2711 Buck - horn Road in the Buckhorn Community were sent a demand for payment of civil penalties by the Board of County Commissioners on No- vember 8, 1990. However, violations were corrected by January 8,.1991. 2 r RECOMMENDATIONS: The Administration recommends that the Board of County Commissioners take the following actions. 1. Make written demand for payment of civil penalties from Floyd S. and Margaret Earhardt in the amount of $1,600. 2. Rescind demand for payment of $3,500 in civil penalties from Howard and Rebecca D. Williams. 'I EARKARDT CASE SIIMMARy Location: Northwest corner of Old Greensboro Road and Wild- cat Lane Violation: Outside storage of goods including junked automo- biles and parts, wheels and tires, household goods, and trash located in the side and rear yards. status: The Earh'ardts were first contacted by telephone about complaints of neighbors on July 30, 1990. Mr. Earhardt responded in a positive manner, indi- cating that he would clean -up the premises. After no action to rectify the violations could be de- tected, they were sent their first violation no- tice on August 15, 1990. Soon thereafter, another telephone conversation was held with Mr. Earhardt. He gave assurances that the matter would be han- dled soon. A second letter was sent on September 20, 1990, after little or no action was taken. Subsequently, a vintage Subaru and a Ford Pinto were removed or stored in the garage on the pre- mises, but other items remained. On December 27, '1990, the Earhardts were sent a third violation letter, thanking them for the progress they had made and indicating that further work had to be done to bring the property into compliance. Again after little or no action was perceived, a fourth letter was sent on January 31, 1991, in which a deadline of February 18, 1991, was given to cor- rect violations and in which civil penalties were explained. As of March 6, 1991, the violations had not been corrected. Accumulated Civil Penalties as of March 6, 1990: $1,600 3 I WILLIAMS CASE SUMMARY Location: Southwest corner of B uckhorn and Mt. Willing Roads violations: Storage of goods outdoors including junked white appliances, motor vehicles and parts St atus The property has been brought into compliance as of January 8, 1991. Accumulated Civil Penalties as of January 8, 1991: $6,600 Demand for payment of civil penalties in the Note. De p amount of $3,50 the Board of County was made by II Commissioners on November 8, 1990• Consequently, Mr. Williams and his son visited our offices two times to see what had to be done to correct the violations. They were given suggestions, and by ected. January 8, 1991, the violations were corr i I i ,ry II 4 + I WILLIAMS CASE SUMMARY Location: Southwest corner of B uckhorn and Mt. Willing Roads violations: Storage of goods outdoors including junked white appliances, motor vehicles and parts St atus The property has been brought into compliance as of January 8, 1991. Accumulated Civil Penalties as of January 8, 1991: $6,600 Demand for payment of civil penalties in the Note. De p amount of $3,50 the Board of County was made by II Commissioners on November 8, 1990• Consequently, Mr. Williams and his son visited our offices two times to see what had to be done to correct the violations. They were given suggestions, and by ected. January 8, 1991, the violations were corr I O R A N G E CO U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 Action Agenda Item # -X-E SUBJECT: 1991 BOARD OF COUNTY COMMISSIONERS' GOALS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes —X —No ATTACHMENT(S): INFORMATION CONTACT: BOCC GOALS MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE. NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To approve the Board of County Commissioners goals for 1991. BACKGROUND: At the December Board Retreat, the County Commis- sioners confirmed the goals to be pursued for 1991. The management staff and department heads responded to those goals with specific objectives and plans of action during the Department Head Retreat on January 17 -18, 1991. The Board began discussion the goals at the February 19 meeting, but time was not sufficient to complete deliberation; and this item has been carried over. Specific verbal or written comments by Board members have been incorporated with reference to the following goals: 1. Long Range Planning - Addition of Objective 4, page 3. 2. Water Resources Development and Protection - To develop a plan for the use and control of optional waste treatment systems which permits flexible land development and protects the environment. In response to comments regarding the integration of waste treatment system control process into an overall water resource impact analysis system, a new goal was added under this subject. The devel- opment of waste treatment strategy under the Rural Character Goals was deleted upon request. la 3. Budget - To develop strategies to promote efficiency and savings in orange County government operations. 4. Education - To determine the most equitable methodology to fund current expenses for both school systems. The changes made in these goals are reflected in dark type. RECOMMENDATION: The Manager recommends that the goals and related plans of action as attached be approved by the Board of Commissioners. 811� I LONG RANGE PLANNING GOAL - PROMOTE EFFECTIVE LONG RANGE PLANNING BY DEVELOPING A COMPLETE SET OF IMPACT STATEMENTS WITH WHICH TO ASSESS THE LONG RANGE EFFECTS OF GROWTH AND DEVELOPMENT ON THE ENVIRONMENTAL, ECONOMIC, AND SERVICE RESOURCES OF THE COUNTY. OBJECTIVE 1 Provide an Infrastructure Impact Statement which identifies the extent to which new development utilizes the capacity of existing roads, utilities, parks, and other facilities. PLAN OF ACTION A. Identify facilities /impact measures. B. Prepare spreadsheet template. C. Work Session /Board of County Commissioners (BOCC), Planning Board (PB) and Economic Development Commission (EDC). D. Revise spreadsheet template. E. Report /BOCC, PB, and EDC. OBJECTIVE 2 February 1991 March - -April 1991 May 1991 May 1991 June 1991 Provide a School Facilities Impact Statement utilizing existing data which identifies the extent to which new development utilizes the capacity of existing schools in the Chapel Hill- Carrboro and Orange County School Districts. PLAN OF ACTION A. Work Session /County and School Staff. March 1991 B. Prepare spreadsheet template. April 1991 C. Work Session /County and School Staff. May 1991 D. Revise spreadsheet template May 1991 E. Work Session /BOCC and School Boards. June 1991 z OBJECTIVE 3 Provide a Fiscal Impact Statement which identifies the projected tax base, revenues, operating expenses, and capital improvement costs generated by new development. PLAN OF ACTION A. Work Session /BOCC, PB, and EDC. B. Revise spreadsheet templates. C. Work Session /BOCC, PB, and EDC. 3 February 1991, March 1991 April 1991 OBJECTIVE 4 Develop plans necessary to implement a county -wide system of impact fees for educational facilities. PLAN OF ACTION A. Seek legislative authority for county -wide implementation of impact fees for educational facilities. B. Use school facilities impact statement as basis for development of impact fees. C. Share model and proposed fees with BOCC at work sessions. 0 WATER RESOURCES DEVELOPMENT AND PROTECTION GOAL - CONTINUE COOPERATIVE EFFORTS IN RESERVOIR DEVELOPMENT AND IMPLEMENT STATE - MANDATED STANDARDS. OBJECTIVE 1 TIMETABLE Complete development of cooperative planning procedures between orange County and the Town of Hillsborough. PLAN OF ACTIO A. Work Session /County and Hillsborough staff. B. Alternatives presentation /Work Group. C. Planning Board recommendation. D. Work Session /BOCC and Hillsborough Board of Commissioners (BOC). E. Adoption of procedures. OBJECTIVE 2 Identify method(s) and implement State - mandated watershed Protection standards-in University Lake, Cane Creek, Upper Eno, Little River, Flat River, Hyco Creek, and Jordan Lake watersheds. January 1991 February 1991 February 1991 March 1991 March 1991 A. Land use data to Environmental Management Commission. February 1991 B. Develop standards comparison. C. Work Sessions /Utility Providers. D. Township Meetings /Community Assessment. E. Draft proposals. F. Township Meetings /Community Response. G. Revise proposals. H. Public hearing. March 1991 April -May 1991 June 1991 July- August 1991 September 1991 October 1991 November 1991 GOAL - TO DEVELOP A PLAN FOR THE USE AND CONTROL OF OPTIONAL WASTE TREATMENT SYSTEMS WHICH PERMITS APPROPRIATE LAND DEVELOPMENT AND PROTECTS THE ENVIRONMENT. OBJECTIVE 1 To develop and present to the County Board of Health and the County Board of Commissioners, for approval and enactment, a body of County regulations, requirements, guidelines and policies which will insure that utility owners /operators locate, construct, operate, maintain and.repair all optional or alternative technology -type waste treatment systems in a manner consistent with state law and with sound utility, engineering and environmental protection practices. PLAN OF ACTION A. Develop a process for removing /replacing operators of troublesome and failing waste treatment systems where system troubles and failures are the fault and responsibility of the operators. 1. Develop staff proposals. x. Work sessions with utilities, local government boards. 3. staff revision of proposals. 4. Presentations to utilities, local government boards. 5. Staff revision of proposals. 6. Public hearing. B. Develop.an impact fee process for the creation of a capital reserve fund to repair or replace failing waste treatment systems. 1. Develop staff proposals. 2. Work sessions with utilities, local government boards. 3. Staff revision of proposals. 4. Presentations to utilities, local government boards. 5. Staff revision of proposals. 6. public hearing. March -May June 1991 19 911 July 1991 August 1991 September 1991 October 1991 March -May 1991 June 1991 July 1991 August 1991 September 1991 October 19911 Y 6 OBJECTIVE 2 Establish a monitoring and maintenance assurance program consistent with state and local health and environmental statutes. PLAN OF ACTION A. Initiate data base for conventional and non - conventional systems. B. Determine need based on data base. G. Board of Health revise local sewage disposal rule. D. Implement monitoring inspections. E. Develop educational plan for conventional and non - conventional systems. GOAL - DEVELOP A DATA COLLECTION PROCESS AND A SERIES OF MODELS FOR ASSISTANCE IN THE EFFORT TO DETERMINE THE IMPACTS OF VARIOUS LAND USES AND WASTE TREATMENT OPTIONS ON THE QUANTITY AND QUALITY OF THE GROUND AND SURFACE WATER RESOURCES OF ORANGE COUNTY SO THAT THESE IMPACTS CAN BE FACTORED INTO THE LONG TERM PLANNING PROCESS. OBJECTIVE 1 February 1991 March 1991 June 1991 July 1991 September 1991 Collect all available data and locations for existing drinking water well yields and contamination testing,. USGS groundwater hydrology studies, septic tank failures, underground storage tanks, pesticide and herbicide uses, etc., as required to begin the process for making assessments of existing groundwater resource quality, availability and vulnerability to resource depletion and degradation by way of existing and future land use scenarios. PLAN OF ACTION A. Obtain available OC Environmental Health data on locations of failing septic systems. July 1991 B. Obtain Soil Conservation Service and Agricultural July 1991 Agricultural Extension Service data on pesticide and herbicide uses, agricultural practices, well tests, use of best management practices, etc. C. Obtain all listed sites and materials stored from Hazardous Waste Management Section. July 1991 D. obtain listing of all underground storage tanks, December 19911, and storage tank leak incidents from Division of Environmental Management. E. Obtain all available surface water quality March 1992 monitoring data from DEN. F. Obtain all available surface and groundwater March 1992 quality and quantity data from USGS and other sources. OBJECTIVE 2 Develop generalized soils mapping with emphasis on suitability for land application waste treatment systems and obtain from DEN data on remaining stream and surface water waste loading allocations in order to determine areas which would probably be best served by extension of municipal utility systems rather than development of onsite waste treatment systems. pLAN OF ACTION A. Using SCS soil mapping of the County and expertise May 1991 of staff soil scientists, develop generalized map of County indicating broad areas of soil types and depths suitable for land application waste treatment. B. obtain available information from DEN regarding July 1991 the assigned waste loading capacities of County streams and surface water and information on all approved surface discharge waste loading allocations for existing treatment facilities. OBJECTIVE 3 Develop a water resource protection long range planning system or program, using County GIS system and impact modeling programs to predict the impacts of various land uses and land use patterns on the quality and quantity of ground and surface water resources. PLAN OF ACTION A. Bring on line GIS capabilities of various County Departments which have environmental and planning/ land use responsibilities. December 1992 I \d E:] B. Develop computer modeling programs which use best July 1993 available technology to use collected environmental data on existing-impacts to project future and cumulative environmental impacts on ground and surface water resources. C. Implement a program for integrating water resource December 1993 environmental impact projections into long range planning process. Y I RURAL CHARACTER STUDY GOAL - PREPARE /RESOLVE STRATEGIES AND ORDINANCES TO PRESERVE RURAL CHARACTER OBJECTIVE 1 TIMETABLE Pursue mutual adoption, by Orange County, Chapel Hill, and Carrboro, of Options A (2 -Acre Lots), B (5 -Acre Lots), and C (1 -Acre Clusters) of the Rural Buffer Conceptual Guidelines. PLAN OF ACTION A. Chapel Hill adoption. February 1991 (Carrboro adopted all options - October 23 1990) B. Planning Board recommendation. February 1991' C. Board of Commissioners adoption. March 1991 OBJECTIVE 2 Develop Conceptual Guidelines for the remainder of Orange County. PLAN OF ACTION A. Township Meetings /Community Assessment. January 1991 B. Draft strategies. January -March 1991 C. Township Meetings /Community Response. March 1991 D. Revise strategies. April 1991 E. Public hearing. May 1991 OBJECTIVE 3 Prepare ordinances for implementing rural character strategies. PLAN OF ACTION A. Township Meetings /Community Assessment. July 1991 B. Draft strategies. July - September 1991 C. Township Meetings /Community Response. September 1991' D. Revise strategies. October 1991 E. Public hearing. November 1991 ECONOMIC DEVELOPMENT GOAL - EDC AND PLANNING STAFF TO DEVELOP "BUILDOUT MODEL" BASED ON CURRENT.LAND USE PLAN, PROJECTING JOBS, HOUSES AND TAX BASE OVER A PERIOD OF TIME (10 -20 -40 YEARS). OBJECTIVES TIMETABLE 1. Complete county -wide inventory of property tax August 1991 valuation by type (40,000 parc.). 2. Review and enhance Fiscal Impact Model. October 1991 3. Analyze 1990 census to project growth of the March 1992 residential sector. 4. Using commercial inventory project future non- April 1992 residential growth. 5. Final report. May 1992 GOAL - TARGET ADVISORY GROUP (TAG) WILL REPORT LONG -RANGE STRATEGIC OBJECTIVES ON ECONOMIC GROWTH TARGETS. OBJECTIVES 1. Final TAG report. January 1991 2. Report presentation to Board of County Commissioners. February 1991 3. EDC staff analysis of recruitment strategies and May 1991 targets. 4. Targeted recruitment program. Fall 1991 5. Joint work on geographic targets through joint Spring -Fall planning process. 1991 GOAL - DEVELOP PROPOSAL FOR SHARED SPACE CENTER FOR BUSINESS SERVICES AND TRAINING (AND RETRAINING) EMPLOYEES. 1. Develop preliminary recommendations for EDC Board review. 2. Inclusion of space requirements in CIP. February 1991 Spring 1991 10 i 3. Presentation of final proposal to BOCC. GOAL - CONTINUE COOPERATIVE PLANNING BETWEEN PLANNING BOARD AND EDC. OBJECTIVES 1. EDC and Planning Board joint committee formation. 2. Presentation of pre - development conference and courtesy review procedures. 3. First recommendations and public hearing. 4. Phase II. 5. Phase II public hearings. July 1991 November 1990 March 1991 May 1991 Summer 1991 Fall 1991 11 ,4 r HUMAN SERVICES GOAL - ASSIST LOW INCOME FAMILIES TO SECURE AND MAINTAIN EMPLOYMENT BY EXPANDING DAYCARE RESOURCES. OBJECTIVE TIMETABLE To increase the availability of daycare subsidies in orange County. PLAN OF ACTION A. Increase the amount of county funding for daycare February 1991 subsidies until federal funds are available. , B. Support the Day Care Resources Task Force and the Ongoing development of a strategic plan. C. Assess the Child Care Development Block Grant and February - advocate for the maximum amount of subsidy funds. March 1991 D. Convene meeting with legislative delegation to March 1991 discuss the statewide impact of decreased federal and state subsidy. GOAL- DEFINE THE COUNTY'S ROLE /CONTRIBUTION IN ADDRESSING AFFORDABLE HOUSING. Identify possible affordable housing financing options/ methods. PLAN OF ACTION A. Identify current affordable housing initiatives. March 1991 B. Describe various housing programs administered by March 1991 federal and state programs. C. Research possible financing options with the county February - non- profit housing corporation and other county April 1991 housing organizations. D. Recommend methods of county financial participation May 1991 in affordable housing programs. tV4 GOAL - DEVELOP APPROACH TO ACHIEVE OPTIMAL COMMUNICATION AND COORDINATION OF SERVICES AMONG PUBLIC AND PRIVATE HUMAN SERVICES AGENCIES. OBJECTIVE To develop strategic plan for human services. PLAN OF ACTION A. Human Services Management Team (HSMT) assist Human Services Advisory Commission (HSAC) in developing specific objectives for a strategic plan. 1. Meet with representatives from the county -wide human service community, including towns, United Way, and other appropriate, agencies-. B. HSAC and HSMT jointly establish budget and select consultant for strategic plan. 13 April 1991 May 1991 C. Ensure that strategic plan interfaces with ongoing Opportunities for Families Grant and United Way Needs Assessment planning processes. D. HSAC and County management continue discussions with United Way, Towns of Chapel Hill and Carrboro to develop common funding request application form for private non - profit agencies. 1. Draft new application form before 1992 --93 budget. E. Finalize strategic plan and present to BOCC. GOAL - IMPROVE AND EXPAND LITERACY PROGRAM. OBJECTIVE Develop a family literacy program with the assistance of the Governor's Advisory Council on Literacy and Orange County Literacy Council. PLAN OF ACTION A. County management assist Literacy Council in assessing family literacy needs and identifying existing services. B. Determine family literacy priorities. October 1991 November 1991 March 1991 May 1991 r C. Develop a.mechanism for implementation of family Au ust 1991 literacy program. g GOAL - DEFINE THE DIRECTION OF THE COMMISSION FOR WOMEN AND ADDRESS THE FEASIBILITY OF IT BECOMING A FULL -TIME DEPARTMENT. OBJECTIVE County management, staff and Commission to identify, refine and prioritize functions of the department. PLAN OF ACTION A. Compile and review past achievements. February 1991 I. Historic time line. 2. Past accomplishments. B. Review current role. March 1991 1. Examine mission statement. 2. Examine current objectives. C. Address the broadening of functions to determine expansion. April 1991 1. Discuss internal functions. 2. Discuss external functions. 3. Discuss objectives for next fiscal year. 4. Break down objectives as external, internal, or both D. Examine budget. April 1991 1. Cost of operation based on objectives of half -time department. a. Break down cost to include internal functions b. Break down cost to include external functions c. Prioritize objectives 2. Cost of operation based on objectives of full -time department. a. Break down cost to include internal functions b. Break down cost to include external functions c. Prioritize objectives E. Discuss options. May 1991 1. Through feedback from HSMT. 2. Through budget process. 14 15 E GOAL - COMPUTERIZATION OF HUMAN SERVICES. OBJECTIVE To upgrade current system of maintaining and sharing client information. PLAN OF ACTION A. Develop a Master Client Index (MCI) with the assistance of the UNC School of Social Work Human Services Research and Design Laboratory. 1. Assess existing county human services computer January 1991', network. 2. Evaluate and design hardware. January 1991 3. Evaluate and design software specifications. January 1991,, 4. Evaluate system cost. February 1991 5. Draft final report with recommendations for March 1991 implementation. GOAL - REVIEW THE COUNTY MINIMUM HOUSING CODE (MHC). OBJECTIVE To strengthen the Minimum Housing Code Ordinance and Enforcement Program. PLAN OF ACTION A. Meet with the HSAC to determine their initial January 1991' concerns /issues related to the MHC. B. Review the present ordinance provisions and February - March 1991 enforcement procedures. Research other N.C. jurisdictions' enforcement programs. C. Make recommendations to the HSAC based on results of April. 