HomeMy Public PortalAbout09-27-2004 Workshop Session
358
Minutes
September 27, 2004 Workshop
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Minutes Approved: October 11, 2004
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MINUTES
Board of Commissioners Monthly Workshop
September 27,2004 -7:30 p.m.
Town Barn
The Hillsborough Town Board held a monthly Workshop on September 27, 2004 at 7:30 PM in the
Hillsborough Town Barn. Present for the Workshop were Mayor Joe Phelps, and Commissioners Eric
Hallman, Michael Gering, Brian Lowen, and Evelyn Lloyd. Absent from the meeting was Commissioner
Frances Dancy. Staff present were Town Manager Eric Peterson, Assistant Town ManagerlPublic Works
Director Demetric Potts, Town Clerk Donna Armbrister, Finance Director Greg Siler, Planning Director
Margaret Hauth, and Town Attorney Bob Hornik.
1. Open the Workshop (7:30)
7:29:40 PM
Mayor Joe Phelps called the Workshop to order at 7:30 PM.
. 2. Agenda Changes & Agenda Approval (7:30 - 7:35)
7:29:47 PM
By consensus, the Board added the consideration of a Change Order Request for Bridge No. 67241
On Exchange Park Lane as Item 6.A. and added discussion of a Personnel Issue to the Closed Session
Agenda.
3. Consideration of a Preliminary Subdivision Plan for Willowbend to Create 161018 on Public Road off
NC 57, Across from the Entrance to Cameron Estates (7:35 -7:50)
7:33:12 PM
Planning Director Margaret Hauth presented the Preliminary Subdivision Plan under the cluster
provisions to build 161018 on a public road for the Board's consideration. She reported that the Parks and
Recreation Board unanimously recommended the installation of the walking trail along the perimeter of
the site to create a loop walk including an easement out to NC86 to facilitate a future connection to
sidewalks. The Planning Board unanimously recommended approval of the subdivision, with the
recreation change and detailed utility plans.
After some discussion, and upon a motion by Commissioner Hallman, seconded by Commissioner
Lowen, the Board moved to approve the subdivision plan with the condition that the utility easement be
placed on the map at a location mutually agreed upon by the developer and the Town Engineer by a vote
. of 4-0. The motion was declared passed.
3. Meeting with Orange Rural Fire Department Board (7:50 - 9:15)
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Minutes Approved: October 11, 2004
a) Presentation from ORFD Board on History and Type of Service Provided to the Town
b) Discussion of Expected Repairs/Costs to the Existing Fire Station
c) Long-term Service Goals and Relationship Between ORFD & the Town
d) Other
7:42:46 PM
There were introductions of the Orange Rural Fire District Board and the Fire Chief.
7:44:34 PM
Todd Riley - presented a brief history of the Orange Rural Fire Department and discussed the
services provided. He reported that the Orange Rural Fire Department can trace its roots to the
town fire department that was started in 2936 with a federal grant to the Town for a water
distribution system and purchase of a fire truck. At that time, there was no protection in the
unincorporated areas of Orange County. In the early years the "Hillsborough" fire truck was used
to fight fires throughout the northern part of the county. As the area began to grow, the volunteers
saw a need for additional fire protection and a dedicated truck for the rural area. In 1951 they
purchased a chassis and built the first rural fire truck in the county. In the early 70's it became
evident that more equipment would be needed to service the increasing population. The Central
Orange Fire District was created by an act of the NC legislature and the Board of Directors for the
Orange Rural Fire Department was given taxing authority up to 15 centsll 00 of evaluation. The
Orange Rural Fire Department and the Hillsborough Fire Department operated in tandem, sharing
the volunteers and equipment resources for many years. This was a complicated arrangement that
required the management of two budgets and duplication of efforts in several areas. The Orange
Rural Fire Department was approached by the Town in the late 90's about providing fire
protection under a contract arrangement. The stated purpose at the time was to eliminate duplicate
efforts and to provide the Town with a fixed cost for protection that would shield them from
unexpected non-budgeted expenditures. The Orange rural Fire Department agreed to provide fire
protection as requested. The fee for service is calculated using actual cost (no margin) taking into
consideration the equipment provided by the Town (the Fire Station Building and 1 Pumper) and
the needed equipment to provide an ISO level 5 protection rating.
