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Agenda - 03-24-1992
ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL TUESDAY, MARCH 24, 1992 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE OWASA OPERATION CENTER CLERK'S OFFICE. 400 JONES FERRY ROAD CARRBORO, NC NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's office at 732 -8181 or 968 -4501. I. ADDITIONS OR CHANGES TO THE AGENDA II. AUDIENCE COMMENTS A. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked.) B. Matters not on the.Printed Agenda PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. III. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Budget Ordinance Amendment. #12 B. Tax Refund Requests C. Injury Prevention Grants D. Land Sale to the Orange County Housing Authority E. Community Development Block Grant Application F. Proposed Planning Fee Schedule Amendment G. Petition for Addition-- Creekstone Drive H. Petition for Addition -- Claymore Road, Loch Laven Lane and Inverness Way in Chapel Hill Township I. Permit to Use Pyro- Technics During Concert - -UNC Smith Center J. Financing for E911 /CAD Hardware /Software IV. RESOLUTIONS PROCLAMATIONS A. County Government Month B. Proclamation of April, 1992 as Social Services Employees Appreciation Month in Orange County C. Proclamation of Public Health Week V. SPECIAL PRESENTATIONS VI. PUBLIC HEARINGS VII. REPORTS A. Educational Program for Conventional Septic system owners B. 1991 -92 Budget Status Report C. OWASA Quarterly Report D. Report on Durham - Chapel Hill- Carrboro (DCHC) Transportation Advisory Committee (TAC) Meeting VIII. ITEMS FOR DECISION -- REGULAR AGENDA ` A. Orientation Training for Boards and Commissions B. 1991 Culbreth Park Tax Exemption and Refund Request C. Recommendation for Jail Architect D. E911 /CAD Centerline Map Creation E. Transfer of Cable TV Franchise from Carolina Cable to ATC- -First Reading F. Proposed Voluntary Farmland Preservation Program Ordinance G. 1992 Joint Planning Public Hearing Schedule H. Request to NCDOT from Town of Hillsborough Regarding Seven Mile Creek and old NC 10 Bridge Issues in the Widening of I -85 x%. BOARD COMMENTS X. COUNTY MANAGERS REPORT XI. APPOINTMENTS XII. MINUTES XIIi. E$ECUTIVE SESSION - Personnel Matter XIV. ADJOURNMENT t � i 1 1 APPROVED 5 -4 -92 MINUTES• 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 REGULAR MEETING 4 MARCH 24, 1992 5 6 The orange County Board of Commissioners met in regular session on 7 Tuesday, March 24, 1992 at 7:30 p.m. in the Community Meeting Room of the 8 OWASA facility on Jones Ferry Road, Carrboro, North Carolina. 9 10 BOARD MEMBERS PRESENT: Chair Moses Carey, Jr., and Commissioners 11 Alice M. Gordon, Stephen H. Halkiotis (arrived at 7:50), Verla C. Insko and 12 Don Will.hoit. 13. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill 14 STAFF PRESENT: County Manager John M. Link, Jr., and Assistant County 15 Managers Albert Kittrell and Rod Visser, Planner Gene Bell, Clerk to the 16 Board Beverly A Blythe, Finance Director Ken Chavious, Planning Director 17 Marvin Collins, Personnel Director Elaine Holmes, Purchasing Director Pam 18 Jones, Budget Director Sally Kost, Interim Commission for Women Director Lucy 19 Lewis, Tax Assessor Kermit Lloyd and Land Records Manager Roscoe Reeve. 20 21 NOTE: All documents referred to in these minutes are in the permanent agenda 22 file in the Clerk's office. 23 24 25 Z. ADDITIONS OR CHANGES TO THE AGENDA -- NONE 26 27 11. AUDIENCE COMMENTS 28 29 A. MATTERS ON THE PRINTED AGENDA 30 Chair Carey announced that those citizens in the audience who want 31 to speak to an item on the printed agenda will be recognized at the 32 appropriate time. 33 34 B. MATTERS NOT ON THE PRINTED AGENDA - NONE 35 36 PUBLIC CHARGE 37 Chair Carey read the public charge. 38 39 40 1II. ITEMS FOR DECISION - CONSENT AGENDA seconded b Commissioner 41 Motion was made by Commissioner Willhoit, Y 42 Insko to approve those items on the Consent Agenda as stated below. Item "I" 43 was removed for separate consideration. 44 45 A. BUDGET ORDINANCE AMENDMENT 12 46 The Board approved Budget Ordinance Amendment #12 and a Capital 47 Project Ordinance as stated below: 48 49 GENERAL FUND 50 Source - Intergovernmental $ 8,750 51 Appropriation - Human Services 8,750 52 (To budget for Maternal Care Coordination Funds) a5 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 AIR CONDITIONING - OHS AND STANBACK ORANGE COUNTY 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 air conditioning and electronic HVAC control systems at Orange High School and A. L. Stanback Middle School. The project will be financed by bond proceeds and appropriations 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: Bond Proceeds $ 810,076 Transfer from School Capital 794,272 Reserve Fund Total Revenue $1,604,348 Section 4. The following amount is appropriated for this project: Air Conditioning - OHS and $1,604,348 Stanback Project Section S. This ordinance supersedes all previous Air Conditioning - OHS and Stanback Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1992. B. TAX REFUND REQUESTS The Board approved the following 21 requests for property tax refunds. 78.25 4.33 NAME Frank Ray Brooks CCB & Trust Company World Omni Leasing Inc. Valerie A. Williams Speed, James Louis &Cynthia Stabler, Brian & Dianne L. Richmond, Vernon G. & Nann' e 82168 C ton J p NAME Frank Ray Brooks CCB & Trust Company World Omni Leasing Inc. Valerie A. Williams Speed, James Louis &Cynthia Stabler, Brian & Dianne L. Richmond, Vernon G. & Nann' e 82168 C ton J p E o 1 Andrew Merritt 2 Marinda McPherson 3 Hillsb. Family Practice 4 Kelly Joan Flynn 5 Coleman, William L. & 6 Julie R. 26625 316.12 66707 799.74 74172 157.57 128354 307.60 98210 8,533.99 7 8 C. INJURY PREVENTION GRANTS 9 The Board authorized the Health Department to collaborate with the 10 Dispute Settlement Center and the Durham /Orange Coalition for Battered Women 11 in submitting an injury prevention grant application from each agency. 12 13 D. LAND SALE TO THE ORANGE COUNTY HOUSING AUTHORITY of 14 The Board adopted a resolution authorizing the transfer 15 property in the Knolls Community from Orange County to the Orange County 16 Housing Authority in accordance with the resolution stated below: 17 18 RESOLUTION OF THE ORANGE COUNTY 19 BOARD OF COMMISSIONERS AUTHORIZING 20 THE TRANSFER OF SURPLUS PROPERTY 21 TO THE ORANGE COUNTY HOUSING AUTHORITY 22 23 WHEREAS, Orange County acquired the following identified properties 24 by tax foreclosure (hereinafter "the parcels of property "): 25 Parcel I: Tax Parcel 7.100.C.10 26 Parcel II: Tax Parcel 7.100.C.10A 27 Parcel III: Tax Parcel 7.91.H.7 28 WHEREAS, The Board of County Commissioners has determined that the 29 parcels of property are surplus property; and 30 WHEREAS, Habitat for Humanity of Orange County and the Knolls 31 Neighborhood Development Association (which Association consists of property 32 owners in the community where the parcels of property are located) has 33 requested that steps be taken to make the parcels of property available for 34 low cost housing; and 35 WHEREAS, the Orange County Housing Authority has the authority to 36 provide dwelling accommodations for persons of low income and has the 37 authority to accept ownership of property to accomplish that purpose; and 38 WHEREAS, the Board of County Commissioners has determined that the use 39 of the parcels of property to provide dwelling accommodations for persons of 40 low income is appropriate. 41 NOW, THEREFORE, BE IT RESOLVED pursuant to North Carolina General 42 Statutes SS157 -42, 160A -267 and 160A -274: 43 44 1. The following parcels of property are surplus property: 45 Parcel I: Tax Parcel 7.100.C.10 46 Parcel II: Tax Parcel 7.100.C.10A 47 Parcel III: Tax Parcel 7.91.H.7 48 2. The Chairman of the Board of Commissioners is authorized, on 49 behalf of Orange County, to convey by non - warranty deed in 50 consideration of the payment to orange County of $1.00, the 51 parcels of property to the Orange County Housing Authority. 52 3. That the Clerk to the Board of County Commissioners is authorized 4 1 to attest the conveyances authorized herein and is further 2 authorized and directed to publish a notice containing this 3 Resolution in the Chapel Hill Herald one time after the adoption 4 of this Resolution. 5 4. The non- warranty deeds conveying the parcels of property to the 6 Orange County Housing Authority shall not be executed by the 7 Chairman and attested by the Clerk to the Board of Commissioners 8 and the deeds shall not be tendered to the orange County Housing 9 Authority until at least ten (10) days after the publication of 10 the notice containing this Resolution. 11 12 13 E. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 14 The Board adopted a resolution authorizing the submission of a 15 FY92 Small Cities CDBG Application for the Efland community as stated below 16 and set May 4, 1992 as the public hearing date to receive citizen comments 17 regarding the application document. 18 19 RESOLUTION AUTHORIZING AN APPLICATION 20 FOR 21 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 22 23 NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of 24 Orange County, that an application for Community Revitalization Grant Funds 25 from the N.C. Department of Economic and Community Development Department is 26 hereby authorized. The target neighborhood is the Efland community and the 27 amount to be requested is $1,000,000. The application will be submitted on 28 or before May 15, 1992. `4,, 30 F. PROPOSED PLANNING FEE SCHEDULE AMENDMENT 31 The Board approved an amendment to the Planning Fee Schedule to 32 include fees for the reapproval of expired preliminary plats and site plan 33 review. A fee of $117.00 will be charged for site plans which require 34 certification by a surveyor, architect, landscape architect or engineer, and 35 $60.00 will be charged for those which do not require certification. 36 37 G. PETITION FOR ADDITION - CREEKSTONE DRIVE 38 The Board approved a petition from NCDOT for approval of the 39 addition of Creekstone Drive in Chapel Hill Township to the State - maintained 40 Secondary Road Systems. 41 42 H. PETITION FOR ADDITION - CLAYMORE ROAD LOCH LAVEN LANE AND 43 INVERNESS WAY IN CHAPEL HILL TOWNSHIP 44 The Board approved a petition from NCDOT for approval of the 45 addition of Claymore Road, Loch Laven Lane and Inverness Way in Chapel Hill 46 Township to the State - maintained Secondary Road system. 47 48 I. PERMIT TO USE PYRO- TECHNICS DURING CONCERT - UNC SMITH CENTER 49 The Board removed this item from the Consent Agenda. It was 50 considered immediately following the Consent Agenda. 51 52 J. FINANCING FOR E911 CAD HARDWARE./SOFTWARE f � i 5 1 The Board approved the financing arrangement with IBM, subject to 2 final review by the County Attorney, and authorized the Chair to sign a 3 contract amendment for this purpose. IBM has developed a proposed financing 4 plan that would enable the County to finance the balance for 59 months at 5 interest rates of 5.96% for software ($11,496) and 6.06% for hardware 6 ($184,067). 7 8 VOTE ON THE CONSENT AGENDA: UNANIMOUS 9 10 I. PERMIT TO USE PYRO- TECHNICS DURING CONCERT AT UNC SMITH CENTER 11 Motion was made by Commissioner Willhoit, seconded by Commissioner 12 Insko to approve a fireworks permit for the Smith Center's concert on April 13 4, 1992. 14 VOTE: AYES, 3; NOES, 1 (Commissioner Gordon) (Commissioner Halkiotis was not 15 present for this vote) 16 17 18 IV. RESOLUTIONS /PROCLAMATIONS 19 A. COUNTY GOVERNMENT WEEK 20 Motion was made by Commissioner Gordon, seconded by Commissioner 21 Insko to proclaim the month of April, 1992 as "Orange County Government 22 Month ", to endorse activities planned during the month and to authorize the 23 Chair to sign the proclamation. The proclamation is stated below: 24 25 PROCLAMATION 26 COUNTY GOVERNMENT MONTH 27 28 WHEREAS, The North Carolina Association of County Commissioners and the 29 National Association of County Commissioners have urged citizens 30 across the state and the nation to learn more about county 31 government's role in our lives, and 32 WHEREAS, Orange County government has served the citizens of the County 33 since 1752 and places its emphasis on addressing citizens concerns 34 and needs, and 35 WHEREAS, The elected and appointed officials of Orange County take pride 36 in serving the citizens in the County and in letting each citizen 37 know he or she counts, and 38 WHEREAS, County government provides a wide range of services including 39 public safety, community planning and human services, which have 40 a direct impact on citizens, and 41 WHEREAS, Citizens may learn about county services and resources through 42 outreach efforts provided by County officials. 43 NOW THEREFORE, We the Orange County Board of Commissioners do hereby 44 proclaim the month of April, 1992 as Orange County Government 45 Month, and further encourage all citizens to become familiar with 46 the services provided by Orange County government. 47 VOTE: UNANIMOUS 48 49 50 51 52 [7 1 B. PROCLAMATION OF APRIL, 1992 AS SOCIAL SERVICES EMPLOYEES 2 APPRECIATION MONTH IN ORANGE COUNTY 3 Motion was made by Commissioner Willhoit, seconded by Commissioner 4 Gordon to proclaim April as Social Services Employees Appreciation Month in 5 Orange County and authorize the Chair to sign. The Proclamation is stated 6 below: 7 PROCLAMATION 8 SOCIAL SERVICES EMPLOYEES APPRECIATION MONTH 9 10 WHEREAS, Social Services Employees administer a wide range of service 11 programs designed to provide Orange County citizens basic 12 resources and social work services to maximize their well -being 13 and self determination, and 14 WHEREAS, Social Services Employees act on behalf of all citizens to prevent 15 abuse, neglect, and exploitation of children and disabled adults, 16 and when necessary, intervene to protect them; and, 17 WHEREAS, Social Services Employees are caring professionals who are 18 committed to serving Orange County citizens in a compassionate, 19 confidential manner; and, 20 WHEREAS, Orange County wishes to set aside a special month to recognize the 21 vital contributions of Social Services Employees in Orange County; 22 and, 23 NOW, THEREFORE, we, the Orange County Board of Commissioners proclaim 24 April, 1992 as "Social Services Employees Appreciation Month" in 25 Orange County, and urge all citizens to join us in honoring our 26 Social Services Employees. 27 VOTE: UNANIMOUS 28 29 30 C. PROCLAMATION OF PUBLIC HEALTH WEEK 31 Motion was made by Commissioner Gordon, seconded by Chairman Carey 32 to proclaim April 5 through April 11, 1992 as Public Health Week and 33 authorize the Chair to sign. The Proclamation is stated below: 34 35 PUBLIC HEALTH WEEK 36 PROCLAMATION FROM THE COUNTY COMMISSIONERS 37 38 WHEREAS, The State of North Carolina has adopted the week of April 5 39 through April 11, 1992, as Public Health Week in North Carolina; 40 and 41 WHEREAS, The public health facilities in Orange County serve thousands of 42 our citizens each year; and 43 WHEREAS, Public health assures a cleaner, safer, more wholesome environment 44 in which to live; and 45 WHEREAS, Healthful living is the major prevention of the financial burdens 46 of disease and chronic illness; and 47 WHEREAS, Concerned, informed and active citizens will ensure a healthy 48 future for Orange County; 49 THEREFORE, We hereby proclaim April 5 through April 11, 1992 as PUBLIC HEALTH 50 WEEK in Orange County, with the theme "Healthy Living." 51 VOTE: UNANIMOUS 52 7 1 V. SPECIAL PRESENTATIONS - NONE 2 3 VI. PUBLIC HEARING AND A DECISION - NONE 4 5 VII. REPORTS 6 7 A. EDUCATIONAL PROGRAM FOR CONVENTIONAL SEPTIC SYSTEM OWNERS 8 John Link presented for Board comments the brochure called "The 9 Needs of Your Septic Tank System ". This brochure will be sent to homeowners 10 who have a conventional septic system. The Board asked several questions 11 which were answered and made several suggestions which will be incorporated 12 into the document. Also, Commissioner Willhoit made several suggestions to 13 clarify the information in the letter. Any further suggestions are to be 14 directed to Tony Laws by the end of this week. 15 16 B. 1991--92 BUDGET STATUS REPORT 17 John Link gave a status report on the current year budget and 18 informed the Board of his plans to ensure that the County maintains its 19 favorable financial condition. 20 He stated that in the general fund budget, expenditures will 21 exceed revenues by approximately $100,000 to $200,000. He is projecting the 22 revenue from the one cent local option sales tax to fall short of the 23 budgeted amount by approximately $700,000. With regard to the two one half 24 cent sales taxes, he is projecting these to exceed the budgeted amount by 25 $200,000. Investment earnings will fall short of the budgeted amount by 26 $300,000. He summarized his plan which will result in a total savings of 27 between $325,000 and $395,000. He will continue to closely monitor the 28 budget and advise the Board if further action needs to be taken. He asked 29 the Board to consider changing their current policy which transfers all of 30 the revenues received from the two one half cent sales taxes to capital 31 projects. The Board approved the steps as outlined by the County Manager and 32 stated below: 33 1. Adjust the purchase cut off day back to May 1. 34 2. Purchase only capital outlay items which are on the capital 35 outlay listing as approved when the budget was adopted except 36 in cases of emergency. 37 3. Require approval by the Manager's office of all travel 38 associated with conferences and training for all conferences, 39 seminars, courses offered after April 1. 40 4. Request the Board's approval to allow the general fund to 41 maintain the surplus realized from the two one half cent sales 42 taxes. 43 5. Require Manager's approval before recruiting for any vacant 44 position. This is not a freeze on hiring. 45 46 C. OWASA OUARTERLY REPORT 47 Lois Herring reported on the Cane Creek recreation project. They 48 have one easement to obtain before they are ready to go for bid. This phase 49 of the project will include an office, a dock area, a floating dock, 50 restrooms, and a picnic area. The buildings will be constructed to last a 51 long time. This phase will allow for easy expansion at a later time. The 52 people in the Cane Creek community would like to have a tot lot and OWASA 1 will work to do that. Jogging trails have also been suggested. They do plan 2 to meet with the Bingham TAC to hear their concerns. There will probably be 3 a lot of different subgroups formed. With reference to the budget for this 4 coming year, they are just beginning the process by listing everything that 5 needs to be done. Some items will probably have to be phased in. Other 6 things are mandatory. In looking at their capital improvement projects, 7 money for the Cane Creek Study and purchase of land for watershed protection 8 may not be available this year. They are monitoring and keeping a lot more 9 records for Cane Creek which will help the consultant and move the study 10 along faster. She asked for the Board's input. Commissioner Willhoit asked 11 for a sketch map of the three parcels that OWASA has purchased and Lois will 12 provide that to him. Ms. Herring noted that the total budget is about six 13 million dollars. The rate study cost $60,000. This study was done to 14 determine the impact of their rates on low income customers and availability 15 fees which are difficult for some people to pay as well as address the goal 16 of water conservation. The University Lake Watershed study cost $240,000. 17 Lois indicated they will probably have a rate increase because they have a 18 lot of large projects which need to be done. They will have to replace 19 filters at a cost of 1.5 million dollars at the water treatment plant which 20 was built in 1948. The wastewater treatment plant also needs repair which 21 will be phased in over a number of years. Commissioner Willhoit asked for 22 a report on the growth in both the University and Cane Creek watershed areas. 23 Ms. Herring noted that peek usage is usually contributed to irrigation. The 24 average daily use is 7MGD. 25 26 27 D. REPORT ON DURHAM - CHAPEL HILL - CARRBORO (DCHC)__TRANSPORTATION 28 ADVISORY COMMITTEE (TAC) MEETING 29 Gene Bell reported that there is an upcoming meeting on the 30 Durham Northwest and Northeast Loop Corridor Study. In October it was the 31 Board's decision to keep this corridor out of Orange County. The corridor 32 is 20 miles in length and barely comes into Orange County. DOT has added 33 one additional corridor for further study that will connect to Route 751. 34 The next step in this process is a citizens workshop on March 31. This is 35 an important meeting because the comments received will play quite heavily 36 in determining if further study will be done. This is not the only 37 opportunity for county input. DOT will be glad to meet with the County 38 Commissioners and make a presentation and receive comments which will be 39 factored into their decision. Gene Bell plans to, attend the March 31st 40 meeting. 41 Commissioner Gordon stated that she told DOT that the Board is 42 quite concerned with the alignment going into a critical area. She asked if 43 the Board wants to take an official stand and ask DOT to strongly consider 44 another alignment because of the park. 45 John Link suggested that the DOT representative be invited to the 46 April 21st meeting. 47 It was decided that Chair Carey and Commissioner Gordon will draft 48 a letter which will be sent to DOT expressing the Board's desires. 49 Gene Bell reported that the TIP annual presentation to DOT will 50 not be held this year. The County may send in a written response by April 51 7. It was decided that the County's response would be on the April 6th 52 agenda for Board consideration of approval. 0 1 VIII. ITEMS FOR DECISION --REGULAR AGENDA 2 A. ORIENTATION TRAINING FOR BOARDS AND COMMISSIONS 3 The Board members suggested several corrections to this policy. 4 This will be placed on the next agenda for Board approval. 5 6 B. 1991 CULBRETH PARK TAX EXEMPTION AND REFUND REQUEST 7 Rod Visser reported that Culbreth Park Development Corp. has 8 requested a property tax exemption on certain properties used for affordable 9 housing and a refund of property taxes paid for 1991. NCGS 105- 282.1(a) 10 makes provision for a board of county commissioners to approve an application 11 for exemption made after the close of the listing period, "upon showing of 12 good cause by the applicant for failure to make a timely application ". 13 Culbreth Park presented evidence which indicated good cause for failure to 14 make a timely application. The individual who designed, developed, and 15 managed Culbreth Park became gravely ill in the Fall of 1990. New management 16 was not hired by Culbreth Park until February, 1991. They were not aware 17 that the county was expecting property taxes on the lots until September, 18 1991. They applied for tax exemption at that time which was still in the 19 calendar year in which the property taxes were levied as required by the 20 statute. Tax Assessor Kermit Lloyd denied their request for the reasons as 21 specified in the agenda abstract. Culbreth Park is a non - profit corporation 22 focused on providing homes to low and moderate income people. 23 Commissioner Insko clarified that if the application had been made 24 on time and on the specific lots that are planned to be developed last year, 25 Culbreth Park would have received a reduction in their property tax. 26 Kermit Lloyd explained that Culbreth Park has 50 lots. Those lots 27 that were purchased with governmental money would qualify them for exemption. 28 Those lots owned by the Corporation would not be exempt. 29 Twenty -four lots qualify for exemption for 1991. Nine lots qualify for 30 exemption for 1991. 31 Motion was made by Commissioner Willhoit, seconded by Chair Carey 32 to grant an exemption to Culbreth Park Corporation for 24 lots for 1991 and 33 for nine lots in 1992 because of unpredictable illnesses or permanent 34 physical and mental disabilities of agency personnel. 35 VOTE: UNANIMOUS 36 37 C. RECOMMENDATION FOR JAIL ARCHITECT 38 Captain Joe Dickey reported on the overcrowded conditions of the 39 jail facility. Chair Carey stated that there is a need for a short and long 40 range plan for the jail and the court system. One of the Board's goals is 41 to plan for a campus concept for the County property in Hillsborough. This 42 would include expansion of jail facilities and provision of adequate court 43 space. 44 Commissioner Insko asked that the short range planning committee 45 look at options to reduce jail overcrowding. This could be done by using the 46 house arrest system or reducing the time spent in jail waiting for a court 47 date. 48 John Link noted that two efforts to get people to court sooner 49 need to occur. One would involve the judge and other court officials looking 50 at how additional court hours can be implemented, and the second involves a 51 process to look at short term solutions to alleviate overcrowding of the 52 jail. The charge can be expanded to include these two efforts. One problem 10 1 is that there are no funds to build new facilities for the next five years. 2 He feels that the short term needs should be addressed in the next year and 3 after that the long term needs should be addressed to the year 2000. 4 Commissioner Willhoit noted that the architects could look at the 5 use of modular structures that might be moved and determine if this would be 6 cost effective. 7 Commissioner Insko stated that she is concerned about isolating 8 the long range plan from the short range plan because the short range plan 9 may not meet the needs in ten years. It is not her intent to stretch out to this process. 11 Commissioner Halkiotis informed the Board that Jim Blackburn 12 informed him that the State is still not sure how the 200 million bond 13 approved by the voters two years ago will be used. This will depend on the 14 recommendation on the housing of misdeameanants. 15 It was decided after further discussion that the County Manager 16 would bring back a revised charge which will include the suggestions made by 17 the County Commissioners. 18 Motion was made by Commissioner Insko, seconded by Commissioner 19 Halkiotis to accept the recommendation of the selection committee to retain 20 Grier -Fripp Associates, Inc., authorize the Purchasing Director to negotiate 21 the contract within the parameters stated in the agenda abstract and 22 authorize the Chair to sign the contract, contingent upon Attorney and staff 23 review. 24 VOTE: UNANIMOUS 25 26 D. E911 1CAD CENTERLINE MAP CREATION 27 Rod Visser presented a change in the Agreement with IBM which will 28 provide for the creation of a centerline file at the outset of the project, 29 rather than later. County staff recommend the approval of this change in the 30 E911 /GIS /CAD project which will provide powerful support for the dispatchers 31 at the beginning of their use of the new system, will assist in the work to 32 tie individual addresses to their ground location which will be usable in the 33 next step of development for the system, and will come from funds already 34 anticipated for this service. 35 Motion was made by Commissioner Willhoit, seconded by Commissioner 36 Insko to approve and authorize the Chair to sign the proposed change order 37 in the agreement with IBM in the amount of $6,700 and as outlined in the 38 Statement of Work in the agenda abstract. 39 VOTE: UNANIMOUS 40 41 E. TRANSFER OF CAROLINA CABLE FRANCHISE FROM PRIME CABLE INCOME 42 PARTNERS L.P. TO CABLEVISION OF DURHAM INC. AND TIME WARNER 43 ENTERTAINMENT COMPANY, L.P. 44 John Link presented for the Board's consideration a request to 45 transfer the Carolina Cable TV Franchise. 46 In answer to a question from Commissioner Halkiotis about the 47 Cable System's ability to broadcast health and safety emergency information, 48 Bill D'Epagnier from Cablevision of Durham stated that there are a number of 49 different arrangements. The cable station has an emergency override system. 50 Also, the command office has the ability to go in and override all channels 51 and place an audio message on the air. He stated that the cable company 52 would be happy to cooperate on this issue. Rod Visser noted that they are 11 1 working on a cooperative arrangement that would provide for emergency 2 broadcasting. 3 Motion was made by Commissioner Insko, seconded by Chair Carey to 4 simultaneously: (1) approve on first reading "AN ORDINANCE AMENDING A 5 FRANCHISE TO CABLEVISION OF DURHAM, INC. TO CONSTRUCT AND MAINTAIN A CABLE 6 TELEVISION SYSTEM WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH 7 CAROLINA:; and (2) subject to the satisfactory resolution of all outstanding 8 obligations of Prime Cable Income Partners, L.P. d /b /a Carolina Cable, 9 approve the RESOLUTION OF BOARD OF COMMISSIONERS OF ORANGE COUNTY APPROVING 10 THE TRANSFER OF THE CABLE TELEVISION FRANCHISE OF CAROLINA CABLE TO 11 CABLEVISION OF DURHAM, INC. and the RESOLUTION OF BOARD OF COMMISSIONERS OF 12 ORANGE COUNTY APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISES OF 13 CABLEVISION OF DURHAM, INC. TO TIME WARNER ENTERTAINMENT COMPANY, L.P. A 14 complete copy of the Ordinance and the Resolutions are filed with the 15 permanent agenda file for this March 24, 1992 Board of Commissioners meeting. 16 VOTE: UNANIMOUS 17 18 19 F. PROPOSED VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE 20 Several changes suggested by Commissioner Gordon will be 21 incorporated in the ordinance which will be located in the County's Ordinance 22 book located in the Clerk's Office. 23 Motion was made by Commissioner Willhoit, seconded by Commissioner 24 Insko to approve the proposed ordinance including the revisions and effective 25 date recommended by the Agricultural districts Advisory Board and the changes 26 suggested by Commissioner Gordon. 27 VOTE: UNANIMOUS 28 29 G. 1992 JOINT PLANNING PUBLIC HEARING SCHEDULE 30 Motion was made by Commissioner Gordon, seconded by Commissioner 31 Insko to approve April 15, 1992 and October 14, 1992 for Joint Planning 32 public hearings. 33 VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis) 34 35 H. REQUEST TO NCDOT FROM TOWN OF HILLSBOROUGH SEVEN 36 MILE CREEK AND OLD NC 10 BRIDGE -- ISSUES IN THE WIDENING OF I -85 37 Motion was made by Commissioner Halkiotis, seconded by 38 Commissioner Insko to support the Town of Hillsborough in its request to meet 39 with NCDOT to discuss the issues of the Seven Mile Creek BMP's and the 40 closing of the Old NC 10 bridge by reviewing, modifying as necessary and 41 signing the letter included in the agenda abstract from the Board to NCDOT. 42 43 VOTE: UNANIMOUS 44 45 IX. BOARD COMMENTS - NONE 46 47 X. COUNTY MANAGER'S REPORT - NONE 48 49 XI. APPOINTMENTS 50 ARTS COMMISSION 51 Motion was made by Commissioner Halkiotis, seconded by 52 Commissioner Willhoit to appoint Elsabe Dixon, James M. Cryer and Alycia Long 12 I Allen to three year terms ending February 19, 1995 and Jaki Shelton Green to 2 an unexpired term ending February 19, 1994. 3 VOTE: UNANIMOUS 4 5 HILLSBOROUGH BOARD OF ADJUSTMENT 6 Motion was made by Commissioner Insko, seconded by Chair Carey to 7 reappoint John Forrest for a second three year term ending February 28, 1995. 8 VOTE: UNANIMOUS 9 HILLSBOROUGH PLANNING BOARD 10 Motion was made by Commissioner Gordon, seconded by Commissioner 11 Halkiotis to reappoint Wayne Tilley to a second three year term ending 12 February 1, 1995 and to appoint Robert Murphy to his first three year term 13 ending February 28, 1995. 14 VOTE: UNANIMOUS 15 HUMAN RELATIONS COMMISSION 16 Motion was made by Commissioner Gordon, seconded by Commissioner 17 Willhoit to appoint Thomas Scott to an unexpired term ending November 30, 18 1992. 19 VOTE: UNANIMOUS 20 21 APPOINTMENT OF CHAIR FOR THE SOLID WASTE TASK FORCE 22 Motion was made by Commissioner Willhoit,seconded by Chair Carey 23 to appoint Woodhall Stofford as Chair of the newly formed Orange County Solid 24 Waste Task Force. 25 VOTE: UNANIMOUS 26 27 28 The Board decided that the County Commissioner representative on 29 the Orange County Solid Waste Task Force will be a full member and that the 30 representative from Duke University and the private hauler representative 31 will serve as liaison. 32 33 XII. MINUTES 34 Motion was made by Commissioner Gordon, seconded by Commissioner 35 Halkiotis to approve the minutes for the December 11, 1991 - Special Public 36 Hearing as corrected. 37 VOTE: UNANIMOUS 38 Motion was made by Commissioner Gordon, seconded by Commissioner 39 Willhoit to approve the minutes for the February 3, .1992 regular meeting as 40 corrected. 41 VOTE: UNANIMOUS 42 43 XIII. EXECUTIVE SESSION -- PERSONNEL MATTER 44 Motion was made by Commissioner Willhoit, seconded by Chair Carey to 45 go into Executive Session to discuss a personnel matter. 46 VOTE: UNANIMOUS 47 Motion was made by Chair Carey, seconded by Commissioner Willhoit to 48 adjourn the Executive Session and to reconvene the regular meeting. 49 VOTE: UNANIMOUS 50 51 XIV. ADJOURNMENT 52 With no further items to discuss, Chair Carey adjourned the meeting. 13 1 The next regular meeting will be held on Monday, April 6, 1992 at 5:30 p.m. 2 in the courtroom of the Old Courthouse in Hillsborough, North Carolina. 3 Moses Carey, Jr., Chair 4 Beverly A. Blythe, Clerk 5 6 M ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: Budget Ordinance Amendment #12 DEPARTMENT Budget ATTACHMENT(S) (1) Proposed Budget Amendments Proposed Capital Project Ordinance Action Agenda Item No =-A PUBLIC HEARING YES NO X 1 INFORMATION CONTACT Budget Office, Extension 2151 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To approve proposed budget ordinance amendments and capital project ordinance. BACKGROUND: (1) On January 6, 1992, the Board of Commissioners authorized the Health Department to apply for additional State funds to increase Maternity Care Coordination Services. The Department has received confirmation of a grant award of $8,750. These funds will allow the Department to employ a temporary Maternity Care Coordinator to provide services to additional Medicaid recipients. No additional County funds are required. (2) Last June the Board of Commissioners approved the capital project ordinances to reflect the adopted Capital Improvements Plan (CIP). This amendment makes a technical correction to ensure that the adopted ordinances agree with the adopted CIP. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners adopt the proposed Budget ordinance Amendments and Capital Project Ordinance. t E ORANGE COUNTY PROPOSED 1991 -92 BUDGET AMENDMENTS The 1991 -92 Orange County Budget Ordinance, as amended, is amended as follows: BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT (1) GENERAL FUND Source: Intergovernmental $ 7,596,105 $ 8,750 $ 7,604,855 Appropriation: Human Services 12,428,122 8,750 12,436,872 To budget for Maternal Care Coordination funds. (2) See attached Capital Project Ordinance, for Air Conditioning -OHS and Stanback. BUDGET AMENDMENT #12 AIR CONDITIONING - OHS AND STANBACK 3 ORANGE COUNTY 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 air conditioning and electronic HVAC control systems at Orange High School and A. L. Stanback Middle School. The project will be financed by bond proceeds and appropriations 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: Bond Proceeds $ 810,076 Transfer from School Capital Reserve Fund 794,272 Total Revenue $1,604,348 Section 4. The following amount is appropriated for this project: Air Conditioning - OHS and $1,604,348 Stanback Project Section S. This ordinance supersedes all previous Air Conditioning - OHS and Stanback Capital Project Ordinances. Section 6. This ordinance shall be in effect from the date of adoption until June 30, 1992. Adopted this 24 day of March, 1992. 1 ORANGE COUNTY BOARD OF COt•121ISSIOITERS ACTION AGENDA ITEX ABSTRACT Meeting Date: March 24, 1992- - SUBJECT: Tax Refund- Requests DEPARTMENT: Assessor's Office ATTACMIENT (S) : Individual Request Action Agenda Item No._;9_8 PUBLIC HEARING :. Yes X No INFORMATION CONTACT: TELEPHONE NUMBER: Hillsborough -- 732 -8181 Chapel Hill - 968 -4501 Mebane. - 227 -2031 Durham -- 688 -7331 PURPOSE: To consider 21 request for property tax refunds. l W BACKGROUND: General Statutes 105 -381 (b) -^+ Action of Governing Body - Upon receiving a taxpayers written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part -thereof and shall either release or refund that portion of the amount that is determined to be in excess of the current' liability or notify the taxpayer in writing that no release or� refund will be made. RECOMMENDATION(S): The manager's recommendation for each tax refund is stated on the individual request. MAP # TRACT # ACCOUNT # BILL # RATE CODE Brooks, Frank Ray Rt 2, Box 132 Hillsborough, NC 27278 91000205 9158547 M COMMENT: Taxpayer penalized $100 for failing to list motor vehicle in 1989. Letter under separate cover requesting a refund or release of the penalty. A review of tax records indicate the following: Assessed for year of '87 on acct #87000470, paid December '87. Listed for 188 on acct #87000470, paid March 189. Assessed for '89 acct #89000195 amount due $249.47. Did not list for 1990, mailed tax form 2/10/92. Assessed for '91 on acct #91000205 amount due $9.61. REFERENCE: GS 105- 312(h1) ACTION REQUESTED: Refund /Release $100 motor vehicle penalty for (2) motor vehicles. RECOMMENDATION: Disapprove based on record. ORDER: DATE: t 2 Lj MAP # TRACT # ACCOUNT # BILL # RATE CODE CCB & Trust Company Leasing Dept. P.O. Box 931 Durham, NC 27702 59718 _. 9149291 01 COMMENT: CCB errorously listed 3 leases for 1991 that were paid out prior to 1 -1 -91. Total Assessed value of these leases was $54,575. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Request refund for tax overpayment for 1991. Valuation $54,575 1991 GO - 439.33 F1 - 41.48 RECOMMENDATION: Approve X; DATE: $480.81 3 MAP # TRACT # ACCOUNT # 117161 BILL # 9154286 RATE CODE 22 [ I World Omni Leasing Inc. 120 N W 12th Avenue P.O. Box 8544 Deerfield Beach, Florida 33442 l 4 COMMENT: Taxpayer listed 90 Subaru valued at $13,480 in Orange County. Vehicle was also listed in Chatham County were it should be listed. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Request refund for tax overpayment for 1991. valuation $13,480 1991 GO - 108.51 G2 - 83.74 CH - 23.39 $215.64 RECOMMENDATION: Approve r R-by I, DATE: I . ■ . MAP # TRACT # ACCOUNT # 168879 BILL # 9157898 RATE CODE 22 Williams, Valerie A. 335 Brookberry Circle Chapel Hill, NC 27514 COMMENT: Ms. Williams mistakenly listed her '88 Chev. Cavalier value $5,320. The vehicle had already been listed in Durham County and the taxes paid there. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund request for tax overpayment for 1991. Valuation $5,320 1991 GO - 42.83 Pen- 5.21 G2 - 33.05 Pen- 3.31 CH - 9.23 $93.63 Total Refund RECOMMENDATION: Approve ORDER: DATE: r1 MAP # TRACT # ACCOUNT # BILL # RATE CODE [ l Speed, James Louis & Cynthia P.O. Box 405 Hillsborough, NC 27278 6 4.42A.C.6 403840 9126 9139729 23 COMMENT: Mr. Speed mistakenly listed a 1990 Toyta valued at $6,460 the car actually is leased from World Omni Leasing Co. under account #153994. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment for tax year 1991. valuation $6,460 1991 GO - 52.00 G3 - 31.01 y3 -- 5.00 $88.01 total refund RECOMMENDATION: Approve ORDER: FIY3110F i, [ I Stabler, Brian & Dianne L. 123 Priestly Creek Dr. Chapel Hill, NC 27514 MAP # 7.29C.C.40 TRACT # 720167 ACCOUNT # 76477 BILL # 9139903 RATE CODE 22 COMMENT: Mrs. Stabler mistakenly listed a 1990 Mitsubishi value at $5,560 the car is actually leased from G.E. Capital. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax Valuation $5,560 GO G2 CH V2 RECOMMENDATION: Approve ORDER: DATE: overpayment for tax year 1991. 1991 44.76 - 34.54 9.65 10.00 $98.95 Total Refund $ . MAP # 4.18.D.7 TRACT # 402251 ACCOUNT # 82168 BILL # 9135380 RATE CODE 23 [ I Richmond, Vernon G. & Nannie 202 W. Union St. Hillsborough, NC 27278 COMMENT: Mrs. Richmond mistakenly fail to mark through a 1976 Cadi Seville (value 2,310) and a 1983 Nissan 280ZX (value 3,780) on her 1991 abstract. She didn't own either vehicle on January 1, 1991. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment for tax year 1991. Total Valuation $6,090 1991 GO - 49.02 G3 - 29.23 $78.25 Total Refund RECOMMENDATION: Approve WIT31ax DATE: i L � Compton, Joseph Woods Jr. & Anya Rt. 1, Box 395 Cedar Grove, NC 27231 MAP # TRACT # ACCOUNT # 91000333 BILL # 9158657 RATE CODE 16 COMMENT: Request for refund due to listing a 1977 Ford Station Wagon twice on acct. 156399 and acct.91000333. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment for tax year 1991. Total Valuation $450.00 1991 GO - 3.62 PEN- .39 FI - .32 $ 4.33 Total Refund RECOMMENDATION: Approve ORDER: DATE: 10 MAP # 1.25..11B TRACT # 100923 ACCOUNT # 104408 BILL # 919740 RATE CODE 00 Cressler, Paul William Jr. & Ann Elizabeth 4819 Schley Rd. Hillsborough, NC 27278 COMMENT: Request for refund on 88 GMC TK value $10,260 that was sold on April 12, 1990. This vehicle should have been marked off their 1991 listing. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment for tax year 1991. Total Valuation $10,260 1991 GO - 82.59 FA - 4.10 $86.69 Total Refund RECOMMENDATION: Approve ORDER: DATE: ■ MAP # 7.27A.G.1A TRACT # 741086 ACCOUNT # 151318 BILL # 9123765 RATE CODE 22 Koutavas, Jerry & Pamela 209 Scarlett Drive Chapel Hill, NC 27514 COMMENT: Request for refund, double listed 1984 Chev. Cavelier. Listed.on acct. 14453 and acct. 151318. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment for tax year 1991. Total valuation $2,120 1991 GO - 17.07 G2 - 13.17 FA - 3.68 $33.92 Total Refund RECOMMENDATION: Approve ORDER: DATE: 11 12 I MAP # TRACT # ACCOUNT # 91000788 BILL # 9159066 RATE CODE Johnson, Laurie Aline Rt. 4 Box 597 Pittsboro, NC 27312 COMMENT: Request for refund for taxes paid on 87 Plym. value 3,000 for 1991. This vehicle was listed in Chatham County were owner resides per phone conversation with James Spell in Chatham County. REFERENCE: G.S. 105- 381(a)(l)b. An illegal tax. ACTION REQUESTED: Request refund in amount of $52.81. Total Valuation $3,000 1991 GO - 24.15 LL 2.94 G2 - 18.64 LL - 1.87 CH - 5.21 $52.81 Total Refund RECOMMENDATION: Approve [OWr1*9M DATE: I t MAP # 4.6.B.2G TRACT # 432793 ACCOUNT # 106993 BILL # 9138138 RATE CODE 00 Sharpe, Thomas E. & Sandra M. P.O. Box 264 Hillsborough, NC 27278 COMMENT: Mrs. Sharpe added in error 186 Chev. Corvette valued at $14,940. This car was wreck in September 1990. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund request for tax overpayment for 1991. Valuation $14,940 1991 GO - 120.27 FA -- 5.98 $126.25 Total refund RECOMMENDATION: Approve 03 DATE: 13 14 MAP # 6.14..7E • TRACT # 602273 ACCOUNT # 14810 BILL # 9139379 RATE CODE 10 [ l Snipes, Elizabeth C. 4801 Dairyland Rd. Hillsborough, NC 27278 COMMENT: Ms. Snipes mistakenly failed to remove a '89 Olds valued at $8,760 on her '91 tax listing. She didn't own it on January 1st 1991. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund request for tax overpayment for 1991. Valuation $8,760 1991 GO - 70.52 FF 4.38 $ 74.90 Total refund RECOMMENDATION: Approve DATE: I MAP # 7.146..2 TRACT # 741586 ACCOUNT # 152581 BILL # 9112928 RATE CODE 22 Engel, Eleanor F. 102 St. Thomas Place Chapel Hill, NC 27514 COMMENT: Request refund on '87 Honda value 57,100 listed in error, should have listed an '82 Honda value $2,250. Difference in value of $4,850. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund request for tax overpayment for 1991. Valuation $4,850 1991 GO - 39.04 G2 - 30.13 FF - 8.41 $ 77.58 Total refund RECOMMENDATION: Approve ORDER: DATE: 15 MAP # 6.20..42 TRACT # 629650 ACCOUNT # ' 146429 BILL # 9147190 RATE CODE 10 Wojtkiewicz, Charles H. & Margaret H. 4320 Dairyland Rd. Hillsborough, NC 27278 COMMENT: Mrs. Wojtkiewicz listed 183 Toyt for 1991 and a value $7,740 was incorrectly put on it by our office. The value should have been $2,020. REFERENCE: G.S. 105- 381(a)(1)a. A tax imposed through clerical error. ACTION REQUESTED: Refund request for tax overpayment for 1991. Incorrect value $7,740 Correct value $2,020 GO - 62.31 GO - 16.26 FF - 3.87 FF - 1.01 $66.18 $17.27 Refund Difference: $48.91 RECOMMENDATION: Approve ORDER: DATE 161 r a MAP # TRACT # ACCOUNT # BILL # [ RATE CODE Campbell, James M. Sr & Nancy] 202 Simpson Street Carrboro, NC 27510 7.107.C.4 701934 17919 916236 21 COMMENT: Request for refund due to 1985 Toyota Cressida valued at $6,390 listed in error on account #17919 James M Campbell. The vehicle was also listed on account #164080 William Lloyd Campbell. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund request for tax overpayment for 1991. Valuation $6,390 1991 GO - 51.44 G1 - 39.30 CH a-11.09 $101.83 Total Refund RECOMMENDATION: Approve ORDER: DATE: MAP # 7.101.D.7 TRACT # 708122 ACCOUNT # 26625 9128679, 9027755 BILL # 8927467, 8810269 RATE CODE 21 Merritt, Andrew 110 Prince Street Carrboro, NC 27510 COMMENT: Leased motor vehicle form World Omni. Leasing listed on acct. #122367 was also listed by Mr. Merritt on acct. #26625. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund request for tax overpayment for 1988, 1989, 1990 and 1991 in the amount of $316.12. 1988 1989 1990 1991 Total $6,825 $5,370 $4,760 $4,240 GO - 44.02 GO - 38.13 GO - 36.41 GO - 34.13 26.08 GO G1 - 152.69 - 125.98 G1 - 39.93 G1 - 31.41 G1 - 28.56 8 G1 - CH - CH _ CH - 12.11 CH - . 7907 CH - 73.42 6 7.5 316.12 Tat -96.06 RECOMMENDATION: Approve DATE: i MAP # 4.13.A.15 TRACT # 423659 ACCOUNT # 66707 BILL # 9128388 RATE CODE 23 Marinda McPherson Sox 401 Hillsborough, NC 27278 l COMMENT: House was valued as a a 1 1/2 level but is actually only a one level with unfinished attic area. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund request for tax overpayment for 1987, 1988, 1989 and 1990 and 1991 in amount of $799.74. Valuation $13,693 1987 1988 GO - 82.97 GO - 88.31 G3 - 61.61 G3 - 61.61 Tot 144.58 149.92 Total GO - 483.47 G3 - 316.27 799.74 Total Refund RECOMMENDATION: Approve •;1 ; DATE: 1989 GO - 97.22 G3 - 61.61 158.83 1990 1991 GO - 104.75 GO - 110.22 G3 - 65.72 CH - 65.72 170.47 175.94 19 MAP # TRACT # ACCOUNT # BILL # RATE CODE Hillsborough Family Practice Associates PA 101 East Corbin St. Hillsborough, NC 27278 74172 9150986 23 COMMENT: Hillsborough Family Practice filed amended listing for 1991. Original listing included assets that were disposed for that year. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund for tax overpayment for 1991. Old Valuation - $51,155 1991 New Valuation - 38,893 GO - 98.71 Val. Difference $12,262 G3 - 58.86 $157.57 Total Refund RECOMMENDATION: Approve DATE: GU r I a MAP # TRACT # ACCOUNT # 128354 9114170, 9013659 BILL # 8919251, 8824858 RATE CODE 09 Flynn, Kelly Joan 1300 Lomax Ave. Apt B Charlotte, NC 28212 COMMENT: Request for refund due to double listing, also in Durham County. Refund for 1991 - '89 Honda $9,610, 1990 - '89 Honda $11,930, 1989 - '85 Honda $7,480 and 1988 - 185 Honda $9,600. Verified by Durham Co. by Joyce Logan 1- 22 -92. REFERENCE: G.S. 105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund request for tax overpayment for 1988, 1989, 1990 and 1991 in the amount of 5307.60. 1991 $9,610 1990 $11,930 1989 1988 Total $7,480 $9,600 GO - 77.36 FE 1__5.96 Go - 91.26 FE - 7.40 GO - 53.11 GO - 61.92 GO - 283.65 Tot 83.32 98.66 FE - 4.64 57.75 FE - 5.95 FE - 23.95 67.87 307.60 RECOMMENDATION: Approve EMWW..z DATE: MAP # 7.122.B.8F TRACT # 715836 ACCOUNT # 98210 BILL # 918456 RATE CODE 04 Coleman, William L & Julie R 809 Smith Level Road Chapel Hill, NC 27516 COMMENT: Request for refund for tax overpayment for years 1987 through 1991, due to clerical error by tax office. Property had been taxed as type 6 which is commercial and should have been taxed as type 9 which is residential. REFERENCE: G.S. 105- 381(a)(1)a. A tax imposed through clerical error. ACTION REQUESTED: 1989nande1990tandr1991 1 ineamountnoff$8,533-99. 988, old Valuation $573,659 New Valuation $395,795 Val Difference $177,864 1987 1988 1,147.23 1989 1,262.84 1990 1,360.66 1991 1,431.81 Total 6,280.40 GO CH - 1,077.86 - 293.48 315.71 315.71 315.71 308.60 142.30 1,549.21 704.38 FC Tot - 135.18 1,506.52 142.30 1,605.24 142.30 1,720.85 142.30 1,818.67 1,882.71 8,533.99 RECOMMENDATION: Approve ORDER: DATE: 221 a ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: Injury Prevention Grants DEPARTMENT: HEALTH ATTACHMENT(S): 1) Memorandum from Injury Control section 2) Inquiry Prevention Grant Application Guidelines Action Agenda Item No. nT- 10L. PUBLIC HEARING: Yes X No INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2411 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To authorize the Health Department to collaborate with the Dispute Settlement Center and the Durham /Orange Coalition for Battered Women on the submission of two (2)) grant applications for injury prevention funds. The Health Department would primarily serve as the fiscal intermediary and monitor implementation of the projects. The Injury Control section will evaluate the applications and determine if they warrant award of funds. BACKGROUND: The Injury Control Section of the Department of Environment, Health and Natural Resources has mini -grant funds available to local health departments for community -based injury control programs. The Orange County Health Department received two (2) of these grants for FY 91- 92 for its Buckle Up Baby - Plus and Project Poison Patrol Programs. The maximum amount available per grant is $7,000. The Injury Control section encourages other community agencies interested in mini -grant funds to work with their local health departments. However, the application must be submitted by the health department. This year the Health Department has been approached by two community organizations who are interested in applying for grant funds. The Dispute Settlement center would like to apply for funds to conduct conflict resolution training for children at the 5th through 8th grade level in schools, neighborhoods or recreation programs. The Durham /Orange coalition for Battered Women wishes to apply for funding to support its "Change " program which is a counseling program for men interested in modifying their violent behavior. This program is offered in chapel Hill. Both agencies emphasize that funding received through the Injury Prevention Grant Program would be used to supplement, not supplant, any funding they receive from the County. RECOMMENDATION(S): The Manager recommends that the Health Department be authorized to collaborate with the Dispute Settlement Center and the Durham /Orange coalition for Battered women on the submission of two (2) injury prevention grant applications- - one (1) from each agency. .6 STATt 4 le State of North Carolina Department of Environment, Health, and Natural Resources Division of Epidemiology P.O. Box 27687 • Raleigh, North Carolina 27611 -7687 James G. Martin, Governor J. N. MacCormack, M.D., M.P.H. Wiliam W. Cobey, Jr., Secretary January lo, 19 9 2 Director Injury Control (919) 733 -3732 MEMORANDUM To: Local Health Department Injury Control Contacts FROM: Michael Patetta, Branch Head mr Injury Control Section SUBJECT: Fiscal Year 1993 Injury Prevention Mini - Grants The Injury Control Section will be awarding funds for community - based injury prevention projects for fiscal year 1993. All local health departments are eligible to apply. One application form and instructions for completing the form are enclosed. Information on other mini -grant programs addressing bicycle injury are also included for your reference. Three one -day workshops will be held in February to help local health department personnel develop grant writing skills and improve injury control program design and evaluation capabilities. Attendance at these workshops is strongly recommended (but not required) for those health departments that wish to apply for this funding. A workshop brochure is enclosed for your reference. We look forward to reviewing your proposals for fiscal year 1993 injury prevention initiatives in North Carolina. If you have any questions regarding the mini -grant program or are in need of technical assistance, please contact the Injury Prevention Branch at (919) 733 -3732. Thank you. MP /DG:cb Enclosures An Equal Opportunity Affirmative Action Employer INJURY PREVENTION: FISCAL YEAR 1993 Injury Prevention Grants for Local Health Departments The Injury Prevention Branch (IPB) of the Injury Control Section (ICS), Division of Epidemiology, Department of Environment, Health and Natural Resources has funds for community -based injury prevention projects. Local health departments are eligible to apply. Twenty -two to twenty-seven awards will be made in amounts of up to S7000 each. Projects will be completed over a twelve month period (July 1, 1992 - June 30, 1993). Counties awarded money in FY 1991 and FY 1992 may submit proposals for the same injury topic area but are required to change the scope (e.g., different target population) of the project. Counties awarded money in FY 1992 may submit proposals to expand the project in the same injury topic area. Proposals may include, but are not limited to: public, professional, or targeted consumer skill development and education; community training initiatives; distribution of injury prevention devices (i.e., smoke detectors, bicycle helmets); and/or innovative community interventions including the modification of environmental hazards. Unintentional and/or intentional injuries may be addressed.. Priority will be given to proposals addressing the following areas: motor vehicle occupant protection, violence, fires, poisoning, and bicycle injuries. Western North Carolina will be a primary target area for motor vehicle occupant protection initiatives in FY 1993. Priority will be given to proposals submitted by these counties in this subject area. The Proposal Review Committee will evaluate the proposals based upon the following criteria: • documentation of community need; • appropriateness of injury prevention strategies and methods; • past experience with community-based programs; • evidence of interagency cooperation; • thoroughness of project design, management plan and evaluation component; and • plans for project continuation Awardees will be required to complete three quarterly reports, a final project report, and have evaluative site visits made by Injury Prevention Branch staff. Proposal and /or budget amendments may be r wired as a condition of funding, following the first quarter site visit. Technical assistance will be provided by the Injury Prevention Branch. Continuation of funding will be based on successful completion of project goals and objectives. The project proposal will be limited to the attached application form. Supplemental pages are acceptable only for Section IV. "Planning, Management and Evaluation". Letters of support are required and must be included with the proposal. The application must be Wtmarked by April 3. 1992. Electronic facsimiles (FAX) of proposals will not be accepted. Late aRRligations will not be considered. Awards will be announced by mid -May 1992. Contract addenda forms and budget pages will be forwarded to awardees by early June 1992 for local approval. One (1) original and two (2) copies of the proposal application W uding co Dies of all original accom an 'n documents should be addressed to: Michael J. Patetta, Branch Head Injury Prevention Branch/Injury Control Section Division of Epidemiology Dept. of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 -7687 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. 7�r-p Meeting Date: March 24, 1992 SUBJECT: Land Sale to the Orange County Housing Authority - DEPARTMENT: Housing /Comm. Dev. PUBLIC HEARING YES: NO: x - - ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes Action Plan Geof Gledhill Resolution TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To adopt a resolution authorizing the transfer of property in the Knolls Community from Orange County to the Orange County Housing Authority. BACKGROUND: On March 9, 1992, the Board of Commissioners received a report from the Manager regarding a request from the Knolls Neighborhood Development Association that the County donate County owned surplus property in the Knolls Community to Habitat for Humanity to build housing for eligible low income citizens of the County. Based on this report and subsequent Board discussions, the Manager is recommending that the attached Action Plan be utilized to respond to this request. The first step in the plan is the adoption of a resolution authorizing transfer of the properties to the Orange County Housing Authority. Adoption of the attached resolution will authorize the transfer of the three County owned lots in the Knolls Community identified by Tax Map Reference 7.100.C.10, 7.100.C.10A, and 7.91.H.7 to the Orange County Housing Authority for future conveyance to Habitat for Humanity. RECOMMENDATION(S): The Manager recommends adopting a resolution authorizing the transfer of property in the Knolls Community from Orange County to the Orange County Housing Authority. K KNOLLS NEIGHBORHOOD DEVELOPMENT ASSOCIATION PROPERTY DONATION ACTION PLAN 1. Adopt a Board resolution authorizing the transfer of this property to the Orange County Housing Authority. (March 24, 1992) NOTE: After adoption, the County is required to publish a ten (10) day public notice of this property sale. After this ten day period has expired, the actual property sale can take place. 2. Convene a meeting of the Orange County Housing Authority Board of Commissioners either prior to or after a regular Orange County Board of Commissioners meeting to accept the property. (May 4, 1992) NOTE: The actual property sale takes place at this time. 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. 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. The Board of the Orange County Housing Authority will transfer these lots during an official meeting as these conditions are met by Habitat and Knolls Neighborhood Development Association. In order to execute this Agreement, a meeting of the Board of the Orange County Housing Authority will be necessary. This meeting could take place either prior to or after a regular Orange County Board of Commissioners meeting. (June 23, 1992) i4 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE TRANSFER OF SURPLUS PROPERTY TO THE ORANGE COUNTY HOUSING AUTHORITY WHEREAS, Orange County acquired the following identified properties by tax foreclosure (hereinafter "the parcels of property "): Parcel I: Tax Parcel 7.100.C.10 Parcel II: Tax Parcel 7.100.C.10A Parcel III: Tax Parcel 7.91.H.7 WHEREAS, the Board of County Commissioners has determined that the parcels of property are surplus property; and WHEREAS, Habitat for Humanity of Orange County and the Knolls. Neighborhood Development Association (which Association consists of property owners in the community where the parcels of property are located) has requested that steps be taken to make the parcels of property available for low cost housing; and WHEREAS, the Orange County Housing Authority has the authority to provide dwelling accommodations for persons of low income and has the authority to accept ownership of property to accomplish that purpose; and WHEREAS, the Board of County Commissioners has determined that the use of the parcels of property to provide dwelling accommodations for persons of low income is appropriate. NOW, THEREFORE, BE IT RESOLVED pursuant to North Carolina General Statutes § §157 -42, 16OA -267 and 160A -274: 3 1. The following parcels of property are surplus property: Parcel I: Tax Parcel 7.100.C.10 Parcel II: Tax Parcel 7.100.C.10A Parcel III: Tax Parcel 7.91.H.7 2. The Chairman of the Board of Commissioners is authorized, on behalf of Orange County, to convey by non - warranty deed in consideration of the payment to Orange County of $1.00, the parcels of property to the Orange County Housing Authority. 3. That the Clerk to the Board of County Commissioners is authorized to attest the conveyances authorized herein and is further authorized and directed to publish a notice containing this Resolution in the Chapel Hill Herald one time after the adoption of this Resolution. 4. The non - warranty deeds conveying the parcels of property to the Orange County Housing Authority shall not be executed by the Chairman and attested by the Clerk to the Board of Commissioners and the deeds shall not be tendered to the Orange County Housing Authority until at least ten (10) days after the publication of the notice containing this Resolution. This the day of , 19 Commissioner resolution and Commissioner moved the passage of the foregoing seconded the motion, and the resolution was passed by the following vote: Ayes: 2 M ; Noes: NORTH CAROLINA ORANGE COUNTY 5 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 the transfer of surplus property to the Orange County Housing Authority 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 3 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. =-f: Meeting Date: March 24, 1992 SUBJECT: Community Development Block Grant Application ----- -------------- r----- --- - - - - -- DEPARTMENT: Housing /Community Dev. ATTACHMENT(S): Resolution PUBLIC HEARING YES: NO: x INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 ------------------------------------- PURPOSE: To authorize submission of a 1992 Small Cities Community Development Block Grant (CDBG) Application for a neighborhood in the Efland community. BACKGROUND: The N.C. Department of Economic and Community Development has announced the availability of Community Development (CDBG) funds for Community Revitalization projects. The maximum amount of funding available is $1,000,000 and applications are due on May 15, 1992. A public hearing was held on March 9, 1992 to allow citizen comments regarding community development needs in the County. During this hearing, residents of the Efland community expressed their need for CDBG funding to address their housing and water /sewer needs. Based on information received during the hearing and a preliminary assessment of the needs in this area, County staff is proposing to prepare a CDBG application for an area of Efland with the highest magnitude of community development needs. Additionally, the State will require a second public hearing after the application has been prepared to allow for additional public comment on the final application document. Staff recommends setting this public hearing date for May 4, 1992. RECOMMENDATION(S): The Manager recommends: 1. Adopting a resolution authorizing the submission of a FY92 Small Cities CDBG Application for the Efland community. 2. Setting May 4, 1992 as the public hearing date to receive citizen comments regarding the application document. `a RESOLUTION AUTHORIZING AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Orange County, that an application for Community Revitalization Grant funds from the N.C. Department of Economic and Community Development Department is hereby authorized. The target neighborhood is the Efland community and the amount to be requested is $1,000,000. The application will be submitted on or before May 15, 1992. This the day of ATTEST: , 1992 Moses E. Carey, Chair Orange County Board of Commissioners Beverly Blythe, Clerk Orange County Board of Commissioners 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 Action Agenda Item #-.0 U_ SUBJECT: PROPOSED PLANNING FEE SCHEDULE AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S): Proposed Amendment Current Planning Fee Schedule 8/26/91 Public Hearing Minutes 9/16/91 Planning Board Minutes INFORMATION CONTACT: Jane Garrett Extension 2581 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider a proposed amendment to the Planning Fee Schedule to include fees for the re- approval of expired Preliminary Plats and Site Plan Review. BACKGROUND: Re- approval of Preliminary Plats Re- approval of expired Preliminary Plats is a newly proposed procedure which was presented for public hearing on May 28, 1991. At the public hearing the Board of Commissioners requested that fees be established for the process which reflect the County's cost for processing the application. The recommended fee is $60.00. The number of anticipated reapprovals is 2 -3 per year resulting in $120 to $180 in revenues. Site Plans The Zoning Ordinance was amended in 1989 to establish application requirements and review and approval procedures for Site Plans. No fees were established. It is recommended that a fee of $117.00 be considered for site plans which require certification by a surveyor, architect, landscape architect or engineer, and $60.00 for those which do not require certification. The number of anticipated site plan reviews is a total of 12 per year, 7 which would require certification and 5 which would not. Resulting in a total revenue of $1119, $819 and $300, respectively. The Planning Board considered the proposed amendment on September 16, 1991 and recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed amendment, per the Planning Board recommendation. I 3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: PLANNING FEE SCHEDULE REFERENCE: ADMINISTRATIVE RE- APPROVAL (proposed) SITE PLAN APPROVAL ORIGIN OF AMENDMENT: x Staff Planning Board '^ BOCC Public Other: STAFF PRIORITY RECOMMENDATION: x High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: August 26, 1991 PURPOSE OF AMENDMENT: To establish fees for the re- approval of expired Preliminary Plats and Site Plan Reviews. IMPACTS /ISSUES: Re-aRRroval of Preliminary Plats Re- approval of expired Preliminary Plats is a newly proposed procedure which was presented for public hearing on May 28, 1991. The Planning Board recommended approval on June 27, 1991. Action by the Board of Commissioners is tentatively scheduled for August 5, 1991. At the public hearing the Board of Commissioners requested that fees be established for the process which reflect the County's cost for processing the application. The recommended fee is $60.00. This is the same fee charged for Minor subdivision Concept Plans. The amount of time involved in the review process for both the Minor Subdivision Concept Plan and re- approval of expired Preliminary Plats would be similar. No additional fees would be needed for Final Plat approval. The Final Plat fees would have already been paid at the time of submittal of the original Preliminary Plat. The number of anticipated reapprovals is 2 -3 per year resulting in $120 to $180 in revenues. This estimate is based on the frequency of inquiries. However, given that the procedure is simplified there may be more requests for reapprovals. Site Plans The Zoning Ordinance was amended in 1989 to establish application requirements and review and approval procedures for Site Plans. No fees were established. 4 Most Site Plans must be certified by a registered engineer, landscape architect, architect, or land surveyor. Certification is not required for additions, alterations, or accessory buildings which meet certain criteria (specified in Article 14.2.1) It is suggested that a fee of $117.00 be considered for those site plans which do require certification. The amount of time involved in this review process would be comparable to Major Transportation Corridor (MTC) Site Plan Review, for which a fee of $117.00 is charged. It is suggested that a fee of $60.00 be considered for those site plans which do not require certification. Less review time would be needed because the projects which would qualify would be more simple. The amount of time involved in this review process would be similar to that of the Minor Subdivision Concept Plan, for which is fee of $60.00 is charged. The number of anticipated site plan reviews is a total of 12 per year, 60% (7) which would require certification and 40% (5) which would not. Thus, resulting in a total revenue of $1119, $819 and $300, respectively. These figures may increase when the economy improves. It is further proposed that fees not be charged for review of site plans for single - family detached dwellings, duplexes, and accessory structures within the University Lake watershed. EXISTING PROVISIONS: No fees for Preliminary Plat Re-- approvals or Site Plans. PROPOSED AMENDMENT: Re- Approval of Expired Preliminary Plat Non - Residential Site Plan Review (Certification required) Non -- Residential Site Plan Review (No Certification required) *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ORDINANCE REVIEW SUBCOMMITTEE: 7/9/91 PLANNING BOARD REVIEW: 9/16/91 BOCC REVIEW: $60.00 $117.00 $60.00 J 0 0 PLANNING FEE SCHEDULE 5 Adopted 6/15/89 Effective 7/1/89 Ordinance Amendments $160.00 Rezoning Requests /Comprehensive Plan Amendments 160.00 + 5.00 /acre Zoning Permit 15.00 Minor Subdivision Concept Plan 60.00 Final Plat 117.00 Major Subdivisions Concept Plan 80.00 + 1.00 /lot Preliminary /Final Plat 350.00 (Single fee for both /no separate fees) + 5.00 /lot Partial Width Right -of -Way Request 81.00 Board of Adjustment - Variance /Appeal 180.00 Special Use Permits Class A 360.00 + 5.00 /acre Class B 180.00 Planned Developments 250.00 1 -4 Units or Lots +30.00 /unit or lot Home Occupation Plan Review 67.00 Major Transportation Corridor (MTC) Site Plan Review 117.00 NtOuc 14 eAQiA,1 q m 1 Aj urns 6 4. SUBDIVISION REGULATIONS TEXT AMENDMENTS a. Vested Ri hts (1) Section 11 - Definitions (2) Section III-- D -2 Preliminary Plan Approval This item was presented by Mary Scearbo. In summary this provisions were presented to receive citizen comment for the vesting of property rights as required by Senate Bill 776, ratified July 22, 1990. Senate Bill 776 provides that local governments establish ordinance provisions pertaining to the point at which property rights become vested. The provisions of Senate Bill 776 go into effect on October 1, 1991. Currently,, the right to complete a development, even if zoning regulations change, is vested when a building permit is issued. The project remains vested for as long as the building permit remains valid. A development may also be vested if there have been "substantial expenditures" made in good -faith reliance an a approved permit. The new vesting legislation is in addition to this current law, and requires that a vested right be established for at least 2 years upon the approval, after a public hearing, of a "Site Specific Development Plan ". A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 7th. VOTE: UNANIMOUS b. Payments in Lieu of Dedications - Section IV- B -7 -b -6 This item was presented by Mary Scearbo. In summary this item was presented to receive citizen comment on a proposed amendment to the Subdivision Regulations regarding the use of funds received from payments made in lieu of recreation dedication. The North Carolina General Statutes Chapter 153A- 331(a) describes the contents and requirements of a county's subdivision control ordinance. Effective June 10, 1991, this Section, as applicable to Orange County, was amended to allow the County to develop recreation areas using funds received from subdividers who make payments in lieu of dedicating land for recreation. Previously, the County could only acquire land with payment -in -lieu funds, by not developing the recreation area with monies from the same source. The proposed amendment to Section IV- B -7 -b -6 will include development of recreation areas as a use for funds received from payments made in lieu of dedication. A motion was Commissioner Carey, a recommendation to sooner than October VOTE: UNANIMOUS 5. SCHEI \(a) (b) made by Commissioner Insko, seconded by to refer this item to the Planning Board for be returned to the Board of Commissioners no 7th. )ULE OF PLANNING FEES Re-- Approval of Expired Subdivision Plats Site Plan Approval - Non - Residential Projects &S 4�V 7 (1) Plans Requiring Certification (2) Plans NOt Requiring Certification This item was presented by Mary Scearbo. In summary this time was presented in order to receive citizen comment on a proposed amendment to the Planning Fee Schedule to include fees for the reapproval of expired Preliminary Plats and Site Plan Review. Re- approval of expired Preliminary Plats is a newly proposed procedure which was presented for public hearing on May 28, 1991. At the public hearing the Board of Commissioners requested that fees be established for the process which reflect the County's cost for processing application. The recommended fee is $60.00. The Zoning Ordinance was amended in 1989 to establish application requirements and review and approval procedures for Site Plans. No fees were established. It is recommended that a fee of $117.00 be considered for site plans which require certification by a surveyor, architect, landscape architect or engineer, and $60.00 for those which do not require certification. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 7th. VOTE: UNANIMOUS There being no further business, the meeting was adjourned. The next regular meeting of the Board of Commissioners will be held on September 3rd in the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr., Chairman Beverly A. Blythe, Clerk MOTION: VOTE: MOTION: VOTE: MOTION: VOTE: MOTION: VOTE: IPLANNIN� a0A1ZD MIAJUTP,S a caretaker position in the efficiency apartment. Discussion followed regarding what is an addition as opposed to an attached dwelling. The answer was that building codes designate a separate meter which indicates a habitable or self - contained unit with kitchen facilities. Eidenier noted this amendment had already been approved for stick -built dwellings. This amendment would allow the same for mobile or modular homes. Waddell moved approval as recommended by the Planning Staff. Seconded by Reid. Unanimous. (3) Article 4.3 - Section S25 (Motor Vehicle Sales) (No presentation was required.) Reid moved approval as recommended by the Planning Staff.. Seconded by Hoecke. Unanimous. (4) Article 6.27 - Affordable Housing (No presentation was required.) Cantrell moved approval as recommended by the Planning Staff. Seconded by Reid. Unanimous. d. Planning Fee Schedule (1) Preliminary Plat Re- Approval (2) Site Plan Fee (No presentation was required.) Jobsis moved approval as recommended by the Planning Staff. Seconded by Burklin. Unanimous. AGENDA ITEM #10: PLANNING BOARD ITEMS a. Hillsborough Cooperative Planning Agreement i 8 ` U 1. OR AN G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24 1992 Action Agenda Item -6 SUBJECT: PETITION FOR ADDITION - CREEKSTONE DRIVE IN CHAPEL HILL TOWNSHIP DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) E.M. Cowan Letter of 2/24/92 Secondary Road Addition Report INFORMATION CONTACT: Eddie Kirk Extension 2582 TELEPHONE NUMBERS: Hillsborough -732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider a petition from NCDOT for approval of the addition of Creekstone Drive in Chapel Hill Township to the State - maintained Secondary Road System. BACKGROUND: The N.C. Department of Transportation has submitted a petition for the addition of Creekstone Drive in Laurel Springs Subdivision to the Board of Commissioners for review. The Board's decision will be forwarded to the N.C. Board of Transportation for their deliberation on acceptance of the road to the State - maintained Secondary Road System. RECOMMENDATION: The Administration recommends approval of the addition of Creekstone Drive in Chapel Hill Township to the State - maintained Secondary Road System. 5� ^7L a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P. 0. Box 766 Graham, North Carolina 27253 -0766 February 24, 1992 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY Orange County Mr. John M. Link, Jr., Manager Orange County 106 E. Margaret Lane Hillsborough, NC 27278 FEB 2 5 1992 DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR Subject: Petition for Addition Creekstone Drive in Laurel Springs Subdivision Chapel Hill. Township Dear Mr. Link: Attached is Form SR -4, Secondary Road Addition Investigation Report for the above subject road. This is being forwarded to you for review by your Board of Commissioners. Yours very tru y, cw E. M. Cowan, P.E. DISTRICT ENGINEER /acr Atta. cc: Mr. J. W. Watkins An Equal opportunity /Affirmative Action Employer i r NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION t DIVISION OF HIGHWAYS_ SECONDARY ROAD ADDITION INVESTIGATION REPORT County Orate Co. File No. Township Chapel Hill Div. File No. Local Name Creekstone Drive Length 0.33 Mi. Width 20 Ft. Date Subdivision Name Laurel Springs Type 1-2 Condition Good 3 Is this a subdivision street subject to the construction requirements for such streets? Yes Recording Date June 8, 1988 Book 50 Page 93 Number of homes having entrances into road 8 Other uses having entrances into road None Right -of -Way Width 50 Ft. If right -of -way is below the desired width, give reasons under "Remarks and Recommendations." Is petition (SR -1) attached? Yes Is the County Commissioners Approval (SR -2) attached? If not, why? Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Cost $ - 0 - Grade, drain, stabilize $ - , Drainage $ Other $ - Remarks and Recommendations Road meets minimum requirements-, recommend addition. Reviewed and Approved BOARD OF TRANSPORTATION MEMBER /11 4,241 Reviewed and Approved J. W. Watkins '( E. M. Cowan DIVISION ENGINEER DISTRICT ENGINEER (Do not write in this space - For use of Secondary Roads Dept.) Petition No. (Do not write in this space - For use of Planning Dept.) Form SR -4 (4/89)- X1-03395 VA: d. LA G5 0 E -r D. rl 5w NI �� 17c-- On O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24 1992 I Action Agenda Item #--nz-A SUBJECT: PETITION FOR ADDITION - CLAYMORE ROAD, LOCH LAVEN LANE AND INVERNESS WAY IN CHAPEL HILL TOWNSHIP DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) E.M. Cowan Letter of 2/25/92 Secondary Road Addition Report INFORMATION CONTACT: Eddie Kirk Extension 2582 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider a petition from NCDOT for approval of the addition of Claymore Road, Loch Laven Lane and Inverness Way in Chapel Hill Township to the State - maintained Secondary Road System. BACKGROUND: The N.C. Department of Transportation has submitted a Petition for the addition of Claymore Road, Loch Laven Lane and Inverness Way in The Highlands Subdivision to the Board of Commissioners for review. The Board's decision will be forwarded to the N.C. Board of Transportation for their deliberation on acceptance of the roads to the State - maintained Secondary Road System. RECOMMENDATION: The Administration recommends approval of the addition of Claymore Road, Loch Laven Lane and Inverness Way in Chapel Hill Township to the State - maintained Secondary Road System. .. ��d �,v Wn} my �I•.� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P. 0. Box 766 Graham, North Carolina 27253 -0766 February 25, 1992 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY Orange County Mr. John M. Link, Jr., Manager Orange County 106 F. Margaret Lane Hillsborough, NC 27278 r B 2 6 1992 2 DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR Subject: Petition for Addition Claymore Road, Loch Laven Lane, Inverness Way The Highlands Subdivision - Chapel Hill Township Dear Mr. Link: Attached is Form SR -4, Secondary Road Addition Investigation Report for the above subject roads. This is being forwarded to you for review by your Board of Commissioners. Your ve truly, E. M. Cowan, P.E. DISTRICT ENGINEER /acr Atta. cc: Mr. J. W. Watkins An Equal Opportunity /Affirmative Action Employer I I NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS. SECONDARY ROAD ADDITION INVESTIGATION REPORT County Orange Co. File No. Date 02 -18 -92 Township Qhapq1 Hill Div. File No. Local Name See Attached Subdivision Name See Attached. Length See Atta. Width 20 Ft. Type 1-2 Condition Good Is this a subdivision street subject to the construction requirements for such streets? Yes Recording Date See Atta. Book See Atta. See Atta. Number of homes having entrances into road ee tache Page Other uses having entrances into road N Right -of -Way Width See Attached If right -of -way is below the desired width, give reasons under "Remarks and Recommendations." Is petition (SR -1) attached? Yes Is the County Commissioners Approval (SR -2) attached? If not, why? Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Co.st $ - 0- Grade, drain, stabilize $ - 0 - Drainage - 0 -- $ Other $ - 0 Remarks and Recommendations Roads meet minimum re irements, recommend addition Reviewed and Approved BOARD OF TRANSPORTATION MEMBER Reviewed and Approved „7. W. Watkins , DIVISION ENGINEER DIS CT ENGINEER (Do not write in this space - For use of Secondary Roads Dept.) Petition No. (Do not write in this space - For use of Planning Dept.) Form SR -4 (4/89)- 61 -033,5 3 ,E. M. Cowcl Attachment to File: 0-89 -23 ROAD R/W NUMBER I DATE NAME T� ?iDTR LENGTH OF HONES RECORDED BOOK PAGF CLAYMOREE 60' .15 ii 08--27 -87 48 54 ROAD LOCH LAVE'N 50' .10 10 12 -22 -88 51 175 LANE 04 -26 -89 52 189 INVERNESS 50' 13 8 12 -22 -88 51 175 & EM i ii �E NIU4LAnIz)S BURNS PLL.CE r' r Ur' L.00N LAvCrI LaN CGLAYMD� RDAp - I tJ vG R n.l F- 5 S .SKYE wi y5 0.07 �. 