1991 research and local experience. D. HSAC make MHC recommendations to the BOCC. May 1991 GOAL - REEVALUATE JOB TRAINING AND PARTNERSHIP ACT (JTPA). OBJECTIVE To examine current JTPA, program activities and ensure maximum use of funding. PLAN OF ACTION Assistant Manager submit JTPA report to the Board of July 1991 County Commissioners (BOCC). (Report will include possible partnerships with neighboring counties.) 9 16 17" SOLID WASTE GOAL - IDENTIFY LANDFILL SITE AND ESTABLISH A NEW LANDFILL. OBJECTIVE TIMETABLE Identify the best landfill site in Orange County. PLAN OF ACTION A. Establishment of the Landfill Site Search Committee Spring 1991 (LSC) and securing engineering consultant to conduct the site search. B. LSC, consultant and staff educate the public about ongoing the need for a landfill and the process,of selecting the landfill site. C. LSC, consultant and staff meet and adopt screening Fall 1990 - and ranking criteria and apply criteria. Winter 1991 D. Hold periodic public meetings to update April, November 1990 citizens on the status of the landfill site April, October search. December 1991 E. LSC make recommendation to Landfill Owners Group (LOG) on two to four possible landfill sites. F. Landfill Owners Group (LOG) make recommendation to January 1992, BOCC on landfill site. GOAL - TO EXPAND PUBLIC INFORMATION EFFORTS ABOUT SOLID WASTE AND RECYCLING. OBJECTIVE To.provide the opportunity for a better understanding of solid waste and recycling issues and encourage public participation. PLAN OF ACTION A. Mailing of newsletter to all County residents on the February - status of solid waste and recycling in the County. March 1991 (LOG and county staff). B. Ongoing bi- weekly column in the "The Chapel Hill ongoing Herald" called "Watching our Wastelines ". (LOG) C. Distribution of updated "Solid Waste in Orange On oin County's brochures and recycling brochures. g g county staff) (LOG and D. Investigation of a compost demonstration site in Spring 1991 northern Orange County to educate citizens on composting. (LOG and county staff) E. Ongoing contact with all of the schools in the County Ongoing to educate students about solid waste and recycling. (LOG and county staff) F. Participation in the observance of Earth Day. April 20 1991 (LOG and county staff) G. Investigation of a Household Hazardous Waste drop off day in the 1991 -1992 budget. (LOG) H. Mass mailings and newspaper ads on solid waste issues. Ongoing (LOG and county staff) I. Public forums on solid waste issues. (LOG and county Ongoing staff) J. Meetings with civic groups to update them on solid waste issues. (LOG and county staff) GOAL - TO DEVELOP SOLID WASTE COLLECTION PLAN. OBJECTIVE To identify the most efficient and economically feasible solid waste collection method(s) available to Orange County (including financing options). PLAN OF ACTION A- Implementation of pilot compactor center. B. BOCC approve preferred solid waste collection center alternative. C. Incorporation of private haulers into the orange County Solid Waste Plan. D. BOCC approve preferred financing method for solid waste collection center alternative. E. Development of a Solid Waste Ordinance for Orange County. Ongoing Spring 1991 Fall 1991 Summer - Fall 1991 Fall 1991 Fall 1991 1 is Y F. Enhanced education for solid waste collection plan ongoing and recycling. G. Implementation of Phase Two of collection system FY 1991 -1992 alternatives (addition of two more collection centers). H. Implementation of Phases Three, Four and Five in subsequent years. 19 20 BUDGET OBJECTIVE To develop strategies to promote efficiency and savings in Orange County government operations. PLAN OF ACTION A. 1991 -92 Budget evaluation to include: I. Identification of more productive methods of service delivery. 2. 1991 Budget to begin efforts in costs incentives for productivity in County Departments.- Revised 3/11/91 i 21 EDUCATION TIMETABLE OBJECTIVE 1 To determine the most equitable methodology to fund current expenses for both school systems. PLAN OF ACTION A. Continue with present approach to funding current March -May 1991 expense for FY 91 -92. B. Both school boards review in further detail the March -May 1991 remaining viable options for school equity funding. County and school staff continue working together. OBJECTIVE 2 To address short range and long -term solutions to funding school capital projects. PLAN OF ACTION A. Staff to study which functions are in recurring March -May 1991 capital budget, and which are in CIP. Will work with two superintendents and make recommendations. B. Staff to make general recommendations in January February 1991 1991 -1996 CIP on timing of bond referendum to include i school and county priorities. C. BOCC establish a Citizen Advisory Committee to 1991 determine time, amount, priorities for next bond referendum. D. Citizens Advisory Committee execute change and report June 1991 to BOCC. E. BOCC determine appropriate action plan to address August 1991, school capital needs. Revised 3/11/91 i O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 0, 1991 i Agenda Abstract Item # SUBJECT: FEASIBILITY STUDY - NC- 54 WIDENING DEPARTMENT: Planning PUBLIC HEARING: Yes —X —No ATTACHMENT(S): INFORMATION CONTACT: Draft letter to NCDOT Planning Director X2592 Gene Bell 1/25/91 Memorandum PHONE NUMBERS: Hillsborough 73" -8181 SEE 2/19/31 AGENDA FOR Mebane 227 -2031 BACKGROUND MATERIAL Durham 688 --7331 C=hapel Hill 967 -5251 PURPOSE: To consider a response to the N.C. Department of Transportation on a feasibility study for the proposed widening of N.C. Highway 54 in Orange County. This matter was delayed for further consideration from the Commissioner's March 4, 1991 meeting. BACKGROUND: In October 5, 1990, NCDOT provided a copy of a feasibility study of the proposed widening of N.C. Highway 54 from 1 -85/40 in Burlington to the N.C. Highway 54 bypass in Carrboro /Chapel Hill. NCDOT asked for comments on the proposed project and indicated there was not deadline for receipt of comments. At its October 15, 1990 meeting, the Planning Board considered the feasibility study. In addition to Staff comments, the Planning Board recommended that other concerns be expressed to NCDOT. At its December 18, 1990 meeting, the Board of Commissioners considered the Planning Staff and Planning Board comments, and set January 22, 1991 as the public hearing date on the feasibility study. At the request of the Board, representatives of the Towns of Chapel Hill and Carrboro as well as OWASA were invited to comment on the study. NCDOT officials were also asked to attend and present the study findings. I 2 • At the January 22 public hearing, 11 citizens from both Orange and Alaman,_e Counties sp�'�k in Opposition to the project. The Chair of the OWASA Board of Directors also expressed concerns about the effect of the proposed project on the quality of Cane Creek and University Lake reservoirs. The Beard Of Commissioners held the public hearing open until comments were received from the Towns Of Chapel mill and Carrboro. During this period, additional written comment from citizens was al received. At its February 11, 1991 meeting, the Carr,boro Beard' of Aldermen considered the proposed project and adopted a resolution opposing the project. The Town of Chapel Hill, through its Planning Director, informed the County staff that the Town would have no comment on the project. Written comments were also received from the gingham Township Advisory Council and 19 citizens. At its February 19, 1991 meeting, the Board of Commissioners closed the public hearing and asked the staff to draft a letter to NCDOT which indicated: 1. That Orange County had conducted a public_ hearing to receive comment on the feasibility study; That copies Of comments received at the hearing' were being provided for NCDOT's consideration: - 3. That, based on the comments, the Hoard of Commissioners could find no compelling reason for the project and requested that it be removed from the 1991 -97 Transportation Improvement Program (TIP); and 4. That needed road improvements be included in the TIP in place of the NC 54 project. A draft letter as well as a list of highway improvement projects has been prepared for the Board's consideration. RECOMMENDATION: The Administration recommends that the'Chair be authorized to sign the letter to the N.C. Department of Transportation, following its approval by the Board and the selection of highway improvement projects for inclusion in the 1991 -97 Transportation Improvement Program. M M a � V March 5, 1991 Mr. L.J. Ward, P.E. , Manager Planning & Environmental Branch State of North Carolina Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611 -5201 Dear Mr. Ward: 3 SUBJECT: Feasibility Study - R -2539, NC 54 from I -40/85 in Burlington to Chapel Hill Bypass, Alamance - Orange Counties On October 5, 1990, you sent a copy of the above mentioned study to our Planning Director with a request for comments on the project. On January 22, 1991 and February 19, 1991, the Board of Commissioners conducted a public hearing for the purpose of giving interested citizens and municipal jurisdictions the opportunity to comment. At the hearing, comments were received from the Planning Staff and Planning Board. In addition, the Town of Carrboro, the Orange Water & Sewer Authority, the Bingham Township Advisory Council, and approximately 30 citizens from Orange and Alamance Counties spoke or provided written comments about the project. Copies of prepared statements and correspondence as well as copies of the public hearing minutes are provided for your information. Based on the comments received and finding no compelling reason for the project, the Board voted unanimously on March 4, 1991 to voice its opposition to the project and request that it be removed from the 1591 -97 Transportation Improvement Program. In lieu of the N.G. 54 project, the Board requests that the following projects be included in the Transportation Improvement Program: EListing of projects selected by Board of Commissioners3 The Board-feels that these projects would address more pressing needs in Orange County than the widening of N.C. Highway 54. Should you have questions regarding the Board's action or request, please feel free to contact me or Mr. John Link, the County Manager.. Sincerely, Mr. Moses Carey, Jr., Chair Orange County Board of Commissioners 4 M E M O R A N D U M TO: Marvin Collins, Planning Director FROM: Gene Bell, Planner III RE: TIP SUGGESTIONS FOR COUNTY COMMISSIONERS DATE: February 25, 1991 As you directed last week, I have been giving some thought to the annual TIP process and a strategy the County Commissioners might follow this year. Let me begin by listing some random thoughts /observations on the TIP: 1) The TIP hearing schedule is not available yet, but the hearing for District 7 is usually during the first week in May. It was on May 8 last year and May 1 in 1989. 2) The Governing Boards of Orange County municipalities will be considering TIP requests as follows: a. Hillsborough - March 11 b. Carrboro - March 12 c. Chapel Hill - March 25 3) TIP requests are viewed more favorably by the State Board of Transportation if they have the endorsement of the Urban Area TAC. The TAC meets on April 24 to consider these requests. The TCC will meet on April 3 to review requests going to the TAC (essentially the same process as our Planning Board reviewing public hearing items going to the County Commissioners) and local requests need to be finalized before that time. 4) Traditionally the County Commissioners have adopted a resolution of support for the municipal requests in Orange County to present a united front and increase the chances of requests being viewed favorably at the State level. This has usually been the extent of County participation in that the Commissioners haven't submitted their own list of requests. There is a push to become more active in the TIP process this year, prompted in large part by the perception of Commissioners that there are transportation needs in Orange County more pressing than the proposed widening of NC 54. 5) A strategy the Commissioners might pursue this year is: a. Schedule consideration of TIP requests for their meeting on April 1. This will allow them to review all municipal requests as they have traditionally done and allow for their action (the BOCC) to be hand delivered to the TCC meeting on April 3. b. Use DOT identified safety needs in Orange County as the basis of their request this year; in particular, I'm referring to the list of dangerous intersections and deficient bridges listed in Chapter IV of the Orange County Thoroughfare Plan Study Report. These sections of the report are attached. Those inter- sections in the rural areas are listed below with the road names corresponding to the SR numbers: I -85 / US 70 I -85 / NC 86 - I -85-/ SR 1009 (S. Churton St.) I -85 / SR 1120 (Mt. Willing Rd.) US 15 / SR 1008 (Mt. Carmel Church Rd.) US 70 / SR 1002 (St. Mary's Rd.) - US 70 / SR 1560 (Crawford Rd.) US 70 / SR 1562 (Palmers Grove Rd.) US 70 / SR 1706 (Riverside Dr.) - US 70 / SR 1715 (Dove Creek Road) (The above is an error; Dove Creek intersects with old NC 10 instead of US 70) NC 57 / NC 86 c. Review the current TIP for orange County highway projects needing endorsement or recommendation for removal. The Orange County portion of the TIP is attached; projects that might be commented upon include: - R -2538 (NC 54 widening) - R -2630 (Durham Northwest Loop) - B -2598 (Replace bridge on NC 157 across North Fork of the Little River) - B -2100 (Replace bridge on Old Greensboro Road across Haw River) - B -2599 (Replace bridge across Eno River at Allison St. in Hillsborough) d. Endorse Department on Aging requests in the current TIP and support any new requests they may be, submitting this year for their human services transportation programs. e. Consider endorsement of Chapel Hill and Carrboro bicycle requests for Independent, Incidental, and Unmet Needs in the current TIP (copies attached). 5 r Table S Minimum Tolerable Lane Widths (ft) }� Principal Minor t+ 1 Q' AT C-0� 11.irrnrs Over 2,000 11 11 zl 400 -2,000 10 10 100 - 400 -- 10 9 Below 100 --- _- 9 The capacity deficiency analysis is a method used to determine if the pro..jected traffic on a given thoroughfare would exceed the practical capacity of this road. The projected traffic year used was 2010. The past traffic volume trends and tolerable lane widths, along with the capacity deficiency analysis, were used to determine the thoroughfare improvements for the Orange County Thoroughfare Plan. This information is listed in Appendix B, along with recommended pavement cross sections for roads requiring widening. These roads were recommended to be widen to either 22 or 24 feet depending on the projected traffic volumes on these roads. Typical cross sections recommended by the Statewide Planning Unit of the-North Carolina Department of Transportation are shown in Appendix A. Traffic Safety Traffic accident reports are of assistance in locating problem areas on the state road system. The 1989 Safety Program Listing, obtained from the Traffic Engineering Branch of the North Carolina Department of Transportation, shows the number of accidents and their severity for every intersection located in Orange County for the period January 1986 - June 1989. The high frequency accident intersections are shown in Table 6. These intersections were chosen due to the amount of accidents occurring at the given location. The intersections located outside the urban boundaries of Carrboro, Chapel Hill, and Hillsborough (rural areas) that had 10 or more accidents were listed. Inside the urban boundaries of Carrboro and Hillsborough, only the intersections with 20 or more accidents are shown. The intersections with 40 or more accidents are shown for the Chapel Hill urban boundary. 2 3 59 .0- Table 6 ORANGE COUNTY H_TGH iRE'QUENCY ACC-10E N71' INTERSECTIONS JANUARY 1986 -JUNE 1.989 INT RSECTION TOTAL SEVERITY AMOUNT INDEX RURAL I -85 / US 70 12 10.05 I -85 / NC 86 21 16.90 I -85 / SR 1009 19 10.03 I -85 / SR 1120 13 17.65 L'S 15 / SR 1008 10 14.54 L'S 70 / SR 1002 18 15.04 US 70 / SR 1560 12 7.03 L'S 70 / SR 1562 11 7.58 US 70 / SR 1706 13 10.02 US 70 / SR 1715 10 2.80 NC 57 / NC .86 14 14.55 URBAN - CARRBORO NC .54 / M.AIN ST 22 16.57 GREENSBORO / MAIN 24 15.66 MAIN / ROSEMARY 23 12.81 URBpL ] - CHAPEL HILL US 15 / ELLIOT 44 8.40 US 15 / EASTOWNE 56 10.36 US 15 / MANNING 45 9.83 US 15 / WILLOW 43 8.98 AIRPORT / ESTES 58 14.52 COIUu.BIA / ROSEMARY 64 13.25 COLUMBIA / ERANK 59 7.90 =0T / FRANK 40 5.98 ESTES / FRANK 88 7,48 FRANK / HENDERSON 62 9.44 URBAN - :HILLSBOROUGH 7-85 / CHURTON 24 7.79 US 70 / NC 86 28 10.03 CHURTON / CORBIN 22 6.33 CHURTON / KING 24 11.14 CHURTON / MARGARET 23 6.89 24 8 Bridge Conditions Bridges are a necessary and unique element of a highway system. They represent the highest unit investment of all elements of the system. If any inadequacies or deficiencies exist in a bridge, the value of the total investment of the system is reduced. The community welfare can be disrupted if the structural system of a bridge fails, but more importantly loss of life can also occur. For these reasons, bridges must be constructed to the same or higher design standards as the highway system of which they are a part. Congress enacted the National Bridge Inspection Program Standards on April 27, 1971, implementing the Federal Highway Act of 1968. These standards require that "all structures defined as bridges located on and of the Federal -Aid Highway Systems be inspected and the safe load carrying capacity computed at regular intervals, not to exceed two years." A sufficiency index number has been calculated for each bridge for the purpose of establishing -eligibility and priority for replacement.- The bridges with the highest priority are replaced as Federal -Aid funds and State funds are made available. Additional funds have recently been provided by Congress specifically for bridge replacement. A sufficiency rating is used in the analysis to determine the deficiency of a particular bridge. The sufficiency rating is a method of evaluating factors which are indicative of bridge sufficiency to remain in service. Some factors used are: structural adequacy and safety, serviceability and f-unctional obsolescence, structure type, and traffic safety features. This method yields a percentage in which 100 percent would represent an entirely sufficient bridge and zero percent would represent an entirely insufficient or deficient bridge. A sufficiency rating cf 50 percent or less qualifies for Federal Bridge Replacement funds. Table 7 shows functionally obsolete bridges with sufficiency ratincs of 50 percent and less, with a reference to.their location on Figure 6. There are 119 bridges located in Orange County, with 32 functionally obsolete bridges with a sufficiency rating of 50 percent or less. There are currently four bridge projects included in the current Transportation Improvement Program. Table 7 also shows structurally deficient bridges, with a reference to their location on Figure 7. 25 �O' TABLE 7 - FUNCTIONALLY OBSOLETE AND STRUCTURALLY DEFICIENT BRIDGES IN ORANGE COUNTY MAP LOCATION OF SUFFICIENCY INDEX FUNCTIONALLY OBSOLETE BRIDGES RATING M 1 SR 1114 @ I -40 & 1 -85 50.0 2 SR 1919 @ MORGAN CREEK 49.6 3 SR 1002 @ STROUDS CREEK 49.2 4 SR 1723 @ NEW HOPE CREEK 49.1 5 SR 1340 @ CREEK 49.0 6 SR 1540 @ S. FORK LITTLE RIVER 48.5 7 SR 1534 @ PRONG LITTLE RIVER 48.3 8 SR 1114 @ CANE CREEK 48.3 9 SR 1009 @ NEW HOPE CREEK 48.0 10 SR 1362 @ CREEK 47.9 11" SR 1346 @ CREEK 47.2 12 SR 15.38 @ S. FORK LITTLE RIVER 47.1 13 SR 1507 @ S. FORK LITTLE RIVER 45.2 14 SR 1508 @ S. FORK LITTLE RIVER 43.9 15 SR 1561 @ ENO RIVER 43.9 16 SR 1958 @ CANE CREEK 43.9 17 SR 1524 @ STING CREEK 42.9 18 SR 1940 @ PRICE CREEK 42.5 .19 SR 1718 @ CREEK 42.2 20 SR 1718 @ CREEK 41.5 21 SR 1734 @ NEW HOPE CREEK 40.5 22 SR 1113 @ NEW HOPE CREEK 39.1 23 SR 1113 @ NEW HOPE CREEK 39.1 24 SR 1113 @ NEW HOPE CREEK 39.1 25 SR 1730 @ OLD FIELD CREEK 37.1 26 SR 1324 @ MCGOWAN CREEK 36.9 27 NC 86 @ NEW HOPE CREEK 36.6 28 SR 1538 @ N. FORK LITTLE RIVER 36.0 29 SR 1004 @ CREEK 35.8 30 SR 1548 @ S. FORK LITTLE RIVER 32.7 31 SR 1148 @ ENO RIVER 32.5 32 SR 1517 @ N. FORK LITTLE RIVER 31.8 33 SR 1777 @ BOLIN CREEK 31.5 34 NC 157 @ N. FORK LITTLE RIVER 23.3 MAP LOCATION OF SUFFICIENCY INDEX STRUCTURALLY DEFICIENT BRIDGES RATING (�) 35 US 70 BUSINESS @ ENO RIVER 61.5 36 I -40 & I -85WBL @ SR 1120 37.0 37 SR 1723 @ STONEY CREEK 28.5 38 SR 1352 @ PRONG ENO CREEK 23.0 39 SR 1350 @ CREEK 22.2 See Figure 6 for locations of bridges on Orange-County Map. "i 4' A 774 —L-1. V I 341-1 10 , 38 A 6 3 X . 0 3 r� , I 26 "r J -4� 31 23 IV 24 22,,, 10 0 u i co 7— N, T z 33 L t 16 E LL FUNMONALLY 09SOLVIM STRUMPALLY DEF=FW c A T c 0 ORANGE COUNTY NORTH CAROLINA BRIDGE LOCATION MAP FUNCTIONALLY OBSOLETE AND STRUCTURALLY DEFICIEKT BRIDGES FuNcTiQN&Ly ngmt-c-T2 Funciportaiiy obsoMe bnoclar, are mdse wlich am narrow, have 0111011"M Stpj=jnoiy *Ocwnt WxW$ vfQ InOws wrich are 'n "Ma"" poor m-4w or ly whtm may be cue to "fad MOW Or underejemno&s. have insuftent load ca" asawrf. Of are DOM aligned with hrq irmumcent Idea caffyV19 G5000 me roaaway and can 00 longer aclecuately serm0a WWY's rathf- oeleflomoons. 