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Home My Public Portal About01-14-2002 Regular Session . MINUTES HILLSBOROUGH TOWN BOARD January 14,2002 7:30 PM, Town Barn " 'J ~ ').. 30'8 The Hillsborough Town Board held a regular meeting on January 14, 2002 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Frances Dancy, Evelyn Lloyd, Kenneth Chavious, Mark Sheridan, and Michael Gering. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Assistant Town ManagerlPublic Works Director Demetric Potts, Town Engineer Kenny Keel, Finance Director Sherry Carter Mayor Joe Phelps called the meeting to order at 7:33 P.M. INTERVIEW OF VOLUNTEER CANDIDATE The interview was not held because the volunteer was not present. 1. PUBLIC CHARGE Mayor Joe Phelps did not read the Public Charge, but stated that it would be followed and that he expected the Board and Audience to conduct themselves with courtesy and respect. . 2. PRESENTATIONS A. Presentation of Certificate of Recognition for Outstanding Achievements to Michael Shiver Mayor Phelps presented to Michael Shiver a bound Certificate of Recognition for his Outstanding Achievements and posed for pictures. In addition to Michael's family, representatives attended the presentation from the National BETA Club, former teachers, and the minister of his church. 3. REPORTS A. John Frank from Dixon-Odom, CPAs will present the Town's Audit results and the comprehensive Annual Financial Report Mr. John Frank reported that the Town's internal controls are in good order. Revenues and other financing sources for the Town's General Fund increased 16.0% over 1999-2000. Revenues for the Water and Sewer Fund increased 17.8% over the prior year. The Water and Sewer Fund revenue increase is a result of an increase in water and sewer charges due to a rate increase and new development. . Mr. Frank stated that the Town has received the Certificate of Excellence in Financial Reporting for the eighth year in a row. . . . 310 4. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA There were no comments 5. AGENDA CHANGES & AGENDA APPROVAL The following Items were added: IO.P Water Treatment Plant Upgrade Contract Amendment; 10.Q Bank Resolution; and 10.R Roofing of Ruffin-Roulhac Complex Buildings Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Printed Agenda was approved with the aforementioned additions by a vote of 5-0. The motion was declared passed. 6. APPROVAL OF THE MINUTES OF THE NOVEMBER 27TH SPECIAL PUBLIC HEARING, THE DECEMBER 3RD REGULAR TOWN BOARD MEETING, THE DECEMBER 19TH SPECIAL MEETING, AND THE JANUARY 3RD SPECIAL MEETING Commissioner Gering requested the December 3rd Minutes be changed to reflect that he did not vote for the approval of the Minutes and that the vote should be 4-0. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Minutes of the November 27th Special Public Hearing, the December 3rd Regular Town Board Meeting with the aforementioned change, the December 19th Special Meeting, and the January 3rd Special Meeting by a vote of 5-0. The motion was declared passed. 7. REPORT FROM THE TOWN MANAGER Town Manager Peterson reminded the Board of the Breakfast on the 16th with Congressman Price in Raleigh and informed them that the Congressman has also requested an opportunity to meet with the Town Board at a later date. The Manager will coordinate times with the Congressman and report back to the Board on a possible meeting date. Assistant Town Manager/Public Works Director Demetric Potts updated the Board on the Commercial Garbage Collection Transition. 8. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on all current Water/Sewer Projects and gave an update on the Water Plant Upgrade project explaining that most of the recent delay has been due to an environmental approval needed to qualify for the loan funds. The NC Division of Cultural Resources had a last minute comment on the sewer outfall to be installed to serve the water plant. This comment came after the deadline for comments for approval of the 2 . . . 311 grant portion of the funding, but has caused delays in getting the loan approved. Engineer Keel reported that the Town is still in Stage 3 Water Restrictions. 9. ITEMS FOR DECISION - CONSENT AGENDA A. Approval of a Resolution approving the removal of the current overlook deck and supporting the North Carolina Department of Environment and Natural Resources Division of Parks and Recreation's plan to build an observation tower on safe ground within the same vicinity and appoint Hervey McIver to represent and be a liaison for the Town in the planning of this construction B. Consideration of an Ordinance to Amend Chapter 6 of the Town Code to add a Four Way Stop at the intersecting streets of Beckett's Ridge Drive (N), Oakhurst Drive (E), and Beckett's Ridge Drive (S), Woodbury Drive (W) C. Adjust the Standard Mileage Reimbursement rate (from the IRS) from 34.5 cents to 36.5 cents per mile D. Miscellaneous Budget Amendments E. Approval of Amended Water/Sewer Extension Agreement for Patriot's Pointe Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve Items A-E of the Consent Agenda as presented by a vote of5-0. The motion was declared passed. A copy of the Resolution approving the removal of the current overlook deck and supporting the North Carolina Department of Environment and Natural Resources Division of Parks and Recreation's plan to build an observation tower on safe ground within the same vicinity and appoint Hervey McIver to represent and be a liaison for the Town in the planning of this construction, the Ordinance to Amend Chapter 6 of the Town Code to add a Four Way Stop at the intersecting streets of Beckett's Ridge Drive (N), Oakhurst Drive (E), and Beckett's Ridge Drive (8), Woodbury Drive (W), and the Miscellaneous Budget Amendments are hereby made a part of these official Minutes as Attachments. 10. ITEMS FOR DECISION - REGULAR AGENDA A. J. M. Mills, P.E., NCDOT Division Engineer will update the Board on the status of the proposed closing of the West Hill Avenue Railroad Crossing near Dimmocks Mill Road. Mr. J. M. Mills informed the Board that the alternative plan to help level the crossing area includes the following: · Raise the grade of Dimmocks Mill Road · Widen Dimmocks Mill Road · Widen West Hill Avenue · Possible turn lanes 3 . . 312 · Possible traffic signals . Closing Bellevue Street Crossing and make Improvements to West Hill Avenue . Conduct a Feasibility Study on Improvements to the old underpass at the trestle · Making drainage improvements in the area Funding for all these improvements are contingent upon closing the Belluvue Street Crossing. Mayor Phelps suggested holding an informal meeting for citizens to hear from NCDOT on their proposal. Mr. Mills stated they would be glad to participate in this kind of meeting. By consensus, the Board directed the staff to work with NCDOT to schedule a meeting date and look into holding the meeting in West Hillsborough. B. Consideration of an Ordinance to Amend Chapter 15 of the Town Code change the violation fmes to $25,000 per day per violation Town Engineer Keel presented the Ordinance for the Board's consideration and explained that this amendment brings the Town's fines in line with the fines the State could potentially fine the Town. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance to Amend Chapter 15 of the Town Code change the violation fines to $25,000 per day per violation by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these official Minutes as an Attachment. C. Discuss Revision of the Old Mill Ridge Annexation Feasibility Study Management Intern Jim Klinger appeared before the Board and presented the revisions to the Old Mill Ridge Annexation Feasibility Study. After some discussion, and by consensus, the Board agreed to discuss this issue after the Public Hearing on January 22nd with the Developers. A copy of the Management Intern's Report is hereby made a part of these official Minutes as an Attachment. D. Mr. Jack Smyre will update the Board on the status of the proposed Unnamed Mixed- Use Development at the Northeast Quadrant of the I40/0ld NC86 Interchange Mr. Jack Smyre addressed the Board and updated them on the status of his proposed development. He announced the name of the Development as "Waterstone". Mr. Smyre informed the Board that the Annexation Feasibility Study has been conducted and the results will be available at the Board's next meeting. . E. Final Acceptance and end of warranty for Executive Court (Street, Water & Sewer) 4 . . . 313 Town Engineer Keel presented this Item to the Board for their consideration stating he has inspected the street and water/sewer facilities that were installed to construct Executive Court from Meadowlands Drive to the new Mid-Atlantic Stihl facility. Keel stated that he is satisfied with the quality and workmanship of the facilities and they meet or exceed the Town Specifications. The street and utilities have been in use since January 2000, and have performed well. Keel recommended that the Board give final acceptance and release of warranty to the Executive Court street and water/sewer utilities. Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve the Final Acceptance and end of warranty for Executive Court (Street, Water & Sewer) by a vote of 5-0. The motion was declared passed. F. Consideration of GIS Proposal from Sear Brown Town Engineer Keel presented the GIS Proposal for the Board's consideration and explained that this Needs Assessment will evaluate all Town departments and existing equipment, and will develop a list of departmental needs for a GIS. This assessment will provide a picture of what GIS can do for each department and the entire Town organization. Upon completion of the Needs Assessment, Sear Brown will give us a price to develop an Implementation Plan that will be a step-by-step blueprint for Town GIS development. Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to approve the GIS Proposal from Sear Brown as presented by a vote of 5-0. The motion was declared passed. A copy of the Proposal is hereby made a part of these official Minutes as an Attachment. G. Consideration of Preliminary Subdivision Plan for Oakridge Subdivision to create 16 lots on the South side of Oakdale Drive Planning Director Margaret Hauth presented the application for the Oakridge Subdivision to create 16 lots on a new public road. She stated the Planning Board reviewed these plans at their January 8th meeting and recommended approval of the plans with the addition of the required sidewalk along the full length of the new street. The revised plans show the required sidewalk. Planning Director Hauth stated that there is concern with the rear of the land. During the annexation discussions there was a condition of annexation that there be a 75' undisturbed rear buffer which would serve as open space for the development. The rear setbacks of the lots bordering the buffer would be increased to 30' to keep primary buildings a full 105' from the shared property line with Cornwallis Hills to address the concern about water run-off. She said that during the subdivision review with the Planning Board, the concern was raised by Mr. Hartkopf that he understood the Town Board to require the additional setback to also remain undisturbed. She said that was not her understanding of the condition and the Town Board needed to make a clear decision about the status of the setback area. Both the developer Allen Knight and neighbor AI Hartkopf addressed the Board and expressed their individual concerns regarding the set backs. 