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HomeMy WebLinkAboutAgenda - 01-21-1992ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL TUESDAY, JANUARY 21, 1992 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE OWASA OPERATION CENTER CLERK'S OFFICE. 400 JONES FERRY ROAD CARRBORO, 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.) B. Matters not on the Printed Agenda PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. III. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Disciplinary Action Revision to the Personnel ordinance B. Bid Award -- Recreation Roof Replacement C. Resolution to Apply and Enter into Agreement with N. C. Department of Transportation for UMTA Section 18 Capital Funds D. Budget Ordinance Amendment #9 E. Historic Inventory Grant Application - -Phase II F. Resolution for Cooperative Purchasing Agreement IV. RESOLUTIONS /PROCLAMATIONS. V. SPECIAL PRESENTATIONS A. Orange County Arts Commission Presentation of Grant Awards and Report VI. PUBLIC HEARINGS VII. REPORTS A. 24 -Hour Courthouse Update B. Tanglewood Acres Subdivision C. School Bond Referendum D. Impact Fees for Public School Facilities E. Appointment of Bond Counsel F. .- Community Interest in a Playground for the Perry Hills Subdivision G. Sewer Bottleneck VIII. ITEMS FOR DECISION -- REGULAR AGENDA A. Maternal and Infant Outreach Project B. Response to Pending NPDES Application C. Government Services Center Name D. Establish an Orange County Solid Waste Committee E. Orientation Training for Boards and Commissions IX. BOARD COMMENTS X. COUNTY MANAGER'S REPORT XI. APPOINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION XIV. ADJOURNMENT * * ** SPECIAL MEETING NOTICE * * ** JANUARY 18, 1992 THE Board of Commissioners will meet with the Orange County Schools and Chapel Hill /Carrboro Schools Boards of Education at the Homestead Community Building, Homestead Road, Chapel Hill from 9 :00 am to 1:00 pm. APPROVED 2 -3 -92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JANUARY 21, 1992 The Orange County Board of Commissioners met in Regular Session on Tuesday, January 21, 1992 at 7:30 p.m. in the OWASA Community Meeting Room, Jones Ferry Road, Carrboro, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., and Commissioners Stephen H. Halkiotis, Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, Economic Development Director Ted Abernathy, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Administrative Assistant to Assistant County Managers Loretta Coble, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, Budget Director Sally Kost, Acting Commission for Women Director Lucy Lewis, Public Works Director Wilbert McAdoo, Recreation and Parks Director MaryAnne Moore, Department on Aging Director Jerry Passmore, Health Director Dan Reimer, Planners Mary Scearbo and Don Powell, Systems Analyst Jane Sparks, and County Engineer Paul Thames. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERKS OFFICE. I. ADDITIONS OR CHANGES TO THE AGENDA A resolution endorsing extended area telephone service customer polling was added as item IV -A. 11. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that those who want to speak to an item on the Printed Agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chairman Carey dispensed with the reading of the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approved those items on the Consent Agenda as listed below: A. DISCIPLINARY ACTION REVISION TO THE PERSONNEL ORDINANCE The Board approved revisions and additions to Section 4.0, Article IX and to Sections 8 and 10, Article III of the Personnel Ordinance. These amendments are incorporated into these minutes by reference and may be found on pages attached to these minutes. Fa B. BID AWARD - CENTRAL RECREATION CENTER ROOF REPLACEMENT The Board approved a contract for Cyclone Roofing Company in the amount of $27,300 and authorized the Chair to sign contingent upon staff and attorney review. The other bids received are listed below: Interstate Roofing, Charlotte $ 34,381 Cannon Roofing, Spartenburg $ 28,086 Mecklenburg Roofing, Charlotte $ 29,914 Lanway Roofing, Raleigh $ 28,920 C. RESOLUTION TO APPLY AND ENTER INTO AGREEMENT WITH N.C. DEPARTMENT OF TRANSPORTATION FOR UMTA SECTION 18 CAPITAL FUNDS The Board approved and authorized the Chair to sign a resolution to apply for UMTA Section 18 Capital Funding and enter into an agreement with the North Carolina Department of Transportation contingent on the review of the County Attorney. The resolution is stated below: WHEREAS, the North Carolina Department of Transportation has received a grant from the US Department of Transportation authorized by Section 18 of Urban Mass Transportation Act of 1964, as amended, to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation ( NCDOT) as the agency responsible for administering funds received through Section 18 of the Urban Mass Transportation Act of 1964; and WHEREAS, The County of Orange, hereby assures and certifies that it will comply with the Federal Statutes, regulations, executive orders, the Special Section 13 (c) Warranty, and all administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration, as well as the provisions of Section 1001 of Title 18, U.S.C. NOW, THEREFORE, be it resolved that the Chair of the Orange County Commissioners is hereby authorized to submit a grant application for funding under Section 18 of the Urban Mass Transportation Act of 1964, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. D. BUDGET ORDINANCE AMENDMENT #9. The Board approved the following amendments to the 1991 -92 Budget Ordinance: GENERAL FUND Source - Transfers in $ 9,850 Appropriation - Miscellaneous $ 9,850 SCHOOL CAPITAL RESERVE FUND Source - Appropriated Fund Balance $ 9,850 Appropriation - Transfer to Other Funds $ 9,850 (To budget for survey of Orange County voters concerning the proposed school bond referendum.) E. HISTORIC INVENTORY GRANT APPLICATION - PHASE II In January, 1991, Orange County applied for and received a $5,000 grant to conduct an inventory of historic sites and structures in the unincorporated portions of Chapel Hill Township. This represented Phase I of a larger project. Phase II will involve an inventory of historic sites and structures in the remaining unincorporated portions of the County. The Board authorized the County Manager to apply for up to $15,000 from the Survey and Planning Grant Program. The amount would be matched by $15,000 from Orange County. F. RESOLUTION FOR COOPERATIVE PURCHASING AGREEMENT The Board approved and authorized the Purchasing Director to sign a resolution (as stated below) authorizing a cooperative purchasing agreement between the County of Orange and the City of Raleigh for the purchase of fifteen (15) Law Enforcement four -door sedans. A RESOLUTION AUTHORIZING COOPERATIVE PURCHASING BETWEEN ORANGE COUNTY AND OTHER COUNTY AND MUNICIPAL GOVERNMENTS WHEREAS, the Commissioners of the County of Orange, North Carolina, see the need to maintain efficient local services by purchasing needed supplies and materials at the lowest possible purchasing price; and WHEREAS, the Commissioners of the County of Orange, North Carolina, realize the value of cooperative purchasing in saving money and exchanging important information among County and municipal governments in the immediate geographical area; and WHEREAS, the Commissioners of the County of Orange, North Carolina, realize the importance of selecting the bid proposal that is most advantageous to the needs of the people of the County of Orange; and WHEREAS, authority for cooperative purchasing by and between several units of local government is found in Article 20 of Chapter 160A of the General Statutes of North Carolina, WHEREAS, the City of Raleigh solicited proposals for law enforcement vehicles for itself and other governments composing the Triangle J Regional Council of Governments on December 11, 1991, and that bid was awarded to Capital Ford of Raleigh, NOW, therefore, be it resolved by the Commissioners of the County of Orange, North Carolina, pursuant to Board action on January 6, 1992 authorizing the purchase of fifteen law enforcement vehicles, that the Director of Purchasing and Central Services of the County of Orange is authorized to contract with the City of Raleigh for fifteen (15) Crown Victoria vehicles from Capital Ford at a total cost of $175,710.00 through the City of Raleigh's bid of December 11, 1991. VOTE: UNANIMOUS IV. RESOLUTIONS PROCLAMATIONS A. RESOLUTION ENDORSING EXTENDED AREA TELEPHONE SERVICE CUSTOMER POLLING Motion was made by Commissioner Gordon, seconded by Chair Carey to approve and authorize the Chair to sign the resolution as stated below: 9 RESOLUTION ENDORSING EXTENDED AREA TELEPHONE SERVICE CUSTOMER POLLING WHEREAS, citizens of Orange County during the last twenty years have repeatedly sought the right to be polled about their preferences on the matter of flat -rate Extended Area Telephone Service (EAS) in orange County, and WHEREAS, such efforts have repeatedly been turned down, most recently in the September 27, 1991 order of the North Carolina Utilities Commission denying Orange County EAS, and WHEREAS, the Utilities Commission based its order largely on objections to proposals for flat -rate EAS raised by Mebane Home Telephone Company, and WHEREAS, Mebane Home Telephone Company has since worked diligently and in good faith with representatives of Orange County government and citizen groups to overcome barriers to polling customers about their EAS preferences, and has submitted proposals to the Utilities Commission that, if approved, would lead to such polling, NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS ENDORSES the proposals set forth by Mebane Home Telephone company: namely, that a poll of all customers in the Mebane Exchange be conducted with additional monthly charges for flat -rate EAS to Centel's Hillsborough and Southern Bell's Chapel Hill exchanges at $3.19 for residential customers and $8.08 for each business access line; and should EAS not pass in such a vote, that a second poll involving only Orange County customers of Mebane Home Telephone be conducted at $4.39 and $11.12 for residential and business access customers respectively; REQUESTS that the North Carolina Utilities Commission reconsider its decision of September 27, 1991 and as soon as possible order polling of telephone customers in accordance with the Mebane Home Telephone proposal; further, that the votes of the Mebane Home and Centel exchanges should be combined in determining whether orange County EAS passes or fails; and DIRECTS the County Attorney to file with the North Carolina Utilities commission a response, to the Mebane Home Telephone comments, that incorporates the points made in this resolution. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS A. ORANGE COUNTY ARTS COMMISSION PRESENTATION OF GRANT AWARDS AND REPORT Bill Hannah, Vice -Chair of the Arts Commission made a few comments about the Arts Commission. Checks were distributed to the following organizations: Ackland Art Museum $ 970.00 Carrboro PTA 350.00 CHCCS PTA Cultural Enrichment Comm. 1,000.00 Community Youth Theatre 400.00 Efland- Cheeks School 300.00 5 Estes Hills PTA 150.00 Grady Brown School 325.00 Hillsborough Arts Council 1,000.00 Horace Williams House 150.00 Horace Williams House 400.00 Musica 700.00 Orange County Public Library 500.00 Perihelion Theatre 1,000.00 Sam Irving Productions -CH High 365.00 St. Mary's School 1,000.00 Stanback Middle School 1,000.00 Touch Mime theatre 1,000.00 VI. PIIBLIC HEARING - NONE V11. REPORTS A. 24 -HOUR COURTHOUSE UPDATE John Link explained that since January, 1991, the 24 -Hour Courthouse Project Team has worked closely with southern Media to write and edit descriptions of County department activities; select video shots; write and edit voice narratives for video shots, finalize the design for the kiosk and shoot video footage. The project is scheduled to be completed by April 30. Jane Sparks, Data Processing, and Peggy Rabb, Southern Media programmed and produced excerpts of the 24 -Hour Courthouse project and demonstrated by using several menus how the program would be used by the citizens. Jane Sparks will be updating the narrative for the program weekly. The video will be updated every two or three years. The project will be named "In Touch with Orange County ". A section on the commonly asked questions will be pursued at a later time. B. TANGLEWOOD ACRES SUBDIVISION John Link stated that in response to a concern expressed by Khye Weng Ng and Guat Cheng Ng about Tanglewood Acres Subdivision, a resolution has been reached. Mr. Ng has agreed to post a letter of credit which will delay the construction of the road for one year and allow for the recordation of the plat and the sale of lots prior to road construction. C. SCHOOL BOND REFERENDUM Chair Carey stated that Commissioner Insko will serve with him on the nonbinding committee. Commissioner Gordon shared with the Board some calculations on projected enrollment versus capacity. D. IMPACT FEES FOR PIIBLIC SCHOOL FACILITIES Marvin Collins presented a technical report on methods used for calculating proportionate share impact fees for financing public school facilities. He summarized the steps that will be used in the process of deriving impact fees. This report will be shared with the school systems and citizens for their comments. C1 The Board agreed to add to their list of items for continuing discussion with the schools the use of school facilities by recreation departments, state and local standards (construction costs) and the replacement of schools. E. APPOINTMENT OF BOND COUNSEL John Link reported to the Board on hiring a bond firm located in North Carolina. He stated that if the County decides on a bond referendum for May, he recommends that the County retain its current bond counsel of Brown & Wood. If the bond referendum is later than May, he will do an assessment process in an effort to locate a firm in North Carolina. F. COMMUNITY INTEREST IN A PLAYGROUND FOR THE PERRY HILLS SUBDIVISION MaryAnne Moore reported on the interest expressed by the citizens of Perry Hills Subdivision for a playground to serve the residents of that community. This neighborhood is located between the proposed Efland Park and Lake Michel. The Recreation and Parks Advisory Council recognizes the uniqueness of this subdivision but county policy direction to date has been one of focusing efforts on developing six identified larger community, not neighborhood, parks. Commissioner Willhoit suggested that the County try to sell this land for $12,000 and put the money back into the solid waste fund. The Board agreed that the land would be placed on the market at a fair market value. The County would be receptive to working with the community if they would like to purchase this property for a park. Commissioner Willhoit noted that the property will be more valuable when sewer lines are available. G. SEWER BOTTLENECK Ted Abernathy reported that progress is being made to correct the sewer bottleneck which exists at 86/70A and Elizabeth Brady Road. In 1988 the County set aside $66,000 as its contribution to correct this problem. Complications delayed the project which caused an increase in the cost of the project. In February a formal request will be made for the County to contribute an additional $12,000. VIII. ITEMS FOR DECISION- REGULAR AGENDA A. MATERNAL AND INFANT OUTREACH PROJECT Dan Reimer reported on a proposal to accept a grant through the state from the Kate B. Reynolds Trust to establish two (2) Maternal Outreach Worker positions as an adjunct to the Baby Love, Maternity Care Coordination Program. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to accept a grant through the State from the Kate B. Reynolds Trust and to establish two, time - limited, Maternal Outreach Worker positions which would be tied to available funding through the grant, and account for the program funds through a grant project ordinance. VOTE: AYES, 4; ABSTENTION, 1 (Chairman Carey because the organization he works for will be sharing this position). B. RESPONSE TO PENDING NPDES APPLICATION Marvin Collins asked the Board to consider a response to applications for NPDES permits from the N.C. Division of Environmental Management ( NCDEM) . Orange County was notified recently by the NCDEM that it had received applications for National Pollutant Discharge Elimination System (NPDES) permits from Martin - Marietta Aggregates and M. M. Fowler, Inc. The Martin - Marietta application is for the purpose of discharging wastewater from the quarry on N.C. Highway 54 to Phils Creek. The M.M. Fowler, Inc. application is for the purpose of discharging wastewater from a treatment facility at Hurley's I -85 Gulf (BP) Station on N.C. Highway 86. Comments on these two applications must be submitted to NCDEM no later than January 23, 1992. This did not provide adequate time for staff review. Martin - Marietta is located in the University Lake Watershed and the Joint Planning Area. NCDEM is authorized to conduct public hearings on such applications, and a public hearing may.be the best format for the presentation of comments by concerned parties. Mr. Danzinger noted that at the public hearing held in Carrboro on October 10, 1991, seven people spoke against development of the quarry and no citizen spoke in favor of this development. He asked that the Board direct Moses Carey to not allow American Stone to expand their existing quarry because (1) consistency of past actions to protect the watershed, (2) it is not fair to the citizens in the neighborhood who have had other restrictions placed on their land, (3) if American Stone is told that it is okay to do this they will then come back to the Board of County Commissioners with a request to enlarge the asphalt plant and expand the quarry and it will be hard to say no, (4) it will cost more money to clean what is now being incurred and when the asphalt and quarry plant are there it will cost even more, and (5) the citizens have waited 25 years for the quarry to shut down. If the quarry does not expand, then other uses for this land need to be explored. He supports a negative response to DEM. After a lengthy discussion, a motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to write a letter requesting that a public hearing be held for M. M. Fowler, Inc. and American Stone with the statement that if a public hearing is not considered for American Stone that the County recommends that the permit be denied. VOTE: UNANIMOUS C. GOVERNMENT SERVICES CENTER NAME Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to officially name the new facility currently being constructed at the corner of Margaret Lane and Cameron Street "Orange County Government Services Center ". VOTE: UNANIMOUS D. ESTABLISH AN ORANGE COUNTY SOLID WASTE COMMITTEE Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to adopt the resolution as stated below establishing an orange County Solid Waste Committee including the charge and agenda as outlined in the agenda abstract. VOTE: UNANIMOUS 8 A RESOLUTION ESTABLISHING THE ORANGE COUNTY SOLID WASTE COMMITTEE WHEREAS, Orange County is investigating various alternatives for integrated solid waste management; and WHEREAS, a good solid waste management plan incorporates goals of the state and county as well as the provision of a satisfactory level of service to the citizens of Orange County; and WHEREAS, citizen satisfaction with and commitment to a plan is enhanced by their understanding of and involvement in the creation of the plan; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the Commissioners hereby establish an Orange County Solid Waste Committee to consist of members appointed by the governing body. BE IT FURTHER RESOLVED that the charge of the Committee shall be: (1) To identify a means for compliance with state mandates regarding solid waste management in unincorporated Orange County. (2) To identify solid waste collection service to be provided as determined by citizen needs. (3) To identify equitable financing for the chosen level of service. (4) To identify means for garnering citizen support for and commitment to a solid waste management plan. VOTE: UNANIMOUS E. ORIENTATION TRAINING FOR BOARDS AND COMMISSIONS This item was delayed and will be placed on the February 18th agenda for consideration. IS. BOARD COMMENTS Commissioner Gordon informed the Board that TJCOG will meet at New Hope School to discuss main issues in Orange County. She feels the main issues are water, land use, school bond and landfill. Commissioner Halkiotis reported on a conference he just attended on sentencing. He would like to place on an upcoming agenda a discussion on the housing of all misdemeanants. The State is proposing that all misdemeanants be housed in local jails instead of State prisons. There is general agreement with the plan if funding is made available. COUNTY MANAGER'S REPORT - NONE %I. APPOINTMENTS LOCAL EMERGENCY RESPONSE PLANNING COMMITTEE Motion was made by Commissioner Willhoit, seconded by Chairman Carey to appoint William Robbins to a three year term. VOTE: UNANIMOUS TRIANGLE J EMERGENCY MEDICAL SERVICES COUNCIL Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to appoint Victor Germino to a three year term. VOTE: UNANIMOUS COMMISSION FOR WOMEN Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to appoint Emma Beckham and Valor Mack to finish unexpired terms ending June 30, 1992. VOTE: UNANIMOUS ORANGE COUNTY PLANNING BOARD Motion was made by Commissioner Gordon, seconded by Chairman Carey to reappoint H. Paul Hoecke, Wm. Waddell, D. Kent Scott, C 1 in t o n Burklin, and Virginia Boland for three year terms. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the minutes for October 10, 1991 - JPA Public Hearing as corrected. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the minutes for January 6, 1992 - Regular Meeting as circulated. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION -NONE XIV. ADJOURNMENT With no further items for discussion, Chairman Moses Carey adjourned the meeting at 10:40 p.m. The next regular meeting will be held on Monday, February 3, 1992 at 7:30 p.m. in the Courtroom of the Old Courthouse in Hillsborough, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr., Chair 3 OR AN G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 Action Agenda Item # --ar-7�9. SUBJECT: Disciplinary Action Revision to the Personnel Ordinance DEPARTMENT: Personnel ATTACHMENT(S): Attachment 1 - Draft Revised Section 4.0, Article IX, of the Personnel Ordinance Attachment 2 - Current Article IX of the Personnel Ordinance Attachment 3 - Draft Revised Sections 8 and 10, Article III of the Personnel Ordinance PUBLIC HEARING: Yes xNO INFORMATION CONTACT: Elaine Holmes, Personnel Director TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To revise the Disciplinary Action section of the Orange County Personnel Ordinance. At the January 6, 1992 Board of Commissioners' meeting, Personnel reported on the proposed revision to the Disciplinary Action section of the Personnel Ordinance. As part of the planned process of reviewing and updating the Orange County Personnel Ordinance, the Personnel Department has completed a comprehensive review of the Disciplinary Action section of the Ordinance. As a result of this review, Personnel has developed the draft Disciplinary Action section revision provided as Attachment 1. The current Disciplinary Action section of the Ordinance is provided as Attachment 2 along with the remainder of Article IX. Attachment 3 is a draft revision to Sections 8 and 10 of Article III of the Ordinance to coordinate these sections with the revised Disciplinary Action section. The process of developing the revised draft has included review by department heads and by members of the Employee Relations Consortium. In addition, the draft has been reviewed by the County Attorney and Institute of Government staff. 2, U A. Revision Objectives The specific objectives of the Disciplinary Action policy revision are to: 1. Make. the disciplinary action policy more clear - and - understandable for supervisors. 2. Assure that legal due process requirements are met in carrying out any disciplinary action. 3. Include the Personnel Department's role. 4. Specify the policy coverage as to the various types of employees. 5. Compile in one place the major guides for employee performance and conduct in a format which will facilitate their communication. B. Key Changes Key changes include the following: 1. Coverage New Item 4.2 This clarifies the policy coverage. It reflects the current practice and does not represent a change in coverage. 2. Disciplinary Action Based on Work Performance (Revised Section 4.5.1 Exceptions This provides the flexibility with the County Manager's prior approval, to take an action other than Oral Warning in instances of certain serious work performance deficiencies which may not fall in the personal conduct category. 3. Personnel De artment Role New Section 4.7 This section specifies and clarifies the role the Personnel Department and Personnel Director play in the Disciplinary Action process. 4. Investigative Suspension New Section 4.8 This section has been changed to allow for an employee to be suspended with pay pending an investigation. This change was made on the advice of the County Attorney. 3 5. Required Disciplinary Action Process (New ARgendix 1) This lays out in outline format the specific steps in the disciplinary action process. The format was selected to facilitate use by supervisors. Revisions to this process include: - Advising the employee of his or her appeal rights when any disciplinary action is taken. - Providing for written confirmation to the employee of an oral warning. - Providing that any dismissal decision is reached following the consideration of information received in the pre - dismissal conference and not in the pre - dismissal conference itself. - Providing the same process for carrying out a disciplinary demotion or a disciplinary suspension as that for a dismissal in order to assure due process requirements are met. 6. Guides For Work Performance and Personal Conduct New Appendix 2 This appendix has been added to provide a representative list of unsatisfactory work performance and unacceptable personal conduct on which a disciplinary action may be based. Listing these in one place in the Ordinance facilitates reference by supervisors and communication of these to employees. The Attachment 1 draft includes two changes from that reviewed by Commissioners on January 6. On page 14, Item 2b(10) has been revised in response to Commissioner Insko's suggestion that it be made more specific. On page 11, Item 4f has been revised to make it clear that the County Manager makes the dismissal decision. RECOMMENDATION: The Manager recommends the Board adopt the proposed Personnel Ordinance revisions effective February 1, 1992. 4, Attachment 1 (1 -8 -92) DRAFT REVISED SECTION 4.0 FROM ARTICLE IX OF THE PERSONNEL ORDINANCE 4.0 DisciRlinaKy Action 4.1 General Old It is the intent of Orange County in establishing 4.0 this policy to provide a fair, clear and useful first tool for correcting performance or conduct para- problems. Disciplinary action, when imposed, will graph be for the purpose of improving employee and County revised performance. When an employee fails to meet his or her work performance or conduct responsibilities, the supervisor is responsible for correcting such failure by initiating appropriate disciplinary action. Old An employee may be warned, demoted, suspended or 4.1 dismissed for just cause. The degree and type of action taken shall be based on the sound and considered judgment of the appropriate authority in accordance with the provisions of this Section. Now 4.3 Coverage This Section applies to Permanent employees who have completed the probationary period. Exception: This section does not apply to employees of the Sheriff's Department, Register of Deeds Office or others specifically exempted under Article I of this Personnel Ordinance. New 4.3 TV2es of Disci2linary Action 4.3.1 The only types of actions which may be taken for disciplinary purposes are the following: - Oral Warning With Written Confirmation - First Written Warning - - - Final Written Warning - Dismissal - Disciplinary Suspension Without Pay - Disciplinary Demotion 5 New 4.3.2 Appendix 1 describes the required process for each disciplinary action. Old 4.3.3 A disciplinary suspension without pay must 4.5.5 be for at least one workday and may not be for more than three workdays. 4.4 Causes for Disciplinary Action Old 4.4.1 Disciplinary action may be taken based on 4.2 unsatisfactory work performance or second unacceptable personal conduct. paragraph -The work performance category is used in addressing performance - related inadequacies for which a reasonable person would expect to be notified and allowed the opportunity to improve. -The personal conduct category is used in addressing those actions for which no reasonable person could or should expect to receive prior warnings. New 4.4.2 Appendix 2 provides "Guides for Work Performance and Personal Conduct." 4.4.3 Special Provision - Credentials Old By law some County positions may be 5.0 performed only by persons who are duly revised licensed, registered or certified as required by the relevant law. Failure to maintain the required credentials is procedurally a personal conduct violation and the basis for dismissal without prior warning. Any such dismissal is handled in accordance with.the process specified in Appendix 1 of this Article. 4.5 Disciplinar3 Action Based On Work Performance Old 4.5.1 An employee must receive an Oral Warning, a 4.3 First Written Warning and a Final Written revised Warning prior to any dismissal for work performance. New Exception: In instances of serious work performance deficiency which endanger the safety of persons or property and in which the employee involved is not a Health or Social Services employee, the department head may initiate the 6, disciplinary action process with a Disciplinary Suspension without pay, a Final Written Warning or a First Written Warning with the prior approval of the County Manager. Old 4.5.2 It is not required that the Item 4.5.1 4.3 warnings all relate to the same type of work revised performance deficiency. It is required only that each relate to work performance. New 4.5.3 Warnings related to personal conduct may be included in the progressive warnings for performance related dismissal, provided that the employee receives at least the number of warnings required for dismissal on the basis of work performance. Old 4.6 Disci2linaly Action Based On Personal Conduct 4.4 revised An employee may be dismissed, demoted or issued a disciplinary suspension without pay without prior warning for causes related to serious misconduct. New 4.7 Personnel De artment Role 4.7.1 The Personnel Department is available to provide guidance to supervisors and department heads in the administration of disciplinary action. This includes review and advice on any written notice to the employee confirming an Oral Warning or giving a Written Warning. 4.7.2 As appropriate, Personnel may advise the supervisor and employee as to the availability of the Employee Assistance Program as a source of assistance, on a voluntary basis, to the employee who has a personal situation which may be causing a work performance or conduct problem. 4.7.3 As requested, the Personnel Director advises the County Manager, Health Director or Social Services Director as to any dismissal, disciplinary demotion or disciplinary suspension without pay. 4.7.4 Any memorandum, letter or other document used to notify the employee of any dismissal, disciplinary demotion, - disciplinary suspension without pay or investigative suspension requires the advance approval of the Personnel Director or the Personnel Director's designee. 4.8 Investigative Suspension Old 4.8.1 When a department head receives information 4.5.2 which he or she reasonably believes is basis revised for disciplinary action and when immediate action is needed to protect the safety of persons or property, to avoid undue disruption of work or for other reasonable cause, the department head may place the employee in the status of investigative suspension, direct the employee to leave the County premises and to: - Report at a designated time or place, or - Remain away until further notice. of 4.8.2 As soon as feasible after the Item 4.8.1 action, the department head notifies the Personnel Director. 4.8.3 The department head in consultation with the Personnel Director conducts an investigation of the matter leading to the investigative suspension as soon as possible and reaches a decision as to any disciplinary action with reasonable dispatch. New 4.8.4 The employee continues to receive pay and benefits while not at work due to an investigative suspension. Old 4.8.5 Investigative suspension is not used for the 4.5.3 purpose of delaying an administrative revised decision on an employee's work status pending the resolution of a civil or criminal matter involving the employee. ti APPENDIX 1 ARTICLE IX (1 -8 -92) DRAFT REOUIRED_ DISCIPLINARY „ACTION PROCESS* 1. Oral Naga in With Written Confirmation New a. The supervisor may issue an Oral Warning without other approvals. Old b. The supervisor completes the following steps: 4.3.1 revised (1) States clearly to the employee in a private meeting that the discussion is an "Oral Warning." (2) Reviews with the employee the specific acts or omissions causing the Oral Warning. (3) Allows the employee to give and considers the reasons for his or her actions or omissions. Note: If warranted, the supervisor may decide not to proceed with the Oral Warning based on the information the employee provides. (4) Informs the employee of the specific corrections he or she must make. (5) Informs the employee of the time allowed, if any, for the corrections to be made. (G) Advises the employee that subsequent disciplinary action, including dismissal, may be taken if needed corrections are not achieved within the time allowed or if other problems arise. New (7) Advises the employee of his or her appeal rights under the Orange County Grievance Procedure. New (8) Gives the employee written confirmation of the date of the discussion and matters covered. New *For employees in the departments of Health and Social Services, State requirements as to dismissal, disciplinary suspension without pay and disciplinary demotion are controlling and, if any variation exists, the State requirements override those of this Ordinance. 9 (9) Provides a copy of the written confirmation to the Personnel Department for inclusion in the employee's personnel file. 2. First Written Warning New Old 4.3.2 revised New New a. A First Written Warning requires the Department Head's advance approval. b. The supervisor completes the following steps: (1) Upon noting employee performance or conduct appearing to require a First Written Warning, meets privately with the employee to review the specific actions or omissions and to allow the employee to give the reasons for the actions or omissions. (2) If the First Written Warning is justified, specifies in the letter to the employee: (a) That it is a "First Written Warning." (b) The specific actions or omissions leading to the First.Written Warning. (c) The corrections the employee must make. (d) The time allowed, if any, for corrections to be made. (e) Any prior disciplinary action(s). (f) That further disciplinary action, including dismissal, may be taken if corrections are not made within the time allowed or if other problems arise. (g) The employee's right to appeal under the Orange County Grievance Procedure. C* The department provides a copy of the First Written Warning to the Personnel Department for inclusion in the employee's personnel file. Old d. In carrying out Item 2, the supervisor should be aware 4.3 that, for unsatisfactory work performance, a First Written revised Warning may be issued only after an Oral Warning, except as provided in Article IX, Section 4.5.1. 3. Final Written Warnin New a. A Final Written Warning requires the Department Head's advance approval. 10 b. The supervisor completes the following steps: Old (1) Upon noting employee performance or conduct 4.3.3 appearing to require a Final Written Warning, meets revised privately with the employee to review the specific actions or omissions and to allow the employee to give reasons for the actions or omissions. (2) If the Final Written Warning is justified, specifies in the letter to the employee: (a) That it is a "Final Written Warning." (b) The specific actions or omissions leading to the Final Written Warning.. (c) The corrections the employee must make. (d) The time allowed, if any, for corrections to be made. (e) Any prior disciplinary action(s). (f) That further disciplinary action, including dismissal, may be taken if corrections are not made within the time allowed. New (g) The employee's right to appeal under the Orange County Grievance Procedure. New c. The department provides a copy of the Final Written Warning to the Personnel Department for.inclusion in the employee's personnel file. Old d. In carrying out Item 3, the supervisor should be aware 4.3 that, for unsatisfactory work performance, a Final revised Written Warning may be issued only after a First Written Warning, except as provided in Article IX, Section 4.5.1. Old 4. Dismissal* 4.3.4 revised Before a Permanent employee may be dismissed, the following must occur: New a. The department head reviews the facts and circumstances, including the nature and extent of prior disciplinary actions, if any, and any action taken (or not taken) as to other employees in similar situations. *See Article IX, Section 4.7.4. 11 Old b. If the department head decides to recommend dismissal, he 4.3.4 or she reviews the recommendation with the County Manager (1) and receives the County Manager's approval to proceed with a pre - dismissal conference with the employee. In the case New of an employee in the Department of Health or Social Services, the Health Director or Social Services Director determines whether to proceed with a pre - dismissal conference. New c. Prior to the pre - dismissal conference, the department head gives the employee written notice of the pre - dismissal conference. This notice includes the specific reasons for the proposed dismissal and a brief summary of the information which management believes supports the proposed dismissal. Old d._ The department head and /or management representative(s) 4.3.4 hold the pre - dismissal conference with the employee. (2) (1) No third parties, including attorneys or other representatives may be present at this conference. The Personnel Director or the Personnel Director's designee may be present at management's or the employee's request. New Note: This prohibition may be waived with the consent of the department head and the employee. (2) The department head and /or management representative(s): - Review with the employee the facts giving rise to the proposed dismissal and the specific reasons for the proposed dismissal. - Provide an opportunity for the employee to respond. New e. Following the pre - dismissal conference, the department head considers the information the employee has presented. Old f. If the department head determines that dismissal is 4.3.4 warranted following the pre - dismissal conference, he or (1) she reviews the dismissal recommendation with the County Manager. The Manager dismisses the employee, if he concurs with the dismissal recommendation. For an New employee in the department of Health or Social Services, the Health or Social Services Director makes the dismissal decision. Old g. The department head gives the employee written notice 4.3.4 of dismissal which includes: (3) -The specific reasons for the dismissal and a brief 12= 0 summary of the information which management believes warrants the action. -The employee's appeal rights under the Orange County Personnel Ordinance. 5. DisciplinarX Suspension Without Pa 3r* Old a. An employee may receive a disciplinary suspension without 4.5.1, pay based on work performance or personal conduct. For 4.5.5 work performance, a disciplinary suspension without pay and may be given in conjunction with a Final Written Warning 4.5.6 and only after an Oral Warning and a First Written Warning, except as provided in Article IX, Section 4.5.1. New b. Before a Permanent employee may be given a disciplinary _ suspension without pay, the same process as that specified in Item 4a through 4g must occur. 6. Demotion* Old a. An employee may be demoted on the basis of work 4.6 performance or personal conduct. For work performance, an revised employee may be demoted only after an Oral Warning and a First Written Warning, except as provided in Article IX, Section 4.5.1. For serious misconduct, an employee may demoted without any prior warning. New b. Before a Permanent employee may be demoted for disciplinary reasons, the same process as that specified in Item 4a through 4g must occur. New c. The employee's salary is handled as provided under the Personnel Ordinance for a demotion. *See Article IX, Section 4.7.4. 0 APPENDIX 2 ARTICLE IX (1 -8 -92) DRAFT GUIDES FOR WORK PERFORMANCE AND PERSONAL CONDUCT New 1. General Includes some items Orange County expects performance and personal conduct on from Article the job to be governed by good judgment and consideration III, Section of others. It is important that each employee's 8 as noted performance and conduct support and advance the goals of the department and the County. 