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Home My WebLink AboutAgenda - 03-09-1992ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR =Z TING NOTE: BACKGROUND MATERIAL MONDAY, MARCH 9, 1992 ON ALL ABSTRACTS 7 :30 P.M. AVAILABLE IN THE OLD COUNTY COURTHOUSE CLERK'S OFFICE HILLSBOROUGH, NC I. ADDITIONB 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.tb observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment'to this public charge is observed. III. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Budget Ordinance Amendment #11 B. Authorization of the RSVP Renewal Application and Agreement C. Orange County Human Services Transportation By -- Laws Revision D. Whitted Forest Housing Development Program Development Agreement E. Visitor Bureau F. Bond Education Steering Committee IV. RESOLUTIONS /PROCLAMATIONS A. Declassification of Haw Creek Reservoir and Watershed B. Proclamation of Women's History Month C. Eno Mountain Road Closing D. Proclamation of March, 1992 as Mental Retardation Month in orange County V. PRESENTATIONS VI. =jdlC HEARINGS A. 1992 -93 Commissioners' Goals and Budget Priorities B. Community Development Grant Application VII. REPORTS A. Knolls Neighborhood Development Association Be Report -- Community Use of County Property Designated for Sale C. Orange- Person- Chatham Mental Health Report D. Transfer of Cable TV Franchise from Carolina Cable to ATC VIII. ITEMS FOR DECISION -- REGULAR AGFt�iDA A. Approval of Window Artwork for Government Services Center B. Home and ComiiiUnity Care Block Grant C. Establishment of Water Resources Study Committee D. orange County Solid Waste Committee IX.Q CQMMENTS S. COUNTY MANAGER IS REPORT XI. APPOINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION - Personnel F* � WIA . !LKK'D ik�1 ( *) Indicates items that need immediate attention. APPROVED 4/21/92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 9, 1992 The Orange County Board of Commissioners met in Regular Session on Monday, March 9, 1992 at 7:30 p.m. in the Courtroom of the Old County Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, 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, Personnel Director Elaine Holmes, Budget and Management Analyst Donna Hamlet, Purchasing Director Pam Jones, Budget Director Sally Kost, Acting Commission for Women Coordinator Lucy Lewis, Administrative Assistant II Judy Meissenheimer, Recreation and Parks Director MaryAnne Moore, Department on Aging Director Jerry Passmore, Management Analyst Sharron Siler, and County Engineer Paul Thames. NOTE: All docoments referred to in these minutes are located in the permanent agenda file in the Clerk's Office. I. ADDITIONS OR CHANGES TO THE AGENDA Two resolutions were added to the agenda -- one for Herb Stout and one for Brian Benson. Four additional applications were received for membership on the Library Board. The minutes for December 11 were deleted and will be placed on the next agenda. 11. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that.those citizens who wish to speak on an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA 1. Susan Sexton stated that for the last six months she has been gathering information about the Animal Protection Society (APS) and the operation of the Animal Shelter. She feels that some of the County appropriation to the Animal Shelter is being spent for investigation of animal cruelty which is not included in the agreement the County has with the APS. She asked that the County require an audit. She stated she has a video which shows the kind of cooperation a citizen receives at the Animal Shelter. She has a lot of questions and asked that they be answered before the animal shelter budget is approved by the Board of County Commissioners. She asked that the Board meet with her to discuss this matter further. Chair Carey told Ms. Sexton that it is normal for matters like this to be referred to the County Manager for investigation and a report. ,_ He asked her to submit all questions to Mr. Link. Commissioner Willhoit noted that the County contracts with the APS and does not deal with personnel issues at the Shelter. The terms of the contract will be reviewed for next year. He asked for information on the total amount of services the APS provides including their inkind services. 2. Cheryl Franklin indicated she did not get to speak at the public hearing held on site 17. She lives on Millhouse Road and does not want the landfill in her area. She feels the people in this area have done their share and the burden should be placed elsewhere. She asked that the Board remove sites 3 and 17 from further consideration. Commissioner Willhoit informed Ms. Franklin that the Landfill Owners Group (LOG) will meet this Wednesday and will discuss the process used so far in siting a landfill. A public hearing is scheduled for March 18 on solid waste issues. BOARD COMMENTS Commissioner Halkiotis stated that a citizens informational workshop is scheduled by the Department of Transportation (DOT) to explain the northwest -- northeast loop study. Gene Bell will attend this meeting and inform DOT of the Board's opposition to this proposal. PUBLIC CHARGE Chairman Carey read the public charge. III. ITEMS FOR DECISION - CONSENT AGENDA Item "C" was removed from the Consent Agenda and will be considered under item VIII.A.0 Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: A. BUDGET ORDI_NANCE AMENDMENT #11 The Board approved amendments to the 1991 -92 Budget Ordinance as listed below and seven project ordinances. GENERAL FUND Source - Intergovernmental $ 115,501, Appropriation - Human Services 115,501 (To budget for additional Daycare Funding awarded to the Department of Social Services) Source - Intergovernmental $ 25,850 Appropriation - Contrib. to Outside Agencies 25,850 (To budget for VOCA grant funds awarded to the Rape Crisis Center). COUNTY CAPITAL RESERVE Source - Appropriated Fund Balance $ 78,000 Appropriation - Transfers to Other Funds 78,000 (To budget for transfer to Sewer Bottleneck Project). SCHOOL CAPITAL RESERVE Source - Appropriated Fund Balance $ 98,724 Appropriation - Transfer to Other Funds 98.724 (To make a technical amendment in order to budget the transfer to the New Middle School). TRANSPORTATION ASSISTANCE PROGRAM GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized provides medical transportation to the elderly as well as health, employment and leisure trips to the handicapped as awarded to the Orange County Department on Aging by the North Carolina Department of Transportation. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Transportation and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - Transportation Assistance $ 26,204 Section 4. The following amounts are appropriated for this project: CARE MANAGEMENT PROGRAM GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the systematic assessment, monitoring, advocacy, negotiating and follow -up of older adults as awarded to the Orange County Department of Aging by the Triangle J Council of Governments and EDS. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the Triangle J Council of Governments and the budget contained herein. Section 3. The following revenues are anticipated to be available to Human Services - Transportation Assistance $ 26,204 Section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section S. This ordinance supersedes all previous Transportation Assistance Program Grant project ordinances. Section 9. This grant project ordinance is effective October 4, 1991. CARE MANAGEMENT PROGRAM GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the systematic assessment, monitoring, advocacy, negotiating and follow -up of older adults as awarded to the Orange County Department of Aging by the Triangle J Council of Governments and EDS. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the Triangle J Council of Governments and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - Care Management $ 26,043 Section 4. The following amounts are appropriated for this project: SEWER BOTTLENECK PROJECT CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section I. The project authorized is for the completion of construction of a sewer system that will address the sewer bottleneck which exists at the intersection of Highway NC86 /US 70A and Elizabeth Brady Road. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $ 78,000 Section 4. The following amount is appropriated for this project: Sewer Bottleneck Project $ 78,000 Section S. This ordinance shall be in effect from the date of adoption until June 30, 1994. NEW MIDDLE SCHOOL CHAPEL HILL- CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the planning for the construction of a new middle school. The project will be financed by an appropriation from other capital projects within the Capital Project Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Human Services - Care Management $ 26,043 Section S. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section S. This ordinance supersedes all previous Care Management Program Grant Project Ordinances. Section 9. This grant project ordinance is effective October 4, 1991. SEWER BOTTLENECK PROJECT CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section I. The project authorized is for the completion of construction of a sewer system that will address the sewer bottleneck which exists at the intersection of Highway NC86 /US 70A and Elizabeth Brady Road. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $ 78,000 Section 4. The following amount is appropriated for this project: Sewer Bottleneck Project $ 78,000 Section S. This ordinance shall be in effect from the date of adoption until June 30, 1994. NEW MIDDLE SCHOOL CHAPEL HILL- CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the planning for the construction of a new middle school. The project will be financed by an appropriation from other capital projects within the Capital Project Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following transfers are anticipated to complete this project: Transfer from Chapel Hill High School Phase II Project $ 40,000 Transfer from Future Projects Reserve Project $180,000 Section 4. The following amount is appropriated for this project: New Middle School $220,000 Section S. This ordinance shall be in effect from the date of adoption until June 30, 1992. CHAPEL HILL HIGH SCHOOL PHASE II CHAPEL HILL - CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. section 1. The project authorized is for the second phase of construction of classrooms and support areas at Chapel Hill High School. The project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following amounts are appropriated for this project: Chapel Hill High School Project - Phase II $ (40,000) Transfer to New Middle School 40,000 Section 4. This ordinance supersedes all previous Chapel Hill High School Phase II Capital Project Ordinances. Section S. This ordinance shall be in effect from the date of adoption until June 30, 1992. FUTURE PROJECTS RESERVE CHAPEL HILL - CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General statutes of North Carolina, the following capital project is hereby adopted. Section I. The project authorized is for reserving funds for future Chapel Hill- Carrboro Schools capital projects. The project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following amounts are appropriated for this project: Future Projects Reserve $ (180,000) Transfer to New Middle School Project 180,000 Section 4. This ordinance shall be in effect from the date of adoption until June 30, 1992. EPHESUS ELEMENTARY PROJECT CHAPEL HILL - CARRBORO CITY SCHOOLS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is hereby adopted. Section 1. The project authorized is for the construction of classrooms and support areas at Ephesus Elementary School. This project will be financed by an appropriation from the School Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from School Capital Reserve $ 1,637,711 Public School Building Capital Funds 245,680 Total $ 1,883,391 Section 4. The following amount is appropriated for this project: Ephesus Elementary School $ 1,883,391 Section 5. This ordinance supersedes all previous Ephesus Elementary School Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1992. 8. AUTHORIZATION OF THE RSVP RENEWAL APPLICATION AND AGREEMENT The Board approved and authorized the Chair to sign the final RSVP application and to enter into an agreement with ACTION for the period July 1, 1992 through June 30, 1993. Total proposed grant is $86,337, with $35,645 from Orange County, $12,277 from Chapel Hill, $900 from Carrboro and $37,515 in Federal funds. C. ORANGE COUNTY HUMAN SERVICES TRANSP. BYLAWS REVISION This item was removed from the Consent Agenda and put as item VIII -A.0 D. WHITTED FOREST HOUSING DEVELOPMENT PROGRAM DEVELOPMENT AGREEMENT The Board approved and authorized the Chair to sign the Development Agreement with the Hillsborough Affordable Housing Corporation for the Whitted Forest Housing Project after approval by the County Attorney. E. VISITOR BUREAU The Board approved the creation of a permanent time limited visitor bureau position and added the classification of Visitor Bureau Director at a salary range of $29,000 - $42,000 to the classification and pay plan. F. BOND EDUCATION STEERING COMMITTEE The Board approved the formation and membership of a Bond Education Steering Committee as presented in the agenda abstract. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLUTIONS /PROCLAMATIONS A. DECLASSIFICATION OF HAW CREEK RESERVOIR AND WATERSHED John Link explained that this resolution asks that the North Carolina Environmental Management Commission deny the petition of the Orange/Alamance Water System to declassify the Haw Creek Watershed. In answer to a question from Commissioner Gordon, Paul Thames explained that during low flows the Eno Basin needs to keep all the water it can in the basin and the Capacity Use Agreement accomplishes that. Motion was made by Commissioner Gordon, seconded by Commissioner Insko to approve the resolution as stated below: Mebane Planning Director Joff Coe asked that the Board delay action on this resolution to allow Mebane time to write a position paper on this issue. Paul Thames noted that DEM has requested the County's position on this issue now. The Board agreed to go forward with this resolution, however, they would like to hear from Mebane on their position. RESOLUTION OPPOSING THE DECLASSIFICATION OF THE HAW CREEK WATERSHED IN ALAMANCE COUNTY WHEREAS, the Eno River is characterized by yearly low flow conditions in which the river, for extended periods, is incapable of sustaining the current water demand of the major users of Eno River waters; and WHEREAS, the NC Environmental Management Commission found the upper Eno Basin to exhibit the water usage and shortfall criteria necessary to be declared a Capacity Use Area; and WHEREAS, the NC Environmental Management Commission has elected to allow Orange County, the Town of Hillsborough, the Orange -- Alamance Water System and Piedmont Minerals Company, Inc. to address the water shortage and water use problems in the upper Eno River Basin, on a trial basis and under supervision of the Division of Water Resources, by developing an agreement and a plan which specifies varying levels of maximum individual water withdrawal allocations and minimum instream flow requirements based on stream flow conditions and water storage remaining in Lake Orange; and WHEREAS, Orange County, the Town of Hillsborough, the Orange - Alamance Water System and Piedmont Minerals Company, Inc. have called the Eno River Capacity Use Agreement, which specifies water withdrawal allocations, instream flow requirements and management responsibilities; and WHEREAS, all parties to that Capacity Use Agreement were aware that Orange - Alamance uses approximately seventy -five percent of its water withdrawals outside of the Eno Basin and within Alamance County; and WHEREAS, assurances made to Orange County by the orange - Alamance Water System as early as 1958 that orange - Alamance would obtain water from the Town of Graham to supply the Orange - Alamance customers located in Alamance County during those times when the flow in the Eno River was so low that natural stream flow had to be supplemented by releases of water impounded in Lake Orange; and WHEREAS, assurances made to Orange County by the Orange - Alamance Water System as early as 1968 that Orange - Alamance would develop a water supply and treatment facility in the Haw Creek watershed sufficient to serve its Alamance County customers and would cease the interbasin transfer of water from the Eno River; and WHEREAS, the Towns of Mebane and Graham have entered into a water sales agreement with Orange - Alamance which requires that Orange - Alamance abandon plans for developing the Haw Creek water supply and request the declassification of the Haw Creek watershed as a protected water supply watershed so that it can be developed without the encumbrances entailed by watershed protection regulations, and which additionally requires that Orange - Alamance use its entire Capacity Use Agreement raw water withdrawal allocation from the Eno River prior to obtaining water from either the Mebane or Graham water systems; and WHEREAS, the Haw Creek watershed remains a viable alternative for development of a water supply for Orange County, the Town of Hillsborough, the orange - Alamance Water System or another water purveyor who could employ Haw Creek water supplies to provide water to western Orange County and compensate for the loss of water from the Eno Basin to the Haw Basin resulting from Orange - Alamance's use of water from the Eno to supply its customers in Alamance County; NOW, BE IT THEREFORE RESOLVED that the Orange County Board of Commissioners opposes the declassification of the Haw Creek watershed, strongly supports the Town of Hillsborough in its opposition to the declassification of the Haw Creek Reservoir and requests that the NC Environmental Management Commission decline the petition to declassify the Haw Creek watershed and; BE IT FURTHER RESOLVED that the Orange County Board of Commissioners request that the NC Division of Environmental Management classify the Haw Creek watershed with the highest watershed classification supported by the current land use in the watershed unless and until another water supply in the Haw River basin can be developed to compensate for the interbasin transfer of waters from the Eno Basin during times of low flow in the Eno Basin. VOTE: UNANIMOUS B. PROCLAMATION OF WOMEN'S HISTORY MONTH Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to proclaim the month of March, 1992 as Women's History Month in orange County. The proclamation is stated below: THE ORANGE COUNTY COMMISSION FOR WOMEN SUBMITS THE FOLLOWING PROCLAMATION TO THE ORANGE COUNTY BOARD OF COMMISSIONERS WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; WHEREAS, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history, NOW, THEREFORE, do we the Commissioners of Orange county, proclaim the month of March, 1992 as Women's History Month and commend this observance to Orange County citizens. VOTE: UNANIMOUS C. ENO MOUNTAIN ROAD CLOSING Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to adopt the resolution as stated below which declares the intent of the Board of Commissioners to close a portion of Eno Mountain Road. RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A PORTION OF ENO MOUNTAIN ROAD WHEREAS, petitioners Tredmont, Inc. and Resco Products, Inc. have filed a petition before the Board of County Commissioners to close the portion of Eno Mountain Road (S.R. 1148) identified in blue on the map which is part of Exhibit A to this Resolution (hereinafter "the abandoned road "); and WHEREAS, it appears from the petition that the abandoned road, formerly under the control and supervision of the Department of Transportation, has now been abandoned by the North Carolina Department of Transportation as evidenced by the notification of abandonment which is part of Exhibit A to this Resolution; and WHEREAS, it appears that no individual, firm or corporation owns property in the vicinity of said road without a reasonable means of ingress and egress to his, her or its property; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County that it intends to close the abandoned road. That prior to a decision on the closing of the abandoned road, a public hearing shall be held in the courtroom of the old Orange County Courthouse, the regular place of meeting of the Board of County Commissioners, on the 4th day of May, 1992 at 7:30 p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution in the Chapel Hill Herald and the News of Orange County once a week for four (4) successive weeks before said hearing and that the Clerk shall send by certified mail to each owner of property adjoining the abandoned road and shall prominently post a copy of this Resolution in at least two (2) places along the abandoned road as required by N.C. Gen. Stat. 153A -241. VOTE: UNANIMOUS D. PROCLAMATION OF MARCH 1992 AS MENTAL RETARDATION MONTH IN ORANGE COUNTY Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the proclamation as stated below proclaiming March, 1992 as Mental Retardation Month in Orange County. PROCLAMATION COUNTY OF ORANGE MENTAL RETARDATION MONTH WHEREAS, mental retardation is a condition which today affects more than six million American children and adults and their families; and WHEREAS, the most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be fostered; and WHEREAS, during the month of March, 1992, members of national, state and local chapters of the Association for Retarded Citizens are making a special effort to forge vital employment, educational and fundraising campaign to promote awareness of, and provide for the needs of persons with mental retardation and other developmental disabilities; NOW, THEREFORE, I, Moses Carey, Chairman of the Orange County Commissioners, on behalf of the County Commissioners do hereby proclaim the month of March, 1992 as Mental Retardation Month in the County of orange, and urge all citizens to learn more about mental retardation and assist in improving the quality of life of citizens with mental retardation. VOTE: UNANIMOUS E. ADDED ITEM - A RESOLUTION IN REMEMBRANCE OF HERB STOUT AND A RESOLUTION IN REMEMBRANCE OF BRIAN BENSON Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as stated below in remembrance of Herb Stout. RESOLUTION IN MEMORY OF HERB STOUT WHEREAS, Herb Stout served as a dynamic member of the Wake County Board of Commissioners from 1984 to his untimely death on February 18, 1992; and WHEREAS, Herb Stout was an innovative and exemplary Chairman of the Triangle J Council of Governments, the Geographic Information System Task Force, and the Model School Task Force for the Council, and served as president or chairman of numerous nonprofit and government organizations during his tenure as an esteemed public servant; and WHEREAS, Herb Stout was an energetic advocate for improved schools, water quality protection, better health and human services, increased low income housing, improved regional and county telephone service, federal funding assistance to federally mandated programs, and many other important issues; and WHEREAS, Herb Stout inspired many others to become involved in civic, educational and social service areas; and WHEREAS, we, along with his family, friends, colleagues, and constituents, shall deeply miss his spirited, creative, caring and generous nature; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the Board hereby honors the public service of our colleague and friend HERB STOUT and urges all citizens to remember him for his commitment to public service which contributed to the quality of life in Orange County and the other Triangle communities and truly made the Triangle a better place because of his leadership. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the resolution as stated below in remembrance of Brian Benson: RESOLUTION IN MEMORY OF BRIAN BENSON WHEREAS, Brian Benson joined the Triangle J Council of Governments in 1985 as a Senior Planner in Physical Development and was promoted to the position of Director of Land Use and Development, serving with distinction until his untimely death on February 18, 1992; and WHEREAS, Brian Benson worked diligently to coordinate local and regional planning issues and led the development of the Geographic Information System at the Triangle J Council of Governments; and WHEREAS, Brian Benson effectively staffed the Regional Appearance Commission and the Triangle Development Awards program and served on other regional committees concerned with land use, transportation, and community appearance; and WHEREAS, Brian Benson rendered distinguished service to Orange County as a land use and community development planner from 1978 to 1980, and authored successful Community Development Block Grants during each year of his tenure with the Orange County Planning Department, thereby contributing to neighborhood revitalization in the County; and WHEREAS, Brian Benson was a dedicated, energetic and highly talented professional who worked well with public and private leaders and planners all over the Triangle region; and WHEREAS, we, along with his family, friends and colleagues, shall deeply miss his cooperative, warm and kind nature; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the Board hereby honors the public service of BRIAN BENSON and urges all citizens to remember him and his contributions to the people of Orange County and the Triangle region. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARING AND /OR A DECISION A. 1992 -93 COMMISSIONERS' GOALS AND BUDGET PRIORITIES Chairman Carey explained the process that was followed in formulating the Board's goals and budget priorities. This public hearing is on both the Board's goals and budget priorities for 1992 -93. The Manager will make a recommendation on those goals and objectives which have budget implications in his proposed budget in May, 1992. Copies of these goals were sent to all the agencies who receive funds from the County including human service agencies, schools, and nondepartmental agencies, Dr. Philip Singer, Chair of the Health Board, presented a memo asking the Board of County Commissioners to consider those items which the Health Board feel are high priority. These include a plan of action for the optional Wastewater Treatment goal which is becoming critical in order to meet the new state regulations which go into effect by July, 1992. He noted that the Health Department did not receive its community health needs assessment data from the state in time to prepare its Community Diagnosis for the Board of Commissioners' retreat in December. He asked that the County Commissioners meet jointly with the Health Board to discuss the priorities which were approved by the Board of Health on February 27, 1992 and to continue discussions on the monitoring, maintenance and assurance plan. Joyce Brown, speaking as a resident and citizen, emphasized that there is insufficient information on total water resources in orange county including both surface and ground water. She supports the goal and plan of action regarding water resources both quantity and quality. Circumstances will determine what will happen if the County does not begin to develop an information base and make decisions with the most extensive knowledge possible on what exactly is the County's capability for present and future generations. She feels that to go forward with the Efland Sewer System without having knowledge of water and sewer capability could have serious environmental, economic and social effects. Long range planning is necessary for all resources based on all the information possible. Margaret Holffon, representing the League of Women Voters of North Carolina, read a prepared statement. In summary she asked the County Commissioners to continue to support their strong Watershed Protection Ordinance and recommended that they establish a Water Resources Study Committee made up of citizen representatives. She stated that the League supports the three Water Resources Protection and Development Goals. They asked that the Board enlarge their Watershed Protection Goal to implement state mandated watershed protection standards and classifications by stating that the Board supports the Watershed Ordinance that is in place for University Lake and OWASA water. She hopes the Board will classify each watershed in orange County to its highest level. Greg Gangi, regional and area representative for the Sierra Club, spoke about the importance of protecting the water supply and stated that the Sierra Club supports this goal. With regard to household hazardous materials, he feels that it would be appropriate to show a commitment to protect water quality by holding a household hazardous waste pickup day. He would like to see an educational program on recycling in the schools. Commissioner Willhoit made reference to a questionnaire that was published in the newspaper and also in the newsletter that goes out from the LOG and encouraged the Sierra Club members to get the word out about this questionnaire on interest in holding a household hazardous waste pickup day and the importance of returning this information. He supports an ongoing program for household hazardous waste. Lindsay Efland spoke on behalf of the Economic Development Commission. He supports the Board's goal to coordinate and study the various water and sewer providers in the County. They would like to see the Board of County Commissioners play an active lead- agency role in bringing about this coordination and mapping out the service areas. He feels it is important that people know what jurisdiction is going to serve them. Tom McCurdy asked that better seating be provided for the citizens in this meeting room. He supports the water resources quantity and quality study. He feels that there are a lot of separate objectives listed and that this study will coordinate these objectives. He feels that the optional wastewater system goal should not proceed until it is known where these systems can safely go. A lot of big picture items should be addressed by this study like where the potential water impoundments are, where the best high yield underground sources of water are, where can these alternative approaches be used, and what are the optimal institutional arrangements to obtain the needed water supply to handle effluent services in this county. Problems which should be addressed include the possible placing of the landfill next to Cane Creek, the Hillsborough water supply and reservoir problems, the pipeline between Chapel Hill and Hillsborough, the extension of sewer and water into the designated buffer area, the Efland sewer service, and the required utility service to designated growth areas. As a fiscal conservative he strongly supports the efficiency in government goal. Nancy Miller spoke on behalf of the League of Women Voters of Chapel Hill and Carrboro. They support stringent controls to protect the quantity and quality of water resources including protection of watersheds. They support the implementation of state mandated classification and standards for watershed and in particular endorse the highest possible classification for Cane Creek and the University Lake Watershed. They support regulation of wastewater discharge and limitation of development densities. They urge the citizens of Orange County to help develop watershed protection ordinances for the health and quality of life for everyone. John Hartwell spoke about affordable housing. He noted that the Habitat for Humanity organization has changed complexion and they now need to have an office. He explained that a few years ago orange County gave to Habitat $25,000 for paving roads. This money has been returned to the County in the form of taxes paid on the housing that has been provided by Habitat. With regard to water resources he feels that implementing the state guidelines is actually taking a step backwards. A better goal would be to implement those things which are knowledge based. With regard to solid waste, he feels that instead of citing a landfill the County should find a site for a solid waste management facility. Mainly, the County needs to find a way to handle it, compost it, sort it and transport it to some destination. It should be located adjacent to other recycling businesses. He feels the County must first deal effectively with solid waste and then try to find a site to properly handle it. Commissioner Gordon stated that Mary Bushnell is interested in being on a task force for youth programs. She presented for the record a letter from Livy Ludington and a letter from Allen Spalt. In summary, the letter from Livy Ludington supported the goals the Board set for 1992 -93. In particular she supports the goals on water protection. Allen Spalt emphasized the importance of water resources protection and development stating that water is and will remain among the most important issues facing the County. He also stated that implementing the "minimum standards" for watershed protection will not provide adequate protection. He feels that any plan to allow and /or encourage alternative waste treatment systems in the County must rely heavily on local inspection and enforcement. He asked that the goal for education meet the real education needs of each district. He urged the Board to proceed with creating agricultural districts which may preserve farms, and consider other means of preserving land for other uses through zoning, easements, purchase, etc. Commissioner Insko asked that the Chair support a joint meeting with the Health Board for the purpose of reviewing those priorities which were approved by the Board of Health on February 27, 1992. Commissioner Willhoit asked for the feedback on alternative wastewater systems as requested by the County Commissioners at previous meetings. THE PUBLIC HEARING WILL BE HELD OPEN FOR RECEIPT OF ADDITIONAL COMMENTS MADE DURING THE PUBLIC HEARING ON THE COMMUNITY DEVELOPMENT GRANT APPLICATION. B. COMMUNITY DEVELOPMENT GRANT APPLICATION Tara Fikes presented the 1992 Community Development Grant Program for receipt of public comments. She stated that these comments received will be used to develop the CDBG application. She stressed the importance of identifying the needs that exist because the more need shown in the application, the higher the application will be ranked. Commissioner Halkiotis expressed a concern about identifying septic tank problems in that the Health Department will investigate these problems and shut down the systems until the situation is resolved. He has personally seen problems which exist. BENNIE CECIL of the Efland Community stated that there is a need for completing the sewer system in Efland. His septic system failed and he had to put in another system. He was told that it probably would not last very long. All sewage goes to the drainage ditch and then to Highway 70 to McGowen Creek and to the Eno River. They would like to work with the County in getting money to complete all phases in the sewage system. ROY MCADOO stated that he is interested in helping those who do not have water and sewer hookups. He will work in any way he can to resolve the situation. Some people are paying the $15.00 per month fee and do not have the service. He asked that the Board of County Commissioners support this solution to a bad situation. He noted that there are people who signed up but who cannot afford the cost of the lateral line to hook onto the system yet are paying the monthly fee. County Engineer Paul Thames stated that there was a tap fee for all initial hookups of $600 per household paid by the County for a potential 212 customers to the Town of Hillsborough. What the County did not pay was the cost of running the plumbing from the house to the sewer line. DAVID LINER, committee member for the Efland Sewer organization, poiinted out the need for completion of this sewer line. It is a health hazard and needs to be addressed as soon as possible. Some have the sewer line in front of their house but are not hooked up because of the cost involved. The CDBG money could provide the monies necessary to complete this line. There are a lot of businesses that have serious sewage disposal problems. It is a health hazard and they would like to see the Board of County Commissioners do whatever is necessary to complete this project for the present and future residents of Efland and those who live downstream. ANN HADLEY expressed support for a Community Development Block Grant to complete the Efland Sewer so that new customers could be added and thus lower their rates. She asked for the Board of County Commissioners help in completing this sewer line. BUSTER GRAHAM, property owner in Efland stated he believes this sewer system will help the quality of water. He owns a small mobile home park in Efland and has never had any problems. However, the United Methodist Church in Efland is not allowed to do the necessary renovations to provide for the handicapped because there is no room for a septic tank. He asked for the Board's help in securing a CDBG to finish the Efland Sewer line. ALICE MCADOO, representing the Council on Aging and the JOCCA Board, stated that they have a lot of senior citizens in the Efland area who are paying 25 or 30 dollars a month for water and sewer. She asked the Board to help all they can. She would like to see all the phases finished. They want to keep Efland beautiful. She asked the County Commissioners to support a grant. WALTER MCDADE, Efland resident, thanked the County Commissioners for what they have done up to this point. He has received the sewer line and is thankful. He supports whatever effort can be put forth to secure a CDBG and will do whatever he can to help. SHIRLEY OAKLEY made reference to the septic tanks which are failing and asked what will happen if the system is not finished for four or five years. A lot of the people do not have enough property to run the necessary lines. SAM ENGLISH stated there are a lot of senior citizens who hope they can eventually tap onto the water and sewer lines. There is water on top of the ground because the septic tanks are not working properly. WARREN SHANKLEY noted that there is water and sewage standing and draining into the Eno River. There are senior citizens on low income who cannot afford a new septic system. He would appreciate anything the County can do to get a grant. LARRY WARREN, lifetime resident, has a big problem with his septic system. There is not a lot he can do without infringing on other's property. He cannot do anything until they get the sewer. There is a lot of pride in the Efland community and it is a growing community with new houses which have increased the tax base. LINDSAY EFLAND indicated that the community appreciates what the Board of County Commissioners have done. They have enhanced the quality of life for many people and helped alleviate some of the health hazards in that area. There is still much to be done. As a community, they are willing to work with the Board of County Commissioners. There are real public health problems that still exist. A grant would be a wonderful way of dealing with these problems. He explained why it is costly to run a line to a house for sewer service. He also commended the Board for allocating staff time to this problem. He appreciates Mr. Thames' objective report. He pledged to work with them in solving this problem. The community stands with the Board of County Commissioners to explore all the options. If it is determined that this should be a sanitary district, then they will pursue that objective. SIM EFLAND indicated that the problem is the soil. It costs money to connect onto the line. It is important to use all avenues to get the highest and best use of that line and that takes money. This community would grow if this sewer line is finished. He would like to get Amtrack to stop in Efland. Another water resource for the northern end of the county is needed. WITH NO FURTHER COMMENTS, THE PUBLIC HEARINGS WERE CLOSED. VII. REPORTS A. KNOLLS NEIGHBORHOOD DEVELOPMENT ASSOCIATION John Link summarized the request from the Knolls Neighborhood Development Association. They asked the County to donate County owned surplus property in the Knolls Community to Habitat for Humanity to build housing for eligible low income citizens of the County. The property would be transferred to the Housing Authority for the purpose of using it for affordable housing. The Housing Authority would then give the property to Habitat for Humanity. John Link will bring back to the Board the appropriate process. B. REPORT - COMMUNITY USE OF COUNTY PROPERTY DESIGNATED FOR SALE Reference was made to a letter sent to Chair Carey from the Recreation and Parks Advisory Council. The Commissioners have expressed interest in selling the property it purchased for the solid waste collection site on Frazier road. The Recreation and Parks Advisory Council suggested that the County offer the use of the property for recreation purposes to the residents of the Perry Hills Subdivision while the sale of the property is pending. The agenda abstract outlined the procedure for leasing this property if that is the Board's decision. MaryAnne Moore noted that the problem with selling this property to the group is that this group is not an association or an identifiable entity and cannot afford to purchase this property. In terms of the liability of the lease option, the concerns are outlined in the agenda abstract. Chair Carey suggested that the Board indicate their willingness to work with the citizens of Perry Hills but that the Board is not prepared to transfer anything to the community since there is no entity or plan in place. There will be a recreational facility in Efland in the near future. C. ORANGE - PERSON- CHATHAM MENTAL HEALTH REPORT Tom Maynard highlighted the report. He stated that they served 16.5% more people last year with less money. He thanked the Board for their support and commended his staff. D. TRANSFER OF CABLE TV FRANCHISE FROM CAROLINA CABLE TO ATC John Link stated that on January 16, 1992, Carolina Cable formally notified the County of the pending sale of its cable television system to ATC. Carolina Cable also requested the Board's approval to transfer the franchise to ATC. ATC informed the County the acquisition may create difficulties with the rules and regulations of the Copyright Office. To avoid the difficulties, ATC has requested a modification in the existing cable TV franchise with Carolina Cable. The proposed modification would disenfranchise a small section of the County near the Alamance County line. The correspondence from Carolina Cable and ATC in the agenda highlights specific information about the sale and proposed modifications to the franchise. On February 19, 1992, the Cable TV Citizen Advisory Committee met with representatives of Carolina Cable and ATC. After an in -depth discussion, the committee developed the following statements and recommendations: 1) the committee found ATC to be an acceptable company to replace Carolina Cable; and 2) the committee has grave reservation about omitting a section of the County from the existing Cable TV Franchise. However, to make the transfer of ownership possible the committee recommends approval of the proposed modification of the Cable TV Franchise for the balance of the franchise period (February 26, 1996). Currently there are six members on the committee. The majority, four members of the committee voted in favor of the recommendation. Two members disagreed and have developed a minority report which is in the agenda packet in the Clerk's office. Since that time, the Assistant County Manager Albert Kittrell and County Attorney Geoffrey Gledhill have negotiated with ATC to address this particular area of Orange County that would be disenfranchised. ATC has agreed to provide free installation of "primestar" satellite system in lieu of future cable service to the proposed buffer zone. This satellite service would cost about the same as regular cable service. This report proposes that the Board approve the transfer of the cable TV franchise from Carolina Cable to ATC with the condition that ATC provide free installation of Primestar satellite system to residents in the buffer zone. This change in ownership will be on the March 24th agenda for first reading. The County Commissioners asked several questions. Randy Frazier explained that there are different copyright rules pertaining to satellite distribution signals. The reason why the contiguous rule is a problem is that under the copyright rules where systems are under common ownership and control and the franchises are contiguous they have to be treated as one cable television system. That would mean there would be two television markets -- the Greensboro market and the Raleigh- Durham market that would be under common ownership and control. These two TV systems have different television stations which are distant from each other. Payment would have to be made on signals that could not be received. The liability for that would be $5,000,000 a year. They do not incur that kind of liability for a satellite providing service to the home. The monthly fee would include the satellite equipment as well as maintenance and repair. ATC feels the proposed buffer zone is adequate to satisfy the copyright rules. There are 91 homes in that area or 9 to 10 homes per mile. Norman Vogel, Chair of the Cable TV Citizens Advisory Committee, stated that member Lawson Wynne expressed a concern that people living in the rural areas of orange County will never be served by cable television. The technology does not permit it. The present rule is 30 homes per mile and in rural areas there are not that many homes per mile. Mr. Wynne feels that the only reasonable technology to provide multichannel service is through some kind of terrestrial transmission or satellite transmission. Obviously a lot of people have a satellite dish. The problem and the reason for his dissenting vote is that of programming. Programming is controlled by cable companies. He feels there needs to be legislation to free up programming so that it can be sold on a competitive basis to those who want to subscribe either through terrestrial multichannel transmission or through satellite transmission. As long as counties continue to approve cable services, programming and cable television will be controlled by fewer and fewer companies. Norman Vogel stated that the Chapel Hill Town Council voted to approve this request to transfer Carolina Cable's TV Franchise to American Television & Communications Corporation (ATC). He feels that ATC is a good company. It was the consensus of the Board to authorize the County Attorney to prepare the necessary cable TV franchise amendment for the March 24, 1992 regular meeting of the Board. VIII. ITEMS FOR DECISION - REGULAR AGENDA A.0 ORANGE COUNTY HUMAN SERVICES TRANSPORTATION BYLAWS REVISION Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the revisions to the bylaws of the Orange County Human Services Transportation Advisory Board as presented in the agenda abstract except the change in the name of this board. VOTE: UNANIMOUS A. APPROVAL OF WINDOW ARTWORK FOR GOVERNMENT SERVICES CENTER Pam Jones explained that the architects contacted various groups within the County in an effort to determine the most appropriate scene for each category. The artists Michael Brown and Jim Rothbauer presented black and white sketches of the scenes intended for the panels. