HomeMy WebLinkAboutAgenda - 09-17-1991ORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA
REGULAR MEETING NOTE: BACKGROUND MATERIAL
TUESDAY, SEPTEMBER -17, 1991 ON ALL ABSTRACTS
7:30 P.M. AVAILABLE IN THE
OLD POST OFFICE 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. ADDITIONS OR CHANGES TO THE AGENDA
II. AUDIENCE COMMENTS
A. Matters on the Printed Agenda
(We would appreciate you signing the pad ahead
of time so that you are not overlooked.)
Be Matters not on the Printed Agenda
PUBLIC CHARGE
The Board of Commissioners pledges to the citizens of
Orange County its respect. The Board asks its
citizens to conduct themselves in a respectful,
courteous manner, both with the Board and with fellow
citizens. At any time should any member of the Board
or any citizen fail to observe this public charge,
the Chair will ask the offending person to leave the
meeting until that individual regains personal
control. Should decorum fail to be restored, the
Chair will recess the meeting until such time that a
genuine commitment to this public charge is observed.
III. ITEMS FOR DECISION -- CONSENT AGENDA
(Any item may be removed for separate consideration)
A. Budget Ordinance Amendment #3
B. Additional In -Home Care Provider Agreements
C. Approval of Memorandum of Understanding for
Provision of Legal Services to the Elderly
D. Tax Refund Requests
E. Professional Services Contract -- Dental Services
for Headstart
F. Comprehensive Housing Affordability Strategy
IV. RESOLUTIONS PROCLAMATIONS
A. Proclamation - -Child Health Day October 7, 1991
B. Proclamation -- Hunting and Fishing Day in Orange
County
V. SPECIAL_PRESENTATIONS
VI. PUBLIC HEARINGS
VII. REPORTS
A. Development of Hunting and Human Rights
Ordinances
B. Report on Regional Bicycle Plan
C. OWASA'S Request for Comments -- Hillsborough's
Request for use of Sixteen Inch Water Line
VIII. ITEMS FOR DECISION -- REGULAR AGENDA
A. Bid Award -- Efland- Cheeks Community Center and
Park
B. Orange County Efland- Cheeks Community Center and
Park
C. Lease Approval -- Hillsborough Business Center
D. Equal Employment Opportunity /Affirmative Action
Policy Revisions to the Orange County Personnel
Ordinance .
IX. BOARD COMMENTS
X. COUNTY MANAGER'S REPORT
XI.
XII. MINUTES
XIII. EXECUTIVE SESSION
XIV.
( *) Indicates items that need immediate attention.
A
Approved 10/07/91
•�'�� MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
SEPTEMBER 17, 1991
The Orange County Board of Commissioners met in regular session
on September 17, 1991 at 7:30 p.m. in the Courtroom of the old Post
Office in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chairman Moses Carey, Jr., and
Commissioners Stephen Halkiotis, Alice M. Gordon, Verla C. Insko and Don
Willhoit.
COUNTY ATTORNEY PRESENT: Nick Herman
COUNTY STAFF PRESENT: County Manager John M. Lank, Jr.,
Assistant County Managers Albert Kittrell and Rod Visser, Economic
Development Director Ted Abernathy, Planner Gene Bell, Clerk to the
Board Beverly A. Blythe, Purchasing Agent David Cannell, Human Resources
Director Elaine Holmes, Purchasing Director Pam Jones, Recreation and
Parks Director MaryAnne Moore, Child Support Director Janet Sparks, Real
Estate Appraiser Don Tapp, County Engineer Paul Thames, and EMS Director
Nick Waters.
NOTE: All documents referred to in these minutes are in the permanent
agenda file in the Clerk's Office.
BOARD COMMENTS
I. ADDITIONS OR CHANGES TO THE AGENDA
The Board made the following changes to the Agenda:
Added to appointments - one for Domiciliary Home Advisory
Committee and one for HSAC,
added to item 4 - Resolutions /Proclamations - a Proclamation
for Stage II water restrictions, and
added to item 8 - Items for Decision as Item "E" 911 Consoles;
Rejection of Bids
The report on the Regional Bicycle Plan may include a decision
by the Board.
Commissioner Insko stated she received several calls about the
fence that is planned for Cane Creek. She will call OWASA and relay
these concerns.
II. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chairman Carey indicated that those who have indicated a
desire to speak will be recognized at the appropriate time.
B. MATTERS NOT ON THE PRINTED AGENDA - NONE
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III. ITEMS FOR DECISION - CONSENT AGENDA
Commissioner Willhoit removed item "A -7" from the Consent
Agenda and asked that additional information be provided on the grant
received by the Little River Fire District. This item will be placed
on the next agenda.
Motion was made by Commissioner Willhoit, seconded by
Commissioner Gordon to approve those items on the Consent Agenda as
stated below:
A. BUDGET ORDINANCE AMENDMENT 13
The Board approved the grant project ordinance for the
Domestic Violence Program as stated below and the following amendments
to the 1991 -92 Budget Ordinance:
GENERAL FUND
Source - Appropriated From Fund Balance $ 113,818
Appropriations - Community Maintenance 14,200
- General Administration 25,000
- Community Planning 21,000
- Public Works 36,800
- Contributions to Outside 12,391
Agencies
- Miscellaneous 4,427
COUNTY CAPITAL RESERVE FUND
Source - Appropriated from Fund Balance $ 74,360
Appropriation - General Admin. 23,360
Appropriation - Public Works 51,000
(To budget for prior year fund balance reservations)
GENERAL FUND
Source - Miscellaneous $ 595
Appropriation - Human Services 595
(To budget for Senior Games donations)
Source - Intergovernmental $ 7,203
Appropriation - Public Safety 7,203
(To budget for federal forfeitures)
Source -- Intergovernmental $ 1,500
Appropriation - Human Services 1,500
(To budget for additional Dental program revenues)
Source - Miscellaneous $ 200
Appropriation - Human Services 200
(To budget for additional Commission for Women revenues)
The budget amendment for the Little River Fire District Fund was
removed and will be considered on October 7, 1991.
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DOMESTIC VIOLENCE PROGRAM
GRANT PROJECT ORDINANCE
Be it ordained by the Board of Commissioners that pursuant to Section
13.2 of Chapter 159 of the General Statutes of North Carolina, the
following grant project is hereby adopted.
section 1. The project authorized addresses the needs of women and
children in Orange County who are victims of domestic
violence as awarded to the Orange County Sheriff's
Department by the North Carolina Department of Crime
Control and Public Safety.
Section 2. The officers of the County are hereby directed to proceed
with the grant project within the grant document, the rules
and regulations of the North Carolina Department of Crime
Control and Public Safety and the budget contained herein.
Section 3. The following revenues are anticipated to be available to
complete this project:
Intergovernmental - Domestic Violence $ 41,429
Section 4. The following amounts are appropriated for this project:
Public Safety -- Domestic Violence $ 41,429
Section 5. This ordinance supersedes all previous Domestic Violence
Grant Project Ordinances.
Section 6. The finance officer is hereby directed to maintain within
the Grant Project fund sufficient specific detailed
accounting records to provide the accounting to the grantor
agency required by the grant agreement and federal and
state regulations.
Section 7. Funds may be advanced from the General Fund for the purpose
of making payments due. Reimbursement requests should be
made to the grantor agency in an orderly and timely manner.
Section 8. Copies of this grant project ordinance shall be made
available to the finance officer for direction in carrying
out this project.
Section 9. This ordinance is effective July 1, 1991.
B. ADDITIONAL IN -HOME CARE PROVIDER AGREEMENTS
The Board approved and authorized the Chair to sign provider
agreements adding Medical Personnel Pool and Triangle Home Health Care,
Inc. to the group of In -Home care providers used to provide service as
funded through a contract with Triangle J Council of Governments, at a
rate not to exceed $9.50 per service hour.
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C. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR PROVISION OF LEGAL
SERVICES TO THE ELDERLY
The Board approved and authorized the Chair to sign a
Memorandum of Understanding with North State Legal Services for
provision of legal counseling and assistance for Orange County residents
sixty years and older who exceed North State's income eligibility
guidelines but who cannot afford to seek legal services from the private
sector.
D. TAX_ REFUND
The Board approved the following requests for property tax
refunds:
NAME
ACCOUNT
AMOUNT
Yeh, Chin -ho
89001246
$
100.00
Cross, Calvin Leland, Jr.
89000336
$
100.00
McArthur, Douglas R
800072
$
81.97
Lodge at Harvard Square
159110
$
768.32
Nevil, Catherine E.
145792
$
32.58
Holmes, Bennie
161016
$
122.36
Orange Affiliated Partners
141185
$
1,193.67
A -OK Home Service Inc.
140297
$
552.02
Kimrey, Douglas J.A. &
48195
$
132.57
Clark, Neidra Lynn
152713
$
85.48
Chapel Hill Podiatry Clinic
74111
$
1,963.22
Hoffman Research Assoc. Inc.
42529
$
1,144.02
Marvin & Mary Cheek
51126
$
3,422.76
Roe, Cheryl Ann
118029
$
13.76
Henry D. Hagood
104225
$
226.82
Ronald Gregory
269
$
71.91
Harold & June Glasser
154653
$
149.19
Shannon, James E.
153858
$
9.64
Stack, Alicia M.
90000729
$
25.47
Northern Telecom Finance
893693 &
8822135
$
1,122.54
E. PROFESSIONAL SERVICES CONTRACT .. DENTAL SERVICES FOR HEADSTART
The Board approved and authorized the Chair to sign the
renewal of an existing contract for the Health Department Dental clinic
to provide dental services to the children attending the Cedar Grove
Headstart Center operated by Wake County Opportunities, Inc.
F. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
The Board approved setting October 7, 1991 as a public hearing
date to receive citizen comments regarding the Consolidated
Comprehensive Housing Affordability Strategy for Orange County.
VOTE: UNANIMOUS
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IV. RESOLUTIONS /PROCLAMATIONS
A. PROCLAMATION - CHILD HEALTH DAY OCTOBER 7 1991
Motion was made by Commissioner Gordon, seconded by
Commissioner Halkiotis to approve and authorize the Chair to sign the
proclamation as stated below which proclaims October 7, 1991 as Child
Health Day in Orange County:
CHILD HEALTH DAY
OCTOBER 7, 1991
BY THE CHAIR OF THE ORANGE COUNTY BOARD OF COMMISSIONERS
A PROCLAMATION
On Child Health Day we reaffirm our resolve that all of America's
children should be assured the best possible start in life and should
be protected from hazards and risks that might threaten their life and
their health. Providing a safe, secure and nurturing environment for
our children is of paramount importance to us as parents and families.
It must also become an imperative to which we devote the intelligence
and the resources of our communities and our Nation.
It is tragic that thousands of our children are dying and thousands more
of them are permanently disabled because of injuries, both unintentional
and intentional. In 1988, there were 22,426 deaths of children through
age 19 caused by injuries. Injuries account for more deaths of children
after the first year of life than all other causes combined. Many of
these injuries are predictable and preventable.
Research into the cause of many of these injuries has resulted in
product improvements to reduce hazards, such as safety packaging for
medicines and toxic chemicals. Public awareness of some of the safety
issues has resulted in legislative changes to reduce hazards, such as
statutes throughout the Nation requiring child passenger safety
restraints. Local initiatives for requiring bicycle helmets, for
fencing around swimming pools, and for playground equipment standards
are making significant contributions toward injury reduction when they
are adopted. Public education campaigns against drunk driving, vigorous
enforcement against child abuse, and training for both children and
parents to help them handle anger and reduce violence all make important
contributions.
We have acquired a wealth of knowledge about effective interventions
that can prevent and reduce the incidence of childhood injury. Yet we
continue to record the toll of children killed on the highway, on
neighborhood streets, in playgrounds, and swimming pools, on the
worksite, and in their own homes by injuries that could have been
prevented.
During this observance of Child Health Day, let us devote special
attention to preventing these unnecessary deaths. Let us look in our
homes and in our communities at those causes of injury which we can
control -- unsafe environments, unsafe products, unsafe behaviors - -and
resolve to remove such hazards to protect our children.
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NOW, THEREFORE, on behalf of the Orange County Board of Commissioners,
I do hereby proclaim Monday, October 7, 1991, as Child Health Day in
Orange County.
IN WITNESS WHEREOF, this 17th day of September, 1991
VOTE: UNANIMOUS
Commissioner Halkiotis asked that the Social Services Director
give a report to the Board on what the County is doing to prevent child
abuse.
S. PROCLAMATION - HUNTING AND FISHING DAY IN ORANGE COUNTY
Motion was made by Commissioner Gordon, seconded by
Commissioner Halkiotis to approve and authorize the Chair to sign the
proclamation as stated below which proclaims September 28, 1991 as
Hunting and Fishing Day in North Carolina
P R O C L A M A T I O N
HUNTING AND FISHING DAY IN ORANGE COUNTY
WHEREAS, since the turn of the century, hunters and anglers have been
at the forefront of the conservation movement, providing the
impetus and the financing for many of the wildlife
conservation programs existing today, and
WHEREAS, as individuals, and through their organizations, sportsmen and
women volunteer countless hours of their time for conservation
projects and to educate others about the wise management of
our natural resources, and
WHEREAS, to date, sportsmen and women have provided more than $12
billion nationally for conservation programs that benefit all
species of fish and wildlife, chipmunks and song birds as well
as deer and elk, and
THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
does hereby proclaim September 28, 1991 as Hunting and Fishing
Day in Orange County to recognize the many contributions local
sportsmen and women have made to conservation, and
BE IT FURTHER RESOLVED that the Orange County Board of Commissioners
urge all citizens to join and support our sportsmen and women
in their efforts to ensure the wise use and proper management
of our natural resources to benefit future generations.
This the 17th day of September, 1991.
VOTE: UNANIMOUS
ADDED ITEM
C. PROCLAMATION - STAGE II WATER SHORTAGE ALERT
Motion was made by Commissioner Insko, seconded by
Commissioner Halkiotis to approve the proclamation as stated below which
implements Stage II Water shortage alert:
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PUBLIC PROCLAMATION
REGARDING USE OF WATER OBTAINED
FROM THE PUBLIC WATER SYSTEM
SUPPLIED BY THE ORANGE- ALAMANCE WATER SYSTEM, INC. AND
THE TOWN OF HILLSBOROUGH AND
FROM ANY RAW WATER SUPPLY WITHIN ORANGE COUNTY USED BY
THE ORANGE- ALAMANCE WATER SYSTEM, INC. AND
THE TOWN OF HILLSBOROUGH
Pursuant to the provisions of the ORDINANCE PROVIDING FOR THE
CONSERVATION OF WATER DURING A WATER SHORTAGE, RESTRICTING THE USE OF
WATER AND WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM
RESERVOIRS, I, Moses Carey, Jr., Chair of the Board of County
Commissioners, having been provided with information that the water
level of Lake Orange is more than two feet, four inches below full, do
hereby issue this PUBLIC PROCLAMATION declaring to all persons that a
stage II water shortage ALERT is now in effect applicable to users of
water from the public water system supplied by Orange Alamance Water
System, Inc. and the Town of Hillsborough and from any raw water supply
within orange County used by the orange - Alamance Water System, Inc. and
the Town of Hillsborough. The following voluntary water conservation
restrictions are now applicable:
I. Use shower for bathing rather than bathtub and limit shower
to no more than four (4) minutes.
2. Limit flushing of toilets by multiple usage.
3. Do not leave faucets running while shaving or rinsing dishes.
4. Limit use of clothes washers and dishwashers and when used,
operate fully loaded.
5. Limit lawn watering to that which is necessary for plants to
survive.
6. Water shrubbery the minimum required, reusing household water
when possible.
7. Limit car washing to the minimum.
8. Do not wash down outside areas such as sidewalks, patios, etc.
9. Install water flow restrictive devices in shower heads.
10. Use disposable and biodegradable dishes.
11. Install water saving devices such as bricks, plastic bottles
or commercial units in toilet tanks.
12. Limit hours of operation of water - cooled air conditioners.
This proclamation, and the voluntary conservation restrictions
imposed pursuant to it, shall be in effect until the ordinance entitled
"AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER
SHORTAGE, RESTRICTING THE USE OF WATER WITHDRAWALS, AND ALLOCATING
AUGMENTED STREAMFLOW FROM RESERVOIRS" is amended or repealed or until
the Chair by Public Proclamation, declares that the Stage II Water
Shortage ALERT is over.
By order of Moses Carey, Jr., Chair of the Orange County Board
of Commissioners, issued this 17th day of September, 1991.
VOTE: UNANIMOUS
E
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V. SPECIAL PRESENTATIONS - NONE
Vi. PUBLIC HEARINGS - NONE
VII. REPORTS
A. DEVELOPMENT OF HUNTING AND HUMAN RIGHTS ORDINANCES
County Manager John Link reported that for the proposed
hunting ordinance, an implementation plan will be developed and
presented to the Board for their approval at their October 22 regular
meeting. With regard to the Human Rights Ordinance, an amended
ordinance will be presented to the County Commissioners for review in
November. At this same meeting, a recommended implementation plan and
timetable for adopting the ordinance will be presented.
B. REPORT ON REGIONAL BICYCLE PLAN
Planner Gene Bell gave a status report on a proposal for a
Regional Bicycle Plan. The Board discussed the proposal at length.
Seventy -five percent of the $30,000 cost would go for education and
enforcement and twenty -five percent would go for planning bikeways.
After an extended discussion, motion was made by Commissioner
Gordon to approve Orange County's participation in the study by
providing $6,025 if all the $30,000 is used for laying out a framework
for planning and constructing new bicycle corridors as specified in the
scope of the plan. (This motion died for lack of a second).
Commissioner Insko asked that this information be forwarded
to the Transportation Advisory Committee without the obligation of
funds. She asked that the plan be revised to focus on development of
a bikeway plan.
After additional discussion by the members of the Board, a
motion was made by Commissioner Willhoit, seconded by Commissioner Insko
to not fund a study which would focus mainly on education and
enforcement but to inform the TAC that the Board agrees that efforts
should be devoted to planning for bikeways.
VOTE: UNANIMOUS
C.
OWASA IS REQUEST FOR COMMENTS - HILLSBOROUGH'S RE QUEST FOR USE
OF SIXTEEN INCH WATER LINE
In a memo from Lois Herring, Chair of the OWASA Board, dated
August 30, 1991, she asked that the Board comment on.Hillsborough's
request for use of their 16 -inch transmission line that is along the Old
Chapel Hill - Hillsborough Road and north of Davis Road.
Bob Rose, Hillsborough Town Commissioner, read a prepared
statement which is in the permanent agenda file. He emphasized that
Hillsborough has offered $250,000 for this transmission line. This line
will be used to increase the water pressure for that area served by this
line. It would still be used for transmission of water from OWASA to
Hillsborough as needed. Rose emphasized that OWASA no longer has any
use for this line.
After an extended discussion, the Commissioners asked that the
County Engineer provide them with a report on the appropriate use of
this 16 -inch line and the impact of OWASA selling this line to
Hillsborough.
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VIII. ITEMS FOR DECISION -- REGULAR AGENDA
A. BID AWARD FOR THE EFLAND- CHEEKS COMMUNITY CENTER AND PARK
Motion was made by Commissioner Halkiotis, seconded by
Commissioner Insko to approve and authorize the Chair to award the bid
to O'Neal Construction, Inc., Chapel Hill, NC for $219,724 which
includes Alternate #2 and Alternate #4. The list of bids received is
an attachment to these minutes on page
VOTE: UNANIMOUS
B. ORANGE COUNTY EFLAND- CHEEKS COMMUNITY CENTER AND PARK
Motion was made by Commissioner Halkiotis, seconded by Chair
Carey to approve and authorize the Chair to sign a lease agreement with
the Orange County Board of Education for the Efland- Cheeks Community
Center and Neighborhood Park contingent upon Manager and County Attorney
final review.
VOTE: UNANIMOUS
C. LEASE APPROVAL - HILLSBOROUGH BUSINESS CENTER
Motion was made by Commissioner Willhoit, seconded by
Commissioner Gordon to approve and authorize the Chair to sign a lease
with the Eno River Development Company for space at the Hillsborough
Business Center to be used by Durham Technical College as classroom and
office space.
VOTE: UNANIMOUS
D.
EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION POLICY
REVISIONS TO THE ORANGE COUNTY PERSONNEL ORDINANCE
Motion was made by Commissioner Gordon, seconded by
Commissioner Halkiotis to approve the revisions to the Equal Employment
Opportunity /Affirmative Action section of the Orange County Personnel
Ordinance as presented. These changes will be included in the Personnel
Ordinance located in the Clerk's Office.
VOTE: UNANIMOUS
ADDED ITEM
E. 911 CONSOLES.,! REJECTION OF BIDS
Motion was made by Commissioner Willhoit, seconded by
Commissioner Gordon to reject any and all bids received on August 16,
1991 for the purchase of a Communications Control Center consisting of
five (5) consoles for Enhanced 911.
VOTE: UNANIMOUS
IX. BOARD COMMENTS - NONE
X. COUNTY MANAGER'S REPORT
John Link introduced the new intern for the coming year Ms.
Margaret Henderson. She will be working on a strategic plan for human
services, 24 -hour courthouse, master client index file, etc.
T ;
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XI. APPOINTMENTS
Motion was made by Commissioner Willhoit, seconded by
Commissioner Gordon to approve the appointment of Moses Carey, Jr., and
Verla Insko to the Visitors Bureau.
VOTE: UNANIMOUS
Motion was made by Commissioner Gordon, seconded by Chair Carey
to approve the following appointments to the Visitors Bureau:
SHARON FINCH - CH /CARRBORO CHAMBER OF COMMERCE
KATHRYN WEBB - HILLSBOROUGH CHAMBER OF COMMERCE
GENE SWECKER - UNC
TOM ROBERTS - EDC
CHARLES ADAMS - NC HIGH SCHOOL ATHLETIC ASSOC.
RANDY MARSHALL - CARRBORO BOARD OF ALDERMEN
JULIE ANDRESEN - CHAPEL HILL TOWN COUNCIL
TED KYLE - HILLSBOROUGH TOWN COMMISSIONERS
MICHAEL FALES - ORANGE COUNTY HOTEL ASSOC.
VOTE: UNANIMOUS
Motion was made by Commissioner Gordon, seconded by Commissioner
Halkiotis to approve the appointment of Michael H. Ivey to the
Domiciliary Home Advisory Committee.
VOTE: UNANIMOUS
Motion was made by Commissioner Gordon, seconded by Chair Carey
to approve the appointment of Chris Gambill to the Human Services
Advisory Committee.
VOTE: UNANIMOUS
XII. MINUTES
Motion was made by Commissioner Gordon, seconded by Commissioner
Halkiotis to approve the minutes for the August 26th Quarterly Public
Hearing as corrected.
VOTE: UNANIMOUS
Motion was made by Commissioner Gordon, seconded by Commissioner
Halkiotis to approve the minutes for the September 3 regular meeting as
circulated.
VOTE: UNANIMOUS
XIII. EXECUTI -VE SESSION - NONE
XIV. ADJOURNMENT
With no further items for consideration, Chairman Carey adjourned
the meeting. The next regular meeting will be held on Monday, October
7, 1991 at 7:30 p.m. in the courtroom at the Old Courthouse in
Hillsborough, North Carolina.
Beverly A. Blythe, Clerk Moses Carey, Jr., Chair
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No lm:--['r
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
SUBJECT: Budget Ordinance Amendment #3
DEPARTMENT Budget PUBLIC HEARING YES NO X
ATTACHMENT(S) INFORMATION CONTACT
Proposed Budget Ordinance Budget Office, Extension 2450
Amendments TELEPHONE NUMBER
Proposed Grant Project Ordinance Hillsborough 732 -8181
Chapel Hill 968 -4501
Mebane 227 -2031
Durham 688 -7331
PURPOSE: To approve proposed grant project ordinance and budget
ordinance amendments.