2. Examples-Of Work Performance And Personal Conduct Which Interfere With County Goals The following acts comprise a representative, but not exclusive, list of unsatisfactory work performance and unacceptable personal conduct which may be the basis for a disciplinary action. a. Work Performance (1) An overall performance rating of "Unsatisfactory" under the Work Planning and Performance Review program (2) Failure to perform critical tasks (3) Failure to meet established deadlines (4) Excessive absences or late reporting (5) Failure to meet established standards of customer service (6) Failure to follow established departmental policies and procedures b. Personal Conduct (1) Fraud and /or dishonesty (2) Fighting or causing a fight Old Article (3) Unauthorized possession of a firearm or other III, 8.3.7 weapon on County property Old Article (4) Using abusive, profane, obscene or derogatory III, 8.4.1 language 13 14 r (10.) Engaging in acts during or outside duty hours which negatively impact on the image of Orange County and which interfere with the working relationship between the employee and co- workers or between the employee and the public that employee serves (11) Falsifying an official record (12) Sexual or racial harassment (13) Misusing or directing the time „ funds, equipment or (14) Accepting any gift, favor may tend to influence the granting without authorit, thing of value misuse of County work property or thing of value which discharge of duties or F any favor, service or Old Article (15) Operating a County vehicle or County equipment in III, 8.2.1 an unsafe or unlawful manner Old Article (16) Taking without permission, destruction or abuse III, 8.2.2 of County property, including unauthorized use of a County vehicle for non - County business Old Article (17) Absence without authorized leave and /or notice III, 8.4.3 (18) Willful refusal to carry out the reasonable and lawful instructions of a supervisor (19) Engaging in incompatible employment or serving a conflicting interest (5) Gambling during work time (6) Sleeping during work time Old Article (7) Reporting to work or performing work while under 111, 8.3.4 the influence of any intoxicant, drug or chemical which interferes with the employee's work performance or which might adversely affect safety Old Article (8) Possessing or consuming alcoholic beverages while III, 8.3.5 on County property during worktime (9) Illegally using, possessing, dispensing, distributing, manufacturing or selling controlled substances at the worksite, during work time or while on duty, on stand -by duty or official County business (10.) Engaging in acts during or outside duty hours which negatively impact on the image of Orange County and which interfere with the working relationship between the employee and co- workers or between the employee and the public that employee serves (11) Falsifying an official record (12) Sexual or racial harassment (13) Misusing or directing the time „ funds, equipment or (14) Accepting any gift, favor may tend to influence the granting without authorit, thing of value misuse of County work property or thing of value which discharge of duties or F any favor, service or Old Article (15) Operating a County vehicle or County equipment in III, 8.2.1 an unsafe or unlawful manner Old Article (16) Taking without permission, destruction or abuse III, 8.2.2 of County property, including unauthorized use of a County vehicle for non - County business Old Article (17) Absence without authorized leave and /or notice III, 8.4.3 (18) Willful refusal to carry out the reasonable and lawful instructions of a supervisor (19) Engaging in incompatible employment or serving a conflicting interest 15 (20) Serious, willful discourtesy to citizens or employees (21) Failing to maintain legally required confidentiality of records such as medical records or personnel records (22) Engaging in prohibited political activity 1.0 PURPOSE 2.0 3.0 Attachment 2 16 From the Personnel Ordinance Published September 6, 1990' ARTICLE IX SEPARATION AND DISCIPLINARY ACTION The purpose of'this Article is to acquaint County employees with the causes and reasons for separation with regard to their employment. POLICY When employee needs, economic stress, physical infirmity, retirement, death or punitive action warrant, steps to separate the employee from County service will be taken by the department head and /or the Manager (as necessitated). These steps are to be implemented fairly and objectively. PROCEDURE All separations of employees from positions in the service of the County shall be designated as one of the following types and shall be accomplished in the manner indicated: 3.1 Resignation An employee may resign by notifying his department head (or in the case of department heads, the Manager) of the effective date as far in advance as possible. A minimum of two weeks is requested of all resigning personnel. 3.2 Reduction -in -Force In the event that a reduction in force becomes necessary, consideration will be given to the quality of each employee's past performance, the need for service, and seniority in determining those employees to be retained. Employees who are to be laid off because of reduction -in -force will be given at least one pay period notice of anticipated layoff. The duties performed by an employee laid off may be reassigned to other employees already working who hold Positions in the appropriate classes. No permanent -. employee will be laid off while another person is employed on a part -time or temporary basis in the same class, unless' the permanent employee is not willing to transfer to the position held by the temporary employee. 3.3 Disability An employee may be separated for disability when the 17 3.4 3.5 3.6 employee cannot perform the required duties because of a physical or mental impairment. Action may be initiated by the employee or the County, but in all cases it must be supported by medical evidence as certified by a competent physician. The County may require an examination at its expense and performed by a physician of its choice. Before an employee is separated for disability, a reasonable effort shall be made to locate alternative positions within County service for which the employee may be suited. Retirement Whenever an employee under the provisions by the Commissioners may elect to retire the retirement plan. Death meets the conditions set forth of any retirement plans adopted for County employees, the employee and receive all benefits earned under All compensation due in accordance with this Ordinance will be paid to the estate of a deceased employee. The date of death shall be recorded as the separation date for computing compensation due. Suspension and Dismissal As discussed in the following section. 4.0 DISCIPLINARY ACTION, SUSPENSION AND DISMISSAL See new It is the intent of Orange County Government in 4.1 establishing this policy to provide County employees a fair, first clear and useful tool for correcting and improving performance para- problems, as well as to provide a process to assist graph management in handling instances of unacceptable personal conduct. Deleted Orange County recognizes that, consistent with sound employee relations practices, it is most important that disciplinary action, suspension and dismissal be administered in as near a uniform manner as possible. To assist all levels of supervision in promoting efficiency and equitable treatment for all employees the following is established: 4.1 Policy New 4.1 Any employee, regardless of occupation, position or second profession may be warned, demoted, suspended or dismissed para- for just cause. The degree and type of action taken graph shall be based upon the sound and considered judgment of the appropriate authority in accordance with the provisions of this policy. 4.2 Procedure See new An employee may be suspended, demoted, or dismissed by 4.4.1 a department head with approval of the Manager (or in the case of department heads, by the Manager) because of failure in performance of duties and /or failure in See new personal conduct. An employee in the Sheriff's 4.2 Department or Register of Deeds Office may be suspended, demoted, or dismissed by the respective department head for failure in performance of duties or failure in personal conduct. The employee, the Personnel See new Department, and the Manager will be immediately 4.7.4 provided with a written notice citing an effective and date, reasons for the action, and appeal rights Appendix available to the employee. Appeal rights will apply 1, Item 4g only to a permanent employee. See new The basis for any disciplinary action taken in 4.4.1 accordance with this policy falls into one of the following categories: (1) Discipline imposed on the basis of job performance; (2) Discipline imposed on the basis of personal conduct. The JOB PERFORMANCE category is intended to be used in addressing performance- related inadequacies for which a reasonable person would expect to be notified of and allowed the opportunity to improve. PERSONAL CONDUCT discipline is intended to be imposed for those actions for which no reasonable person could, or should, expect to receive prior warnings. 4.3 Job Performance Discipline and Dismissal See new This category covers all types of performance - 4.5 related inadequacies. 'This policy does not require that progressive warnings all concern the same type of unsatisfactory performance; this policy only requires that the progressive warnings all relate to job performance. Warnings administered under this policy are intended to bring about a permanent improvement in job performance; should the required improvement later deteriorate, or other inadequacies occur, the department head and /or supervisor may deal with this new .unsatisfactory performance at the next level of discipline. Employees who are dismissed performance shall receive at one or more oral warnings; for unsatisfactory job least three warnings; First, second, a written warning to F 17 the employee documenting all relevant points covered in the disciplinary discussion; third, a final written warning which notifies the employee that failure to make the required performance improvements may result in dismissal. See new in administering this policy, department heads 4.1 and /or supervisors should be aware that, in part, the intent of this policy is to assist and promote improved employee performance, rather than to punish. See new 4.3.1 Oral Warning The Department Head and /or Appendix 1 supervisor is responsible for assuring the Item 1 satisfactory performance of work assigned to their department. When, in the judgment of the department head and /or supervisor, unsatisfactory performance occurs, then use of the disciplinary process may be appropriate. In a private discussion with the employee, the supervisor shall do the following: -new Item (1) Inform the employee that this is a warning, lb (1) and not some other nondisciplinary process such as counseling; -new Item (2) Inform the employee of the specific lb (2) performance deficiencies that are the basis; -new Item (3) Tell the employee what specific lb (4) improvement must be made to correct the unsatisfactory performance; -new Item (4) Let the employee know what time is lb (5) being allowed to make the required improvement; -new Item (5) Tell the employee of the consequences of lb (6) failing to make the required improvements; -new Item NOTE: It is a recommended personnel practice lb (3) to allow the employee to respond to the specific reasons for the warning. In some cases the response may affect the department head and /or supervisor's decision on whether to discipline the employee. Supervisors should also record the date and specifics of the warning for possible future use. New 4.3.2 Written Warning In a private meeting with Appendix 1, the employee the department head and /or Item 2 supervisor shall: (1) Conduct a disciplinary conference with the employee; this disciplinary conference should zQ follow the same steps as set forth for an oral warning; (2) Tell the employee that they will receive a written warning covering all significant points of this conference; (3) Prepare and send to the employee a written warning covering significant points of the disciplinary conference; care should be taken to include the specific reasons for the warning. NOTE: Reference may be made in this warning to document an earlier oral warning. .4.3.3 Final Written Warning Before issuing the New Appendix final written warning, the supervisor and 1, Item 3 department head should review the contents of the warning. The following steps shall be taken in issuing a final written warning: (1) Prepare a final written warning to the employee; care should be taken to include the specific reasons for the warning; (2) In private, conduct a disciplinary conference with the employee; at this conference, the specific reason for the.action, the necessary improvements should be discussed; (3) Present the warning to the employee at the end of the conference; the employee should be informed, either orally or in a warning, that the failure to correct the unsatisfactory performance may result in dismissal. Deleted During the period after a final written warning has been given, the department head may choose to counsel with the employee concerning employment status before a decision to dismiss is made. Such counseling should involve a discussion of the necessity for the employee's commitment to improve performance. As a part of this counseling, the department head may request the employee to take up to a day's leave with pay to consider whether or not the employee wishes to continue employment with the County. This time away from the job site shall not be charged to the employee's vacation or sick leave; it shall be considered as the employee's assignment for that time not at the normal.job site. It should be stressed to the employee that 'a decision to continue /_ _L employment with the County will require a commitment to improve performance, and that a lack of improvement will lead to dismissal. Clearly, such a procedure is not suitable in all situations; the department head is expected to use discretion to determine where such a procedure would benefit the employee and the County. See new 4.3.4 Dismissal Before an employee may be dismissed Appendix 1, on the basis of job performance, the following Item 4 shall occur: -new Item U (1) The department head recommending dismissal should discuss the recommendation with, and receive the approval of the County Manager. -new Item'4d (2) A pre - dismissal conference shall be held between management representative(s) and the employee. No attorneys or other such representatives for either party shall be present at this conference; a witness or security personnel may be present if management deems it necessary. The management representative shall present the employee with the specific reasons for the proposed dismissal and a brief summary of the information which management believes supports and proposed dismissal in the conference. -new Item 4e -g (3) If, at the end of the pre - dismissal conference, the management representative determines that dismissal is still justified, the management representative may present the employee with a letter of dismissal. This written notice must include specific reasons for the dismissal and the employee's right of appeal. However, the management representative may elect to defer the dismissal based on information presented by the employee, and reconsider the proposed dismissal. If, following such reconsideration, the decision is to dismiss, then no further pre - dismissal conference is required. Deleted (4) Upon dismissal on the basis of job performance, an employee may be given up two weeks notice. In exceptional circumstances, and with prior approval of the County Manger, a payment up to two weeks salary may be made in lieu of notice. Notice or pay in lieu of notice shall apply only to dismissals based on job performance. 22, 4.4 Personal Conduct See new Appendix 1, Employees may be dismissed, demoted, suspended, warned Item 4 or otherwise disciplined on the basis of unacceptable personal conduct. Discipline may be imposed, as a result of- unacceptable conduct, up to and including dismissal without any prior warning to the employee. Disciplinary demotions, suspensions, or dismissal for personal conduct require written notification to the employee. Such notification must include specific reasons for the discipline and notice of the employee's right of appeal. Deleted NOTE: Failure to give specific written reasons for '..__ the dismissal shall cause the dismissal to be legally ineffective, and may require back pay and attorney's fees to be paid to the employee. Time limits for filing a grievance do not start until the employee receives written notice of their appeal rights. 4.5 Suspension See new Investigatory or disciplinary suspension may be used Section 4.8 by management in appropriate circumstances. However, and Appendix the following provisions shall control its use: 1, Item 5 4.5.1 An employee who has been suspended for either investigatory or disciplinary reasons must be placed on compulsory leave of absence without pay. See new 4.5.2 Investigatory suspension without pay may be Section 4.8 used to provide time to investigate, establish revised facts,' and reach a decision concerning an employee's status in those cases where it is determined the employee should not continue to work pending a decision. Also, the department head may elect to use investigatory suspension in order to avoid undue disruption of work or to protect the safety of persons or property. An Deleted investigatory suspension without pay shall not exceed 45 calendar days. However, the County Manager may extend the period of investigatory suspension without pay beyond the 45 -day limit. The employee must be informed in writing of the extension, the specific reasons for the extension and right of appeal. A copy of the above communication shall be sent to'the Personnel Director and the County Manager. If no action has been taken by the department head by the end of 45 calendar days, and no extension has been 23 made, one of the following must occur: Reinstatement of the employee with full back pay; appropriate disciplinary action based on the results of the investigation; reinstatement'of the employee with up to three days pay deducted from the back pay (See Section 4.5.4). See new 4.5.3 Investigatory suspension of an employee shall Section not be used for the purpose of delaying an 4.8.5 administrative decision on an employee's work status pending the resolution of a civil or criminal court matter involving the employee. See new 4.5.4 An employee who has been suspended for Appendix investigatory reasons may be reinstated with up 1, Item 5 to three (3) days pay deducted from salary. Such determination is to be based upon the County Manager's determination of the degree to which the employee was responsible for or contributed to the reasons for the suspension. This period constitutes a disciplinary suspension without pay and must be effected in accordance with Sections 4.5.5 and 4.5.6. See new 4.5.5 An employee may be suspended without pay for Appendix 1, disciplinary purposes for causes relating to any Item 5 and form of personal conduct or in conjunction with a Section final written warning for performance of duties. 4.3.3 However, a disciplinary suspension without pay must be for at least one (1) full working day, but not more than three (3) working days. See new 4.5.6 An employee who has been suspended without pay Appendix must be furnished a statement in writing setting 1, Item 5 forth the specific acts or omissions that are the reasons for the suspension and the employee's appeal rights. Where suspension is for disciplinary reasons, a copy of the statement shall be forwarded, through administrative channels, to the Personnel Director for the purpose of monitoring the policy use. Deleted 4.5.7 If the employee fails to report back to work when requested or at the expiration date of suspension, the employee will be considered to have terminated employment, and any subsequent reinstatement or re- employment would be on the basis of new employment. Any leave of absence without pay must be fully documented. 4.6 Demotion See new Appendix Any employee may be demoted as a disciplinary measure. 1, Item 6 Demotion may be made on the basis of either L4 unsatisfactory job performance or unacceptable personal conduct. (1). Job Performance - An employee may be demoted for unsatisfactory job performance after the employee has received at least two prior warnings on performance. At least one of the warnings prior to demotion must be in writing. (2) Personal Conduct - An employee may be demoted for unacceptable conduct without any prior warnings. Cause for demotion on the basis of personal conduct does not have to be as serious as cause for dismissal. (3) Notice - An employee who is demoted must receive written notice of the specific reasons for the demotion, as well as notice of appeal rights. Deleted Disciplinary demotions may be accomplished in several ways. The employee may be demoted to a lower classification with or without a loss in pay. Or, the employee may be reduced to a lower step in the same pay grade with a corresponding loss of pay. In no event shall an employee's pay be lowered below step one of current pay grade, unless the employee is demoted to a lower classification. 5.0 SPECIAL PROVISION - 'CREDENTIALS Deleted By statute, some duties assigned to positions in the County See new service may be performed only by persons who are duly Section licensed, registered or certified as required by the relevant 4.4.3 law. All such requirements and restrictions are specified in the statement of essential qualifications or recruitment standards for such classifications. Employees in such classifications are responsible for maintaining current, valid credentials as required by law. Failure to maintain the required credentials is a basis for immediate dismissal without prior warning. An employee who is dismissed shall be given a written statement of the reason for the action and appeal rights. 6.0 EMPLOYEE APPEAL OF DISCIPLINARY ACTION A permanent employee wishing to appeal the demotion, suspension or dismissal may present the matter in accordance with the provision of the grievance procedure that is prescribed in Article VIII of the Ordinance. 7.0 EXIT INTERVIEW PURPOSE - Exit interviews are made to gave management insights is as to those reasons for employee turnover. The objective is to improve (through employee observations and suggestions) working conditions and to provide incentives that will evoke employee loyalty and contentment. 7.1 Policv Each terminating permanent employee participates in an Exit Interview conducted by the Personnel Department. 7.2 Final Pay Check 7.2.1 A terminating employee will receive a final pay check at the end of the last pay period worked. 7.2.2 Included in an employee's final pay check will be accrued vacation leave, paid in lump sum, along with actual hours worked. 7.2.3 An employee at termination will only receive pay for actual hours worked, and vacation leave. Holiday hours, Sick Leave hours, overtime or compensatory leave hours, or petty leave hours will not be paid to an employee at termination. 7.2.4 Once an employee has given resignation, accumulated holiday, sick, overtime or compensatory, and petty leave hours, will not be counted toward actual hours worked in supplementing or determining last day of employment. 7.2.5 Final pay checks will not be released until all County property has been turned over to the department head or supervisor. 26 Attachment 3 (1 -8 -92) DRAFT REVISED SECTIONS 8.0 AND 10.0 FROM ARTICLE III OF THE PERSONNEL ORDINANCE 8.0 SAFETY CONDUCT AND PERFORMANCE It is the objective of this County to.conduct all operations as safely and efficiently as possible. All County employees should practice supply economy, energy conservation, security of County equipment and property and all safety procedures. 8.1 Accidents involving injuries of County personnel using County equipment shall be reported immediately, as appropriate, to the employee's immediate supervisor. 8.2 In the case of vehicle operations, County drivers will be required to own a valid N.C. Driver's license. County drivers will be expected to follow the principles of "Defensive Driving ", to drive so as to prevent accidents in spite of the incorrect action of others and in spite of adverse driving conditions. County drivers will be expected to wear seat belts while driving County.owned vehicles. New Article 8.2.1 IX, Appendix 2, Item 2b (15) New Article 8.2.2 IX, Appendix�T`�`i"" 2, Item 2b (16) leymeftt- 8.3 The County makes reasonable efforts to provide safe, healthful working conditions, the County is genuinely genuinely interested in the health of all employees. In accordance with legal requirements: 8.3.1 Employees must keep work areas clean and . orderly. 8.3.2 Employees should be watchful for unsafe conditions and unsafe practices in the work place. Such occurrences should be reported to the supervisor immediately. 8.3.3 Employees should use prescribed safety equipment to protect themselves and fellow employees and to safeguard County equipment and property. In designated areas, safety glasses, shields, gloves, and ear protectors should be worn. 27 New Article 8.3.4 pleyees will not be permitted to reporb t�o IX, Appendix 2 work while under he—inf influence of t ohoi ot—a- -Item 2b (7 ) ; be arug at�.inpai_ _.m judgment, er eb Ef -Item 2b (8) 8.3.5 -Item 2b (9) 8.3.6 The mien- er—eensuif�ptlen of Illegal, pr-ehilsited. Vielatiens mill rzesult in terminatlen New Article IX, 8.3.7 Appendix 2, other- weapens are met perrAtted an Geunty Item 2b (3) to at., 8.3.4 Clothing must conform to safety requirements and codes. 8.3.5 Any on --the -job accident or injury, no matter how slight, should be reported to a supervisor immediately. If treatment is required, the supervisor will give instructions on the procedures to follow in filing a Worker's Compensation report, and seeking medical attention. 8.4 The County expects conduct on the job to be governed by good judgement and consideration for others. It is important that each employee's conduct and performance support and advance the County and department goals. 8.4.1 deri�ng working are contrary New Article IX, Appendix 2, language, gambling an the jeby sleeping duElng Item 2b (4) weMck! t—im.e y e -tee 8.4.2 Employees —s fafftily —ra el E= E i ends —to- attempt - to Eeaeh them eniy — €er New Article IX, 8.4.3 Acre to eepeeteut ( leaving the wed- Ewa —er- Appendix 2, result in diselplinary Item 2b (17 ) aretien t All empleyeps aEe— Furred_ tee In assigned WeEie areas er department durinel- 28 ' the Geunty P_ New 8.5 Appendix 2 of Article IX provides examples of work performance and conduct which interfere with County goals and which, therefore, may be the basis for disciplinary action. 8.6 Bulletin boards in departments are used to post important notices and employee information. Use of these boards (including distribution of pamphlets, letters, posters, etc.) without the Department Head's approval is prohibited. 8.7 Changes of name, address, and other employment information should be reported to an immediate supervisor. 8.7 8.8 employment. Abusing le"­ ___._!eges will reselt �_n 8.9 Employees should maintain harmonious, cooperative relationships with other County employees. 8.10 Employees should observe other established rules, policies, regulations, practices and procedures applicable,to County employment. 10.0 DRUG -FREE WORKPLACE* 10.1 Purpose - Its employees are Orange County Government's most valuable resource and, therefore-,. ... - ...... - their health and safety is a serious concern. Orange County will not tolerate substance abuse which imperils the health and well -being of its employees or threatens its service to the public. The use of illegal drugs and abuse of alcohol other controlled substances, on or off duty, is inconsistent with law abiding behavior expected of all citizens. Employees who use illegal drugs or abuse alcohol or other controlled substances on or *Changes shown in boldface 29 off duty, tend to be less productive, less reliable, and prone to greater absenteeism resulting in the potential for increased cost, delay and risk in providing services. Ultimately, they threaten the county's ability to serve the public. Furthermore, employees have the right to work in a drug and alcohol free environment and to work with persons free from the effects of drug or alcohol abuse. Employees who abuse drugs or alcohol are a danger to themselves, other employees and the public. In addition, substance abuse inflicts a terrible toll on the county's productive resources and the health and well -being of Orange County workers and their families. Orange County is therefore committed to maintaining a safe and healthy workforce free from the influence of substance abuse. In addition, Orange County will vigorously comply with the requirements of the Federal Drug -Free Workplace Act of 1988 and implement rules promulgated by the United States Office of Management and Budget that will affect all employees in general and federal grant funds administrative employees, in specific. 10.2 Polite - It shall be the policy of the Orange County to maintain a workforce free of substance abuse. 10.3 Reporting to work or performing work for the county while impaired by or under the influence of any intoxicant, drug or chemical which interferes with the employee's work performance or which might adversely affect safety. 10.4 The illegal use, possession, dispensation, distribution, manufacture or sale of controlled substances by employees at the worksite, during work hours, or while the employee is on duty, official county business, or stand -by duty is prohibited. 10.5 Violation of such prohibitions by county employees is considered conduct detrimental to county service and will result in disciplinary action in accordance with Article IX, Section 4.6 of this Ordinance. 10.6 Employees are required to notify the employing department head or designee within five (5) days of any criminal drug statute conviction where such conviction was due to an occurrence at the worksite, during work hours, or while on duty, official business, or stand -by duty. 10.7 An employee who is convicted of violating any 30 criminal drug statute in such workplace situations as stated above will be subject to disciplinary action. 10.8 A conviction means a finding of guilt or the imposition of a sentence by a judge or jury, or both,.in any federal, state, or local court. 10.9 Departments that receive federal grants must, in turn, report any such criminal drug statute convictions as stated above of their employees, covered by federal grants to federal agencies from which grants are received within ten (10) days after receiving notice from the employee or otherwise receives actual notice of such conviction. 10.10 All county employees will be given a copy of the Drug -Free Workplace Policy. Employees will be informed that they must abide by the terms of the policy as a condition of employment and of the consequences of any violation of such policy. Drug - Free Workplace Affirmation Form is optional for current employees to read and sign. Affirmation Forms may be used as a means to notify current employees and provide them with a copy of the policy. The Drug -Free Workplace Affirmation Form is required for all new employees appointed on or after the effective date of this policy. 10.11 Awareness Resources /Referral Pro ram - The county will strive to educate employees about the dangers of substance abuse. The county will establish an awareness program to assist employees to understand and avoid the perils of drug and alcohol abuse. The county will use that program in an ongoing educational effort to prevent and eliminate substance abuse that may affect the county's workforce. The awareness program will contain provisions to inform employees about the: (1) dangers of alcohol and drug abuse; (2) Orange County Drug --Free Workplace; (3) availability of treatment and counseling for employees who voluntarily seek such assistance; and (4) sanctions the county will impose for violations of its Drug -Free Workplace Policy. 10.12 ApRlicability - The Drug -Free Workplace Policy applies to employees in all departments. More stringent requirements may be required in some departments. r 1 ORANGE COUNTY _ BOARD OF COMMISSIONERS Action Agenda Item No. �B_ ACTION AGENDA ITEM ABSTRACT SUBJECT: BID AWARD; RECREATION ROOF REPLACEMENT ------------------------------- DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX ATTACHMENT(S): INFORMATION CONTACT: PAM JONES OR WILBERT MCAD00 BID TABULATION Telephone Number - Hillsborough - 732 -8181 Chapel Hill - 967 -9251 Mebane - 227 -2031 Durham -688 -7331 PURPOSE: To award a bid for roof replacement at Central Recreation Center, 300 West Tryon Street, Hillsborough. BACKGROUND: Pursuant to GS 143 -129, bids were advertised and solicited for replacement of the Central Recreation roof. Five bids were received on January 14, 1992, a tabulation is attached. The lowest responsible bidder is Cyclone Roofing Company, for a lump sum price of $27,300. There is presently a budget of $45,000 available in the Capital Reserve account to support this work. The contract time for completion of the work is 45 days from the date of the Notice to Proceed; work should be completed around March 15, 1992. It is recommended that the Board award the bid, as well as approve the contract, contingent upon staff and attorney review in order to expedite the work as much as possible. Recent heavy rains have caused the leak to worsen and we are experiencing damage to the gym floor. RECOMMENDATION: The Manager recommends that the Board award a bid and approve the contract, contingent upon staff and attorney review, to Cyclone Roofing Company, Matthews, NC, for a sum of $27,300; and authorize the Chair to sign on behalf of the Board. r i N /A w i s s m w a s N a w M C Q vp I .m m a .w ow �. a. v1 ls1 � M 1rf 7 a C N p a t r a : p p p � N 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.,,Z5_:_C., ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 SUBJECT:Resolution to Apply and enter into Agreement with N.C. Dept. of Transportation for UMTA Section 18 Capital funds DEPARTMENT: Aging - C.A.T. PUBLIC HEARING YES: X -NO : -- ATTACHMENT(S): INFORMATION CONTACT: - - - Resolution Jerry M. Passmore , ext. 2000 TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To authorize a resolution to apply for UMTA Section 18 Capital funding and enter into an agreement with the North Carolina Department of Transportation. BACKGROUND: Orange County Commissioners approved on January 22, 1991 an updated Transportation Development Plan (TDP). The approved plan makes the County eligible for federal and state funding of vehicles and equipment requested in the document over a four year period. The plan for FY 92 -93 involves the purchase of one standard 24 passenger bus, one 24 passenger bus with a lift and one 14 passenger conversion van with lift for human services transportation. The C.A.T. (Coordinated Agency Transportation) Program will administer the grant and coordinate the use of approved equipment. The total cost is $ 111,215 with 60% requested from UMTA, 20% from the N.C. Department of Transportation and 20% from local agencies. Local match is provided by participating C.A.T. agencies assigned use of the equipment. The requested buses will be used by the Dept. on Aging, and Orange Enterprises and the van request will be used by OCCH$. Based on Public Notice response, a public hearing on Orange County's proposed UMTA Section 18 application will be held by the Orange County Human Services Transportation Advisory Board on Thursday, January 23, 1992 at 2:00 p.m., 300 W. Tryon St., Hillsborough, N.C. RECOMMENDATION (S) : The Manager recommends that the Board approve the resolution and authorize the Chair to sign necessary documents, subject to the review of the County Attorney. Appendix A RESOLUTION ` Applicant Seeking Permission to Apply for Section 18 Funding, Enter into Agreement with the North Carrolina Department of Transportation and Provide the Necessary Assurances. A motion ,was made by (Bond Mew. Nam.) and seconded by (Bond me nw. Nam) for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, the North Carolina Department of Transportation has received a grant from the US Department of Transportation authorized by Section 18 of Urban Mass Transportation Act of 1964, as amended, to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation hands is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation ( NCDOT) as the agency responsible for administering funds received through Section 18 of the Urban Mass' Transportation Act of 1964; and WHEREAS, cAppiianesNam.) The County of Orange ,-, hereby assures and certifies that it will comply with the Federal Statutes, regulations, executive orders, the Special Section 13 (c) Warranty, and all administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the *(Awhorixw omews Intle) of (Nam. Of Low Gowmaing is hereby authorized to submit a grant application for funding under Section 18 of the Urban Mass Transportation Act of 1964, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. I CardfYing omcws Nam.) (Ziff. of Cent fWag omew) ' do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of ineal Gv naing Bond) Cc-mgS ,duly held on the day of Janiiagr�. ...,, '19 92 (Signature of Certifying Official) (Name of Local Governing Board) . Subscribed and sworn to me this day of (Seal) *Notary Public My commission expires Address Rev. 11/91 19 • Note; The official authorized to submit the grant application, certifying official, and notary public should be three (3) separate individuals. -23- 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No _17r- ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 SUBJECT: Budget Ordinance Amendment #9 - --------------- - -- DEPARTMENT Budget PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT (1) Proposed Budget Amendment Budget Office, Extension 2450 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To approve proposed budget ordinance amendment. BACKGROUND: On January 6, 1992, the Board of Commissioners received a report on the school bond telephone survey that will be conducted by Johnston, Zabor and Associates. This firm will conduct a survey of Orange County voters concerning the proposed bond referendum. The cost for this firm's services is $9,850 which-will be covered through an appropriation from fund balance of the School Capital Reserve Fund. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners adopt the proposed Budget Ordinance Amendment. ORANGE COUNTY PROPOSED 1991 -92 BUDGET AMENDMENTS The 1991 -92 orange County Budget ordinance, as amended, is amended as follows: BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT (1) GENERAL -FUND Source: Transfers In. $ 1,030,000 $ 9,850 $ 1,039,850 Appropriation: Miscellaneous 710,770 9,850 720,620 SCHOOL CAPITAL RESERVE'FUND Source: Appropriated Fund $ 0 $ 9,850 $ 9,850 Balance Appropriation: Transfer to Other 1,827,627 9,850 1,837,477 Funds To budget for survey of Orange County voters concerning the proposed school bond referendum. BUDGET AMENDMENT #9 I O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 Agenda Abstract Item # SUBJECT: HISTORIC INVENTORY GRANT APPLICATION - PHASE II DEPARTMENT: Planning PUBLIC HEARING: Yes_X_No ATTACHMENTS: INFORMATION CONTACT: Application Packet Planning Director X2592 PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To consider an application for grant funds with which to conduct an inventory of historic sites and structures in-the remaining unincorporated portions of Orange County. BACKGROUND: The N.C. Historic Preservation Office (HPO) has announced the application period for 1992 Survey and Planning Grant Funds. Eligible projects include architectural and archaeological surveys, preparation of nominations to the National Register of Historic Places, and preservation plans. This year, an estimated $120,500 is available for survey and planning grants to communities or nonprofit organizations. Of the total amount, $68,000.is reserved for grants in communities that participate in the Certified Local Government (CLG) program. The remaining communities, including Orange County, may apply for grants from the remaining $52,500. Grant applications must be to the HPO by January 31, awarded in May, 1992, and June, 1992. Projects must 1993. completed and submitted 1992. Grants projects may be completed will be begin in by July 31, In January, 1991, Orange County applied for a $5,000 grant to conduct an inventory of historic sites and structures in the unincorporated portions of Chapel Hill Township. Notice of the grant award was received in May, 1991, consultants to conduct the inventory were approved in October, 1991, and the 4 inventory project was begun in December, 1991. The County share of the project cost includes $5,000 in matching funds and $5,000 in in -kind services. - At the time of the initial application in January, 1991, the Board of Commissioners was advised that the historic inventory of Chapel Hill Township represented Phase I of a larger project. Phase II of the project would involve an inventory of historic sites and structures in the remaining unincorporated portions of the county. Based on a recent project in another county, HPO estimated that a complete inventory of the unincorporated portions of Orange County would cost approximately $40,000. Excluding the $10,000 cost of Phase I, Phase II is estimated to cost $30,000. HPO has indicated that Orange County, if interested in applying, should request $15,000 in funding. The County share of the project cost would be $15,000. Phase II has been recommended as a FY 1992 -93 goal by the Historic Preservation Commission. RECOMMENDATION: The Administration recommends that the County Manager be authorized to apply for up to $15,000 from the Survey and Planning Grant Program. The amount would be matched by $15,000 from Orange County and would be used to conduct an inventory of historic sites and structures in the remaining unincorporated portions of the county. s 3 North Carolina Department of Cultural Resources James G. Martin, Govern_ or Division of Archives and History Patric Dorsey, Secretary William S. Price, Jr., Director November 1, 1991 MEMORANDUM TO: Potential Grant Applicants FROM: David Brook, Administrator State Historic Preservation Office RE: 1992 Historic Preservation Fund Grants The North Carolina Historic Preservation Office is pleased to announce the extended 90 day application period for 1992 Historic Preservation Fund grants. Grants are made available from our state's share of the national Historic Preservation Fund money appropriated by Congress for preservation efforts in fifty —six states and territories. This year, an estimated $52,500 is available for preservation grants to local communities or nonprofit organizations in North Carolina. An additional $68,000 is reserved for grants to communities that participate in the Certified Local Government (CLG) program. Enclosed is a 1992 Grant Application packet. It includes a copy of the Grant Announcement and an application form which must be submitted by January 31, 1992, for projects which may begin in June, 1992. A competitive selection process is used to determine all grant recipients. Grant funds are awarded on a dollar— for — dollar matching basis, and average from $5,000 — $15,000. All projects must be completed by July 31, 1993. If federal preservation funding for North Carolina is subsequently reduced or eliminated pursuant to federal budget reduction measures, the number of grant awards will be reduced accordingly. Eligible projects include architectural and archaeological surveys, preparation of nominations to the National Register of Historic Places, and preservation plans. Educational programs, research and publications are usually not funded. Grants for restoration or rehabilitation of historic properties will be limited to projects in communities which have completed their architectural survey and operate under a preservation plan for protecting identified resources. If you are interested in participating in the 1992 Historic Preservation Fund Grant program, please complete the enclosed application form and return it to the Historic Preservation Office by January 31. If you have any questions about eligible projects or would like to discuss grant — related activities appropriate to your community, please contact Lloyd Childers, grants administrator, at (919) 733 -4763. DB:ro Enclosure 109 EastJones Street * Raleigh, North Carolina 27601 -2807 4 Released November 1, 1991 GRANT ANNOUNCEMENT Contact: Ms. Lloyd Childers, Grants Administrator State Historic Preservation Office N.C. Division of Archives and History 109 East Jones Street Raleigh, NC 27601 -2807 (919) 733 -4763 Funding Available for Historic Preservation Applications are now being accepted for funding under the North Carolina 1991 historic preservation grant program, according to State Historic Preservation Officer, William S. Price, Jr. This grant program, administered, by the Historic Preservation Office (HPO), Division of Archives and History, is funded with North Carolina's share of the federal Historic Preservation Fund, money Congress appropriates for preservation efforts. .Eligible projects include architectural and archaeological surveys, preparations of nominations to the National Register of Historic Places, the Certified Local Government program, and public information and education programs regarding preservation activities. Eligible grant applicants include local governments, universities, and private non - profit organizations. An estimated $120,000 is available for these grants, at least $68,000 of which is set aside for local governments which have been approved to participate in the Certified Local Government Program. A competitive selection process is used to determine all recipients. Grant funds are awarded on a matching basis with awards generally in the $5- 10.000 range. The State Historic Preservation Officer makes the final decision on funding, selecting those projects which best meet the established priorities stated in the grant application packets. Grant funds must be administered in accordance with federal and state requirements. All projects must be completed by July 31, 1993. The deadline for submittal of applications is January 31, 1992. Announcement of grant awards is expected in early May. Application packets, which include more detailed information regarding this program, are available from the State Historic Preservation Office, N.C. Division of Archives and History, 109 East Jones Street, Raleigh, NC 27601 -2807. 