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the stained glass panels to be installed at the Government Services Center at a cost of $11,543. VOTE: UNANIMOUS B. HOME AND COMMUNITY CARE BLOCK GRANT The State Department of Human Resources has established the Home and Community Care Block Grant which will become effective July 1, 1992. Boards of Commissioners are required to designate an agency or office with lead responsibility for planning and coordinating the Block Grant Funding Plan. John Link explained that after several meetings with the Directors and members of the County Department on Aging Advisory Board it was agreed the County's block grant should be administered by a "lead agency team" with the County Manager's office serving as the team leader. The State also requires County Commissioners to establish and appoint members to a County Block Grant Advisory Committee. The Directors and representatives from the Aging Board agreed the County Block Grant Advisory Committee should be composed of the following nine members: one representative from Aging Advisory Board, Social Services Board, Board of Health and JOCCA Board; Directors of Aging, Social Services, Health, JOCCA and Assistant County Manager. David Moser, Director of Aging, Triangle J Council of Governments, should serve as exofficio member. The County Block Grant Advisory Committee would be responsible for developing and recommending an annual Block Grant Funding Plan to the Board of Commissioners. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to designate a lead agency team as stated above which will be responsible for the planning and coordination of the Home and Community Care Block Grant and the composition of the County Block Grant Advisory Committee. VOTE: UNANIMOUS C. ESTABLISHMENT OF WATER RESOURCES STUDY COMMITTEE Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the establishment of the Orange County Water Resources Committee including the recommended Charge to the Committee and the committee structure and schedule. VOTE: UNANIMOUS D. ORANGE COUNTY SOLID WASTE COMMITTEE The Board of Commissioners adopted a resolution establishing an Orange County Solid Waste Committee at their regular meeting on January 21, 1992. Applications have been received and presented for the Board's consideration. After extended discussion, motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to appoint the following people to this Committee: Cheryl T. Williams Woodhall Stopford Sherry Dorsett Caleb Moore Carl Belcher Mark Marcoplos Dan Zipple Larry Reid Richard J. Marinshaw Joff Coe Betty Maultsby Don Willhoit VOTE: UNANIMOUS Cedar Grove representative Little River representative Cheeks representative Hillsborough representative Eno representative Bingham representative Chapel Hill representative Planning Board representative OC Health Board representative EDC representative League of Women Voters repres. County Commissioner Liaison Commissioner Willhoit suggested and the Board agreed that the representative from the League of Women Voters would serve as a liaison so that if the person appointed could not attend they could send another person in their place and that one additional person be appointed from Duke University to serve as a liaison representative. He stated that he would like to convene the first meeting of this committee. IS. BOARD COMMENTS - moved to the beginning of the agenda. S. COUNTY MANAGER'S REPORT - NONE XI. APPOINTMENTS RECREATION AND PARKS ADVISORY COMMITTEE Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the appointments of James Gillan, Jr. as the Eno representative for a term ending March 1, 1995 and William Watson as the Hillsborough representative for a term ending March 1, 1995. VOTE: UNANIMOUS LIBRARY ADVISORY BOARD Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to appoint Elon G. Eidenier and Alice J. Lunsford to this Board for their first term and Verla Insko as the Commissioners, representative. VOTE: UNANIMOUS %II. M1- TES The minutes for December 11, 1991 will be placed on the next agenda. Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the minutes for February 24, 1992 as circulated. VOTE: UNANIMOUS %III. EXECUTIVE SESSION Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to go into Executive Session to discuss a personnel issue. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Chair Carey to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS %IV. ADJOURNMENT With no further items for discussion, Chair Carey adjourned the meeting. The next regular meeting will be held on March 24, 1992 at 7 :30 p.m. in the OWASA Community Room on Jones Ferry Road in Carrboro, North Carolina. VOTE: UNANIMOUS Beverly A. Blythe, Clerk Moses Carey, Jr., Chair a I 1. (RPGRANT\ABS9293) ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. -a ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1991 SUBJECT: Authorization of the RSVP Renewal Application and Agreement DEPARTMENT: PUBLIC HEARING: YES: NO: X_ Department on Aging Jerry M. Passmore, Director ATTACHMENT(S): INFORMATION CONTACT: (1) RSVP Resolution for Submission (pg. 2) TELEPHONE NUMBER: Hillsborough - 732 --8181 (2) Final Application (pg. 4 -8) Chapel Hill - 968 -4501 Mebane - 227 -2031 (3) Pro Forma Grant Award Notice (pg. 9 -14) Durham - 688 -7331 PURPOSE: To request approval of the RSVP (Retired Senior Volunteer Program) final application and to enter into an agreement with ACTION for the period July 1, 1992 through June 30, 1993 in the amount of $36,993 in federal funds. Total proposed grant is $86,439, with $36,269 from Orange County, $12,277 from Chapel Hill, and $900 from Carrboro. BACKGROUND: This is a yearly Continuation Application covering volunteer services provided by 493 retirees serving approximately 58,630 hours for 60 non - profit organizations in Orange County. The RSVP objectives will include recruiting, placing, and recognizing these volunteers. Impact: There would be no major increase in County match funds for the continuation of the program next year, other than RSVP staff merits and cost of living increases. RECOMMENDATION(S): Manager recommends approval and authorizes the Chair to sign application and Notice of Grant Award. .0 2. A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) BE IT RESOLVED by the Commissioners of Orange County that the Commissioners authorize the County Manager to submit an application to ACTION for a $36,993 grant for continuation of the Retired Senior Volunteer Program for twelve months and to certify to the federal government the willingness of the County to assure a minimum of 30% in cash, goods, and services as the non- federal share in support of the program. This is the Ninth day of March, 1992. 4 N 3. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and Clerk of the Orange County Board of Commissioners does hereby certify: That the attached resolution is a true and correct copy of the resolution to authorize the County Manager to submit an application to ACTION for a $36,993 grant for continuation of the Retired Senior Volunteer Program for Twelve months and to assure minimum support of this program of 30% in cash, goods, and services, and further, that such resolution has been fully recorded in the journal of proceedings and recorded in my office. IN WHITNESS WHEREOF, I have hereunto set my hand this 9th day of March, 1992. ORANGE COUNTY BOARD OF COMMISSIONERS BY: Beverly A. Blythe, Clerk 4. ORANGE COUNTY RETIRED SENIOR VOLUNTEER PROGRAM 1992 - 1993 ACTION GRANT APPLICATION �. r......... PART 1 OMB APPraVW No. 0948.0043 ArrLt, A f, IIvf,'41 rvrli I DATE SUBWTTED Applicant Identifier FEDERAL ASSISTANCE 02 -21 -92 NONE 1. TYPE OF SUBw=ON: 3. DATE RECEIVED BY STATE state Application Identifier Appfic2bbn Preappadmian ❑ Construction ❑ Cansauedon DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ❑ Non- Conswcdon ❑ IV77r1•Corlstrucdon S. APPLICANT INFORMATION L:gal Name: Organizational Unit ORANGE 00UM COU[M GOVEMIE r ACdress (give Oty, CDUnty, state, and zip code): Name and telephone number of the person to be contacted on matters Orange County involving this application (give area code): P.O. Box 8181 Kathy Mangum, RSVP Director Hillsborough, NC 27278 (919) 968-0060 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7• TYPE OF APPLICANT: (enter appropriate letter in box) 5 6 --- 1 6 1 0 1 0 Ot 3 2 7 A. State H. Independent School District S. County I. State Controlled Institution of Higher Leaming C. Municipal J. Private University D. Township K. Indian Tnbe a. TYPECFAPPLICATION: ❑ New Continuation ❑ Revision E. Interstate L Individual F. Intermunicipal M. Profit Organization If Revision, enter appropriate letter(s) in box(es): Q [] G. Special District N. Other (Specify): A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (specify): A. NAME OF FED ERAI. AGENCY: ACTION - 10. CATALOG OF FEDERAL DOMESTIC I 1 2 11. DESCRIPTIVE TITLE OF APPUCANTS PROJECT: The O.C. Retired ASSISTANCE NUMBER: 7 2 O O islior Volunteer Progr [t provides for individuals EO & 77L -: RETIRED SENIOR VOLUNTEM PROGRAM ajer the c:pertu uty to serve the aniTtzaties nar-Lxafi agencies &=-ugh maningful and re arding volunteer plaomt mts. Placrarents are bad on the volunteer's skills, expatim, interests, and the rze6s of the ,: AREAS AFFECTED BY PROJECT (Cities, ccunzres. states, etc.;: Hillsborough, Chapel Hill, Carrboro Orange County, North Carolina agencies. Plgencies are rewired to sc-fLit detailed jcb oescripticns of each assigment. ! 3. PRCPOSE�I PROJECT: 1 14, CONGRESSIONAL DISTRICTS OF: 107H Start Date Ending Date a. Applicant b. Project 07 -01 -92 06- 30-93 Fourth Fourth t5. = 37MATED FUNDING: 1S IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 17372 PROCESS? a. YES. THIS PREAPPLICATION /APPLICATION WAS MADE AVAILA13LE TO THE a. = ederal S 36,993 .00 STATE O(ECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: b. Applicant $ .00 36,269 DATE c. State S .00 --0— I b. NO. ❑ E3 PROGRAM IS NOT COVERED BY E. O. 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW d. Local 5 13,177 .00 e. Other $ .00 f. Program Income S cc 17. 13 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? �- ❑ Yes If'Yes.' attach an explanation. EX No g. TOTAL. $ .00 86, �l39 19. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPUCATIOK"EAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WTTH THE ATTACHED ASSURANCES IF THE ASSISTANCE Is AWARDED a. Typed Name at Authorized Representative ' b. Idle C. Tel hone Number 9)-732-8181 �.�_w� (9 �.,�r Moses n _ Zt F Orange-.CO, _YYJ� LIP. S Els-t. 2125 e. Date Signed . d. Signature of Authorized Representative Previous Eatiorn Not Usaa. Pwrnwraeo Tor wwr rAPrQWMuvn rage t pro I of 424 (MM. B) rraaraum by OMB Circular A-102 TOTAL PERSONNEL EXPENSES IS 59,294 100 174S, 59,294 PART 11- BUDGET b. FRINGE BENEFITS 6 (1) VOLUNTEER SUPPORT EXPENSES 800 c. (2) GRANTEE STAFF LONG DISTANCE TRAVEL 924 a. GRANTEE PERSONNEL (1) (2) e. SUPPLIES (3) (4) (5) (6) EXPENSES Annual 240 % Time Communications Postage, Phone Total Fedmail Funds Non - Federal Excess POS37YQn Tide Salary Spent on h. 'DRECT COSTS Cost Requested Resources Resources S 30,354 (2) VOLUNTEER EXPENSES a. PERSONNEL E:CPENSES S Evends F. 4; »: Y:i: C.. rill Y�.•y � >�np� S S Project Director 25,600 100 Meals 25,600 10,767 7,189 7,644 Assistant Project Director 19,342 100 Insurance 19,342 81179 6,133 5,030 Clerical/Data Entry Aide 4,992 100 c. TRAVEL 4,992 -0- --0- 4,992 (16 hrs /wk) RSVP Ebmily Literacy C crdina 9,'. 360 100 9,360 6,950 -0- 2,410 (20 hrs /wk) TOTAL PERSONNEL EXPENSES IS 59,294 100 174S, 59,294 S 25,896 b. FRINGE BENEFITS 13,633 3,939 C. (1) GRANTEE STAFF LOCAL TRAVEL 800 c. (2) GRANTEE STAFF LONG DISTANCE TRAVEL 924 d_ E 0 Ti- I P _'YfENi e. SUPPLIES 300 19 f. CONIRACTUAL SERVICE Z. OT=. Dues, Periodicals 240 Communications Postage, Phone 1,690 200 Prinun z 1,202 300 Space h. 'DRECT COSTS i. TOTAL VOLUNTEER SUPPORT EXPENSES IS 78,083 S 30,354 (2) VOLUNTEER EXPENSES a. PERSONNEL E:CPENSES S Evends F. 4; »: Y:i: C.. rill Y�.•y � >�np� b. FRINGE BENR=F S Meals 80 FICA Uniforms Insurance 1,116 979 RecoQmmdcn 4,300 2 , 800 Other. c. TRAVEL 2,860 2 , 860 1931040,10k - 513,322 2,556 S 20,076 7,138 800 924 281 240 1,490 902 ,878 IS 31,851 L'Ll 137 1,500 h. TOTAL VOLUNTEER EXPENSES 5 8,356 S 6,639 $ -0- S 1,717 i. TOTAL COSTS $ 86,439 S 36,993 S 15 878 S 33,568 (3) PERCENTAGES 100% 70% 30% ACTION FORM 424-AA (10/90) Modified 5F 424A (4188) Page 2 Prescribed by OMB C=iiar A -102 i RSVP BUDGET RSVP REVENUE SOURCES FEDERAL FUNDING FROM ACTION NON - FEDERAL FUNDING Cash Revenues Orange County Town of Chapel Hill Town of Carrboro Total Cash Revenues TOTAL REVENUE: 1991 -92 1991 -92 1992 -93 PROPOSED BUDGET PROPOSED STAFF SALARIES $62,167 $59,294 STAFF FRINGE BENEFITS 9,315 13,633* STAFF TRAVEL 1,724 1,724 SUPPLIES 479 300 OFFICE SPACE (IN -KIND) POSTAGE AND PHONE 1,690 1,690 PRINTING & DUPLICATING 2,776 1,202 PERIODICALS, DUES, ORIENTATION 240 240 EQUIPMENT 822 VOLUNTEER MEALS 80 80 VOLUNTEER TRANSPORTATION 2,860 2,860 VOLUNTEER RECOGNITION 4,300 4,300 VOLUNTEER INSURANCE 1,116 1,116 $87,569 $86,439 RSVP REVENUE SOURCES FEDERAL FUNDING FROM ACTION NON - FEDERAL FUNDING Cash Revenues Orange County Town of Chapel Hill Town of Carrboro Total Cash Revenues TOTAL REVENUE: 1991 -92 1992 -93 BUDGET PROPOSED $36,993 $36,993 50,576 49,446 37,599 12,277 700 $50,576 36,269 12,277 900 $49,446 (100 %) $87,569 (100 %) $86,439 ** * Difference is 1 staff is now covered under PCP family policy and coverage for the vacant assistant position has been calculated at the highest rate. 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ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda _ Item No. � -C ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: Orange County Human Services Transportation Bylaws Revision DEPARTMENT: Aging /CAT Program PUBLIC HEARING YES: NO: X ATTACHMENT(S): (1) Bylaws revision INFORMATION CONTACT: Jerry Passmore (Revised sections underlined) (2) Proposed membership listing TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 ----------------------------------------------------------------------- PURPOSE: To consider revision of the Orange County Human Services Transportation Advisory Board bylaws. BACKGROUND: The present Transportation Advisory Board bylaws, adopted by the County Commissioners in 1987,'reflect a limited board membership originally involved with the transportation program. Since that time, the C.A.T. (Coordinated Agency Transportation) Program has grown dramatically in serving more community agencies. Thus, the bylaws need revision to reflect changes in the program. The Orange County Transportation Development Plan Update (TDP - approved January 22, 1991) recommended revising the Transportation bylaws to involve more community agencies in the monitoring of the four year transportation plan. On October 31, 1991, the Transportation Advisory Board recommended the following: (1) to change the board name from Human Services Transportation to Transportation, reflecting the board's concern with public transportation issues, (2) to expand its membership (from 9 to 21) to include more C.A.T. agencies, (3) to reduce the number of official meetings from monthly to quarterly, and (4) to specify the board secretary as the Department on Aging Director or another County Manager appointee. RECOMMENDATION W : Manager recommends approval of revised bylaws. #2 ORANGE COUNTY TRANSPORTATION ADVISORY BOARD Operational By -Laws ARTICLE I - NAME The name of the board established by the Orange County Commissioners is the orange County Transportation Advisory Board. ARTICLE II - POWERS AND DUTIES The Transportation Advisory Board shall be responsible for the following duties: (1) Serve as a liaison between the residents of Orange County and the County Government concerning transportation issues. (2) serve as the advisory body to Orange County Department on Aging as lead agency, in the operation of the Coordinated Agency Transportation (CAT) Program. (3) Recommend policy to the Board of County Commissioners, particularly with respect to a comprehensive; coordinated, cost effective approach to the delivery of transportation services for human service agencies. (4) Work to stimulate and promote needed transportation services and programs for Orange County residents. (5) Assist public and voluntary agencies in providing transportation services to their clients. (6) Assist in developing and updating the Orange County Transportation Development Plan (TDP). (7) Perform other functions and duties from time to time as requested and prescribed by the Board of County Commissioners. ARTICLE III - COMPOSITION 1. Number and Qualifications The Orange County Transportation Advisory Board is composed of twenty-one Orange County members. Sixteen t N H #3 Page 2 of 5 of the Advisory Board members will be automatically appointed by the following agencies: (1) Cedar Grove D4y_Care Center, (2) Durham Technical Community College, (3) Economic Development Commission, (4) Joint Orange- Chatham Community Action, (5) O.P.C. Mental Health Center (6) Orange Chatham Comprehensive Health Services, (7) Orange County Agriculture Extension, (8) Orange County Department on Aging, (9) Orange County Department of Social Services, (10) Orange County Housing and Community Development, (11) Orange__County Health_ Department, (12) Orange County Manager's Office, (13) Orange County Parks _and_ Recreation, (14) Orange Enterprises, (15) Town of Hillsborough (16) Wake- Orange Chatham Headstart, - The remaining five non - agency members shall be chosen at large by the Orange County Board of Commissioners with priority being given to one-private transit operator. 2. Terms and Rel2lacements of At Large Members At Large members of the Transportation Advisory Board shall serve two year terms, but no more than two consecutive two year terms. 3. Vacancies All vacancies on the Transportation Advisory Board shall be filled by appointment by the County Board of Commissioners, or the agency appointee. The person appointed shall serve for the unexpired portion of the term. 4. Attendance Any member of the Board who misses more than three meetings any twelve month period, shall lose his /her status #4 t t Page 3 of 5 as a member of the Board and shall be replaced by the Orange County Board of Commissioners or the Agency appointing them. Absences due to sickness, death of an immediate family member shall be considered approved absences and shall not affect the member's status. Following the second absence, the Secretary will notify the member in writing of the attendance policy. 5. ASency Appointments and Alternates An officially appointed alternate may represent the agency and shall have full voting privileges. ARTICLE IV - REGULAR MEETINGS 1. Dates and Location Regular meetings of the Orange County Transportation Advisory Board_ will hol_d__quarterly_meeting_s that are scheduled to occur in the months of January, April, July, and October. All meetings will be conducted with a maximum time limit of two (2) hours. Location of meetings and specific times will be established by the Transportation Advisory Board. 2. Quor um A majority of the Board then in office shall constitute a quorum for the transaction of business for any meeting of the Board. ARTICLE V - OFFICERS 1. Number and Title The principle officers of the Board shall be a chairper- R #5 Page 4 of 5 son, vice - chairperson and secretary. The office of secretary will be held by the Director of the Orange County Department on Aging or another appointee of the County Manager. 2. Election The chairperson and vice - chairperson shall be elected by the Board for a term of one year at its first meeting in the County fiscal year or until his /her successor shall be duly elected and qualified. 3. Vacancies Any vacancy in any office elected by the Board may be filled by the Board for the unexpired portion of the term. 4. Chairperson The chairperson shall preside at all meetings of the Board and shall represent the Board in approved activities on its behalf. 5. Vice - Chairperson In the absence of the Chairperson, the Vice - Chairperson shall perform the duties of the Chairperson. 6. Secretary The Director of the Department on Aging as Secretary shall: (a) record and keep a file of the minutes of the board meetings, (b) see that all notices of meetings are duly given and, (c) in general perform all duties incident to the office of secretary. #6 M Page 5 of 5 ARTICLE VI - COMMITTEES The Board may designate one or more Committees as it shall determine, persons other than Board members may be named to committees, but they.may not serve as chairperson. ARTICLE VII - RULES OF ORDER At all meetings of the Board and of such committees as as may be established by it, parliamentary procedure shall be governed by the latest edition of Roberts Rules of Order, and as modified by the rules of the Board. ARTICLE VIII - AMENDMENTS These by -laws may be'adopted, altered or appealed by the affirmative votes of a majority of the members in office at any regular or special meeting of the Board, but only if the written notice of such meeting shall have contained a copy or an accurate summary and explanation of the proposed by- laws amendment, alteration, or repeal as the case may be. The written notice of the proposed by -law change must be mailed at least 7 days prior to the meeting. Amended by -laws shall then be submitted to the Orange County Board of Commis- sioners for final approval. Approved by Transportation Adv. Board: October 31, 1991 Adopted by County Commissioners: (FN:TABYLAWS.DOC) I : FEBRUARY 21, 1992 ORANGE COUNTY TRANSPORTATION ADVISORY BOARD MEMBERSHIP LISTING ORGANIZATION ALTERNATE MANAGER'S OFFICE CEDAR GROVE DAY CARE HELEN ENGLISH TOWN OF HILLSBOROUGH DEPARTMENT OF SOCIAL SERVICES PATTY CLARK ECONOMIC DEVELOPMENT COMMISSION JIM GIBSON ORANGE ENTERPRISES DONNA WYLAND JOCCA JAMES BRITTAIN DURHAM TECHNICAL COMMUNITY COLLEGE RUSS CONLEY HOUSING & COMMUNITY DEVELOPMENT AGRICULTURAL EXTENSION ALICE PETTITT ORANGE - CHATHAM COMPREHENSIVE HEALTH MIKE EYSTER WAKE - ORANGE- CHATHAM HEADSTART LINDA BROWN ORANGE COUNTY PARKS & RECREATION ORANGE COUNTY HEALTH DEPARTMENT EILEEN KUGLER OPC MENTAL HEALTH ORANGE COUNTY DEPARTMENT ON AGING CITIZEN - COMMISSIONER REPRESENTATIVE NOT APPLICABLE CITIZEN - COMMISSIONER REPRESENTATIVE NOT APPLICABLE CITIZEN - COMMISSIONER REPRESENTATIVE NOT APPLICABLE CITIZEN - COMMISSIONER REPRESENTATIVE NOT APPLICABLE CITIZEN- COMMISSIONER REPRESENTATIVE NOT APPLICABLE (FN: TABMEMS.DOC) MEMBER ALBERT KITTRELL NANCY TAPP ERIC SWANSON MARTI COOK TED ABERNATHY SANDI HOPKINS GLORIA WILLIAMS CAROL GHIDORZI TARA FIKES FLETCHER BARBER MOSES CAREY ETHEL PERKINS WILMA TINNEY DANIEL REIMER GRETCHEN REUTER JERRY PASSMORE 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.=-D ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: Whitted Forest Housing Development Program Development Agreement DEPARTMENT: Housing /Community Dev. PUBLIC HEARING YES: x NO: -------- --------- --- - - --- -- ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes Development Agreement TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: - -- To- approve -the Development Agreement with the Hillsborough Affordable Housing Corporation for the Whitted Forest Housing Project. _ BACKGROUND: In October 1991, the County received a preliminary award of $250,000 in Community Development funds to assist the Hillsborough Affordable Housing Corporation (HAHC) with the con- struction of a 35 rental unit development known as Whitted Forest. In order to make the award final and receive funds, certain conditions must be fulfilled. These conditions are: 1. A legally enforceable agreement between the County and the Hillsborough Affordable Housing Corporation that is will carry out the activities proposed in the original grant application. 2. A copy of HAHC's Articles of Incorporation. 3. Evidence of HAHC's application to the IRS for 501(c)(3) tax - exemption status. 4. Documentation that all non -CDBG funds necessary to complete the project are committed, specifically, construction financing. Since preliminary award, County staff has been working with HAHC to fulfill these requirements. To date, Conditions 2 and 3 have been accomplished. Financing commitments ( #4 above) should all be in place by March 30, 1992. Thus, the only outstanding requirement would be the execution of a Development Agreement with Hillsborough Affordable Housing Corporation obligating them to carry out the development of Whitted Forest. Fa It is recommended that this agreement be approved at this time, but, executed only after all financial commitments from non -CDBG sources have been obtained and with the approval at that time by the County Attorney. This will insure that HAHC has the financial capacity to carry out the project as originally proposed. This process will also enable County staff to move swiftly, after these commitments are received, to achieve final grant award. RSCW=NDATION(S): The Manager recommends approval of the Development Agreement with the Hillsborough Affordable Housing Corporation for the Whitted Forest Housing Project and authorize the Chair to sign the document on behalf of the Board upon approval by the County Attorney. la LEGALLY BINDING COMMITMENT DEVELOPMENT AGREEMENT HOUSING DEVELOPMENT GRANT PROGRAM COUNTY OF ORANGE, NORTH CAROLINA This AGREEMENT, made and entered into this day of 1992, by and between Hillsborough Affordable Housing Corporation, Inc., hereinafter referred to as the "HAHC ", and the County of Orange, a body politic located in the State of North Carolina, hereinafter referred to as the "County ". This agreement will not become effective until all conditions placed upon the County's funding approval are satisfied and funds are released by the N.C. Department of Economic and Community Development (ECD). WITNESSTH WHEREAS, the MB Housing Foundation presently holds an option to a 5.9 acre .tract of land located in the Hillsborough Township on behalf of the Hillsborough Affordable Housing Corporation; and WHEREAS, the 'Hillsborough Affordable Housing Corporation intends to purchase 's roperty which is more particularly described in Exhi at ched hereto herein after referred to as the "Pr r '; nd WHEREAS, Habitat de' to improve the Property with the construction of a 35 un multifamily rental development known as Whitted Forest, in accordance with all applicable legal requirements and the Charter and Bylaws of HAHC, for lease to low and moderate income families; and WHEREAS, Orange County desires to participate in this project and has received a grant from the N.C. Department of Economic and Community Development Division of Community Assistance in the amount of $250,000 to be used to assist in the development of the Property; to be structured as a second mortgage with a 40 year repayment schedule; and WHEREAS, the Division of Community Assistance has conditioned its approval of the requested grant upon HAHC's ability to meet certain financial requirements, which will enable HAHC to build 35 rental units on the subject property within the period hereinafter specified; and NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto do agree as follows: *1* 3 ARTICLE ONE HAHC agrees to execute its responsibilities identified in the County's CDHG Application to ECD dated July 31, 1991. (Exhibit A). ARTICLE TWO HAHC further agrees to construct no fewer than thirty - five units for low and moderate income families meeting all applicable legal requirements. With prior approval from ECD, this commitment may be partially waived by the County if failure to meet the commitment is determined to be due to events beyond the control of HAHC including, but not limited to, an unfavorable, unforeseeable occurrence of severe economic conditions and where such waiver will not substantially affect the project as described in the application. ARTICLE THREE The County agrees to execute its responsibilities as defined in the approved grant application (Exhibit A) and within the times set forth therein. ARTICLE FOUR HAHC agrees to repay a uy he $250,000 second mortgage loan herein pro ording to the Repayment Schedule attached as Exhibi hese payments will be annual and due by December 31st of c year during the life of the loan. Payments should be, sent to the Orange County Finance Office, 109 Court Street Hillsborough, N.C. 27278. ARTICLE FIVE 1. Each party shall keep and maintain books, records, and other documents relating directly to the receipt and disbursement of grant funds and the fulfillment of this agreement. 2. Each party agrees that any authorized representative of the County of Orange, the North Carolina Department of Economic and Community Development, the North Carolina Department of Housing and Urban Development, and Comptroller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all of the books, records, and other documents relating to the grant and the fulfillment of this agreement for a period of three (3) years following the completion of all closeout procedures respecting the Community Development funds, and the final settlement and conclusion of all issues arising out of the Community Development project. *1* 4 3. Not withstanding anything herein to the contrary, the parties, hereto acknowledge the due execution of the Community Development Grant Agreement between the County and ECD and agree that any conflict between the provisions, requirements, duties or obligations of this agreement and the Community Development Grant Agreement shall be resolved in favor of the Community Development Grant Agreement. 4. Upon completion of the obligation of each party under this Agreement, and the receipt of a Certificate of Completion from ECD; the County shall notify HAHC in writing that all requirements have been fulfilled thereby releasing HAHC from its obligations herein stated. 5. This Development Agreement constitutes a legally enforceable contract and shall be governed by and construed in accordance with the laws of the State of North Carolina. ATTEST Beverly Blythe, Clerk Board of Commissioners ATTEST COUNTY OF ORANGE, N.C. eg Carey, Jr. to hairman, Orange County Board of Commissioners HILLSBOROUGH AFFORDABLE HOUSING CORPORATION Jim Summers, President *1* O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 Action Agenda Item # J SUBJECT: Visitor Bureau DEPARTMENT: PUBLIC HEARING: Yes X No Personnel and Economic Development ATTACHMENT(S): INFORMATION CONTACT: Moses Carey, Chair None TELEPHONE NUMBERS: Hillsborough -732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill -967- 9251/968 -4501 PURPOSE: To establish a permanent time limited positiort for -the Chapel Hill /Orange County Visitor Bureau Director for a period not to exceed one year from the Director's appointment date. BACKGROUND: Last year the Board of County Commissioners established the Chapel Hill /Orange County Visitor's Bureau and appointed an Interim Board of Directors. The plans are to incorporate the Bureau into a private non- profit after an appropriate transition period. During that period, accounting and personnel systems will be established. In the interim, the Visitor Bureau Director will be a County employee. The permanent time limited status is proposed so that the Director will be covered by County benefit plans. The salary range recommended is that approved by the Interim Visitor Bureau Board. All funding for the program including salary for the Director is generated by the one z percent Hotel /Motel Occupancy Tax adopted in 1991. RFCOMM]3NDATION: The Manager recommends that the Board approve the creation of the permanent time limited position and approve the addition of the classification of Visitor Bureau Director at a salary range of $29,000 - $42,000 to the classification and pay plan. I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda -.�- r- ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: MARCH 9, 1992 SUBJECT: BOND EDUCATION STEERING COMMITTEE DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X -- -------------------------- -- - - -- — ATTACHMENT(S): YES INFORMATION CONTACT: MOSES CAREY JR. TELEPHONE NUMBER Hillsborough - 732-8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To establish an Education Steering Committee to educate the public about the capital facilities bond issue to be voted on by Orange County citizens on November 3, 1992. BACKGROUND: The purpose of this committee will be to inform citizens of needs which prompted the bond referendum and costs associated with its passage. This committee will be composed of citizens and agency representatives -as listed below: 1 representative from each of the teacher organizations in both school systems (4) 1 representative from each PTO of the two school systems 1 representative from each of the two school boards 1 representative from each of the two chambers 2 representatives from the County Commissioners 1 representative from the Economic Development Commission 1 representative from the business community 2 superintendents 1 representative from the University AT LARGE citizens (number not limited) For the Board's information, a copy of the mission and strategies used for the 1988 bond committee is attached. RECOMMENDATION(S): Approve the formation and membership of this committee with actual appointments to be brought back to the Board for their consideration on March 24. ^ten 2 MISSION 1. Inform citizens of needs which prompted bond referendum and coats associated with its passage. 2. Develop network of community resources to properly educate the public. STRATEG4IES 1. Develop speakers bureau to articulate rationale for bond issue to civic, educational and other community groups. 2. Give direction to development of educational tools such as a slide show. 3. Educational committee should feel free to stimulate action of subcommittee to perform any of the above task or to pursue promotional efforts. I O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 Action Agenda Item # SUBJECT: Declassification of Haw Creek Reservoir and Watershed DEPARTMENT: County Manager PUBLIC HEARING: Yes X No ATTACHMENT(S); INFORMATION CONTACT: County Engineer Letter from DEM Agreement to abandon watershed Letter to DEM from Hillsborough TELEPHONE NUMBERS: Draft Resolution Hillsborough - 732 -8181 Copy of BOCC minutes 11/11/68 Durham - 688 -7331 Letter to BOCC from Orange /Alain. Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE; To present to the BOCC a draft resolution, for approval and enactment, requesting that the NC Environmental Management Commission deny the petition of the Orange /Alamance Water System to de- classify the Haw Creek watershed. BACKGROUND: Effective in 1989, Orange County. Hillsborough, Orange - Alamance. Piedmont Minerals and the NC Division of Water Resources entered into a Capacity Use Agreement for the purpose of conserving the water supplies available from the upper Eno River and to maintain the instream flow in the portion of the Eno River below Hillsborough. Orange County entered into the Capacity Use Agreement with the knowledge and understanding that approximately 75 percent (600,000 gallons per day) of Orange- Alamance's water use was serving customers in the Haw River basin in Alamance County. Orange County was also aware that Orange- Alamance was historically committed to obtaining water supplies other than the Eno River to supply it Alamance County customers. This commitment was outlined in two letters from Orange Alamance to the Orange County BOCC in 1968. One letter contained promises to the effect that Orange- Alamance would reduce its dependency on the use of Eno River water by purchasing water from Graham to supply its Alamance County customers whenever the Eno had to be supplemented by releases from Lake Orange. A second letter indicated that Orange - Alamance would develop areservoir and water treatment plant in the Haw Creek basin to supply its water customers in the Haw basin. In the fall of 1991, the Orange - Alamance Water System entered into an agreement with the Towns of Graham and Mebane allowing Orange - Alamance to purchase water from z Mebane and Graham. Under the terms of the Orange - Alamance/ Mebane /Graham agreement, Orange - Alamance would be allowed to purchase water from Mebane and Graham at best - customer rates. However, in the agreement Mebane and Graham required that Orange - Alamance agree to abandon its plans to develop the Haw Creek Reservoir. A second requirement of the agreement was that Orange - Alamance had to request that DEM and the NC Environmental Management Commission de- classify the Haw Creek watershed from its water supply watershed classification. The stated goal of de- classification was to be the removal of state required watershed protection requirements, including land use and impervious surface restrictions, from the Haw Creek watershed. The removal of these restrictions would allow Mebane and Graham greater flexibility to develop this area and preserve the area's maximum economic development potential. Another provision required by Mebane and Graham in the agreement is that Orange- Alamance must consume its entire Eno River withdrawal allocation specified by the Capacity Use Agreement prior to being able to purchase water from Mebane and Graham. This provision, along with the abandonment of plans to build the Haw Creek Reservoir, effectively means that Orange - Alamance would forever be dependent on Eno water supplies to serve their Alamance customers. If these critical provisions of the water sales agreement are not modified, the end result of the agreement is that the development potential of Mebane, Graham and Alamance County is enhanced while the water supply necessary for existing demand as well as for water supply - related development potential of Orange County is impaired. DEM is allowing other potential water suppliers the opportunity to object to the declassification of the Haw watershed if a potential for use of that watershed exists. If the parties to the Orange- Alamance /Mebane /Graham agreement do not modify the agreement so that Mebane and Graham supply Orange- Alamance's Haw River basin customers during the Eno's low flow times, then a County jurisdiction or water purveyor may be forced to develop a proven Haw Creek site as a reservoir which can be used to supply water to the Eno basin. The Town of Hillsborough has recognized this potential scenario and has, by authorization of the Town Board, submitted a letter to DEM objecting to the declassification of the Haw Creek watershed. RECOMMENDATION: The Manager recommends that the Board consider the attached resolution opposing the declassification of the Haw reservoir, modify it to its satisfaction, authorize the Chairman to sign the approved resolution, and submit the resolution to DEM. 3 4�A� IAira R State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary Mr. John Link, Jr. Orange County Manager 109 Court St. Annex Hillsborough, NC 27278 Dear Mr. Link: DEC 9 W George T. Everett, Ph.D. December 4, 1991 Director Our office recently received a letter from the president of Orange - Alamance Water System, Inc. notifying us of the planned abandonment of Haw Creek Reservoir as a raw water impoundment. I am enclosing a copy of that letter as well as an agreement between Orange - Alamance Water System and the cities of Graham and Mebane, which assures that the Graham - Mebane Reservoir is sufficient to meet their future water siSpply_ needs. Orange- Alamance Water System, Inc. has requested that the Haw Creek watershed no longer be protected as a future potable water supply source in the Division of Environmental Management's schedule of classifications and water quality standards. in order for us to consider reclassifying the Haw Creek watershed accordingly we need to be assured that no one else has an interest in utilizing the Haw Creek watershed for either primary or emergency water supply. Would you please contact either. myself or Steve Zoufaly, Supervisor of the Standards and Classification Group, to confirm that there are no other plans to use this source for water supply. Thank you in advance for your consideration of this matter. If you have any questions, please don't hesitate to call us at (919) 733 -5083. Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston -Salem 704/251 -208 919/4861541 704/663 -1699 919/733 -2314 919046 -6481 919/395 -3900 919/761 -2351 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 276260535 Telephone 919- 733 -7015 A, ...el (ln.v+.«...i... A F(i.- .". A,— F,..4" 4, John Link, Jr. Page 2 December 4, 1991 Sincerely, Monaca Swihart Environmental Specialist Water Quality Planning cc: Robert C. Smith, Alamance Co. Manager Wally Venrick, Environmental Health Steve Mauney, WSRO, DEM Tim Donnelly, RRO, DEM . 5 Orange — Alamance Water System, Inc. POST OFFICE BOX 187 MEBANE. NORTH CAROLINA 27302 TELEPHONE (919) 563 -6212 November 6, 1991 91220 Mr. Bradley Bennett Division of Environmental Management Post Office Box 29535 Raleigh, North Carolina 27626 --0535 Subject: Proposed Haw Creek Reservoir Alamance, County, North Carolina Dear Mr. Bennett: Please refer to my letter dated October 29, 1991, regarding the aforementioned "Subject ". In that letter I stated that the City Councils of both Graham and Mebane were scheduled to meet on November 4, 1991. They both did meet on the evening of that day and both City Councils approved the "Agreement" between Graham, Mebane, and Orange - Alamance Water System, Inc. You will recall that I had enclosed a copy of that "Agreement" in my letter of October 29th. I am now enclosing three (3) fully executed copies of the "Agreement ". You will note that Graham and Mebane agree to sell water to Orange - Alamance Water System, Inc., and we agree to abandon any interest that we may have in the development of a raw water reservoir on Haw Creek. We now therefore respectfully request that the Haw Creek watershed no longer be protected as a future potable water supply source for Orange - Alamance Water System, Inc. Sincerely, ORANGE- AIANANCE WR'I'ER SY INC. rner J. Forrest esident TJF /sj encls. cc: Ray Fogleman, Manager - City of Graham Robert Wilson, Manager - City of Mebane L. A. Alley - Alley, Williams, Carmen, & King, Inc., Burlington, NC Charles Bateman, Attorney, P.O. Drawer 1209, Burlington, NC 27215 6 NORTH CAROLINA ALAMANCE COUNTY THIS AGREEMENT, made and entered into as of the 4' day of November, 1991, by and between ORANGE- ALAMANCE WATER SYSTEM, INC., a North Carolina Non -Profit Corporation, with its principal office in the City of Mebane, North Carolina, hereinafter referred to as "Orange- Alamance ", the CITY OF GRAHAM, a North Carolina Municipal Corporation, hereinafter referred to as "Graham ", and the CITY OF MEBANE, a North Carolina Municipal Corporation, hereinafter referred to as "Mebane "; WITNESSETH: THAT WHEREAS, Orange- Alamance is a non- profit corporation, formed for the purpose of and engaging in the impoundment of potable water supplies, the treatment of same and the delivery and provision of potable water supplies to portions of Orange and Alamance Counties in the State of North Carolina, and to that end said Orange- Alamance operates a raw. water storage impoundment, a water treatment facility and distribution lines to various sections of said counties, and WHEREAS, the City of Graham and the City of Mebane jointly own and operate the Graham- Mebane Reservoir and Water Treatment Facility, with each party owning its own separate distribution facilities, and WHEREAS, Orange - Alamance has begun to acquire land in Haw Creek drainage basin for the future purpose of establishing an additional water storage I impoundment on the Haw Creek, northeast of NC Highway 54, and WHEREAS, the Haw Creek drainage basin lies within the growth areas of both Graham and Mebane, and WHEREAS, the designation of the Haw Creek basin as a potential raw water impoundment area adversely affects the growth potential of both Cities within said Haw Creek drainage basin, and WHEREAS, said Cities have requested Orange- Alamance to relinquish all interest in developing the Haw Creek reservoir and the Haw Creek drainage basin as a raw water impoundment, and WHEREAS, Orange - Alamance is willing to abandon said project so long as it secures assurances of water availability from the Graham - Mebane Reservoir sufficient to meet its needs in its growth area, and WHEREAS, Graham and Mebane are willing to provide assurances of additional water sales to Orange- Alamance, with said sales being in addition to the current water available to Orange- Alamance from its own impoundment on the Eno River. NOW THEREFORE, the parties hereto do agree as follows: 1. ABANDONMENT OF HAW CREEK RESERVOIR. In consideration of the covenants herein contained, Orange- Alamance hereby agrees to abandon any interest that it may have in the development of a raw water impoundment or reservoir on the Haw Creek, and further agrees that it will advise the appropriate regulatory authorities that Orange- Alamance has no interest in having said basin designated as a future potable water supply area. 2. Attached hereto as Exhibit A is a map which generally represents ,the twenty to twenty -five year growth area for Graham and Mebane, with the. respective growth area of each municipality indicated upon said map. Much of said growth area is included within the existing future development area of the Orange- Alamance Water System, Inc. Graham and Mebane agree that each will sell to Orange - Alamance at its prevailing best customer price, or such other suitable price as shall be mutually agreed to by the parties, sufficient water to supply all customers of Orange - Alamance within the respective growth areas of Graham and/or Mebane. It is understood by all parties that Orange- Alamance must first utilize its allocation of water resources from the Eno River Reservoir prior to the purchase of water from Graham or Mebane, except in emergency situations wherein the parties agree to make water available to Orange- Alamance on an equitable basis. 