5 . . . 314 Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to accept the recommendation of the Planning Board and approve the Preliminary Subdivision Plan for Oakridge Subdivision to create 16 lots on the South side of Oakdale Drive and directed staff to determine appropriate language regarding the setbacks and rear buffer ownership to be reviewed by the Town Board before approval of the Final Plat by a vote of 5-0. The motion was declared passed. H. Approval of conditions placed on Hampton Pointe Special Use Permit Planning Director Hauth presented this Item to the Board. Town Attorney Bob Hornik reviewed the Special Use Permit conditions for the Board. Upon a motion by Commissioner Dancy, seconded by Commissioner Sheridan, the Board moved to approve the conditions placed on the Hampton Pointe Special Use Permit as presented by a vote of 5-0. The motion was declared passed. I. Consideration of Agreement for the Inspection of Bridges Assistant Town Manager/Public Works Director Demetric Potts Presented the Agreement for the Board's consideration. Assistant Manager Potts informed the Board that they also need to consider a Resolution requesting DOT to do the inspections. Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to approve the Resolution requesting inspections and the Agreement with NCDOT for the Inspection of Bridges as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution and the Agreement are hereby made a part of these official Minutes as Attachments. J. Review and authorization ofPARTF Grant request to construct the River Walk Planning Director Hauth presented the grant request to the Board for their consideration. She stated that even though the River Walk is a topic of discussion at the Strategic Planning and Budgeting Workshop in February, one of the most likely funding sources for a project of this scale is the state Parks and Recreation Trust Fund. They provide matching grants on an annual basis to assist local governments with park projects. The deadline for application is January 31, which falls before the Board Workshop. Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to authorize the PARTF Grant request to construct the River Walk as presented by a vote of 5-0. The motion was declared passed. K. Discuss process to review National Register nomination for Occoneechee Speedway Planning Director Hauth explained the National Register nomination process for the Board. 6 . . . 315 By consensus, the Board directed staff to schedule a Public Hearing on February 6th. L. Discussion regarding the Town's Web Page Town Clerk Donna Armbrister discussed with the Board the option of using GovOffice WebCreator for the development and maintenance of the Town Web Site. This would include a $700 one time set up charge for software, which would include training and tech support, and a $40 monthly hosting fee. Town Clerk Armbrister explained that with the GovOffice technology it is possible to add and update dozens of content and interactive sections, have on-line forms, poll residents and solicit their feedback on issues, and post late-breaking information for residents. Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve the purchase and implementation of GovOffice WebCreator by a vote of 5-0. The motion was declared passed. M. Discussion regarding the Town's policy on Military Leave Town Clerk Armbrister reviewed the Town's current policy on Military Leave with the Board and how it compares with surrounding government agencies. She informed the Board that there are currently two Town employees who are reservists that could potentially be called to active duty. Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to amend Chapter 4 of the Town Code to increase the length of time an employee could receive compensation from the Town from 3 months to 12 months by a vote of 5-0. The motion was declared passed. N. Consider Approval ofFY03 Budget Calendar Town Manager Peterson presented the FY03 Budget Calendar and noted that the May 24th meeting should be the 23 rd. By consensus, the Board approved the FY03 Budget Calendar with the aforementioned change. O. Update on the Board's Strategic Planning and Budgeting Workshop for FYs 03-05, Scheduled for February 9th Town Manager Peterson stated that the Board has recei~ed the Agenda for the Workshop and asked if there were any changes. By consensus, the Board approved the Strategic Planning and Budgeting Workshop for FYs 03-05 as presented. 7 . . . 316 ADDED ITEM P. Water Treatment Plant Upgrade Contract Amendment Town Engineer Keel Presented this Item for the Board's consideration. Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to approve the Water Treatment Plant Upgrade Contract Amendment as presented by a vote of 5-0. The motion was declared passed. A copy of the Water Treatment Plant Upgrade Contract Amendment is hereby made a part of these official Minutes as an Attachment. ADDED ITEM Q. Bank Resolution Finance Director Sherry Carter presented a Bank Resolution authorizing Town Representatives with the authority to conduct all Trust Business on behalf of the Town with First-Citizens Bank & Trust Company for the Board's consideration. Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to approve the Bank Resolution as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part of these official Minutes as an Attachment. ADDED ITEM R. Roofing of Ruffin-Roulhac Buildings Mayor Joe Phelps requested staff to take back to the Historic District Commission the proposal to re-roof the Ruffm-Roulhac out buildings with asphalt shingles like the ones on the Town Hall. He suggested letting the HDC know the cost difference to assist them in making their decision. Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board authorized staff to take the proposal of using asphalt shingles on the Ruffin-Roulhac buildings to the Historic District Commission for approval by a vote of 5-0. The motion was declared passed. 11. APPOINTMENTS A. Appoint Rick Brewer to serve partial term on Historic District Commission ending April 2003 Upon a motion by Commissioner Gering, seconded by Commissioner Chavious, the Board moved to appoint Rick Brewer to serve a partial term on the Historic District Commission ending April 2003 by a vote of 5-0. The motion was declared passed. B. Consider appointments to the Town Clock Committee Assistant Town Manager/Public Works Director Potts stated that he would be the lead staff person working with this Committee. He informed the Board that Commissioner Evelyn Lloyd, Commissioner Mike Gering, Crauford Goodwin, Paul Newton, Tom Magnuson, and Cathleen 8 . . . 317 Turner have volunteered to serve on this Committee. Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to appoint Commissioner Evelyn Lloyd, Commissioner Mike Gering, Crauford Goodwin, Paul Newton, Tom Magnuson, and CatWeen Turner to serve on the Town Clock Committee by a vote of 5-0. The motion was declared passed. 12. OTHER There was no other business discussed. 13. ADJOURN Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to adjourn at 11 :00 PM by a vote of 5-0. The motion was declared passed. ~~~~ Respectfully submitted, Donna F. Armbrister, CMC Town Clerk 9 Town of Hillsborough 318 General Fund Summary June 30,1998 through 2001 . 1998 1999 2000 2001 I. Unreserved fund balance-General Fund $677 ,559 $954,306 $1,384,264 $1,831,385 As a percentage of expenditures - Hillsborough 25.5% 28.2% 39.3% 47.7% As a percentage of expenditures - State average for non-electric municipalities 2,500 - 9,999 59.1% 60.7% 57.9% 60.5% Total General Fund Expenditures $2,657,688 $3,388,820 $3,519,178 $3,842,543 Total General Fund Revenues $2,812,856 $3,716,618 $4,100,567 $4,046,878 $4,500,000 $4,000,000 . $3,500,000 $3,000,000 $2,500,000 l!! ~ $2,000,000 $1,500,000 $1,000,000 $500,000 $0 . Town of Hillsborough General Fund --- ~ ---- / ----- .------ ~ -- / V ./"" / / V ~ l---- ~ __ Unreserved fund balance-General Fund -0- Total General Fund Expenditures -..- Total General Fund Revenues 1998 1999 2001 2000 YEAR '- . . 319 ATTACHMENT9.A RESOLUTION TOWN OF HILLSBOROUGH OCCONEECHEE MOUNTAIN OVERLOOK WHEREAS, the lease for the Hillsborough property on Occoneechee Mountain to the state of North Carolina requires the Hillsborough Town Board approve any modifications the state may make to the property; and WHEREAS, the condition of the existing Occoneechee Mountain Overlook Deck has become unstable; and WHEREAS, the NC Division of Parks and Recreation requests the Board approve the removal of the current Overlook Deck and support their plan to build an Observation Tower on safe ground within the same vicinity; and WHEREAS, the Town is appointing Hervey McIver as the Town's representative and liaison in the planning of the construction of this Observation Tower; NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners that the Town does hereby authorize the removal of the existing Occoneechee Mountain Overlook Deck and supports the NC Division of Parks and Recreations plan for construction of an Observation Tower. This the 14th day of January 2002. o (j~ Jo~r Town of Hillsborough - . . AVA NCDENR 320 North Carolina Department.of Environment and Natural Resources Division of Parks and Recreation Michael F. Easley, Governor William G. Ross, Jr., Secretary Philip K. McKnelly, Director November 28, 200 I Mr. Eric Peterson HiIlsborough Town Manager PO Box 429 Hillsborough, NC 27278 Dear Mr. Peterson: Pursuant to the information I provided to the Hillsborough Town Board on October 22, I am requesting your assistance with the following action. The lease for the Hillsborough property on Occoneechee Mountain to the state of North Carolina requires the Board approve any modifications the state may make to the property. The NC Division of Parks and Recreation requests the Board pass a resolution approving the removal of the current overlook deck and supporting the Division plan to build an observation tower on safe ground within the same vicinity. I would also recommend that Hervey McIver be appointed by the Board to represent and be a liaison for the town in the planning of this construction. Mr. McIver is most familiar with the project, having been instrumental in securing the PAR TF grant to build the overlook. He is also a member of the Eno River State Park Advisory Committee and is willing to accept this role. Thank you for your assistance. Sincerely, y~CA Dave Cook, Superintendent Eno River State Park 6101 Cole Mill Rd. Durham, NC 27705-9275 Phone: (919)-383-1686 FAX: (919)-382-7378 (/\.\ \. ) DC/kw \ \ cc: Susan Tillotson 1615 Mail Service Center, Raleigh, North Carolina 27699-1615 Phone: 919-7~3-4181 \ ~ax:. ~19-715-3085 \ Internet: www.ncsparks.net An Equal Opportunity \ Afijrmanve Actlon Employer - 50% Recycled \ 10010 Post coOSum\ Paper '- . . 