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Home My Public Portal About06-09-2003 Regular Session . . . 257 Town of Hill~ MINUTES HILLSBOROUGH TOWN BOARD June 9, 2003 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on June 9, 2003 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Mike Gering, Mark Sheridan, Frances Dancy, and Evelyn Lloyd. Absent was Commissioner Kenneth Chavious. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Utility Analyst Julie Fogleman, Assistant Town Manager/Public Works Director Demetric Potts, Planning Director Margaret Hauth, Fire Marshal/Code Enforcement Officer Todd Chavious, Fleet Maintenance Supervisor John Cook, Management Intern Kent Wyatt, and Town Attorney Bob Hornik. gh Mayor Joe Phelps called the meeting to order at 7:32 PM. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Charge, but stated that it would be observed. 2. INTERVIEW POTENTIAL VOLUNTEER APPLICANTS A. Interview candidates for ETJ seat on Planning Board The Town Board interviewed Barrie Wallace for the ETJ seat on the Planning Board. 3. APPOINTMENTS A. Adopt Resolution recommending the appointment of a volunteer to fill an ETJ seat on the Planning Board with a term to expire June 30, 2006 After some discussion, and upon a motion by Commissioner Dancy, seconded by Commissioner Sheridan, the Board moved to adopt a Resolution recommending the appointment of Rachel Hawkins to fill an ETJ seat on the Planning Board with a term to expire June 30, 2006 by a vote of 3-2 (Commissioners Dancy and Sheridan voting Aye; Commissioners Lloyd and Gering voting Nay; and Mayor Phelps breaking the tie voting Aye). The motion was declared passed. A copy of the Resolution Recommending Appointment is hereby made a part of these official Minutes as an Attachment. 4. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA (speakers will have a 5 minute limit) There were no audience comments. . . . 258 5. AGENDA CHANGES & AGENDA APPROVAL Commissioner Gering reminded the Board of the meeting Thursday night at 7:30 PM at the Senior Center in Hillsborough regarding Retirement Centers. 6. APPROVAL OF THE MINUTES OF MAY 12, 2003 REGULAR BOARD MEETING, THE MAY 12,2003 CLOSED SESSION, THE MAY 15, 19, AND 27 BUDGET MEETINGS Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to approve the Minutes of the May 12, 2003 regular Board Meeting, the May 12, 2003 Closes Session, the May 15, 19 and 27 Budget Meetings as presented by a vote of 4-0. The motion was declared passed. 7. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson updated the Board on the Finance Director Position recruitment process. He stated that the advertising has begun and the position closes on July 7th. 8. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel was not present, but Utility Analyst Julie Fogleman offered to answer questions from the Board on current water and sewer projects. There were no questions. 9. ITEMS FOR DECISION - REGULAR AGENDA A. Jim Dooley will offer an invitation to the Board and Staff to 2003 Hog Day Mr. Jim Dooley and Margaret Cannell from the Chamber of Commerce invited the Town Board and Staff to attend the 2003 annual Hog Day event on June 21 st. B. Evelyn Poole-Kober will address the Board regarding the proposed Turnip Patch Park Evelyn Poole-Kober voiced her objections to the Turnip Patch Park. She stated that she lives across the street from the property in question and desired the land to remain a natural habitat. Ms. Poole-Kober expressed her fear that the creek will be disturbed and cause additional stormwater run off. She added that there is not adequate parking or sidewalks for citizens to access the park. She inquired what would happen to the existing wildlife and had the issue of the Town's liability been addressed. ADDED SPEAKER Arthur Axelbank addressed the Board and also voiced objections to the Park at this location. He informed the Board that there have been several vehicle accidents at that intersection. He reiterated the fact that there is not adequate parking and expressed his 'concerns that the area would be used after hours by teenagers. Dr. Axelbank stated that in his opinion, the topography of the lot is not suitable for toddlers. 2 . . . ... 259 ADDED SPEAKER Crystal Bobbitt requested the public be given an opportunity to view the plans before the Board makes a fmal decision. By consensus, the Board directed the Planning Director to have this Item sent back to the Parks and Recreation Board for further consideration and another public meeting. C. Ronald Baird will address the Board regarding concerns over the recent placement of no trespassing signs at Lake Ben Johnston Ronald Baird stated that he regularly canoes and fishes in this area and would like to be able to continue using the lake area to canoe upstream on the Eno River. He requested the Board provide some type of relief from the no trespassing regulations now in place. Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to designate the area of Lake Ben Johnston that is immediately adjacent to the road bed/right-of-way along Dimrnock's Mill Road near the dam as a permissible area for citizens to access the water by a vote of 4-0. The motion was declared passed. D. Orange Rural Fire Board to make presentation regarding FY04 Budget Funding Alois Callemyn and Fire Chief Jeff Cabe came before the Board to request that they reconsider the Orange Rural Fire Department's budget funding requests by providing full funding for the maintenance request (i.e., and additional $15,000). E. Discuss and Consider Adoption of the FY2004 Budget Mayor Joe Phelps discussed with the Board some of his concerns with the proposed Budget as being: · The funding for the electrical installation for the holiday lighting downtown. He suggested that this entire cost be requested from the Tourism Board. · The funding for an outside contractor to work on the Strategic Growth Plan. He suggested the money might be better spent by hiring another Planner in the Planning Department. · Decision on Water Rates. Commissioner Dancy agreed that the holiday lighting funding should be requested from the Tourism Board. Commissioner Sheridan explained that the Tourism Grant Application deadline was April 1 st and additional grant funding will not be available until fall. Commissioner Gering suggested leaving the request for the lighting in the Budget and requesting Tourism funding for reimbursement of at least part of the expense. Commissioner Dancy agreed. 3 . . . 