3. LIMIT ON WATER SALES. All parties agree that in no event, without the prior consent of Graham and Mebane, will water purchased by Orange - Alamance from Graham- Mebane be resold to the Town of Hillsborough or any other system. The intent of this Agreement being to supply water to Orange- Alamance for its existing system or any expansion thereof. 4. APPROVAL OF ADDITIONAL EXPANSION. Orange - Alamance agrees that as to expansions of its systems, an expansion to serve any single user or subdivision with requirements in excess of 50,000 gallons of water per day will require the prior approval of all parties when such user's needs must be met by the purchase of water from either Graham or Mebane. 5. ANNEXATION OF AREAS. In the event that either Graham or Mebane shall annex areas served by Orange - Alamance, the annexing City agrees that it will purchase Orange - Alamance water mains in the annexed area at a price determined by replacement cost less depreciation. From and after the purchase of said lines, the purchasing municipality shall be responsible for all upkeep, maintenance and repair of said mains. The customers on the Orange - Alamance Water System served by the water mains purchased by either City may become the property of that City or remain the property of Orange - Alamance Water System, as the two entities decide between themselves. In the event the parties do not agree on whether or not the customers will be transferred, the customers shall remain customers of Orange- Alamance Water System. Notwithstanding the transfer of title of the water mains in the annexed areas to the City in question, Orange - Alamance Water System shall be permitted to continue to use said water mains to transfer water to its remaining customers. 6. ADDITIONAL DOCUMENTS. Each party agrees to execute and deliver such other and further documents as shall be necessary to effectuate the purpose and intent of the agreements herein set forth. IN WITNESS WHEREOF, ORANGE- ALAMANCE WATER SYSTEM, INC. has caused this Agreement to be executed by its duly authorized officers and its corporate seal affixed, and the CITY OF GRAHAM and the CITY OF MEBANE have caused this instrument to be executed by its Mayors and their City Clerks, with their municipal seals duly affixed hereto, all by authority of Resolutions duly adopted. r r Secretary yc��1T Attes? _ "- c. , r City Clew ATTEST: .5k t71 ORANGE - ALAMANCE WATER SYSTEM C. BY. Press en CITY OF GRAHAM, a North Carolina Municipal Corporation Mayor CITY OF MEBANE, a North Carolina Municipal Corporation By: r&gz�e Mayff 81 GREENLEVEI,,, ME ire vt� =. - �•�1^'� � �- � V.� 4r •fir' ';� �l� "r .l. c•ciT• `\ rr. '.WES 1 •�9�I �1�7n [R' �I A Y' ��b�11 Ta, �h.1"r .lam' „�. \ 'b 7�✓ i RESF7rC1 n : r n sT r ao .. fir. CUTLew 1w E1 p �pilk� '•rr 5: - r. ?•c "— "i!' ['ter r d `. yN �r...�Mf. Y • Y�a ••fir. •'' ��,- - e`��/ { �• . ~�� i� °, � `N j. .•�1 .� ', 1 { PAN ow JAL i ° •. .^ [fir" . cpt vil Ab �••' � ,� '� Few, i i ' 3 �• �' �'�r _ i ♦ 1 1. � °'S`* SCAL�'. 1 580 , r �r0 �e y �•v`�a State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor December 4, 1991 George T Everett, Ph.D, William, W. Cobey, Jr., Secretary Director Mr,. Robert C. Smith Alamance County Manager 124 W. Elm St. Graham, NC 27253 Dear Mr. Smith: Our office recently received a letter from the president of Orange - Alamance Water System, Inc. notifying us of the planned abandonment of Haw Creek Reservoir as a raw water impoundment. I am enclosing a copy of that letter as well as an agreement between Orange - Alamance Water System and the cities of Graham and Mebane, which assures that the Graham -- Mebane Reservoir is sufficient to meet their future water supply needs. Orange -- Alamance Water System, Inc. has requested that the Haw Creek watershed no longer be protected as a future potable water supply source in the Division of Environmental Management's schedule of classifications and water quality standards. In order for us to consider reclassifying the Haw Creek watershed accordingly we need to be assured that no one else has an interest in utilizing the Haw Creek watershed for either primary or emergency water supply. Would you please contact either myself or Steve Zoufaly, Supervisor of the Standards and Classification Group, to confirm that there are no other plans to use this source for water supply. Thank you in advance for your consideration of this matter. If you have any questions, please don't hesitate to call us at (919) 733 -5083. Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington 7041251-6208 919/486. 1541 704/663 -1699 919/733 -2314 919/946 -6481 919/395 -3900 Pallution Prevention Pays P.O. Boys 29535, Raleigh, North Carolina 27626-0535 Telephone 919 - 733 -7015 An Equal Opportunity Affirmative Action Employer Winston -Salem 919/761 -2351 I 0 11 Robert C. Smith Page 2 December 4, 1991 Sincerely, jI"AA-'- Monica Swihart Environmental Specialist Water Quality Planning cc: John Link, Orange Co. Manager Wally Venrick, Environmental Health Steve Mauney, WSRO, DEM Tim Donnelly, RRO, DEM (Down of RUIshorough HILLSBOROUGH, NORTH CAROLINA 27278 Mr. Steve Zoufaly. Supervisor Standards and Classification Group Division of Environmental Management P.O. Box 29535 Raleigh. NC 27626 -0535 Subject: Haw Creek Watershed Reclassification Dear Mr. Zoufaly. 101 E. Orange Street P.O. Box 429 (919) 732 -2104 January 21, 1992 The Town of Hillsborough was just recently made aware of the request that was made of your office to reclassify the Haw Creek Watershed so that it would no longer be protected as either a primary or an emergency water supply. As you may be aware. the Town of Hillsborough has been operating under a capacity -use agreement for withdrawals from the Eno River. The Town is currently unable to provide potable water to its customers without having to buy water from adjacent water systems. In the near future. the town will be looking to site a reservoir to meet its current and future raw water supply needs. To this end, we believe that both the Town and the State need to consider all potential raw water supplies in light of an overall watershed management program. The Town of Hillsborough hereby respectfully requests the continued protection of the Haw Creek Watershed and that it not be reclassified at this time. sincerely. Tom Hartye, P.E. Town Engineer cc: Eric Swanson. Town Manager Mayor Horace Johnson Town Board of Commissioners Michael Brough TH /mc 12 13 RESOLUTION OPPOSING THE DECLASSIFICATION OF THE HAN CREEK WATERSHED IN ALAMANCE COUNTY WHEREAS, the Eno River is characterized by yearly low flow conditions in which the river, for extended periods, is incapable of sustaining the current water demand of the major users of Eno River waters; and WHEREAS, the NC Environmental Management Commission found the upper Eno Basin to exhibit the water usage and shortfall criteria necessary to be declared a Capacity Use Area; and WHEREAS, the NC Environmental Management Commission has elected to allow Orange'County, the Town of Hillsborough, the Orange - Alamance Water System and Piedmont Minerals Company Inc. to address the Water shortage and water use problems in the upper Eno River basin, on a trial basis and under supervision of the Division of Water Resources. by developing an agreement and a plan which specifies varying levels of maximum individual water withdrawal allocations and minimum instream flow requirements based on base stream flow conditions and water storage remaining in Lake Orange; and WHEREAS, Orange County. the Town of Hillsborough. the Orange - Alamance Water System and Piedmont Minerals Company inc. have in fact agreed to be bound by a water use plan. hereafter called the Eno River Capacity Use Agreement, which specifies water withdrawal allocations. instream flow requirements and management responsibilities; and WHEREAS, all parties to that Capacity Use Agreement were aware that Orange - Alamance uses approximately seventy -five percent of its water withdrawals outside of the Eno Basin and within Alamance County; and WHEREAS, assurances made to Orange County by the Orange - Alamance water system as early as 1968 that Orange - Alamance would obtain water from the Town of Graham to supply the Orange - Alamance customers located in Alamance County during those times when the flow in the Eno River was so low that natural stream flow had to be supplemented by releases of water impounded in Lake Orange; and WHEREAS, assurances made to Orange County by the Orange - Alamance water system as early as 1968 that Orange - Alamance would develop a water supply and treatment facility in the Haw Creek watershed sufficient to serve its Alamance County customers and would cease the interbasin transfer of waters from the Eno River; and 1.4 WHEREAS, the Towns of Mebane and Graham have entered into a water sales agreement with Orange - Alamance which requires that Orange - Alamance abandon plans for developing the Haw Creek water supply and request the de- classification of the Haw Creek watershed as a protected water supply watershed so that it can be developed without the encumbrances entailed by watershed protection regulations, and which additionally requires that Orange - Alamance use its entire Capacity Use Agreement raw water withdrawal allocation from the Eno River prior to obtaining water from either the Mebane or Graham water systems; and WHEREAS, the Haw Creek watershed remains a viable alternative for development of a water supply for Orange County, the Town of Hillsborough, the Orange - Alamance Water System or another water purveyor who could employ Haw Creek water supplies to provide water to western Orange County and compensate for the loss of water from the Eno Basin to the Haw Basin resulting from Orange- Alamance's use of water from the Eno to supply its customers in Alamance County; NOW, BE IT THEREFORE RESOLVED that the Orange County Board of Commissioners opposes the de- classification of the Haw Creek watershed. strongly supports the Town of Hillsborough in its opposition to the declassification of the Haw Creek Reservoir and requests that the NC Environmental Management Commission decline the petition to de- classify the Haw Creek watershed and; BE IT FURTHER RESOLVED that the Orange County Board of Commissioners request that the "NC Division of Environmental Management classify the Haw Creek watershed with the highest watershed classification supported by the current land use in the-watershed unless and until another water supply in the Haw River basin can be developed to compensate for the interbasin transfer of waters from the Eno Basin during times of low flow in the Eno Basin. r" 1 1 1 1 1 1 1 1 1 �- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t yi 1 E, 1 O V] 1 U a 1 (� 1 C'3 O 1 U H I O O 1 El � O 1 t ? 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C. 27302 November 11, 1968 Tel. 563-6212 F I Orange County Board of Commissioners Hillsborough, North Carolina Gentlemen: The Farmer's Ham Administration has set up certain requirements which the Orange- Alamance Water System, Inc. has to meet before we get final approval of our request for an extension to our present water system. Our request also asks for permission to issue bonds with which to finance the new extension. One of the requirements set up by Farmer's Hama Administration is that we obtain approval of our new extension by the Board of Commissioners of Orange County and in consideration of your approval, we hereby make the following agreement: The Orange- Alamance Water System, Inc. agrees that when it is necessary for water to be released from Lake Orante to supplement the stream flow, the Orange- Alamance Water System, Inc. will then start buying water from Graham in an amount equal to what they are selling in Alamance County and will continue to buy said water until the natural stream flaw is sufficient to refill the Hillsborough and Orange-Alamance Water System, Inc. reservoirs. The above agreement was authorized by the Board of Directors of the Orange- Alamance Water System, Inc. Sincerely, r ORANGE- AIAMANCE WATER SYSTEM, INC. 1 i J. A. CR t vsw president ATTEST: i E Assistant Secretary cc: Ira Ward, Oriente Savings d Loan Association Chapel Hill, N. 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Cl O U G) !r C) 0 ' P Q) O .. .. 0 CO 'd O O tp O •r4 m N •r4 P4 d d r + f; 0 4-t •ri 0 rr �.' •ri d 0 0 d 0 N 0 N W 04-5 U d d4.3 .s: rs 0 .P .s~ 4-� .s~ U .. as 5 N U fr %o4 k U o 4 Z C] H 0 rz .44 0C mci $, 4 S4 •,� �b N P.d 0 d a 0 C; V) 0 ol P. r 4.3 U 4-3 9 d A U a-3 1i .q sr Q) A m f. d x 18 r M 1 r fy 1 O 1 rl U sr -A 43 U s d� u3 0 u] ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: Proclamation of Women's History Month DEPARTMENT: Commmission for Women ATTACHMENT(S): • Proclamation • March 1992 Events 1 Action Agenda Item No. I PUBLIC HEARING: Yes x No INFORMATION CONTACT: Lucy Lewis, ext 2251 TELEPHONE NUMBER: Hillsborough - 732 -8181 (Finished copy of Family Chapel Hill - 968 -4501 brochure under separate cover) Durham - 688 -7331 Mebane - 227 -2031 ------------------------_------------------------------_---------- PURPOSE: To officially recognize March, 1992, as Women's History Month in orange County. BACKGROUND: The celebration of this event is one of the Commission's objectives for 1991/1992. This is a fitting opportunity to acknowledge publicly the contributions women have made. This year the focus of Women's History Month is the publication and distribution of the attached Family brochure, a joint project of the Commission for Women and the Register of Deeds. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners proclaim March, 1992 as Women's History Month. range County Commission for Women 8181 • 110 North Churton Street • Hillsborough, NC 27278 THE ORANGE COUNTY COMMISSION FOR WOMEN SUBMITS THE FOLLOWING PROCLAMATION TO THE ORANGE COUNTY BOARD OF COMMISSIONERS: WHEREAS American background have and strength of unrecorded ways; women of every race, class, and ethnic made historic contributions to the growth our Nation in countless recorded and WHEREAS American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; WHEREAS American women have played a unique role throughout the history of the Nation by'providing the majority of the volunteer labor force of the Nation; WHEREAS American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; WHEREAS American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; WHEREAS rican women have been leaders, not only in securieir own rights of suffrage and equal opportunity, but al {j the abolitionist movement, the emancipation moveme "the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and Hillsborough 732 -8181 • Chapel Hill 967 -9251 • Mebane 227 -2031 • Durham 688 -7331 2 " i WHEREAS despite these contributions, the role of American worsen in history has been consistently overlooked and undervalued, in the literature, teaching and study of America #.story; NOW, THEDRE, do we, the Commissioners of Orange County, proclaim the month of March, 1992 as WOMEN'S HISTORY MONTH and commend this observance to Orange County citizens. Moses Carey, Jr., Chairman 3 4 N. 5 range County Commission for women S , 8181 110 N orth C h urt o n Street Hillsborough, h NC 2 278 WOMEN'S HISTORY MONTH March, 1992 Activities and Events in Orange County 1. Ask the County Commissioners to proclaim March as Women's History Month at the March 9th Board of Commissioners meeting. 2. Co-sponsor with the Register of Deeds the publication and distribution of 3,0000 Family brochures, aimed at ensuring that women are aware of key Orange County resources and programs available to women and their families. 3. Conduct a publicity campaign for the Family brochure that both publicizes the brochure and promotes,Women's History Month. a Hillsborough 732 -8181 • Chapel Hill 967 -9251 • Mebane 227 -2031 • Durham 688 -7331 i/ V ORANGE COUNTY HOARD OF Colc4ISSIONERS Action Agenda Item No Zy - -�-- ACTION AGENDA ITEM ABSTRACT Meeting Date: March.9 1992 S;;BJ ECT: ENO MOUNTAIN ROAD CLOSING ------ - - -- -- COUNTY MANAGER /- -- PUBLIC HEARING YES: NO: X DE?ARTMENT: COUNTY ATIMEY - - -- - ----------------7----------------- -- ------ -- --): INFORMATION CONTACT: Geoffrey Gledhill, . 'County Attorney, Petition TELEPHONE NU24BER- 732 -2196 11/1/87 and 11/15/87 Resolutions Hillsborough - 732 -8181 Resolution Chapel Hill - .,968 -4501 N.C.G.S. §153A -241 ,Mebane - 2.27 ---737331 Durham - fi8831 PURPOSE: To consider a resolution declaring the intent' of the Board of Commissioners to close a portion.of Eno Mountain Road. BACKGROUND: In November 1987 -the Board of Commissioners adopted two resolutions (the first on November.l, 1987; the second on.November 15, 1987 expressing its support of the straightening and paving of Eno Mountain Road, generally from the Eno River south to its intersection with Orange Grove Road. Those resolutions requested- the North: Carolina Department of Transportation to abandon the - -Eno.. Mountain. Road right of•way that existed then and that would no longer be.�used after the road straightening and paving project was complete. Finally, the.Board resolved that it'would do its part in the process of abandoning Eno Mountain Road by declaring' its intent to close the abandoned'poiction of the.'road- and to hold a public hearing on the closing. This latter step .was'an' important feature in the agreement to straighten and improve Eno.Mountain..Road. because the owners of the property abutting the-new road gave the Department.of Transportation the right of way for the road improvements with the-expectation that the.-right of.way for the abandoned portion of the road would revert.to them as provided by law in the case of a-closed public road. The road project is-now. complete and • the' North Carolina - Department of Transportation has abandoned; for maintenance purposes, the,old� road. With a letter dated February 24, 1992, the -County Attorney, received a petition from Tredmont,, Inc. and Resco - - Products, Inc., owners of'a. substantial portion of the abandoned segment of Eno-Mountain Road, formally requesting that -the abandoned. section. of the - road ' be. - closed.- .'The next - step in, this process is for the Board of Commissioners to adopt the. attached resolution declaring its.intent to close.-the public -road and to set.the- public.hearing for the road closing. At' the conclusion .of -the public- Bearing, the Board can formally.close the road provided -it.can make the findings of fact which are required by.., the statute authorizing road closings which statute is. also attached to this agenda - abstract.. RECON30M RATION: The -Manager and the County Attorney recommend the adoption.of the resolution declaring-the Board's intent to.close designated portions of Eno Mountain Road. i F NORTH CAROLINA ORANGE COUNTY TREDMONT, INC. and RESCO PRODUCTS, INC., Petitioners, C BEFORE THE BOARD OF ORANGE COUNTY COMMISSIONERS PETITION TO CLOSE A SEGMENT OF ENO - MOUNTAIN ROAD FORMERLY KNOWN AS STATE ROAD 1148 TO THE HONORABLES, THE COUNTY COMMISSIONERS OF ORANGE COUNTY: Your petitioners respectfully show to the County Commissioners of Orange County: 1. That your petitioners, Tredmont, Inc. and Resco Products, Inc. are owners of property abutting and adjoining a portion of Eno Mountain Road (formerly part of S.R. 1148) that has been abandoned by the North Carolina Department of Transportation all as shown on Exhibit A attached hereto and incorporated herein by reference [hereinafter referred to as °the,abandoned road."] 2. That upon information and belief, the abandoned road does not provide to any individual owning property in its vicinity and to any subdivision in which it is located, reasonable means of ingress and egress. 3. That the abandoned road is a public road formerly under the control and supervision of the North Carolina Department of Transportation and identified as part of North Carolina State Road 1148. 4. That as a part of improvements to and the straightening of Eno Mountain Road (S.R. 1148) the abandoned road is no longer necessary to and used as part of Eno Mountain Road. 1 3 5. That the North Carolina Department of Transportation, pursuant to North Carolina General Statutes §136 -63, has "abandoned" the abandoned road, as evidenced by the notification of abandonment which is part of Exhibit A to this petition. 6. That this petition is brought pursuant to N.C. Gen. Stat . S153A -241; that upon information and belief, John Watkins, District Engineer, North Carolina Department of Transportation will be provided with a copy of this petition together with notification of the time and place at which the closing of the abandoned road is to be the subject of a public hearing and action thereafter by the Board of County Commissioners; and that upon information and belief, upon adoption of a resolution by the Board of County Commissioners of its intent to close the abandoned road, the resolution will be published once a week for four (4) weeks prior to the time set for a public hearing on the question of closing the abandoned road. 6. That upon information and belief, closing the abandoned road is not contrary to the public interest and no individual owning property in the vicinity of the abandoned road will be deprived of reasonable means of ingress and egress to his or her property. 7. That the abandoned road should be closed and the title thereto vested in the petitioners and other property owners whose property abuts the abandoned road as provided by N.C. Gen. Stat. S153A -241. 2 11 WHEREFORE, your petitioners pray the Board of County Commissioners of Orange County that the portion of Eno Mountain Road abandoned by the North Carolina Department of Transportation as illustrated on Exhibit A be permanently closed by Order of the Board of Commissioners of Orange County following the adoption by the Board of County Commissioners of a resolution expressing its intent and a public hearing following public notice as provided by law. TREDMONT, INC. President ATTE : cretary RESCO PRODUCTS, INC. President ATTE T Secretary y PENNSYLVANIA MONTGOMERY COUNTY William T. Tredenni.ck being first duly sworn, deposes and says that he is President of Tredmont Inc. petitioner in this matter; that he has read the foregoing petition and that the same is true of his own knowledge except those matters and 3 r 5 things alleged therein on information and belief and as to those matters he believes them to be true. Sworn to and subscribed before me this 7// •day of ' L�'ztf • z 19�� D r . n? Notary Public my commission expires: �v PENNSYLVANIA MON'T'GOMERY COUNTY William T. Tredennick , being first duly sworn, deposes and says that he is President of Resco Products, Inc., petitioner in this matter; that he has read the foregoing petition and that the same is true of his own knowledge except those matters and things alleged therein on information and belief and as to those matters he believes them to be true. Sworn to and subscribed before we this �6iday of 9 Notary Public My commission expires: 4 /*s�91 y � � STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P. O. Box 766 Graham, North Carolina 27253 -0766 JAMES G. MARTIN December 20, 1990 GOVERNOR THOMAS J. HARRELSON SECRETARY Orange County Mr. John Link, Jr., Manager Orange County P. O. Box 8181 Hillsborough, NC 27278 Subject: SR 1148 - Eno Mountain Road Dear Mr. Link: 6 DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR I was recently contacted by Mr. Gary L. Hester of RESCO Products Inc. (Piedmont Minerals /Crescent Brick), concerning the abandonment of the right of way on the portion of the road abandoned during the realignment of SR 1148. Apparently the attorney representing RESCO Products Inc., and the attorney representing Orange•County are trying to determine if the right of way on the abandoned road is in fact abandoned based upon the resolution you provided to me in your letter dated November 7, 1988. The following actions pertaining to the resolution have been completed. I. SR 1148, Eno Mountain Road, has been constructed in accordance with the Hillsborough Thoroughfare plan dated October 1987. See attachment 1, color coded plan. 2. The North Carolina Board of Transportation approved a resolution to add 0.32 miles of the realigned road to the state system on September 6, 1989. See attachment 2. An Equal 00portunity /Affirmative Action Employer Mr. John Link, Jr. December 20, 1990 Page Two 3. 0.58 miles of the old roadway was abandoned, based upon the resolution received from the county dated November 7, 1988, by the North Carolina Board of Transportation on September 6, 1989. See attachment 3 and 4. Please talk with the attorney representing the county and determine what assistance, if any, 2 may provide in resolving this matter. if you have questions regarding this matter please feel free to contact me. Yours very truly, E. M. Cowan, P.E. District Engineer CC: YMr. Gary L. Hester w /attachments BOARD OF TRANSPORTATION ROAD ADDITIONS H -1 S COUNTY PET. NO. LENGTH DESCRIPTION DATE OF REPORT Div. 5 Huntwick Subdivision Franklin 34784 1825.50 ft. Nottingham Court 10/17/89 Wake 34785 0.24 mi. Jicarilla Lane 11/16/89 Wake 34786 919 ft. Sedgefield Park Subd. 10/16/89 1653 ft. 0.17 mi. Sedgefield Drive " Wellington Lane 0.04 mi. Helena Court 687 ft. Wake 34787 0.17 mi. Sedona Place 10/18/89 Div. 6 35.O.;ft' Liberty Bell Court 5Q. Bladen 34818 663 ft. Extension of SR 1559 10/11/89 Cumberland 34788 250 ft. Dartmund Place 6/30/89 Cumberland 34789 2500 ft. Beaver Run Drive 5/26/89 Cumberland 34790 Devonwood North - 5/26/89 1370 ft. Tollhouse Drive 195 ft. Rainham Court 195 ft. Penshore Place Harnett 34791 Sierra Villa Subd. 7/10/89 a 0 OL ft. Extension. of SR 1181, Sierra Trail 375 ft. Arizona Court 375 ft. Wyoming Court Harnett 34792 985 ft. Highland Drive 10/23/89 Div. 7 Aange'".93 0 =3m 6 "r�on+o�4 �... Orange r� 34;794 0'. 27 1�vEnOAk air: _ na r • mi. Por l on of SR 1335; 10/23/89 i, Keni'onr Road Div. 10 Cabarrus 34795 Huntwick Subdivision 2120 ft. Buckingham Lane 675 ft. Stratford Court 848 ft. Bedfordshire Avenue 919 ft. Manchester Avenue 1653 ft. Piccadily Lane 1819 ft. Wellington Lane 687 ft. Dorchester Avenue Mecklenburg 34796 Hermitage at Winchester 35.O.;ft' Liberty Bell Court 5Q. App a :.Val 1 ey - Court ;: ... . 7/25/89 5/11/89 12/1/89 BOARD OF TRANSPORTATION ABANDONMENTS DATE OF COUNTY PET. NO. LENGTH DESCRIPTION REPORT Div. 7 Orange: ` 34816, 0.35 mi . Portion- of SR 1 10/23; 89 Orange 34817 0.58 mi. Portion of SR 44� 9/6/89 (Meeting of 11/3/89) Cleveland County, Pet. No. 34716, Portion of SR 1807 SHOULD BE: Change Pet. No. to 34761 r a - 7_ �G. .4 •r. r.� i - . y k�' _ may' "•= ��jcia.'i�•��.E -e- .: r..' .. _ .. •- .. _ _ .•.''J�`�'. _ - - .., •. '� /7 12/1 / 8 9 �Ad QQ 49 Par, 3S.35 41 Pr tn 00 ri LU qW lij � � � Q as 1-0 ct Ln 3,C20• �Ad QQ 49 Par, 3S.35 41 Pr tn 00 ri LU qW lij � � � Q as 1-0 AanagEt's ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA November 7, 1988 Mr. E...M. Cowan, District Engineer Department of Transportation P.O. Box 766 Graham, NC 27253 Dear Mike: 11 E,LXi1LZ 1752 Please find enclosed a resolution adopted by the Orange County Board of Commissioners which indicates that pursuant to N. C. General Statute Section 136 -63, Orange County will request the N.C.D.O.T. to abandon that portion of the existing right -of -way of Eno Mountain Road that would no longer be a part of the road upon its realignment. Please note that this intent expressed by the Board is contingent on the Eno Mountain Road project being built according to the plans identified in the Hillsborough Thoroughfare Plan adopted in October, 1987. Should you have any questions about this resolution or its intent, please call me. Thank you for your cooperation in this matter. JML /asd Attachment FILE: COWAN2.DOC Sinc e ly, Jo)xrx�Link Orange County Manager Ll- NORTH CAROLINA RESOLUTION ORANGE COUNTY 12 WHEREAS, the North Carolina Department of Transportation con- templates realigning the right of way of and paving Eno Mountain Road, which road is located south of the Town of Hillsborough, and WHEREAS, Orange County supports this project provided the new right of way ' of Eno Mountain Road follows the right c` way of that road from the point southwest of the Eno River to• its intersection with Orange Grove Road depicted on the Hillsborough Thoroughfare Plan ado6ted by the Town of Hillsborough on September 21, 1987 and by the North Carolina Department of Transportation on October 9: 1987 (the Hillsborough Thoroughfare Plan, a copy of which is attached to this Resolution_ and made a part of it), and WHEREAS, Orange County "has been asked by the North Carolina Department of Transportation to express its intention to request the North Carolina Department of Transporta- tion to abandon whatever portions of the existing righht of way of Eno Mountain Road that will no longer be a part of the new right of way of that road. NOW., THEREFORE, BE IT RESOLVED by Orange County that it will, pursuant to North Carolina General Statutes Section 136 -63, request the North Carolina Department of Transportation to aban- don.,so much of the existing right of way of Eno Mountain Road as • dp5 - ,`r4.. . Vii^.• 7:' ... - _ 'is:- -no longer. or' :w i,1 l' nom; ;.7.ong.er be 'part •of that road -upon its 6 9 13 realignment by the North Carolina Department of Transportation. PROVIDED HOWEVER, this request by Orange County will only be made if the right of way of the Eno Mountain Road project now con- templated by the North Carolina Department of Transportation fol- lows the Hillsborough Thoroughfare Plan from the point southwest of the Eno River to its intersection with Orange Grove Road. Unanimously adopted by the Board of Commissioners of Orange County this 1st day of November, 1988. u 14 r RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A PORTION OF ENO MOUNTAIN ROAD WHEREAS, petitioners Tredmont, Inc. and Resco Products, Inc. have filed a petition before the Board of County Commissioners to close the portion of Eno Mountain Road (S.R. 1148) identified in blue on the map which is part of Exhibit A to this Resolution (hereinafter "the abandoned road "); and WHEREAS, it appears from the petition that the abandoned road, formerly under the control and supervision of the Department of Transportation, has now been abandoned by the North Carolina Department of Transportation as evidenced by the notification of abandonment which is part of Exhibit A to this Resolution; and WHEREAS, it appears that no individual, firm or corporation owns property in the vicinity of said road without a reasonable means of ingress and egress to his, her or its property; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County that it intends to close the abandoned road. That prior to a decision on the closing of the abandoned road, a public hearing shall be held in the courtroom of the old Orange County Courthouse, the regular place of meeting of the Board of County Commissioners, on the 4th day of May, 1992 at 7:30 p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution in the Chapel Hill Herald and the News of Orange County once a week for four (4) successive weeks before said hearing and that the Clerk shall send by certified mail to each owner of property adjoining the abandoned 1 I road and shall prominently post a copy of this Resolution in at least two (2) places along the abandoned road as required by N.C. Gen. Stat. 5153A -241. This the day of Commissioner resolution and Commissioner . 19 . moved the passage of the foregoing seconded the motion, and the resolution was passed by the following vote: Ayes: Noes: NORTH CAROLINA ORANGE COUNTY I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held , as relates in any way to the Resolution for closing a portion of Eno Mountain Road as illustrated on Exhibit A to the Resolution hereinabove set forth, and that the said proceedings are recorded in the Minute Book containing the minutes of said Board for said date. WITNESS my hand and the common seal of said County, this the _day of , 19 [SEAL] Beverly Blythe, Clerk to the Orange County Board of Commissioners 2 15 §153A -241 CH. 153A. COUNTIES §15gA in at least one newspaper of general circulation published is county. After naming or renami a ng a public road, or assign reassigning street numbers on public road, a county shall G notice of its action to be given to the local postmaster with tion over the road, to the Board of Transportation, and to aunE within five miles of the road. (1957, c. 1068; 1973, c. 507 ny' ! s. 1; 1981, 'cc. 112, 518; 1987, c. 28, s. 2.) ' S. EJ•. L4 U� Local Modification. —. Alamance 1987 (Reg. Sess., 1988), c. 900; 1989, c. 335, s. 1; Avery; 1983, c. 98; Brunswick: 1979, 2nd Sess., c. 1319; 1983, c. 98: Cabarrus: 1981, c. 568, amending 1979. 2nd Sess., c. 1319; 1983, c. 98; Cleve. land; 1987 (Reg, Sess., 1988), c. 906; 1989, c. 156, s. 1; Forsyth: 1981, c. 558; Guilford; 1979, c. 283; McDowell: 1989" c. 335, s. 1; New Hanover: 1983, c. 98; Stokes: 1983, c. 299; 1989, c. 335, s. 1: Surry: 1983, c. 299; Wake (Incorporated municipalities therein, only): 1989, C. 511, S. 1. Cross References, -- As to naming roads and assigning street numbers in certain unincorporated areas of cd excepted from the application of th tion, see § 153A. 239.1. Editor's Note. — Session Laws c. 1319, S. 1, as amended from to time, excepts the following cot from the application of this 86 Alamance, Avery, Brunswick, B Cabarrus, Cleveland, Henderson, Dowell, New Hanover, Pender, _ dolph, Sampson, Stokes and Surry C ties. See Cross Reference above. o . The catchline of this section has modified at the direction of the Rey Of Statutes. § 153A.241. Closing public roads or easement, A county may permanently close arfy public road or any e ment within the county and not within a city, except public road easements'for public roads under the control and supervision of Department of Transportation. The board of commissioners s; first adopt a resolution declaring its intent to close the public "r or easement and calling ,a public hearing on the question. The U shall cause the resolution to be published once a week for f successive weeks before the hearing, a copy of the resolution to sent by registered or certified mail to each owner as shown ori" county tax records of property adjoining the public road or ei ment who did not join in the request to have the road or easem closed, and a notice of the closing and public hearing to be prof nently posted in at least two places along the road or easement'! the hearing the board shall hear all interested persons who app( with respect to whether the closing would be detrimental to =1 public interest or to any individual property rights. If, after�t hearing, the board of commissioners is satisfied that closing t public road or easement is not contrary to the public interest a (in the case of a road) that no individual owning property in 't vicinity of the road or in the subdivision in which it is located wou thereby be deprived of reasonable means of ingress and egress,. his property, the board may adopt an order closing the road;, easement. A certified copy of the order (or judgment of the coul shall be filed in the office of the register of deeds of the count Any person aggrieved by the closing of a public road or an eas ment may appeal the board of commissioners' order to the appropr ate division of the General Court of Justice within 30 days after tf day the order is adopted. The court shall hear the matter de not and has jurisdiction to try the issues arising and to order the roa or easement closed upon proper findings of fact by the trier of fac 116 241 ART. 12. ROADS AND 13RIDGES 153A -241 No cause of action founded upon the invalidity of a proceeding taken in closing a public road or an easement may be asserted except In an action or proceeding begun within 30 days after the �.;.M da the order is adopted. ' Upon the closing of a public road or an easement pursuant to this reection, all right, title, and interest in the right -of -way is vested in 'those persons owning lots or parcels of land adjacent to the road or easement, and the title of each adjoining landowner, for the width ;. of his abutting land, extends to the center line of the public road or -: easement. However, the right, title or interest vested in an adjoin - ', ink landowner by this paragraph remains subject to any public ut>lity use or facility located on, over, or under the road or ease - went immediately before its closing, until the landowner or anv 2 �- successor thereto pays to the utilitv involved the reasonable cost of -removing and relocating the facility. (1949, c. 1208, ss- 1 -3; 1957. c. g g 65, s. 11; 1965, cc. 665, 801; 1971, c. 595; 1973, c. 507, s. 5; c. 822, s. 1 1977, c. 464, s. 34.) L., h",Local Modification. — Guilford: within the boundaries of a dedicated 1979, c. 282; 1981, c. 59. _ street when use of the street is diseon- `'"` '''Legal Periodicals. — For note dis- tinued, see 45 N.0 -L- Rev. 564 (1967). eussmg the disposition of property CASE NOTES 0- °- Editor's Note. — Some of the cases S1.2d 309, cert. denied. 282 N.C. 151, died below were decided under corre- 191 S.E.2d 601 A972). i. r>: *'Onding sections of former law. ';, Owners of property on a street which is to be partially closed have �f'in interest in the hearing on the re- quest to close the street. In re City of is Washington, 15 N.C. App. 505. 190 r 8-E.2d 309, cert. denied, 282 N -C. 151. 191 S.E.2d 601 (1972). .. Legislative Intent as to Giving No. lice. — The true legislative intent is that if a municipality wishes to close a street, or a part thereof, the notice_ re- quired must be given. Such an intent if fair and just, because it affords all inter- seated parties an opportunity to be heard. In re City of Washington, 15 N.C. App. 505, 190 S.E.2d 309, cert. denied. 2S2 NC. 151, 191 S.E.2d 601 (1972). - Notice to Adjoining ' • ] b Propern• :;` owners Not to Be Limited to Those ='. With Special Interest. -- The statute requires notice by registered mail to the "ners of Property adjoining the street to be closed who did not join in the re. µ. quest for closing the street. The words of the statute are clear and unequivocal. • ,mere is nothing to indicate that w only ee with a "special interest- must be F10"Ied by registered mail. In re City of =2 �. Washington, 15 N.C. App. 505. 190 Restrictions on County's Power to Close a Wav of Passage. — From this section and ` 153A -239. it is clear that a county does not have the power to close a wav of passage which ltac not been dedicated to the public or in which the public has not acquired rights by pre- scription. In re casement of Right of Way. 90 N -C_ App. 303. 368 S_E -2d r,39 The closing of a street must not de. prive a property owner of reason. able ingress or egress. Wofford v. North Carolina State Hwy. Comm'n. 263 ti.C. 677 140 S,1~.2d 376. cert. denied. 3S_2 L' -S. 822, 86 j. Ct. 50. 15 L. Ed. 2d 67 19651. An individual may restrain the K•rongful obstruction of a public way, of whatever origin, if he will suffer injur% thereby as distinct from the in- convenience to the public Wenerally. and he -na% rem%'er sl1Cn special damaLes as he ha su.aained hl• reason of the ob- strumon. Wofford v. North Carolina State liy. Comm'n. 263 N.C. 677. 140 S.E.2d 376, cert. denied, 382 ti -S- 82:_'. 86 S. Ct- 50. 15 L. Ed. 2d 67 119651. Applied in Whitehead Community Club v. Hoppers. 4:3 N.C.'. App. 671. 260 S.E.2d 94 - 1979 117 17 cn V R C d OQ M cn :mot M -e -r i I 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. .1 V- D ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 9, 1992 SUBJECT: PROCLAMATION OF MARCH, 1992 AS MENTAL RETARDATION MONTH IN ORANGE COUNTY DEPARTMENT: COUNTY COMMISSIONERS ATTACHMENT(S): PROCLAMATION PUBLIC HEARING YES: NO: X INFORMATION CONTACT: MOSES CAREY,JR. TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To proclaim March, 1992 as Mental Retardation Month in Orange County. BACKGROUND: The Board of Directors of the Association for Retarded Citizens of orange County has requested that March be proclaimed Mental Retardation Month to coincide with National recognition. RECOMMENDATION(S): Proclaim March, 1992 Mental Retardation Month in Orange County and authorize the Chair to sign the proclamation. P R O C L A M A T I O N COUNTY OF ORANGE MENTAL RETARDATION MONTH WHEREAS, mental retardation is a condition which today affects more than,six million American children and adults and their families; and WHEREAS, the most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be fostered; and WHEREAS, during the month of March, 1992, members of national, state and local chapters of the Association for Retarded Citizens are making a special effort to forge vital employment, educational and fundraising campaigns to promote awareness of, and provide for the needs of persons with mental retardation and other developmental disabilities; NOW, THEREFORE, I, Moses Carey, Chairman of the Orange County Commissioners, on behalf of the County Commissioners do hereby proclaim the month of March, 1992, as MENTAL RETARDATION MONTH in the County of Orange, and urge all citizens to learn more about mental retardation and assist in improving the quality of life of citizens with mental retardation. This the 9th day of March, 1992. Moses Carey, Jr., Chair Orange County Commissioners S E A L PA I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No _1 -- A ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: 1992 -93 Commissioners Goals and Budget Priorities DEPARTMENTS: County Manager PUBLIC HEARING YES % NO 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 conduct a public hearing for the purpose of receiving comments from Orange County citizens and outside agencies on the Board of Commissioners' proposed goals and the priorities for funding in the 1992 --93 Orange County budget. BACKGROUND: An integral part of the Board of County Commissioners' goal setting process is to receive comment from the public and non- governmental agencies on the proposed goals and budget priorities for the upcoming fiscal year. At the February 18, 1992 meeting, the Board of Commissioners established a public hearing for this purpose, and set the date for March 9, 1992. Draft copies of the BOCC goals have been made available to the public in the Commissioners' Office, Town Clerks' offices, and public libraries one week prior to the public hearing date. Copies of the draft goals were forwarded to various County appointed Boards and Commissions for their comments as well. staff have also notified various non - governmental agencies of the public hearing to afford them the opportunity to offer their views about budget and goal priorities, rather than to make specific requests for funding for 1992 -93. RECOMMENDATION(S): The Manager recommends that the Board of County Commissioners conduct the public hearing to receive public comment on the BOCC proposed goals and FY 1992 -93 County budget priorities. ORANGE COUNTY BOARD OF COMMISSIONERS Action A eada Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: Community Development Grant Application ------------------------- - - - - -- ---------------------------------- DEPARTMENT: Housing /Community Dev. PUBLIC HEARING YES: x NO: ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To receive comments from the public concerning the FY92 Community Development Grant Program. BACKGROUND: The North Carolina Department of Economic and Community Development is expected to announce in March the availability of Community Development Block Grant (CDBG) funds for Community Revitalization projects. In order to apply for funding, BCD requires applicants to conduct a public hearing to obtain citizens comments prior to developing the application. Comments received during this public hearing will assist the Housing and Community Development Department in designing a sound CDBG application. All CDBG activities must be carried out in a "neighborhood" which has multiple needs which include the following: deteriorated housing, water /sewer deficiencies, unpaved streets or drainage problems. The higher the magnitude of need identified in a particular neighborhood, the higher the application will rank in the state's selection process which is highly competitive. The maximum amount of funding available is $1,000,000. Applications will be due on May 15, 1992. RECOMMENDATION(S): The Manager recommends receiving comments as information. r 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. �� ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: Knolls Neighborhood Development Association DEPARTMENT: Housing /Comm. Dev. PUBLIC HEARING YES: NO: x ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes Report TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To receive a report regarding a request from the Knolls Neighborhood Development Association. BACKGROUND: In October 1991, the Knolls Neighborhood Development Association (KNDA) asked the County to donate County owned surplus property in the Knolls Community to Habitat for Humanity to build housing for eligible low income citizens of the County. Since that time, County staff has discussed this request with the above referenced entities as well as the County Attorney regarding the feasibility and procedure for this donation. The attached report provides a summary of activities to date related to the KNDA request. RECOMMENDATION(S): The Manager recommends receiving this report as information. A recommended action plan will be presented by the Manager in a future BOCC meeting. K KNOLLS NEIGHBORHOOD DEVELOPMENT ASSOCIATION PROPERTY DONATION REQUEST REPORT BACKGROUND The Pine Knolls Neighborhood is a community in Chapel Hill which has traditionally been a stable, predominantly black, middle class, owner occupied neighborhood. However, in recent years, this neighborhood has experienced a shift in demographics. Today, this area is primarily renter - occupied. As long -time citizens age or relocate, investors driven by the student population housing needs have purchased property in the area which has resulted in the reduction of affordable homeownership opportunities. Also, the residents of Pine Knolls believe that the presence of illegal drug activities is also contributing to the deterioration of the neighborhood. Thus, the Knolls Neighborhood Development Association was formed to help "revitalize" the community and preserve the neighborhood's character. Knolls Neighborhood Development Association (KNDA), to our knowledge, has been in existence for about a year. They have received assistance In community organizing and developing from various sources including County human service providers as well as the UNC -CH School of Social Work. As result of their efforts over the past months, they have held health education workshops in the Community Center, sponsored a Neighborhood Clean -Up Day and petitioned the Town of Chapel Hill for better street lighting - to name a few of their activities. To continue their efforts to revitalize the area, KNDA is asking that Orange County donate three lots it lots owns in the Pine Knolls community to Habitat for Humanity for the development of houses which will be sold to low income families. PROPERTY DONATION REQUEST Orange County has acquired three lots in the Knolls Community through tax foreclosures. Two of the lots are on Wentworth Street (Tax Map Reference 7.100.C.10 and Tax Map Reference 7.100.C.10A) and the third is a small lot on Edwards Street (Tax Map Reference 7.91.H.7). A tax map denoting the location of the lots is enclosed as Attachment 1. From preliminary observation and discussions with Town planners it appears that the lots would be buildable, although, the size of each home will probably vary greatly. 