BACKGROUND: (1) Every year certain designated appropriations are
not fully expended by the end of the fiscal year on
June 30. Many of these are on outstanding purchase
orders, where goods and services have been ordered
but not yet received and /or paid for. In accordance
with the new fiscal year budget funds for these
purchases are reappropriated in the new budget. Funds
for certain other planned expenditures, not
encumbered, are set aside as a reserved portion of
fund balance. In order to carry this year's items
forward and authorize their expenditure in 1991 -92, it
is necessary for the Board to approve the attached
technical amendment.
(2) The Recreation and Parks Department has received a
total of $595 in donations for use in supporting the
Senior Games program. The attached budget amendment
will appropriate these funds to help support the next
Senior Games.
(3) The Sheriff's Department has received $7,302. This is
federal forfeiture for a drug seizure and will be used
for special operations in the Sheriff's Department.
(4) The Health Department has received $1,500 from the
UNC School of Dentistry for reimbursement of county
supplies used by the school. The attached budget
amendment will allow the Dental program to replenish
their supplies.
`A
(5) The Commission for Women has received $200 from the
Chapel Hill Carrboro Council for Women0s
Organizations. This money will allow the Commission
to sponsor support programs for women in Orange
County.
(6) The Domestic Violence program has been notified that
it will receive an additional $2,975 in State grant
funds for the 1991 -92 fiscal year. The attached grant
project ordinance will increase appropriated grant
funds from $38,454 to $41,429 and authorize program
expenditures through June 30, 1992.
(7) The Little River Fire District has received a grant
from the Greater Triangle Community Foundation for
$1,521. This grant will be used to pay costs
associated with a Community Emergency Communication
Awareness Project. The attached budget amendment will
appropriate these funds to the fare district.
RECOMMENDATION(S):
The Manager recommends that the Board approve the attached
amendments to the 1991 -92 Budget Ordinance and approve the
attached Domestic Violence Program Grant Project
Ordinance.
a
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ORANGE COUNTY
1991 -92 BUDGET AMENDMENTS
The 1991 -92 Orange County Budget Ordinance, as amended, is hereby
amended as follows:
AFTER
AMENDMENT
$ 487,639
682,898
2,254,554
1,250,997
2,467,667
2,031,420
715,153
213,048
105,564
51,000
$ 142,810
11,914,639
$ 7,082,864
3,255,477
BEFORE
AMENDMENT
AMENDMENT
GENERAL FUND
(1) Source:
Appropriated From
Fund Balance
$ 373,821
$ 113,818
Appropriation:
Community Maintenance
668,698
14,200
General Administration
2,229,554
25,000
Community Planning
1,229,997
21,000
Public Works
2,430,877
36,800
Contributions to
Outside Agencies
2,019,029
12,391
Miscellaneous
710,726
4,427
COUNTY CAPITAL RESERVE
FUND
Source:
Appropriated From
Fund Balance
138,688
74,360
Appropriation:
General Administration
82,204
23,360
Public Works
0
51,000
To budget for prior year
fund balance
reservations.
(2) GENERAL FUND
Source:
Miscellaneous
$ 142,215
$ 595
Appropriation:
Human Services
11,914,044
595
To budget for Senior Games donations.
(3) GENERAL FUND
Source:
Intergovernmental
$ 7,075,661
$ 7,203
Appropriation:
Public Safety
3,248,274
7,203
To budget for federal forfeitures.
AFTER
AMENDMENT
$ 487,639
682,898
2,254,554
1,250,997
2,467,667
2,031,420
715,153
213,048
105,564
51,000
$ 142,810
11,914,639
$ 7,082,864
3,255,477
ti
2
(4) GENERAL FUND
source:
Intergovernmental
$ 7,082,864
$ 1,500
$ 7,084,364
Appropriation:
Human Services
11,914,639
1,500
11,916,139
To budget for additional Dental program
revenues.
(5) GENERAL FUND
Source:
Miscellaneous
$ 142,810
$ 200
$ 143,010
Appropriation:
Human Services
11,916,139
200
11,916,339
To budget for additional Commission
for Women revenues.
(6) See attached Domestic
Violence Grant
Project Ordinance.
(7) LITTLE RIVER FIRE DISTRICT FUND
source:
Miscellaneous
$ 0
$ 1,521
$ 1,521
Appropriation:
Remittance to Little
55,042
1,521
56,563
River Fire District
To budget for Greater
Triangle Community
Foundation
grant.
BUDGET AMENDMENT NUMBER: 3
5
DOMESTIC VIOLENCE PROGRAM
GRANT PROJECT ORDINANCE
Be it ordained by the Board of Commissioners that pursuant to
Section 13.2 of Chapter 159 of the General Statutes of North
Carolina, the following grant project is hereby adopted.
Section I. The project authorized addresses the needs of
women and children in Orange County who are
victims of domestic violence as awarded to the
Orange County Sheriff's Department by the North
Carolina Department of Crime Control and Public
Safety.
Section 2. The officers of the County are hereby directed to
proceed with the grant project within the grant
document, the rules and regulations of the
North Carolina Department of Crime Control and
Public Safety and the budget contained herein.
Section 3. The following revenues are anticipated to be
available to complete this project:
Intergovernmental -
Domestic Violence $ 41,429
Section 4. The following amounts are appropriated for this
project:
Public Safety - Domestic $ 41,429
Violence
Section S. This ordinance supersedes all previous Domestic
Violence Grant Project Ordinances.
Section B. The finance officer is hereby directed to
maintain within the Grant Project Fund sufficient
specific detailed accounting records to provide
the accounting to the grantor agency required by
the grant agreement and federal and state
regulations.
Section 7. Funds may be advanced from the General Fund for
the purpose of making payments due.
Reimbursement requests should be made to the
grantor agency in an orderly and timely manner.
I
0
8
Section S. Copies of this grant project ordinance shall be
made available to the finance officer for
direction in carrying out this project.
Section 9. This ordinance is effective July 1, 1991-
Adopted this 17 day of September, 1991.
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No.�
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
SUBJECT: Additional In -Home Care Provider Agreements
DEPARTMENT: Aging
ATTACHMENTS:
Sample Provider Agreement
PUBLIC HEARING YES: NO: X
INFORMATION CONTACT:
Jerry M. Passmore
TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill - 967 -9251
Mebane - 227 --2031
Durham - 688 -7331
Extension 2000
PURPOSE:
To request approval to add Medical Personnel Pool and
Triangle Home Health Care, Inc. to the group of In -Home care
providers used to provide service as funded through contract
with Triangle J Council of Governments, at a rate not to
exceed $9.50 per service hour.
BACKGROUND:
Triangle J Council of Governments will provide a total of
$23,043 in federal and state funds for In -Home care. The
match of $2,560 has already been budgeted by the Department
on Aging.
The County Departments of Aging and Social Services have
identified a need for short -term relief for caregivers of
clients who do not have funds or have limited amounts to pay
for assistance. These are family situations where the older
member cannot be left alone due to a mental or physical
condition. Additionally, a need has been identified for the
performance of critical tasks in order to maintain self
sufficiency within the home - such as shopping, preparing
meals and cleaning. In order to spend all of the funds
available and maintain a quality provider pool, several
providers will be utilized. The In- Home.care program will be
administered by the Department on Aging but coordinated by
the interdepartmental Case Management Team (Aging and Social
Services).
RECOMMENDATION(S):
Manager recommends approval and Chair to sign provider
agreements.
1
11
N
SAMPLE
ORANGE COUNTY IN -HOME CARE
PROVIDER AGREEMENT
This is to certify -that Medical Personnel Pool Home Heal_thA_encY
(Name of Agency)
herein after known as the Provider agency, located at
3326 Chapel Hill Blvd., Building A, Suite 230 Durham, N.C. _27707
(Address)
on this first day of July, 1991 agrees to participate as a provider in
the Orange County Elderly In -Home Care Program for the period July 1,
1991 through June 30, 1992.
1. The Provider agency agrees to provide necessary In -Home Care at
Levels I, II and III to approved recipients at a rate not to
exceed $ 9.50 per hour upon the request of the Orange County
Department on Aging's Care Management Program, hereinafter known
as the lead Administrative Agency.
2. The Provider agency agrees to meet all service provision
standards for In -Home Care Levels I, II and III, such as training
as required by the State of North Carolina and provide
documentation upon request. (Attachment A)
3. The provider agency agrees to provide the In -Home Care service
within ten working days from the beginning service date specified
in the Purchase of Service Authorization on each approved
recipient. (Attachment B)
4. The provider agency agrees to ensure that such records as
necessary are kept to fully disclose the extent of the service
provided to recipients for four years and available for
inspection.
5. The Provider agency agrees to submit a monthly bill for services
rendered payable within 30 days from date of receipt.
6. The Provider agency agrees to adhere to the Inter - agency Long Term
Care Management Procedures in the provision of the service.
(Attachment C)
7. The Provider agrees to indemnify and save harmless Orange County,
its agents and employees from and against any and all loss, cost,
damages, expense and liability caused by the failure of the
Provider to fully perform its obligations under this agreement and
in accordance with its terms; or by an accident or other
occurrence causing bodily injury, including death, sickness,
products or services rendered under this Agreement.
Provider shall maintain general liability insurance with
limits no less than $100,000 /occurrence. Certificates of
Insurance reflecting such coverage must be furnished to
Orange County and shall contain the provision that Orange
county will be given thirty days written notice of any intent
to amend or terminate such policies by either the Provider or
the insuring company.
1
' 8. This Agreement may be terminated by Orange County upon giving
30 days prior written notice or by the Provider agency upon
giving 30 days prior written notice. However, Orange County
may immediately suspend a provider agency for violations of the
rules or regulations that govern the program or this agreement.
Lead Administrative Agency
By:
Signature of Authorized Agent
Title of Authorized Agent
Date:
FN:PROVIDER.DOC
Provider Agency
By:
Signature of Authorized Agent
Title of Authorized Agent
Date:
4 r
ATTACHMENT A
NORTH CAROLINA DIVISION OF AGING
IN -HOME AIDE SERVICES
POLICIES AND PROCEDURES
Policies and procedures are enclosed and available at the
Orange County Department on Aging.
I
r
-ORANGE COUNTY IN -HOME CARE PROGRAM
administered by
Orange County Department on Aging
PURCHASE OF SERVICE AUTHORIZATION
I. Client Information
Name: Tel.:
Address:
Caregiver Name:
Client MIS information attached.
II. In -Home Service Information
Authorization Date:
Authorized service from:
Rate:
Attachment B
Relationship,
Total approved Hours:
To:
The provider:
is authorized to claim reimbursement as follows:
Code frequency cost (monthly)
Total Cost:
Adee Turner, Care Manager
authorized signature
This authorization supplements /replaces previous
authorization dated:
A monthly bill should be sent to: Dept. on Aging
Care Management Program
410 Caldwell St.
Chapel Hill, N.C. 27516
FN:RespFrm2 919 -968 -4478
05/91
s
ATTACHMENT C
INTER - AGENCY LONG TERM CARE MANAGEMENT PROCEDURES
The Orange County Department on Aging provides Long-Term Care
Management to all county residents who are sixty years of age
and older. It is the process in which the individual is
linked to an array of services appropriate to the assessed
needs and based on a plan of care specific to the individual.
Long Term Care Management provides ongoing support and
follow -up to assure an awareness of changes in status for a
prolong period, provide smooth coordination of services and
avoid unnecessary duplication.
Care Management differs from case management in that is
comprehensive and long term. Whereas, case management is
service or agency specific. --
In order to more effectively coordinate client services and
ensure continued appropriateness of services, the following
inter - agency care management procedures are instituted:
1. Update the referral source - DOA Care Management Team
periodically on the situation of the requested service
from DOA.
2. Do not refer to another service area within the Provider
agency without conferring with the referral,source - DOA
Care Management Team.
3. Notify the DOA Care Management Team promptly when a
specific Provider service is terminated, giving the
date, if possible.
4. The DOA Care Management Team should always be notified
when there is a problem or change in providing the
agency service to the client: whether on the part of
the agency or the client.
5. Purchased services should never be terminated or altered
without appropriate discussion with the DOA Care Manage-
ment Team.
FN:LTCPROCE.DOC
6 '
I
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. = Q.
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
SUBJECT: Approval of Memorandum of Understanding for
Provision of Legal Services to the Elderly
DEPARTMENT: Aging PUBLIC HEARING YES: NO: X
ATTACHMENTS:
Memorandum of Understanding
with North State Legal
Services
INFORMATION CONTACT:
Jerry M. Passmore
TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill - 967 -9251
Mebane - 227 -2031
Durham - 688 -7331
Extension 2000
--------------- -
PURPOSE:
To request approval to renew Memorandum of Understanding
.with North State Legal Services for provision of legal
counseling and assistance for Orange County residents sixty
years and older who exceed North State's income eligibility
guidelines but who cannot afford seeking legal services
from the private sector.
BACKGROUND:
The Older Americans Act, whose funds are distributed
to this county through contract with the Triangle J Council
of Governments, requires that a minimum amount of those
funds be used to provide legal services. The required
expenditure in Orange County, as stated in the Fiscal
Year 1992 contract, is $1,539 with $171 of local match.
North State Legal Services has agreed to provide the
required service at the rate of $25.00 per service unit
hour.
RECOMMENDATION(S):
Manager recommends approval and requests Chair to sign
Memorandum.
1
2
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, is entered into this first day of July,
1991 between-NORTH STATE LEGAL SERVICES, INC. (hereinafter
referred to as NSLS) and the ORANGE COUNTY DEPARTMENT ON
AGING, (hereinafter referred to as OCDOA). The period and
duration of the Agreement shall be from July 1, 1991 to June
30, 1992.
W I T N E S S E T H:
WHEREAS, OCDOA desires to engage NSLS to render certain
technical and professional services hereinafter described in
connection with an undertaking which is expected to be funded
under Title III of the Older Americans Act:
NOW THEREFORE, the parties hereto mutually agree as
follows:
1. NSLS shall do, perform, and carry out in a satis-
factory and proper manner the various services
described below. These services shall be carried
out by a licensed attorney or under the supervision
of a licensed attorney.
(a) To provide 69 units of direct legal services to
persons age 60 years and older who are residents
of Orange County, North Carolina, and who do not
present fee - generating legal cases. Eligibility
for such services will be determined without
regard to the client's income.
(b) Direct services for clients will include: civil
representation in court and administrative
proceedings; negotiations on behalf of clients;
preparation of legal documents, e.g. wills;
powers of attorney; contracts; legal pleadings;
legal counseling and /or advice; and referral of
clients to appropriate social service agencies.
Services will be provided to clients presenting meritorious
cases in the following areas:
i. Preparation of Wills, Powers of Attorney,
- Contracts.
ii. Preparation of Legal Pleadings.
iii. Food Stamps, Medicare, Medicaid and Social
}
Security Benefits problems.
iv. Housing Evictions and Repair.'Prablems.
v. Age and Handicapped Discrimination in Employment
and Housing.
3
vi. Adult Abuse and Nursing Home Problems.
vii. Bankruptcies.
Viii. Consumer and Utility Problems
(c) Program services will be performed in such a
manner so that elderly clients will have access
to such services. Eligible clients may obtain
Program services at the Hillsborough office of
NSLS at 114 W. Corbin Street or at a community
location or an individual's home in Orange
County.
2. OCDOA will reimburse NSLS at a rate of $25.00 for
each unit of service provided up to a maximum of
69 units of service during the contract period.
Total OCDOA reimbursement will be $1,725.00, con-
tingent upon provision of 69 units of service. A
unit of service is defined as one case hour of legal
service, whether or not the work is spent in the
presence of the client.
3. NSLS will advise all clients served pursuant to this
agreement that they may make a contribution to the
- program. The form to be used by NSLS for this
purpose is attached hereto as Attachment 1.
4. NSLS agrees to provide monthly statistical reports
with a cover invoice requesting reimbursement to the
OCDOA for submission to Triangle J Council of
Governments for payment of services provided. OCDOA
in turn will reimburse NSLS at the reimbursement
rate of $25.00 per service unit reported. The
statistical report form to be used by NSLS for this
purpose is attached hereto as Attachment 2 and the
instructions for completing the form is
Attachment 2A.
5. Nothing in this Agreement shall be construed so as
to conflict with the primary contract entered into
by OCDOA and the Triangle J Council of Governments.
To that end, those terms contained in the above -
mentioned contract are specifically included in this
Agreement and incorporated herein by reference as if fully set
out. Nothing in this Agreement shall be construed so as to
require NSLS or its' attorneys to violate the attorney /client
relationship as governed by the Rules of Professional Conduct
as enacted in the State of North Carolina.
6. At regular intervals, the parties to the Agreement
will discuss the services provided under the
Agreement to correct problems and make necessary
adjustments.
M
IN WITNESS THEREOF, NSLS and OCDOA have executed this
Agreement as of the date first above written.
Orange County Government
By
Chair or Designated Official
Date
North State Legal Services
By
Chair or Designated Official
Date
I'
A
R
Attachment 1
ORANGE CODNTY DEPARTMENT ON-AGING
DONATION POLICY
MAY Of the Department on Aging services funded with th tax
funds are provided without charge to older residents
(60 +) and
their families. However, a few programs, especially co-sponsor-
ed with other agencies,, require a minimal fee.
The DePartment on Aging gladly accepts donations which are
received in two convenient ways: (1) mailed to the Orange County
Department on Aging, 300 West Tryon Street, Hillsborough, NC 27278
or. (2) placed in the Department Suggestion Box located at the
reception area of the Hillsborough or Chapel Hill- Carrboro Senior
Centers. Donation envelopes as well as a Suggested Donation Guide
i are available upon request from DOA staff...
SCS APProved 9/18/86
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INSTRUCTIONS FOR COMPLETING
MONTHLY STATISTICAL REPORT
Attachment 2A 7
Monthly statistical reports are required by the Division of
Aging Services to document all Title III funded services.
For most services, providers are regquired to submit the name
and social security number of each recipient. However, due
to lawyer /client confidentiality, that requirement
for the provision, of Legal services. is waived
In completing the form provided as Attachment 3, the Legal
service provider should assign each case an anomynous cede,
not.to exceed nine digits or characters. Thi
listed in the social security code should be
form. y number column of the report
The number of units of service should be recorded on the day
provided. Units are to be totaled per
Person
Reimbursement will be made based on the total un itseo flay.
service recorded for the month. The form must be signed and
dated. Please submit the original form to the Department or,
Y� Aging no later than the fourth working day of the following
mont h. lowin g
A
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: 9 117191
SUBJECT: Tax Refund - ,Requests
DEPARTMENT: Assessor's Office
ATTACHMENT (S) :
PURPOSE:
BACKGROUND:
Individual Request
1
Action Agenda
Item No. I TT-
PUBLIC HEARING : - Yes X No .
INFORMATION CONTACT:
TELEPHONE NUMBER:
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane - 227 -2031
Durham - 688 -7331
To consider 20 request for property tax refunds.
General Statutes 105 -381 (b)
Action of Governing Body - Upon receiving a taxpayers written statement
of defense and request for release or refund, the governing body of the
Taxing Unit shall within 90 days after receipt of such a request determine
whether the taxpayer has a valid defense to the tax imposed or any part
-thereof and shall either release or refund that portion of the amount
that is determined to be in excess of the current liability or notify
the taxpayer in writing that no release or' refund will be made.
- w -
RECOMMENDATION(S): The manager's recommendation for each tax refund is stated
on the individual request.
I
�i
MAP #
TRACT #
ACCOUNT # 89001246
BILL # 8954865
RATE CODE 21
� l
Yeh, Chin -ho
2F, #3, 105 Lane, Chendu Rd.
Taipei, Taiwan
COMMENT: Taxpayer penalized $100 for failing to list motor vehicle
in 1989. Letter under separate cover requesting a refund or
release of the penalty. A review of tax records for past two
years indicate the following:
Mr. Yeh was not here for 1 -1 -88
He has late listed for 1990 & 1991
He owes 1991 tax - other years have been paid
REFERENCE: G5 105- 312(hl)
ACTION REQUESTED: Refund /Release $100 motor vehicle penalty.
RECOMMENDATION:
•;3 ;
DATE:
Approve
v I
I a
1 lk
3
MAP #
TRACT #
ACCOUNT # 89000336
BILL # 8954171
RATE CODE 10
Cross, Calvin Leland Jr.
1800 Eastwood Rd 0216
Wilmington, NC 28403
COMMENT: Taxpayer penalized $100 for failing to list motor vehicle
in 1989. Letter under separate cover requesting a refund or
release of the penalty. A review of tax records for past two
years indicate the following:
87 - No listing - not on DMV book
88 - LL '76 BMW on 9/22/88 - PD $26.91 on 11/14/88 -
acct #135680
89 - Assessed for '76 BMW with $100.00 penalty -
paid $27.49 on 4,,3/90
90 - No listing - on 1990 DMV book for a '76 BMW value
$2,460.00
REFERENCE: GS 105- 312(h1)
ACTION REQUESTED: Refund /Release $100 motor vehicle penalty.
RECOMMENDATION:
ORDER:
DATE:
Approve
4
MAP # 481.15..15
TRACT # 800072
ACCOUNT # 47828
BILL # 9053650
RATE CODE 88
McArthur, Douglas R
501 Colony Woods Dr.
Chapel Hill, NC 27514
COMMENT: Over assessment of value by Durham Co. was billed for 1987
Jaguar and should have been 1987 Sterling.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund tax overpayment for 1990 per 8 -12 -91 report
from Durham County.
Valuation 13,410
G2 - 81.97 Total Refund
RECOMMENDATION: Approve
10 -13"t
DATE:
e ■
r
MAP #
TRACT #
ACCOUNT # 159110
BILL # 91 -54192
RATE CODE 22
[ ]
Lodge At Harvard Square
165 University Ave.
Westwood, M.A. 02090
5
COMMENT: Requesting a refund of 768.32 for overpayment of 1990 taxes.
Amended tax listing sent in because the original tax return
contained information related to a Lodge store other than the
one located in Orange County.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Valuation 44,072
GO
337.15
GO LL
41.54
G2
269.39
G2 LL
26.94
CH
78.23
Int.
15.07
RECOMMENDATION: Approve
ORDER:
DATE:
768.32 Total Refund
A
MAP '# 8.491A.4.2.52
TRACT # 800383
ACCOUNT # 145792
BILL # 9053740
RATE CODE 88
Nevil, Catherine E.
166 Summerwalk Circle
Chapel Hill, NC 27514
COMMENT: Refund requested due to personal property being double billed
and paid. Personal property listed in Wake County per Marvin
8 -26 -91 (Durham County).
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: $5,330.00 total valuation
G2 - 32.58
Total Refund $32.58
RECOMMENDATION: Approve
m7 y"'.
DATE:
15 E
MAP #
TRACT #
ACCOUNT #
BILL #
RATE CODE
Holmes, Bennie
3910 -A Freedom Ct.
A.P.G., Md. 21005
161016
COMMENT: Request for refund for 1990 taxes on 1988 Chev. Corsico,
$7,070 value. Home of record Florida, per leave and earnings
statement. Military Exempt.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund in Amt. of $122.36
GO -
GO -LL
Int.
G1 -
G1 -LL
Int.
CH -
Int .
RECOMMENDATION: Approve
ORDER:
DATE:
54.09
- 6.66
1.22
42.42
- 4.24
.93
12.55
- .25
$122.36
N
M
MAP # 7.120..35 -37
TRACT # 740061
ACCOUNT # 141.185
BILL # 50902,903,904
RATE CODE 19
Orange Affiliated Partners
Suite 280
20 West Colony Place
Durham, NC 27705
[ l
COMMENT: Orange Affiliated Partners dedicated three parcels tc: Orange
County for public use in May 1989 but the values were not
adjusted and OAP was billed for 1990 and 1991 taxes. The
1991 bill has been released.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund 1990 Property tax overpayment.
Total valuation 119,549
GO - 914.54
CH - 212.19
FK - 66.94
$1,193.67 Total Refund
RECOMMENDATION: Approve
DATE:
I J!
MAP #
TRACT #
ACCOUNT #
BILL #
RATE CODE
( ]
A -Ok Home Service Inc.
P.O. Box 627
Carrboro, NC 27510
140297
9046866
COMMENT: Requesting a refund for overpayment of taxes for 1989 -1990
taxes. Taxes were based on rate code 21 due to a Carrboro P.O.-Box
address. Location of Business an 1 -1 -89 was 105 Antler Point Rd,
Chapel Hill. Tax map reference 7.122.a.10D with a rate code 04.