260 By consensus, the Board agreed to leave the funding in the Budget as proposed and directed staff to proceed with submitting a $10,000 Tourism Grant Application for partial reimbursement in the October Tourism Grant cycle. FIRE DEPARTMENT BUDGET REQUESTS Commissioner Sheridan suggested that the Fire Department funding be $40,000 for Building Maintenance and $10,000 reimbursement for the ceiling tiles, which had to be replaced. By consensus, the Board agreed. WATER/SEWER FUND Will Atherton distributed copies to the Board of the Resolution creating the Water/Sewer Advisory Committee and pointed out that some of the charges to that committee is to provide regular updates and make recommendations to the Town staff and Board of Commissioners regarding general operational, financial, public information, and other issues related to the management of the Water & Sewer Fund. He questioned why no one from the committee has been present for the Water & Sewer Fund Budget discussions. Lori Zwilling addressed the Board and explained the hardship the high Out-of-Town Water/Sewer rates are causing her family and requested the Board consider reducing the Out- of-Town Rate. Town Manager Eric Peterson presented the following seven Water/Sewer Rate options in the proposed Budget for the Board to consider: COST ABSORBTIONIREDISTRIBUTlON NEEDED TO FUND VARIOUS RATE OPTIONS Lost Water Revenue If Change Not Revenue Neutral Lost Sewer Revenue If Change Not Revenue Neutral Total Revenue Lost If Change Not Revenue Neutral Option # I - No Change Option #2 - 2,500 gal. Min. Option #3 - Lower Mult. to 195% Option #4 - Lower Mult. to 190% Option #5 - Lower Mult. to 190% w/a 2,500 Min. Option #6 - Lower Mult. to 180010 w/a 2,500 Min. Option #7 - Lower Mult. to 180010 w/a 3,000 Min. o 46,950 11,865 23,967 67,927 91,919 44,346 o 131,608 51,069 103,468 231,562 334,854 204,162 o 84,658 39,204 79,501 163,635 242,935 159,816 NOTE: Revenue lost by lowering the current 200% out-of-town multiplier and/or lowering the currently monthly minimum from 3,000 to 2,500 gallons would have to be either absorbed by fund balance appropriations, expenditure cuts, and/or increasing rates in other areas (e.g., in-town rates). Commissioner Sheridan suggested adopting Option #7. Commissioner Lloyd stated that she would feel more comfortable making a recommendation after the meeting with the in-town customers and considering their input. 4 . . . 261 Commissioner Gering suggested adopting Option #2 which he stated would benefit 10% of the Town's customers (both in-town customers and out-of-town customers), would reduce the minimum, and keep the multiplier the same. Commissioner Sheridan stated that he sees it as a "fairness" issue that the out-of-town customers should not be charged double what the in-town customers are charged. Commissioner Sheridan made a motion to delay decision on the Budget adoption until the June 23rd meeting. Commissioner Dancy seconded the motion. The vote was Commissioners Sheridan, Dancy, and Lloyd voting Aye; and Commissioner Gering voting Nay. The motion passed with a 3-1 vote. Mayor Phelps called for a short recess. Mayor Phelps reconvened the meeting. F. Consider approval of Contract with GovDeals, Inc. for Town Surplus Property Auction Fleet Maintenance Supervisor John Cook presented the Contract for the Board's consideration. He explained that the League of Municipalities has a contract with GovDeals, Inc. and is offering an online auction service for municipalities. The cost for the service will be 7.5% of the selling price and payable thirty days after the Town receives their funds from the Town. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Contract with GovDeals, Inc. for Town Surplus Property Auction as presented by a vote of 4-0. The motion was declared passed. A copy of the contract is hereby made a part of these official Minutes as an Attachment. G. Update from Code Enforcement Officer on Nuisance and Junk Car abatement efforts Code Enforcement Officer Todd Chavious reported on code enforcement efforts. He reported that the remaining 10 initial violations have received notice of civil action and now all remain in process with the Town Attorney. He also stated there are approximately 35 new violations. H. Consider approving additional handicapped parking spaces at the Orange County Government Services Center on Cameron Street Assistant Town Manager/Public Works Director Demetric Potts presented Orange County's request for additional handicapped parking spaces at the Government Services Center on Cameron Street for the Board's consideration. By consensus, the Board agreed to approve the additional handicapped parking spaces requested. 5 . . . 262 1. Discuss possible dates, subjects, and format options for meeting regarding out-of-town water rate issue By consensus, the Board agreed to devote the July Board Workshop on July 28th to discussing the water rate issue and preferably hold the meeting in the Battle Court Room inviting both in-town and out-of-town customers to attend. J. Review Draft Raw Water Sales Contract for Orange-Alamance Water System Utility Analyst Julie Fogleman presented the Contract for the Board's consideration. By consensus, the Board agreed to table this Item until the July meeting. K. Review and Discuss a proposed Ordinance to make Garbage Disposals Illegal for any New Installations Utility Analyst Julie Fogleman presented the proposed Ordinance for the Board's consideration. By consensus, the Board agreed to table this Item until the July meeting. L. Authorize the Town Manager to sign an Amendment to the Interlocal Agreement for Phase V of the Triangle Area Water Supply Monitoring Project Town Manager Eric Peterson introduced this Item for the Board's consideration. Manager Peterson explained that the Town has participated in the Triangle Area Water Supply Monitoring Project since 1988, in partnership with other area municipalities, TJCOG, and USGS. This amendment will extend the project for an additional 4 years. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to authorize the Town Manager to sign an Amendment to the Interlocal Agreement for Phase V of the Triangle Area Water Supply Monitoring Project as presented by a vote of 4-0. The motion was declared passed. A copy of the Interlocal Agreement Amendment is hereby made a part of these official Minutes as an Attachment. By consensus, the Board agreed to table Items 9.M, 9.N, 9.0, and 9.P until the July meeting. M. Receive staff report on non-conforming freestanding signs in the South Churton Street corridor N. Direction to staff regarding the Orange Grove Road Task Force report and consideration of endorsing the report's recommendations O. Further discuss Allowing Upright Headstones in all Sections of the Cemetery P. Approval of Memorandwn of Understanding with the Brough Law Firm to provide legal services to the Town in FY03-04 6 . . . 263 Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Tourism Grant Applications as presented in Items 9.Q, 9.R, and 9.S by a vote of 4-0. The motion was declared passed. Q. Consideration of a Tourism Grant Application from the Alliance for Historic Hillsborough in the amount of $11 ,000 R. Consideration of a Tourism Grant Application from the Historic Hillsborough Commission in the amount of$12,000 S. Consideration of a Tourism Grant Application from the Orange County Historical Museum in the amount of $16,500 10. CLOSED SESSION A. Closed Session to Discuss two (2) Legal Matters. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to go into Closed Session to Discuss two Legal Matters by a vote of 4-0. The motion was declared passed. Upon returning to Open Session, and upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to authorize Town Attorney Hornik to execute the settlement of the Caruthers' Reservoir Case provided that he determines the settlement to be fair by a vote of 4-0. The motion was declared passed. 11. ADJOURN Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to adjourn at 11 :00 PM by a vote of 4-0. The motion was declared passed. I~~ Respectfully submitted, Donna F. Armbrister, MMC Town Clerk 7 Town of ~ill,~ 264 June 10,2003 Mr. John Link Orange County Manager P.O.Box 8181 Hillsborough, NC 27278 Dear Mr. Link: The Hillsborough Town Board, at it June 9 meeting, adopted the attached resolution requesting that Rachel Hawkins be appointed to an Extraterritorial Planning Jurisdiction seat on the Hillsborough Planning Board. If appointed, Ms Hawkins term would expire in June 30, 2006. We would appreciate your submitting this resolution to the County Commissioners for consideration. Sincerely, .bt~ Town Clerk Enclosures: Resolution Application from Rachel Hawkins . 