3 The Chairman of the KNDA petitioned the Chair of the BOCC regarding the donation of these lots to Habitat for Humanity. In response to this request, the BOCC Chair requested that KNDA present a specific proposal outlining plans for developing the property. Simultaneously, County staff began investigating the possibility of this property donation. County staff discussed this proposal with Habitat for Humanity officials to assess the feasibility of this request. The County Attorney was also consulted to determine the legal process the County could use to make this property donation. A letter from the County Attorney is attached which outlines the process the Board of Commissioners may use to transfer this property to Habitat. (Attachment 2) In summary, the County Attorney recommends transferring this property to the Orange County Housing Authority and then having the Housing Authority transfer the property to Habitat for Humanity. This could easily be done since the Board of the Housing Authority is the Board of County Commissioners. This recommendation was made due to the absence of express statutory authority for counties to make such a property donation. However, statues are clear that housing authorities have authorization to make such property donations. This information was conveyed to Habitat for Humanity via John Hartwell, a member of Habitat's Board. In response to this information, Hartwell and Howard Watson, President of Knolls Neighborhood Development Association has asked that the property be transferred to the Housing Authority at this time, until a development plan has been designed for each lot. Specifically, the Housing Authority would retain this property until the following conditions are met: a potential low- income homebuyer has been selected, sufficient funds have been raised to begin construction, and a pool of volunteer labor is available. Should the Board of Commissioners decide to proceed in this manner, County staff is proposing the following course of action. ACTION PLAN 1. Adopt a Board resolution authorizing the transfer of this property to the Orange County Housing Authority. 2. Convene a meeting of the Housing Authority Board of Commissioners either during or prior to a regular Orange County Board of Commissioners meeting to accept the property transfer. 4 3. Execute a Cooperation Agreement between the Orange County Housing Authority and Habitat for Humanity which will outline when property will be transferred to Habitat for development. (In this regard, Habitat has suggested utilizing the form of a recent agreement between Habitat and the Town of Chapel Hill for the transfer of eight lots in the Culbreth Park subdivision. A copy of the Chapel Hill agreement is enclosed as Attachment 3.) SUMMARY The critical decision to be made is whether the County wishes to retain ownership of the property until such time that Habitat and KNDA are ready to begin development, or whether the BOCC wishes to convey the property at this time to the Housing Authority to hold until such _time that development plans are clear. I ja�e� 0 r n r a Page 5 ATTACHMENT 1 . 1 I w I m Im ti Iw CD tp I v n Cy��RRe � I � � ' ,•� q2�R I 0 a s • ,�. y �� Cp'QA �• CD In:. a A \ `D 1 046 �g I W 60 N�M� � • a1 ,� T� Ir WENTWORTH STREET w — 120.19 0 11 s S , rr 150 �o -—G. 0 to _ _ � t7 N G I o LP 190 � � 0 y6•Z 1 _ > ( � Z 0 - Z 9z io 11 m � w w 115 s �l � 1 ,: 4 ' Y � cn r r �r��n r Cn -n Page 6 IJ ATTACHMENT 1 N / CO CA w ,g S9 2 �O �� a _ c s / N0) ay ti i /Oi/ y 03, ra Off, x Cb 0 00 CD • / / "g� �T � s a 3 �ti�j� a� 49�` � �a� '�' � % s - Jam` b� � y � W b 40 � jiD TZ / 2 % o ®r co � m ��e ALONZO B. COLEMAN, JR. GEOFFREY E. GLEDHILL DOUGLAS HARGRAVE KIM K. STEFFAN JANET B. DUTTON JOSEPH I. COLEMAN PN 7 E I V E 0 JAN 2 91992 Ans'd............ ATTACHMENT 2 LAW OFFICES COLEMAN, GLEDBnL & HARGRAVE January 28, 1992 Ms. Tara L. Fikes Director Orange County Housing & Community Development Post Office Sox 8181 Hillsborough, North Carolina 27278 RE: Pine Knolls Property Dear Tara: Page 7 129 E. TRYON STREET P.O. DRAWER 1529 HILLSBOROUGH, NC 27278 TEL: (919) 732 -2196 (919) 942 -8000 FAX: (919) 732 -7997 This letter confirms our conversations of late and my research concerning a method by which Orange County can transfer property acquired by it through tax foreclosures for use by Habitat for Humanity for affordable housing in Orange County. Generally speaking, a county must dispose of its surplus property (property not used by the county for some governmental purpose) by selling it through a public sale process. However, the law authorizes a county to convey, by private sale at any price established as appropriate by the county, its land to certain public or private entities which carry out a public purpose. There are two limitations to this authority: (1) the public or private entity must be one to which the county is authorized to appropriate funds and, (2) the property must be property not acquired by condemnation. See generally North Carolina General Statutes S160A -279. On its face, this authorization would appear to permit Orange County to convey the Pine Knolls property (not acquired by the County via condemnation) directly to Habitat for Humanity. This is so because Orange County has made appropriations of money to Habitat for Humanity. However, there is no express statutory authority for counties to appropriate funds to Habitat for Humanity. This is so even though Habitat's purpose is to develop affordable housing. There has been no question about the appropriations to Habitat and there is not likely to be one. However, should such an appropriation be successfully challenged, the result would be that Orange County would cease the appropriation. On the other hand, if the "appropriation" were the sale to Habitat of a tract of land for $1 or $10 and that Page 8 Ms. Tara L. Fikes Page 2 January 28, 1992 sale were successfully challenged as not being one for a public purpose because of a lack of express statutory authority for the conveyance to Habitat, the result would be a "cloud on the title" of the property in the hands of the ultimate purchaser from Habitat. To avoid this undesirable result, I recommend that the sale from Orange County be to the Orange County Housing Authority. Clearly, that Authority performs a public purpose in its housing programs. Furthermore, North Carolina General Statutes §157 -42 authorizes Orange County to convey its interest in real property, with or without consideration and without complying with appraisal, public notice, advertisement or public bidding requirements, to a housing authority for the purpose of aiding housing projects located within its jurisdiction. North Carolina G7 General Statutes §157 -41(3) defines a housing project to include "any undertaking ... to provide dwelling accommodations for persons of low income...." The Orange County Housing Authority is authorized to "transfer" any real property or interest therein to any person, da firm, corporation...." It also has authority to exercise its powers with respect to any specific housing project through or by T an agent which it may designate, including any corporation formed under the laws of North Carolina. Finally on this point, the housing authority law provides that "no provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state." See generally North Carolina General Statutes 5157 -9. The sum total of various provisions of the housing authority law leads me to conclude that the Orange County Housing Authority can convey its property acquired for a housing project to Habitat for Humanity in order V to accomplish that housing project. I will, with your assistance, develop the necessary Board resolutions to accomplish the Pine Knolls property transfers at the time the Board of Commissioners, acting as the Board of Commissioners and acting as the Board to the Orange County Housing Authority, considers the transfers and in response to the development planned for the property described in your November 25, 1991 letter. very truly yours, edhill GEG /lsg xc: Moses Carey, Jr. John Hartwell Albert Kittrell John M. Link, Jr. M ^ NORTH CA. ORANGE Count-r Page 9 ATTACHMENT 3 THIS AGREEMENT, made and entered into the first day of November,. 1991, by and between the TOWN OF CHAPEL HILL, a North Carolina Municipal Corporation, 306 North Columbia Street, Chapel Hill, North Carolina, hereinafter referred to as "Town ", and HABITAT FOR HUMANITY, ORANGE COUNTY, NC, INC., hereinafter referred to as "HHOC", WHEREAS, the Town is the owner of lot numbers 4, S, 121 l3, 21, 24, 33 and 34 located in the Culbreth Park aubdivisiont and WHEREAS, the Town desires to use these lots to assist in providing affordable homeownership opportunities for low-income families who can not qualify for traditional mortgagesr and WHEREAS, it is in the interest of the 'TOWN that the Town assist HHOC with its homeownership_ program by making available some or all of the eight lots listed above to HHOCi and WHEREAS, it is desirable that a Cooperation Agreement with respect to the conveyance of the eight (9) lots be established by and between the Town and HHOC, and WHEREAS, it is understood and agreed that-the purpose of this Agreement is to outline the responsibilities of the Town and HHOC in transfer and developing the lots. NOW THEREFORE, in consideration of the above, the Town and HHOC agree to the followinq,irosponsibilities and/or duties. The Team, as owner, will transfer eight lots, located in the Culbreth Park Subdivision, one at a time, to HHOC, Duties of the Town include, but are not limited to the followingt 3.0 Prepare necessary paper work for transferring lots. 2. Transfer lots one at a time to HHOC when potential low-income homebuyor has been selected by HHOC and HHOC has raised sufficient fund to begin constructing the house, and a pool of volunteer labor is available. 3. Provide for the maintenance and up -keep of lot until lot has 00k been transferred to HHOC. Page 10 4. provide consultation Bind /or technical assistance to HHOC on an as- needed -basis in the development of the lots. s., Waive building permit tees. Following the guideline of Habitat international, HHOC will build houses for low- income families on some or all of the eight lots. Duties of HHOC will include, but are not limited to the following: is Build houses on the lots that are comparable to the subsidised houses in the Culbreth Park subdivision. 3. Abide by the restrictive covenants a■ not forth 'by the Culbreth Park Camunity Development Corporation. 30 Give preference in selecting applicants to current residents of public housing. If there are no qualified applicants who are residence of Public housingq►, HHOC will make a good faith effort to find low - income families currently living or working in Chapel Hill. 4o Camplete two hous4M by December 31, 1993 . and to complete construction on all lots by December 31,'1995. In the event HHOC is enabim to construction on all lots by December 31, 1996, the undeveloped lots will be. retained by the Town. The Town will constiiuot low- income houses on any late it retains. 6. Provide the Town with s @mi- annual status reports until all lots are completed. 60 Assign interest in the properties to the Town, in the event HHOC cease to exist a$ an organisation or be declared insolvent, or liquidate all or substantially all of its assets. The Town will use such interest or proceeds for similar low-income housing purposes. The HHOC And the Town agree to indemnify, and hold each other harmless from all loss, liability, claims or expense (including reasonable attarney's fees) arising from any and all. representations and activities relating to the transferring of the eight lots for the construction of Habitat houses. r Page 11 IN WITNESS WHEMOP, the said parties have hereunto executed this instrument in their respective official. 0apacities, this the day of , 1992. Town of Chapel Hill Habitat for Humanity, Orange County, N.C., Inc. Town onager President Attest: Approved as to form: Attest: This instrument has been pre - audited in the manner required by the Local Government and Fiscal Control hot, Director, Department of Houe ng and Community Development Manua Director 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. V= Meeting Date: March 9, 1992 SUBJECT: REPORT -- Community Use of Count Pr --------------- - - - - -- y ---- -- Designated For Sale DEPARTMENT: Recreation & Parks PUBLIC HEARING --- ____ -__ -_ -- -- - XX ATTACHMEN • -------------- --------- ------ TS) - • INFORMATION CONTACT: MaryAnne Moore Correspondence dated 2/7/92 ext. 2664 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 - - __-- ____ -_- ---------------- Durham - 688 -7331 PURPOSE: -- ------- --- -- - - - - --- __- _- _- ____ - - -- To provide a report to the Commissioners regarding options available to the County to allow community /public use of county -owned property, while pending sale of that property. Information is also provided regarding Procedures for the disposition of any county government -owned property. BACKGROUND: The Commissioners have expressed interest in selling the property it purchased for the Solid Waste Collection Site on Frazier Road (Cheeks Township.) The Recreation and Parks Advisory Council has requested that the county offer the use of the property for recreation purposes to the residents of the Perry Hills Subdivision while the sale of the property is pending. Options available to the County to allow this use are (a) sell the property to the Perry Hills residents, or (b) lease the property to a Homeowners Association. SALE OPTION: County Governments are directed by G.S. 153A -176 to dispose of property in the same manner as city governments and in accordance with the procedures set forth in G.S. Chapter 160A, Article 12 (G.S. 160A -265 through 277). Under the North Carolina Constitution, it is generally unconstitutional for a local government to dispose of property for less than its fair market value. Most of the procedures by which a county is permitted to sell or otherwise dispose of property are competitive. z Article 12 authorizes and sets out three competitive methods of sale, each of which is appropriate in any circumstance: (1) Sealed Bid Procedure (advertisements for sealed bids are published/ bids are opened in public and recorded/ award is made to highest bidder) (2) Public Negotiated Offer and Upset Bid Procedure ( offer to purchase is made/ notice of offer is published/ upset bids are entertained/ bid awarded to final offeror or decision to not sell is made) (3) Public Auction (notice regarding intent to sell is published/ highest bid is reported / board either accepts or rejects bid) Article 12 also permits 2rivately negotiated exchanges of property in any circumstance (so long as equal value changes hands), and ra.vatel ne otiated sales or other disposition of property in a number of limited circumstances (personal property must be valued less than $10,000/ real property may be conveyed to other governments or to certain non- profit corporations and associations by private negotiation and without monetary consideration.) SALE OPTION'S VIABILITY: The Perry Hills residents are not in a position to purchase the property at fair market value, according to a spokesperson for the group. LEASE OPTION: A county may lease any property that the Board of Commissioners finds will not be needed during the term of the lease. The Board may make leases or rentals for a period of one year or less by resolution at any meeting, or it may lease county property for periods longer than one year and up to ten years by a resolution adopted at a regular meeting, after ten day's published notice of its intention to do so. A lease for longer than ten years must be treated as a sale of property and may be executed by the procedures authorized for selling real property. LEASE OPTION'S VIABILITY: In granting a lease for recreational use of the property, the county must consider its ability to transfer, through the leasing arrangement, its liability if an accident should occur on this property. The county should consider if the Homeowners Association would have proper and sufficient liability coverage should an accident occur. Perry Hills residents themselves will not be the only users of the area and an adequate mechanism for an injured party to recover should be in place throughout the life of a lease. Concern also exists regarding the Association's ability to properly maintain the area in a safe condition, in order to minimize their exposure to accidents. The county should also consider its responsibility to adequately administer the contract /lease if provisions are stipulated that the.Association "will maintain the land in a safe condition." Staff will have to be assigned to administer the lease and inspect the property to ensure if the conditions in the lease are being met. As a final.consideration in granting a lease, the county should enter into the arrangement with an established entity, not an individual; currently, no Homeowners Association exists. RECONKMATION(S): Receive the report as information. Orange County Recreation and Parks Department Nc Post Office Box 8181 * Hillsborough, North Carolina 27278 Mary Anne Black, Director February 7, 1338 Mr. Moses Carey, Chairman Board of County Commissioners P. D. PON al al Hillsborough, North Carolina 27278 Dear Moses, 3 Life.Beinit. On Tuesday night, the Recreation h Parks Advisory Council discussed the Commissioners` decision to sell the county's two acre site on Frazier Road. The Council regt.tests that while the sale is pending, you pursue, our recommendation to lease the property to the Ferry Hills Horne ►owners Association. 'This would allow use of the property during the time it is on the market and while negotiations are underway. The lease could be written to immediately terminate upon notice from the County. Pursuing this lease arrangement will show the County's willingness to assist the Ferry Hills residents to provide for themselves a safe place for their children to play. If the County does pursue this lease arrangrnent, we would request that the minor work needed to seed the cleared area and fill in any low spots holding water be accomplished by the county before the ]ease takes effect. This would allow for the children to have an open, grassy field to play on. This lease, of course, is riot feasible without the Ferry Hills residents forming a Homeowners Association, but our- offer to assist is important. Please do not hesitate to call me if I can answer any questions you may haver. Sincerely, AtA� Oddty Susan Waldrop, Chair Orange County Recreation A Parks Advisory Council xci RPAC Members MaryAnnte• S. Moore Offices located at 300 W. Tryon Street. Hillsborough. NC Telephones: 919 732.8181 • 919 %7.9251 • 919 688 -7331 • 919 227 -2031 • Fax: 919 7324743 5 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.-Ligl- c. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: Orange- Person - Chatham Mental Health Agency Report DEPARTMENT: County - Manager PUBLIC HEARING YES: NO: X ----------------------------- ATTACHMENT(S): INFORMATION CONTACT: Albert Kittrell Report TELEPHONE NUMBER - Hillsborough - 733 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To receive Orange - Person- Chatham Mental Health Agency Report. BACKGROUND: Tom Maynard, Director, OPC Mental Health, will present a report highlighting current services and future trends. RECOMMENDATION(S): Manager recommends that the Board receive the report as information. 2 ; A REPORT TO THE ORANGE COUNTY COM[I%HSSIONERS REGARDING SERVICES AT OPC For Fiscal Year 1991, Orange - Person - Chatham Mental Health /Developmental Disabilities /Substance Abuse Services Authority served 2578 persons across our region up from 2212 the previous year. This 16.5% increase in persons served came during a year when OPC faced unprecedented cuts in funding support from the State of North Carolina. Some general information concerning our caseload is provided in attached sheets. A noteworthy trend is that during the recession year of Fiscal Year 1991, OPC saw a marked increase in numbers of clients who came to us without any income. In general OPC serves primarily low income clients, but in Fiscal Year 1990, 34% of our clients reported no income and in 1991 a full 55 % of our. clients reported no income. Only 4 % of our clients have incomes in excess of $31,000 per year. This figure has remained steady over the last several years. During Fiscal Year 1991, OPC served 584 children under the age of 18 as compared to 476 the previous year. Trends in Service Development Although Fiscal Year 1991 saw a reduction in state funding, OPC has redirected some of its existing expenditures and has initiated efforts to secure new sources of funding. In our Substance Abuse Service Area we have reallocated existing resources. Our court based DWI program has seen a marked reduction in usage because of competition from the private sector. We have redirected staff energy away from our court program and toward increased provision of group and individual direct treatment service. In response to the Chapel Hill Crime Task Force, we made available our Child Prevention . Worker to organize parent education and support groups in high risk neighborhoods. Additionally, we have committed funds to perform outreach and coordination work with local agencies such as the homeless shelter. In the area of Adult Mental Health services, we have joined forces with the Mental Health Association to obtain HUD funding for increased affordable housing for the disabled. Our Children's Service area has increased its volume of service and placed increased emphasis on outreach work with families and schools. Obstacles OPC has struggled this past year with a difficult computer conversion which is only now being resolved and has resulted in inadequate data for the 1991 fiscal year. By the end of fiscal year 1992 we will have more and better information than has been previously available. Club Nova has faced the loss of nearly $200,000 in annual federal support as a grant has been due to expire. At the same time, the property in which Club Nova operates is being sold by its owner. The Club Nova staff has had to be reduced in size from nine to five despite OPC's having redirected approximately $50,000 annually from other programs to Club Nova. Throughout this difficult time client attendance at Club Nova has 3 actually increased despite staff layoffs. OPC is currently negotiating to purchase the Club Nova property. Improved Efficiency i the Despite year in P h faced BUDGET : r ; >; which OPC as YEAS ADMIN.: $ . significant nificant losses in : :1 736> ... 56 go vernment revenues, FYS7 ? 2 . . . .1.5. ... 16 54 ; ! our client needs have FY8 6 5 314 9 4 9 F> 5. 14f 14increased we ha v e : 1 sentia ': 7 2 > :;; > >: 6 > ; : 216> maintained essential $ 0,2� �35�, services and even FY 89 949, 7,$1$,3 1 1 m e service 7 1' :! <!'`' 1Z7`' a d F9 o' 11 :., , ........ improvements des ite : : ''7` I p 2 309 ,.34(, .:. ..... Q,9 .:;FY9,1 1,13 P the cutbacks. OPC .:.:.... . .. . spends less today on administrative overhead than at any time in the recent past (see above schedule). We have made significant cuts in operating expenses, and staff have worked very hard to increase revenues from insurance and fees (see attached schedule). Additionally, staff have worked hard to refocus counseling efforts on short term and group therapy so as to serve more people effectively within a fixed amount of resources. Looking Toward The Future OPC has initiated a new planning process which attempts to integrate the state level mental health plans promulgated by the Mental Health Study Commission with local needs and priorities. OPC conducted open forums throughout the region to receive comments from the public, allied agencies, and consumers of our services concerning our future plans. As OPC's Area Board carries out its statutory mandate to organize services on behalf of local citizens, the Board will need this input as well as improved data in order to make the difficult decisions required of an environment in which needs are high and resources scarce. OPC's staff has responded with remarkable creativity and adaptability during this past difficult year. The OPC Mental Health Center is however a system currently under significant stress. As we move out of the recession, resources will become available to allow us to address the significant unmet needs of our client populations. ADMISSION DEMOGRAPHIC INDICATORS FY 191. EMPLO NT TATU FY 1990 Full Time 356 473 Part Time 105 123 Student 211 211 Retired 24 34 Housewife 13 9 Seasonal 4 9 Unemployed 740 593 Not Applicable 108 111 Unknown 26 8 MARITAL STATUS Single 940 S4$ Married 285 349 Divorced 169 - 163 Separated 142 148 Widowed 42 46 Unknown 9 17 EDUCATION LEVEL Kindergarten 5 7 Grades 1 -8 259 241 Grades 9 -11 296 322 High School Grad 357 355 Some College 216 238 Four Years College 83 92 Post Grad School 48 61 Other 46 75 None 130 56 Unknown 147 124 INCOME 1000 -5999 95 133 6000 -10999 126 228 11000- 15999 117 185 16000 -20999 59 77 21000 -25999 39 50 26000 -30999 31 32 + 31000 71 62 None 870 535 Unknown 179 269 4 ADNUSSION DEMOGRAPHIC INDICATORS FY 1991 FY 1990 REFERRING AGENT - Self 282 315 Family /Relatives 125 148 Friends 34 46 Employer 7 16 Private Mental Hospital 2 2 Public Mental Hospital 81 132 Psychiatry Deptartment - Hospital 8 8 Residential Treatment Center - Children 0 1 MR Training School 1 0 Alcohol Rehabilitation Center 9 30 Other Inpatient Psychiatry Facility 2 2 Private Psychiatrist 4 0 Other Outpatient Psychiatry Clinic 29 58 Psychiatric Day Care 1 0 Private Physician 30 53 Local Health Department 25 16 General Hospital 26 47 Nursing Home 14 14 Other Health Agency 10 47 Private Psychologist 0 1 Other Psychological Service 0 2 Social Service Agency 43 51 Court, Corrections, Police 184 277 School 53 50 Clergy 0 1 Alcoholics Anonymous 0 5 Vocational Rehabilitation 19 33 Boarding Homes for the Aged 1 0 Other 597 216 r- Cl) (3) LC CY) O cc QQ (� W Z J Q C..) C.) Q O OC Z aQ 00 E a) W D � Z = 04 -- W ch Va � �Q v c� Q� 000000000000000000000 OMWr% oNtMNr-- 0MWPIMMn tMN�0000000000 f'�NNNNNNNNNN��V- V-�r. -V -T-. Mapn�p��MN�O 0000000000000000000000000000000 OQ1C01�(DIS��C7N�OC7CDI��DLt7d ChNr-- OMODI��OtCI�[r1N� MNNNNNNNNNN��r f- r- q-V-�- �y s 0 (0 o� , 7Z O p °sJ Za. (Pyc] � O s d�ip °J y °s o �0 7 `� 7 0 .d. rte O �w yJ `Po. �2 7 y (P J ips 0 J -0 O v, 7- s ylp o- z w cr cr uj LL W R Soo 600 FIMION r -i•im r-, Soo g 400 W 304 200 100 0 1 0.9 0.8 0.7 0.6 a 0.5 `-' 0.4 0.3 0.2 0.1 mom Client Fees FY 1990 FY 1991 FY 1992 ® Cash Received Client Fees FY 1989 FY 1990 FY 1991 ® Fee Income accrued 7 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No . V�-D ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: Transfer of Cable TV Franchise from Carolina Cable to ATC ------------------------------ -------- - - - --- DEPARTMENT: County Manager PUBLIC HEARING - -- YES : - - -- NO : -X - -- ATTACHMENT(S). - - - - - INFORMATION CONTACT: Albert Kittrell Correspondence from ATC and TELEPHONE NUMBER - Carolina Cable Hillsborough - 732 -8181 Cable TV Committee Minority Report Mebane Hill 968_4001 Durham - 688 -7331 PURPOSE: To review - ^ and comment on request to transfer Carolina Cable's County Cable TV Franchise to American Television & Communications Corporation (ATC). BACKGROUND: On January 16, 1992 Carolina Cable formally notified the County of the pending sale of its cable television system to ATC. Carolina Cable also requested the Board's approval of cable TV franchise transfer to ATC. ATC informed the County the acquisition may create difficulties with the rules and regulations of the Copyright Office. To avoid the dif- ficulties, ATC has requested a modification in the existing cable TV franchise with Carolina Cable. The proposed modi- fication would disenfranchise a small section of the County near the Alamance County Line. The attached correspondence from Carolina Cable and ATC highlights specific information about the sale and proposed modifications to the franchise. On February 19, 1992 the Cable TV Citizen Advisory Committee met with representatives of Carolina Cable and ATC. After an in depth discussion, the committee developed the following statements and recommendations: 1) the Cable TV Citizen Advisory Committee find ATC to be an acceptable company to replace Carolina Cable; and 2) the Committee has grave reservation about omitting a section of the County from the existing Cable TV Franchise, however, to make the transfer of ownership possible the committee recommends approval of the proposed modification of the Cable TV Franchise for the balance of the franchise period (February 26, 1996). Currently there are six members on the Committee. The majority, four members of the committee recommended the above statements. Two members disagreed and have developed a minority report which is attached. 2 The County Manager and County Attorney have negotiated with ATC to provide free installation of "primestar" satellite system (information on primestar is under separation cover) in lieu of future cable service to the proposed buffer zone. The density in the buffer zone is extremely low and extension of cable to this area is unlikely in the foreseeable future. 3COMMENDATION(S): Manager proposes that the Board approve the transfer of the cable TV franchise from Carolina Cable to ATC with the condition that'ATC provide free installation of primestar satellite system to residents in the buffer zone at the March 24, 1992 Commissioners' meeting. Instruct County Attorney to prepare cable TV franchise amendment in final form for the March 24, 1992 Commissioners' meeting. aa• ^ca!! 0. p•a3er a•esiaert January 13, 1992 Honorable Moses Carey, Jr. Chairman Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Chairman Carey: ww•� i i i r Arlencar T e!ev,sc7 919 82, --v-,21c As Carolina Cable has already informed you, in order to complete the acquisition of Carolina Cable's cable television system by ATC, the parties need the County's assistance in avoiding a potential difficulty with the rules and regulations of the Copyright Office. Under the Copyright Office's proposed rules, it plans to treat "contiguous" cable systems under common ownership and control as a single unified cable system for copyright purposes. Because ATC currently operates a cable system in Alamance County, there is a danger that the Orange County system could be viewed as " contiguous" with the Alamance County system. In order to avoid such a possibility, the parties respectfully request that Orange County modify Carolina Cable's franchise for Orange County to create a "buffer zone" between the two franchise areas. We have enclosed proposed ordinances, maps and descriptions that we believe could accomplish the parties objectives without any loss of cable television service (now or in the future) by any residents of Orange County. We ask that you favorably consider this request and look forward to explaining the benefits and improvements that we plan to bring to the citizens of Orange County. Sincerely, Randall O. Fr r Enclosure cc: Geoffrey E. Gledhill, Esquire Mr. Albert Kittrell c..v can; encerterme� a ,. 'cr~a::ec = �e.c�s Carolina Cable 1129 \kea1 er Dairy Rd. • Timberhne Shopping Ctr. • Chapel Hill. \C yr,s- (",l • x)19 January 15, 1992 Honorable Moses Carey, Jr. Chairman Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Chairman Carey: As we previously advised informally, Prime Cable Income Partners, L.P. d /b /a Carolina Cable has been negotiating for the sale of its cable television system. We are now pleased to inform you that a subsidiary of Time Warner Inc. ("TWI "), American Television & Communications Corporation ( "ATC "), which is the parent corporation of Cablevision of Durham has contracted with Carolina Cable to acquire the system, subject to the approval of the County Commissioners. Accordingly, Carolina Cable respectfully requests approval for the transfer and assignment of its franchise. ATC or its subsidiaries operate cable television systems in Charlotte, Raleigh, Durham, Greensboro, Fayetteville and many other North Carolina communities. As can be explained to you in greater detail by Mr. Fraser of ATC, Time Warner is in the initial stages of a corporate restructuring in which assets of several of its subsidiaries, including ATC, will be transferred to Time Warner Entertainment, L.P., a limited partnership ( "TWE "). Two Japanese corporations, Toshiba and C. Itoh, will each receive a 6.25% limited partner interest in return for a combined capital investment of $1 billion. The remaining 87.5% interest in TWE will be held by TWI through subsidiaries. While there will be no change in the management or control of ATC or its subsidiaries, there will be a pro forma reorganization and transfer of the cable franchises and other assets to the new limited partnership. The transfer of assets to TWE may take place through one or more entities controlled by TWI. Accordingly, it is respectfully requested that approval be given for a transfer or assignment of the franchise to ATC and /or any other entity under the control of TWI. There is one other aspect of the proposed transaction that we need to bring to the Board's attention and for which we will need the approval and cooperation of the County Commissioners. As a result of a peculiarity in the copyright rules governing cable television signal retransmission, it will not be possible to consummate the proposed transaction if the transfer of the Orange Honorable Moses Carey, Jr. January 15,1992 Page Two County franchise would result in a determination by the Copyright Office that the system is "contiguous" with the existing system owned and operated by ATC in Alamance County. Consequently, we respectfully request the County to modify the franchise area to create a buffer zone along the Alamance County boundary in accordance with a plan devised by ATC, a copy of which is included with this letter. We will be happy to provide any additional information that the County may need in connection with its review of our request. Sincerely, & &Z• Harry Petersen 6 AN ORDINANCE AMENDING A CABLE TELEVISION FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Prime Cable Income Partners L.P. currently holds a non - exclusive franchise to construct, operate and maintain a cable television system in the unincorporated areas of Orange County and operates a cable system in the county under the name "Carolina Cable ". The franchise permits service in all areas of the county and requires service in all areas of the county meeting the residential density requirements specified in the original Village Cable proposal that was incorporated in Section IX of the franchise. The area in western Orange County along the Alamance County line outlined on the map attached as Exhibit "A" and identified on the map as "Secondary Service Area" is not served by Carolina Cable. The area does not meet the residential density requirement that would make service mandatory and is not expected to do so in the foreseeable future. Carolina Cable has requested that its franchise be amended to delete the area identified on the map as "Secondary Service Area" from its franchise area. In accordance with Section IIc. of the Orange County Cable Television System Ordinance and Section IX of the franchise ordinance, the franchise is amended to create a delineated franchise area as shown on the map attached as Exhibit "A ". The franchise area shall include all unincorporated areas in Orange County except the area shown on the map as "Secondary Service Area" and more precisely defined in the Description Of Secondary Service Area attached as Exhibit "B ". 7 DESCRiPT'ION OF CABLE TEIEVISION FRANCHISE AREA FOR CAROLINA CABLE IN ORANGE COUN'T'Y All unincorporated areas of Orange County except the "Secondary Service Area." DESCRIPTION OF SECONDARY SERVICE AREA: The secondary service area is an elongated segment of Bingham Township bounded by the Alamance County line and the Haw River on the west and on the east by a continuous line 200 feet west and parallel to a line of connecting state roads and highways beginning in the north at the intersection of Mebane Oaks Road (S.R. 1007) and the Alamance County line and extending south via Highway N.C. 54 to Gold Mine Road (S.R. 1957), Morrow Mill Road (S.R. 1958), Orange Chapel Clover Garden Road (S.R. 1956) and Crawford Dairy Road (S.R. 1956) to' the Chatham County line, all as more particularly described as follows: A continuous line 200 feet west of a line formed by the following state roads and highways: Beginning at the Alamance County line on Mebane -Oaks Road (S.R. 1007) and south - southeast along Mebane -Oaks Road to N.C. 54; Continuing south on N.C. 54 from the intersection of Mebane -Oaks Road and N.C. 54 east- southeast to the intersection with Gold Mine Road (S.R. 1957); Continuing south- southeast on Gold Mine Road to the intersection with Morrow Mill Road (S.R. 1958); Turning west - southwest on Morrow Road to the intersection with S.R. 1956 known as Crawford Dairy Road, Orange Chapel Glover Garden Road; and Continuing south on S.R. 1956 south to the Chatham County line. EXHIBIT "B" 8 ,ors �`' � -•_ r BRADS Coro r � � HpD •� � • rJ u � I TEER Oaks 1 54 Ift �rQ r Cerra � � , 34 - �- sa MLL f°. White C • o j o� - 1 _ 1 CLEF GREENSWRp RD. ■{ �, _ co Ckl a � ■ + r 1 9 1504 Arboretum Drive Chapel Hill, NC 27514 February 24, 1992 Orange County Board of Commissioners P. O. Box 8181 Hillsborough, NC 27278 Dear Commissioners: I can see no advantage for the people of Orange County in the proposed creation of a non - service area in our county. Quite the contrary I belive we should seek to obtain the best coverage possible in all areas of the county. We should do nothing to assist in expanding monopolies in the Cable TV industry. If we are to achieve county -wide service in the near future it will most likely be by the "wireless" systems currently coming•on line. One of the elements holding up the "wireless" industry is the monopolistic practices of the current Cable TV industry. (These practices are reported in the early February issue of US News and World Report.) Mr. Robert Thompson, Senior VP, at TCI defends these practices as a means.of building new program networks and makes no concession that would in any way increase the competition and thus reduce the cost to the consumer or provide service to the thousands yet to enjoy wide program selection. Congress and the FCC are currently seeking an answer to the practices that 'freeze out' the "wireless" systems. I strongly urge that no action be taken that would limit the requirement for county -wide coverage or abet those who would discourage competition. There is the urge to approve the requested buffer zone with a tongue in cheek hope that congress or the FCC will solve the problem of "copyright ". This copyright issue is unlikely to become finalized in the next three years, thus we will most likely be faced with a continuation of the buffer zone if 10 BOCC Page 2 Febru.; -ry 24, 1992 created or face significant cost increase for service. It is easy to say we approve the buffer zone for two years but we will be trapped into continuing the buffer zone into the next franchise. This will effectively deny citizens in the buffer zone full cable service for the next ten years. There are two developments that promise full coverage for the County and could in the long run reduce the cost of service; wireless TV and satellite TV distribution. Wireless TV systems are in existence now and could be brought into our county but they are experiencing great difficulty due to the monopolistic practices of the bigger Cable TV operators. ATC is a part of a communications conglomerate whose operations may restrict the availability of key programs to new comers like wireless TV. satellite TV distribution, like wireless TV, suffers from the same control of programing-by the big Cable TV operators. There is no technical reason that would delay the introduction of satellite TV distribution in competition with current cable TV operators. In fact ATC proposes to provide service to the buffer zone through another company using satellite distribution. While ATC will use satellite distribution, those proposing a new satellite distribution system to compete with current cable operators, are having difficulty proceeding because they can not be assured of having access to some of the most desirable programs. It is difficult to forecast when a competitive satellite TV distribution system will be available. Both Congress and the FCC are currently considering ways to eliminate the monopolistic practices that today help eliminate competition and keep cost to the consumer high. Should this problem be resolved in the next two years a competitive satellite TV distribution system could be in operation in 1996 -1998. Our problem is to be sure we do nothing that would delay the introduction of competitive systems in Orange County. Assisting ATC in the acquisition of the current system that serves Orange County could have the effect of delaying the introduction of any competing system. BOCC Page 3 February 24, 1992 With a system in place and expanding and with systems that will cover the entire county with a competitive signal ready to come on line in the near future, the undersigned cFn see no compelling reason for Orange County to modify its requirements when the sole purpose is to abet ATC in acquiring the current system. LPW /ltc CATVREP2 Respectfully, Lawson P. Wynne Cable TV Citizen Advisory Committee 11 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V-= - 1 ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: APPROVAL OF WINDOW ARTWORK FOR GOVERNMENT SERVICES CENTER - DEPARTMENT: PURCHASING--------- - - - - -- PUBLIC HEARING ------ -------- --- NO : -XX ATTACHMENT(S): - INFORMATION CONTACT: PAM JONES LETTER FROM Telephone Number- _ EXT 2650 / COST QUOTE FROM ARTIST Hillsborough - 732 -8181 Chapel Hill - 967 -9251 Mebane - 227 -2031 ----------------------------------- Durham 6887331 - - - - -- -_ -_- ---- _- - -- PURPOSE: To approve the stained glass panels to be installed in the Government Services Center. BACKGROUND: In January, 1992, the project architects presented a concept to the Commissioners which used stained glass panels depicting life in Orange County;'panels to be installed in the stairway of the new facility. The Commissioners endorsed the concept, but encouraged Hakan /Corley to use an Orange County artist to accomplish the work. With that directive, the architects worked with the orange County Arts Commission and interviewed three local stained glass artists, selecting the team of Michael Brown and Jim Rothbauer. The cost of the work breaks down as follows: Modifications to the frame and insulated glass wall where the stained glass panels will be hung Hakan /Corley design and coordination fee $ 2,443 Seven stained lass 2,000 glass panels 7,100 $11,543 The architects have contacted various groups within the County in an effort to determine the most appropriate scene for each category. The artist will present during the Commissioner's meeting, black and white sketches of the scenes intended for the panels. RECOMMENDATION: Approve the stained glass panels to be installed at the Government Services Center. FA I�JJ' hakan /coney & associates, inc. February 10, 1992 Ms. Pam Jones Purchasing Agent Orange County P.O. Box 8181 Hillsborough, NC 27278 RE: Orange County Government Services Center Project #9010 STAINED GLASS PANELS M architects • engineers • planners Dear Pam: We recently completed interviewing the artists for the proposed stained glass windows for the Orange County Government Services building. The interview /selection process was as follows: 1. A list of local stained glass artists was generated by the Orange County Arts Commission and from respondents to the article which appeared in the newspaper after the County Commissioners' meeting. 2. Letters were sent out to eight local artists from Orange County (copy attached) requesting letters of interest and qualifications to design and execute the proposed work. Of the four artists who responded, three were selected to participate in a 45- minute interview at our office. 3. The selection committee (Katherine M. Nelson, representing the Orange County Arts Commission, Glenn Corley, and myselO conducted interviews on January 27, 1992. The committee unanimously selected the team of Michael Brown and Jim Rothbauer to recommend for approval by the County Commissioners. Upon your instructions, we will inform the artists as to our recommendation. 