Reference: G.S.105- 381(a)(1)a. A tax imposed through clerical error.
ACTION REQUESTED:
Billed As: $1417.84
89 90
GO 334.21 359.42
G1 275.37 281.90
CH 83.55 83.39
693.13 724.71
Total Refund 552.02
RECOMMENDATION: Approve
DATE:
Should have been: 935.82
89 90
GO 334.21 359.42
FC 37.66 37.59
CH 83.55 83.59
455.42 480.40
9
10
MAP #
TRACT #
ACCOUNT # 48195
8833208
BILL # 8953437
RATE CODE 03
Kimrey, Douglas J.A. &
Pamela R.
1148 Olin Rd.
Cedar Grove, N.C. 27231
COMMENT: Taxpayer listed leased car in error for 1989 & 1990 listed
on account # 140877 Pacific Auto lease co.
REFERENCE: G.S.105-381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund amount paid on leased car.
1990
1989
Total
RC 03
RC 03
Value
8,400
Value
8,890 GO: 127.38
FB: 5.19
GO:
64.26
GO:
63.12 132.57
FB:
2.52
FB:
2.67
66.78
65.79
RECOMMENDATION: Approve
ORDER:
DATE:
I
MAP #
TRACT #
ACCOUNT #
BILL #
RATE CODE
Clark, Neidra Lynn
3809 Old Greensboro Rd.
Chapel Hill, NC 27516
152713
907622
COMMENT: Refund request for difference amount of $15.18 for 1990.
Account was rate coded at 04 and should have been 01. Lived at tract
6.35..14 on 1 -1 -90 which was not given at time of listing.
Reference: G.S.105-- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund $15.18
01
04
GO 63.95
GO 63.95
FL 6.35
FC 6.69
70.30
CH 14.84
85.48
RECOMMENDATION: Approve
ORDER:
DATE:
11
MAP #
TRACT #
ACCOUNT #
BILL #
RATE CODE
Chapel Hill Podiatry Clinic
1777 Durham Chapel Hill Blvd.
Chapel Hill, NC 27514
74111
9048018
COMMENT: Requesting a refund of $1,963.22 for overpayment of 1989 -1990
taxes. Amended tax listing sent in for these two years to correct
duplicate listings of leased equipment.
Reference: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED:
89 Valuation
59,381
GO 421.61
G2 338.47
CH 105.40
865.48
90 Valuation
70,651
540.48
431.85
125.41
1097.74
RECOMMENDATION: Approve
ORDER:
DATE:
Totals
865.48
1097.74
$1963.22 Total Refund
r
12
r
MAP #
TRACT #
ACCOUNT #
BILL #
RATE CODE
Hoffman Research Assoc Inc,
F.O. Box 1139
Chapel Hill, NC 27514
42529
9052965
COMMENT: Requesting a refund of $1,144.02 for overpayment of 1990 -1987
taxes. Amended tax listing sent in for these four years to correct
duplicate listings of leased equipment.
Reference: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED:
90 valuation
27,742
GO 212.23
G1 166.45
CH 49.24
427.92
89 Valuation
20,968
148.87
122.66
37.22
308.75
Totals
427.92
308.75
344.39
62.96
51,144.02 Total Refund
RECOMMENDATION: Approve
ORDER:
DATE:
88 Valuation
25,397
153.91
148.57
41.91
344.39
87 valuation
4,643
24.14
27.16
7.66
62.96
13
MAP # 7.108..37A
TRACT # 718815
ACCOUNT # 51126
BILL #
RATE CODE 04
� l
Marvin & Mary Cheek
5824 Morrow Mill Rd.
Chapel Hill, NC 27514
COMMENT: Same duplex house included on two separate tracts. Should
be on tract #701105 only. Refund on above reference tract.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund for 1987 - 1990 - Release for 1991.
Valuation = $91,532
1987
GO 53-4—.68
CH 151.02
FF 69.56
775.26
1988 1989 1990
590-38 6T9787 7 700.21
162.46 162.46 162.46
826.06 885.55 935.89
RECOMMENDATION: Approve
ORDER:
10f11NIS
Total Refund
638.40
2_89.22
3.422.76
r
14
A ■
[ ]
Roe, Cheryl Ann
1201 Dawson Rd
Chapel Hill, NC 27516
MAP #
TRACT #
ACCOUNT # 118029
BILL #
RATE CODE _RC was 19
should have
been RC 01
COMMENT: Requesting refund due to being rate coded incorrectly for
1990. The land owners name (put on abstract) owns 2
different tracts. Cheryl Roe was rate coded under 7.120..7L
rate code 19 and should have been rate coded under 6.39..14
rate code 01.
REFERENCE: G.S.105- 381(a)(1)a. A tax imposed through clerical error.
ACTION REQUESTED: Rate Code 19
Go 66.78
FK 4.89
Rate Code 01
GO 66.78
EL 6.63
73.41
87.17
Difference - $13.76 total refund due.
RECOMMENDATION: Approve
ORDER:
DATE:
■tJ
MAP # 6.8..16A
TRACT # 619200
ACCOUNT # 104225
BILL # 16647 (1990)
RATE CODE 10
[ ]
Henry D. Hagood
5001 Nicks Rd.
Mebane, NC 27302
COMMENT: Above reference tract was incorrectly entered into computer
as 5.41 acres and appraised accordingly. Tract is actually
2.27 acres.
REFERENCE: G.S.105- 381(a)(1)a. A tax imposed through clerical error.
ACTION REQUESTED:
Released bill
for 1991 and issued new bill.
Refund for 5 years
1986 -
1990.
1986
Valuation
difference
= $10,786
1987
Valuation
difference
= $ 5,246
1986
1987
1988
1989
1990
Total
GO 70.10
31779
33.83
37.24
40.13
213.09
FF 4.31
2.09
2.09
.2.62
2.62
13.73
74.41
33.88
35.92
39.86
42.75
226.82 Refund
RECOMMENDATION: Approve
ORDER:
DATE:
(
16 1
3 ■
i
MAP # 1.21..20B
TRACT # 100807
ACCOUNT # 269
BILL #
RATE CODE 15
[ ]
Ronald Gregory
5504 Walkers Farm Rd.
Hillsborough, NC 27278
COMMENT: House was measured incorrectly. Corrected for 1991, refund
for 1990.
REFERENCE:G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund for 1990.
Valuation - $8,934
GO - 68.34
FH - 3.57
$71.91 Total Refund
RECOMMENDATION: Approve
Cs1joIcla
DATE:
17
18
MAP #
TRACT #
ACCOUNT #
BILL #
RATE CODE
Harold & June Glasser
7 Terrace Court
Ballston Lake, N.Y. 12019
737172
154655
22
COMMENT: Owner mistakenly listed two automobiles in 1990 with his
his real property. He lives in New York, where his auto-
mobiles were located in January 1990.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Re
83
GO
CH
G2
fund property for overpayment for 1990.
Honda - $3,340 & 87 Honda - $6,070 = $9,410
- 71.98
- 16.70
- 57.51
$146.19 Total Refund
RECOMMENDATION: Approve
m' 11 iIF
iJ���
c
I e
MAP # 7
TRACT #
ACCOUNT # 153858
BILL # 9036955
RATE CODE
Shannon, James E.
109 W. Shadowood Dr.
Chapel Hill, NC 27514
COMMENT: Mr. Shannon listed his car for 1990 without giving a VIN #
so therefore it was price as the highest Subu XT.
Value should be $8,650 not $9,270.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund tax overpayment for tax year 1990.
GO - 4.75
G2 - 3.79
CH - 1.10
Diff. of - $9.64 total refund due.
RECOMMENDATION: Approved
ORDER:
DATE:
Wi
i
20
MAP # 7
TRACT #
ACCOUNT # 90000729
BILL # 9066048
RATE CODE _
Stack, Alicia M.
921 Jones Cove Rd. Apt F -4
Clyde, NC 28721
COMMENT: Ms. Stack was assessed for a 1980 Toyt. in 1990. Value of
vehicle was $1,460. She actually lived and paid taxes in
Haywood County.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund tax overpayment for tax year 1990 only.
GO
GOLL
Int
G1
G1LL
Int
CH
Int
11.17
1.38
.35
8.76
.88
.27
2.59
.07
$25.47
RECOMMENDATION: Approved
• : b14'J
DATE:
c
21
MAP # 7
TRACT #
ACCOUNT #
BILL # 893693 &
8$22135
� RATE CODE
Northern Telecom Finance
Corp. Accounting Dept.
220 Athens Way
Nashville, TN 37228 -000
COMMENT: Taxpayer listed equipment in Orange County. Equipment was
also listed in Chatham County, where it is located.
REFERENCE: G.S.105- 381(a)(1)b. An illegal tax.
ACTION REQUESTED: Refund taxes paid for 1988 & 1989
1988 1989
GO 290.17 GO 238.38
G2 263.18 G1 191.37
CH 79.85 CH 59.59
633.20 489.34
Total Refund $1122.54
RECOMMENDATION: Approved
ORDER:
DATE:
F
I4
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No. 2Z__9
Meeting Date: September 17, 1991
SUBJECT: Professional Services Contract -- Dental Services for Headstart
DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No
ATTACHMENT(S):
Agreement Between Wake County
Opportunities, Inc. and the
Orange County Health Department
INFORMATION CONTACT:
HEALTH DIRECTOR'S OFFICE X 2411
TELEPHONE NUMBER:
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane - 227 -2031
Durham - 688 -7331
PURPOSE: To authorize the renewal of an existing contract for the Health
Department Dental clinic to provide dental services to the
children attending the Cedar Grove Headstart Center operated by
Wake County Opportunities, Inc.
BACKGROUND: This renewal agreement shall run for a one -year period from the
1st day of October, 1992, to the 30th day of September, 1993. The
advanced commitment has been requested by Wake County because of
their need to submit documentation for the support of their
biennial application period. The terms are identical with the
existing agreement except for paragraph 3 which has increased the
revenue to the Department from $5,600 to $6,000.
RECOMMENDATION(S): The Manager recommends that the Commissioners approve the
contract and authorize the Chair to sign.
4
PA
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
AGREEMENT BETWEEN
WAKE COUNTY OPPORTUNITIES, INC.
AND
THE ORANGE COUNTY HEALTH DEPARTMENT
THIS AGREEMENT is made and entered into this the seventeenth day of
September, 1991, by and between Wake County Opportunities, Inc. of Raleigh,
North Carolina, for its Headstart Program referred to as "Headstart "; and
the Orange County Health Department of Hillsborough, North Carolina, for its
Dental Clinic hereinafter referred to as "Dental Clinic."
WITNESSETH:
WHEREAS, Headstart desires the services of the Dental Clinic to provide
dental services to the children who are enrolled at the Cedar Grove Center;
WHEREAS, the Dental Clinic wishes to provide dental services for
Headstart;
NOW, THEREFORE, in consideration of the premises and the following
mutual promises, covenants, and conditions, Headstart and the Dental Clinic
agree as follows:
1. The Dental Clinic will provide dental examination, assessment,
treatment, and education services for approximately eighty (80) children,
3 -5 years old, enrolled at the Cedar Grove Center.
2. The Dental Clinic will assure that its employees and contract
officers are covered with professional liability insurance while rendering
services to the Headstart children.
3
Between Wake County Opportunities, Inc.
and Orange County Health Department
Page 2 of 3
3. The Dental Clinic will submit a bill in an amount of six thousand
dollars ($6 000.00) to: Health Coordinator
Wake - Orange and Chatham Head Start
Wake County Opportunities, Inc.
568 East Lenoir Street
Raleigh, North Carolina 27601
4. Headstart will transport and supervise children to the Dental
Clinic in numbers and at times mutually agreed upon by Headstart and the
Dental Clinic.
5. Headstart agrees to provide automobile liability insurance during
the transport of the children to and from the Dental Clinic; and agrees to
hold the Dental Clinic harmless during such transport.
6. Headstart agrees to supply copies of necessary eligibility
determination forms, medicaid cards, medical and dental history, and record
forms (CAP - H.S. --30) for the Dental Clinic to provide, document, and bill for
services rendered.
7. Upon receipt of a bill from the Dental Clinic, Headstart agrees
to make a check payable to the Dental Clinic of the Orange County Health
Department and address it to:
Mr. Daniel B. Reimer, Director
Orange County Health Department
Post Office Box 8181
Hillsborough, North Carolina 27278
8. In the event that the Dental Clinic shall cease or significantly
reduce the level of service below the objectives set out in section one (1)
of the agreement, Headstart may terminate this Agreement; and the Dental
Clinic agrees to return to Headstart a pro rate share of the payment for
services not provided.
4
Between Wake County Opportunities, Inc.
and Orange County Health Department
Page 3 of 3
9. This Agreement shall run for a period of one year, from the 1st day
of October, 1992, to the 30th day of September, 1993, and shall be renewable
thereafter.
10. This Agreement or its renewals may be terminated at any time
without penalty by either party provided that written notice of such
termination is furnished to the other party at least sixty (60) days prior
to termination. In the event of such termination, any payment made or
payment due shall be prorated to the date of termination.
IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in
their official capacities on the day and year listed below.
FOR AND ON BEHALF OF:
WAKE COUNTY OPPORTUNITIES, INC.
Executive Director
Date
FOR AND ON BEHALF OF:
THE ORANGE COUNTY HEALTH DEPARTMENT
Daniel B. Reimer
Health Director
Date
This instrument has been preaudited in
the manner required by the Local
Government Budget and Fiscal Control Act
Kenneth T. Chavious, Director
Orange County Finance
Date
Moses Carey, Jr., Chair
Orange County Board of Commissioners
Date
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No.F
Meeting
SUBJECT: Comprehensive Housing Affordability Strategy
------- - - - - --
DEPARTMENT: - Housing /Community Dev. PUBLIC HEARING YES:
----------- - - - -- _____ _ __ _ -- --
ATTACHMENT(S): W - - INFORMATION - CONTACT:- Tara -L. Pikes
TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane - 227 -2031
_ - __ Durham - 688 -7331
PURPOSE: To establish October 7,- 1991 -as -a public- hearing date to
receive citizen comments regarding the Consolidated
Comprehensive Housing Affordability Strategy for Orange
County.
BACKGROUND: Under the new National Affordable Housing Act of 1990, the
U.S. Department of Housing and Urban Development requires
local jurisdictions to prepare a Comprehensive Housing
Affordability Strategy (CHAS). This document assesses
housing needs in a jurisdiction and outlines future
plans /strategies to address these identified needs.
A draft Comprehensive Housing Affordability Strategy is
being developed for all jurisdictions in Orange County.
All jurisdictions covered under the CHAS are required to
hold a public hearing to receive comments regarding this
document. The Towns of Chapel Hill, Carrboro and
Hillsborough have scheduled hearings to occur around the
first week in October. Therefore, staff is recommending
that the BOCC conduct a public hearing on this matter at
its regularly scheduled meeting, October 7, 1991 in order
to fulfill our citizen participation requirement.
A standard notice will be published in local newspapers
as required.
RECOMMENDATION(S):
The Manager recommends:
Establishing October 7, 1991 as a public hearing date to
receive citizen comments regarding the Consolidated
Comprehensive Housing Affordability Strategy for Orange
County.
w
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
SUBJECT: Proclamation - Child Health Day - October 7, 1991
DEPARTMENTS HEALTH
ATTACHMENT(S):
Draft Proclamation and History
of Child Health Day
1
Action Agenda
Item No. X.Y---A
PUBLIC HEARING: Yes X No
INFORMATION CONTACT:
HEALTH DIRECTOR'S OFFICE X2412
TELEPHONE NUMBER:
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane -- 227 -2031
Durham - 688 -7331
PURPOSE: To proclaim October 7, 1991, as Child Health Day in Orange County.
BACKGROUND: Each year the celebration of Child Health Day focuses National
attention on an important issue effecting the well -being of our
children. This year's theme, Understanding and Preventing
Childhood Injuries, allows for mobilization of our community
around simple and effective interventions to decrease intentional
and unintentional injuries to children.
The attached proclamation is intended to focus the attention of
Orange County residents on this important subject. In addition, a
feature newspaper article covering the two child injury prevention
grants received by the Orange County Health Department will be
organized. One project, "Buckle Up Baby," allows for the
distribution of toddler safety seats. The other grant, "Project
Poison Patrol," provides information to the community on the
prevention of accidental poisoning and the distribution of poison
control kits through the Health Department and selected daycare
centers.
Further, public service announcements on local radio stations and
the cable television station will be used to heighten public
awareness about this year's theme.
RECOMMENDATION(S):. The Manager recommends that the Commissioners proclaim
October 7, 1991, as Child Health Day in Orange County.
4 •,
CHILD HEALTH DAY 2
OCTOBER 7, 1991
BY THE CHAIR OF THE ORANGE COUNTY BOARD OF COMMISSIONERS
A PROCLAMATION
On Child Health Day we reaffirm our resolve that all of America's children should
be assured the best possible start in life and should be protected from hazards
and risks that might threaten their life and their health. Providing a safe,
secure and nurturing environment for our children is of paramount importance to
us as parents and families. It must also become an imperative to which we devote
the intelligence and the resources of our communities and our Nation.
It is tragic that thousands of our children are dying and thousands more of them
are permanently disabled because of injuries, both unintentional and intentional.
In 1988, there were 22,426 deaths of children through age 19 caused by injuries.
Injuries account for more deaths of children after the first year of life than
all other causes combined. Many of these injuries are predictable and
preventable.
Research into the cause of many of these injuries has resulted in product
improvements to reduce hazards, such as safety packaging for medicines and toxic
chemicals. Public awareness of some of the safety issues has resulted in
legislative changes to reduce hazards, such as statutes throughout the Nation
requiring child passenger safety restraints. Local initiatives for requiring
bicycle helmets, for fencing around swimming pools, and for playground equipment
standards are making significant contributions toward injury reduction when they
are adopted. Public education campaigns against drunk driving, vigorous
enforcement against child abuse, and training for both children and parents to
help them handle anger and reduce violence all make important contributions.
We have acquired a wealth of knowledge about effective interventions that can
prevent and reduce the incidence of childhood injury. Yet we continue to record
the toll of children killed on the highway, on neighborhood streets, in
playgrounds, and swimming pools, on the worksite,. and in their own homes by
injuries that could have been prevented.
During this observance of Child Health Day, let us devote special Attention to
preventing these unnecessary deaths. Let us look in our homes and in our
communities at those causes of injury which we can control -- unsafe environments,
unsafe products, unsafe behaviors- -and resolve to remove such hazards to protect
our children.
NOW, THEREFORE, on behalf of the Orange County Board of Commissioners, I do
hereby proclaim Monday, October 7, 1991, as Child Health Day in Orange County.
IN WITNESS WHEREOF, this 17th day of September, 1991.
Moses Carey, Jr., Chair
ATTEST:
Clerk
HISTORY OF CHILD HEALTH DAY
Under a Joint Resolution of the Congress, Child Health Day has been
Proclaimed by the President of the United States ever since 1928. It
was originally celebrated on May Day, May first, each year until 1960,
when the date was moved to the first Monday in October.
Calvin Coolidge, the first President to issue a Child Health Day
proclamation, acted in response to pleas from the American Federation
of Labor and the General Federation of Women's Clubs on April 26th to
Proclaim the day while the resolution was still pending in Congress.
Although the Senate had passed the resolution unanimously, House action
had not yet been completed and the measure had no chance of passage
before May first.
In those days the bureaucracy moved swiftly. On April 27, the White
House referred the requests from AFL President William Green and
Mrs. Walter McNab Miller, Chairman of the Department of Public Welfare
of the General Federation of Women's Clubs, to the Secretary of the
Treasury for his recommendations. His response was immediate:
"The promotion of child health is a highly commendable object.
The issuance of a proclamation designating a `Child Health Day'
would undoubtedly have influence in focusing public attention
on this matter. Unless consideration of public policy would
render it inadvisable to anticipate action in a matter which
Congress is now considering, I would be inclined to recommend
compliance with the request contained in the communications
mentioned."
On April 28, President Coolidge issued the following proclamation
"WHEREAS the protection and development of the health of the
children of today are fundamental necessities to the future
Progress and welfare of the Nation;
"AND WHEREAS, the conservation and promotion of child health
places upon us a grave responsibility,
"AND WHEREAS, it is appropriate that a day should be set apart
each year for the direction of our thoughts towards the health
and well being of our children;
"NOW, therefore, I, Calvin Coolidge, President of the United
States of America, do hereby set apart May 1, of this year, as
Child Health Day and do invite the people of the United States
and all agencies and organizations interested in child welfare
to unite upon that day in the observance of such exercises as
will acquaint the people of the Nation with the fundamental
necessity of a year -round program for the protection and
development of the health of the Nation's children.
"IN TESTIMONY WHEREOF, I have hereunto set my hand and caused
the Seal of the United States to be affixed"
i-
4
Congress completed its deliberations soon thereafter and on May 18, 1928,
approved its Joint Resolution which read as follows:
"Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States is hereby authorized and requested to issue annually
a proclamation setting apart May 1 of each year as Child Health Day
and inviting all agencies and organizations interested in child
welfare to unite upon that day in the observance of such exercises
as will awaken the people of the Nation to the fundamental necessity
of a year -round program for the protection and development of the
health of the Nation's children."
Many organizations interested in child welfare had prevailed upon the
Congress to enact the resolution. Among them were the American Child
Health Association and the National Education Association. Many States
had been proclaiming Child Health Day for five years or more. Advocates
for Child Health Day submitted to the President proclamations or statements
of support from the governors of 29 States and Mayor Jimmy Walker of the
City of New York as evidence of the "practically unanimous" public sentiment
"in support of this most commendable project." The States included:
Arkansas, California, Colorado, Connecticut, Georgia, Illinois, Indiana,
Louisiana Maine, Maryland, Michigan, Minnesota, Missouri, Montana, New
Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio,
Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Virginia West
Virginia, Wisconsin, and Wyoming.
Mrs. Miller told the President... "the women of the country are hoping to
use the day to raise funds in two states where the governors have vetoed
the appropriations for child hygiene in the state boards of health."
In gratitude, after the President had acted, she wrote:
"Your Proclamation will mean a great deal to the whole country, and
especially to the organizations who are trying to center attention
upon the child as America's greatest asset."
For many years, Child Health Day consisted of little more than a Presidential
Proclamation. In 1982, the National Institute of Child Health and Human
Development ( NICHD) held the first of what has become an annual event --
a national symposium to mark the day. The first symposium had as its theme
adolescent risk taking behavior, subsequent themes ranged from the molecular genetics
of Down syndrome, to the history of neonatal intensive care, to the effects of day
care on child development.
In 1989, a coalition of Federal and private agencies joined the NICHD in expanding
the scope of Child Health Day. The coalition sponsors not only the national
symposium in Washington, D.C. but encourages consumer, education and advocacy
groups across the country to conduct Child Health Day projects and activities on the same
topic. Child Health Day themes under the expanded format have, to date, included access
to prenatal care and adolescent health. Preventing childhood injuries is the theme selected
for this 10th national symposium and the 1991 celebration.
w�
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
�
V -�
ACTION AGENDA ITEM ABSTRACT Item No.
Meeting Date: September 17, 1991
SUBJECT: PROCLAMATION - HUNTING AND FISHING DAY IN ORANGE COUNTY
DEPARTMENT: County Commissioners
ATTACHMENT(S): Yes - Proclamation
PUBLIC HEARING YES: NO: X
INFORMATION CONTACT: Moses Carey,Jr.
TELEPHONE NUMBER
Hillsborough
- 732 -8181
Chapel Hill
- 968 -5401
Durham
- 688 -7331
Mebane
- 227 -2031
..
PURPOSE: To proclaim September 28, 1991 as Hunting andFishing - Day in-
Orange County.
BACKGROUND: This proclamation is in response to a request by Allen C.
Basala, Chairman of the National Hunting and Fishing Day to proclaim
September 28, 1991 as Hunting and Fishing Day in Orange County.