1 F Z O C.) 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F=- CD 0 0 > m U-J > __r- > = 0 '=Z. 0. , m m z . m 0, C.) 8 CL CL C, ra z 0) CL CL LU 3: m M 'a 32 IM Cc -0 0 < 0 0 < U CD Lu UDC OOw U) C3 0 CD W (D to ` Ch CL c E m m 0 (n BK-35 =7 zP G R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 1 Agenda Abstract Item # SUBJECT: 1991 JOINT PLANNING PUBLIC HEARING SCHEDULE DEPARTMENT: Planning ATTACHMENT(S): Chapel Hill 3/4/91 Resolution PUBLIC HEARING: Yes X Nc INFORMATION CONTACT: Planning Director X2592 PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To consider scheduling two Joint Planning public hearing dates for 1991. BACKGROUND: The Joint Planning Agreement requires that Orange County, and the Towns of Chapel Hill and Carrboro conduct a joint public hearing when amendments to the JPA Land Use Plan and /or Map are proposed. Joint public hearings are also required when changes to the Agreement or Zoning Map for the Transition Areas are proposed. In the past, two Joint Planning public hearings have been scheduled each year, one in the Spring and one in the Fall. A public hearing calendar provides staff as well as citizens the opportunity to develop work programs and project applications in accord with established deadlines and meeting dates. Both the Towns of Chapel Hill and Carrboro have approved May 1 or May 2, 1991 and October 10 or October 24, 1991 as possible hearing dates. The hearings would be held at 7 :30 p.m. at a location to be determined. RECOMMENDATION: The Administration recommends that the Board of Commissioners approve one of the two May dates and one of the two October dates for Joint Planning public hearings. Upon approval, the Staff will notify the Towns of Chapel Hill and Carrboro, prepare a specific 2� schedule of application deadlines; advertisement and notification dates, and review /decision dates; and reserve a location for the hearings, i _i 1 A RESOLUTION REQUESTING JOINT PLANNING PUBLIC HEARING DATES (91- 3-4/R-9) WHEREAS, the Town of Chapel Hill is a party to a Joint Planning Agreement with Carrboro and Orange County; and WHEREAS, the Joint Planning Agreement calls for Joint Public Hearings to consider changes to the Agreement, and to the Land Use Plan and zoning for the Joint Planning Area;. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that such Joint Public Hearings with the Carrboro Board of Aldermen and the Orange County Board of Commissioners be scheduled for May l or May 2, 1991, and for October 10 or 24, 1991, at 7:30 p.m., at a location to be determined and published. This the 4th day of March, 1991. 3 M. 6, 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.� ACTION AGENDA ITEM ABSTRACT Meeting Date: March 20, 1991 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 Commissioners' appointed Board and Commissions. BACKGROUND: The following recommendation is presented for the Board's consideration. JOCCA BOARD OF DIRECTORS - Appoint Dazzie Lane to fill the vacancy for Carrboro's Representative. RECOMMENDATION(S): As the Board decides. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: MARCH 20, 1991 SUBJECT: MINUTES --------------------------------- DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X - ATTACHMENT(S): UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 --------------------------------------- PURPOSE: To correct and /or approve the minutes as submitted for consideration: January 31, 1991 - P.H. on Proposed Legislation February 25, 1991 - Quarterly P.H. March 4, 1991 - Regular Meeting March 5, 1991 - Special Meeting March 6, 1991 - Joint Meeting with Chapel Hill BACKGROUND: In accordance with 153A -42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S): As the Board decides. RESOLUTION OF SUPPORT WHEREAS, community colleges in North Carolina should continue to provide the adult basic education and literacy training needed to ensure that North Carolina adults gain the skills, beyond reading and writing, which will qualify them to enter technical, vocational, or college transfer programs or succeed in the labor market; and WHEREAS, the community college system should expand its capacity for providing customized skills and supervisory training for businesses; NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners, in support of Durham Technical Community College, Alamance Community College and Piedmont Community College endorses their efforts to provide the training resources most appropriate in meeting the needs of our citizens. Moses Carey, Jr., Cha Stephen Halkiotis, Vice - Chair Alice Gordon, Commissioner Ver a Insko, Commissioner VV Don Willhoit, ommissioner .. � ........ ... ... .... �... ... ......�.�,�,..-- ....-- ........ ... ...�.� .. ... .. �� .. .. . ...... .... _ it i BE IT FURTHER RESOLVED that the Board of Commissioners of Orange County hereby requests the Senators and Representatives representing Orange County to introduce and support: 1. A local bill enabling Orange County to adopt a Human Rights Ordinance for Orange County. BE IT FURTHER RESOLVED that the Board authorizes the County Attorney to prepare a draft bill enabling Orange County to adopt a Hu4 Rights Ordinance for transmittal with this resolution. Mire +o al Cler Or r'�- 4e..m l r e e t b r» p r 41 a4 D C OUR MAR 1 81991 IJ" r Ona r► a ,w: m ran Ca Id .r h n d/ j 11 r� ► ►►� Ce M T Of A r , T �16� /1 O S � ''cr�a C� �" o An• z,., e e t �r,• f�J ✓ �d n • vet o+� �i -H r a f w rri Ate:.iT w P) r 1 r Ore �An4r^,t 4eptent e o on . _.. 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C W _ li co � II a (D cu (D m ca _a C -� W a -c c 4- a o - a a a +- p a �r a < D CL C)L _� c C: ° a a a 0 0 0 CO F NOE r� .qN py Coup ty, PLAN line ahin?ItyBoard of Co 04 A4 1. th rovO 1gg missione�s will hold a Public ;resA, ��, ter` f .Road m the Roomments Plan ' � � ChQpel Hill North Carolina at Lincoln >sa1rityr; #o . Citizens rr ii ffiwe*Mf, 0 P '0 wiit�fen'and oral Com "and.ht, Public nee '0s for tducat�on, p' ants d'ar1d , ic Safi t ublic Build - ," •�r;and y''P ,I lic Works, Recr6ation Ments, Lan Re es. *0r tNn 4-Wbo 1vOd kayo. "then Cvrri r , All written com :, ,z;h F►,,, . missioners Office,na , yni Copy of ` . ".'. slvectydn at t - plari is av �!; hapl rar ailable for p a't:C y, the Ora ub nge County 'ltrkibg h dLIC HEARING ON MROUGH 1996 iOVEMENTS PLAN dy North Carolina io will hold a public Hers The Oran hearing on the 1991 through Capital Improvements Plan . on March 20,'1991 at 7:30 p.m. in the Board Room at Lincoln nter, Merritt Mill Road, Chapel Hill, North Carolina. Citizens Ce , will have the opportunitnd oral comments y to provide written a co g Y concerning five ear capital needs for Education, Public Build - in sand Equipment, Public Safety, Public Works, Recreation g and Parks, and Water and Land Resources. All written com- ments should be received by the Commissioners Office no later than 5:00 p.m., March 20th. copy A co of the Capital Improvements Plan is available for pub- lic inspection at the Chapel Hill Library, the Orange County Library, and the Clerk to the Commissioners Office, located at 109 Court Street, Hillsborough, North Carolina during regular I working hours. RESOLUTION REQUESTING LEGISLATIVE AUTHORITY TO ADOPT A HUMAN RIGHTS ORDINANCE FOR ORANGE COUNTY Zdca/ Whereas, it is the policy within Orange County to promote equal treatment of all individuals based on ability) and need; to discourage arbitrary discrimination based on religion, age, sex, affectional preference, race, disability, or marital status; to help residents find ways to meet and solve problems arising from discrimination by use of public meetings, counseling, mediation where appropriate, and the civil and criminal courts as necessary; to continue to protect residents lawful interests and to recognize each persons dignity, so as to make available to ithe County the full productive and creative capacities of its citizens; to use such powers it may possess to prevent public and domestic strife, crime and unrest within Orange County; and, to preserve the public health, safety and general welfare; and furthermore', Whereas, it is the policy within orange County that all individuals, child and adult, female and male, shall have equal rights throughout Orange County and every place !subject to its jurisdiction; and Whereas, it is the intention to carry out in Orange County the policies provided for in various federal rules, regulations, and laws prohibiting discrimination in housing, employment, places of public accommodation, public transportation, voting', and education; and, to address the deprivation of past, present '',or future free exercise or enjoyment of any right, privilege or immunity secured by the Constitution of North Carolina, not inconsistent with the Constitution of the United States; Now, therefore, be it resolved that the Orange County Board of Commissioners requests the authority, through its Legislative Delegation, to adopt a Human Rights Ordinance for Orange County. This the 20th day of March 1991. I Moses Carey, Jr., Chairman RESOLUTION REQUESTING LEGISLATIVE AUTHORITY TO ADOPT A HUMAN RIGHTS ORDINANCE FOR ORANGE COUNTY Whereas, it is the policy within Orange County to promote equal treatment of all individuals based on ability and need; to discourage arbitrary discrimination based on religions, age, sex, affectional preference, race, disability, or marital ',status; to help residents find ways to meet and solve problems arising from discrimination by use of public meetings, counseling, ' mediation where appropriate, and the civil and criminal courts as necessary; to continue to protect residents lawful interests and to recognize each persons dignity, so as to make available to the I County the full productive and creative capacities of its citizens; to use such powers it may possess to prevent public and domestic strife, crime and unrest within Orange County; and, to preserve the public health, safety and general welfare; and furthermore, Whereas, it is the policy within Orange County that all individuals, child and adult, female and male, shall have equal rights throughout Orange County and every place subject to its jurisdiction; and Whereas, it is the intention to carry out in Orange'! County the policies provided for in various federal rules, regulations, and laws prohibiting discrimination in housing, employment, places of public accommodation, public transportation, voting and education; and, to address the deprivation of past, present or future free exercise or enjoyment of any right, privilege or immunity secured by the Constitution of North Carolina, not inconsistent with the Constitution of the United States; Now, therefore, be it resolved that the Orange County Board of Commissioners requests the authority, through its (Legislative Delegation, to adopt a Human Rights Ordinance for Orange County. This the 20th day of March 1991. Moses Carey, Jr., Chairman March 19911 LAND RECORDS MANAGEMENT PROGRAM Fact Sheet STAFF - 8 Positions o Manager (vacant & frozen) o Photogrammetric Map Consultant II (vacant & frozen) 0 3 Photo. Map Consultants I (1 vacant & frozen) o Land Records Management Consultant o Internal Systems Consultant I o Clerk /Typist IV I BUDGET • Operations $378,906 • Grants 410,468 • Total 789,374 STATUTORY AUTHORITY • G.S. 143 -345.6 - Land Records Management Program • Chapter 1099, S.L. 1977 - "The Act to Provide Assistance to Counties for Improvement of Land Records" • G.S. 161 -22.2 - Parcel Identifier Number Indexes • Section 1, Chapter 633, 1989 S.L. - Register of Deeds Satellite Offices FUNCTIONS 0 Provide technical assistance to local governments for modernization of their land records. Assistance includes: project planning; cost estimates of new and on -going projects; sample drafts and review of Requests for Proposals and contracts; quality control of aerial photography, contact prints, and orthophotos; and liaison between contractors, county boards of commissioners and county tax /land records personnel. o Publish and enforce statewide technical mapping specifications. 0 Train local government personnel in deed plotting, map assembly, records reconciliation for tax Purposes, and parcel identifier number assignments. 0 Approve parcel identifier number indexes in Registers of Deeds Offices. o Approve Registers of Deeds satellite offices . o Develop minimum standards for uniform indexing, recording, security, and reproduction procedures for land records including maps, plats, and condominiums. o Periodically conduct comparative salary studies 'of all registers of deeds offices. o Provide staff support to and participate in professional relationships with various committees., associations, and other departments such as the N.C. Associations of Registers of Deeds, Assessing Officers and Tax Collectors, Property Mappers, Real Property Section of the Bar, County Commissioners; Society of Surveyors; Land Records Advisory Committee; GIS Coordination Planning Task Force; Institute of Government at Chapel Hill; and N. C. Departments of Transportation, Cultural Resources, and Revenue. o Administer the Land Records Management Grant Program. o Administer the proposed N- . C . Property Mappers Certification Program MAJOR ACCOMPLISHMENTS o Nationwide model in the land records modernization movement. Many states, including South Carolina, Georgia, Tennessee, Virginia, and Wisconsin, have followed North Carolina's lead and established similar programs . o Technical Specifications for Base, Cadastral, and 'Digital Mapping" in " and enforced. This publication serves as a guide to local governments and their contractors for mapping projects. o Today, with Land Records Management Program assistance, 36 counties have completed their mapping, 43 counties are in the process of completing their .mapping, 38 counties have in -house Geographical Information Systems (GIS), and 5 additional counties are expected to have GIS soon. When the program began in 1977, only 10 counties had accurate, modern; large scale maps and none were involved with GIS. o $4,962,086 has been provided as matching funds to 86 counties as a catalyst to undertake land records modernization projects .valued in excess of $40, 000, 000. These projects include base mapping, cadastral mapping (parcel boundaries) , Parcel Identifier Number assignments, and automation of land records projects (GIS, computerized indexing, etc.) . o Minimum statewide standards for uniform indexing and recording 'of land records approved and published in 1990. o North Carolina e 'sters of Deeds Salar Stud and R Recommendations published in 1990. o Satellite Register of Deeds office in Guilford County approved and successfully implemented in 1989. February 25, 1991 Mr. John Link, County Manager and Members of the Board of County commissioners (Orange County) Post Office Box 8181 Hillsborough, North Carolina 27278 Re: Proposed TRIANGLE YOUTH HOCKEY ASSOCIATION sponsored "Triangle Community Activity Center" Dear Mr. Link and Members of the Board: Since the closing of the Daniel Boone Twin Ice Rinks, the Triangle Youth Hockey Association (a non profit association) has been planning a new activity and athletic complex for use by the youth hockey league, local figure skating groups, the ice hockey teams from The University of North Carolina at Chapel Hill, Duke University and North Carolina State University and for use by social groups and the general public. Plans for the facility include other athletic and community facilities in addition t ! o the ice rink. TYRA is moving forward on a very tight development schedule since we need to have the facility available for activities scheduled for fall,of 1991. The TYHA has received substantial commitments of support for sour development efforts. Property for the facility in an excellent location between Interstate 85 and Interstate 40 south of the Town of Hillsborough has been conditionally proposed for donation or use at no cost. This parcel already has suitable zoning (general commercial; Hillsborough ETJ) and the proposed use conforms to the Town and County plans. The conditions for the property contribution include (but are not limited to): - TYHA must have and maintain tax exempt status. - All programs must be operated as in a "public" facility. - "Significant" public and governmental participation is required. - Public participation should be made on the basis of contributions toward rents or toward construction of facilities, or both. -- Facility would have to be a multipurpose facility and might include the proposed swimming pool for the Orange County Recreation and Parks Department and the proposed Orange County Rural Education Center in addition to the ice rink and improvements proposed by TYHA. (Note: significant energy savings are possible when developing a swimming pool in conjunction with the development of the ice rink due to the use of "waste heat" to warm the swimming pool water.) - The related cost of infrastructure improvements must be borne by the project. - The responsibility for the construction of the, facility and TYHA /Orange Co. Facility: Page Two subsequent lease at cost, by a subsidiary of the owner to the joint users (TYHA and Orange County) is possible. The owners of the property will benefit by this donation by establishing an appropriate atmosphere for the proposed mixed use development and the new facility will help to attract additional quality users. This has obvious future economic benefits for the property owners. The projected income from the TYHA operations is sufficient to maintain lower public usage fees, provide for maintenance requirements and amortize the cost of the improvements for its operations. The joint use oflthe facility by Orange County and TYHA would enable the development of much nicer facilities than either entity could probably afford if developed alone. This project could well serve as a model for the kind of public /private effort that best benefits the community. If Orange County elects to participate in this project and', to finance the improvements related to this project or other county projects in the same development through the issuance of bonds, Citation Equity Corporation (parent company of property owner) has indicated a willingness to purchase, at market rates, at least fifty percent of the bonds issued. This bond purchase would save a considerable amount of money in brokerage fees. We are looking forward to meeting with you at your convenience to discuss this opportunity. Please feel free to contact us at any time iif you have any questions. Sincerely, For: TRIANGLE YOUTH HOCKEY ASSOCIATION Lb. I IL" Daniel G. Kidd, President Triangle Youth Hockey Association Post Office Box 656 Hillsborough, NC 27278 919- 992 -5359 For: CENTERPOINTE DEVELOPMENT, INC. Neal Littman, Project Manager Centerpointe Development, Inc. 228 South Churton Street Hillsborough, NC 27278 919 -732 -7568 Al t - Address at the Chapel Hill Public Forum on Capital Improvement Outlays March 19, 1991 Hello, I am Carolyn Leith, and I am speaking on behalf of PALS -- Performing Arts Lovers at CHHS. Our group works to support the Cultural Arts activities that take place at CH High -- specifically in the Cultural Arts Building. We want to propose that the County set aside some capital improvement funds in next year's budget to take care of the maintenance of this bond -built building. The school system has not had the resources in its meager share of the Capital Improvements budget to take care of this wonderful County resource that seats 850 people. A recent assesment of the building by our group revealed some real physical problems that will take about $1.25 per County resident to fix. On February 12th, we hosted a building tour with Neil Pederson, Assistant Superintendant of Support Services for Chapel Hill - Carrboro City Schools, and the Cultural Arts staff. Once rated the best school auditorium in the state, it is apparent that CHHS has lost that honor due to inattention to maintenance and replacement of vital parts that a theatre needs to operate. It would be short sighted for the county to ignore the very real but necessary costs associated with maintenance. The side (black) curtains and the gold velvet drapes have never been cleaned, and in some cases, they are falling apart. This item is slated to appear on the school system's Capital Improvement Plan list and we urge you to appropriate funds to meet this basic stage need. However, the biggest need is a total lighting system rehab for the stage that could cost between $50,000 and $100,000.