1992 SURVEY AND PLANNING GRANT APPLICATION State Historic Preservation Office -Division of Archives and History North Carolina Department of Cultural Resources Deadline: January 31, 1992 INTRODUCTION 61 PLEASE USE THE ATTACHED APPLICATION FORM for proposed projects funded by the 1992 Survey and Planning (S &P) Grant. In 1992, activities may include such activities as archaeological and architectural surveys, nominations to the National Register of Historic Places and preservation plans. Priority for funding will be given to projects involving completion of the statewide architectural and archaeological surveys. After review by the Historic Preservation Office, your proposed project(s) may be included in the 1992 Application for Federal Assistance to the National Park Service, U. S. Department of the Interior. If federal assistance becomes available, you may be requested to submit additional information. North Carolina's historic preservation program receives federal financial assistance for identification and preservation of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, or handicap in its federally- assisted programs. If you believe you have been discriminated against in any program, activity, or facility, as described above, or if you desire further information, please write to: Office for Equal Opportunity, U. S. Department of the Interior, Washington, DC 20240. All federal grant applications include an Equal Opportunity Statement form which must be completed and returned with the application. Applications without this form cannot be considered for funding. D STANDARDS AND GUIDELINES Activities funded under this program will be performed in compliance with the applicable Secretary of ,the Interior's "Standards for Archeology and Historic Preservation," and shall be ;conducted under the supervision of the North Carolina Historic Preservation Office. Qualifications of the staff, consultants, or principal investigators undertaking the work must meet the applicable minimal professional qualifications in 36 CFR 61, Appendix A. Grantees must sign the Equal Opportunity Statement included with the application. SELECTION CRITERIA All grant proposals will be reviewed and evaluated on the basis of the following: contributions to the state's comprehensive plan for archaeological and architectural resources emphasis in areas-of known development activity contribution to statewide inventories of historic resources quality of resources in project area soundness of project application impact on local community A complete explanation of the project selection process, including detailed selection criteria, is available from Lloyd Childers, grants administrator, State Historic Preservation Office, N.C. Division of Archives and History, 109 East Jones Street, Raleigh, NC. 27601 -2807 (919) 733 -4763. ELIGIBLE APPLICANTS AND ACTIVITIES Eligible applicants include:' Local governments, universities and private non - profit preservation organizations. Eligible activities: Typical Survey and Planning projects include comprehensive architectural or archaeological surveys, nominations to the National Register of Historic Places,.and preservation plans. Publication of surveys, museum exhibits, research, and educational programs are usually not funded. 0 7 SAMPLE PROJECTS The following are examples of projects which were funded in 1991: • Phase I of a multiphased architectural survey which will identify and evaluate approximately 350 historic properties in the township facing the most intense development pressure in the county ($5,000 grant) • Preparation of a National Register Historic District nomination to include approximately 75 Contiguous properties in commercial and residential neighborhoods of a turn -of -the century community located between two urban centers ($1,500 grant) Intense county architectural survey of approximately 500 properties, including several small towns and portions of the county seat ($10,000 grant) Continuation of a long -range research program in the Great Bend region of the Yadkin River, designed to enhance current knowledge about several native - American cultures ($7,500 grant) APPLICATION PROCESS - Apply by January 31, 1992 on the attached Grant Application Form. Send completed application to: Lloyd Childers, grants administrator, State Historic Preservation Office, N.C. Division of Archives and History, 109 East Jones Street, Raleigh, North Carolina 27601 -2807. Telephone: (919) 733 -4763. Successful applications will be announced in May. 1992. Projects may begin June 1, 1992 unless special arrangements are made for early initiation. Project must be completed by July 31, 1993. General questions about grant applications may be addressed to Lloyd Childers, grants administrator, at (919) 733 -4763; questions about architectural surveys or nominations to the National Register may be directed to Catherine Bishir, survey specialist, at (919) 733 - -6545; questions about preservation planning projects may be directed to Juli Aulik, acting preservation planner, at (919).733-6545; and questions about archaeological projects may be directed to Stephen Claggett, state archaeologist, at (919) 733 -7342. You should also know that: Grants are awarded on a dollar- for - dollar matching basis. Federal standards and accounting procedures apply to grants. Payment of grant funds is on a reimbursement basis. r STATE HISTORIC PRESERVATION OFFICE DIVISION OF ARCHIVES AND HISTORY NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES Addendum to Subgrant Applications EQUAL OPPORTUNITY STATEMENT THE NORTH CAROLINA HISTORIC PRESERVATION PROGRAM RECEIVES FEDERAL FINANCIAL ASSISTANCE FOR IDENTIFICATION AND PRESERVATION OF HISTORIC PROPERTIES. UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE UNITED STATE DEPARTMENT OF THE INTERIOR PROHIBITS DISCRIMINATION ON THE BASIS OF RACE', COLOR, NATIONAL ORIGIN, OR HANDICAP IN ITS FEDERALLY- ASSISTED PROGRAMS. IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST IN ANY PROGRAM, ACTIVITY, OR FACILITY, AS DESCRIBED ABOVE, OR IF YOU DESIRE FURTHER INFORMATION, PLEASE WRITE TO: OFFICE OF EQUAL OPPORTUNITY, UNITED STATES DEPARTMENT OF THE INTERIOR, WASHINGTON, DC 20240. Signed: Title. Date of Signing Project Note: acknowledgement of the Equal Opportunity Statement above shall accompany each application for federal funding. Receipt of this signed and dated statement will fulfill this requirement. 1992 SURVEY AND PLANNING GRANT APPLICATION FORM State Historic Preservation Office North Carolina Division of Archives and History I. PROJECT INFORMATION (Please type or print with black ink) Project title: Project Type: Archaeological Survey: Architectural Survey: National Register Nominations: Other (specify): Local Matching Funds: (non - federal) Attach separate list if necessary Donor: Source: Date Available: Kind (cash /other): II. APPLICANT INFORMATION Contact Person: Address: Telephone: Applicant Organization or Agency: Local Project Coordinator: Address: Telephone: Amount: Title: SIGNATURE AND TITLE: Officer of Sponsoring Organization DATE III. ABSTRACT OF PROPOSED PROJECT: On a separate sheet, please describe in one well developed paragraph exactly what will be accomplished with the grant and matching funds, including in- kind contributions. Applications for architectural surveys should include an estimate of the number of acres and properties to be surveyed. Historic Preservation Office staff are available for assistance in developing the project description, including an estimated budget. The Project Abstract may also include one or two additional paragraphs describing methods to be employed or information on how the proposed project fits into an overall plan of preservation activities for your community. For example, if this is Phase II of a four -phase action plan, what was Phase I and when was it completed, and how will Phases III and IV build on Phases I and II? PLEASE LIMIT THE ABSTRACT TO THREE DOUBLE SPACED TYPEWRITTEN PAGES. 10 1992 SURVEY AND PLANNING GRANT APPLICATION FORM Page Two VI. BUDGET: AN ESTIMATE OF PROJECT COSTS ( 1 ) (2) Line Items Grant Funds Cash Match In --Kind Match Total Principal Consultant/ $ Investigator Secretary' Project Coordinator Other Personnel (specify) Office Space Telephone Travel and Per Diem miles @ /mile days @ /day Film and Developing Office Supplies /Maps Advertising Costs Camera (purchase /rental) Printing and Copying Other (specify) TOTALS Budget Notes: (1) Cash funds must be available for payment of salaries, travel, film and developing. Be sure that grant funds are matched with sufficient non- federal cash match to meet this.requirement. (2) In-kind contributions could include office space, telephone costs, photocopying, supplies, indirect costs and project coordination, provided they are essential to the project and properly documented. Matching funds must constitute 50% of actual costs. Send by 1/31/92: (faith Equal Opportunity Statement) to: Lloyd Childers, State Historic Preservation Office, N:C. Division of Archives and History, 109 E. Jones, Raleigh, NC 27601 -2807 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT MEETING DATE JANUARY 21, 1992 ACTION AGENDA ITEM NO. . - SUBJECT: RESOLUTION FOR COOPERATIVE PURCHASING AGREEMENT DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING YES _X —NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT: 2650 RESOLUTION AGREEMENT PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To approve a resolution authorizing cooperative purchasing between the Orange County and local units of County and municipal governments. BACKGROUND: Pursuant to Board action on January 6, 1992 that authorized the purchase of fifteen (15) Law Enforcement four -door sedans for the Sheriff's Department, the Board is requested to approve the attached resolution. The resolution authorizes cooperative purchasing for Orange County. Article 20 Chapter 160A of the General Statutes of North Carolina dictates that cooperative purchasing be authorized through a resolution by the governing body. RECOMMENDATION: The Manager recommends approval of the resolution authorizing a cooperative purchasing agreement between the County of Orange and the City of Raleigh for the purchase of fifteen (15) Law Enforcement four -door sedans. F RESOLUTION A RESOLUTION AUTHORIZING COOPERATIVE PURCHASING BETWEEN ORANGE COUNTY AND OTHER COUNTY AND MUNICIPAL GOVERNMENTS Whereas, the Commissioners of the County of Orange, North Carolina, sees the need to maintain efficient local services by purchasing needed supplies and materials at the lowest possible purchasing price; and Whereas, the Commissioners of the County of Orange, North Carolina, realizes the value of cooperative purchasing in saving money and exchanging important information among County and municipal governments in the immediate geographical area; and Whereas, the Commissioners of the County of Orange, North Carolina, realizes the importance of selecting the bid proposal that is most advantageous to the needs of the people of the County of Orange; and Whereas, authority for cooperative purchasing by and between several units of local government is found in Article 20 of Chapter 160A of the General Statutes of North Carolina, Whereas, the City of Raleigh solicited proposals for law enforcement vehicles for itself and other governments composing the Triangle J Regional Council of Governments on December 11, 1991, and that bid was awarded to Capital Ford of Raleigh, NOW, Therefore, be it resolved by the Commissioners of the County of Orange, North Carolina, pursuant to Board action on January 6, 1992 authorizing the purchase of fifteen law enforcement vehicles, that the Director of Purchasing and Central Services of the County of Orange is authorized to contract (Exhibit 1) with the City of Raleigh for fifteen (15) Crown Victoria-- - vehicles from Capital Ford at a total cost of $175,710.00 through the City of Raleigh's bid of December 11, 1991. Adopted this the 21st day of January, 1991 3 AGREEMENT AN AGREEMENT AUTHORIZING COOPERATIVE PURCHASE BETWEEN ORANGE COUNTY AND THE CITY OF RALEIGH FOR THE PURCHASE OF FIFTEEN (16) LAW ENFORCEMENT VEHICLES The County of Orange and the City of Raleigh enter into this cooperative purchasing agreement for the purchase of fifteen (15) Ford Crown Victoria Law Enforcement Vehicles. The vehicles will be purchased from Capital Ford of Raleigh throgh the City of Raleigh's bid dated December 11, 1991 at a total cost of $175,710.00. Authority for this agreement is found in Article 20 of Chapter 160A of the General Statutes of North Carolina. Executed this the day of , 1992. County of Orange City of Raleigh By: By: Authorized Signature Authorized Signature Exhibit 1 I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V.,� ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 SUBJECT: Orange County Arts Commission Presentation of Grant Awards and Report DEPARTMENT: PUBLIC HEARING: Yes X No. Recreation & Par -- ATTACHMENT(S): INFORMATION CONTACT: List of Local Arts Grant Award Recipients for 1991 -92 PURPOSE: Wilma K. Tinny, Recreation & Parks TELEPHONE NUMBER: Ext. 2669 Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 1. Presentation of Orange County Arts Commission grant awards. 2. Informational report to the Board regarding activities and goals of the Arts Commission. BACKGROUND: The Orange County Arts Commission was created by a resolution of the Board of County Commissioners on February 4, 1985. The Arts Commission is the official county -wide advisory body on the arts. Its primary goals are: (1) To serve as the Local Distributing Agent of State Grassroots Grants and local (Orange County) funds; (2) Serve as a "clearing house" for information on the arts; (3) facilitate the development of self - sustaining arts programs; and (4) advise the Board of Commissioners on matters involving the arts. R,rCOMMENDATION(S): The Manager recommends that the hoard of Commissioners present the grant awards to the recipients and receive the status report for information only. 1 O 1 A 'd N r-I 2 cl a W a.1 1 W 1 r-I r-I .a ro 1-I W `-� .Q w 3 m •rl 4J a •i•i 'd 4-I 4) 1 3 a 1d Id 0 q 0 0 O G 1 .� C7 C7 Id -r1 p W a o 0 (i r-I 1d N E •rl 1 a -rl 1.1 O ro 4) rn C9 N w 4) 1 O 1 a a W O U E w m a 0 ?1 -P m 0 a >4 w 0 '0 ro 'd -r1 H 4J to rH-1 H ).1 1 1 M > a amp can w v A oroa h w a a w1 t O o O o O O C7 o O O p O O o O o O O O o O O O o O a O o O o O O O o it 1 ld 1 0 O O O C O Ln o O O O o 0 1n o O o t• M O O C m N O 1n O O o O. 1D O O O m O d� c�1 cn O r-I 1► 11'1 O M O O C7 1 1 ri rl r-I .� r-I ri J W py m a m ro cd 4J 1 '0 •r1 U C: w -$4 01 1 04 O U T q r- 1 1 04 m m ro •r1 m 4) ri • 1' ro j 4J r-1 a 4J V O► 1 U -P Ri $4 r'1 .'j H :3 3 M i b ?1 I•I 0 ro �' N O N 1 a H m to m ro 0 a i-I 0 m td 4J 4) 0 O 4) U 0 a O t7l N 0 m 1 .a m 'O to W •r1 •rl -r1 3 ro •rl 0 O -H w m 3 4J 1 O (d (d 14 U 4J W m •r1 .W 1-I 1-I 4a 4J 0 4J W cl 1 .1.1 01 W .w A U 44 m 0 a -rl 124 0 0 A >4 a m 1 0 Cn -H >•I 0 4) 9' 4) a a-) 44 ON s4 m 94 - 4 0 1 44 () I.1 4) b •P-1 14 -r1 'd N r-I 0.11 9 m W 0 1 r-I r•I 4) -r1 O 4) 04 > 4 a W ro AJ -rl Q W 4) r-I -r1 -rl 1 m ro I mi I m w a x W !d w 1.1 a m 0 .0 Id 0 4.1 1 m x X (D 04 4J w m 0 p. 0 •r1 (0 �C 4J m 4) 041 0) 1 a m s•1 U 4-) 04 0 p 04 -rl 1 U a p ro r-I 'Jr r-I m 4-4 +1 r-I W i4 V a 4.1 rd k I U 0 0 U w � 1d -01 > 0 k U a p 4J () O 0 a) •V 0 1 ro AJ 44 •r1 0 m 4.1 •rl 0 -r1 U m r-I •r1 4 a m l m 1-I 44 -H 0 4) 41 a U m :14-1 4J a 4) 10 0 1 3 q m 4) 4-) � U m id a a m a 4J 4) 0 0 I-I it a 1 0 A 04 � b+ N a 0 -rl 0 0 •r1 U e. -r1 V1 1 .0 O 0 a (a a ro w 1.1 4J U •r1 > m 4J N 41 1 to h 4 -r1 0 m V ro )-I m 4J •r1 4) a 0 > 04 0 1 m 0 4-1 r-I I 4) >4 bn 0 P U 4-) •r1 p -H 4J 01 1 4J a Ag 5 0 0 m O U A a 'd a •r1 .0 .0 4-) S3 -n 1 r-I N P •r1 .X a 'd 4a a 4J (D •r1 r-4 10 m 4J M 4) co O Q 1 -H r-I 0 4J P m a �4 (d a r-I l-I •r1 0 q •r1 4J ra 4) 0 ty 1 a r-I g Id 1d H ro On O 0 04 A .Z I.1 N 3 N 4) ! 4 v a a w z M w >4 u to u u a «n 9c eJ v 1 b+ m o 1 0 1 U 4' 1 4J 44 1 0 1 •r4 4) U b 1 0 N N N H r^I I a 4J a Ol N O 1 W (a "i 0 m m •rl O cn W O 1 4) 0 V a a a •r1 1 A N r-4 A 0 r-I O 0 4) 41 .a 1 U 41 Olt 1 0 E A O m m M U �4 U M H to N � 1 p U 0 4-) -A 4J a •r1 O +1 r-1 1 m a A M .a w m m r-) (d b ml O 4) rd � 1 a 4J 4-) E U 91 IQ 4) O .0 r-I 'O 4) r-I a 1 r-) a p 0 m Ix W 4 -r1 -r1 a Pi .a H N r-I W r-I U N b 4 E ■ 1� a v � 4) 0 � r4 -rl -rl 0 -04 �, r-4 3 0� m �• .4J 1 i�1 .� r-I o 0 r1 r1 O 0 r b 1d 1 0 E 41 V -rl I w m m V •r1 •rl r-I >, x r1 •'�'.�" • W I b )-I N •r1 1 m m 0 r-I > 0) 1.1 U -04 1 a o a b A 0) 0) 1d 0) 4) m a ro ro ON M 1 ro A to a a', m U U U M A w Id A A 'C! 1d 1 r-1 14 U ro 4) po r-I ro ro -rl a •rl .0 a U N v $4 1 U 0 x o w m -� 0 0 14 0) 1 +� 41 0 3 01 Q,' U U U w' 04 m x 0 w w to w E ro 9 I UY ORANGE COUNTY { BOARD OF COMMISSIONERS Action Agenda Item No.� ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1991 SUBJECT: 24 -Hour Courthouse Project Update DEPARTMENT: County Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S): INFORMATION CONTACT: Albert Kittrell Sharron Siler Ext. 2300 List of Video Shots by Departments TELEPHONE NUMBER - List of 24 Hour Courthouse Project Hillsborough - 732 -8181 Team Members Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To receive an update and view excerpts from the 24 -Hour Courthouse project. BACKGROUND: On January 22, 1991 the Board approved a contract with Southern Media Design and Production, Inc. to provide video and audio production services for the 24 -Hour Courthouse project. Since January, 1991 the 24 -Hour Courthouse Project Team has worked closely with Southern Media to write and edit descriptions of county department activities; select video shots; write and edit voice narratives for video shots; finalize the design for the kiosk (cabinet that will house the computer hardware); and shoot video footage. The contract with Southern Media excluded video shooting which reduced the amount by $4,520. The video shooting was donated by WTVD. Free video shooting reduced the cost of the project, but extended the project by several months. The cameraman from WTVD donated 4 to 6 hours per day twice a month. Video shooting began in September. If the County had purchased this service, video shooting would have been completed within one week or by the end of September. The cameraman also viewed many hours of archived video footage and WTVD donated this footage to the County. 2 r The project is scheduled to be completed by April 30. The major activities remaining are: approximately two days of video shooting, video editing, audio recording, transfer of video to computer software, and construction of kiosk. Jane Sparks, Data Processing, and Peggy Rabb, Southern Media, programmed and produced excerpts of the 24 -Hour Courthouse Project for your review and comments. RECOMMENDATION(S): Manager recommends that the Board receive the report as information. V 3 24 -HOUR COURTHOUSE PROJECT VIDEO SHOTS OF COUNTY DEPARTMENT ACTIVITIES 1. County Government Info • Emergency Management - rescuing injured person from car accident • Sheriff - Deputy riding in vehicle • Fire fighters extinguishing fire; fire trucks responding to call • Public Meeting - County Commissioners' meeting with citizens speaking 2. Older Persons • Bridge players at Carrboro Senior Center • Transportation pick -up at North Side for leisure trip • Care manager making a home visit • Volunteer reading to a child • Committee at work at Galleria 3. Social Services • Children at one of the day care centers, with supervising adults in the background • Elderly people at one of the rest homes • Shot of staff members providing job skills classes to JOBS participants 4. Health * Representative shots of each of the four divisions Personal health Environmental health Animal control Dental S. Personal Health Services • Home visit for child service coordination with public health nurse • Scenes in prenatal clinic with expectant mothers, including medical exam, prenatal class, individual social work session • Children receiving immunization shots • Medical staff at work -- Jerry Gregory doing a screening for Worksite Wellness program 6. Environmental Health • Septic tank inspection Unique truck with Orange County seal Using augur instrument • Restaurant inspection Show grade A permit at a well -known landmark (Colonial inn) • Wells - digging and installation of well l i 7. Animal Control • Owner putting license tag on animal • Animal control officer picking up an abandoned animal, with special vehicle in the shot • Animal Protection Society animal shelter in Chapel Hill, showing a variety of animals in "protective custody" S. Housinq • Home construction rehab • Housing inspector checking through a house • Staff in offices, counseling landlord and tenants about Section 8 program 9. Mental Health • Staged group therapy session • HelpLine operator in action 10. Women1ss Concerns • Group shot of family -- older and younger -- three generations • Woman in non - traditional job (construction worker, telephone line worker or telephone surveyor) • Board member reading to her daughter • Commission for Women Roundtable 11. Child support • Single parent walking with child, in conversation • Someone paying at the Child Support Court payment window • Recreated court scene in Chapel Hill or Hillsborough court 12. Transportation services • Senior citizens getting on CAT bus • Orange Industries employees boarding bus *Someone in wheelchair meeting a bus /special vehicle outside Orange Family Medical building 13. Licenses, Permits, & Tries • Landfill /dumping • Nuptials /weddings - couple obtaining marriage license and wedding shots • Citizen paying taxes at'Tax Office k, 14. Planning /Inspections Permits • Building permit posted at a building site; zoom or pan to show people reviewing blueprints on site • Montage of building construction, mobile homes, (recognizable signs) graders, scrapers /heavy equipment Generic, except signs 15. Leisure opportunities • Youth fishing club • Senior citizens square dancing • Youth playing sports -- soccer; basketball • Fairview Park, Hillsborough, including sign, playground, picnic, possibly gymnasium and basketball shooting • Outdoorsy footage montage of county (Parks and Museums list) 16. Parks and Museums • Nature walks: Eno River State Park and Duke Forest • Historic Hillsborough • Ackland Art Museum and Morehead Planetarium • NC Botanical Garden 17. Public Libraries • Orange County bookmobile • Sequence of shots of children and people of all ages reading in Orange County library -- Special children's room, story hour - -NC Reading Room 18. Citizen Participation • Election sequence at polling place in county • Community Watch signs in neighborhood • volunteer fire station • Board meeting showing county citizens appointed to one of the Boards (Planning, social services, Aging, Health) in action 19. cooperative Extension service - (From tape supplied by department) * Meetings and organization * 4H activities * Agricultural shots * Dairy farm shots 6 20. soil and Water - (From tape supplied by department) • Education • Panoramas • Dairy and farming 21. Trash Collection& Disposal • Landfill panorama, with dumpster moving through in reseeded areas • Front loader emptying 6 -yard containers • Recycling center, with people loading bins 7 24 -HOUR COURTHOUSE PROJECT TEAM Member Department EXT. Albert Kittrell Manager 2300 Jane Sparks Data Processing 2277 Tara Fikes Housing & CD 2490 Eleanor Green Personnel 2556 Don Powell Planning 2579 Louise Baker Aging 968 -4478 Sharron Siler Manager 2300 7 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21 1992 1 Action A enda Item #%3. SUBJECT: REPORT-ON TANGLEWOOD ACRES SUBDIVISION: COMPLAINT OF KHYE WENG NG DEPARTMENT: PLANNING PUBLIC HEARING Yes _x —No ATTACHMENT(S): 11/14/91 Memorandum to Board- of Commissioners Tanglewood Acres Resolution of Approval INFORMATION CONTACT: Mary Scearbo Extension 2583 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To provide the Board with information on the appropriate course of action in response to a complaint concerning a condition of Preliminary Plat approval. BACKGROUND: Guat Cheng Ng appeared before the Board of Commissioners on December 17, 1991 seeking relief from a condition of Preliminary Plat approval for Tanglewood Subdivision. The Board of Commissioners referred the item back to the Planning Staff for review and a recommendation for further action. Summary of Case History The Tanglewood Acres Subdivision was approved by the Board of Commissioners on June 26, 1990. One of the roads in the subdivision was required to be improved to NCDOT standards for unpaved roads. The road was improved only to Class B private road standards. The applicant is seeking relief from further improving the road to the standards required in the Resolution of Approval. The justification presented by the applicant for relaxing the requirement has focused on statements to the surveyor by NCDOT that no construction standards for unpaved roads existed. The Planning Staff believes that a logical response would have been to return to the approving agency to ask what standards should be applied. However, the staff was not made 9 2 aware of the problem until the road had already been improved to a lesser standard. A more detailed history of this issue is provided in the attached memorandum to the Board of Commissioners dated November 14, 1991. The Final Plat can be approved and released for recordation only when all of the conditions contained in the Resolution of Approval have been met. Specific conditions of approval may be changed only through revising the Preliminary Plat. Action on such a request must be made by the original approving Board, which is the Board of Commissioners in this case. A revision follows the same procedures set forth in the Subdivision Regulations for Preliminary Plats. Preliminary Plat fees also apply, which in this case would be $380.00 ($350.00 plus $5.00 per lot). RECOMMENDATION: As the Board decides. ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, N'ORTH CAROLINA 27278 r.• M E M O R A N D U M TO: Board of County Commissioners FROM: Mary Scearbo, Planner III DATE: November 14, 1991 SUBJECT: Tanglewood Acres Subdivision C You may have been contacted recently by Dr. and Mrs. Weng regarding a major subdivision. The following is a summary of background information to describe the Wengs' situation. The concerns of Khye Weng Ng and Guat Cheng Ng involve a requirement for a public road in the Tanglewood Acres Subdivision, approved on June 26, 1990. The subdivision contains 7 lots, and there are three roads involved. A sketch is provided below. The Preliminary Plat was approved with the requirements that Cheng Court be built to Class B private road standards, Benton Drive to be maintained at Class B private road standards and Storey Lane to be upgraded to NCDOT standards for unpaved roads. im -a 22-6 —.� =Z TANGLEWOOD ACP.ES � GayfF 1V Syw�[.i0 iM A'C & G[1.;T GliEn`G NG {'..:F�L ni._ rM.:*cr:cc Ell On June 17, 1991, Staff received an incomplete Final Plat application. Staff was told then that the roads were being built, and that the owners were out of town, but would come by on June 19th to pay the fees and sign the application form. On June 18, Staff received from the Erosion Control Officer the inspection report on the road construction. It was then discovered that (1) the roads had been installed without approval of an Erosion Control Plan or a Grading Permit, and (2) Storey Lane had been built to Class B private road standards. Each of these conditions of approval was clearly stated in the Resolution of Approval which was signed by the owners. There was apparently some confusion as to "unpaved" public road standards. Had the Planning Staff been made aware of this confusion before the road was built, it could have provided clarification and coordination between NCDOT and the applicant. A meeting took place on July 18 with the County Manager, County Attorney, Planning Director, Planning Staff, NCDOT, the applicant, and the applicant's surveyor to discuss Storey Lane. The applicants desired to have Storey Lane remain at Class B private road standards instead of upgrading it to a width which would be acceptable for NCDOT maintenance. At that meeting, the Planning Staff shared an April 20, 1990, letter received from NCDOT which outlined the construction standards that Storey Lane must meet (copy attached). The applicants expressed surprise concerning the existence of such standards, particularly in view of the fact that their surveyor had contacted Mr. Joey Hopkins of NCDOT and was told that specific standards for such roads did not exist. It was explained that the staff could not authorize a change in the standards, because it would be in conflict with the conditions of the Preliminary Plat approved by the Board of Commissioners. Staff continued to provide assistance as needed, including arranging. a meeting between NCDOT, the applicant and the grading contractor to discuss road standards. The applicant recently asked if the road standard could be reduced to Class B if there were fewer lots in the subdivision. There were several factors which had contributed to the Staff recommendation that Storey Lane be public. First, it is classified as a "pre- existing" public road, and thus is eligible for NCDOT maintenance at unpaved NCDOT standards. Second, a partial right -of -way connects to Graystone Lane of Stoney Creek. When the property to the north of Tanglewood Acres develops, the remainder of the right - of -way will be dedicated, providing a new through connection to NC 86. The applicant was advised that if the road requirements were to be reconsidered, a new major subdivision would have to be resubmitted and follow the complete Preliminary Plat approval procedure. APF7LiC_AAJT5.' kjq qLAT C44ffmq :5CALF-: -i -I 5-27 cs� too _Q. to 41 ac Cat 5 Ra at 0- 0 at 9 94 ®R was, at Ad 0—se AC. rm" P, I 0 it Ac a., � . TTAC $isfi& I& en AC oil It ' mm art I-N 'Iml so It OAC sts, Ee) Is as Ac 16M fIL wr 4 .oc #6 am, At two awe as 1kc 8 row j pr is 42DAC G. Re se to A a a SlAr ttess at 4ttet Itel' (D 'A % 0 it (D. efic mat AlL, vIts'aA4 7. DOOR Bw t elp do AIL fl I%c 8�- wf'. AM of It Q -say _Rae &c. GAL� 144611AC� I IF (D. ll`ldkc� % API IKE Z afte IW at INIP 1 1 r7 1-nY RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date May 4 .1990�lt'vs_ Name of Subdivision Tanglewood Acres Owner /Applicant Khye Weng_Ng and Guat Cheng - -N__q The Board of County Commissioners hereby approves Tanglewood Acres subdivision preliminary plat, dated Febraary 24, 2.990 and containing 6 lots, subject to the fulfillment of requirements specified herein. Storey Lane and Benton Drive shall be irrevocably dedicated to the general public. Storey Lane shall be constructed to gravel road standards of the North Carolina Department of Transportation. The approval of this resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of the rights -of =way for Storey Lane and Benton Drive. This acceptance by Orange County of the dedication to the general public of Storey Lane and Benton Drive shall be without maintenance responsibility. These roads shall be maintained by the owner /applicant until such time as they are accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat of any phase of Tanglewood Acres can be recorded: A. Sewage Disposal 1. Each residential lot shall contain as adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2. Disclosure that the septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information recarding the tentative location of septic systems is available from -he Orange County Health Department, Division of Environmental health. B. Roads and Access i. Benton Drive shall be constructed within a 60 foot right -o_- way and shall be constructed to Class B private road standards. Storey Lane shall be constructed within a 60 foot right -of -way up to Cheng Court and shall be constructed to the cravel road standards of the North Carolina Depa_tment c= 7 Transportation. Cheng Court shall be constructed within a 60 foot _fight -of -way and shall be constructed to Class B private road standards. OR A letter of credit, escrow agreement, or bond shall be s::b^itted to secure construction of Storey Lane, Cheng Court and Benton Drive to the standards of the North Carolina Department of Transoortation or private road standards as applicable. An estimate of the construction cost must be prepared by a certified /licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2. Submit an erosion control plan for construction of the roads, if the amount of disturbance will exceed 20,000 square feet. 3. A Private Road Maintenance Agreement for Storey Lane, Cheng Court, and Benton Drive shall be approved by the County rttornev. The Road Maintenance Agreement for Benton Drive shall require that the owners of lots "A ", 'B ", 4, and 5 shall contribute to the upgrading of Benton Drive when it is constructed to the standards of the North Carolina Department of Transportation. 4. .. provision that there be no further subdivision of env lot created by this subdivision shall be included zn a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently wit^ the .final Plat. 5. The intent for future extension of Storey Lane shall be indicated on the Final Plat by the ��ords "Subject to =afore Eytension'. G. :�C±:S , , c:1i 6 anall access onto 'Cheng CO_I._ -tits 4 arc 5 shall access onto Ben ton Drive. This res Friction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 7. Storev Lane and Benton Drive shall be labeled "public" on the final Diet. C. Land Use Buffers and Landscaping 1. Landscapinc shall be preserved as indicated on the approved landscape Dlan, and rust be inspected and approved by e Planning and Inspections Department. 2. Provisions =or protection of existing trees as shown on the approved landscape plan shall be included in a document AN E. F. 8 describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. Drainage I. A stream buffer and drainage easement shall be provided for a width.of 100' along the creek across tots 3, 4, and 5. The width of the buffer shall be stated on the face of the plat. Development restrictions within the buffer shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 2. Indicate a 30 the channel) stream buffer an additional across lots 6 buffer. Parkland foot drainage easement (15 feet on each side of along the, spring on lot 4 west from the 100' to the lot line between lots 4 and 5. Locate drainage easement 30 feet wide along the swale and 3 to connect with the 100 foot stream 1. Cash in the amount of $804.00 04690.59 /acre x 6/35 acre) shall be paid to Orange County as payment in lieu of parkland dedication. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V -D=2 and V -D -3 of the Orange County Subdivision Regulations. 2. The following natural and man -made site features shall be shown on the plat: a. Creeks on lots 4 and 5. 3. The following easements shall be shown on the plat: a. 30' drainage easement across lots 6 and 3. b. 30' drainage easement across lot 4. 4. A setback of 50 feet shall be maintained as measured from the edge of right -ow -way of all roads. Side yards shall be a minimum of 30 feet, and wear yards a minimum of 30 feet.. These setback repuirements shall be stated on the plat, and in a document describing development restrictions and recuirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. { IT VI G. Certifications 1. c. C'ertificate of Svrvey and Accuracy sicned by a registered Land S,.:rveyor shall be notarized on the face of the Final Plat. 2. A Certificate of Declaration and Maintenance in the form provided in Section V -D -6 -b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. The Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal and adequate repair area. 4. The North Carolina Department of Transportation shall certify that Storey Lane has been constructed to State cravel woad standards or that Construction Plans have been approved. 5. A Certificate of Approval signed by the Orange County PlannLng and Inspections Department. Uj i (,�)A C, Sicna.,are- of Aop],�cant ` Cl elk to the Bowrt -, k'r�KC� ', accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation cz the final olat. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda - V=-C, AGENDA ITEM ABSTRACT Item No. � Meeting Date: JANUARY 21, 1992 SUBJECT: SCHOOL BOND REFERENDUM DEPARTMENT: COUNTY COMMISSIONERS ATTACHMENT(S): Elected Officials Survey on Issues /Concerns /Questions (distributed 1/11/92) and Background on the Proposed CHCCS Bond Projects, dated January 7, 1992 (distributed 1/11/92). PUBLIC HEARING YES: NO: X INFORMATION CONTACT: Moses Carey TELEPHONE NUMBER Hillsborough - 732 -8181 Chapel Hill -- 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To follow up the January 11 and January 18 bond referendum discussions with the school boards of the Orange County and Chapel Hill - Carrboro City Schools. BACKGROUND: On January 11, 1992 the Board of Commissioners met with the two school boards to discuss a school bond referendum. As part of that process elected officials responded to a survey of their concerns, and the results were distributed at the meeting. In addition, background information concerning proposed bond projects for the Chapel Hill- Carrboro City Schools was distributed. Furthermore, during the four hour discussion a number of issues were discussed and various concerns were voiced by members of-both school boards. A second four -hour meeting is scheduled for January 18, 1992. The Board of Commissioners must decide at its February 3 meeting whether or not to schedule a bond referendum in May. Therefore it would be desirable on January 21 to address issues raised in the January 11 meeting but not resolved in the January 18 meeting, if the issues are crucial to the February 3 decision. RECOMMENDATION(S): Assess the results of the January 11 and January 18 meetings with the two school boards to determine the status of the bond referendum being considered for 1992. Discuss and attempt to resolve any issues which can be addressed on January 21, in order to prepare for the, bond referendum decision which will be made on February 3. I O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM A81`7RACT Meeting Date: January 21, 1992 Agenda Abstract Item # SUBJECT: IMPACT FEES FOR PUBLIC SCHOOL FACILITIES DEPARTMENT: Planning PUBLIC HEARING: Yes_X_No ATTACHMENT(S): INFORMATION CONTACT: Technical Report Re: Fee Planning Director X2592 Calculation (Distributed previously) PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To present a technical report on methods used for calculating proportionate share impact fees for financing public school facilities. BACKGROUND: At its August 20, 1991 meeting, a report was presented to the Board of Commissioners outlining major considerations in developing a system of proportionate share impact fees for public school facilities. On December 23, 1991, a technical report on the calculation of impact fees for Orange County was distributed to the Board of Commissioners. The report documents a logical sequence of deriving impact fees for public school facilities, using the same methods employed by Anne Arundel County, Maryland, and Broward County, Florida. The steps used in the process are summarized below: 1. To determine the quantity of needed improvements: a. Calculate student generation rates or the average number of school -age children per residential unit, by housing and school type; and b. Identify service standards or the number of square feet of building and land area per student used to calculate the size of new school facilities. K 2. To determine the capital cost per student of constructing new schools: a. Identify the per square foot cost for buildings, per acre cost for land, design /engineering cost ( %), and equipment /furnishing cost (%) for new facilities, by school type; and b. Calculate the amount of credit due new development for payments made toward existing facilities, including revenues received from sales and property taxes, and public school building funds (grants). 3. To insure that impacts fees collected from a particular development are expended on facilities that benefit the development: a. Repeat Steps 1 and 2 for each school district to recognize different student generation rates, capital costs, household sizes, and housing values; and b. Provide credit for facilities built or dedicated by the developer. The report has been distributed to various County departments for review and comment. Following internal review, the report will be distributed to the municipalities, school boards, and homebuilders. After the review and comment cycle is complete, the report will be revised and presented to the Board of Commissioners. If the Board feels the report adequately identifies an impact fee structure for the county, a public hearing may be scheduled to present the proposal to the citizens. Following the hearing, the Board of Commissioners can decide if it wishes to include an impact fee schedule in the FY 1992 -93 budget. RECOMMMATION: No decision is to be made by the Commissioners at this meeting. The Planning Director will be available to answer questions regarding the report.-__ 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No 2�a -E ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 SUBJECT: Appointment of Bond Counsel DEPARTMENT County Manager PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT None Rod Visser, ext 2300 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To receive a report on appointment of bond counsel for a possible school bond referendum. BACKGROUND: The Board of Commissioners is preparing to decide at the February 3 meeting whether or not to pursue a school bond referendum in conjunction with the May 5, 1992 primary elections. Should the Board decide to pursue a bond referendum, the County will need to retain bond counsel to assist in the bond process. Bond counsels are specialized practioners in the issuance of Municipal Bonds. These attorneys are an essential part of the bond authorization and issuance process. The underwiters and prospective bond holders expect that all bonds that are issued will be accompanied by a legal opinion from a recognized bond counsel attesting to the issue's validity. No market would exist for bonds without such an opinion. It is important to note that the opinion must come from a recognized bond attorney - that is, an attorney whose work and reputation in the field of municipal bonds is accepted on the national bond market. Bond counsel role in the issuance process is threefold. First, he drafts all documents needed to record the proceedings. Second, he directs the government's officials through each step necessary to a valid bond authorization. Third, he renders a legal opinion attesting to the validity of the bonds. orange County's current bond counsel is Brown & Wood. Gundars Aperans, the firm's principal who assisted the County in the 1988 referendum and three subsequent bond sales, has rendered accurate, timely, and highly professional service to the County. Should the Board decide to hold a May 5 referendum, the County Manager will recommend that the Board retain Brown & Wood as bond counsel because of the strong performance of the firm and the excellent staff working relationships. These are important factors in view of the tight timeline for a possible May 5 referendum. Should the Board pursue a later referendum, the County could conduct an assessment process for bond counsel that would include firms located both inside and outside of North Carolina. RECOMMENDATION(S): The Manager recommends that the Board receive the report as information. . ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda �� ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: January 21, 1992 Community Interest in a Playground for the SUBJECT: REPORT -- Perry Hills Subdivision (Frazier Road) DEPARTMENT: Recreation & Parks PUBLIC HEARING YES: NO: XX ATTACHMENT(S): INFORMATION CONTACT:MaryAnne B. Moore Correspondence dated ext. 2664 October 21 (received November 22) November 20, and December 19, 1991 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To provide a report to the Commissioners regarding citizen interest in a playground to serve the residents of the Perry Hills Subdivision. BACKGROUND: The residents of the Perry Hills subdivision contacted the staff of the Recreation and Parks Department to express interest in a playground being built on county -owned property in their neighborhood. The property in question is at the intersection of Frazier and Lancaster Roads -- land identified for the Frazier Road Solid waste Collection Center. The citizen group brought their concerns to the Orange County Recreation and Parks Advisory Council in December, to outline their proposal. The citizens would like the County to build a neighborhood park on this property in their subdivision. The Recreation and Parks Advisory Council recognizes the uniquenesss of this subdivision (high density, urban -like in a rural setting) but county policy direction to date has been one of focusing efforts on developing six identified, larger, community, not neighborhood, parks. In order to balance the current policy of park development and the recognition of the high citizen interest for a playground in Perry Hillls, the Advisory Council recommends an alternate use of this county property if the property is not going to be used for other county purposes. Consideration could be given to the county entering into a lease arrangement with the Perry Hills Homeowners Association (Association as- yet unformed) for the neighborhood to develop its own playground. Staff stands ready to offer technical assistance /advise in park design, maintenance, and operation. RECOMMENDATION(S): Receive the report as information. 2 October 21, 1991 To Orange County Board of Commissioners Hillsborough; NC From : Residents of Efland - Cheeks Township Re County-owned land as a playground We the citizens of the Efland - Cheeks Township wish to ask the Board of Commissioners to "Dedicate county -owned land at the corner of Frazier Road and Lancaster Drive to the tax- payers of the Efland - Cheeks Township to be furnished with playground equipment- for the benefit of all Orange County Children ", not just our township. We feel this land could best benefit the community in this manner. In that, our children will then have a place to go for enjoyment. Perhaps volleyball, baseball, football, monkey bars, etc. could be placed there for their enjoyment. Vigorous games tend to calm children down and burn off lots of excess energy. This excess energy could, of course, end up in a street fighting or worse. This playground would target children at least 4 years of age (elementary) through age 12 (middle). These are the years when children are under a lot of peer pressure and begin looking for places to go and things to do. The playground would be a definite plus for the children in our community versus the streets. The location of the playground would be within walking distance of at least 36 elementary children (1 mile radius of site). When the playground is complete "regular" park rules would be applied and enforced by community adults. If your decide to dedicate the land to us, we will work diligently with other county officials to set up the playground as outlined, taking into consideration the needs of the children and community. We thank you for all consideration given this request. 3 N C Orange County Recreation and Parks Department —�.. ..,"' Post Office Box 8181 • Hillsborough, North Carolina 27278 - y c Life. Be in it. y�� Mary Anne Black. Director November 20, 1991 Mr. & Mrs. Fred Jones 607 Lancaster Drive Mebane, N. C. 27302 Dear Mrs. Jones: I enjoyed meeting with you Tuesday morning to discuss your interest in the county building a playground in your neighborhood (Perry Hills). As we discussed, the county is currently constructing parks that are already planned. These planned parks are large enough to either serve several communities (these are called district parks) or serve several neighborhoods (these are called communit parks). Small playgrounds and parks in individual neighborhoods (like your neighborhood is interested in), are not planned out in the county, except one small neighborhood park next to the Efland- Cheeks Elementary School. There are hundred of neighborhoods like yours in the county; instead of building hundreds of playgrounds or small parks, the county plans to develop six (6) community parks and four (4) larger, district parks. One of these community parks (usually 25 acres or more and containing a large playground, ballfields, picnic areas, a picnic shelter, and a multi -use court) is to be located somewhere in the Cheeks Township. The Cheeks Township is approximately the area of the county from the Mebane /Orange County line to the west, where the Eno River crosses under Highway 70 to the east, the intersection of Mill Creek Road and High Rock Road to the north, and the Buckhorn community to the south (see map showing Cheek Township boundaries). The county has not determined where that approximate 25+ acre park will be located in your township. Since the playground you are asking the county to provide isn't a planned project, we discussed this morning that your neighborhood representatives should come before the Orange County Recreation and Parks Advisory Council and make your request. This Advisory Council was created by the County Commissioners to advise them on parks and programs that should be implemented or funded. The RPAC will either recommend "yes" or "no" to funding your project. If RPAC recommends "no ", they will write the Commissioners a letter and tell them why. Offices located at 300 W. Tryon Street. Hillsborough. NC 4 If RPAC recommends "yes ", they will ask me to request funding for the project from the Commissioners. The Commissioners vote on projects to fund or not fund in mid - March. (This is called the "C.I.P. ", or "Capital Improvements Plan "). We discussed that what you'll be asking RPAC to do, is to change the planned park projects in their plan (the planned parks are listed in the Orange County Master Recreation and Parks Plan). We also discussed that your neighborhood will (in April) sit right in (less than 5 miles) between two (2) nice playgrounds in Orange County - -one at Lake Michael and the new one at the Efland- Cheeks Community Center & Neighborhood Park. If RPAC should recommend "no" to funding the development of a playground 'for your neighborhood, please remember that my department is available to assist you and your group in designing your playground, helping you choose appropriate pieces of play equipment, and recommending how it should be placed on the site. You indicated you might be able to secure funding from neighborhood "sales" and companies to build the playground yourselves. I left our meeting with the understanding that you want to come before RPAC at their next meeting, December 3, 1991. That meeting is at 7:30 pm and will be held in a room below the Library in Hillsborough (the Aging Conference Room). I will ask RPAC Chair Susan Waldrop to include you on her meeting's agenda that evening. I look forward to seeing you again that night. Sincerely, MaryA ne B. Moore Director MAM /lj xc: Board of County Commissioners John Link, County Manager Albert Kittrell, Assistant County Manager RPAC Members fn: Perryhls.doc Cw +Caw+j �.� _ �.ts• Ct•r.• oe 4 Its It 509 4- 4v 4GgpIJ C�a GedaY -'I >fA `1 :fir \I R�ppe V C 1 •sue . j e+ r IMPA vi NORT14' ' `tf '" 1 ACCM►�' 01 mnVICES CENTtR �..' _ I ' /.' ��� l•P LI T" LI - 1 \ 10I ` •k • of +% PAFIf A. 1 I.CEO�}i�r d0OVE, �°a°.r``. t ' TVIjP. !44 •y �� UI TLr; \,FIO' '. 1 % .� ✓' _ (: / �. / )1 \ t II ' .. ,,., rte, (.� 7� 4y j AI f • ; - _ j t i - - - -- 71 ;1 Ib I4 A EE S• �rti -. -aT d e4 1 ;- : \ � �'�� }' t I ENO NIS f �0 `/P VP ED �, CO �KSPd b ED t ! J li n, .L —CaRI N Q,~ EKS- Off / -..� �sw MING L \ (- r f -\ 1'� C �clrlATIOH�AK /., -.. �Tf S L IV 1 »''• J) l D gICT.� } - �• •l t�t�`� . `,r ` t rr� �� I c, .r %% ) . of X. ;` �• J / /1 ( ► '� LTERNAL f '' �• '•' �f. ai 1` . �/ I ' f a�: DI!lTRiC� PAR •'r .. ... ' ; / tam r � / \.. ' S . ' ` � � I `' r iii � ` •" � . � ice, ,� _ \ ,` • `mo w - -r : - -- " SSTATIO - - -- �^-* v. ,- 'r� ; .� ', ; %• ; r 1k,� t' 1 PROPOSE lsINOMAM -CAN oe� i 1 / t ' DISTRICT PAt11t -�' ; ' / ' ' t CnEEK RE$tn f OR �"- • �- Ir ®28 "' r t �� DIBTgRICT /� _ '' PAR` 7 oi• \1 IMP gc cam` Orange County Recreation and Parks Department NC P Post Office Box 8181 • Hillsborough, North Carolina . 27278 Mary Anne Black. Director December 19, _1991 Mr. Moses Carey, Chairman Orange County Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Mr. Carey, Life. Be in it. We enjoyed meeting with Mr. and Mrs. Fred Jones this past Tuesday afternoon to discuss their interest in the county building a playground in their neighborhood (Perry Hills). We had scheduled the Joneses to speak before the Advisory Council at our regularly scheduled meeting on December 3rd, but they did not attend that meeting and we rescheduled. The Joneses are very interested in spear - heading a neighborhood effort to build a playground on the county -owned property (+ 2 acres) that was to be the Frazier Road Solid Waste Collection Center. We explained that the county Recreation and Parks Department does not plan to develop any neighborhood parks out. in. neighborhoods in the rural areas of the county. We outlined that the county is focusing its effort and money on larger community and district parks. After some discussion, we came to the conclusion that this neighborhood is quite unique, in that it is a very densely populated and sizable rural neighborhood. We agreed that there was a need for recreational opportunities within walking distance for those children. In order to balance our current policy of park development and our recognition of the need for a playground in Perry Hills, we offer the following recommendation to the Board of Commissioners: If the +2 acres on Frazier Road is not going to be used by the county for other purposes, we recommend that the property be leased to their Homeowners Association (they have indicated they are seeking to,establish one) for $1 per year. We also recommend that the county provide park design services to the group (MaryAnne Moore can do this) to assist them with decisions about types of play equipment and safe placement_ of same. MaryAnne should also provide information to them about how to maintain their area in a safe manner. Offices located at 300 W. Trvon Street. Hillsborough. NC Taie ^'r.�,ne_ a"a 732 cicZi . 01 C, . 01 a :c. , . . c•a . _„ c. -_ . •- 7 We were clear with the Joneses that in leasing the area, the county would be giving them (the Homeowners Association) the responsibility to plan, develop, and maintain the park and that the county would not be in a position to be liable for accidents that may occur there or responsible for the maintenance and up -keep of the facility. The Joneses asked if the county would assist them in paying for the play equipment in a 50/50 split arrangement. We did not offer any agreement towards that; Council member Marie Tate, Cheeks representative explained in great detail how the Efland Development Association was raising funds to help the county develop the park at the new Efland- Cheeks Community Center, and that the Perry Hills group should not count on the.- c ,ounty to assist them. The Joneses seemed happy with the outcome of our meeting and we indicated to them we would be forwarding this letter to you and that you may discuss it at an up- coming Commissioners' meeting. Please do not hesitate to call on us for further information or recommendation. Sincerely, Jim Gray RPAC Member 9�p�a i��� Stella Maunsell RPAC Member Marie Tate RPAC Member xc: RPAC members John M. Link, County Manager MaryAnne B. Moore, Recreation and Parks Director ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, '1992 SUBJECT: Sewer Bottleneck DEPARTMENT: Economic Development ATTACHMENT(S): None Action Agenda Item No.3=--(x PUBLIC HEARING: Yes INFORMATION CONTACT: Ted Abernethy - TELEPHONE NUMBER: Hillsborough — 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: The purpose is to give a report to update the Commissioners on the status of the sewer bottleneck which exists at 86/70A and Elizabeth Brady Road. BACKGROUND: In 1988 a series of meetings was held to develop an agreement to eliminate a sewer bottleneck at Elizabeth Brady Road and 70A. The County set aside $66,000 as its contribution to the tentative agreement. After the tentative agreement was reached, complications delayed the improvements. Last year, the Town of Hillsborough completed upgrades to the area, needed easements were obtained and all parties are working to finalize a new agreement. RECOMMENDATION(S)): The Manager recommends that the Commission receive the report as information. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: JANUARY 21, 1992 SUBJECT: MATERNAL AND INFANT OUTREACH PROJECT DEPARTMENT: HEALTH ATTACHMENT(S): 1) Notice of Award 1 Action Agenda Item No. VIC i4 PUBLIC HEARING: Yes X No INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2411 2) Application for Maternal and TELEPHONE NUMBER: Infant Outreach Project Hillsborough - 732 -8181 chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To accept a grant through the State from the irate B. Reynolds Trust to establish two (2) Maternal Outreach Worker positions as an adjunct to the Baby Love, Maternity Care coordination Program. BACKGROUND: The Health Department's community Diagnosis has recognized the inadequacy of prenatal care as a high priority problem for several years. Outreach workers have been seen as a potential resource to assure that more pregnant women will take advantage of the prenatal services available both at the Health Department and at the orange Chatham comprehensive Health services (occHS). In fact, in the 1991 -92 budget request, the Health Department sought a half -time position to assist in outreach in the maternal health program. Funds were not available to establish this position. Subsequently, the Division of Maternal and Child Health has received a grant from the Kate B. Reynolds Health Care Trust to provide local health departments and /or primary health care programs, such as OCCHS, with funds to establish Maternal outreach Worker (MOW) positions. The guidelines structured the application process very finely. Full -time equivalent positions and the dollar amounts to be requested were constrained by the number of Medicaid births in the respective county during fiscal year 1990- 91. Based upon this, Orange county is eligible to apply for two positions. The role of the MOW is essentially two -fold: 1) Community outreach and education activities to include case finding and referral of eligible women and infants to needed services (25 %); and 2) Intensive maternal and infant support services for an identified caseload (75 %). 2 Health Department and occHS staff have jointly attended the training for the completion of this application and have agreed that the Health Department should seek funding for both positions available to orange County, with one position collaborating closely with OCCHS. Therefore, the Health Department is proposing that two positions, at the level of a Community Health Assistant, be added to the Health Department list of approved positions by the commissioners should the application be successful. These positions would be time - limited and tied to available funding through the grant. It is not expected that any county funds would be .required for this project. The grant period is for five years with years four and five contingent on an evaluation of year three. There is a provision for annual salary increases of 5% and the grant amount allows for salary and fringes, MOW travel expenses and project participant transportation. In addition, we have recently been notified that funds budgeted for salaries and fringe benefits which are unexpended between January 1, 1992, and March 31, 1992, may be used to support one -time project expenses such as desks, chairs, file cabinets and telephones. RECOMMENDATION(S): The Manager recommends that the Board of commissioners accept the grant award, and establish two, time - limited, Maternal outreach Worker positions which would be tied to available funding through the grant, and account for the program funds through a grant project ordinance. 3 North Carolina Department of Environment, Health, and Natural Resources Division of Maternal and Child Health P.O. Box 27687 • Raleigh, North Carolina 27611 -7687 James G. Martin, Governor January 8, 1992 Ann F Wolfe, M.D., M.P.H. William W. Cobey, Jr., Secretary Director Mr. Daniel B. Reimer, Health Director Orange County Health Department 300 West Tryon Street Hillsborough, North Carolina. 27278 Dear Dan: I am pleased to announce that the orange County Health Department will receive $23,016 to provide additional support services to pregnant women and high risk newborns. Funding for this project is from the Kate B. Reynolds Health Care Trust and the North Carolina Medical Assistance Program. The additional 2 outreach workers supported by this grant will complement the efforts of local Baby Lave Program staff. The staff of the Division of Maternal and Child Health, Wcmen's Health Section, will contact you within the next several days to confirm this award. I congratulate you on your initiative and look forward to the successful implementation of this project. Sincerely, Ann F. Wolfe, M. ., M.P.H. A'l W /JIB /mf cc: Women's Health Section C9hange County 54edth Tl epoomeht Daniel B. Reimer, MPH, Director ENVIRONMENTAL HEALTH DIVISION n/ P.O. Box 8181, 3O6C Revere Road oon�r ANIMAL CONTROL DIVISION P,O. Sox 8181, 304 Revere Road Hillsborough, N.C. 27278 1; tea' HILLSBOROUGH CHAPEL HILL hb a° MESANE (919) 732 -8181 (919) 967.9251 '14 e'ro\% (919) 227.2032 MEMORANDUM 4 PERSONAL HEALTH DIVISION DENTAL HEALTH DIVISION P.O. Box 8181, 300 W, Tryon St. Hillsborough, N.C. 27278 T0: Ms. Marcia Roth FROM: Daniel B- Reimer, Health Director DATE: November 26, 1991 RE: Application for the Maternal and Infant Outreach Project Grant Attached is our application for the Maternal and Infant Outreach Project Grant'. We are requesting funding for two (2) MOW's: one to carry a caseload in the southern part of Orange County and the second to carry a caseload in the northern part - each very separate and distinct communities. Our plan for the program provides a unique opportunity for interagency collaboration among a local health department, a community health center, and a tertiary care center. We are very excited about the potential opportunity to offer this program to Orange County women who qualify and look forward to a favorable evaluation of our application. SOUTHERN ORANGE OFFICE: Carr Mill Mall. Suite 225, 100 N. Greensboro St., Carrboro, N.C. 27510, (919) 968.2022 DURHAM (919) 688.7333 APPLICATION MATERNAL AND INFANT OUTREACH PROJECT Department of Environment, Health and Natural Resources Division of Maternal and Child Health Applicant Agency. ORANGE COUNTY HEALTH DEPARTMENT Telephone Number. ( 91 � 732-8181 County. ORANGE "txz . D Daniel B. Reimer P ject Director. Eileen C. Kugler 1. BUDGET JUSTIFICATION a. Medicaid births in the county during FY 1991 (Refer to Attachment II.) 5 b. Using your response to question a. and the chart below, determine the number of full time equivalencies you can justify and the corresponding level of funding requested. #FTE(s) 2 Amount Requested $ 46,032 Maternal Outreach Worker # Medicaid Births # Families Served Amount * Frill Time Equivalency (FTE) During FY 1991 Annually by MOW (s) Requested 112 [125 25 $ 11,508 1 125 50 $ 23,016 2 250 100 46,032 3 375 150 69,048 4 500 200 92,064 c. Identify the name and title of the person who will be designated as the supervisor for the Baby hove MOW (s) . (If a new position will be established to handle these functions, please indicate as such.) Name of Person Supervising MOW(5)Lynne Mason, MSW Carla Weinteld,MSW,MPF Title of Person Supervising MOW(s)Pub zc Health Social Perinatal Prog . Coon Work Uoordinator/MCC MCC d. As a aandition of this grant, the local p=ject agency will provide .15 full time equivalency (FTE) of a supervisor per each Baby Love MOW. Using the chart below, indicate the extent of your required in -kind contribution of supervisory time for this project. (Please note that this must be cansistent with the number of Baby Love Maternal Outreach Worker positions requested in question 1 b.) Supervisor Full Time Equivalency . 3 0 Approximate # Hours /Week 12 # of Maternal Outreach Supervisor Full Time Approximate # Workers Requested Equivalency (FTE) Hours /Week 1/2 .15 6 1 .15 6 2 .3 0 12 3 .45 18 4 .60 24 *Includes salary, fringe, MOW travel, and transportation far project participants. This represents the annualized amount, half of which will be awarded for the period January 1 - June 30, 1992. 6 2. DESCRIBE YOUR MCC AND CSC PROGRAMS AS THEY CURRENTLY EXIST. Maternity Care Coordination (MCC) Maternity Care Coordination services are provided by two different agencies in-orange County, Orange County Health Department (OCHD) and orange Chatham Comprehensive Health Services (OCCHS). OCCHS, a community health center, has 1.2 FTE MCC's and currently provides MCC services to 100 pregnant women, 75 of which are receiving medicaid. In CY 1990 OCCHS had 186 prenatal clients, 170 of which were from orange county. oCCHS provides care coordination for all of their prenatal clients regardless of medicaid eligibility. After extreme difficulties in obtaining qualified staff for the MCC program, OCHD was able to reestablish MCC services for prenatal clinic clients at its Hillsborough clinic and to offer, for the first time, MCC services to Medicaid eligible Orange County residents receiving prenatal care at the University of North Carolina Hospitals, prenatal clinic. Services were begun in both locations in September 1991. OCHD has 1.5 FTE MCC's, and caseloads are 35 in Hillsborough and 35 at UNC Hospitals at this time. OCHD provided prenatal care to 165 new prenatal clients in FY 90 -91, the majority of which were medicaid eligible. it is projected that there are 120 medicaid eligible orange county residents receiving prenatal care at UNC Hospitals. OCHD, OCCHS and UNc Hospitals are the only medical providers in orange County who provide prenatal care to medicaid recipients. with the availability of MCC services at all three prenatal care sites, a local health department, a community health center, and a tertiary care center, the goal is to enroll all medicaid eligible pregnant women into Maternity Care Coordination services. (There were 269 medicaid births in FY 90 -91 in orange County.) The MCCS employed by both OCCHS and OCHD are master's degree level social workers. The MCC's at OCCHS provide care coordination to all their prenatal clients and OCHD is currently targeting all medicaid eligible women. The MCC's at both OCCHS and OCHD are part of a multidisciplinary team whose services are integrated into clients' clinic visits. The MCCs at both locations work closely with the Child service coordination (csc) Program, often identi- fying and initiating csc referrals on eligible infants prior to delivery. Child Service Coordination. (CSC) OCHD is the local coordinative agency for CSC Services in orange County and is a direct provider of CSC. There are 7 nursing positions and 1 social war}: position that allocate time to the CSC broaram. In FY 90 -91 OCHD served 131 clients through the CSC Program and the OCHD is currently serving 110 clients. The CSC Program receives referrals from area hospitals (primarily UNC 2 VI Hospitals), OCCHS, OCHD's maternity and child health clinics and the community. After receipt of referrals, a CSC-is assigned and initial contact is usually made within 2 weeks. OCHD is adding additional staff time to the CSC program to accommo- date the increased demand for CSC services. The social work coordinator on staff at OCHD is available for consultation for CSC cases with difficult psychosocial problems and and will be able to assume primary responsibility of supervising the Mow assigned to CSC cases. 3. DESCRIBE YOUR PLANS FOR IMPLEMENTING THE MATERNAL OUTREACH PROJECT. A. The MCCs at oCCHS, UNC Hospitals and OCHD will identify and refer eligible women to the Maternal outreach worker (MOW) via the project supervisors. see #5 for information on the identi- .- fication /referral process. In addition the Mows will advise the project supervisors of pregnant women needing MCC services and /or needing more intensive services that the MOW can pro- vide. Through the Mows, outreach work in the orange County communities the following goals hope to be realized: 1. To increase the communities awareness of the importance of early and continuous prenatal care services; 2. To increase early enrollment (1st trimester entry) into prenatal care; 3. To decrease the incidence of unplanned pregnancies with the appropriate use of family planning and pre- conception services; 4. To increase MCC enrollment due to MOWs getting more pregnant women into prenatal care. in addition, as the Mows would be able to provide more intensive support and reinforcement to women identified as having special needs the following goals hope to be realized: 1. To decrease "extra,, MCC /CSC contacts by shifting what MCCs and CSCs currently do (but what an MOW could do) to an MOW thereby increasing the MCC and Csc services; 2. To increase time MCC and CSC has available for patient care, thereby increasing the MCC•s and CSC's ability to more effectively manage current caseload and to Potentially carry an increased caseload; 3. To increase the continuous support and reinforcement needed by some women thereby resulting in more positive pregnancy outcomes, enhanced parenting experiences, improved problem solving skills and more stable social support systems. 3 8 All MCC referrals for an Mow will go to one of the project supervisors for assignment. cases will be assigned by the project supervisor to the Mows based on the caseload guide - lines established by the project. once the Mow reaches the maximum targeted caseload for a.1 given year, no new referrals will be assigned unless an MOW client withdraws from the program. Though some clients may not be able to take advan- tage of more intensive services because of the limits on case- load size, it is important to restrict the caseload size of Mows such that project goals can be accomplished. The un served population could be used as a control group when evaluating the MOW project. The mow will be an integral part of the maternity.care team. After a referral is assigned to an Mow, the involved MCC and MOW will jointly develop an MOW care plan, clearly specify- ing roles /responsibilities of the MCC and the MOW. The MCC and the MOW will review and amend care plans on a regular (specified) basis. The Mow will offer continuity between MCC and CSC. After delivery the MCC, the MOW and the CSC will have a case conference to plan for the transition from MCC to CSC. The Mow will accompany the Csc on the first CSC home visit. The CSC and the Mow will jointly develop a post delivery Mow care plan, clearly specifying roles/responsibi- lities of the Csc and the MOW. The Csc and the Mow will review and .amend care plans on a regular (specified) basis. B. Mows will be assigned based on geographic location of the individual being referred. Mows will be assigned geographi- cally in order for them to work effectively within the designated communities. One Mow will serve the northern part of orange county and will be accountable to the project supervisor at OCHD. The other Mow will serve the southern part of orange county and will be accountable to the project supervisor at OCCHS. Caseloads will be monitored between the two supervisors to insure that the caseloads remain equiva- lent. There will be joint staff meetings and staff develop- ment for all Orange County MCCs and Mows on a monthly basis. After delivery and once Csc is involved the project supervisor at OCHD will assume supersory responsibilities of the Mow since the CSC Program operates out of the OCAD. orange county has a unique make -up of distinct and separate urban and rural areas. The southern part of the county comprised primarily of chapel Hill and carrboro is urban, while the northern part is a rural farming area. The two communities are very different in terms of needs of resources, and the way each view itself in relation to the other. it is for this reason that we elan to assign one MOW to the southern area and one to the northern and plan to recruit workers who will be a good match for each community. 4 9 4. DESCRIBE YOUR PLAN FOR PROVIDING SUPERVISION TO AND COORDINATION OF THE BABY LOVE MATERNAL OUTREACH PROJECT. The Maternal Outreach Project is a collaborative effort between OCCHS and OCHD, the, two agencies offering MCC services to orange County residents.- The program provides an excellent and unique opportunity for true interagency collaboration among three agencies in the county offering prenatal health care in different types of settings: UNC Hospitals, a tertiary care center; OCCHS, a community health center; and OCHD, a local health department. While the MOWs would be OCHD employees, they would be available to provide services to clients from all three health care settings. one MOW would be based at OCHD in Hillsborough to cover the north- ern part of Orange County and the other MOW would be based at OCCHS in Carrboro to cover the southern part of Orange County. (see Section 3.B.) The Public Health social Work coordinator at OCHD and the Perinatal Program Coordinator at OCCHS will jointly coordinate the project a-nd divide supervisory responsibilities. Supervisory responsi- bilities will be divided equally except for agency specific orien- tation /information that will be provided by the supervisor from the appropriate agency. The project supervisors will plan joint staff meetings and staff development. After delivery and once CSC is in- volved, the Public Health social work Coordinator will assume supervisory responsibilities. The two project supervisors will assume the administrative responsibilities including regular meet- ings with MOWs, and individual MCC and CScs will provide direct case supervision. Individual MCCs and CScs will be responsible for the development and implementation of the MOW service plan, with the project supervisors available for back up and case consulta- tion. 5. DESCRIBE YOUR PROPOSED TARGET POPULATION TO RECEIVE INTENSIVE BABY LOVE MATERNAL OUTREACH WORKER SERVICES. The target population for the MOW includes clients faced with severe psychosocial problems including: 1. Substance abuse during pregnancy. 2. Violence in the home. 3. Chronically dysfunctional families (those with history of mental disabilities, those constantly in a crisis and /or those with extremely unstable financial and emotional support. 4. History of parenting difficulties including prior history of abuse /neglect of their other children. 5. Pregnant teens (less than 18 years) with one or more of the above psychosocial problems. 5 10 Review of current MCC cases in all three health care agencies identified at least one of the above problems in over 50% of MCC cases. in many cases more than one problem was identified. women faced with these identified problems are the population that re- quires more intensive services requiring additional MCC /CSC con- tacts which.include'MCCs /CSCs providing services that an mow could handle. In additional most of the needed services are not avail- able through existing programs. Not all women with one of the above problems will require more intensive services as they will respond to interventions offered through case management or are already linked to needed resources and services. However, of the 50% identified, through review of MCC cases, roughly half of those identified require intensive services, which is consistent with the experience of MCCs state wide. In order to accurately identify and refer women in need of Mow services; a guideline for MOW referrals will be established. MCCs w1 ?. identify problems during the initial psychosocial assessment and subsequent contacts with MCCs making MOW referrals in a timely manner after identification of a problem, but prior to 28 weeks gestation. The Mow referral must include at least one of the tar- geted problems and must specifically indicate that intensive ser- vices /follow up are needed. The established guidelines will serve more as a method to target and prioritize the most difficult cases but will allow some discretion based on specific situations. service plans developed by MCCs /CSCs and Mows will involve working closely with community agencies. service plans will integrate accessing specific resources and services provided in the community. In addition the use of volunteers will be incorporated as needed (such as having a recovering substance abuser meet with a pregnant substance abuser, utilizing other natural helpers, and utilizing peer counseling services available in the community). 6. DESCRIBE YOUR PLAN FOR INVOLVING THE COMMUNITY AND OTHER PROVIDER AGENCIES IN THIS PROJECT. The orange county Health Department (OCHD) has previous experience organizing advisory councils for our Family Planning Program and our "In the Know" Minority Aids Education Project which is a program using the lay advisor (Natural Helper) approach to reach minority teens. The program utilizes teen and adult Natural Helpers. As the coordinative agency for the Child service Coordination Program, the department is also an active participant in the local orange county Preschool Interagency Committee as well as the interagency consortium for P.L. 99 -457. we are also involved in several other interagency efforts. As a result there is already a strong interagency network in the County. Community involvement for this project would be obtained throuch the establishment of a Maternal and Infant outreach Project Advisory Group. The advisory group would be modeled after the above mentioned councils and draw from our established networks in 6 11 the county. The plan for developing the group is as follows: Since this is a collaborative effort between OCHD and OCCHS, representatives from these two agencies will develop a list of health and human service agencies (i.e. DSS, Mental Health, Cooperative - Extension, UNC Hospitals, local providers, etc.) and other community organizations (i.e. churches, local businesses, civic clubs, etc.) from which participation will be sought. Agency heads will be contacted, the program explained, and participation by them or someone they designate requested. In addition both formal and informal community leaders will be sought out for their participation. An effort will also be made to include representation from the target population on the group. It is anticipated that the group will meet at least twice a year, more often if necessary, to provide overall advice and consultation about the program to OCHD and OCCHS. It is also anticipated that this involvement on the part of the community will engender support for the program and enhance interagency coordination and collaboration efforts. (It is hoped that this group will provide the nucleus for a Coalition for the Prevention of Infant Mortality and Morbidity in Orange County.) 7. DESCRIBE YOUR PLAN FOR GAINING INPUT FROM THE PROJECT PARTICIPANTS AND OTHER MEMBERS OF THE TARGET POPULATION. At designated intervals, structured input about the program will be obtained verbally by MCC's and CSC's during their regular contacts with program participants. A structured "interview tool" will be developed by the project supervisors for use by MCC's and CSC's so that there will be consistency in the information solicited. It is anticipated at this time that this information will be obtained on a quarterly basis. In addition a different "interview tool" will be developed to obtain information from MCC clients who are members of the target population but are not served by an Mow. Information from both sources will be used as input for overall program modifications. The information obtained from program participants will also be used to modify individual service plans. 8. DESCRIBE THE IDENTIFICATION /SELECTION PROCESS THAT YOU PROPOSE TO USE FOR FIRING THE BABY LOVE MATERNAL OUTREACH WORKER(S). Because of the special nature of these positions, we have explained the unique requirements for identification and selection to the Orange County Personnel Department and have sought their consultation and guidance on this matter. The process will be as follows: Since the Mows will be orange county employees, the recruitment and selection requirements as set forth in the orange County Personnel ordinance will need to be followed. Basically this means that the positions will to be posted in the Personnel Department, as well as, with the Employment Security Commission and a minimum amount off advertising will need zo be done. This advertising can be done in targeted publications such as minority 7 12 and local community newspapers. we will also use our established network of agency and community and church leader contacts in addition to our own Natural Helpers to assist us in identifying people who may be well - suited to working as an MOW. we will also solicit input from the staffs of OCHD, OCCHS, and DSS as they may have knowledge, through their clinic and community contacts, of past or current clients or others who have the characteristics we will be seeking in an Mow. we may send letters to our community contacts informing them of the program and asking their assistance in the identification of candidates for the positions, and this may be followed by a personal contact. These contacts may also encourage people they know to apply. we may also directly contact individuals we know of, or staff may do this, and encourage them to apply for the Mow positions. Applicants will complete an orange County Employment Application. in addition, because the unique characteristics and qualities ,i.e. those listed in the Mow job description included with the grant application) we are seeking in potential candidates may be difficult to reflect on a standard job application, it may be necessary for each candidate to also fill out an addendum to the application. once our Personnel Department classifies the positions, if an addendum is determined to be necessary, it will be developed by us in conjunction with the Personnel Department and will provide the additional information necessary to screen the applications. When all applications have been received, they will be screened by the Personnel Department and those that meet the minimum qualifications, as set forth in the job description, will be identified. At this point the supervisors and the project director will meet with the Personnel Analyst to review these applications for the additional job related characteristics and select the better qualified candidates for interviews. The interviews will be conducted by the supervisors jointly and the best qualified candidates selected. 8 r' BABY LOVE MATERNAL AND INFANT OUTREACH PROJECT STATEMENT OF ASSURANCE (Name of Agency) 13 agrees to meet the following as a condition -for receiving Baby Love Maternal and Infarct Outreach Project funds from the Division of Maternal and Child Health: (1) Beginning on January 1, 1992 the local project agency will commence with project implementation. (2) By March 31, 1992 the Baby Love MOW(s) will be hired. (3) During April 1992 the Baby Love MOW (s) and .local supervisor will participate in the basic training program provided by the Division. (4) By June 30, 1992 each Baby Love Maternal Outreach Worker will have developed a caseload of 20 -30 at -risk pregnant women (who have had MOW services initiated prior to their 28th week of pregnancy) . (5) By July 15, 1993 the first semiannual report will be submitted. (6) By December 31, 1992 each Baby Love Maternal Outreach Worker will have developed a case load Of 45 -50 families (consisting of pregnant women and maternal /infant Pi's) - (7) By January 15, 1993 the second semiannual report will be submitted. (Signature of Agency Director) (Signature of Fiscal Agent) 11/25/91 (Date) (Date) r ORANGE- CHATHAM COMPREHENSIVE HEALTH SERVICES, INC. P. O. BOX 339, 400 ROSE RSON 5T. " ..� CARRBORO, NORTH CAROLINA 27510 M E M O R A N D U M To: Dan Reimer, Health Director From: Moses Carey, Jr. � kecutive Director Date: November 21, 1991` 14 TELEPHONE. 919. 942.8741 Subject: Inter -- Agency Agreement for Maternal Outreach Worker Proposal OCCHS has been an active participant in developing the MOW proposal being submitted by Orange County Health Department and fully supports'plans for implementation. Maternity Care Coordinators from the Carrboro center assisted in developing the proposal which requests two full -time MOW positions. I am in agreement that both MOWIs will be health department employees but one will be out stationed at our Carrboro Health Center. This proposal provides an excellent opportunity for inter- agency coordination which will enhance our ability to provide comprehensive health services for mothers and children in Orange County. ORANGE - PERSON - CHATHAM MENTAL HEALTH. MENTAL RETARDATION AND SUBSTANCE ABUSE AUTHORITY Family Counseling Center 300 West Tryon Street Hillsborough, NC 27278 November 26., 1991, Mr. Dan Reimer, Director Department of Public Health Orange County 300 W. Tryon Street Hillsborough, NC 27278 Dear Dan: ]5 A• """* L Z� Telephone 919.732 -9361. ext. 520 • I was pleased to hear the Health Department has applied for a grant to support a maternal and infant outreach project. Community - based services for at -risk mothers are greatly needed in Orange County which, despite its relative, wealth, has a high number of young women who are prone to use dangerous drugs and otherwise harm their newborn and infant children. Lynn Mason, your department's social work coordinator, and I made a home visit just today to visit a mutual client named Tammy. Though she is eager to be a good parent, Tammy is of borderline intelligence and has smoked and drunk alcohol throughout her pregnancy. Her explosive temper and limited understanding of a baby's behavior make her, unfortunately, a likely abuser of a baby. With the support of home visits by a trained counselor to offer guidance and practical help, her potential for avoiding intervention for abuse or neglect is much greater. Your concept of this preventive, home- and community -based approach is exciting and innovative. The addition of this position will provide an outstanding means to help our clients and yours with their parenting. I look forward to further collaboration. PF /pbt Y,ouxs Truly, Peter Framer, MSW Substance Abuse Counselor Created Under The Provisions of N.C. General Statute 1220 -117 16� The school of Medicine Department of Obetctric.q & 05recolo&y Division of Matertai d: Fetal %ledie;re THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL T,hc Univcretiry of,erth CmNna at Chapel Hilt CB# 7570, 21e M"Nider Building November 25, 1991 ChaNl HM, N.C. 27599 -7570 Mr. Daniel Rimer Director Orange County Health Department 300 West Tryon Street Hillsborough, NC 27278 Re: Maternal Outreach Project Dear Mr. Rimer: The UNC Hospitals and the Department of Obstetrics & Gynecology at the University of North Carolina School of Medicine in Chapel Hill are delighted to support the Orange County Health Depamnent's Maternal Outreach Project. The Orange County Health Department represents an outstanding example of serving populations -in -need rather than agencies themselves. Over the last several years, you have worked aggressively to enrich services in Orange County through collaboration with other providers of publicly sponsored care, including the OCCH clinics and UNC Hospitals. This project offers another example of your commitment. Through the proposed Maternal Outreach. Project, women who are likely to be the most distrusting of health care will be given the opportunity to develop relationships of trust with the health care system. By utilizing home health services, continuity in the care. coordination relationship and continuing care through the cycle of childbearing, early child- rearing, -and interconceptional decision - making, the opportunity exists to empower some of our most at risk population so that they can enjoy the healthiest pregnancies and infancies possible. You and your staff are to be commended for your vision, interagency Cooperations. and non - traditional approach to maternity care. Representing my department, I am pleased to -Pledge our support to another outstanding ender. Sincerely, Merry- . oos, FNP, MPH Rem arch Assistant Professor MK1VV1n W 17 &MIF Emmfg PrFutmid of *vrW *r*es P. O. BOX 8181, 300 W. TRYON STREET HILLSBOROUGH, NORTH CAROLINA 27278 410 CALDWELL STREET CHAPEL HILL, NORTH CAROLINA 77516 DIRECTOR; Martha Pryor -Cook Mr. Dan Reimer, Director Health Department 300 W. Tryon St. Hills4barough, NC 27278 Dear Mr. Reimer: TELEPHONE: HILLSBOROUGH OFFICE 968 -4501, 967 -9251 HILLSBOROUGH OFFICE 732.9361. 