This day has been designated by President George Bush, the Congress of the
United States and Governor Martin as the day to recognize the many
contributions that sportsmen and women have given for conservation
projects and to educate others about the wise management of our natural
resources. The North Carolina Wildlife Federation will be sent a copy of
this proclamation which is specific to Orange County and those sportsmen
and women who live within this County.
RECOMMENDATION(S): Proclaim September 28, 1991 as Hunting and Fishing Day
in North Carolina and authorize the Chair to sign the proclamation.
2
P R O C L A M A T I O N
HUNTING AND FISHING DAY IN ORANGE COUNTY
WHEREAS, since the turn of the century, hunters and anglers have
been at the forefront of the conservation movement,
providing the impetus and the financing for many of the
wildlife conservation programs existing today, and
WHEREAS, as individuals, and through their organizations,
sportsmen and women volunteer countless hours of their
time for conservation projects and to educate others
about the wise management of our natural resources, and
WHEREAS, to date, sportsmen and women have provided more than $12
billion nationally for conservation programs that benefit
all species of fish and wildlife, chipmunks and song
birds as well as deer and elk, and
THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners does hereby proclaim September 28, 1991 as
Hunting and Fishing Day in Orange County to recognize the
many contributions local sportsmen and women have made
to conservation, and
BE IT FURTHER RESOLVED that the Orange County Board of
Commissioners urge all citizens to join and support our
sportsmen and women in their efforts to ensure the wise
use and proper management of our natural resources to
benefit future generations.
This the 17th day of September, 1991.
Moses Carey, Jr., Chair
ATTEST:
Beverly A. Blythe, Clerk
u
PP77,
PUBLIC PROCLAMATION
.REGARDING USE OF WATER OBTAINED
FROM THE PUBLIC WATER SYSTEM
SUPPLIED BY THE ORANGE - ALAMANCE WATER SYSTEM, INC. AND
THE TOWN OF HILLSBOROUGH AND
FROM ANY RAW WATER SUPPLY WITHIN ORANGE COUNTY USED BY
THE ORANGE- ALAMANCE WATER SYSTEM, INC. AND
THE TOWN OF HILLSBOROUGH
Pursuant to the provisions of the ORDINANCE PROVIDING FOR
THE CONSERVATION OF WATER DURING A WATER SHORTAGE, RESTRICTING THE
USE OF WATER AND WATER WITHDRAWALS, AND ALLOCATING AUGMENTED
STREAMFLOW FROM RESERVOIRS, I, Moses Carey, Jr., Chair of the Board
of County Commissioners, having been provided with information that
the water level of Lake Orange is more than two feet, four inches
below full, do hereby issue this PUBLIC PROCLAMATION declaring to
all persons that a stage II water shortage ALERT is now in effect
applicable to users of water from the public water system supplied
by the Orange Alamance Water System, Inc. and Town of Hillsborough
and from any raw water supply within Orange County used by the
Orange - Alamance Water System, Inc. and the Town of Hillsborough.
The following voluntary water conservation restrictions are now
applicable:
1. Use shower for bathing rather than bathtub and limit shower
to no more than four (4) minutes.
2. Limit flushing of toilets by multiple usage.
3. Do not leave faucets running while shaving or rinsing
. 4.
dishes.
Limit use of clothes washers and dishwashers and when used,
operate fully loaded.
5.
Limit lawn watering to that which is necessary for plants
to survive.
6.
Water shrubbery the minimum required, reusing household
water when possible.
7.
Limit car washing to the minimum.
S.
Do not wash down outside areas such as sidewalks,
patios, etc.
9.
Install water flow restrictive devices in shower heads.
10.
Use disposable and biodegradable dishes.
11.
Install water saving devices such as bricks, plastic
bottles or commercial units in toilet tanks.
12.
Limit hours of operation of water - cooled air conditioners.
This proclamation, and the voluntary conservation
restrictions imposed pursuant to it, shall be in effect until the
Ordinance entitled "AN ORDINANCE PROVIDING FOR THE CONSERVATION OF
WATER DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER
WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM RESERVOIRS" is
amended or repealed or until the Chair by Public Proclamation,
declares that the Stage II Water Shortage ALERT is over.
By order of Moses Carey, Jr., Chair of the Orange County
Board of Commissioners, issued this 17th day of September, 1991.
ORANGE COUNTY COMMISSIONERS
P.O. Box 8181
HILLSBOROUGH, N.C.
27278
Moses Carey, Jr. 732 -8181
Alice M. Gordon 968 -4501
Stephen H. Halkiotis 688 -7331
Verla C. Insko 227 -2031
Don Willhoit 644 -3004 (Fax)
r
PUB
1ql
The mana ement of Oran 411aermined n
g �g�- � that with
the combination of recent rainfall a ) forecast of normal
rainfall for the forthcoming months, the water level of Lake
Orange is now above the Stage II level in accordance with the
County's Water Conservation Ordinance.
As Chairman of the
recind the mandatory St,
those citizens who live
Orange /Alamance and the
use water obtained from
County.
Board of Commissioners, I hereby
age II water restrictions imposed for
in the County portion of the
Town of Hillsborough service,area and
any raw water supply within Orange
I thank the citizens of Orange County for their
cooperation during this past crisis.
Effective this 26th day of September, 1991.
Moses Carey Jr., Cha
YOU COUNT IN ORANGE COUNTY ! (D
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
1
Action Agenda
Item No 1 __&
SUBJECT: Development of Hunting and Human Rights Ordinances
DEPARTMENT:
County Manager
PUBLIC HEARING
+wYES
NOr_X�_
ATTACHMENT(S)'r w
INFORMATION CONTACT
County Manager, ext
2300
None
TELEPHONE NUMBER
Hillsborough
732 -8181
Chapel Hill
968 -4501
Mebane
227 -2031
Durham
688 -7331
PURPOSE: wTor
receive, �for information only, a report from the County
Manager and
the County Attorney
concerning plans for development of
two County
ordinances relating
to hunting and human rights.
BACKGROUND: At the August 20, 1991 regular meeting, the Board of
Commissioners received a status report on local legislation addressed
in the 1991 Session of the North Carolina General Assembly. Authority
has been granted to the Orange County Commissioners in Senate Bill 623
to adopt ordinances regulating hunting and fishing and promoting human
rights. At the August 20 meeting, the Board directed the Manager and
Attorney to develop plans for adopting appropriate ordinances for
these activities.
By early October, the Manager and Attorney will meet with the Sheriff,
the Orange County Forest Service Ranger, and two representatives of the
hunting community in Orange County to discuss how to best implement a
County hunting ordinance, including education of the public. We will
receive feedback from these parties on the proposed hunting ordinance,
and develop and present an implementation plan to the Board for the
October 22 regular meeting.
During the next month, the Orange County Human Relations Commission
will be asked to review their proposed ordinance and to make appro-
priate amendments that will conform to the provisions as authorized by
Senate Bill 623. Upon review by the County Attorney and County
Manager, the amended ordinance will be presented to the Board of
Commissioners for review in November. At the same meeting, a
recommended implementation plan and timetable for adopting the
ordinance will be presented. Steps will include a format for the
public hearing that may include other municipalities; and County staff
will work with representatives of the Human Relations Commission and
the towns to develop an implementation plan. With July 1, 1992, as the
proposed effective date of the ordinance, resources necessary to
implement a human rights ordinance would be determined as part of the
1992 -93 budget process and presented to the Board of Commissioners
during budget deliberations.
RECOMMNDATION(S):
Receive the report, for information only.
S
I
i
ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date Sent. 17,_1991_
Action Agenda
Item # VZT _TB
SUBJECT: REPORT ON REGIONAL BICYCLE PLAN
DEPARTMENT:
PLANNING PUBLIC HEARING Yes _x —No
ATTACHMENT(S): INFORMATION CONTACT: Gene Bell
- Report on
Regional Bicycle Plan Ext. 2589
TELEPHONE NUMBERS:
Hillsborough - 732 -8181
Durham - 688 -7331
Mebane - 227 -2031
Chapel Hill - 967 -9251
PURPOSE:
To report to the Board of Commissioners on the status
of a proposal for a Regional Bicycle Plan and to
solicit Commissioner Comments in response to the
report.
BACKGROUND:
A Regional Bicycle Plan has been proposed by the
Durham - Chapel Hill - Carrboro (DCHC) Urban Area
Transportation Advisory Committee (TAC). The plan
would focus on increasing public education and
awareness of bicycling, developing appropriate
enforcement guidelines, and establishing a framework
for planning and constructing new bicycle corridors.
A consultant would be employed to conduct the study at
an estimated cost of $30,000. As originally proposed,
participants in the study would be the municipalities
of Durham, Chapel Hill, and Carrboro and the counties
of Durham and Orange. Carrboro withdrew its support
in February. Funding would be based on a formula of
50% equal share and 50% proportional to population as
follows:
Chapel Hill $ 6,187
Durham 11,375
Durham County 6,413
Orange County 6,025
$30,000
Chapel Hill and Durham budgeted funds for the study;
Orange and Durham Counties did not. Durham County
Commissioners received a request for funding at
2 •
S
their meeting on September 9. They are scheduled to
make a decision at their September 23 meeting. Should
Orange County choose to participate, funding would
have to come from contingency funds.
RECOMMENDATION: The Administration recommends that the Board receive
the report, for information only, and make a decision
at a future meeting on whether to participate in the
regional bicycle plan.
3
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
a'
„ lI_
M E M O R A N D U M
TO: Orange County Commissioners
FROM: Gene Bell, Planner III (x-43
RE: REPORT ON REGIONAL BICYCLE PLAN
DATE: September 11, 1991
A Regional Bicycle Plan has been proposed by the Durham -
Chapel Hill - Carrboro (DCHC) Urban Area Transportation
Advisory Committee (TAC). The plan would cover Durham
and Orange County and would focus on increasing public
education and awareness of bicycling, developing appropriate
enforcement guidelines, and establishing a framework for
planning and constructing new bicycle corridors. A
consultant would be employed to conduct the study at an
estimated cost of $30,000. Participating local governments
would be the municipalities of Durham and Chapel Hill and the
counties of Durham and Orange. Orange County's funding
share, if it elects to participate, would be $5,025.
Following are brief sections on background, project
scope, expected benefits, costs, and the actions of other
local governments to -date. Attachments pertinent to the
project are also included.
Background
In its deliberations on the proposed DCHC Thoroughfare
Plan several years ago, the TAC identified the need for
regional coordination on bicycle planning as a necessary
adjunct to the coordination on thoroughfare planning already
in progress. The TAC discussed this with representatives
from the N.C. Department of Transportation (DOT) Bicycle
Program. A problem arose in that DOT bicycle funds are very
limited and cannot be used for planning purposes. This
prompted the TAC to ask what could be done locally besides
continuing to request funding for identified bicycle projects
in the annual TIP process. The TAC recommended a program of
public education and awareness of bicycling, enforcement, and
bicycle route planning to develop a regional system as its
preferred course of action.
il
Scope of Plan
n
Under the TAC's direction, a request - for - proposals (RFP)
was drafted.. It identifies three basic areas on which the
plan will focus:
1) Increasing public education and awareness of
bicycling involves identifying outstanding bicycle
education materials for children and adults as well
as identifying and organizing community agencies and
resources that could help implement this aspect of
the plan. This item would comprise approximately
45% of the consultant's work.
2) Developing appropriate enforcement guidelines to
increase the safety and responsibility of cyclists
involves identifying exemplary enforcement programs
and, as in item 1, identifying and organizing
community agencies and resources that can implement
the program. This item would comprise approximately
30$ of the consultant's work.
3) Laying out a framework for planning and constructing
new bicycle corridors includes coordination of
existing municipal /county bike plans with new
segments that would be needed to complete a regional
system. This item would comprise approximately 25%
of the consultant's work.
Benefits
Benefits expected to accrue from the regional plan once
implemented include, but are not limited to:
1) Safer and more desirable environment for cycling as
a result of increased emphasis on education and
enforcement programs.
2) DCHC local governments will be in a better position
to request and receive funds from the State in that
their requests are tied to an adopted regional plan.
4) Reduction in traffic congestion and air pollution.
4) Increased health and fitness of populace as more
people engage in cycling for recreation as well as
an alternative to the private automobile. .
Fundina
The estimated cost of employing a consultant to prepare
the plan is $30,000. As originally proposed, participants in
2
the study would be the municipalities of Durham, Chapel Hill,
and Carrboro and the counties of Durham and Orange. Funding
would be based on a formula of 50% equal share and 50%
proportional to population. With five local governments
participating in the plan, Orange County's share would be
$5,167.50. Carrboro elected to withdraw from the plan last
February requiring that funding be recomputed. Each local
government's share is now:
Chapel Hill
$ 6,187
Durham
11,375
Durham County
6,413
Orange County
6,025
$30,000
Local Government Actions to Date
The municipalities of Durham and Chapel Hill included
funds for the proposed plan in their adopted budgets for
Fiscal Year 1991 -92. The Durham County Commissioners
received a report on the plan at their meeting on September
9, 1991 requesting funding from contingencies. They
instructed the administration to see if a funding source
could be determined that did not result in double taxation
for city residents since the City of Durham is a participant
in the project. The administration is to report back to the
Durham County Commissioners on September 23 concerning
funding sources not derived from local tax revenues.
cc: John Link, County Manager
Marvin Collins, Planning Director
DK9:BIKERPRT.DOC
3
5
N
DOCUMENTATION PERTINENT TO REGIONAL BICYCLE PLAN
1) 7 -18 -91 Memo from David Bonk to TAC
2) 3 -13 -91 Memo from Gene Bell to Dr. Alice Gordon
3) 11- 2.1 -90 Meeting Minutes of TAC
4) Request for Proposals --Regional Bicycle plan
I
MEMORANDUM
To: Transportation Advisory Committee
From: David Bonk, Senior Transportation Planner
Re: Status of the Regional Bicycle Plari
Date: July 18, 1991
This memorandum serves to update you on the status of the proposed
Durham - Chapel Hill - Carrboro Urban Area Regional Bicycle Plan.
During the Fall of 1990, the' TAC requested the Technical
Coordinating Committee (TCC) to prepare a request- for - proposals
(RFP) for the development of a Regional Bicycle Plan. The focus
of the plan would be to increase public education and awareness of
bicycling, develop appropriate enforcement guidelines, and to
establish a framework for planning and constructing new bicycle
corridors. The project would be administered by the Town of Chapel
Hill, and would be reviewed by a bicycle task force of staff and
citizens from each jurisdiction. Funding for the plan would be
split proportionately among each participating jurisdiction.
Subsequent to the initial draft of the RFP Carrboro withdrew
funding support for the development of the regional bicycle plan.
Despite this however, the TAC remained committed to developing the
plan. The TAC directed the TCC to recalculate the proportional
funding requirement for each jurisdiction and continue the process
toward selecting a consultant. The table below summarizes the
approximate funding distribution, based on a combination equal
share and population proportion for each jurisdiction:
Population 50% Equal Share
Equal Share Proportion 501 Proportional
Carrboro - 0% $0 0% $0 0% $0
Chapel Hill - 25% $7,500 16% $4,875 21% $6,187
Durham - 25% $7,500 51% $15,249 38% $11,375
Durham County --'25% $7,500 18% $5,325 21% $6,413
Orange County- 25% $7,500 151 $4,551 20% 6,_025
$30,000 $30,000 $30,000
On June 13, 1991,1the Bicycle Task Force began interviewing
prospective firms as consultants for developing the Regional
Bicycle..Plan.
AS of today, only the Town of Chapel Hill and the City of Durham
have included a provision for funding in their annual budgets.
Orange County and Durham County did not specifically include the
plan.. in . this- years_. budget request.
VA
The cost of this type of project does not necessarily decrease in
the same proportion as project area covered. We could expect that
the overall cost of producing a regional or multi- jurisdictional
plan would remain relatively constant whether there are five or two
municipalities. The type of product we are striving for would
generally be applicable to all jurisdictions in the region.
The first option would assume the existing funding committments
from Chapel Hill and Durham, and no funding committment from the
remaining jurisdictions. In this case, the scope of work would
need to be dramatically changed. However, this may raise the
question of whether the combined Chapel Hill- Durham share ($17,500)
would be enough funds to make the effort worth while. The existing
scope of work could probably not be fulfilled with the current
funding committments, and a reduced scope of work may be
affordable, but may not yeild a' satisfactory or comprehensive
product.
A second option would require increasing funding from both Chapel
Hill and Durham. This option may allow for only small changes in
the scope of work and still produce a comprehensive product.
A third option would be to not pursue the effort of developing a
regional bike plan at this time. Opportunities may prove to be
more favorable in the future.
i
8�
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
d
............
M E M O R A N D U M
TO: Dr. Alice Gordon, County Commissioner
FROM: Gene Bell, Planner III Cr Q .
RE: Regional Bicycle plan
DATE: March 13, 1991
The purpose of this memo is to provide further
clarification on the Regional Bicycle Plan proposal being
considered by the Transportation Advisory Committee (TAC) of
the Durham - Chapel Hill - Carrboro (DCHC) metropolitan planning
organization. As you may recall from the TAC meeting on
February 20, I raised some questions as to the geographic
coverage of the plan. There was initially some question as
to whether it would cover all of Orange County or only the
DCHC portion. Mark Ahrendsen, Transportation Systems
Engineer for the City of Durham, has since indicated that -
coverage would be county -wide. The plan would be prepared by
a consultant at an estimated cost of $30,000. A Request for
Proposals (RFP) has been developed soliciting consultant
services (attached). A proposed funding arrangement was
voted on by the TAC on November 21, 1990 (Orange County's
share would be $5,167.50). Moses Carey, Orange County's
delegate to the TAC at that time, seconded the funding
proposal, and it was passed unanimously (minutes attached).
I have tentatively requested that Orange County's share
of the project be included in the Planning Department 1991 -92
budget. In consideration of this request, there are several
points I wish to reiterate. First, the Town of Carrboro
announced on February 20 that it would not be participating
financially in the plan, thus, potentially increasing the
amount Orange County might be asked to contribute. Second,
the major focus of the'plan (approximately 80 %) will be on
education and enforcement as opposed to developing a system
of bikeways. Finally, the portion of the plan dealing with
bikeways will focus mainly on existing bicycle route plans
and promoting regional connectivity among them. There will
be some limited focus on defining bikeways for areas that
E
10,
don't currently have them. While the plan as proposed would
offer benefits to Orange County, I want to be sure we are
getting the most for our consultant dollar and that our most
pressing needs in terms of bicycle planning are being met.
I realize you are probably aware of everything I have
covered in this memo. However, as the new Orange County
delegate to the TAC, I wanted to be sure that you had the
benefit of everything I currently know about the project.
cc: Moses Carey, BOCC Chair
,john Link, County Manager
Marvin Collins, Planning Director
Chris Best, TAS Chair
DK9:AGBIRB.DOC
_ f
r —
TRANSPORTATION ADVISORY COMMITTEE
November 21, 1990
MINUTBS OF MEETING
The Transportation Advisory Committee met on November 21, 1990
at 9:00 a.m. in the Committee Room on the second floor of Durham
City Hall. The following attended:
*Joyce Brown Chapel Hill Town Council (Alternate)
*Moses Carey, Jr. Orange County Board of Commissioners
*Virginia Engelhard Durham City Council
*Becky Heron Durham County Board of Co
mmissioners /TAC
Chairperson
*Jonathan Howes Chapel Hill Town Council /TAC Vice-
Chairman
*Sandy ogburn Durham City Council
*Nancy Rand N.C. Board of Transportation
Mark Ahrendsen
City of
Durham /Dept.
of
Transportation
Dianne Aldridge
City of
Durham /Dept.
of
Transportation
Donna Bell
orange County
David Bonk
Town of
Chapel Hill
Sarah Burdick
Town of
Carrboro
John Gardner
UNC Transportation /Parking
Mary Hough
City of
Durham /Dept.
of
Transportation
Patsy King
UNC Transportation /Parking
Joyce P. Manning
City of
Durham /Dept.
of
Transportation
Blake Norwood
Wesley Parham
NCDOT
City of
Durham /Dept.
of
Transportation
Owen Synan
city-of
Durham /Dept.
of
Transportation
J. Max Tate
FHWA
Mike Waldroup
Citizen
Edith Wooten
CRASH
Diane Zimmerman
NCDOT
Jonathan Howes, TAC Vice - Chairman, brought the meeting to order.
APPROVAL OF MEETING MINUTES:
There was some discussion concerning the accuracy of the members
listed in attendance in the meeting minutes. Jonathan Howes
requested that the minutes reflect that Becky Heron and Ellen
Reckhow were in attendance at the September 12, 1990'meeting.*
Moses Carey made a motion to'approve the minutes of the September
12, 1990 meeting. Joyce Brown seconded the motion. The vote
passed unanimously.
*Note to minutes: Upon further investigation it was determined
that Becky Heron and Ellen Reckhow were not in attendance at the
September 12, 1990 meeting.
ii
-.12
TAC MINUTES
Page 2
REGIONAL BICYCLE PLAN:
Each jurisdiction gave an update on local bicycle facilities
planning. Sarah Burdick discussed the Town of Carrboro's bicycle
plans from a map she presented. Carrboro also has unofficial bike
paths which are heavily used. David Bonk discussed the .Town of
Chapel Hill's bikeway concept plans. The Chapel Hill bike plan is
predicated on the assumption that community needs are accommodated.
The plan also focuses on creating a system that will encourage
commuters to use bicycles for work trips. Vonda Frantz discussed
Durham County's bicycle plans from a map and handout which she
presented. She indicated that a comprehensive program is needed
for the bicycle plan consisting of enforcement and education
planning.
Mark Ahrendsen discussed the TCC's revised recommendations for the
bicycle plan. The recommendation of the TAC on September 12, 1990
was to request a proposal for the `bicycle plan and for each
jurisdiction to share the cost of $30,000 - $35,000 equally. This
amount was based on a preliminary proposal submitted by the Pro
Bike Group. At the TAC meeting in October concerns were expressed
about the selection of the consultant, funding distribution, the
timing schedule of the study, and the contractual agreement. The
TCC reviewed those concerns and recommended that the TAC endorse
the RFP submitted by Pro Bike and select a funding distribution
formula. After consulting with the NCDOT bicycle staff and
attending a bicycle workshop held in Raleigh, the TCC felt that Pro
Bike Group had the expertise to do the study and should therefore
be selected as the consultant.
Upon selecting and endorsing a distribution• formula, each
jurisdiction will be responsible for budgeting their share of the
costs in their respective local budgets for fiscal year 1991 -92.
Once local budgets are approved by June 30, 1991, interlocal
agreements between the City of Durham and each of the four other
jurisdictions must be completed. Subsequently, the City of Durham
will execute an agreement with the Pro Bike to begin the study.
Mark Ahrendsen presented three funding distribution formulas. The
options on funding distribution offered were: equally sharing the
study costs among the five jurisdictions (20% each); distributing
the costs by jurisdictional - population; or a split arrangement by
which SO of the costs are split equally and 50% are split
according to population. (A copy of the alternative funding
distribution formulas is attached). ,
Sandy Ogburn raised a question on NCDOT's role in bicycle planning.
J
r
TAC MINUTES
Page 3
Vonda Frantz stated that the State bicycle program is concentrating
on regional projects, street facilities, education and enforcement.:
Mark Ahrendsen commented that the funding distribution for the
bicycle project is estimated to be $30,000. Becky Heron asked how
the combined equal share and population weighted funding shares
will be determined? Mark stated that $15,000 will be split 5 ways
and the remaining $15,000 will be split based on population.
Wesley Parham commented that under all three arrangements the City
of Durham would bear costs beyond those directly related to the
consultant costs. The additional costs would be due to the
administrative role which City staff will incur by developing and
executing the required inter - -local agreements, administering the
consulting contract, and serving as the responsible lead agency in
overseeing plan development. The overhead costs were not indicated
in the funding scenarios presented.
Upon discussion by. TAC members on how to split the funding
arrangement equitably, Jonathan Howes suggested the combined equal
share /population arrangement with the Town of Chapel Hill covering
the administrative costs of the process by serving as the lead
contracting agency.