101 East Orange Street. P.D. Box 429 . Hillsborough, North Carolina 27278 Q1Q.7.?9.197n. 17,..,.... Q'Q.I;AA.9~on Town of ~tn~ 265 RESOLUTION REQUESTING AN APPOINTMENT TO AN EXTRATERRITORlAL JURISDICTION SEAT ON THE HILLSBOROUGH PLANNING BOARD WHEREAS, as a result of the end of a tern, it is necessary to appoint a person to a seat reserved on the Hillsborough Planning Board for persons residing within the town's extraterritorial planning jurisdiction; and WHEREAS, by state statute and town ordinance, the Orange County Board of Commissioners initially has the authority and responsibility to appoint ETJ members to the town's Planning Board. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH RESOL YES: Section 1. The Orange County Board of Commissioners is respectfully requested to appoint the following individual to an ETJ seat on the Hillsborough Planning Board, whose tern1 would expire in June 30, 2006: Rachel Hawkins 802 Greentree Drive Hillsborough, NC 27278 . Section 2. If the Orange County Board of Commissioners fails to appoint persons willing to serve in Ie capacity described above within 90 days after receiving this resolution, then the Hillsborough Town Board may make this appointment. Section 3. The Town Clerk shall send a copy of this resolution to the Orange County Manager. Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote received the following vote and was duly adopted this 9th day of June 2003. Ayes: $ Notes: ~ Absent or excused: ( I, Donna F. Armbrister, Town Clerk of the Town of Hillsborough, do hereby certify that the foregoing is a true and correct copy ofa resolution adopted by the Hillsborough Town Board of Commissioners on June 9,2003. jt/jl/-i d~lv~JiA/ Donna F. Armbrister . Town Clerk 101 East Orange Street' P.O. Box 429 . Hillsborough, North Carolina 27278 OIO_7?9_197n. 1<'"..- 010 ~AA l)')on .. . . 266 Why NC Governments should utilize GovOeals GovDeals is a highly efficient, Droven system that produces hiaher Drices for clients. . Other governments are using GovDeals with success (list grows weekly) Alabama Local governments California Local governments Florida Local governments Illinois Local governments Kentucky Local governments Michigan Local governments Ohio Local governments South Carolina Local governments Tennessee State and Local governments Virginia Local governments Washington State and Local governments . Major benefits for sellers (clients) when using GovDeals 1) Produces higher prices. Global exposure to a large number of active and highly targeted buyers produces increased number of bids and higher prices for your members. 2) Reduced warehouse space. No need to accumulate items for months to hold an auction. Your items are auctioned immediately, as they become available - not stored. Direct and indirect savings realized due to less damage, "shrinkage", and warehouse space required. 3) No transportation required. Eliminate the transportation and handling of your surplus equipment as well as the direct and indirect costs associated with transporting them to off-site auction sites. Sell items right from vour warehouse or surplus yard - without ever havinq to move them. 4) Weather and uncomfortable conditions are eliminated~ Buyers can view items and conduct their bidding in a comfortable environment that fits their schedule. Sellers provide accurate descriptions with colorful digital images to view on the user-friendly GovDeals site. You never have to worry about a "rain out" date and re-scheduling or bidders being "too hot" or "too cold" for your auction. 5) Continuous revenue stream. Sell items immediately as they are declared surplus. Revenues are returned on a frequent and timely basis. 6) Avoid "absolute" auctions low prices. No need to accept low price or bring the equipment home. Reject bids if not acceptable - or utilize the easy and "painless" ReserveBid feature. 7) Positive cash flow. List items for 14 days. Allow 5 business days for receipt of payment. Itemized invoice arrives at end of month for all items sold during the month. . What does GovDeals provide? 1) Large audience of existinQ Buyers. We will notify your traditional, local Buyers. We also target a broad group of potential Buyers from our database, as well as registered GovDeals Buyers who are seeking specific items. This increasing number of active Buyers results in a larger total number of bids and higher prices overall for your items. 2) Training and assistance - on-site implementation and ongoing. We will train your designated personnel in listing items successfully. From taking digital images to composing accurate, succinct . . . 267 and key listings - we will work to assure your success from the outset. We are available for continuing training assistance and support, as needed. '3) Assistance and research to detennine comparableffair market values. GovDeals can provide recent actual sales prices for comparable items to accurately and realistically define "starting bids". We subscribe to a national auction results reporting service and make this available for clients. We utilize multiple database searches to determine fair market values. 4) Highly effective multi-channel marketing program - you will immediatelv be able to present their items to large group of highly targeted and active buyers. Bids are received within minutes of Iistina. 5) Print media support. We have developed ads that will be placed in local, statewide and regional print media. 6) Staffed Help Desk. Our Help Desk is staffed Monday through Friday from 8:00am to 6:00pm (ET) with live, friendly, trained personnel. Our toll-free number is (800) 613-0156. 7) 'BidWatch', 'AutoBid', ReserveBid and other automated features. BidWatch allows buyers to be notified of upcoming auctions and even specific items that they seek AutoBid allows Buyers to set pre-determined bids for items that they seek while it .protects" or increases their bids automatically. Buyers are assured that the closing dates set are never missed. ReserveBid allows Sellers to establish a specific price for an item while notifying Buyers that "Reserve Not Met" must be overcome'to purchase the item. . What does GovDeals cost? 1) Seven and one-half percent (7~%) of the final (closing) sales price. 2) No licensing fees - no monthly re-curing costs. 3) No minimum quantities - monthly or annually. 4) All items sold during the month are invoiced at end of month with full itemization. Payment within 30 days from receipt of invoice. 5) No cost if sale is not completed (Le., payment received). . Miscellaneous 1) Non-exclusive Agreement - The Sellers Agreement (contract) is NOT exclusive. You can use other auction approaches (Le., sealed bid, traditional, etc.) in addition to GovDeals. You can not list items simultaneouslv with other auction approaches. 2) Re-neg. Buyers - This is a rare event, but the options are; a) negotiate with the 2nd highest bidder, b) re-list if unsuccessful in negotiating with 2nd, 3m and additional reasonable Buyers. No costs are incurred until your items are sold and payment is received. 