4. To complete this phase of the process, we will request that the selected team provide us with a proposal to complete the work within the following parameters: Aluminum & insulated glass window wall modifications: $ 2,443 Hakan /Carley Design and coordination fee: 2,000 Seven pieces of artwork: 2100 $ 11,543 M.J. HAKAN, P.E. BOX 2368, CHAPEL Hf.L. NC 27515-2362 (919. 942 -858E KENNETH E. REDFOO' A CORLEY Ms. Pam Jones February 10, 1992 RE: Stained Glass, Orange County Government Services Center page 2 Enclosed is a letter from Michael Brown defining his cost and requirements for this commission. We have informed him that you would execute an official purchase order with him. We would also like this to be presented to the Commissioners as soon as possible so that work can begin. Sincerely, Kenneth E. Redfoot, A.I.A. KER:esw Enclosure cc: Glenn D. Corley hakon /corley & associates, inc. 3 IM P. Michael Brown 309 Granville Road Chapel Hill. NC 27514 February 24. 1992 Ken Redfoot Hakan /Corley & Associates 121 Estes Drive 0206 Chapel Hill, NC Dear Ken, I would like to thank Hakan /Corley for selecting Jim Rothbauer and me to work on the stained glass windows for the new government services building in Hillsborough. I have been asked to present you (and by extension. the county purchasing agent) with a budget and schedule for the project. We propose the following: 1) on completion of rough black and white layouts for the windows for county commissioners to review first payment 2) a) Final drawings in,color b) Working drawings for glass structure c) Purchase of glass and misc. material second payment. April 1 3) a) Cut and fit glass to working drawings b) Glaze artwork c) Etch artwork third payment, May 21 4) a) Assembly of windows b) Transportation & installation of windows fourth payment, July 15 The four subtotals come to a total of: $250 263.33 500 1500 2283.33 1283.33 500 500 2283: - 1900 383 2283.34 $ '7100 Jim and I are excited to be working on this project and look forward to working with you and the county. Please call if you have any questions or comments. Sincerely, 6\." J� ; —� Michael J. Brown 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. Lja--6 ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: Home and Community Care Block Grant ------------------ --------------- DEPARTMENT_- County - Manager - - - -- PUBLIC- HEARING - -- YES--- - - -NO: X - -- ATTACHMENT(S): INFORMATION CONTACT: Albert Kittrell FY 91 -92 and 92 -93 Budget TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 - PURPOSE: 1) To consider designating a lead agency team to be responsible for planning and coordination of the Home and Community Care Block Grant. 2) Approve the composition of the County Block Grant Advisory Committee. BACKGROUND: The State Department of Human Resources has established the Home and Community Care Block Grant which will become effective July 1,.1992. The Block Grant will not create new funding streams. The,Block Grant will combine existing funding and future funds appropriated to County Departments for Older Adults. State funds are appropriated to the Department on Aging, Department of Social Services and Joint Orange Chatham Community Action Agency (JOCCA). The Block Grant gives County Commissioners maximum discretion in deciding how aging funds will be administered and budgeted in the County. Boards of County Commissioners will define the services to be provided, determine funding levels for services, and identify the community service providers to be involved in providing Home and Community Care Block Grant Services. Boards of Commissioners are required to designate an agency or office with lead responsibility for planning and coordinating the Block Grant Funding Plan. Since the beginning of the calendar year, several meetings were held with the County Directors of Aging, Social Services and JOCCA Executive Director to determine the most appropriate agency or department that should serve as "lead agency" for the block grant. After discussions with the Directors, and members of the County Department on Aging Advisory Board it was agreed the County's Block grant should be administered by a "lead agency team" with the County Manager's Office serving as the team leader. This designation would be consistent with the County's current approach to providing human services. 2 Most County human services programs are coordinated through the Human Services Management Team. Administering the Home and Community Care Block Grant under the team concept would promote greater coordination of senior citizen programs. The State also requires County Commissioners to establish and appoint members to a County Block Grant Advisory Committee. The Directors and representatives from the Aging Board agreed the County Block Grant Advisory Committee should be composed of the following nine members: one representative from Aging Advisory Board, Social Services Board, Board of Health and JOCCA Board; Directors of Aging, Social Services, Health, JOCCA and Assistant County Manager. David Moser, Director of Aging, Triangle J Council of Governments, should serve as ex- officio member. The County Block Grant Advisory Committee would be responsible for developing and recommending an annual Block Grant Funding'Plan to the Board of Commissioners. RECOMMENDATION W : The Manager recommends the designation of a lead agency team to be responsible for the planning and coordination of the Home and Community Care Block Grant. The Manager also recommends approval of the composition jor the County Block Grant Advisory Committee. Home and Community Care Block Grant Funding FY 1991 -92 Department On Agna Programs In Home Aid Care Management Housing and Home Improvement Senior Center Operations Transportation Institutional Respite JOCCA Programs Congregate Meals Home Delivered Meals social services Program In -Home Aid Total Total Total Grand -Total Budget $23,043 $15,396 $ 2,301 $55,162 $34,514 3 000 $ 88,581 S 2', 3 62 $ 25,122 $ 133,416 $ 90,943 $___25,122 $ 249,481 FY 1992 -93 Funding for all programs listed above will total $ 251,790 the upcoming fiscal year, a $2,317 increase over the 1991 -92. HCBCBUD 3 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9. 1992 Action Agenda Item 4 L SUBJECT: Establishment of a water resources study cola1_ittee DEPARTMENT: County Manager PUBLIC HEARING: Yes % No ATTACHMENT(S): Charge to the committee Committee structure and schedule INFORMATION CONTACT: County Engineer TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688- -7331_ Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To establish the Orange County Water Resources Committee BACKGROUND: The study of the County's water resources as it specifically relates to the quality and quantity of the ground -and surface water resource was first made a part of the BOCC's goal statement in 1991. The 1992 BOCC Goal Statement has revised the water resource study process outlined in the 1991 BOCC goal statement by including a new objective. This new objective provides for a citizen study committee which is intended to investigate the quality and quantity of the County's ground and surface water resources by gathering existing water resource information, determining the effectiveness of existing water resource protection and management programs, identifying problem areas. prioritizing the efforts to gain more information to address perceived problem areas and recommending to the BOCC a process for implementing future water resource study or other activities required to address existing or potential water resource problems. RECOMMENDATION: The Manager recommends establishment of the committee and the review and adoption of the attached documents. 2._.} NAME OF ORGANIZATION Orange County Water Resources Committee Recommended Charge to Committee: To investigate the ground and surface water situation in Orange County in terms of both resource quantity and quality for the purpose of developing a County water resource plan which will provide to the Board of County Commissioners a series of recommendations and priorities for an in -depth water resource study and planning process. In a series of meetings, the committee will be responsible for conducting its investigation.and making recommendations by: 1) gathering available information on existing ground water and surface water resources and resource management programs 2) assessing the effect of existing water protection-and management programs and existing land uses on ground and surface water resources with particular emphasis on whether the resources are being adequately.protected 3) identifying problems and opportunities which the County should address, with particular emphasis on groundwater quality and quantity. 4) prioritizing issues by identifying problems which are in most critical need of attention 5) developing specific goals and objectives which represent the end results the County wants to achieve in terms of Protection of ground and surface water quality and quantity 6) developing a plan of action outlining specific steps for solving perceived problems and for taking advantage of opportunities to meet goals and objectives, and indicate how the action plan would be factored into the long term planning process 7. Presenting a status report to the BOCC with committee findings and a recommended implementation program which identifies responsibilities and costs for putting a water resource plan into effect I Recommended Committee Structure and Schedule The committee should be composed of approximately fifteen individuals. most or all of whom have some background or expertise in areas related to the work of the committee. including; 1) professionals in fields related to the committee's charge (e.g. environmental sciences. planning) 2) representatives of environmentally concerned groups (e.g. Sierra Club. Triangle Land Conservancy) 3) representatives of groups whose activities have potential ground and surface water impacts (e.g. farmers. developers) 4) members of citizens groups (or individual citizens) with some relevant background, who are interested in the committee's charge (e.g. League of Women's Voters) It is recommended that one commissioner serve as a liaison to this group. The committee is to be appointed at the Commissioners' meeting on April 21. It is anticipated that'the committee will meet for 12 -18 monthsv with five meetings scheduled between the beginning of May and the end of November 1992 so that the committee will be in a position to present a status report in December 1992. CWRC0309 3 t 0 O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 Action A enda Item # N -0 I SUBJECT: Orange County Solid Waste Committee DEPARTMENT: Public_ Works PUBLIC HEARING: Yes —x —No ATTACHMENT(S): INFORMATION CONTACT: Wilbert McAdoo ext. 2627 -- Applications will be sent under separate cover. TELEPHONE NUMBERS: -- Draft of Selection Letter Hillsborough - 732 -8181 -- Draft of Letter to Durham- 688 -7331 Applicants Not Selected Mebane -227 -2031 Chapel Hill- 967- 9251/968 -4501 PURPOSE: To consider attached applications for selection of members to the Orange County Solid Waste Committee. BACKGROUND: The Board of County Commissioners adopted a resolution establishing an Orange County Solid Waste Committee at their regular meeting, January 21, 1992. The Public Works Department subsequently began solicitation for members to serve on the Committee, with an application deadline of February 21, 1992. It has been recommended that the Committee be comprised of one member from each township and one each from the Planning Board, Board of Health, Economic Development Commission and Chapel Hill Solid Waste Reduction Task Force. Number of applications from each township are as follows: Cedar Grove - 4 Hillsborough -2 Little River - 2 Eno - 1 Cheeks - 3 Bingham - 5 Chapel Hill - 7 Applications also include those from members of advisory boards recommended by each advisory board chair. RECOMMENDATION: Manager recommends that Board of County Commissioners select members to serve on the Orange County Solid Waste Committee at this point on the agenda, or during the appointment section of the agenda. Manager also recommends that the Board provide review and comments on attached letters and authorize chair to sign. 2� ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. Moses Carey, Jr. 27278 1 .818 Alice M. Gordon 732 732 -8181 Stephen H. Halkiotis 688 -7331 Verla C. Insko 227.2031 Don Willhoit 644.3004 (Fax) Committee Member Address Town - Zip Date Dear Ms. /Mr. On behalf of the Board of County Commissioners, I am pleased to inform you of your selection to.serve on the Orange County Solid Waste Committee. You will be representing the township of We are most grateful for your willingness to assist in our efforts to identify a good solid waste management plan for unincorporated orange County' We feel that the Committee selections will result in a dynamic team of experienced, interested and concerned citizens who will have a positive impact on solid waste management.. We are looking forward to working with you. Staff from the Orange County Public Works Department will be contacting you soon to discuss the first meeting and make arrangements for dissemination of materials prior to the meeting. Again, thank you for your willingness to commit time and energy to this very important task. Sincerely, Moses Carey, Jr. Chairman Orange County Commissioners YOU COUNT IN ORANGE COUNTY I ORANGE COUr'n' r;ONiNLISSIONERS P.0, Box 8181 HILLSBOROUGH, N.C. 272;8 jses Carey, Jr. Alice hf. Gordon Stephen H. Halkiotis Verla C. Insko Don Willhoit nF' -• Mr. /Ms. Address Town zip Date Dear Mr./Ms- Thank you for volunteering your time the Orange County solid Waste Committee. by the extent to which our applicants are interested in solid waste management, and could take advantage of all the enthusiasm available to this committee. 732.8181 968 -4501 688.7331 227.2031 644.3004 (F:u) and effort to serve on We are very encouraged informed about and truly wish that we and expertise As you know, the Orange County Solid Waste committee e consists of one representative from each township m representative from four advisory boards (Planning Board, Economic Development Commission, Chapel Hill Waste Reduction Task Force and Health Board)• in making our determination we felt it important that the Committee be-representative of the diverse geographic, demographic and occupational groups in the County. We also felt that limiting the number of Committee members would help expedite the process and therefore allow us to respond quicker to issues that need immediate attention. These two factors made it necessary for us to select a limited number of people. you, along with other talented and valuable applicants, were not selected. One of the charges to the Committee is the identification of means for garnering citizen support for and commitment to the solid waste management plan. This will require our very best education efforts and help from citizens who are aware of the importance of changes taking place in solid waste management. Your assistance would be greatly appreciated at that time. Again, thank you for your interest and I encourage you to continue to offer your much needed services. Together we can make Orange County a great place to live. Sincerely, Moses Carey Chairman Orange County Commissioners YOU COUNT IN ORANGE COUNTY! -Imp 4 ORANGE COUI = COMMISSIONERS Q p ,O. Box 81.81 U HILLSBOROUGH, N.C. 27278 Moses Carey, Jr, Alice M. Gordon Stephen H. Halkiotis Verla G. Insko Don Willhoit Committee Member Address Town - zip Dear Ms. /Mr. E Date 732.8181 968.4501 688 -7331 227 --031 644 -3004 (Far) On behalf of the Board of County Commissioners, I am pleased to inform you of your selection to serve on the Orange County Solid Waste Committee. You will be representing the township of We are most grateful for your willingness to assist in our efforts to identify a good solid waste management plan for unincorporated Orange County. We feel that the Committee selections will result in a dynamic team of experienced, interested and concerned citizens who will have a positive impact on solid waste management. We are looking forward to working with you.. Staff from the Orange County Public Works Department will be contacting you soon to discuss the first meeting and make arrangements for dissemination of materials prior to the meeting. Again, thank you for your willingness to commit time and energy to this very important task. L.. Sincerely,. ,:.. . Moses Carey -Jr. - Chairman- Orange County.Commission.ers YOU COUNT IN ORANGE COUNTY I ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 9, 1992 SUBJECT: APPOINTMENTS DEPARTMENT: BOARD OF COMMISSIONERS ATTACHMENT(S): UNDER SEPARATE COVER Action Agenda Item No. X PUBLIC HEARING YES: NO: X INFORMATION CONTACT: BEVERLY BLYTHE EXT. 2125 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE TTHE- ATTACHED_ - RECOMMENDATIONS ARE BEING PRESENTED FOR THE BOARD OF COMMISSIONERS CONSIDERATION. THE INDIVIDUAL APPOINTMENTS ARE LISTED ON PAGE TWO. BACKGROUND: REGIONAL LIBRARY BOARD OF TRUSTEES *All of the applicants are listed on attached page. There are two positions available on this Board.* RECREATION AND PARKS DEPARTMENT RECOMMENDATION(S): AS THE BOARD DECIDES. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. -X-LL- ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 9, 1992 SUBJECT: MINUTES ------- ------------ - - - - -- ----- - - - - -- DEPARTMENT:- COUNTY - COMMISSIONERS- PUBLIC HEARING - - -- YES.. - - -- NO: X -- ATTACHMENT(S): UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER - HillSborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To correct - and /or approve the - minutes as submitted for consideration: December 11, 1991 - Special Public Hearing February 24, 1992 - Quarterly Public Hearing 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. grange County Commission for Women Box 8181 0 110 North Churton Street ! Hillsborough, NC 27278 THE ORANGE COUNTY COMMISSION FOR WOMEN SUBMITS THE FOLLOWING PROCLAMATION TO THE ORANGE COUNTY BOARD OF COMMISSIONERS: WHEREAS American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; WHEREAS American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working .inside and outside of the home; WHEREAS American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; WHEREAS American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; WHEREAS American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; WHEREAS American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and Hillsborough 732 -8181 • Chapel Hill 967 -9251 • Mebane 227 -2031 • Durham 688 -7331 WHEREAS despite these contributions, the role of-American women in history- has been consistently overlooked and undervalued, in the literature, teaching and study of American history; NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim the month of March, 1992 as WOMEN'S HISTORY MONTH and commend this observance to Orange County citizens. 1 P R O C L A M A T I O N COUNTY OF ORANGE; MENTAL RETARDATION MONTH WHEREAS, mental retardation is a condition which today affects more than six million American children and adults and their families; and WHEREAS, the most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be fostered; and WHEREAS, during the month of March, 1992, members of national, state and local chapters of the Association for Retarded Citizens are making a special effort to forge vital employment, educational and fundraising campaigns to promote awareness of, and provide for the needs of persons with mental retardation and other developmental disabilities; NOW, THEREFORE, I, Moses Carey, Chairman of the Orange. County Commissioners, on behalf of the County Commissioners do hereby proclaim the month of March, 1992, as MENTAL RETARDATION MONTH in the County of Orange, and urge all citizens to learn more about mental retardation and assist in improving the quality of life of citizens with mental retardation. This the 9th day of March, 1992. Moses Carey, Jr., Chair Orange County Commissioners S E A L RESOLUTION IN MEMORY OF BRIAN BENSON WHEREAS, Brian Benson joined the Triangle J Council of Governments in 1985 as a Senior Planner in Physical Development and was promoted to the position of Director of Land Use and Development, serving with distinction until his untimely death on February 18, 1992; and WHEREAS, Brian Benson worked diligently to coordinate local and regional planning issues and led the development of the Geographic Information System at the Triangle J Council of Governments; and WHEREAS, Brian Benson effectively staffed the Regional Appearance Commission and the Triangle Development Awards program and served on other regional committees concerned with land use, transportation, and community appearance; and WHEREAS, Brian Benson rendered distinguished service to Orange County as a land use and community development planner from 1978 to 1980, and authored successful Community Development Block Grants during each year of his tenure with the Orange County Planning Department, thereby contributing to neighborhood revitalization in the county; and WHEREAS, Brian Benson was a dedicated, energetic and highly talented professional who worked well with public and private leaders and planners all over the Triangle region; and WHEREAS, we, along with his family, friends and colleagues, shall deeply miss his cooperative, warm and kind nature; NOW THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the Board hereby honors the public service of BRIAN BENSON and urges all citizens to remember him and his contributions to the people of Orange County and the Triangle region. This the 9th day of March, 1992. i— A *0F, RESOLUTION IN MEMORY OF HERB STOUT WHEREAS, Herb Stout served as a dynamic member of the Wake County Board of Commissioners from 1984 to his untimely death on February 18, 1992; and WHEREAS, Herb Stout was an innovative and exemplary Chairman of the Triangle J Council of Governments, the Geographic Information System Task Force, and the Model School Task Force for the Council, and served as president or chairman of numerous nonprofit and government organizations during his tenure as an esteemed public servant; and WHEREAS, Herb Stout was an energetic advocate for improved schools, water quality protection, better health and human services, increased low income housing, improved regional and county telephone service, federal funding assistance to federally mandated programs, and many other important issues; and WHEREAS, Herb Stout inspired many others to become involved in civic, educational and social service areas; and WHEREAS, we, along with his family, friends, colleagues, and constituents, shall deeply miss his spirited, creative, caring and generous nature; NOW, THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the Board hereby honors the public service of our colleague and friend HERB STOUT and urges all citizens to remember him for his commitment to public service which contributed to the quality of life in Orange County and the.other Triangle communities and truly made the Triangle a better place because of his leadership. This the 9th day of March, 1992. .� fie Board 3 - q -1� ITEMS NOT ON THE PRINTED AGENDA If you would like to speak on an item that is not on the printed agenda please complete the following information- NAME: �J �r TELEPHONE NUMBERS: H 0 M E WORK: BRIEF DESCRIPTION: � 1, G ORANGE COUNTY BOARD OF CO?u,iISSIONERS p,.ctio;l Agenda Item No ACTION AGENDA ITEM A.BSTRrCT Meeting Date: March.9 1992 s;:Bi -ECT: ENO MOUNTAIN ROAD CLOSING ?' RTiQENT T `COUNTY _ATTOR]9Z1 _ _ _ _ A: =AC MENT(S) Petition 11/1/87 and 11/15/87 Resolutions Resolution N.C.G.S. §153A -241 P:'BLIC�HEARING YES : N0: X INFORMATION CONTACT: Geoffrey Gledhill, County Attorney, TELEPHONE NUMBER- 732 -2196 .Hillsborough - 732 -8181 Chapel Hill -,968 -4501 Mebane - 2.27 -2031. Durham - 688 -7331 PURPOSE: To consider a resolution declaring the intent of the Board of Commissioners to close a portion.of Eno Mountain Road. BACKGROUND: In November 1987 the Board of Commissioners adopted two resolutions (the first on November 1, 1987; the second on.November 15, 1987) expressing its support of the straightening and paving of Eno Mountain Road, generally from the Eno River south to its intersection with Orange Grove Road. Those resolutions requested- the North. Carolina Department of Transportation to abandon the Eno -. Mountain .Road right of 'way that existed then and that would no longer be -used after the road straightening and paving project was complete. Finally, the.Board resolved that it would do its part in the process of abandoning Eno Mountain Road by declaring -its intent to close the abandoned portion of the,road -and to hold a public hearing on the. closing. This latter step ,was .an important feature in the agreement to straighten and improve Eno Mountain-.,Road because the owners of the property abutting the,new road gave the Department of Transportation the right of way for the road improvements with the expectation that the.right of -way for the abandoned portion of, the road would revert to them as provided by law in the case of a closed public road. The road project is now complete and -the' North Carolina- Department of Transportation has abandoned, for maintenance purposes, the old road. With a letter dated February 24, 1992, the County Attorney received a petition from 'Tredmont, Inc. and Resco Products, Inc., owners of a substantial portion of the abandoned segment of Eno fountain Road, formally requesting that the abandoned section of the - road. be closed., . -The next step in this process is for the Board of Commissioners to adopt the - attached resolution declaring its intent to close the public road and to set the public hearing for the road closing. At the conclusion , of -the public hearing the Board can formally close the road provided it -can make the findings of fact which are required by the statute authorizing road closings which statute is. also attached to this agenda abstract.. RECOMMENDATION: The Manager and the County Attorney I recommend the adoption of the resolution declaring the Board's intent to.c.lose designated portions of Eno Mountain Road. NORTH CAROLINA ORANGE COUNTY BEFORE THE BOARD OF ORANGE COUNTY COMMISSIONERS TREDMONT, INC. and ) PETITION TO CLOSE A SEGMENT RESCO PRODUCTS, INC., ) OF ENO MOUNTAIN ROAD Petitioners, ) FORMERLY KNOWN AS STATE ROAD 1148 TO THE HONORABLES, THE COUNTY COMMISSIONERS OF ORANGE COUNTY: Your petitioners respectfully show to the County Commissioners of Orange County: 1. That your petitioners, Tredmont, Inc, and Resco Products, Inc. are owners of property abutting and adjoining a portion of Eno Mountain Road (formerly part of S.R. 1148) that has been abandoned by the North Carolina Department of Transportation all as shown on Exhibit A attached hereto and incorporated herein by reference [hereinafter referred to as "the abandoned road. "] 2. That upon information and belief, the abandoned road does not provide to any individual owning property in its vicinity and to any subdivision in which it is located, reasonable means of ingress and egress. 3. That the abandoned road is a public road formerly under the control and supervision of the North Carolina Department of Transportation and identified as part of North Carolina State Road 1148. 4. That as a part of improvements to and the straightening of Eno Mountain Road (S.R. 1148) the abandoned road is no longer necessary to and used as part of Eno Mountain Road. 1 I 5. That the North Carolina Department of Transportation, pursuant to North Carolina General Statutes 5136 -63, has "abandoned" the abandoned road, as evidenced by the notification of abandonment which is part of Exhibit A to this petition. 6. That this petition is brought pursuant to N.C. Gen . Stat . 5153A -241; that upon information and belief, John Watkins, District Engineer, North Carolina Department of Transportation will be provided with a copy of this petition together with notification of the time and place at which the closing of the abandoned road is to be the subject of a public hearing and action thereafter by the Board of County Commissioners; and that upon information and belief, upon adoption of a resolution by the Board of County Commissioners of its intent to close the abandoned road, the resolution will be published once a week for four (4) weeks prior to the time set for a public hearing on the question of closing the abandoned road. 6. That upon information and belief, closing the abandoned road is not contrary to the public interest and no individual owning property in the vicinity of the abandoned road will be deprived of reasonable means of ingress and egress to his or her property. 7. That the abandoned road should be closed and the title thereto vested in the petitioners and other property owners whose property abuts the abandoned road as provided by N.C. Gen. Stat. 5153A -241. K WHEREFORE, your petitioners pray the Board of County Commissioners of Orange County that the portion of Eno Mountain Road abandoned by the North.Carolina Department of Transportation as illustrated on Exhibit A be permanently closed by Order of the Board of Commissioners of Orange County following the adoption by the Board of County Commissioners of a resolution expressing its intent and a public hearing following public notice as provided by law. TREDMONT, INC. President ATTE cretary RESCO PRODUCTS, INC. President ATTE T• Secretary PENNSYLVANIA MONTGOMERY COUNTY William T. Tredennick , being first duly sworn, deposes and says that he is President of Tredmont, Inc., petitioner in this matter; that he has read the foregoing petition and that the same is true of his own knowledge except those matters and ki things alleged therein on.information and belief and as to those matters he believes them to be true. j 4 -;r Z L e" Sworn to and subscribed before me this � day of 'z try 191E. � p ° :rte ��✓..a� Notary Public My commission expires: -4'Z v PENNSYLVANIA MONTGOMERY COUNTY William T. Tredennick being first duly sworn, deposes and says that he is President of Resco Products, Inc., petitioner in this matter; that he has read the foregoing petition and that the same is true of his own knowledge except those matters and things alleged therein on information and belief and as to those matters he believes them to be true. Sworn to and subscribed before we this __LZ9A�Iday of Notary Public My commission expires: >1 4 CCU � � t� a„�,,d•+r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P. O. Box 766 Graham, North Carolina 27253 -0766 December 20, 1990 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY Orange county Mr. John Link, Jr., Manager Orange County P. O. Box 8181 Hillsborough, NC 27278 Subject: SR 1148 - Eno Mountain Road Dear Mr. Link: DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR I was recently contacted by Mr. Gary L. Hester of RESCO Products Inc. (Piedmont Minerals /Crescent Brick), concerning the abandonment of the right of way on the portion of the road abandoned during the realignment of SR 1148. Apparently the attorney representing RESCO Products Inc., and the attorney representing Orange County are trying to determine if the right of way on the abandoned road is in fact abandoned based upon the resolution you provided to me in your letter dated November 7, 1988. The following actions pertaining to the resolution have been completed. 1. SR 1148, Eno Mountain Road, has been constructed in accordance with the Hillsborough Thoroughfare plan dated October 1987. See attachment 1, color coded plan. 2. The North Carolina Board of Transportation approved a resolution to add 0.32 miles of the realigned road to the state system on September 6, 1989. See attachment 2. An Equai O000rtun !v1Aff rmat ve Hcticn Employer Mr. John Link, Jr. December 20, 1990 Page Two 3. 0.58 miles of the old roadway was abandoned, based upon the resolution received from the county dated November 7, 1988, by the North Carolina Board of Transportation on September 6, 1989. See attachment 3 and 4. Please talk with the attorney representing the county and determine what assistance, if any, Y may provide in resolving this matter. if you have questions regarding this matter please feel free to contact me. Yours very truly, e, L E. M. Cowan, P.E. District Engineer � cc: Mr. Gary L. Hester w /attachments I H -1 BOARD OF TRANSPORTATION ROAD ADDITIONS DATE OF COUNTY PET. NO. LENGTH DESCRIPTION REPORT Div. 5 Franklin 34784 1825.50 ft. Nottingham Court 10/17/89 Wake 34785 0.24 mi. Jicarilla Lane 11/16/89 Wake 34786 Sedgefield Park Subd. 10/16/89 0.17 mi. Sedgefield Drive ' 0.04 mi. Helena Court Wake 34787 0.17 mi. Sedona Place 10/18/89 Div. 6 Bladen 34818 663 ft. Extension of SR 1559 10/11/89 Cumberland 34788 250 ft. Dartmund Place 6/30/89 Cumberland 34789 2500 ft. Beaver Run Drive 5/26/89 Cumberland 34790 Devonwood North 5/26/89 1370 ft. Tollhouse Drive 195 ft. Rainham Court 195 ft. Penshore Place ` Harnett 34791 Sierra Villa Subd. 7,/10/89 800 ft. Extension. of SR 1181, Sierra Trail 375 ft. Arizona Court 375 ft. Wyoming Court Harnett 34792 985 ft. Highland Drive 10/23/89 Div. 7 ;x�ange#793a;32 -mi .. ; O' e 3.4:794' 0.27 +'on _fR89 I+rio _dta Porti ort SR 1335;" 10/23/89' rang mi. . of. Ken'i on �rRoad Div. 10 Cabarrus 34795 Huntwick Subdivision 7/25/89 2120 ft. Buckingham Lane 675 ft. Stratford Court 848 ft. Bedfordshire Avenue 919 ft. Manchester Avenue 1653 ft. Piccadily Lane 1819 ft. Wellington Lane 687 ft. Dorchester Avenue Mecklenburg 34796 Hermitage at Winchester 5/11/$9 _.: 350 ftx Liberty Bell Court- .300 .f t: Cour Apple:-Valle t �co 12/1/89 COUNTY PET. NO Div. 7 BOARD OF TRANSPORTATION ABANDONMENTS LENGTH DFSCPTPTTnN Orange_• ` 34816, 0.35 mi . Porti on- of. SR 1 `Orange 34817 0.58 mi . Port-ion of SR CORRECTION: (Meeting of 11/3/89) Cleveland County, Pet. No. 34716, Portion of SR 1807 SHOULD BE: Change Pet. No. to 34761 H -6 DATE OF REPORT 10/23; 89• 9/6/89 = �r Ste: _ :•:•� _ - - •ww3' •s > - _ '"mot • �S : ev _ - W m w I— H a I 0 J J 0 U. N co 0 L d 0 In 1 , ■■ ■ 1�I. 1 1 1 a r T b 11 1- J PT M, 37.14 co O M ,j Q 1 I A Q 4 I � 4 m � a a- lo LJ / II I T b 11 1- J PT M, 37.14 co O M ,j Q 1 I A Q 4 I � 4 m � a a- �Maria9et "s l_�� ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA November 7, 1988 Mr. E.:.M. Cowan, District Engineer Department of Transportation P.O. Box 766 Graham, NC 27253 Dear Mike: IEAZ i>�e 177.2 Please find enclosed a resolution adopted by the Orange County Board of Commissioners which indicates that pursuant to N. C. General Statute Section 136 -63, Orange County will request the N.C.D.O.T. to abandon that portion of the existing right -of -way of Eno Mountain Road that would no longer be a part of the road upon its realignment. Please note that this intent expressed by the Board is contingent on the Eno Mounte in 11,oact project being built according to the plans identified in the Hillsborough Thoroughfare Plan adopted in October, 1987. Should you have any questions about this resolution or its intent, please call me. Thank you for your cooperation in this matter. Sincle y, JoI-Xn` Link Orange County Manager LI- JML /asd Attachment FILE: COWAN2.DOC NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS, the North Carolina Department of Transportation con- templates realigning the right of way of and paving Ena Mountain Road, which road is located south of the Town of Hillsborough, and WHEREAS, Orange County supports this project provided the new right of way'of Eno Mountain Road follows the right o way of that road from the point southwest of the Eno River to. its intersection with Orange Grove Road deoicted on the Hillsborough Thoroughfare flan adopted by the Town of Hillsborough on September 21, 1987 and by the North Carolina Department of Transportation on October Q, 1987 (t-he Hillsborough Thoroughfare Plan, a copy of which is attached to this Resolution_ and made a Part of it), and WHEREAS, Orange County has been asked by the North Carolina Department of Transportation to express its intention to request the North Carolina Department of Transporta- tion to abandon whatever portions of the existing right of way of Eno Mountain Road that will no longer. be a part of the new right of way of that road. NOW,, THEREFORE, BE IT RESOLVED by Orange County that it will, pursuant to North Carolina General Statutes Section 136 -63, request the North Carolina Department of Transportation to aban- don -so much of the existing right of way of Eno Mountain Road as 'is "; " longer or .; wilh'. no`_'longer be part • of that road upon -'its realignment by the North Carolina Department of Transportat:.on. PROVIDED HOWEVER, this request by Orange County will only be made if the right of way of the Eno Mountain Road project now con- templated by the North Carolina Department of fransportation fol- lows the Hillsborough Thoroughfare Plan from the point southwest of the Eno River to its intersection with Orange Grove Roa;:. Unanimously adopted by the Board of Commissioners of Orange County, this 1st day of November, 1988. RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS OF INTENT TO CLOSE A PORTION OF ENO MOUNTAIN ROAD WHEREAS, petitioners Tredmont, Inc. and Resco Products, Inc. have filed a petition before the Board of County Commissioners to close the portion of Eno Mountain Road (S.R. 1148) identified in blue on the map which is part of Exhibit A to this Resolution (hereinafter "the abandoned road "); and WHEREAS, it appears from the petition that the abandoned road, formerly under the control and supervision of the Department of Transportation, has now been abandoned by the North Carolina Department of Transportation as evidenced by the notification of abandonment which is part of Exhibit A to this Resolution; and WHEREAS, it appears that no individual, firm or corporation owns property in the vicinity of said road without a reasonable means of ingress and egress to his, her or its property; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County that it intends to close the abandoned road. That prior to a decision on the closing of the abandoned road, a public hearing shall be held in the courtroom of the old Orange County Courthouse, the regular place of meeting of the Board of County Commissioners, on the 4th day of May, 1992 at 7:30 p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution in the Chapel Hill Herald and the News of Orange County once a week for four (4) successive weeks before said hearing and that the Clerk shall send by certified mail to each owner of property adjoining the abandoned 1 road and shall prominently post a copy of this Resolution in at least two (2) places along the abandoned road as required by N.C. Gen. Stat. §153A -241. This the 9th day of March , 19922 . Commissioner Ha l k i of i s moved the passage of the foregoing resolution and Commissioner I nsko seconded the motion, and the resolution was passed by the following vote: Ayes: Chair Mose5 Car J Alice Stephen H. Halkiotis Verla C. I s o Noes: NONE NORTH CAROLINA ORANGE COUNTY I. Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held March 9, 1992 , as relates in any way to the Resolution for closing a portion of Eno Mountain Road as illustrated on Exhibit A to the Resolution hereinabove set forth, and that the said proceedings are recorded in the Minute Book containing the minutes of said Board for said date. WITNESS my hand and the common seal of said County, this the 16th day of March 19 92 [SEAL] Beverly B1 e, Clerk t the Orange County Bo rd of Commissioners 2 §153A -241 CH. 153A. COUNTIES in at least one newspaper of general circulation published in county. After naming or renaming a public road, or assigninj reassigning street numbers on a public road, a county shall cE notice of its action to be given to the local postmaster with ju cl tion over the road, to the Board of Transportation, and to any? within five miles of the road. (1957, c. 1068; 1973, c. 507, s, 5; c:.f s. 1; 1981, cc. 112, 518; 1987, C. 28, S. 2.) Local Modification. - Alamance: 1987 (Reg. Sess., 1988), c. 900; 1989, c- 335, s. 1; Avery; 1983, c- 98; Brunswick: 1979, 2nd Sess., c. 1319; 1983, C. 98: Cabarrus: 1981, C. 568, amending 1979, 2nd Sess., c. 1319; 1983 ' c. 98; Cleve- land: 1987 (Reg. Sess., 1988), c. 906; 1989, C. 156, s. 1; Forsyth: 1981, C. 558; Guilford: 1979, C. 283; McDowell: 1989, c. 335, s. 1; New Hanover: 1983, c. 98; Stokes: 1983, c. 299; 1989, c. 335, s. 1; Surry: 1983, c. 299; Wake (Incorporated municipalities therein, only): 1989, c. 511, s. 1. Cross References. - As to naming roads and assigning street numbers in certain unincorporated areas of coup excepted from the application of this tion, see § 153A- 239.1- Editor's Note. - Session -11 c. 1319, B. 1, as ameded from time, time, excepts the following Colin the application of this sdet7 Alamance, Avery, Brunswick, Btu Cabarrus, Cleveland, Henderson,_; ] Dowell, New Hanover, gender;,":"" dolph, Sampson, Stokes and Surry a, ties. See Cross Reference above: pj The catchline of this section h'- ' 1 modified at the direction of the Re`vi4 of Statutes, I 'id § 153A -241. Closing public roads or ea A county may permanently close any public road or any e`r ment within the county and not within a city, except public roadso easements for public roads under the control and supervision of Department of Transportation. The board of commissioners , sli first adopt a resolution declaring its intent to close the publid`io or easement and calling a public hearing on the question. The bo shall cause the resolution to be published once a week for f0 successive weeks before the hearing a copy of the resolution - sent sent by registered or certified mail to each owner as shown on" county tax records of property adjoining the public road or ease- 2 ment who did not join in the request to have the road or easy* 17 closed, and a notice of the closing and public hearing to ' 2 nently posted in at least two places along the road f the hearing the board shall hear all interested - with respect to whether the closing wool public interest or to any individual hearing, the board of commis, public road or easement iF (in the case of a roarl" vicinity of the rofl' thereby be a his pr- ep' 0� O, .ENE !1 00t ;tep` all, speak o� on� 1 e ke 'Co %n�o`ma t� U 00e fo�l`P9 Xf y _ a tti I 1 PG�'N�p mot �5 1ee5e d 090p P Pte n the 0 r ', -241 §153A -241 ART. 12. ROADS AND BRIDGES §153A -241 Il the ,,. No cause of action founded upon the invalidity of a proceeding �Ig or taken in closing a public road or an easement may be asserted cause .Y: except in an action or proceeding begun within 30 days after the 'isdic -': day the order is adopted. city : ` Upon the closing of a public road or an easement pursuant to this .822, '.;.:. section, all right, title, and interest in the right -of -way is vested in -those persons owning lots or parcels of land adjacent to the road or - easement, and the title of each adjoining landowner, for the width ,unties '.. of his abutting land, extends to the center line of the public road or ,is sec. easement. However, the right, title or interest vested in an adjoin - 1971,ink landowner by this paragraph remains subject to any public - _^'.:_..utility use or facility located on, over, or under the road 'or ease - me to °�' me n t Immediately before its closing. until the lando -,vner or any unt;es successor thereto pays to the utility involved the reasonable cost of ection_ , ?`,_ removing and relocating the facility. (1949, c. 1208, ss- 1 -3; 1957, c. Burke, °;L' 65 S. 11; 1965, cc. 665, 801; 1971, c- 595; 1973, c. 507, s. 5• c. 822, s, Mc- r' X 1977, c. 464, s. 34.) Ran- G:. Coon- ;dal Modification. — Guilford: within the boundaries of a dedicated 5 been ;1979, c. 282; 1981, c. 59. -' street when use of the sweet is discon "Legal Periodicals. — For note dis- tinued, see 45 N.C.L. Rev. 564 (1967), ePj$Qr -iT� etiasin the disposition of 8 p property CASE NOTES S_E.2d 309, cert. denied, 282 N-C. 151, 191 S.E_2d 601 (1972). Restrictions on County's Power to Close a Way of Passage. — From this section and § 153A -239, it is clear that a county does not have the power to close a way of passage which has not been dedicated to the public or in which the public has not acquired rights by pre. scription. In re Easement of Right of Ni'ay. 90 N.C. App. 303. 365 S.E.2d 639 i19�8r. The closing of a street must not de. pr;ve a property owner of reason- able ingress or egress. ltiofford v, North Carolina State Hxk,ti, Comm'n, 263 N.C. 677. 140 S -E.2d 370. cert. denied. 382 U.S. 822. 66 ti. Ct. 50. 15 L. Ed. 2d 67 1965)_ An individual may restrain the ,wrongful obstruction of a public ,•ay. of whatever origin, if he ti ill suffer in;urV thereh a, distinct from the in. convenience to thr public generally. and he nia)' rec0%'er such ! Jpeclal darnages ;is lit- har ct, �1 a711eC ht- r'F�r1 01 the ob- strucunn. \1-otlord y. North Carolinai State Hwy- Cornet n. 263 \.C. 677..141, S.E.2c, 376- c'ert. denied. ',,ti2 L'.S. 66' Ct. 50. 15 L, Ed. 2d 67 i l %,r) i. Applied in Whitehead Community Cluii; y. Hopper:. 43 .1 N.C. App. 6 1. 226(1 S -Y.2d 9 � 1979 no CA ti via i'o c• cr K I1 S ti f-a �r n 4 .i i *,: i; ''- .'.,, -- Editor's Note. — Some of the cases ease - (ds or below were decided under corre- if the - �ponding sections of farmer 171,. shall,- �: v( . - Owners of property on a street - *bLich is to be partially closed have road ; ati interest in the hearing on the re- -)oard' quest to close the street. In re City of four, -Washington, 15 N.C. App. 505. 190 to be z - : 82•2d 309, cert. denied, 282 N.C. 151, n the' ` "_ 191 S.E.2d 601 (1972). ease - Legislative Intent as to Giving No. ment lice- — The true legislative intent is r:..:. that if a municipality wishes to close omi•' a beet or a part thereof, the notice= t. At re- a,. quired must be given. Such an intent if !pear ' the fair and just, because it affords all inter- Bated parties an opportunity t(, be heard. the' °` In re City of Washington, 15 N.C. _app. the ;` _ 605, 190 S.E.2d 309, cert. denied, 282 and ;- "N•C• 151, 191 S.E.2d 601 (1972). the !