Nancy Rand made a motion to adopt the combined equal share/
population distribution formula with the Town of Chapel Hill as the
lead contracting agency. Moses Carey seconded the motion. The
vote passed unanimously.
RESEARCH TRIANGLE REGIONAL TRANSIT LAND -USE STUDY & ACTION AGENDA:
David Bonk commented that the Action Agenda adopted.by the joint
TAC included a provision that-the Durham - Chapel Hill - Carrboro and
the Greater Raleigh TAC's review and endorse the findings. and
recommendations of the Land -use subcommittee's report by January 1,
1991. The Land -use Subcommittee found that there- was a strong
relationship between land --use patterns and the potential for
development of a fixed guideway and public transit system in
general., The land -use patterns that have characterized development
in this region over the last 20 years have reduced potential for
fixed guideway transit. Fixed guideway systems appear to have the
ability to attract development and to focus land -use patterns in a
way -that other transportation facilities do not.
Based on the analysis of the four corridors included in the report,
the subcommittee determined that the development activity necessary
13
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15
CONDITIONS AND SPECIFICATIONS
REQUEST FOR PROPOSALS
DURHAM - CHAPEL HILL - CARRBORO URBAN AREA
REGIONAL BICYCLE PLAN
BACKGROUND
The Transportation Advisory Committee (TAC) serves as the
policy board of the Metropolitan Planning Organization for
the Durham - Chapel Hill - Carrboro Urban Area. The TAC consists
of two members of the Durham City Council, and one member
each of the Durham County Board of Commissioners, the Chapel
Hill Town Council, the Carrboro Board of Aldermen, - the Orange
County Board of Commissioners, and the North Carolina Board
of Transportation. The Technical Coordinating Committee
(TCC), which consists of local and State transportation
planning staff, is responsible for providing technical
support and performing the Urban Area's planning functions.
Charged with the responsibility of comprehensive
transportation planning, the TAC recognizes the need to
develop a regional bicycle plan. The focus of this plan is
to increase public education and awareness of bicycling,
develop appropriate enforcement guidelines, and to lay out a
framework for planning and constructing new bicycle
corridors. The Town of Chapel Hill will serve as the lead
planning agency acting on behalf of the jurisdictions
represented in the TAC.
SERVICES TO BE PROVIDED
The successful firm will develop a regional bicycle plan for
Orange and Durham Counties. The plan will include (1)
training sessions on bicycling, bicycle programs and bicycle
planning for transportation and planning professionals, (2) a
bicycle orientation and training course to be used in local
schools, (3) a bicycle training program for law enforcement
officials, (4) a regional bicycle route plan, with
recommended roadway cross section standards, (5) an
implementation plan, and (6) a bicycle plan document.
16
1. Develop and present a series of training and orientation
sessions on bicycling, bicycle programs and bicycle
planning for local transportation planning and
engineering officials.
2. Develop a bicycle education training program to promote
bicycling, increase bicycling safety and develop a
bicycle awareness and training program for local
schools, civic groups and others.
3. Develop a bicycle enforcement training program for local
law enforcement officials and recommend appropriate
local ordinances to increase bicycling safety.
4. Review and assess existing area thoroughfare plans,
planned bicycle routes, and programmed State and local
road /bicycle improvement projects.
5. Develop a regional bicycle route plan incorporating
existing local bicycle route plans.
6. Review and assess various roadway cross section
standards for the provision of bike corridors.
7. Develop and recommend, with cost estimates, priority
ordered local and regional bicycle capital improvement
programs.
8. Review and recommend changes to local development
regulations and ordinances to incorporate the iracltsion
of bicycle amenities with new development projects.
9. Prepare plan documents consisting of (1) regional goals
and objectives, (2) bicycle planning principles and
standards, (3) engineering and construction guidelines,
(4) regional bicycle route maps for existing and planned
routes, (5) law enforcement guidelines, (6) bicycle
education program, including materials to be used for
future presentations throughout the community, (7) a
detailed action plan.
SUBMISSION REQUIREMENTS AND SCOPE OF PROPOSAL
Submit the following:
1. name, location and date your firm was organized;
2. name(s) and resume(s) of the person(s) who will direct
the project and attend public meetings;
3. names and resumes of other persons who will be working
on the project (consultants, subcontractors, etc.) and
description of the work to be done by other persons;
4. overall timetable and schedule by task for completion of
work elements;
5. list of previous consultant contracts and description of
experience in regional bicycle planning or essentially
similar projects;
6. list of any litigation involving your.-firm, any persons
working with your firm, or any of your consultants
involving any aspect.of your /their professional capacity
as planners, architects, landscape architects, engineers
or designers;
7. how your firm, if chosen, would provide the necessary
insurance requirements as outlined in the attached
Insurance Provisions for Professional Services;
8. description of study methodology (method by which the
tasks in the proposal will be addressed in the study);
and
9. A schedule and detailed estimate of time needed by local
planning staff for training, plan development, and
implementation.
Insurance Provisions
A. workers' Compensation: Coverage to apply for all
employees for statutory limits in compliance with the
applicable state and federal laws. The policy must
include employers' liability with a limit of $100,000
each accident, $100,000 bodily injury by disease each
employee and $500,000 bodily injury by disease policy
limit.
B. Comprehensive General Liability: Shall have minimum
limits of $1,000,000 per occurrence combined single
limit for bodily injury liability and property damage
liability. This shall include premises and /or
operations, independent contractors, products and /or
17
W
completed operations, broad form property damage
coverage and a contractual liability endorsement.
C. Business Auto Policy: The same limits under CGL shall
apply. This shall include owned vehicles, hired and
non -owned vehicles and employee non - ownership.
D. Professional Errors and Omissions Liability: Coverage
shall have minimum limits of $1,000,000 per claim.
Special Requirements
A. The Town is to be included as an additional insured on
the comprehensive general liability policy.
B. Current, valid insurance policies meeting the
requirements herein identified shall be maintained for
the duration of the named project with certified copies
submitted to the Town. Renewal certificates shall be
sent to the Town 30 days prior to any expiration date.
There shall also be a 30 day notification to the Town in
the event of cancellation or modification of any
stipulated insurance coverage.
C. It shall be the responsibility of the contractor to
insure that all subcontractors comply with the same
insurance requirements that he /she is required to meet.
D. Hold Harmless Agreement: The contractor agrees to
defend, indemnify, and hold harmless the Town`ficp;:R, all
loss, liability, claims or expense (including reasonable
attorneys' fees) arising from bodily injury, including
death or property damage to any person or persons caused
in whole or in part by the negligence or willful
misconduct of the contractor except to the extent same
are caused by the negligence or misconduct of the Town.
E. If the Contractor does not meet the insurance
requirements of the specifications, alternate insurance
coverage satisfactory to the Town of Chapel Hill may be
considered.
TIME FRAME
The consultant shall have eight months to complete a draft
final plan document. Plan preparation will begin September,.
1991 and a final plan document completed May, 1992. During
E90:
this time the consultant will schedule and complete the
training and orientation tasks. Scheduling of sessions will
be mutually agreed upon by the consultant and the Bicycle
Task Force. Upon review and approval of the draft final
report by the TAC, the consultant will have one month-to
prepare a final plan.
GENERAL CONDITIONS
1. The consultant shall work under the supervision of the
Town of Chapel Hill Transportation Planner.
2. The consultant shall submit monthly progress reports and
requests for payment to the Town of Chapel Hill
Transportation Planner. These reports shall provide the
basis for payment.
3. Funding for this study is to be shared among the Town of
Chapel Hill, the City of Durham, the Town of Carrboro,
Durham County and Orange County. The consultant shall
comply with all relevant requirements of these agencies.
4. The consultant shall provide copies of the final
plan document.
ORANGE COUNTY -
BOARD OF COMMISSIONERS
Action Agenda
L,
ACTION AGENDA ITEM ABSTRACT Item No.
Meeting Date: September 17, 1991
SUBJECT: OWASA'S REQUEST FOR COMMENTS - HILLSBOROUGH'S REQUEST FOR USE OF
16" WATER LINE .
DEPARTMENT: Board of Commissioners PUBLIC HEARING YES:- -- NO: x
ATTACHMENT(S): YES - LETTER DATED INFORMATION CONTACT r MOSES -
CAREY, -JR.
AUGUST 30TH FROM LOIS HERRING
TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane - 227 -2031
Durham - 688 -7331
-
PURPOSE: To bring to the Board's attention letter dated `
datedAugust 30th from
Lois Herring on Hillsborough's request for use of 16" water line.
BACKGROUND: OWASA has requested comments at our earliest convenience on
Hillsborough's request for use of 16" water line.
RECOMMENDATION(S): Ask the County Administration to look into the matter
and report to the Board at an upcoming meeting.
2
Orange Water and Sewer Authority
400 Jones Ferry Road
OWASA P.O. Box 366
Carrboro, NC 27510
(919) 968 -4421
MEMORANDUM
TO: Chairman Moses Carey
Mayor Jonathan Howes
Mayor Eleanor Kinnaird
FROM: Lois Herring
DATE: August 30, 1991
SEA' 31991
SUBJECT: Hillsborough Request for Use of 16 -inch Water Line
In accordance with our Memorandum of Understanding, I am informing you of a
proposal tendered by the Town of Hillsborough to purchase or Lease the portion of
the OWASA 16 -inch water transmission line that is along the Old NC 86 Road and
north of Davis Road.
Mayor Horace Johnson made the request to the OWASA Board at its August 29, 1991
meeting, but did not present specifics of the proposal. The line has not been up
for sale or lease, and the OWASA Board solicits your comments as it deliberates
if it should entertain this proposal from Hillsborough.
In the past the line has been essential to transport to OWASA water treated by
Hillsborough that had been released into the Eno River from the County owned Lake
Orange. It is presently being used to transport 450,000 gallons of water a day
from OWASA to Hillsborough to supphement the Town's deficient supply.
Mayor Johnson indicated that the Town would benefit tremendously from the line to
augment its inadequate line along Old 86 south of town and it would allow pipe
capacity to support substantial development contemplated in the Old 86/1 -40 area.
He also stated that Hillsborough is proceeding with the interconnecting line with
Durham and in the future would purchase all of its supplementary water needs from
Durham. Apparently the plans for construction of a reservoir by the Town of
Hillsborough is still under deliberation.
The OWASA Board of Directors will be having some internal discussions at its
September 11 meeting. Your comments at the earliest convenience are welcomed.
Lois T. Herring
Chair, OWASA Board of Directors
db
cc: OWASA Board of Directors
Everett Billingsley
Mayor Horace Johnson
Mr. Calvin Horton
Mr. Robert Morgan An Equal Opportunity Employer
Mr. John Link
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM! ABSTRACT
Meeting Date: September 17, 1991
1
Action Agenda
Item No. �[�-
SUBJECT: BID AWARD; EFLAND - CHEEKS COMMUNITY CENTER & PARK
---------7------------------------------------
DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX
-------------------------------------------
- - - - --
ATTACHMENT(S)• INFORMATION CONTACT: PAM JONES
ExT 2650
BID TABULATION
Telephone Number -
Hillsborough - 732 -8181
Chapel Hill -967 -9251
Mebane -227 -2031
Durham -688 -7331
PURPOSE: To award a bid for construction of the Efland- Cheeks
Community Center and Park.
BACKGROUND: Bids for this project were received on September 5,
1991; a tabulation is attached. The lowest responsible bidder is
O'Neal Construction, Inc., Chapel Hill, NC.
The scope of work includes construction of a 2755 square foot building
and development of a "tot -lot" playground area, nature trail and picnic
areas; along with sufficient parking for approximately 30 vehicles and
two large buses.
Alternates included in the bid are as follows:
Alternate #1: Substitute windows without thermal break; deduct
$400 from base bid.
Alternate #2: Contractor provides playground equipment, picnic
tables, bench and grilles with complete installation; add $21,286 to
bid.
Alternate #3: Contractor installs only equipment in Alternate 2;
County purchases equipment directly from vendor.
Alternate #4: A 10' x 12' pre -cast concrete storage building is
substituted for the metal storage building included in the base bid;
add $4,421 to base bid. (Total building cost approximately $5,600.)
Cost analysis indicates that it is to the County's best interest to
accept Alternate #2.
Funds for this project are set out within the CIP as; 2
Efland- Cheeks Community Center $230,000; and
Efland- Cheeks Neighborhood Park 43,750
Total
$273,750
Expenses to date include:
LCDA (design fees) $ 22,300
Proposed bid award
Total 219,724
$242,026
Items such as a dumpster with screening, tables with caddy, folding
chairs with caddy, etc. will be purchased by the County prior to the
projects' completion.
RECOMMENDATION: The Manager recommends awarding a bid for $219,724 to
O'Neal Construction, Inc., Chapel Hill, NC, which includes Alternate
#2; acceptance of Alternate #4 as the Board decides; and authorize the
Chair to sign on behalf of the Board.
:.. 7
LCDA
Architects, Construclion Managers a Designers
TABULATION OF RIDS Pon DRMW& C"TY EFUUM - CHEEKS e0010MMIr CENTER AND PARK
PROJECT NO. 468T
BID DAl L: SElxl'1:MM 5, 1891
a Signed
b MSE AApondlx P ftrbrrtared
a Old Bald hwhtdod
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Gain 1gI.m
MWSENO. a
It c
BASE BID
ALT. 1
ALT. 2
ALT. 3
ALT. 4
UUMPLE
PROPOSALS
CAL
Cernrsl Builders. Inc.
4176
x
z x
5775.181.04
1400.00
$26.1a9.oD
$6,600.00
$4,200.00
t7'Nt1a1 Cvnstruodon, Inc.
28118
x
x x
$148,440.00
$411.00
521,286.00
$6.570 -00
$4.421.00
Dells Buklem, Inc.
16636
x
x x
$181,955.04
9375.40
$25.662.00
$6.701.00
14,922.00
Kurtz Construmbn Co-
27256
x
x x
$1U0,503.00
$4w•00
$32.700 -00
$0.100.00
$1.100.00
Romeo CMreex AsaabLItss, Inc.
27079
x
x x
$254.439.00
$375.00
526100.00
S6.W.00
$5.900.00
PaIAM Building Company. Inc.
22128
x
x x
$184,900 -00
$750.00
$17.900.00
$4,700.OD
$4.700.00
PLI�
Induxrial lltlalnL A Supply Co.
5144
x
x x
$15.60¢.00
NIA
NIA
N/A
NIA
HVAC
Dd.W Heating & AIC Co.
10350
x
x x
S2n.300 -00
NIA
NIA
NIA
NIA
f1ECTMAL,
D&J Electrical Contracwrs. Mo.
6203•U
x
x x
$1sjoft.00
NIA
NIA
N/A
NIA
Wood Elecuical GemrMor$
4511 -U
x
x x
$Z4,a00A0
NIA
NIA
MIA
NIA
Wamon EkxndcW Construclivn G0_213 -U
x
x x
Sal 500.00
NIA
NIA
NIA
NIA
SlUGL.E PRIME
PROPOSALS
Central Blrilder9. Ww.
4176
x
it z
9219.599.04
1400.00
$26,i09.00
16,600.00
$4.200.00
&NW ConznnrNio+, IW-
29116
x
x x
$198,440.00
$411.00
$21.2WAO
$6.570.00
!4.421.00
09111 Buiidera, Inc.
16836
x
x x
$234.803 -00
$375.00
$25.6W=
S6.787.00
$4.822.00
Kurt$ COMOUCOM Co.
27266
if
R x
>r.M,500.00
$400.00
932.700.00
$5,100.00
$7.100.00
Romeo Gtseat As9ccimea, Inc.
27073
x
9 It
$296,143.00
$475.00
$28.700.00
i6,900.0D
$0.300.00
Patriot Buildup c4mParty. Irk
29128
x
x x
$234.800.00
$750.00
$17.800.00
$4,700.00
14.500.00
a Signed
b MSE AApondlx P ftrbrrtared
a Old Bald hwhtdod
Ytre hareDy $lenity that the above bid MbuhMort is a true and aawrete record at bids mmhmd.
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3
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. vc�H
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
SUBJECT: Orange County Efland- Cheeks Community Center and Park
------------------------------------------
DEPARTMENT: Manager and Purchasing PUBLIC HEARING YES: NO: X
ATTACHMENT(S):
Draft Lease Agreement
INFORMATION CONTACT:
Geoffrey E. Gledhill, County
Attorney 732 -2196
Telephone Number -
Hillsborough - 732 -8181
Chapel Hill -967 -8251
Mebane - 227 -2031
Durham - 688 -7331
PURPOSE: To consider a lease agreement with the Orange County
Board of Commissioners for the Efland- Cheeks Community
Center and Neighborhood Park.
BACKGROUND: On November 5, 1990 the Orange County Board of
Education approved a 50 -year lease of approximately 5.43 acres of
land owned by the Board of Education, part of its Efland Cheeks
Elementary School property. Since that time development of the
Efland- Cheeks Community Center and Neighborhood Park has progressed
to the point where the plans for the center development have been
approved by Orange County and the Orange County Board of Education.
Construction of the project has been bid and the report of the bids
will take place at this meeting.
At this writing, subdivision approval and site plan approval
by the Orange County Planning Department are in process. It is
anticipated that all necessary approvals will have been obtained
on or before the Board's next meeting (October 7, 1991). The
County Attorney has prepared a lease for the property to be leased
from the Orange County Board of Education and has shared the lease
agreement with the attorney for the Orange County Board of
Education. That lease is presented here for review and approval
by the Board of Commissioners.
RECOMMENDATION(S): Manager recommends that the lease agreement
between the Orange County Board of Education and Orange County be
approved by the Board and that the Chair to the Board and the Clerk
to the Board be authorized to execute the lease in a final form
approved by the Manager and the County Attorney which form shall
be substantially the same as the enclosed draft lease agreement.
STATE OF NORTH CAROLINA
COUNTY OF ORANGE LEASE
THIS LEASE AGREEMENT, made and entered into this the
day of , 1991, by and between the Orange County Board
of Education, a body corporate pursuant to North Carolina General
Statutes §115C -40, hereinafter called "Board of Education," and
Orange County, North Carolina, a body politic and corporate
pursuant to North Carolina General Statutes §153A -11, P.O. Box
8181, Hillsborough, North Carolina 27278, hereinafter called
"County;"
W I T N E S S E T H:
WHEREAS, Board of Education on the day of
1991, approved a lease agreement for a tract of land located on
Richmond Road in the community of Ef land, Orange County, to County,
for the consideration and upon the terms and conditions hereinafter
set forth and duly approved *and authorized the execution of this
lease; and
WHEREAS, the Board of County Commissioners of Orange County,
on the day of , 1991, likewise approved the lease
agreement and duly approved and authorized the execution of this
lease; and
WHEREAS, the parties hereto have mutually agreed to the terms
of this lease agreement as hereinafter set forth.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Board of
Education, in consideration of the sum of ONE DOLLAR ($1.00) in
hand paid, the receipt of which is hereby acknowledged, and of the
agreements on the part of Count to be performed Y p d as hereinafter set
-
�l --
2
x
STATE OF NORTH CAROLINA
COUNTY OF ORANGE LEASE
THIS LEASE AGREEMENT, made and entered into this the
day of , 1991, by and between the Orange County Board
of Education, a body corporate pursuant to North Carolina General
Statutes §115C -40, hereinafter called "Board of Education," and
Orange County, North Carolina, a body politic and corporate
pursuant to North Carolina General Statutes §153A -11, P.O. Box
8181, Hillsborough, North Carolina 27278, hereinafter called
"County;"
W I T N E S S E T H:
WHEREAS, Board of Education on the day of
1991, approved a lease agreement for a tract of land located on
Richmond Road in the community of Ef land, Orange County, to County,
for the consideration and upon the terms and conditions hereinafter
set forth and duly approved *and authorized the execution of this
lease; and
WHEREAS, the Board of County Commissioners of Orange County,
on the day of , 1991, likewise approved the lease
agreement and duly approved and authorized the execution of this
lease; and
WHEREAS, the parties hereto have mutually agreed to the terms
of this lease agreement as hereinafter set forth.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Board of
Education, in consideration of the sum of ONE DOLLAR ($1.00) in
hand paid, the receipt of which is hereby acknowledged, and of the
agreements on the part of Count to be performed Y p d as hereinafter set
9
x
forth, hereby leases, subject to the conditions herein contained,
to County, and County accepts as tenant of Board of Education, the
following described real property located in Cheeks Township,
Orange County, North Carolina, and more particularly described as
follows:
Lot 112," containing 5.43 acres as shown on a survey plat
titled Property Surveyed For Efland- Cheeks Community Center
& Park, prepared August 28, 1991 by Callemyn Land Surveyors,
and recorded in Plat Book , at Page of the Orange
County Register of Deeds.
1. Term. This lease agreement shall commence on the 7th day
of October, 1991, and unless sooner terminated as herein provided
shall exist and continue for a term of fifty ( 50 ) years thereafter.
2. Rental. The rental for the use of said premises shall
be the sum of ONE DOLLAR ($1.00) per year, payable on or before
each anniversary date of this lease to the order of Board of
Education, and forwarded to the finance director of Board of
Education, at the address hereinafter set forth.
3. Acceptance and Use of Premises. County agrees to accept
the premises as they now exist with no obligation on the part of
Board of Education to make any improvements thereto, and agrees
during the term of this lease not to make any unlawful use of the
premises, and to use the premises only for public purposes
authorized by law.
4. Taxes. County agrees and covenants to reimburse Board
of Education for any ad valorem or property taxes, assessments, or
public charges on the real property leased, and on any improvements
located on said real property. The reimbursement shall be made
\ 2
3
4%
within a reasonable time after Board of Education presents County i
a copy of paid bills or other suitable documentation.
5. operation. The property hereby leased shall be operated
by County entirely free of control and direction of Board of
Education, subject to the conditions herein contained and subject
to laws, ordinances, regulations and orders applicable to
properties adjoining a public school. The relationship herein
created is strictly the relationship of landlord and tenant, it
being understood that the parties are not principal and agent,
6. Nuisances. County agrees not to commit or permit any
nuisance on the property hereby leased. County further agrees
throughout the term of this lease agreement, at its own expense,
to promptly comply with the lawful requirements of every applicable
statute, law, ordinance, regulation or order by any federal, state,
county, municipal or other public body, department, commission,
bureau or officer with respect to the use and occupancy of the
premises. Provided, however, County may, at its own expense,
contest the validity of any statute, law, ordinance., regulation or
order. Any noncompliance of any such statute, law, ordinance,
regulation or order by County during such contest, provided such
contest shall be diligently pursued, shall not be deemed a default
under this lease.
7. Assi nabilit . County shall not assign, sublet or
license the leased premises without the prior written consent of
Board of Education, which consent shall not be unreasonably
withheld.
•
3
I
8. Road Im rovements. It is understood and agreed that
County will, prior to the use of said premises or any part thereof
for any public - facilities, construct or cause to be constructed a
gravel drive and parking area (which drive and parking area may
ultimately be paved) which gravel drive and parking area will be
used to access the leased premises. The drive and parking area
shall not be dedicated as a public thoroughfare. County agrees to
maintain said drive and parking area during the term of this lease.
9. Screening, Landscaping and Buffers. County agrees to
leave or provide natural screening, landscaping and buffers all as
required by the Orange County Zoning Ordinance and Subdivision
Regulations. During the term of this lease County agrees to
properly maintain all such screening, landscaping and buffers and
. to make significant alterations to the screening, landscaping and
buffers only with the prior written consent of Board of Education.
10. Improvements. Subject to such approvals as may be
required by the state, county, municipal or other public body,
County shall have the right and option to construct or cause to be
constructed on said premises such structures or other improvements
as it deems appropriate for carrying out the permitted uses of the
property, and to remove or replace any or all of said structures
during the term of this lease or any renewal thereof, and any and
all said improvements shall be and remain the property of County.
During the term of this lease or any renewals thereof, in making
said improvements, County shall have the right to clear (except as
expressly prohibited herein), grade or fill any part of the demised
premises necessary to render said area useable for County purposes
�- 4
5
Orange County Board of Education
c/o Superintendent
200 East King Street
Hillsborough, North Carolina 27278
�1
'
6
and operations. Provided, however, no part of the premises may be
t
used for disposal of wastes of any kind.