321 ATTACHMENT 9.B AN ORDINANCE AMENDING SECTION 6 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 6A-6 of the Hillsborough Town Code is hereby amended to add the following three and four way stops: Section 6A-6 Four Way Stop; Three Way Stop Four Way Stops In accordance with Subsection 6-4(b), the administrator shall erect stop signs on the following streets at each approach to the intersection: Intersecting Streets Beckett's Ridge Drive (N), Oakhurst Drive (E), and Beckett's Ridge Drive (S), Woodbury Drive (W) Section 2. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this /1 M day of :f IlJ1ttlMv ;?I$~ / Ayes: S- Noes: ..{;J- Absent or Excused ...&-- k/~ Donna F. Armbrister, Town Clerk Town of -H~.D~ ., 322 ATTACHMENT 9.D gh BUDGET AMENDMENTS JANUARY. 2002 1. WATER FUND REVENUES: 30-3880-000 Reservoir Land Reimbursement BEFORE AJ2J.. AFTER ADJ, $ -0- $275942 $275942 EXPENDITURES: 30-8140-922 Transfer to CPF/Reservoir $ -0- $275942 $275.942 2. CAPITAL PROJECTS FUND/RESERVOIR REVENUES: 60-3970-100 Transfer from WF/Reservoir $ -0- $275942 $275.942 . EXPENDITURES: 60-8100-710 Land Purchase/Mitigation $3.694 600 $275942 $ 3.970.542 To set up budget accounts and record receipt of the reimbursement for the Shambley Reservoir Case, APPROVED: S:O t?7V tll-/~-tJ,l.,; VERIFIED: ~~~A Donna F. Armbrister, Town Clerk . 137 North Clwrton Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919.732.2104 · Fax: 919.732.1028 Town of 'ftilll~ 323 ATTACHMENT IO.C From: Mayor Phelps and the Board of Town Commissioners Jim Klingler, Management Intern Old Mill Ridge Annexation Feasibility Study January 14,2002 To: Subject: Date: At the direction of the Mayor and the Board of Commissioners, town staff perforn1ed an annexation feasibility study for the residential development known as Old Mill Ridge. This study represents a revision of the Old Mill Ridge feasibility study that was presented to the Board in September. The proposed development at that time consisted of 113 single-family units, and the current proposal addressed in this revision is 90 units. . Background Old Mill Ridge is a small residential development consisting of 90 single family detached houses on 34.3 acres of land. The parcel is located just south of 1-85 and is contiguous with the northwestern edge of Beckett's Ridge and the north edge of the Old Mill Business Park. Town staff have formerly referred to this parcel as Beckett's Place. The estimated assessed valuation for the developed property is $13,729,500. Methodology The Management Intern generated a list of assumptions about development in the Town, characteristics of the Town, anticipated town revenues, and anticipated town expenditures. These assumptions were culled from town and county data and institutional knowledge. For the list of assumptions, please refer to Attachment One. Revenue Forecasting Based on the assumptions, an Excel database was designed. This database included six- year revenue projections for the General Fund and the Water/Sewer Fund resulting from annexing this development. These projections were generated from estimated assessed values and population projections, as well as, the estimated rates for taxes and fees in the near future. Revenues generated in the Water/Sewer Fundfrom meter fees and capital facility fees were not included in this study. The assumption is that these fees are earmarked for meters and capital facility projects only, and that these revenues are collected on a break-even basis. . 101 East Orange Street. P.O. Box 429 . Hillsborough, North Carolina 27278 919-732-1270' Fax 919-644-2390 '- . . 324 Personnel Expenditure Forecasting Expenditures for each department in both funds were projected for six-years. This analysis includes full expenditure projections for personnel and operations, which is a change from studies performed in the past. For personnel expenditures, current General Fund personnel spending was divided by the current town population. This expenditure per person rate was multiplied by the expected increase in population caused by the development. For the Water/Sewer Fund, personnel expenditures were divided by the number of in-town and out-of-town customers. Personnel expenditures were not formulated for the departments of Government Body, Town Hall, and Fire Protection, because employee impacts are either captured in other departmental budgets or are captured in departmental operating expenditures. For personnel expenditures per resident information, please refer to Attachment Two. Operating Expenditure Forecasting The same process was used to generate operating expenditure projections for each department. For the General Fund, this resulted in an operating expenditure per person for each line budget item within each department. Regarding the Water/Sewer Fund, line-item operating expenditures were again divided by customers. This capture of departmental operating expenditures is a step that was not performed in previous annexation feasibility studies and should help to address the full fiscal impacts of annexation. Line-item operating expenditures by department are not included within this document for the purpose of brevity, but this information is available upon request. Capital Expenditure Forecasting Given the small size of the development, capital expenditures for the General Fund were not projected. Town staff feel that this development could be absorbed given our current capital capacity. Regarding the Water/Sewer Fund, the staff also felt that impact on capital equipment could be absorbed under our current capital capacity. As for capital facilities, any impacts to the Water/Sewer Fund should be off-set by the capital facilities fees and meter fees charged to the developer. For that reason, capital facilities impacts were not projected in this study. Cash flow projections for the General Fund and the Water/Sewer Fund were created, which combine the personnel and operating expenditure projections. For cash flow projections in the General Fund and the Water/Sewer Fund, please refer to Attachments Three and Four, respectively. Results According to the revenue and expenditure projections generated, Old Mill Ridge is expected to generate net revenues in the Water/Sewer Fund through the six-years studied. In the General Fund, the development is expected to generate losses in two of the five years studied. The forecasted net loss to the Town's General Fund is as follows: . -$4,710 in FY04 . -$5,661 in FY06 '- . . 325 Old Mill Ridge is anticipated to generate net positive revenues of $2,264 in FY05, and $8,528 in FY07 and FY08. While negative revenues are projected in FY04 and FY06, this development proposal is an in-fill development surrounded by parcels that currently receive full Town services. This development is also connected to its surroundings by the newly constructed Beckett's Ridge Drive. As a result, impacts on town expenditures could be less than projected in this study. In an effort to be conservative, town staff believe that it is safer to keep town expenditure projections at their current higher levels. While this development is not expected to trigger the need for major capital facilities construction, except for a pump station for the Water/Sewer Fund, this development will rely on new capital facilities to be constructed on the south side of town in the future. In the past, other large developments have entered into agreements with the Town to provide capital facilities and infrastructure (water/sewer extensions, a public safety station, etc.), and the developers of Old Mill Ridge have recently been directed to the Town Engineer to discuss water and sewer infrastructure and capital needs. While a small development like Old Mill Ridge has a minor impact on capital needs, the staff is concerned that the approval of a number of small developments has a cumulative effect on capital needs. In lieu of formal impact fees, the staff would like the opportunity to explore possible contributions that the developers of Old Mill Ridge might make towards future facilities and infrastructure improvements in the south side of Hillsborough. The realization of these projections is closely linked to the timing of construction. Changes to the development schedule could result is moderate changes to the cash flow bottom line of each Fund. This study only addresses fiscal impacts for the Town. Traffic, environmental, and quality of life impacts are not studied in this type impact analysis. Therefore, the Board should separately consider these impacts in its decision to annex this parcel. If you have any questions or concerns, please contact Jim Klingler, Management Intern at 732-1270 ext. 81. Attachments I. Assumptions Used for the Old Mill Ridge Annexation Feasibility Study 2. Old Mill Ridge Reference Sheet 3. General Fund Anticipated Cash Flow 4. Water Fund Anticipated Cash Flow '- . . 326 Assumptions Used for the Old Mill Ridge Annexation Feasibility Study . Population is 5,446. (2000 Census) . Average Household Size in Orange County is 2.32. (OC Economic Development Commission Data) . Estimated number of Households in Hillsborough is 2,347. . Estimated number of Residential In-town Water and Sewer Customers is 2,347 (based on Hillsborough Household Estimates) . The proportion of Hillsborough comprised of Residential Property is 61.10% (Assessed Valuation Data, 2000) . The proportion of Hillsborough comprised of Non-Residential Property is 38.90% (Assessed Valuation Data, 2000) . All Departments, except Fire Inspection, Fire Protection, Police, and Sanitation are assumed to spend 61.10% of their resources on Residential Services. (based on Residential Property Proportion) . Fire Inspection is assumed to spend 30% of Departmental Resources on Residential Services. . Fire Protection is assumed to spend 85% of Departmental Resources on Residential Services. . Police is assumed to spend 85% of Departmental Resources on Residential Services. . Sanitation is assumed to spend 100% of Departmental Resources on Residential Services, given that Commercial Collection will be eliminated as planned. . Average Household Water Usage is 180 gpd. Revenue Assumptions in the General and Water Funds Property Taxes $.66/$100 of assessed valuation (FY03). $.72/$100 of assessed valuation (FY04-08) Motor Vehicle Property Taxes $15,000 per vehicle, 1.5 vehicles per residence Motor Vehicle License Fees $15.00Nehicle State Shared Revenues FYOO Receipts/Capita Licenses, Permits, and Fees Estimated Privilege, License Taxes, Zoning Permits, & CATV Franchise Revenues/capita Local Options Sales Tax Powell Bill FYO I Receipts/Capita Based on street mileage, population increase & and current allocation for the Town of Hillsborough; adjusted for inflation ATTACHMENT ONE - . . f)f)7 .j(:. Other Revenues Forecasted as a percentage of the combined sources of revenue Water Charges $6.36/1 000 gallons of water Sewer Charges $5.77/1000 gallons of treated water Interest Income Forecasted as a percentage (2.4%) of the combined sources of revenue Other Revenue Forecasted as a percentage (.4%) of the combined sources of revenue All assumptions not included in this list can be found on the attached Old Mill Ridge Reference Sheet (Attachment Two). ATTACHMENT ONE . . ::v 0 ID _ iDa. i;;: ::s_ n= ID ;:Q CI) -. -=ra. IDee !oCD ." -< o ~ -4T> o '0 <n o 00 0- o ." -< o 0- -4T> W o c.n o 80 00 ." -< o CD -4T> N '.J o o ON 0_ O~ ." -< o A ." -< o U1 -4T> W o <n o o 00 00 ." -< o .... W -4T> -t>. O. W ." -< o w -4T> 0- '.J N c.n o 0'0 0:.