3) Shipping and handling - Buyers will arrange all handling, loading and transportation of purchases. Sellers do NOT ship or load. (NOTE: Many Buyers are long-time, repeat purchasers. We encourage you to assist them whenever possible in scheduling requests and possibly assisting in loading difficult items to assure continued loyalty and an overall pleasant experience - which results in repeat purchases). . How to start 1) Execute Sellers Agreement - Review and approve Terms & Conditions (last 2-3 pages). Has cancellation clause (both parties) with 60 days notification. One-year duration with renewal option unless cancelled. Non-exclusive. Contact GovDeals at (800) 613-0156 - or the League office. 2) Identify key contact for training and liaison - good thinker, POSITIVE ATTITUDE and knowledge of PC & Internet helpful. We will train them to succeed - on-site if needed and requested. This person will set the pace for success or failure for the entire oraanization. 3) Digital camera - recommend Sony Mavica (or similar) with 3 Yz diskettes (not memory sticks) for ease of editing. Go from camera to PC quickly. MS PhotoEditor at no cost if using MS Office Suite. 4) Internet connectivity - fast is better. Must have Internet access - dial-up service OK. 5) Payments - direct Buyers to where payments are currently being accepted. Issue them . recei pt and direct to location for pick-up. Suggest printed directions sheet for Buyer to avoid confusion. . . . 268 GovDeals Sellers Agreement This Agreement is between GovDeals, Inc. ("GovDeals"), a Delaware corporation having its principal place of business at 5913 Cannichael Place, Montgomery, Alabama, 36117 and Town of Hills borough ("Client"), having its principal place of business at 101 East Orange Street - Post Office Box 429, Hillsborough, North Carolina, 27278-0429. 1.0 Descriotion of Services: GovDeals provides a means for sellers to list items for sale and for potential buyers to bid upon these items via an Internet-based auction system. Although GovDeals may provide software and applications to the Client to make the listing of items easier, GovDeals is not a party to the actual sale and has no control over the listed information or the ability of the buyer and seller to complete the transaction. A more detailed description of the GovDeals system environment is provided in Exhibit A, attached hereto. 2.0 GovDeals Resoonsibilities: In addition to the operation of an Internet auction server, GovDeals will provide the Client with the following products and services during the term of the Agreement: 2.1 Access to a web-based application ("Client Asset Server") that will help the Client maintain information about assets and submit them to the Enterprise Auction Server described in Exhibit A. The Client Asset Server will: 2.1.1 Accept descriptive information concerning an asset; 2.1.2 Allow different auction phases based upon dates and times to be specified; 2.1.3 Permit the assignment of certain buyer restrictions during each auction phase; and 2.1.4 Facilitate requests for credits regarding transactions that were not completed. 2.2 Training and support services to implement the GovDeals service, which will include: 2.2.1 Familiarization with the nature and operation of the Enterprise Auction Server; 2.2.2 Use of the Client Asset Server; 2.2.3 Guidance in the initial entry of assets; 2.204 Procedures for taking and posting pictures of assets; and 2.2.5 Assistance in the development of an implementation plan and schedule. At GovDeals option, training and support services will be provided either on-site or via telephone and the Internet. 2.3 A customer support desk available via telephone or e-mail between the hours of 8:00 a.m. and 6:00 p.m., Eastern Time, on normal business days. 2.4 Marketing of the on-line auction service to promote use of the site by potential. buyers. GovDeals Sellers Agreement -Version 061101-01 Page 1 Copyright 2001, GovDeals, Inc. . . . 269 3.0 .', Client Responsibilities: To promote a successful operation and increase the benefits from using GovDeals auction capabilities, the Client agrees to: 3.1 Provide on-site support and resources required to access the Client Asset Server via the Internet; 3.2 Make sufficient personnel related to surplus property disposal available for training, implementation, and initial data entry; 3.3 Cooperate with marketing' campaigns, including providing a mailing list of prior auction customers, if available; and 3.4 Utilize GovDeals Client Asset Server and on-line auction capabilities during the term ofthis Agreement by: 3.4.1 Listing assets for sale on the GovDeals auction service; 3.4.2 Completing sales transactions for assets sold via this service; 3.4.3 Not selling through some other means any item for which it has received a winning bid via GovDeals for the specific purpose of avoiding the GovDeals fee; and 3.4.4 Not engaging, directly or indirectly, in any activities intended to manipulate or interfere with the bidding process. 4.0 Fees: Client agrees to pay GovDeals a fee of seven and one-half percent (7.5%) ofthe winning bid, but not less than $2.50, for any item that is sold as a result of having posted it to the GovDeals web site. 5.0 Payment: 5.1 GovDeals will invoice Client for fees on a periodic basis. Client agrees to remit payment to GovDeals within thirty (30) calendar days, unless an applicable prompt payment act or similar legislation specifies a different time period. 5.2 Client shall promptly, but not more than sixty (60) calendar days after the sale date, notify GovDeals of any transaction that was not conswnmated. The fees for said transaction shall be credited to the Client during the next invoice period. 6.0 Term of A2reement: This Agreement shall commence on the date it is signed by the second party to do so and will continue for a period of twelve months unless otherwise terminated as provided herein. This Agreement shall be automatically extended for additional one-year periods, unless either party notifies the other in writing of its intent not to renew at least sixty days prior to the anniversary date. Either party may request a re- negotiation of the terms hereof during a period sixty days prior to the anniversary date of this Agreement. 7.0 Ri2ht to Sell and Content: Client will only post items to the GovDeals auction site that the Client has the legal right to sell or dispose of to qualified buyers. Any information posted will be accurate to the best of Client's ability and not contain anything of a pornographic or objectionable nature. Client agrees to only use links to digital pictures of associated assets as provided for in the GovDeals software, and will not create links to any other site, text or other information without the written consent of GovDeals. GovOeals Sellers Agreement -Version 061101-01 Page 2 Copyright 2001, GovDcals, Inc. . . . 270 8.0 Online Sales - Terms and Conditions: Attached hereto as Exhibit B are model Online Sales - Terms and Conditions for use by client. Unless or until the Client provides their own Terms and Conditions for posting to the GovDeals.com Auction Site, GovDeals will use the model Terms and Conditions for all items sold by the Client. At any time during the term of this Agreement, Client may substitute their own Terms and Conditions, or modify the model Terms and Conditions. Said substitution or modification must be submitted to GovDeals in writing for posting to the GovDeals auction site. The Terms and Conditions posted to the GovDeals auction site shall not modify, amend or affect the provisions of this Agreement 9.0 Information and Security: 9.1 Client agrees to submit complete and accurate information, including descriptions that are sufficiently detailed for potential buyers to make reasonably informed decisions, the physical location of the asset, and any special terms that apply to the sale. 9.2 Client grants GovDeals a non-exclusive, non-transferable, irrevocable, and royalty- free right to exercise any copyright or publicity rights Client may have in the information it posts to the GovDeals server(s). GovDeals agrees to use this information only for its intended purpose in support of this Agreement. 