At the expiration or termination of this lease or any renewals
thereof, Board of Education may require County to remove at
County's expense and within a reasonable time, any improvements
constructed on the premises by County. Any improvements not
removed at the request of Board of Education shall become the
property of and owned by Board of Education. County further agrees
it will, at the expiration or termination of this lease, or any
renewals thereof, surrender the leased premises in good condition,
damage by the elements, fire or other casualty excepted. This
agreement specifically includes cleaning up the premises of any
debris, trash, building scraps, etc., in addition to any other
restorations, repairs or work necessary.
11. Breach of Agreement. In the event Count should d breach
any of the covenants or conditions set forth herein, then and in
t
that event upon 45 days written notice by Board of Education,
specifying said failure or default, and in the event said failure
or default has not been remedied within said 45 day period, Board
of Education at its election may terminate this lease.
12. Notices. All notices herein provided to be given or
which may be given by either party to the other shall be deemed to
have been fully given when made in writing and deposited in the
United States mail, certified and postage pre -paid and addressed
as follows:
Orange County Board of Education
c/o Superintendent
200 East King Street
Hillsborough, North Carolina 27278
�1
7
t
and to Orange County when addressed as follows:
Orange County, North Carolina
c/o Orange County Manager
P.O. Box 8181
Hillsborough, North Carolina 27278
Nothing herein contained shall preclude the giving of such written
notice by personal service. The address to which notices shall be
mailed by either party may be changed by written notice given to
such other party by the other as hereinbefore provided.
13. Strict Performance. The failure of either party to
insist in any instance upon strict performance of any of the terms
and conditions of this Agreement shall not be construed as a waiver
of the right to insist upon strict performance in any other
instance. No modification of any provision of this lease and, in
the absence of a breach of this Agreement, no cancellation or
surrender of the premises in this lease shall be valid unless in
writing and signed and agreed to by both parties.
14. Acceptance by Lessee. By accepting this lease, County
agrees to be bound by all of its terms and conditions.
IN WITNESS WHEREOF, the Orange County Board of Education has
caused this instrument to be executed in its name by its Chairman,
attested by its Superintendent and its seal hereto affixed by order
of the Orange County Board of Education, and Orange County has
caused this instrument to be executed by the Chairman of its Board
of Commissioners, attested by its Clerk and its seal affixed hereto
by order of its Board of County Commissioners: Board of Education
and County have executed this lease agreement in duplicate
originals.
N.
ORANGE COUNTY BOARD OF EDUCATION
By:
Ralph Warren, Chairman
ATTEST:
(SEAL)
N. Andrew Overstreet
Secretary
ORANGE COUNTY, NORTH CAROLINA
By:
Moses Carey, Chairman
Orange County Board of
Commissioners
ATTEST:
(SEAL)
Beverly A. Blythe, Clerk to the
Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF
Notary Public of the County and State
aforesaid, certify that personally
appeared before me this day and acknowledged that he or she is
secretary of ORANGE COUNTY BOARD OF EDUCATION, and
that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its Chairman, sealed
with its corporate seal and attested by him or her as its
secretary.
Witness my hand and notarial seal, this the day of
1991.
My commission expires:
7
Notary Public
8 1.
•
a
I
STATE OF NORTH CAROLINA
ORANGE COUNTY
I, , a Notary Public for said County
and State, certify that Beverly Blythe personally came before me
this day and acknowledged that she is Clerk to the Board of
Commissioners of Orange County, and that by authority duly given
and as the act of Orange County, the foregoing instrument was
signed in its name by Moses Carey, Jr., Chairman, sealed with its
official seal, and attested by herself as its Clerk.
Witness my hand and official seal, this the day of
1991.
My commission expires:
•
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Notary Public
z
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1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. =--c
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
SUBJECT: LEASE APPROVAL; HILLSBOROUGH BUSINESS CENTER
--------------------------------- •--------- - - - - -_
DEPARTMENT------------------------------------------------------------ - PURCHASING - &`
CENTRALSRVS PUBLIC -HEARING
-- YES ----
NOXX
ATTACAMENT(S): INFORMATION CONTACT: PAM JONES
LEASE EXT 2650
Telephone Number -
Hillsborough - 732 -8181
Chapel Hill -967 -9251
Mebane - 227 -2031
Durham - 688 -7331
PURPOSE: To approve a lease with the Eno River Development Company
for space at the Hillsborough Business Center to be used by Durham
Technical College as classroom and office space.
BACKGROUND: The Economic Development Commission Strategic Plan
established goals for training opportunities in Orange County.
Durham Tech has long expressed interest in offering expanded programs
in Orange County.
In cooperation with the Economic Development office, space for the
expanded programs has been located at the Hillsborough Business Center.
Highlights of the proposed lease agreement are as follows:
I. Eno River Development Company has agreed to provide the space
lease free for the first year. A new lease will be negotiated in 1992.
2. Initial lease term to be October 1, 1991 through
September 30, 1992.
3. The County will pay for utilities in the classroom space only.
Durham Tech will pay for telephone service.
4. Durham Tech plans to upfit the space as part of the Glasswork
associated with the general buildin r
g epalr curriculum.
2
The G.E.D. and the High School Diploma classes, for which the County
has provided space since the 1970'x, will be relocated to this site.
Future offerings could include Skills Training Classes in both general
building maintenance and clerical areas; training classes associated
with the JOBS Training Program; as well as one night seminars in such
areas as small business assistance and job search skills. Classes will
be offered contingent upon local needs.
Present G.E.D. classroom space will be reallocated to accommodate
growth in the Child Support Enforcement office.
RECOMMENDATION: The Manager recommends approval of a lease with
Eno River Development Company for space at the Hillsborough Business
Center, contingent upon attorney and staff review; and authorize the
Chair to sign on behalf of the Board.
NORTH CAROLINA
ORANGE COUNTY
(3)
THIS LEASE, made this _ 17TW day of _.SEDTCMRCQ 019.Z.. by and between ENO
RIVER DEVELOPMENT COMPANY, organized and existing under the laws of the
State of North Carolina, hereinafter called the "Lessor ", anc
COUNTY OF ORANGE a Corporation organized and existing under the
laws of the State of NORTH CAROLINA , hereinafter called the "Lessee".
WITNESSETH:
That for and in consideration of the convenants and agreements hereinafter
set out to be kept and performed by the Lessee. the Lessor has demised anc
leased and by these presents does hereby demise and lease, to the Lessee
for the term and upon the conditions hereinafter set out, the following
described office and warehouse space, (hereinafter referred to as the
°premises ") in a building located in the City of Hillsborough, Orange
County, North Carolina, and more particularly described as follows:
BLDG 5; approx 2900 square feet of open space, 100 square feet of office space located
by elevator E -4
TO HAVE AND TO HOLD said premises and privileges and appurtenance:
thereunto belonging to the Lessee, its successors and assigns, upon the
following terms and conditions:
1. Term This Lease shall begin on 19u— and shall
continue until midnight on 9 /3Q 19M—. unless renewed
2. Rent As rental for said premises, the Lessee shall pay to the Lessor
without notice or demand thereof,
$0.
($ 0 ) per year due and payable in equal monthly
installments, in advance, on the first calendar day of the month
throughout the term, in the amount of so
($ 0 ). Any rent payments not received from the
Lessee by the tenth (loth) day of each month will be subject to .
5% late charge.
3 . Wg ( 4 )
A
The premises shall be used by the Lessee solely for the
purpose of offices laboratory and manufacturing. No other uses
shall be made of the premises without the prior written consent
of the Lessor, but such consent shall not be withheld
unreasonably. No unlawful or offensive use shall be made of the
premises. _ The Lessee agrees to comply with all laws and
ordinances relating to the use of the premises, including to the
storage and use of inflammable or combustible materials.
4. Pollution
There will be no handling,
materials on the premises.
S. Assignment or Leese
storage or processing of toxic
The Lessee shall not assign this Lease or sub -let any part of
the premises without the prior written consent of the Lessor,
which shall not be unreasonably withheld, except Lessee shall
have the right to assign this Lease to a corporation having the
same controlling interest of shareholders as the Lessee.
During the term of this Lease, the Lessor shall pay all ad
valorem taxes and municipal assessments assessed against said
premises and the Lessee shall pay all taxes and assessments
against its personal property within the premises and all taxes
and assessments, if any, imposed by. lawful authority as a result
of its use and occupancy of the premises, including leasehold
improvements. Utilities will be provided by the
7. Insurancl
The Lessor at its own expense, will procure, and keep in force
during the term of this Lease, a policy or policies of fire and
extended coverage insurance, issued by a reliable insurance
company, in a total amount not exceeding the full insurable value
of the premises: and the Lessee, or by any other act of the
Lessee. In the event of loss or damage, covered by such
insurance, the Lessor shall be entitled to the proceeds of all
insurance on the real estate.
S. Damace
if the building in which the leased space is located shall be
damaged or destroyed by fire or other casualty to the extent that
the Lessor is unable or unwilling to continue to provide( 3000 +i Z
square feet of floor space in such building, suitable for the
purpose of the Lessee hereunder, either party may with fifteen
(3)
(15) days after the occurrence of such damage or destruction
elect to terminate this Lease, after notification to Lessee by
Lessor that it is unable or unwilling to provide space. In the
event of such termination, the Lessee's liability for payment for
further rent shall cease as of the date of such damage or
destruction, and it shall be entitled to a refund of any rent
Previously paid by it. proportionate to the remainder of the
month following such date.
9.
In addition to the provision for termination of this Lease
contained in Paragraph 8, if the Lessee shall fail to pay the
rent provided for in Paragraph 2, for any calendar month, by the
10th day of that particular month, or if the Lessee shall fail to
Perform any other covenant or agreement herein required on its
Part, and such default shall continue for a period of twenty (20)
days after written notice from the Lessor and demand by it for
Performance of such covenant or agreement, such termination, as
Provided either in this paragraph or in paragraph 8, the Lessor
may expel the Lessee without prejudice to other remedies. Demand
for possession and notice to quit, as well as every other
formality, are hereby expressly waived in the event of any such
default by the Lessee and termination by the Lessor.
10. BAPIUXA
The Lessor will keep and maintain roof, exterior walls, floor,
heating and air conditioning equipment and parking lot in a good
state of repair.
11.
The Lessee at its own expense may make alterations, additions
and improvements of a material or structural nature only with the
Prior written consent of the Lessor. All alterations, additions
and improvements shall become the property of the Lessor and be
surrendered with the premises upon termination of this Lease, but
the Lessor may require the Lessee to remove any part or all of
such alterations, additions or improvements, at the Lessee's
expense, upon the termination hereof. During the term of this
Lease and upon termination hereof, the Lessee shall have the
right to remove all fixtures, equipment and machinery installed
upon the premises by it. provided that removal can be effected
without materially damaging or affecting the building
structurally. Any damage by such removal shall be repaired by
the Lessee at its expense. The Lessee agrees that it will return
the leased premises at the end of the term or upon any earlier
termination of this Lease, in as good order and condition, fire
or other casualty, ordinary wear and tear excepted, as the same
are at the time of commencement of this Lease.
12.
The Lessor shall have the right to inspect and examine the
Premises at all reasonable hours. During the last six (6) months
( (P )
of the term of this Lease, the Lessor shall have the right to
post a sign on the premises indicating that the same are for sale
or for rent and during such time the Lessor, its agents and
employees, may enter upon the premises with the prospective
purchasers or tenants, for the purpose of showing the same to
such prospective purchasers or tenants, provided however, that
such entry or entries shall be made only at reasonable times and
hours.
13. NQtice
All notices required by or provided in this Agreement shall be
sufficiently given if mailed by registered or certified mail,
addressed as follows:
If intended for the Lessor to:
If intended for the Lessee to:
14.
The Lessor covenants that the Lessee on paying the rent
reserved and performing the covenants and agreements aforesaid
shall, peaceably and quietly have, hold and enjoy the leased
premises.
15. INDEMNITY
TO THE EXTENT PERMITTED BY LAW AND TO THE EXTENT
PROVIDED FOR IN INSURANCE CONTRACTS OWNED BY THE COUNTY, THE
COUNTY SHALL INDEMNIFY AND HOLD HARMLESS LESSOR FROM AND
AGAINST ANY AND ALL CLAIMS ARISING FROM THE COUNTY'S USE OF
THE PREMISES, OR FROM THE CONDUCT OF THE COUNTYS BUSINESS OR
FROM ANY ACTIVITY WORK OR THINGS DONE, PERMITTED OR SUFFERED
BY THE COUNTY IN OR ABOUT THE PREMISES OR ELSEWHERE.
16. Condemnation
If the entire premises shall be taken under any condemnation
1
A.,
14.
The Lessor covenants that the Lessee on paying the rent
reserved and performing the covenants and agreements aforesaid
shall, peaceably and quietly have, hold and enjoy the leased
premises.
15. INDEMNITY
TO THE EXTENT PERMITTED BY LAW AND TO THE EXTENT
PROVIDED FOR IN INSURANCE CONTRACTS OWNED BY THE COUNTY, THE
COUNTY SHALL INDEMNIFY AND HOLD HARMLESS LESSOR FROM AND
AGAINST ANY AND ALL CLAIMS ARISING FROM THE COUNTY'S USE OF
THE PREMISES, OR FROM THE CONDUCT OF THE COUNTYS BUSINESS OR
FROM ANY ACTIVITY WORK OR THINGS DONE, PERMITTED OR SUFFERED
BY THE COUNTY IN OR ABOUT THE PREMISES OR ELSEWHERE.
16. Condemnation
If the entire premises shall be taken under any condemnation
(7)
or eminent domain proceeding, then the Lease shall terminate as
of the date that the condemning body takes possession of the
premises and rent shall abate thereafter. If the remainder is
suitable for the Lessee's purposes, then the rent shall be
reduced in accordance with the ratio which the area of the taken
portion of the premises bears to the area of the entire premises
prior to the taking.
17. Sims
Lessee agrees to use in harmony with other Lessees in the
Building. All signs to be approved by the Lessor whose decision
therein shall be final.
18.
Provided Lessee shall not be in default under this Lease,
Lessee shall have the option to extend said term for ti.,a
additional periods of N/A years by giving written noti-
ce to
Lessor of its intention to exercise said option at least sixty
(60) days prior to the expiration of the original term of this
Lease. All terms and conditions of this Lease during the initial
term shall apply to any renewal thereof.
IN WITNESS WHEREOF, the Lessor and the Lessee, respectively have
caused this instrument to be signed in their names by the
respective partners or corporate officers, sealed with their
coregrate seat_ (as to Lessee) in duplicate counterparts, as of
the day and year first above written.
WITNESS:
ENO RIVER DEVELOPMENT COMPANY
LESSEE
COUNTY OF ORANGE
BEVERLY A. BLYTHF� CLERK MOSES CAREY.� JR.1 CHAIR
b
A
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
Action A ends
Item # ^D
SUBJECT: Equal Employment Opportunity /Affirmative Action Policy
Revisions to the Orange County Personnel Ordinance
DEPARTMENT:
Personnel PUBLIC HEARING: Yes X No
ATTACHMENTS:
INFORMATION CONTACT:
1 - Draft revised
Article II, Elaine Holmes, Personnel Director
Sections
1.0, 3.1 and 3.2
TELEPHONE NUMBERS:
2 - Current
Article II, Hillsborough - 732 -8181
.Sections
1.0, 3.1 and 3.2 Durham - 688 -7331
Mebane - 227 -2031
Chapel Hill - 967- 9251/968 -4501
PURPOSE:
To consider revisions to the Equal Employment
Opportunity /Affirmative Action section of the
Orange County Personnel Ordinance.
BACKGROUND:
The draft revised Equal Employment Opportunity/
Affirmative Action section of the Personnel
Ordinance is provided as Attachment 1. Shown on
Attachment 1 in the left hand column (in boldface
and parentheses) is a cross reference to the
affected provision in the current Personnel
Ordinance. Attachment 2 is the current Equal
Employment Opportunity /Affirmative Action section
of the Personnel Ordinance.
The revised Equal Employment Opportunity policy
reflects necessary updating and includes three
additions to the non - discrimination provision.
The additions are sexual orientation, political
affiliation and Vietnam -Era or disabled veteran
status. The basis for these is as follows:
SEXUAL ORIENTATION
The prohibition against discrimination in
employment on the basis of sexual orientation bars
discrimination against gay men, lesbian women,
bisexual men and women or heterosexual men and
women.
This revision is presented in follow up to the
1
z
recommendation of the Orange County. Human
Relations Commission. There is no provision in
Federal or State law as to discrimination based on
sexual orientation.
_ The Human Relations Commission had proposed the
use of the term "affectional preference." The
term "sexual orientation" has been recommended in
lieu of affectional preference because it is more
specific, it is the commonly used term in the
literature and a survey of employment policies of
area governmental employers indicates it is a
commonly used term in this area. Area employers
using this term in employment policies include The
University of North Carolina at Chapel Hill, Town
of Carrboro, City of Raleigh and City of Durham.
POLITICAL AFFILIATION
The addition of political affiliation to the Equal
Employment Opportunity section of the Personnel
Ordinance addresses an issue identified by the
Office of State Personnel. In its review of the
County's request for the "substantial equivalency"
exemption in the Equal Employment Opportunity/
Affirmative Action section, State Personnel
advises that to qualify for substantial
equivalency the County, among other things, must
include political affiliation as one of the areas
in which the County pledges not to discriminate in
employment.
VETERAN STATUS
The purpose of adding veteran status to the policy
is to assure compliance with Section 402 of the
Vietnam Era Veterans Readjustment Assistance Act
of 1974. This Act prohibits discrimination in
employment against qualified disabled veterans and
veterans of the Vietnam Era by.covered employers.
In addition to the above changes, new section 1.4
has been added which protects employees and
applicants from retaliation for raising a charge
or participating in an investigation of employment
discrimination. This is in conformance with Title
VII of the Civil Rights Act.
RECOMMENDATION: The Manager recommends the Board adopt the
proposed revisions to the Equal Employment
Opportunity /Affirmative Action Policy section of
the Orange County Personnel Ordinance effective
October 1, 1991.
Attachment 1
ARTICLE II
RECRUITMENT AND EMPLOYMENT
1.0 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION POLICY*
1.1 Equal Employment Opportunity Policy
1.1.1 The policy of Orange County is to foster,
maintain and promote equal employment
(OLD 1.1 opportunity. The County prohibits
REVISED) discrimination in employment on the basis
of race, color, national origin, religion,
creed, sex, sexual orientation, age,
disability, political affiliation and
Vietnam -Era or disabled veteran status as
provided in law.
1.1.2 The County's non - discrimination policy
extends to recruitment, selection, hiring,
compensation, promotion, training and all
other aspects of employment.
1.1.3 The County selects employees on the basis
of job related qualifications and without
regard to race, color, national origin,
religion, creed, sex, sexual orientation,
age, disability, political affiliation and
Vietnam -Era or disabled veteran status as
provided in law.
1.2 Affirmative Action Program
(OLD 1.2 In furtherance of Orange County's equal employment
REVISED) opportunity policy, the County has adopted an
Affirmative Action Program. That Program, as
revised from time to time, reaffirms the Countyls
commitment to equal opportunity in employment.
1.3 Legal Basis
(OLD 1.1 This equal employment opportunity /affirmative
FIRST action policy is adopted in accordance with
PARAGRAPH Title VII of the Civil Rights Act of 1964,
REVISED) Executive Order 11246, the Age Discrimination in
*Effective October 1, 1991
4
Employment Act of 1967, the Rehabilitation Act of
1973, the Vietnam Era Veteran's Readjustment Act
of 1974, Sections 126 -16 and 126 -17 of the North
Carolina General Statutes and other applicable
Federal and State laws.
1.4 Prohibition of Retaliatory Action
The County prohibits retaliatory action against
(NEW) any employee or applicant for employment who makes
a charge of employment discrimination, testifies,
assists or participates in any manner at a
hearing, proceeding, or investigation of
employment discrimination.
3.0 RECRUITMENT AND SELECTION
3.1 Purpose*
To establish a procedure for recruitment and
(OLD 3.1) selection to fill vacancies in all permanent
positions, both Full Time and Part Time.
3.2 Policy*
Orange County is an Equal Opportunity /Affirmative
Action Employer. It is the policy of Orange
County to ensure that recruitment and selection
(OLD 3.2) for permanent positions, both Full Time and Part
Time is centralized and /or coordinated through the
Personnel Department to guarantee equal employment
opportunity to all persons without regard to race,
color, national origin, religion, creed, sex,
sexual orientation, age, disability, political
affiliation and Vietnam -Era or disabled veteran
status as provided in law. In accordance with the
law, the County has adopted an Affirmative Action
Plan governing minorities, women and the
handicapped.
*Effective October 1, 1991
1171gWw
From the Orange County Personnel Ordinance published September 6, 1990.
Attachment 2
ARTICLE II
RECRUITMENT AND EMPLOYMENT
1.0 EOUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION POLICY
1.1 Orange County is firmly committed to a policy of Equal
Employment Opportunity. This policy was adopted by
(NEW 1.3 the .Board of Commissioners in 1976, in accordance
REVISED) with The Equal Employment Opportunity Act 01 19721
enacted by the congress of the United States, and
"Equal Employment Opportunity by State departments
and agencies and local political- subdivisions" enacted
by the North Carolina General Assembly.
The policy of Orange County is to foster, maintain, and
promote equal employment opportunity. The County
(NEW 1.1 selects employees on the basis of applicant
REVISED) qualifications and without regard to age, sex, race,
color, creed, religion, or origin. Applicants with
physical handicaps will be given equal consideration
with other applicants for positions in which their
physical handicaps do not represent unreasonable
barriers to satisfactory performance of duties.
1.1.1 Discrimination against any person in
recruitment, examination, appointment,
training, promotion, retention, discipline,
salary increase, or any other aspect of
personnel administration because of race,
creed, color, sex, age, national origin,
religion, mental or physical handicap, or any
other factor not related to merit and fitness
for the position is hereby prohibited.
1.1.2 Discrimination on the basis of age, sex or
physical disability is prohibited except where
specific age, sex or physical requirements
constitute a bona fide occupational
qualification necessary for job performance.
Prior approval must be obtained from U.S.
.Department of.Labor before establishing any age,
sex.or physical requirements.
1.2 In order to implement the County's policy of Equal
Employment, Orange County of February 1981, adopted a
(NEW 1.2 comprehensive Affirmative Action Program. that
REVISED) Program as revised from time to time shall be the
basis upon which Orange County's Affirmative Action
Policy shall be implemented.
1.3 The employment practices of Orange County will adhere
fully to the letter and spirit of this affirmative
(DELETED) action program guaranteeing equal employment
opportunity to all individuals without regard to race,
creed, color, sex, age, 11 national origin.
u
n
From the Orange County Personnel Ordinance published September 6, 1990.
3.0 RECRUITMENT AND SELECTION
3.1 Purpose
To establish a procedure for recruitment and selection
to fill vacancies in all gull -time permanent positions.
3.2 policy
Orange County is an 7-cual Opportunity /Affirmative
Action Employer. It is the policy of Orange County to
ensure that recruitment and selection for all full -
time permanent positions is centralized and /or
coordinated through the Personnel Department to
guarantee Eaual employment Opportunity to all persons
without regard to race, creed, Color, sex, national
origin, age, religion, mental or physical handicap,
labor affiliation or any other factors not related
to merit and fitness for the position. In accordance
with the law, the County has adopted an Affirmative
Action Plan governing minorities, women and the
handicapped.
I
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No.2= IF
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17,1991
SUBJECT: 911 CONSOLES; REJECTION OF BIDS
DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX
ATTACHMENT(S): INFORMATION CONTACT: PAM JONES
EXT 2650
Telephone Number -
Hillsborough - 732 -8181
Chapel Hill - 967 -9251
Mebane -227 -2031
Durham -688 -7331
PURPOSE: To consider rejecting bids for 911 consoles.
oACKGROUND: Following investigation of the low bidder E911 consoles we
ffer the following conclusions:
1. There -is reasonable doubt that the instant recall
recorder bid by Motorola will function according to the intent of the
specification. The intent of the specification was to allow voices
from the telephone and radio to be recorded and heard separately. The
intent of the specification was that either a single recorder, capable
of recording two channels and playing them back separately or more than
one recorder recording each voice could be utilitized to accomplish
this function.