732 -8181 November 25, 19 91 CHAPEL HILL OFFICE 968 -2000 I am writing to express my support for your application for the Baby Love Maternal and Infant Outreach Project Grant. It is my understanding that you will be requesting funds for two maternal outreach workers who would be able to provide intensive services and support to women during the pre -natal period and through the child's first year of life. Given the social, economic and geographical composition of this county,. it will be essential to have at least two outreach worker's, one assigned to the southern and one to the northern part of the county. I believe this is an ideal county to demonstrate the potential effectiveness of such services. The level of interagency- support and cooperation that exists will assist this effort in achieving a successful outcome for the mothers and children involved. Additionally, input from various disciplines will enable these workers to use innovative approaches in their work. Also this project would bring together a tertiary care center, a health department, and a community health center working cooperatively with the identified client population. I have had much experience in the past using paraprofessionals to enhance services provided to families and children. I strongly believe in the merits of this approach and have found that paraprofessionals can greatly increase the chances for a successful outcome for clients. Page 2 -- Letter to D. Reimer ill, 25.191 Z fully support your application for this grant and would be pleased to provide any additional information you might require. Sincerely, Denise C. Shaffer Services Director i Martha Pryor- o Director DCS:MPC:jj ltd O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 Agenda Abstract Item # = B SUBJECT: RESPONSE TO PENDING NPDES APPLICATIONS DEPARTMENT: Planning PUBLIC HEARING: Yes —X —No ATTACHMENT(S): INFORMATION CONTACT: Draft NPDES Permits Planning Director X2592 County Engineer 1/10/92 Memo Draft Letter to NCDEM PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To consider a proposed response to applications for NPDES permits from the N.C. Division of Environmental Management. BACKGROUND: Orange County was notified recently by the N.C. Division of Environmental Management (NCDEM) that it had received applications for National Pollutant Discharge Elimination System (NPDES) permits from Martin - Marietta Aggregates and M.M. Fowler, Inc. The Martin - Marietta application is for the purpose of discharging wastewater from the quarry on N.C. Highway 54 to Phils. Creek. The M.M. Fowler, Inc. application is for the purpose of discharging wastewater from a treatment facility at Hurley's I -85 Gulf (BP) Station on N.C. Highway 86. Copies of the draft permits were obtained from NCDEM on January 6, 1992. Subsequently, the County Engineer spoke with a NCDEM representative about the proposals. The attached January 10, 1992 memorandum from the County Engineer provides more detailed information than available in the draft hermits. Comments concerning the pending applications must be submitted to NCDEM no later than January 23, 1992. Given the limited amount of time available, adequate staff review could not be undertaken and recommendations prepared for the Board's consideration. In addition, the location of the Martin - Marietta facility in University Lake Watershed and the Joint Planning Area suggests that 2 comment be obtained from the Towns of Chapel Hill and Carrboro, and OWASA. Furthermore, the location of Hurley's I -85 Gulf Service in the Eno River Watershed and the Town of Hillsborough zoning jurisdiction suggests that the Town may wish to comment on the proposal. NCDEM is authorized to conduct public hearings on such applications, and a public hearing may be the best format for the presentation of comments by concerned parties. A letter has been prepared for the Chair's signature, requesting that additional time be provided for local review and that a public hearing be held on both applications. If the Board approves of this procedure, the letter can be provided to NCDEM on January 22, 1992, one day before the comment deadline. NCDEM has been notified that the Board will consider this matter tonight and asked to send a representative to the meeting if the agency does not intend to honor the Board's request. RECOMMENDATION: The Administration recommends that the Chair be authorized to sign the attached letter to NCDEM. if this course of action is approved, NCDEM will be called on January 22 and told that a FAX of the letter is being sent to them and mailed that day. Post -V brand fax transmittal memo 7671 0 of . 9 To 1 t j r� 41 1 Fron� 141 1 rt Ian e- M- Dept. Fla►.,►.,iWN Pnonggtct /73'5 ^50 63 Fex 0 42j t q� dr Permit No. NC0077046 i CAROLINA L H, AND NATURAL RESOURCES VTAL MANAGEMENT TO DISCHARGE WASTEWATER UNDER THE \ • • 'A d111110 ��w •\ U In compliance with the provision of North Carolina Gen-ral Statute 143 - 215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act. as amended. Martin - Marietta Aggregates is hereby authorized to discharge wastewater from, a facility located at Chapel Hill Quarry NCSR 1104 West of Chapel Hill Qrahge County to receiving waters designated as Phils Creek in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, and iiI hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on March 31, 1996 Signed this day George T. Everett, Director Division of Environmental Management By Authority of the EnvironmenM1 Management Commission d. Permit No. NC0077046 SUPPLEMENT TO PERMIT COVER SHEET Martin - Marietta Aggregates is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into Phils Creek, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a variable flow MGD wastewater treatment facility located at Chapel Hill Quarry, NCSR 1104, West of Chapel Hill, Orange County (See Part III of this Permit), and Q. Discharge from said treatment works at the Location specified on the attached map into Phils Creek which is classified class WS -T NSW waters in the Cape Fear River Basin. rrrcN- Cr 61 N. J .7 Lj - 7 NA arc A. L Ij -77 jr F; I n75 SC7.. F; I n75 SC7.. 0 N r u - O « g QD rs u h AS - � .U.L 0 C � C G • � a v. • GS CV n• ca p r C L bD C ' •� c � •�_.� � .., c a a um r C y U _ U CJ •rr Q y co� .a .� ,� � •a a � � c c y R y U C R. Gar v co .co 'S r° r A a � = �' � ^r [V "��•+ own r; .o � '= s m w r N r u Permit ' o. NCO080$45 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE In compliance with the provision of North Carolina General Statute 143 - 215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, M. M. Fowler, Inc, is herebv authorized to discharge wastewater from a facility located at Hurlev's 1 -85 Gulf Station RTC Hichway 85 south of Hillsborough Orange County to receiving waters designamd as an unnamed tributary to Cates Creek in the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, and 112 hereof. This permit shall become effeedve This permit and the authorization to discharge shall expire at midnight on April 30, 1993 Signed this day George T. Eve, --tt. Director Division of F ri onmental Managcment By Authority of the Environmental Management Commission Permit No. NC0080845 M. M. Fowler, Inc. is hereby authorized to: 1. Make an outlet to an unnamed tributary to Cates Creek from facilities located at Hurley's I -85 Gulf Station, NC Highway 85, south of Hillsborough, Orange County (See Pan III of this Permit), and 2. After receiving an Authorization to Construct from the Division of Environmental Management, install treatment facilities for groundwater remediation, and �. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Cates Creek which is classified Class C -NSW waters in the Neuse River Basin, I • F K: I m ^ 5� M mare 16 �11k- =M, CF- Jo 72 Water t zi I SCo RARGE POI C7 -Traiiex ZZ- c;r iras arc , No Park, nl. 055 —7— wv .2 K - 767 Nzl�, "ju V 624 7 2t, kill, lo c cz E in in o w w u] ur u, w w w in 0 J v CD oz ..a 1pz r� fn _ 6E1 m 7 c }+r7+ }+ ?+ .•+ .1v U a•. C= p�_ C o C CJ v ^C Fit U � C Q. Q Q C1 ' Q � •� � vG cn ` .V � � � � C q C.fi r :, v: •r. •� ri � � Q O 0 0 ^ _ N tv C r- _ Ce33 y z C G L z o rr' c C�7 G^ r ,ter � � . V � � '� � q . � • � _U CD �s CD v m -n m � U � •7F � v 1.1 Part III Permit No. NC0080845 D Chronic Toxicity Pass/Fail Permit Limit (Quarterly) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 90% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of November, February, May, and August. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -1) for the month in which it was performed, using the parameter code TGP, -B. Additionally, DEM Form AT -1 (original) is to be sent to the following address: Attention. Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose /response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements o: limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will reo-uire immediate mtesting(within 30 bays of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. E. Organics/Lead Testing Requirement Monitor the following chemicals on a quarterly basis to coincide with toxicity_ testing: Benzene, Toluene, Ethylbenzene, Xylene(s), Methyl ten -butyl ether (MTBE), and Lead. For BTEX compounds, a 1 ppb or better detection level must be used. If the facility fails the whole effluent toxicity tests, additional limits may be placed on the afforementioned chemicals. 12 INTERDEPARTMENTAL MEMORANDUM TO: Marvin Collins, Planning Director Mary Scarbo. Planner III Jim Hinkley, Environmental Planner FROM: Paul Thames, County Engine DATE: January 10, 1992 SUBJECT: NC Environmental Management Commission public notice of intent to issue NPDES permits in Hillsborough and University Lake watershed Pursuant to our discussion of the above referenced NPDES permits on 1/9/92, I spoke with Tim Donnelly of the NC Division of Environmental Management (DEM) to get additional information on this issue. Insofar as the discharge containing petroleum byproducts from Hurley's service station in Hillsborough. I learned that DEM considers the proposed discharge to be the best solution to a bad problem. Over a year ago. Hurley's was found to have a serious leak in a fuel storage tank which. over the period of a month or more, was determined to have discharged over a thousand gallons of virgin petroleum product into and below the surface of the ground. The fuel leaked into the groundwater in the area east of the service station and into an intermittent stream which eventually discharges into Cates Creek just upstream of confluence of Cates Creek with the.Eno River. The proposed discharge is'the treated end product of a groundwater mitigation process. In this mitigation process. the contaminated groundwater is pumped out of the ground and into tractor - trailer mounted treatment system containing charcoal filtration and air stripping processes which serve to remove the vast majority of petroleum byproducts from the water. The treated water is then discharged to the stream in a process which is anticipated to take several years. There are two other potential alternatives to the proposed stream discharge. One alternative is to discharge the treated water into Hillsborough's waste treatment plant. DEM actually preferred this method, but Hillsborough has indicated that it currently has pretreatment problems at its waste plant and would prefer to avoid any additional problems which might be caused by accepting petroleum contaminated water. A second alternative would be to store the treated water in drums and periodically take the water to either Durham or OWASA for s ]. 3 discharge into one of those waste treatment facilities. This alternative would obviously be very expensive. DEM believes that the proposed process for treatment and discharge represents the best available treatment technology, is economically feasible, will not cause irreparable harm to any of the receiving waters and. most importantly,'cleans up the groundwater problem. From an environmental standpoint, the mitigation of the groundwater is very important. because people drink groundwater with.no water treatment (unlike surface water supplies which are treated), because groundwater problems do not naturally tend to mitigate themselves (unlike single instance spills in surface waters), and because groundwater problems are more difficult to mitigate than surface water problems. I believe that DEM would support a public hearing on this permit as a public education process dealing with the seriousness and problems of a groundwater contamination problem, but I do not believe that DEM or the EMC will be dissuaded from issuing this permit. The proposed discharge permit involving Martin - Marietta's discharge of surface water runoff and ground water which collect in its rock quarry pit into Phil's Creek and University Lake represents a much more difficult problem for Orange County and for DEM. It is my understanding that some respected members of DEM staff have recommended that this permit application be denied, because NPDES permits are not allowed in waters presently classified as WS -I. A major part of the present definition of the WS -I classification is that it contains no NPDES discharge. In all probability, the proposed Martin - Marietta discharge does not represent a serious threat to water quality, in that the objectionable components of the discharge would be limited to suspended fine rock particles which are anticipated from the mining and blasting operations. Two of the effluent parameters limited by the proposed permit are settleable solids and turbidity, which deal with solids suspended in the water and clarity of the water. Considering the probable lack of an organic component to the settleable material, it is-unlikely that even a major violation of these effluent standards would represent a serious water quality threat. One parameter that is specified and that does represent a potential water quality problem is pH. Excessively acidic or alkaline water represents at threat to plant and aquatic life in the receiving stream. Quarry operations have a potential for causing fluctuations in water pH because groun.dwaters or stormwater runoff which collect in the quarry pit are often exposed to limestone. which causes the water to become alkaline (high pH), or to acid bearing rock strata, which caused water to become acidic (low pH). Generally, I would have to classify the potential threat to water quality from pH problems to be of low probability. The most serious problem that I can see from the approval of this NPDES permit is one of precedent. The University Lake watershed is one which the County. Carrboro. Chapel Hill and OWASA have gone to great lengths to protect from every imaginable water quality threat. It appears to be somewhat inconsistent to acquiesce to this proposed discharge, even though the proposed new state - mandated watershed classifications and standards will probably allow this type of discharge. If and when the next application for an NPDES permit in University Lake is proposed. Orange County's position to deny the permit would not be as strong if it does not oppose this permit. If I may answer any questions or provide any additional information. please advise. 1.4 15 M M I ff V January 22, 1992 Dr. George T. Everett, Director N.C. Division of Environmental Management P.O. Box 27687 Raleigh, North Carolina 27611 --7687 Re: NPDES Permit Applications Dear Dr. Everett: Recently, Orange County received a request for comment on pending NPDES permit applications for M.M. Fowler, Inc. (Permit No. NC 0080845) and Martin - Marietta Aggregates (Permit No. NC 0077046). The deadline for submission of comments to your agency is January 23, 1992. Given the limited amount of time available, adequate staff review could not be undertaken and a recommended response prepared for the Board of Commissioners' consideration. In addition, the location of the Martin - Marietta facility in University Lake Watershed and the Orange County- Chapel Hill - Carrboro Joint Planning Area suggests that comment be obtained from the Towns and OWASA. Furthermore, the location of Hurley's I -85 Gulf Service in the Eno River Watershed and the Town of Hillsborough zoning jurisdiction suggests that the Town may wish to comment on the proposal as well. NCDEM is authorized to conduct public hearings on such applications, and a public hearing may be the best format for the presentation of comments by concerned parties. At the January 22, 1992 meeting of Board of Commissioners, I was authorized to request that Orange County be given additional time to review the applications. The Board of Commissioners further requests that no action be taken by your agency on these requests until a public hearing is conducted and local governments, utility providers, and concerned citizens are provided with an opportunity to comment on the proposals. Should you have questions concerning this request, please feel free to contact Paul Thames, the County Engineer, at 919/732 -8181, Extension 2303, or Marvin Collins, the Planning Director, at Extension 2592. Sincerely, Moses Carey, Jr., Chair Orange County Board of Commissioners 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. _V =- ACTION AGENDA ITEM ABSTRACT Meeting Date: JANUARY 21, 1991 SUBJECT: GOVERNMENT SERVICES CENTER NAME ---------------------------------------------- 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 officially name the new facility currently being constructed at the corner of Margaret Lane and Cameron Street, Hillsborough. BACKGROUND: On December 17, 1991, the Board was requested to consider possible names for the new facility. As you recall, a decision by January 31 regarding the official name will allow the precast to be constructed with the anchor bolt holes incorporated, thereby minimizing possible damage when the letters are attached. There seemed to be consensus that "Orange County Government Services Center ", or a similar general focus title would be preferred. In keeping with that line of thought, alternative suggestions were solicited from County staff, who support the proposed name, "Orange County Government Services Center ". RECOMMENDATION: The Manager recommends that the new building be titled "Orange County Government Services Center ". I O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 SUBJECT: Establish An Orange County Solid Waste Committee ( OCSWC) DEPARTMENT: Public Works ATTACHMENT(S): Resolution Charge to OCSWC Proposed OCSWC Agenda & schedule OCSWC Selection Criteria Letter to Community Leaders Application Form =61- )"Co'; I Dii 74 iyrA Action Agenda Item # Y-=--D Yes X No INFORMATION CONTACT: Wilbert McAdoo Ext. 2627 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To establish an Orange County Solid Waste Committee. BACKGROUND: The Board of County Commissioners requested at the December 17, 1991 meeting that staff develop a plan for establishment of a Solid Waste Committee for Orange County. The objectives of the committee will be as follows: To assist in developing an integrated Solid Waste Management Plan for unincorporated Orange County. The Plan will include the following: - Identification of means for compliance with State mandates regarding Solid Waste Management in unincorporated Orange County. - Identification of Solid Waste Collection Service to be provided as determined by citizen needs. - Identification of equitable financing for the chosen level of service. - Identification of means for garnering citizen support for and commitment to the plan. RECOMMENDATION: Manager recommends review and adoption of resolution and attached documents. ORANGE COUNTY SOLID WASTE COMMITTEE The Orange County Board of Commissioners is requesting than an Orange County Solid Waste Committee be formed to assist in the development of an integrated solid waste management plan for the County. Assistance by the Committee will facilitate citizen involvement in decision making regarding solid waste collection and the incorporation of measures to meet state goals for solid waste management... The following will assist the Commissioners and Staff in the formation of the Orange County Solid Waste Committee: * Resolution * Charge to Committee * Orange County Solid Waste Committee Selection Criteria * Orange County Solid Waste Committee -- Tentative Agenda * Letter to presidents of civic organizations, ministers, and other community leaders. * Application Form e, 2 t A RESOLUTION ESTABLISHING THE ORANGE COUNTY SOLID WASTE COMMITTEE WHEREAS, Orange County is investigating various alternatives for integrated solid waste management; and WHEREAS, a good solid waste management plan incorporates goals of the state and county as well As the provision of a satisfactory level of service to the citi ?ens of Orange County; and WHEREAS, citizen satisfaction with and commitment_ to a plan is enhanced by their understanding of and involvement in the creation of the plan; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the Commissioners hereby establish an Orange County solid Waste Committee to consist of members appointed by the governing body. BE IT FURTHER RESOLVED that the charge of the Conw-iittee shall be; * To identify a means for compliance with state mandates regarding solid waste management in unincorporated Orange County, * To identify solid waste collection service to be provided as determined by citizen needs, * To identify equitable financing for the chosen level of service, * To identify means for garnering citizen support for and commitment to a solid waste management plan. r 3 4 NAME OF ORGANIZATION - Orange County Solid WaSk.e Committee 7. CHARGE TO COMMITTEE To develop an integrated, solid waste management plan for unincorporated Orange County., . The plan will include the following: *' Identification of means for compliance with state mandates .regarding solid waste management in unincorporated Orange County. Areas 'to address in this effort include: - waste Reduction - Recycling - Composting - Restrictions on certain solid wastes going to the landfill * Identification of solid waste collection service to be provided as determined by citizen Weer]~. Areas to address in this effort include: - Current level of service - Means for compliance with state mandates - Identification of cit.izen needs * Identification of equitable financing for the chosen level of service. Areas to address in Lh-i s effort include: - Role of County - Role of Citizen - Role of L.O.G. * Identification of means for garnering citizen support for and commitment to the plan. Areas to address in this effort include: - Public education and information programs r" - Community outreach - civic organizations, Churches and businesses - Combining efforts with other 'jurisdirtions /agencies 6i PROPOSED ORANGE COUNTY SOLID WASTE COMMITTEE AGENDA The Grange County Solid Waste Comin.itt:ee will meet once a month for a twelve month period. Regular meetings will begin in March of 1992 and will run through March of 1993 after which the Committee will present recommendations to the Board of County Commissioners. Meeting times and da-1 -,es will be determined by the Committee at the first meeting. Two weeks prior too the first. meeting, Staff will supply each member with a notebook of all related information and articles. Members will be expected to read all information before the first meeting in order to be informed and further expedite the process. The following is a tentative agenda for the twelve meetings. Meetings will be divided into two phases. The first phase will involve research and study. The second phase will involve developing goals and objectives and identifying strategies. After the first meeting, the Committee will be divided into the following groups: 1. State Mandates and Means for Compliance - Identification and study of state mandates and means for compliance with those mandates. 2. Level of Service - Review current level of collection service in the County and resear.eh /discuss, ways to improve service. 3. Financing - Review current method of financing solid waste collection in the County and research /discuss ways to make it affordable and equitable. 4, Public Education - Identification of means for educating citizens and garnering their support, involvement and commitment. Plans are to have a set of recommendations to the Board of County Commissioners in the spring of 1993. PROPOSED SCHEDULE I. Advertising and Solicitation of Committee Members Mid - January through February 14, 1992 Press Releases Letters to Presidents of Civic Organizations, Ministers and other Community Leaders Letter to Applicant-and Application Form Brochure II. Selection of Committee Members by Board of'Count Commissioners. March 2 III. Phase I - Introduction.and Research r March - Meetinq 1 Introduction of committee members and staff. Discuss charge of committee and have committee malcn changes if necessary. Decide on meeting times and dates. Staff explain agenda and proceedings. Answer questions. Divide committee into groups and have groups each elect a member to serve as coordinator and chair of the group. April - Meetinq 2 Research and discussion among groups. Review findings at end of session with entire committee. May - Meeting 3 Research and discussion among groups. Review findings at end of session with entire committee. June - Meetinq 4 Research and discussion among groups. Review findings at end of session with entire committee. July - Meeting 5 Research and discussion among groups. Review.findings at end of session with entire committee. b August - Meeting G Final research and discussion a -mong gr.•ourS.. Review findings at end of session with entire cornnii.i-te(,. IV. Phase II -- St-rate Phase September - _Meeting 7 Begin develuLjing goals and objrcLives. October -- Meetina 8 Continue developing goals and objectives. November - Meetin 9 Begin developing strategies and a Plan of action. December -- Meetin 10 Continue developing strategies and elan of action. January, ]:993 - Meeting 11 Begin developing recommendations. February. - Meeting 1.2 Completion of recommendations. 7 ORANGE COUNTY SOLID WASTE COMMITTEE SELECTION CRITERIA The Board of County Commissioners will appoint- an eleven member Orange County Solid Waste Committee to identify an integrated solid waste management plan for unincorporated Orange County. The.Committee will represent a variety of geographic areas and occupational backgrounds county -wide. Selection criteria will include: General Criteria I. Member must be 18 years of age or olcl r. 2. Member must be a resident of Orange County. G(--o ra;,hical And Other Related Interests 1. There will be one representative from each (.)C the sevicen townships in Orange County. 2. There will be one additional representative from each of the following advisory boards: Orange County Planning Board Orange County Health Board Orange County Economic Development Commiss_icin Chapel Hill Solid Waste Reduction Task Corce Occupational Background Committee representation will reflect a diversity of occupational and socio- economic interests in the County. rr UM 8 9 Tanta Public Warks P.O. BOX 8181 GOO ��•• HILLSBOROUGH, NORTH CAROLINA 27278 Wilbert J. McAdoo DIRECTOR Cate Dear Community Leaders; Since 1989, the General Assembly has passed extensive legislation imparting solid waste collection and disposal in the State. The Solid Waste Disposal Improvements Act of 1989 (Senate Loll 111) and the Solid Waste Law Amendments (House Bill 1189) are the most far- reaching, imposing restrictions on certain solid wastes, mandating state and local recycling programs and establishing timelines for the state and local governments to meet requirements. In recent years, the Orange County Board of Commissioners and county staff have been investigating ways to improve the ruryent greenbox collection system. Although improvements have been made over the last ten years, the sites continue to suffer from vandalism and abuse and County staff has little control over prohibited items dumped at the sites. Additionally, illegal commercial and residential private haulers and citizens from other counties ate using the sites at taxpayers' expense. State mandates and problems with the existing collection system present many challenges for elected officials and staff. We feel that citizen involvement is needed to develop a solid waste management plan that effectively addresses these challenges. The Orange County Board of Commissioners is inviting interested Citizens to submit an application to serve on the Orange County Solid Waste Committee. We would like your assistance in our selection process. The role of the Solid Waste Committee will be to work with staff to research, discuss, identify and recommend a plan for solid waste collection in unincorporated orange County. The Committee will also assist in promoting public education and information to maximize citizen support and participation. Committee members will attend one night meeting per month for- a twelve month period. There will be limited outside reading and research requirements. An application .form for the Orange County Solid Waste Committee is attached. Please copy it and distribute to citizens who you think would be willing to commit time and energy to this very important project. The ideal committee Office Location Highway 86 North Hillsborough 10 will consist of eleven members - one from each township and one from the orange County Planning Board, the Orange County Health Board, the Orange County Economic Development Commission and the Chanel Hill Waste Reduction Task Force. The deadline for applications is February 14, 1.992. Please call the Orange County Public Works Department, extension 2628 if you have questions. Thank you. Sincerely, Moses Carey, Chairman Orange County Commissioners Tjauutg Vithlir Warks It • !Z P.O. Box 9181 HILLSBOROUGH, NORTH CAROLINA 27278 Wilbert J. MCAdooAPPLICATION FOR ORANGE COUNTY SOLID WASTE COMMITTEE DIRECTOR Rocent state legislation is requiring that all local governments develop a solid waste management plan. The plan is to be designed to serve individual solid waste collection and disposal needs while incorporating measures .f.or the vublic good through waste reduction, reciycl ing, I. -,c,mljost.ing and restriction on disposal of certain items in the sanitary landfill. The Orange County Board of Commissioners and County staff have been investigating ways to improve the current g.reenbox collection system. Although improvements have been made over the last ten years, the sites continue to suffer from vandalism and abuse, and County staff has little control over 1-Irohibited items dumped at the sites. Additionally, illegal. commercial and residential private haulers and citizens from oFher counties are using the sites at taxpayers' expense. State mandates and problems with the existing collection system present- many challenges for elected officials and staff. Citizen involvement is needed to develop a solid waste management plan that effect -ively addresses these challenges. The Orange County Board of commissioners is inviting interested citizens to submit an application to serve on the Orange County Solid Waste Committee. The role of tale Solid Waste Committee- will be to work with staff to research, discuss, identify and .recommend a plan for solid waste collection in unincorporated Orange County. The Committee will also assist in promoting public education and information to maximize citizen support and participation. Committee members will attend one night meeting per month for a twelve month period. There will be limited outside reading and research requirements. The ideal committee will consist of eleven members - one from each township and one from The Orange County Planning Board, The Orange County Health Board, The Orange County Economic De,,elopment Commission and the Chapel Hill Waste Reduction Task Force. The deadline for applications is February 14, 1992. Please call the Orange County Public Works Department, extension 2628 if you have questions. An application form for the Orange County Solid Waste Committee is on the reverse side. Please fill out an mail to the address at the bottom of the application. Office location Highway 86 North Hillsborough 11 12 Name: Address: Town: Phone: (work) APPLICATION FORM Township: (home) Occupation I volunteer to serve for a minimum of twelve (12) months as a member of the Orange County Solid (caste Committee: Signature: Date: Please answer the questions below. 1) Why do you want to serve on the Orange County Solid Waste Committee? 2) Is there any interest or experience that you have which would be particularly helpful to the committee? 3) Briefly describe your background. 4. Application must be submitted by February 14, 1992. Return to: Orange County Public Works Department, P.O. Box 8181, Hillsborough, N.C. 27278 H 140� ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda � ACTION AGENDA ITEM ABSTRACT Item No. _E Meeting Date: JANUARY 21, 1992 SUBJECT: ORIENTATION TRAINING FOR BOARDS AND COMMISSIONS DEPARTMENT: COUNTY COMMISSIONERS- PUBLIC HEARINGr r YES: - r NO: rX . - -rr -rrr r- rrrrr -r -rr rr- rrrrr - -rr rrr -r rrrr-rrrrrrrrrrrr..rrrr-rrrr-- ATTACHMENT(S): YES INFORMATION CONTACT: Ted Abernathy TELEPHONE NUMBER Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: The purpose is to give a report with recommendations for consideration on an orientation program and procedures for the recruitment of appointed board /commission members. BACKGROUND:In March, 1991, a committee was appointed to: 1. develop an orientation session for newly appointed members; 2. examine current recruitment methods; 3. formulate a recognition program for citizens who have served on boards and commissions; 4. bring back suggestions within six months for your consideration; All items approved will be placed in one document entitled "Policies and Procedures for Appointed Members of Boards and Commissions. RECOMMENDATION(S): (1) Approve the orientation training schedule; require attendance of each new appointee; present twice a year in January and July at a cost of $5 -$10 per participant to be paid from the Clerk's budget. This board /commission orientation is to supplement rather than replace any specific board /commission orientation. (2) Discuss and decide the issue of County employees serving on boards and commissions. (3) Approve the recruitment procedure as outlined in the report with appointments presented to the Board for consideration quarterly. The expiration of terms for members presently serving on boards and commissions will be adjusted to the nearest quarter ending date. (4) Approve recognizing those who have served on boards and commissions as recommended in the report. 2. (5) Approve revisions to present policies. (6) Consider adoption of other policies which will be included in the resolution. (7) Adopt a resolution which will include all the policies and procedures regarding Board appointed boards and commissions. A n r #1 ISSUES /RECOMMENDATIONS REGARDING ORIENTATION Issue: Should orientation attendance be required? Recommendation: Yes. Issue: How often should orientation be offered? Recommendation: At least twice a year in February and August (with interim material provided in between); orientation needs to be matched with appointments. Issue: How much will training cost? This depends on staff time, materials used, place of orientation and food provided. The committee estimates that training will cost five dollars per person: - internal staff and county commissioners provide orientation - training held on county -owned property - those attending receive orientation packet - refreshments served during a break Training will cost ten dollars per person if same as above with addition of lunch for participants Recommendation: As the board decides. Issue: Will this replace orientation which is currently offered to board /commission members by individual commissions /boards? Recommendation: No; each board /commission is encouraged to continue offering specific training needed for that particular board /commission; our orientation will supplement their existing efforts. 3 4 ORANGE COUNTY ORIENTATION /TRAINING COMMITTEE October 1991 ORIENTATION /TRAINING Purpose: To enhance the experience of appointed board /com- mission members Objective: To provide an overview of relationships among government (local, state, federal) Objective: To provide an overview of the operations of Orange County government and the services that are provided to citizens Objective: To assist board /commission members in under- standing their role Objective: To provide additional or ongoing training ORIENTATION / TRAINING PROGRAM Part I 5 min. Introduction,Welcome 5 min. Workshop Overview 15 min. Getting Acquainted 20 min. Slide Show 20 min. Role of Government: Federal State City /County OWASA, etc. - how they interrelate, collaborate - what are the differences (particularly between city and county) I 5 15 min. County Budget 15 min. BREAK - how much there is - how it is divided among departments - where it comes from Part II 20 min. Different Types of Boards Mandated - Advisory Supervisory - all of the above 15 min. Infrastructure (organizational Chart) - Commissions - County Manager - County Departments 20 min. Role of Staff Role of Board Members 15 min. BREAK (or 45 min. for lunch) Part III 1 hr. Working Effectively as a Board Member - experiential exercise - goal setting - working as a team -- communication skills 10 min. Closing - Fun Test on Orange County (What do you know about where you live ?) Ideas for Additional and /or Onaoina Training A. Leadership Training - board chairs B. Consensus Building - individual boards /commissions C. Board Dynamics D. Meeting Process (Rules of Order) E. Inter - Relationships of Goal Setting /Budget /CIP Process 6 #2 ISSUES /RECOMMENDATIONS REGARDING RECRUITMENT Purpose of Recruitment: To attract well qualified, com- mitted, and diverse representation to serve on county - appointed boards and commissions Issue: Should Orange County employees serve on boards/ commissions ?' 1. Pros: good resource because of their knowledge of the county 2. Cons: there are other opportunities to serve as vol- unteers both internally and externally; creates fewer openings for other citizens to serve; may be greater potential for conflict of interest 3. Note: A survey from other counties was sent to the Board of County Commissioners on November 1, 1991. Recommendation: As the board decides. #3 Issue: How can boards /commissions better reflect the diver- sity in the county? Recommendation: Through changes in application form. Issue: How can recruitment methods be enhanced? Recommendation: Through public advertising, membership committees on boards /commissions, Talent Bank, VAC, 24 -Hour Courthouse, Speakers Bureau, Information Line Issue: How often should county commissioners make appointments? - as vacancies occur - every month quarterly - every six months - yearly Recommendation: Quarterly. I #4 Issue: How do we recognize those who have served on boards and commissions? Recommendation:-.1) individuals will be recognized at the volunteer recognition dinner by receiving certificates (dinner held once a year); 2) County Commissioners continue to send letters of appreciation to board/ commission members 3) Each board /commission may recognize its members as it deems appropriate 7 #5 The following policies are those which the County Commissioners have adopted and are currently being followed. These are presented for confirmation and /or revision as the Board decides: 1. MAXIMUM TERMS AND LENGTE OF TERMS OW-BOARD/COMMISSIONS For Boards which are not state mandated, the Board's policy is to limit the length of service to two -three year terms on the various boards and commissions on which citizens are appointed. This time period does not include required training programs. This will allow for more individuals to serve and for diversity of opinions. It will also provide for conformity in the length and number of terms for those boards and commissions that are not state mandated with set terms. SUGGESTED ADDITION to this policy is stated below: This policy may be waived if the Board of Commissioners determines that the removal of an individual made ineligible by this policy would be detrimental to the functioning of that board or commission. 2. All resumes received for consideration of appointment to the various boards and commissions shall remain in an active status for one year and then be notified accordingly. All appointments will be listed on each agenda -- the first time for information and the second time for consideration with resumes attached. (See suggested revision to this policy under Section "E".) SUGGESTED CHANGE to this policy is stated below: All resumes received shall be retained for at least two (2) years. Resumes shall be kept on file for all active appointees. 