9.3 Client understands that GovDeals is not responsible for the accuracy of information provided to it by seller(s) and/or buyer(s). GovDeals will use reasonable efforts to protect information that is on its web site from inappropriate use and loss. 10.0 Interference: Client will not use any programs, routines, or applications in connection with GovDeals that will interfere with the operation of the software or site. Specifically, the Client will only communicate with the Client Asset Server by using software and applications that GovDeals provides or specifically approves in writing. 11.0 Proprietary Intellectual Property Exclusivity and Confidentiality: The proprietary Internet-based auction system, environment, and components (collectively, the "System") provided by GovDeals under this Agreement are, and will remain, the exclusive property of GovDeaIs. GovDeaIs retains and reserves all rights to the proprietary intellectual property, including, but not limited to, all copyrights and trademarks of and to the System. GovDeals is providing the Client hereunder with a license for said System solely for its own use. Client may not subcontract, sell, lease, transfer, assign or otherwise share said System with any third party. Client acknowledges that the System constitutes the proprietary and confidential property of GovDeals and agrees not to directly or indirectly use, employ, divulge, disclose, transfer, or communicate to any person, firm, corporation or other entity, in any manner whatsoever, any of the System or documentation/information provided by GovDeals. In the event of termination of this Agreement, Client shall promptly return to GovDeals or at the option of GovDeals destroy, all documentation/information regarding the System. GovDeals Sellers Agreement -Version 061101-01 Page 3 Copyright 2001, Go\'Dcals, Inc. . . . 271 ." Client agrees that any breach of the terms of this paragraph shall cause irreparable damage to GovDeals, entitling GovDeals to immediate injunctive relief. Any right to injunction shall be cwnulative and in addition to whatever remedies GovDeals may at law or in equity have to protect its respective rights. 12.0 Warranty Disclaimer: GovDeals does not warrant error-free or uninterrupted use of the GovDeals service. The GovDeals web sites, services, software and applications are provided without warranty, express or implied, including, but not limited to, any implied warranties for merchantability or fitness for a particular purpose. GovDeals, its directors, officers, employees, agents and/or affiliates shall not be liable for any loss of profit and/or any direct, indirect, special, incidental or consequential damages resulting from the services offered herein. 13.0 Tennination: Either party may terminate this Agreement at any time by giving the other party sixty (60) days written notice. Upon termination of this Agreement, the Client is obligated to: . 13.1 Pay GovDeals any fees that are due; 13.2 Withdraw all assets from auction; 13.3 Discontinue using any software or applications provided by GovDeals; and 13.4 Return to GovDeals any system infonnation or documentation. 14.0 Independent Contractor: Each party will be and act as an independent contractor and not as an agent or partner of the other party. Neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party hereto. 15.0 Compliance with Law: Both parties agree to comply with any applicable federal, state and local laws and regulations. 16.0 Notices: All notices, requests, demands and other communications required or permitted to be made hereunder shall be in writing and shall be delivered personally or sent by express delivery service or by certified mail. Notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. 17.0 Amendments: No modification or amendment of this Agreement or waiver of any provision of this Agreement shall be valid unless in writing and signed by both parties. The failure by any party to exercise any right provided for herein shall not be deemed a waiver of that or any other right or option. 18.0 Assif!nment: Neither this Agreement, nor any duties or obligations under this Agreement, may be assigned by either party without the prior written consent ofthe other party. 19.0 Third Party Beneficiary: The parties specifically intend and agree that no one other than GovDeals Sellers Agreement -Version 061101-01 Page 4 Copyright 2001, GovDcals, Inc. 272 . ,- the parties to this Agreement is or shall be deemed to be a third party beneficiary of any of the rights or obligations set forth in this Agreement. 20.0 HeadiDl~s: The headings contained in this Agreement are for reference purposes only and shall not in any way affect the interpretation, construction or enforcement of this Agreement. 21.0 Severability: If any provision ofthis Agreement is deemed or determined to be unenforceable or invalid, such finding or determination shall not affect the validity or enforceability of any other provision of this Agreement. 22.0 Governance: This Agreement will be governed, interpreted, construed and enforced in accordance with the laws of the State of North Carolina. 23.0 Counterparts: This Agreement may be executed in two or more counterparts, each of which after execution and delivery shall be deemed an original, but all of which shall constitute one and the same instrument. 24.0 Non-Exclusive En2a2ement: This Agreement is not exclusive. The Client may utilize other disposal approaches, including traditional auctioneer services and sealed bids in addition to GovDeals services. However, it is understood and agreed that the Client will not simultaneously list items with other disposal approaches and GovDeals. . 25.0 Entire A2reement: This Agreement represents the entire understanding between the parties with respect to its subject matter. . GovOeals Sellers Agreement -Version 061101-01 Page 5 Copyright 2001, GovDcals, Inc. . THE ABOVE AGREEMENT IS ACCEPTED AND AGREED TO. . . GovDeals: By: Name: Michael K. Underwood Title: President Date: Primary Contact Person: Name: Robert L. Bowen Title: Vice President, Business Development Telephone Number: (800) 613-0156 (x-149) Fax. Number: (334) 277-0557 e-mail: rbowen@govdeals.com Town of HiUsboroueh: By: 273 Name: Eric Peterson 'title: Town Manager Date: Primary Contact Person: Name: John Cook Title: Director, Town Motor Pool Telephone Number: (919) 732-1270 Fax. Number: (919) 644-2390 e-mail: iohncookS9@earthlink.net GovDeals Sellers Agreement -Version 061101-01 Copyright 2001, Go\'Ocals, Inc. Page I . . . 