0 tD 5 CAW I ' S I T E---� - - -- Ch.wl JIM miff � n Schwl - -� —.. - `E'lemch tar�ISc ~ I VICINITY MAP NOT TO SCALE 0 m Si IrRLINJG SIZIDGr 51 --ZZ4(-, N r e `*a 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: PERMIT TO USE PYRO- TECHNICS DURING CONCERT; UNC SMITH CENTER --------------------------------------------------------- DEPARTMENT: - PURCHASING_& CENTRAL SRVS. PUBLIC HEARING YES: NO: XX ATTACHMENT(S): T - INFORMATION CONTACT: PAM JONES LETTER OF REQUEST EXT 2650 PYRO- TECHNIC'S LICENSE INFORMATION Telephone Number - FIRE CHIEF'S LETTER Hillsborough - 732 -8181 POLICE CHIEF'S LETTER Chapel Hill -967 -9251 Mebane - 227 -2031 CERTIFICATE OF INSURANCE ----------------------------------------- Durham 688_7331 ----------------- - -- PURPOSE: To consider approving a fireworks permit for the Smith Center's concert on April 4, 1992. BACKGROUND: UNC has requested a permit to allow the use of pyrotechnics at a concert by MC Hammer on April 4, 1992. Pyrotechnics, as defined in GS 14 -414, shall "include any and all kinds of fireworks and explosives, which are used for exhibitions or amusement purposes." The pyrotechnics proposed for use at the concert are included with this abstract. GS 14 -413 empowers the Commissioners to authorize and issue permits for the use of pyrotechnics in connection with "...shows of all descriptions ... but only after satisfactory evidence is Produced effect that said pyrotechnics will be used for the aforementioneda the Purposes and none other ". County policy further requires assurance from the sponsoring agency that adequate public safety measures will be exercised; and that the County will be protected as an additional insured on the insurance policy /policies covering the event. Documents attached provide evidence that these criteria have been met. RECOMMENDATION: Carolina - Chapel sign on behalf Approve a fireworks permit for the University of North Hill, for April 4, 1992; and authorize the Chair to of the Board. III HK- 1 C. •-174 :4 r9 u r^i 1 4 1 1�0 Srh L 'r H CeH T ER UNIVERSITY QF DEPARTMENT OF ATHLETICS March 16, 1992 Ms. Pam Jones Orange County Office of Purchasing Hillsborough, NC Dear Pam: '7 19/96621 i3 P _ 02 3 This correspondence will serve as an official request from the Dean E. Smith.Cehter to obtain a certificate for use of Type C fireworks to be used with pyrotechnic displays as part of Cher performance at the hammer concert scheduled at this facility. This request is for one day only, April 4, 1992. The management of the Smith Center will insure that the liability insurance coverage naming the facility as an additional insured will be a minimum of $1,000,000.00. In addition, Mr. Dan Jones, Fire Chief of the Chapel Hill.Fire Department, has agreed to make an inspection of the pyrotechnic displays on the date of its planned usage and will also insure that all proper licenses are in effect. The Chapel Hill Fire Department maintains normal fire prexention' measures for all such events at the Smith Center. We would appreciate your favorable consideration of this request. The displays are an integral part of the performance of Hamner. The Smith Center has and will continue to notify the appropriate authorities to make arrangements for these type permits as soon as events are finajiied and under contract. We appreciate very much the -understanding we have received from city and county management regarding time restraints we work under in attempting-:to obtain the proper certification once an event is booked. Thanks once again for your help. Sincerely, AIQ ( Ned Collett Dean E. 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Ir 6�+�_ K « m N y L F o L 5 MFR 13 '92 14:88 TO ?199663173 F= POf1 h I i a h + Ow I E'n ± a i. rime n t T —Sll,)-2 P. 05 03",12/,1992 15:30 .k,k;R. t: LJ.JNA TECH :k Ic::k>Ir 205 725 4011 P-05 1 , CEPARTMUNT Of' THE TREASURY DUMEAU pp ALCOHOU, TOBACCO AND FIRSAPiMt3 LIARN601PF! 1M1'F (la U.a,C, 0?1IAPTVA 40, exPLOSIVF.6) In accordance wit" 1Ne ofovlslons of Title XI, organized Ctlrna (,Ontrol AC1 Of 1970, and the rooulatlunt rattled . A* thereunder 121 CFR Part 85), you rnaY enuaya In the aellvltt, aneclfled In this 11canse /permit wlli In the Ilmltatldnl of Chapter 40, TItle 1ta. Uhlfe4 Steles Coda and Ills royutatlons Issued tHerellnder, until the eltotrrtllom date shown. Su "WA ANING" and "N0 TIC9 0 158C k. CHIEF. F 6 [ LICENSING C[Nt[q t)IM!l'1 \11 PATE, rar, Pt'X 2994 riiiria 04 41 F-9Cj6 Waitfif0eN1thU ATLANTA• aA ?0.1Ct - ?9n4 f V11MA11I1d NAM t PYk pA LICFN�Ft? pRr•NT ;� a .. � l4',3 t�i't_.A '�f]:�.... ...- __..._ K IThFr,' AL 1 7(,� TvpEOf 14 — U tll OF L.EJW FXPPrSIVFC r Ma .111104 pEA41f Illif p I C I Nllwh CCNTrR PNCHAfIN CE&ItIFICATION ti._... I certify that thirW a true nnpy a 1 ale "r it ISIGNATUAG q�'��lerEryfEE /PttflMltT j IIfBNtipEtlA�ge�II�ILr��;� ACCRE.r�`5 w LLNA TI. :CM, INC. PYRQF'A1t 141P MOON RL, CNCSS rrAD, ",v AL 3 "161 Tn41%qm1V4/00fn1ItI6j named herein shell use a 1`e01`56u0tlon of this I 'htr erml b 4111iat a trenatefof of etrpinuve\ le verity the Iderlilly Ind ttarul of Ilu Iscomsevowmittea at ororided In P, II CP A pert 54, ThA, llynature on each feef&dUe110n mutt 1!1 bit OA 60 INAL alpnetyre, ATF F 6400,1416400,10, Part 1 (8.011 Wr"" I,,���w�wrr WMii M .r+.��rp}M .�r�n►,�r1 , MWwMrw/ �+w► r.+ w..r +k -�.r -- T-.- �r�M w � •� -.- -• - �.... . .. R r I MAR 13 '92 14:07 To 9199663173 FROM I-1 i. I? h t Owl Entailment T -902 P.02 FACSIMILE TRANSMISsioN FROM L U N A t E CN, INC. OUR PAR, 205 /795.4611 DATE; 1701 ATTN i FAXt �..,. ,t �I ; I,, .:I =,.::. NUMBER OF PAQES INCLUDING sir �y .�..- ...�..�.,.�. -...:. THIS . Following please description of pyrotechnic 4e0dl effects for the HAMMER The pyrotechni ia with HAMMER Tom Foster Date of Birth: UeCember 18, 1959 Address! c/o Luna Tecli, Ir1c, 149 Moon Drive Owens Cross Roads, Alabama 35753 Tom Foster is licensed under Luna Tech, Inc.'s: ATF P®rmit Number: 1 -AL- 045 -34 -IF -90282 ATF License Number: 1 -AL- 045 -21 -OJ -00120 ATF Type 10 License Number: 1 -BL- 000 -19 -0-11592 Please note that this information is being provided prior to rehearsals. Any changes or updated information will be forwarded as soon as we receive it, If You hove any questions or require additional information, please let us know, Sincerely, Janis D. Chamberlain General Manager 4 L TICH inc QfNrc*e And Showroom: 149 Moon Drive - Owens Gros$ rA MAR 13 '92 14:10 TO 9199663173 FROM hJ i g h t Owl En t a i nnie n t T -902 F. 08 00 +Z r �7Ary7 Q' r ti j H W 3 'l r � i TECH Inc COL �o wo r � y I a btNces end Showroom; 148 Moon hrive v oweny Cross Rosde, Alabama 38763 • y ,� I .Y COL �o wo r � y I a btNces end Showroom; 148 Moon hrive v oweny Cross Rosde, Alabama 38763 • y ,� MAR 13 '92' 14:09 TO 91996631- FROM PJigh± i =iial Eri +a�.r7ment "."I lei c5.f9 T`'�� =� F. 05 9 DESCRIPTION AND CHEMICAL COMPOSITION OF PYROTECHNIC SPECIAL EFFECTS FOR HAMMER 30 each gold 14W 411 Effects 48 each Airburst Effacts High Altitudo Silver Airburst Flash Powder, 12 oath Co""9940n.Norta,r Effects Concussion Flash powder Potassium Nitrate Sulfur Charcoal Aicyandiamide Sodium Benzoate Controlled particle size Ferrotit•anium Pyrotechnic weight; 15 grams per effect Strontium Nitrate Maynesiuni Metal Powder Controlled particle size Aluminum Pyrotechnic weight: 4 to 6 grams per, effect Strontium Nitrate Magnesium Powder Pyrotechnic weight: 14 to 28 grams per effect F, �Il' LUI'\KTECH Inc Off Cto And ahowroorn! 148 Moon o►ivP • ON9113 Crabs Roads, Alsbame 37763 MAR 13 '92 14:10• TO 919'9663173 FRI7h1 hJ i g h ± Owl E n ± a i. r, niP n + T-902 P,07 �r�ti /�ti 4111 HAMMER 1992 KEY TO STAGE DIAURAN 1 rt �i Inc 001css lend Showroom: 148 Mot WAT8RFAU 13FTFpCT AIRBURST .P_pPFC'I'S CONCUSSION MORTARS 10 l0 7c 1 11 TOWN HILL DEPART � r =2 N. Columbia St., Chapel Hill, N.C. 27516 (919) 988-278.1 TO: Pas Jones, Orange Count P rc�asing FRCfM z Dan Jones, Fire Chief SUBJECT: pyrotechnics at Smith Center DATE: March 16, 1992 I Pursuant to our conversation with Ned Collett of tJw Smith Center staff, it is our understanding of the intent to include pyrotechnics in the M.C. Hammer concert on 7lpr1l 4 at the smith center. We have no objections to this plan Vitb the following provisions: 1. we will inspect both the materials to be used and the site plan prior to final approval for the ohm on April 4. This inspection is to ensure campliasce with the permit, current Fire codes and a ~ #d safe practices. This will include a sample t wt f laq. 2. We must be assured of the appropriate creftetiole of the parson or persons responsible for the setup and actual firing of the materials. 3. we will coordinate with UNC Health and Safety ::ring ensure appropriate fire protedtion is on site the pyrotechnics portion of the show. If you have any questions, please contact either tbdk Fire Marshal or syself at 968 -2781. CC: Fire Marshal Robertson � I Ned Collett i I � Public Education • Incident 1'nvantion + Fariergency Reeponm SW+i+ia � i IG '911 9:44 t --HPF'EL HILL, Ili:- F'D CHAPEL HILL P(X I CE DEFARTMW 828 AIRPORT ROAD CX•111 L HILL, NC 27514 (919) 968 -2760 March 15, 1992 Ms. Pam Jones Purchasing Depar• Mint Orange County Offices Hillsborough, NC 27278 Dear Ms. Jones: F1•` 12 The Chapel Hill Police Department, together with the University of North Caro 1 i na Secur i ty, , w i 11 prov i de recur i ty at the Har i*r Concert on Apr 11 4, 1992. if I may be of further assistance, please call. Sincerely, Pet idergraX I nter im Ch i of of Po 1 i c:e RP:jrrW cc: Ned Collett Dean Smith (tenter k +.-,s�.,._.—..a i.. r _ q' 1- ri., l•r i� _� f^ 1�3 � as,..cF'.�....V.',,,, III IICi! , T3 HATTER QF... ONLY AW CQi i1B N4 EltiaHte Upw 4 R:IF1 'Va MOLD& •.Tm t` *MCATE TEftTAiIdMEMT INSURANCE A6ENCY, i [C. DOES NOT AIKxa, EXTEW OR ALTER TNR 000E BY THE E. SIS SERI R RD. COMPANIES AfFO19DING WVERAdE ROY+ MICHIGAN 4SO83 (313) 680 -4636 FAX (313) 524 -286& ccalaPrlwr A.,,JOLL ~'__.INS.URAME...CEM- ANY_--- .-- - -____ _....._... COWANY x o - 8888, LSTM ..._ _8888. C ._ . . __... _8888_ ._._..__...._,.....y_ R....... - -- - �......._.._ -._- -- -• - - -- - -_ -... TIN TOURS, INC. El AL r LEMR _._....__........_... _.._._.... ........ .- /!! GLICK, GLOOMY a YOB coke 1r _J 1„ETTWi Q 3166 SANTA MONICA M.W). 62490 _ _.._... A[►�ELEB - � CA 911,7 - �;�;; � - -._ - -... -.- ..__. __._ _.._ _........._....__...._._.._ -__. �.__._..._.._._._..._ _ - -•- -- LETTER ':f ��1 ,4.. ... •. :' i� ... .. ti+l :.:a'�1Y �..i3w.w�Y�ew{ i�a �.: THIS IS TC CE�Tiry THAT Tilt POLMM OF INSURANCE LISTED BELGW HAVE BEEN i UIED TO THE VMMD NAMED ABOUC FOR 7H� P01(CY PEFMG� r' INDICATLID. NOT'( rNSTANDIN3 ANY RI W PUMENT, TERN OR C:ONDRIOtd OF ANY CONTRACTOR grWA D=WNT WITH RESPECT.TO WHICK TH19 iSERT�ICAll MAY BE MUED OR MAY PER?AIN, THE INSURANCE AFF 7 BY THE POLOM DE$CROM HEREIN I4 sUalECT TO ALL TEE TER N$. paxci�bldS AF�G CQMMOOK OF SUCH PGLIM& LIMM SHOWN MAY HAVE SEEN RED�A BY PAID CMMS. :. ......... - _....... _._.. _._.._._......,,..__.........__ _ __ ._ .._�...., .._...,.... _,,...__._.....r_...... ___ ._. _ Leo ! ! TYPE OF MAUAW > MORICr !FF)GGiTYe :roLtcr E]WBtATA�fI P01lGr IuuluEn 7E ddMJt YYi naTr LIh1IT9 to maw Nt>ICJtO1l{I.LbII TY (2- 549 an Vl" 63101/93 e ral>_Aaat�bie __ - -':], `c mE`0K dm5:' LmLiTY ADDl f lONAL COVERAWS ooucre�c _ - s_ - CLAIMS MADE : oCCUF. MSONAL & AMY. I MUM ~ i 5.:.. .� EMPLOYEES ADDITIMAL INSURED __..,_ ,_ .__..,:_.__..._........i�l1�..: I. ,;O assOOwnv lw'lPDT�T LIDWQ LIABILITY �OGC�}�€1Ve�_ __ s._._........ _ _ �.._..._.__......_._.._.... ... ASSRESATE PER EVENT . - !A@ E7�8VS! glsyanepwo�l .i� Aurolrr Ilew=TY eA �a33 99(6 iP1 @31 ®1/93 �,ec BN= s - — AW AUTa, _._............._ ..._.._...._.__,.._.....;w _8888. ., ALL oNrt1E0 AuiO® emLY MAW � �ti_ : acl+souts4 Au7g9 (Per vrraml HOWD AUTO$ .. • BMW gIJt,711r. � H;iNOYVNb� AWN AAWW UASILITY acm UMILITY O! 3l 4W WAim 03/01 /93 'EACH calsRElt�t PCfRN : AWAIRGAT� . cTHOA 7F�►t't u.A l�oRlt WORM"canrwminfs IM -41PA 44/61193 srAruronvarUrs :;.:. AM ALOVF. POI... WDATES. - A. H. , IMC FrlCN�ACGUtN7 _._.. ja i., Igo._ 8ttl'LOr618• wtlEf iTY �H. mvwYfE it i 0199L. *TNrn ow WT may m WWI TO PlBom mmAmm R 7K WM FN WE AIMED (F Flo1Tus a NOX cm=, DgWRWrm Gw opmAftod JLorAT wma WSSM OF WV MMM AT WL N01 MW E . } Y�.I � �' -;,• �. i'��. i, a 'n° 4 �. ' ,?,.:2 -. I6t• MLU ANY 4M THE AHOVe 09=1104P YCLk31iS VAI4=LL:W RTiFOfitra YH9 DFAN E, SMITH CENWR EXPIRATION DATE THER[ -CF. TM ISBLII O CIWANY WILL 014MYOR TO Uk I YERS I TV OF NORTH CAROLINA :i UPAL _M DAYS wwm mace To Tm teAr71'ATE MiVER NAB TO TWE F. 04 BOX 2126 51• LEFT, HUI t- WAS Tv MAIL WC11 NOT ICS * iAL& BrlrC = NO OOMAricm oa ` CKAPEL 14IL.L Nc 873(5 ty+ LIASIUTY OF ANY KIND UPON TiU �cPAIAY.11'S A�i!I� Cif �NTATrV�S: JEFF E1..LIOTT ; µTK T Tlvt Jp Z0'd €Gi9:9%616T QL A_-t43 b 5NI 1N34NJ LLHaL 3 WRM W:60 ZT* 6T- Sti -21dW I i? -- 7 L WE� f1 14 F UAlt n T M 1992 --93 Rl1REV INSURED L3[BTXHv BUSTIN PRODUCTILINS, INC. BUSTIN TGURXX9r INC. I WSTIH RECORDS, INC. 84�STIt HANAUENEl+fTO INC- STANLEY KxRX BURRELL KNOWN AS H- C. MANNER Also Kjawk As HAMMER His vIFE, STEPHANIE BURRELL LOUIS- R. SUItML (BROTHER OF STANLEY K. BURRELL) FELICIA BURRELL (vIFE OF LOUIS K. SMELL) AUTHORY HALL (NEPHEW OF LOUIS K. BURRELL) BUST IT PUBLISAINGr STANLEY KIRK .BURRELL D /S /A BURRELL PUHLISHIiU3, INC. BUST IT p►RppUGTipNS, BUSTIK pRODUCTMUS; INC. D /VA H.C. HAMM HELP THE CHILDREN FOUNDATION THE Ft199L-93- �.LJ3VINEI. ARE "NED IUSUREDS WITH RESPECTS Him WORLDWIDE TOM A. H. ip T1[rr. ALAN RAYNCH 15 THIS f3NDORSEXENT, £PFECTIVE Q3/ &4J92 , (12401 A. M. STAX13ARD TIME). FORKS A PART OF POLICY NO. L S49 3865 ISSUED TD; RMIN TOURS, INC., ET A4 Hit GULF . N5UtaA1fC CPH IT IS HEREBY AGREED THAT GULF GL -1 t 7 /9®i, IS AKENDED TO READ; FIREWCEXS /PYROTECHR C - EXCLUSIOR IT 19 HEREBY UNDERWrE100 AND AGREED FIi MORi SlPYB ©TECHA3IC$ AftE EXCLUDED EXCEPT WHEN ACTIVATED BY A FEDERAL LICEKSED PYRO TECHNICIAN AND APPROVED IN WRITING, IN ADVANCE OP THS EVENT BY LOCAL FIRE MARSHALL (PYRO PERMIT ISSUED BY I-OCAL FIRM PfARSHALi. is CONSIDERED PROOF ) . ALL OTHER TERNS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED- 4� AlITHDRUED MSPAUSSNTATIVL TO WHOM IT MAY CONCERN: This is to certify that on March 24, 1992 (date of approv; Orange County Board of Commissioners approved fireworks display at HAMMER concert (event name) Smith Center, Chapel Hill, NC , on (location of event) the tl) a permit for a _ to be held at _April 4, 1992. (date of event) The approval is made based on the following assurances from the requestor: ...Police, Fire and Emergency Medical personnel will be on site during the event to ensure public safety and to provide appropriate traffic control; ...Liability insurances have been provided with limits suitable to Orange County. ...Site inspection was made and approval given by Chapel Hill Fire Department officials and Orange County Emergency Management personnel. Moses Carey Jr. Chair to the Board Mike Tapp Orange County Fire Marshall 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No =-T ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: Financing for E911 /CAD Hardware /Software DEPARTMENT: -Land Records /Finance PUBLIC HEARING YES NO x ATTACHMENT(S) IBM Financing Summary INFORMATION CONTACT Roscoe Reeve, ext 2500 Ken Chavious, ext 2450 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To consider a proposal for financing a portion of Orange County's agreement with IBM for provision of hardware, software, and systems integration of Enhanced 911 /Computer Aided Dispatch capabilities. BACKGROUND: On January 6, 1992 the Board of Commissioners approved an agreement with IBM for $380,727 for E911 /CAD hardware, software, and system integration services. Staff recommended at that time that non - IBM hardware /software and IBM system development, totaling $185,164, be paid over a nine month period in accordance with the payment schedule established in the agreement. Because the County has not accumulated sufficient revenues from telephone subscriber charges to cover all upfront costs at once, the balance of $195,563 was recommended to be paid on an installment basis, with details to be arranged and brought back for Board approval at a future meeting. IBM has developed a proposed financing plan that would enable the County to finance the balance for 59 months at interest rates of 5.96% for software ($11,496) and 6.06% for hardware ($184,067). For comparative purposes, staff also solicited quotations from a number of lending institutions and received quotes as low as 5.85% for 36 months. However, staff recommends approval of the IBM proposal as it will provide the longer payback period necessary to match the revenue flow from monthly telephone subscriber charges, and result in greater administrative ease and savings of staff time. The finance charges total $31,037, about $3,000 less than projected back in January. RECOMMENDATION(S): The Manager recommends that the Board approve the financing arrangement with IBM, subject to final review by the County Attorney, and authorize the Chair to sign a contract amendment for this purpose. FROM IBM RALEGHI a 01N � h NN awl a }� s s ,n V 4 7C W c g� �a 0S t7 'Y m PAGE.002 #s�s a }� s s err i t s r is �en as wr ai i O 0 D"SE� uli ap Wi Yw L7 %—* f C dl �^ / 1pA n «C147111 s a ems• a_ tC1 4 aa *s „� W Oyi t_j +t171wrq DC p a # N N �:ga00JraaO O 0400 fit C LaOa $ Vpr�iR* o' S 4DOOq•QI.iO�a+ AMft4CUOEM O}�CE V i�0i M CC Y4 N o9 a21 •�cc�� 0 -- - C Iii � —�a7,. PLarol pa e a�.�ti -9 65 • � °s_a s aIL a604 -us j.23 eo e _ r 1 1 oogsaY OrY r w 4� •w wLm 16 OSZ:O C a0- ssi n c wo i rag r � W 16 76 rw a-7/ _ a orb�ealPwdtY _ M CCO w tY�Z�rO 9aZia *2 #� 4C■ No a—al 7C rar11 #ZWE: 7 +LC�C :Nion D�A0C a =V0A04i1/i0+# q O Ip a 0IL48 Cg-0 wdr�Ol Q;,50V O C�«~O� L Di * YC6pp�VQa 71La a .c i7r�o.«r71�m'a 16 n a0 # 4& +r OLCU —�« Mcnias 4 0in1- 0,0A~OC;Lo: ON O q p O la nC e«aV Yw 0.1 �l<PM «ny� 1 �p pOPLLY7i.O p CO+#1}O b ►1}17 O t O OOCAOZ� b* M.Y. LA p Y r CCC w riJT si - V " 7i w LOCf4 *a p t a V E Z; ILJ S r 0 *77' O/O L ±a 0 x p C 7 0Q �4000aL�aL0.0i7AJiCA 1 V — I�LwcOYNzel 601�� 11- pr.O LaV4 1 1 use a17o yqj D_ 1. V 4 7C W c g� �a 0S t7 'Y m PAGE.002 ** TOTAL PAGE.002 ** a }� err is dyz wr ai a r uli OWfpJtjH �^ / INS t_j j N N S a s M CC Y4 N H� Lai; i. Iii n W 1 0. 1 1 1 W Z t a r 6 a i 7 FI p q O Ip "gym 4 ON O q p O } 0.1 1 �p O �+ r' t b ►1}17 O t O 011 OW. pd aft p%0 p Y t r 1 O 1 a i n - tr 4 x p I~ 1 N a W 1 1 yqj D_ 1. on FF 1 1 gE 1 1 tp 'p 1 1 p O N d� 4 ■ O p f 1 of IN Ll A W 1 1 ■ W W i 4 1 0 C! Oi0 Q C 9021, i IL I 1 F 1 1► b r 1b 9119 p 1 erl 7 I o a j 1 a w 1 W O 5wo r r l pObi xl J A. aI O p O 1 a l A y W ~ A F w 1 � d F C � aa4 W W 1 s Z W _ � ti 0. w 4 .J r J O J F ** TOTAL PAGE.002 ** O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 Action Agenda Item # SUBJECT: County Government Month DEPARTMENT: Personnel PUBLIC HEARING: Yes —X No ATTACHMENT(S): INFORMATION CONTACT: (1) Calendar of Events Eleanor Green, Extension 2556 (2) Proclamation TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To proclaim the month of April 1992 as "Orange County Government Month" and endorse activities planned during the month. BACKGROUND: The National Association of County Commissioners and North Carolina Association of County Commissioners encourage local governments to celebrate County Government Week in an effort to educate citizens about county government. As noted in the Calendar of Events (Attachment 1), there are number of county government activities occurring in Orange County during the month of April. These include a range of educational activities and community outreach events. For this reason, it is recommended that Orange County proclaim the month of April as "County Government Month." A draft Proclamation is provided as Attachment 2. RECOMMENDATION: The Manager recommends the Board adopt the proclamation and endorse planned activities. Attachment 1 March 11, 1992 COUNTY GOVERNMENT MONTH CALENDAR OF EVENTS April 1992 March 24 Commissioners Sign Proclamation For County Government Month All Month Speakers Bureau Offered To School and Civic Groups All Month Public Service Announcements by Commissioners Run On WCHL All Month Weekly Publicity Sent To Newspapers Regarding County Government Activities All Month Social Services Appreciation Month Activities April 5 -12 Public Health Week Activities April 14 Official For A Day Program (Student Commissioners to attend Commissioners meeting on April 6 in preparation for the Official For A Day Program) April 12 -18 National Telecommunicators Week Activities April 24 Recognition Breakfast for Social Services Employees April 20 -26 Community Development Week Activities April 30 Orange County Volunteer Recognition Reception April 30 "In Touch With Orange County" Comes On Line i Attachment 2 PROCLAMATION COUNTY GOVERNMENT MONTH WHEREAS, The.North Carolina Association of County Commissioners and the National Association of County Commissioners have urged citizens across the state and the nation to learn more about county government's role in our lives, and WHEREAS, Orange County government has served the citizens of the County since 1752 and places its emphasis on addressing citizens concerns and needs, and WHEREAS, The elected and appointed officials of Orange County take pride in serving the citizens in the County and in letting each citizen know he or she counts, and WHEREAS, County government provides a wide range of services including public safety, community planning and human services, which have a direct impact on citizens, and WHEREAS, Citizens may learn about county services and resources through outreach efforts by provided County officials. NOW THEREFORE, We the Orange County Board of Commissioners do hereby proclaim the month of April 1992 as Orange County Government Month, and further encourage all citizens to become familiar with the services provided by Orange County government. This the twenty - fourth day of March, 1992 By: Moses Carey, Jr., Chair Orange County Board of Commissioners ORANGE COUNTY BOARD OF COMMISSIONERS 1 Action Agenda Item No. j- g ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: Proclamation of April, 1992 as Social Services Employees Appreciation Month in Orange County -------------------------- DEPARTMENT: Social Services PUBLIC HEARING YES: NO: X ATTACHMENT(S): Proclamation INFORMATION - CONTACT: Marti -Pryor -Cook ext, 2802 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 - PURPOSE: To proclaim April, 1992 as Social Services Employees - - Appreciation Month in Orange County. BACKGROUND: The Social Services Board requests that April be proclaimed Social Services Employees Appreciation Month. RECOMMENDATION (S) : The Manager recommends that April, 1992 be proclaimed Social Services Employees Appreciation and that the Chair sign the Proclamation. ORANGE COUNTY COMMISSIONERS 2 P.O. Box 8181 HILLSBOROUGH, N.C. 27278 Moses Carey, Jr. 732 -8181 Alice M. Cordon 968 -4501 Stephen H. Halkiotis 688 -7331 Verla 1. Insko 227 -2031 Don willhoit P R O C L A M A T I O N 644 -3004 (Fax) SOCIAL SERVICES EMPLOYEES APPRECIATION MONTH WHEREAS, Social Services Employees administer a wide range of service programs designed to provide Orange County citizens basic resources and social work services to maximize their well -being and self determination; and, WHEREAS, Social. Services Employees act on behalf of all citizens to prevent abuse, neglect, and exploitation of children and disabled adults, and when necessary, intervene to protect them; and, WEM Social Services Employees are caring professionals who are committed to serving Orange County citizens in a compassionate, confidential manner; and, WHEREAS, Orange County wishes to set aside a special month to recognize the vital contributions of Social Services Employees in Orange County; and, NOW THEREFORE, We, the Orange County Board of Commissioners proclaim April, 1992. as "Social Services Employees Appreciation Month" in Orange County, and urge all citizens to join us in honoring our Social Services Employees. GIVEN UNDER MY HAND AND THE SEAL OF THE COUNTY OF ORANGE ON THIS THE FIRST DAY OF APRIL IN THE YEAR OF OUR LORD, NINETEEN HUNDRED AND NINETY ONE. Moses Carey, Jr. Orange County Board of Commissioners YOU COUNT IN ORANGE COUNTY! 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. .7 Vr4 Meeting Date: March 24, 1992 SUBJECT: Proclamation of Public Health Week DEPARTMENT: HEALTH PUBLIC HEARING: yes X No ATTACHMENT(S): INFORMATION CONTACT: Draft Proclamation from the HEALTH DIRECTORS OFFICE X2411 County Commissioners TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To officially recognize Public Health Week from April 5 through April 11, 1992. BACKGROUND: The Report on the Future of Public Health by the Institute of Medicine, 1988, redefines public health a$, "what we, as a society do.callectively to assure the conditions in which people can be healthy." In order to inform the public of the achievements in public health, to help our citizens gain a greater understanding of public health services, and to urge a strong commitment to healthy living, Public Health week has been established for statewide observance from April 5 - April 11, 1992. The Health Department has planned a variety of activities (which are listed below) to raise the consciousness of public health in our County. 1) Health Fair: Located at University Mall in Chapel Hill and Walmart in Hillsborough 2) Health Report card: Information from Community Diagnosis 3) Banners displayed downtown Hillsborough and chapel Hill 4) Include "Public Health Week- notification on septic System brochures to be distributed to Orange County citizens 5) Distribute "Public Health Week- bulletin to area churches 6) Luncheon (Health Feast) for health department employees RECOMMENDATION(S): Proclaim Public Health week from April 5 through April 11, 1992, and authorize the Chair to sign. 2 PUBLIC HEALTH WEEK PROCLAMATION FROM THE COUNTY COMMISSIONERS WHEREAS, The State of North Carolina has adopted the week of April 5 through April 11, 1992, as Public Health Week in North Carolina; and WHEREAS, The public health facilities in Orange county serve thousands of our citizens each year; and WHEREAS, Public health assures a cleaner, safer, more wholesome environment in which to live; and WHEREAS, Healthful living is the major prevention of the financial burdens of disease and chronic illness; and WHEREAS, concerned, informed and active citizens will ensure a healthy future for orange County; THEREFORE, We hereby proclaim April 5 through April. 11, 1992 as PUBLIC HEALTH WEEK in orange county, with the theme "Healthy Living." chair, Board of Commissioners Orange County l 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. Y -A ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: Educational Program for Conventional Septic System Owners DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2411 1) Draft Cover Memorandum 2) Draft Brochure (Under separate cover) TELEPHONE NUMBER: 3) Estimated Budget Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To inform the Board of Commissioners of the information to be sent to homeowners who have a conventional septic system. BACKGROUND: Pursuant to the commissioners' request that homeowners with conventional septic systems receive information about the function and maintenance of their systems, the environmental health staff have adapted information published by the National small Flows Clearinghouse and have reviewed several successive drafts with the Manager which have been further revised using the able assistance of the Management Analyst, Sharron Siler. We are still awaiting permission from the publisher to use several drawings which we have adapted to local circumstances. Kermit Lloyd has analyzed his tax listings to produce a mailing list that targets conventional septic system homeowners with 95% confidence. Therefore, a few homeowners will receive the brochure who do not actually have a septic system, and we may not reach a very small number of septic system owners who have not been identified by Kermit's process. However, the vast majority of the 15,000 septic system owners will be contacted. Also, attached for your information is the estimated budget for the cost of this educational initiative. The expenses will be covered within the overall health department budget. The Board of Health has reviewed these documents in draft form and gave the health director latitude to incorporate any feedback from the Commissioners. RECOMMENDATION(S): The manager endorses the attached information and requests feedback from the commissioners. ENVIRONMENTAL HEALTH DIVISION P.O. sox 8181, 306C Revere Road ANIMAL CONTROL DIVISION P.O. Box 8181. 304 Revere Road Hillsborough, N.C. 27278 HILLSBOROUGH (919) 732 -8181 Oftooge County 54edth "l eplooment Daniel B. Reimer, MPH, Director �egnty of t I,� As I� CHAPEL HILL (919) 967 -9251 MEBANE (919) 227 -2032 USERS OF SEPTIC TASK SYSTEMS 2 0 Q � V V PERSONAL HEALTH DIVISION DENTAL HEALTH DIVISION P.O. Box 8181, 300 W, Tryon St. Hillsborough, N.C. 27278 In an effort to minimize the threat to health and the environment, the Environmental Health Section of the Orange County Health Department is conducting an education program for owners /users of septic tank systems. The enclosed material is an attempt to. help You understand what a septic tank system is, how it works and what Precautions and maintenance are required. These brochures are directed primarily at users of conventional, gravity flow, septic tank systems. If you have a septic tank system that uses a pump or is something other than a conventional system, there are other maintenance concerns. Our intention is to further educate users of these more complex systems through expansion of our program. In the meantime, if you have one of these systems, that you feel needs attention, please call us. SOUTHERN ORANGE OFFICE: Carr MITI Mall, Suite 225, 100 N. Greensboro St, Carrboro, N.C. 27530, (919) 968 -2022 DURHAM (919) 688 -7333 4 m pG^1�V' EDUCATIONAL PROGRAM FOR CONVENTIONAL SEPTIC SYSTEM OWNERS ESTIMATED BUDGET Temporary Help - sheltered Workshop Orange High School stuffing envelopes $776.00 Two orange -A -Temp @ 80 hrs. x $4.85/hr. Postage 15,000 @ $.21 3,150.00 Printing one brochure @ 15,000 x $59.20/1000 888.00 One cover letter @ 15,000 x $32.08/1000 481.50 Envelopes @ 15,000 x $23.50/1000 352.50 1,722.00 supplies 15,000 labels 20.0,0 TOTAL $5,668.00 I ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: 1991 -1992 Budget Status DEPARTMENT Manager /Budget -------------------------------- ATTACHMENT (g) Action Agenda Item No vII - (3 ' ` +`_ " PUBLIC HEARING YESNO s`__ INFORMATION CONTACT Budget Budget Office 2151 Report on Current Year Bud 4 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To receive a report on the status of the current year budget and to communicate to the Board what actions the Manager plans in order to ensure that the County maintains its favorable financial condition. BACKGROUND: Since the beginning of the fiscal year we have been closely monitoring the monthly general expenditures and revenue line items. More stringent monitoring was prompted by our concern for the general state of the economy, the lack of data from the State regarding the exemption (through reimbursements) of the State from paying the local option sales taxes (and therefore the inability to estimate the impact of this action), and declining interest rates on the County's investments. The attached report provides an update of the current year revenue and expenditure estimates. RECOMMENDATION(S): The Manager recommends that the Board receive the report for information only. 2 ORANGE COUNTY HILL- SBOROUG H NORTH CAROLINA ✓,y1�r� &rta"sired >7s2 TO: Board of County.Commissioners FROM: John Link, County Manager SUBJECT: Current Year Estimated Revenues and Expenditures DATE: March 17, 1992 The Budget staff has completed a detailed analysis of our current year general fund budget. From this analysis it appears that, excluding the fund balance appropriated, expenditures will exceed revenues by approximately $100 - 200,000. This is good news considering that we have faced two major losses in revenue: State paid local option sales taxes and lower than anticipated earnings on our investments. Over the past several years, revenues have exceeded expenditures each year ranging from $2.8 million in 1987 -88 to $425,000 in 1990- 91. This pattern has helped achieve the goal established in 1987 by the Board of Commissioners to increase the amount of fund balance to a minimum level of eight percent of the total general fund budget. we are projecting one cent local option sales tax revenue (which represents sales tax collected and disbursed in orange County) to fall short of the budgeted amount by approximately $700,000. This shortage is due primarily to State agencies now exempt from paying local option sales tax. On the other hand, the two one half cent sales taxes, which are sales tax revenues collected Statewide and disbursed to orange County based on our percentage of Statewide population, are projected to exceed the budgeted amount by $200,000 (see Figures 1A and 1B). The current Board policy transfers the full amount of the two one half cent sale tax revenues to capital projects. In this report we have shown the full amount being transferred to capital projects, although the Board may wish to consider altering this policy at some later date. The other major revenue source which will fall short of the budgeted amount is investment earnings. Last spring when the budget was prepared, interest rates were approximately 7 percent, and projected to continue in this range. Currently we are earning approximately 4.5 percent on our investments. It appears that we will realize approximately $500,000 in general fund investment earnings, which is about $300,000 less than the amount budgeted. AREA CODE (919) 732 -8181 • 968 -4501 • 688 -7331 • 227 -2031 • FAX (919) 644.3004 Ext. 2300 Board of County Commissioners March 17, 1992 3 All other revenue sources appear to be very close to the budgeted amounts. Slight positive variances are offset by other slight negative variances. From our estimates it appears that we will end the fiscal year still within the approved budget, in that we anticipate using approximately $200,000 of the total appropriated fund balance of about $488,000. But in order to better position ourselves for next fiscal year and to minimize further impact on fund balance, I am planning administrative action to try to ensure that we expend 98% or less of the general fund budget. Below are some suggested steps in order to help achieve this: 1. Adjust the purchase cut off day back to May 1. We estimate that this may save in the range of $100,000 to $150,000. 2. Purchase only capital outlay items which are on the capital outlay listing as approved when the budget was adopted except in cases of emergency (equipment failure, for example). This may save approximately $10,000 to $20,000. 3. Require approval by the Manager's office of all travel associated with conferences and training for all conferences, seminars, courses offered after April 1. This could save approximately $5,000. 4. Request Board of Commissioners's approval to allow the general fund to maintain the surplus realized from the two one half cent sales taxes. This action equals approximately $200,000. 5. Require Manager's approval before recruiting for any vacant position. This is not a.freeze on hiring, but is a step that will ensure that only critical positions are filled. This could potentially save $10,000 to $20,000. The total savings of these steps is between $325,000 and $395,000. Staff and I will continue to closely monitor the budget and advise You of any change in the present analysis. Staff is also looking at current County capital projects to determine if funds could be freed by altering the schedule and /or scope of some of these projects. 4 GENERAL FUND SUMMARY REVENUES Taxes 89 -90 90 -91 91 -92 Sales Taxes ACTUALS ACTUALS ESTIMATED EXPENDITURES 238,766 235,797 253,000 Community Maintenance 531,641 565,327 655,000 General Administration 1,912,766 2,082,222 2,239,000 Taxation and Records 1,495,014 1,661,225 1,770,000 Community Planning 1,090,765 1,205,777 1,246,000 Human Services 9,095,460 10,573,262 11,777,000 Public Safety 4,202,055 4,590,739 4,855,000 Public Works 2,054,604 2,195,809 2,282,000 Education 12,995,225 14,557,549 16,361,157 Non - Departmental 9,506,446 9,001,909 9,273,000- TOTAL:: 4,83,7 ,43,351 5a, S7 REVENUES Taxes 25,913,978 28,741,003 31,310,000 Sales Taxes 7,928,982 8,074,951 8,000,000 Licenses & Permits 238,766 235,797 253,000 Intergovernmental 6,128,894 6,668,847 7,300,000 Charges for Services 1,552,173 1,525,475 1,752,000 Investment Earnings 829,258 731,131 500,000 Miscellaneous 172,976 256,392 175,000 Transfers In 1,274,580 625,000 1,030,000 Appropriated Fund Balance _,. 138,1 '.::::: '` Jjii'. i<. ii: ii:::::.:: �::`:::.;:.;;;;:. .,;:::: c :i::i::i::i'9;:;:::i::i<::: ?:; f ... 17- Mar -92 06:09 AM I Figure lA. One Cent Sales Tax Revenue.bv Ouarter since FY 1988. W 0 0 0 0 cr) • co le •• •• • • do m op 4w NO w • I P1110, 10000 • Co • le • CY) • Co • S •• •• • • i� • + .. • s • i • • 96 W do m op 4w NO w • • • • i • • 96 0 i • i .. • .. .. • • W CD W N 0) X 1 Y � I W W r 1 J M r/ I F— C o Z o� 1 W >- °' cd 0 m Lj LL W J � Q z 1 = W 00 W � W Z Co Q 1 oo F- Figure 1B• One Half Cents:. Sales Taxes Revenue by Quarte since FY 1988. 6 w WOMMOMMMEN INON, N r + 0 • • 0 0 r 0 0 r r 0 0 r • 0 0 0 • • r r 0 • • 0 • 0 0 0 w • • w • 0 + Co • qt Cq 6 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No.�C SUBJECT: OWASA QUARTERLY Meeting MARCH 24, 1992 ---------- - - - - -- - - - - -- DEPARTMENT: - COUNTY COMMISSIONERS PUBLIC HEARING _ _YES: __ -_ _ __ _ _ NO: X ATTACHMENT(S): YES - REPORT INFORMATION CONTACT: - MOSES CAREY,JR. TELEPHONE NUMBER - Hillsborough - 732-8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 - - - PURPOSE: To report to the CountyCommissioners on OWASA activities BACKGROUND: During the Goal Setting Retreat in December, 1990, the Board Of Commissioners requested that the OWASA Board of Directors be asked to submit a quarterly report to the County Commissioners. This report will help the County Commissioners identify any areas or issues that may have Policy implications for the County. The report has been included as an attachment. A representative from the OWASA Board of Directors will be present to answer any questions the'Board may have. RECOMMENDATION(S): Accept the report as information. MAR -18 -92 WED 14:56 0. W. A. S. A. Orange Water and Sewer Authority 400 Jones Ferry Road OWASA P.o. Box 366 Carrboro, NC 27510 (919) 968 -4421 REPORT TO THE ORANGE COUNTY BOARD OF COMMISSIONERS MARCH 24. 1992 As you are no doubt aware, on March 2 the North Carolina Division of Environmental Management imposed a moratorium on new sewer connections in the Bolin Creek drainage basin. The affected area Is upstream from East Franklin Street In Chapel Hill, and also includes a substantial portion of newly developed areas in Carrboro adjacent to Bolin Creek. Excessive stormwater inflow during unusually intense rains caused several manholes to overflow three times since January. During the past four Weeks, OWASA crews have identified sources and made repairs that will significantly mitigate the problem. These efforts are continuing. Additionally, we have awarded a $142,000 contract to replace 2800 'Feet of defective sewer line tributary to the Bolin Creek interceptor. work will be completed by the end of April. We anticipate the moratorium will be removed in May or June. gang Cre k Reservoir Design work is nearly complete for OWASA's Cana Creek recreation area. We hope to open the sit@ this Fall with facilities that will be modest and low key - similar to those at University Lake. We'll have a concession and dock area for small boat rental, as well as picnic and restroom facilities. The Stanford House is not undergoing improvement at this time, but may be available for public use on a limited basis. The Board of Directors has Instructed staff to investigate possible future modifications that might allow its use for natural history exhibits or small meetings, We're continuing to install a minimum amount of security fencing An Equal Opportunity Employer 0. W A. S. A. FAX NO. 9199684421 P.0-3 Report to Orange March 24. 1992 County Commissioners Page 2 at several problem areas near the Cane Creek Reservoir. In spite Of diligent efforts by nearby homeowners, there seem to be several sites where persistent trespassing can only be controlled by fencing, The board of Directors adopted a policy which requires 45 days notice to adjacent landowners before fencing is installed. Reports are that the Initial misunderstandings are being worked through successfully. OWASA will only fence what is necessary to assure the safety and integrity of the water su 1 There has never been an intent to fence all or substantial pp y. portions of the reservoir perimeter. With the installation of a fire hydrant near Apple ponds we have provided both the Orange Grove and White Cross Volunteer Fire Departments access to emergency water from the Cane Creek Reservoir. Both groups have been able to use a hydrant near the Cana Creek Dam for the past two years. OWASA is working with residents in the Cane Creek area In several ways to improve communication. Ling tttt�tsna In response to a request from the Landfill Siting Committee, the Board of Directors submitted comments expressing their concern about Site OC -Z, part of which abuts OWASA property adjacent to Cane Creek Reservoir. Water p ter! During the current fiscal year, Z'a pleased to report that OWASA purchased three separate tracts of land totalling more than at acres under our Watershed Protection Critical Lands Program. Additionally. we obtained a conservation easement for another 23- acre tract on which all future owners will be limited to a i dwelling unit per 10 acre building density. We hope to Purchase additional development watershed rights in University Lake and Can@ Creek. This appears to be more cost- erfective than fee simple acquisition, but provides a desired level of protection while leaving the Property in private ownership and on the County tax MAR -18 -92 WED 14:57 a. W. A. S. I FAX N0, 9199684421 Report to Orange County commissioners March 24. 