9 #6 The following policies are presented for the Board's consideration of adoption: NEW POLICY No citizen of Orange County shall serve in more than two appointed positions of Orange County Government unless exempted by the nature of the position he or she may hold in Governmental Service. This policy shall not apply to individuals who serve on boards or commissions or as appointees to any organization because of their official position or because of a statutory or regulatory requirements that a particular type professional individual serve as an appointee if no other qualified person can be found. This policy shall not apply to any Orange County Commissioner who serves on any board or as an appointee to a board because he is a County Commissioner. NEW POLICY If an appointee, in any calendar year,has unexcused absences which constitute more than 25 percent of the Board meetings which he or she is required to attend pursuant to his or her appointment, he or she is obligated to resign. Excused absences are defined as absences caused by events beyond one's control. If the individual refuses to resign, he or she may be dismissed by action of the Board of County Commissioners subject to state or local law. A calendar year is to be defined as a 12 month period beginning on the date of appointment. If a board or commission has in their bylaws a policy which is more stringent than this policy, it may stand. For those boards and commissions without an attendance policy, this policy will prevail. The Clerk to the Board shall require all new appointees to certify that he or she understands the attendance policy. NEW POLICY Any citizen of Orange County is eligible to serve on the appointed boards, committees, commissions or councils of the County where such appointment is not prohibited by state statute. All appointment will be made according to the applicable statute, ordinance, resolution or policy that created the board or commission. NEW POLICY The Board of Commissioners reserves the right, at any time and for any reason, to remove any member of any board or commission when a motion for removal receives the votes of at least a majority of the entire membership of the Board. NEW POLICY The rate of pay, if any, to members for serving on boards, commissions or committees shall be established by the Board of Commissioners. Records for pay purposes shall be certified by the Chair of the respective board or commission and submitted by the appropriate department head to the Finance Officer for monthly disbursement. 10 #7 The following resolution is presented for the Board's consideration of adoption: WHEREAS, it is the statutory duty of the Orange County Board of Commissioners, as the Governing Body of Orange County, to appoint persons to various boards and commissions to assist in the operation of county government; and WHEREAS, the Board of. Commissioners wants to appoint qualified, knowledgeable, and dedicated people to serve on these boards and commissions and therefore solicits the interest and input of the citizens of Orange County in making said appointments; and WHEREAS, the Board of Commissioners is of the opinion that written policies and procedures will increase public awareness of the various appointments that are to be made from time to time and increase the public's interest in the solicitation by the Board of Commissioners of information and recommendations from the public that will assist the Board of Commissioners in the appointment of qualified, knowledgeable,and dedicated persons to serve on the various boards and commissions; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the policies and procedures governing appointments to the various boards and commissions made by the Board of County Commissioners are as follows: (All policies agreed upon by the Board will be listed.) WHEREAS, This policy shall become effective upon enactment. All subsequent appointments to boards by the Board of Commissioners shall be carried out under the provisions of this policy. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 SUBJECT: APPOINTMENTS ----------------------------------- DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARINGr YES: NO: X ----------------------------------- ATTACHMENT(S): UNDER SEPARATE INFORMATION CONTACT: COVER BEVERLY BLYTHE, EXT. 2130 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: The attached recommendations are being presented for the -Board of Commissioners consideration. The individual appointments are listed on page 2. BACKGROUND: LOCAL EMERGENCY RESPONSE PLANNING COMMITTEE TRIANGLE J EMERGENCY MEDICAL SERVICES COUNCIL COMMISSION FOR WOMEN ORANGE COUNTY PLANNING BOARD RECOMMENDATION(S): AS THE BOARD DECIDES ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: JANUARY 21, 1992 SUBJECT: MINUTES DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACMCM(S): UNDER SEPARATE INFORMATION CONTACT: BEVERLY BLYTHE COVER TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 mmmm PURPOSE: To correct and /or approve the minutes as submitted. October 10, 1991 - Joint Planning Public Hearing January 6, 1992 - Regular Meeting BACKGROUND: In accordance with 153A --42 of the General Statutes, the Governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S): As the Board decides. RESOLUTION ENDORSING EXTENDED AREA TELEPHONE SERVICE CUSTOMER POLLING WHEREAS, citizens of Orange County during the last twenty years have repeatedly sought the right to be polled about their preferences on the matter of flat -rate Extended Area Telephone Service (EAS) in Orange County, and WHEREAS, such efforts have repeatedly been turned down, most recently in the September 27, 1991 order of the North Carolina Utilities Commission denying Orange County EAS, and WHEREAS, the Utilities Commission based its order largely on objections to proposals for flat -rate EAS raised by Mebane Home Telephone Company, and WHEREAS, Mebane Home Telephone Company has since worked diligently and in good faith with representatives of Orange County government and citizen groups to overcome barriers to polling customers about their EAS preferences, and has submitted proposals to the Utilities Commission that, if approved, would lead to such polling, NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS ENDORSES the proposals set forth by Mebane Home Telephone Company: namely, that a poll of all customers in the Mebane Exchange be conducted with additional monthly charges for flat -rate EAS to Centel's Hillsborough and Southern Bell's Chapel Hill exchanges at $3.19 for residential customers and $8.08 for each business access line; and should EAS not pass in such a vote, that a second poll involving only Orange County customers of Mebane Home Telephone be conducted at $4.39 and $11.12 for residential and business access customers respectively; REQUESTS that the North Carolina Utilities Commission reconsider its decision of September 27, 1991 and as soon as possible order polling of telephone customers in accordance with the Mebane Home Telephone proposal; further, that the votes of the Mebane Home and Centel exchanges should be combined in determining whether Orange County EAS passes or fails; DIRECTS the County Attorney to file with the North Carolina Utilities Commission a response, to the Mebane Home Telephone comments, that incorporates the points made in this resolution. This, the 21st day of January, 1992. 3 AGREEMENT AN AGREEMENT AUTHORIZJNG COOPERATIVE PURCHASE BETWEEN ORANGE COUNTY AND THE CITY OF RALEIGH FOR THE PURCHASE OF FIFTEEN (15) LAW ENFORCEMENT VEHICLES The County of Orange and the City of Raleigh enter into this cooperative purchasing agreement for the purchase of fifteen (15) Ford Crown Victoria Law Enforcement Vehicles. The vehicles will be purchased from Capital Ford of Raleigh throgh the City of Raleigh's bid dated December 11, 1991 at a total cost of $175,710.00. Authority for this agreement is found in Article 20 of Chapter 160A of the General Statutes of North Carolina. Executed this the 24th day of January 1992. By. Cgynty of Orange Author ature City of Raleigh By • L--- Au horized Signature Exhibit 1 rx �,.,wov w j, n"A, W", Ij 1 INA F Vw��, �! r ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. „ 27278 Moses Carey, Jr. 732 -8181 Alice M; Gordon 9684501 Stephen H. Halkiotis 686 -7331 Verla C. Insko 227 -2031 Don Willhoit 644 -3004 (Fax) January 22, 1992 Dr. George T. Everett, Director N.C. Division of Environmental Management P. 0. Box 27687 Raleigh, North Carolina 27611 -7687 Re: NPDES Permit Applications Dear Dr. Everett: Recently, Orange County received a request for comment on pending NPDES permit applications for M.M. Fowler, Inc. (Permit No. NC 0080845) and Martin - Marietta Aggregates (Permit No. NC 0077046). The deadline for submission of comments to your agency is January 23, 1992. At the January 21, 1992 meeting of Board of Commissioners, I was authorized to request that Orange County be given additional time to review both applications. The Board of Commissioners further requests that no action be taken by your agency on these requests until a public hearing is conducted and local governments, utility providers, and concerned citizens are provided with an opportunity to comment on both proposals. It is our understanding that NCDEM is authorized to conduct such hearings. If your agency is unwilling or unable to honor this request, the Orange County Board of Commissioners recommends that you deny the Martin - Marietta application. The location of the quarry in University Lake watershed, a watershed currently classified as WS--I, suggests that the communities served by the reservoir (Chapel Hill, Carrboro, and portions of rural Orange County) be given an adequate opportunity to review and comment on the application. Should you have questions concerning this request, please feel free to contact Paul Thames, the County Engineer, at 919/732 -8181, Extension 2303, or Marvin Collins, the Planning Director, at Extension 2592. Sincerely, Moses Carey, Jr., Chair an4ssioners Orange County Board of YOU COUNT IN ORANGE COUNTY! ORANGE COUNTY OFFICES P.O. BOY. 8181 HILLSBOROUGH, N.C. 27278 DATE: ~' T0. - ROM: v es ME55;,GES : Z", r /ere- T/ NUMBER 0= PI.G =S INCLUDING COVER PAG= Y IF TRANSMISSION IS INCOMPLETE CALL 919- 968 - 4501 OR 919 - 732 -5181 EXT. 2125 ..Ilaiuryer ;r (�r'ie. ORANGE COUNTY HiLI_SBOROUGH NORTH C'AROLI:\A MEMORANDUM TO: Board of County Commission rs I FROM: John Link, County Manager DATE: January 21, 1992 SUBJECT: Tanglewood Acres - Update On January 16, 1992 Mary Scearbo and I met Khye Weng Ng and Guat Cheng Ng at the Tanglewood Acres Subdivision to discuss the status of Storey Lane and view the road improvements which had been made in early summer. We discussed the notion of delaying actual construction for one year with a letter of credit or other form of security. This would allow for recordation of the plat, and the sale of lots prior to road construction. This solution is administrative and does not require any action of the Board of Commissioners. Mary Scearbo spoke with Khye Weng Ng this morning. He expressed total willingness to post a letter of credit and was very pleased with the resolution of this issue. He also indicated that since his problem has been resolved, he would probably not be present at tonight's meeting. SECTION 306 FORM OF CONSTRUCTION CONTRACT (ALL PRIME CONTRACTS) THIS AGREEMENT, made the 21st the year of 1992 by and between Cyclone Roof=ing Company day of January a� -yv in hereinafter called the Contractor and the County of orange, North Carolina, hereinafter called the County. WITNESSETH: That the Contractor and the County for the consideration herein named agree as follows: I. Scope of Work: The Contractor shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: Advertisement, Instructions to Bidders, General Conditions, Supplementary General Conditions, Specifications, Accepted Proposal, Contract, Performance Bond, Payment Bond, Power of Attorney, Worker's Compensation, Public Liability, Property Damage and Builder's Risk Insurance Certificates, and Drawings entitled: Orange County Recreation Center Hillsborough, N. C. Consisting of the following sheets: A -1 - Specification Dated: April 9th, 1991 Addendum No. 1 Addendum No. _ Addendum No. Addendum No. Dated 1 -7 -92 Dated Dated Dated and the following addenda: 2. That the Contractors shall commence work to be performed under this Agreement on a date to be specified in a written order of the County and shall fully complete all work hereunder within 45 consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Contractor, as one of the considerations for the awarding of this Contract, has furnished to the County a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days. In the event that the progress of the work is not maintained on schedule by the Contractor, or in the event the work is not completed within the time above specified, the County may upon fifteen 915) days notice, sent by certified mail, return receipt requested, to the Contractor and his Surety, declare this Contract in default, and thereupon, such Surety shall promptly take over the said work and complete the performance_ of this Contract in the manner and within the time above specified, and all funds due or to become due to the Contractor shall be paid to the Surety. In the event the Surety shall fail to take over the work to be done under this contract within fifteen (15) days after being so notified and notify the County in writing, sent by certified mail, return receipt requested, that he is taking the same over and stating that he will diligently pursue and complete the same, the County shall have the right to let the work remaining to be done to some other Contractor, either by public letting or negotiation, and thereupon the Contractor and the Surety on his Bond shall forthwith pay the County all increase in cost or loss and damage which it may sustain on account of such default on the part,of the Contractor. 3. The County hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: -Twenty Seven Thousand Three Hundred. ($ 27,300.00 ). Summary of Contract Award: 4. On or before the 20th day of each calendar month, the County shall make payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10 %) of the amount of such estimate which formed strictly in accordance with this Agreement and until such work has been accepted by the County. 5. Upon submission by the Contractor of evidence satisfactory to the County that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work has been paid in full, final payment on account of this Agreement shall be made within thirty (30) days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the County. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance, the County shall deem the Surety or Sureties upon such Bonds to be unsatisfactory, or if, for any reason, such Bonds ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense, within five (5) days after the receipt of notice from the County so to do, furnish an additional Bond or Bonds in such form and amount, and with such Surety or Sureties as shall be satisfactory to the County. In such event no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the County. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and date first above written in counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original contract. Cyclone Roofing Company Witn Contractor: (Trade or corporate name) By: (Pro orsh p or Partnership) Title: (owner, Partner, or Corp. Attest: (Corporation) Prep. or Vice -Pres. only) By. Title: C. y (Corp See. or Asst. Sec. only) --A CORPORATE SEAL) COUNTY OF ORANGE, NORTH CAROLINA WITNESS- BY; MO S S CAREY, JR. - CHAIR, BOARD OF COMMI S ONERS _.All ors supplied and completely subscribed and stern to before m=:tnis 7th day of February 19 92 �1y�Cccrimi o expires Se r 1Q, 1994 cr -- Notary Public CERTIFICATE OF INSURANCE 01/24/92 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PRODUCER C Letter A Pennsylvania National Ins Co Greensboro Insurance Services 0 P. 0. Box 1301 M Letter B 1301 E. Wendover Ave. P Greensboro NC 27402 A Letter C INSURED N I Letter D Cyclone Roofing Company E P. 0. Box 1279 S Letter E Matthews, NC 28106 This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. ------------------------------------- COVERAGES------------------------------- - - - - -- Co Type of Policy # Policy Policy Limits Ltr Insurance Effective Expiration - - -- GENERAL LIABILITY --------------------------------------------------------- A (X) Commercial GL CL9 -0- 025488 -2 07/01/91 07/01/92 Gen Aggreg $1000000 ( ) ( )Claims Made Prd -C /Op Ag$1000000 (X)Occurrence Pers /Adv In$1000000 ( ) Owners & Contr Each Occur $1000000 ( ) Fire Damag $50000 ( ) Medical Ex $5000 - - -- AUTOMOBILE LIABILITY ------------------------------------------------------ A (X) Any Auto AU9- 0- 025488 --2 07/01/91 07/01/92 CSL $1000000 ( ) All Owned B.I. /Pers $ ( ) Scheduled B.I. /Acrid $ (X) Hired P.D. $ (X) Non -Owned ( ) Garage Liab - - -- EXCESS LIABILITY ------ --------------------- ------------------------- - - - - -- A (X) Umbrella Form UL9 -0- 025488 -2 07/01/91 07/01/92 Each Occur Aggregate ( ) O.T. Umbrella 4000000 $4000000 - - -- WORKERS COMPENSATION ------------------------------------------------------ W.C. STATUTORY Employers Liab. Each Acrid $ Dis /Policy $ Dis /Employ $ - - -- OTHER --------------------------------------------------------------------- DESCRIPTION OF Operations /Locations /Vehicles /Special Items ORANGE COUNTY RECREATION CENTER CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 10 days written notice to the certificate holder named below but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. NAME and ADDRESS of CERTIFICATE HOLDER COUNTY OF ORANGE 132 E. KING STREET �. HILLSBOROUGH, NC 27278 PFW Authorized Representative �I Sedgwick James Sedgwick James of the Carolinas 2000 Center Point Drive, Suite 2350, Columbia, South Carolina 29210, PO Box 21804, Columbia, South Carolina 29221 Telephone 803 772 -1111, Telex 573462. Facsimile 803 772 -6361 CERTIFICATE OF INSURANCE NORTH CAROLINA CERTIFICATE HOLDER: COUNTY OF ORANGE, NORTH CAROLINA 132 EAST KING STREET HILLSBOROUGH, N.C. 27278 ROOFER: CYCLONE ROOFING COMPANY P.O. BOX 1279 MATTHEWS, N.C. 28106 RE: ORANGE COUNTY RECREATION CENTER THIS IS - TO- CERTIFY THAT -THE. - ABOVE- ,_ROOFER.- _IS__A _QUALIFIED SELF-. INSURER IN THE STATE OF NORTH CAROLINA THROUGH THE CAROLINAS ROOFING & SHEET METAL CONTRACTORS SELF - INSURANCE FUND FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992 THE FUND PROVIDES WORKERS COMPENSATION AND EMPLOYER'S LIABILITY COVERAGE. EXCESS INSURANCE IS PROVIDED WITH THE FOLLOWING TERMS: FUND POLICY TYPE CARRIER POLICY RETENTION EXPIRATION LIMITS SPECIFIC MIDWEST 4188 $500,000 JANUARY 1, COVERAGE A: EXCESS EMPLOYERS SC -NC 1993 $5,000,000 CASUALTY COVERAGE B: $1,000,000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY LISTED ABOVE. SHOULD THE ABOVE DESCRIBE POLICY BE CANCELED BEFORE THE EXPIRA- TION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) WRITTEN NOTICE TO THE ABOVE NAMED CERTIFICATE HOLDER. BUT FAIL- URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. SEDGWI ES OF OU CAROLINA, INC. BY: DATE: JANUARY 27, 1992 Insurance Broking Risk Services Employee Benefits Bond No UNITED PACIFIC CDWPANY HOME OFFICE, TACOMA, WASHINGTON PERFORMANCE BOND The American Institute of Architects, AIA Document A311, February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Cyclone Roofing Company Post Office Box 1279, Matthews, North Carolina 28106 as Principal, hereinafter called Contractor, and, UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, with its Home Office at Tacoma, Washington, as Surety, hereinafter called Surety, are held and firmly bound .unto (Here insert full name and address or legal title of Owner) County of Orange, North Carolina Hillsborough, North Carolina as Obligee, hereinafter called Owner, in the amount of Twenty -seven Thousand Three Hundred and No /1UO Dollars ($ 27 ,300.00 ----- ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated January 21 19 92 , entered into a contract with Owner for Orange County Recreation Center, Hillsborough, N.C. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner, Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de- fault or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 21st Z �9, - itness) fitness) Performance Bond Revised to February, 1970 SB 5715ax (1) Printed in U.S.A- G'7)1.I ?pnp F -7.71 day of Janaury CYCLONE ROOFING COMPANY jx--/ (Principal) resident R. Wayne COpke (Title) _ ITE IFIC INSURANCE_CQ.kAFANY (Title) " - Attorney -Fact 1992 (Seal) UNITED PACIFIC INSURANCE CCmPANY HOME OFFICE, TACOMA, WASHINGTON LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AIA Document A311, February 1970 Edition, _ = THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF'.) HE`- OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Cyclone Roofing Company Post Office Box 1279 Matthews, North Carolina 28106 as Principal, hereinafter called Principal, and, UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, with its Home Office at Tacoma, Washington, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full _ name and address or legal title of Owner) County of Orange, Hillsborough, North Carolina as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Twenty -seven Thousand Three Hundred and No /100 --- - - - - -- Dollars (s27,300.00 = - - -), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated January 21 19 92 entered into a contract with Owner for Orange County Recreation Center, Hillsborough, N.C. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all - claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void-, otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to in- clude that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit- 1 ;ae ;- u!- maujoll`d (ssaul!M) ANVdWOD 3:)Nd8nSNl 0131DVd (3311Nn (1!1!1) as(a00 aukeM �uapTsaaci 8 (ledlauud) (leas) ANHdW00 ONIJOON 3NO10A0 2 t Lt '03 — `dtocz.n0e 't/,g'n u! palu!.d M XeSUG 8S 0/6L ' Ajeniged of pes!nay puoq ivawmed !e!ialeyy pue jogel ssaui� Z6 6L Raenuep ;0 Aep ISIZ s!4i poleas pue paue!S 'puoq s1411sule6e pue lapun paluasald aq uall 43rts ;o lunowe ayi 1o; w!ep iou 10 1a41aynm'luawamoldwl pies 1sule6e plooal ;o pal!; aq Aew 4o14nm quail ,solue4oaw ;o AlainS Aq ivawAed 141 ;o am!snp -ul 'lapunala4 yl!e; pooh ui spew sluawAed 10 1uawAed Aue ;0 luaixe a41 of pue Aq peonpai aq Ile4s puoq s141 ;o lunowe a41 'y 9laymnasl9lou pue'polenl!s s! ;o91943 lied Aug 10'loafold s4l 4014nn u! 13u1s!p a4110; 11no0 1o!1is!Q salelS pal!un ayi u! 10'palenl!s s! ';oe1a41 lied Aug 1o'loafoid 841 43!4nn u! aleis 241 10 uols!n!pgns leo!i!lod 1941010 Alunoo 84110; pue u! uolia!psunf lualadwoo ;o 11noo 9iels a u! ueyl 19410 p 'noel Lpns Aq pau!w19d uo!lel!wil ;o pollad wnwlulw a41 of lenbe aq of se os papuawe aq of powaap eq Ile4s uo!iel!w!l !.pns ;oala4 uollonllsuoo 9y16ulllolwoo Mel Aug Aq pal!q!4P1d si puoq sl4i ui pa!poqwa uo!lei!w!! Aue p leyl'lamamo4 'poolsiepun 6u!aq 1! '1oe11uoa p!es uo llomn pasem ledlou!1d 4:)!4nn uo alep a4l 6ulmmollo; 1eaA (L) auo ;o uo!le1!dxa ayi laud (q -1aOl; ;o ollgnd a Aq apew aq lou peou m!nlas yons ie4i anes'paiml si loafold p!esalo ;e 841 4314mn u! 8iels a4l ul pamlas aq Aew ssaoold lebal 4p4M u! lauuew Aue u! pamlas 1o'ssou!snq ;o uo!iaesuell 0411o; pou!elu!ew Ape!n6a1 s! ao!;;o ue aj&4mn eoeld Aue ie'Ala1nS 10 lauan0 'ledloulld a4l of possalppe adolanua ue u! 'pledald a6elsod 'flew pa! ;!Liao 10 I!ew palalsl6al Aq owes ayi 6ull!ew Aq paroles aq Ile4s eogou yons 'pawlo ;lad 10 euop seen logel 10 llom e4l wo4nm 10 ;10 ' pa4s!ujn; alarm slellalew ayi wo4nm of Alied a4l to aweu 141 pue powle!o lunowe 841 Aoelnooe lelluelsgns yl!M 6u!lels'apew si wlep pies 4014nn 10; sleyezew a4i 10 lsel 941 p94slui% 10 'logel 10 Nlonm 841 ;o isel ayi powlo ;lad 10 p!p luewlep yons race sAep (06) Aieu!u u141!mn'poweu anoge AlainS ayi 1o'18ummO 041'led!oul1d 041 :6u!Mollo; ayi ;o o n1 Aug of aollou uell!Nn uanl6 ame4 Ile4s 'ledl3ulld ayi 41!M 1oe13uoo loenp a bulne4 auo ue41 18410 'iuewlep ssalu0 (e luew!elo Aue Aq rapunaja4 paouawwoo aq Ile4s uope 10 i!ns oN 'g El 3N D PACIFIC IlT8 0 t, A VCR CCMfi:PAN'Y HEAD OFFICE, FEDERAL WAY, WASMINGTO14 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Washington, does hereby make, constitute and appoint Warren A. Miller, Richard L. Johnson, H. Wavne Gibson, James W. Bland, Dianne B. Blaney and William J. Quinn, individually, of Charlotte, North Carolina its true and lawful Attomey -in -Fact, to make, execute, sea] and deliver for and on Its behalf,-and as its act and deed any and all bonds and undertakings of Suretyship, .63'o bled the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that Its sald AttomeyjsMn -Fact may do in pursuance hereof. The Power of Attorney Is granted under and by authority of Article VII of the By -taws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7, 1978, which provisions are now In full force and effect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attomeysdn -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recogniaances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attomay -In -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognlzances, contracts of Indemnity and other writings obligatory in the nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognlzances, contracts of Indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. The power of sttorM Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1879, at which aquorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signature of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such fascindle signatures or facabuile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signstures and facsimile seal shall be valid and binding upon the Company In the future ww—M'reapect to any bond or undertaking to which it Is attsclwdd" IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these p s to be g ad is Vice President, and its corporates" to be hereto xed, a 79th day of July 1988 . ATTEST: UNITED PA IC IN PAN BY: Ray L rah - Asst. Secretaryt'b 51XM OF Pennsylvania Vlcs t COUNTY OF Philadelphia sue,. On this 29th day of July ,19 :' Iy appeared Raymond MacNeil to me known to be the VW*4h eldent of the UNITED PACIFIC INSURANCE COMPANY, ac ged a executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article V Ion 1, and 3 of By-Laws of said pony and the ResWutlon, set forth therein, are still In full force. My Corrunlssion Expires: ochl , §Vteffber 28 '19 91 r Notary Public in and for State of Pennsylvania =w Residing at Philadelphia 1, Ray L. Lorah , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and forgoing Is a true and tomcat copy of a Power of Attorney executed by UNITED PACIFIC INSURANCE COMPANY, which Is still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and Company this 21st dal, of January i 9 92 BDU -1431 Ed. 81 w �� Assistant Secretary 79 �4,�� CYCLONE ROOFING & SIDING COMPANY COMMERCIAL • INDUSTRIAL • RESIDENTIAL ROOFERS February 3, 1992 RTD Associates, P.A. 5500 Executive Center Drive Suite 117 Charlotte, N. C. 28212 Attn: Ken Powers Re: Reroof Orange County Recreation Center Hillsborough, N. C. Project #{ 3- S- 91023 --D Dear Ken: We propose to use the following materials on the above mentioned project: Vapor Barrier - -Two ply vapor barrier as per Manville Specification ##502 Roof Insulation -- 1" thick Manville Fesco Built -Up Roofing - Manville Specification 4GIG Warranty - Manville 20 Year NDL If you have any questions, please give me a call. Sincerely, Cyclone Roofing Company Charles H. Baggarly Enclosure 417 ;• ix' a P. O. Box 1279 Phone 704 - 882 -1200 13615 E. Independence Blvd. Matthews, NC 28106 Fax 704 -882 -2150 Indian Trail, NC 28079 07220/ MAN BuyLine 5060 Mari viVe Rc if insulations For Built -Up, Modified Bitumen and Single -Ply Roofing Systems rwille Fesco® Board Roof Insulation Description Fesco Board is a homogeneous board, the principal component of which is expanded perlite, a volcanic ore. The perlite ore, when exposed to intense heat, expands approximately fifteen times its original size. The resulting glass -like beads contain air cells which provide high insulating efficiency. The beads are then blended with selected binders and fibers to form the roof insulation board. Advantages Fire Resistance. Fesco Board has excellent fire resistance and has passed the FM and UL tests detailed below. Can be used as a fire barrier on metal roof decks. Mopping Surface. Provides an excellent base to receive a built -up or modified bitumen membrane. Excellent compatibility with hot asphalt. Strength and Durability. When applied over rigid permanent decks, Fesco Board resists damage from on -the -job and maintenance traffic, offers good moisture resistance, and effectively bridges flute openings in metal decks. Dimensional Stability. Based on its perlite composition, Fesco Board is dimensionally stable over a wide range of weather conditions. Good Adhesion. The top surface of Fesco Board is sealed with Top -Loc® coating to control the penetration of mopping bitumens, helping to assure proper adhesion of the roofing membrane. 10 For Built -Up, Modified Bitumen and Single -Ply Roofing Systems Application Fesco Board insulation is used over nailable, non - nailable, or metal roof decks in built -up, modified bitumen and some single - ply roofing systems. It may be applied using hot bitumen and /or mechanical fasteners. Sizes Fesco Board is available in 24" x 48" (.61m x 1.22m) and 48"x 48" (1.22m x 1.22m). Standard thicknesses are IY4", 114, 11/2", 2" and 3 ". Other special sizes are also available by special order. Thermal Values Thermal Conductance Thermal Resistance Thickness ( "C" Value) ( "R" Value) (nominal) 0.48 2.08 3/4" 0.36 2.78, 1" 0.24 4.17 1 t/z' 0.18 5.56 2" .50 .45 .40 .35 m .30 .25 v .20 15 .10 .05 719T_ r _' 3/4 1 1'/2 Nominal Thickness in Inches Applicable Standards Fesco Board conforms to Underwriters' Laboratories, Inc., Fire Hazard Classification, as a Roof Deck Construction Material (internal fire exposure); for use in Construction Numbers 1, 2 and 158 (fire only) and 156 (wind only), and as a Built -Up Roof Covering Material (external fire). See the current UL Building Materials Directory. Material will have UL labels only when requested on the order. Fesco Board is an approved insulation for the following Class A roof constructions: (contact Manville for more details.) % Mawi11e Fesw* Board RooOnsulation BUR Constructions 1. 3 or 4 ply fiber glass membrane with gravel, smooth or cap sheet surface and over insulated or nailable decks. Single-Ply Constructions 1. SPM -60FR mechanically attached membrane. 2. SPM -60M and SPM -60W mechanically attached membrane. 3. SPM -60, SPM -60FR, SPM -45, or SPM -60W ballasted membrane. Modified Bitumen Constructions 1. DynaKap or DynaPly with asphalt and gravel surface over combustible or noncombustible decks. New and retro -fit. 2. DynaKap FR and DynaGlas FR over combustible or noncombustible decks. New and retro-fit. Fesco Board is accepted by Factory Mutual Research Corporation for Roof Deck Construction, Insulated Steel Deck, Class 1; Windstorm Resistance (FM Approval Guide and referenced in FM Loss Prevention Data Sheet 1 -28). Refer to current publication for approved vapor retarders, bitumens and mechanical fasteners. Fesco Board complies with the material requirements of ASTM C728 -82. 07220 / MAN BuyLine 5060 For Built -Up, Modified Bitumen and Single -Ply Roofing Systems Technical Data Ph sical Properties Values Test Methods Water Absorption, % by Volume -2 hrs. 1.5 max. ASTM C209 -72 Compression Resistance, 10 % Consolidation —psi 35 ASTM C165 -83 Laminar Tensile Strength—psi 4 min. ASTM C209 -72 Thermal Conductance BTU /hr. /ft.2/°F) Nom. 1" 0.36 ASTM C177 -76 For Use Over Metal Decks Narrow Intermediate Wide Width of Rib Up to 1" Up to I-Y4" Up to 21/2" Opening Maximum Maximum Ma_ ximum Thickness of Insulation 3/4" 1" 11/2" (Minimum) . Avoid concentrating loads on insulation. Minimum bearing on flat surface: 2". .w 61, Manville Application of Roof Insulation 0.1 General This specification is for use over approved lightweight insulating fills which can receive and adequately retain nails or other types of mechanical fasteners as may be recommended by the fill manufacturer. A list of approved fills is available from the Manville District Technical Services Department. Note: All information contained in the current Manville Industrial/ Commercial Roofing Systems Manual shall be considered part of this specification. 0.2 Materials per 100 sq. ft. of roof area over lightweight aggregate concrete: Felts: As nailable base— GlasBase'" or Ventsulationa ..................................... ............................... 1 layer As vapor retarder— GlasPlys Premier p or GlasPl yP IV ....................................... ............................... 1 layer Bitumen Per Felt Per Insulation Incline Type Ply (lbs.) Layer (lbs.) Up to 1" 170 deg Type II* 23 23 -33 1" to W 190dtglipeill 23 23 -33 Insulation: Fesco @pard, Fes -Core® UltraGard Gold' ", Tad WitraGard-Gold TM pere , or Fesco Foams ............................ .................. 100 sq. ft. per layer "Consult the Manville District Technical Services DepartrneM regarding projects in hot climates. 0.3 Application Base Felt: Apply one layer of Ventsulation or GlasBase starting at the low edge and lapping each course 2" over the preceding one. Nail the laps at 9" centers and down the longitudinal center of each felt nail two rows of nails with the rows spaced approximately 11 "apart and nails staggered on approximately 18" centers. Use nails or fasteners appropriate to the type of deck. Vapor Retarder (if required): Apply one 18" wide layer of GlasPly Premier or GlasPly IV, then continue with full 36" widths, lapping each course 2" over the preceding one. Install each felt so it shall be firmly and uniformly set, without voids, into the hot (within 25 °F of the EVT) asphalt applied just before the felt at a nominal uniform rate of 23 lbs. per square over the entire surface. All edges of the felts shall be turned up on, but not connected to, all vertical surfaces and extend beyond all roof edges. This coverage must be great enough to permit at least a 4" return over the top surface of the insulation. 20 Specification No. 502 For use over Lightweight Insulating Fills Employing Fesco® Fes -Core@ Fesco Foam@ or UltraGard Gold TM on Inclines up to 6" per Foot --With or Without a Vapor Retarder For Regions 1t, 2 & 3 Na Ins m Nailers (if required): Nailers, the same thickness as the insulation, are tD be installed in keeping with the requirements of the selected membrane specification. Wood nailing strips, edging and curbs should have been treated with preservatives which will not react with asphalt. Oil based preservatives such as creosote are not acceptable. See Section 11 of the Manville Industrial /Commercial Roofing Systems Manual for specific placement of nailing strips and orientation of roof assembly materials. Insulation: Firmly set the units of insulation, long joints continuous and short joints staggered, into a full width mopping of hot (within 25 °F of the EVT) asphalt applied at an approximate rate of 33 lbs. per square if applying high thermal insulation (Fes -Core, UltraGard Gold, Tapered UltraGard Gold or Fesco Foam) to a low thermal insulation (Fesco Board) in a two layer operation. If applying insulation to either a base felt or vapor retarder, use a rate of 23 lbs. per square. When applying a second layer of insulation, have both the long and short joints offset from the joints in the first layer. Before application of the roofing, the projecting felt at all vertical surfaces and edges shall be turned over and solidly mopped to the insulation. The insulation shall not be left exposed to the weather. No more insulation shall be applied than can be completely covered with the finished membrane on the same day.. . tContacl the M WI@ District Technical Services DeparGnen( for written approval in using this spedltcallm over ete ON selecled. 1�) 07500/MAN BuyLine 5318 Roofing Built-Up Roofing Membranes Modified Bitumen Roofing Single Ply Roofing Manville BUR Systems Drainage: Design and installation of the deck and /or roof substrate must result in the roof draining freely to outlets numerous enough and so located as to remove water promptly and completely. Areas where water ponds for more than 24 hours are unacceptable and will not be guaranteed. Asphalt Apply asphalt at EV r If EVT is not known, use table below as a guide. Asphalt Type Heating Application 150 deg., Type I, Dead Level 425° 275 -350° 170 deg., Type II, Flat 4500 325 -4000 190 deg., Type 111, Steep 500° 350 -475' 220 deg., Type IV, Special Steep 500° 375 -475" Roof Incline Limitations —The type of asphalt used for inter - ply moppings and surfacing varies with the roof incline and the surfacing treatment. As the incline increases the softening point of the asphalt also increases. Listed below are the types of asphalt recommended for use with smooth, gravel, and mineral surfaced roof systems. Smooth Surfaced Roof Slope Limit. Asphalt Type Up to 1 "/ft 170 deg., Type 11 1" to 3 " /ft 190 deg., Type 111 3" to 6 "/ft 220 deg., T pe IV Gravel Surfaced Up to 1 /2 " /ft 170 deg., Type II '/2" to 3" /ft 190 d ., T pe III Mineral Surfaced Up to %W /ft 170 deg., Type II 1/2" to W/ft 190 deg., Type III 3" to 6 "/ft 220 deg., Type IV Roofing asphalt is to be installed at a nominal rate of 23 lbs. per ply, per square. When installed over insulation, more or less than 23 pounds per square of roofing bitumen may be needed due to absorptivity of the insulation. Surfacing Smooth Surfaced Roofs. Available surfacings and typical coverage. Type and quantity of roof surfacing is dictated by any or all of the following: the specification selected, incline of the roof structure, and /or Underwriters laboratories Classification required. These surfacings are available: Topgard Type -13 Fibrated ............................................. ..... 2 -3 gals_ Topgard Type C (Incline must be 1/2w or greater) ..................1 gal. TopgardType F ............................................ ..................... . . . ..2 gals. Asphalt (Type consistent with incline) ........................15 lbs. max. Fibrated Aluminum Roof Coating .......... ..............................2 gals. For immediate application, apply over Topgard B which has been allowed to dry. Otherwise apply over asphalt surfacing which has weathered over one summer. 07500 /MAN BuyLine 5318 Application Procedures Gravel or Slag Surfaced Roofs. Surfacing material meeting ASTM Specification D- 1863 -83 is acceptable, using 400 lbs. of gavel or 300 lbs. of slag, applied in a flood coat of approximately 60 Ibs_ of hot asphalt per square_ Wood Nailers— Non - Nailable Decks: When wood milers are installed to non- nailable deck, all felts are to be run parallel to the direction of the roof incline. locate one fastener in the leading edge of the ply or cap sheet felt at each nailing strip, being sure each nail is covered by succeeding plies_ All nails or other fastener; must be driven through caps unless the fastener has an integral flat cap no less than V across. Mechanical Fasteners — Steeper Nailable Decks: The type of finished roof surfacing and the deck incline govern the requirement of additional mechanical fastening of roofing systems over nailable substrates. The limitations are: Smooth surface ...... ............................ .............................2" or over Gravel surface ............................................... ................... 1 "or over Mineralcap ............................................ ............................1" or over Felts used in smooth surfaced roofs, on inclines up to 2" per foot, gravel surfaced and mineral cap roofs, on inclines up to 1" per foot, may be installed horizontally, or perpendicular to the roof incline. Felts used in smooth surfaced roofs on inclines over 2" per foot, gravel surfaced roofs, and mineral surfaced roofs on inclines over 1" per foot must be installed parallel to the roof incline. Finishing felts and mineral surfaced cap sheets are to be "back nailed" akng the leading edge in rows spaced as shown in the following table depending on the roof incline and surfacing treatment, being sure each fastener is covered by succeeding plies. Surfacing Roof Incline Spacing of Fastener Rows Smooth 2" -3" 20' OC 3 "-4" 10' OC 4 "-6" 4' OC Gravel 1" -2" 20' OC 10' OC Mineral Cap 1 " -2" 20' OC 2" -3" 10' OC 3 " -6" 4' OC All nails or other fasteners must be driven through caps, unless -� the fastener has an integral flat cap no less than 1" across_ Manville n7 -qnn /L4AN bUyLine wit; Four Ply, Specification No. 4GIG Gravel - Surface For use over Concrete or other Non - Nailable Fiber Glass Decks and Fesco® BoaW, Fes - Core; Built -Up Roofs Fesco Foam," UltraGard Gold ,0 or Approved Insulation on inclines of up to 3" per foot For Regions 1, 2 and 3 UL Classification Class A Deck: Non - Combustible or V4" Plywood Max. Slope: 3" Insulation: None, Fesco, Fesco Foam, Fes -Core Max. Slope: l" Insulation: UltraGard Gold Option: 1/2" Retro-Fit Board can be used over any of the above insulations but it is not acceptable by Itself. Surfacing: Asphalt and gravel. Deck: Combustible Max. Slope: 1" Insulation: None, Fesco, Fesco Foam, Fes -Core, UltraGard Gold Option: I /2" Retro-Fit Board can be used over any of the above insulations but it is not acceptable by itself. Surfacing: Asphalt and gravel Gravel a, J ur Slag , G PpVO o. cD Three Ply, Specification No. 3GIG Gravel- Surface For use over Concrete or other Non - Nailable Fiber Glass Decks and Fesco® Board, Fes - Core," Built -Up Roofs Fesco Foam ,O UltraGard Gold ,8 or Approved Insulation on inclines of up to 311 per foot For Regions 1, 2 and 3 UL Classification Class A Deck: Non - Combustible or a/4" Plywood Max. Slope: 3" Insulation: None, Fesco, Fesco Foam, Fes -Core Max. Slope: l" Insulation: UltraGard Gold Option: Ile Retro -Fit Board can be used over any of the above insulations but it is not acceptable by itself. Surfacing: Asphalt and gravel. Deck: Combustible Max. Slope: V Insulation: None, Fesco, Fesco Foam, Fes -Core, UltraGard Gold Option: 1/20 RetnrFit Board can be used over any of the above insulations but it is not acceptable by itself. Surfacing. Asphalt and gravel Nan - Nailable Deck or Approved Insulation Concrete Primer (If Required) 111h- Exposure rn Asphalt T T M— to z ooa o GlasPly Premier o".00O or GlasPly IV oeC Gravel lk ^Q or Slag. Asphalt CYCLONE RQOF'ING CO. P. 0. Box 1279 MATTHEWS, NC 28106 Manville r, 1' 07500 /MAN BuyUne 5318 Base Flashing Specification No. DFE -1 (LB) For use over Load Bearing Masonry Construction with Nailing Facilities For Regions 1, 2 and 3 If Metal Flashing is Omitted, MBRFIashing Metal Counter Cement is Recommended: Bestile may be Flashing May Substituted Be Used Concrete o Primer "�' DynaFlex Leave Dry Asphalt or MBR Flashing 8" Min to 24" Max. Cement T^ Modlfied Bitumen or Built- UpRoofing Asphalt Membrane Base Sheet or Ply Sheet Specification No. DFE -1 (NLB) For use over Decks with Non Load Bearing Walls For Regions 1, 2 and 3 Nails 12" o.c. Fibrous Glass Insulation in Felt Envelope Leave Dry Metal Coping Nails 4" o.c. DynaFlex Asphalt or MBR Bonding Cement Roof Membrane 53 Guarantee No. Manville >� Signature Series�j: No Dollar Limit Watertite Roof in System Guarantee ✓�'T ' Building Name IIIrjjr Building Address I �: Building Owner Owner's Address Applied by Completion Date Roof Spec. Roof Area Flashing Spec. Lin. Ft. Flashing ,•, Insulation Type Insulation Spec. >; Accessories (Type and Quantity) >r' Manville Products Corporation* Guarantees to the Owner, that for a period of years frw its om etion date, 0, �l Manville will at its expense, repair or cause to be repaired the Roofing System described in this Guaran e h xt t n essary to 3 return the Roofing System to a watertight condition. ps 3 COVERAGE �{. During this Guarantee's term, Manville will take appropriate action to repai eak whic ay r th u h t offing ystem attributable to ordinary wear and tear of the Roofing System or whit a eq ire b se o m hip efi in its application..4 WHAT TO DO IF YOUR ROOF LEAKS In the event any leak should occur through t fi Sy a 1. Building Owner must notify Manvil strict i e u on discove of a ea .� 2. In response to t his notific viii n e in ecti of h rod t. a (i) if the leaks are esponsib 't of villa r th ra a limitations), Manville will take appropriate action to return 1� . the Ro S temate i ht c on sorb cost of this action, or if e I s t t po i it y anvill under this Guarantee, its representatives will advise the Building Owner of the p� pe d t® t of re requ ed to de at the Building Owner's expense which, if the Building Owner properly makes, I permit this ran a to remai effect for the unexpired portion of its term. Failure to make these repairs in a reasonable fa s id fur er obligation of Manville under this Guarantee. ll?"'4, 3. In the e condition g y exists which requires immediate repair to avoid substantial damage to the building or its hen ' ing content Owner may make essential temporary repairs. Manville will reimburse Building Owner for those reasonable repair expenses which would have been Manville's responsibility but for the emergency condition. i, D� LIMITATIONS >g THIS GUARANTEE IS NOT A MAINTENANCE AGREEMENT OR AN INSURANCE POLICY. It does not obligate Manville to repair the il,, Idi4 ARTICLE IX SEPARATION AND DISCIPLINARY ACTION 1.0 PURPOSE The purpose of this Article is to acquaint County employees with the causes and reasons for separation with regard to their employment. 