- c::)>< :J '" 0 ::;:"'0 '" ~ 0 '" :J CD - a.)> <0 o iii c'" CD .,,~~ CD 0 0 CD-- _00 2.<; en CD CD ::t::T~ CDna. CD-CD _CD:J '" _ V> '" -. ::l CO CO -n o 2. -< 0000 W <n-N- -'JO-- NONW W <n-N- - ""'-J 0-. ---' NONW - <n WO-'0-t>. ON<n- W N -- -N'0O:> o<nww W c.n-N- -'JO-- NON W ~ G) :f S- CD :J 0 ~ CD ffi" ." a c - o OJ :J ." ::l =.: a. c :fQ.~ :J :f9:fcom ::!1 )> a. V> (j) ~ Q. oiDoo<6 o -3!o::!13 _ ~ '" ::l __ ~ 2. -;g a 0 - :) 5' ~oiDQ.i6 (j) a = U 5 Q g ;;;- -oiD~()(j) (j) - () (j) -- -0 () '" o ~ 00",. - o' (j) 2 ::l 0 (j) 0 ::l 3! iD (1) <6 ::l -. co 0 =: o - 0 -o~() a ::l ::l 0 =: - Vi' 0 "'::l 6' S. o' ::l '11 ~ '" 0 :J ....:J -t>.<nN -<~ 0_ o-'0-oo-N <n<nO:>-NW-t>.N ~:J ." -< 0 -tA -tA ~ -tA -tA -tA -tA -4T> -tA-tA:-" -tA -tA -4T> -tA -4T> '11 W-t>.-t>.N- U, N--t>.-tA---- !'J CD ONWNW N 'Jo--t>.<nowo:>o:> <n 0> ... N--o<n'0 ?' 'J<n-t>.--t>.-t>.o--t>. -t>. C '" wu,Q..J,..J,.. <n Wl-vou,U,OJ,..u, 'Ja.o <n 0:> 0--0:> 0 00000000 J,..co5 0:> 0:> 0:> -t>. N 00000000 OCDCD 0__ ~ CD = 0 :J. ::va. CD CD '11"'< ... c: 0 - o CD - '-J 0. '-J '-J '-J o-oo:>-t>.o-o-o-o- 1J :J CD No-OOO -o<no---- CD_a. ~~~~~ ~~~~~~~~ ~Q- _0 ~ CD z= o 0 :J :J. .!, a. CD CD ~ !!!. ~ o a. _ 1J CD CD NWWWW W -o-wwww CD a. a. o:>-t>.ooo '00<n0'0'0'0'0 ~Q- ~~~~~ ~~~~~~~~ _0 1J CD m ... X () ::v 1J '11 -4T> C CD CD CD -tA -4T> -4T> -tA -tA -4T> -tA N -tA -tA -4T> -4T> "" !:!!. :3 ~ -t>.'0-t>.N- WWN-tA--NN og.g,g '0N--W -Oc.nN-<nOO 3 :J C :J J,..~o..wiv :'-WWCO'-..JO~'-..J CD .... - CD N - N -t>.- -Wo:>-t>.NW-O _"tD_ ::v 0 C :J a. CD a. ." -tA 10 -tA -tA -4T> -tA -tA -tA -tA N -4T> -tA -tA -4T> C -t>. '0 -t>. N - WWN-tA--NN iii '0WN-W -O<nWN<n-- . ;0 . CD . CD ~ ~ (;) !!!-CD CD 0 0.:::: :J < (]) 0 0. CD :J ~ 2' 33 l' 0. ~ - CD CD CD -0 < !-" :J a 0 -"Om g' CD 0. 0. ~- -<-<0 . ;0 -i CD o '" ~ a: :J CD I ~ o -- - 0 ~ .:::::: o z :J 0 0. :J " ' ~. -0 2.mm <t> () ~ () 0 -- =:::13 o 0 0 ::I 3 ro o -- 0. ~ () CD 00 :Jco3 o < 0 - co c S. 0 ~ Q.-oo c 3 _ a. CD co co ::I :::: 0. - 0 5- () ~ -00. ~ 3 co '" 3 < ~ ~. g. co -- co ~ 0 0. co ::1._ ::I '" 0 () I '" CO=CO VI Vi'" :< :::y CY -- CD 0 ::I CO~1O - 0 0 CY c _ ([l (Q ::;- () :::y co Q r-~. cOo. '" ::I co co 0. :J 3= ~ g co CO-o -<-u~ 0. ~ 0 o 0-0 ::I -0 co o ~.z ; c5' ~ o ::I __ < VI 3= co -- ::I CY _ C :::y 0. co 10 -i co 0 - ~ co ::I a. _ -0 0:> co 0 ~ CD g 0. :J 0 ~ :J :;: co .,. -tA W o <n o o 00 00 W CJ'l-f'0- -'JO-- NON W 828 > -J -J > (j == ~ tr'l Z -J -J ~ o 329 '- General Fund Cash Flow Anticipated Revenues FY 03 FY 04 FY 05 FY 06 FY 07 FYOB Property Taxes $0 $19.440 $48.420 $79,884 $93,960 $93,960 Motor Vehicle Property Taxes $0 $5.670 $14.580 $14,580 $14,580 $14.580 Motor Vehicle License Fees $0 $788 $2.025 $2.025 $2,025 $2,025 State Shared Revenues $0 $5.662 $14,559 $14,559 $14.559 $14,559 Licenses, Permits, and Fees $0 $1. 926 $4,951 $4.951 $4,951 $4,951 Local Options Sales Tax $0 $10,367 $26,658 $26,658 $26.658 $26,658 Powell Bill $0 $30 $160 $175 $175 $175 other Revenues $0 $351 $891 $1.143 $1.255 $1.255 _~_ul?~O~(JI-- :~~~~-,,-aUllti~ - . .~O l44~~3~ . ..Jjl~!244 . _J~43,_97~ _ . .$ ~~ f63 $15sJ63-d 1 ~ ,_I Anticipated Expenditures FY03 FY04 FY05 FY06 FY07 FYOB . Governing Body $0 ($577) ($1.483) ($1.657) ($1,657) ($1,657) Administration $0 ($2.499) ($8,106) ($12,867) ($12.867) ($12.867) Finance $0 ($2,682) ($5,810) ($7,830) ($7,830) ($7.830) Planning $0 ($1.274) ($2,665) ($3,601) ($3.601) ($3,601) Town Hall $0 ($183) ($471) ($533) ($533) ($533) Police $0 ($24,092) ($50,223) ($67,923) ($67.923) ($67.923) Fire Protection $0 ($3,807) ($9,791 ) ($12,931) ($12,931) ($12.931) Fire Inspection $0 ($303) ($633) ($853) ($853) ($853) Motor Pool $0 ($2,381) ($5.341) ($7,190) ($7,190) ($7,190) Streets $0 ($4,514) ($9,990) ($13.471) ($13.471) ($13.471) Sanitation $0 ($6.629) ($15.468) ($20,778) ($20.778) ($20,778) f$Q.1}t91~:M.OJJfyt!~JAi~g!~!~~OJi~~:~!t~~)~~J1.Z~IIlIl($Jm2fQ$5t_{~i162t~.qL~~.1~9i~:e,$)1ill . A TT ACHMENT THREE '- . . Water Fund Cash Flow Anticipated Revenues Water Charges Sewer Charges Interest Income Other Revenue 330 FY04 FY05 FY06 FY07 FY08 $14,625 $37,607 $37,607 $37,607 $37,607 $13,268 $34,118 $34,118 $34.118 $34.118 $669 $1.721 $1.721 $1.721 $1.721 $112 $287 $287 $287 $287 .....,..---,,--- ----,- ~-~- I , $28,674 $73.733 j73.7~.__ J73.733 _.~ _$7~Z~_1 FY03 $0 $0 $0 $0 :Subtotal'l:Water F~~~_~~~~ Anticipated Expenditures Engineering BIlling and Collection Water Distribution Wastewater Collection Water Plant Wastewater Treatment ~ ' : ,.. .... , '. :----------r ~y~t~tc:;I~~aterFund. '. FY03 FY04 FY05 ($2.453) ($4,372) ($5.781 ) ($6,297) ($7,956) ($14,117) {$40.975} FY06 ($3,245) ($5,652) ($7.029) ($7,546) ($9.438) ($16,905) ($49,815) , ;;;' ''/ " tTotoftiWOter Fund, ~,.............._-.-t' J-.~ $0 ($1.184) $0 ($2.072) $0 ($2,611) $0 ($2,812) $0 ($3,525) $0 ($6,300) ., ~ ,< ....: > ~'\""<..;' .!: --'i ' ,:,.;'$0 ";,,>'{$18.505) <..: < ,T -'_-_~' h':_ ,1:,:, ' .. ;;'$0' .,' $10.169 $32,758 FY07 ($3.245) ($5,652) ($7,029) ($7.546) ($9.438) ($16,905) {$49,~~} " FY08 ($3.245) ($5,652) [$7,029) ($7.546) ($9.438) ($16,905) -:--1 {$49,815} : ._----------~-.... I $23.~~j~3_'?J.!3__j2.3,9 ~8_J ATTACHMENT FOUR - . r o () > ~ o z ;!: )> -0 DDQ lid r ::0 0 o 0 -0 -t )> rrI !!l 0 Z ~ !!l Vl ~ -0 . (1)> V. en () en rrI I'.) .. )> () )> () ~ ~ v. o )> () - BROWN V/G,...;t"r.oe C()lo.I~C1'o. ...""~fCIU'i. ,,~...., ICeoot'O.""OIH!.WTl '0' ~<JIQI'O\IC.>'.'< .rtl. '0<.11"-l'~'''''f''"l OLD MILL RIDGE SUBDIVISION CONCEPT PLAN "EVlSIONS Allli1i ~ ~ ~ ~ 188 - -..-..., 7 7 ~ I "'-. ------ ----- .,./ / - / - " ~ .-" \ - /\ \ ~/\\\, '\ \ ,'\ / ,; ) I I ;/ II/! 1 I ! \ \ \ \ \ ( \ \ \\ . "-.....\ '-........... , '" ... --.... '. - '" .. ........... " '-.. "'-. " ~'--'-,,- ........--..... "z_ '-- , - -...... ,,----- - -...:....,,> " -"\'\ 4:~" ___\ \ '~r~;~.~~t-~ . \ ....." \ '-.... \' \'\ ........... .......... \ '..... . ........... .....', I --... ........."""" "\ - ::",.".' '"" \ ( --....., .' """,' \. '. ...... .., "", \,\ ' - , '\'" i 7'./ '- " "'" , l '\..,//__ , " \)-4::Oc... CD ~o,.,-u~o o....nl'T1l'T1 ;g~~z>5 VlO>VlOVl.... ,."-o~",, OI'T1Of;rO OZZI'T18_ ~!G~~Vl9 Z>f'Tlf'Tl_O Vlnzgp8 -UI'T1Vl;oc >:o-U,.,Vl'4 ~8~o~> Cf'Tl-~O _ 0 .... ;o;:u:;:; rT'lfTl "Tl ..-.. Ool'T1 ~ c:O I -1'T1 _ :Oz 0 I'T1n OI'T1 N 11- ~ _ z ....... Cl '" ~ ()> }> n .,. --- / / / / \--- '=.r. - ~~~f ~ ~.~~;~~ I ~ ~'I ~;;t.~ /' ~ ~ --- ~........... ,~, - X ill o r o .... Vl II II II II II II ;~!'>~~~ ~OJ(Jl.~(J19 0"""'''''''' (,no }>n;p~~~g n. . ()) . VlVl Vl~~ ~ 0> '" o }> n . r o () :P =! o Z ;:: :P 'U J tL / ~ Ii] -l r'l ~4~ ------..... - BROWN :t.c t.~~~ roG CC'.l'~_C1Ot. ". ... . \'ISION l~AR 1"1 ~'-'-'.c :rxCO'''O',If~. -'I~~'<" .:)C "'J 'J>>MJ OLD MILL RIDGE SUBD CONe""'" 1'1..-\" ~ zeE . . . 333 AN ORDINANCE AMENDING CHAPTER 15 OF THE OTWN COSE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 15-76 of the Hillsborough Code is hereby amended to read: Section 15-76 Civil Penalties (a) Any user who is found to have failed to comply with any provision of this ordinance, or the orders, rules, regulations and permits issued hereunder, may be fined up to twenty-five thousand dollars ($25,000) per day per violation. Section 2. All provisions of any Town Ordinance in conflict with this Ordinance are Repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this /./j.JA day of ffmWJRY ~.z Ayes: 6' Noes: ~ Absent or Excused: -lJ- ~/A onna F. Armbnster, Town Clerk SEAR. BROWN 334 Standard Contract For Professional Service . Project Number Client Name Town ofHillsborough Address P.O. Box ~lf2.9 Hillsborough, North Carolina 27278 Contact Mr. Kenny Keel/Ms. Margaret Hauth Phone 919732-1270 Project Location Hillsborough GIS System Town of Hills borough Fax Description of Work See Attachment A Phase I for description of work. Phase II scope of work will require separate contract to proceed. . Schedule 181 Fixed Fee-Amount $10,000.00 181 We will perform the services noted for a fee equal to payroll costs for project personnel times a factor of2.85 to provide for overhead, other costs and profit Expenses and/or outside services would be billed at 1.1 times our direct cost. o Estimated Fee Conditions of Payment o Retainer-Amount o Payment in full before drawin~ is released. o To be billed upon completion with payment due within 30 days. 181 To be billed monthly with payment due within 30 days. This proposal is valid for 30 days from the date it is signed by Sear-Brown. ,~ TERMS AND CONDITIONS 335 AR11CLE I: CLlENT's REsPoNSffilLlTIES ~" IUpramtative: Tbe Client shall appoint a representative 'zed to act on the Client's behalf with respect to the Project. Tbe Client or entative shall make decisions in a timely manner regarding all aspects of oject, shall ex.amine documents submitted by Sear-Brown and render decisions in a timely maMer to avoid unreasonable delay in the orderly and sequential progress ofSear-Brown's services and the Project schedule accepted by Client. B) ClIent', Program .nd Budget Requirements: Client shall provide Sear- Brown full information in a timely manner regarding all its requirements for the Project including its objectives. schedule. ,Tik-na. conmaints and budget including reasonable contingencies. C) Rl&frt of Entry: Client shall provide right of entry for Scar-Brown, its staff, subconsultants, and all necessary equipment to complete the Work. Sear-Brown will take reasonable precautions to minimize damage to property. Client understands that in the normal course of work some damage may occur, the com:ction ofwbich is not part of this Agreement. D) Required Inform.tion: Client will furnish Sear-Brown all infonnation. requirements, data, reports, surveys and instructions required to complete the Sco~ of Services, including identifying the t)1>e and location of underground improycmerlls and utilities, and all e-,i~1ing conditions. Sear-Brown shall have the right to rely upon the completeness and ac<ouracv of such information. Client acknowledges that certain assumptions will be mad~ regarding existing conditions that caMOt be verified without destruction or damage to existing facilities. To the fullest ex1ent permined by law. Client agrees to waive all claims against, and to hold hJ.fmkss and indemnify. SeJ.f-l3rown and ils suhconsuhants. for damages to underground improvements and utilities and for any costs associated with undisclosed existing conditions. E) Invokes: Sear-Brown will render invoices every thirty days. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client agrees to pay a service charge of one and one half percent (I ~%) per month, or the maximum rate allowed by law, on past due accounts. Payment of invoices shall not be subject to any discounts, set-offs, or backcharges by Client unless agreed to in writing by Sear-Brown. Client shall pay all costs, expenses, Estributions, ~Iudin~ collection agency fees ~d expenses, court costs an_ d attorneys fees maured by Sear-Brown, m the event collection or legal are employed to collect outstanding bills. F) Sales Tax: Client will pay any applicable sales tax whenever deemed to be due. Payment terms are exclusive of sales tax. ARTICLE II: SEAR-BRoWN's REsPoNSffilLITIES A) StaDd8rd of Care: Sear-Brown shall perfonn the services called for by this Agreement with the level of care and skill ordinarily exercised by members of the same professions aurently practicing under similar conditions. No other W8ITlInty, expressed or implied, is made. Client acknowledges that increased costs and changes may be required due to omission, ambiguities and inoonsistencies in the drawings and specifications. Client agrees to set aside a contingency of 3% of the Project construction cost to pay for these costs and changes. Client further agrees it will make no claims against Sear-Brown for any such costs and cbanges covered by such contingency fund B) CompUance with L8wa, Codes and Standards: Consistent with the professional standard of care, Sear-Brown will comply with laws, codes, and Itandards applicable to the Project design as of the effective date of this Agreement or the iasuanoe of the construction plans and specifications, whichever is biter. C) CertUlcat100a: Sear-Brown sball sign, if requested by Clieut, a statement cbst to the best of its lcnowIedge, information and belief; based in whole or in part 011 illfonmtioa provided by othtn, the acauacy of which has not been verified, cbst the Project has been completed in general conformance with the plans and apocificatioos. Sear-Brown shall DOt be required to sign any docwnent.s, DO matter by whom requested. in which Sear-Brown is required to certify, guarantee or wurant the existence of oonditions the existence of which Sear-Brown has not or c:mno( ascertain. D) ec.acn.cdoo Phase Sen1cea: If constnJction phase services are required in the Scope of Service&, the following Umu sbaJl apply: 1) SIte 0bIervatI0a: If site observatioa viaits are to be provided by Sear-Brown, Sca--Browa ahi.D visit the lite at intavals 8pprOJlri8te to the stage of the ~. 011, or as otherwise expressly agreed to in the Scope of Services, in order e the progreas md quality of the work completed by the COIItrador. Such '011 is not ~ to be an exhaustive cbecIc or a detailed inspection of the wort. but ndhcr to allow Sear-Brown to become gmcra1ly familiar die prose- of the Work aDd to detamiDe in gencn1 if the work is being performed in . manner indicating that, wben fully completed, the work will be in NSB-26-A (06/01) ~dance with the C~~ ~ents. Sear-Brown shall not be required to mal<- contmuous or exhausttve mspecttons to check the quantity and quality of the Woo nor shall Sear-Brown be responsible for the Contractor's failure to perfonn the Woo in accordance with the Contract Documents. 2) Rejection of Work.: Sear-Brown shail have the authority to reject any work of th. contractors that is not, in Sear-l3rown's professional judgment, in accordance \\;th tho Constru~tion Documents. Neither tlus authority nor the good faith judgment to rejel' or not reject any such work shall subject Sear-Brown 10 any liability or cause of actiol on be~lf of t.he contractors, subcontractors or any other suppliers or person perfonnmg portions of the work on the Project. 3) Work SIte Safety: Client agrees that Scar-Brown shall not supervise or dire,1. n have any responsibility for, control O\','r or charge ot: the Contra,"1ors' work or lh. construction means, methods, Ieclmiques, sequences or procedures or for the worl site saf~ .P."CC8utions or programs in cOMection with the Work. 'TI1ese rights an. responsl~tlrttes are s~lely those of the party or parties performing the actua constructIOn of the Project. Neither the professional activities of Sear-Brown, nor th, presence of Sear-Brown personnel and subconsultants at the construction site shal relieve the Contractors and any other entity of their obligations, dutie~ an, responsibilities including, but not limited to. construction means, methods, sequence teclmlques or procedures necessary for p,-rfornling. superintending or coordinaling 31 portIons of the Work safely and ;n accordance with an\" health or safety requirement of any regulatory agency. TIle Client agrees that the Client, Sear-Brown and it subconsultants shall be indenU1ified by the Contractors and shall be made additiona insureds under the Contractors' general. umbrella and excess liabilitv imuranc. po~~ . ~) Suhmlttals and ShOJI Drawings: If the Scope of S,'rvices includc~ lhc rc\';,'w " Contractor submittals and shop drawings, then Sear-Brown will review sucl submittals and shop drawings for the limited purpose of checking for confonnanc. with the design concept expressed and the information provided in the ConstructiOl ~menta. This review shall not include review of the accuracy or completeness 0 delads, s.uch as quantities, dimensions, weights or gauges, fabrication processes constructJon means or methods, coordination of the work with other trades 0: construction safety precautions. all of which are the responsibility of the Contractors TI1e review shall be conducted ",;th reasonable promptness while allowing sufficien' time in Sear-Brown's judgment to permit adequate review. Review of a specific iten' ~balI not indicate that Sear-Brown has reviewed the entire assembly of which the iten IS a component. Sear-Brown shall not be responsible for any deviations from th, Contract Documents not brought to its attention in writing by the Contractor. Sear. Brown shall not be required to review partial submissions or those for whid. submissions of correlated items have not been received. S) Requests for Oarlftclltlon or Interpret8tlon: Sear-Brown shall provide, witl. reasonable promptness, wrinen responses to requests from Contractors fOJ clarification and interpretation of the requirements of the Contract Documents. J' such requests for information, clarification or interpretation are, in Sear-Brown', professional opinion, for information readily apparent from reasonable observation 01 field conditions or a review of the Contract Documents, or reasonably inferabl. therefrom. Sear-Brown shall be entitled to additional compensation at its regul8J billing rates fIX its time spent responding to such requests. 6) Record Docmnenta: If required by the Scope of Services, upon completion of th, Work, Sear-Brown shall compile for and deliver to the Client a reproducible set 01 Record Documents conforming to the marked-up prints, drawings and other dat? furnished to Sear-Brown by the Cou1ra.ctor. 1bis set of Record Documents will sho,", significant changes made dwing constJuction. Because these Record Docwnents are based on unverified information provided by other parties that Scar-Brown will assume to be reliable, Sear-Brown cannot and does not warrant their accuracy. E) 1nsunuKe: Sear-Brown shaJ\ maintain worker's compensation insurance required by law. Sear-Brown represents and WlIJTIIIIts that it mainlains general liability and property damage insurance. Certificates for such policies shall be provided to C1ieut upon written request. Client shaJ\ maintain at its own cost and expense, its own general liability and property damage insurance. Client and Scar- Brown waive all rights against each other and Sear-Brown's subconsultan1s, agentl' and employees for damages caused by any peril to the extent covered by the proper!) inaw-ana: maintained by Client, except to the extent such proceeds are held by Client as trustee. 1bis waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, 00IIIradual or otherwise, did DOt pay the insurance premium directly or indirectly, and wbed1a- or not the person or entity bad an insurable interest in the property damaged. A.r1Ide m: GeneJ'8I LenI ProvtRona A) 0waenIdp of Doeamenta: Drawings, specifications, and all other documents prepared by Sear-Brown or ita su~'n""h"nt". including those in electronic fonn (collectively "Design Documarta") are instruments of service. Sear-Brown shall retain all common law, statutory and other reserved rights, including copyright (2 of 3) cbcn:to. The Design Documents, including those in electronic form are furnished for use solely with respec:t to this Agreement. Client is pamitted to retain copies of the Design Documents, including those in electronic form, eo.- information and reference: in coonectiOll with the Projed.. Client shall not use the Design _ents, including those in electronic fonn furnished by Sear-Brown or its ItanIs on other projects, for additions to this Project, or for the on of this Project by other-s, without the express written consent of Sear- . Any reuse without written consent shall be at Client's risk and full legal responsibility. Client agrees to hold harmless and indemnifY Sear-Brown and its subconsultants from any and all claims, suits, demands, damages, liabilities. and costs, including reasonable attorney fees, arising from such reuse. B) RdenUon of 1>ocuJnenU: Sear-Brown will retain, pursuant to its usual document retention policy, records relating to the Work for a period of three (3) years following complc:tion of the Work. During this period, records will be made available to the Client at Sear-Brown's offices during normal business hours upon seven (7) day's notice. C) Asbestos and Hazardous Materials: Unless otherwise specifically provided in the Scope of Services, Sear-Brown and its subconsultants shall have no responsibility for the discovery. presence, handling, removal, or disposal of asbestos or hazardous or toxic materials. D) Termination and SuspensJon: This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof Such termination shall not be effective if the substantial failure is remedied before eKpiration of the seven (7) days. Client's failure to pay invoices within thirty (30) days shall be deemed a substantial failure to perform. In such event, Sear-Brown may terminate this Agreement or immediately suspend the performance of services until such failure has been cured. The Client may terminate this Agreement for its ""nvenience upon fourteen (14) days written notice. In the event ofa termination for convenience, Client will pay Sear-Brown for services performed to the &ennination effective date plus reasonable termination expenses within ten (10) c:aJendat days of receipt of a final invoice. In the event the project, or any phase of it is delayed for reasons beyond Sear- Brown's con1ro~ unbiUed work will be invoiced at the standard hourly rates for lbe actual number of hours expended. Completed phases will be biDed at fees quoted herein. E) Disputes: In an effort to resolve any conflicts that arise during the design or IIction of the Project or after completion of the Project, all claims, disputes, matten in question between the parties to this Agreement that arise out of to this Agreement or the breach thereof shall be liUbmitted to nonbinding llIlion before a neutral third-party mediator acceptable to both parties. Such mediation shall be a condition precedent to the commencement of any legal action arising out of this Agreement except those legal proceedings related to Client's failure to pay. 