1992 Page 3 roll• OWASA is also.working closely with the owners of a dairy farm on Morgan Creek upstream of University Lake, where this one source appears to be contributing almost 40 percent of university lake's total annual phosphorus load. We are continuing to work with the $oil Conservation office and the owners to improve the situation. C r As you know, we received a request last month from the Chatham County hoard of Commissioners to purchase water froo OWASA. we immediately shared this correspondence with you and the Towns, and will continue to apprise you of further information that we receive. OWASA's annual budget process is in full gear. Our financial picture is similar to yours - which is to say, tight. The Board of Directors is committed to keeping any rats increases for FY 93 as low as possible. With additional regulatory requirements and demands for increasing levels of services including increased sewer system surveillance and maintenance, we'll face some difficult choices. We now have a rate study underway. It has been 7 years since we had an in -depth study by an outside consultant. we are now reviewing the overall structure of OWASA's rates and fees through a comprehensive analysis by the nationally recognized consulting fire of Black • Veatch. We will be examining needs and sources of revenue, and how to equitably allocate the fee structure among the various customer groups. Results are due within the next couple of months. V1 O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 24 1992 Action Agenda Item # D SUBJECT: REPORT ON DURHAM - CHAPEL HILL - CARRBORO (DCHC) TRANSPORTATION ADVISORY COMMITTEE (TAC) MEETING DEPARTMENT: PLANNING PUBLIC HEARING Yes _x —No ATTACHMENT(S): INFORMATION CONTACT: Gene Bell Ext. 2589 BACKGROUND: RECOMMENDATION: DK9:TACRPRT.DOC TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 To present a verbal report on issues discussed at the TAC meeting on March 18, 1992. At the TAC meeting of March 18, two items were discussed which may require future BOCC action: 1) Eno Drive Corridor Study - This project is also known as the Durham Northwest & Northeast Loop Corridor Study. Two possible corridors identified for eastern Orange County will presented. Upcoming meetings on the project and opportunities for BOCC input will also be discussed. 2) Transportation Improvement Program (TIP) - It was reported at the TAC meeting that the period for input to the TIP has been extended beyond the original March 6 deadline. Planning staff will make an effort to determine opportunities for BOCC review and comment on the requests of Orange County municipalities as well as input on County needs. Receive as information. I 1 1. t ORANGE COUNTY BOARD OF COMMISSIONERS Action Agendda�arr __ ACTION AGENDA ITEM ABSTRACT Item No. V SUBJECT: ORIENTATION Meeting BORARDDS2ANDICOMMISSIONS DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING _ YES: _.._______ - N0: X - ATTACHMENT(S): YES _ - ` - _ _ INFORMATION CONTACT: Dan Reimer TELEPHONE NUMBER - Hillsborough - 732_8181 Chapel Hill - 968 -5401 Durham - 688 -7331 - - -- Mebane - 227 -2031 PURPOSE: The purpose is to present for- the_Board's consideration a _ resolution which outlines policies and procedures governing appointments to the various boards and commissions made by the County Commissioners as well as an orientation program. BACKGROUND :In November, 1990, a committee was appointed to: 1, develop an orientation session for newly appointed members; 2. examine current recruitment methods; 3. formulate a recognition program for citizens who have served on boards and commissions; 4. bring back suggestions within six months for your consideration; RECOMMENDATION(S): Discuss and consider adopting the resolution entitled "Orange County Appointment and Orientation Process for Boards and Commissions. 2. RESOLUTION .. ORANGE COUNTY APPOINTMENT AND ORIENTATION PROCESS FOR BOARDS AND COMMISSIONS WHEREAS, it is the statutory duty of the Orange County Board of Commissioners, as the Governing Body of Orange County, to appoint persons to various boards and commissions to assist in the operation of county government; and WHEREAS, the Board of Commissioners wants to appoint qualified, knowledgeable, and dedicated people to serve on these boards and commissions and therefore solicits the interest and input of the citizens of Orange County in making.said appointments; and WHEREAS, the Board of Commissioners is of the opinion that written policies and procedures will increase public awareness of the various appointments that are to be made from time to time and increase the public's interest in the solicitation by the Board of Commissioners of information and recommendations from the public that will assist the Board of Commissioners in the appointment of qualified; knowledgeable, and dedicated persons to serve on the various boards and commissions; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the policies and procedures governing appointments to the various boards and commissions made by the Board of County Commissioners are as follows: 1. Any citizen of Orange County is eligible to serve on the appointed boards or commissions of the County where such appointment is not prohibited by state statute. All appointments will be made according to the applicable statute, ordinance, resolution or policy that created the board or commission. Discretion will be used when considering County employees for membership on any of the boards or commissions. 2. The County Commissioners may recruit through public advertising, membership committees on active boards and commissions, talent bank, Volunteer Action Center, In- Touch with Orange County, speakers bureau and information line as well as receive recommendations from any Commissioner during a regularly scheduled meeting. 3. Appointments for extraterritorial members and alternate members to city boards shall be done in accordance with G.S. 160A -362 which requires a city to give representation to the residents of its extraterritorial zoning jurisdiction on its planning board and the board of adjustment. When a vacancy exists, the municipality will be requested to provide to the Board of County Commissioners a resolution with a recommendation for that 3• Page 2 vacancy. The Board of County Commissioners may solicit other applications for said vacancy if they so desire. if the Board of County Commissioners does not make the appointment within 90 days after receiving a resolution from the City Council requesting such action, the city Council may appoint outside members in accordance with the General Statutes. 4. Appointments will be made quarterly. The expiration of terms for members presently serving on boards and commissions will be adjusted to the nearest quarter ending date. 5. No citizen of Orange County shall serve in more than two appointed positions of Orange County Government unless exempted by the nature of the position he or she may hold in Governmental Service. This policy shall not apply to individuals who serve on boards or commissions or as .appointees to any organization because of their official position or because of a statutory or regulatory requirement that a particular type professional individual serve as an appointee if no other qualified person can be found. This policy shall not apply to any orange County Commissioner who serves on any board or as an appointee to a board because he /she is a County Commissioner. 6. For boards/ commissions which are not state mandated, the Board's policy is to limit the length of service to two - three year terms on the various boards and commissions on which citizens are appointed. This time period does not include required training programs. This will allow for more individuals to serve and for diversity of opinions. It will also provide for conformity in the length and number of terms for those boards and commissions that are not state mandated with set terms. This policy may be waived if the Board of Commissioners determines that the removal of an individual made ineligible by this policy would be detrimental to the functioning of that board or commission. 7. if an appointee, in any calendar year, has unexcused absences which constitute more than 25 percent of the Board meetings which he or she is required to attend pursuant to his or her appointment, he or she is obligated to resign. Excused absences are defined as absences caused by events beyond one's control. If the individual refuses to resign, he or she may be dismissed by action of the Board of County Commissioners subject to state or local law. A calendar year is to be defined as a 12 -month period beginning on the date of appointment. Page 3 If a board or commission has in their bylaws a policy which is more stringent than this policy, it may stand. For those boards and commissions without an attendance Policy, this policy will prevail. The Clerk to the Board shall request all new appointees to certify that he /she understands the attendance policy. 8. The rate of pay, if any, to members for serving on boards and commissions shall be established by the Board of Commissioners in accordance with the General Statutes. Records for pay purposes shall be submitted by the appropriate department to the finance Officer for monthly disbursement. 9. Orientation training will be offered to all new appointees to the Boards and Commissions which are ongoing. This does not include those boards and commissions, task forces or committees of short duration. The orientation will be offered twice a year in January and July. Other training will be offered during the year. The purpose of this training is to supplement rather than replace any specific training needed for a person to serve on a particular board or commission. 10. Individuals who go off of a board or commission will be recognized at the annual Volunteer Recognition dinner. A person must serve at least one year to be recognized in this way. County Commissioners will continue to send letters of appreciation to board and commission members. Each board and commission may recognize its members as it deems appropriate. 11. The Board of Commissioners reserves the right, at any time and for any reason, to remove any member of any board or commission when a motion for removal receives the vote of a majority of the entire membership of the Board. This policy shall become effective upon enactment. All subsequent appointments to boards and commissions by the Board of Commissioners shall be carried out under the provisions of this policy. 4. a 3 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No YZ_,6 Meeting Date: March 24, 1992 SUBJECT: 1991 Culbreth Park Tax Exemption -- - - -- _---- - - P and Refund Request _- DEPARTMENT: Assessor PUBLIC- HEARING- YES -- - - - - - - -_ --------- - - ---- -- _ __ ___ NO x ATTACHMENT (S ) INFORMATION- CONTACT ____ ^- ---- - 2/12/92 Letter from Culbreth Park Kermit Lloyd, ext 2100 9/23/91 Property Tax Exemption TELEPHONE NUMBER Application from Culbreth Park Hillsborough 732 -8181 Chapel Hill 468 -4501 Mebane 227 -2031 ------------------------------ ---- - -- --- Durham - -------- 688- 7331 - -- PURPOSE: To consider a request from Culbreth Park Development Corporation for 1991 property tax exemption on certain properties used for affordable housing, and refund of property taxes paid. BACKGROUND: On September 23, 1991, Culbreth Park Development Corporation filed an application for exemption from 1991 property taxes on a number of lots in the Culbreth Park subdivision. On October 7, 1991, the County Assessor denied the request for two reasons. First, the application was made to exempt all of Culbreth Park as an entity, but the development did not qualify as such. Second, the application was made "untimely." NCGS 105- 282.1(a) requires property owners seeking exemptions to make application during the listing period, which ended on January 31, 1991 for tax year 1991. The same statute does make provision for a board of county commissioners to approve an application for exemption made after the close of the listing period, "upon a showing f ood applicant for failure to make a timely application." cTheeattached letter from Culbreth Park provides an accurate assessment of the situation and presents their case for good cause for the delay in making application for exemption. Culbreth Park specifically requests refund of $9,639.94 in 1991 property taxes and interest for 24 lots that would have qualified for exemption had a timely application been filed. The requested relief applies only to tax year 1991. During the past few months, the Assessor has held lengthy discussions with Culbreth Park representatives and members of the Institute of Government and North Carolina Department of Revenue staffs. This discussion led to lot -by -lot review and agreement about which Culbreth Park properties are qualified for exemption and which are not. The County Assessor and Culbreth Park representatives are in agreement over the status of exempt and non - exempt properties for tax year 1992. K RECOMMENDATIoN(8): As the Board decides. In considering its decision, the Board may wish to consider applying mitigating criteria parallel to those it uses in granting exceptions to policy in certain zoning or subdivision cases, for example: the quality and length of time of experience of agency personnel in dealing with property tax matters; whether the activity involved will tend to aid or meet an important public policy goal established by the Board of County Commissioners; and impact of unpredictable illnesses or permanent physical and mental disabilities of agency personnel. Culbreth Park idwbhhl�- Lu(brerb Park: .4 development built to bang the rommunirY bark home. Mr. Moses Carey, Jr. Chairman Orange County Board of Commissioners P.O. Box 8181 Hillsborough, NC 27278 Dear Commissioner Carey: February 12, 1992 This letter is to follow -up on our discussion of property tax exemption for Culbreth Park Community Development Corporation for 1991. Culbreth Park appeals to the County Commissioners for a refund of $9,639.94 for taxes and interest paid on 24 lots for 1991 as detailed in the attachment. After lengthy discussions with Kermit Lloyd, John Horner and Rob Visser, the status of our September 23, 1991 application is that the county staff agrees certain lots qualify for the exemption. However, since our application was late (deadline was January 31, 1991), the staff says Culbreth must appeal to the Board of Commissioners for approval as outlined-in statute 105- 282.1(a)(5): Upon a showing of good cause by the applicant for failure to make a timely application, an application for exemption. or exclusion filed after the close of the listing period may be approved by the...board of county commissioners ... as appropriate. An untimely application for exemption or exclusion approved under this subdivision applies only to property taxes levied by the county or municipality in the calendar year in which the untimely application is filed. Our reason for good cause is simple. The individual who designed, developed, and managed Culbreth Park became gravely ill in the Fall of 190. During that time no one was able to devote the necessary management time to control a $5 million project. Since Culbreth had endeavored to keep management costs low, there was no management back -up to fill in. In February, 1991 my partner and I were hired by Culbreth Park to provide the necessary management support. 3 4 CULBRETH PARK, 103 Culbreth Park Drive, Chapel Hill, N.C. 27516 telephone 932 -2456 -2- M It was not until September of 1991, when the property tax bills were sent, that we became aware that the county was expecting property taxes on the lots. At that time we applied promptly to the County for an exemption. Note that we did apply in the calendar year in which the property taxes were levied as required by the statute. There has been much correspondence on the matter since the original application and enclosed is a set of copies of my letters. On October 7, 1991, Kermit Lloyd denied our request for two reasons - -- first, he understood we were merely a construction corporation and second, our application was untimely. Since that October 7 letter we have been working to convince the county staff that we are a non -- profit focussed on providing homes to low and moderate income people. That has been accomplished. The only remaining barrier is a decision as to whether or not we have shown good cause for a late application for exemption. We need your support on getting the Orange County Commissioners to approve our appeal. Please let me know if you need further information (W- 919 - 968 -3540, H- 919 -266- 2032). Sincerely, I f I Cra ford Crenshaw General Manager Culbreth Park i 1991 TAXES-- CULBRETH PARK CDC: C. I I.` fl / I L I APPLICATION FOR EXEMPTION MAP 7.122D, TOWNSHIP ACCOUNT 7- 155082 5 LOT# DATE TOWN 2ND ENERGY GRANT CDBG TAXES INTEREST TOTAL STATUS COMMENT PAID PAID PAID 1 2 FEB 92 12/6/91 YES YES YES YES YES YES $730.69 $692.21 $14.62 $745.31 BUILT REFUND 3 7/30/91 YES YES YES $408.47 $0.00 $0.00 $692.21 $408.47 BUILT REFUND 8 10 9/30/91 7/30/91 NO YES NO YES NO $677.35 $0.00 $677.35 BUILT REFUND BUILT CPCDC OFF 15 11/8/91 YES NO YES YES $317.44 $612.55 $0.00 $317.44 BUILT REFUND 16 MAR 92 YES YES YES $705.02 $0.00 $14.11 $612.55 $719.13 BUILT REFUND 17 18 7/30/91 7/1/91 YES YES NO YES NO $365.30 $0.00 $365.30 BUILT BUILT REFUND REFUND 19 7/30/91 YES YES YES YES $306.69 $359.49 $0.00 $0.00 $306.69 BUILT REFUND 20 10/4/91 YES NO NO $456.03 $0.00 $359.49 $456.03 BUILT REFUND 23 JAN 92 YES YES YES $465.30 $9.30 $474.60 BUILT BUILT REFUND 26 10/22/91 28 9/4/91 YES YES YES NO YES $456.49 $0.00 $456.49 BUILT REFUND REFUND 29 9/27/91 YES YES NO YES $333.85 $350.85 $0.00 $0.00 $333.85 BUILT REFUND 30 MAR 92 YES YES YES $559.97 $11.20 $350.85 $571.17 BUILT REFUND 32 35 ? ?? ? ?? YES YES NO YES $162.34 $3.25 $165.59 BUILT START REFUND REFUND 35 ? ?? NO YES YES $313.70 $212.29 $6.28 $4.25 $319.98 1 /5TH REFUND 40 JUL 92 YES NO $239.08 $4.78 $216.54 $243.86 START REFUND 43 44 ??? ? ?? YES NO YES $277.29 $5.55 $282.84 LOT LOT REFUND REFUND 48 JUL 92 YES NO YES $202.54 $186.48 $4.05 $3.73 $206.59 LOT REFUND 49 ??? YES NO YES $164.12 $3.28 $190.21 $167.40 LOT LOT REFUND TOTAL $9,555.54 $84.40 $9,639.94 REFUND 6 Fans AV -10 A "L. (Rey. X90) YEAR g_ ; I J.,.i v APPLICATION FOR PROPERTY TAX EXEMPTION County C f 4 - +a a- Town or City L /9...k: I 0" ^tL r4,-� / %.t 1 h+�� �r.• r,:� -, Owner ., Gt'r+�rtiM..r( Address A r :- (sueet or Route) (To'vni (State) Mo Code) b••c .` 1. Location or Property INSTRUCTIONS . Under the pronaions of G. S. 105 -232.1 a -try awi7r :f ;rc;crry :!aLmiig tlxe,apGdn tar caciuslan from property taxes must demonstrate that the property Meats the statutory regairemenes for exemption or claaatfrcation. Claims for exemption or exelu- sion must be filed with the tax supervisor of the county in which the property is located. (see reyena side) Claims for exemo- uos should include all land and improyaaeats and personal property situated theteon and complete information regarding its use. The undersigned owner or authorized representative hereby petitions for exemption of the following described prop- erty: ILL 1 2. Give complete description of property: � �N' L 11L Land: -- jgyit 2 S— g1'- __ ! IAI �`f7�i �fJf7, d111 GGllrece..l f Improvements' '► �+% �, th�f Personal Property: Ah howenr n Jt i (' f 0. 3. List andgsplain thq pu oses for wh' thQ prgperty is used: Land. r r+ - 1' l 4 4 Ldt f Xis v r r . Improvements: f Personal Property: 4. If any organihtion other than the owner uses the property, give the name of the organization, full particulars regarding its use of tie property and the amount of any income received for such use. NaNC ` .r r.,.. if 5" Give your estimate of the true value in monev of the prop�tty_: Land C o By = %1 ec co Improvements a gG'jOa ACM-MID Personal Property: 6. List the insurance value of the property: Xx XXX[[Xr XCtXGS [�!'Crtr.r.:::L.S �:LX�� iw f�Wt I cl 11 C tt 6. Upon what uses or purposes do you base this claim for exemption? Charitable (' ; Religious ( ); Educational ( ); Literary ( ); Scientific ( ); Other 7. Give the spe _ statutory au�,hopty UP w ich this, property i claimed as n1' s — / J d ! r - ••r tin Fy0t rf (Foil texrs or alf exemption and classificalton statutes are available at the of %ice of thi cnunry fax supervisor.) '' — AFFI&MAMOy Under R alnaa preaaibed W law. I hereby affirm that to the best of my itsnwledps and belief, the statements and information in this application are true and correct, and are made for aft purpose of exsmpiuti the prove a+a ed from taastton- S Z 19� L simrrtu[a 0+1161' Or 11;1=0=041 repreaeelatfye Vf' - 1�trfjett 3S-7C Title Tele ?none No. r� 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V -C ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: RECOMMENDATION FOR JAIL ARCHITECT ------------------------------------------------------ DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX -------------------------------------------------- ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 2650 Telephone Number - Hillsborough - 732 -8181 Chapel Hill - 967 -9251' Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To approve the recommendation for an architect for the Jail Expansion Project and to authorize the execution of a contract for architectural services. BACKGROUND: Three firms responded to our February 5, 1992 request for proposal for architectural services associated with the above - mentioned project; Kimball Associates, P.A., O'Brien- Atkins Associates, P.A., and Grier -Fripp Associates, Inc. Interviews were conducted on March 10 and March 11. The selection committee, which included Chairman Carey, Sheriff Pendergrass, County Manager John Link, Jail Administrator Captain Joe Dickey, and Purchasing and Central Services Director Pam Jones, are recommending that the County retain Grier -Fripp Associates, Inc. Although each of the firms interviewed had excellent jail design experience, Grier -Fripp Associates, Inc. is being recommended, in part, due to their exemplary performance on the most recently completed Jail Renovation. It is requested that the Board authorize the Purchasing Director to negotiate a contract with Grier -Fripp for a fee not to exceed 10% of construction costs; and authorize the Chair to sign the contract, contingent upon staff and attorney review. K Following contract approval we anticipate the following action: 1. A planning committee will be convened to begin the programming phase of this project. It is anticipated that the planning committee will include individuals from the Sheriff's Department, State law enforcement agencies who will review and approve the plans, a representative from the Town of Hillsborough and the Hillsborough Historic District Commission, as well as County-staff. 2. Planning phase should be completed by early Fall, 1992. Note: This time estimate includes review by the appropriate regulatory agencies including, but not limited to, the Town of Hillsborough Planning Board and Historic District Commission. 3. Bids received and County Commissioners approve contract in November, 1992. 4. Estimated completion, Fall, 1993. Critical areas to be addressed during this project include: 1. Additional bed -space to include a minimum of 10 maximum security individual cells; 2. Additional dormitory style bed -space as funding permits; 3. Expansion of existing kitchen facilities; and 4. Evaluation regarding the structural integrity of the old portion of the jail (south end, facing Court Street). This project is being funded through a grant from the Federal Marshall's office, and will raise capacity from 71 beds to an estimated 120 beds. RECOMMENDATION: The Manager recommends that the Board accept the recommendation of the selection committee to retain Grier-Fripp Associates, Inc.; authorize the Purchasing Director to negotiate the contract within the parameters stated above; and authorize the Chair to sign the contract, contingent upon Attorney and staff review. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 01 Action Agenda Item No.-CLU--D SUBJECT : -E911 /CAD - --- ---_ -- Centerline Map Creation DEPARTMENT: -Land Records PUBLIC HEARING ----------------- YES: NO: x ATTACHMENT (S) : - `-- -- - - - -- ------- ------------ - -- - -- Proposed Statement of Work INFORMATION CONTACT: Roscoe Reeve, Ext. TELEPHONE NUMBER - Hillsborough Chapel Hill Mebane Du h 2501 - 732 -8181 - 968 -4501 - 227 -2031 ----------------------------------------------J. _a- __-- _ -_ -___ 688_7331 PURPOSE: To approve a work order change in the Agreement with IBM to obtain a graphic centerline file for displaying an address on a computer map for the integrated Enhanced 911 /Computer Aided Dispatch system. BACKGROUND: A graphic centerline file is a line drawn (digitized) down the middle of a road on a computed map to attach significant data about that road and location along the road. Typical data would be road width, addresses, landmarks, etc. The purpose of the centerline file is to provide quick display of a location and attached attribute data. When the County contracted with L. Robert Kimball & Associates in 1984 to conduct remapping of all of Orange County, the vendor proposed a cost of $38,000 to provide a digitized centerline for Orange County roads. The County decided at that time not to purchase that product, and that staff would digitize centerlines when the remapping project is completed. When the County decided to obtain a E911 /GIS /CAD integrated system, plans were to begin the system's graphic (map) capabilities with a s were line file obtained from existing data sources (the US Census Bureau TIGER File or the TIMS Bus Routing File for Orange County). Funds were set aside to have a local consultant learn how to build this file with GIS software, after the implementation of E911, as part of tieing down individual addresses to the ground. The file would be used only until the highly accurate Kimball maps were received, and then would be deleted because of its relative lack of accuracy. �1i 2 After the agreement with IBM was approved, and at the first detailed work planning meeting involving County staff and IBM and CAD vendor representatives, it was determined that creation of a centerline file at the outset of the project, rather than later, would provide crucial strength to the CAD and that every effort should be made to have the dispatch system begin with map location functions. IBM identified an area consultant by the name of John Hoffman who has the skill and experience with other North Carolina counties to build a centerline file. The work would be completed within 40 days, from TIGER and TIMS data that would be matched against the County's most accurate computer mainframe record (MSAG) of street names and address ranges. The product would be compatible with the Kimball maps when they are delivered. IBM would subcontract with Mr. Hoffman and would assure the accuracy and compatibility of his product with the County's integrated system. Mr. Hoffman would receive the full amount of $6,700 for his work. Staff had anticipated the need for additional professional expertise in the area of map and database creation when the funding plan was presented to the Board of Commissioners at the January 6, 1992 meeting. Accordingly, funds for this work are already available in the project. County staff recommend the approval of this cost - effective change in the E911 /GIS /CAD project which will provide powerful support for the dispatchers at the beginning of their use of the new system, will assist in the work to tie individual addresses to their ground location, and will be usable in the next step of development for the system, and will come from funds already anticipated for this service. RECOMMENDATION(S): The Manager recommends that the Board approve the proposed change in the agreement with IBM, as outlined in the Statement of Work, and authorize the Chair to sign the change order. PAGE 3 STS! TEVIENT OF WORK This statement of work (SOW) covers a This is work was not coveted under "IBM's�SQifagenerating ctt with Orange Couunnty. CAD databases. Task Desd?*den: (a) Create a single electronic center line road map of Orange County, in a form useable in the Logi.SYS CAD software far the County E -9II system, frr)m various fates of data, maps, and address lists currently available. This process is to provide, in a short period of time, , fully edited and integrated single map file containing all of the strects, marries, and address data. (b) IBM will gather all known pertinent data, whether in electronic or in hardcopy form. The compilation of these multiple sources and resolution of differences is critical. in terms of its effect on the accuracy and completeness of the CAD system_ (c) IBM will work with Orange County to resolve inconsistencies found as these various data sources are merged. TIM will ensure that the format of the data is consistent with the farm needed by the CAD system. DeRrembles: (a) IBM will produce, first in drat form with available data, a single electronic ma file in DXE format, compatible for use in the E -911 system of orange County, p a phis map will be a compilation of various existing sources and will include all roadways, rail- ways, di other transportation right of ways, known to IBM, in Orange County. Tliis information. col be displayed as rises representing the center line of such right of ways. These lines will be colored keyed to represent each type of right of way. (c) The map will contain a geographic coordinate, system to locate any q map by Wcans of a geographic coordinate number or number e . otherwise de Iacation on the to between Orange County and IBM, Mess otherwise dirceted and agreed (d) The map will contain address mss range based s information for each known road segment in the county solely upon that data provided to IBIM by the County. This address information will be lo- cated and stored on a separate layer and scaled to be risible on a. display determined level of zoom" ar map section magnification is p y screen when a pre. f "nom. TIMS and orange County listing. Any discaepanci.es or displayed. resolv d are taken {e) the map will not include any symbology for landmarks or features other than those identified herein. (f) The map will include all county line boundaries and city limit boundaries. (g) The map will include depiction of all known continuous produced county maps and on US produced Tiger Files. creeks and avers as depicted in state (h) The map will include scale referenc corrtRlWUties, and adjacent county names: e markings and names of all, cities, towns, incorporated W The map will include the name or road/highway number for every street, highway, road, and similar right of way which now has a county approved name or road /highway number. 4 Assumptions: (a) Orange County has current and readable files containing the NISAG for the entire county to include the incorporated towns and cities. (b) Orange County has current and rcad,able hies containing information on all street and road narnes within the. county boundaries. Dependencies: (a) Changes to specifications, forms of files, specific map information requirements, and final map contents requirements will be provided in a reasonable period of time prior to the scheduled delivery date for the final finished data files containing the reap data base. (b) County reap and MSAG data files, in a form readable by IBM, will be supplied to IBM im- mediately upon the execution of this contract. (c) Only data provided to IBM by the County, or authorized representatives of either will be in- cluded by IBM in the map data files to be delivered. IBM will not be responsible for data not in- cluded in the map data files if they have not been properly provided to IBM and/or IRMI notified of its need to be included, in &Timely manner. Format d_ Media: (a) The map data base files will be provided to Orange County on either 3.5 inch diskettes or on tape cartridge. (b) The map data base tiles will be provided in .DXF format. (c) The reap data base files will be in either compressed or uncompressed files as agreed between Orange County and IBM. (d) I-Iardcopy plot of the file will be on 30 x 40 inch paper. Schedule of Services and Deliverables: (a) IBM wi l commence work on the production of the initial map data base file upon acceptance of this agreement. (b) IBM will deliver a complete but draft form of the final reap data base file to Orange County within 20 days after the receipt by IBM from Orange County of all county PvISAG data files, streets maps from cities within the county with current street names, and TIMS data files for the county. (c) IBM will deliver the completed map data base file in electronic form to Orange County within 20 days after the receipt of final instructions for modification or revisions to the draft of the final map data base file as provided for above. (d) All schedule for services and deliveries for this contract will be subject to modification or change upon mutual agreement between Orange County and IBMi or upon a change of the specif'cations for the content of the map data base f;lcs beyond that included here or reasonably similar to those included herein. (e) After completion of the fxtial map data base file IBM will provide 5 baud copy plots of the entire map file for use by Orange County in marking and identifying boundaries and other data for use in creating the CAD data base. (f) Final deliver of all items will be within 45 days of execution of a contract or amendment to 'ex- isting contract. 2 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action A ends Item No. 2=-E 01 ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 SUBJECT: Transfer of Cable TV Franchise from Carolina Cable to ATC - First Reading DEPARTMENT: County Manager ATTACHMENT (8) : Cable TV Franchise Amendment (under separate cover) PUBLIC HEARING YES: NO: X INFORMATION CONTACT: Albert Kittrell TELEPHONE NUMBER- Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To consider a 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 that the acquisition may create difficulties with the rules and regulations of the Copyright Office. To avoid the diffi- culties, 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. 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 reservations 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 developed a minority report. 2 On March 9, 1992 the Board received a report from County Administration which identified three options the Board should consider: 1) approve transfer of cable TV franchise from Carolina Cable to ATC as requested; 2) do no% approve transfer of cable TV franchise; and 3) approve transfer of cable TV franchise, but require ATC to provide free installation of "primestar" satellite system to all residents in the proposed buffer zone. The options were discussed at the meeting along with presentations from ATC and the Cable TV Committee. The Board did not select an option, but instructed the County Attorney to prepare a cable TV franchise amendment in final form for the March 24, 1992 Commissioners' Meeting. Although not discussed at the March 9th meeting, Cable Television Industries (CVI), formerly Alert Cable, has a county -wide franchise that covers the buffer zone proposed by ATC. It is unlikely CVI will serve this area because of low density and Carolina Cable's lines.are closer to the area. While residents in the proposed buffer zone would be covered by one cable TV franchise (CVI), other residents in the County would be covered by two cable franchises. RECOMMENDATION(S): Manager recommends that the Board: 1) approve transfer of cable TV franchise from Carolina Cable to ATC, but require ATC to provide free installation of " primestar" satellite system to all current and future residents in the proposed buffer zone; 2) require that the buffer zone revert back to the franchise when copyright laws are changed; 3) approve the cable TV franchise amendment (under separate cover) and 4) ensure resolution of all-- outstanding obligations of Prime Cable Income Partners (parent company of Carolina Cable) pursuant to the franchise with Orange County. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 Agenda Abstract Item SUBJECT: PROPOSED VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Revised Ordinance Planning Director X2592 Article 61 of Chapter 106 - N.C. General Statutes PHONE NUMBERS: Article 4 of Chapter 121 - Hillsborough 732-8181 N.C. General Statutes Mebane 227 -2031 Draft 2/24/92 Public Hearing Durham 688 -7331 Minutes Chapel Hill 967 -9251 Draft 3/2/92 Agricultural Districts Advisory Board Minutes PURPOSE: To consider a proposed Voluntary Farmland Preservation Program ordinance presented at public hearing on February 24, 1992. BACKGROUND: Since its re- activation and re- formation in 1990, the Agricultural Districts Advisory Board has been working on several important projects, including an ordinance to formalize its existence and establish procedures for establishing voluntary agricultural districts. The proposed Voluntary Farmland Preservation Program Ordinance is based on enabling legislation contained in Article 61 of the N.C. General Statutes. The proposed ordinance would formally establish an Agricultural Districts Advisory Board comprised initially of seven (7) members which would have the following powers and duties: - Review and comment on applications for qualifying farmland certification and designation of voluntary agricultural districts; - Hold joint public hearings with the Board of Commissioners on public projects likely to have an impact on agricultural operations within orange County; and - Study additional methods of farmland preservation and make recommendations to the Board of Commissioners. As voluntary agricultural districts are created, up to eight (8) additional members may be appointed. Such members must be landowners in a voluntary agricultural district. Farms which are part of a designated voluntary agricultural district will be identified as such in the Orange County Land Records System, and a notice will be included to alert persons using the system of all parcels that are within one -half mile of such district(s). In addition, landowners belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. At the February 24, 1992 public hearing, several concerns were raised. These included the following: 1. Whether the minimum farm size (155 acres) required for qualifying farmland status should be reconsidered to recognize smaller, specialized farms. (Comments concerning the derivation of the minimum farm size are provided on pages 8 -9 of this abstract.); 2. Whether the prohibition on County expenditures to convert farmland to non -farm use should be retained. (Comments concerning alternative provisions are provided on page 16 of this abstract.]; and 3. Whether the Agricultural Districts Advisory Board is the appropriate body to officially establish volunteer agricultural districts. (Comments concerning alternative provisions are provided on pages 11 -12 of this abstract.] On March 2, 1992, the County Attorney and Planning Director met to discuss the above mentioned issues. Based on the results of the discussion, the ordinance was revised and presented to the Agricultural Districts Advisory Board at its meeting of March 4, 1992. The Advisory Board recommended approval of the ordinance with the following basic changes: 1. The Agricultural Districts Advisory Board would approve certifications of qualifying farmland but only prepare recommendations regarding the designation of agricultural districts. The approval of agricultural districts would be the 3 responsibility of the Board of Commissioners [See pages 11 -12 of this abstract]. 2. The provision limiting the expenditure of County funds has been deleted. Since the County and farm owner must enter into a conservation agreement, the agreement can define the extent to which both parties will cooperate to prevent the conversion of land in an agricultural district to nonfarm use [see page 16 of this abstract]. 