274 GovDeals Sellers Agreement Exhibit A - System Environment Description Overview: GovDeals uses three basic proprietary software servers to support the full range of business activities required to manage the asset auction process; the Enterprise Business Server, the Client Asset Server, and the Enterprise Auction Server. These proprietary servers are written in readily available programming languages and operate within an Internet environment comprised of proven applications. The use of proven technologies greatly reduces the risk of unanticipated problems. The functionality of each GovDeals server is presented below. GovDeals reserves the right to modifY the described functionality at its sole discretion: Enterprise Business Server ("EBS"): The EBS is used by GovDeals to manage Client accounts and invoicing. This server is within our offices and contains all Client infonnation including contact infonnation, billing rates, and other client-specific data. This server performs the following functions on an on-going basis: . Accepts the initial entry of Client infonnation based upon terms of our contract and provides for the maintenance of these data; . Receives auction results from the Enterprise Auction Server and establishes an invoice history record for each of these transactions; . Communicates with the Client Asset Server to accept requests for credits from clients and stores a memo in the invoice history; and . Produces invoice reports to support billing activities. Client Asset Server ("CAS"): The CAS is the Client's primary interface with the asset management and auction processes. The CAS supports the following critical functions: . Allows the Client Administrator to set up additional users, specifYing the activities they are allowed to perform based upon a user level; . Pennits the Client Administrator and other authorized users to maintain asset user information; . Accepts asset infonnation that: Describes the asset and it's condition; Specifies various auction phases the asset will move through; Stipulates restrictions for each phase as to whom can buy the asset; and Provides an Internet address to an image of the asset. . Records and reports asset status based upon input from the Client and activities on the Enterprise Auction Server. This includes the ability for the Client to enter an asset in a "Hold for Redistribution" status and to remove an item from auction; . Accepts requests for credits and communicates these requests to the Enterprise Business Server; and GovDeals Sellers Agreement - Exhibit A - Version 061101-01 Page 1 Copyright 2001, GovDcals, Inc. . . . 275 . Allows the Client to maintain an electronic table of Communities to which transfer of an asset may be restricted during various auction phases. Enterprise Auction Server ("EAS"): The Enterprise Auction Server is the GovDeals component that is visible to the buyers. In addition to standard auction capabilities, it provides functionality specifically designed to facilitate and enhance the auction of assets by governments. This includes the ability to: . Accept profile information from potential buyers, such as: Contact information to facilitate contacting the buyer concerning GovDeals related activities; Identification of special Communities to which the buyer belongs to support restricted bidding; and Categories of assets that are of particular interest to the buyer. . Process automated bids ("proxy bidding service") that allow a potential buyer to participate in the bid process without having to sign in to place each bid; . Notify registered bidders of significant events, which include: Items of particular interest becoming available for auction (optional); Being out bid on an item (optional); Assets that the buyer has bid upon being withdrawn from auction; and Having the winning bid. . Produce and forward matching award certificates to the successful buyer and the appropriate seller to be used for validation and asset transfers; . Accomplish two-way communication with the appropriate Client Asset Server to receive assets and update auction status information. GovDeals Sellers Agreement - Exhibit A - Version 061101-01 Page 2 Copyright 2001, GovDcals, Inc. 0/. . . 276 GovDeals Sellers Agreement Exhibit B - Online Sales - Terms and Conditions Town of Hills' ~C,>. h Since 1"4 g HiIIsborough, North Carolina Online Sales - Terms and Conditions All bidders and other participants of this auction agree that they have read and fully understand these terms and agree to be bound thereby. Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified. Guaranty Waiver. All property is offered for sale "AS IS, WHERE IS." Town of Hillsborough (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential. Description Warranty. Seller warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of Town of Hillsborough shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final. Personal and property risk. Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the Seller and GovDeals from liability therefore. Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to biddinQ. Bidders must adhere to the GovDeals Sellers Agreement - Exhibit B - Version 061101-01 Page 1 Copyright 2001, GovDcals, Inc. . . . 277 inspection dates and times indicated in the item description. Please contact John Cook, Director, Town Motor Pool (919) 732-1270 office - (919) 644-2390 fax or e-mail: iohncook59@earthlink.net. Consideration of Bid. Town of Hillsborough reserves the right to reject any and all bids and to withdraw from sale any of the items listed. Buyers Certificate. Successful bidders will receive a Buyer's Certificate by email from GovDeals. Payment. Payment in full is due not later than 5 business days from the time and date of the Buyer's Certificate. Acceptable forms of payment are: . Cash (U.S. currency) . Certified Check . Money Order . Traveler's Checks . Company Check (with Bank letter guaranteeing payment - mandatory) Checks shall be made payable to: Town of Hillsborough. Payments shall be made at the location listed in the Buyer's Certificate. Removal. All items must be removed within 10 business days from the time and date of issuance of the Buyer's Certificate. Purchases will be released onlv upon receipt of payment as specified. Successful bidders are responsible for loading and removal and any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer's Certificate. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Town of Hillsborough assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8:00a.m. and 3:00p.m. ,Monday through Friday, excluding legal holidays. For additional information, please contact John Cook, Director, Town Motor Pool (919) 732-1270 office - (919) 644-2390 fax or e-mail: johncook59@earthlink.net. Vehicle Titles. Seller will issue a title or certificate upon receipt of payment. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Town of HiIIsborough will not issue replacement titles. Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all items within the specified time. Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law. Seller reserves the riQht to reclaim and resell all items not removed by Buyer thirty (30) days from the expiration of specified removal date. State/Local Sales and/or Use Tax. Buyers may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting the appropriate tax office, completing any forms, and paying any taxes that may be imposed. Sales to Employees. Employees of the Town of Hillsborough may bid on the property of GovDeals Sellers Agreement - Exhibit B - Version 061101-01 Page 2 Copyright 2001, GovDcals, Inc. . . . the fown of HiIIsborough. provided that they do not bid while on duty. GovOeals Sellers Agreement - Exhibit B - Version 061101-01 Copyright 2001, GovDcals, Inc. Page 3 278 . 