- = Notice to Adjoining Properry Nmers ould Not to Be Limited to Those -5 t0 • y` nth Special Interest. — The statute i or ', requires notice by registered mail to the curt) 01ners of property adjoining the Street 10 be closed ni }'. = tai who did not join in the rL- quest for closing the street. The words `'he ase of statute are clear and unequivocal. .There is noth;ng to indicate the tha) oniy with "special _hose a interest" mus be 401ired by registered mail. In re C;t. of Washington, :woad 15 N.C. App. 505• ' -9l! S_E.2d 309, cert. denied, 282 N-C. 151, 191 S.E_2d 601 (1972). Restrictions on County's Power to Close a Way of Passage. — From this section and § 153A -239, it is clear that a county does not have the power to close a way of passage which has not been dedicated to the public or in which the public has not acquired rights by pre. scription. In re Easement of Right of Ni'ay. 90 N.C. App. 303. 365 S.E.2d 639 i19�8r. The closing of a street must not de. pr;ve a property owner of reason- able ingress or egress. ltiofford v, North Carolina State Hxk,ti, Comm'n, 263 N.C. 677. 140 S -E.2d 370. cert. denied. 382 U.S. 822. 66 ti. Ct. 50. 15 L. Ed. 2d 67 1965)_ An individual may restrain the ,wrongful obstruction of a public ,•ay. of whatever origin, if he ti ill suffer in;urV thereh a, distinct from the in. convenience to thr public generally. and he nia)' rec0%'er such ! Jpeclal darnages ;is lit- har ct, �1 a711eC ht- r'F�r1 01 the ob- strucunn. \1-otlord y. North Carolinai State Hwy- Cornet n. 263 \.C. 677..141, S.E.2c, 376- c'ert. denied. ',,ti2 L'.S. 66' Ct. 50. 15 L, Ed. 2d 67 i l %,r) i. Applied in Whitehead Community Cluii; y. Hopper:. 43 .1 N.C. App. 6 1. 226(1 S -Y.2d 9 � 1979 no CA ti via i'o c• cr K I1 S ti f-a �r n 4 .i i *,: i; RESOLUTION OPPOSING THE DECLASSIFICATION OF THE HA* CREEK WATERSHED IN ALAHANCE COUNTY WHEREAS, the Eno River is characterized by yearly low flow conditions in which the river, for extended periods. is incapable of sustaining the current water demand of the major users of Eno River waters; and WHEREAS, the NC Environmental Management Commission found the upper Eno Basin to exhibit the water usage and shortfall criteria necessary to be declared a Capacity Use Area; and WHEREAS. the NC Environmental Management Commission has elected to allow Orange County, the Town of Hillsborough, the Orange - Alamance Water System and Piedmont Minerals Company Inc. to address the water shortage and water use problems in the upper Eno River basin, on a trial basis and under supervision of the Division of Water Resources, by developing an agreement and a plan which specifies varying levels of maximum individual water withdrawal allocations and minimum instream flow requirements based on base stream flow . conditions and water storage remaining in Lake Orange; and WHEREAS, Orange County, the Town of Hillsborough. the Orange - Alamance Water System and Piedmont Minerals Company inc. have in fact agreed to be bound by a water use plan, hereafter called the Eno River Capacity Use Agreement, which specifies water withdrawal allocations. instream flow requirements and management responsibilities; and WHEREAS, all parties to that Capacity Use Agreement were aware that Orange - Alamance uses approximately seventy -five percent of its water withdrawals outside of the Eno Basin and within Alamance County; and WHEREAS, assurances made to Orange County by the Orange - Alamance water system as early as 1968 that Orange - Alamance would obtain water from the Town of Graham to supply the Orange - Alamance customers located in Alamance County during those times when the flow in the Eno River was so low that natural stream flow had to be supplemented by releases of water impounded in Lake Orange; and WHEREAS, assurances made to Orange County by the Orange - Alamance water system as early as 1968 that Orange - Alamance would develop a water supply and treatment facility in the Haw Creek watershed sufficient to serve its Alamance County customers and would cease the interbasin transfer of waters from the Eno River; and WHEREAS. the Towns of Mebane and Graham have entered into a water sales agreement with Orange- Alamance which requires that Orange - Alamance abandon plans for developing the Haw Creek water supply and' request the de- classification of the Haw Creek watershed as a protected water supply watershed so that it can be developed without the encumbrances entailed by watershed protection regulations. and which additionally requires that Orange - Alamance use its entire Capacity Use Agreement raw water withdrawal allocation from the Eno River prior to obtaining water from either the Mebane or Graham water systems; and WHEREAS. the Haw Creek watershed remains a viable alternative for development of a water supply for.Orange County. the Town of Hillsborough. the Orange - Alamance Water System or another water purveyor who could employ Haw Creek water supplies to provide water to western Orange County and compensate for the loss of water from the Eno Basin to the Haw Basin resulting from Orange- Alamance's use of water from the Eno to supply its customers in Alamance County; NOW, BE IT THEREFORE RESOLVED that the Orange County Board of Commissioners opposes the de- classification of the Haw Creek watershed, strongly supports the Town of Hillsborough in its opposition to the declassification of the Haw Creek Reservoir and requests that the NC Environmental Management Commission decline the petition to de- classify the Haw Creek watershed and; BE IT FURTHER RESOLVED that the Orange County Board of Commissioners request that the NC Division of Environmental Management classify the Haw Creek watershed with the highest watershed classification supported by the current land use in the watershed unless and until another water supply in the Haw River basin can be developed to compensate for the interbasin transfer of waters from the Eno Basin during times of low flow in the Eno Basin. This 9th day of March. 1992. Moses - Carey. Jr., Chair Orange County Commissione F' - NLEAGUE OF WOMEN VOTERS OF NORTH CAROLINA March 9, 1992 Mr. Moses Carey, Jr., Chm, Orange County Commissioners. Mrs. Alice M. Gordon Mr. Stephen H. Halkiotis Mrs. Verla C. Insko Dr. Don Willhoit The League of Women Voters of North Carolina asks the Orange County Commissioners to continue to support their strong Watershed Protection Ordinance and recommends that they establish a Water Resources Study Committee made up of representative citizens. We support your three Water Resources Protection and Development Goals but please enlarge on your Watershed Protection Goal - -to implement state - mandated watershed protection standards and classi- fications-- by stating that you support the strong Watershed Ordinance that you have in place for University Lake and OWASA Water. The study done for OWASA supports this. The POSITION of The League of Women Voters of North Carolina is PREVENTION OF POLLUTION,therefore it is for stringent controls that protect the quality of current and potential drinking water supplies, including protection of watershed surface supplies and recharge areas for groundwater. Are you willing to set a goal of "no de radation of the quality of drinking water supplies"? It is important to have citizen participation in a Long Range Study Committee on the Quantity and Quality of Water Resources as it relates to both surface and groundwater supplies. This will give the public an opportunity to understand the problems as you commissioners continue to analyze the environmental impact of growth and development on the resources of Orange County. It will also develop for you a background of material for an intergrated approach of understanding the impacts of various activities on water quality for both groundwater and surface water. The information from the Water Resources Quantity and Quality Study Committee is needed as you work toward the Goal on Optional Wastewater Treatment System, the Goal of Expansion of Efland Sewer System and the Goal of Water and Sewer Services Expansion. If you have developed a plan of Overall Water Use and Protection for Surface and Groundwater you will have a long - range plan in place when you are trying to assess environmental impact of various land uses and development. This will help you prevent problems instead of mitigating problems. It will be time and money well- spent. Margaret Holton, Director Water /Air -- Natural Resources 801 Oberlin Road Suite 325 Raleigh, N.C. 27605 919/839-5532 LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA �WA ERSHED PROTECTION ALERT Feb. 3, 1992 from Margaret Holton, LWVNC Director Water /Air -- Natural Resources The League of Women Voters of North Carolina asks that the Environ- mental Management Commission(EMC) at its Feb. 13 meeting reject the proposed Water Supply WATERSHED PROTECTION RULES that weaken the minimum standards passed in December, 1990,particularly to reject the proposed density levels and impervious surface coverage requirements. The Watershed Studies in Orange and Durham Counties show that minimum standards need to be strengthened rather than be cut in half if North Carolina is serious about preventing pollution and minimizing degradation of water supplies. The POSITION of The League of Women Voters of North Carolina is PREVENTION OF POLLUTION, therefore for stringent controls that protect the quality of current and potential drinking water supplies, including protection of watershed surface supplies and recharge areas for groundwater. The above message was given to the Governor "s Office, Citizens Affairs Division - -Call 1 --800- 662 -7952 or Raleigh 733 -5017 to protest the revisions. A letter is being formulated to Charles Baker, Chairman, Environmental Management Comm, Division of Environmental Management, P.O. Box 29535,Raleigh,NC,27626. BACKGROUND The League of Women Voters of NC asked the Environmental Manage- ment Commission(EMC), and so did many local Leagues who spoke at Public Hearings across the state last fall, not to weaken the minimum protection rules that had been passed in December 1990. The Proposed Watershed Protection Rules to fulfill the mandate of HB 156 are due to be voted on by EMC at their Feb. 13 meeting. These proposed revisions in general cut in half the protection standards. The most significant proposed revisions include: * Doubling the allowable housing density and impervious surface coverage in the watersheds. The hearing officers have recom- mended that up to 30% of "predominantly undeveloped" WSII watersheds be paved, up to 50% of "low to moderately developed" WSIII watersheds be paved and up to 70% of WSIV class paved. * Reducing the critical area adjacent to reservoirs and run of- the -river water supply intakes from 1 mile to � mile. * Moving the effective date of the rules from July 1992 to July 1994. * Exempting development planned or platted by July 1994. We support the following two changes: • Allowing local governments to grant minor variances for developments. • Allowing local governments to develop and jointly adopt a more protective, regional plan and to petition EMC to adopt the plan(including allowing split classifications within watershed). 801 Oberlin Road Suite 325 Raleigh, N.C. 27605 919/839 -5532 3'- 9 - i'2 STATEMENT FOR PUBLIC HEARING OF THE ORANGE COUNTY BOARD OF COMMISSIONERS, March 9, 1992, at the County Courthouse in Hillsborough, regarding BUDGET OBJECTIVES AND GOALS The League of Women Voters of Chapel Hill and Carrboro thanks you for the opportunity to speak at this public hearing. The League of Women Voters supports stringent controls to protect the quality and quantity of water resources, including protection of watersheds for surface supplies and of recharge areas for ground water. 1. We support the implementation of state mandated classifications and standards for watersheds. In particular, we endorse the highest possible classification of University Lake and Cane Creek watersheds. It is important that the presently strong University Lake protection not be weakened by future local actions. 2. We support regulation of wastewater discharges and limitation of development densities. The creation of impervious surfaces such as rooftops, parking lots and roads causes stormwater runoff that delivers pollutants that can result in serious impact on water quality. The League urges citizens to be a part of strong local action in helping develop watershed protection ordinances for the health and quality of life for everyone. The objective is maintence of quality and quantity of our water supply. Nancy S. Mueller Chair, Natural Resources LWV of CH /C ALLEN SPALT 300 James Street Carrboro, North Carolina Home: 919/967 -3054 Ms. Alice Gordon Orange County Board of Commissioners 282 Edgewood Road Chapel Hill, NC 27514 Dear Alice: 27510 Work: 919/967 -1886 March 8, 1992 Thank you for sharing the information about the Public Hearing on March 9, 1991 on the Comm i ss i oners goa I s and budget pr i or i t i es. I hadn't known of the hearing and welcome the opportunity to comment. I cannot attend the hearing but would I ike to comment on a few of the issues. I would appreciate it if you could share this letter with your colleagues on the Board. A. �-n Setting Goals and Priorities: The Board Is to be commended for setting goals and for developing a process which allows the public to comment. Perhaps I am only one to have missed the announcement, but the hearing was news to me. Perhaps next year there could be further ways of getting the word out, and circulating the draft goals sooner, if widespread public participation is the object. B. Water Resources Protection and Development: The Board is to be commended for considering three goals related to water resources. Water is and will remain among the most important issues facing the county. While water quality protection and development may often. seem in conflict, they are in fact complementary. Without protection of valuable water resources, the county wi I I not be able to support its people or any growth. 1. Wgtershed Protectiw. The'goal of 'implementing State - Mandated Watershed Protection Standards" is, unfortunately, inadequate. The Environmental Management Commission recently retreated from adequate minimum standards and adopted instead much weaker rules pushed by developers. Therefore, just implementing the "minimum standards" will not provide adequate protection. Fortunately, the state watershed protection law allows local jurisdictions to go beyond the minimums. In fact, a principal argument in favor of the current rules was that they were statewide minimums that should be adapted to local needs. I urge the Board to restate its goal to read: "Implement Adegggte Watershed Protection Standards Throughout the County'. In many cases, adequate measures to protect the long -run public health and safety will require going beyond the state minimums. -5_. y- �v Orange County Goals: March 1992 Page 2 2. Opt lona I-Wagtewater Any plan to allow and /or encourage alternative waste treatment systems in the county must rely heavily on local inspection and enforcement. It must recognize that the State program is very inadequate -- inspections occur on average only once every five years; most are in response to complaints. The record of homeowners associations in maintaining alternative systems has not been good. Adequate bonding, public ownership,'public maintenance, or other means must be found if the public health is to be protected from faulty systems. Substantial funds are involved; the public should know in advance whether private funds are guarantged or if the taxpayer is expected to pay. 3. Water Resource Quant i ty and Qua I i t : I support the goa I of deve I op i ng a long range study and planning process regarding the county's valuable ground and surface water resources. Studying and planning for the impacts of existing and future Land use and waste treatment options is very important. While much has obviously already been done, the formal process outlines cannot begin too soon. It is important that both ground and surface water be considered together, because they are interrelated and to avoid the trap of protecting one at the expense of the other. It is also important to consider quantity as well as quality issues as the volume of water use continues to increase. Even with increased conservation, increasing population and commercial growth will require greater quantities of water in the future. Planning now will help insure a sustainable resources base. Much of the information needed for the study may just need to be gathered, compiled and evaluated. However, there may be areas in which important information is not known and has to be developed. For example, there may be little available information on some kinds of possible contamination of groundwater, pesticides for example, which may be necessary for evaluation of certain land uses or resource availability. The Board may have to be prepared to spend more funds over the long term for this important study and planning process if it is to be comprehensive. C. Equitable School Funding: I doubt if anyone can seriously object to the goal of "promoting fairness, effectiveness, and efficiency in the allocation to and use of resources by the two school systems." However, Susan and I have been increasingly distressed by the approach which has been taken to achieve "fairness ". There are many ways of viewing equity: equity of effort, equity of opportunity, equity of results, equity of present facilities, equity in meeting anticipated needs, and no doubt others. We are distressed that the Commissioners have focused on freezing and /or phasing out the special district tax, which Chapel HI I I/Carrboro has asked to be imposed on itself in order to help fund its schools. ..y Orange County Goals: March 1992 Page 3 It is, we believe, unwise to go into the budget cycle with a preset goal of no change in the CHCCS district tax rate". The goai in this area ould be to meet the real education needs of each district. What if adjusting the CHCCS district tax were the best option, or the only option of meeting real needs? Why is achieving an Orange County district tax, which could be slowly raised to meet the CHCCS district tax, not an option? It is hard to view this item, given the background in which it has been set, as really being about "equity ". D. Farmland Preservation Program: The state legislation allowing the creation of farmland preservation districts began in Orange County, in part because the pressure of development on farmland is acute in our county. It is past time that Orange County should have an active program of farmland preservation and the Commissioners should be commended for reviving and supporting the Agricultural Districts Advisory Board. While many purposes may be served by farmland preservation, the fundamental goal should be to save viable farming communities. The charge to address "farmlands visible from the road from major thoroughfares" confuses several issues. Farmland preservation is not greenway creation, open space preservation, provision of possible future recreational land, or entrance way beautification. For it to be farmland preservation, the land should be a part of viable rural farming communities. Experience elsewhere has shown that just saving farmland here or there does nothing to preserve farms. Farms are only viable as businesses- -which they must be in order to survive - -when they are near other farms, farm suppliers, equipment repair shops, markets, etc. Farms exist in a nexus, not in isolation. The NC statute wisely requires the creation of agricultural districts, so that farms are clustered in a way that makes survival possible. I urge the Board to proceed with helping to create agricultural districts which may preserve viable farms, and hence farmland. Some of the land so preserved Ma y also be useful, in the short and /or long run, as open space, wildlife corridors, watershed, etc. The Board should also consider other means of preserving land for other uses through zoning, easements, purchase, etc. Thank you for your consideration of these comments. i Sincerely, Allen Spalt .3- 9 -'A OLIVIA MILLER LUDINGTON ROUTE 5, Box 396 -B CHAPEL HILL, NORTH CAROLINA 27514 March 9, 1992 To the Orange County Board of Commissioners: I commend you for the goals you have set for 1992 -93, particularly those regarding water protection, i.e.: Watershed Protection - Goal: Implement state- mandated watershed protection standards and classifications; Optional Wastewater Treatment System - Goal: To develop a plan for the use and control of optional wastewater treatment systems which enables appropriate land development and protects the environment; 'dater Resource Quantity and Quality - Goal: Develop a long range study and planning process to identify and address the impacts of various land uses and waste treatment options on the quantity and quality of the ground and surface water resources of Orange County so that these impacts can be factored into the long term planning process. I am particularly pleased to see that you are concerned about quantity and quality of ground and surface water_ Because we have such sparse information in this field, there is a great deal of research which must be done. Although a long range study will require a good deal of staff time, it is a worthy project and one which can only benefit the residents of Orange County. These are laudable goals, especially in these days of increasing Political and economic pressure to disregard the environment. I urge you to adapt these goals as part of your FY 1992 ---93 County budget priorities. Thank you for your consideration. Livy Ludington - 'P& LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA March 9, 1992 Mr. Moses Carey, Jr., Chm, Orange County Commissioners Mrs. Alice M. Gordon Mr. Stephen H. Halkiotis Mrs. Verla C. Insko Dr. Don Willhoit The League of Women Voters of North Carolina asks the Orange County Commissioners to continue to support their strong Watershed Protection Ordinance and recommends that they establish a Water Resources Study Committee made up of representative citizens. We support your three Water Resources Protection and Development Goals but please enlarge on your Watershed Protection Goal - -to implement state - mandated watershed protection standards and classi- fications -- by stating that you support the strong Watershed Ordinance that you have in place for University and OWASA Water. The study done for OWASA supports this. he P - I'1' of The League of Women Voters of North Carolina is PREVENTION OF POLLUTION,therefore it is for stringent controls that protect the quality of current and potential drinking water supplies, including protection of watershed surface supplies and recharge areas for groundwater. Are you willing to set a goal of "no degradation of the quality of drinking water supplies "? It is important to have citizen participation in a Long Range Study Committee on the Quantity and Quality of Water Resources as it relates to both surface and groundwater supplies. This will give the public an opportunity to understand the problems as you commissioners continue to analyze the environmental impact of growth and development on the resources of Orange County. It will also develop for you a background of material for an intergrated approach of understanding the impacts of various activities on water quality for both groundwater and surface water. The information from the Water Resources Quantity and Quality Study Committee is needed as you work toward the Goal on Optional Wastewater Treatment System, the Goal of Expansion of Efland Sewer System and the Goal of Water and Sewer Services / Expansion. If you have developed a plan of Overall Water Use and Protection for Surface and Groundwater you will have a long - range plan in place when you are trying to assess environmental impact of various land uses and development. This will help you prevent problems instead of mitigating problems. It will be time and money well- spent. ` Margaret Holton, Director Water /Air -- Natural Resources 801 Oberlin Road Suite 325 Raleigh, N.C. 27605 919/839 -5532 y �e 1C, �tLEAGUE OF WOMEN VOTERS OF NORTH CAROLINA WAERSHED PROTECTION ALERT Feb. 3, 1992 from Margaret Holton, LWVNC Director Water /Air -- Natural Resources The League of Women Voters of North Carolina asks that the Environ- mental Management Commission(EMC) at its Feb. 13 meeting reject the proposed Water Supply WATERSHED PROTECTION RULES that weaken the minimum standards passed in December, 1990, particularly to reject the proposed density levels and impervious surface coverage requirements. The Watershed Studies in Orange and Durham Counties show that minimum standards need to be strengthened rather than be cut in half if North Carolina is serious about preventing pollution and minimizing degradation of water supplies. The POSITION of The League of Women Voters of North Carolina is PREVENTION OF POLLUTION, therefore for stringent controls that protect the quality of current and potential drinking water supplies, including protection of watershed surface supplies and recharge areas for groundwater. The above message was given to the Governor "s Office, Citizens Affairs Division - -Call 1 -800 -662 -7952 or Raleigh 733 -5017 to protest the revisions. A letter is being formulated to Charles Baker, Chairman, Environmental Management Comm, Division of Environmental Management, P.O. Box 29535,Raleigh,NC,27626. BACKGROUND The League of Women Voters of NC asked the Environmental Manage- ment Commission(EMC), and so did many local Leagues who spoke at Public Hearings across the state last fall, not to weaken the minimum protection rules that had been passed in December 1990. The proposed Watershed Protection Rules to fulfill the mandate of HB 156 are due to be voted on by EMC at their Feb. 13 meeting. These proposed revisions in general cut in half the protection standards. The most significant proposed revisions include; * Doubling the allowable housing density and impervious surface coverage in the watersheds. The hearing officers have recom- mended that up to 30% of "predominantly undeveloped" WSII watersheds be paved, up to 50% of "low to moderately developed" WSIII watersheds be paved and up to 70% of WSIV class paved. * Reducing the critical area adjacent to reservoirs and run of- the -river water supply intakes from 1 mile to h mile. * Moving the effective date of the rules from July 1992 to July 1994. * Exempting development planned or platted by July 1994. We support the following two changes: * Allowing local governments to grant minor variances for developments. * Allowing local governments to develop and jointly adopt a more protective, regional plan and to petition EMC to adopt the plan(including allowing split classifications within watershed). 801 Oberlin Road Suite 325 Raleigh, N.C. 27605 919/839 -5532 ENVIRONMENTAL HEALTH DIVISION P.O. Box 8181, 306C Revere Road ANIMAL CONTROL DIVISION P.O. Box 8181, 304 Revere Road Hillsborough, N.C. 27278 HILLSBOROUGH (919) 732.8181 0huge Gouhtg 94edth Depotmeht CHAPEL HILL (919) 967-9251 Daniel B. Reimer, MPH, Director r + fs n 17 sa x � :sa sa i� r b t a t e%`ee MEMORANDUM MEBANE (919) 227.2032 TO: Moses Cagey, Jr., Chair Board of Commissioners FROM: Philip Singer, MD, Chair�� Board of Health DATE: March 9, 1992 RE: Commissioners' Goals PERSONAL HEALTH DIVISION DENTAL HEALTH DIVISION P.O. Sox 8181, 300 W. Tryon St Hillsborough, N.C. 27278 DURHAM (919) 688.7333 1. Thank you for continuing to support the Optional Wastewater Treatment goal and for giving the Community Health Advocacy Program (CHAP) "honorable mention." 2. We wish to call your attention to the following issues: 2.1 The plan of action for the Optional Wastewater Treatment goal is becoming critical in order to prepare to meet the new state regulations which go into effect by July, 1992. 2.2 If the Monitoring and Maintenance Assurance (MAMA) Program and a management entity are not ready to be implemented in June, owners wishing to install a low pressure pipe system (LLP) in Orange County may have difficulty obtaining a permit for the lack of a management entity. 2.3 In approving several versions of the MAMA Program, the Board of Health has authorized the Health Department to be a management entity for selected systems. 2.4 Additional fee - supported manpower will be needed to accomplish the work. 2.5 However, the budget presented by the Health Director to the Board of Health did not contain a new position request for an Environmental Health Specialist because the program has not yet received your support. SOUTHERN ORANGE OFFICE: Carr Mill Mall, Suite 225. 100 N. Greensboro St, Carrboro, N.C. 27510, (919) 968.2022 MEMORANDUM Page 2 March 9, 1992 2.6 We call on you to review the Health Department proposal in March and would be willing to have a joint board meeting if it would facilitate moving forward. 3. The Commissioners' Goals package seems to focus on new initiatives and inter - departmental collaboration, both of which are worthy aims. 3.1 However, the Health Department did not receive its community health needs assessment data from the state in time to prepare its Community Diagnosis for the Board of Commissioners' retreat in December. 3.2 This process examines a variety of health indicators for different population groups within Orange County in comparison to their counterparts for the state as a whole. It ranks these problems taking into consideration the number of people affected by the problem, the seriousness of the problem, and the ability of available interventions to improve the problems. 3.3 The following priorities were approved by the Board of Health at its meeting of February 27, 1992: 1. Poor pregnancy outcome 2. High number of unplanned or unwanted pregnancies 3. Disparity between whites and non - whites in a variety of health indicators 4. Increasing number of communicable diseases including AIDS cases 5. Increasing use of alcohol and drugs which impacts a multitude of health problems 3.4 We would be happy to share the data and the methodology used to reach these priorities at a previously - mentioned joint meeting. 3.5 We ask that you keep your goals package open to considering new objectives that will arise from our further consideration of these problems. 3.6 Many of these problems are not unique to Orange County resulting in outside funding being made available both from state and private sources. e MEMORANDUM Page 3 March 9, 1992 3.7 In the absence of your adopting these goals, we will find it more difficult to take advantage of funding opportunities that come during the course of the year, which can not wait for your next retreat in December. 4. We want to cooperate with county -wide policies and processes for planning and budgeting. 4.1 Therefore, we passed up an opportunity to apply for an infant mortality grant because the Manager did not recommend it. 4.2 He felt that the other infant mortality reduction strategies, which he supported, should be given a chance to work before we adopted any additional ones. 4.3 He also pointed out that the Commissioners had received a previous community diagnosis but had not adopted any of its priorities as goals. 4.4 Finally, he offered to pass on the application to the Commissioners without his recommendation, but we decided not to pursue it without his support. 4.5 We understand and applaud his firmness in being guided by goals and objectives which you have collectively agreed upon. 4.6 This is all the more reason for us to ask you to consider our priorities as your goals during the course of the year. 5. We expect significant increases in Medicaid fee revenue and State contracts. 5.1 The consolidated contract between the County and the State binds us to an agreement that these funds will be used to expand the services in programs from which they were generated and will not be used to offset County allocations. 5.2 We would like to use these funds to expand services which will mitigate our high priority problems. 5.3 Your adopting our priorities as goals are needed in order for us to comply with your budget guidelines that no new positions will be considered unless the position advances one of the Commissioners' goals. PFPVWBWM 3/7A,z ......... It.."Of h0000' F P C--c� C— ,e In oF, ........... .... ...... L 3/9/9 ORDER OF SPEAKERS AT PUBLIC HEARING MARCH 9 1992 (/ Benny Cecil ✓y McAdoo avid Liner Anne Hadley V Buster Graham Alice McAdoo L Walter McDade L, Shirley Oakley V Sam English V--.,Warren Shanklin [� Larry Warren Lindsay Ef land 10433 \01 \L \010ORDER.SPE 3%9��.2 , �� Ar} "j'_•` ;.�.. iM:.. .:" �Yi ° ""''r`�w „•.o ^n^- ,t. ?.�qtt ",".�. 'bn•-i �,.. i ^.,,}.,,,. vv' ;% " �� ,i;r.!..v,'.••u�.'�"x�::., ? ;:u - Randall O. Fraser President i i i r American Television & Communications Corporation Raleigh- Durham Division 2505 Atlantic Avenue Raleigh, NC 27604 -1411 919 821 -7925 Cablevision is dedicated to providing our customers a consistently high level of service. We are committed to ensuring that our customers receive a variety of quality programming; reliable, clear pictures, prompt, and courteous service. To that end, we maintain the following standards for Customer Service. 1. Customer Service Center and Telephone Availability A Knowledgeable, qualified customer service representatives will be available to respond to customer telephone inquiries Monday through Friday during normal business hours. B. Telephone answer time by a customer service representative, including wait time, and the time required to transfer the call, should not exceed 30 seconds under nort;ta 1 operating conditions. C. our customers will receive a busy signal less than three percent of the total time that the Customer Service Center is open to service customers. D. Customer Service Center and statement payment locations will be open Monday through Friday during normal business hours. 2. Installations, Service Interruptions and Service Calls. A. Under normal conditions standard installations will be performed within seven business days after an order has been placed. "Standard” installations are up to 125 feet from the existing distribution system. B. We will respond to service interruptions promptly Providing entertainment and information choices. . . ft Page 2 and in no event later than 24 hours, excluding situations beyond control of the cable company. Other service work will be responded to within 36 hours during the normal work week. 3. Customer Communications, Statements and Refunds. A. Cablevision will provide information in each of the following areas at the time of connection and at any future time upon request: o Products and services offered o Prices and service options a Installation and service policies o How to use the cable service R. Statements will be clear, concise, and understandable. C. Refund checks will be issued promptly, but no later than the earlier of 45 days or the customers next billing cycle following the resolution of the request, and the return of any equipment supplied by Cablevision if service is discontinued. D. Customers will be notified a minimum of 30 days in advance of any price or channel change, provided the change is under the control of Cablevision. If you have any questions on our customer service practices, please feel free to contact me directly. ROF:mah 92 -vas ELSIE P. PICKE'PT 1902 WHITE PLAINS ROAD CHAPEL HILL. N. C. 27514 TELEPHONE NO. (919) 907 -4778 3/9/92 TO: ORANGE COUNTY BOARD OF COMMISSIONERS RE: CITIZEN'S COMMENT ON COMMISSIONERS' 1992 -3 GOALS & BUDGET PRIORITIES DEAR COMMISSIONERS: I WAS NOT ABLE TO ATTEND THE MARCH 9 PUBLIC HEARING ON ORANGE COUNTY COMMISSIONERS' GOADS FOR 1992 -93, BUT WOULD LIKE TO EXPRESS MY CONCERN ABOUT TWO OF THE PROPOSED GOALS: (1) EXPANSION OF THE EFLAND SEWER SYSTEM AND (2) WATER AND SEWER SERVICES. I-- IF THESE GOALS ARE PURSUED, ORANGE COUNTY WILL BE IN THE UTILITY BUSINESS IN A MAJOR WAY. AFTER UTILITY LINES ARE IN THE GROUND, THEY MUST BE MAINTAINED AND SERVICED. IS IT WISE IN TIGHT ECONOMIC TIMES TO TAKE ON THIS CONTINUING COMMITMENT TO DUPLICATE PERSONNEL AND FACILITIES ALREADY AVAILABLE IN THE COUNTY'S TWO EXISTING UTILITIES? EQUITY ISSUE? SINCE CONSIDERABLE COUNTY RESOURCES MUST BE ALLOCATED TO PROMOTE THESE PROJECTS IN NORTHERN ORANGE,HOW DO YOU PLAN TO BE FAIR TO SOUTHERN ORANGE TAXPAYERS? THERE ARE UNMET NEEDS IN THIS AREA OF THE COUNTY TOO. SOUTHERN ORANGE HAS WATER AND SEWER LINES THAT NEED RE- PLACING. THERE ARE FAILING SEPTIC TANKS WITHOUT ACCESS TO SEWER LINES AND THERE ARE MANY CITIZENS WHO CANNOT AFFORD TAP-ON FEES FOR EXISTING LINES. I AM VERY CONCERNED ABOUT THE COUNTY TAKING ON SUCH A MAJOR AND EXPENSIVE SERVICE WITHOUT CAREFUL STUDY. ACTION, IF ANY, SHOULD BE BASED ON A COMPREHENSIVE, WELL — DEFINED, ECONOMICALLY SOUND PLAN FOR THE ENTIRE COUNTY RATHER THAN ADDRESSING ONE OR TWO PROBLEM AREAS IN ONE PART OF THE COUNTY. THANK YOU FOR THE OPPORTUNITY TO COMMENT ON ONE OF OUR MANY COUNTY PROBLEMS DURING THESE DIFFICULT ECONOMIC TIMES FOR OUR LOCAL GOVERNMENT. SINCERELY, ELSIE P. 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Federal Assistance Page . . . . . . . . . . . . Pg. 1 2. Sponsorship Letter . . . . . . . . . . . . . . Pg. 2 3. Resolution . . . . . . . . . . . . . . . . . . Pg. 3 4. Certificate of Recording Officer . . . . Pg. 4 5. State Clearinghouse and Division on Aging . . . Pg. 5 -6 6. Part Ii, Budget Information . . . . . . . . . . Pg. 7 7. Budget Justification . . . . . . . . . . . . . Pg. 7A -7J 8. Part III, Project Narrative . . . . . . . . . . Pg. 8 Sec. A- Background Information . . . . . . . . . Pg. 8 Sec. B- Project Management . . . . . . . . . . . Pg. 8A -8C Sec. C- Community Involvement . . . . . . . . . Pg. 8D 9. Auditor's Report . . . . . . . . . . . . . . . Pg. 9 -9A 10. Board of Directors . . . . . . . . . . . . . . Pg. 10 11. Project Director's Resume . . . . . . . . . . . Pg. 11 -IIA 12. Project Director's Job Description Pg. 12 13. Memorandum of Understanding . . . . . . . Pg. 13 -13A 14. volunteer Stations . . . . . . . . . . . . . Pg. 14 -14H 15. Advisory Council Members and Affiliations . . . Pg. 15 16. Advisory Council Project Evaluation . . . . . . Pg. 16 -16H 17. Project Work Plan (Goals and Objectives) . . . Pg. 17 -175 18. Assurances . . . . . . . . . . . . . . . Pg. 18 19. Certifications . . . . . . . . . . Pg. 19 -19A A. Debarment, Suspension, and Other Responsibility Matters B. Drug -Free Workplace Requirements C. Lobbying 4 L F_ L .nnr r^ATrr%Lr r ^n PART1 a OMBAdproril No. d3b114m HrrL1�.r► l turn run : DATESUaMITTEO Applicant Identifier FEDERAL ASSISTANCE 02 -21 -92 NONE 1. TYPE OF SUBMISSION., & DATE RECEIVED BY STATE. State Application Identifier AppGratJan Prtrapp(it�ldn ❑ Construction. ❑ Consttuodon 4. DATEREOF[VED BY FEDERAL AGENCY Federal Identifier ❑ Non-Canstrucdon ❑ Nen•Constrttcdon 5 APPUCANT INFORMATION Legal Name: ORA M CQNTY Organizational Unit COI141rY GOVERNMENT Address (give dry, country, stare, and zip cedes: Name and telephone number of the person to be contacted an matters Orange County involving this application (give area code): P.O_ Hox 8181 Kathy Mangum, RSVP Director Hillsborough, NC 27278 (919) 968 -6060 6. EMPLOYER IDENTIRCATION NUMBER (EIN) -7 TYPE OF APPLICANT: (eater apprapni&S loner in box) S 6 — 6 1 0 1 0 0 3 1 2 1 7 A. Size H. Independent School District B. County I. State Controlled Ins:idnion of Higher Learning C. Municipal J. Private University D. Township K. Indian Trioe a TYPE OF APPLICATION: ❑ New Cominuanon ❑ Revision E. Interstate L Individual It Revision, enter appropriate latter(s) in bax(es): Q F. Irdermunicipai M_ Profit Organization G_ Special District N. Other (Specify): A. In=ase Award 3. Decease Award C. Increase Duration D. Decrease Duration Other (speafy): 9. NAME OFFEDERALAGENCY: ACTION id. CATALOG NCENU NUMBER: DOMESTIC r ASSISTANCE NUMBER: '] 2 0 0 2 It DESCR1PTIVETIT LEOFAPPUCANTSPR=CT. The O.C. Retired Senior Voluntsier Progr m provides for individ als EO & -1 ._. RETIR® SENIOR VOLUNTEER PROGRAM the rncc m;ty to serve the cam=ties ncnr :rcfi a?er1Cies thr ut h meanirY�1_f7 �7 and reaardirg volunteer pla its. Pl - xzraits are b5-d Cn the volunteer's ' ~ FF. A. SAFP' cC" c] BYPROUEC7 {c:tles,rurr(7es.s>eres. =rc.j: Hillsborough, Chapel Hill, C�1��r Q��t mtp�`'tSr did the i� of the naxrboxo Orange County, North Carolina agercies. [�nCies are r�uire2 to ati -nit aetaild jcb des=ipticns of each assigm-Ent. i2 PRCPOSED PRCJECT: I ;a. CONGRESSIONAL DISTRICTS OF: Reqi5n Iv Start Date Encing Date a. Applicant b. Project 07 -01 -92 06-30 -93 Fourth Fourth :5. _5 TIMATED FUNDING: 14 IS APPLICAMN SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12272 PROcss.37 a. YES. THIS PREAPPLICATION /APPLICATION WAS MADE AVAILABLE TO THE a' ederal $ 37,515 •00 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: b. Applicant S ,DO 35,645 DATE c. State S .00 __0_ b_ NO. ❑ PROGRAM IS NOT COVERED BY E 0. 12372 d. Local S .DD 13,177 ❑ OR PROGRAM HAS NOT SEET4 SELECTED BY STATE FOR REVIEW e. Other S DO f. Program Income S .AQ 17. t5 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? C3 Yes If 'Yes; attach an explanation. EX No g. TOTAL $ ,DO 86,337 t8. TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPUCAT1ON/PREAPPUCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THEAPPUCANTAND THE APPLICANT WILL COMPLY WITH THE ATTACNED ASSURANCES IFTHE ASSISTANCE IS AWARDED a. Typed Name of Authorized Representative b Title a Telephone Number Moses �Cr?±;:i. (919) - 732 -0181 _ F Eilrarige -.eo. 2125 d Sign f Audx=ed Rep e. Date Signed 91 9 '03 -10-92 rage i aurKarn I aan *WA (NW. 4.68) I- rvraww Cp OMB 09r A-1 Q2 1. Jerry M. Passmore Dircctor ORANGE COUNTY DEPARTMENT ON AGING 300 West Tryon Street • Post Office Box 8181 February 21, 1992 Hillsborough, N.C. 27278 FAX: (919) 644 -3005 Mr. Robert Winston ACTION State Office Federal Building -PO Century Station 300 Fayetteville Street Mall -Room 131 Raleigh, NC 27601 Dear Mr. We are very pleased to continue sponsorship of the Orange County RSVP under the Department on Aging. The Orange County Commissioners will pass a resolution on March 9, 1992 indicating their formal approval of the application. The draft proposal of $36,993 from ACTION for the Orange County RSVP is enclosed. It covers the period July 1, 1992 through June 30, 1993. After you review and comment, the official signed application will be forthcoming before the April 1st deadline. We look forward to working with you on this important volunteer service benefiting older residents of Orange County and the agencies they serve. Sincerely, Jerr M. Passmore, Director Orange ounty Department on Aging JMP /km cc: Kathy Mangum, Director, RSVP FN:RPGRANT\RPAPLET.DOC pa 732 - 9361 -- Hillsborough 967 -9251— Chapel Hill 688- 7333 — Durham 227- 2032 -- Mebane Ll A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) BE IT RESOLVED by the Commissioners of Orange County that the Commissioners authorize the County Manager to submit an application-to ACTION for a $36,993 grant for continuation of the Retired Senior Volunteer Program for twelve months and to certify to the federal government the willingness of the County to assure a minimum of 30% in cash, goods, and services as the non -- federal share in support of the program. This is the Nineth day of March, 1992. 0 3. I-] C • CERTIFICATE OF RECORDING OFFICER The - undersigned duly qualified and Clerk of the Orange County Board of Commissioners does hereby certify: That the attached resolution is a true and correct copy of the resolution to authorize the County Manager to submit an application to ACTION for a $37,515 grant for continuation of the Retired Senior Volunteer Program for Twelve months and to assure minimum support of this program of 30% in cash, goods, and services, and further, that such resolution has been fully recorded in the journal of proceedings and recorded in my office. IN WHITNESS WHEREOF, I have hereunto set my hand this 9th day of March, 1992. ORANGE COUNTY BOARD OF COMMISSIONERS . BY: 1�;2 Beverly AO Blythe, Clerk • 4. 0 I* • �.+STw'I�v North Carolina Department of Human Resources Division of Aging 693 Palmer Drive • Raleigh, NC 27603 0 State Courier 56 -20 -02 (919) 733 -3983 James G. Martin, Governor Al Boyles, Assistant Sec. for Aging David T. Flaherty, Secretary ._ March 13, 1992 Bonnie M. Cramer, Director_ Fax Number (919) 733 -0443 -..._ Mr. Robert Winston State ACTION Office Federal Building - -P. O. Century Station 300 Fayetteville Street Mall, Room 131 Raleigh, NC 27601 Dear Mr_ Winston: The North Carolina Division of Aging is pleased to offer this letter of endorsement for the RSVP continuation application submitted by the Orange County Department of Aging for the period Of July 1, 1992, through June 30, 1993. The program provides volunteer opportunities for retired senior adults enabling them to use their skills and experience in serving others. Their efforts should be commended, and we look forward to your favorable response to their request. Sincerely, r,. Bonnie M. Cramer BMC /MAP /ssa cc: Mary Bethel ry Ann Freddy athy Mangum a • NORTH CAROLINA SIOE 'CLEARINGHOUSE FM208 DEPARTMENT OF. ADMINISTRATION 116 WEST'JONES STREET RALEIGH NORTH CAROLINA 27611 q -25 -92 INTERGOVERNMENTAL REVIEW COMMENTS MAILED TO FROM ORANGE COUNTY MRS. CHRYS BAGGETT KATHY MANGUM DIRECTOR PO BOX 8181 N C STATE CLEARINGHOUSE HILLSBOROUGH NC 27278 PROJECT'DESCRIPTION RETIRED SENIOR VOLUNTEER PROGRAM -= PROVIDE OPPORTUNITIES FOR SENIOR CITIZENS TO SERVE THE COMMUNITIES THROUGH VOLUNTEER WORK SAI NO. 92CO0000623 4?.-,FDA NO.- 72002 THE ABOVE PROJECT HAS BEEN SUBMITTED TO THE NORTH CAROLINA NTERGOVERNMENTAL REVIEW PROCESS. AS A RESULT OF-THE REVIEW THE FOLLOWING IS SUBMITTED ( X) NO COMMENTS WERE RECEIVED ( 7 COMMENTS ATTACHED WHICH CONSTITUTE THE STATE PROCESS RECOMMENDATION SHOULD YOU HAVE ANY QUESTIONS PLEASE CALL THIS OFFICE (9191 733 -0499. THESE COMMENTS ARE VALID UNTIL 03 -25 -93 FOR THIS REVIEW. IF THE PROJECT IS SUBMITTED FOR FUNDING AFTER THIS DATE, PLEASE RESUBMIT FOR REVIEW. C.C. REGION J 0 6. PART I I -BUDGET VOLUNTEER SUPPORT EXPENSES a. GRANTM PERSONNEL ED�7LNsFS Position Tide (1) Annual Salary (2) % Time Scent on (3) Total Cost (4) ederal Funds Requested (5) Non-Federal Resources (6) Excess - Resources Project Dire-_t= Assistant: Project Director Clerical./Thta Entry Aide (16 hrs /wk) FSVP F -mi.ly Lite -ray c=rdinatcr (2) hrs /wlc) 25,600 19,342 4,992 91360 100 100 100 100 25,600 19,342 4,992 9,360 10,767 8,179 -0- 6 , 950 S 7,189 6,133 -0- -0- S 7,644 5 , 030 4,992 2,410 ioT.�[.PrRsoNYEi 4 YSEj (5 59,294 1 100 7�5 '59,294 IS 25,896 IS13,322 I5 20,076 b. FRNE GE 3ENE^ M 1 13,633 1 3,939 2 , 556 1 7,138 c. M Gc"ZAN= STAF? OCAL. TRAVEL 1 800 1 I 1 800 c. (2) GRA_,N �� S T A F LONG OIS TAINiCy' iZAVEL -702 I I 702 d. EOUIPMENT I I I I e. S � JPPr = S 1 X00 19 281 '. CONTR. =�CTL? a r SERV-rCL= 1 I 1 I P. OT Z- Dues, Par; Cdicals I 240 1 240 Commuriczaens Pcscace, ?hone 1 1,290 1 200 1 1 1,090 rQ ! 