3. Additional wording has been added to Section V.C.l.c. to clarify that the SCS practices applicable to highly erodible land are those set forth in the 1985 Food Securities Act [see page 10 of this abstract]. In addition to the changes highlighted above, the Agricultural Districts Advisory Board recommended that a minimum farm size of 155 acres be retained to encourage large, concentrated districts [see pages 8 -9 for rationale] and that the effective date of the ordinance be set for April 1, 1992 to allow sufficient time for staff administrative preparation. RECOMMENDATION: The Administration recommends approval of the proposed ordinance, including the revisions and effective date recommended by the Agricultural Districts Advisory Board. &I 0 PROPOSED ORANGE COUNTY VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE The proposed ordinance text is presented in boldface type. Recommended revisions, based on comment received at the February 24, 1992 public hearing, are shown in boldfaced and underlined. Explanatory comments are provided in plain type. Additional comment added since the public hearing is shown in italics. Section I - ENACTMENT Pursuant to the authority conferred by the Farmland Preservation Enabling Act, Article 61 of Chapter 106 of the North Carolina General Statutes, G.S. Section 106 -735 et seq., and for the purpose of promoting the health, safety, morals, and general welfare of the county, the Board of Commissioners of Orange County, North Carolina, hereby adopts this ordinance, which shall be known as the Voluntary Farmland Preservation Program Ordinance of Orange County, North Carolina. [Article 61 of Chapter 106 of the N.C. General Statutes was enacted by the N.C. General Assembly in 1985. The legislation enables counties to establish farmland preservation programs which are carried out in accordance with the provisions of that Article.] Section 11 - PURPOSE The purpose of this ordinance is to encourage the voluntary preservation and protection of farmland from non -farm development, recognizing the importance of agriculture to the economic and cultural life of the county. [There is no requirement that any farm owner participate in the program. The intent of this ordinance is to establish a program through which farm owners voluntarily preserve and protect farmland from development.] Section III - DEFINITIONS For the purposes of this ordinance, the following terms shall have the following definitions: Board: Orange County Agricultural Districts Advisory Board Chairman: Chairman of the Orange County Agricultural Districts Advisory Board District: Voluntary Agricultural District A. B. Section IV - AGRICULTURAL DISTRICTS ADVISORY BOARD CREATION An Orange County Agricultural Districts Advisory Board, consisting of seven (7) initial members appointed by the Board of County Commissioners, is hereby established. Additional appointments may be made to satisfy the requirements of Section IV.B.1.b.of this ordinance, provided, however, the maximum number of members shall not exceed fifteen (15) . [G.S. 106 -739 permits the establishment of an Agricultural'Advisory Board, organized and appointed as the County deems appropriate. The only requirement governing Board membership is one established by G.S. 106 -738 (a)(4), that each agricultural district have a representative on the Board. The requirement suggests an increasing number of members to account for newly created districts. Although a ceiling of 15 members is proposed, a successful program may require that the ceiling be raised.] MEMBERSHIP 1. Reapirements a. Each Board member shall be a resident of Orange County. [There is no requirement in the General Statutes that Board membership be limited to Orange County residents. Since the majority of members would be farm owners in the county, and two municipal representatives are required by the ordinance, limiting membership to county residents does not create a hardship.] b. Each District existing pursuant to this ordinance shall be represented on the Board by a person owning farmland in the District. [As mentioned above, G.S. 106 -738 (a)(4) requires that each agricultural district have a representative on the Advisory Board.] c. Four (4) of the seven (7) initial members shall be actively engaged in farming. [There is no requirement in the General Statutes that a certain number of Board members be engaged in farming. However, since the ordinance is focused on farmland preservation, it is desirable that the majority of members be representative of the farm community.] d. To the extent possible, each township in Orange County shall be represented by a person engaged in farming and owning farmland in the township. 2. 3. 6 [This provision is not required by the General Statutes but is intended to insure, insofar as possible, representation from all parts of the county.] e. In making appointments to the Board, the Orange County Board of Commissioners shall consider the recommendations of persons owning farmland in the Districts. [This provision is not required by the General Statutes but is intended to provide a means for farm owners to participate Board appointments.] f. Two (2) of the three (3) non -farm members of the Board shall be "municipal representatives," while the other shall be a member of the "development community." [When a proposed PDR program was presented to the Board of Commissioners in June, 1991, the Commissioners indicated that municipal representation should be provided on the Agricultural Districts Advisory Board. The proposed addition of a member from the development community is intended to provide a liaison between the Advisory Board and that group.] Tenure Each member shall serve a term of four (4) years, except that the initial Board is to consist of three (3) appointees for terms of two (2) years, three (3) appointees for terms of three (3) years, and three (3) appointees for terms of four (4) years. Thereafter, all appointments are to be for terms of four (4) years, with reappointments permitted. [There is no General Statute requirement concerning terms of appointment. The terms proposed above are consistent with those of other advisory boards.] vacancies Any vacancy on the Board is to be filled for the remainder of the unexpired term. The member filling the vacancy shall come when possible from the same District, township, municipal or development community seat as the member whose vacant seat he /she is filling. [Again, there is no General Statute requirement concerning the manner in which vacancies are filled. The above provisions are consistent with those of other advisory boards.] C. PROCEDURE The Board shall develop procedures for the conduct of its meetings, which procedures shall be consistent with Robert's Rules of Order. 0 . 7 [There is no General Statute requirement pertaining to this provision. It is common practice, however, for each advisory board of the County to prepare By -Laws and Rules of Procedure.] D. DUTIES [The duties and responsibilities of an agricultural advisory board are specified in G.S. 106 -739. The duties listed below are modeled after the statute provisions. Specific sections of the statute have been identified following each prescribed duty.] The Board shall have the authority to: 1. Review and approve the agriculture required in [G.S. 106 -738 (a)(3)]; form of the agreement to sustain Section v of this ordinance 2. Review and approve applications for qualifying farmland certification and make recommendations concerning the establishment and modification of agricultural districts [G.S. 106 -739 (1)]; 3. Review and make recommendations concerning proposed amendments to this ordinance [G.S. 106 -739 (2)]; 4. Hold public hearings pursuant to Section VII of this ordinance [G.S. 106 -739 (3)]; 5. Hold joint public hearings with the Orange County Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County [G.S. 106 -739 (3) and G.S. 106 -740]; 6. Advise the Board of County Commissioners on projects, programs or issues affecting the agricultural economy or activities within the county and that will affect agricultural districts [G.S. 106 -739 (4)]; 7. Study additional methods of farmland preservation and make recommendations to the orange County Board of Commissioners [G.S. 106 -739 (5)]; and 8. Perform other related tasks or duties assigned by the Orange County Board of County Commissioners [G.S. 106 -739 (5)]. Section V - APPLICATION AND CERTIFICATION OF QUALIFYING FARMLAND AND VOLUNTARY AGRICULTURAL DISTRICTS [This section has been deleted, since it serves no real purpose; i.e., the declaration above does not establish such districts but the procedures that follow.] A. B. M PURPOSE The purpose of voluntary agricultural districts is to increase identity and pride in the agricultural community and its way of life, and to increase protection from nuisance suits and other negative impacts on properly - managed farms. (The statement of purpose is identical to that contained in G.S. 106 -738 (b).) REQUIREMENTS _FOR INCLUSION IN A VOLUNTARY AGRICULTURAL DISTRICT 1. An agricultural district shall initially consist of: a. At least 155 contiguous acres of certified qualifying farmland; or b. At least two or more certified qualifying farms, contiguous to each other, which will create a district of not less than 155 acres. 2. The owners of the qualifying farmland must execute an agreement with Orange county to sustain agriculture in the District. 3. Qualifying farmland may be added to existing districts upon execution by the owner of an agreement to sustain agriculture. 4. In the event that one or more participants in the District withdraw and the acreage in the District becomes less than the minimum acreage required or results in the remaining land being non - contiguous, a voluntary agricultural district will continue to exist so long as there is one qualifying farm. (The above provisions are modeled after the basic requirements contained in G.S. 106 -738 (a). The number of acres of qualifying farmland (155) was derived from the 1987 Census of Agriculture and represents the average farm size at that time. The 1987 average represents a slightly higher farm size than in 1982 when the average size was 151 acres. The distribution of farms according to size in 1987 is shown on the following page. The 1987 Census of Agriculture figures indicate that the majority of farms (56.5 %) are less than 100 acres in size. However, these farms comprise only 16.2% of the farmland in the county. Thus, the focus of the program is on encouraging large farms to participate. To allow smaller farms to participate, an additional provision was added to allow smaller farms to request district designation. For example, two farms of 78 acres each, three farms of 52 acres each, or one farm of 50 acres and one farm of 105 acres could join together to make such a request. The only stipulation is that such farms be contiguous. C ■ C. it This provision was included to encourage, insofar as possible, concentrated rather than scattered districts. As districts are created, they may be expanded in size by adding new farms to existing districts. A provision was also added so as not to penalize a farm of less than 155 acres if an adjoining farm withdrew from the program. If the size threshold were not met, the smaller farm would still constitute an agricultural district.] CERTIFICATION AS QUALIFYING FARMLAND [The criteria used in certifying qualified farmland are set forth in G.S. 106 -737. The provisions below are modeled after the statutory requirements. It should be noted that even though subsection d. below requires a farmer to be subject to a conservation agreement prohibiting non -farm use or development of such land for a period of at least ten (10) years, a farmer may ask to be removed from an agricultural district by making written request to the Advisory Board (see Section VI - Revocation of Conservation Agreements).] 1. To secure certification as qualifying farmland, a farm must: a. Be participating in the farm present use -value taxation program established by N.C. Gen. Stat. Section 105 -277.2 through 105 -277.7 or is otherwise determined by the County to meet all the qualifications of this program set forth in N.C. Gen. Stat. Section 105- 277.3. b. Be certified by the soil Conservation Service of the Percent Farm Size 1987 of Total 1 to 49 acres ....farms 157 30.1% ....acres 3,531 4.4% ....average 22.5 acres 50 to 99 acres ....farms 138 26.4% ....acres 9,604 11.8% ....average 69.6 acres 100 to 179 acres .... farms 95 18.2% ....acres 12,628 15.6 ....average 132.9 acres 180 to 259 acres .... farms 42 8.0% r ....acres 8,640 10.7% ....average 205.7 acres 260 to 999 acres.:** 84 16.1% ....acres 37,716 46.5% ....average 449.0 acres 1,000+ acres ....farms 6 1.2% ....acres 8,989 11.0% ....average 1,498.2 acres CERTIFICATION AS QUALIFYING FARMLAND [The criteria used in certifying qualified farmland are set forth in G.S. 106 -737. The provisions below are modeled after the statutory requirements. It should be noted that even though subsection d. below requires a farmer to be subject to a conservation agreement prohibiting non -farm use or development of such land for a period of at least ten (10) years, a farmer may ask to be removed from an agricultural district by making written request to the Advisory Board (see Section VI - Revocation of Conservation Agreements).] 1. To secure certification as qualifying farmland, a farm must: a. Be participating in the farm present use -value taxation program established by N.C. Gen. Stat. Section 105 -277.2 through 105 -277.7 or is otherwise determined by the County to meet all the qualifications of this program set forth in N.C. Gen. Stat. Section 105- 277.3. b. Be certified by the soil Conservation Service of the ]. 0 United States Department of Agriculture as being a farm on which at least two - thirds of the land is composed of soils that: (1) Are best suited for providing food, seed, fiber, forage, timber, and oil seed crops; (2) Have good soil qualities; (3) Are favorable for all major crops common to Orange County; (4) Have a favorable growing season; and (5) Receive the,available moisture needed to produce high yields for an average of eight (8) out of ten (10) years; OR be one on which at least two - thirds been actively used in agricultural, ho; forestry operations as defined in N.C. 105 -277.2 (1,2 & 3) during each of the years, measured from the date on which must be made as to whether the land in qualifies. of the land has rticultural or Gen. Stat. Section five (5) previous the determination question c. Be managed, if highly erodible land exists on the farm, in accordance with the Soil Conservation Service defined erosion- control practices as s ecified in the 1985 Food Security Act. [The additional wording was added to clarify that the SCS practices would be those required under the 1985 Food Security Act. Without such a reference, the SCS District Supervisor would not know what standards to apply.j d. Be the subject of a conservation agreement, as Rrovided in Article -4 of Cha ter 121 of the N.C. General Statutes, between the Orange County and the owner of such land that prohibits non -farm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable Orange County zoning and subdivision regulations. [The reference to G.S. 121 -35 was changed to refer to the entire Article 4, the Conservation and Historic Preservation Agreements Act, since G.S. 122 -35 only refers to the "definition" of a conservation agreement.] D. APPLICATION AND CERTIFICATION PROCEDURES A farmland owner may aRRIX for either certification as qMalifyina farmland or for amalifying farmland certification and deli nation as a voluntary agricultural-district. For a farmland owner to lei receive the benefits provided by this ordinance, the farm must be certified as qualifying farmland by the Agricultural Districts Advisory Board and designated as a voluntary agricultural district by the Board of County Commissioners. [The above provision was added to clarify the distinction between qualifying farmland and a voluntary agricultural district. The procedures listed below identify the method by which applications for certification /designation are processed. The Planning Department has been designated as the beginning point in this process,. since it has served as staff to the Advisory Board. The actual determination of compliance with the qualifying farmland certification criteria would be the responsibility of the Orange County Tax Supervisor and Soil Conservation offices, and the Advisory Board. Designation of a farm as a voluntary agricultural district would be the responsibility of the Board of County Commissioners.] 1. Applications for qualifying farmland certification and for voluntary agricultural district designation shall be made to the orange County planning Department on forms provided by that department. 2. The Planning Department shall review each application for completeness. When complete, the application shall be forwarded to: a. The orange County Tax Supervisor's Office; and b. The local office of the Soil Conservation Service of the United States Department of Agriculture. Within 30 days of receiving an application, the above offices shall evaluate the application for compliance with the requirements of Section y.D.2. above and return their findings to the planning Department. The Planning Department shall present the application for consideration at the first meeting of the Agricultural Districts Advisory Board. following receipt of the findings of the above offices. [Rather than having the above mentioned offices return an application to the Board Chairman, they would return it to the Planning Department, since the department serves as staff to the Board. Upon receipt, the application would then be placed on the next agenda of the Board for consideration.] 3. Within 60 days of receipt of the findings of the orange Count Tax Supervisor and soil_Conservation offices, the Board will reader a decision regarding the application of qualifying farmland status, and if--applicable, prepare_ a. recommendation to the Board of County Commissioners regarding the establishment of a voluntary agricultural district. The Chairman will notify the applicant by mail of the Board's decision as to whether the real property for which certification is sought satisfies the criteria established in .12 Section V and has been certified as qualifying farmland. If Application was also sought for designation as a voluntary agricultural district, the Chairman will notif the aRlDlican of the Board's recommendation cc cerninc such desianaticr_ (This provision has been amended to allow the Agricultural Districts Advisory Board to certify property as qualifying farmland but provide for the establishment of voluntary agricultural districts by the Board of Commissioners. This change has been made for two reasons. First, G.S. 106 -739 (1) indicates that the Advisory Board may "review and make recommendations concerning the establishment" of agricultural districts. Second, G.S. 106 -737 (4) indicates that a conservation agreement is between the "County" and the land owner. These provisions together imply that it is the Board of Commissioners that establishes such districts.] 4. Upon receipt of the recommendation of the Hoard, the Board of County Commissioners may consider an application for establishment of a voluntary agricultural district. in deciding whether to establish a district, the Board of County Commissioners shall consider the findings of the orange County Tax Supervisor and Soil Conservation offices as well as the recommendation of the Board. S. II on avyroval by the Board of Count Commissioners the establishment of avoluntary agricultural district shall become effective upon recordation of a, conservation agreement, prepared in accordance with Section V.C.(1)(d), executed -lay the landowner and the County, and recorded in the orange County Register of Deeds as Rrovided in G.S. 121 -41. [G.S. 121 -41 requires that conservation agreements be recorded in the Register of Deeds Office. There is no requirement that a Certification of Qualifying Farmland be recorded.] 6. Upon recordation of a conservation easement, the Planning De artment will notify the Orange county Tax Su ervisor of the voluntary agricultural district established. The location of said district will be marked on the Orange County tax maps. [The provision requiring that agricultural districts be marked on tax maps was combined with the notification requirement.] E. The County may take such action as it deems appropriate through the Agricultural Districts Advisory Board or other body or individual to encourage the formation of voluntary agricultural districts and to further their purposes and objectives, including, at a minimum, a public information program to reasonably inform landowners of the farmland preservation program. Section VI - REVOCATION OF CONSERVATION AGREEMENT 13 By written notice to the Board of County Commissioners, a landowner of qualifying farmland may revoke the conservation agreement formulated pursuant to Section v of this ordinance. Such revocation shall result in loss of qualifying status, and consequently, loss of eligibility to participate in a voluntary agricultural district and benefits thereof. II on revocation of a conservation agreement, written notice of the revocation shall be recorded in the orange county Re istgr of Deeds as provided in G.S. 121 -41. [This provision is modeled after those contained in G.S. 106 - 737.1. Written notice to the Board of Commissioners has been substituted, since that Board would designate a farm as a voluntary agricultural district. Recording of a written notice of revocation has been added to comply with G.S. 121 -41.] Section VII - PUBLIC HEARINGS [One of the incentives for requesting district designation is the restriction on any State or local public agency of pursuing condemnation of farmland until a public hearing has been held by the Advisory Board. The public hearing process may not prevent the pending condemnation, but it does provide an opportunity for the views of the farm community to voiced and, hopefully, considered. The procedures outlined below are based on the provisions of G.S. 106 -740.] A. PURPOSE No state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the Orange County Agricultural Districts Advisory Board to hold a public hearing on the proposed condemnation [G.S. 106 -740]. Be PROCEDURE 1. upon receiving a request, the Agricultural Districts Advisory Board shall publish notice describing the proposed action in a newspaper having general circulation in the area within seven (7) days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within 30 days of receipt of the request. 2. The Board will, in making its findings and recommendations following the public hearing, consider such factors as: a. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and b. Alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities and farm land base of the voluntary 14 , agricultural district within which the proposed action is to take place. 3. The Board will consult with the Orange County Cooperative Extension Service, the local U.S.D.A. Soil Conservation service office, and the Orange County Planning Department, and may consult with any other individuals, agencies or organizations, public or private, necessary to the Board's review of the proposed action. 4. Within 30 days after the request for public hearing, the Board will make a report to the decision - making body of the proposed condemnor, which report shall contain the Board's findings and recommendations regarding the proposed action. 5. Pursuant to N.C. Gen. Stat. Section 106 -740, the proposed condemnor shall not formally initiate a condemnation action while the proposed condemnation is properly before the advisory board within these time limitations. Section VIII - RECORD NOTICE OF PROXIMITY TO FARMLANDS A. PURPOSE The purpose of this section is to help prevent potential conflicts from occurring between qualifying farms and non -farm landowners regarding acceptable and responsible farming operations and practices, and to minimize the incidence of nuisance suits against owners of qualifying farmland. B. PROCEDURE Upon certification of qualifying farmland and designation of real property as a voluntary agricultural district, the orange County Land Records System shall be changed to include a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one -half mile of a voluntary agricultural district. (G.S. 106 -741 (a) states that the computerized land records system of a county may be set up to include a notice to alert persons conducting title research that a particular tract is located within: 1. One -half mile of a poultry, swine or dairy qualifying farm; 2. 600.feet of any other qualifying farm; or 3. One -half mile of a voluntary agricultural district. While the above uses may seem different, the key term is qualifying farm. A qualifying farm is one which meets the criteria set forth in Section V.D. Since a farm must meet the criteria in order to qualify for inclusion in an agricultural district, and a farm must be in a voluntary agricultural district to benefit from 1.5 the provisions of the ordinance, the standards set forth above have been reduced to one; i.e., within one -half mile of a voluntary agricultural district.] C. In no event shall the County or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, of nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under subsection 8 above. [This provision is identical to G.S. 106 -741 (b). Provided that a "good faith" effort is made to identify the existence of a voluntary agricultural district in the computerized land records system, it prevents a farmer or neighboring property owner from bringing suit against the County. D. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this ordinance. [This provision is based on G.S. 106 -741 (c) and is similar to "C" above except the protection from suit is afforded to the persion conducting the title research.] Section I% - WAIVER OF WATER AND SEWER ASSESSMENTS A. Landowner(s) belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. [The basic provisions concerning water and /or sewer assessments are contained in G.S. 106 -742. The provisions which follow are modeled after that statute. It should be noted that the provision above that landowners are not required to connect to such systems is included to assure that the abeyance procedures are not circumvented by a mandatory connection requirement in an assessment resolution. It should also be noted that these provisions only apply to systems extended by Orange County. They would not apply to other utility providers unless there was an interlocal agreement between Orange County and the provider which required the provider to adhere to the same provisions.] H. Water and sewer assessments will be held in abeyance, without interest, for farms, whether inside or outside of a voluntary agricultural district, until improvements on such property are connected to the water or sewer system for which the assessment was made. [Article 9 of Chapter 153A of the N.C. General Statutes permits counties to extend public water and /or sewer facilities, and assess the cost of such improvements to adjoining property owners. G.S. 106 -742 (a) permits the County to hold assessments for farms in abeyance until connection is made to the facilities. The only difference between the ordinance provisions and those contained in 16 s the General Statutes is that such assessments would be held in abeyance without interest. The elimination of interest payments, as permitted in the statutes, is considered an incentive for farmers to keep their land in agricultural use.] C. when the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. D. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. E. Assessment procedures followed under Article 9 of Chapter 153A shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordinance was in effect. F. Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C. Gen. Stat. Section 153A -201. Section 8 - LAND -USE INCENTIVES TO VOLUNTARY AGRICULTURAL DISTRICT FORMATION [None of the provisions in this section are based on the requirements of Article 61 of the General Statutes. They are proposed, in part, as additional incentives for farm owners to join agricultural districts. Items 2 and 3 have been deleted because there is no authorization for such provisions in the General Statutes. A more appropriate way of dealing with the same issues is through the use of a conservation agreement as identified in Section V.C.(1)(d). Conservation agreements may be used to impose obligations on either party to the agreement, including the holder, Orange county.] A. PURPOSE The purpose of this section is to help meet the needs of agriculture as an industry in Orange County and prevent conflicts between voluntary agricultural district participants and non -farm landowners in proximity to districts'. B. PROCEDURE Land -use planning decisions and ordinances affecting parcels of land adjacent to any district shall take into account the existence of such district and the purpose of this ordinance. 17 Section %I - NORTH CAROLINA AGENCY NOTIFICATION A. The Board may consult with the North Carolina Commissioner of Agriculture, the North Carolina Division of Soil and Water, and any other entity the Board deems necessary to the proper conduct of its business. [According to G.S. 106 -743, Orange County may consult with the N.C. Commissioner of Agriculture prior to the adoption of an ordinance. Though not specifically stated in the statute, such consultations are allowed if the County wishes technical assistance in implementing its farmland preservation program. Consultations with other agencies such as the N.C. Division of Soil and Water, and the U.S. Department of Agriculture Soil Conservation Service are also encouraged.] B. A copy of this ordinance shall be recorded with the North Carolina Commissioner of Agriculture's Office after adoption. At least once a year, the County shall submit a written report to the Commissioner of Agriculture including the status, progress, and activities of the County's farmland preservation program, which report may include voluntary agricultural districting information regarding: f 1. Number of landowners involved in the program; 2. Number of acres for which qualifying farmland certification has been applied for; 3. Number of acres certified as qualifying farmland; 4. Number of acres denied certification as qualifying farmland; and S. Number of districts in Orange County. [Following adoption of the ordinance, G.S. 106 -743 requires that Orange County record a copy with the N.C. Commissioner of Agriculture's Office. Thereafter, the County must submit an annual report outlining the status, progress, and activities of the farmland preservation program to the Commissioner of Agriculture's Office.] C. Copies of the reports cited in section %I.B* above may be sent to the Orange County Board of Commissioners and any other entities the Board deems appropriate. [To keep the Board of Commissioners informed of the progress of the farmland preservation program, copies of the annual report will be submitted to it as well as to the Soil and Water Conservation District Board and the Planning Board.] Section %II - PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS NRI As provided in N.C. Gen. Stat. Section 106 -744, Orange County may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qualifying farmland as defined in section V.D. of this ordinance and located within a voluntary agricultural district as defined in Section V.C. of this ordinance. [In 1991, the General Assembly added G.S. 106 -744 to qualify North Carolina for possible grants and loans from the U.S. Department of Agriculture's Farms for the Future Program. If a grant and /or loan program using Federal funds were established in Orange County, the purchase of agricultural conservation easements (development rights) must be on a voluntary basis, and only farms in an agricultural district would qualify. If local funds were used, the provisions of G.S. 106 -744 would not apply.] 1 �1 ARTICLE 61. Preservation of Farmland. § 106 -735. Short title and purpose. (a) This article shall be known as "The Farmland Preservation Enabling Act." (b) The purpose of this Article is to authorize counties to under- take a series of programs to encourage the preservation of farmland as defined herein. (1985 (Reg. Sess.. 1986), c. 1023, s. 1.) § 106 -736. Farmland preservation programs autho- rized. A county may by ordinance establish a farmland preservation program under this Article. The ordinance may authorize qualify- ing farms, as defined in G.S. 106 -737, to take advantage of one or more of the benefits authorized by the remaining sections of this Article. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -737. Qualifying farmland. In order for farmland to qualify under this Article, it must be real property that: (1) Is participating in the farm present -use -value taxation pro- gram established by G.S. 105 -277.2 through 105 -277.7 or is otherwise determined by the county to meet all the qualifi- cations of this program set forth in G.S. 103- 277.3: (2) Is certified by the Soil Conservation Service of the United States Department of Agriculture as being a farm on which at least two - thirds of the land is composed of soils that (i) are best suited for providing food, seed, fiber, for- age, timber, and oil seed crops, (ii) have good soil qualities, (iii) are favorable for all major crops common to the county where the land is located, tiv) have a favorable growing season, and (v) receive the available moisture needed to produce high vields an average of eight out of 10 years; or on which at least two- thirds of the land has been actively used in agricultural. horticultural or forestry operations as defined in G.S. 105 - 277.2(1), (2). and (3) during each of the five previous years, measured from the date on which the determination must be made as to whether the land in question qualifies; (3) Is managed in accordance with the Soil Conservation Ser- vice defined erosion control practices that are addressed to highly erodable land; and (4) Is the subject of a conservation agreement, as defined in G.S. 121 -35, between the county and the owner of such land that prohibits nonfarm use or development of such land for a period of at least 10 years, except for the creation of not more than three lots that meet applicable county zoning and subdivision regulations. (1983 (Reg. Sess., 1986), c. 1025. s. 1.) § 106- 737.1. Revocation of conservation agree- ment. By written notice to the county, the landowner may revoke this conservation agreement. Such revocation shall result in loss of qualifying farm status. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) �0 § 106 -738. Voluntary agricultural districts. (a) An ordinance adopted under this Article shall provide: (1) For the establishment of voluntary agricultural districts consisting initially of at least the' number of contiguous acres of qualifying farmland or the number of qualifying farms deemed appropriate by the board of county commis- sioners; (2) For the formation of such districts upon the execution by the owners of the requisite acreage of an agreement to sustain agriculture in the district; (3) That the form of this agreement must be reviewed and ap- proved by an agricultural advisory board established un- der G.S. 106.739 or some other county board or official; (4) That each such district have a representative on the agri- cultural advisory board established under G.S. 106 -739. (b) The purpose of such agricultural districts shall be to increase identity and pride in the agricultural community and its way of life and to increase protection from nuisance suits and other negative impacts on properly managed farms. The county may take such action as it deems appropriate to encourage the formation of such districts and to further their purposes and objectives. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -739. Agricultural advisory board. An ordinance adopted under this Article shall provide for the establishment of an agricultural advisory board, organized and ap- pointed as the county shall deem appropriate. The county may con- fer upon this advisory board authority to: (1) Review and make recommendations concerning the estab- lishment and modification of agricultural districts; (2) Review and make recommendations concerning any ordi- nance or amendment adopted or proposed for adoption un- der this Article; (3) Hold public hearings on public projects likely to have an impact on agricultural operations, particularly if such projects involve condemnation of all or part of any qualify - ing farm; (4) Advise the board of county commissioners on projects, pro- grams, or issues affecting the agricultural economy or way of life within the county; (5) Perform other related tasks or duties assigned by the board of county commissioners. (1985 (Reg. Sess., 19$6), c. 1025, S. 1.) § 106-740. Public hearings on condemnation of farmland. An ordinance adopted under this Article may provide that no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency has re- ouested the local agricultural advisory board established under G.S. 106 -739 to hold a public hearing on the proposed condemna- tion. (1) Following a public hearing held pursuant to this section, the board shall prepare and submit written findings and a recommendation to the decision - making body of the agency proposing acquisition. (2) The board designated to hold the hearing shall have 30 days after receiving a request under this section to hold the public hearing and submit its findings and recommen- dations to the agency. 21. (3) The agency may not formally initiate a condemnation ac- tion while the proposed condemnation is properly before the advisory board within these time limitations. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -741. Record notice of proximity to farm- lands. (a) Any county that has a computerized land records system may require that such records include some form of notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one -half mile of a poultry, swine, or dairy qualifying farm or within 600 feet of any other qualifying farm or within one -half mile of a voluntary agricultural district. (b) In no event shall the county or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfea- sance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under sub- section (a). (c) In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this Article. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -742. Waiver of water and sewer assessments. (a) A county may provide by ordinance that its water and sewer assessments be held in abeyance, with or without interest, for farms, whether inside or outside of a voluntary agricultural dis- trict, until improvements on such property are connected to the water or sewer system for which the assessment was made. (b) The ordinance may provide that. when the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. (c) Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. (d) If an ordinance is adopted under this section, then the assess- ment procedures followed under Article 9 of Chapter 153A shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordi- nance was in effect. (e) Nothing in this section is intended to diminish the authority of counties to hold assessments in abeyance under G.S. 153A -201. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -743. County ordinances. A county adopting an ordinance under this Article may consult with the North Carolina Commissioner of Agriculture or his staff before adoption, and shall record the ordinance with the Commis- sioner's office after adoption. Thereafter, the county shall submit to the Commissioner at least once a year, a written report including the status, progress and activities of the county's farmland preser- vation program under this Article. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) WA § 106 -744. Purchase of agricultural conservation easements. (a) A county may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qual- ifying farmland as defined by G.S. 106 -737 located within a volun- tary agricultural district as defined by G.S. 106 -738. (b) For purposes of this section, "agricultural conservation ease- ment" means a negative easement in gross restricting residential, commercial, and industrial development of land for the purpose of maintaining its agricultural production capability. Such easement: (1) May permit the creation of not more than .three lots that -meet applicable county. zoning and subdivision regula- _.._: .. .._ _... .__ ... " (2)' Shall- be perpetual in' duratiori,'provided that, -at least 20 ' i"years "after the -purchase of an easement; d county may agree to reconvey the easement to the owner of the land for consideration, if the landowner can demonstrate to the sat- isfaction of the county that commercial agriculture is no longer practicable on the land in question. (c) There is established a "North Carolina Farmland Preserva- tion Trust Fund" to be administered by the Commissioner of Agri- culture. The Trust Fund shall consist of all monies received for the purpose of purchasing agricultural conservation easements or transferred from counties or private sources. The Trust Fund shall be invested as provided in G.S. 147 -69.2 and G.S. 147-69.3.. The Commissioner shall use Trust Fund monies for the purchase of agricultural conservation easements, including transaction costs, and shall distribute Trust Fund monies to counties and private nonprofit conservation organizations for such purchases, including transaction costs. The Commissioner of Agriculture shall adopt.. rules and regulations governing the use, distribution, investment, and management of Trust Fund monies. (d) This section shall apply to agricultural conservation ease ments falling within its terms. This section shall not be construed to make unenforceable any restriction, easement, covenant, or con- dition that does not comply with the requirements of this section. This section shall not be construed to invalidate any farmland preservation program. This section shall not be construed to diminish the powers of any public entity, agency, or instrumentality to acquire by purchase, gift, devise, inheritance, eminent domain, or otherwise and to use property of any kind for public purposes. This section shall not be construed to authorize any public entity, agency, or instrumentality to acquire by eminent domain an agri- cultural conservation easement. (1991, c. 734, s. 1.) Editor's Mote. — Session Laws 1991, c. 734. s. 2, makes this section effective August 1, 1991. §§ 106 -745 to 106 -749: Reserved for future codification pur- poses. 