279 AGREEMENT BETWEEN THE TRIANGLE AREA WATER SUPPLY MONITORING PROJECT STEERING COMMITTEE AND TRIANGLE J COUNCIL OF GOVERNMENTS REGARDING THE OVERALL MANAGEMENT OF THE WATER QUALITY MONITORING PROJECT This Agreement is entered into this 9th day of August, 1988 by and between the Triangle Area Water Supply Monitoring Project Steering Committee, herein called the Committee, and the Triangle J Council of Governments, herein called the Managing Agent. WHEREAS, the County of Chatham, the County of Orange, and the municipalities of Apex, Carrboro, Cary, Chapel Hill, Durham, Hillsborough, Pittsboro, Raleigh, Sanford, and Smithfield have enter~d into an Interlocal Agreement dated August 8, 1988 for the purpose of operating a water quality monitoring project for the Region J surface water supplies, herein called the Project; and WHEREAS, those counties an municipalities have created a Steering Committee empowered to enter into contracts and agreements for carrying out the project; and WHEREAS, the Committee desires to engage the Managing Agent to render certain technical and administrative oversight services; . NOW, THEREFORE, BE IT RESOLVED, that the Committee and Managing Agent hereby mutually agree as follows: . Section 1. Purpose The purpose of this Agreement is to provide for the overall administration of the Project. Section 2. Scope of Services The Managing Agent shall, in a satisfactory manner as determined by the Committee, perform the tasks necessary for overall Project administration. The Managing Agent will act on the Committee's behalf in all of the Committee's contractual agreements. The general procedure that will be followed will be one of day to day management and oversight of the Project by the Managing Agent, performed within the context of regular consultation with Committee members and other technical advisors and contractors to the Project. The Managing Agent agrees to provide the services hereinafter set forth: A. Coordination of sample collection, analysis and data reporting activities among the Project's technical contractors and the North Carolina Department of Natural Resources and Community Development; B. Day to day oversight of the Project's technical contracts, ensuring that objectives are achieved and milestones are met according to contract specifications; . . . 280 C. Maintenance of the Project's financial records and other bookkeeping activities, including the collection of local funds committed to the Project and payment of contractors; D. Maintenance of records to insure compliance with all applicable State statutes and other rules of fiscal control applicable to local government units; E. Staff support to the Project Steering Committee, including meeting room facilities, announcements and minutes; F. Periodic written and verbal reports of progress toward the Project's overall objectives, as stated in Attachment A of the August 8, 1988 Interlocal Agreement; G. Liaison between the Committee and its technical consultants regarding any modifications that may be needed to better meet those objectives; and H. Other staff support services to assist the Committee in its primary charge of overseeing the Project's timely execution and insuring the responsible expenditure of public funds. Section 3. Access to Records The Managing Agent shall maintain all official Project records and documents during the Project. The Committee shall have access to any books, documents, papers and records of the Managing Agent which are pertinent to the execution of this Agreement, for the purpose of making audits, examinations, excerpts and transcriptions. Section 4. Interest Earned on Committee Revenues The Managing Agent shall place the interest earned on the revenues received from August 9, 1988 till the end of the Project into a deferred revenue account. This account shall offset expenses in the final year of the Project or shall be applied to unforeseen Project expenses, as determined by the Committee. Section 5. Suspension or Termination Either party may suspend or terminate this Agreement upon 60 days written notice in whole or in part for cause. Cause shall include the following: A. Ineffective or improper use of funds; B. Failure to comply with the terms and conditions of this Agreement; and C. If for any reason the carrying out of this Agreement is rendered impossible or infeasible. If the Committee withholds payment, it shall advise the Managing Agent and specify in writing the actions that must be taken and a reasonable date for compliance as a condition precedent to the resumption of payments. If the Committee or the Managing Agent intends to suspend this Agreement, it shall advise the other party and specify in writing the actions that must be taken and a reasonable date of compliance in order to avoid suspension of the Agreement. . . . 281 STATE OF NORTH CAROLINA COUNTY OF CHATHAM COUNTY OF DURHAM COUNTY OF ORANGE COUNTY OF WAKE AMENDMENTTOINTERLOCALAGREEMENT THIS AGREEMENT is made and entered into by and between the County of Chatham, the County of Orange, the County of'Wake, the Town of Apex, the Town of Cary, the City of Durham, the Town of Hillsborough, the Town of Monisville and the Orange Water and Sewer Authority, to be effective from and after July 1,2003. WITNESSETH: WHEREAS, on August 18, 1988, several local governments in Region J, induding the County of Chatham, the County of Orange, the Town of Apex, the Town of Carrboro, the Town of Cary, the Town of Chapel Hill, the City of Durham, and the Town of Hillsborough, entered into an interlocal agreement to establish the Triangle Area Water Supply Water Quality Monitoring Project (the "Monitoring Project") applicable to certain surface water supplies in Region J; and WHREREAS, the County of Wake and the Town of Monisville have agreed to enter into the same interlocal agreement to continue the Monitoring Project; and WHEREAS, the Orange Water and Sewer Authority has agreed to enter into the same interlocal agreement on behalf of the Town of Chapel Hill and the Town of Carrboro to continue the Monitoring Project; and WHEREAS, the Monitoring Project was initially established for a three-year period, and said interlocal agreement was subsequently amended to extend the Monitoring Project for Phase II through June 30, 1991, for Phase III through June 30,1999, and for Phase IV through June 30, 2003; and WHEREAS, water quality monitoring activities during Phases I through IV have been funded through local contributions and a major cost share match through a Joint Funding Agreement with the U.S. Geological Survey; and WHEREAS, the primary objectives of the Monitoring Project are to: (a) supplement existing data on major ions, nutrients, and trace elements to enable determination of long-term water quality trends; (b) examine the differences in water quality among water supplies within the region, especially differences among smaller upland sources, large multi-purpose reservoirs, and run-of-river supplies; (c) provide tributary loading data and in-lake data for predictive modeling; (d) establish a database for the presence or absence of synthetic organic compounds in surface waters in the region; and (e) report results of the monitoring program to governmental officials, the scientific community, and the general public; and . . . 282 WHEREAS, the Monitoring Project will complete its Phase IV monitoring program on June 30, 2003; and WHEREAS, the local governments participating in the project established a Monitoring Project Steering Committee to make technical, financial, and administrative recommendations to the participating local entities; and WHEREAS, said Committee has determined that additional monitoring is needed and desirable to meet the objectives of measuring water quality conditions and long-term trends in water quality. NOW, THEREFORE, the undersigned units of local government have agreed: 1. That the term of the Interlocal Agreement dated August 8, 1988 and amended July 1, 1991, July 1, 1995, and July 1, 1999, under which they have operated the Monitoring Project for certain water supplies in Region J, shall be and is hereby extended until the completion of the project or June 30, 2007, whichever is earlier, and that the terms and cOl)ditions thereof, and the duties and obligations of the parties thereunder, shall be and remain as set out in the Interlocal Agreement as amended July 1, 1999, except as hereby specifically modified. 