'The mediation shall be conducted in accordance with the Construction IDdustry Mediation Rules of the American Arbitration Association currently in effect unless the parties agree otherwise. The cost of the mediator shall be borne equally by the parties. A demand for mediation shall be made within a reasonable time after the c1aim, dispute or other matter has arisen. In no event shall such demand be made after the date applicable statutes of limitation or repose would bar e legal or equitable action based on liUch cIairn. dispute or other matter. In the event of litigation relating to the sufficiency or adequacy of petformance of services called for by this Agreement, should Sear-Brown obtain a judgment dismissing Client's action or claim or other resolution wherein Sear- Brown is DOt required to make compensation to Client in excess of its fmal offer made to Client in the mediation, Sear-Brown shall be entitled to recover all costs iDcurrecI in the defense of the claim including staff time, cotD1 costs, expert witness fees, IIId reasonable attorneys' fees, and other claim related expenses. 336 F) CboI~ of LawNenue: This Agreement shall be governed by the laws of the stat< in which the Sear-Brown office identified below is located., without regard to its lay. of conflict of laws. Any legal action or proceeding shall be venued in the State 01 Fedc:ral Court nearest the municipality in which Sear-Brown's office is located. G) Statute of LImftationsIRepose: Causes of action pertaining to this Agreemen: shall be deemed to have acaued and the applicable statutes of limitation and repoS( shall commence to run at the earlier of either the date of Substantial Completion ofth, Project or the date Sear-Brown's services are substantially complete. II) Assigns: Neither the client nor Sear-Brown may delegate, assign. or transfer hi, duties or interest in this Agreement without consent of the other party, except Sear. Brown may in its discretion utilize qualified subconsultents in the performance of the Scope of Services. I) Force Majeure: Neither party to this Agreement shall be liable to the other fOI delays in performing the obligations called for by this Agreement. or the direct am indirect costs resulting from such delays, that are caused by labor strikes, riots, Wal acts of government authorities, extraordinary weather conditions or other natura catastrophe, or any other cause beyond the reasonable control or contemplation 0: either party. J) No Third-Party Beneficiaries: Nothing in this Agreement shall create : contractual relationship with or give any right or benefrt to any third party. K) Severability, Refonnation and Survival: If any provision in this Agreement i, held invalid. illegal, or unenforceable, the enforceability of the remaining provision: shall not be impaired thereby. The invalid. illegal or unenforceable provision shall h, replaced by a mutually acceptable provision, which, being valid, legal all< ~"Ilforceable, comes closest to the parties' intention underlying the invalid. illegal 0 unenforceable provision. Limitations of liability, indemnities, and other expres representations shall survive termination of this Agreement for any cause. L) RIsk AllocatlonILlmhatlon of Llabllityl Client and Sear-Brown have discusse. the risk,;. rewards, and the benefit of the project and Sear-Brown's total I~e {" services. The risks have been allocated such that the Client agrees that to the fulles extent permitted by law, Sear-Brown's total liability to Client and COnstructiOl contractors and liUbcontractors for any and all injuries, claims, losses, expenseJ; damages or claims expenses arising out of this Agreement from any cause or causes is limited to and shall not exceed Sear-Brown's fee or $250,000 whichever is smaller Such causes include but are not \imited to design professional's negligence, negligen misrepresentation, errors, omissions, strlct liability and breach of contrad.. Highe limits of liability are available for a negotiated fee. M) Indemnification: To the fullest extent permitted by law, Client agrees t, indemnifY and hold hannless Sear-Brown, its officers, directors, employees, agerm IIId subconsultants from all claims, damages, injwies, liabilities, costs and expense~ including reasonable attorneys fees arising from or claimed to arise from the act! omissions, negligence, fault, breach of contract, breach of warranty, or strict liabilit. of Client or its employees, agents, contractors and liUbcontractors. N) ConsequenUal Damages: Notwithstanding any other provision of this Agreemen and to the fullest extent permitted by law, neither Client nor Sear-Brown shall b. liable for any consequential damages incurred due to the fauh of the other part: regardless of the nature of the fault or whether it was committed by Client, Seat Brown, their employees, agents, liUbconsuhants or subcontractors. Consequentia damages include, but are Dot limited to,loss of use and loss of profit. 0) Complete Agreement: lbis Agreement constitutes the entire agreement betwee: the parties hereto and supersedes all previous \U1derstandings and agreements wit; respect to the Project or any of the provisions hereof. No statement, promise condition, unden;tanding. inducement, or representation, oral or written, expressed 0 implied, which is not contained herein shall be binding or valid and this Agreemen shall not be changed, modified or altered in any manner except by an instrument i: writing executed by the parties hereto. By IIgDlng tbiJ Agreement, you are consenting to the Terms and Conditions set forth herein. Please retain a copy for yourself and return a signed original to Sear-Brown. Qient (Name) (Signature) e. #SB-26-A (06/01) Sear-Brow 1000 By Date (3 of 3) . . , . 337 AITACHMENT "A" SCOPE OF SERVICES Phase 1 . Development of Needs Assessment A needs assessment can be viewed as a "GIS wish list" - it outlines the needs and desires of the various Town departments regarding the use of GIS to support thcir daily tasks. Sear-Brown ",ill follow the steps described below to develop the needs assessment report. . Introductory Meeting/Presentation The usual first step of a needs assessment is to conduct an introductory, or "kickoff' meeting. Sear- Brown will provide an overview of GIS technology and its benefits. We will also describe the needs assessment process to the participants in order to help them prepare to participate. This also enables Town personncl to meet the project team and become fanliliar with the technology and project approach. This meeting \ViII be the first step in an informational program designed to keep the Town's GIS corc group and other Town officials aware of the status of the project. Needs Assessment Interviews Through two days of departmental interviews and site visits, Sear-Brown will gather information and collect materials regarding types of data used and the applications necessary in the day-to-day operations of the Town's departments. Interviews will be conducted with representatives of the various departments. Below is an example of an expanded listing of departments. Sear-Brown will interview ~ Administration representatives from the . Legal following parties (actual list to . Engineering be finalized upon contract . Planning/Zoning award): . Recreation . Town ClerklPersonnel ~ Finance . Payroll . Accounts Payable Tax Collection . Budget Preparation . Licensing . Purchasing ~ Public Safety . Police Department . Fire Department . Fire Inspection . Code Enforcement ~ Public W orkslUtilities . Streets and Highways . Utilities . Sanitation - . e . 1)1)8 oJ0 . Stormwater Motor Pool . Sear-Brown will spend two days on-site to discuss and assess the potential for GIS use with the interviewees listed above. Thc interviews will cover the four main components of GIS: hardware; software; data; and people. Sear-Bro\\'T1 will make dctailed assessments of the following scctions: a. Mapping, Database, and Analysis Needs: Sear-Brown will determine how GIS will be utilized. This includes a review of the map data in use, how data is analyzed, and what data is needed to produce the output products required by each department. Sear-Brown will assess: . Geographically-referenced tasks carried out by each department Accuracy and scale requiremcnts of map data Attribute databases associated with mapped data Enhancing tasks through GIS analysis or cartographic capabilities Potential tasks that could be implemented with the addition of more data. b. Output Requirements: Each Town has a variety of output requirements that include citywide maps, project-specific maps, presentation graphs and charts, and tabular reports. Sear-Brown will assess: . The type, scale, number, and media of map outputs . The type and number of tabular reports . Other graphic outputs that can be met through GIS c. The Number of Users and Frequency of GIS Use: Sear-Brown will assess the number of potential GIS users in each department, as well as the potential number of users as system functionality expands. The frequency and nature of the uses will be evaluated thoroughly to assist us in determining hardware and software needs. Some examples of different levels of uses include: Sear-Brown will evaluate these levels of use: a. Ad-hoc map or database query b. Hard copy map creation c. Geographic analysis d. Data update and development d. Data Sharing Poten~al.Between Town Departments One of the great advantages of GIS is the ability for multiple users to access a single database. This reduces storage space, data redundancy and inconsistencies, as well as unnecessary delays in obtaining information from other departments or external sources. In short, if done correctly it simplifies data access, maintenance, and updating. A data sharing strategy also facilitates multi-department funding and cooperation to develop data sets needed by multiple users. For instance, parcel data is not only used by the Assessments department but SEAR- BROWN e . , . 