The instant recorder function is important to provide the ability to
immediately verify information that comes from radio transmission or
the telephone. For example, it could be a life- -saver in the event an
officer was down and needed assistance but could not clearly express
the message. If the dispatcher had the ability to play back the
message immediately and perhaps clarify the message the resolution of
the situation may be significantly different.
Motorola has provided us with a reference of one County in which the
recorder they have bid is being utilized in a similar nature to that
which we propose. However, there is still reasonable doubt that the
"voice over" recording, which must ultimately occur when two voices are
being recorded on one channel, will not perform as we require. In
addition, the recorder being proposed by Motorola will not meet
accreditation criteria if one of the law enforcement agencies currently
Dispatched by the 911 Center opts to achieve accreditation status.
PA
Note: The City of Durham has recently added recorders to pick up their
radio transmisison to meet this accreditation criteria.
2. It is obvious by the comments made by Communications
Specialists in their August 27, 1991 letter that there is some
confusion surrounding what bidders were told during their site visit to
the 911 Center. Whether in fact bidders were provided different
information has not been substantiated, however if reasonable doubt
exists it is prudent of us to exercise our right to reject any and all
bids.
Based on the preceding information; the recommendation is made that
the County reject all bids and resolicit bids with the named issues
being clarified. If the Board accepts this recommendation, the time
table in which to rebid will be as follows:
Sept 17, 1991; Board rejects bids.
Sept 20, 1991; Re -bid is advertised and bids are available
to bidders.
Sept 25, 1991; Pre -bid conference is held to clarify any
outstanding issues;
Oct 3, 1991; Bids are received.
Oct 11, 1991; Evaluation of bids is completed. •
Oct 22, 1991; Bids are recommended for award.
RECOMMENDATION: The Manager recommends that the County exercise its
right to reject any and all bids.
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
�{�
ACTION AGENDA ITEM ABSTRACT Item No.
Meeting Date: September 17, 1991
SUBJECT: APPOINTMENTS
DEPARTMENT: BOARD OF COMMISSIONERS
^
ATTACHMENT(S): YES - UNDER SEPARATE
COVER
-------------------------------- --
PUBLIC HEARING YES NO X
INFORMATION CONTACT: BEVERLY BLYTHE
EXT. 2126
TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill - 968 -4501
Mebane - 227 -2031
Durham - 688 -7331
~ - ------------------------
PURPOSE: The attached recommendations are being presented for the Board
of Commissioners consideration.
BACKGROUND:
ORANGE COUNTY VISITORS CENTER - The individual appointments are listed on
page two. The composition of this Board requires the appointment of two
members of the Orange County Board of Commissioners.
RECOMMENDATION(S): As The Board Decides
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: SEPTEMBER 17, 1991
SUBJECT: MINUTES
Action Agenda
Item No.
DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: - -NO: X
ATTACHMENT(S): UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE
TELEPHONE NUMBER -
Hillsborough - 732 -8181
Chapel Hill - 968 -5401
Durham - 688 -7331
Mebane - 227 -2031
-----------------------------
PURPOSE: To correct and /or approve the minutes as submitted for
consideration:
August 26, 1991 - Quarterly Public Hearing
September 3, 1991 - Regular Meeting
BACKGROUND: In accordance with 153A -42 of the General Statutes, the
governing Board has the legal duty to approve all minutes that are
entered into the official journal of the Board's proceedings.
RECOXMENDATION(S): As the Board decides.
CHILD HEALTH DAY
OCTOBER 7, 1991
BY THE CHAIR OF THE ORANGE COUNTY BOARD OF COMMISSIONERS
A PROCLAMATION
On Child Health Day we reaffirm our resolve that all of America's children should
be assured the best possible start in life and should be protected from hazards
and risks that might threaten their life and their health. Providing a safe,
secure and nurturing environment for our children is of paramount importance to
us as parents and families. It must also become an imperative to which we devote
the intelligence and the resources of our communities and our Nation.
It is tragic that thousands of our children are dying and thousands more of them
are permanently disabled because of injuries, both unintentional and intentional.
In 1988, there were 22,426 deaths of children through age 19 caused by injuries.
Injuries account for more deaths of children after the first year of life than
all other causes combined. Many of these injuries are predictable and
preventable.
Research into the cause of many of these injuries has resulted in product
improvements to reduce hazards, such as safety packaging for medicines and toxic
chemicals. Public awareness of some of the safety issues has resulted in
legislative changes to reduce hazards, such as statutes throughout the Nation
requiring child passenger safety restraints. Local initiatives for requiring
bicycle helmets, for fencing around swimming pools, and for playground equipment
standards are making significant contributions toward injury reduction when they
are adopted. Public education campaigns against drunk driving, vigorous
enforcement against child abuse, and training for both children and parents to
help them handle anger and reduce violence all make important contributions.
We have acquired a wealth of knowledge about effective interventions that can
prevent and reduce the incidence of childhood injury. Yet we continue to record
the toll of children killed on the highway, on neighborhood streets, in
playgrounds, and swimming pools, on the worksite, and in their own homes by
injuries that could have been prevented.
During this observance of Child Health Day, let us devote special attention to
preventing these unnecessary deaths. Let us look in our homes and in our
communities at those causes of injury which we can control -- unsafe environments,
unsafe products, unsafe behaviors ---and resolve to remove such hazards to protect
our children.
NOW, THEREFORE, on behalf of the Orange County Board of Commissioners, I do
hereby proclaim Monday, October 7, 1991, as Child Health Day in Orange County.
IN WITNESS WHEREOF, this 17th day of September, 1991.
Moses Carey, Jr., Chair
ORANGE COUNTY COMMISSIONERS
P.O. Box 8181
HILLSBOROUGH, N.C.
Moses Carey, Jr.
27278
Alice M. Cordon
Stephen H. Halkiotis
Verla I. Insko P R O C L A M A T I O N
Don Willhoit
HUNTING AND FISHING DAY IN ORANGE COUNTY
732 -8181
968 -4501
688 -7331
227 -2031
644 -3004 (Fax)
WHEREAS, since the turn of the century, hunters and anglers have
been at the forefront of the conservation movement,
providing the impetus and the financing for many of the
wildlife conservation programs existing today, and
WHEREAS, as individuals, and through their organizations,
sportsmen and women volunteer countless hours of their
time for conservation projects and to educate others
about the wise management of our natural resources, and
WHEREAS, to date., sportsmen and women have provided more than $12
billion nationally for conservation programs that benefit
all species of fish and wildlife, chipmunks and song
birds as well as deer and elk, and
THEREFORE, BE IT RESOLVED -that the Orange County Board of
Commissioners- does hereby proclaim September 28, 1991 as
Hunting and Fishing Day in orange County to recognize the
many contributions local sportsmen. and women have made
to conservation, and
BE IT FURTHER RESOLVED that the Orange County Board of
Commissioners urge all citizens to join and support our
sportsmen and women in their efforts to ensure the wise
use and proper management of our natural resources to
benefit future generations.
This the 17th day of September, 1991.
ATTEST:
40 dw�.4 /,�0,000�__
Beverly A. Blythe, lerk
1iVee5 Larey,
YOU COUNT IN ORANGE COUNTY 1
37�-7/
�3
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this the 1st
day of October , 1991, by and between the Orange
County Board of Education, a body corporate pursuant to North
Carolina General Statutes §115C -40, hereinafter called "Board of
Education," and Orange County, North Carolina, a body politic and
corporate pursuant to North Carolina General Statutes §153A -11,
N P.O. Box 8181, Hillsborough, North Carolina 27278, hereinafter
h
called "County;"
r W I T N E S S E T H
0
WHEREAS, Board of Education on the 16th day of September,
1991, approved a Lease Agreement for a tract of land located on
oRichmond Road in the community of Efland, Orange County, North
Carolina, to County, for the consideration and upon the terms and
° conditions hereinafter set forth and duly approved and authorized
a
W the execution of this Lease; and
Z
M WHEREAS, the Board of County Commissioners of Orange County,
W on the 17th day of September 1991, likewise
approved the Lease Agreement and duly approved and authorized the
M
W execution of this Lease; and
W
Ic
cc WHEREAS, the parties hereto have mutually agreed to the terms
a
of this Lease Agreement as hereinafter set forth.
W NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Board
" of Education, in consideration of the sum of ONE DOLLAR ($1.00)
in hand paid, the receipt of which is hereby acknowledged, and of
the agreements on the part of County to be performed as
hereinafter set forth, hereby leases, subject to the conditions
herein contained, to County, and County accepts as tenant of Board
of Education, the following described real property located in
Cheeks Township, Orange County, North Carolina, and more
particularly described as follows:
Lot 112," containing 5.43 acres as shown on a survey plat
titled Property Surveyed For Efland- Cheeks Community Center
& Park, prepared August 28, 1991 by Callemyn Land Surveyors,
and recorded in Plat Book , Page of the
Orange County Register of Deeds.
1. Term. This Lease Agreement shall commence on the 7th day
of October, 1991, and unless sooner terminated as herein provided
shall exist and continue for a term of fifty (50) years
thereafter.
2. Rental. The rental for the use of said premises shall
be the sum of ONE DOLLAR ($1.00) per year, payable on or before
each anniversary date of this lease to the order of Board of
Education, and forwarded to the finance director of Board of
Education, at the address hereinafter set forth.
N 3. Acceptance and Use of Premises. County agrees to accept
z the premises as they now exist with no obligation on the part of
o Board of Education to make any improvements thereto, and agrees
0 during the term of this lease not to make any unlawful use of the
premises, and to use the premises only for public purposes
0
0 authorized by law. Any and all improvements contemplated and /or
0
o undertaken by County pursuant to this Lease Agreement shall be at
N the sole expense of the County without any reimbursement or
W
contribution by the Board of Education.
4 4. Taxes. County agrees and covenants to reimburse Board
of Education for any ad valorem or property taxes, assessments,
or public charges on the real property leased, and on any
r improvements located on said real property. The reimbursement
IL a
W
shall be made within a reasonable time after Board of Education
Npresents county a copy of paid bills or other suitable
W
U1 documentation.
5. O eration. The property hereby leased shall be operated
by County entirely free of control and direction of Board of
Education, subject to the conditions herein contained and subject
to laws, ordinances, regulations and orders applicable to
properties adjoining a public school. The relationship herein
created is strictly the relationship of landlord and tenant, it
being understood that the parties are not principal and agent.
5. Nuisances. County agrees not to commit or permit any
II nuisance on the property hereby leased. County further agrees
throughout the term of this Lease Agreement, at its own expense,
to promptly comply with the lawful requirements of every
applicable statute, law, ordinance, regulation or order by any
federal, state, county, municipal or other public body,
department, commission, bureau or officer with respect to the use
and occupancy of the premises. Provided, however, County may, at
its own expense, contest the validity of any statute, law,
ordinance, regulation or order. Any noncompliance of any such
statute, law, ordinance, regulation or order by County during such
contest, provided such contest shall be diligently pursued, shall
N not be deemed a default under this lease provided that County
r
shall comply with any final order or judgment of any Court of
Jurisdiction unless stayed during appeal thereof.
a 7. Assignability. County shall not assign, sublet or
0
license the leased premises without the prior written consent of
g Board of Education, which consent shall not be unreasonably
withheld. County shall not assign, sublet, or license subject
a property for purposes other than public purposes authorized by
" law.
W
Z
t8. Road Improvements. It is understood and agreed that
W County will, prior to the use of said premises or any part thereof
J
for any public facilities, construct or cause to be constructed
a gravel drive and parking area (which drive and parking are may
W
ultimately be paved) which gravel drive and parking area will be
L
a used to access the leased premises. The drive and parking are
W shall not be dedicated as a public thoroughfare. County agrees
" to maintain said drive and parking area during the term of this
II lease.
9. Screening, Landscaping and Buffers. County agrees to
leave or provide natural screening, landscaping and buffers all
as required by the Orange County Zoning Ordinance and Subdivision
Regulations. During the term of this lease County agrees to
properly maintain all such screening, landscaping and buffers and
to make significant alterations to the screening, landscaping and
buffers only with the prior written consent of Board of Education.
10. Improvements_ Subject to such approvals as may be
1
required by the state, county, municipal or other public body,
County shall have the right and option to construct, or cause to
be constructed on said premises, such structures or other
improvements as it deems appropriate for carrying out the
permitted uses of the property, and to remove or replace any or
all of said structures during the term of this lease or any
renewal thereof, and any and all said improvements shall be and
remain the property of County. During the term of this lease or
any renewals thereof, in making said improvements, County shall
have the right to clear (except as expressly prohibited herein),
N grade or fill any part of the demised premises necessary to render
o said area useable for County purposes and operations. Provided,
however, no part of the premises may be used for disposal of
0
wastes of any kind.
At the expiration or termination of this lease or any
grenewals thereof, Board of Education may require County to remove
at County's expense and within a reasonable time, any improvements
a
constructed on the premises by County, and grade to ground level.
W Any improvements not removed at the request of Board of Education
shall become the property of and owned by Board of Education.
W
County further agrees it will, at the expiration or termination
a of this lease or any renewals thereof, surrender the leased
m
premises in good condition, damage by the elements, fire or other
LU
casualty excepted. This agreement specifically includes cleaning
Lj up the premises of any debris, trash, building scraps, etc., in
w addition to any other restorations, repairs or work necessary.
11. Breach of Agreement. In the event'County should breach
any of the covenants or conditions set forth herein, then and in
that event, upon 45 days written notice by Board of Education,
specifying said failure or default, and in the event said failure
or default has not been remedied within said 45 day period, Board
of Education, at its election, may terminate this lease.
12. Notices. All notices herein provided to be given or
which may be given by either party to the other shall be deemed
to have been fully given when made in writing and deposited in the
United States mail, certified and postage pre -paid and addressed
as follows:
Orange County Board of Education
c/o Superintendent
200 East King Street
Hillsborough, North Carolina 27278
and to Orange County when addressed as follows:
Orange County, North Carolina
c/o Orange County Manager
P.O. Box 8181
Hillsborough, North Carolina 27278
Nothing herein contained shall preclude the giving of such written
N notice by personal service. The address to which notices shall
N
be mailed by either party may be changed by written notice given
to such other party by the other as hereinbefore provided.
M 13. Strict Performance. The failure of either party to
0
m
insist in any instance upon strict performance of any of the terms
g and conditions of the Agreement shall not be construed as a waiver
of the right to insist upon strict performance in any other
do instance. No modification of any provision of this lease and, in
W the absence of a breach of the Agreement, no cancellation or
ir
N surrender of the premises in this lease during the term of this
6
W lease shall be valid unless in writing and signed and agreed to
J
by both parties.
W14. Acceptance by Lessee. by accepting this lease, County
agrees to be bound by all of its terms and conditions.
a
IN WITNESS WHEREOF, the Orange County Board of Education has
caused this instrument to be executed in its name by its Chairman,
" attested by its Superintendent and its seal hereto affixed by
IIorder of the Orange County Board of Education, and Orange County
has caused this instrument to be executed by the Chairman of its
Board of Commissioners, attested by its Clerk and its seal affixed
hereto by order of its Board of County Commissioners. Board of
11 Education and County have executed this Lease Agreement in
duplicate originals.
_ 9
AT!E
N. Andrew Overstree
Secretary
= ATTE
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T .0-0-0/ 42A55�1
N Beverly ythe, erk of
the Board of Commissioners
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STATE OF N0 7H CAROLINA
COUNTY OF
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O- RAN CAT
COUNT B AR OF EDUCATION
ON alph rren, Chairman
AVAMl
By:
( SEAL)
Moses Carey,
Orange County
Commissioners
( SEAL)
CAROLINA
Notary Public of th,ee county
and State aforesaid, certify 'hrat
personally appeared before me this day and acknowledged that he
or she is Secretary of ORANGE COUNTY BOARD OF
EDUCATION, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by
its Chairman, sealed with its corporate seal and attested by him
or her as its Secretary.
Witness hand and notarial seal, this the �r�_ day of
Notary Public
My commission expires:
Wx
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STATE OF NORTH CAROLINA
ORANGE COUNTY
I, C/- E -mcur:S , a Notary Public for said
County and State, certify that Beverly Blythe personally came
before me this day and acknowledged that she is Clerk to the Board
of Commissioners of Orange County, and that by authority duly
given and as the act of Orange County, the foregoing instrument
was signed in its name by Moses Carey, Jr., Chairman, sealed with
its official seal, and attested by herself as its Clerk.
Witness my hand and official seal, this the A 64 day of
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1%T,5, lqr17— 71 7417
'ittt�
/ss'd Ire �'ccoro�
01 own of �itllshoroug4 101 E. Orange Street
P.O. Box 429
HILLSBOROUGH, NORTH CAROLINA (919) 732 -2104
27278
September 17, 1991
TO: Orange County Board of Commissioners
RE: Orange Water and Sewer Authority
16 Inch Water Line
Why is there a water line from Hillsborough to OWASA?
Before Cane Creek Reservoir, OWASA was in desperate need of
additional water supplies Al serve its ever increasing customer base.
This, of course, was recognized by Orange County, Chapel Hill and
Carrboro. Therefore, a contract was written and OWASA, at the
Authority's expense, constructed the water line and pump station,
valves, etc., to purchase water from Hillsborough. Hillsborough had
at the time enough water reserves to allow OWASA to purchase water,
and also Hillsborough was not involved with the Eno Capacity Plan as
structured by DEM Water Resources Division. I have a memo from me to
my Board Members dated July 12, 1990, which covers most of OWASA's
water purchses from Hillsborough. It clearly shows the prime reason
this line was constructed.
From 1986 to 1990, this line lay empty of any water due to Cane
Creek coming on line and therefore OWASA had enough reserves to supply
its customers without outside sources.
Then in 1990 and again this year, Hillsborough needed to purchase
water from OWASA. These purchases helped Hillsborough serve its cus-
tomers. We are very pleased with this arrangement. Of course, the
cost of water from OWASA is quite expensive.
It is Hillsborough's desire to continue their relationship with
OWASA that started over a decade ago. OWASA can rest assured that
nothing would be installed in their small portion of line that would
prevent the transmission of water from one to another. Hillsborough
is now the one in need just as OWASA was back in 1978.
Cane Creek Reservoir now serves OWASA customers and the need for
outside water purchases are gone. Now this pipe serves only for truly
emergency use and for economic gain by selling water to Hillsborough.
Hillsborough's proposal would not jeopardize either of these and would
provide an extra income, on an annual basis for ten years. I think i
of a million might be nice to have around. I would urge this Board to
approve of Hillsborough's proposal.
Thank you.
.s ~
01 own of 34illsburuug4
HILLSBOROUGH, NORTH CAROLINA
RE: Water Sales to OWASA
DATE: July 12, 1990
101 E. Orange Street
P.O. Box 429
(919) 732 -2104
This is a partial listing to show only the perspective of when
Hillsborough was being a good neighbor and allowing OWASA to purchase
water in times of need.
Over the eight year period listed, OWASA used more than 408
million gallons of water, at total bill gates from 45C in 1978 to 75C
in 1986 for each 1,000 gallons.
Partial Listing from Sept.. 1978 to October, 1986
Date Used Ending
Gallons Water Used
Total Bill Rate per
1000 gallons
Sept.
1978
3,475,000
45c
Oct.
1978
3,201,000
45q,
Dec.
1978
3,294,000
45c
Dec.
1978
2,411,000
45(�
July
1979
3,363,000
45�
Aug.
1979
30,491,000
Split 40C to 45C
Oct.
1979
3,952,000
45C
Dec.
1980
19,032,000
45G
June
1981
13,948,000
60G
July
1981
13,469,000
604
Aug.
1981
7,388,000
60C
Sept
1983
16,192,000
60q,
Oct.
1983
48,870,000
Split 55C to 60q,
Oct.
1983
38,158,000
Split 55c to 60q,
Nov.
1983
1,656,000
60c
July
1984
3,856,000
69q
Sept.
1984
20,217,000
69C
Oct.
1984
35,408,000
69C
Nov.
1984
41,225,000
69(,%
Memorandum
Water Sales to OWASA
Page two
Date Used Ending
Gallons Water Used
July 1985
14,299,000
Aug.`1985
41,089,000
Sept. 1985
26,796,000
Dec. f985
1,838,000
Sept. 1986
12,138,000
Oct. 1986
2,516,000
Total Bill Rate Der
1000 Qallons
70C
70c
70C
70�
75G
75c
During these times, Hillsborough's regular customers and citizens
were paying $1.50 per 1000 gallons starting in 1978 and $1.61 per 1000
gallons ending in 1986. It is clear that our rates were more than fair
to OWASA. I have not compared OWASA's rates from the same period of time
but I do know they were considerable higher than any rate charged by
Hillsborough.
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
ORTM
AGREEMENT BETWEEN
WAKE COUNTY OPPORTUNITIES, INC.
AND
THE ORANGE COUNTY HEALTH DEPARTMENT
THIS AGREEMENT is made and entered into this the seventeenth day of
September, 1991, by and between Wake County Opportunities, Inc. of Raleigh,
North Carolina, for its Headstart Program referred to as "Headstart "; and
the Orange County Health Department of Hillsborough, North Carolina, for its
Dental Clinic hereinafter referred to as "Dental Clinic."
WITNESSETH:
WHEREAS, Headstart desires the services of the Dental Clinic to provide
dental services to the children who are enrolled at the Cedar Grove Center;
WHEREAS, the Dental Clinic wishes to provide dental services for
Headstart;
NOW, THEREFORE, in consideration of the premises and the following
mutual promises, covenants, and conditions, Headstart and the Dental Clinic
agree as follows:
1. The Dental Clinic will provide dental examination, assessment,
treatment, and education services for approximately eighty (80) children,
3 -5 years old, enrolled at the Cedar Grove Center.
2. The Dental Clinic will assure that its employees and contract
officers are covered with professional liability insurance while rendering
services to the Headstart children.
Between Wake County Opportunities, Inc.
and Orange County Health Department
Page 2 of 3
3. The Dental Clinic will submit a bill in an amount of six thousand
dollars (56,000.00) to: Health Coordinator
Wake - Orange and Chatham Head Start
Wake County Opportunities, Inc.
568 East Lenoir Street
Raleigh, North Carolina 27601
4. Headstart will transport and supervise children to the Dental
Clinic in numbers and at times mutually agreed upon by Headstart and the
Dental Clinic.
5. Headstart agrees to provide automobile liability insurance during
the transport of the children to and from the Dental Clinic; and agrees to
hold the Dental Clinic harmless during such transport.
6. Headstart agrees to supply copies of necessary eligibility
determination forms, medicaid cards, medical and dental history, and record
forms (CAP - H.S. -30) for the Dental Clinic to provide, document, and bill for
services rendered.
7. Upon receipt of a bill from the Dental Clinic, Headstart agrees
to make a check payable to the Dental Clinic of the Orange County Health
Department and address it to:
Mr. Daniel B. Reimer, Director
Orange County Health Department
Post Office Box 8181
Hillsborough, North Carolina 27278
8. In the event that the Dental Clinic shall cease or significantly
reduce the level of service below the objectives set out in section one (1)
of the agreement, Headstart may terminate this Agreement; and the Dental
Clinic agrees to return to Headstart a pro rate share of the payment for
services not provided.
Between Wake County Opportunities, Inc.
and Orange County Health Department
Page 3 of 3
9. This Agreement shall run for a period of one year, from the lst day
of October, 1992, to the 30th day of September, 1993, and shall be renewable
thereafter.
10. This Agreement or its renewals may be terminated at any time
without penalty by either party provided that written notice of such
termination is furnished to the other party at least sixty (60) days prior
to termination. In the event of such termination, any payment made or
payment due shall be prorated to the date of termination.
IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in
their official capacities on the day and year listed below.