- -BIG DOLLARS- -The system has lights that don't work consistently, the circuitry is inadequate, and it generally operates on a prayer and a lot of ingenuity on the part of John Thomas, our very able theater tech instructor. He has s -� p had to improvise lighting systems that are necessary ry but weren't e t called for in the original design. There is a sound baffle supporting additional lights above the front of the stage that is on the verge of falling down, but the school system doesn't have a lift tall enough to reach it. And those are just the major problems! This building is a County asset that requires proper maintenence for it to continue to work well. Many non - school community groups use the building at! rate of 1 1/2 times per month. They pay minimal rent because it is a community building, built with bond funds. The fees collected from them are not used to maintain the building, however. For that reason, we are appealing to you to help us preserve this community asset by supplying funds for replacement items, and maintenance. If you are interested, I have a list of 19 organizations that have used this facility in the last 2 years- -many have used it more than once. They range from non-profit arts organizations such as Touch Mime and Dansync to religious organizations, to professional performers and local dance schools. It is a difficult situation in that three bureaucracies (county, school, town) can claim, or typically not claim ownership and maintenance responsibility. It is time to view what is best for the community and get the job done! I hope you will give serious consideration to our request, in light of the fact many students and citizens are served by this facility. Thank you. Users of the Hanes Performance Center at Chapel Hill High School August, 1989 -May, 1991 Jim Wann, musician The Hinds Society C.G. Jung Society Hilltop Harmonizers The ArtsCenter TOUCH Mime Chapel Hill Ballet Company Perihelion Theatre Dansync Chapel Hill Newspaper's Navy Band Concert Bounds Dance Studio Judea Reform Jewish Federation Church of Jesus Christ Durham Orange Scholarship Association Durham Technical College Pine Knolls Community Center The Spinal Bifida Association MEMORANDUM To: Board of Commissioners and Manager From: Alice Gordon Subject: Orange County BOCC 1991 Goals - My Comments Date: March 20, 1991 The last goal under Vater Resources Development and Protection gives objectives and plans of action related to groundv wer quality and quantity. Beloar I have indicated the portion of the plans of action for that goal vEhich I vrould like to see completed first, probably in May or July 1991. In any proposed text revisions, suggested deletions gill be enclosed in brackets and suggested additions will be in bold face- The page numbers refer to the ones given at the top of the page in our March 20 agenda packet- Water Resources Development and Protection (pages 4 - 7) ' OBJECTIVE 1 -page 6 Collect all available data - -__ - -- required to begin the process for making assessments of existing groundwater resource quality, quantity, availability, and vulnerability to resource depletion and degradation by vay of existing and future land use scenarios. Plan of Action A _ Using USGS maps, along with any other appropriate sources, a: nd expertise of County staff, develop generalized hydrogeologic map of County showing the relative capacity of different areas to provide water from wells_ May 1991 OBJECTIVE 2 - page 7 Develop generalized soils mapping with emphasis on suitability for land application vraste treatment systems and obtain from DEM data on remaining stream and surface water v wte loading allocations in order to determine the relative capacity of different areas to support service by onsite waste treatment systems. Plan of Action A. Using SCS soil mapping of the County and expertise of staff` soil scientists, 'develop generalized map of County indicating broad areas of soil types and depths suitable for land application waste treatment. May 1991 TO WHOM IT MAY CONCERN: This is to certify that on Marrh 20. 1991 the (date of approval) Orange County Board of Commissioners approved a permit for a fireworks display at to be held at (event name) SMITH rENTER! EUC CAM US on Marc13 go. 1qQ1 . (location of event) (date of event) The approval is made based on the following assurances from the requestor: ...Police, Fire and Emergency Medical personnel will be on site during the event to ensure public safety and to provide appropriate traffic control; ...Liability insurances have been provided with limits suitable to Orange County. ...Orange County has been included as "additional insured" on liability insurance policy /policies associated with this event. ...Site inspection was made and approval given by Chapel Hill Fire Department officials and Orange County' Emergency Management Director. Moses Carey Jr. Chair to the Boards I SOW vowun'a.r n r. A PART OF ACTICIN TERRI K. TYSON DIRECTOR KATHY MANGUM ASSISTANT DIRECTOR March 21, 1991 Mr. Robert Winston ACTION Federal Bldg. -P.O. Century Station 300 Fayetteville St. Mall Rm. 131 Raleigh, NC 27601 Dear Mr. Winston: 410 CALDWELL STREET CHAPEL HILL. NC 27516 TELEPHONE: 968 -6060 HILLSBOROUGH: 732 -8181 (EXT. 2000) FAX: 1 -919- 932 -5049 Enclosed is an application for augmentation funds to the ACTION grant for the Orange County RSVP. We are applying for a grant to initiate a program of national significance. This is a literacy program of senior citizens who read to at -risk children at day mare renters and pre - schools and tutor English "as a second language (ESL) to immigrant families. I look forward to hearing from ACTION regarding this applica- tion. Thank vou. Sincerely, Terri K. Tyson Director, Orange County RSVP A DIVISION OF THE ORANGE COUNTY DEPARTMENT ON AGING INEArd FEDERAL ASS 1. TYPE a. NUMBER OF. ❑ NOTICE OF INTENT SUBMISSION (OPTIONAL) Woo* n° to PREAPPLICATION CATION I&VAPPLICATION CE 2. APPLI- CANT'S a. NUMBER ATE a. NUMBER APPLI- NONE APPLI. CATION Orange County, North Caroltna CATION _ IDENTI. IDENTI- FIER PIER DATE FIER b. DATE b. PROJECT Year raaarA day NOM TO BE AMICNED ASSIGNED e 19 91- r03 -25 aysTATE MULTIPLE ❑ Low SIae4 19 raw W.Wh dry. Enter oppropriote letter 11. TYPE OF ASSISTANCE A -araie Crent D-Iaeunnaa B- suyplenrnwl Crnn& F Othw C -L.. Earrr opp epna.• brawn, 14. TYt'E OF APPLICATION A-N. C -R+'zki. E- Auyorentatkm B - Reneral O..C+rurw.ttoa Saar opproprWir Ww 17. TYPE OF CHANGE tpu /ar ar 14e, A- Inaeaae Ibelaea F -01her tSamoW B_De . Dnal C- Lrvtra� Duntwn D -!) sreaae ,=Uw,n, EJ:+.vaedruon f. Total 3 9 995 .00-1 id. DATE DUE TO Yew "°,,, °� FEDERAL AGENCY 19 E "rte °per �iwI�17A_,1 19. FEDERAL AGENCY TO RECEIVE REQUEST pr an brren :r a. ORGANIZATIONAL UNIT (IF APPROPRIATE) b. ADMINISTRATIVE CONTACT (IF KNOWN) 20. EXISTING FEDERAL GRANT IDENT. NO. c.ADURES T1 aa0- x768 /Og 101 Marietta Street, N.W. 21. REMARKS ADDED Atlanta Ga. 30303 11 Yes E_ No 22. To Ne � army krwrled V ^„d belid dots a. YES. THIS NOTICE OF INTENT /PREAPPLICATION /APPLICATION WAS MADE AVAILABLE THE in this prerppliprtwNappric.tiun rye true TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: APPLICANT r^d MTeM the dW ..L has Ittirn duly DATE CERTIFIES •"`I1°r'a''°d py �Q go.erninw poly u( the so. . THAT Y Ph-- and the appliana rdl mmply rich the ut.ahed aa.ura J the Maiara u approved zi TYPED NAME AND TITLE b. NO, PROGRAM IS NOT COVERED BY E.O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ REPRE. Moses Carey, Chair SEN_ TATIVE 24. APPLICA- 6'•iar'ii�j{L c8di Trnry Yw 125. FEDM 3 27. ACTION TAKEN I : a. AWA1tORD 'CrEn C r r c Rt.`i 11RNr u FOIt AMh:NQMENT 114 1 1 d st:YURNEQ POR -�• E.O. 1=n SUBML58ION Zx BY APPUCANTTO O V STATE 1 - . e. DEMLRED U3 • r E WMWIAWN 28. FUNDING n. bVON iTURE IDENT. NO. 125. FEDERAL GRANT Ynr manrk r(ay 29. ACTION DATE!« 19 "LOCAL $ 00 31. CONTACT FOR ADDITIONAL 00 INFORMATION uNna„ and w4pwwr n.a+er., .00 .00 00 f. Total' S •00 13 Year eao^rh darn RTING DATE 19 32. Yea, a A daer ENDING DATE 19 33. REMARKS ADDED ❑ Y. [:] No PAGE 1 Prreetlaalby OM9 Cuew/or A -Oat 4. LEGAL APPLICANT/RECIPIENT -' x 9- AREA OF PROJECT IMPACT ,damn °/: „r+ .*^^ ^nra .r^ra .rei a. Applicant Name ORANGE COUNTY 5. EMPLOYER IDENTIFICATION NUMBER(EIN) Orange County, North Caroltna b. Organization Unit :County Government _ H 12. PROPOSED FUNDING 13. CONGRESSIONAL e. Street/P.O. Box : P.O. Box 8181 a NUMBER b. PROJECT d. City HillsborouglaCotlncy Orange LGRAM 2 . O e f. State . N.C. g. ZIP Code. 27278 MA, MULTIPLE ❑ c h. Contact Person w­, Terri Tyson , RSVP Director b. TITLE 12 u-sh, rrrrydtonrN.r a _ Retired Senior a 7. TITLE OF APPLICANT'S PROJECT (Use section IV of this form to provide a- summary description of the project. orange Volunteer Procrram A. TYPE OF APPLICANTIRECIPIENT W County - Chapel - Hill'Retired A-s"' c-SpedrPlrrp.,,Q;,,,;� Senior Volunteer Program-The project provides B- Inarer3t.ic C,/S. KyA etwnAdeary 1- 1tigher Eduntwni Igatitulww Z� the means by which an ihdividual aged 60 or •.:- /""uwu vaMnrartan o- --anty J-Iadr Tube .a C6 a or older may serve the Community as a voluntee E-cuy mac"" oi..t Enter oppropriote letter 11. TYPE OF ASSISTANCE A -araie Crent D-Iaeunnaa B- suyplenrnwl Crnn& F Othw C -L.. Earrr opp epna.• brawn, 14. TYt'E OF APPLICATION A-N. C -R+'zki. E- Auyorentatkm B - Reneral O..C+rurw.ttoa Saar opproprWir Ww 17. TYPE OF CHANGE tpu /ar ar 14e, A- Inaeaae Ibelaea F -01her tSamoW B_De . Dnal C- Lrvtra� Duntwn D -!) sreaae ,=Uw,n, EJ:+.vaedruon f. Total 3 9 995 .00-1 id. DATE DUE TO Yew "°,,, °� FEDERAL AGENCY 19 E "rte °per �iwI�17A_,1 19. FEDERAL AGENCY TO RECEIVE REQUEST pr an brren :r a. ORGANIZATIONAL UNIT (IF APPROPRIATE) b. ADMINISTRATIVE CONTACT (IF KNOWN) 20. EXISTING FEDERAL GRANT IDENT. NO. c.ADURES T1 aa0- x768 /Og 101 Marietta Street, N.W. 21. REMARKS ADDED Atlanta Ga. 30303 11 Yes E_ No 22. To Ne � army krwrled V ^„d belid dots a. YES. THIS NOTICE OF INTENT /PREAPPLICATION /APPLICATION WAS MADE AVAILABLE THE in this prerppliprtwNappric.tiun rye true TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: APPLICANT r^d MTeM the dW ..L has Ittirn duly DATE CERTIFIES •"`I1°r'a''°d py �Q go.erninw poly u( the so. . THAT Y Ph-- and the appliana rdl mmply rich the ut.ahed aa.ura J the Maiara u approved zi TYPED NAME AND TITLE b. NO, PROGRAM IS NOT COVERED BY E.O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ REPRE. Moses Carey, Chair SEN_ TATIVE 24. APPLICA- 6'•iar'ii�j{L c8di Trnry Yw 125. FEDM 3 27. ACTION TAKEN I : a. AWA1tORD 'CrEn C r r c Rt.`i 11RNr u FOIt AMh:NQMENT 114 1 1 d st:YURNEQ POR -�• E.O. 1=n SUBML58ION Zx BY APPUCANTTO O V STATE 1 - . e. DEMLRED U3 • r E WMWIAWN 28. FUNDING n. bVON iTURE IDENT. NO. 125. FEDERAL GRANT Ynr manrk r(ay 29. ACTION DATE!« 19 "LOCAL $ 00 31. CONTACT FOR ADDITIONAL 00 INFORMATION uNna„ and w4pwwr n.a+er., .00 .00 00 f. Total' S •00 13 Year eao^rh darn RTING DATE 19 32. Yea, a A daer ENDING DATE 19 33. REMARKS ADDED ❑ Y. [:] No PAGE 1 Prreetlaalby OM9 Cuew/or A -Oat -' x 9- AREA OF PROJECT IMPACT ,damn °/: „r+ .*^^ ^nra .r^ra .rei 10. ESTIMATED NO. OF C. Orange County, North Caroltna PERSO48BOENEFITING H 12. PROPOSED FUNDING 13. CONGRESSIONAL DISTRICT OF. a. FEDERAL 9,995 .aD a- APPLICANT b. PROJECT b. APPLICANT .00 Fourth Fourth c. STATE .00 15. PROJECT START 16. PROJECT d. LOCAL 00 DATE r„ ,,. A day DURATION e. OTHER •00 19 9 1 -07 -0 12 u-sh, Enter oppropriote letter 11. TYPE OF ASSISTANCE A -araie Crent D-Iaeunnaa B- suyplenrnwl Crnn& F Othw C -L.. Earrr opp epna.• brawn, 14. TYt'E OF APPLICATION A-N. C -R+'zki. E- Auyorentatkm B - Reneral O..C+rurw.ttoa Saar opproprWir Ww 17. TYPE OF CHANGE tpu /ar ar 14e, A- Inaeaae Ibelaea F -01her tSamoW B_De . Dnal C- Lrvtra� Duntwn D -!) sreaae ,=Uw,n, EJ:+.vaedruon f. Total 3 9 995 .00-1 id. DATE DUE TO Yew "°,,, °� FEDERAL AGENCY 19 E "rte °per �iwI�17A_,1 19. FEDERAL AGENCY TO RECEIVE REQUEST pr an brren :r a. ORGANIZATIONAL UNIT (IF APPROPRIATE) b. ADMINISTRATIVE CONTACT (IF KNOWN) 20. EXISTING FEDERAL GRANT IDENT. NO. c.ADURES T1 aa0- x768 /Og 101 Marietta Street, N.W. 21. REMARKS ADDED Atlanta Ga. 30303 11 Yes E_ No 22. To Ne � army krwrled V ^„d belid dots a. YES. THIS NOTICE OF INTENT /PREAPPLICATION /APPLICATION WAS MADE AVAILABLE THE in this prerppliprtwNappric.tiun rye true TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: APPLICANT r^d MTeM the dW ..L has Ittirn duly DATE CERTIFIES •"`I1°r'a''°d py �Q go.erninw poly u( the so. . THAT Y Ph-- and the appliana rdl mmply rich the ut.ahed aa.ura J the Maiara u approved zi TYPED NAME AND TITLE b. NO, PROGRAM IS NOT COVERED BY E.O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ REPRE. Moses Carey, Chair SEN_ TATIVE 24. APPLICA- 6'•iar'ii�j{L c8di Trnry Yw 125. FEDM 3 27. ACTION TAKEN I : a. AWA1tORD 'CrEn C r r c Rt.`i 11RNr u FOIt AMh:NQMENT 114 1 1 d st:YURNEQ POR -�• E.O. 1=n SUBML58ION Zx BY APPUCANTTO O V STATE 1 - . e. DEMLRED U3 • r E WMWIAWN 28. FUNDING n. bVON iTURE IDENT. NO. 125. FEDERAL GRANT Ynr manrk r(ay 29. ACTION DATE!« 19 "LOCAL $ 00 31. CONTACT FOR ADDITIONAL 00 INFORMATION uNna„ and w4pwwr n.a+er., .00 .00 00 f. Total' S •00 13 Year eao^rh darn RTING DATE 19 32. Yea, a A daer ENDING DATE 19 33. REMARKS ADDED ❑ Y. [:] No PAGE 1 Prreetlaalby OM9 Cuew/or A -Oat NARRAT IFE - RI[M- 7 2 National Sigxt�.f� ae 'ams The Family Literacy Pr2a1_'La_m ,wiLU.➢. lnr►omdde %tr)jjj.W&,ee►r tutors to assist parents and children by erirpha�siximyq ;t4wo "ITT -EaS Yaha d:: 1. 2. Read A Story To A Tot - RASTAT.: (( ?rte- 9 &ihcxoj ma%"E(�fi i ,iitt Tracy Assistance for Children). Because the rate of i l l itex.a:cy z.m► N� � Camr,,ILAX►M (continues to impede social development axrd �. ;otracicc tt'h: s program will address the need for literaccy tj-a�img $,,o.r xzi k„ c$.i.sogra will pre- school children. Senior ca'tnj,zen -j7vajmnt_eexs xi111 �., ,d on a one to one basis to children at se.e:a�1a_exrmo ?ln d:starts, and kindergartens. The aim is to h�e;l_g, tln,e:s� !t,a�g- et�ecd cc',h�l,.d�.�n develop a love for books, as well a.s ].j.s-t;e.min,g zkj?l.l -s4 Li:st:erm.nn oppor- tunities for these children ma,�, be lan -ilki mg Am .tom !home situation. This type of interaction i�c►p��o��_s li.�tre�n :ii.�a,g am.d language development, making entry into) # :'he p b1j .(c ih�av_j s^frtem a more .r Positive and successful experle,�.�e�., Stations: RASTAT, Community S;chQ,0 -1. fair Peec)p a Un de3r 6" Wee -Care, OCIM Day Care, Carrboro Elementary,, C ➢e ,w ,mod Ej,em eau .a.try English as a Second Language --- ESI,w (A;dault amd C%i ld _Literacy Assistance). This program will provide t -ra -fined -t',ra.turs to . �"nt adults and children. In the past few years -the in►a► ►i�r�xt�ant :�:�1..aik:l;orn in Orange County has soared. Since 19310, tlr A;s ]L,a'm �: miat -Tom has increased by 221% to 2,361 people. There ;axe _1,27�9 &3 . living Orange County. Many of these pempl,e have, ,onjy _�r,u*,m►entary English speaking skills. The native .1.angua,ge is probably thereby limiting the child's aba�llty t,a j,,e at home, m]rm Em,g�.l. will be assigned to the pare::mt.:s t_;c t;eaich t Volunteers Eml_i;h� a Second Language ( ESL) and to the pr�es:chao -1 cba dr ,�a t.o j:js,.h as them to the English language through ch:";dr�em:s ,'�, oks ,Amd 'M'mvrersation. In this way, immigrant parents and tb,ea.x ;ch. .l,$ C am � ��e quickly assimilated into the educart c��a1 ,mom{ m0catii:o .l m,a -instream of society. Because there may byre ra ➢,a?k cch�.l� s available in the home, the program wil1.1. pouch&. ,}�c„�ik W&�,cb ter► be rotated on a loan basis to families. Tie L,1nMt,6 -T7 Will add :im reduce the families to the public library aDa .eac,cja,ra., �a.aatia� of library and bookstore resources. Station: *Orange County %jitexzzy `ntxu,ax`c . ➢. Hillsborough offices (Other `slates tiratl�r.xhigroan be community centers, libraries crate chit " "e' janUat_"QM ; lzBd won by the client and the volunteer), *May contribute in -kind req�murrnes ;(k,Y,d Literacy Coordinator, ,n. }) for RSVP FN:RPGRANT\AUGLTNAR.DOC L J BUDGET JUSTIFICATION VOLUNTEER SUPPORT Coordinator: This position will be needed under National Signifi- cance Programs at a rate of $7.00 per hr X 20 hrs /wk X 50 wks = Fringe Benefits: This item includes FICA taxes at 7.65% Communications: Installation of phone Monthly phone charges 42.80 X 12 mos Su lies: Purchase of 10 Children's books @ $11.00 each VOLUNTEER EXPENSES • FEDERAL NATIONAL SIGNIFICANCE $7,000.00 536.00 130.00 514.00 644.00 110.00 Volunteer Travel: The 20 additional vols will travel an average of 30 mi /mo. 20 vols X 30 mi X 12 mo X $.225 = 1,620.00 Volunteer Insurance: Liability Insurance - 20 vols X S.40 Excess Auto Liability - 20 vols X $2.75 Accident - 20 vols X $1.10 Rr% nn TOTAL INCREASE: $9,995.00 I certify that the above requested grant augmentation will be used to increase the total number of volunteers by 22 in programs of national significance and funds will be used to supplement - not supplant - the number of new volunteers. Irf RE&WR 0 0 t- � c � $ a]E k =a 2 22\ \ §� � [2� <�} � � _ _ _ � . ■ � w � § d \\ \ 2© U B U 838 co R � £ � _ § ■ . I ■ o , � t « ®_ z § > co J= w ® 2[ \ ./ 7 k 8 J § RiRiR�2� ro _ � / � \w =_� c%,4 yno k |e k k = m,�,�, 1 ° m,�Ir -_1 � �� 7���77 0 0 0 0 2- A � ] / m _ ƒ - � 2 _ \ 46 « � } \$ CL; Z rn CL 2 J ] co < 14 ■ � o x 2 ? k q 2 G t; % a , to �10 F � - � Q a 7 0 « Z 7 3 R % N14 £ 2 9 2 _ _ ^ as 01) 2k w7 Q § � � } ° ■ . • a CA a • . © $ © e to 3 } \ § 7 } c 8 be \ / } k k § — tz n W 0 ¢ �. 0 0 0 0 MEMORANDUM OF UNDERSTANDING Between Orange County - Chapel Hill RSVP 410 Caldwell Street Chapel Hill, N.C. 27514 Phone: 942 -7248 an Volunteer Station all f � ��STY►l Address 45^ Telephone No. It is agreed that the Basic Provisions will guide our working relation- ship and that the Memorandum of Understanding may be amended, in writing, at any time with the agreement of both agencies. reviewed annually to permit needed changes. It will be BASIC PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING A. The Retired Senior Volunteer Pro ram will: 1. Recruit, interview, and enroll RSVP volunteers. 2. Provide Orientation to the volunteer station staff prior to the placement of volunteers, and at other times, as the need arises. 3. Refer volunteers to the volunteer station for assignments, and review the acceptability of volunteer assignments. 4. Furnish accident, personal liability, and excess automobile liability insurance coverages as required by program policy. 5. In cooperation with the RSVP Advisory Council, arrange for an appeals procedure to address problems arising between the volunteer, the volunteer station, and /o{ RSVP. 6. Reimburse Senior Volunteers directly for transportation costs in accordance with RSVP policies or arrange with the volunteer station for the transportation of volunteers to and from their assignments. 7. Arrange with the volunteer station for meals, when possible, for volunteers on assignments. 8. Periodically discuss and /or assess the needs of the volunteers and the volunteer station. B. The Volunteer Station will: 1. Make the final decision on the assignment of volunteers. 0 9 0 1 0 ADDITIONAL INFORMATION OR ARRANGEMENTS FOR COOPERATION BETWEEN RSVP AND THE ORGANIZATION: The volunteer station representative who will serve as liaison with RSVP and who W'11 The responsih+,R for volunteer orientation and super- vision is PURPOSE OF THE ORGANIZATION / 1 e rp ✓ G ✓o rr7 �� �' iN v 7 ' 2 i �e a� - p , I G�o -p t7.ti �11y �J i cleo_kk , � cc 6 r t7 k. VOLUNTEER TRAINING PRgVI ED 57i-015 7' cr�' � � ' a � �'' 6 ,y DESG IP'!'IdN� O V LUN EEC ASSIGNMENTS HOURS DAYS e u, C 1--`1 e l `a -- c c� e-, c L •5 / �(1 �`,5 dn�� VOLUNTEER SKILLS REQUESTED /NUMBER OF VOLUNT ERS NEEDED �� �%� � 1� �P� S Q � C�� i � � rt✓��i r � 6 �lii i !'1 - CL -�`�� I t�t�1c' �tc� ADDI IONAL C 1NTS a p r Vi ng availab e Signature for P Volunteer Stationy Title Telephone y VVVVVV� Date ((p Arci _ - date �y Signature r RSVP -ire or 0 0 MEMORANDUM OF UNDERSTANDING Between Orange County -- Chapel Hill RSVP 410 Caldwell Street Chapel Hill, N.C. 27516 Phone: 942 -7248 � and Volunteer Station r Address / �da �e C✓. �'��� �' Telephone No. Q It is agreed that the Basic Provisions will guide our working relation- ship and that the Memorandum of understanding may be amended, in writing, at any time with the agreement of both agencies. It will be reviewed annually to permit needed changes. BASIC PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING A. The Retired Senior Volunteer Pro ram will: 1. Recruit, interview, and enroll RSVP volunteers. 2- Provide orientation to the volunteer station staff prior to the placement of volunteers, and at other times, as the need arises. 3- Refer volunteers to the volunteer station for assignments, and review the acceptability of volunteer assignments. 4. Furnish accident, personal liability, and excess automobile liability insurance coverages as required by program policy. 5. In cooperation with the RSVP Advisory Council, arrange for an appeals procedure to address problems arising between the volunteer, the volunteer station, and /or RSVP. 6. Reimburse Senior Volunteers directly for transportation costs in accordance with RSVP policies or arrange with the volunteer station for the transportation of volunteers to and from their assignments. 7. Arrange with the volunteer station for meals, when Possible,-for volunteers on assignments. 8. Periodically discuss and /or assess the needs of the volunteers and the volunteer station. B• The Volunteer Station Will 1- Make the final decision on the assignment of volunteers. 9 0 2- Implement orientation, in- service instruction or special training of the volunteers. 3- When possible, furnish volunteers with any materials or transportation required to carry out the assignments. 4. Provide for the adequate safety of the volunteers. 5. Investigate and report accidents and injuries involving volunteers to RSVP. 6- Collect and sign appropriate volunteer reports and submit them to RSVP. 7. Provide supervision to the volunteers on assignments. 8. Not request nor assign Senior Volunteers for religious, sectarian or political activity or instruction. 