339 also by Planning, Police, Fire, and other departments. One shared geographic database can be accessed and used by each department, with its own proprietary database, for its own purposes. Sear-Brown will determine these data sharing requirements: . The amount of each type of data to be accessed by multiple parties Security and access issues . The incorporation of digital data standards Networking e. Existing hardware and software Sear-Brown will evaluate the existing computing environment within the various Town departments and agencies. We will need to know whether existing systems can be used as is, or if they should be upgraded or replaced. It is also useful to know the technology upgrades and acquisitions to which the Town has already committed. Using this information, Sear-Brown can then determine the technological direction the Town wishes to take. Therefore, a breakdown of existing hardware, software, and networking capabilities is required. It will be used as the baseline for designing the proposed system. This baseline will also be useful for determining the anticipated costs to be incurred during system implementation. These costs are an essential part of the implementation plan budget. Sear-Brown will review these system requirements: Existing hardware platforms Existing operating system software . Existing networking capabilities . Existing application software . Prepare Needs Assessment Reoort Based on the interviews and site visits, Sear-Brown will prepare a detailed report highlighting the most efficient use of GIS in each Town department. The Needs Assessment Report will include departmental sununaries listing data and application requirements. In addition, Sear-Brown will enumerate those activities that can be supported by GIS, but are not currently done due to cost, labor requirements, and/or unavailability of data. A draft version of the report will be submitted to the Town's point of contact. The Town contact will be expected to distribute the relevant sections to each department for review. The department personnel should review their section and make comments as appropriate. The Town contact will then collect copies of the marked-up sections and return them to the project team. Sear-Brown will modify the report as required based on the comments. As part of the GIS informational program, Sear-Brown will deliver a copy of the modified needs assessment to the Town point of contact for distribution to the Town's GIS core group and department heads. Phase II . Develooment of ImDlementation Plan The implementation plan is a step-by-step blueprint for building a Town-wide GIS for Hillsborough. It is a '1.0 do list" based on the ~h list" in the needs assessment. It also acknowledges the fiscal and political realities of Town government - it orvni7.es and prioritizes the items listed in the needs assessment into realistic steps. SEAR. BROWN . . , . 340 The implementation pIan outlines the schedule and costs in a phased approach. Sear-Brown supports the concept of a phased or incremental approach, and has found that this is most successful for GIS development, especially in cases where all the needed development money is not available at the outset. A phased approach is also easier to manage, especially if guided by a blueprint such as the implementation plan. The plan will address cost alternatives for data automation, hardware and software acquisition, applications development, training, staffing, and managerial transition to automated systems. Scar-Brown is sensitive to funding and managerial issues for implementing a comprehensive spatial data system, and will work closely with the Town to balance recommendations with budget projections. The goal is to develop a phased budget and schedule that will be feasible for Hillsborough to implement over the commg years. The implementation plan will contain the following components: . GIS hardware and software acquisition plan Data development plan Application developmcnt plan Staffing and managerial plan . Training plan Funding plan Implementation budget . Implementation timeline/step-by-step recommendations The sections that follow illustrate these steps in developing the implementation plan. a. GIS Hardware and Software Acquisition Plan Sear-Brown will develop a list of alternatives for acquiring the needed hardware and software configuration. This will also include items such as network boards, plotters, scanners, printers, backup devices and digitizers. Internet connectivity will be explored, especially in terms of data acquisition through private and or public agencies. Sear-Brown will work with the Town to determine priorities and develop a time schedule for acquisition balanced with other aspects of the implementation plan as discussed below. b. Data Development Plan Sear-Brown will develop a master data list. Sear-Brown will also develop a structured plan for converting the non-digita.1 data identified in the needs analysis into a GIS database. This plan will cover the schedule and costs for a full implementation as well as identify and prioritize the near-term projects that must be accomplished with identified budgets. A major emphasis will be placed on acquiring existing data that meets the Town's scale and accuracy requirements. We will explore the availability of data from the Town of Hillsborough, NC state agencies such as DOT, Land Management Resources, and the Department of State. Sear-Brown will also evaluate the use of any private and public agencies for acquiring data Finally, this pIan will discuss the final data storage backup and organizational strategy that should be pursued by the Town, as well as approaches for acquiring outside data if required. Co Application Development Plan Sear-Brown will work with the Town to identify priority applications that require customized software development. Ifnon-GIS-specific grants are identified as a major funding source, then the grant-driven projects must be accounted for. SEAR. BROWN e . e . 341 Sear-Brown will work with Hillsborough to determine which pilot applications are most important and can be demonstrated within the allotted budget. These will be designed with a user-friendly interface that can be used by Hillsborough personnel with minimal instruction. The applications will be integrated into the Town's existing GIS when completed. Sear-Brown will then identify the resources necessary to achieve the application goals. The plan will outline options and budgets for use of off-the-shelf application software, in-house customization, or out- sourced (contracted) customization to provide casy-to-use applications for Hillsborough's end users. d. Staffing and Managerial Plan This portion of the implementation plan will describe the process of integrating the automated system into the existing organizational and management structure within the Town. This includes careful consideration and planning about where the system will be located, and where end user systems will be placed. The plan will address scenarios that includc the dcdication of full-time or part-time staffers to maintaining the system, as well as supporting the system with present staff. Sear-Brown will set forth options on management and personnel according to differing levels of GIS functionality and anticipated budget. We will also make recommendations for phasing in the technology in a manner that will not disrupt business activities. Sear-Brown will recommend personnel responsibilities, as well as cost and training necessary to establish appropriate GIS expertise. This section of the plan will be directed at ensuring smooth managerial transitions to an integrated GIS. As part of this effort, we will design an information dissemination program to keep the various Town entities abreast of Town GIS developments. e. Training Plan The training plan will outline requirements for training as well as options for obtaining training. This plan will follow a basic breakdown between I) in-depth training for the dedicated GIS staffrequired for system operation and maintenance, and 2) "end user" GIS trainingto provide display and query access to spatial databases for a larger body of Town staff. f. Funding Plan (not in scope, this requires additional services). Sear-Brown will identify the most appropriate funding mechanisms for the Hillsborough GIS project. Funding from GIS grants, as well as from non-GIS-specific grants identified in the deparbnent interviews, will be given the most attention. The team will also explore arrangements with electric, gas, cable TV, and telecommunications companies. Such arrangements can include complete funding, cost sharing, and/or swapping data conversion funds in exchange for data maintenance labor. Additionally, this plan will discuss the need for capital funding, if appropriate. g. Implementation Budget Sear-Brown will enumerate both the development cost for the system and the annual costs for operation and maintenance of the recommended system. Each item will be bracketed with a high and low estimate. The implementation budget will include estimates for: . Data. acquisition/automation . Hardware and software . Training . Applications development . Ongoing operations and maintenance, including staff costs SEAR.BROWN . . , . 342 h. Implementation TimelinelStep-by-Step Recommendations Included in the implementation plan will be a timeline that contains step-by-step recommendations for multi-year system implementation. We will also include the major deadlines/milestones for grant proposal submissions and approvals. This timeline will be presented in a Gantt chart with enough detail to enable Hillsborough to begin implementation efforts immediately. i. Presentation of Implementation Plan to the Town Sear-Brown will provide copies ofa draft report to the Hillsborough GIS core group for review. After review and comment on the draft, we will finalize the report and conduct a formal presentation detailing the proposed GIS implementation strategy plan. This meeting will be another step in an informational program designed to keep the Hillsborough GIS core group and other Town officials aware of the status of the project. Further infonnation dissemination will be carried out according to the managerial recommendations in the implementation plan. Deliverables Sear-Bro....l1 will deliver the following items to Hillsborough during the course of this project: Phase I . Printouts of the slides (discussing GIS technology, benefits, and implementation planning) from the introductory meeting . 12 copies of the draft needs assessment for Town's review . 12 copies of the final needs assessment Phase 2 . 12 copies of the draft implementation plan for Town's review . 12 copies of the final implementation plan . Printouts of the slides (discussing results of the needs assessment and implementation plan) from the final meeting ProDosed Fee Sear-Brown will perform the above scope of services for the following lump sum fee, including reimbursables such as printing, copies, travel and mileage: Basic Scope of Work: Phase I (N eeds Assessment).. . ... ... ... . .. . .. . .. . . . .. . . .. ... . . . . . . . . . . . . (To be completed by July 2002) $ 10,000.00 Phase II (Implementation Plan).................. ......... ............... (To be determined at end of Phase II) $ XXXXX.xx Additional services not included in this proposal will be negotiated upon written request. If you are in agreement with this proposal, please sign the attached contract and forward one copy to us indicating your authorization to proceed. SEAR. BROWN . . , . 