2.0 POLICY When employee needs, economic stress, physical infirmity, retirement, death or punitive action warrant, steps to separate the employee from County service will be taken by the department head and /or the Manager (as necessitated). These steps are to be implemented fairly and objectively. 3.0 PROCEDURE All separations of employees from positions in the service of the County shall be designated as one of the following types and shall be accomplished in the manner indicated: 3.1 Resignation An employee may resign by notifying his department head (or in the case of department heads, the Manager) of the effective date as far in advance as possible. A minimum of two weeks is requested of all resigning personnel. 3.2 Reduction -in -Force In the event that a reduction in force becomes necessary, consideration will be given to the quality of each employee's past performance, the need for service, and seniority in determining those employees to be retained. Employees who are to be laid off because of reduction -in -force will be given at least one pay period notice of anticipated layoff. The duties performed by an employee laid off may be reassigned to other employees already working who hold positions in the appropriate classes. No permanent employee will be laid off while another person is employed on a part -time or temporary basis in the same class, unless the permanent employee is not Willing to transfer to the position held by the temporary employee. 3.3 Disability An employee may be separated for disability when the employee cannot perform the required duties because 7_5 of a physical or mental impairment. Action may be initiated by the employee or the County, but in all cases it must be supported by medical evidence as. certified by a competent physician. The County may require an examination at its expense and performed by a physician of its choice. Before an employee is separated for disability, a reasonable effort shall be made to locate alternative positions within County service for which the employee may be suited. 3.4 Retirement Whenever an employee meets the conditions set forth under the provisions of any retirement plans adopted by the Commissioners for County employees, the employee may elect to retire and receive all benefits earned under the retirement plan. 3.5 Death All compensation due in accordance with this Ordinance will be paid to the estate of a deceased employee. The date of death shall be recorded as the separation date for computing compensation due. 3.6 Suspension and Dismissal As discussed in the following section. 4.0 DISCIPLINARY ACTION, SUSPENSION AND DISMISSAL It is the intent of Orange County Government in establishing this policy to provide County employees a fair, clear and useful tool for correcting and improving performance problems, as well as to provide a process to assist management in handling instances of unacceptable personal conduct. Orange County recognizes that, consistent with sound employee relations practices, it is most important that disciplinary action, suspension and dismissal be administered in as near a uniform manner as possible. To assist all levels of- supervision.in promoting efficiency and equitable treatment for all employees the following is established: 4.1 Policy Any employee, regardless cf occupation, position or profession may be warned, demoted, suspended or dismissed for just cause. The degree and type of action taken shall be based upon the sound and considered judgment of the appropriate authority in accordance with the provisions of this policy. 4.2 Procedure An employee may be suspended, demoted, or dismissed by a department head with approval of the Manager (or in the case of department heads, by the Manager) because of failure in performance of duties and /or failure in personal conduct. An employee in the Sheriff's Department or Register of Deeds Office may be suspended, demoted, or dismissed by the respective department head for failure in performance of duties or failure in personal conduct. The employee, the Personnel Department, and the Manager will be immediately provided with a written notice citing an effective date, reasons for the action, and appeal rights available to the employee. Appeal rights will apply only to a permanent employee. The basis for any disciplinary action taken in accordance with this policy falls into one of the following categories: (1) Discipline imposed on the basis of job performance; (2) Discipline imposed-on the basis of personal conduct. The JOB PERFORMANCE category is intended to be used in addressing performance - related inadequacies for which a reasonable person would expect to be notified of and allowed the opportunity to improve. PERSONAL CONDUCT discipline is intended to be imposed for those actions for which no reasonable person could, or should, expect to receive prior warnings. 4.3 Job Performance Discipline and Dismissal This category covers all types of performance - related inadequacies. This policy does not require that progressive warnings all concern the same type of unsatisfactory performance; this policy only requires that the progressive warnings all relate to job performance. warnings administered under -this policy.are intended to bring about apermanent improvement in job performance; should the required improvement later deteriorate, or other inadequacies occur, the department head and /or supervisor may deal with this new unsatisfactory performance at the next level of discipline. Employees who are dismissed for unsatisfactory job performance shall receive az least three warnings; First, one or more oral warnings; second, a written warning to the employee documenting all relevant points covered in the disciplinary discussion; third, a final written warning which notifies the employee that failure to make the required performance 77 improvements may result in dismissal. In administering this policy, department heads and /or supervisors should be aware that, in part, the intent of this policy is to assist and promote improved employee performance, rather than to punish. 4.3.1 Oral Warning The Department Head and /or supervisor is responsible for assuring the satisfactory performance of work assigned to their department. When, in the judgment of the department head and /or supervisor, unsatisfactory performance occurs, then use of the disciplinary process may be appropriate. In a private discussion with the employee, the supervisor shall do the following: (1) Inform the employee that this is a warning, and not some other nondisciplinary process such as counseling; (2) Inform the employee of the specific performance deficiencies that are the basis; (3) Tell the employee what specific improvement must be made to correct the unsatisfactory performance; (4) Let the employee know what time is being allowed to make the required improvement; (5) Tell the employee of the consequences of failing to make the required improvements; NOTE: It is a recommended personnel practice to allow the employee to respond to the specific reasons for the warning. in some cases the response may affect the department head and /or supervisor's decision on whether to discipline the employee. Supervisors should also record the date and specifics of the warning for possible future use. 4.3.2 Written Warning In a private meeting with the employee the department head and /or supervisor shall: (1) Conduct a disciplinary conference with the employee; this disciplinary conference should follow the same steps as set forth for an oral warning; (2) Tell the employee that they will receive a written warning covering all w significant points of this conference; (3) Prepare and send to the employee a written warning covering significant points of the disciplinary conference; care should be taken to include the specific reasons for the warning. NOTE: Reference may be made in this warning to document an earlier oral warning. 4.3.3 Final Written Warning Before issuing the final written warning, the supervisor and department head should review the contents of the warning. The following steps shall be taken in issuing a final written warning: (1) Prepare a final written warning to the employee; care should be taken to include the specific reasons for the warning; (2) In private, conduct a disciplinary conference with the employee; at this conference, the specific reason for the action, the necessary improvements should be discussed; (3) Present the warning to the employee at the end of the conference; the employee should be informed, either orally or in a warning, that the failure to correct the unsatisfactory performance may result in dismissal. During the period after a final written warning has been given, the department head may choose to counsel with the employee concerning employment status before a decision to dismiss is made. such counseling should involve a discussion of the necessity for the employee's commitment to improve performance. As a part of this counseling, the department head may request the employee to take up to a day's leave with pay to consider whether or not the- employee wishes to continue employment with the County. This time away from the job site shall not be charged to the employee's vacation or sick leave; it shall be considered as the employee's assignment for that time not at the normal job site. It should be stressed to the employee that a decision to continue employment with the County will require a commitment to improve performance, and that a lack of improvement will lead to dismissal. Clearly, such a procedure is not suitable in all situations; the department head is 79 4.4 expected to use discretion to determine where such a procedure would benefit the employee and the County. 4.3.4 Dismissal Before an employee may be dismissed on the basis of job performance, the following shall occur: (1) The department head recommending -..dismissal.-should discuss the recommendation with, and receive the approval of the County Manager. (2) A pre- dismissal conference shall be held between management representative(s) and the employee. No attorneys or other such representatives for either party shall be present at this conference; a witness or security personnel may be present if management deems it necessary. The management representative shall present the employee with the specific reasons for the proposed. dismissal and a brief summary of the information which management believes supports and proposed dismissal in the conference. (3) If, at the end of the pre - dismissal conference, the management representative determines that dismissal is still justified, the management representative may present the employee with a letter of dismissal. This written notice must include specific reasons for the dismissal and the employee's right of appeal. However, the management representative may elect to defer the dismissal based on information presented by the employee, and reconsider the proposed dismissal. If, following such reconsideration, the decision is to dismiss, then no further pre - dismissal conference is required. (4) Upon dismissal on the basis of.job performance, an employee may be given up two weeks .notice. In exceptional circumstances, and.with prior approval of -the County Manger, a payment up to two weeks salary may be made in lieu of notice. Notice or pay in lieu of notice shall apply only to dismissals based on job performance. Personal Conduct Employees may be dismissed, demoted, suspended, warned or otherwise disciplined on the basis of unacceptable R personal conduct. Discipline may be imposed, as a result of unacceptable conduct, up to and including dismissal without any prior warning to the employee. Disciplinary demotions, suspensions, or dismissal for personal conduct require written notification to the employee. Such notification must include specific reasons for the discipline and notice of the employee's right of appeal. NOTE: Failure to give specific for the dismissal shall cause the legally ineffective, and may req attorney's fees to be paid to the limits for filing a grievance do employee receives written notice rights. 4.5 Suspension written reasons dismissal to be Are back pay and employee. Time not start until the of their appeal Investigatory or disciplinary suspension may be used by management in appropriate circumstances. However, the following provisions shall control its use: 4.5.1 An employee who has been suspended for either investigatory or disciplinary reasons must be placed on compulsory leave of absence without pay. 4.5.2 Investigatory suspension without pay may be used to provide time to investigate, establish facts, and reach a decision concerning an employee's status in those cases where it is determined the employee should not continue to work pending a decision. Also, the department head may elect to use investigatory suspension in order to avoid undue disruption of work or to protect the safety of persons or property. An investigatory suspension without pay shall not exceed 45 calendar days. However, the County Manager may extend the period of investigatory suspension without pay beyond the 45 -day limit. The employee must be 'informed in writing of the extension, the specific reasons for the extension and right of appeal. A copy of the above communication shall be sent to the Personnel Director and the County Manager. If no action has been taken by the department head by the end of 45 calendar days, and no extension has been made, one of the following must occur: Reinstatement of the employee with full back pay; appropriate disciplinary action based on the results of the investigation; reinstatement of the employee with up to three days pay deducted from the 0 back pay (See Section 4.5.4). 4.5.3 Investigatory suspension of an employee shall not be used for the purpose of delaying an administrative decision on an employee's work status pending the resolution of a civil or criminal court matter involving the employee. 4.5.4 An employee who has been suspended for investigatory reasons may be reinstated with up to three (3) days pay deducted from salary. Such determination is to be based upon the County Manager's determination of the degree to which the employee was responsible for or contributed to the reasons for the suspension. This period constitutes a disciplinary suspension without pay and must be effected in accordance with Sections 4.5.5 and 4.5.6. 4.5.5 An employee may be suspended without pay for disciplinary purposes for causes relating to any form of personal conduct or in conjunction with a final written warning for performance of duties. However, a disciplinary suspension without pay must be for at least one (1) full working day, but not more than three (3) working days. 4.5.6 An employee who has been suspended without pay must be furnished a statement in writing setting forth the specific acts or omissions that are the reasons for the suspension and the employee's appeal rights. Where suspension is for disciplinary reasons, a copy of the statement shall be forwarded, through administrative channels, to the Personnel Director for the purpose of monitoring the policy use. 4.5.7 If the employee fails to report back to work when requested or at the expiration date of suspension, the employee will be considered to have terminated employment, and any subsequent reinstatement or re- employment would.be on the basis of new employment. Any.leave of absence without pay must be fully documented. 4.6 Demotion Any employee may be demoted as a disciplinary measure. Demotion may be made on the basis of either unsatisfactory job performance or unacceptable personal conduct. (1) Job Performance - An employee may be demoted for unsatisfactory job performance after the employee E% 5.0 6.0 7.0 has received at least two prior warnings on performance. At least one of the warnings prior to demotion must be in writing. (2) Personal Conduct - An employee may be demoted for unacceptable conduct without any prior warnings. Cause for demotion on the basis of personal conduct does not have to be as serious as cause for dismissal. (3) Notice - An employee who is demoted must receive written notice of the specific reasons for the demotion, as well as notice of appeal rights. Disciplinary demotions may be accomplished in several ways. The employee may be demoted to a lower classification with or without a loss in pay. Or, the employee may be reduced to a lower step in the same pay grade with a corresponding loss of pay. In no event shall an employee's pay be lowered below step one of current pay grade, unless the employee is demoted to a lower classification. SPECIAL PROVISION - CREDENTIALS By statute, some duties assigned to positions in the County service may be performed only by persons who are duly licensed, registered or certified as required by the relevant law. All such requirements and restrictions are specified in the statement of essential qualifications or recruitment standards for such classifications. Employees in such classifications are responsible for maintaining current, valid credentials as required by law. Failure to maintain the required credentials is a basis for immediate dismissal without prior warning. An employee who is dismissed shall be given a written statement of the reason for the action and appeal rights. EMPLOYEE APPEAL OF DISCIPLINARY ACTION A permanent employee wishing to appeal the demotion, suspension or dismissal may present the matter in accordance with the provision of the grievance procedure that is prescribed in Article VIII of the Ordinance. EXIT INTERVIEW PURPOSE - Exit interviews are made to give management insights as to those reasons for employee turnover. The objective is to improve (through employee observations and suggestions) working conditions and to provide incentives that will evoke employee loyalty and contentment. 7.1 Policy M 4" ' , Each terminating permanent employee participates in an Exit Interview conducted by the Personnel Department. 7.2 Final Pay-Check 7.2.1 A terminating employee will receive a final pay check at the end of the last pay period worked. 7.2.2 Included in an employee's final pay check will be accrued vacation leave, paid in lump sum, along with actual hours worked. 7.2.3 An employee at termination will only receive pay for actual hours worked, and vacation leave. Holiday hours, Sick Leave hours, overtime or compensatory leave hours, or petty leave hours will not be paid to an employee at termination. 7.2.4 Once an employee has given resignation, accumulated holiday, sick, overtime or compensatory, and petty leave hours, will not be counted toward actual hours worked in supplementing or determining last day of employment. 7.2.5 Final pay checks will not be released until all County property has been turned over to the department head or supervisor. E- THOMAS J. HARRELSON SECRETARY Mr. Moses Carey, Jr., Chairperson Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear Mr. Carey: DGGI�aMC�f�; i OCT -- 6 PUBLIC TRANSPORTATION & RAIL DIVISION POST OFFICE BOX 25201 919/733 -4713 FAX 919/733 -1391 RE: Project No. 93 -18 --044 Work Order 9.9043315 The enclosed original agreement for the above project was executed by the Secretary of Transportation on October 2, 1992. The period of performance for allowable costs incurred against the subject project is from July 1, 1992 to December 31, 1993. Any allowable costs incurred against the subject project agreement during this period will be eligible for reimbursement from the department. Please identify this project using Project No. 93 -18 -044 and Work Order 9.9043315 on all correspondence. If you have any questions regarding the contract or other related matters, please contact me directly. Otherwise, the staff representative assigned to the project is Mike Kozak. Sincerely, P1, Miriam S. Perry, Manager Financial Management Unit Enclosures cc: J. Bruce Dillard, NCDOT An Equal Opportunity /Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611 -5201 JAMES G. MARTIN October 5, 1992 GOVERNOR THOMAS J. HARRELSON SECRETARY Mr. Moses Carey, Jr., Chairperson Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear Mr. Carey: DGGI�aMC�f�; i OCT -- 6 PUBLIC TRANSPORTATION & RAIL DIVISION POST OFFICE BOX 25201 919/733 -4713 FAX 919/733 -1391 RE: Project No. 93 -18 --044 Work Order 9.9043315 The enclosed original agreement for the above project was executed by the Secretary of Transportation on October 2, 1992. The period of performance for allowable costs incurred against the subject project is from July 1, 1992 to December 31, 1993. Any allowable costs incurred against the subject project agreement during this period will be eligible for reimbursement from the department. Please identify this project using Project No. 93 -18 -044 and Work Order 9.9043315 on all correspondence. If you have any questions regarding the contract or other related matters, please contact me directly. Otherwise, the staff representative assigned to the project is Mike Kozak. Sincerely, P1, Miriam S. Perry, Manager Financial Management Unit Enclosures cc: J. Bruce Dillard, NCDOT An Equal Opportunity /Affirmative Action Employer DEPARTMENT OF TRANSPORTATION ) and ) COUNTY OF ORANGE ) NONURBANIZED AREA PUBLIC TRANSPORTATION GRANT Ate' ,l• c 0 • � 0U61 MM191 PROJECT NO. 93 -18 -044 THIS AGREE= made this the 2&d day of 19qt, by and between the DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the "Department ", an agency of the State of North Carolina) and the COUNTY OF ORANGE (hereinafter referred to as the "Contractor "). WHEREAS, Section 18 of the Federal Transit Act (49 U.S.C. app 1601 et seq.), as amended, provides federal capital assistance for public transportation in rural and small urban areas by way of a formula grant program to be administered by the State; and WHEREAS, the purposes of Section 18 are to enhance access of people in nonurbanized areas for purposes such as health care, shopping, education, recreation, public services, and employment by encouraging the maintenance, development, improvement, and use of passenger transportation systems; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statues designates the Department of Transportation as the agency of the State of North Carolina responsible for administering all federal and /or State programs relating to public transportation, and granted the Department authority to do all things required under applicable federal and /or State legislation to properly administer the public transportation within the State of North Carolina; and WHEREAS, The Governor of North Carolina, in accordance with Section Page 2 of 15 18(a) of the Federal Transit Act, as amended, has designated the North Carolina Department of Transportation as the agency to receive and administer federal funds under this program. WHEREAS, in order to assist in providing incidental transportation services, the Department, under the terms of this Agreement shall make a grant of capital assistance to the COUNTY OF ORANGE. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the Department and the Contractor agree as follows: Section 1. ose of Agreement. The purpose of this Agreement is to provide for the undertaking of a nonurbanized area public transportation project (hereinafter referred to as "Project ") by the Contractor and to state the terms, conditions, and mutual undertakings of the parties as to the mariner in which the Project will be undertaken and completed. Section 2. Scope of Project. The Contractor shall undertake and complete the Project in accordance with the procedures and guidelines set forth in the Federal Transportation Administration (hereinafter referred to as "M') Circular 9040.1B, dated July 1, 1988, the State Management Plan for the Section 18 Program (hereinafter referred to as "State Management Plan"), the Project Application and Transportation Development Plan for the County of Orange. The aforementioned documents, and any subsequent amendments or revisions thereto, are herewith incorporated by reference, and are on file with and approved by the Department. The Public Body shall adhere to the standards established by the Office of Management and Budget Circular A -102, Attachment G, dated January, 1981 and additions or amendments thereto, for "Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments ", and in accordance Ath the terms and conditions of this Agreement. Page 3 of 15 Section 3. Limitations of Project. This Agreement shall be subject to, and the availability of funds contingent upon, the terms and conditions of a grant agreement between the FTA and the Department. Section 4. Period of Performance. The Contractor shall commence, carry on, and complete the Project as described in the Approved Project Budget from July 1, 1992 to December 31, 1993. This Agreement shall remain in effect until the Contractor has satisfactorily disposed of all project equipment in accordance with Sections 14 and 15 of this Agreement. Section 5. Cost of Project. The total cost of the Project, approved by the Department and FTA, is SIXTY -SEVEN THOUSAND, FOUR HUNDRED FIFTY -FIVE DOLIARS ($67,455) as set forth by Appendix A, Project Description and Budget. (a) State Share. The Department shall provide, from federal and State fiords, eighty -five (85 %) percent of the actual net cost of the Project, not in excess of FIFTY -SEVEN THOUSAND, THREE HUNDRED THIRTY -SIX DOLLARS ($57,336). (b) Local Share. The local share must be provided from source other than federal funds, except where specific legislative language of a federal program permits its funds to match other federal funds. The Contractor hereby agrees that it will provide fifteen (15 %) percent of the actual net cost of the Project. The net cost is the price paid minus any refunds, rebates, or other items of value received by the Contractor which have the effect of reducing the actual cost. The Contractor shall initiate and prosecute to completion all actions necessary to enable the Contractor to provide its share of Project costs at or prior to the time that such funds are needed to meet Project costs. The Contractor shall provide its share of Capital costs from sources other than FTA funds. Page 4 of 15 (c) Capital Expenditures. In order to assist the Contractor in financing the capital costs of the Project, the Department will reimburse the Contractor for eighty -five (85%) percent of allowable capital costs not in excess of FIFTY- SEVEN THOUSAND, THREE HUNDRED THIRTY -SIX DOLLARS ($57,336). (d) Payment. Progress payments based upon actual allowable net costs may be made upon receipt of an itemized invoice, supported by documentation of costs from the public body. Any partial invoices and the Project's final invoice shall be approved by the Public Transportation and Rail Division and the Department's Fiscal Section prior to payment in accordance with Departmental procedures. Any costs in excess of the Project Budget, or any cost deemed ineligible for reimbursement by the Department in accordance with the terms of this Agreement, shall be borne in full by the Contractor. A retainage of five percent (5%) of the approved payment may be withheld until the approved the Project is completed, accepted, and the final audit has been made. The Department may waive the retainage requirement on capital expenditures in excess of $10,000 if so requested by the Contractor. Any cost deemed ineligible for reimbursement by the Department shall be deducted from the invoice payment or from the retainage before the final payment is made. Any rejected or unaccepted costs shall be borne by the Contractor. The Contractor agrees that in the event the FTA or the Department determines, due to rules and /or regulations of the FTA or the Department, that grant fiords must be refunded, the Contractor shall reimburse and pay to the Department a sum of money equal to the total amount of grant funds to be refunded to the FTA in addition to the corresponding amount of Department match if so required by the Department. Section 6. Records and Reports. Page 5 of 15 (a) Establishment and Maintenance of Accounting Records. The Contractor shall establish and maintain, in accordance with requirements established by the Department, separate accounts for the Project, to be known as the Project Account, either independently or within its existing accounting system. The Department shall have the right to inspect the Project Account as necessary. (b) Documentation of Project Costs. All charges to the Project Account shall be supported by properly executed invoices, contracts, or vouchers evidencing in detail the nature and the propriety of the charges, as referenced in 49 CFR Part 18. (c) Allowable Costs. Expenditures made by the Contractor skull be reimbursed as allowable costs to the extent they meet all of the requirements set forth below. They must be: (1) based on work completed to the satisfaction of the Department within the time frame established by the approved Project, and further be made in conformance with the approved Annual. Budget and all other provisions of this Agreement; (2) necessary in order to accomplish the Project; (3) actual net costs to the Contractor, defined as the price paid minus any refunds, rebates, or other items of value received by the Contractor which have the effect of reducing the cost actually incurred, including credit for fuel or sales taxes paid by local governments and private nonprofit organizations eligible to file for such tax refunds from the appropriate State or Federal office; (4) incurred and be for work performed within the periods of performance specified in this Agreement, unless specific authorization from the Department to the contrary is received; Page 6 of 15 (5) in conformance with the standards for allowability of costs set forth in OMB Circular A -87, "Principles For Determining Costs Applicable to Grants and Contracts With State, Local, and Federally Recognized Indian Tribal, Governments "; and (6) treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Department. (d) Checks, Orders, and Vouchers. Any check or order drawn by the Contractor with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Contractor stating in proper detail the purpose for which such check or order is drawn. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and to the extent feasible kept separate and apart from all other such documents. (e) Reports. The Contractor shall advise the Department regarding the progress of the Project at such time and in such manner as the Department may require throughout the useful life of the Project equipment as defined in Section 12 herein. These reports shall be used, in part, to document utilization of the Project equipment. Failure to carry out the requirements set forth in this Section, or to fully utilize the project equipment in the manner directed by the Department, shall constitute a breach of contract and, after written notification by the Department, may result in termination of the Agreement or any such remedy as the Department deems appropriate. The Department shall provide all instruction, guidance, or forms necessary to prepare such reports. The Contractor shall retain the reports for a period of three (3) years after the reporting period. The Department Page 7 of 15 shall have the right to inspect such retained data as necessary. (f) Audits. In accordance with Office of Management and Budget (CHB) Circular A -128, "Audits of State and Local Goverment ", dated April 2, 1985, and the Single Audit Act of 1984, the Contractor shall arrange for an independent financial and compliance audits of its fiscal operations. The Contractor shall furnish the Department with a copy of the independent audit report within thirty (30) days of completion of the report, but no later than one (1) year after the end of the audit period. Section 7. Contracts Under This Agreement. Unless otherwise authorized in writing by the Department, the Contractor shall not assign any portion of the work to be performed under this Agreement, or execute any contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the Department. Further, the Contractor shall incorporate the provisions of this Agreement into any vehicle lease arrangement and shall not enter into any vehicle lease arrangement without the prior concurrence of the Department. Any lease approved by the Department shall be subject to the conditions or limitations governing the lease of Project equipment as set forth by FTA and the Department. Section 8. Purchase of Project Equipment. The purchase of project equipment pursuant to this Agreement shall be undertaken in accordance with either of the options in this Section: (a) Purchase b X the Department. The Department may act as the procurement agency on behalf of the Project, purchasing equipment through the North Carolina Department of Administration, Purchase and Contract Division. Page 8 of 15 (b) Purchaseby the Contractor. The Contractor may purchase project equipment utilizing procurement procedures set forth in North Carolina General Statute 143 -129, and FTA Circular 4220.1B, and any subsequent amendments or revisions thereto. The Contractor shall submit Invitations To Bid and Requests For Proposals to the Department for review and approval. If formal advertising is used for a procurement, the Contractor shall submit to the Department a tabulation of all bids received, certified by an authorized official of the Contractor's organization; copies of correspondence pertaining to exceptions to the approved specifications; and a copy of the bid submitted by the low, responsive bidder recommended for the bid award by the Contractor. The Department shall approve the bid award prior to the execution of any agreement between the Contractor and the selected bidder. Section 9. Title to Vehicles. The Certificate of Title to all vehicles purchased under the Project shall be in the mane of the Contractor. The Public Transportation Division shall be recorded on the Certificate of Title as first lienholder. In the event of Project termination or breach of Contract provisions, the Contractor shall, upon written notification by the Department, surrender Project equipment and /or transfer the Certificate(s) of Title for Project equipment to the Department or the Department's designee. Section 10. Use of Project Equipment. The Contractor shall use all project equipment for the duration of its useful life in the manner specified in the Project description contained in the approved grant application. With the prior written approval of the Department, Project equipment may be used for other purposes provided that these other uses are consistent with uses outlined in the Transportation Development Plan and do not interfere Page 9 of 15 with the primary purpose of service provisions. The aforemented documents, and any subsequent amendments or revisions, thereto, are herewith incorporated by reference. If any Project equipment is not used in accordance with this Section or is withdrawn from the transportation service, whether by planned withdrawal or casualty loss, the Contractor shall immediately contact the Department. If the Department determines that Project equipment is not being fully utilized, the Contractor shall transfer or dispose of the Project equipment at the direction of the Department. Failure to carry out the requirements set forth in this Section shall constitute a breach of contract and, after notification by the Department, may result in termination of the Agreement. Section 11. Maintenance and Inspection. The Contractor shall maintain all project equipment at a high level of cleanliness, safety, and mechanical soundness. The Department shall conduct inspections, not less than once every two (2) years, to confirm proper maintenance pursuant to this Section and use compliance in accordance with Section 11 of this Agreement. The Contractor shall maintain all records of maintenance deemed necessary and appropriate by the Department until disposition of Project equipment. Section 12. Insurance. The Contractor shall be responsible for protecting the federal and state financial interests in project equipment purchased under this Agreement throughout the useful life of the equipment. The Contractor shall provide, on an annual basis and in such manner as the Department may require, written documentation that all equipment is insured against loss in an amount equal to or greater than eighty -five (85x) percent of the real value of the equipment. Failure of the Contractor to provide adequate insurance shall be considered a breach of contract and, after notification by the Department, may result in termination of this Agreement. Page 10 of 15 Section 13. Useful Life of Project Equipment. "Useful life" for all Project equipment shall be determined by the Department. Upon the end of the period of useful life, the Contractor may dispose of Project equipment after notifying and receiving disposition instruction from the Department. Section 14. Disposition of Project Equipment. The Contractor shall dispose of all project equipment in accordance with General Statutes 143 -64.1 through 143 --64.5 and the provisions of OMB Circular A -102, dated January 1981. (a) Disposition of Equi nt at the End of Useful Life. Fair market value shall be deemed to be the value of the property as determined by at least two (2) competent appraisals at the time of disposition. Loss of value as a result of negligence, maintenance practices of the Contractor, or other causes outside of normal use are the responsibility of the Contractor and may, at the discretion of the Department, be added to the fair market value. (b) Loss of Project Equipment Due to Casualty or Fire. Fair market connection with the execution of value shall be deemed to be equal to the damages paid by the Contractor's insurance carrier or from the self - insured reserve account. In no event shall salvage value be considered as fair market value for project equipment. Section 15. Interest of Members of or Delegates to Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. Section 16. Prohibited Interest. No member, officer, or employee of the Department or of the Contractor shall have any interest, direct or indirect, in this Agreement or the proceeds therefrom. Section 17. Equal Employment Opportunity. In connection with the execution of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, or Page 11 of 15 national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. Section 18. Title VI - Civil Rights Act of 1964. The Contractor will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252), the Regulations of the U.S. Department of Transportation issued thereunder (CFR Title 49, Subtitle A, Part 21), FTA Circular 4702.1, "Title VI Program Guidelines for FTA Recipients" dated May 26, 1988. The aforementioned documents and any subsequent amendments or revisions thereto, are herewith incorporated by reference. Section 19. Disadvantaged Business Enterprises. (a) Policy. It is the policy of the Department that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 23 shall have the maxim= opportunity to participate in the performance of contracts financed in whole or in part with federal funds under the Agreement. Consequently, the DBE requirements of 49 CFR Part 23, and any subsequent amendments or revisions thereto, apply to this Agreement. (b) DBE_ Obligation. The Contractor or its subcontractors agree(s) to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard the Contractor or its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 and FEA Circular 4716.1A, dated July 26, 1988, and any subsequent amendments or revisions thereto, to ensure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. Contractors and Page 12 of 15 their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance. of Department assisted contracts. (c) Subcontracts. The Contractor shall advise each subrecipient, contractor, or subcontractor that failure to carry out the requirements set forth in 49 CFR subsection 23.43(1) shall constitute a breach of contract and, after the notification of the Department, may result in termination of the Agreement or contract by the Contractor or such remedy as the Contractor deems appropriate. (d) DBE Program. If as a condition of assistance the Contractor has submitted and the Department has approved a Disadvantaged Business Enterprise program which the recipient agrees to carry out, this program is incorporated into this Agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of the financial assistance Agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the Agreement or other measures that may affect the ability of the Contractor to obtain future FT'A financial assistance. Section 20. Section 504 - Rehabilitation Act of 1973. The Contractor will comply with all the requirements imposed by Section 504 of the Rehabilitation Act of 1973 (P.L. 93 -112, 29 U.S.C. 790 et sect), the Regulations of U.S. DOT issued thereunder (CFR 'Title 49, Part 27), and the assurance by the Contractor pursuant thereto. The aformentioned documents and any subsequent amendments or revisions thereto, are herewith incorporated by reference. Section 21. Americans with Disabilities Act. The contractor shall Page 13 of 15 comply with all the requirements of the Americans with Disabilities Act of 1990 (P.L. 101 -336), the Regulations of the U.S. Department of Transportation issued thereunder (CFR Title 49, Parts 37 and 38), and the assurance of the Contractor pursuant thereto. Section 22. Section 13(c) - Labor Standards. In connection with the execution of this contract, the Contractor shall protect the interest of employees affected by federal assistance as part of the Project, as provided by Section 13(c) of the Federal Transit Act, as amended, and the assurance by the contractor pursuant thereto (Appendix B). The Contractor shall be financially responsible for the application of the Section 13(c). Section 23. Contract Changes. Any proposed major changes in this Agreement that would result in changes in the scope, character, or complexity of the Agreement, as determined by the Department, shall require a supplemental agreement. Any proposed minor changes in this Agreement may be authorized by the Department's Director of Public Transportation, or his delegate, by notifying the Contractor in writing of the approved changes. Section 24. Termination of Agreement. (a) The Department of Transportation. In the event of the Contractor's noncompliance with any of the provisions of the Agreement, the Department may terminate the Agreement by giving the Contractor thirty (30) days advance notice. The Department, before issuing notice of Agreement termination, shall allow the Contractor a reasonable opportunity to correct for noncompliance. Noncompliance with the nondiscrimination section of this Agreement may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for contracts in accordance with procedures authorized in Executive Orders No. 11246 and No. 11375, and such other sanctions may be imposed and remedies invoked as provided in the said Page 14 of 15 Executive Order, and as supplemented in Department of Labor regulations (41 CFR, Part 60), or as otherwise provided by law. (b) The Contractor. The Contractor may terminate its participation in the Project by notifying and receiving the concurrence of the Department thirty (30) days in advance of the termination. (c) Action Ypon Termination. Upon the