9. Not assign volunteers to any task which would displace employed workers or impair existing contracts for services. 10. Prohibit discrimination by actively complying with provisions of Title VI of the Civil Rights Act of 1964. C. Separating from Volunteer Service The volunteer station may request the removal of a senior volunteer at any time. The RSVP volunteer may withdraw from service at the volunteer station or from the Retired Senior Volunteer Program at any time. When needed, discussion of individual separations will occur between RSVP staff, the volunteer station and the volunteer- to clarify the reasons, resolve conflicts, or take remedial action, including placement with another volunteer station. ADDITIONAL INFORMATION OR ARRANGEMENTS FOR COOPERATION BETWEEN RSVP AND THE ORGANIZATION: The volunteer station representative who will serve as liaison with RSVP and who will be responsible for volunteer orientation and super- vision is PURPOSE OF THE ORGANIZATION VOLUNTEER TRAINING PROVIDED DESCRIPTION OF VOLUNTEER ASSIGNMENTS HOURS /DAYS VOLUNTEER SKILLS REQUESTED /NUMBER OF VOLUNTEERS NEEDED ADDITIONAL COMMENTS (eg., parking available) Signature for Volunteer Station Telephone � -i Signature RSVP Director b] d &1',� TitlE� Date i-2 -90 Date �p 0 0 0 R EAF'F jRf AM 73j#'J7 qQF.' FEMORA' GW13E CCUKiy _ CHAPEL HILL Fc TUMMM �tnrd Volunteer station: CCMMUNITf S:j _pUCR:�LE� yjMM We would like to reconfirm that we d":s1r� teen Station, as detail in its be an REWP Volun -- signed on September 23, 16 a 6 (of on,&. ing Are there any changes from the Origilua� ����� Please specify.) (If 3,0, Do you have any new requests for vOlunteers7 specify the job description a,d nunumber e of vaalumsIf 3, ..) (I� ��. Tease Comments: Supervisor's Si g n a t u r /T i �1. f r O)AtUjj fa m. ,St zt, X71 Volunteer Station Address RSVP Director's Sign tore 2 MMIte IY�t� • i • • R FAFF Irj.r,aTY(M Te, MEMOMUM Cr 147 ) betty CP. UE COUMy - CHAPEL HILL REgMM _9MUM WUMMMM PRMMUq amdl Volunteer Station: ORANGE COUM 2; T We would like to reconfirm that we aes3x,e to be am " ,Vv1un -- teer Station, as detailed in the �osr cl,ccan Mende !rpq signed on January 13, 1986 Are there any changes from the original �`9jr -L- ��� please specify.) S_O" P6 Do you have any new requests for Volunteers? specify the job description and number .Of VOl itex:,s' j�gease Comments: EN Supervisor's Signature/Title Um Volunteer Station Address RSVP Director's Sign tune Stt -a t REAFF MIATION OF MUACMVM OF Utt)ERSIA101rr, between C ANGE CUUM - CHAPEL HILL RETIRED SENIOR VOLUNTEER PRCGf2AM and Volunteer station: GLENWUOD ELZqap Ry SCHOOL we would like to reconfirm that we desire to be an RSVP Volun- teer Station, as.detailed in the Memorandum of Understanding signed on November 17, 1973 Are there any changes from the original agreement? (If so, Please specify.) Do you have any new requests for volunteers? (If so, Please specify the job description and number of volunteers,) �� /� �° �`-'� �-�' -ems (� /�►�< --�.� - �2.t.� rV Comments: Supervisor's Signa ure/Title for Volunteer Station Address RSVP Director's Signat re L, oiunteer Station �4el / 9d Da (-,g >L 7,? Phone �S !o Da e • s • 1] REAFFIRMATION OF MEMOM1DU•1 OF La1DERS- MfU)IU3 between CRAME COLIMY - CHAPEL HILL RETIRID SENIOR VOLUNTEER PROGRAM and Volunteer Station: OCIM Child Care Center We would like to reconfirm that we desire to be an RSVP Volun- teer Station, as detailed in the Memorandum of signed on Understanding Are there any changes from the original agreement? (If so, please specify.) Do you have any new requests for volunteers? (If so, please specify the job description and number of volunteers.) Comments: Supervisor's Signature /Title for Volunteer Station /��! � Date Volunteer Station/ AdA L l L 4x RSVP Director's Signa ure Phone a" /,5 Date 6 0 R EUT I t• MOU OF MEI',M DU" OF UND RS77- UlDIM, between CRANE; COUNIy - CHAPEL HILL RETIRED SENIOR VOLUNTEER PROGRM and Volunteer Station: C=APR90pO EL?'r11'PImA7Y SCHOnL We would like to reconfirm that we desire to be an RSVP Volun- teer Station, as detailed in the Memorandum of Understanding signed on PTovember 7, 1973 Are there any changes from the original agreement? (If so, Please specify.) Do you have any new requests for volunteers? (If so specify the job description and number of volunteers., ) Please Comments: Suer'v,,3�s6rs Signature /Ti le�- for Volunteer Station Address RSVP Director's Si nature olunteer Station ate i 'he /,;5 76 ate T. FEDERAL ASSISTANCE 1, TYPE O NOTICE OF INTENT SUBMISSION (OPTIONAL) 1'wa * G PREAPPLICATION a.. WAPPLICATION 2. A ?PLI- a- NUMBER 3. STATE a. NUbI?E.? CANT'S APPLI- APPLI. NCNE CATION ID TNTI• IDE +`!TI- FIER b. DATE b. DATE FTER A "'c ro ar ASSIGNED ASSIGNED 1991-03-25 HY STAT'E L. - Bra..i 19 r~ ."4 J.y 4. LEGAL APPLICANTIRECIPIENT 5. EMPLOYER IDENTIFICATION NUMHER(EIN) a. Applicant Name ORANGE COUNTY qA -6 1 ? 6. � NUMBER b. Organization Unit County Government c. Street/P.O. Sox P : 0 . $ o X 8181 GRAbt PRO- ( 1/2 t - I d O ti I l d. City Hillsborough- Ca -nty Orange .00 REPRE- f. State N.C. g. ZIP Code. 2 7 2 7 8 rF. CrnAr ?dTJLTIPL : O b. TITLE Retired Senior s h- Contact Person (N.- Terri Tyson, RSVP Director TrrernaneNnr / p I o OF _ Volunteer Pr oCram 7. TITLE OF APPLICANT'S PROJECT (Use section IV, of this form to provide a. summary 8. TYPE OF APPLICANT /RECIPIENT G description of the project. orange County-Chapel 'Hill-Retired A .� C�.I pun- Oirvla B -I, rmaw H-Zan ,,,�yAO� A.1­7 Senior Volunteer Program-The project provides c-'"'"` "" '-'L�'"' """""n"""'""' the means by which an individual aged 60 or •. :. 0--C---y �aa K orIsp� v t or older may serve the community as a voluntee E-C:h r�hw0i "n t ti p h c t Enter appropriate letter 9. AREA OF PROJECT lbu'ACT )Name. a/.inm r oA 10. ESTI\2ATED NO. OF 11. TYPE OF ASSISTANCE z a. PERSONS BENEFITING A -s..K Cmnt 0--;__ Orange County, North Carol 480 B- SuypwnanWl(1r.N E- 07th, :a C -Lars E....r pacr..w,.,r ' 12- PROPOSED FUNDING 113. CONGRESSIONAL DISTRICT OF: 114. TYPE OF APPLICATION A.. Vow c a.+ A a. FEDERAL 15 .00 b. APPLICANT I DO c. STATE I .00 d. LOCAL I .00 e. OTHER I .00 f. Total Is .00 a_ APPLICANT b. PROJEC: Fourth I Fourth 15. PROJECT START 116. PROJECT DATE YOar man,, ear I DURATION 19 9 1­07-011 12 Nrnr6. La. 1JA1 `. 1)U1:: -1U Y.- 0_"' Jp, FEDERAL AGENCY Y 190 1 -0 Lnr.r aop.ovpar. 4r.,. rE l 17. TYPE OF CHANGE tier r-rra, un A -Inems Doilan F -01h.r JSPn& O-- Deer...., LMll- c -I..r Opr.upn E- GK.d.uon Snar aop•a. TEE - .1 I x+arr Lrr.n u 19. FEDERAL AGENCY TO RECEIVE REQUEST 120. EXISTING FEDERAL a. ORGANIZATIONAL UNIT (IF APPROPRIATE) b. ADMINISTRATIVE CONTACT (IF KNOWN) I GRANT MINT. NO. ar- i = Tyr 440- 4768/09 c. �uuttr.:a 21. REMARKS ADDED 101 Marietta Street, N.W. Yes CLNo Atlanta, Ga. 30303 22 :'au.. �xw mykwW,e.nd beii.a. d.� I a- YES. THIS NOTICZ OF INTENTlPREAPPLICATION /APPLICATION WAS `LADE AVAILABLE P THE in Ih4 pr..ppiipupn.pptcaiwn are tr„r TO THE SPATE EXECUTIVE ORDER 12372 PROCESS FOR REVIZW ON: v APPLICANT - a-ft - ww dar"m.nt hr. he.n duly DATE -- . C CERTIFIES r "-'-by cnr r.r,,,nrn dy.: th..p THAT a vl;a.n..,,d �x .ppiiont ­11 tn..uACrtid .+wnnm J 1h. y .PPro•ed. ! ^3 . TYPED NAME AND TITTLE 2 CERTIFYING REPRE- Moses Carev, La ( SENTATIVE 24, APPLICA. .an,A b -A day " a� Yrar Ja, 27. ACT ION TAKEN AWAROFO ' ' c H }TURNkO FOR �J AMh:NOMe NT s 1 I d. ILY.- rUHNCO FOR =� E.4. 1XM SURMtMION ^' BY APpucANr zz O �+ STATE tfIy DEF•ERRE13 I • , L W177it)RAWH yr I b. N0. PROGRAM IS NOT COVERED BY E.O. 12372 ❑ ' OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ I b. SIGN,47 JRE Chair =5. F 29. FUNDING a. FEDERAL I S b. APPLICAN -q 717T-ATE I d. LOCAL e. OTHER f. Total S PPUCA,I_IN IDENT. NO. 26. FEDERAL GRANT IDENTIF .TI Yrar man,,. Jar 30. Yw .....A d. 129. ACTION DATErr 19 D T TI 19 �,DO 131. CONTACT FOR ADDITIONAL 32. rr.. �wrA Jar W I INFOfL ATION rv. ,r aAr ur p.... n...a.n ENDING ---� DATE 19 070 133. REMARKS ADDED q00 Yea Yo PAGE I Pre -,-.r by OUS 0rr.:.r A.IGS T E A �11 u R 1 C A N I T U T E AIA Document A101 yrA 9.:,, .- i I T E C T S Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM _ 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. DO not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twentieth (20th) ...... day of March ............... in the year of Nineteen Hundred and Ninety One (19 91) . BETWEEN the Owner: County of Orange (Name and address) P.O. Box 8181 Hillsborough, NC 27278 and the Contractor: Trout & Riggs Construction Co., Inc. (Nance and arldress) P.O. BOX 15160 Durham, NC 27704 The Project is: Orange County 911 Center Expansion (,triune and location) SR 1732, New Hope Church Road Orange County, NC The Architect is: George M. Smart Architects, Inc. (Name rind address) 113 N. Boylan Ave. Raleigh, NC 27603 The Owner and Contractor agree as set forth below. (:.)pgri9l1( 1915, 191$- 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi. tects• I?35 New York Avcnuc, N - %N'_, Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisipt; ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents Listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (insert the date of comunerrcemtent, if it differs frown The dare of Ibis Agreement or, if applicable, state tbal the dale will be fixed in a notice io proceed) The date of commencement of work will be established at a later date with a Notice to Proceed.issued by the Owner. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar dale or m mrber of calenelar clays after rbe elate of canrnrewrcemrenr. Also insert any rrguiren:ents jar earlier Substarrtiai Completion ofcer- rain portions OJ the trrw* if not st«red clseu'bere to the Contract Documents -) 225 Calendar days after the date of commencement established in the Notice to Proceed. Refer to Addendum No. 1, Project Manual, for phased work sequence. — "� "' --- , subject to adjustments of this Contract Tine as provided in the Contract Documents. (Insert provistons. tJ « ), fur lhlrrtdatcr! deonagec rcN«ting to frrilur-c to Complete on linre.f Contractor shall be assessed $100.00 per calendar day for liquidated damages for failure to complete the project on time . AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH iiDITION • A10 • ©1987 i THE AMERICAN iNsT11'I I'rr OF ARC111TEC;'rS, 1'55 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20 06 A101 -1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of two hundred seventy six thousand seven hundred ................... Dollars (S 2 700.00 b6 . ....................... ), subject to additions and deductions as provided in the Con. tract ocrument. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates_ if decisions on otber alternates are to be made by the Owner subsequent to the execution of ibis Agreement, attach a schedule of sucb other alternates showing the amount for eacb and the date until wbicb that amount is valid.) Alternate No. A -1: Install 2" asphalt concrete on driveways & parking areas over 8 "' stone base. Stone Base is Base Bid. Alternate No. A--2: Install folding partitions in Meeting Room 101 as specified in Section 10655. 4.3 Unit prices, if any, are as follows: Trenching in rock ............ ...................$1.25.00 /cu. yd. Rock excavation ............. ....................$.50.00 /cu. yd. Unsatisfactory soil excavation /backfill ......... $ 14.00 /cu. yd. Concrete footings ........... ....................$100.00 /cu. yd. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAO • ©1987 THr: AM1iKICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N_W., WASHINGTON. D.C. 20006 A101 -1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of [he. Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents, 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: The Progress Payment Date shall be the 25th of each month. 5.3 Provided an Application for Payment is received by the Architect not later than the f 1 r s t ....... . the • • - day of a month, the Owner shall make payment to the Contractor not later than fifteenth ............. •day of the same ... month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than forty five ... . ......... days after the Architect receives [he Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 'rake that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten........... (..... 10 ... %), Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute meay be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably .stored off the site at a location agreed upon in writing), less retainage of ten ........... percent(... .. 10 ... %); ....................... . 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions, 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total pa merits to one hundred Sum, less such amounts as the Architect shall •determine for incomplete• Work and unsettled -Clai Claims; and - °�O) of the Contract 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (if it is intended, prior to Substantial Gbnepietion of the entire {Mork, to reduce or limit the retainage resulting frtnn The percentages inserted In Subpara- grapbs 5.6. / and 5.6.1 above, and this is not explained elseu-bere in the Contract Documents, insert bere provisions for sttcb reduction or limitatio)i.) AIA DOCUMENT A101 - OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAa • Q1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A101-1987 4 ARTICLE 6 FINAL, PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2,2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate Far Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, Elie ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at Elie rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (bcsert rate of interest agreed upon, if any.) (Usury laces and requirements tinder the Federal Trcttb Lt Lending Act, similar slate and local consrrncer credit farts acrd other reputations at the Ort•ner's curd Cattractor's principal places of business, the location of the Project and elseu -here may affect the validity of this prot Trion. Lega! rrdrice should be ubfuinc d critb respect to deletions or nnodifications, and also regarding regtiirentents sucb as ceritten disclosures or rrairer•s,) 7.3 Other provisions. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 Of the Goner ;tl Condition 8.2 The Work may be suspended by [he Owner as provided in Article 14 of the Gener;ll Concitions. S. AIA DOCUMENT A701 • OWNER- CONTRACTOR AGREEMENT •TWELFTH EDITION • AIA'e (cj19K� THE AMERICAN INSl ITUTE OFARCN►TECTS, 1 ?i5 NEW YORK AVENUE, N.W., WA51iINGTON, D.C. 2 11 A101 -1987 5 ARTS ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, ALA Document A201, 1987 Edition, 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated . January 28, 1991••••••••••.•••, and are as follows: '••••• Document Title RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR pages PARTICIPATION IN ORANGE COUNTY CONSTRUCTION CONTRACTS...1 APPENDIX A — -2 RESOLUTION TO ESTABLISH A VERIFIABLE PERCENTAGE GOAL FOR PARTICIPATION BY MINORITY BUSINESSES IN :THE AWARDING OF BUILDING CONSTRUCTION CONTRACTS AWARDED PURSUANT TO N.C.G.S. 143-128 ........ APPENDIX B — ORANGE COUNTY MINORITY BUSINESS PARTI— PATION PLAN....... 1 -4 . APPENDIX C — MBE CONSTRUCTION . CONTRACTS PROVISIONS ...... APPENDIX D — MBE UTILIZATION COMMITMENT 1 -3 .................I APPENDIX E — LETTER OF INTENT TO PERFORM AS A SUB- CONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES...... ORANGE COUNTY MINORITY VENDORS LIST............ •1 SUPPLEMENTARY GENERAL CONDITIONS...... •' ••••1-10 9.1.4 .The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (" "ber l/sl the SPecificalinns here or refer to all erbibil atlacbed to Ibis Agreententj Section Title Pages See "Attachment A% AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 6 9.1.5 The Drawings are as follows, and are dated 2 8 January 19 91 ... unless a different date is shown below: (Ettber list the Drawings here or refer to an exhibit Number atracbed to this Agreement.) • Title Date C- 1 .......... Cover Sheet 28 A- 1 .......... Sit e Plan and Site Details January 1991 of A- 2...... Foundation Plan, Floor and Roof Framing Plan of A- 3 .......... Basement Plan, Room Finish Schedule, and Door Schedule A- 4 .......... First Floor Plan and Interior.Elevations A -5 .......... Reflected Ceiling Plans and Exterior Elevations A- 6 .......... Building Section and Miscellaneous Details. „ " A-7 .......... Building Section and Miscellaneous Details " P- 1 .......... Demolition Plans - Plumbing P -2 .......... First Floor Plan -- Plumbing, Riser Diagrams Fixture Schedules P-3 .......... Basement Floor Plan - Plumbing M- 1 .......... Demolition Plans - Mechanical M- 2 .......... First Floor Plan -- Mechanical M-- 7 .......... Basement Plan - Mechanical and Equipment Schedule „ E- 1.......... Demolition Plans -- Lighting E-2 .......... Demolition Plans -- Power. .E- 3 .......... First Floor Plan -- Lighting and Fixture Schedule „ E- 4 .......... Basement Plan - Lighting E- 5 .......... First Floor Plan - Power and Panel Schedules „ E- 6 .......... Basement Floor Plan - Power and Riser Diagram „ 9.1.6 The Addenda, if any, are as follows: Number Date Pages 1 February 13, 19,91 6 Portions of Addenda relating to binding rcduircrncnts are not part Of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELF rH EDITION • AIA® . 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 11-35 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 , A101 -1987 7 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List bore (tit), additional documents wbic -b are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements sucb tts ndrrrtisement Or invitation to bid, htstruCNOtts to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in tills Agrettnent. 775ey should be listed here only if intended to be Part of the Contract Documents.) ADVERTISEMENT FOR BIDS NOTICE TO BIDDERS NOTICE TO PROCEED Fj This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OW (S'igttttttlrc) Moses Carey, Jr. Chairman, Board of C (Printer[ +tame Mid title) CONTRACTOR Trout & Riggs'.CoastruCt:ion Co., Inc. ssioners George M. Trout , President (Printed name and irtle) AIA DOCUMENT A101 • OWNER•CON'I"RAGrOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AM11RICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N_W., WASHINGTON, D.C. 20006 A101 -1987 8 t ATTACHMENT A Page one of Attachment A SECTION 01010 - SUMMARY OF THE WORK 1 -2 SECTION 01020 - ALLOWANCES 1 SECTION 01026 - UNIT PRICES 1 SECTION 01027 - APPLICATIONS FOR PAYMENT 1 -3 SECTION 01030 - ALTERNATES 1 SECTION 01040 - PROJECT COORDINATION SECTION 01045 - CUTTING AND PATCHING 1--3 SECTION 01200 - PROJECT MEETINGS 1 -2 SECTION 01300 - SUBMITTALS 1 -5 SECTION 01400 - QUALITY CONTROL SERVICES 1 -3 SECTION 01500 - TEMPORARY FACILITIES 1 -4 SECTION 01500 -A--1 PROJECT SIGN DETAIL 7_ SECTION 01700 - PROJECT CLOSEOUT 1 -4 SECTION 01740 - WARRANTIES AND BONDS 1 -2 SECTION 02070 - SELECTIVE DEMOLITION 1 -4 SECTION 02110 - SITE CLEARING 1 SECTION 02200 - EARTHWORK 1 -5 SECTION 02210 - SEDIMENT CONTROL 1 -2 SECTION 02282 - TERMITE CONTROL 1 -2 SECTION 02513 -- ASPHALT CONCRETE PAVING 1--2 SECTION 02514 - PORTLAND CEMENT CONCRETE PAVING 1 -4 SECTION 02710 - FOUNDATION DRAINAGE 1 -3 SECTION 02900 - LANDSCAPE WORK 1 -3 SECTION 03310 - CONCRETE 1 -4 SECTION 04200 - UNIT MASONRY 1 -3 SECTION 04320 - REINFORCED UNIT MASONRY 1 SECTION 05210 - STEEL JOISTS, JOIST GIRDERS 1 SECTION 05300 - METAL DECKING 1 -2 SECTION 06100 - ROUGH CARPENTRY 1 -3 SECTION 06192 - PREFABRICATED WOOD TRUSSES 1 -2 SECTION 06200 - FINISH CARPENTRY 1 -2 SECTION 07110 -- SHEET MEMBRANE WATERPROOFING 1 -3 SECTION 07200 - INSULATION 1 SECTION 07311 - ASPHALT SHINGLES 1 -2 SECTION 07460 - SIDING 1 SECTION 07600 - FLASHING AND SHEET METAL 1 SECTION 07900 - JOINT SEALERS 1 -2 SECTION 08110 - STEEL DOORS AND FRAMES 1 -2 SECTION 08211 - FLUSH WOOD DOORS 1--2 SECTION 08520 - ALUMINUM WINDOWS 1 -3 SECTION 08710 -- FINISH HARDWARE 1 -3 SECTION 08800 - GLASS AND GLAZING 1 -2 SECTION 09250 - GYPSUM DRYWALL 1 -3 SECTION 09511 - ACOUSTICAL PANEL CEILINGS 1 -3 SECTION 09521 - ACOUSTICAL WALL PANELS 1 -2 . Page two of Attachment A SECTION 09650 - RESILIENT FLOORING 1 -2 SECTION 09680 - CARPETING 1 -3 SECTION 09900 - PAINTING 1 -8 SECTION 09950 - WALL COVERINGS 1 -2 SECTION 10160 - TOILET PARTITIONS 1 -2 SECTION 10270 - ACCESS FLOORING 1 -4 SECTION 10522 - FIRE EXTINGUISHERS, CABINETS, AND ACCESSORIES 1 -3 SECTION 10655 -- ACCORDION FOLDING PARTITIONS (Alt. A -2) 1 -2 SECTION 10800 - TOILET AND BATH ACCESSORIES 1 -3 SECTION 11450 - RESIDENTIAL EQUIPMENT 1 -3 SECTION 12390 - KITCHEN CABINETS 1 -2 SECTION 12500 - WINDOW TREATMENT 1 -2 SECTION 15010 -- GENERAL CONDITIONS OF THE CONTRACT 1 -4 SECTION 15051 - PLUMBING /MECHANICAL RELATED WORK 1 -17 SECTION 15060 - PIPE AND PIPE FITTINGS 1--7 SECTION 15100 - VALVES 1--5 SECTION 15120 - PIPING SPECIALTIES 1 -5 SECTION 15140 -- SUPPORTS AND ANCHORS 1 -7 SECTION 15250 - MECHANICAL INSULATION 1 -8 SECTION 15401 -- DOMESTIC WATER PIPING SYSTEMS 1 -5 .SECTION 15405 - SOIL AND WASTE PIPING SYSTEMS 1 -6 SECTION 15440 - PLUMBING FIXTURES 1 -6 SECTION 15488 - FUEL GAS SYSTEMS 1 -6 SECTION 15520 - AIR COOLED CONDENSING UNITS 1 -2 SECTION 15540 - GAS FURNACES 1 -2 SECTION 15630 - AIR FILTERS, DISPOSABLE 1 SECTION 15800 - AIR DISTRIBUTION SYSTEM 1 -4 SECTION 15830 - FIRE AND SMOKE DAMPERS 1 -2 SECTION 15880 - TOILET EXHAUST FANS - CEILING MOUNTED 1 SECTION 15920 - HVAC CONTROLS SECTION 15980 - TESTING, ADJUSTING, AND BALANCING 1 -2 1 -4 SECTION 16010 - GENERAL CONDITIONS OF THE ELECTRICAL CONTRACT 1 -5 SECTION 16050 -- BASIC ELECTRICAL MATERIALS AND METHODS 1 -10 14 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Trout & Riggs Construction Co., Inc. (Here insert full name and address or legal title of Contractor) P. 0. Box 15160, Durham, N. C. 27704 as Principal, hereinafter called Contractor, and, Cincinnati, Ohio Great American Insurance Company (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto County of Orange (Here insert full name and address or legal title of Owner) P. 0. Box 8181, Hillsborough, N. C. 27278 as Obligee, hereinafter called Owner, in the amount of Two Hundred Seventy Six Thousand, Seven Hundred and no/ 100----------- ------- ------- - - - - -- Dollars ($ 276,700.