2. That the activities of the Monitoring Project continue to be guided by the goals and objectives summarized above. 3. That the monitoring program continue as summarized in Attachment A, "Summary of T A WSMP Work Program for Phase V: FY 2004 - FY 2007." 4. That the annual funding support provided by local participants for Fiscal Years 2004 through 2007 shall be as shown on Attachment B to this Amendment, or as otherwise necessary to undertake the project as recommended by the Project Steering Committee, provided, however, the funding level does not exceed the local participants' projected share of annual costs for FY 2004-7. ATIEST: Charles Home, County Manager Chatham County ATIEST: John M. Link, Jr., County Manager Orange County A TIEST: David C. Cooke, County Manager Wake County . - , Keith H. Weatherly, Mayor Town of Apex William B. Coleman, Jr., Town Manager Town of Cary Marcia Conner, City Manager City of Durham Eric Peterson, Town Manager Town of Hillsborough John Whitson, Town Manager Town of Morrisville Ed Kerwin, Executive Director Orange Water and Sewer Authority A TrEST: A TrEST: A TrEST: A TrEST: A TrEST: A TrEST: 283 This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Sherry Carter, Finance Director Town of Hills borough . . , 284 ATTACHMENT A SUMMARY OF TA WSMP WORK PROGRAM FOR PHASE V: FY 2004 - FY 2007 Since it began in 1988, the Triangle Area Water Supply Monitoring Project has made significant progress towards the goals and objectives originally established for the project. Through the project, participating local governments have worked together to establish a stronger base of information upon which to determine long-term changes in water quality. The project has also increased our understanding about the presence or absence of synthetic organic chemicals in the Triangle Region's drinking water supply sources. This data is important to local and state agencies responsible for the provision and protection of drinking water supplies. The Triangle Area Water Supply Monitoring Project Steering Committee, which is composed of representatives from each participating local government, recommends that this cooperative monitoring project continue. The Steering Committee recommends the following: 1. that water quality monitoring be continued at the sites and frequencies, and for the parameters listed on Table 1 of the Triangle Area Water Supply Monitoring Project Proposal for Phase V (see Attachment C); 2. that stream flow gaging be continued at the sites also shown on Table 1 (see Attachment C); 3. that data collection at existing tributary sites be increased during high-flow event; and 4. that the presence of emerging water-quality contaminants such as pharmaceutical compounds and antibiotics be determined at 7 sites near water-supply intakes as shown on Table 1 (see Attachment C). 5. that a report be published that includes analysis of water-quality trends for data collected through 2005. During Phase V, the Steering Committee will work with the U.S. Geological Survey to increase public awareness and understanding of the Project and the quality of water-supply sources in the region through periodic progress reports, press releases, presentations, and by maintaining a Project web site. . . , 285 A IT ACHMENT B T A WSMP ANNUAL COST SHARES FOR PHASE V: FY 2004 - FY 2007 The annual cost for Phase V of the Triangle Area Water Supply Monitoring Project is $340,000. The US Geological Survey will provide a fifty percent cost share match of $170,000. The Monitoring Project Partners' total annual cost for Phase V is the remaining $170,000, plus $12,000 for TJCOG services and support. The Monitoring Project Partners' individual annual cost shares are the sum of a base rate and a variable rate. The base rate is thirty percent of the total annual Monitoring Project Partners' cost, which is thirty percent of $182,000, divided equally among the Monitoring Project Partners. The variable rate is seventy percent of the total annual Monitoring Project Partners' cost, which is seventy percent of $182,000, multiplied by each Monitoring Project Partners' percentage of the total average annual water use during Calendar Year 2001 for all Monitoring Project Partners. Average Annual Share of Total Variable Rate Base Rate Phase V Annual Daily Water Use Water Use Cost Share Cost Share Cost Share Project Partners (mgd) 1 Apex 2.14 3.9% $ 4,963 $ 6,067 $11,030 Cary 10.51 19.1% $ 24,376 $ 6,067 $30,442 Chatham County 1.040 1.9% $ 2,411 $ 6,067 $8,478 Durham 28.71 52.3% $ 66,587 $ 6,067 $72,653 Hillsborough 1.23 2.2% $ 2,853 $ 6,067 $8,919 Morrisville 1.20 2.2% $ 2,783 $ 6,067 $8,850 Orange County 2 0.35 0.6% $ 814 $ 6,067 $6,881 Orange Water and Sewer Authority 9.44 17.2% $ 21,894 $ 6,067 $27,961 Wake Countv 0.31 0.6% $ 719 $ 6067 $6.786 I Total 54.931 100.0% $ 127 400 $ 54,600 $182000 Notes: 1. Average Annual Daily Water Use = Average Annual Daily Water Use - System Processes - Sales to Other Systems. The data are for CY 2001 and reported by the Partners. 2. Orange County's Average Annual Daily Water Use is based on the percentage of the Orange-Alamance Water System service area located within Orange County, as indicated in their 1997 Local Water Supply Plan. . . , 286 ATTACHMENTC TABLE 1 - WATER QUALITY SAMPLING SITES AND CONSTITUENTS Table 1. -Water-quality sampling sites and constituents. No. sam les per year Near a Stream- Major USGS Sampled supply flow Ions, Chi a Trace number Site Name by Intake gage nutrients (lakes) metals 02085000 Eno River nr HiIlsborough, NC USGS yes yes 6 u 2 DWQ 02085070 Eno River near Durham, NC USGS1 -- yes -- u -- Little River at SR 1461 near DWQ 0208521324 Orange Factory. NC USGS' -- yes -- -- -- Litlle River Reservoir at Dam 0208524845 near Bahama, NC USGS yes nla 4 4 2 DWQ 02085500 Flat River at Bahama, NC USGS' -- yes -- -- -- Lake Michie at Dam near 02086490 Bahama, NC USGS yes nla 4 4 2 Cane Creek near Orange Grove, 02096846 NC USGS -- yes 6 u 2 Cane Cr Reservoir at Dam nr 0209684980 White Cross, NC USGS ves nla 4 4 2 DWQ 02096960 Haw River near Bynum NC USGS I -- COE -- -- -- Jordan Lake, Haw River Arm ab 0209719700 B.Everett Jordan dam, NC USGS u nla 4 4 2 New Hope Creek near Blands, DWQ 02097314 NC USGS1 -- yes -- -- -- Northeast Creek at Sr 1100 nr DWQ 0209741955 Genlee, NC USGS' -- yes -- -- -- Morgan Creek near White Cross, 02097464 NC USGS -- yes 6 -- 2 University Lake at Intakes nr 0209749990 Chapel Hill, NC USGS yes nla 4 4 2 DWQ 02097521 Morgan Creek nr Farrington, NC USGS1 -- yes2 -- -- -- Jordan Lake at Buoy 12 at 0209768310 Farrington, NC USGS -- nla 4 4 2 White Oak Cr at Green Level. 0209782520 NCI USGS -- yes 6 -- 2 Jordan Lake above U.S. Highway 0209799150 64 near Wilson vi lie, NC USGS yes nla 4 4 2 Jordan Lake at Bells Landing near 0209801100 Griffins Crossroads, NC USGS ves nla 4 4 2 Haw R Below B. Everett Jordan 02098198 Dam nr Moncure, NC' USGS1 -- n03 -- -- -- 0210140200 Deep River at Carbonton, NC DWQ -- yesZ -- -- -- I USGS storm-runoff sIte 2 Discharge from a nearby gage 3 Discharge is sum of two gaged upstream sources