23 ARTICLE 4. Conservation and Historic Preservation Agreements Act. § 121 -34. Short title. The title of this Article shall be known as the "Historic Preserva- tion and Conservation Agreements Act." (1979, c. 747, s. 1.) Legal Periodicals. — For an article entitled, "A Decade of Preservation and Preservation Law," see 11 N.C_ Cent. L.J. 214 (1980). For an article entitled, "Reaffirmation of Local Initiative: North Carolinas 1979 Historic Preservation Legislation," see 11 N.C. Cent. L.J. 243 (1980)_ For an article entitled, "Revolving Funds: In the Vanguard of the Preserva- tion Movement." see 11 N.C. Cent. L.J. 256 (1980). § 121 -35. Definitions. For an article entitled, 'Preservation Law 1976.1980: Faction, Property Rights and Ideology," see 11 N.C. Cent. L.J. 276 (1980). For an article entitled, –The North Carolina Historic Preservation and Con - aervation Agreements Act: Assessment and Implications for Historic Preserva- tion." see 11 N.C. Cent. L.J. 362 (19801. Subject to any additional definitions contained in this Article, or unless the context otherwise requires: (1) A "conservation agreement" means a right, whether or not stated in the form of a restriction. reservation, easement, covenant or condition, in anv deed, will or other instru- ment executed by or on behalf of the owner of land or improvement thereon or in any order of taking, appropri- ate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, horti- cultural, farming or forest use, to forbid or limit any or all W construction or placing of buildings, roads, signs. billboards or other advertising, utilities or other structures on or above the ground, (ii) dumping or placing of soil or other substance or material as landfill, or dumping or plac- ing of trash, waste or unsightly or offensive materials, (iii) removal or destruction of trees, shrubs or other vegetation, (iv) excavation, dredging or removal of loam. peat, gravel, soil, rock or other mineral substance in such manner as to affect the surface, (v) surface use except for agricultural, farming, forest or outdoor recreational purposes or pur• poses permitting the land or water area to remain predom- inantly in its natural condition, (vi) activities detrimental to drainage, flood control, water conservation, erosion con- trol or soil conservation, or (vii) other acts or uses detri- mental to such retention of land or water areas, (2) "Holder" means any public body of this State, including the State, any of its agencies, any city, county, district or other political subdivision or municipal or public corporation, or any instrumentality of any of the foregoing, any nonprofit corporation or trust. or any private corporation or business entity whose purposes include any of those stated in (1) and (3), covering the purposes of preservation and conser- vation agreements. (3) A "preservation agreement" means a right, whether or not stated in the form of a restriction, reservation, easement, covenant, condition or otherwise, in any deed, will or other instrument executed by or on behalf of the owner of the land or any improvement thereon, or in any other (order) of taking, appropriate to preservation of a structure or site historically significant for its architecture, archaeology or 24 historical associations, to forbid or limit any or all (i) alter- ation. (ii) alterations in exterior or interior features of the structure, (iii) changes in appearance or condition of the site, (iv) uses not historically appropriate, or (v) other acts or uses supportive of or detrimental to appropriate preser- vation of the structure or site. (1979, c. 747, s. 2.) Legal Periodicals. — For an article entitled, "Preservation Law 1976 -1980: Faction. Property Rights and Ideology," see 11 N.C. Cent. L.J. 276 11980). For an article entitled, "The North § 121 -36. Applicability. Carolina Historic Preservation and Con- servation Agreements Act: Assessment and Implications for Historic Preserva- tion," see 11 N.C. Cent. L.J. 362 (1980). (a) This Article shall apply to all conservation and preservation agreements falling within its terms and conditions. (b) This Article shall not be construed to make unenforceable any restriction, easement, covenant or condition which does not comply with the requirements of this Article. (c) This Article shall not be construed to diminish the powers of any public entity, agency, or instrumentality to acquire by pur- chase, gift, devise, inheritance, eminent domain or otherwise and to use property of any kind for public purposes. (1979, c. 747, s. 3,) Legal Periodicals. — For an article ments Act: Assessment and Implications entitled, "The North Carolina Historic for Historic Preservation," see 11 N.C. Preservation and Conservation Agree- Cent. L.J. 362 (1980). § 121-37. Acquisition and approval of conservation and preservation agreements. Subiect to the conditions stated in this Article, any holder may, in any manner, acquire, receive or become a party of a conservation agreement or a preservation agreement. (1979, C. 747, S. 4.) § 121 -38. Validity of agreements. (a) No conservation or preservation agreement shall be unen- forceable because of (1) Lack of privity of estate or contract, or (2) Lack of benefit to particular land or person, or (3) The assignability of the benefit to another holder as defined in this Article. (b) Such agreements are interests in land and may be acquired by any holder in the same manner as it may acquire other interests in land. (c) Such agreements may be effective perpetually or for shorter stipulated periods of time. - (d) Such agreements may impose present, future, or continuing obligations on either party to the agreement, or their successors, in furtherance of the purposes of the agreement. (1979, c. 747, s. 5.) § 121 -39. Enforceability of agreements. (a) Conservation or preservation agreements may be enforced by the holder by injunction and other appropriate equitable relief ad- ministered or afforded by the courts of this State. `Fhere appropri- ate under the agreement. damages, or other monetary relief may also be awarded either to the holder or creator of the agreement or either of their successors for breach of any obligations undertaken by either. zs (b) Such agreements shall entitle representatives of the holder to enter the involved land or improvement in a reasonable manner and at reasonable times to assure compliance. (1979, c. 747, s. 6.) § 121 -40. Assessment of land or improvements sub- ject to agreement. For purposes of taxation, land and improvements subject to a conservation, or preservation agreement shall be assessed on the basis of the true value of the land and improvement less any reduc- tion in value caused by the agreement. (1979, c. 747, s.-7.) Legal Periodicals. — For an article entitled, "Preservation Law 1976 -1980: Faction. Property Rights and Ideology-," see 11 N.C. Cent, L.J. 276 (1980). and Implications for Historic Preserva- tion," see 11 N.C. Cent. L.J. 362 (1980). For an article entitled, "The North Carolina Historic Preservation and Con- servation Agreements Act. Assessment CASE NOTES To find the true value of property subject to conservation easements, the State Property Tax Commission must determine the market value prior t,o the granting of the easements and then reduce that value by applying a damage factor caused by the granting of the conservation easements. Determin- ing the highest and best use of the prop- erty prior to the granting of the ease- ment is a critical part of the appraisal process. Rainbow Springs Partnership v. County of Macon, — N.C. App. —, 339 S.E.2d 681 (1986). § 121 -41. Public recording of agreements. (a) Conservation agreements shall be recorded in the office of the Register of Deeds of the county or counties in which the subject land or improvement is located, in the same manner as deeds are now recorded. (b) Releases or terminations of such agreements shall be re- corded in the same waiver. Releases or terminations. or the record- ing entry, shall appropriately identify by date, parties, and book and pages of recording, the agreement which is the subject of the release or termination. (1979, c. 747, s. 8.) Legal Periodicals. — For an article ments Act: Assessment and Implications entitied. "The North Carolina Historic for Historic Preservation." see 11 N.C. Preservation and Conservation Agree- Cent. L.J. 362 (1980). § 121 -42. Citation of Article. This Article shall be known and may be cited as "Uniform Con- servation and Historic Preservation Agreement Act." (1979, c. 747, s. 9.) mmlffl MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING FEBRUARY 24, 1992 The Orange County Board of Commissioners met in regular session on Monday, February 24, 1992 at 7:30 p.m. in Superior Courtroom, New County Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. PLANNING BOARD MEMBERS PRESENT: Carol Cantrell, Bill Waddell, Virgina Boland, Jean Hamilton, Betty Eidenier, Paul Hoecke, Joan Jobsis, D. Kent Scott, Larry Reid, and Jim Gray, COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Clerk to the Board Beverly A. Blythe, Planner Emily Cameron, Planning Director Marvin Collins and Director of Housing and Community Development Tara Fikes. r NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE A. OPENING REMARKS FROM THE CHAIRMAN Chairman Carey introduced the new Planning Board Chair and thanked Betty Eidenier for her dedicated service as Chair. B. PUBLIC CHARGE Chairman Carey dispensed with the reading of the Public Charge. C. PUBLIC HEARING ITEMS 1. PROPOSED VOLUNTARY FARMLAND PRESERVATION ORDINANCE __.. This item was presented by Planning Director Marvin Collins for the purpose of receiving citizen comment. Since 1990 the Agricultural Districts Advisory Board has been working on an ordinance to formalize its existence and develop procedures for establishing voluntary agricultural districts. The proposed ordinance is based on enabling legislation contained in Article 61 of the N.C. General Statutes. The proposed ordinance would formally establish an Agricultural Districts Advisory Board comprised initially of seven (7) members and would have the following powers and duties.. - Review and comment on applications for qualifying farmland certification and designation of voluntary _agricultural districts. - Hold joint public hearings with the Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County; and - Study additional methods of farmland preservation and make recommendations to the Board of Commissioners. DG3pff�=7 1 As voluntary agricultural districts are crested, up to eight 2 additional members may be appointed. Such members must be landowners in 3 a voluntary agricultural district. Farms which are part of a designated 4 voluntary agricultural district will be identified as such in the orange 5 County Land Records E'ystem, and a notice will be included to alert 6 persons using the system of all parcels that are within one -half mile of 7 such district(s). In addition, landowners belonging to voluntary 8 agricultural districts shall not be assessed for or required to connect 9 to orange County water and /or sewer systems. 10� 11 In response to a question from Commissioner Gordon, Mr. Collins 12 indicated that there is no tax benefit to the landowner from being in 13 this program. Mr. Collins noted that this program will be supported by 14 d the Land Records GIS system. Also, if a landowner wants to connect his 15 home to th " " MVI the program can be structured so that he is 16 only charged for one hookup to his house, while the remaining land 17 remains in farm land. The landowner is a part of the voluntary 18 conservation program only until he formally revokes the agreement. He 19 felt that 15 members would be sufficient, however, additional members 20 could be appointed if necessary to adequately represent the entire 21 C county. In response to a question from Mr. Waddell regarding Section 22 d XII, Mr. Collins indicated that there are a limited amount of funds 23-5 available for the purchase of agricultural conservation easements. 24 There are limitations on the spending of these funds, unless the,county 25 uses its own money. In that case, these limitations will not apply. 26 He also indicated that after 20 years, a farmer could purchase back his 27 development rights at the current market value if the county we.s willing ?8 to sell these development rights. This is at the discretion of the 39 county. If the county does not desire to purchase them, the owner would 30 r need to find a buyer through normal channels. 31 a 32 In response to a question from Betty Eidenier regarding the 33 county not spending money to convert land to non --farm use, Mr. Collins 34 indicated that this provision would only restrict the county.4)�r ^� . 35 The basic intent is to assure that if the county is serious about 36 preserving farmland, it will not spend money where agricultural lands 37-4 exist. In response to a question from John Link, Mr. Collins indicated 38 that after an application is received it is sent to the Soil 39 `d Conservation Service and Department. If the results are 40 positive, the Conservation District can be approved by the Agricultural 41 ,n Advisory Board. The Board of County Commissioners appoint all members 42 d to the Agricultural Advisory board. 43 44l Mr.Collins indicated that historically the Planning Department 45 N receives the application and reviewe-d" it for correctness before 46 a forwarding"to Soil and Water Conservation and 47 I �i,G Y S ti pal 5 arkic� . 48 Mr. Larry Reid asked if the prohibition on the county spending 49 money would also apply to the support of a study which is currently 50 being financed by the LOG group. Mr. Collins indicated that Section 51 X.B.3 prohibits the County from spending money even for the purposes of 52 conducting a study. Mr. Gledhill stated that provisions in the Water M G3GlffV ,s 1 and Sewer Policy indirectly limit the county from spending funds to 2 extend water and sewer outside of its jurisdiction except in certain 3 cases. 4 THE PUBLIC HEARING WAS OPEN FOR QUESTIONS /COMMENTS FROM THE PUBLIC 6 Mr. Peter Kramer indicated that he believes that Orange County is 7 in the forefront of this issue. He gave some historical background on 8 how this issue developed over the years. He mentioned that many people 9 have devoted a great deal of time to making this program work and he ,0 strongly supports the idea of districts. In response to his question to 11 how the 155 acre size was determined, Mr. Collins indicated that that 12 was the average size of the farms in Orange County, although there are 13 many farms smaller than 155 acres. Mr. Kramer asked the Advisory Board 14 to look into the issue of farm size and consider using other criteria to 15 promote a diversity of agriculture. His hope is that the diversity in 16 small farms as well as large farms can be recognized. -7 13 A motion was made by Commissioner Willhoit, seconded by -9 Commissioner Halkiotis to refer this item to the Agricultural Districts 20 Advisory Board for a recommendation to be returned to the Board of 21 Commissioners no sooner than March 24, 1992. 22 VOTE: UNANIMOUS 23 `. 4 4 25 2. PROPOSED AMENDMENTS — MINIMUM HOUSING CODE 26 Planning Director Marvin Collins presented for citizen 27 comment the proposed ordinance modifications to the "Minimum Housing 23 Code ". These modifications, upon adoption, would clarify its 29 administration, enforcement and interpretation by staff and the public. 30 In 1984, the Orange County Board of Commissioners adopted a "Minimum 31 Housing Code ". It was recognized by the community that there were 32 dwellings unfit for human habitation due to unsafe structural 33 conditions; fire hazards, inadequate light and ventilation, inadequate 34 sanitary facilities and other inimical conditions detrimental to the 35 welfare of the occupants and the public. In 1987 the Orange County Low 36 and Moderate Income Housing Task Force Report substantiated the 37 continued existence of substandard housing. They also indicated that 38 there is an increasing rate of depreciation in the overall stock of 39 housing. Since its adoption, the Minimum Housing ordinance has been 40 administered and enforced by the Housing /Community Development 41 Department of Orange County. It is proposed that this responsibility be 42 transferred to the Orange County Planning and Inspections department 43 because G.S. 153A -351.1 now requires that inspections be conducted by 44 certified code enforcement officers. The Inspections Division, under 45 the direction of the Code Enforcement Supervisor, has four code 46 enforcement officers, who are cross trained and certified by the N.C. 47 Code Qualifications Board. The original ordinance text has also been 48 reformatted for further clarification of code provisions. Specific 49 amendments were made to simplify interpretation and also to comply with -40 N.C. State Building Codes and Regulations. The provisions of the 51 ordinance have been expanded to include all dwellings within the County, 52 not just rental units. Provisions in Article XVIII allow for the V mmmffy MINUTES AGRICULTURAL DISTRICTS ADVISORY BOARD MARCH 4, 1992 PRESENT: Elizabeth Walters (Chair), Virginia Boland, Bob Nutter, Pearson Stewart, Greg Walker (SCS), Marvin Collins (Planning Director), Joanna Bradshaw (Administrative Assistant II). Others present - Chris Nutter. ITEM #2: ITEM #3: APPROVAL OF MINUTES - January 23, 1992 Stewart moved approval of the minutes as presented. Seconded by Nutter. Vote: Unanimous. ITEMS FOR DISCUSSION a. Proposed Farmland Preservation Program Ordinance Stewart praised Collins for his presentation and good explanation of the Ordinance at public hearing. He noted that he felt problems and concerns were all addressed very honestly and straightforward. Walters noted that the ordinance is being discussed at local restaurants and country stores. The majority of the comments are favorable regarding the presentation and are supportive of the ordinance. A copy of the proposed ordinance with recommended revisions as shown in the agenda package is in the permanent agenda file in the Planning Department. Marvin Collins reviewed the major concerns from the public hearing. One concern was whether the minimum farm size (155 acres) required for qualifying farmland status should be reconsidered to recognize smaller, specialized farms. Peter Kramer spoke at the public hearing regarding his farm on which he and his wife raise sheep. His wife weaves a particular type of wool which is requested around the world. Mr. Kramer indicated he is very interested in becoming an agricultural district but would be unable to without combining with one or more farms to meet the minimum size requirement. Stewart asked if there is a possibility that Kramer could combine with adjoining farms to meet the acreage requirement. Collins responded that he thought there are farms adjoining Mr. Kramer. 2 7 DpQff4 ;� Further discussion indicated that the Board wished to retain the minimum acreage requirement of 155 acres. The farm size specified in the ordinance is the average farm size in Orange County according to the 1987 Census of Agriculture. The Board felt that any combinations to meet the requirement should be contiguous. If the Board desired to make adjustments in those figures, such amendments could be proposed after the ordinance was adopted, and experience indicated whether a size change was warranted. Collins indicated that another concern was with the prohibition on County expenditures to convert farmland to non farm use and whether the Agricultural Districts Advisory Board is the appropriate body to approve the district designation. Collins noted that revisions had been proposed (on pages 16 and 17 of the packet) which would be the solution to this concern. These amendments would allow the Agricultural Districts Advisory Board to approve certifications of qualifying farmland and then make a recommendation to the Board of Commissioners for the establishment of an agricultural district. This would follow the legislation which states that the Agricultural Advisory Board "reviews and recommends ". When the statute refers to a conservation agreement, it states that "the County may enter into a conservation agreement ". The reference to "the County" generally means the Board of County Commissioners. The Board of Commissioners would thus establish the districts and enter into the conservation agreement. The "holder of the agreement" is the County. The Planning Director and the County Attorney had agreed that the conservation agreement could contain the restrictions rather than including those restrictions in the ordinance. Such restrictions, if approved by the Commissioners, would apply to the farmer and to the County. Walker asked that "as specified in the Food Security Act of 1985" be added to Section V, Cl (c) of the proposed ordinance which would then read as: Be managed, if highly erodible land exists on the farm, in accordance with the Soil Conservation Service defined erosion - control practices as specified in the Food Security Act of 1985- MOTION: Stewart made a motion to recommend approval of the revisions to the Farmland Preservation Program Ordinance as proposed by Collins and the addition as requested by Walker (SCS). Seconded by Nutter. Vote: Unanimous. MOTION: Nutter made a motion to recommend that the Farmland Preservation Program Ordinance, as revised, be forwarded to the Board of Commissioners for approval and adoption, and, T DG3Glff� that they pursue interlocal agreements with utility Providers concerning similar waiver provisions on water and sewer lines as those contained in the ordinance. Seconded by Stewart. Vote: Unanimous. Walters asked if there was an appeal process for the landowner. Collins responded that if the County did not follow its procedures, then the landowner could appeal to the courts. However, there is no specific appeal procedure contained in the ordinance. Stewart asked if the ordinance is adopted on March 17, would applications begin coming in the next day. Nutter and Walker indicated they anticipated lots of applications. Nutter indicated he felt an effective date of thirty days would be reasonable. He asked Collins what he felt was a good time frame before implementation. Collins responded that he was concerned with the amount of time it may take for the County Attorney to draft a conservation easement agreement with the amount of work already confronting him. Collins indicated he could draft an agreement and forward to the County Attorney for review and revision. This may help the County Attorney and speed up the process. recommending an effective date of April 1, 1992Hnotingethat forms could be prepared to be included with the agenda materials to the Board of Commissioners for their March 17, 1992 meeting. He continued that the draft conservation agreement need not be prepared by the March 17 meeting. ITEM #4: INFORMATIONAL ITEMS a. Planning Department Calendar - March, 1992 b. Final Draft 1992 -93 Goals, Objectives & Action Plans C. Farmland Preservation Report These items were all for information purposes only. No discussion. The next meeting of the Board is scheduled for April 1, 1992 at 7:30 p.m. Meeting adjourned 8 :50 p.m. Prepared By Approved By Date O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 i Agenda Abstract Item # SUBJECT: 1992 JOINT PLANNING PUBLIC HEARING SCHEDULE DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Carrboro Planning Director Planning Director X2592 3/11/92 Letter PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To consider scheduling two Joint Planning public, hearing dates for 1992. BACKGROUND: The Joint Planning Agreement requires that Orange County, and the Towns of Chapel Hill and Carrboro conduct a joint public hearing when amendments to the JPA Land Use Plan and /or Map are proposed. Joint public hearings are also required when changes to the Agreement or Zoning Map for the Transition Areas are proposed. In the past, two Joint Planning public hearings have been scheduled each year, one in the Spring and one in the Fall. A public hearing calendar provides staff as well as citizens the opportunity to develop work programs and project applications in accord with established deadlines and meeting dates. Both the Towns of Chapel Hill and Carrboro have approved April 8 or April 15, 1992 and October 14 or October 21, 1992 as possible hearing dates. The Chapel Hill Town Council approved the dates when it adopted its 1992 calendar. The Carrboro Board of Aldermen approved the dates at its March 10, 1992 meeting. The hearings would be held at 7:30 p.m. at a location to be determined. RECOMMENDATION: The Administration recommends that the Board of Commissioners approve April 15, 1992 and one of the two October dates for Joint Planning public hearings. April 15 is recommended as a specific Pa date to allow sufficient time for application preparation and advertising. Currently, no applications are pending. Upon approval, the Staff will notify the Towns of Chapel Hill and Carrboro, prepare a specific schedule of application deadlines; advertisement and notification dates, and review /decision dates; and reserve a location for the hearings. It March 11, 1992 TOWN OF CARRBORO 3 NORTH CAROLINA PLANNING DEPARTMENT Marvin Collins, Director Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Dear Marvin: The Carrboro Board of Aldermen officially adopted the 1992 joint public hearing dates at their March 10, 1992 meeting. The Board approved April 8 or 15, 1992 and October 14 or 21, 1992. If you have any questions, please call. Best yegards , Roy Williford Director P- 0, BOX 337. WEST MAIN STREET, CAR RBORO, NORTH CAROLINA 27510 AN EQUAL OPPORTUNITY EMPLOYER I O R A N G E CO U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 24, 1992 Action Agenda Item # V� SUBJECT: Request to NCDOT from Town of Hillsborough regarding Seven Mile Creek and Old NC 10 Bridge issues in the wideningof I -85 DEPARTMENT: County Manager PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Letter from Hillsborough to DOT County Engineer Letter from Hillsborough to County Manager TELEPHONE NUMBERS: Draft Letter from Orange County Hillsborough - 732 -8181 to NCDOT Durham - 688 -7331 3/5/90 BOCC resolution Mebane - 227 -2031 11/29/90 NCDOT response to Chapel Hill - 967 - 9251/968 -4501 BOCC resolution PURPOSE: To support the Town of Hillsborough in its request that DOT provide for a meeting between its staff and that of Orange County and the Town of Hillsborough to discuss the issues of BMP's for Seven Mile Creek and closing the Old NC 10 bridge prior to finalizing plans for the widening of I -85 in Orange County BACKGROUND: The topic of the widening of I -85 as it impacts the Seven Mile Creek watershed and the closing of the Old NC 10 bridge is one which was previously brought before the BOCC on March 5, 1990. At that time the BOCC passed a resolution requesting that NCDOT consider 1) leaving a non - motorized vehicle access where the Old NC 10 bridge presently exists and 2) providing best management practices (BMP's) to protect the water quality of Seven Mile Creek. In a letter to the County Engineer dated November 29, 1990. NCDOT replied to the BOCC resolution by stating that it could find no justification for either BMPs or a non - motorized vehicular access at the Old NC 10 bridge and that these improvements were not being considered for the I -85 widening project. Due to efforts of members of the Hillsborough Town Board and Planning Board, this issue has re- emerged. These Officials have been in contact with both NCDOT and the NC Division of Environmental Management (DEM) regarding the bridge and the BMP's. DEM staff have informed Hillsborough that it may be of some assistance to the Town in regard to the BMP issue and suggested that the Town request a meeting among DOT, the Town, the County and DEM. This matter was discussed before the Town Board 1 2 on March 9, 1992, which resulted in a letter from Mayor Johnson to the State Highway Administrator requesting a meeting between the Town, the County and NCDOT. The County Manager received a letter from the Town Manager on March 16, 1992, requesting that the BOCC concur with the Town's request. RECOMMENDATION: The Manager recommends that the Board support the Town of Hillsborough in its request to meet with NCDOT to discuss the issues of the Seven Mile Creek BMP's and the closing of the Old NC 10 bridge by reviewing, modifying as required and signing the enclosed draft letter from the Board to NCDOT. 5BUR0 Clown of 'ji HILLSBOROUGH. NORTH CAROLINA 4::`� 27278 March 16, 1992 Mr. John Link, County Manager Orange County Offices P. O. Box 8181, Hillsborough, N. C. 27278 Re: Interstate 85 Improvements Dear John: MA! 1%0 101 E. Orange Stree P.O. Box 429 (919)'32 -2104 Attached please find correspondence addressed to Mr. William G. Marley of the North Carolina Department of Transportation requesting a meeting concerning the widening of Interstate 85. This request was initiated by our Board in response to issues that we feel are potentially dangerous with regard to this project. We hope the Orange County Board of Commissioners will concur with this request and ask the N. C. Department of Transportation to address these concerns at the hearing. Thank you for your consideration of this request. Sincerely, <-7 7,,,�� ric Swatnson, Town Manager I ti Attachment cc: Horace Johnson, Mavor 3 i' �tltutt la ittshI3161 HILLSBOROUGH, NORTH CAROLINA Mr. William C. Marley State Highway Administration N.C.D.O.T. P.O. Box 25201 Raleigh, NC 27611 -5201 7278 March 10, 199' 4 101 E. Orange Sued F'.O. BON, 429 (919) 732-2104 RE: Request for a meeting between members of your staff and a delegation from the Town of Hillsborough and Orange County to discuss best management plans for the I -85 widening in the Sevenmile Creek watershed and the clos- ing of existing connector between SR 1144 and Ben Johnson Road in Orange County. Dear Mr. Marley, Two issues concern us in Hillsborough regarding N.C.D.O.T.'s road r widening and interchange plans along the I -85 corridor in Orange CounPp.y. One involves the extent to which the changesthelexisting connector under The other issue concerns the I -85 between Old Highway 10 and localtconnectorrough. Dead ending this road will r between the two communities. We have tried to arrange a public hearing to address these issues through Mr. Lowdermilk, our regional representative, with no success. His suggestion that a delegation of three or four people meet him in his office was too limiting for our needs. We do not believe that N.C.D.O.T. has adequately addressed the short or long term effects of thincreasedwidening impermeable Sevenmile surfaceCreek areaWatershed. seriously The increased traffic and especially contribute to the degradation of our drinking water supply, P inlight of the findings of the llSGSRnoff anrStreamflowaand1Water Quality Administration, Effects of Highway of in the Sevenmile Creek Basin, Julvul98....1 erethaspalsoobeenrnolevidence North Carolina, July 1981 to that the engineering plans for water runoff management reflect Orange County's request to upgrade the Sevenmile Creek watershed classification status. We also question the closing of Old Highway 10 and Ben Johnson. connector road because of public safety issues, our long, term planning g interests, and because anehcandetheeTowntoffHillsboroughihavensent keep it open. Both orange County , resolutions to N.C.D.O.T. requesting that Oie Highway 1D Sr.11�4) an Ben. Johnson Road connector remain open anc that best management practices be used along the I -85 rec,cc_ the responseethatisatisficshCur watershed. As yet we have concerns. Mr. William G. Marley Page Two Therefore we would appreciate a meeting between our delegation and members of your staff so we could work together on these matters. Given the serious effects that the above mentioned issues could have on the Town of Hillsborough, we request, in conjunction with Orange County, that any actions affecting the widening of I -85 be postponed until our concerns have been adequately addressed. Sincerely, Mayor Horace H. Johnson Town of Hillsborough cc: Paul Thames, County Engineer Agatha Johnson, Town Clerk /mc a S 6 R E S O L U T I O N WHEREAS, the North Carolina Department of Transportation responded to existing and projected traffic volumes on Interstate Highway 85 west of Hillsborough by proposing planned improvements; and involve the construction of and removal of the overpass has WHEREAS, planned improvements four additional traffic lanes over West Ten Road; and WHEREAS, planned improvements will create additional impervious surface in the Seven Mile Creek protected watershed area and limit pedestrian and non - motorized access from Ben Johnston Road to points south of Interstate 85; and WHEREAS, the Oran e Count Board of Commissioners desires a program of cooperative, coordinated, and continuing transportation planning with the State of North Carolina; and WHEREAS, the Orange Count Board of Commissioners is committed to the protection of existing and future drinking water supplies and to mobility opportunities for its citizens; NOW THEREFORE, the Orange County Board of Commissioners requests that: * The North Carolina Department of Transportation implement appropriate best management practices to control runoff from Interstate 85 into Seven Mile Creek; and * That pedestrian and non - motorized access under Interstate 85 Road to d tunnel be maintained g or similar structure. BE IT RESOLVED, this 5th day of March, 1990- Z41&Y /r Moses Carey, Chairmau Orange County Board'/o Commissioners 1.' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611 -5201 JAMES G. MARTIN DIVISION OF HIGHWAYS GOVERNOR November 29, 1990 THOMAS J. HARRELSON SECRETARY Mr. Paul K. Thames, P. E. Orange County Engineer 109 Court Street Hillsborough, North Carolina 27278 Dear Mr. Thames: 7 WILLIAM G. MARLEY, JR -, P -E. STATE HIGHWAY ADMINISTRATOR This is in response to your March 26, 1990 letter regarding the proposed widening of I -85 from Greensboro to Hillsborough, Transportation Improvement Program Projects I -303 and I -304. Enclosed in your letter was a resolution passed by the Orange County Board of Commissioners March 5, 1990 requesting the following be included in the highway improvements: (1) best management practices to control runoff from I -85 into Seven Mile Creek and (2) provisions for continued access under I -85 at the existing SR 1144 (Old NC 10) grade separation. Roadway drainage pollutants originating from the proposed highway facility will be filtered through vegetated areas such as grassed shoulders, ditches, and slopes before entering Seven Mile Creek. An emergency response plan established by Orange County and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, will minimize potential contamination of Seven Mile Creek as a result of hazardous material spills on I -85. During project construction the contractor will be required to - follow erosion and sedimentation control measures established by the Division of Highways and the North Carolina Department of Environment, Health, and Natural Resources. Based upon these factors, no major water degradation impacts on the future Seven Mile Creek Reservoir are expected to result from the project. Permanent wet detention ponds are not recommended for inclusion in the project. Our staff feel the above features would remain appropriate if Seven Mile Creek were upgraded to a WS -I classification by the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management. The existing grade separation on I -85 at SR 1144 is to be removed as part of the project. There are no plans to construct a box culvert to provide continued access at that location. NCDOT staff biologists have indicated the primary wildlife corridor in the area is Seven Mile Creek, which crosses under I -85 approximately 2600 feet east of the SR 1144 grade 8 separation. There door horsebackrridebrs for at providing crossing under 1 -85 f ing grade separation. If Orange County wishes to further pursue this crossing for horseback rider or pedestrian access, the Division of Highways will need further documentation of the need for the crossing (riders or pedestrians per day, trip origins and destinations, etc.). Please note the Division of Highways will consider including a crossing under I -85 at this location as a county - funded improvement. Right of way acquisition for improvements to the 4.7 -mile section of I -85 in the vicinity of SR 1144 (Project I -304E) is already underway. Construction is scheduled to begin in June of 1993. Thank you for your interest in the project. if we can nibe of further Engineer, ssistance, please contact Mr. Wilson St 733- -7842 in Raleigh. Yours ru y, r L. J. Ward, P. E., Manager Planning & Environmental Branch JWS /rm cc: Mr. W. B. Buchanan, North Carolina Board of Transportation ORANGE COUNTY COMMISSIONERS 9 P.O. Box 8181 HILLSBOROUGH, N.C. Moses Carey, Jr. 27278 732 -8181 Alice M. Gordon Stephen In H. sko Halkiotis 968 -4501 Verla C. In March 24, 19 9 2 688 -7331 Don Willhoit 227 -2031 644 -3004 (Fax) William G. Marley State Highway Administrator North Carolina Department of Transportation PO Box 25201 Raleigh. NC 27611 -5201 Dear Mr. Marley: The Board of Commissioners of Orange County wishes to indicate support for the Town of Hillsborough in its request to meet with members of your staff with regard to the issues of the closure of the Old NC 10 bridge near Efland. NC and the provision of permanent best management practices for the protection of water quality in Seven Mile Creek. The County Commissioners have been concerned with these issues for quite some time. as evidenced by a formal resolution adopted by the Board on March 5. 1990, and forwarded to Mr. L. Jack Ward of NCDOT on March 26, 1990. As of this date. the Orange County Board of Commissioners has not been convinced that NCDOT has sufficiently addressed the issues raised by the Town of Hillsborough recently or by Orange County in 1990. We would welcome and appreciate the opportunity to have members of the County Planning and Engineering staff meet with members of your staff and the Town of Hillsborough to discuss this issues further. Thank you for your attention to this matter. Sincerely. Moses Carey, Chairman Orange County Board of Commissioners ADOT0324 YOU COUNT IN ORANGE COUNTY 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda — ACTION AGENDA ITEM ABSTRACT Item No. X Meeting Date: March 24, 1992 SUBJECT: COMMISSIONER APPOINTEES TO BOARDS AND COMMISSIONS DEPARTMENT: COUNTY COMMISSIONERS ATTACHMENT(S): Under Separate Cover PUBLIC HEARING YES: - - - -NO: X -- INFORMATION CONTACT: Beverly Blythe ext. 2130 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: The attached recommendations are being presented for the Board of Commissioners consideration. The individual appointments are listed on page 2. BACKGROUND: ARTS COMMISSION HILLSBOROUGH BOARD OF ADJUSTMENT HILLSBOROUGH PLANNING BOARD HUMAN RELATIONS COMMISSION RECOMMENDATION(S): As the Board decides ORANGE COUNTY HOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. SUBJECT: MINUTES Meeting Date: MARCH 24, 1992 DEPARTMENT: -COUNTY r - COMMISSIONERS PUBLIC- HEARING -- -YES: - - - -NO: X -- ATTACHMENT(S): UNDER SEPARATE INFORMATION CONTACT: - BEVERLY BLYTHE COVER 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. December 11, 1991 - Special Public Hearing February 3, 1992 - Regular Meeting BACKGROUND: In accordance with 153A -42 of the General Statutes, the Governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S): As the Board decides. RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE TRANSFER OF SURPLUS PROPERTY TO THE ORANGE COUNTY HOUSING AUTHORITY WHEREAS, Orange County acquired the following identified properties by tax foreclosure (hereinafter "the parcels of property ll) : Parcel I: Tax Parcel 7.100.C.10 Parcel II: Tax Parcel 7.100.C.10A Parcel III: Tax Parcel 7.91.H.7 WHEREAS, the Board of County Commissioners has determined that the parcels of property are surplus property; and WHEREAS, Habitat for Humanity of Orange County and the Knolls Neighborhood Development Association (which Association consists of property owners in the community where the parcels of property are located) has requested that steps be taken to make the parcels of property available for low cost housing; and WHEREAS, the Orange County Housing Authority has the authority to provide dwelling accommodations for persons of low income and has the authority to accept ownership of property to accomplish that purpose; and WHEREAS, the Board of County Commissioners has determined that the use of the parcels of nronerty to nrnwi A= AWAM1 1 -r accommodations for persons of low income is appropriate. NOW, THEREFORE, BE IT RESOLVED pursuant to North Carolina General Statutes 5 §157 -42, 160A -267 and 160A -274: 1 1. The following parcels of property are surplus property: Parcel I: Tax Parcel 7.100.C.10 Parcel II: Tax Parcel 7.100.C.10A Parcel III: Tax Parcel 7.91.H.7 2. The Chairman of the Board of Commissioners is authorized, on behalf of Orange County, to convey by non - warranty deed in consideration of the payment to Orange County of $1.00, the parcels of property to the Orange County Housing Authority. 3. That the Clerk to the Board of County Commissioners is authorized to attest the conveyances authorized herein and is further authorized and directed to publish a notice containing this Resolution in the Chapel Hill Herald one time after the adoption of this Resolution. 