343 Grants and Other Funding Opportunities - Additional Fees (optional) Funding is always an issue that must be addressed when building a GIS. There are a few grant programs focused solely on GIS; however, city officials have, in the past, "piggybacked" GIS needs onto non-GIS grant proposals. Most often, the GIS is incorporated as a tool to help complete thc activities for which the grant is approved. Sear-Brown will inquire about thc grants for which each dcpartmcnt is cligiblc. Thc Town officials know their jobs better than anyone clse - they havc a good handle on what what money is available. We will then explore the possibility of piggybacking GIS-related items onto theses grants. Sear-Brown w;l/ explore these funding topics: · Opportunities to obtain funding through grants and other mechanisms Types of activities covcred by grants and other funding mechanisms Potcntial for incorporating GIS into grant activitics · Timing/schedule of funding proposal submittals SEAR. BROWN . . , 04/l V '-j ATTACHMENT 10.1 NORTH CAROLINA ORANGE COUNTY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND MUNICIPAL AGREEMENT TOWN OF HILLSBOROUGH REINSPECTION OF BRIDGES ON THE MUNICIPAL STREET SYSTEM F A PROJECT BRZ-NBIS (10) THIS AGREEMENT, made and entered into this the 1</.;..1, day of J8AJU~y ~ ~O():L ,between the DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, hereinafter referred to as the Department, and the TOWN of HILLSBOROUGH, a municipal corporation, hereinafter referred to as the Municipality; WIT N E SSE T H: WHEREAS, the Surface Transportation Assistance Act of 1978 provided funding for a Federal-Aid Highway Bridge Replacement and Rehabilitation Program; and WHEREAS, the Highway Bridge Replacement and Rehabilitation portion of the law requires that all structures defined as bridges located on public roads must be inspected on a cycle, not to exceed two years in accordance with the National Bridge Inspection Standards (NBIS); and WHEREAS, the Municipality has requested the Department or a Consultant retained by the Department to reinspect and analyze all public bridges located on its Municipal Street System in compliance with the National Bridge Inspection Standards; and 345 . WHEREAS, the Department and the Municipality are authorized to enter into an agreement for such work under the provisions of G.S. 136-18(12), G.S. 136-41.3, and G.S. 136-66.1; and WHEREAS, the Town Council of the Municipality has approved the hereinabove referenced reinspections and has agreed to participate in certain costs thereof in the manner and to the extent as hereinafter set out. ~ NOW, THEREFORE, the Department and the Municipality agree as follows: 1. The Department or a consulting engineering firm retained by the Department shall reinspect, analyze and prepare the necessary inspection reports for all bridges on the Municipal Street System in accordance with the National Bridge Inspection Standards. 2. All work shall be done in compliance with the following documents: . (A) National Bridge Inspection Standards (23 CFR, Chapter 1 Part 650) (8) MSHTO Manual for Maintenance Inspection of Bridges - 1983 (C) Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation's Bridges - December, 1988. (D) NCDOT Manual for Maintenance Inspection, Rating and Posting of Bridges on the North Carolina Highway System 3. The Municipality shall be responsible forproviding...aoy_ required traffic control personnel during the work period. . 346 4. The Municipality shall furnish all data in the possession of the Municipality . that can be released that will help the Department or its Consultant in the accomplishment of the work including but not limited to appropriate municipal maps showing the location of the bridges, plans for the bridges when available, and any prior inspection reports. 5. The Municipality shall designate a responsible Municipal Official with whom the Department or its Consultant will coordinate the work. 6. It is understood by the parties hereto that the Federal Highway Administration, through the Department, is to participate in the costs of the work to the extent Qf eighty (80) percent of actual costs, subject to compliance with all applicable federal policy and procedural rules and regulations. All costs not participated in by the Federal Highway Administration shall be borne by the Municipality. . 7. Upon completion of the bridge reinspection, and analysis work, the Department shall invoice the Municipality for accumulated project costs not participated in by the Federal Highway Administration. Upon FHW A final audit, the Department shall invoice/refund the Municipality any differences in the amount previously invoiced and the actual costs not participated in by the Federal Highway Administration. Reimbursement shall be made by the Municipality upon receipt of said invoice. 8. In the event the Municipality fails for any reason to pay the Department in accordance with the provisions for payment hereinabove P!9vid~Q., the Municipality hereby authorizes the Department to withhold so much ofthe Municipality's share of funds allocated to said Municipality by the General Statutes of-North Carolina, Section 136-41.1, until such time as the Department has received:.payment in full. . 347 9. Upon completion of the work the Department shall maintain all books, . documents, papers, accounting records, and such other evidence as may be appropriate to substantiate costs incurred under this agreement. Further, the Department shall make such materials available at its office for three (3) years from the date of payment of the Final Voucher by the Federal Highway Administration under this agreement, for inspection and audit by the Federal Highway Administration, or any authorized representatives of the Federal Government. IT IS UNDERSTOOD AND AGREED that the approval of the work by the Department is subject to the conditions of this agreement, and that no expenditure of funds on~the part of the Department will be made until the terms of this agreement have been complied with on the part of the Municipality. IN WITNESS WHEREOF, this agreement has been executed, in duplicate, the . day and year heretofore set out, on the part of the Department and the Municipality by authority duly given, as evidenced by the attached certified copy of resolution, ordinance or charter provision, as the case may be. . L.S. . ATTEST ~~lkvkiJ CLERK . . \~\\,"IIII""" SE~\~MdJU~~TY ...,' ~ O.L\ ~ ~ ~ ''0 -:. ~o . c::.~ ::: I-- Town _ ~ - of I ~.. - ~ Hill~J.fgh:J: g ~~ ~ -:... O~ ~ "t- .f "'''",,'lij" CARO'3-\,'.....'.... III \\ "'1111"" L.S. A TIEST l SECRETARY TO THE BOARD 348 TOWN OF HILLSBOROUGH \' (?' by: ~ }~..o ;' / MAYOR L/ This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. ~~~ , Signa e f Finance Officer DEPARTMENT OF TRANSPORTATION BY: STATE HIGHWAY ADMINISTRATOR BOARD OF TRANSPORTATION SEAL APPROVED AS TO FORM ROY COOPER A TIORNEY GENERAL BY: ASSISTANTArrORNEY GENERAL . . . 349 COPY OF A RESOLUTION PASSED BY THE TOWN COUNCIL OF THE TOWN OF HILLSBOROUGH, NORTH CAROLINA The following resolution was introduced, and Council Member ,/}hER;])1'J JJ moved that it be adopted. The motion was seconded by Council Member jJ()rl J:..O carried; , and, upon being put to a vote, the resolution was WHEREAS, the Town of HILLSBOROUGH has requested the Department of Transportation to perform certain work under the Federal-Aid Highway Bridge Replacer:nent and Rehabilitation Program, said work to consist of the reinspection and analysis of all public bridges on the Municipal Street System in the Town of HILLSBOROUGH; and WHEREAS, the Town of HILLSBOROUGH proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Department of Transportation or a consulting engineering firm retained by the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with the National Bridge Inspection Standards; and WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty Jl30) R.~rcent of the cost of the work subject to compliance with all applicable fede~al P0liCY and procedural rules and regulations; and :-, :' 350 . WHEREAS, under the proposed agreement the Town of HILLSBOROUGH shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal highway Administration. NOW, THEREFORE, BE IT RESOLVED that the' agreement for the hereinabove referenced bridge inspection work is hereby formally approved by the Town of HILLSBOROUGH and the Mayor and Clerk (or Manager) of this Municipality are hereby empowered to sign and execute the required agreement between the Town of HILLSBOROUGH and the Department of Transportation. Tl:1i& Resolution was passed and adopted the /11># day of JA.nUff/2j1 ,~W.l. I, J)/JtJJ1J/J j: 4mb.ei~ , Clerk (or Manager) of the Town of . ;h/Ak,eou.gh , North Carolina, do hereby certify that the foregoing is a true and correct copy of excerpts from the Minutes of the Town Council of this Municipality; WITNESS, my hand and the official seal of the Town of /J1hJt?Rt:JII~ on this the /,1 M day of -:7/inu81o/ ,~/tIL. ,.,\1111111,,/ ,\\ H~/" ,\ at:: ,~ " ,r- S ~~ ,,~ ~... .f~~ .~~ i ~ ToMlJ&;ALlW=:. .. of - = ~ Q= =. ::1:= :.- ~ '..4 ... ..".-~ ~ -:'0 ~ ~"~~ ~~~.... "'1 it CARO'S .i'; ," \\' """11""\ ~~/A~ CLERK (OR MANAGER) TOWN OF HILLSBOROUGH NORTH CAROLINA . . . . AMENDMENT NO.3 CONTRACT FOR ENGINEERING SERVICES BETWEEN THE TOWN OF HILLSBOROUGH, NORTH CAROLINA AND W. K. DICKSON & CO., INC. WATER TREATMENT PLANT UPGRADE Amendment No.3 modifies the Contract for Services between the Town of Hillsborough, North Carolina and W. K. Dickson & Co., Inc. dated June 15, 1999 for professional engineering services related to the upgrade of the Town of Hillsborough Water Treatment Plant. The purpose of Amendment NO.3 is to adjust the compensation to the Engineers to reflect additional work associated with a change in project scope as described below: Attachement A - Scope of Services The OWNER requested the CONSULTANT to proceed with the preparation of a Phase 1 Archaeological Survey of the proposed sewer outfall construction corridor as required by the State Historic Preservation Office (SHPO). Upon completion, the survey report will be submitted to the SHPO for review and comment. A phase 1 survey consists of a visual field inspection of the construction corridor. However, if a potential site of cultural significance is located, a more intensive (phase 2) survey shall be required. The phase 2 survey is not within this Scope of Services. Attachment B - Basis of Compensation Paragraph 1 - Basic Services: The fee the OWNER shall pay the CONSULTANT for the additional services set forth in Attachment A, Scope of Services as follows: Phase 1 Archaeological Survey: $6,200 (Lump Sum) Date: 1/02102 1 351 . . 352 CERTIFIED COpy OF CORPORATE RESOLUTION OF TOWN OF HILLSBOROUGH I, the undersigned, hereby certify that I am the Town Clerk of the above- named Corporation which Corporation is duly organized and existing under the laws of the State of North Carolina ; that the following is a true copy of the Resolution duly adopted by the Bo~rd of Directors of said Corporation effective on the 14th dayof T:lnll>'lry ,~ 2002. RESOL VED, that the officers listed below are authorized Representatives of the Company with the authority to conduct all Trust Business on behalf of the Company with First:Citizens Bank & Trust Company. NAME I. TITLE. SIGNATURE Eric Peterson Town Manager . Sherry Carter Finance Director Joe Phelps Mayor Donna F. Armbri~ter nppllf"y Fin<<nrp nir I further certify that this Resolution has neither been rescinded nor modified. Witness my hand and seal of Town of Hillsborough Day of January I ,wooax 2002. this 14th . \,\llilJHI{. ,\\\ 1 'II "1/. ...,:"" O~ n -L8(; ~.I/...... ~.. ~~ 0..(\ ~ , ~~ .~ ~ ::: Q' 0 -:. :: f- Town c:::. ~ ~ gh ~~ - - - - -:~ ~ :: .,., v- _~." ~ ~,....,.>9>J" . ~ "t' ,,~ -'.I; '7 CARO'-S ,\,'" '1, \\' lilli, nil!" ~~ ~ toLtJtJ t/e..r I(