700 1 300 1 I 7\ Q L-R:- C`I' CCS -3 I i. TOT,�L VOLUNTEER 5UPPORT 76,959 IS 30,354 I.5 15,378 ie 30,727.00 (2 ti0LUL+TEER EYPE`iSES ?ERE 0NLFE-'_ E: HNSES scmeads I I I - - ................ -- - - - --- : ... :>::.>:>:.>::.>::-:;-> :::::•:-:.:.:::->::<:-: :::- ::::- ::- ::.»:- :.:.>- :::.> .rras :::::: :: Y'`: > ": : is.....�..�..... :::..:: »:::::::.... . ....:.::: •: :.�:..:::;::: ::::.�•..•.- -..::: >' .... •v... '.., .• ., ... ... .., T� . ......... .�; :: �. •. v.' - - - -- - - - - -- - - - = --------- -- -- -- - ::. p :';•yf's ^ ?:iii?' ?`i>' i >` >iiS i =? =. ::- . ?`:: i .;i;!> E i 5i - b GE 3E,r'TS 1 I 1 mcais 1 80 I I 80 _C., I I I I Uniforms I I I I Insurance I 1,226 979 1 1 247 Recoenidon I 5,212 1 3,322 1 1 1,890 Other. I I I 1 C. TR.k VET, 1 2,860 1 2,860 1 LkA ... .......... I I I I I . TOTAL VOLUNTEER EXPENSES IS 9,378 IS 7 S S 2,217 L TOTAL COSTS S a �S 37,515 S 15 878 !S 2,944 (3) PERCENTAGES 100TO 70% 30% 1 kcnoN FORM 4Z4-AA (lom) Page 2 odidta F==bed by Ob185C== A-1 02 7. RSVP BULGET JUSTIFICATION EXHIBIT IV Name Orange Count RSVP Number of Volunteers 493 Number of Hours 58,630 Excess Local LINE /ITEM JUSTIFICATION Total Cost Federal Non - Federal Support 1. Volunteer Support Expenses A. Grantee Personnel Expenses Position Project Director Annual Salary 25,600 25,600 10,767 7,189 7,644 7 Time on ACTION Grant 100 Salary Charged to Grant .42 Total Fringe Benefits _ 6,672 Position Asst. Project Director Annual Salary $19,342 19,342 8,179 6,133 5,030 % Time on ACTION Grant 100 Salary Charged to Grant .42 Total Fringe Benefits 5,863 Part -time . Position Clerical Data Entry Aide Annual Salary 4,992 4,992 -0- -0- 4,992 % Time on ACTION Grant 100 Total Fringe Benefits 382 ($6.00 X 16 hr /wk X 52 vks) TOTAL PERSONNEL EXPENSE SEE NEXT PACE 7 —A. RSVP BULGET JUSTIFICATION EXHIBIT IV Name LINE /ITEM JUSTIFICATION 1. Volunteer Support Expenses A. Grantee Personnel Expenses Part—time Position y,iter-acy _Qogr. Annual Salary 9,360 Time on ACTION Grant 100 Salary Charged to Grant .74 Total Fringe Benefits 716 ($9.00 X 20 hrs /vk X 52 vks) Position Annual Salary 7 Time on ACTION Grant Salary Charged to Grant Total Fringe Benefits Position Annual Salary % Time on ACTION Grant Total Fringe Benefits TOTAL PERSONNEL EXPENSE c: Number of Volunteers Number of Hours Excess Local Total Cost I Federal I Non -- Federal I Support 59,294 25,896 1 13,322 2,410 20,076 7--8. LJ 7 -. Excess Local LINE /ITEM JUSTIFICATION Total Cost Federal Non - Federal Support B. Fringe Benefits Please complete the attached work- sheets for each person who is charged to your grant and who is eligible for fringe benefits. If a person is part =time and not eligible, please list the position and indicate they are not eligible. Please list below your agency fringe benefits rates and then complete the worksheets. Agency Fringe Benefits FICA .O 65 % Unemployment _ 7, Retirement .0494 % Health Insurance _1258 % Life Insurance _0030 % Workmen's Compensation — % Dental .0059 Total Percentage of Fringe Benefits .2606 % FICA % .0765 X Total Applicable Wages 25600 = 1,958 Dental Inaur. t % .0059 X Tutal Applicable Wages 25600 M 150 Retirement % .0494 X Total Applicable Wages 25600 = 1,265 Health Insurance % .1258 X Total Applicable Wages 25600 = 3,221 Life Insurance % .0030 X Total Applicable Wages 25600 X 78 Workmen's Compensation % X Total Applicable Wages - TOTAL FRINGE BENEFITS 6,672 1,969 1,278 3,425 LJ 7 -. qW 7—D. Excess Local LINE /ITEM JUSTIFICATION Total Cost Federal Non - Federal Support B. Fringe Benefits Please complete the attached work- sheets for each person who is charged to your grant and who is eligible for fringe benefits. If a person is'part -time and not eligible, please list the position and indicate they are not eligible. Please list below your agency fringe benefits rates and then complete the worksheets. Agency Fringe Benefits FICA .0765 7 Unemployment - % Retirement .0494 % Health Insurance _1665 Llfe Insurance _0029 % Workmen's Compensation - % Dental .0078 Total Percentage of Fringe Benefits .3031 7 FICA .0765 X Total Applicable Wages 19342 = 1,480 - Dental Insur. T,r % .0078 X Tutal Applicable Wages 19342 150 Retirement % .0494 X Total Applicable Wages 19342 - 955 Health Insurance % .1665 X Total Applicable Wages 19342 = 3�o221 _ Life Insurance % .0029 X Total Applicable Wages 19342 X 57 Workmen's Compensation % X Total Applicable Wages = TOTAL FRINGE BENEFITS 5,863 1,970 1,278 2,615 qW 7—D. 7 —E_ Excess Local LINE /ITEM JUSTIFICATION Total Cost Federal Non - Federal Support B. Fringe Benefits Please complete the attached work- sheets for each person who is charged to your grant and who is eligible for fringe benefits. If a person is:part -time and not eligible, please list the position and indicate they are not eligible. Please list below your agency fringe benefits rates and then complete the worksheets. Agency Fringe Benefits FICA _0765, % Unemployment % Retirement % Health Insurance % Llfe Insurance % Workmen's Compensation % Total Percentage of Fringe Benefits .0765 % FICA % .0765 X Total Applicable Wages 4,992 = 382 Unemployment % X Tutal Applicable Wages = Retirement % X Total Applicable Wages = Health Insurance % X Total Applicable Wages = Life Insurance % X Total Applicable Wages X Workmen's Compensation % X Total Applicable Wages = Clerical Data Entry Aide TOTAL FRINGE BENEFITS 382 382 7 —E_ LINE /ITEM JUSTIFICATION is B. Fringe_ Benefits Please complete the attached work- sheets for each person who is charged to your grant and who is eligible for fringe benefits. If a person is part= -time and not eligible, please list the position and indicate they are not eligible. Please list below your agency fringe benefits rates and then complete the worksheets. Agency Fringe Benefits FICA .0765 % Unemployment % Retirement % Health Insurance % Llfe Insurance % Workmen's Compensation % Total Percentage of Fringe Benefits .0765 % FICA % .0765 X Total Applicable Wages _9,360 = 716 Unemployment % X Tutal Applicable Wages Retirement % X Total Applicable Wages - Health Insurance % X Total Applicable Wages - Life Insurance % X Total Applicable Wages X Workmen's Compensation % X Total Applicable Wages - RSVP Family Literacy Coordinator Excess Local Total Cost I Federal I Non - Federal I Sunoort TOTAL FRINGE BENEFITS 1 716 716 7 -F. —,V. LUl V-1 . 1. 11,c LVci -LLJLV 9xcess Local Total Cost I Federal I Non— Federall Suvvort 1. Grantee Staff Local Travel r. Grantee Reimbursement rate is 22.5 P mile Position project Director 148 Miles per month x 12 months = 4O0 400 Position Asst. Director 74 Miles per month x 12 months = 200 200 Literacy Coor: 74 Miles r month X 12 months = 200 200 TOTAL GRANTEE STAFF LOCAL TRAVEL 800 rf I] 11 2. Grantee Staff Lon Distance Travel Regional OAVP Conference (RSVP Director) Airfare from Ralei h NC to Tampa Fla day /food x 3 days 2$2 night /lodging x 2 nights$75 /day 150. Taxi /limo. trips x 2 trip $25 457 457. State OAVP Conference (RSVP Directors) Airfare CAR 200 mis X .2255 = $45 day /food x 3 days night /lodging x 2 nightsX 2 staff= $200 245 245 Tzxi /limo. ** State OAVP Conference (Program Assistant) ** NCVA Conference (RSVP Directors) ** Others Total Grantee Staff Long Distance Travel 3. Equipment Po 702 702 7--G. 1-,.3vr ou1_JLq 1 �uJlltllrallUN �►. AL CONTRACTUAL SERVICE 6. Other Dues and Periodicals Communication Telephone - based on previous year Postage - based on previous year Printing Based on previous year Duplicating Space Based on previous year - value per mont x 12 months TOTAL OTHERS 7. INDIRECT COST T AL VOLUNTEER SUPPORT EXPENSE Excess Local Total Cost Federal Non — Federal Su ort 100 19 81 100 100 100 100 0.1.1 240 690 600 200 600 300 100 2,230 ffil 0 30,354 1 15,878 281 t1 1,730 1,730 7 -H. Supplies Position RSVP Director 100% time Position Asst. Director 100% time Position RSVP Literacy Coor. 100% time ** Additional supplies needed for project operation TOTAL, SUPPLIES 5. Contractual Service Maintenance Agreement - typewriter Maintenance Agreement AL CONTRACTUAL SERVICE 6. Other Dues and Periodicals Communication Telephone - based on previous year Postage - based on previous year Printing Based on previous year Duplicating Space Based on previous year - value per mont x 12 months TOTAL OTHERS 7. INDIRECT COST T AL VOLUNTEER SUPPORT EXPENSE Excess Local Total Cost Federal Non — Federal Su ort 100 19 81 100 100 100 100 0.1.1 240 690 600 200 600 300 100 2,230 ffil 0 30,354 1 15,878 281 t1 1,730 1,730 7 -H. RSVP - Cost's for orientation of RSVP volunteers.to ACTION, RSVP and sponsorin agency; you may budget up to a maximum of $100.00. Specify how cost calculated Training costs are not allowable for RSV. Total other costs - includes communica- tions, printing, space, orientation Total indirect costs (Please attach copy of negotiated indirect cost agreement). Base x IDC% Total Volunteer Support Expenses VSYs x = Total stipends Fringe benefits - RSVP Meals - Read chapter 8 of Program Handbook 1 vols. x 4 meals /month x average cost per meal x 12 months =� Other method of calculation: Total. Meals * Please attach additional sheet giving specific breakdown for each item, i.e., communications, printing, space, etc. • Total Cost a Federal Non -- Federal Excess Local Support 8 80 80 80 7 -I. l� 16 RSVP 3UDGZ7 i USTI FICATION 0 Excess Local Total Cost Federal Non — Federal Support Insurance: Accident — 493 vols. x $1.25 = 6125 Liability — vols. x 40C = 197 -20 Excess Auto Liability — 150' vols. x $2.73 407 _oo - 1226 979 247 Accident and liability insurance must be figured for all volunteers. Excess auto liability is only for those volunteers who drive their own vehicle to and from the site Total Insurance 1226 979 247 Recognition: Chapter 8, page 49. RSVP — $5.00 per volunteer 493 vols. x 10.57 per volunteer = 5212 3322 1890 . 5212 Total Recognition 5212 3322 ].890 Travel: Read chapter 8 of Program Handbook. Include cost of bus /van driver, operational costs for bus /van, transportation services Which are contracted, ecc. Please include detailed explanation of how your travel cast is calculated. BUS 2860 2860 3 voLs X 2.05 X 12 rm = $74 2860 28W To cal Tr av e 1 -�b VoLs X25niLX .225 X 12 =$M25 6 vols X.47 mis X .225 X 12=$761 9378, 7161 —0— 2217 Total Volunteer Expenses Total Direct Costs Total Costs 86337 36515 15878 32r944 Percentage 100% 43% 18% 39% . 1 7-7. Part III. PROJECT NARRATIVE SECTION A— BACKGROUND INFORMATION 1. (New Applications Only)--Briefly describe in general r -_rms the applicant organization's purpose and major program activities, and identify the largest unit of state/local government or non - profit organization with which the applicant is affiliated. EXAMPLE: The Millwood Bureau of Aging is a subdivision of the Millwood County Human Resources Administration. The Bureau's major functions are to provide coordination and technical assistance to other public and private agencies dealing with aging problems, to act as clearinghouse for information on aging services within the community, and to administer the Title III Nutrition Grant. Brief Description: 2. (New Applications Only�—When was your organization established? 3. (All Applications) If private nonprofit corporation, total financial resources of applicant: Current Annual Funding Level $ 497, 525 Source of Funds: Dollar Amount: Name of a ency(ies): Federal $141,407 AGTICN RM MAW AND TITLE III State Local Government Other (Specify) 0 286,118 cxange Cb. $272,942-0-apa Hill $12,277- QRTbciro 5900 $ 70,000 _ _ (Fees) Are any of your resources presently provided by ACTION? yes - $36,993 Will there be a major change in your funding level over the next twelve months? If so, please explain: 4. (New Applications Only) Please attach to the application copies of the following documents as indicated below: If private non -profit organization: • Copy of Articles of Incorporation. • Certification by a CPA or Public Accountant (dated within the last six months) that the applicant's accounting system is capable of accurately accounting for and safeguarding federal funds. See attached Deloitte & Touche Report (gages 9, 9-A) 8. C� • SECTION B- PROJECT MANAGEMENT a. A chart showing all major organizational components of the sponsoring organization. Include the proposed project staff and its reporting relationship to the sponsoring organization. Show how the proposed Advisory Council will function independently of the sponsor's Board of Directors. b. A list of the .current Board of Directors showing name, address, and organizational or community affiliation. c. The current resume of the Director of the sponsoring agency or the project director if nominated and the . job description of the project director. 2. (Renewal Applications Only- Attach the following documents ONLY )F there have been changes since they were last submitted. (Please check appropriate box). a. Sponsor's organizational chart b. Board of Directors (see P9. 10) c. Project Director's current resumd and job description Not Attached (No Change) Attached ❑ 7 p�. 11, 11 -A, 12) 3. a. (New Applications O Yescnbe plans for the daily supervision of volunteers. (Do not give names of persons). b. (Renewal Applications Only�—Describe plans for daily supervision of volunteers ONLY IF there has been a change since previous submission. Check box if no change. 0 $-A. 8-B. 6. (New Applications Only�—How would your proposed project fill a specific need, one not being addressed by other organizations? Clearly identify the proposed service area(s) in geographic terms, i.e., city, town, county, etc. Include information on appropriate senior population of project's service area. For FGP, also include population information on children with special and exceptional needs. 7. a. (New Applications Only} —List the names of public agencies and private nonprofit organizations which have expressed a willingness to utilize volunteer assistance. Attach a sample Memorandum of Under - standing. b. (Renewal Applications Only�—Attach a sample Memorandum of Understanding. Attach a list of volunteer stations, specifying: (See pg. 13, 13-A) (See pg. 14 - 14-9) • Name and address of station (identify with an asterisk all proprietary health -care facilities). • Type of station (e.g., school, hospital, etc.) • Number of volunteers assigned • Brief description of volunteer services provided in each station. • Date when Memorandum of Understanding was last reviewed and signed with each station. • (FGP /SCP Only) Type(s) and, number of special needs of children/adults served in each station. 8--C. SECTION C--COMMUNITY INVOLVEMENT 1. (New Applications Only�—Attach three letters of support referencing knowledge of and support for proposed project. 2. (New Applications Only- Describe how potential volunteers, or persons to be served, or their representa- tives, were involved in the development of this application. 3. a. (New Applications Only) -- Specify your plan for establishing the project's Advisory Council. Member- ship should reflect the population characteristics of the project service area and include volunteers, persons served or their surrogates, representatives from ethnic and minority communities, the handicapped, and community leaders. b. (Renewal Applications Only) -- Attach a list of current members of the Advisory Council showing their organizational or community affiliation. (See pg _ 15 ) 4. a. (New Applications Only)— Describe sponsor's plan for regular appraisal by the Advisory Council of project management and the progress in meeting the project's goals and objectives. b. (Renewal Applications Only}— Attach a copy of current Advisory Council project evaluation. (See Pg. 16 - 16-H.) $-D. C� I I Deloitte & buche /\ Suite 1800, First Union Capitol Center Telephone: (919) 546 -8000 150 Fayetteville Street Mall Facsimile: (919) 833 -3276 P.O. Box 2778 Telex: 4995716 Raleigh, North Carolina 27602 -2778 INDEPENDENT AUDITORS' REPORT ON SCHEDULE OF FINANCIAL ASSISTANCE The Board of County Commissioners Orange County, North Carolina we have audited the general purpose financial statements North Carolina, for the year ended June 30, 1991, and ha thereon dated September 13, 1991. These general purpose are the responsibility of Orange County, North Carolina, responsibility is to express an opinion on these general statements based on our audit. of Orange County, ve issued our report financial statements management. Our purpose financial We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial state- ments are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Our audit was made for the purpose of forming an opinion on the general purpose financial statements of Orange County, North Carolina, taken as a whole. The accompanying schedule of financial assistance for the year ended June 30, 1991, which is also the responsibility of the management of Orange County, North Carolina, is presented for purposes of additional analysis and is not a required part of the general purpose financial statements. The information in that schedule has been subjected to the auditing procedures applied in our audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. September 13, 1991 Member w "T Urge I International (See Pg. 8. #4) 9. v q i.I M C 0 u N V 7 v c Y x W q e m a u O N � u '•` N C O V Y a �+ c a « Y H C a i a a A t e C w N L C a a 0 4 K L O1 9 O L L q d F K q L L K y a a a a u � N .p � O O M Y • C 4O f Y u N m « Y y « Vf M N Pf q L O Y N O a M N Ip J O O N Y C w � f M ••F N N M N ey CID N O O Ml N ■ b L P e 4 L Y « J - O 0 C V L h 7 v q a Y T V Q M ■ C C L T V P « ■ e u •+ L de L G P ar e V V + V P N p cc 4 00 N p co n A N N m O O �_ 47 1fi •r f O K! u•� n 4] In O CD ■ « i Y w w n f N O b N n n Ip N .+ CD A .O r 19 Pf m K! Y1 n N Y'f n 4Y n P N 1A OI b W L9 w • vI .O Iti r 41 Lo 1•f W1 4� N O O �+ Q G I O G u C I O W m O O O K! Its u ++ 4] In O « r L ■ « i Y w w n M w m n d Q T N rtl In f n 11 e•� N a pI a m � m IC — n O 1C. .O A Y w Ip .tl b N � � f r nNw N N O A K1 N O 1 O O O o C o c o 0 0 0 0 O Yl 1L1 K h N N N N � u r • i u N ■ I O Q G I O K. u C I O W m w « O V q N 4n u ++ « c � c I « r L ■ « i Y �+ c O t L Y i V q ■ N Y 7 6 6 K Q O V O } p P P Y Y « G • } T T q T Lf Y N « L O r Y 2 x 0 0 R« M • N W s s ■ Y aT a J O T q! m O m O a« L O �. ■ T P u c e e t■ u e e o 0 0 r o r � V ■ 4 « « « v L V V V Y v q .+ Y Y Y Y N c■ �•1 = N N N M q in Y D C 6 _L O P'f O Y7 N n In n A 1p A n N n O N O • f n O f N N 01 m O Y &n Q 1n O P M K. w P : N v O m m A en a N 4n �O O1 � O N N O OI M/ CO IA w w = N N N � N Ch n O n N 1 1 N N M a M r Y N �+ O N O r w n O v N N Or O, O V In O In W O Mi l•1 In In CI N m O O a A en a N m w M � O N N O OI O f IA O In CO O N � N Ch m m e. n M Pl M N M V M Y Mf n n A A n N Ip Ip .p Ip w 1n p IO .D .O IC. r � V ■ O O. 0I C. OI aI d t c C . q N � L V 0 P a y � r } N e t9 L � a O N � S V « C M C O Y b c ■ a •J « 2 t r � V ■ P C w K L ■ V V n q ■ « G a a M 4 u C n a Y a v � i C C V 7 a V! O tI q Mv � a e q V o ■ O 0 i 4 C q w M C F Y L C •+ D P 24 V L O L e Y ■ i M V 4 c •+ 1, V ■ d V 1. F L W P q I i e q N v r a u q Y ■ O � T o a Y tl Cy • a ,n d I ■ C C L a T t9 C L V « C M L M Y C r � V ■ P C w K T L1 a n « u N L 4 V 7 a tI q v a m Y i V Y i c O C 11 21, a V y « L H V N i e q N v r a u L V e T o a Y 9-A. L O V M v L o h 4 0 41C IL Y C Y C O u N • • ORANGE COUNTY BOARD OF COMMISSIONER Moses Carey, Jr., Chairman (1988 -92) 344 Warren Way Chapel Hill, NC 27516 Home: 929 -8513 Work: 942 -8741 Alice M. Gordon (1990 -94) 282 Edgewood Drive Chapel Hill, NC 27514 Home: 967 -3823 Stephen Halkiotis, Vice Chair (1990 -94) Board of Commissioners 500 High School Road Hillsborough, NC 27278 Work: 732 -3017 Verla C. Insko (1990 -94) 610 Surry Road Chapel hill, NC 27514 Home: 967 -3957 Work: 966 -6876 Don W:.11hoit (1988 -92) 203 Lexington Road Chapel Hill, NC 27516 Home: 942 -2571 Work: 962 -5507 County Manager: John M. Link P.O. Box 8181 Hillsborough, NC 27278 (See pg. 8-A, 2.b.) 10. • • EXPERIENCE 11 /85- present 9/85 -11/85 1/85 -8/85 Li:{+ .1: ter_ ;:an_ 4607 Brooklane Drive Durham, NC 27712 919/477 -2699 RSVP ASSITANT DIRECTOR Z. Attachment 2. pg 1. ORANGE COUNTY RSVP (Department of Aging), Chapel Hill, NC Assist director administering Retired Senior Volunteer Program. Duties: recruitment of senior volunteers; develop rewarding volunteer assignments; management of financial /statistical re- cords and preparation of reports for local /federal governments, Publicize volunteer opportunities; maintain good working rela- tionship with Advisory Council, staff and workers. Record minutes for Advisory Council; provide clerical /receptionist support; assist in planning, organizing and recognition of volunteers. Strong oral /written communications skills. Secretary, $URROUGQSS WEL(X)M, Drug Regulatory Dept., RTP, NC Temporary assignment through Kelly Services. Secretary /Receptionist, MORRIS COMMUNICATIONS, INC., Greenville, SC � Received /assisted customers with appropriate purchasing infor- mation in sales office. Also secretary to President and Vice President. Records management, data entry and provided clerical support. 9/84 -1/85 Secretary, MONSANTO COMPANY, Greenville, SC Performed duties in a six person office. Acted as telephone re- ceptionist, clerk, data entry and telex operator. 10/79 -7/84 Administrative Assistant, DURHAM REFIRM SENIOR VOLUNTEER PRA Durham, NC Assisted director in dynamic RSVP program in Durham County. Responsibilities: major participation in budget preparation, office /records management, preparation of news periodicals includ- ing editing, artwork, and layout; recruited /assigned 300+ volun- teer workers to non - profit community agencies. Also planned and organized recognition ceremonies and prepared correspondence. Received official recognition from federal agencies for accom- plishments and performance. 7/78 -12/78 Receptionist, SMITH MOUNTAIN IXM PROPERTIES, Moneta, VA .Received visitors in offices of a resort property developer and arranged for accommodations; registered guests, prepared corre- spondence, managed records, and on occasion, served as hostess and social secretary for promotional dinners. 9/77-3/78 Custom Picture Framer, MOBLEY'S ART SUPPLIES, Raleigh, NC Assisted customers with selections; constructed picture frames to order; mounted prints and paintings for finished product. VOLUNTM R Worked for Friends of the Library. Fund raising•for non - profit day care in Orange County. (See Pq 8-A, 2.c.) 11. 7, Attachment 2. Pg 2_ KATBBRM P. MANGUM page 2 - - EDUCATION Durham Technical Ctwm +;ty College, Durham, NC - Business courses, since 1979--82 GPA 4.0 East Carolina University, Greenville, NC - Concentration: Art (two years), 1972 -74 - Dean's List Ardbarger's Business College, Raleigh, NC -- Studied Fashion Merchandising, 1974 -75- PIU90NAL March 11, 1954. Married, two children. Enjoy excellent health. Interested in community activities. REFERENCES Available upon request. 11 -A. • RSVP PROJECT DIRECTOR GENERAL DEFINITION OF WORK: Performs difficult professional work providing direct supervision of the RSVP Program; does related work as required. Work is performed under regular supervision. Supervision is exercised over project assistant, subordinate clerical personnel and volunteers. TYPICAL TASKS: Plans, organizes and directs the County RSVP Program; Recruits, orients and places senior volunteers; Maintains accurate records of volunteer activities; Prepares reports to document project functions and status; Initiates and renews memoranda of understanding with volunteer stations; Coordinates recognition event(s) for program volunteers; Visits volunteer stations; recruits volunteers; Attends project meetings and training sessions; Assists in promoting community support for the program including media contacts; Seeks new volunteer stations; fills agency requests for volunteers; Works with advisory committee and conducts an evaluation of the program; Plans and administers major projects throughout the year; Writes grant applications; establishes goals and objectives in compliance with Federal guidelines; Obtains local financial support for program; Prepares and administers program budget and monitors expenditures; Hires, trains, supervises and evaluates subordinate-staff and volunteers; Provides training of volunteer station managers and volunteers; Performs related tasks as required. KNOWLEDGES SKILLS AND ABILITIES: Thorough knowledge of the problems faced by elderly persons; thorough knowledge of community organizations; thorough knowledge of budget and grant preparation; thorough knowledge of techniques used to recruit and train volunteers; ability to establish and maintain effective working relationships with clients, professional personnel, associates and the general public; ability to attend to the needs of others, to converse with people and to convey or exchange information; ability to recruit, train and motivate volunteers; ability to express ideas effectively both orally and in writing. EDUCATION AND EXPERIENCE: Any combination of education and experience equivalent to graduation from an accredited college or university with major course work in social services or related field and at least 1 year experience in working with older adults and supervising others. (SEE Pg. 8-A, 2.c.) 12. 1- 0141_.. r`7N(- )L.INT ` I 11..':':'.7 ,.00 IMPORTANT 1. MAIL INVOICES AND STATEMENTS TO ACCOUNTS PAYABLE, TOWN Ar Z Zj- 2 OF CHAPEL HILL, 306 N. COLUMBIA ST., CHAPEL HILL, NC 27516. Purchasing Age 2. SUBMIT INVOICE IN DUPLICATE FOR EACH PURCHASE ORDER. 3. TERMS AND CONDITIONS REGULATING THIS DOCUMENT ARE PRINTED ON THE REVERSE HEREOF. This instrument has been preaudited in the manner required by 4. PURCHASE ORDER NUMBER AND COMPLETE "SHIP TO" ADDRESS the Local Government Budget and Fiscal Control Act. MUST APPEAR ON INVOICE AND ALL SHIPPING LABELS. r S. ANY APPLICABLE TAXES MUST BE STATED SEPARATELY ON INVOICE. 6. IF ALL CONDITIONS SET FORTH IN THIS ORDER CANNOT BE MET, Finance Officer PLEASE NOTIFY PURCHASING IMMEDIATELY. - TOWN OF CHAPEL HILL NORTH CAROLINA 306 N. Columbia St., Chapel Hill, NC 27516 (919) 968 -2700 Date N PURCHASE ORDER NO. 10135 S H 1 H01-I S I NG & CD Req. No. Contract No. P 317 C:A1._1)WEI. -L ` -;..1_ T (:::I IAV3 L I-1:L LL_. NC:. ' 7 5.1.6 Account No. Amount O 1- TN UI. -1(-) MA( - -'K iv. _ i , 104G 90045 r,,..,,_,� 1.:...x:...7 .00 V No. E 2W:,2 N Rc;VP D C)RAN( -]1:- C I- K.JNTY O R P. 0. 13 C) X 81.81. NC: 12727 DESCRIPTION QTY /UNIT UNIT PRICE TOTAL PRII ANNL.IAI.._ C;( ")N'TRTBU -1 -T0N TO ( ")RANG C:C)LINTY 27.00 12227-00 IdF - "I :[L'I =CI `31: N:1:C)V� VDLl.)N- 1-I'_ER I-RC)(-iRO[I 170R FY 1- 0141_.. r`7N(- )L.INT ` I 11..':':'.7 ,.00 IMPORTANT 1. MAIL INVOICES AND STATEMENTS TO ACCOUNTS PAYABLE, TOWN Ar Z Zj- 2 OF CHAPEL HILL, 306 N. COLUMBIA ST., CHAPEL HILL, NC 27516. Purchasing Age 2. SUBMIT INVOICE IN DUPLICATE FOR EACH PURCHASE ORDER. 3. TERMS AND CONDITIONS REGULATING THIS DOCUMENT ARE PRINTED ON THE REVERSE HEREOF. This instrument has been preaudited in the manner required by 4. PURCHASE ORDER NUMBER AND COMPLETE "SHIP TO" ADDRESS the Local Government Budget and Fiscal Control Act. MUST APPEAR ON INVOICE AND ALL SHIPPING LABELS. r S. ANY APPLICABLE TAXES MUST BE STATED SEPARATELY ON INVOICE. 6. IF ALL CONDITIONS SET FORTH IN THIS ORDER CANNOT BE MET, Finance Officer PLEASE NOTIFY PURCHASING IMMEDIATELY. - STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT Whereas, the non-profit fit corporation, association, or organization an appropriation from the Town of Carrboro; an described below has requested oration, association, or Whereas, the Town has determined that said core Town certain tion can and will perform for and on behalf of the therefore organza perform and has services that the Town itself is authorized to P riation in the budget indicated its approval of this request by an apprap ordinance for fiscal 193 � a � ?` s amended; and Carrboro desires to insure that funds will be used Whereas, the Town of this appropriation and for for the purposes intended by the Town in making no other purposes; f a in consideration on appropriation in the amount of NOW THEREFORE, oration, association, the following non - prafit Corp $500.00 romises to abide as Grantee, agrees and p or organization, hereafter described by the following conditions: 1. Grantee will perform the services or achieve the undertaking described in Attachment A in the manner and according to any time schedule therein provided. other 2. Funds may be released monthly, quarterly, or according to any J I W C A-Zl I(. •'r. L�l• I STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT Whereas, the non- profit corporation, association, or organization described below has requested an appropriation from the Town of Carrboro; and Whereas, the Town has determined that said corporation, association, or organization can and will perform for and on behalf of the Town certain services that the Town itself is authorized to perform and has therefore indicated its approval of this request by an appropriation in the budget ordinance for fiscal 1992-93, as amended; and Whereas, the Town of Carrboro desires to insure that funds will be used for the purposes intended by the Town in making this appropriation and for no other purposes; NOW THEREFORE, in consideration of an appropriation in the amount of $500.00 the following non - profit corporation, association, or organization, hereafter described as Grantee, agrees and promises to abide by the following conditions: 1. Grantee will perform the services or achieve the undertaking described in Attachment A in the manner and according to any time schedule therein provided. 2. Funds may be released monthly, quarterly, or according to any other schedule deemed appropriate by the Town Finance Officer. If required by the Finance Officer, Grantee shall submit a written request for each fund distribution, and any such request shall contain a certification that the Grantee shall use the funds received only to provide the services described in Attachment 3. Not later that March 31st of the current fiscal year, or such other time as specified by the Town Finance Officer, the Grantee shall account to the Town of Carrboro for the use of the funds appropriated by the Town by :....:.... 01 furnishing a detailed description, quantified to the extent practicable, of the extenti to which the Grantee has performed services for or on behalf of the Town of Carrboro or its citizens during this fiscal year, and (ii) providing the Town with a copy of Grantee's most recent audit, financial statement, or other financial information requested by the Town Finance Director. 4. Grantee will not discriminate against any individual on the basis of race, color, religion, sex, or national origin in any of its activities or operations whether or'not financed in whole or in part by funds received by the Town. This nondiscrimination provision prohibits Grantee from discriminating on any of the above listed bases with respect to employment, rendering of services, or provision of benefits. S. Grantee acknowledges that any appropriations in the budget ordinance to Grantee have been made on the condition that Grantee execute and comply with all the terms of this agreement. Grantee further agrees that, if it fails to comply with each and every condition specified in paragraphs 1 through 4 above, it will repay in full to the Town of Carrboro all sums paid by the Town to Grantee pursuant to this agreement. RETIRED ENIOR VOLUNTEER PROGRAM Grant By: 2_ (TitTfl Date range County Manager Attest. /,•$ ^�� Title 7 Date C�Cr' �a %�i-4170WN OF CRB',ORO By: .— _ JR.Z G antor Tow y9knager Date AttestcL.J> 8 -3 -qZ Title 7-k,,,,� Date ;a Provision for payment has been made by an appropriation duly made or bonds or notes duly authorized, pursuant to the Local Government Budget and Fiscal Control Act. ,1 9117 Finance Director D to Town of Caxrboro June 25, 1992 Attachment "A" USE OF FUNDS: The unds are to be used for the general operating expenses. W�ed Link, Jr. Senior Vo unteer Program of the extent to wnicn tine urantee nas perrormed services for or on'behalf of the Town of Carrboro or its citizens during this fiscal year,.and (ii) providing the Town with a copy of Grantee's most recent audit, financial statement, or other financial information requested by the Town Finance Director, 4. Grantee will not discriminate against any individual on the basis t MEMORANDUM OF UNDERSTANDING Between Orange County - Chapel Hill RSVP 410 Caldwell Street Chapel Hill, N.C. 27516 Phone: 942 -7248 and volunteer Station Address Telephone No. It is agreed that the Basic Provisions will guide our working relation- ship and that the Memorandum of Understanding may be amended, in writing, at.any time with the agreement of both agencies. It will be reviewed annually to permit needed changes. BASIC PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING A. The Retired Senior Volunteer Program will: 1. Recruit, interview, and enroll RSVP volunteers. 2. Provide orientation to the volunteer station staff prior to the placement of volunteers, and at other times, as the need arises. 3. Refer volunteers to the volunteer station for assignments, and review the acceptability of volunteer assignments. 4. Furnish accident, personal liability, and excess automobile liability insurance coverages as required by program policy. 5. In cooperation with the RSVP Advisory Council, arrange for an appeals procedure to address problems arising between the volunteer, the volunteer station, and /or RSVP. 6. Reimburse Senior Volunteers directly for transportation costs in accordance with RSVP policies or arrange with the volunteer station for the transportation of volunteers to and from their assignments. 7. Arrange with the volunteer station for meals, when possible, for volunteers on assignments. 8. Periodically discuss and /or assess the needs of the volunteers and the volunteer station. • B. The Volunteer Station will: 1. Make the final decision on the assignment of volunteers. (See pg 8--c. " 7-b.) 13. • • 2. Implement orientation, in- service instruction or special training of the volunteers. 3. when possible, furnish volunteers with any materials or transportation required to carry out the assignments. 4. Provide for the adequate safety of the volunteers. 5. Investigate and report accidents and injuries involving volunteers to RSVP. 6. Collect and sign appropriate volunteer reports and submit them to RSVP. 7. Provide supervision to the volunteers on assignments. 8. Not request nor assign Senior Volunteers for religious, sectarian or political activity or instruction. 9. Not assign volunteers to any task which would displace employed workers or impair existing contracts for services. 10. Prohibit discrimination by actively complying with provisions of Title VI of the Civil Rights Act of 1964. C. Separation from Volunteer Service The volunteer station may request the removal of a senior volunteer at any time. The RSVP volunteer may withdraw from service -at the volunteer station or from the Retired Senior Volunteer Program at any time. When needed, discussion of individual separations will occur between RSVP staff, the volunteer station and the volunteer to clarify the reasons, resolve conflicts, or take remedial action, including placement with another volunteer station. Signature for Volunteer Station Title Telephone Signature RSVP Director Date Date 13-A. FN: VLSTA92 VOLIItMT B STATION51992 -93 CLIENT NAME/ADDRESS TYPE IIVVOLS 1ASSTED DESCRIPTION HEALTH AND R RITION 102 Delivery of Health Services American Red Cross of OC Emergency Assistance 16 800 105 W Main Street Carrboro, NC 27510 X Hospitals Hospital 29 500 P.O. Box 34 Chapel Hill, NC 27514 Orange- Chatham Comprehen- sive Health Services OCCHS Health Clinic P.O. Box 339 2 200 Carrboro, NC 27510 See BHN 721 Nursing Homes and Retirement Centers See BHN 723 Dept. on Aging Bloodmobile assistance (gather information and serve juice) ADDITIONAL: 114 Crisis Intervention MU 09/20/91 Visit patience, deliver newspapers, gift shop, translate 09/29/91 for foreign patients, sew stuffed monkeys for each hospi- talized child ADDITIONAL: 107 Disabil it Treatment: Work with occupa- tional therapists (prepare materials and assist patients) Assist with newsletter - composing, editing, etc. 12/23/91 103 Health Education American Cancer Society Health Information 3 400 Make cancer packs, counsel Reach for Recovery patients, 105 W Main Street answer phones, file Carrboro, NC 27510 American Heart Assoc, Health Information 1 250 P.O. Box 2636 500 Chapel Hill, NC 27515 105 Family Pl_anninq Planned Parenthood Family planning 7 400 Prepare mailings, office sport for agency providing com- 93 Elliott Rd- Kroger Plz amity education about pregnancy and medical services Chapel Hill, NC 27514 Receptionist, type, prepare mailings ADDITIONAL: 108 Nutrition: Distribute dietary information at stores for Food Festival 106 Mental Health Assoc for Retarded Citizens Information, 0 000 Receptionist, clerical P.O. Box 649 referral & caursel Carrboro, NC 17510 - - U/27/91 09/19/91 09/26/91 09/27/91 OC Mental Health Assoc Mental health infor- 1 200 Photograph events, assemble newsletters, and support an agency 02/12/92 214 Pittsboro Street mation, assistance which promotes and improves treatment for the mentally ill. Chapel Hill, NC 27514 and counsel 107 Disability Treatment Visually Impaired Program Health information 1. 50 Give support, provide transportation, and hostess social events 12/23/91 200 Plant Road -CH Parks and sport program for individuals with visual impairments Chapel Hill, NC 27516 for visually impaired ( See Pg 8 --C, 7-b-) 14. •108 Nutrition Meals on Wheels P.O. Box 2102 Chapel Hill, NC 27515 Orange Congregations in Mission (OCIM) P.O. Box 866 Hillsborough, NC 27278 Nutrition 49 150 Deliver hot meals to homebound persons who cannot prepare meals 09/20/91 themselves due to health problems. Emergency assistance 20 125 program Creative Senior Crafters / Nutrition/crafts 34 75 Hillsborough Sr Nutrition program for the 35 Aides elderly 300 W Tryon Street Hillsborough, NC Efland-Cheek Sr Club Nutrition/crafts Rt 5, Box 409-A program for the Mebane, NC 27302 elderly Golden Age Club Nutrition /crafts Rt 1, Box 142 program for the Cedar Grove, NC 27231 elderly Golden Age Happy Circle Nutrition /Crafts 410 Caldwell Street program for the Chapel Hill, NC 27516 elderly Meet Your Neighbor Club Nutrition /Crafts 300 -G Main Street program for the Carrboro, NC 27510 elderly 113 Alcohol /Drug Diseases Freedom House Alcohol /Drug Rehab 1477 Airport Road Alcohol /Drug Chapel Hill, NC 27514 Rehabilitation See Ill - InterFaith Council 114 Crisis Intervention See 102 -American Red Crass Hal pline Crisis hotline 333 McMasters Street Chapel Hill, NC 27516 44 100 40 80 Deliver hot meals to the homebound. 10/10/91 ADDITIONAL; 7ll Comprehensiv e Social Services Delivery Coordinate volunteers to meet individual and community needs 414 Thrift Store: OCIM volunteers also collect and sort clothes 221 Fa _P Collect money, serve food, carry trays for handicapped, serve 02/12/92 coffee /tea and clean-up ADDITIONAL: 409 Crafts /Artisan Cooperati ves: Make crafts and sell cooperatively for the benefit of the program 704 Transportation Sgstem/Services: Car pool- transport others to site (no public transportation available in some areas) 721 Companionship Outreach: Visit lonely, elderly and /or sick 10/07/91 Ill Comprehensi ve Social Services Del_ iyery: Coordinate volun- teers to meet community needs (Ie. prepare mailings for non -profit agencies) (The above description applies to all Nutrition/Crafts programs) 413 Home Managemen : simple repairs, shopping, housekeeping. 221 Food Bank/Gleaning: collect /distribute food donated by stores 10/24/91 Same as above 45 80 Same as above 35 60 Same as above 1 25 Assist Director - clerical, bookkeeping, filing 1 20 Computer Data Entry 02/12/92 02/12/92 11/11/91 09/19/91 115 ically Handicapped P ors Chapel Hill Parks and Rec Provide services 1 20 Working with disabled in aquatics 12 /23/91 200 Plant Road to the physically Chapel Hill, NC 27514 handicapped 017 In Home Care - - -- See. 723._. „A. Home, _... .... ... 09/30/91 See 721 - Nursing Homes and iktirement Center 14l—A, 118 Terminally Ill Triangle Hospice Assistance for the 4 1202 Broad Street terminally ill Durham, NC 27705 mation and Referral 2 Ronald McDonald House Secure home away from 1 101 Old Mason Farm Rd. home for families of Chapel Hill, NC 27514 terminally ill children FOOD/WATER 220 Agricultural Education Orange County Agriculture Agricultural Extention Program Education P.O. Box 8181 - Hillsborough, NC 27278 Non-profit Day Care 1 221 Food Barks/Gleaning Orange County Department Social Services P.O. Box 8181 Hillsborough, NC 27278 OPC Mental Health Club Nc 103D W. Main Street Carrboro, NC 27510 75 Visit at home and counsel persons coping with terminal illness and give support to their families 50 Check families in and out, light housekeeping to prepare for new families Emergency services 1 300 with basic needs for persons with low income. Iva Day Care for the 1 10 mentally handicapped See BHN 108 -Orange Con. In Mission KNOWLEDGE AND SKILLS 301 Child Care /Day Care Child Care Networks Child Care Inforr- Suite 217 -Carr Mill Mall mation and Referral 2 Carrboro, NC 27510 Day Care Services Support for non - profit 2 108 E. Main St. child day cares Carrboro, NC 17510 302 Early Childhood/Pre- school Bi -City Center Non-profit Day Care 1 1712 Willow Drive Chapel Hill, NC 27514 - Carolina Friends Early Non-profit Day Care 1 School 531 Raleigh Rd, Chapel Hill 17514 Chapel Hill Cow Day Care Nonprofit Day Care 5 106 Purefoy Rd, Chapel Hill 17514 Commnity School for Nonprofit Day Care 2 People Under 6 410 Caldwell St, Chapel Hill, NC 27516 Distribute still - useable food donated by food stores to low income people Distribute still - useable food donated by food stores 250 Conduct phone surveys, office assistance 400 Office assistance 35 Save as below. 40 Same as below. 40 Same as below. 40 Act as a "grandparent" and help targeted at risk pre-school children learn basic skills. 10/01/91 04/11/91 02/12/92 02/12/92 01/06/92 10/17/91 02/04/91 12/12/91 11/22/91 09/24/91 11M91 14—B. Head Start Pre - School to give 1 40 Same as below. Carrboro Elementary Sch, underprivileged children 400 Shelton Street, children extra support Carrboro, HC 27510 OCIM Child Care Center Rt 6, Box 36-G Hillsborough, NC 27278 Read A Story To A Tot RASTAT 5 Marilyn Lane Chapel Hill, NC 27514 Non -profit Day Care 2 Makes it possible for teens with children to complete their education Literacy program to 11 promote an appreciation of books for at risk children, Ridgefield Day Care Non-profit Day Care 2 P.O. Box 2206, Chapel Hill, NC 27515 Sycamore Preschool Non- profit Day Care 6 110 Elliott Rd, Chapel Hill, NC 27514 Nee Care Child Day Care. 4 1702 Legion Rd, Chapel Hill, NC 27514 Victory Village Day Care Non- profit Day Care 2 Mason Farm Rd, Chapel Hill, NC 27514 303 Elementary Education Carrboro Elam. School Elementary School 4 400 Shelton Street Carrboro, MC 27510 Ephesus Road School Elementary School 3 1485 Ephesus Church Rd Chapel Hill, NC 27514 Estes Hills Elem. School Elementary School 4 Estes Drive Chapel Hill, NC 27514 12/19/91 150 Be a "grandparent" to children who do not get the special 12 /11/91 attention every child needs. Pre- schoolers are assisted with mastering necessary skills- teachers and school directors target at risk children to be assisted through this program 250 Same as above. 10/03/91 40 Same as above. 02/12/92 40 Same as above. 09 /23/91 40 Same as above. 09/25/91 40 Same as above. 02/12/92 30 Tutor children in reading, math, etc.; tell stories; work in 09/25/91 library and offices ADDITIONAL: 302 Early Childhood/Preschool: Read to children designated as at risk - one - on-one in order to help them appre- 20 ciate books and a desire to read before 1st grade. 12/11/91 (Use same description for all elementary schools) 20 (Use above description) 09 /30/91 Glenwood El a. School Elementary School 1 05 (Use above description) 12 /19/91 Prestwick Road Chapel Hill, NC 27514 - -- Secondary Education �' - ----- _----- -------------- ------- ---------- -------- �------- ------ Chapel Hill High School Senior High School 2 60 Tutoring a Spanish speaking student in English 11/19/91 High School Rd, Chapel Hill, NC 27516 Culbreth Junior High Junior High School 1 1 Additional: 312 Tutorinq/Remedial Readi iteracy OZ /12/92 225 Culbreth Rd, Chapel Hill, NC Algebra tutor for student with learning disability X12 Tuto_rin /cLRemedial Readim&iteracv -- See 305 Culbreth Junior High 14--C. 313 English as a Second Lame English Clasps for Assistance for 2 Foreign Wives those from foreign 1038 Highland Woods countries Chapel Hill, K. 27514 X International Center Assistance for 3 Volunteer English Conver- those from foreign sation Partners countries 10 Heather Court Chapel Hill, HC 27514 RSVP Family Literacy Pro. Assistance for 6 113 W. Main St. those from foreign Carrboro, NC 27510 countries 315 Adult Basic Education Or. Co. Literacy Council Adult Basic Reading 3 113 W Main Street Program Carrboro, NC 27510 317 Library Services Chapel Hill Public Library Library 3 523 E Franklin Street Chapel Hill, NC 27514 Orange Co. Public Library Library 1 300 Tryon Street Hillsborough, NC 27278 318 Cultural Heritage C.H. Historical Society Local Heritage 3 P.O. Box 503, Chapel Hill, 27514 - 320 Career Counsel ina Chapel Hill High School School 1 Homestead Rd, Chapel Hill, NC 27514 330 Other The ArtsCenter Education 8 P.O. Box 789 performance of Carrboro, NC 27510 the arts ECONOMIC DEVELOPMENT 404 Management Assistance SCORE Management P.O. Box 2897 Assistance Chapel Hill, NC 409 Crafts and Artisan Cooperatives See 108: Senior Groups 721: Nursing Homes 412 Consumer Protection/Education Triangle Memorial and Consumer Funeral Society Interest Group P.O. Box 1223, Chapel Hill, NC 27514 45 Coordinate, tutor, host the group of English teachers and 09/21/91 foreign women 50 Tutor foreign students and staff in English in an informal setting 11/10/91 20 Tutor those in need of English as a Second Language 02/12/92 30 Help illiterate adults learn how to read 09 /26/91 300 Sort books, assist with check -outs, and send over -due notices 10/07/91 200 (Same as above) 200 Research and write weekly articles for the newspaper about historical events and persons from Orange County 50 Assist teenagers in finding a future career 3 300 Receptionist /clerical, information /referral, and collect tickets 02/12/92 12/11/91 U/19/91 12/27/91 2 80 Advise those in or starting small businesses 02 /12/92 2. . 