4. The non - warranty deeds conveying the parcels of property to the Orange County Housing Authority shall not be executed by the Chairman and attested by the Clerk to the Board of Commissioners and the deeds shall not be tendered to the Orange County Housing Authority until at least ten (10) days after the publication of the notice containing this Resolution. This the 24th day of March , 1922 Commissioner W i 1 1 ho i t moved the passage of the foregoing resolution and Commissioner Insko seconded the motion, and the resolution was passed by the following vote: Ayes: Chair Moses Carey, Jr. and Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit 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 24 1992 , as relates in any way to the Resolution for the transfer of surplus property to the Orange County Housing Authority 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 25th day of Mach , 19 92 . [SEAL] Beverly B Clerk t he Orange v County Bo rd of Commissioners 3 �F 2 RESOLUTION AUTHORIZING AN APPLICATION FOR COMMUNITY DEVELOPMEIiT BLOCK GRAD *T FUNDS NOW, THEREFORE BE IT RESOLVED by the board of Commissioners of Orange County, that an application for Community Revitalization Grant funds from the N.C. Department of Economic and Community Development Department is herebv authorized. The target neighborhood is the Efland community and the amount to be requested is $1,000,000. The application will be submitted on or before May 15, 1992. This the Z2 _ day of x 1-992 Moses E. Carey, it Orange County Boa of Commissioners ATTEST: Bever r Blv e, Clerk Orange Cou y Board of Commissioners _� PROCLAMATION COUNTY GOVERNMENT MONTH WHEREAS, The North Carolina Association of County Commissioners and the National Association of County Commissioners have urged citizens across the state and the nation to learn more about county government's role in our lives, and WHEREAS, Orange County government has served the citizens of the County since 1752 and places its emphasis on addressing citizens concerns and needs, and WHEREAS, The elected and appointed officials of Orange County take pride in serving the citizens in the County and in letting each citizen know he or she counts, and WHEREAS, County government provides a wide range of services including public safety, community planning and human services, which have a direct impact on citizens, and WHEREAS, Citizens may learn about county services and resources through outreach efforts provided by County officials. NOW THEREFORE, We the Orange County Board of Commissioners do hereby proclaim the month of April 1992 as Orange County Government Month, and further encourage all citizens to become familiar with the services provided by Orange County government. This the twenty- fourth day of March, 1992 By: Moseff Carey, Jr., Chair / /%' Orange County Board of C issioners ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. Moses Carey, Jr. 27278 Alice M. Gordon Stephen H. Halkiotis Verla 1. Insko Don Willhoit P R O C L A M A T I O N SOCIAL SERVICES EMPLOYEES APPRECIATION MONTH WHEREAS, Social Services Employees administer a wide range of service programs designed to provide Orange County citizens basic resources and social work services to maximize their well -being and self determination; and, WHEREAS, Social Services Employees act on behalf of all citizens to prevent abuse, neglect, and exploitation of children and disabled adults, and when necessary, intervene to protect them; and, WHEREAS, Social Services Employees are caring professionals who are committed to serving Orange County citizens in a compassionate, confidential manner; and, WHEREAS, Orange County wishes to set aside a special month to recognize the vital contributions of Social Services Employees in orange County; and, NOW THEREFORE, We, the Orange County Board of Commissioners proclaim April, 1992 as "Social Services Employees Appreciation Month" in Orange County, and urge all citizens to join us in honoring our Social Services Employees. GIVEN UNDER MY HAND AND THE SEAL OF THE COUNTY OF ORANGE ON THIS THE FIRST DAY OF APRIL IN THE YEAR OF OUR LORD, NINETEEN HUNDRED AND NINETY ONE. - Moses Carey, Jr. Orange County Board of C i sioners 732 -8181 968 -4501 688 -7331 227 -2031 644 -3009 (Fax) YOU COUNT IN ORANGE COUNTY 1. (D PUBLIC HEALTH WEEK PROCLAMATION FROM THE COUNTY COMMISSIONERS WHEREAS, The State of North Carolina has adopted the week of April 5 through April 11, 1992, as Public Health Week in North Carolina; and WHEREAS, The public health facilities in orange County serve thousands of our citizens each year; and WHEREAS, Public health assures a cleaner, safer, more wholesome environment in which to live; and WHEREAS, Healthful living is the major prevention of the financial burdens of disease and chronic illness; and WHEREAS, Concerned, informed and active citizens will ensure a healthy future for orange County; THEREFORE, we hereby proclaim April 5 through April 11, 1992 as PUBLIC HEALTH WEEK in orange County, with the theme "Healthy Living." Chair, Board of commissioner orange County ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 272 -78 c April 2, 1992 Mr. Thomas W. Ellis, III, Director Aquaculture and Natural Resources North Carolina Department of Agriculture P.Q. Box 27647 Raleigh, North Carolina 27611 Dear Mr. Ellis: 3 -ay 9a On March 24, 1992, the Orange County Board of Commissioners adopted a Voluntary Farmland Preservation Ordinance under the provisions of Article 61 of Chapter 106 of the N.C. General Statutes. The ordinance became effective on April 1, 1992. Pursuant to G.S. 106 --743, the enclosed copy of the ordinance is being provided to you to satisfy the requirement that the ordinance be recorded with the N.C. Commissioner of Agriculture's office. Orange County will submit a written report at least once a year to the Commissioner's office which outlines the status, progress, and activities of the County's farmland preservation program. Should you have any questions regarding this matter, please feel free to contact me at your convenience. ys�,incerely, && Marvin E. Collins Planning Director CC: Ms. Elizabeth Walters, Chair Orange County Agricultural Districts Advisory Board Mr. John Link, Orange County Manager Mr. Geofrey Gledhill, Orange County Attorney Ms. Beverly Blythe, Clerk to the Board of Commissioners � l r ' r RESOLUTION OF BOARD OF COMMISSIONERS OF ORANGE COUNTY APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE OF CAROLINA CABLE TO CABLEVISION OF DURHAM INC. WHEREAS, Prime Cable Income Partners, L.P. d/b /a Carolina Cable ( "Prime ") has been granted a nonexclusive franchise by Orange County authorizing the use of rights of way in the unincorporated areas of Orange County for the distribution of cable television service (the "Prime Franchise'.'); and WHEREAS, by simultaneous action by the Board of Commissioners, the Prime Franchise has been amended by Ordinance to alter the service area covered by the Prime Franchise and to add certain obligations for Cablevision of Durham, Inc., ( "Cablevision ") as transferee of the Prime Franchise as a condition of the approval of the transfer; and WHEREAS, American Television & Communications Corporation ( "ATC "), the parent corporation of Cablevision has entered into an agreement with Prime to acquire the cable system operated by Prime in Orange County and surrounding areas, subject to the consent and approval of the Orange County Board of Commissioners; and WHEREAS, ATC and Prime have requested the approval of the Board of Commissioners for the transfer of the Prime Franchise, as amended, to Cablevision, ATC or an affiliated entity under the control of ATC's parent corporation, Time Warner, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS: L The Board of Commissioners of Orange County hereby gives its approval and consent for the transfer of the Prime Franchise, as amended, to Cablevision, ATC or any affiliated entity under the control of Time Warner, Inc. 2. Following the transfer, Cablevision shall furnish the County with a signed acceptance acknowledging the transferee's obligations under the terms of the Prime Franchise, as amended, no later than thirty (30) days following the transfer. The acknowledgement shall include Cablevision's acceptance of the obligation to pay an annual privilege license tax of five percent (5 %) of gross revenues effective January 1, 1992. This resolution shall tape effect immediately having been duly adopted this day of ,4�14 9611 - , 1992, by the Board of Commissions of Orange County, North Carolina as provided by law. ATTEST: A Clerk Board of Commissioners Orange County Date [7222\Ao\01] ORANGE COUNTY L-IM 2 ]BOARD Or y. ,L RESOLUTION OF BOARD OF COMMISSIONERS OF ORANGE COUNTY APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISES OF CABLEVISION OF DURHAM, INC. TO TIME WARNER ENTERTAINMENT COMPANY, L.P. WHEREAS, by simultaneous action and resolution of the Board of Commissioners, Cablevision of Durham, Inc. ( "Cablevision ") has become, through transfer from Prime Cable Income Partners, L.P. d/b /a Carolina Cable, the holder of a nonexclusive cable television franchise for Orange County (the "Prime Franchise "); and WHEREAS, Cablevision has been granted a limited franchise by the County to offer cable television service in certain designated portions of the County (the " Cablevision Limited Franchise ") and is currently providing cable television service in the County pursuant to the limited franchise; and WHEREAS, Cablevision is a subsidiary or division of American Television and Communications Corporation ("ATC"); WHEREAS, ATC is a majority owned subsidiary of Time Warner Inc., ( "Time Warner "), a widely held New York Stock Exchange company which intends to create a new limited partnership entity comprised of the business and assets of its filmed entertainment, programming and cable divisions, which entity shall be known as Time Warner Entertainment Company, L.P. ( "TWE "); and WHEREAS, Time Warner will retain majority ownership as well as operating and management control of TWE and will operate TWE as a controlled subsidiary of Time Warner employing the assets of ATC including the Franchise and Cablevision, and the assets of Warner Cable, Lorimar Telepictures, HBO, and Warner Bros.; and WHEREAS, Time Warner intends to offer minority limited partnership interests in TWE to strategic partners in TWE, including Toshiba Corporation and C. Itoh & Co. Ltd.; and WHEREAS, ATC will continue to exist as an operating division of TWE, with the existing management structure remaining at both the local and corporate levels and no change is anticipated in the manner in which the business and operations of Cablevision are conducted; and NOW, THEREFORE, be it resolved that, insofar as may be necessary or advisable under the Prime Franchise and the Cablevision Limited Franchise, approval is hereby given for the transfer of the Prime Franchise and the Cablevision Limited Franchise, and the cable television systems operating pursuant thereto, to TWE or other affiliated entity under the control of Time Warner, Inc. and such transfer is hereby authorized and consented to in all respects. L� This resolution shall take effect immediately having been duly adopted this day of , 1992 by the Board of Commissioners of Orange County, North Carolina as provided by law. ATTEST: Clerk of Board of Commissioners Orange County `7� 1-21-2 _ Date [722Zt\o\OZ/1he] ORANGE COUNTY Uz 4 ;HAIR, ORANGE COUNTY 00AR0 OF COMMISSIONERS zex ORANGE COUNTY VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANI Section I - ENACTMENT Pursuant to the authority conferred by the Farmland Preservation Enabling Act, Article 61 of Chapter 106 of the North Carolina General Statutes, Section 106 -735 et seq., and for the purpose of promoting the health, safety, morals, and general welfare of the county, the Board of Commissioners of Orange County, North Carolina, hereby adopts this ordinance, which shall be known as the Voluntary Farmland Preservation Program Ordinance of Orange County, North Carolina. Section II - PURPOSE The purpose of this ordinance is to encourage the voluntary preservation and protection of farmland from non -farm development, recognizing the importance of agriculture to the economic and cultural life of the county. Section III - DEFINITIONS For the purposes of this ordinance, the following terms shall have the following definitions: Board: Orange County Agricultural Districts Advisory Board Chair: Chair of the Orange County Agricultural Districts Advisory Board District: Voluntary Agricultural District Section IV - AGRICULTURAL DISTRICTS ADVISORY BOARD A. CREATION An Orange County Agricultural Districts Advisory Board, consisting of seven (7) initial members appointed by the Board of County Commissioners, is hereby established. Additional appointments may be made to satisfy the requirements of Section IV.B.I.b.of this ordinance, provided, however, the maximum number of members shall not exceed fifteen (15) . B. MEMBERSHIP 1. Requirements a. Each Board member shall be a resident of Orange County. 2. 3. b. Each District existing pursuant to this ordinance shall be represented on the Board by a person owning farmland in the District. C. Four (4) of the seven (7) initial members shall be actively engaged in farming. d. To the extent possible, each township in Orange County shall be represented by a person engaged in farming and owning farmland in the township. e. In making appointments to the Board, the Orange County Board of Commissioners shall consider the recommendations of persons owning farmland in the Districts. f. Two (2) of the three (3) non -farm members of the Board shall be "municipal representatives," while the other shall be a member of the "development community." Tenure Each member shall serve a term of three (3) years, except that the initial Board is to consist of two (2) appointees for terms of two (2) years, two (2) appointees for terms of three (3) years, and three (3) appointees for terms of four (4) years. Thereafter, all appointments are to be for terms of three (3) years, with reappointments permitted. Vacancies Any vacancy on the Board is to be filled for the remainder of the unexpired term. The member filling the vacancy shall come when possible from the same District, township, municipal or development community seat as the member whose vacant seat he /she is filling. C. PROCEDURE The Board shall develop procedures for the conduct of its meetings, which procedures shall be consistent with Robert's Rules of order. D. DUTIES The Board shall have the authority to: 1. Review and approve the form of the agreement to sustain agriculture required in Section V of this ordinance; 2. Review and approve applications for qualifying farmland certification and make recommendations concerning the establishment and modification of agricultural districts; 3. Review and make recommendations concerning proposed amendments to this ordinance; 4. Hold public hearings pursuant to Section VII of this ordinance; 5. Hold joint public hearings with the Orange County Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County; 6. Advise the Board of County Commissioners on projects, programs or issues affecting the agricultural economy or activities within the county and that will affect agricultural districts; 7. Study additional methods of farmland preservation and make recommendations to the Orange County Board of Commissioners; and S. Perform other related tasks or duties assigned by the Orange County Board of County Commissioners. Section V - APPLICATION AND CERTIFICATION OF QUALIFYING FARMLAND AND VOLUNTARY AGRICULTURAL DISTRICTS A. PURPOSE The purpose of voluntary agricultural districts is to increase identity and pride in the agricultural community and its way of life, and to increase protection from nuisance suits and other negative impacts on properly - managed farms. B. REQUIREMENTS FOR INCLUSION IN A VOLUNTARY AGRICULTURAL DISTRICT 1. An agricultural district shall initially consist of: a. At least 155 contiguous acres of certified qualifying farmland; or b. At least two or more certified qualifying farms, contiguous to each other, which will create a district of not less than 155 acres. 2. The owners of the qualifying farmland must execute an agreement with Orange County to sustain agriculture in the District. 3. Qualifying farmland may be added to existing districts upon execution by the owner of an agreement to sustain agriculture. 4. In the event that one or more participants in the District withdraw and the acreage in the District becomes less than the minimum acreage required or results in the remaining land being non - contiguous, a voluntary agricultural district will continue to exist so long as there is one qualifying farm. C. CERTIFICATION AS QUALIFYING FARMLAND 1. To secure certification as qualifying farmland, a farm must: a. Be participating in the farm present use -value taxation program established by the N.C. General Statutes, Sections 105 -277.2 through 105- 277.7, or is otherwise determined by the County to meet all the qualifications of this program set forth in the N.C. General Statutes, Sections 105 - 277.3. b. Be certified by the Soil Conservation Service of the United States Department of Agriculture as being a farm on which at least two - thirds of the land is composed of soils that: (1) Are best suited for providing food, seed, fiber, forage, timber, and oil seed crops; (2) Have good soil qualities; (3) Are favorable for all major crops common to Orange County; (4) Have a favorable growing season; and (5) Receive the available moisture needed to produce high yields for an average of eight (8) out of ten (10) years; OR be one on which at least two - thirds of the land has been actively used in agricultural, horticultural or forestry operations as defined in the N.C. General Statutes, Section 105 -277.2 (1,2, and 3), during each of the five (5) previous years, measured from the date on which the determination must be made as to whether the land in question qualifies. C. Be managed, if highly erodible land exists on the farm, in accordance with the Soil Conservation Service defined erosion - control practices as specified in the 1985 Food Security Act. d. Be the subject of a conservation agreement, as provided in Article 4 of Chapter 121 of the N.C. General Statutes, between the orange County and the owner of such land that prohibits non -farm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable Orange County zoning and subdivision regulations. D. APPLICATION AND CERTIFICATION PROCEDURES A farmland owner may apply for either certification as qualifying farmland or for qualifying farmland certification and designation as a voluntary agricultural district. For a farmland owner to receive the benefits provided by this ordinance, the farm must be certified as qualifying farmland by the Agricultural Districts Advisory Board and designated as a voluntary agricultural district by the Board of County Commissioners. 1. Applications for qualifying farmland certification and for voluntary agricultural district designation shall be made to the Orange County Planning Department on forms provided by that department. 2. The Planning Department shall review each application for completeness. When complete, the application shall be forwarded to: a. The Orange County Tax Supervisor's Office; and b. The local office of the Soil Conservation Service of the United States Department of Agriculture. Within 30 days of receiving an application, the above offices shall evaluate the application for compliance with the requirements of Section V.D.2. above and return their findings to the Planning Department. The Planning Department shall present the application for consideration at the first meeting of the Agricultural Districts Advisory Board, following receipt of the findings of the above offices. 3. Within 60 days of receipt of the findings of the Orange County Tax Supervisor and Soil Conservation offices, the Board will render a decision regarding the application of qualifying farmland status, and, if applicable, prepare a recommendation to the Board of County Commissioners regarding the establishment of a voluntary agricultural district. The Chair will notify the applicant by mail of the Board's decision as to whether the real property for which certification is sought satisfies the criteria established in Section V and has been certified as qualifying farmland. If application was also sought for designation as a voluntary agricultural district, the Chair will notify the applicant of the Board's recommendation concerning such designation. 4. Upon receipt of the recommendation of the Board, the Board of County Commissioners may consider an application for establishment of a voluntary agricultural district. In deciding whether to establish a district, the Board of County Commissioners shall consider the findings of the orange County Tax Supervisor and Soil Conservation offices as well as the recommendation of the Board. 5. Upon approval by the Board of County Commissioners, the establishment of a voluntary agricultural district shall become effective upon recordation of a conservation agreement, prepared in accordance with Section V.C.(1)(d), executed by the landowner and the County, and recorded in the Orange County Register of Deeds as provided in the N.C. General Statutes, Section 121 -41. 6. Upon recordation of a conservation easement, the Planning Department will notify the Orange County Tax Supervisor of the voluntary agricultural district established. The location of said district will be marked on the Orange County tax maps. E. The County may take such action as it deems appropriate through the Agricultural Districts Advisory Board or other body or individual to encourage the formation of voluntary agricultural districts and to further their purposes and objectives, including, at a minimum, a public information program to reasonably inform landowners of the farmland preservation program. Section VI - REVOCATION OF CONSERVATION AGREEMENT By written notice to the Board of County Commissioners, a landowner of qualifying farmland may revoke the conservation agreement formulated pursuant to Section V of this ordinance. Such revocation shall result in loss of qualifying status, and consequently, loss of eligibility to participate in a voluntary agricultural district and benefits thereof. Upon revocation of a conservation agreement, written notice of the revocation shall be recorded in the Orange County Register of Deeds as provided in the N.C. General Statutes, Section 121 -41. Section VII - PUBLIC HEARINGS A. PURPOSE No state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the orange County Agricultural Districts Advisory Board to hold a public hearing on the proposed condemnation. B. PROCEDURE 1. Upon receiving a request, the Agricultural Districts Advisory Board shall publish notice describing the proposed action in a newspaper having general circulation in the area within seven (7) days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within 30 days of receipt of the request. 2. The Board will, in making its findings and recommendations following the public hearing, consider such factors as: a. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and b. Alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities and farm land base of the voluntary agricultural district within which the proposed action is to take place. 3. The Board will consult with the Orange County Cooperative Extension Service, the local U.S.D.A. Soil Conservation Service office, and the orange County Planning Department, and may consult with any other individuals, agencies or organizations, public or private, necessary to the Board's review of the proposed action. 4. Within 30 days after the request for public hearing, the Board will make a report to the decision- making body of the proposed condemnor, which report shall contain the Board's findings and recommendations regarding the proposed action. 5. Pursuant to N.C. General Statutes, Section 105 -740, the proposed condemnor shall not formally initiate a condemnation action while the proposed condemnation is properly before the advisory board within these time limitations. Section VIII - RECORD NOTICE OF PROXIMITY TO FARMLANDS A. PURPOSE The purpose of this section is to help prevent potential conflicts from occurring between qualifying farms and non -farm landowners regarding acceptable and responsible farming operations and practices, and to minimize the incidence of nuisance suits against owners of qualifying farmland. B. PROCEDURE Upon certification of qualifying farmland and designation of real property as a voluntary agricultural district, the Orange County Land Records System shall be changed to include a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one -half mile of a voluntary agricultural district. C. In no event shall the County or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, of nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under subsection B above. D. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this ordinance. Section IS - WAIVER OF WATER AND SEWER ASSESSMENTS A. Landowner(s) belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. B. Water and sewer assessments will be held in abeyance, without interest, for farms, whether inside or outside of a voluntary agricultural district, until improvements on such property are connected to the water or sewer system for which the assessment was made. C. When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. D. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. E. Assessment procedures followed under Article 9 of Chapter 153A of the N.C. General Statutes shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordinance was in effect. F. Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C. General Statutes, Section 153A -201. A. B. A. Section S - LAND -USE INCENTIVES TO VOLUNTARY AGRICULTURAL DISTRICT FORMATION PURPOSE The purpose of this section is to help meet the needs of agriculture as an industry in Orange County and prevent conflicts between voluntary agricultural district participants and non -farm landowners in proximity to districts. PROCEDURE Land -use planning decisions and ordinances affecting parcels of land adjacent to any district shall take into account the existence of such district and the purpose of this ordinance. Section %I - NORTH CAROLINA AGENCY NOTIFICATION The Board may consult with the North Carolina Commissioner of Agriculture, the North Carolina Division of Soil and Water, and any other entity the Board deems necessary to the proper conduct of its business. B. A copy of this ordinance shall be recorded with the North Carolina Commissioner of Agriculture's Office after adoption. At least once a year, the County shall submit a written report to the Commissioner of Agriculture including the status, progress, and activities of the County's farmland preservation program, which report may include voluntary agricultural districting information regarding: 1. Number of landowners involved in the program; 2. Number of acres for which qualifying farmland certification has been applied for; 3. Number of acres certified as qualifying farmland; 4. Number of acres denied certification as qualifying farmland; and 5. Number of districts in orange County. C. Copies of the reports cited in Section XI.B. above may be sent to the Orange County Board of Commissioners and any other entities the Board deems appropriate. Seotxon XII - PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS As provided in the N.C. General Statutes, Section 106 -744, Orange County may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qualifying farmland as defined in Section V.D. of this ordinance and located within a voluntary agricultural district as defined in Section V.C. of this ordinance. This ordinance shall be effective from and after April 1, 1992. Duly adopted by the Board of Commissioners of the County of Orange, North Carolina, this 24th day of March, 1992. ATTEST: / • e Boar • • • 'mmissioners Chairman Orange County Board of Commissi TO WHOM IT MAY CONCERN: I-7FI- This is to certify that on March 24, 1992 (date of approved a the Orange County Board of Commissioners a a fireworks display at HAMMER concert permit a permit for a to be held at (event name) Smith Center, Cha e1 Hi11, NC (location of event) � on A ril 4, 1992. (date of event) The approval is made based on the following assurances from the requestor: ...Police, Fire and Emergency Medical personnel will be on site during the event to ensure public safety and to provide appropriate traffic control; ..Liability insurances have been provided with limits suitable to Orange County. ...Site inspection was made and approval given by Chapel Hill Fire Department officials and orange County Emergency Management personnel. Moses Carey Jr. Chair to the Board Mike Tapp Orange County Fire Marshal TO WHOM IT MAY CONCERN: This is to certify that on March 24, 1992 the Orange County Board of CommissionersoPp approved a ) fireworks display at HAMMER concert permit for a to be held at (event name) Smith Center, Chapel Hill, NC , on A ril 4, 1992. (location of event) (date of event) The approval is made based on the following assurances from the requestor: ...Police, Fire and Emergency Medical personnel will be on site during the event to ensure public safety and to provide appropriate traffic control; ...Liability insurances have been provided with limits suitable to Orange County. ...Site inspection was made and approval given by Chapel Hill Fire Department officials and Orange County Emergency Management personnel. Moses Carey Jr. Chair to the Board Mike Tapp Orange County Fire Marshall �J International Business Machines Corporation June 23, 1992 Mr. Ken Chavious Director of Finance County of Orange P.O. Box 8181 Hillsborough, NC 27278 Subject: RS /6000 Financing - July Installaltion 4800 Falls of the Neuse Road Raleigh, North Carolina 27609 -5491 Reference: Your Letter to Jim Irving of June 15, 1992 Dear Ken: This is an update to the referenced letter to cover IBM Credit rates available through June 30, 1992, for the proposed July installation. A contract supplement is attached for execution by the County. A summary is as follows: 1) 36 month installment payment based on the Installment Payment Master Agreement and its addendum numbered 1835005A. 2) Based on a July 1992 installation, IBM Credit will bill Orange County starting August 1, having a due date by September 1, 1992. 3) The transaction is for: Description O t�ion Purchase Amount Monthly Interest Payment Rate RS /6000 System IG $ 57,150.00 $1,747.95 6.36 IBM Software S' 50,647.00 1,550.21 6.41 & Training Other Changes T' 42,275.00 1,298.19 6.63 Total $150,072.00 $4,596.35 6.45 The annual total payout will be $55,156.20 4) Rent is charged for exactly 36 mon'the starting the first day of the month following installation. Thus, Orange County will receive a free -rent period of 1 to 30 days for the installation month, in addition to arrears payments. Thus, overall, the effective interest rate is less than our quoted APR. Mr. Chavious Page 2 June 23, 1992 Please call me at (919) 850 -7611 if you have any questions. 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The study began in July of 1991, and progress to date includes data collection, the first Citizens Informational Workshop, initial field investigations, evaluation of transportation needs, and preliminary corridors identification. Upcoming steps include the selection of corridors for detailed study, environmental evaluations, engineering studies, and the production of a State Environmental Impact Statement. The map on the following page indicates the preliminary corridors within the study area under consideration for this project. The new highway would extend from 1-85 near the Orange/Durham county line to U.S. Route 70 between Mineral Springs Road and the Durham/Wake county line. The study area includes northwest, north, northeast, and east sections of the Durham urban area. The approximate length of the study corridor is twenty miles. PROJECT NEED The need for transportation improvements within the Durham Urban Area is based on a combination of transportation demands, social demands, and economic considerations. The 1964, 1980, 1985, and current ]Durham Urban Area Thoroughfare Plans have all included a new roadway corridor in the study area to accommodate increased travel demand associated with projected growth in the area. Traffic demand studies indicate that the existing transportation facilities will be inadequate to accommodate the forecasted traffic volumes for the design year of 2015. Without additional roadway capacity in the transportation System, further reduced speeds, restricted maneuverability, inefficient traffic operations, and increased accidents will result. Current and planned outward growth of the Durham urban area along existing radial routes requires additional access to major travel centers. The Northwest and Northeast Loop would serve as an additional east -west roadway in the northern portion of Durham and a more direct north -south roadway in the eastern portion of the urban area. This roadway would provide improved access to many areas in the Durham area including Research Triangle Park and the Raleigh- Durham Airport to the east, as well as Duke University and Medical Center to the west. Planned industrial areas along Hamlin Road would also benefit from improved roadway access for workers, raw materials, supplies, and distribution of finished products. "cIVED FROM $71 0454 P. 4 a CD cn 94 0 g a "� ►►� E- ,� °z " a � c) d T , U 4V N PROJECT HISTORY The Durham Northwest and Northeast Loop, also known as Eno Drive - Gorman Road and the Inner Loop has been in the planning stage for over 25 years in the Durham area. The 1964 Durham Urban Area Long Range Thoroughfare Plan identified the need for the Eno Drive Corridor. Additionally, in 1967, preliminary functional designs of Eno Drive-Gorman Road were prepared for the City of Durham in order to protect the corridor for future roadway construction. Several additional corridors have since been recommended by local elected officials, neighborhood associations, civic groups, and the public as part of the continuing planning process for the Durham Urban Area Thoroughfare Plan, The Eno Drive corridor remained relatively unchanged in the 1964, 1980, and 1985 Thoroughfare Plans. The corridor extended from the intersection of U.S. 70 and NC 751 near the Orange/Durham county line, remained south of the Eno River, crossed 1 -85 at Glenn School Road, and ended at the intersection of U.S. 70 and Mineral Springs Road. Planning for the current Thoroughfare Plan began in the late 1980'x. initially, the only substantial change in the Eno Drive corridor involved the relocation of the eastern project terminus along U.S.70 to a new connector to Aviation Parkway at the Raleigh- Durham airport. In 1989, the Durham City Council suggested additional corridors for consideration. One was located north of the Eno River, and followed Umstead, Latta, and Infinity Roads. The other corridor was located along Horton Road south of the original alignment, That same year, the North Carolina General Assembly approved the Highway Trust Fund Bill which provided funding for the construction of urban loops for seven North Carolina cities, including Durham. In 1990, the Durham City Council recommended that additional alignments in the vicinity of Roxboro Road be considered. The Durham City Council also that year, by resolution, requested the North Carolina Department Of Transportation to begin an Environmental impact Statement to determine the most feasible corridor for the proposed roadway. The Durham Northwest and Northeast Loop Corridor Study began in July, 1991. Each of the previously recommended corridors, as well as others suggested by citizens and the Department of Transportation, have been evaluated during this study and comprise the basis for the preliminary corridors that are being presented at this informational briefing. TRAFFIC PROJECT IONS Initial traffic forecasts for the proposed roadway indicate the need for a four -lane facility. Travel demand estimates for the design year of 2015 range from a low of 10,000 vehicles per day to a high of 30,000 vehicles per day at various locations along the corridor. West of Roxboro Road traffic estimates range from 10,000 to 20,000 vehicles per day. East of Roxboro Road the daily traffic volume estimates are higher and range from 13,000 to 30,000 vehicles per day. Generally, if traffic volumes on a two -lane urban arterial approach or exceed 10,000 vehicles per day, then a multi -lane roadway would be necessary to provide a reasonably efficient level of traffic service. Since the projected traffic volumes for this roadway would emceed 10,000 vehicles per day, a multi -lane roadway facility is being proposed. Based on the traffic projections, a four -lane roadway would be required to accommodate travel demand in the design year. 3 IDENTIFICATION OF PRELIMINARY CORRIDORS The Northwest and Northeast Loop is being planned as a major urban arterial roadway, capable of carrying large traffic volumes through the area. The preliminary roadway corridors shown on the reap have been chosen after identifying and considering all the feasible and practicable roadway corridors for the project, within and adjacent to the study window boundary. Threc sources have been referenced to compile the preliminary corridors; (1) the historical alignments from past and current Durham Urban Area Thoroughfare Plans including corridors suggested for consideration; (Z) alignments generated through the First Citizens Informational Workshop for this project; and (3) additional alignments developed for this study. The initial corridors shown on the map vary from 500 to 1000 feet in width depending on the surrounding land use. The corridors are wider than what would be required for right -of -way for the road in order to provide for variations in the roadway design. These are preliminary corridors and are not the limits for the final alignments. Once the final corridors are determined, the engineering and environmental analysis may require shifts in the corridors. Citizens will be given the opportunity to comment on the preliminary corridors at the upcoming Citizens Informational Workshop to be held at Chewning Middle School on March 31st from 4:00 p.m. until $:00 P.M. TYPICAL SECTIONS FIVC-Tane Urban SeWon: This typical cross section would be utilized in developed arm where there are numerous existing street intersections and entrances. T"he five-lane urban typical r•r uses a continuous • median . provide st• . r left-huming vehicles and minimize interference to through T t -I -I T7 100' MINIMUM RIGHT-OF-WAY 4 Four-Lane Urban Section: The four -lane urban section would be introduced in urban areas with minimal access requirements. This section provides access and median openings only for street intersections or entrances to major developed areas. A raised median will provide additional safety by preventing most cross - median accidents, reducing headlight glare from oncoming vehicle's at night, and, regulating left -turn movements. 14' 12' 12' Four -Tare Rural SeWon: This section would be used in currently undeveloped areas where an increased right -of -way would likely be available. The four -lane rural typical section has a wider median, shoulders along the outside of the travel lanes, and does not utilize curbs along the roadway. The advantages of the rural section include increased traffic safety, driver comfort, and ease of operation. 121, 3 6' 12' 12' W E1 /AL UA TION OF AL TERNA TI VES This NCDOT plaamiag and environmental study will identify and evaluate several transportation alternatives. Evaluation factors will include engineering, social, environmental, and economic impacts of the proposed action. The alternatives to be evaluated in the study include the Build Alternative, the "No- Build" or "Do- Nothing" Alternative, the improve Existing Facilities Alternative, the Mass Transit Alternative, and the Transportation Systems Management Alternative. The Build Alternative will evaluate the most reasonable roadway corridors within the study area. The "No- Build" Alternative will evaluate the local conditions should the new roadway not be constructed. Improvements to existing roadway facilities instead of constructing the new corridor will be evaluated in the Improve Existing Facilities Alternative. The Mass Transit Alternative will involve evaluation of transit improvements to meet future travel demand in the study area. And finally, the Transportation Systems Management Alternative will involve making minor improvements in the existing transportation system to achieve the maximum operational efficiency. ENGINEERING ENVIRONMENTAL The engineering portion of the study will focus on developing a series of safe and efficient build alternates based on the past, current, and future travel demands in the study window. These build alternates will be located within the final corridors being evaluated and will have various features depending on the traffic volumes and locations. Engineering evaluation factors include cost estimates, level of traffic service, roadway safety, constructability, and maintenance of existing traffic. . SOCIAL Social issues that will be addressed include potential impacts to existing neighborhoods, ANN%— community facilities, and recreational areas. An estimate of relocated residences, businesses, and non -profit organizations will be determined for each alternate. The effects of the project on the elderly, handicapped, transit -dependent, and minorities will also be addressed. Additionally, the study will identify and assess impacts on architecturally and archaeologically important cultural and historic resources, The major environ- mental impacts to be investigated in this study include Air Quality, Floodplains, Noise, Protected Plant and Animal Species, A 9 uatic and Terrestrial 60 Ecology, Water Resources, Wetlands, Farmlands, Soils, Hazardous Wastes, and the Visual Environment. The environmental study will be documented in Environmental Technical Reports as well as Draft and Final Environmental Impact Statements. Detailed envirorunental evaluations of the alternates will be presented in these reports along with comments and correspondence received from local, state, and federal agencies as well as the public throughout the study process. ECONOMIC The economic impacts on the local or regional economy such as the effects of the project on growth, development, and employment will be examined. Impacts of the proposed action on established business districts and highway - related businesses are also included in the study. RUED FROM 571 0454 P. 9 PLANNING pRGCE'SS 1'he planning process utilized by interdisciplinary. team to research and involves an environmental analyses coordinate the project. 