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated March 20, 19 91 , entered into a contract with Owner for (Here insert full name, address and description of project) Orange County 911 Center Expansion SR 1732, New Hope Church Road, Orange County, N.C. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) George M. Smart Architects, Inc. 113 N. Boylan Avenue Raleigh, N.C. 27603 which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFOR.Nt.ANCE BOND AND LABOR AND MATFRIAL PAYMENT BOND • AIA 8 .� FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 i PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 20th. L--� g.-L, e - (Witnesc) day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. March, ig 91 Trout & Riggs Construction Co., Inc. Pnncipal) ISeall r (Title) Great American Insurance Company (Seat). CON TElftft ter J. Snrder Irian) attorney -inaC Licensed R&siddht Agent AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 rEBRUARY 1g70 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Trout & Riggs Construction Co., Inc. (Here insert full name and address or legal title of Contractor) P. 0. Box 15160, Durham, N.C. 27704 as Principal, hereinafter called Principal, and, Great American Insurance Company (Here insert full name and address or legal title of Surely) Cincinnati, Ohio as Surety, hereinafter called Surety, are held and firmly bound unto County of Orange (Here insert full name and address or legal title of Owner) P. 0. Box 8181, Hillsborough, N.C. 27278 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the Two Hundred Seventy Six Thousand, Seven Hundred amount of and no/ 100-- ------------------- - - - -- -- -- 276,700.00 (Here insert a sum equal to at least one -half of the contract price) Dollars ls for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated March 20, 19 91 , entered into a contract with Owner for (Here insert full name, address and description of project) Orange County 911 Center Expansion SR 1732, New Hope Church Road, Orange County, N.C. in accordance with Drawings and Specifications prepared by George M. Smart Architects, Inc. (Here insert full name and address or legal title of Architect) 113 N.Boylan Avenue Raleigh, N.C. 27603 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCE. BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A 8 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBHCATION Is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. I No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this 20th. (Witness) accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer, b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond.- day of March, Tg 91= Trout & Ri_g9s Construction Co., Inc. (Principal) (seal) 1 Great American Insurance Company (Surely) r IScaIF lter J. Sni er (Tito') Attorney- in�fac AIA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O FEBRUARY 1990 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y- AVE., N.W., WASHINGTON, D. C. 20000 4 s • 0 . GZW &-1MMCM INSURMCE CAMPAN- Y The number of persons authorized by this power of attorney is not more than No. 0 EIGHT 14798 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power COLLIER COBB, III DAVID M. SPENCER ALL OF ALL JACK C. SMITH, JR. R.E.L. BARNES CHAPEL HILL, NORTH C'AR)LINA UNLD-ITTED WALTER J. SNIDER LARRY A. ST224ERS C. DUKE THOMPSON C.W. ADAMS This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17th day of April .19 90 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 17th day of April, 1990 before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby, is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute in behalf of the Company, as surety, anv and- all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in foil force,and effect. i Signed and sealed this 04 day of U / 19 �- S1029M (o3 /90) AG"Offik CORROON & BLACK/COLLIER COBB OF THE CAROLINAS, INC. P.O. BOX 2165 CHAPEL HILL, NC 27515 919-958-4472 CODE SUS-OOOE Trout & Riggs Const. Co., Inc P 0 Box 15160 DU r h am NC 27704 ISSUE DATE THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COA LETMPTER NY D COMPANY LETTER E ---------- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED A90VEi011 THE'POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIPEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. 00 LT F TVPEOF 24URANCE POLICY NUMBER POLICY EFFECTIVE POLIOVEXPIRATIM ALL LIMITS IN THOUSANDS CENERAL LIABILITY DATIE(MU/M/YY) DATE(MM/DD/YY) A X COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE _3000 ZZ-1CLAIMS MADE --] OCCUR. PAC369136 3131/90 3/31/91 PRODUCTS-COMP/OPS AGGREGATE S 1000 Fx PERSONAL L ADVERIISINQ INJURY S OWNER'S L CONTRACTORS PROT. 1000 EACH OCCURRENCE S 1000 FIRE DAMAGE (Any one (ire) S 50 AUTOMOBILE LIABILITY MEDICAL EXPENSE (Any . W.)l $ 5 A X ANY AUTO SINOLE CAPS369020 3/31/90 3/31/91 LIMIT Soo DESORPTION of OPERATXWWLOCATIONSJVENICLESiRESTRWTMVSKeIAL ITEMS WORK AS ORDERED ON THE ORANGE COUNTY 911 CENTER EXPANSION, SR 1732, NEW HOPE CHURCH ROAD, ORANGE COUNTY, NC . .................. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO .-------MAIL 30 DAYS WRIT TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COUNTY OF ORANGE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. BOX 8181 LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES, HILLSBOROUGH, NC 27278 X$-- AUTHORIZED RESENTATI -W 0 2 3 7 0 0 0 ALL OWNED AUTOS EUDILY A SCHEDULED AUTOS X HIRED AUTOS INJURY (Per person) $ A X NON•OWNED AUTOS GARAGE LIABILITY INJURY (Per accident PROPERTY DAMAGE Excess LIABILITY A OTHER THAN UMBRELLA FORM LMB8464933 3/31/90 3/31/91 OCCURRENCE S 5000 $ 5000 WORKER'S COMPENSATION STATUTORY A AND EIARLOYERS'LIABLITY WC-6045005 3/31/90 3/31/91 100 (EACH ACCIDENT) 1 500 (DISEASE-POLICYLIMIT) OTHER 1 100 (DISEASE-EACHeMPLOYEE) DESORPTION of OPERATXWWLOCATIONSJVENICLESiRESTRWTMVSKeIAL ITEMS WORK AS ORDERED ON THE ORANGE COUNTY 911 CENTER EXPANSION, SR 1732, NEW HOPE CHURCH ROAD, ORANGE COUNTY, NC . .................. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO .-------MAIL 30 DAYS WRIT TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COUNTY OF ORANGE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. BOX 8181 LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES, HILLSBOROUGH, NC 27278 X$-- AUTHORIZED RESENTATI -W 0 2 3 7 0 0 0 'I A001�1 i::y,::i ;i: ` �:::> ,;,,:.si;i:'•i DATe MM/ /' :.i 4.....: ............. .......Y::::::::::.u...•:...•:: iYYYYiiY_�:::_: is Y jY;: _• iiii::Y::::•:i•Y:•i:.::.:::.;Y, ....:::.;.::':.:Y: ii...•: �:......-...:::• . ...�, i +•::::Y i:{;:;:; .........:.: v:.,•:.:: YYY::: 3i?•::.,.: YY., .::::ni�l:[.Y:{ti.: ?Y:.:.:i4�ri4i THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PR CORROON & BLACK /CCA — CH Great American Insurance Co. P.Q. BCD( 2166 P.Q. Box 29509 CHAPEL HILL, NO 27514 Raliegh, N.C. Acctg. Dept Dot Emory 919 - 968 -4472 27626 -0509 CODE SL 40DE Trout & Riggs Const. Co., Inc. LOAN P.O. Box 15160 R072310203 Durham C A p NC 27704 3/10/91 ai��io� —FE ORANGE COUNTY 911 CENTER EXPANSION, SR 1732, NEW HOPE CHURCH RD. ORANGE CO. COVEAAGEIPEAq.SIFORMS AMOUNT OF WSURANCE DEDUCTIBLE PROPERTY AT JOBSITE 276,700 10 PROPERTY IN TRANSIT 1 10,0001 100 TEMPORARY LOCATION 1 25,0001 100 OWNER: COUNTY OF ORANGE P.O. BOX 8181 HILLSBOROUGH, NC 27278 I r'I F- - . . .. ..................».....::::::.:,•.:::::>:«•: :.:;:- >:•:::,•i:,:Y::iiB ? ;c _: +. •::.::` :i: :,;:3i: ?:...,,::i::i`C :iY`•.•i:;i::: •i:::;,:,:::i:: i:5';.;:i <2;:;:; e �LIVr I' SUtiJtC.I TO THE PREMILMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PFtIQD, SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW �n WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT r, INTEREST, I N T ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ......... ...... COUNTY OF ORANGE MORTGAGEE P.O. BCD( 8181 HILLSBOROUGH, NC 27278 LOSS PAYEE ADDITIONAL INSURED E] (OTHER) 040237 SUBJECT: TO: 911 CENTER 100 -019 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES ORANGE COUNTY 911 CENTER MANSION (Name of Project) TROUT & RIGGS CONSTRUCTION CO., INC. (Name of Prime Bidder) The undersigned intends to perform work in connection with the above project as a Minority Business Enterprise. The MBE status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the above project. Please specify in detail the particular work items, materials or services you will perform or provide as it regards this project. State the price you have quoted: $ 17 000.00 Subcontracting at any tier must be reported and is subject to all MBE compliance requirements. This form shall be used for MBE subcontracting at any level. Douglas Yates, Grading Name of Minority Contractor DATE: March 7 1991 BY: LETTER OF INTENT... APPENDIX E 1 911 CENTER 100 -019 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES SUBJECT: ORANGE COUNTY 911 CENTER EXPANSION (Name of Project) TO TROUT & RIGGS CONSTRUCTION CO., INC. (Name of Prime Bidder) The undersigned intends to perform work in connection with the above project as a Minority Business Enterprise. The MBE status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the above project. Please specify in detail the particular work items, materials or services you will perform or provide as it regards this project. State the price you have quoted: $ 2,841.00 Subcontracting at any tier must be reported and is subject to all MBE compliance requirements. This form shall be used for MBE subcontracting at any level. DATE: March 7, 1991 LETTER OF INTENT... APPENDIX E CLETIS FAUCETTE, MaSonry Name of Minority Contractor k BY: 1 911 CENTER 100 -019 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES SUBJECT: ORANGE COUNTY 911 CENTER EXPANSION (Name of Project) TO: TROUT & RIGGS CONSTRUCTION CO., INC. (Name of Prime Bidder) The undersigned intends to perform work in connection with the above project as a Minority Business Enterprise. The MBE status of the undersigned is certified by the State of North -Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the above project. Please specify in detail the particular work items, materials or services you will perform or provide as it regards this project. Carpet State the price you have quoted: $ 6,385.00 Subcontracting at any tier must be reported and is subject to all MBE compliance requirements. This form shall be used for MBE subcontracting at any level. DATE: March 8 1991 LETTER OF INTENT... APPENDIX E QUALITY UNLIMITED, INC. Name of Minority Contractor BX: . 1 911 CENTER 100 -019 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES SUBJECT: ORANGE COUNTY 911 CENTER EXPANSION (Name of Project) TO: TROUT & RIGGS CONSTRUCTION CO., INC. (Name of Prime Bidder) The undersigned intends to perform work in connection with the above project as a Minority Business Enterprise. The MBE status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the above project. Please specify in detail the particular work items, materials or services you will perform or provide as it regards this project. Base course and asphalt paving State the price you have quoted: $ 21,317.00 Subcontracting at any tier must be reported and is subject to all MBE compliance requirements. This form shall be used for MBE subcontracting at any level. DATE: March 8, 1991 LETTER OF INTENT...APPENDIX E TEAM CONTRACTORS, INC. Name of Minority Contractor BY: J/ H e96 ORANGE COUNTY COMMISSIONERS �� 3 P.O. Box 8181 HILLSBOROUGH, N,C. Moses Carey, Jr. 27278 Alice M. Gordon 732 -8181 Stephen H. Halkiotis 968 -4501 Verla C. Insko 688.7331 Don Willhcit 227 -2031 644 -3004 (Fax) STATEMENT TO THE N.C. BOARD OF TRANSPORTATION PRESENTED BY ORANGE COUNTY ON APRIL 17, 1991 There are numerous transportation improvement needs in Orange County. The County's population increased by almost 22e between 1980 and 1990, making it one of the fastest growing counties in the state. The impacts of this growth are resulting in severe deficiencies in our transportation network. To address these deficiencies, Orange County requests that specific projects be included in the Transportation Improvement Program (TIP). The projects include those identified by the County as well as those listed in each of the attached requests from the County's municipalities, Carrboro, Chapel Hill, and Hillsborough. Projects identified by Orange County The Orange County 1991 Transportation Improvement Program Requests are presented in the attached letter written to Mr. L.J. Ward of the North Carolina Department of Transportation. There are both projects recommended for removal from the Transportation Improvement Program and projects recommended for inclusion. These latter requests give priority to identified safety needs on existing roads and bridges and to other transportation projects which foster alternatives to automobile travel. The Orange County Board of Commissioners respectfully asks that the 1991 Transportation Improvement Program be adjusted to reflect both the deletions and additions requested by the County. Projects Identified by-the Count 's Municipalities The Orange County Board of Commissioners endorses the attached municipal requests, with the stipulations given below, and respectfully asks that each of the projects be included in the Transportation Improvement Program. YOU COUNT IN ORANGE COUNTY! First, the County endorses the deletion from the TIP by both Chapel Hill and Carrboro of construction requests for their respective sections of the Laurel Hill Parkway. These roads go through environmentally sensitive areas and should not be constructed. Second, the County endorses the deletion by Chapel Hill of a request for the widening of US 15 -501 south of Chapel Hill from Mt. Carmel Church Road /Fordham Boulevard to the Chatham County line. The County opposes the widening of this section of 15 -501 unless a southern connector road is built between US 15 -501 and 1 -40 to handle traffic between Chatham County and destinations in the Research Triangle Park and Durham. Recognizing that these roads cross county and DOT district lines, the Commissioners encourage continued, and greater, coordination of transportation planning at the county, municipal, district and Metropolitan Planning Organization level. However, until such planning is done to handle regional traffic, Orange County cannot endorse the widening of roads from the south, such as US 15 -501 and SR 1008 (Mt. Carmel Church Road), because it would result in increased traffic funnelled through southern Orange County to ultimate destinations in the Research Triangle Park and other locations to the east. In the interim, the County can only endorse the bikeway and /or safety projects proposed along these roads. Thank you for your consideration of these requests. Submitted this 17th day of April, 1991 ORANGE COUNTY BOARD OF COMMISSIONERS �BH'VLP w ses Carey, Jr. Moses Carey, Jr. Alice M. Gordon Stephen H. Halkiotis Verla I. Insko Don Willhoit ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 April 17, 1991 732 -8181 968 -4501 688 -7331 227.2031 644 -3004 (Fax) Mr. L.J. Ward, P -E., Manager Planning & Environmental Branch State of North Carolina Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611 -5201 SUBJECT: ORANGE COUNTY';TRANSPORTATION IMPROVEMENT PROGRAM REQUESTS Dear Mr. Ward: Orange County wishes,.both to request that certain projects be included in`the NCDOT Transportation Improvement Program and to recommend that other projects be deleted. Pro'ects Recommended for.`Removal from the TIP 1. R -2538, Feasibility Study on Widening NC 54 from 1-40/85 in Burlington to Chapel,Hill Bypass (Alamance - Orange Counties) On January 22 and February 19, 1991, the Board of Commissioners conducted a public hearing for the purpose of giving interested citizens and municipal jurisdictions the opportunity to comment. At the hearing, comments were received from the Planning Staff and Planning Board. In addition, the Town of Carrboro, the Orange Water and Sewer Authority, the Bingham Township Advisory Council, and approximately 30 citizens from Orange and Alamance Counties spoke or provided written comments about the project. Based on the comments received and finding no compelling reason for the project, the Board voted unanimously on March 4, 1991 to voice its opposition to the project and request that it be removed from the 1991- 97 Transportation Improvement Program. YOU COUNT IN ORANGE COUNTY! Mr. L.J. Ward, P.E. April. 17, 1991 Page 2 2. R -942, Widening US 15 -501 from Morgan Creek to the Chatham County Line to a Multi -Lane Facility The County opposes the widening of US 15 -501 south of Chapel Hill from Mt. Carmel Church Road (SR 1008) to the Chatham County line unless a southern connector road is built between US 15 -501 and I -40 to handle traffic between Chatham County and destinations in the Research Triangle Park and Durham. Otherwise increased traffic will come through the already congested intersection between US 15 -501 and SR 1008 and funnel through Chapel Hill. 3. R -2630, Durham Northwest Loop On August 21, 1990, the County Commissioners voted to approve the Durham - Chapel Hill- Carrboro (DCHC) Thoroughfare Plan contingent upon the removal of the Durham Outer Loop from the orange County portion of the plan. Projects Endorsed for Inclusion in the TIP Orange County would like to give priority to identified safety needs on existing roads and bridges and to other transportation projects which foster alternatives to automobile travel. 1. Safety Improvements to Dangerous Intersections Based on the number and severity of accidents during the period January 1986 - June 1989, the County recommends that the following intersections be improved. I -85 / SR 1120 I -85 / NC 86 US 70 / SR 1002 NC 57 / NC 86 US 15 / SR 1008 I -85 / SR 1009 (Mt. Willing Road) (St. Mary's Road) (Mt. Carmel Church Road) (South Churton Street) 2. Improvements to Deficient Bridges (the County endorses the following projects listed in the 1991 -97 TIP) B -2598 (North Fork Little River; replace Bridge 154). B -2100 (Haw River; replace Bridge #101). B -2599 (Eno River; replace Bridge #185). Mr. L.J. Ward, P.E. April 17, 1991 Page 3 3. Orange county Department on Aging In support of its Human Services Transportation programs, Orange County endorses the requests of the Department on Aging as contained on pages PTR -10, PTR -26, PTR -30, and PTR -32 of the 1991 -97 TIP. 4. Stormwater Best Management Practices (BMPs) On April 1, 1991, the County Commissioners voted to request that stormwater BMPs be required along the Interstate Highway corridors in orange County which traverse watersheds classified as WS -III or higher. 5. Funding for the Triangle Transit Authority Orange County - wholeheartedly endorses the concept and mission of the Triangle Transit Authority and requests a continued state commitment for this purpose. The Board feels that these projects would address more pressing needs in Orange County than the projects recommended for removal. Should you have questions regarding the Board's action or request, please feel free to contact me or Mr. John Link, the County Manager. Sincerely, Mr. Moses Cari orange County Commissioners T O E A M E R I C A N I N S T I T U T E O F A R• C H I� T E C T S A 1 [)(xlirnent 13151 - Abbreviated Form of Agreement Between Owner and Architect for Construction ]infects of Limited Scope 1987 EDITION 7II1S DOCUMENT 11AS 1A11'OR7AN7' LEGAL CONSEQUENCES; CONSUI.7A71ON W7771 ANA TTORNEY IS ENC'OURAGIiD 11'4771 RESI)r,( ;7" 7 "0 I7S COA71'LETION OR MODIFICA7ION. AGREEMENT Made as of the ad clay of /PldA� Nineteen Hundred and /u nth/ , �; . BETWEEN the Owner: Orange County (Name and address) 300 W. Tryon Street Hillsborough, NC 27278 and the Architect: (Name and address) LCDA 976 Airport Road, Suite 200 Chapel Hill, NC 27514 For the following Project: (Iprclude detailed description of 1'rofect, location, address and scolv-) Efland- Cheeks Community Center and Park The Owner and Architect agree as set forth below. in the year of Copyright 1974, 1979, O 1987 by The Antcricvt 11)NIltU1C of nrchik;c(r, 1 -35 New fork Avenue, N.W., WaAhin ton, U.C. ln(NRi. Reproduction of the tnmcrial herein nr cnhstantial gµ"A;Ilion) of its pro%k1ons n'itltout written permission of the AIA violates the copyright laws of the United Crates and will NC Buhl( -Ct Io Ic) ;4 IIN INC(If ion. AIA DOCUMENT SISI O AIIBRF.VIAI'ED OWNER- AR(,Ill l F('1' A(;REI MENl- •'11111(1) f- I)IIION * AIA' • rJ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1135 NEW YORK AVENIT, NW, WASIIINGTON, D.(;. 