75 Help persons achieve dignity and simplicity in after death 09/23/91 arrangements through Pre - planning and education 14—D. 413 Home Managew See 723 Orange W. ity DepartW on Aging 9414 Thrift Store P.T.A. Thrift Shop Thrift Shop 103 Jones Ferry Rd, Carrboro, NC 27510 OCIN Thrift Shop Thrift Shop Hillsborough, NC 27278 HOUSING 502 Housing Rehabilitation /Construction Habitat for Wlunanity Housing P.O. Box 3673 Construction Chapel Hill, NC 27515 503 Housing Referral and Relocation See 711 Interfaith Council E!4_RGY /CONSERVATION 602 Environmental Protection O.C. Soil and Water Environmental P.O. Box 8181 conservation Hillsborough NC NC Nature Conservancy Same as above Carr Mill Mall, Suite 223 Carrboro, NC 27510 UNC Environmental University Resource Program 311 Pittsboro St, Chapel Hill, NC 27599 607 Forest Support Services __ NC Botanical Garden Plant Research P.O. Box 3375 Chapel Hill, NC 17514 609 Recycl ing Community Chapel Hill Dpt.Pub.Wks. Recycling Program Recycling Program 306 N. Columbia St. Chapel Hi31, -27514 COMMUNITY SERVICES 704 Transportation Systems/Services See 723 Orange County Department on Aging 708 Regional/State/City Regional/State/City Planning Orange County Goverrmnent Manager's Office P.O. Box 8181, Hillsborough, NC 27278 0. C. Planning Dept. Comprehensive (Same as above) planning - -- 1 200 Collect and sort clothes for a thrift store, where the pro - 02/12/92 ceeds go to area schools 39 300 Save as above 10/01/91 108 -Meals on Wheels and 221 -Food Pantry 11 25 Build decent, low -cost housing at no profit and at no 02/12/92 interest for qualified persons 3 50 Office assistance; field work 09/20/91 1 50 Office assistance; mailings 11121/91 1 50 Provide clerical and administrative assistance for program 09/26/91 utilizing the skills and expertise of retired scientist 15 100 Provide education, preservation and research into plant life 02/12/92 through plant propagation and work in the herb garden Totten Center ADDITIONAL: 308 University Education: Prepare articles and take photographs for bulletins and displays 330 Other Knowl cal e b Skills: Garden tours for visitors 0 00 707 Nei orhood Beauti.: Plant shrubs /flowers in public areas Assist with program for a senior housing project, etc. 02/12/92 1 ' 100 Computer Data Entry; Clerical Assistant 1 20 Board member for a Township 02/12/92 14—E. 710 Comprehensive Social Service -Plami ^See 723 Orange County Departmdrt an Aging - - - -�„ -- - 711 Comprehensive Social Serves Delius InterFaith Council FmdWrcy Assistance 23 500 Discover, appraise, and publicize individual and community 10/01/91 207 Wilson Street for Basic Needs needs. Work ranges from receptionist, information and Chapel Hill, NC 27516 referral, to monitoring a shelter for the homeless - ADDITIONAL: 108 Nutrition: Prepare /serve meals for the "Soup Kitchen" for the needy U3 Alcohol/Drug Abuse: Counsel alcoholics 503 Housing Referral A Relocation: Housing Committee 721 Companionshi Outreach: Visit homebound elderly or nursing homes O.C. Commission for Women Social Service P.O. Box 8181 Information & Hillsborough, NC 27278 Referral 712 Community Organization Hillsborough Chamber of Information & Commerce/Visitors' Ctr. Referral 150 E. King Street Hillsborough, NC 27278 O.C. Women's Center P.O. Box 1057 Chapel Hill, NC 27514 3 250 Prepare newsletter for mailing, speak to groups about women 02/12/92 in history 1 200 Distributes informational booklets to visitors; office assist- 02/12/92 ante Information & 1 15 They provide a comfortable place where women can meet and Referral exchange ideas and information. Volunteers are peer counselors and office assistants Chapel Hill Carrboro Information & Visitors Center Referral 113 W. Franklin St. Chapel Hill 27514 713 Volunteer Programs AARP P.O. Box 717 Hillsborough, NC 27278 RSVP 410 Caldwell Street Owl Hill , NC 27516 02/12/92 2 200 Distributes informational booklets to visitors; receptionist 2/12/92 Information program 4 50 Clerical assistance 09 /27/91 for senior citizens / ADDITIONAL: 721 Companionshi Outreach: Visit homebound community service and nursing homes 723 Sr Cit Assistance: Help elderly with day - today matters Volunteer program 73 800 Advise staff about finances, recruitment and publicity, 02 /12/92 plaming and evaluation, recognition, etc. Prepare taxes (VITA) for those with low -mid income ADDITIONAL: 721 and 723 (Same as above) 714 Recreation Carrboro Park & Rec Dept. Recreation 301 Nain Street Carrboro, NC 27510 5 200 Coordinate bridge programs, assist with special events, 10/09/91 provide transportation, entertain others, teach recreation classes (marry activities related to annual Senior Games), youth baseball coach Chapel Hill Recreation- Recreation 8 150 (Same as above) New Generation 306 N Columbia Street, Chapel Hill, NC 27516 12/23/91 14—F. O.C. Rec & Parks Dept. Recreation Hillsborough, MC 27278 YMCA of CH/Carrboro Recreation 980 Airport Road Chapel Hill, NC 27514 715 Communications Media N.C. Writers' Network Information & P.O. Box 954 referral program Carrboro, NC 27510 for writers MllNC -FM Radio station 202 Swain Hall -K (non - profit) Chapel Hill, NC 27599 NC CTR FOR RELIC TELEVISION P.O. Box 3508 TV station Chapel Hill, NC 27514 (non - profit) 717 Disaster Relief Assistance See 102 American Red Cross 8 150 (Same as above) 300 W. Tryon Street 1 25 Administrative assistance 0 00 Office assistance, librarian 2 1000 Assist with massive fund raising efforts; phone calls; office assistance; write copy; help set up programs 1 1000 (Same as WUVC -FM) 720 Adult Care 12/10/91 OPC Adult Way Adult Day Care Ctr. 7 300 W Tryon Street Hillsborough, NC 27278 Charles House Adult Day Care Ctr, 1 109 Hillcrest St., Carrboro, 27510. 721 Companionship Outreach 221 Food Bards /Gleani : Collecting/Distributing donated fruit and flowers Carol Woods Retirement Center 6 Weaver Dairy Road (Homes & Nursing Ctr) Chapel Hill, NC 27514 * Hillhaven Chapel Hill Nursing Center 4 1602 E Franklin Street Chapel Hill, NC 27514 09/23/91 * Hillhaven Orange Nursing Center 15 Rt 1, Mt. Sinai Road Durham, NC 27705 Rainbow Group Senior Club Rt 2, Box 231 Mebane, NC 27302 Raglands Family Care Home Domiciliary Home Rt, 6, Box 364 (Faucette Mill Rd) Hillsborough, NC 27278 Hillsborough Rest Home, Inc. Rest Home PO Boor 7 -517 Central- Ave.)___ .. ........_------ -- Hillsborough, NC 27278 50 Assist other participants in the program, prepare mailings for other community agencies 15 Assist with activities in general 75 5D 16 150 01/24/92 02/12/92 12/11/91 10/07/91 10/31/91 02/12/92 02/12/92 Confined residents of nursing homes do bulletin boards; read 12/10/91 write letters; keep a scrapbook; push wheel -chair residents to meals and activities; make crafts for others; welcome com- mittee ADDITIONAL: 102 Delivery of Health Services ADDITIONAL: 102 Delivery of Health Services: Visit nursing 02/12/92 home patients with meals and personal care 221 Food Bards /Gleani : Collecting/Distributing donated fruit and flowers 317 Library Services: Go to the library for those who cannot 09 /25/91 318 Cultural Heritge: Give programs and show slides 409 Crafts /Artisan Cooperativ es: Make crafts for others 714 Recreation: Assist with center activities (Above descriptions apply to all nursing & care centers.) Visit with home-bound senior citizens and provide assistance 09/23/91 when needed 3 15 Exercise class; friendly visiting; music; outings; slide shows 02/12/92 2 20 Same as above 02 /12/92 - -- - -- - - - -- - - - -_ -- - - - -- - - -- .. . .. ............... . .... 14-c. 0 722 Child Abuse/Neglect UNC Program for Childhood Treatment of abused 1 35 Trauma and Maltreatment and mistreated child - UNC Psychiatry Dept., Ned Schl ren CB #7160, Chapel Hill 27599 -7160 723 Senior Citizen Assistance Orange Co Dept on Aging 410 Caldwell Street Chapel Hill, NC 27516 Share- A-Home 427 W Cameron Avenue Chapel Hill, NC 27516 740 Other United Way - Greater OC P.O. Box 845 Chapel Hill, NC 27514 Sr Citizens Assistance program Serves on Board of Directors 04/25/91 47 500 Assist a county agency that benefits all persons aged 60 02/12/92 and older. Special volunteer training is provided for Medicare Counseling and Volunteer Income Tax Assistance ADDITIONAL: 102 Delivery of Health Services: Make blood - pressure checks 107 Disability Treatment: Reading for the visually impaired 413 Home Management: Simple home repairs, bills 704 Transportation �tem/Services: Transport on an on -call basis (TOTE - Transportation of the Elderly) 710 CompraNnsiv e Social Service Planni rg: Plan & participate in Human Needs Conferences; an-going planning 714 Recreation: Assist with Sr Ctr activities 715 Communications Media: Write columns & take photos; assemble and prepare newsletters for mailing 721 Companionshi Outreach: Be a host or hostess at special events 723 Senior Citizen Assistance: Counsel and advocate for the elderly; handihelper Elderly group home 4 10 Clerical and administrative assistance 09 /30/91 Shared living arrange - 117 In Home Care: Peer Support ments Funding organization 1 30 for many non- profit agencies Animal Protection Society Animal Control 2 250 1081 Airport Rd Chapel Hill, NC 27514 CRIMINAL JUSTICE Clerical; bookkeeping; fund raising 09 /25/91 Be on call weekends for emergency situations involving 12 /20/91 804 Delinquency /Crime Prevention Volunteers for Youth Youth companionship 0 00 Caring adult volunteers are matched with high risk youth 09 /26/91 200 Weaver Street program for crime Carrboro, NC 27510 prevention 807 Prisoner Assistance N.C. Dept of Corrections Rt 3, Box 4 Hillsborough, NC 27278 Victim/Witness Assistance Dispute Settlement Center 302 Weaver Street Carrboro, NC 27510 Prisoner assistance 1 50 Course] and advocate for prisoners at Orange County's minimum 02/04/92 security detention facility. Assist paroled inmates adjust to their new life by helping them find jobs and by being a nonjudge- mental 1 istener Mediate Disputes 4 80 Mediate disagreements, such as domestic, neighborhood, landlord/tenant, customer/business, & personal disputes, may prevent going to court or legal action 11/08/91 14-8. RSVP ADVISORY COUNCIL MEMBERS 1992 -93 Diane Brown - Chair 1st RSVP Dir.;-Lg. of Women Voters CH- Carrboro & NC; Dispute Settlement Ctr vol. Martha Branscombe RSVP vol.; Ph.D.; Vol. areas- Housing, Welfare, Planned Parenthood, Mental Health Peace & Justice, InterFaith Council Gloria Brooks JOCCA Nutrition Site Coordinator - Golden Age Happy Circle; High School PTA; SHIIP volun- teer Hilliard Caldwell Carrboro Town Alderman; Mayor Protem Betsy Chamberlin RSVP vol.; Dispute Settlement Center & English Classes for Foreign Wives volunteer Lauri Culp UNC Student; UNC Campus Y Student Volunteers Co -Chair of "Youth for Elderly Service" Carolyn Cusic Home Health Agency Supervisor Clara Hagins RSVP vol. (NC Memorial Hospital & Chapel Hill Public Library); Retired Environmental Protection Agency - secretary Brenda Harris SHIIP volunteer; Chair. Board of Dir.- Community School for People Under 6; Legal Services Board Lucy -Starr Hayes RSVP publicity committee chair; AARP rep. Joanne Johnson Cancer Society, Inter -Faith Council, and Shelter volunteer Ralph Paull Former Director NC Mental Health Association; Masters in Sociology; Chair of Volunteer Center Advisory Council; member Board of Directors United Way; UNC Childhood Trust volunteer; NC Chapter Assoc. for the Prevention of Child Abuse volunteer. John Riebel IFC Community Kitchen volunteer; on Board of Mental Health Association Robert Schmidt RSVP vol.; Retired Sociology Professor; Meals on Wheels volunteer; RSVP representa- tive on Orange County Aging Board Beatrice Serotkin RSVP vol.; InterFaith Council volunteer Fode Wright RSVP vol.; Retired teacher - speech /theater; Planned Parenthood, UNC Playmakers & Duke Children's Hosp. vol.; teaches -Duke Inst. for Learning in Retirement Ex- Officio Members .------------------ -------------------- - - - - -- Jerry Passmore - Orange Co. Dept. on Aging Director (Aging expert) Kathy Mangum -RSVP Director There are five minority - - members, twelve women and -four men on -the Advisory Council. Ten members are RSVP volunteers. FN: ADVCOCL.DOC (See P9. $-D., 3.b.) 15. ORANGE COUNTY RETIRED SENIOR VOLUNTEER PROGRAM ADVISORY COUNCIL EVALUATION SUBCOMMITTEE REPORT 1992 - 1993 Date Submitted: February 17, 1992 Submitted By Committee Members: BEA SEROTKINS, CHAIR MARTHA_BRANSCOMBE DIANE BROWN BETSY CHAMBERLIN • PIS (See Pg. &-D., 4.b.) 16. ORANGE COUNTY RSVP ADVISORY COUNCIL EVALUATION SUBCOMMITTEE REPORT Nineteenth Year (1992 -1993) The Volunteer Communit Orange County is home to over 11,000 people over the age of 60 (about 12.4% of the total population). It continues to be a popular retirement area with many retirees remaining active and contributing to the community through volunteerism. This year has seen changes in our staff. The director resigned due to pregnancy; clerical staff was reduced because of health reasons. There has been no assistant as the assistant director became the full -time director. However, a search is now on for that position. We were understaffed approximately six months. However, the program continued to meet and exceed goals and objectives based on quarterly reports. The RSVP Evaluation Committee conducted formal program evaluations in certain areas this year. Questionnaires were sent to active and inactive volunteer agency stations, 79 in all, to make contact with all agencies that may need RSVP help. The 18 active stations that replied reported satisfying results. (See examples). Questionnaires were also sent to inactive (exiting) volunteers most of whom had been very active during their years with RSVP. A 57% response rate was achieved. We found that there were three reasons for persons leaving the RSVP program: (1) poor health, (2) moving out of town, and (3) securing employment. None of the volunteers left because of dissatisfaction with the program. These questions also addressed their level of satisfaction as active volunteers for which results were positive. (See example). RSVP Programming RSVP is responsive to community needs and publicizes through radio, newspapers, newsletters, and TV. The new director is serving on the Advisory Council of the new Orange County Volunteer Center (RSVP was active in creating the Center). A relationship between the new Center and RSVP has been established for cross referrals of volun- teers over and under age 60. Previously, RSVP was the only referral agency for volunteers in Orange County. Many people under 60 called for volunteer opportunities and were referred. Far more requests came in for volunteer assistance than could be addressed in a timely manner. Perhaps together RSVP and the Volunteer Center can better meet the needs of the non - profit agencies. Over 60 volunteer stations are active, providing a variety of volun- teer assignments. A station training program has been planned. The sub - committees have provided excellent input for determining the direction of the program. special projects this year which were 16-A. supported.by RSVP include: pre - school direction of lori ventura, the new RSVP VITA tax assistance which has received also cooperated with the Department on transportation program for the elderly nated a massive mailing for the Chapel Foundation. .- Volunteer Recruitment literacy and ESL, under the Literacy Coordinator and very positive reports. RSVP Aging in creating TOTE, a and handicapped, and coordi- Hill- Carrboro School New volunteers have been recruited each quarter through the media and public relations efforts. The community is moving in the direction of developing more facilities for older persons activities. RSVP is working with the Friends of the Chapel Hill Senior Center to develop a new senior center in Chapel Hill. RSVP will be housed in the new center. RSVP was awarded a National Significance Grant of $7,500 for family literacy in the areas of English as a Second Language and Read -A-- Story -To -A -Tot. lori ventura was hired as coordinator and is meeting the goals and objectives established for this program. Planning and development is on schedule. The RSVP projected number of volunteers, hours, and stations increased due to the new program. Volunteer Support There is a low turn over rate for volunteers in the program. Those exiting the program site reasons of ill health, moving away, and employment discontinuing their volunteer service. The positive response to the questionnaires reflect a belief in the program and the benefits it offers. The Council felt that volunteers, both new and those with the program for several years should be advised of their rights and privileges. Volunteers not satisfied with their assignments should be informed of the opportunity to change. This is being done through communications such as the newsletters and during volunteer registration by making sure the volunteers receive information such as the RSVP Grievance Procedure. The job description form encourages a greater understanding of the job by the volunteer and the supervisor. Most volunteers learned of the program through the media (especially newspapers) or word of mouth. The advertisements many times will bring a new volunteer into the program, not necessarily for a specific request, but to enroll and find his or niche. Communication, Planned and Informal The RSVP newsletter, "Volunteer Viewpoint ", (8 pages) which is sent bi- annually, is very informative and enjoyed by all. Birthday cards are sent to each volunteer. Many times volunteers call or send thank you notes for the remembrance. RSVP will publicize special requests from agencies-in coordination with the agencies for the expense of the mailing. The Advisory Council regularly meets bi- monthly and sub - committees meet as needed. RSVP staff are Orange 16--B. County employees and attend all staff meetings. The Assistant Director.(now Director) has just recently completed a two year term as the Department on Aging representative for the Orange County Employees Consortium. Resource Development, Fund Raising As a result of efforts by the Advisory Council and staff, RSVP has excellent local financial support (565 of the RSVP budget). Local government sponsors regard RSVP as a vital community resource. Staff and Council members have also assisted in fund raising efforts for the New Chapel Hill Senior Center the future location for RSVP. Project Management The goals and objectives are realistic based on professional staff size. As has been noted earlier in this report, this year has seen changes in our staff. A new director has been hired and a search is on for an assistant director. Clerical staff was reduced due to health reasons, and Peggy Shock was recently hired to fill that part -time position. We were understaffed approximately 6 months of the year. lori ventura is now the part -time literacy coordinator. The staff has plans to devise a simplified system for listing agency needs and job descriptions and part -time help will be used for this. FN:RPGRANT\EVRP9293 • 16--C. Evaluation of RSVP - Volunteers and Program by Volunteer Station Managers -. 11 -21 -91 (1) Were you pleased with the RSVP volunteer(s) in terms of their level of activity (number of hours donated), reliability, and service to your agency? YES (/ NO Were their skill and talents utilized for the benefit of all involved? YES NO COMMENTS: (2) Would you recommend the utilization of retired volunteers through RSVP to other non - profit organizations? Y�EpS U NO COMMENTS: f (3) Do you have a copy of the original Memo of Understanding signed by your agency and RSVP? YES1/ NO Did you receive and return the yearly reaffirmation and job description form needed for RSVP volunteer management at your agency? YES ✓ NO COMMENTS: (4) Did you feel there was adequate communication and cooperation between your station and the RSVP Project (i.e.receiving newsletters, initial orientation to RSVP, roles and responsi- bilities of station and project, knowledge of RSVP volunteer benefits, reporting of hours, etc.)? YES l/ NO COMMENTS: (5) Was RSVP 'responsive to your requests for volunteers when you first signed up as a station as well as for special projects (i.e. did RSVP publicize your need for vo-unteers, provide timely placement of volunteers, etc.)? YES -V NO Additional Comments: 1. Ideas to promote your assignments 2. List current needs ( be brief) , re,CY O-A(St 3. Ideas for stations reporting hours 4. Station Training.Ideas i1 5. Questions for RSVP Staff VV 6. RSVP Program Improvements Tk Station 0Y k Phone_ • Volunteer Supervisor n -Ie r ka_,arr I Volunteer Hours Coordinator O ►1r) �e_rha Thank You! 16-D_ .7 Evaluation of RSVP - Volunteers and Program by Volunteer Station Managers - 11 -21 -91 (1) Were you pleased with the RSVP volunteer(s) in terms of their level of activity (number of h Urs donated), reliability, and service to your agency? YES + NO Were their skill and talents utilized for the benefit of all involved? YES %+NO COMMENTS: tc p� Qr� .exti.�y (2) would you recommend the utilization of retired volunteers through RSVP to other non - profit organizations? YES NO COMMENTS: (3) Do you have a copy of the original Memo of Understanding signed by your agency and RSVP? YES�NO Did you receive and return the yearly reaffirmation and job description for needed for RSVP volunteer management at your agency? YES NO COMMENTS: (4) Did you feel there was adequate communication and cooperation between your station and the RSVP Project (i.e.receiving newsletters, initial orientation to RSVP, roles and responsi- bilities of station and project, knowledge of RSVP volunteer benefits, reporting of hours, etc.)? YES ,�7 NO COMMENTS: (5) Was RSVP responsive to your requests for volunteers when you first signed up as a station as well as for special projects (i.e. did RSVP publicize your need for vol nteers, provide timely placement of volunteers, etc.)? YESNO Additional Comments: I. Ideas to promote your assignments 2. List current needs (be brief) 3. Ideas for stations reporting hours 4. Station Training Ideas 5. Questions for RSVP Staff 6. RSVP Program Improvements Station _�2_ �(/� Phone Volunteer Supervisor Volunteer Hours Coordinator c� Thank You! 16--E_ Evaluation of RSVP - Volunteers and Program by Volunteer Station Managers -. 11-21-91- (1) Were you pleased with the RSVP volunteer(s) in terms of their level of activity (number of hyurs donated), reliability, and service to your agency? YES ✓ NO Were their skills and talents utilized for the benefit of all involved? YES ✓ NO COMMENTS: -t-� �a � �S i", a...•t.. b.�..... ,,�L.� G�..2 (2) Would you recommend the utilization of retired volunteers through RSVP to other non - profit organizations? YES ✓✓ NO COMMENTS: (3) Do you have a copy of the original Memo of Understanding signed by your agency and RSVP? YES ✓NO Did you receive and return the yearly reaffirmation and job description fo m needed for RSVP volunteer management at your agency? YES � NO COMMENTS: (4) Did you feel there was adequate communication and cooperation between your station and the RSVP Project (i.e.receiving newsletters, initial orientation to RSVP, roles and responsi- bilities of station and project, knowledge of RSVP volunteer benefits, reporting of hours, etc.)? YES NO COMMENTS: L w a$ n' f h tea W h C.- -}I;q- Fo tLr v e rg rx ue- 1% P f ea ,59-e w i iL �.a.Q`p� ' (5) Was R7�VP - responsive to your requests for volunteers when you first signed up as a station as well as for special projects (i.e. did RSVP publicize your need for volunteers, provide timely placement of volunteers, etc.)? YES NO Par-" 14 k',o W. Additional Comments: I. Ideas to promote your assignments 2. List current needs (be brief) 3. Ideas for stations reporting hours 4. Station Training Ideas 5. Questions for RSVP Staff 6. RSVP Program Improvements Station G 1'e_:5 ,S Ele* �. 45" Phone - 7?/•� . Volunteer Supervisor - Volunteer Hours Coor Thank You! 16-F. RETIRED SENIOR VOLUNTEER PROGRAM EXIT QUESTIONNAIRE 1. Overall, did you enjoy your volunteer experience with RSVP? 2. Why did you have to- discontinue your enrollment with RSVP? 3. How long were you enrolled with RSVP? 4. How did �olu^ ^learn about\RSVP ?, ` 5. Did you receive adequate training at your volunteer station? 1,� Adequate recognition? 6. Do you have any comments about the program? -u L� -�.. Suggestions for improvement? 7- Would you recommend RSVP to others? Thank you for your input! Please return to; Director Department on Aging P.O. Box 8181 Hillsborough, NC 27278 IC11L ou(�S 16�-G. • RETTRED SENIOR VOLMgTEER PROGRAM RSVP EXIT MESTIONNAIRE 1. Overall, did you enjoy your volunteer experience with RSVP? 2. Why did you have to discontinue your enrollment with 'acvn'P 3. How long were you enrolled with RSVP? 4. How did you ,learnt', about RSVP? 5. Did you receive adequate training at your volunteer station? Adequate ? ' recognit n ..- ., "", s 6. 0(:K You have any comments about the program Sugges ions for izRprovement? 7. Would reco mend RSVP to others? - �G�-, 'T "o_ 7A. . O. . ,_ _ _ n .n Thank you for your input! �1 r Please return to: Director Department on Aging P.O. Box 8181 Hillsborough, NC 27278 16-H. Z -et ^4^ I� N� I� O W I A O L�L rte/ • M rn rn O cr1 [O C'^ N r+�r+ �1 C FBI �I rCr F�1 M rr� raj aci �: � 3 � c a U E U ' •o W �o W � O aV Q Q 8 V a Q b7 v M H N W �U n W � n coo Zr�r'' W J O r.w CIM Cith AIC 0 v Y'7 ^O d p N ° � 4 m •� � m °v d L � C 7 40 4 Off'. C � •N w 4 CD ca -- a [Q L 6 m .v o cc a M IA F F 4 h am PaLve 4 ^C w O P. m 1r d W CS/i d 4s O a O b V 29 R O P Y a N w d � a a 2 ° � d •�.1 : A 7 m M � 61 R. �O S.1 •.4 w x b � W • N° +� O •w.l v.. L. O L p cc O u�o G .0 p .0 Cf -.�1 a� O P iQ o • N m y..f � N P C m G M w b-1 •O d ° •.�i N N f�.. 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MMH W .^. � p y HH MMHI —IHM MH MMHM M n � U U Page 8 17-S. O v m A .a ea b•' O y v � V v .� eo w o ►. .�� °° "� 04 w as o A a ea s AU d .0 O Fi d O O .A A d � +O U 4D b A eV ^j A d � 0�9 01. 06— rT, •^'� –3 .0 cm aOA C C+ W �-r Q� •.Q1 �.r CEO 41 •.-1 OO d Or G 1.a 4W O _� O O d W C 7 A O a..� •�_ d a--� V •V �1 m a•.1 r1 p, a-� 4 -� A m C m aeV�.1 L –3 4..1 do d w^J -C, 90 a..l d -� V w w O .7 7 Yw-I d b oV'+ p � V O aw 4 �..� b A O� }O-� 4�'� 1P•i G. m 'O O O O A d 00 O .� O V d 7 d •O sm. o-Q.l K A .�'O •n.l 14 H w � w A w � fZ�i r..� .p 7 ^3q .� 4 Q C X V '3 • 9 G 7 -r. O, aI ea -� m d -A+ ea ee ° a e si �Q sq., aI ao as C1 w - Fs. 3T N as 16. o+ � C cn .a �e " a°� ►°. P A L L •.y ..y ^p S •. e a •.••a +� y w ++ A N .•-1 Pti O V co, ea •n.l N H W V A -.-•1 J F1r C? � C C.i A � � �.-� +.i A ea r•.1 d •.•-1 GI 7 W .ff sw.a O O ti••I d sO.i Y..1 ~ n�.l •.•-I .-y d b U U O .Vpa 1..1 L1. L! 7 6 N QJ O CA •.mq a~] •N C .ny N ea +� d V A Ca V d 4+ to m a. ea W I 93L. a ro A I O M a�i rim A Q CG Gy O Page 8 17-S. • �J OM$ Approval No. 0348-0040 S Note: Certain Of th= assta:== may not be aPPlicable to your project orprogram, Ifyou"have CF=Sdons, pleaw cont= the awarding agency. Farther, cerramFeder- al awarding agencies mayrequb' aapplicaarstocertifyto addition Aasstzrsaces .Ifsuchisrhecase wiIlbe ,you notified. As the duly attrhm zed y ve of the app]Icant, I certify that the applic= 1. Has the legal authority to apply for Federal assistance, and the in- stitunonal, managerial and financial capability (including funds suffi- cient to pay the non- Fedcral share of project costs) to ensure proper, planning, management and completion of the project described in this application. 2. Win give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any anthotized repr=mta- tive, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally acc--pred accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their poa_ tions foraptrtpose chat constitutes orpresents the appearance of personal or organizational conflict of interest, or personal, gain. 4. Wi 1 initiate and complete the work within the applicable time fume after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § § 47283763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C-FR. 900, Subpart F). 6. Will comply with all Federal statutes relating co nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title iX of the Education Amendmens of 1972. as amended (20 U.S.C. §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discirnination on the basis ofhandicaps; (d) the Age Discrtni- nation Act of 1975, as amended (42 U.S.C. §§ 6101 -6107), which Prohibits discrimination on the basis of age: (e) the Drug Abuse Office and Treatment Act of 1972 (P.1... 92 -255) as amended, relating to nondi.scAminadon on the basis of drug abuse; (f) the Cam =hensive Alcohol Abuse and Alcoholism Prevention. Treatment and kchabilita- tion Act of 1970 (P.L 91 -616), as amended, relating to nondiscbmin=_ lion on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public health Servica Act of I912 (42 U.S.C. 290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 ez sec.), as amended, relating to nondiscrimination in the sale, rental or financing of horsing; W auY other nondiscrimination provi- sions in the specific sramte(s) undo• which -oplication for Federal assistance is being madam and (j) the regitiremencs of any other nondis- crimination statute(s) winch may apply to the application. Will comply, or has already complied, with the requixcments of Tides 11 and III of the Uniform Relocation Assistance and Real Property Acqui- sition Policies Act of 1970 (P.L 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federallf assisted pro grams_ These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in Durchase 8- Will eomP1Y with the provisions afthe Hatcu Act (5 U.S.C. §§ 1501 -1508 and 7324-7328) which limit the political acdvidw of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 US.0 §§ 276a and 276& -7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract WorkHours and Safety Standards Act (40 U.S.C. §§ 327 -333), regarding labor standards for federally assisted construction suents. 10- Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood DisasterProtection Act of 1973 (P.L 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insuran..m if the total cost of insurable construction and acquisition is 510,000 or mote. 11. WiIl comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P,L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating f2cr3ities p=uant to EO 11738; (c) Protection of wetlands pursuam to EO 11990; (d) evaluation of flood hazard's in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.0 § 7401 cc seq.); (g) protection of underground sources of drinking water under the Safe Drinking Wat=Aa of 1974, as amended (P.L 93 -523); and (h) pmrection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 12- Wijl comply with the Wild and Scenic Rivas Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components orpocential components of the national wild and scenic rivers system_ 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470). EO 11593 Odentification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974'(16 U.S.C. 469a -1 et seq.). 14. WiIl comply with P.L 93-348 regarding theprotection of human subjects involved in research, development. and related activities supported by this award of assisran =. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (PL 89- 544, as amended, 7 U.S.C. 2131 a seq.) Pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential struataes. 17. Will can so to be performed the TNa4 -rd 5nancl.al and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with an applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHO CERTIFYING OFFICIAL TITLE MOse5 03reY, Chair, Qmnge (laxity C�iflllS�iCiPxS APPLICANT ORGANIZATION DATE SUBb4rI- D amity Cwt 03 -30 -92 Page 9 Authorized for Local Reproduction Standard Form 424E (4.88) Prescribed by OMB Circular A -102 18. r • CERTIFICATIONS REGARDING (A) DEBARMENT, SUSPENSION AND OTHER RESPONS113ILITY MATTERS; (B) DRUG -FREE WORKPLACE REQUMEEMENTS; AND (C) LOBBYING Applicants should refer to the regulations cited below to determine which certincauion(s) apply to their grant, and review the instructions included in the regulations. Signing going this form complies with certification requirements under Government -wide Debarment and Suspension (Nonprocurement)" and "Government -wide Requirements for Drug - Free Work -place (Grams)" (under 45 CFR Part 1229), and New Restrictions on Lobbying" (under 45 CFR Part 1230). The certifications) shall be treated as a material representation of fact upon which reliance will be placed when ACTION determines to award the covered transaction, grant, or cooperative agreement. A. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 45 CFR Pan 1229, for prospective participants in primary covered transactions, as defined at 45 CFR Part 1229, Sections 1229.105 and 1229.110— 1. The applicant certifies that it and its principals= (a) Are not presently debarred, susuended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Fed- eral department or agency; (b) Have not, within a three-v= period preceding this application, been convicted of or had a civil judgment rendezed against them for commission of fraud or a criminal offense in connection with obtaining, artempting to obtain, or performing a public (Federal, Stare or local) transaction or contract under a public transaction; violation of Federal or Stare antitrust statutes or commission of embezzlement. theft, forgery, bribery, fals7n- cation or destruction of records, making false statements, or receiving stolen propery; (c) Are not presently indicted for or otherwise crimi- nally orcivilly charged by aFederal, State orlocal government entity with commission of any of the offenses enumerated in paragraph 1(b) of this cerpfication; (d) Have not, within a Three -year period preceding this application, had one or more public transac- tions (Federal, State orlocal) terminated forcause or default; and B. DRUG- FREEWORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 45 CFR Part 1229, Subpart F, for grantees, as defined at 45 CFR Part 1229, Sections 1229.605 and 1229.610— 1 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. ACTION Form 424 -E,F,G (1191) Page lU The applicant certifies that it will or will continue to provide a drug -free workplace, and will: (a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and speci- fying the actions that will be taken agai= em- ployees for violation of such prohibition; (b) Establish an on -going drug -uee awareness uro- gram to inform em-olovees about — (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug - free workplace; (3) Any available drug counseling, rehabiiita- aon, and employee assistance proag-ams; and (4) The penalties that may be imposed upon employers for drug abuse violations occur- ring in the workplace. (c) Make it a reouirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1(a); (d) Notify the employee in the statement required by subparagraph 1(a) that, as acondition of employ- ment under the grant, the employee will (1) Abide by the term of the statement; and (2) Notify the employerin writing of any convic- tion for a violation of a criminal drug statute which occurred in the workplace, no later than five calendar days after such conviction; 19. (e) Notify the co=YSWer receiving notice t SON Grants Officer within ten calea of such conviction under subparagraph (d)(2) from the employee, or otherwise receiving actual no- nce. The notice shall include the title of the employee's position and the identificw._ ::_ number(s) of each affected grant; (f) Take one of the following actions, within 30 calendar days of receiving notice under subparagraph 4b; with respect to any employee who is so convicted— (1) Take appropriate personnel action against such an employee up to and including termi- nation consistent with therequirements of the Rehabilitation Act of 1973, as amended; or (2) Require such employee to participate saris - factorily in a drug abuse assistance or reha- bi]itation pzograrn approved for such purcoses by a Federal, State or local health, law en- forcement, or other appropriate agency; (g) YIa_ke a good faith effort to continue to maintain a drug -free work -Place through implementation Of paragraphs 1(a) through I The grantee shall insert in the space provided below tare sire(s) for the performance of work done in connection with the specific zrant: Pace of Perforrnance (Street address, city, county, state, rip code): RSVP - Orange County Department on Aging 410 Caldwell Street Chapel Hill, NC 27516 Orange Count ® Check here if there are grantee workplaces that are not identified above, C. LOBB As required by Section 1352, Title 31 of the U. S. Code, and implemented az 45 CFR Part 1230, for organizations entering +:eta a grant or cooperative agreerrert over SiW,000, as defined at 45 CFR Part 1230, Sections 1230.105 and 1230.110, the applicant certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employes of Congress, or an employee of a Member of Congess in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or tl:e extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. I If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member oz Congress, an officer or employee of Congress, or an employee or a Member of Congress m connection with this Federal contract, grant. loan, or cooperative ageeme ^t, rte undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobby -Lng," in accordance with its instructions. =. The undersigned shall require that the larl uaze of this cerdncation be included in the award documents for all subcontracts at all tiers (including subcon- tracts, subgrants, and contracts under grams, loans, and cooperative agreements) and that all subreciuients shall certify and disclose accordingly. y As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above cerrmcation(s). (A copy of the governing body's authorization for me to sign this cezdncation as official the above tative is on file in the applicant's office.) - Orange County Government Applicant Organization Moses Chair, Orange County Commissioners Printed Name and Title of Authorized Representative Sion; e of utholized Certifying Date rage 11 19-A. o011$11C Voc v ^. a p ti ._ m T yf �� Region IV 101 Marietta Street, N.W. • u S. A' Atlanta; Georgia 30323 Mr. Moses Carey, Chairman Orange County P. 0. Box 8181 Hillsborough, NC 27278 Re: Grant No. 440 - 4768/11 Dear Mr. Carey: M--r- 3 F x 2� DD IE (�� [ED W [E- Ea�i _ 4X992 D Enclosed are four copies of a Notice of Grant Award (NGA) and other related documents to renew the above referenced grant. Please have the Notice of Grant Award Form signed by.an author- ized representative of your organization and return one fully signed copy to the attention of the Grants Officer. Upon re- ceipt of tha signed NGA and Standard Form 270, Request for Cash, the funds for the project will be forwarded to you. Of the re- maining three copies, please retain one copy for your file and distribute one copy each to the Project Director and the chief Fiscal officer. In order that advance payment requests may be approved, it is necessary for you to keep your Financial Status Reports current. Be certain to file them correctly, on time, and on the correct form to the ACTION Grants & Contracts Office. The enclosed copy of the Financial Status Report (FSR) ACTION Form 269 -A and Sup- plement to 269 -A are referenced in the Terms and Conditions of the Notice of Grant Award. Please ensure that you are conduct- ing the business management of the grant as set out in the Handbook. We look forward to your cooperation as we work together to help the community meet its needs. Sincerely, hete Ne1,l H. Phelp Grants & Contracts Officer ACTION - Region IV FOSTER GRANDPARENT PROGRAM • YOUNG VOLUNTEERS IN ACTION • SENIOR COMPANION PROGRAM RETIRED SENIOR VOLUNTEER PROGRAM • OFFICE OF VOLUNTEER LIAISON • VOLUNTEER DRUG USE PREVENTION PROGRAM VIETNAM VETERANS LEADERSHIP PROGRAMS • VISTA a NATIONAL CENTER FOR SERVICE LEARNING DEVELOPMENT AGREEMENT HOUSING DEVELOPMENT GRANT PROGRAM COUNTY-OF ORANGE, NORTH CAROLINA - This AGREEMENT, made and entered into this day of , 1992, by and among Hillsborough Affordable Housing Corporation, Inc., hereinafter referred to as the "HAHC," Whitted Forest Limited Partnership, a North Carolina Limited Partnership whose sole general partner is HAHC, hereinafter referred to as "Whitted Forest"' and.-the- County of Orange, a body politic and corporate of the State of North Carolina, hereinafter referred to -COUNTY OF ORANGE HOUSING & COMMUNITY DEVELOPMENT 300 W. TRYON ST. P.O. BOX 8181 HILLSBOROUGH, NC 27278 TO: -MEMORANDUM- DATE: � / - 01 �-J� j 11JL SU13JECT: I Forest, in accordance with all applicable legal requirements and the Charter and Bylaws of HAHC, for lease.to low- and moderate income families; and WHEREAS, County desires to participate in this project and has received a grant from the N.C. Department of Economic and Community Development Division of Community Assistance in the amount of $250,000 to be used to assist in the development of the Property, which grant money will be loaned to HAHC by County and repaid to County and which loan to HAHC will be repaid in 20 years with a 40 year amortization term;'secured by a deed of trust on the Property, creating a lien junior only to current property taxes and the lien securing construction financing followed by permanent financing of the housing project. WHEREAS, the Division of Community Assistance has conditioned its approval of the requested grant upon the ability of HAHC to meet certain financial requirements, which will enable HAHC to build 35 rental units on the Property within the period hereinafter specified. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto do agree as follows: ARTICLE ONE Upon the purchase by Whitted Forest of the Property, HAHC agrees to execute its responsibilities identified in County's approved CDBG Grant Application to ECD dated July 31, 1991 which K grant application is incorporated herein by reference, hereafter referred to as the CDBG Grant Application.. ARTICLE TWO Upon the purchase by Whitted Forest of the Property, HAHC further agrees to construct on the Property no fewer than 35 units for low and moderate income families meeting all applicable legal requirements. With prior approval from ECD, this commitment may be partially waived by County if failure to meet the commitment is determined to be due to events beyond the control of HAHC, which events may include, -but. are not limited to, an unfavorable, unforeseeable occurrence of severe economic conditions and where such waiver will not substantially affect the project as described in the application. ARTICLE THREE County agrees to execute its responsibilities as defined in the CDBG Grant Application and within the times set forth therein. ARTICLE FODR HAHC agrees to provide County with certificates of title and title insurance certifying that Orange County has a lien on the Property junior only to (1) current year's property taxes that are not yet due, (2) the lien securing the construction loan from General Credit Corporation and, (3) upon the release of this construction loan lien, the lien that will secure the permanent financing ( "permanent loan ") -of the Whitted Forest development which permanent loan will be obtained from Central Carolina Bank and Trust. HAHC further agrees to repay County the $250,000 loan 3 herein provided according to the terms of the promissory note, an unsigned copy of which is Exhibit B, to this Agreement. Loan payments shall be made annually, beginning with year six of the loan on or before the anniversary date of the closing of the $250,000 loan during the life of the loan and as specifically provided in Exhibit B. Payments shall be made to the Orange County Finance Office, 109 Court Street, Hillsborough, North Carolina 27278. Loan payments will-be secured by a deed of trust in the principal amount of $250,000 which deed of trust shall be substantially in the farm .of - Exhibit C. ARTICLE FIVE 1. Each party shall keep and maintain books, records and other documents relating directly to the receipt and disbursement of grant funds and the fulfillment of this Agreement. 2. Each party agrees that any authorized representative of County, the ECD, the North Carolina Department of Housing and Urban Development and Comptroller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit and examine all of the books, records and other documents relating to the grant and the fulfillment of this Agreement for a period of three (3) years following the completion of all closeout procedures respecting the Community Development funds and the final settlement and conclusion of all issues arising out of the Community Development project. 3. Notwithstanding anything herein to the contrary, the parties hereto acknowledge the due execution of a Community Development 4 Grant Agreement between County and ECD and agree that any conflict between the provisions,_ requirements, duties or obligations o.f this Agreement and the Community Development Grant Agreement shall be resolved in favor of the Community Development Grant Agreement. 4.. Upon completion of the obligation of each party under this Agreement, and the receipt of a Certificate of Completion from ECD, the County shall notify HAHC in writing that all requirements have been fulfilled thereby releasing HAHC from its development and CDBG obligations herein stated. Upon repayment by HAHC of the $250,000 loan provided by County to-HAHC, County agrees to return to HAHC for itself and for Whitted Forest, or for successor organizations to either, the promissory note and the deed of trust, both marked "paid and satisfied in full;" or, County will in some other appropriate manner cancel of record the deed of trust securing the $250,000 debt. 5. This Development Agreement constitutes a legally enforceable contract and shall be governed by and construed in accordance with the laws of the State of North Carolina. COUNTY OF ORANGE, N.C. (SEAL) ATTEST Zythe, Moses Carey, Jr. erl Bevy Clerk to Chairman, Orange C ty Board the Board of of Commissioners Commissioners 5 ATTEST (SEAL) (SEAL) HILLSBOROUGH AFFORDABLE HOUSING CORPORATION, INC. Jim Summers, President WHITTED FOREST LIMITED PARTNERSHIP By: Hillsborough Affordable Housing Corporation, Inc., general partner of Whitted Forest Limited Partnership ATTEST - Jim Summers, President N. 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