'I'ho intent ofthis oprocesso�d� investigate for te the reasonable transportation alternatives and evaluate the merits Of each while maximizing citizen involvement, The planning process is currently in the second g of six phases as indicated n n the chart on the right. by The first Citizens Informational Workshops highlighted the first phase of the planning process. The workshnnt ..,a..n u ,a ay . The current phase of the study includes developing preliminary corridors based on the data identified, and the expressed call, issues field investigations aied in community E concerns. Initial preliminary corridors, the results of which are being Pre se the nted at this briefing. The final corridors for detailed study be selected based on NCDOT's evaluation of the preliminary corridors, public comment received at the citizens workshop, and continents from local, state, and federal review agencies. This summer, engineering functional design field studies, and environmental analysis will begin for�each of the final corridors. The results of this evaluation will be shown at the third citizens informational workshop in the fall. Once all studies .PH . es are ASE. completed, 1 et ed the Draft d ft Tm Environmental vir act o . . P Star nmenta] ,rbr Statement will be t?�iiai �:r,`pr�t�sraEe'; su produced. This manta:(..... mrnarize and cam report will Recordup.be Pie the results of e the environmental, en ineerin tal, social g g, statement is scheduled for Publication in evaluations. The Planting process Phases on in early 1993, After a complete review of the report, House will be held to discuss the results, and soon afterward, a Corridor Lot ' ation Public H P Hearing will be held. Fallowing the Corridor Public Hearing, final selection of a Preferred Alterna ' input from local, state, and federal a ti will be made by NCDOT with Environmental impact Statement and the Public , local o icials, and the public. All comments on the reviewed during the decision rocess. During the final phase of the project, the Final Environmental Impact Statement will be written for the Preferred would complete the planning process for the project. Should a build Record of the design process would follow the 1 Decision will be completed. This Planning process. Dunn a be selected for implementation, . involvement would occur, g design, additional opportunities for public , EIUED FROM PUBLIC INVOLVEMENT PROGRAM The continued involvement of the citizens who may be affected by the study's outcome is a vital part of the planning process for the proposed project. Public involvement provides citizens the opportunity to participate in the planning process, to convey comments to NCDOT, and to understand the overall study process and schedule. In addition to the citizens workshop on March 31st, there will be one other public workshop for this study. The third dtizens informational workshop will be held during the period of detailed environmental analysis on the final corridors for detailed study, prior to the publication of the Draft Environmental Impact Statement. A project comment sheet will be provided to the public at the workshop. They will be requested to complete the form and return it to the comment box at the registration table or mail it to the address on the back of the form. Persons indicating their name and address on the comment sheet and checking the appropriate space will be added to the project mailing list to receive newsletters and upcoming meeting announcements. Throughout the project, small group meetings will be held with interested citizens organizations, neighborhood associations, business groups, and civic groups. These meetings for informal presentations and question and answer sessions can be arranged by contacting NCDOT. A toll free project hotline is available for public comments, suggestions, or inquiries concerning the corridor study. The hotline service is available Monday through Friday during regular business hours now through the third informational workshop. If it is inconvenient to call during office hours or no one is available to answer, a message will be recorded and delivered to the appropriate study team member, who will respond to the inquiry as quickly as possible. Project newsletters will be published and maned to all persons on the mailing list periodically throughout the study. The newsletters are designed to keep the public informed of the study progress between citizens informational workshops. Following this meeting, NCDOT will be establishing a Citizens Advisory Committee to participate in the planning process and advise the study team on this project. The committee will have representation from interested local agencies, business groups, neighborhood associations, and civic groups. This committee will meet periodically throughout the study process. interested groups should contact NCDOT about having a representative serve on the Citizens Advisory Committee. Nominations to the committee can be made by calling the project hotline, filling out the comment sheet, or writing to the project address. Finally, the public will be invited to comment formally on the project during the Corridor Public Hearing. Prior to the hearing, an informal Pre - Hearing Open House will be held to present and discuss the results of the engineering and environmental evaluations. Each of the above elements of the public involvement program are important aspects of this corridor study and the overall highway planning process. The public involvement program is an integral part of this study and citizens are encouraged to participate fully. NEXT STEPS IN THE PROCESS Selection of Corridors for Further Study: The Steering Committee in conjunction with representatives from various environmental review agencies will consider all aspects of the preliminary corridors, including public comment, and recommend to NCDOT the reasonable and feasible corridors for further study. Engineering Studies: Functional engineering studies for the various final corridors will be performed. These studies will form the basis for construction cost estimates, right - of -way estimates, and relocations. Detailed Field Studies: Field verify all wetland locations, visually sensitive areas, and plant and wildlife communities including threatened and endangered species. Conduct a field survey to identify unlisted potential hazardous substances /wastes and underground storage tanks along the final corridors. Environmental Analysis: . Study and document the beneficial and adverse environmental impacts of each of the alternatives under detailed study. Conduct on -site field studies to inventory the natural resources occurring in the project area. Determine impacts to natural area such as farmlands, floodplains, forests, and wetlands. Perform air quality analyses to estimate, the carbon monoxide concentration levels using computer models. Conduct noise analyses to identify sensitive land uses in the vicinity of the project, and compare predicted noise levels to existing conditions and noise abatement standards. Analyze the social and economic impacts of the project including relocations and neighborhoods. Third Citizens Informational Workshop: Hold third citizens informational workshop to present the results of the engineering studies, detailed field studies, and environmental analysis of the final corridors. FOR MORE INFORMA TION Write: North Carolina Department of Transportation Durham Northwest and Northeast Loop Corridor Study P.O. Box 34923 Raleigh, NC 27622 Call: Durham Northwest and Northeast Loop Corridor Study Hotline (Toll Free) 1- 800 -554 -7849 T H E A M E R I C A N I N S T I T U T E • Jul ,,; AIA Document 13141 �L. 0 1: A R C H I T E C T S ORIGINAL SIGNATURES COPY Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH ANA TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the 2nd day of October Nineteen Hundred and Ninety Two BETWEEN the Owner: County of Orange (Name and address) 132 East King Street Hillsborough, NC 27278 and the Architect: Grier -Fripp Architects, P.A. (Name and address) 8001 Arrowridge Boulevard Charlotte, NC 28273 -5665 For the following Project: (Include derailed description of Project, location, address and scope.) Additions and Renovations to the Existing Jail The Owner and Architect agree as set forth below. in the year of Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The American institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 9141 • OWNER- ARCHITECT AGREEMENT - FOURTEENTH EDITION • AIA® C' 1987 'rHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. Z x)6 8141 -1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1 .1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project" and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld, AIA DOCUMENT B141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA° • CC 1987 THE AMERICAN INSTITt'TF. OF ARCHITECTS, 17,i5 NEW YORK AVENI "E. N,vr., )X'ASHING7 "ON, 1).C. 2(H)fK' 8141 -1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect.in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of on -site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work, (More extensive site representation maybe agreed to as an Additional Service, as described in Paragraph 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for. Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review, Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1 .1 and 3.33. for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents, 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 3 8141 -1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1 .1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, emploved and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, -the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto, 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project, 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1997 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(XW, 8141 -1987 4 3.4.4 Providing special surveys, environmental 'studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3,4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. fU;iii lei 44V OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including' space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT B141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION - AIA* • U 19,97 5 B141 -1987 THE AMERICAN INSTITUTE OF ARCHITECT'S, 1735 NFW YORK AVENUE. N.W. WASHINGTON, D.C. 2(x)06 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. - 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials famished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs.of the land, rights -of=way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought - 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona Fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 83; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance -with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA@ • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C- 20006 8141-1987 6 except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof, ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to 'provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination, as follows: .1 'I'wenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the' Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives tp the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement, Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 7 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long- distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10,2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner,. expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock -ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project, 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1-'An initial payment as set forth in Paragraph I I.I is the minimum payment under this Agreement, 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 115.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3,2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensarion on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found. to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the. Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of None Dollars ($ —0— shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Ntsert halts of compensation, including stipulated sums, multiples or Percentages, and tde71t1j, /iixascs to u'bub particular methoav (y romPer1.ca1i(,s apply, iJ necessary) Compensation shall be based on Ten Percent (10 %) of the Construction Cost, as defined in Article 5. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • ALA® • ©I987 THE AMERICAN INSTITI ITE OF ARCHITECTS, 1-35 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 B141 -1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: percent (20 %) Design Development Phase: percent (20 %) Construction Documents Phase: percent (37 %) Bidding or Negotiation Phase: percent (03 %) Construction Phase: percent (20 %) Total Basic Compensation: one hundred percent (100 %) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 'FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: Compensation shall be based on an hourly rate for the time spent by the Architect's personnel engaged on the project. The Architect's current rate schedule is attached. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Compensation shall ba based on an hourly rate for all time spent by the Architect's personnel engaged on the project. The Architect's current rate schedule is attached. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and two tenths( 1. 2 ) times the amounts billed to the Architect for such services, (identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one and two tenths ( 1.2 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Thirty ( 30 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 113.2. 11.5.2 Payments are due and payable twenty —one ( 21 ) days from the date of the Architect's invoice. Amounts unpaid twenty —one ( 21 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) prime plus 2 %, First Citizens Bank, Charlotte, NC (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners and Arcbi- tect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waive s.) AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 9 . 8141 -1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (insert descriptions of otber services, identify Addition! ,Services include a umiann Basic Compensation and modifications to the payment and compensation terms included in ibis Agreement.) 12.1 Reference subparagraph 2.1.1 - The Architect's Basic Services consist of those described in paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services and include the services of Professional Structural, Mechanical, Civil and Electrical Engineers, qualified by training and experience in their respective fields as needed to address the requirements of the project as defined herein; and shall require such professional engineers to place their seal, name and signature on the drawings and specifications prepared by them. 12.2 Reference subparagraph 2.2.1 and 3.4.1 - The Architect shall furnish a program to the Owner, as part of Basic Services, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner, and shall submit such understanding in writing, and shall furnish a copy to the Owner for its approval before proceeding with schematic design. 12.3 Reference subparagraph 2.4.2 - The Architect, after consultation with Owner, shall prepare the necessary bidding information and bid forms to comply with public building laws as set forth in North Carolina General Statues Chapter 143, including the necessary information required by Chapter 87 of the North Carolina General Statues pertaining to the licensing of contractors, and shall assist the Owner in preparation of the conditions of the contract and the form of the agreement between the Owner and Prime Contractors. 12.4 Reference subparagraph 2.4.4 - The Architect shall prepare, file with the appropriate regulatory agency (agencies) and, if requested, present information to the governing body (bodies) with jurisdiction over the Project. Article 12 continued on Page No. 11 This Agreement entered into as of the day and year first written above. OWNER COUNTY OF ORANGE fh (Sig re)l if z 1 r / f (Prt'nted name and title) ARCHITECT GRI (Signature) S, P.A. W. E' GI L (Printed name and tt le AIA DOCUMENT B141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20W6 8141 -1987 .10 Article 12 continued from Page No. 10 12.5 Reference subparagraph 2.4.5 - The Architect shall include in the bidding information, plans or specifications, a requirement that Prime Contractors provide operation manuals and adequate training for the experienced staff of the Owner in the operation of mechanical,, electrical, heating and air- conditioning systems installed by the Prime Contractors. 12.6 Reference subparagraph 2.6.3 - Construction Phase duties, responsibility and limitation of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect and notice to Prime Contractors. 12.7 Reference subparagraph 2.6.4 - The Architect shall be the representative of the Owner during the construction phase of the contract period, and shall advise and consult with the Owner. Instructions to the Prime Contractors shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the Owner only to the extend provided in this Agreement, unless otherwise modified by written agreement. 12.5 Reference paragraph 2.6.5 - The Architect shall visit the site periodically at intervals appropriate to the stage of construction, and shall review the work in progress during these on -site visits to endeavor to determine for the Owner's benefit and protection if the work is proceeding in accordance with the intent of the Contract Documents and the construction schedule. The Architect shall be held to the standard of care (with regard to review by on -site visits) which is generally accepted in the industry among architects of similar skill and standing in the community. The Architect shall not be responsible for construction means, methods, techniques, sequence or procedures or for safety precautions and related programs in connection with the work; and he shall not be responsible for the Prime Contractors' schedules or failure to carry out the work in accordance with the Contract Documents. Basic Services include not more than thirty -six (36) site visits during the construction phase. (A site visit is one visit by one person for not more than one day.) If more site visits are required such visits shall be Additional Services and shall be paid for in accordance with Paragraph 11.3. Article 12 continued on Page No. 12 11 Article 12 continued from Page No. 11 12.9 Reference subparagraph 2.6.6 - The Architect represents that he will follow the standards of care which are generally accepted among Architects of similar skill and standing in the community in performing all services under this agreement. Any defective designs or specifications furnished by the Architect shall be promptly redesigned by the Architect at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder, or the project itself, shall in no way diminish the Architect's obligations or the Owner's rights hereunder. 12.10 Reference subparagraph 2.6.8 - Owner and Prime Contractors shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 12.11 Reference subparagraph 2.6.9 - Based on the Architect's observations of the work, site visits, and evaluations of the Prime Contractor's applications for payment, the Architect shall review and certify the amounts due the Contractors. 12.12 Reference subparagraph 3.3.3 - Preparing Change Orders and Construction Change Directives due to omissions or defective designs or specifications furnished by the Architect shall not be considered Additional Services. 12.13 Reference subparagraph 3.4.6 - Architect shall as part of Basic Services investigate existing conditions or facilities or make measured drawings to the extent necessary for design of the addition to the existing building. The Architect may generally rely on Owner furnished documents and information, such as record drawings, etc. The Architect shall not be required to perform or to have others perform destructive testing or to investigate concealed or unknown conditions. 12.14 Reference subparagraph 3.4.16 - The Architect shall prepare or provide as part of Basic Services a set of record drawings, which Owner shall be at liberty to reproduce, showing significant changes in the work made during construction, based on marked -up prints, drawings and other data furnished by the Prime Contractors to the Architect, including, but not limited to, the location of water, sewer, telephone, electric, gas and other utility lines. Article 12 continued on Page No. 13 12 i Article 12 continued from Page No. 12 12.15 Reference subparagraph 5.2.2 - In the event the lowest responsible bids exceed the funds appropriated for the project, the Architect, in consultation with, and at the direction of, the Owner, shall provide such modifications in the Contract Documents as shall be necessary to bring the cost of the Project within the Project's budget. 12.16 Reference paragraph 7.1 - The Owner and the Architect agree to endeavor to provide written notification in advance of any litigation concerning claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof. 12.17 Reference paragraph 7.2 - The parties agree to endeavor to negotiate in good faith prior to litigation concerning claims, disputes and other matters in question arising out of or relating to this Agreement or the breach thereof. 12.18 Reference paragraph 7.3 - Nothing herein contained shall be construed to require the parties to provide written notification or engage in negotiations prior to the institution of litigation, nor to submit for arbitration by a third party or parties, any such claim, dispute or other matter in question between the parties, but the parties may by mutual agreement submit any claim, dispute or other matter at issue to arbitration in accordance with the North Carolina Uniform Arbitration Act, GS 1- 567.1, et seq., or such other arbitration procedure as may be mutually agreed upon between the parties. 12.19 Reference subparagraph 10.2.1.6 - Computer -aided design and drafting equipment time shall not be considered a reimbursable expense when used to provide Basic Services. 12.20 In the event a claim, dispute or other matter in question is present e ner, Contractor, or any other party to the Architect for an ' rpretation or decis the Architect shall endeavor to provide such i retation or decision ko' as requir this Contract. However, if the Ar t determines that the issues presented are bey is knowledge or a se, that there is insufficient time for him to evaluate the issue, tha sfactory arrangements have not been made for his compensation for rvi ssary to evaluate the supporting data and issues presented, h 1 have the right to not to make the interpretation or decision bein uested. In such event the Owne , ntractor, and such other J �q� party sh a so notified, and they shall proceed to arbitrate r take such other cour of action as they may mutually agree. Article 12 continued on Page No. 14 13 y- - i Article 12 continued from Page No. 13 12.21 The Owner shall name the Architect as an additional insured under the Builder's Risk insurance policy provided by the Owner to cover property damage to the project during construction. END OF ARTICLE 12 14 Grier -Fripp Architects, P.A. SUBSIDARY OF FRE2AANWMM ARCHITECTS, INC. ARCHITECTURAL AND ENGINEERING SERVICES HOURLY RATE SCHEDULE I. Principal $ 90.00/hr. 2. Architect, Engineer, Principal IT $ 75.00/hr. 3. Architect II, Engineer 11, Designer $ 65.00/hr. 4. Architect III, Engineer III, Designer IT $ 55.00/hr. 5. Designer III /Drafter $ 45.00/hr. 6. Drafter II, Secretary $ 35.00/hr. REIMBURSABLE EXPENSES I • Computer Aided Design $ 20 00/hr (Operator Time Not Included) 2- Computer Aided Design Plots $ 20.00 /sheet 3• Automobile '111$ liu.� $ mile 4. Printing - Blueline 1.75 /Sheet - Copies (8 1/2 x 11 single side) .12 /Sheet 5. All other costs and expenditures such as transportation, accommodations, printing, fax, postage, outside consultants, etc., shall be reimbursed at a multiple of 1.2 times the amount billed the architect. THE RATES LISTED ABOVE ARE APPLICABLE THROUGH DECEMBER 31, 1992 5001 Arrowridge Blvd. Charlotte, North Carolina 28273 (704)527 -2514 FAX (704)523 -2235 Architecture Engineering Planning Interiors :.fig• r m I A � _ Customer Agreement A � Statement of Work for Project Support Services Systems Integration Services System description, Completion Criteria, charges, and other applicable terms: Refer to the IBM Systems Integration Proposal for the Orange County Integrated E -911 System dated December 19, 1991, section "Statement of Work ". System Warranty Period: 3 Months Both of us agree that the complete agreement between us about these Services will consist of 1) this Statement of Work and 2) the IBM Customer Agreement (or any equivalent agreement signed by both of us). Agreed to: Agreed to: customer name: County, of Or e, North Carolina wdernationo Business Machines Corporapan ArnwNc, Now York 1 8Y By r Audionzed signuwro - Aulherized siy�wr� Name (type or print) / / Name (type or print) Date: Date: - Customer number: TUID IBM Customer Agreement number: TBID- q W 4 C of Y-9 (q7.� Customer address: 106 Court Street Statement of Work number: Hillsborough, NC 27278 1814 Office number: HW6 Estimated start date: January 1, 1992 IBM piece address: 4800 Falls of the Neuse Road Raleigh, NC.27609 Estimated end date: September 30, 1992 i i IBM Services group address: Z125- 4280 -02 1/91 Page 1 of STA TEMENT OF WrORK March 25, 1992 This statement of work (SO\V) covers a part of generating data for the L,ogisys CAD databases. This is work was not covered under IBM 's existing contract with Orange County. Task Description: (a) Create a single electronic center line road map of Orange County, in a form useable in the L.ogiSYS CAD software for the County E -911 system, from various files of data, maps, and address lists currently available. This process is to provide, in a short period of time, a fully edited and integrated single map file containing all of the streets, names, and address data. (b) IBM will gather all known pertinent data, whether in electronic or in hardcopy form. The compilation of these multiple sources and resolution of differences is critical in terms of its effect on the accuracy and completeness of the CAD system. (c) IBM will work with Orange County to resolve inconsistencies found as these various data sources are merged. IBM will ensure that the format of the data is consistent with the form needed by the CAD system. —� Deln,erables: (a) II ?M will produce, first in draft form with available data, a single electronic map file in DXF format, compatible for use in the E -911 system of Orange County. (b) This map 'will be a compilation of various existing sources and will include all roadways, rail- ways, and other transportation right of ways, known to IBM, in Orange County. This information will be displayed as lines representing the center line of such right of ways. These lines will be colored keyed to represent each type of right of way. (c) The map will contain a geographic coordinate system to locate any specific location on tae map by means of a geographic coordinate number or numbers unless otherwise directed and agreed to between Orange County and IBM. (d) The map will contain address range information for each known road segment in the county based solely upon that data provided to IBM by the County. This address information will be lo- cated and stored on a separate layer and scaled to be visible on a display screen when a pre - determined level of "zoom' or map section magnification is displayed. The address ranges are taken from TIMS and Orange County listing. Any discrepancies or omissions will be resolved. (e) The map will not include any symbologv for landmarks or features other than those identified herein. (f) The map --vill include all county line boundaries and city limit boundaries_ (g) The map will include depiction of all known continuous creeks and rivers as depicted in state produced county maps and on US produced Tiger Files_ (h) The map will include scale reference markings and names of all cities, towns, incorporated communities, and adjacent county names. (1) The map will include the name or road /highway number for every street, highway, road, and similar right of way which now has a county approved name or road!highxvay number. Assumptions: (a) Orange Count), has current and readable files containing the MSAG for the entire county to include the incoq- ,orated towns and cities. (b) Orange County has current and readable files containing information on all street and road names within the county boundaries_ Dependcncies: (a) Changes to specifications, forms of files, specific map information requirements, and final map contents requirements will be provided in a reasonable period of time prior to the scheduled delivery date for the final finished data files containing the trap data base. . (b) County map and MSAG data files, in a forth readable by IBM, will be supplied to IBM im- mediately upon the execution of this contract. (c) Only data provided to IBM by the County, or authorized representatives of either will be in- cluded by IBM in the map data files to be delivered. IBM will not be responsible for data not in- cluded in the map data files if they have not been properly provided to IBM and /or IBM notified of its need to be included, in a timely manner. Format & Media: (a) The map data base files will be provided to Orange County on either 3.5 inch diskettes or on tape cartridge. (b) The reap data base files will be provided in .DXF format. (c) The map data base files will be in either compressed or uncompressed files as agreed between Orange County and IBM. (d) Hardcopy plot of the file will be on 30 x 40 inch paper. Schedule of Services and De&erables: (a) IBM will commence work on the production of the initial map data base file upon acceptance of this agreement. (b) IBM will deliver a complete but draft form of the final map data base file to Orange County within 20 days after the r-:ceipt by IBM from Orange County of all county MSAG data files, streets maps from cities within the county with current street names, and TIMS data files for the county. (c) IBM will deliver the completed map data base file in electronic form to Orange County within 20 days after the receipt of final instructions for modification or revisions to the draft of the final map data base file as provided for above. (d) All schedule for services and deliveries for this contract will be subject to modification or change upon mutual agreement between Orange County and IBM or upon a change of the specifications for the content of the map data base files beyond that included here or reasonably similar to those included herein. (e) After completion of the final map data base file IBM will provide 5 hard copy plots of the entire map file for use by Orange County in marking and identifying boundaries and other data for use in creatine the CAD data Final deliver of all items .vill be within 45 days of execution of a contract or amendment to ex- isting contract. Customer Agreement Change Authorization for Project Support Services Both of us agree to modify the referenced Statement of Work and any applicable terms as follows: Please refer to attached SOW dated March 25, 1992. Said Change Authorization for an estimated cost of $6,700, and said work to be completed within 45 days of approval from Orange County. Both of us agree that the complete agreement between us about these Services will consist of 1) this Change Authorization, 2) the referenced Statement of Work and 3) the IBM Customer Agreement (or any equivalent agreement signed by both of us). Agreed to: Customer name: County of Orange, North Carolina By Authorized Sign u Name (type or print) Date: Customer number: TBD Customer address: 106 Court Street Illillshorough, NC 27278 Project name or identifier: Orange County E -91 1 Project Change Request number(s): PCRD8917 -001 Agreed to: International Business Machines Corporation Armonk, New York �10504 BY Z � \ _ Authorized signature Name (type or print) Date: IBM Customer Agreement number: TBD Reference Statement of Work number: Change Authorization number: 08917 -001 IBM Office number: I1NV6 IBM Office address: 4800 Falls of the Neuse Road Raleigh, NC 27609 Z1254588-00 1/91 PF Page 1 of I ?mac C LAW OFFICES VU` �� I 7 COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN, JR. 129 E. TRYON STREET GEOFFREY E. GLEDHILL P. O. DRAWER 1529 DOUGLAS HARGRAVE r HILLSBOROUGH, NC 27278 KIM K. STEFFAN TELEPHONE (919) 732 -2196 JANET $. DUTTON FACSIMILE (919) 732-7997 JOSEPH IRA COLEMAN June 2, 1992 Mr. Kenneth T. Chavious Orange County Finance Director Post Office Box 8181 Hillsborough, North Carolina 27278 RE: IBM Financing Agreement - E911 System Dear Ken: I have reviewed the proposed addendum to the IBM Installment Payment Master Agreement No. 1835005 between Orange County and IBM Corporation which addendum was prepared by IBM. The addendum, a copy of which is enclosed, satisfies my concerns with the IBM agreement as originally proposed. GEG /lsg Enclosure xc: L.M. Carrescia Rod Visser yours, Gledhill IBM CORPORATION 171111P Old Orchard Road Armonk, NY 10504 914/765 -1900 ADDENDUM TO INSTALLMENT PAYMENT MASTER AGREEMENT (STATE AND LOCAL GOVERNMENT) Installment Payment Master Agreement No. 183 5005 Enterprise No. 6778924 Customer No. 6778924 Branch Office No. HW2 Addendum No. I835005 IBM Corporation and Orange County agree that the 'Tnstallment Payment Master Agreement between the parties is hereby modified as follows: Section 3.1 - Your Obligation to Pay - on line 1, insert "Subject to the non - appropriation provisions of this Section and the deficiency judgement limitation to remedies provided in Section 4.2 of this Agreement," at the beginning of the sentence before "You will pay"; - on line 5, change "You agree to" to "You agree that your budget officer will "; on line 6, replace "you request" with "requested "; on line 7, insert "by you" after "appropriated "; Section 4.2 - Remedies on line 3, alter "or will be due" insert however., pursuant to the General-Statutes of North Carolina, no deficiency judgement may be rendered against you in any action by us against you for your default of this Agreement, and your taxing power is not pledged to secure any monies due us under this Agreement." - on line 10, after "under this Agreement ", insert subject to the deficiency judgement ].imitation of this Section ". NO CHANGES TO THIS ADDENDUM ARE AUTHORIZED Addendum No. I835005A 1 IBM Credit Corporation - beginning on line 16, replace between the net proceeds and "Pursuant to the General Statutes judgement may be rendered against than the unpaid amounts due." ffyou wi.l] pay us any deficiency the unpaid amounts due" with of North Carolina, no deficiency you if the net proceeds are less Section 4.3 - Security Interest - replace the entire second paragraph with the following: "You will cooperate with us with respect to signing and filing applicable UCC financing statements or other documents related to Transactions we finance under this Agreement." Prepared by: L. M. Carrescia May 12, 1992 Accepted by: IBM Corporation Orange County by Print Name Date OCTY0511 /BP6 by Print Name Date This Addendum is valid if accepted by Orange County and IBM Corporation no later than June 23, 1992. 4V-�� -7 NO CHANGES TO THIS ADDENDUM ARE AUTHORIZED Addendum No. I835005A 2 &F- 51wFf-3 ADDENDUM TO IBM INSTALLMENT PAYMENT MASTER AGREEMENT NUMBER 1635005 BETWEEN ORANGE COUNTY, NORTH CAROLINA AND INTERNATIONAL BUSINESS MACHINES CORPORATION. The- following clauses or portions of clauses in the Installment Payment Master Agreement between Orange County and IBM identified above replace or change as indicated clauses or portions of that agreement. Section 3.1 is replaced by the following: 3.1 YOUR OBLIGATION TO PAY Subject to the non - appropriation clause below and the limitation of remedies provided in Section 4.2 of this Agreement, you will pay all amounts specified in the Supplement. Your obligation to pay will continue regardless of .any dispute you may have with respect to the financed Products or Services. Payments will be made through the IBM Branch Office unless we notify you otherwise. You agree that your budget officer will periodically request the appropriation of funds to pay all Payment Amounts specified in the Supplement. If the funds requested for any future fiscal year are not appropamounts riated by you, you will not be obligated to pay due beyond the end of the last funded fiscal year. If this happens, you agree to notify us in writing. Each affected Transaction will end after the last funded fiscal year and you will not be in default. You may retain the Machines for a reasonable period of time and at a monthly charge which we will determine. we will then remove the Machines from your premises and retain all sums paid as partial payment for their use and depreciation. Replace Section 4.2 with the following: 4.2 REMEDIES If you are in default, we may do one or more of the following: 1. declare the Transaction and all associated Transactions to be in default; 2. recover from you all amounts that are due; provided, however, no deficiency judgment may be rendered against you in any action by us against you for your default of this Agreement and your taxing power is not pledged directly or indirectly to secure any monies due us under this Agreement; 3. repossess or render unusable any or all Machines, Modifications, or Additions without demand, notice, court order, or other process, and retain all payments made as partial compensation for their use and depreciation; 4. require you, at your expense, to assemble and ship any Machine, Modification, or Addition to a location we specify; and 5. recover from you reasonable..attorney's fees and legal expenses incurred in exercising any of our rights under this Agreement, subject to the deficiency judgment limitation contained in this Section. If we repossess a Modification, it is your responsibility to restore the remaining Machine to good working order. We have no liability for costs or damages caused by the removal of such Modification or by your failure to fulfill your responsibilities. Upon repossession or return of a Machine, Modification, or Addition, we will dispose of it in a commercially reasonable manner. After deducting our expenses for the repossession and disposition, we will apply the net proceeds toward the amounts due. The application of the net proceeds toward the amount due ends your obligation to us. We will pay to you any excess net proceeds. Replace the second paragraph of Section 4.3 to read as follows: 4.3 SECURITY INTEREST You agree to cooperate with us in preparing, executing in your name, and filing on your behalf, financing statements or other documents covering Machines, Modifications, and Additions financed by us. Paragraph 4.6 of the agreement is amended by eliminating the subsection therein titled Agreement Termination and by revising the subsection therein titled Governing Law to read: The laws of your State govern this Agreement. Any action regarding this Agreement shall be commenced and maintained in the North Carolina State court, Superior Court Division of Orange County, North Carolina or in the United States District Court, Middle District of North Carolina, Durham Division. Agreed to: Orange County, North Carolina Authorized signat Name (type or print): Date: Customer number: 6778924 Agreed to: International Business Machines Corporation Armonk, New York 10504 By Authorized signature Name (type or print): Date: Agreement number: 1835005 Lu r H I 3 J J d LL. N, NO N as d 07 L f� a