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
WAK COUNTY OPPORTUNITIES, INC. THE ORANGE COUNTY HEALTH DEPARTMENT
-4 - L11 _a
Executive DY ct r Daniel B. Reimer
Health Director
CT /7 A
Date Date
This instrument has been preaudited in
the manner required by the Local
Government Budget and Fiscal Control Act
-
Kenneth T. Chavious, Director
Orange County Finance
Date -
Moses Carey, Jr., Chair
Orange County Board of Co i sioners
9_ ---- 1p�_ g/
Date
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, is entered into this first day of July,
-1991 between NORTH STATE LEGAL SERVICES, INC. (hereinafter
referred to as NSLS) and the ORANGE COUNTY DEPARTMENT ON
AGING, (hereinafter referred to as OCDOA). The period and
duration of the Agreement shall be from July 1, 1991 to June
30, 1992.
W I T N E S S E T H:
WHEREAS, OCDOA desires to engage NSLS to render certain
technical and professional services hereinafter described in
connection with an undertaking which is expected to be funded
under Title III of the Older Americans Act:
NOW THEREFORE, the parties hereto mutually agree as
follows:
1. NSLS shall do, perform, and carry out in a satis-
factory and proper manner the various services
described below. These services shall be carried
out by a licensed attorney or under the supervision
of a licensed attorney.
F -
(a) To provide 69 units of direct legal services to
persons age 60 years and older who are residents
of Orange County, North Carolina, and who do not
present fee - generating legal cases. Eligibility
for such servicds will be determined without
regard to the client's income.
(b) Direct services for clients will include: civil
representation in court and administrative
proceedings; negotiations on behalf of clients;
preparation of legal documents, e.g. wills;
powers of attorney; contracts; legal pleadings;
legal counseling and /or advice; and referral of
clients to appropriate social service agencies.
Services will be provided to clients presenting meritorious
cases in.the following areas:
i. Preparation of Wills, Powers of Attorney,
. Contracts.
ii. Preparation of Legal Pleadings.
iii. Food Stamps, Medicare, Medicaid and Social
Security Benefits problems.-
iv. Housing Evictions and Repair: Prbblems.
v. Age and Handicapped Discrimination in Employment
and Housing.
vi. Adult Abuse and Nursing Home Problems.
Vii. Bankruptcies.
viii. Consumer and Utility Problems
(c) Program services will be performed in such a
manner so that elderly clients will have access
to such services. Eligible clients may obtain
program services at the Hillsborough office of
NSLS at 114 W. Corbin Street or at a community
location or an individual's home in Orange
County.
2. OCDOA will reimburse NSLS at a rate of $25.00 for
each unit of service provided up to a maximum of
69 units of service during the contract period.
Total OCDOA reimbursement will be $1,725.00, con-
tingent upon provision of 69 units of service. A
unit of service is defined as one case hour of legal
service, whether or not the work is spent in the
presence of the client.
3. NSLS will advise all clients served pursuant to this
agreement that they may make a contribution to the
program. The form to be used by NSLS for this
purpose is attached hereto as Attachment 1.
4. NSLS agrees to provide monthly statistical reports
with a cover invoice requesting reimbursement to the
OCDOA for submission to Triangle J Council of
Governments for payment of services provided. OCDOA
in turn will reimburse NSLS at the reimbursement
rate of $25.00 per service unit reported. The
statistical report form to be used by NSLS for this
purpose is attached hereto as Attachment 2 and the
instructions for completing the form is
Attachment 2A.
5. Nothing in this Agreement shall be construed so as
to conflict with the primary contract entered into
by OCDOA and the Triangle J Council of Governments.
To that end, those terms contained in the above -
mentioned contract are specifically included in this
Agreement and incorporated herein by reference as if fully set
out. Nothing in this Agreement shall be construed so as to
require NSLS or its' attorneys to violate the attorney /client
relationship as governed by the Rules of Professional Conduct
as enacted in the State of North Carolina.
6. At regular intervals, the parties to the Agreement
will discuss the services provided under the
Agreement to correct problems and make necessary
adjustments.
IN WITNESS THEREOF, NSLS and OCDOA have executed this
Agreement as of the date first above written.
Orange aunty Gove ent
By
Chair or Designated Off cial
Date 17- ?/
North Atate gal S rvi s
By ov�,
Chair o D-esllnatn Official
Date J
Attachment 1
ORANGE COUNTY DEPARTMENT ON AGING
DONATION POLICY
Many of the Department on Aging services funded with tax
funds are provided without charge to older residents (60 +) and
their families. However, a few programs, especially cosponsor-
ed with other agencies, require a minimal fee.
The Department on Aging gladly accepts donations which are
received in two convenient ways: (1) mailed to the Orange County
Department on Aging, 300 West Tryon Street, Hillsborough, NC 27278
or, (2) placed in the Department Suggestion Box located at the
reception area of the Hillsborough or Chapel Hill- Carrboro Senior
Centers. Donation envelopes as well as a Suggested Donation Guide
are available upon request from DoA staff.
SCB Approved 9/18/86
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Attachment 2A
INSTRUCTIONS FOR COMPLETING
MONTHLY STATISTICAL REPORT
Monthly statistical reports are required by the Division of
Aging Services to document all Title III funded services.
For most services, providers are required to submit the name
and social security number of each recipient. However, due
to lawyer /client confidentiality, that requirement is waived
for the provision of Legal services.
In completing the form provided as Attachment 3, the Legal
service provider should assign each case an anomynous code,
not to exceed nine digits or characters. This cede should be
listed in the social security number column of the report
form.
The number of units of service should be recorded on the day
provided. Units are to be totaled per person and per day.
Reimbursement will be made based on the total units of
service recorded for the month. The form must be signed and
_ dated. Please submit the original form to the Department ors
Aging no later than the fourth working day of the following
month.
It
F
F
ORANGE COUNTY !N-HOME CARE
PROVIDER AGREEMENT
This _'LE to certify that Medical Personnel Pool Home Health Agency
(Name cif Agencv ) — —
herein after known as the Provider agency, located at
3326 Chapel Hill Blvd., Building A, Suite 230 Durham, N.C. 27707
on thi s f ir. st daN of July 19 91_ a9reeC to pairt i clpate ar. d provider s.r;
the Grange County Elderly In, -F3nme Care Program for the period July 1
1991 through June 30, 1992.
1. The Provider agency agrees, to provide necessary_ In -Home Care at
Levels I, II and III to approved recipients cat, a rate riot to
Hxceed S 9.50 per hour upon, the request of the Orange County
Department on Aginq's Care Management Program, hereinafter known,
as the lead Administrative Agency.
The Provider agency agrees to meet all service provision
s- tandards for .In -Home Care Le -,7els I, IT arid. TIT, such as training
as required by the State of North Carolina and provide
documentation upon request. (Attachment A)
'. The provider agency agrees to provide, the In -Home Care service
within, ten working days from the beginning service date specified
in the Purchase of Service Authorization on each approved
recipient. (Attachment E)
4. The provider agency agrees to ensure that such records as
necessary are kept to fully disclose the extent of the service
provided to recipients for four years and available for
inspection.
5. The Provider agency agrees to submit a monthly bill for services
rendered payable within 30 days from date of receipt.
6. The Provider agency agrees to adhere to the Inter - agency Long Term
Care Management Procedures in the provision of the service.
(Attachment C)
7. The Provider agrees to indemnify and save harmless Orange County,
its agents and employees from and against any and all loss, cost,
damages, expense and liability caused by the failure of the
Provider to fully perform its obligations under this agreement and
in accordance with its terms; or by an accident or other
occurrence causing bodily injury, including death-, sickness,
products or services rendered under this Agreement.
Provider shall maintain general liability insurance with limits no
less than $100,000 /occurrence. Certificates of Insurance
reflecting such coverage must be furnished to Orange County and
shall contain the provision, that Orange County will be given
thirty days written notice of any intent to amend or terminate
such policies by either the Provider or the insuring company.
r
$. This Agreement may be terminated by Orange County upon giving
30 days prior written notice or by the Provider agency upon
giving 30 days prior written notice. However; Orange County
may immediately suspend a provider agency for - violations of the
rules or regulations that govern the program or this agreement.
Le istrat' Agency
By.
Signature of Authoriz ent
CFIA11 ; ORANGff COUNTY
BOARD OF.. COMMISSIONER$
Title of Authorized Ant
Date: ? -f2-- q /
FN:PROVTDER.DOC
Provider A cy
Signature of Authorized Agent
Titqe of Authorized Agent
Date:%
NOTICE OF AWARD
TO: O'NEAL CONSTRUCTION INC.
1829 EAST FRANKLIN STREET
CHAPEL HILL, NC 27514
PROJECT /CONTRACT EFLAND- CHEEKS COMMUNITY CENTER AND PARK
The Owner has considered the Bid submitted by you for the above Work in
response to its Advertisement for Bids dated September 5, 1991 and
Information for Bidders.
You are hereby notified that your Bid has been accepted in the amount of
Two hundred twenty four thousand one hundred forty seven (dollars)
($224,147); includes Alternates ##2 and #/4.
You are required by the Information for Bidders to execute the Agreement
and furnish the required Contractor's Performance Bond, Payment Bond, and
Certificates of insurance within ten calendar days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten
days from the date of this Notice, said Owner will be entitled to consider
all your rights arising out of the Owner's acceptance of your Bid as
abandoned and as a forfeiture of your Bid Bond. The Owner will be
entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice to the Owner.
Dated this 17th day of September, 1991.
OWNER: COUNTY OF ORAN
BY:
MOSES CAREY, JR., CHAI T THE BOARD. -
RECEIPT OF THIS NOTICE IS HEREBY ACKNOWLEDGED THIS day of
1991.
BY:
Print Name:
TITLE:
•
1
ORANGE COUNTY
BOARD OF COMB! I SS I ONERS
Action Agend`r�
Item No. ��
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 1991
SUBJECT: BID AWARD; EFLAND - CHEEKS COMMUNITY CENTER & PARK
-
DEPARTMENT: PURCHASING &CENTRAL SRVS. PUBLIC HEARING YES: NO:XX
---------------------------
ATTACHMENT(S): INFORMATION CONTACT: PAM JONES
EXT 2650
BID TABULATION Telephone Number -
Hillsborough -732 -8181
Chapel Hill - 967 -9251
Mebane - 227 -2031
Durham 688 - 7331
----------------------------------- - - - - -- ----- - - - - -- - - --
PURPOSE: To award a bid for construction of the Efland- Cheeks
Community Center and Park.
BACKGROUND: Bids for this project were received on September 5,
1991; a tabulation is attached. The lowest responsible bidder is
O'Neal Construction, Inc., Chapel Hill, NC.
The scope of work includes construction of a 2755 square foot building
and development of a "tot -lot" playground area, nature trail and picnic
areas; along with sufficient parking for approximately 30 vehicles and
two large buses.
Alternates included in the bid are as follows:
Alternate ##1: Substitute windows without thermal break; deduct
$400 from base bid.
Alternate ##2: Contractor provides playground equipment, picnic
tables, bench and grilles with complete installation; add $21,286 to
bid.
Alternate ##3: Contractor installs only equipment in Alternate 2;
County purchases equipment directly from vendor.
Alternate ##4: A 10' x 12' pre -cast concrete storage building is
substituted for the metal storage building included in the base bid;
1W dd $4,421 to base bid. (Total building cost approximately $5,600.)
Cost analysis indicates that it is to the County's best interest to
accept Alternate ##2.
2
Funds for this project are set out within the CIP as:
E #land- Cheeks Community Center $230,000; and
Efland- Cheeks Neighborhood Park 43,750
Total
$273,750
Expenses to date include:
LCDA (design fees) $ 22,300
Proposed bid award 219,724
Total $242,026
Items such as a dumpster with screening, tables with caddy, folding
chairs with caddy, etc. will be purchased by the County prior to the
Projects completion.
RECOMMENDATION: The Manager recommends awarding a bid for $219,724 to
O'Neal Construction, Inc., Chapel Hill, NC, which includes Alternate
#2; acceptance of Alternate #4 as the Board decides; and authorize the
Chair to sign on behalf of the Board.
N
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2
Funds for this project are set out within the CIP as:
E #land- Cheeks Community Center $230,000; and
Efland- Cheeks Neighborhood Park 43,750
Total
$273,750
Expenses to date include:
LCDA (design fees) $ 22,300
Proposed bid award 219,724
Total $242,026
Items such as a dumpster with screening, tables with caddy, folding
chairs with caddy, etc. will be purchased by the County prior to the
Projects completion.
RECOMMENDATION: The Manager recommends awarding a bid for $219,724 to
O'Neal Construction, Inc., Chapel Hill, NC, which includes Alternate
#2; acceptance of Alternate #4 as the Board decides; and authorize the
Chair to sign on behalf of the Board.
N
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P 01
LCDA
Arl; hilects, Construclicln Managers & Designers
TABULATEON OF BADS FOR DRANGE COUNTY EFLAND - CHEEKS CaWl nY CENTER AND PARK
PROJECT NO. 460T
810 DAl E•: SEPTEMBER S. 1801
CCNTW4TG4q
LragMNQ a
b
c BASE BID
ALT. 1
ALT. 2
ALT. 3
ALT, 4
MULTIPLE
L0,10
PROPOSALS
GDOML Cenaral Sullika. Inc.
4178
x
x
x 5176.191.00
5400.0D
126.109.01)
$6,600.00
$4,800.00
O'Neal Construction, Inc.
29118
x
x
x $148,440 -00
$411,00
$21,296.00
$6.570.00
$4.421.00
Della BukW3, Inc.
16836
x
x
x $161,955.00
$375.00
$25,652.00
$6.781.00
64A=00
Kurtz Qmstruction Co.
27266
x
x
x $1>10,500.00
$400.00
$32,700.00
$6,100.00
$7,16D.00
Remoo Guest Asecdalas, Inc,
27073
x
x
x $234,43$1 01)
9375.00
$26.700.00
14.300.00
65.000.00
Paidot BuNding Company, Inc.
2e12a
x
x
x $184,AD_00
$750.00
$17,800.00
$4,700 -00
S4.3W.00
PLUMBNG Indust" IdahmL 6 Supply Co.
5144
x
x
x $15.602.00
NIA
N/A
N/A
NIA
H1/AC Dd,W Hoa6rmg 8. A,C Co.
10350
x
x
x SMA00.00
NIA
N/A
NIA
NIA
S- ECTFICAL D&J r;bmrlcal Comrsoom, Ina.
6293.1.1
x
x
x $19jB69,00
NIA
NIA
N/A
N/A
Wood Electrical Contractors
4511 -1
x
x
x $24,.100.00
NIA
NIA
NIA
NIA
Watson Eiactniml Cons0wion Go. 213-U
x
x
x $21,100.00
NIA
NIA
NIA
NIA
S111f31.E PRIME
PROPOSALS Central Builders, Inc.
4176
x
x
x $2is.Ww> o0
$400.00
$28,199.00
$6,600 -011
$4.104.00
Oftal Construction. Inc.
29116
x
x
x $199. 440.00
$ 411.00
321.289.00
$8.570.00
$4.421-00
094a Builders, Inc.
16936
x
x
x $224,80.4.00
$375.00
825,552.00
36,79120
34.932.00
Kurtz Construction Go-
27260
x
x
x $295.500.00
$400.110
02.700.00
70,100.00
$7,100.00
NORM* Guest Assxium, Inc.
27073
x
K
x 5296.143.00
$076.00
$26.700.00
16,900.00
$4.300.00
Pwnw Buikiiop Company, Irtc
29128
x
x
x $234,800.00
$750.00
$17.800.00
34,700.00
$4,500.00
e Ppvpusa SWied
b MBE Appondtx D Sulm*fDd
c 6ld Bond holed
we nere0y gtMly than the above bid labultd1on 15 a true and owurale record of bids reoelved.
• _ -f 4 n
x 3672
h Davis. Act y
�+C I+ CAAQ� CA
Post -t" Drland fax transmittal memo 7671 N or pope • l
__. Frllrtt �
a
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epr- phom I -7
T300 Itt ■r -t-3ji
Lucy Carni Davis Asstxiales
976 AIRKYKI Kt )AD - -%11L 20V
c.Hn!•EL HILL, NC' 7' � 11
vex 91997:LgOH_'
3
NORTH CAROLINA
- 4
ORANGE COUNTY
or//7G ORIGINAL °
THIS LEASE, made this 171H day of 919.„_, by and between ENO
RIVER DEVELOPMENT COMPANY, organized and existing under the laws of the
State of North Carolina, hereinafter called the "Lessor ", anc
COUNTY OF ORANGE a Corporation organized and existing under the
laws of the State Of NORTH CAROLINA , hereinafter called the "Lessee".
WITNESSETH:
That for and in consideration of the convenants and agreements hereinafter
set out to be kept and performed by the Lessee, the Lessor has demised anc
leased and by these presents does hereby demise and lease, to the Lessee
for the term and upon the conditions hereinafter set out, the followin<
described office and warehouse space, (hereinafter referred to as the
"premises ") in a building located in the City of Hillsborough, Orange
County, North Carolina, and more particularly described as follows:
BLDG 5; approx 2900 square feet of open space, 100 square feet of office space located
by elevator E -4
TO HAVE AND TO HOLD said premises and privileges and appurtenance.)
thereunto belonging to the Lessee, its successors and assigns, upon the
following terms and conditions:
1. Term
This Lease shall begin on _ 1r,.m 199_ and shall
continue until midnight on 9/309 192,x, unless renewed
2. Rent As rental for said premises, the Lessee shall pay to the Lessor
without notice or demand thereof,
$o
( $ O ) per year due and pa,,
installments, in advance, on the first
throughout the term, in the amount of
($ 0 ). Any rent payments
Lessee by the tenth (10th) day of each
5% late charge.
✓able in equal monthly
calendar day of the month
so
not received from the
month will be subject to
(2)
. 3. Qca
The premises shall be used by the Lessee solely for the
purpose of offices laboratory and manufacturing. No other uses
shall be made of the premises without the prior written consent
of the Lessor, but such consent shall not be withheld
unreasonably. No unlawful or offensive use shall be made of the
premises. The Lessee agrees to comply with all laws and
ordinances relating to the use of the premises, including to the
storage and use of inflammable or combustible materials.
3T-26
There will be no handling,
materials on the premises.
MP-MM
storage or processing of toxic
The Lessee shall not assign this Lease or sub --let any part of
the premises without the prior written consent of the Lessor,
which shall not be unreasonably withheld, except Lessee shall
have the right to assign this Lease to a corporation having the
same controlling interest of shareholders as.the Lessee.
During the term of this Lease, the Lessor shall pay all ad
valorem taxes and municipal assessments assessed against said
premises and the Lessee shall pay all taxes and assessments
against its personal property within the premises and all taxes
and assessments, if any, imposed by lawful authority as a result
of its use and occupancy of the premises, including leasehold
improvements. Utilities will be provided by the
7. Insurance
The Lessor at its own expense, will procure, and keep in force
during the term of this Lease, a policy or policies of fire and
extended coverage insurance, issued by a reliable insurance
company, in a total amount not exceeding the full insurable value
of the premises; and the Lessee, or by any other act of the
Lessee. In the event of loss or damage, covered by such
insurance, the Lessor shall be entitled to the proceeds of all
insurance on the real estate.
8. Dam4ae
If the building in which the leased space is located shall be
damaged or destroyed by fire or other casualty to the extent that
the Lessor is unable or unwilling to continue to provide(3000+i- )
square feet of floor space in such building, suitable for the
purpose of the Lessee hereunder, either party may with fifteen
(3)
(15) days after the occurrence of such damage or destruction
elect to terminate this Lease, after notification to Lessee by
Lessor that it is unable or unwilling to provide space. In the
event of such termination, the Lessee's liability for payment for
further rent shall cease as of the date of such damage or
destruction, and it shall be entitled to a refund of any rent
previously paid by it, proportionate to the remainder of the
month following such date.
9.
In addition to the provision for termination of this Lease
contained in Paragraph 8, if the Lessee shall fail to pay the
rent provided for in Paragraph 2. for any calendar month, by the
10th day of that particular month, or if the Lessee shall fail to
perform any other covenant or agreement herein required on its
part, and such default shall continue for a period of twenty (20)
days after written notice from the Lessor and demand by it for
Performance of such covenant or agreement, such termination, as
Provided either in this paragraph or in paragraph 8, the Lessor
may expel the Lessee without prejudice to other remedies. Demand
for possession and notice to quit, as well as every other
formality, are hereby expressly waived in the event of any.such
default by the Lessee and termination by the Lessor.
10. Bepa rs
The Lessor will keep and maintain roof, exterior walls, .f -loon,
heating and air conditioning equipment and parking lot in a good
state of repair.
11.
The Lessee at its own expense may make alterations, additions
and improvements of a material or structural nature only with the
prior written consent of the Lessor. All alterations, additions
and improvements shall become the property of the Lessor and be
surrendered with the premises upon termination of this Lease, but
the Lessor may require the Lessee to remove any part or all of
such alterations, additions or improvements, at the Lessee's
expense, upon the termination hereof. During the term of this
Lease and upon termination hereof. the Lessee shall have the
right to remove all fixtures, equipment and machinery installed
upon the premises by it, provided that removal can be effected
without materially damaging or affecting the building
structurally. Any damage by such removal shall be repaired by
the Lessee at its expense. The Lessee agrees that it will return
the leased premises at the end of the term or upon any earlier
termination of this Lease, in as good order and condition, fire
or other casualty, ordinary wear and tear excepted, as the same
are at the time of commencement of this Lease.
12.
The Lessor shall have the right to inspect and examine the
premises at all reasonable hours. During the last six (6) months
(4)
of the term of this Lease, the Lessor shall have the right to
post a sign on the premises indicating that the same are for sale
or for rent and during such time the Lessor, its agents and
employees, may enter upon the premises with the prospective
Purchasers or tenants, for the purpose of showing the same to
such prospective purchasers or tenants, provided however, that
such entry or entries shall be made only at reasonable times and
hours.
13 . c[y t i' e
All notices required by or provided in this Agreement shall be
sufficiently given if mailed by registered or certified mail,
addressed as follows:
If intended for the Lessor to:
If intended for the Lessee to:
&n Or
r
14.
The Lessor covenants that the Lessee on paying the rent
reserved and performing the covenants and agreements aforesaid
shall, peaceably and quietly have, hold and enjoy the leased
premises.
15. INDEMNITY
TO THE EXTENT PERMITTED BY LAW AND TO THE EXTENT
PROVIDED FOR IN INSURANCE CONTRACTS OWNED BY THE COUNTY, THE
COUNTY SHALL INDEMNIFY AND HOLD HARMLESS LESSOR FROM AND
AGAINST ANY AND ALL CLAIMS ARISING FROM THE COUNTY'S USE OF
THE PREMISES, OR FROM THE CONDUCT OF THE COUNTYS BUSINESS OR
FROM ANY ACTIVITY WORK OR THINGS DONE, PERMITTED OR SUFFERED
BY THE COUNTY IN OR ABOUT THE PREMISES OR ELSEWHERE.
16. Candamnation
If the entire premises shall be taken under any condemnation
(5)
or eminent domain proceeding, then the Lease shall terminate as
of the date that the condemning body takes possession of the
Premises and rent shall abate thereafter. If the remainder is
suitable for the Lessee's purposes, then the rent shall be
reduced in accordance with the ratio which the area of the taken
portion of the premises bears to the area of the entire premises
prior to the taking.
17. Signs
Lessee agrees to use in harmony with other Lessees in the
Building. All signs to be approved by the Lessor whose decision
therein shall be final.
IS.
Provided Lessee shall not be in default under this Lease,
Lessee shall have the option to extend said term for_b�
additional periods of N/A years by giving written notice to
Lessor of its intention to exercise said option at least sixty
(60) days prior to the expiration of the original term of this
Lease. All terms and conditions of this Lease during the initial
term shall apply to any renewal thereof.
IN WITNESS WHEREOF, the Lessor and the Lessee, respectively have
caused this instrument to be signed in their names by the
respective partners or corporate officers, sealed with their
Corpora - to-seal, (as to Lessee) in duplicate counterparts, as of
the day and year first above written.
WITNESS:
Ag�
BEVERLY A. 1316YTHE,1 CLERK
ENO RIVER DEVELOPMENT COMPANY
LESSEE
COUNTY OF ORANGE
MOSES CAREY,, JR.1 CHAIR
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