2((N)C 8151.1987 1 TERMS AND CONDI'T'IONS OF AGRE1:MENT HFTWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's empinyecs and Architects consultants as enumerated in Articles 2 and i Of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall he performed as expedi- tiously as is consistent with professional skill and care and the Orderly progress of the Work. 1.1.3 The servicca covered by this Agreement arc subject to the time limitations contained in subparagraph 1 1.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1,1. The Architect's Basic services consist of Ihosc dcscrilx•d Under the three phases indentified below, ally other services identified in Article 12, and include normal structural, ntc•cllani- cal and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with the Ow ncr ;iltcrn :hive approaches to design and construction of the Proic•(.-t. 2.2.2 Based On the Mutually agreed -upon program, schedule and construction budget requirements, flic Archile•ct shall prepare, for approc ;d by the• Owner, Design 1)ncuntc,]is con- sisting of drawings and other documents appiopri;iic for tilt: Proicct, and shall submit to the Owner a prclimitrn•y estimate of Construction Cost. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Ihsign DOcun lei' Is, the Architect shall prepare, for approval by the Owner, Construction Docu- ments consisting of Drawing%and Specilicninns sctfing forth in detail the requirements for the construction Of the Project and shall advise the Owner of any adiustntcnls to previous preliminary estimlics of Construction Cost. 2.3.2 The Architect shall assist the Owner in cnnnc•(liriit will) the Owner's reslxmsibility for tiling docuntcitts required for the approval of governmental authorities h;nving iurisdiction over the Project. 2.3.3 I-IIIICFS I)rrn idcd in Article 12, the Architect, following the Owner's apprrty ;l Of the Construction Docunxnts and Of the latest prclintinary estimate of (:,n._,lntction (:rear, shall assist Ihr Owner in obtaining hills or negotiated proposals ;ind assist in awarding and preparing contracts for construction. 2.4 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services I or the Construction Phase under this Agreement commences with the award of the Contract for Con.stniction and terminates M the earlier of issuance to the ()weer of the final Certificate for 1';tymcnt or 60 days after the date of -Substantial Completion of the Work,.unlcss extended under the terms of subparagraph l o.2.3 2.4.2 The Architect Shall provide administration of the Con- tract for (, onstruction as set forth below and in the edition of AIA Document A201, General Conditions Of the Contract for Construction, current as of the date Of this Agreement. 2.4.3 Duties, reslx)nsibilities and limitations of authority of the Architect shrill riot be restricted, modified or extended without wriucn agrccnicnt Of the Owner and Architect with consent of (lie Contractor, which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise ind consult with the Owner (1) during construction until find 1MV111cnt to the Contractor is clue and (2) as all Additional scr- vicc at the Owner's direction from time to time during the cor- rcclioii periOd descrihcd in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate n) the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally farnili;ir with the progress and quality Of the Work completed and to detcrttiinc in general if [lie Work is being performed in a imin- ncr indicating that the Work when completed will he in accor- (1:utce will) the Contract Docun►ents, llowevcr, the Architect ahall not he required to make exhaustive or continuotes nn -site in.spcclions to check the quality Or quamity Of the Work. On the hasia of On -site Observations as alt architect, the Architect shall keep file Owner inl6rnted of the progress and quality of the Work, ;utd shall endeavor to guard the Owner against cicle"s ;uxl deftcicncics in file CC'ork. (,)lore ccrlcusive .cite, rc /u r'.'r'rtlrrlinrr nrrrP /x. ngwevd to rr.c Nn Addilion(il .Sc•r•r'icc, as rtes, riled in !'rrrrrr;rn /rlr 3 -2,) 2.4.6 The Architect sh ;dl not have control over Or charge of and shall not he reslxmsible for construction means, methods, tcc•hniqucs, 5Cglle11CCS or proccdUres, or for safety precautions mold programs in connection with the Work, since these arc solely the Contrac'tor's rc5ponsibilily tinder the Contract for Construction. The Architect sh:dl nut be responsihle for the Cunfractor'.s sched(des or failure to carry out the Work in accurdanc'c with the Contract DOcUllicilts• The Architect shall Itr)f have c•Ontrol over or charge of acts or omissions of the Contractor, subcontractors, or their agents or employees, or of y an other persons performing I- cations of the Work. 2.4.7 l he Architect sh ;dl at all times have access to the Work wherever it is in preparation or progress. 2.4.8 liaised on file Architect's observations ;Ind evaluations of the Contractor's Applications for 1)aynunt, the Architect shall review' and certify the amounts due the Contractor. 2.4.9 The Arc•hiiect's certifica lion for pay mcnt shad) constitntc A representation to the Owner, hascd or) flirt Architect'sohser- c-alions of the site as provided in subparagraph 2.4.5 and on the AIA DOCUMENT 9151 • A13IIREVIATEU OWNER- ARCI11TECI A(vRI_F91ENT - 1111RO 1ir)1'17UN - AIA' - r r 711F AMERICAN INSTITUTE. OF ARCHITECTS, 17ia NFV:' YORK AyF.NI'F.. N.W., \t Ati111N(i I0N, U.C. Z(r(r()6 8151 -19$7 2 data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and hciicf, quality of the Work is in accordance with the C(,r.tracr (k,cu. ments. The Issuance of a Certificate for Payment shall not I)c ;1 representation that the Architect has (I) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, tech• niques, sequences or procedures, (3) reviewed copies of rc(lui- sitions received from Subcontractors and nritcrial suppliccc ;utd other data requested by the Owner to suhStarttiate the Coninw- tor's right to payment or (4) ascertained how or for what pur- pose the Contractor has used money previouSly paid on account of the Contract Sum. 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional Inspcc•tinn or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of tile Contract Documents. 2.4,11 The Architect shall review and approi.•c or take other appropriate action upon Contractor's strhmitt-.rls such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not Indicate approval of an assembly of which the item Is a component. When professional certification Of performance characteristics of materials, systems or equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.4.12 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if authorized or confinned In writing by the Owner as provided In Paragraphs 3.1 and 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the Intent Of the Contract Documents. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion altd shall issue a final Certificate for Payment. 2.4.14 The Architect shall Interpret and decide matters con- cerning performance of the Owner and Contrac-for under the requirements of the Contract Documents on written request of either the Owner or Contractor, The Architect's reW)nse to such requests shall be made with reasonable pro)atlptness and within any time limits agreed upon. When making such inter- pretations and Initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not lie liable for results of Interpretations or decisions so rendered in good faith. AR- T- ICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or con- firmed in writing by the Owner or if included In Article 12, and they shall be paid for by the Oa•ner as provided in this Agree - nlent- Such Additional Services shall include, In addition to those described in Paragraphs 3.2 and 3.3, budget anal} sis, financial fcasihility studies, planning .Surveys, erivironn)enral studies, measured di'"'Ings of existing conditions, coordina- tion of Separate contractors or independent consultants, coot• dill-100n of construction or project managers, detailed Cnn- struction Cost estimates, quantity surveys, interior design, pian. ping of tenant or rental spaces. inventories of materials ()r equipment, preparation of rcc•ord drawings, and any other sc•r vices not otherwise included in this Agreement under Basic 5cr- vices or not customarily funtishccl in accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site th;tn is do :scribeo in Subparagraph 2A,5 is requirccl, such additional project representation shall he provided and paid for as sct forth ill Articles I I and 12. 3.3 As :In Additional Service in connection with change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and d ;10, evaluate Contractor's proposals, and provide an ,Whet services nTacic necessary by such (:hange Orders and Cunstnrc tion Change Directives. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a pro)• grant which shall set forth the Owner's objectives, schedule. constraints, budget with reasonable contingencies, and criteria. 4.2 The O%vner shall furnish surreys describing physical char `cteristics, legal lintitadon.s and utility locations for the sire of the Project, a written legal description of the site and rile .scr- `'ices of gcotcchnical engineers or other consultants when such services arc requested by the Arc'hitec't. 4.3 'I he Owner shall furnish structural, mechanical, cIlcn)icail, air and water pollution tests, tests for hazardous materials, :rnd other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.4 The Owner shall furnish all Icgal, accounting and insurance cnunsc-ling services as nlay he necessary at anytime for the Pro icci, including atidiling servic'cs the ()wrier may require• ro verify the Contractor's Applications for Payment or to ascertain hocv or for what purposes the Contractor has used the money paid by the Owner. 4.5 The foregoing services, information, surveys and reports shall I>< Furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and compictenc:ss thereof. 4.6 Prompt written notice shall he given by the Owner to the Architect if the Owner hCconles aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4,7 The proposed language of certificates or certific•atior,s re•que•stcel of the Architect or Architect's consultants sharp he suhrnitted to the Architect for review and approval at IeaSt 1•i days prior all execution. 3 81511987 AII►laOCUMENt 8151 • A11I1REV1A rf l) OVr NIiR- ARCHITECT AGREEMENT • 1'11IRD F.UI'r1UN •AIR® • J I yH? 111E AMERICAN INST11trTF. of ARC111TECT:S, 1735 NEW YORK AVENIT. 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IIrLIS ISO) uop3lulsuO:) 341 a, I's PJ"Is3p 1:)31nrd Jilt )o s]uawa a 133 o Jau.0 aqI 1(q papl3ads Ju I 11 J O Jt11 O) ISOJ pallid llsa Jo 1su3 11101 3111 aq lleLis 1so:) uap3lu►suOJ all �•1'S NOI11NId3a t•S 1S00 NOIlOMUSN00 S3 1d1011S3 fail substantially to perform In accordance with the terms of this Agreement through no fault of the party initiating the ter- mination. 8.2 If the Project is suspended by the Owner for more th;tn 30 consecutive days, the Architect shall he compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall he equit- ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services - 0.3 This Agreement may be terminated by the Owner ulxm not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agrectllent by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall to considered substantial nonperformance and cause for termination, 8.5 If the Owner fails to make paymcnt when duc the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owncr, suspend perforan;uicc of scr- vices under this Agreement. Unless paymcnt in full is received by the Architect within seven clays of the cline of the notice, the suspension shall take effect without further notice, in the event Of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.8 In the event of termination not the fault of the Architect, the Architect shall be compensated for scrvk es perfo anted prior to termination, together with Reimbursable Expenses then due and ail Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which arc directly attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall Ile gov- erned by the law of the principal place Of buSineSA of the Architect, 9.2 Terms in this Agreement shall h;n-c the s:unc Ills ;using is those in AIA Document A201, General Conditions of the Con• tract for Construction, current as of the dale of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Conl- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of file final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consult ;[1115, agents and employees of tine other for damages, but only to the extent covered by proplerty insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Docununt A201, General Con- ditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require I imilar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other pan. with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may he amended only by written instrument signed by Imth Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- mal relationship with or a cause of action in favor of a third parry against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no, responsibility for tile discovery, prescricc, handling, removal nr disposal of or exposure of person~ to hazardous materials in any form at the Projcct site•, including but not limited to ashcstos, ashestos products, polychloripated biphenyl (PCf3) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel I'xpense is defined as the direct salaries of the Architect's personnel engaged on the Project incl the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick Icavc, holidays, vacations, pc'n5itlns and similar conirihlltiotl.s and lenerts. 10.2 REIMBURSABLE EXPENSES 10.2.1 Itcinlbursible Expenses inc luck expenses incurred b. the Architect in the interest of the Project for: .1 expense of transportation and living expenses in con- nection with out -of -town travel authorized by the Owner; .2 long - distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 r -stage and handling of I)r ;[wings and 5pcciftc:ninns: .B expense of overtime work requiring higher than regu- lar rates, if authorized by the Owner; .7 renderings and models requested by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by (lie Owner in excess of that normally carried by the Architect and Architect's consultants; and .9 expense of computer -aided design and drafting edtllp- ntent time when used in connection with the Project. 5 9151 -1987 AIA OQCUUMT B1S1 • AIt11RI :.'IA7 EII OWNER -ARCI Itl'E( ;T AGRE17N1EN -r • l'IIIRI.) FI)1'11()N • AIAV • r' 1919? THE AXIFAICAN INSTI1- 111'F. OF ARCHITECTS. 1'3S NEW YORK AVENtIF, N.W.• WASHINGTON, q.C. 2nurX, X 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An Initial payment as set forth in Paragraph l 1.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, :,hall be in proportion to ser- vices performed within each phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or ex- tended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 1 1.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction O)St or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Fxpenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall he trade from the Architect's ctnll- pensation on account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF Dollars (S 900. 00 Shall be made upon execution of this Agreement and credited to the Owner's account at final payment. ) 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (MmTt hack Mutnlryensution, inclndir{q SHpnl[ned surn.c, rrrrdrrplr s rrr /n rxt +rrrtKts. rrnJ irk +rlr(t �dru�tc m u hidr trlfculur maNlxxic n/ rrrnyrtetcrlliurt n1N >lt, !f necctcsnn.) Project A: For Community Center Building and related parking, access and immediately adjacent landscaping: $1$,000.00 (9y of $200,000.00 project budget) Project B: For Park -- limited to picnic shelter, play structure, walking trail, Picnic tables and related site work: $4,300.00 (10% of $43,000.00 project budget) If fencing, access separate from what is included in Project A, or other significant elements should be added-to park program, fee percentage will be subject to renegotiation. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Imert Additinunr /iPrr,cr'.c as amirryrriate.) Design Phase: Construction Documents Phase: Construction Phase: Total Basic Compensation: percent ( 35 %) percent ( 4 5 %) _-- -scent (20 0r) one hundred percent (I (Nln / „) AEA DOCUMENT 0151 • ABBREVIATED OWNF.R•ARCIIII ECT AGRFEMENT •'I111Rh 1;1)1,1 ION • MAN • rJ IW17 TIIE AMERICAN INSTIT11IT OF ARCHITECTS, 173 NfVt' YORK AVENUE, N.W., WASIIINGroN, D.C..ZCXXK 8151.1987 6 L. L. L 11.3 COMPENSATION FOR ADDITIONAL SERVICES 114,1 FOR PROJECT REPRESENTATION BEYOND BASIC SF.RIICFS, a computed as follows: s described described ill Paragraph 3.2, compensation shall be Principal Architect: $65.00 /hr. Consulting Architect: 60.00 Chief Interior Dsgnr: 60.00 Project Architect: 50.00 Staff Architect: 45.00 Staff Interior Dsgnr.: $45.00 /hr. Construction Manager: 40.00 Graphic Designer: 30.00 Drafter: 30.00 Administrative /Clerical: 20.00 11.3.2 FOR ADDITIONAL SERVICES OF TI IE ARCHITECT pray idctl under Article 3 or idcntified in Article 12, compensation shall he computed as follows: (Insert haos rI cnrrr/rmsatirrrt. inc•hrditrR antes rrnrl;rn rrrnitiples n/ Nir,rr /'rr:cnrurr! /:vx•rrsc /nr !'miciprals aril rnrplr�pc� c. (,plot irh•rrtift' Principals and chucrfr• empinyres, if required, ldertrifp spa tfic services if, 11-huh /,artir rclru• trrr•rNJ& „/ ,,.,n /K•rrsrrnr,n filph•. ry ptef e'.csary j Same as 11.3.1 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including addition ;il structural, mechanical ;Ind electrical engineering .ser- vices and those provided under Article 3 or identified in Article 12 as p;lrt of Additional Services, a multiple of one and one tenth ( 1.1 ) times the amounts billed to the Architect for such semiccs. (Identify specific hpes of cotrvultants in Artlde 12. if require d,) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMDI)RSABLE EXPENSES. as described in Paragraph 10,2, and arty other items included in Article 12,x; Reimhursahle Expenses, a multiple of one and one tenth ( 1.1 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the Interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE 11ASIC SERVICES covered by this Agreement have riot been completed within twelve ( 12 ) nlortths of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall he compensated as provided In Subpar2graphs 10. 3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty (30) days from the date of the Architect's invoice. Amounts unpaid thirty (30 ) days after Invoice date shall hair interest from the date payment is due at the rate entered helow, or in the absence thereof, at the legal rate prevailing from time to tune at the principal place of business of the Architect. anseri any rate of interest agreed rrprm.) (Usury lau s and requinynenis under the Federal 7 rurh in LendrnR Act, Similar state and hxtd cmksumer credit taus and adrer regulations at the pturrer's and Arcbi- secr's principal places of business, for location of the I'Mitr t mod else' bt m tnay alfmi the twlidity of this protdshm. Specific hgtal adt ice should be obtained u irh respect to deletions or mndifkattow, and also rrgarditrR requirenmerds sorb as r(TAren discinsures rrr watt ers.) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted In accordance with normal salary review practices of the Architect. AIA 0=1111M NT 4161 • ABBREVIATED OWNER- ARCHITECT AGREEMENT • THIRD EDITION • AIAa • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C- 20006 0151.1987 7 ARTICLE 12 t OTHER CONDITIONS OR SERVICES (Insert d<rs<'ripti(nrs rJ nlirr•r.cerl• ices, rrl <'nIift Ad(h It —III/ l'rrnr r.t uh /rrrh'rl 11 rlhrto /4" it (.i nrrtY•gsuldrn rrnd rrer Kit)ir rdings In /hr• trrn•rtrr' II rurd , molocrigat r it lvrhts included In this Agra- merit.) The February 21, 1991 proposal submitted by LCDA Associates is hereby incorporated by reference as if it were included in this contract. Section 11.5.1 is amended to read: IF THE BASIC SERVICES COVERED BY THIS AGREEMENT HAVE NOT BEEN COMPLETED WITHIN TWELVE (12) MONTHS OF THE DATE OF EXECUTION OF LEASE BETWEEN ORANGE COUNTY AND THE ORANGE COUNTY BOARD OF EDUCATION, THROUGH NO FAULT OF THE ARCHITECT, EXTENSION OF THE ARCHITECT'S SERVICES BEYOND THAT TIME SHALL BE COMPENSATED A& PROVIDED IN THE SUBPARAGRAPHS 10.3.3 AND 11.3.2. This Agreement entered into as of the day and year first written above. OWNER (stgrutttrre) CHAIR, CRAN09 COUNW BOARD OF COMMIGGIONERS (Printed name and titte) ARCHITECT (Signature) �. j •� . J I (Printed name and titte)' AIA DOCUMENT 0161 • ABBREVIAT'ED OWNER- ARCIIITECT AGREEMENT • THIRD EDITION • ALA* • ®1987 THE AMERICAN tNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8151 -1987 8 I LONG RANGE PLANNING GOAL - PROMOTE EFFECTIVE LONG RANGE PLANNING BY DEVELOPING A COMPLETE SET OF IMPACT STATEMENTS WITH WHICH TO ASSESS THE LONG RANGE EFFECTS OF GROWTH AND DEVELOPMENT ON THE ENVIRONMENTAL, ECONOMIC, AND SERVICE RESOURCES OF THE COUNTY. OBJECTIVE -1 TIMETABLE Provide an Infrastructure Impact Statement which identifies the extent to which new development utilizes the capacity of existing roads, utilities, parks, and other facilities. PLAN OF ACTION A. Identify facilities /impact measures. February 1991 B. Prepare spreadsheet template. March -April 1991 C. Work Session /Board of County Commissioners (BOCC), May 1991 Planning Board (PB) and Economic Development Commission (EDC). D. Revise spreadsheet template. May 1991 E. Report /BOCC, PB, and EDC. June 1991 OBJECTIVE 2 Provide a School Facilities Impact Statement utilizing existing data which identifies the extent to which new development utilizes the capacity of existing schools in the Chapel Hill- Carrboro and Orange County School Districts. PLAN OF ACTION A. Work Session /County and School Staff. March 1991 B. Prepare spreadsheet template. April 1991 C. Work Session /County and School Staff. May 1991 D. Revise spreadsheet template May 1991 E. Work Session /BOCC and School Boards. June 1991 Page 1 OBJECTIVE 3 Provide a Fiscal Impact Statement which identifies the projected tax base, revenues, operating expenses, and capital improvement costs generated by new development. PLAN OF ACTION A. Work Session /BOCC, PB, and EDC. B. Revise spreadsheet templates. C. Work Session /BOCC, PB, and EDC. Page 2 • 1 February 1991 March 1991 April 1991 i WATER RESOURCES DEVELOPMENT AND PROTECTION GOAL - CONTINUE COOPERATIVE EFFORTS IN RESERVOIR DEVELOPMENT AND IMPLEMENT STATE - MANDATED STANDARDS. OBJECTIVE 1 Complete development of cooperative planning procedures between Orange County and the Town of Hillsborough. PLAN OF ACTION A. Work Session /County and Hillsborough staff. B. Alternatives presentation /Work Group. C. Planning Board recommendation. D. Work Session /BOCC and Hillsborough Board of Commissioners (BOC). E. Adoption of procedures. OBJECTIVE 2 Identify method(s) and implement State- mandated watershed protection standards in University Lake, Cane Creek, Upper Eno, Little River, Flat River, Hyco Creek, and Jordan Lake watersheds. TIMETABLE January 1991 February 1991 February 1991 March 1991 March 1991 A. Land use data to Environmental Management Commission. February 1991 B. Develop standards comparison. March 1991 C. Work Sessions /Utility Providers. D. Township Meetings /Community Assessment. E. Draft proposals. F. Township Meetings /Community Response. G. Revise proposals. H. Public hearing. Page 3 April -May 1991 June 1991 July- August 1991 September 1991 October 1991 November 1991 GOAL - TO DEVELOP A PLAN FOR THE USE AND CONTROL OF OPTIONAL WASTE TREATMENT SYSTEMS WHICH PERMITS APPROPRIATE LAND DEVELOPMENT AND PROTECTS THE ENVIRONMENT. OBJECTIVE _j To develop and present to the County Board of Health and the County Board of Commissioners, for approval and enactment, a body of County regulations, requirements, guidelines and policies which will insure that utility owners /operators locate, construct, operate, maintain and repair all optional or alternative technology -type waste treatment systems in a manner consistent with state law and with sound utility, engineering and environmental protection practices. PLAN OF ACTION A. Develop a process for removing /replacing operators of troublesome and failing waste treatment systems where system troubles and failures are the fault and responsibility of the operators. 1. Develop staff proposals. 2. Work sessions with utilities, local government boards. 3. Staff revision of proposals. 4. Presentations to utilities, local government boards. 5. Staff revision of proposals. 6. Public hearing. B. Develop an impact fee process for the creation of a capital reserve fund to repair or replace failing waste treatment systems. 1. Develop staff proposals. 2. Work sessions with utilities, local government boards. 3. Staff revision of proposals. 4. Presentations to utilities, local government boards. S. Staff revision of proposals. 6. Public hearing. _ Page 4 � r March -May 1991 June 1991 July 1991 August 1991 September 1991 October 1991 March -May 1991 June 1991 July 1991 August 1991 September 1991 October 1991 L OBJECTIVE 2 Establish a monitoring and maintenance assurance program consistent with state and local health and environmental statutes. PLAN OF ACTION A. Initiate data base for conventional and non- February 1991 conventional systems. B. Determine need based on data base. March 1991 C. Board of Health revise local sewage disposal rule. June 1991 D. Implement monitoring inspections. July 1991 E. Develop educational plan for conventional and non- September 1991 conventional systems. GOAL - DEVELOP A DATA COLLECTION PROCESS AND A SERIES OF MODELS FOR ASSISTANCE IN THE EFFORT TO DETERMINE THE IMPACTS OF VARIOUS LAND USES AND WASTE TREATMENT OPTIONS ON THE QUANTITY AND QUALITY OF THE GROUND AND SURFACE WATER RESOURCES OF ORANGE COUNTY SO THAT THESE IMPACTS CAN BE FACTORED INTO THE LONG TERM PLANNING PROCESS. OBJECTIVE 1 Collect all available data and locations for existing drinking water well yields and contamination testing, USGS groundwater hydrology studies, septic tank failures, underground storage tanks, pesticide and herbicide uses, etc., as required to begin the process for making assessments of existing groundwater resource quality, quantity, availability and vulnerability to resource depletion and degradation by way of existing and future land use scenarios. PLAN OF ACTION A. Obtain available OC Environmental Health data on July 1991 locations of failing septic systems. B. Using USGS maps, along with any other appropriate May 1991 sources, and expertise of County staff, develop generalized hydrogeologic map of County showing the relative capacity of different areas to provide water from wells. Page 5 0 C. Obtain Soil Conservation Service and Agricultural July 1991 Agricultural Extension Service data on pesticide and herbicide uses, agricultural practices, well tests, use of best management practices, etc. D. Obtain all listed sites and materials stored from Hazardous Waste Management section. E. Obtain listing of all underground storage tanks, and storage tank leak incidents from Division of Environmental Management. F. Obtain all available surface water quality monitoring data from DEM. G. Obtain all available surface and groundwater quality and quantity data from USGS and other sources. OBJECTIVE 2 Develop generalized soils mapping with emphasis on suitability for land application waste treatment systems and obtain from OEM data on remaining stream and surface water waste loading allocations in order to determine the relative capacity of different areas to support service by onsite waste treatment systems. PLAN OF ACTION July 1991 December 1991' March 1992 March 1992 A. Using SCS soil mapping of the County and expertise May 1991 of staff soil scientists, develop generalized map of County indicating broad areas of soil types and depths suitable for land application waste treatment. B. Obtain available information from DEM regarding July 1991 the assigned waste loading capacities of County streams and surface water and information on all approved surface discharge waste loading allocations for existing treatment facilities. OBJECTIVE 3 Develop a water resource protection long range planning system or program, using County GIB system and impact modeling programs to predict the impacts of various land uses and land use patterns on the quality and quantity of ground and surface water resources. Page 6 i PLAN OF ACTION A. Bring on line GIS capabilities of various County December 1992 Departments which have environmental and planning/ land use responsibilities. B. Develop computer modeling programs which use best July 1993 available technology to use collected environmental data on existing impacts to project future and cumulative environmental impacts on ground and surface water resources. C. Implement a program for integrating water resource December 1993 environmental impact projections into long range planning process. Page 7 a RURAL CHARACTER STUDY GOAL - PREPARE /RESOLVE STRATEGIES AND ORDINANCES TO PRESERVE RURAL CHARACTER OBJECTIVE 1 TIMETABLE Pursue mutual adoption, by Orange County, Chapel Hill, and Carrboro, of Options A (2 -Acre Lots), B (5 -Acre Lots), and C (1 -Acre Clusters) of the Rural Buffer Conceptual Guidelines. PLAN OF ACTION A. Chapel Hill adoption. February 1991 (Carrboro adopted all. options - October 23 1990) B. Planning Board recommendation. February 1991, C. Board of Commissioners adoption. March 1991 OBJECTIVE 2 Develop Conceptual Guidelines for the remainder of Orange County. PLAN OF ACTION A. Township Meetings /Community Assessment. January 1991 B. Draft strategies. January -March 1991 C. Township Meetings /Community Response. March 1991 D. Revise strategies. April 1991 E. Public hearing. May 1991 OBJECTIVE 3 Prepare ordinances for implementing rural character strategies. PLAN OF ACTION A. Township Meetings /Community Assessment. July 1991 B. Draft strategies. July - September 1991' C. Township Meetings /Community Response. September 1991 D. Revise strategies. October 1991 E. Public hearing. November 1991 Page 8 ECONOMIC DEVELOPMENT GOAL - EDC AND PLANNING STAFF TO DEVELOP "BUILDOUT MODEL" BASED ON CURRENT LAND USE PLAN, PROJECTING JOBS, HOUSES AND TAX BASE OVER A PERIOD OF TIME (10 -20 -40 YEARS). OBJECTIVES 1. Complete county -wide inventory of property tax valuation by type (40,000 parc.). 2. Review and enhance Fiscal Impact Model. 3. Analyze 1990 census to project growth of the residential sector. 4. Using commercial inventory project future non- residential growth. 5. Final report. GOAL - TARGET ADVISORY GROUP (TAG) WILL REPORT LONG -RANGE STRATEGIC OBJECTIVES ON ECONOMIC GROWTH TARGETS. OBJECTIVES 1. Final TAG report. 2. Report presentation to Board of county Commissioners. 3. EDC staff analysis of recruitment strategies and targets. 4. Targeted recruitment program. 5. Joint work on geographic targets through joint planning process. TIMETABLE August 1991 October 1991 March 1992 April 1992 May 1992 January 1991 February 1991 May 1991 Fall 1991 Spring -Fall 1991 GOAL - DEVELOP PROPOSAL -FOR SHARED SPACE CENTER FOR BUSINESS SERVICES AND TRAINING (AND RETRAINING) EMPLOYEES. OBJECTIVES 1. Develop preliminary recommendations for EDC Board February 1991 review. 2. Inclusion of space requirements in CIP. Spring 1991 Page 9 3. Presentation of final proposal to BOCC. GOAL - CONTINUE COOPERATIVE PLANNING BETWEEN PLANNING BOARD AND EDC. OBJECTIVES 1. EDC and Planning Board joint committee formation. 2. Presentation of pre - development conference and courtesy review procedures. 3. First recommendations and public hearing. 4. Phase II. 5. Phase II public hearings. Page 10 July 1991 November 1990' March 1991 May 1991 Summer 1991 Fall 1991 HUMAN SERVICES GOAL - ASSIST LOW INCOME FAMILIES TO SECURE AND MAINTAIN EMPLOYMENT BY EXPANDING DAYCARE RESOURCES. OBJECTIVE TIMETABLE To increase the availability of daycare subsidies in Orange County. PLAN OF ACTION A. Increase the amount of county funding for daycare February 1991 subsidies until federal funds are available. B. Support the Day Care Resources Task Force and the Ongoing development of a strategic plan. C. Assess the Child Care Development Block Grant and February - advocate for the maximum amount of subsidy funds. March 1991 D. Convene meeting with legislative delegation to March 1991 discuss the statewide impact of decreased federal and state subsidy. GOAL- DEFINE THE COUNTY'S ROLE /CONTRIBUTION IN ADDRESSING AFFORDABLE HOUSING. OBJECTIVE Identify possible affordable housing financing.options/ methods. PLAN OF ACTION A. Identify current affordable housing initiatives. March 1991 B. Describe various housing programs administered by March 1991 federal and state programs. C. Research possible financing options with the county February - non- profit housing corporation and other county April 1991 housing organizations. D. Recommend methods of county financial participation May 1991 in affordable housing programs. Page 11 GOAL - DEVELOP APPROACH TO ACHIEVE OPTIMAL COMMUNICATION AND COORDINATION OF SERVICES AMONG PUBLIC AND PRIVATE HUMAN SERVICES AGENCIES. OBJECTIVE To develop strategic plan for human services. PLAN OF ACTION A. Human Services Management Team (HSMT) assist Human April 1991 Services Advisory Commission (HSAC) in developing specific objectives for a strategic plan. 1. Meet with representatives from the county -wide human service community, including towns, United Way, and other appropriate agencies. B. HSAC and HSMT jointly establish budget and select May 1991 consultant for strategic plan. . C. Ensure that strategic plan interfaces with ongoing Opportunities for Families Grant and United Way Needs Assessment planning processes. D. HSAC and County management continue discussions with October 1991 United Way, Towns of Chapel Hill and Carrboro to develop common funding request application form for private non - profit agencies. 1. Draft new application form before 1992 -93 budget. E. Finalize strategic plan and present to BOCC. November 1991' GOAL - IMPROVE AND EXPAND LITERACY PROGRAM. OBJECTIVE Develop a family literacy program with the assistance of the Governor's Advisory Council on Literacy and orange County Literacy Council. PLAN OF ACTION A. County management assist Literacy Council in March 1991 assessing family literacy needs and identifying existing services. B. Determine family literacy priorities. May 1991 Page 12 4 C. Develop a mechanism for implementation of family literacy program. August 1991 GOAL - DEFINE THE DIRECTION OF THE COMMISSION FOR WOMEN AND ADDRESS THE FEASIBILITY OF IT BECOMING A FULL -TIME DEPARTMENT. OBJECTIVE County management, staff and Commission to identify, refine and prioritize functions of the department. PLAN OF ACTION A. Compile and review past achievements. 1. Historic time line. 2. Past accomplishments. B. Review current role. 1. Examine mission statement. 2. Examine current objectives. C. Address the broadening of functions to determine expansion. 1. Discuss internal functions. 2. Discuss external functions. 3. Discuss objectives for next fiscal year. 4. Break down objectives as external, internal, or both D. Examine budget. 1. Cost of operation based on objectives of half -time department. a. Break down cost to include internal functions b. Break down cost to include external functions C. Prioritize objectives 2. Cost of operation based on objectives of full -time department. a. Break down cost to include internal functions b. Break down cost to include external functions c. Prioritize objectives E. Discuss options. 1. Through feedback from HSMT. 2. Through budget process. Page 13 February 1991 March 1991 April 1991 April 1991 May 1991 GOAL - COMPUTERIZATION OF HUMAN SERVICES. OBJECTIVE To upgrade current system of maintaining and sharing client information. PLAN OF ACTION A. Develop a Master Client Index (MCI) with the assistance of the UNC School of Social Work Human Services Research and Design Laboratory. 1.', Assess existing county human services computer January 1991 network. 2. Evaluate and design hardware. January 1991 3. Evaluate and design software specifications. January 1991 4. Evaluate system cost. February 1991 5. Draft final report with recommendations for March 1991 implementation. GOAL - REVIEW THE COUNTY MINIMUM HOUSING CODE (MHC). To strengthen the Minimum Housing Code Ordinance and Enforcement Program. PLAN OF ACTION A. Meet with the HSAC to determine their initial January 1991 concerns /issues related to the MHC. B. Review the present ordinance provisions and February - enforcement procedures. Research other N.C. March 1991 jurisdictions' enforcement programs. C. Make recommendations to the HSAC based on results of April 1991 research and local experience. D. HSAC make MHC recommendations to the BOCC. May 1991 Page 14 GOAL - REEVALUATE JOB TRAINING AND PARTNERSHIP ACT (JTPA). OBJECTIVE To examine current JTPA program activities and ensure maximum use of funding. PLAN OF ACTION Assistant Manager submit JTPA report to the Board of July 1991 County Commissioners (BOCC). (Report will include possible partnerships with neighboring counties.) Page 15 SOLID WASTE GOAL - IDENTIFY LANDFILL SITE AND ESTABLISH A NEW LANDFILL. OBJECTIVE Identify the best landfill site in Orange County. PLAN OF ACTION A. Establishment of the Landfill Site Search Committee (LSC) and securing engineering consultant to conduct the site search. B. LSC, consultant and staff educate the public about the need for a landfill and the process of selecting the landfill site. TIMETABLE Spring 1991 Ongoing C. LSC, consultant and staff meet and adopt screening Fall 1990 - and ranking criteria and apply criteria. Winter 1991 D. Hold periodic public meetings to update April, November 1990 citizens on the status of the landfill site April, October search. December 1991 E. LSC make recommendation to Landfill Owners Group (LOG) on two to four possible landfill sites. F. Landfill Owners Group (LOG) make recommendation to January 1992 BOCC on landfill site. GOAL - TO EXPAND PUBLIC INFORMATION EFFORTS ABOUT SOLID WASTE AND RECYCLING. To provide the opportunity for a better understanding of solid waste and recycling issues and encourage public participation. PLAN OF ACTION A. Mailing of newsletter to all County residents on the February - status of solid waste and recycling in the County. March 1991 (LOG and county staff). B. Ongoing bi- weekly column in the "The Chapel Hill ongoing Herald" called "Watching Our Wastelines ". (LOG) Page 16 C. Distribution of updated "Solid Waste in Orange Ongoing County" brochures and recycling brochures. (LOG and county staff) D. Investigation of a compost demonstration site in Spring 1991 northern Orange County to educate citizens on composting. (LOG and county staff) E. Ongoing contact with all of the schools in the County Ongoing to educate students about solid waste and recycling. (LOG and county staff) F. Participation in the observance of Earth Day. April 20 1991 (LOG and county staff) G. Investigation of a Household Hazardous Waste drop off day in the 1991 -1992 budget. (LOG) H. Mass mailings and newspaper ads on solid waste issues. Ongoing (LOG and county staff) I. Public forums on solid waste issues. (LOG and county Ongoing staff) J. Meetings with civic groups to update them on solid ongoing waste issues. (LOG and county staff) GOAL - TO DEVELOP SOLID WASTE COLLECTION PLAN. OBJECTIVE To identify the most efficient and economically feasible solid waste collection method(s) available to Orange County (including financing options). PLAN OF ACTION A. Implementation of pilot compactor center. Spring 1991 B. BOCC approve preferred solid waste collection center Fall 1991 alternative. C. Incorporation of private haulers into the Orange Summer - County Solid Waste Plan. Fall 1991 D. BOCC approve preferred financing method for solid Fall 1991 waste collection center alternative. E. Development of a Solid Waste Ordinance for Orange Fall 1991 County. Page 17 F. Enhanced education for solid waste collection plan Ongoing and recycling. G. Implementation of Phase Two of collection system FY 1991 -1992 alternatives (addition of two more collection centers). H. Implementation of Phases Three, Four and Five in subsequent years. Page 18 IA BUDGET OBJECTIVE To develop strategies to promote efficiency and savings in Orange County government operations. PLAN OF ACTION A. 1991 -92 Budget evaluation to include: 1. Identification of more productive methods of service delivery. 2. 1991 Budget to begin efforts in costs incentives for productivity in County Departments. Page 19 EDUCATION OBJECTIVE 1 To determine the most equitable methodology to fund current expenses for both school systems. PLAN OF ACTION A. Continue with present approach to funding current expense for FY 91 -92. B. Both school boards review in further detail the remaining viable options for school equity funding. County and school staff continue working together. OBJECTIVE 2 To address short range and long -term solutions to funding. school capital projects. i i TIMETABLE March -May 1991 March -May 1991 PLAN OF ACTION A. Staff to study which functions are in recurring March -May 1991 capital budget, and which are in CIP. will work with two superintendents and make recommendations. B. Staff to make general recommendations in January 1991 -1996 CIP on timing of bond referendum to include school and county priorities. C. BOCC establish a Citizen Advisory Committee to determine time, amount, priorities for next bond referendum. D. Citizens Advisory Committee execute change and report to BOCC. E. BOCC determine appropriate action plan to address school capital needs. Revised 3/21/91 Page 20 February 1991 1991 June 1991 August 1991 ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA WORK AGREEMENT NAME OF ORGANIZATION The Center for Early Adolescence ATTENTION Dr. Frank Loda PHONE (919) 966 -1148 DATE March 7, 1991 JOB DESCRIPTION &MzMr4a 1762 The Center for Early Adolescence will provide consultation services to Orange County to assist the county in developing the Opportunities for Families Fund proposal. The proposal will be submitted to the Z. Smith Reynolds Foundation on August 1, 1991. Responsibilities, tasks and compensation are included on the attached letter. Center for Early Adolesc Authorized signature —� o 3 Z Z Orange County Representative WAFL0724 Oxd' Date' AREA CODE (919) 732 -8181 • 968 -4501 • 688 -7331 • 227 -2031 • FAX (919) 644 -3004 Ext. 2300 NT- ' '' ''�--'-'-'-----z-�~~~'~~~~~~~~��~��"��° |` I \ --- -- --' -- '' '-- - - rE �- 77 m