termination of this Agreement, the Contractor shall dispose of all project equipment acquired tinder the Agreement in accordance with the provisions of Sections 10, 11, and 15 of this Agreement. Section 25. Resolution of Disputes. In any dispute concerning a question of fact in connection with the Project, the decision of the Secretary of North Carolina Department of Transportation shall be final and conclusive for all parties. Page 15 of 15 IN WITNESS WHEREOF, this Agreement has been executed by the Department, an agency of the State of North Carolina, and the Contractor by and through a duly authorized representative, and is effective the date and year stated herein. TITLE:�l7a. (SEAL) -, MAP VE �! ii. _f . TITLE: Secretary DEPARTMENT OF TRANSPORTATION LIWA Appendix A RESOLUTION Applicant Seeking Permission to Apply for Section 18 Funding, Enter into Agreement with the North Carolina Department of Transportation and Provide the Necessary Assurances. A motion was made by (so rd Membws Name) Commissioner and seconded by aa. d xemhwa Nam@) Commissioner for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, the North Carolina Department of Transportation has received a grant from the US Department of Transportation authorized by Section 18 of Urban Mass Transportation Act of 1964, as amended, to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering funds received through Section 18 of the Urban Mass Transportation Act of 1964; and WHEREAS, (AppliceaexN.) The COLMty of Orange hereby assures and certifies that it will comply with the Federal Statutes,- regulations, executive orders, the Special Section 13 (c) Warranty, and all administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the *(Auomised of ewa nue) of (Name of I.mal Governing sated) Or is hereby authorized to submit a grant application for funding under Section 18 of the Urban Mass Transportation Act of 1964, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. I Beverly A. Blythe Clerk to the Board *( Ceralying Offimrs Name) (Title of certifying Omcw) do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Local Governing Board) .QQ9Q Bo ,duly held on the ._. t:weny -f j r_ st day of .1aniial - - , 19 92 (Signature of Certifying Official) '04 r,,.e- (Name of Iocal Governing Board) -orqn2e Subscribed and sworn to me this t 1 day of rz 19 (Seal *Notary Public LAY commission expires // `3y- 9-3 Address Re,- U/91 ":Note: The otiicial authorized to submit the grant application, certifying official, and notary public should be three (3) separate individuals. -23- FIWN 10 O* SPECIAL SECTION 13(c) WARRANTY FOR APPLICATION TO THE SMALL URBAN AND RURAL PROGRAM The following language shall be made part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under Section 18 of the Act: A. General Application The Public Body (The North Carolina Department of Transportation) agrees that in the absence of waiver by the Department of Labor, the terms and conditions of this warranty, as set forth below, shall apply for the protection of the transportation related employees of any employer providing transportation services assisted by the Project, e , (Legal Naive ot App icant Recipient) and the transportation related employees of any other surface public transportation providers in the transportation service area of the project. The Public Body shall provide to the Department of Labor and maintain at all times during the Project an accurate, up -to -date listing of all existing transportation providers which are eligible Recipients of transportation assistance funded by the Project, in the transportation service area of the Project, and any labor organizations representing the employees of such providers. Certification by the Public Body to the Department of Labor that the designated Recipients have indicated in writing acceptance of the terms and conditions of the warranty arrangement will be sufficient to permit the flow of Section 18 funding in the absence of a finding of noncompliance by the Department of Tabor. B. Standard Terms and Conditions (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient and any other legally responsible party designated by the Public Body to assure that any and all transportation services assisted by the Project are contracted for and operated in such a manner that they do not impair the rights and interests of affected employees. The term "Project ", as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds, but shall include any changes, whether organizational, operational, -32- technological, or otherwise, which are a result of the assistance provided. The phrase "as a result of the Project ", shall when used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about by causes other than the Project ( including any economies or efficiencies unrelated to the Project) are not within the purview of this arrangement. An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his position with regard to his employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because of the total or partial termination of the Project discontinuance of Project services, or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of the Model Agreement or applicable provisions of substitute comparable arrangements. (2) (a) Where employees of a Recipient are represented for collective bargaining purposes, all Project services provided by that Recipient shall be provided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. (b) The Recipient or legally responsible party shall provide to all affected employees sixty (60) days notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces. In the case of employees represented by a union, such notice shall be provided by certified mail through their representatives. The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs in the Recipient's employment available to be filled by such affected employees. (c) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a union for collective bargaining purposes. At the request of either the Recipient or the representatives of such employees, negotiations for the purposes of reaching agreement with respect to the application of the terms and conditions of this arrangement shall commence immediately. If no agreement is reached within twenty (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph (4) of this warranty. The foregoing procedures shall be complied with and carried out prior to the institution of the intended action. (3) For the purpose of providing the statutory required protections including those specifically mandated by Section 13(c) of the -33- I Act I, the Public Body will assure as a condition of the release of funds that the Recipient agrees to be bound by the terms and conditions of the National (Model) Se t ion 13(c) Agreement executed July 23, 1975, identified below , provided that other comparable arrangements may be substituted therefore, if approved by the Secretary of Labor and certified for inclusion in these conditions. (4) Any dispute or controversy arising regarding the application, interpretation, or enforcement of any of the provisions of this arrangement which cannot be settled by and between the parties at interest within thirty (30) days after the dispute or controversy first arises, may be referred by any such party to any final and binding disputes settlement procedure acceptable to the parties, or in the event they cannot agree upon such procedure, to the Department of Labor or an impartial third party designated by the Department of Labor for final and binding determination. The 'compensation and expenses of the impartial third party, and any other jointly incurred expenses, shall be borne equally by the parties to the proceeding and all other expenses shall be paid by the party incurring them. In the event of any dispute as to whether or not a particular employee was affected by the Project, it shall be his obligation to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of either the Recipient or other party legally responsible for the application of these conditions to prove that factors other than the Project affected the employees. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. 1 Such protective arrangements shall include without being limited to such provisions as may be necessary for (1) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) - under existing collective bargaining agreements or otherwise; (2) the continuation of collective bargaining rights; (3) the protection of individual employees against a worsening of their positions with respect to their employment; (4) assurances of employment to _employees of acquired mass transportation systems and priority of reemployment of employees terminated or laid off; and (5) paid training and retraining programs. Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no event provide benefits less than those established pursuant to Section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended. 2 For purposes of this warranty arrangement, paragraphs (1); (2); (5); (15); (22); (23); (24); (26); (27); (28); and (29) of the Model Section 13(c) Agreement, executed July 23, 1975 are to be omitted. -34- (S) The Recipient or other legally responsible party designated by the Public Body will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by these arrangements, or the union representative of such employee may file claim of violation of these arrangements with the Recipient within sixty (60) days of the date he is terminated or laid off as a result of the Project, or within eighteen (18) months of the date his position with respect to his employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over an extended period, the eighteen (18) month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. (6) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements, nor shall this arrangement be deemed a waiver of any rights, of any union or of any represented employee derived from any other agreement or provision of federal, state or local law. (7) In the event any employee covered by these arrangements is terminated or laid off as a result of the Project, he shall be granted priority of employment or reemployment to fill any vacant position within the control of the Recipient for which he is, or by training or retraining within a reasonable period, can become qualified. In the event training or retraining is required by such such employment or reemployment, the Recipient or other legally responsible party designated by the Public Body shall provide or provide for such training or retraining at no cost to the employee. (8) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient has received federal assistance under the Urban Mass Transportation Act and has agreed to comply with the provisions of Section 13(c) of the Act. This notice shall also specify the terms and conditions set forth herein for the protection of employees. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper application, administration, and enforcement of these arrangements and to the proper determination of any claims arising thereunder. (9) Any labor organization which is the collective bargaining representative of employees covered by these arrangements, may become a party to these arrangements by serving written notice its desire to do so upon the Recipient and the Department of Labor. In the event of any disagreement that such labor organization represents covered employees, or is otherwise eligible to become a party to these arrangements, as applied to the Project, the dispute as to whether such organization shall participate shall be determined by the Secretary of Labor. 5911 (10) In the event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the Public Body or Recipient of federal funds; provided, however, that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties thereto, and by any covered employee or his representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties thereto, in accordance with its terms. C. Waiver As a part of the grant approval process, either the Recipient or other legally responsible party designated by the Public Body may in writing seek from the Secretary of Labor a waiver of the statutory required protections. The Secretary will waive these protections in cases, where at the time of the requested waiver, the Secretary determines that there are no employees of the Recipient or of any other surface public transportation providers in the transportation service area who could be potentially affected by the Project. A thirty (30) day notice of proposed waiver will be given by the Department of Labor and in the absence of timely objection, the waiver will become final at the end of the thirty (30) day notice period. In the event of timely objection, the Department of Labor will review the matter and determine whether a waiver shall be granted. On the absence of waiver, these protections shall apply to the Project. D. Acceptance of WarranLZ I, Moses Carey, Jr.- Chair, County Commissioners do hereby (Name and Title) certify that the oran e (Legal Name of Applicant Recipient) has agreed to the terms and conditions of this Warranty and will accept this agreement as part of the contract of assistance with the North Carolina Department of Transportation. (SEAL) -36- February 11, 1992 (Date) APPENDIX A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AND RAIL DIVISION SECTION 18 GRANT 93 -18 -044 APPROVED BUDGET SUMMARY EFFECTIVE 07-01 -92 PROJECT SPONSOR: COUNTY OF ORANGE PROJECT DESCRIPTION: FY93 SECTION 18 PROGRAM I. TOTAL PROJECT EXPENDITURES DEPARTMENT -- 4524 CAPITAL (STANDARD) PERIOD OF PERFORMANCE JUL 01, 1992 - DEC 31, 1993 II. TOTAL PROJECT FUNDING $ 67,455 TOTAL FEDERAL STATE LOCAL CAPITAL (STANDARD) (100 %) ( 70 %) ( 15 %) ( 15 %) $ 67,455 $ 47,218 $ 10,118 $ 10,119 TOTAL $ 67,455 $ 47,218 $ 10,118 $ 10,119 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AND RAIL DIVISION SECTION 18 GRANT 93 -18 -044 APPROVED PROJECT BUDGET PROJECT SPONSOR: COUNTY OF ORANGE ACCOUNT TITLE APPROVED AMOUNT # DEPARTMENT 3452 - TRANSPORTATION REVENUE 263 SECTION 18 CAPITAL $ 47,218 373 CASH MATCH - SECTION 18 CAPITAL $ 10,118 383 SECTION 18 - CAPITAL $ 10,119 TOTAL $ 67,455 DEPARTMENT 4524 - CAPITAL (STANDARD) 543 01 24 PASSENGER SUS (REPLACEMENT) $ 39,980 545 01 VAN CONVERSION (REPLACEMENT) $ 25,375 548 01 WHEELCHAIR LIFT FOR VAN (REPLACEMENT) $ 2,100 TOTAL $ 67,455 Appendix A RESOLUTION r Applicant Seeking Permission to Apply-for Section 18 Funding, Enter into Agreement with the North Carolina Department of Transportation and Provide the Necessary Assurances. A motion was made by (Board Mernbe. Naar@) Comm is s i one and seconded by (Bard xc,.bae. Name) Commissioner for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, the North Carolina Department of Transportation has received a grant from the US Department of Transportation authorized by Section 18 of Urban Mass Transportation Act of 1964, as amended, to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering funds received through Section 18 of the Urban Mass Transportation Act of 1964; and WHEREAS, (ApplimnraName) The County of Orange hereby assures and certifies that it will comply with the Federal Statutes,- regulations, executive orders, the Special Section 13 (c) Warranty, and all administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the *(Authorised onsciare nue) chair _ of Wame omoco Gammmg Board) Oran is hereby authorized to submit a grant application for funding under Section 18 of the Urban Mass Transportation Act of 1964, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. I Beverly A. Blythe Clerk to the Board *(Gerd ying oul ar. Nana) (lisle of Certoing O®cial) ' do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Lacs1 Governing Board) .AQ98 - , duly held on the twenty— firsr_ day of , 19 92 (Signature of Certifying pfiicial) (Name of Local Governing Board) _ 0 n oe . Subscribed and sworn to me this I day of 4� 6rc.c q 2 19 (Seal? *Notary Public 2L '4a MY commission expires Address � Re:: alai :Tote: The official authorized to submit the grant application, certifying official, and notary public should be three (3) separate individuals. -23- Appendix A RESOLUTION i Applicant Bashing Permission to Apply for Section 18 Funding, Enter into Agreeraertt with the North Carolina Department of Transportation and Provide the Necessary Assurances. A motion was made by (Bond M..de. Nao,.) and seconded by (ao>:d ld. bw, Nam.) ZZL-15 �.CS for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, the North Carolina Department of Transportation has received a grant from the US Department of Transportation authorized by Section 18 of Urban Mass Transportation Act of 1964, as amended, to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation ( NCDOT) as the agency responsible for administering funds received through Section 18 of the Urban Mass Transportation Act of 1964; and WHEREAS, apocaae. Nan,.) The County of Orange that it will comply with the Federal Statutes, regulations, ereby assures and certifies lations executive orders, the Special Section 13 (c) Warranty, and all administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the *(Aath.e s.d oisaar.lntl.) MA i go of (Nam..f focal Gorwninff is hereby authorized to submit a grant application for funding under Section 18 of the Urban Mass Transportation Act of 1964, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. I - * r (cast ,rg oeeaar. Nam.) (TI of cast *inff ofl� dial) ' do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Nam of I"Cw1 Co.11r� 1300W) , duly held on the - day of , 19 92 (Signature of certifying ocr�cial) (Name of Lx al Governing Board) Subscribed and sworn to me this . day of (Seal) My commission expires Bev. 1]/91 19 *Notary Public naa.«s Ask * Note: The oiiidal authorized to submit the Smut application, certifying official, and notary public should be three (3) separate individuals. -23- 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.-ZL^(- ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 1992 SUBJECT:Resolution to Apply and enter into Agreement with N.C. Dept. of Transportation for UMTA Section 18 Capital funds DEPARTMENT: Aging - C.A.T. PUBLIC HEARING YES: X NO: ATTACHMENT(S): INFORMATION CONTACT: Resolution Jerry M. Passmore , ext. 2000 TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE:, To authorize a resolution to apply for UMTA Section 18 Capital funding and enter into an agreement with the North Carolina Department of Transportation. OACKGROUND: Orange County Commissioners approved on January 22, 1991 an updated Transportation Development Plan (TDP). The approved plan makes the County eligible for federal and state funding of vehicles and equipment requested in the document over a four year period. The plan for FY 92 -93 involves the purchase of one standard 24 passenger bus, one 24 passenger bus with a lift and one 14 passenger conversion van with lift for human services transportation. The C.A.T. (Coordinated Agency Transportation) Program will administer the grant and coordinate the use of approved equipment. The total cost is $ 111,215 with 60% requested from UMTA, 20% from the N.C. Department of Transportation and 20% from local agencies. Local match is provided by participating C.A.T. agencies assigned use of the equipment. The requested buses will be used by the Dept. on Aging, and orange Enterprises and the van request will be used by OCCHS. Based on Public Notice response, a public hearing on orange County's proposed UMTA Section 18 application will be held by the Orange County Human Services Transportation Advisory Board on Thursday, January 23, 1992 at 2:00 p.m., 300 W. Tryon St., Hillsborough, N.C. RECOMMENDATION (S) : The Manager recommends that the Board approve the resolution and authorize the Chair to sign necessary documents, subject to the review of the County Attorney. ,q` i -ai --f z./ Moses Carey, Jr. Alice M. Gordon Stephen H. Halldotis Verla C. Insko Don Willhoit ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 December 10, 1991 David D. King, Director State of North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC 27611 -5201 Dear Mr. King: 732 -8181 968 -4501 688 -7331 227 -2031 644 -3004 (Fax) In accordance with your instructions in your letter dated November 8, 1991 to Moses Carey, I am enclosing all four copies of the project agreement regarding Section 18 Grant 92 -18 -044. As I understand, you will have these agreements signed and return an executed copy to me for distribution. If I can be an further assistance, please let me know. I hope that you and your family will have a joyous and safe holiday season. Sincerely, Beverly A. Blythe, Clerk Board of Commissioners YOU COUNT IN ORANGE COUNTY 1 (D \J .Y Vunn .��ri'"• STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.Q. BOX 25201 RALEIGH 27611 -5201 JAMES G. MARTIN November. 8, 1991 GOVERNOR THOMAS J. HARRELSON SECRETARY Mir. Moses Carey, Chairman Orange County Board of Commissioners Courthouse 106 E. Margaret Lane Hillsborough, North Carolina 27278 Dear Mr. Carey: PUBLIC TRANSPORTATION & RAIL DIVISION POST OFFICE BOX 25201 919/733 -4713 Re: Section 18 Grant 92 -18 -044 Work Order 9.9043300'; 9-9050895/ :7. `7 n On October 11, 1991, the North Carolina Board of Transportation endorsed the Public Transportation and Rail Division's request to approve Category A funds for the County of Orange. The County of Orange has been awarded capital funding for a total of $174,615, of which $132,972 is Section 18 funds, $6,720 is State funds and $34,923 is local funds for the purchase of one,(1) converted van with lift, three (3) standard vans, two (2) center -aisle vans and two (2) mini -vans. We have enclosed three (3) originals of the project agreement to be executed between the County of Orange and the North Carolina Department of Transportation. The attached resolution authorizes the Chairman of the Orange County Board of Commissioners to enter into the agreement an behalf of your agency. Please sign each copy of the agreement and have your signature attested. If your agency has an official seal, each agreement should be stamped with the seal. DO NOT DATE THE AGREEMENTS; this will be done when they are executed in final form by the Department. Please return all copies of the agreement. An executed copy will be returned to you. The project agreement calls for eighty (80X) percent federal participation in capital expenses for Capital I and eighty (80X) percent state participation for Capital II. Attached to the agreement is the approved Project Budget (Appendix A). No capital expenses may be incurred under this agreement until final execution of the agreement by the Department. Chapter VIII of the State Management Plan details the procedures for procuring capital equipment under Section 18. An Equal Opportunity /Affirmative Action Employer The project and work order numbers referenced above have been assigned to your project. Please refer to these numbers in all future correspondence. For purposes of completing the project application, the County of Orange has previously agreed to the terms and conditions set forth in the Special Section 13(c) Warranty Agreement. As the language of the Warranty indicated, the Warranty has been included in Appendix B and referenced in Section 21 of the project agreement. No further action is required on this section. We look forward to working with you to provide the best possible transportation services for- Orange-County. If you have any questions, please contact Miriam S. Perry, Grants Administration Manager. DDK /jsm Enclosures Sincerely, 44-JA 4 David D. Kin Director s �= .-1 D STATE OF NORTH CAROLINA 10 1992 DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611 -5201 JAMES G. MARTIN June 8, 1992 PUBLIC TRANSPORTATION B RAIL DIVISION GOVERNOR POST OFFICE BOX 25201 919/733 -4713 FAX 919/733 -1391 THOMAS J. HARRELSON SECRETARY Mr. Moses Carey, Jr., Chairman Orange County Board of Commissioners 106 East Margaret lane Hillsborough, North Carolina 27278 Re: Section 18 Grant 93 -18 -044 Work Order 9.9043315 Dear Mr. Carey: The Federal Transportation Administration is currently reviewing the North Carolina Department of Transportation's application for finds under Section 18 of the Federal Transit Act Amendments of 1991. Although grant approval is not expected for another 30 -60 days, the Department will begin the contracting process with final execution to occur following FTA approval of the grant. The County of Orange has been awarded capital funding for a total of $67,455, of which $47,218 is Section 18 funds, $10,118 is state fiords and $10,119 is local funds. We have enclosed three (3) originals of the project agreement to be executed between the County of Orange and the North Carolina Department of Transportation. The attached resolution authorizes the Chairman of the Orange County Board of Commissioners to enter into the agreement on behalf of your agency. Please sign each copy of the agreement and have your signature attested. If your agency has an official seal, each agreement should be stamped with the seal. DO NOT DATE THE AGREEMENTS; this will be done when they are executed in final form by the Department. Please return all copies of the agreement. An executed copy will be returned to you. For purposes of completing the project application, the County of Orange has previously agreed to the terms and conditions set forth in the Special Section 13(c) Warranty Agreement. As the language of the Warranty indicated, the Warranty has been included in Appendix B and referenced in Section 21 of the project agreement. No further action is required on this section. An Equal Opportunity /Affirmative Action Employer IN The project agreement calls for eighty -five (85 %) percent State and federal participation in capital expenses. Attached to the agreement is the approved Project Budget (Appendix A). No capital expenses may be incurred under this agreement until final execution of the agreement by the Department. Chapter VIII of the State Management Plan details the procedures for procuring capital equipment under Section 18. The project and work order numbers referenced above have been assigned to your project. Please refer to these numbers in all future correspondence. We look forward to working with you to provide the best possible transportation services for Orange County. If you have any questions, please contact Miriam S. Perry, Manager, Financial Management Unit. DDK/ j sin Enclosures Sincerely, e­ DiaA,4 alo- David D. King Director 2-1 f Z THE ORANGE AMENDMENT NUMBER to CONSOLIDATED CONTRACT between THE STATE and HEALTH DEPARTMENT COUNTY 1.6 This Contract covering the period from 1 1 92 to 6 30 22 (Month) (Day) (Year -) ) (Month) (Day) (Year) is hereby amended to add the following activities: ACTIVITIES MATERNAL OUTREACH All provisions and clauses set forth in the Contract are hereby incorporated in this Amendment and constitute the terms and conditions applicable for the above activities involving State funding. CONTRACTOR SIGNATURES Health Director 1jate Finance Officer Date Chairman of Count y Date Commissioners / NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES William W. Cobey, Jr., Secretary By Department Head's Signature or Authorized Agent DEHNR 2946A (Revised 10/89) (Review 10/90) LOCAL HEALTH DEPARTMENT BUDGET N.C. Department of Environment, Revision Number Health, acrd Natural Resources Division of General Services Division of Maternal and Child H921tb P. O. Number SFY 1 92 6 /� g 2 5 1 1 3 Q�� 1 / 92 _ Contract Number Effective Date Termination Date Contractor: -Orange Count Project Director: Mr. Daniel B. Reimer E X P E N D I T U R E S R E C E I P T S ITEM DESCRIFI10N STATE EXPENDITURES: Salaries & Fringe Benefits Ope-abrig Expenses Purchase of Equipment General Contracted or Purchased Services School Health Clinician Laboratory Pharmacy Services Transfer TXIX Subtotal State Ac viry: Maternal Outreach Total Budget: $ 23 016 CLASSIFICATION ITEM AMOUNT SA/FR 1000 10 8nn OP EXP 2000 �nt WP 5000 GENERAL 6100 SCH HLTH 6200 CLAi 6863 RX SERV LOCAL EXPENDITURES: LOCAL EXP 9000 TOTAL EXPENDITURES - equal to Total Receipts LOCAL FUNDS: Appropriation TXIX /SSBG Fees Other Receipts Subtotal Local Funds STATE/FEDERAL /SPECIAL FUNDS: 1510- 6100 - 5113 -8762 1510 - 6100 - 5113 --3472 Subtotal APPROP 101 TXDVSSBG 102 O-Km REC 103 TOTAL RECEIPTS -- equal to Total Expenditures KAuthLocal orized Official Sf� a Date hold Finance Officer Signature — rLr.TV Inge in- i—A I Ian Date $2 $11,841 $11,175 $ 23,01 Division /Section Signature Fiscal Management Signature Date Date N.C. Department of Environment, Health, and Natural Resources Page Division of General Services FY CONTRACT ADDENDUM Maternal Health Branch Office, Section, or Branch -Orange County Health De artment Contractor 1 of 1 1992 925113068 Contract Number Maternal Outreach Activiry (1) By March 31, 1992 the Baby Love MOW(s) will be hired. (2) During April 1992 the Baby Love MOW(s) and local supervisor will participate in the basic training program provided by the Division of Maternal and Child Health. (3) By June 30, 1992 each Baby Love Maternal Outreach Worker will have developed a caseload of 20 -30 at -risk pregnant women (who have had MOW services initiated prior to their 28th week of pregnancy). (4) By July 15, 1992 the first semiannual report will be submitted. D1.HNR 3300 (Revised 2/90) General Services Division (Review 1/95) Reviewed by Initials Date O R A N G E C O U N T Y BOARD OF COMMISSIONERS 1I�y ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21 1992 SUBJECT: REPORT ON TANGLEWOOD ACRES SUBDIVISION: COMPLAINT OF KHYE WENG NG DEPARTMENT: PLANNING ATTACHMENT(S): 11/14/91 Memorandum to Board of Commissioners Tanglewood Acres Resolution of Approval 1 Action A enda Item #3 PUBLIC HEARING Yes _x —No INFORMATION CONTACT: Mary Scearbo Extension 2583 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To provide the Board with information on the appropriate course of action in response to a complaint concerning a condition of Preliminary Plat approval. BACKGROUND: Guat Cheng Ng appeared before the Board of Commissioners on December 17, 1991 seeking relief from a condition of Preliminary Plat approval for Tanglewood Subdivision. The Board of Commissioners referred the item back to the Planning Staff for review and a recommendation for further action. Summary of Case History The %h4lewood Acres Subdivision was approved by the Board of Commissioners". on -June 26, 1990.° One of the roads in tha``subdivision . v as' required 'to be- improved. to NCDOT standards for unpaved roads The,road was improved only to Class B private.road standards.. The applicant is seeking relief from further improving the road to the standards required in the Resolution of Approval. The justification presented by the applicant for relaxing.the requirement has focused on statements to the surveyor by NCDOT that no construction standards for unpaved roads existed. The Planning Staff believes that a logical response would have been to return to the approving agency to ask what standards should be applied. However, the staff was not made 2 aware of the problem until the road had already been improved to a lesser standard. A more detailed history of this issue is provided in the attached memorandum to the Board of Commissioners dated November 14, 1991. The Final Plat can be approved and released for recordation only when all of the conditions contained in the Resolution of Approval have been met. specific conditions of approval may be changed only through revising the Preliminary Plat. Action on such a request must be made by the original approving Board, which is the Board of Commissioners in this case. A revision follows the same procedures set forth in the Subdivision Regulations for Preliminary Plats. Preliminary Plat fees also apply,.which in this case would be $380.00 ($350.00 plus $5.00 per lot). RECOMMENDATION: As the Board decides. C11 ORANGE COUNTY PLANNING DEPARTMENT 3 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27275 r M E M O R A N D U M TO: Board of County Commissioners FROM: Mary._Scearbo, Planner III DATE: November 14, 1991 SUBJECT: Tanglewood Acres Subdivision You may have been contacted recently by Dr. and Mrs. Weng regarding a major subdivision. The following is a- summary of background information to describe the Wengs' situation. . The concerns of Khye Weng Ng and Guat Cheng Ng involve a requirement for a public road in the Tanglewood Acres Subdivision, approved on June 26, 1990. The subdivision contains 7 lots, and there are three roads involved. A sketch is provided below. The Preliminary Plat was approved with the requirements that Cheng Court be built to Class B private road standards, Benton Drive to be maintained at Class B private road standards and Storey Lane to be upgraded to NCDOT standards for unpaved roads. r\ 1. ,. 2.y' TANCLE»'o0D ACRES 1r'FA'G NC S GUAT CHENG A'G -_ (:n F�L AILL I w AnLz CO. -CA C: C'( u � 4 . On June 17, 1991, Staff received an incomplete rinal Pla application. Staff was told then that the roads were being built* and that the owners were out of town, but would come by on June 19th to pay the fees and sign the application form. On June 18, Staff received from the Erosion Control Officer the inspection- report- on the road construction. It was then discovered that (1) the roads had been installed without approval of an Erosion Control Plan or a Grading Permit, and (2) Storey Lane..had been built to Class B private road standards. Each of these conditions of approval was clearly stated in the Resolution of Approval which was signed by the owners. There was apparently some confusion as to "unpaved" public road standards. Had the Planning Staff been made aware of. this confusion before the road was built, it-..could have provided clarification and coordination between NCDOT and the applicant_ - A meeting took place on July 18 with the County Manager, ;, Cou.i ty„, Attorney, Planning Director, Planning Staff, NCDOT, the applicant,,- and the applicant's surveyor to discuss Storey Lane. The applicants desired to have Storey Lane remain. at Class B private read standards instead of upgrading it to a width which would be acceptable for NCDOT maintenance. At that meeting, the Planning Staff shared an April 20, 1990, letter received from NCDOT which outlined the construction standards that Storey Lane must meet (copy attached). The applicants expressed surprise concerning th existence of such standards, particularly in view of the fact tha their surveyor had contacted Mr. Joey, Hopkins of NCDOT and was told that specific standards for such roads did not' exist. It was explained that the staff could not authorize a change in the standards, because it would be in conflict with the conditions of the Preliminary Plat approved by the Board of Commissioners. Staff continued to provide assistance as needed, including arranging a meeting between NCDOT, the applicant and the grading contractor to discuss road standards. _ The applicant recently � r , b,e road standard 'dog ld ---be reduced to Class. B if there were wet.,Idts jin := the`dubdivision. TherE were . °•" -., several factors which d coiirbuted to the Staff recommendation ..P that Storey Lane bed ti `lic: First, it is classified as a re- existing" public. ro#i , did thus eligible for NCDOT maintenance;, ..., at unpaved " iCL1o' '; itandard�s. 6_cond, a partial right -of -way , ..._- 60A.ngct4 to Grao tone Lane of Storey Creek. When the property-to 'M the north of Ta"lewood Acres de�l`s the''. remainder of the right- - of -way will best dedicated, providit' , new through connection to NC The appli ii t Y,�w-edvised � fhat if thC. ad_ requirements were to be reconside a ;" a new major subdlvis on .w Auld_ have to be res�ibmitted and val pr edur ra . vC =WOC ACPZE�s TA Q­q ZauING :s�P�v -ria�- i 14 PPLi G4 AJT5: �(Ci k�1�f In1FJ�I �i A�Cq �t U4T C+4 �n1C"j 5 -27 too l i - l . is •�-- • •(75 .... .. .� .. • err• ° w K O.. .. .. . TM 7 01 MA ff� ame I- MIC ]� . ►VAC, ( '911 .•Kr'''� 1 M-M •oo la `r _ p•fir) p � � � _ ..._ .� fy li .Y M .. f �;:� �• o _ = - �e ® w rfN7 a•M !�'; p fe r '•c O"` e" s .eac -� 1. a1 K 1. -•© � � gyp• IY{ V /.•,? 11 .O/ I.rM • . w � p� � -Q� 1�1\ � same .arl•K r M •L �,� A Ac li °oC r•f , M r = � 3L A 6% fic a.� • rrr -. ,ti rf i� l ty r=te •� 1 ° Cq /'� 1[•C - � T- O \ WD& if r � li ►MK / f lc /. adc . -_ by q .. •.... \ �a aM• 1 - mils iC - • / . mow �f�a4i1 - ry4. Dade I. . .. _ 'e -•"� µ VOW ci sac _ .';w .�.... .. Al r .4 °rye .. _. q � -• .. _ .M - -r, • .... moo . M 1; l a wirl•.r -- � rw lsar.e. cti •[ O•wrr " •ter ifINS °.[Is a!�• ~� ' ro g•�.�, -moo �� J RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date May A -1990 Name of Subdivision Tan lewood Acrres Owner /Applicant Kh a Weng Ng and Guat Cheng Ncr The Board-of County Commissioners hereby approves Tangle wood Acres subdivision preliminary plat,. dated. February 24, x.990 and cont.air.' 6 lots, subject to the fulfillment of requirements specified herein. Sto -ey Lane and Benton Drive shall be irrevocably dedicated to the general public. Storey Lane shall be constructed to gravel road standards of the North Carolina Department,of.Transportation. The approval of this resolution authorizes and dire.cts.-Ahe Orange County Manager to accept for Orange County and on behalf of .the public generally, the offer of dedication of the rights -of -way for Storey Lane and Benton Drive: This.acceptance by Orange County of the dedication to the general public of Storey Lane and Benton Drive shall be without maintenance responsibility.. These roads shall be maintained by the owner /applicant until such time as they are accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the-Final Plat of any phase of Tanglewood Acres can be recorded: A. Sewage Disposal 1. Each residential lot shall contain as adequate area for septic disposal, and repair area, approved by `he Orange County Division of Environmental Health. ` leca 'on may restrict the air- e= that the._ s:ep. isc,.-. �� s�e� �.... -�'. • psure shall be irr lur ?cumeDt::4,ps;cribi�s developz�ent � tricuions �o Q -.es be, recorded concurrently wit�i:, the - -r inal_: PI at. The documer. shall..a.lso disclose that information regarding the tentative ::.s;ept c :sy.otems is...av i•lable from: tree Orange County, Health Department, Division of Environmental health. B. Roads and: Access, I. B'en on: D .. via.7shall be constructed within :a. 60 foot ght -o, :.way,. and ~: aha,lA .b;e: aozi:straacted ;:o. ,Clas_s, B .arJ vate road standards. St- orey_j —ane­: s.4ae, l be: constructed within a 60 foc�� . right -af., -way up to. Cheng Court.- and shall be constructed to the.-,gravel_ road-. stands -aids o-F the_,Nor �h :.G�:wolina - Department c_ • CJ 7 Transportation. Cheng Court shall be constructed within a 60 Foot right -of -way and shall be constructed to Class B private road standards. OR A letter of credit, escrow agreement, or bond shall be submitted to- secure construction of Storey Lane, Cheng Court and Ben,: =., Drive to the standards of the north Carolina r~ x Tr or rivae road s;t.ndares as Department... o�.- _ T . t a. p aanlicable. An estimate of the construction cost must be prepared ..byw :- a..,certified. /Licensed engineer or grading; contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110€ of that estimate -and, be issued by an .accredited .inanc a-,l.. w^s'itut"on licensed to do business in North.C.arolina. 2. ­Submit an erosion control Dlan for construction of the roads, if t i e amount- of- disturbance will .exceed 20, 000 scu.are reet. 3. A Private' -Road N-aintenance Agreement. for Storey- �L.ane; Cheng Court, a-nd, Benton =Drive - shall be approved by the- County :-- torney -. The -Road Maintenance Agreement for Benton Drive shall.reduire that -the owners of lots "A ", "B ", 4, and 5. shall cant {ibute to the upgrading of Benton Drive when it is constructed to the standards of the North Carolina Department of T-ransportation. 4. provision that there be rio- further subdivision of any lot created by this subdivision -shall be included i.n. a document describing development restrictions and requirements- to be oreoared by Planning Staff and recorded concurrently with the Final Plat. 5. The intent for suture extension of Storey Lane shall be cated• on .. 4he Fi nal Plat by the words "Sub je.c 4 to, Future _;tension". 6 �Gt i , , z:]�. U :,awl access onto ChenG C ou.. .nts 4 and 5", shall acC855 orat�~i�Entonl7D�1 -ve= :. _ This,_;— e-s:'i:`: 0:1 ;:S11c11 be _ _.. stated- n a document desc ibij`ig :d :e_vz1=men4 �OS.Wrictions and equi -_ emen tt ..o berepa� ed by = P 1- irrin`g. Ste-f-.-and recorded concur -ently. with the Final: Plat .7,: S to_ ey. Lane and Benton Drive--- sh:a.1:1 =be `1.ab.e7 ed:.';public on the f 1;;G1' Dlat . _ .... _ C. Land Use Bi:_`fers and Landscaping -1. `!�andscapi.nc shal=l be preserved as indi zted i on :the approved �dsce =ae Dlan �-�d rus= be = nsDecyed -nd .an-' -Aved by the Pla l^_nc and::I!s1Dectfio : r,s Depa :men. W z- - _....�...,. 2: ?r- ov_si -s2. for protecti on, =o,z _e )Ci- s`inq,, :tres`s.:ze :s3zown o uhe approved 'landscape nlan shall be' included in a. documer. w x 8 describing development restrictions and recuirements to be . prepared by Planning Staff and recorded concurrently'w -ith the Final Plat. D. Drainage .1. A.stream buffer and drainage easement shall shall be provided for a width of .100' along the creek. across.lots 3, 4, aTnd 5. The width of the buffer shall be stated ..on the face of the plat. Development restrictions within the., buffer ;shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently.: with th,e­, Fina.1 Plat.. , 2. indicate a 30 foot drainage easement__.(.15.f,e.et,.on each side of the channel) along the spring on lot 4 o:6st from the 100' stream: buffer to the -lot .line between - lots.. 4 and.,5. Locate 6n additional :drainage,easement:3Q.feet. wide along the swale across lots 6 and 3 to connect wih.the 10 -foot, stream buffer. E. Parkland 1. Cash in the amount of $804.00 ($4690.59/acre x 6/35 acre) shall be paid to Orange County as payment-'in lieu of parkland, dedication. F. Miscellaneous I. The. Final Plat shall contain'a title block and vicinity map in accordance with Section V -D =2. and V -D -3 of the Orange County Subdivision Re -gulations 2. The following natural and man =made site features shall be shown on the plat; a. Creeks on iots.4 and 5. 3. T,!e following easements shall be shown on the plat: a. 30' drainage easement across lots 6 and 3. b. 30' drainage easement across lot 4. 4. A setback of 50 feet shall be rrnaintalned as measured from t: ^.e .edge of right -of --way of all roads: Side vards shah be a minimum of 30 feet, and rear yards a r.inimum of 30 feet. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the.Final Plat. I_- • C7 • E G. certifications 1. r Certificate of Survey a.-.d Accuracy signed by .a registered Land Surveyor shall be notarized on the face of the Final Plat. 2... A,Certificate of Declara-z�ion and Maintenance in the form provided in Section V -D -6 -b of the Orange County Subdivision Regulations signed - by "the landowner and developer shall be on, -the face of the plat and included in a document describing development restriction -s to be recorded:concur.rently with the Final Plat. 3. "'he Department. of E;nvi.r- onmental Realth ..sha.11-,.cer.,tiA. that each lot- contains a suitable area for septic disposal and ` ade ua� e repei� q � ,. area... Tne_No tih Caraiina Department of Transportation -shall certify that - Storey Lane has been constructed to State gravel road standards ar that, Const,uction'Plans have.been.- approved. 5. A Certificate of Approval signed by the Orange County Plann]_ng and inspections Department. Signature- c-- ' Ann cant C1 ­k to the Boart =, x «`K accept th-e above listed conditiors of subdivision approval_,• and acknowledge that each must be met prior to recowda4i on of the IF-Anal plat. a1 MM co 0 w CL 3 (D (D e+ (A O c+ (D Iv -n O r r O ro H m 3 CP