He reported that the Orange Rural Fire Department is a non-profit 501c3 corporation. The
structure of the Board and the responsibilities of its members are governed by the bylaws of the
corporation. A nine person board governs the corporation. Eight of those members are elected to
staggered two year terms by the "members" of the district. Any person owning taxable property
within the district and paying fire tax is eligible to vote. There is also a board member elected to a
yearly term by the volunteers. The annual meeting is held in June of each year. The Board of
Directors has a President, Vice-President, Secretary and Treasurer. Officers are elected annually
by a vote of the Board of Directors at the first meeting following the annual meeting. The Board
of Directors controls all fiscal management. The chief controls the operational side with guidance
from the Board. The Orange Rural Fire Department reports all financial transactions to the county
as required.
In addition to fire protection services, the Orange Rural Fire District also provides first
responder services to the Town of Hillsborough. The first responder program was started by the
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county several years ago to supplement the services of the county provided EMS in the rural areas.
Due to the Fire Station's proximity to the EMS Station on South Churton Street, we were one of
the last department to adopt the program. County funding did not keep pace with growth and
demand for services. This led to increased response times throughout the town and rural district.
The Orange Rural Fire District recognized this trend and decided to adopt the program to give the
citizens in our service area better response times using our existing paid staff. While not free, the
cost is minimal and positive results have been seen.
Sam Hobgood - reported the Department's status as being 2nd to Chapel Hill in call volume.
The Department currently has 20 volunteer fire fighters, and 12 paid fire fighters. The Assistant
Fire Chief is also a Certified Fire Investigator. The Department has one paid administrative staff
person.
Alois Callemyn - discussed the future of the Department. He stated that planning for the
future is imperative. It will be hard to predict what the Town's fire protection needs will be in the
upcoming future. He reported that Orange Rural has spent over 3,300 volunteer hours much of the
labor needed on a building owned by the Town. This has more than doubled the value that the
Town could have gotten by hiring a contractor to do the repairs. The repairs to-date have
addressed most of the items on the list of needs that were presented to the Town Board at you
September 13th, 2004 meeting. The $9,000 approved that night has allowed Orange Rural to move
ahead with two pressing needs. At this time, we are requesting that the remaining $31,000 be paid
over the next three quarters of the Budget Year. Orange Rural Fire District will not be requesting
additional monies for building repairs outside of next year's budget. As in the past, there will be
ongoing maintenance costs in our budget and any unexpected issues that may arise will be brought
to the Town's attention before any action is taken. As the Town continues to grow, Orange Rural
Fire District will not be able to cover everyone's needs from one centraIlocation. Future growth
patterns will dictate the needs and location for any additional fire stations.
9:17:26 PM
Mayor Phelps suggested that the request list submitted by the Orange Rural Fire District at the
September meeting be added to the October Agenda for consideration and that the Town proceed with the
next quarters allocation.
4. Consider Approval of Receptacle Riser Bids and Installation Contract for Christmas Decorations
(9:20 - 9:25)
9:29:05 PM
Assistant Town ManagerlPublic Works Director Demetric Potts reported that in 2001 the Town was
informed that our existing connections to the Duke Power distribution lines were not in compliance with
the current electrical code and they were to be removed at the end of that Holiday Season. We were
informed that the current electrical code required that the connection to Duke Power distribution lines be a
metered system and it was estimated that this type of system could cost up to $50,000 to install for the
. forty (40) decorations that the Town owns. As a result, the Town has not been connected to the Duke
Power distribution lines since that time.
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Minutes Approved: October 11, 2004
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. Assistant Town ManagerlPublic Works Director Potts informed the Board that on September 20th the
Town held a bid opening for the installation of forty (40) Receptacle Risers with 24 hour timers to certain
poles of Duke Power distribution lines. The Town received three (3) bids: Mike Fults Electrical
Contracting in the amount of $15,430, Alamance Electrical Supply Co., Inc. in the amount of $16,500,
and Thompson Electrical Controls in the amount of $20,600. The Board of Commissioners budgeted
$35,000 for this project for Fiscal Year 2005.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Lowen, the Board moved to
award the Receptacle Riser Bids and Installation Contract for Christmas Decorations to Mike Fults
Electrical Contracting of Roxboro in the amount of $15,430 as presented by a vote of 4-0. The motion
was declared passed. A copy of the Bid Tabulation and the Installation Contract are hereby incorporated
by reference and made a part of these official Minutes as an Attachment.
5. Consider Approval of Street Resurfacing Bids for FY05 (9:25 - 9:30)
9:37:00 PM
Assistant Town ManagerlPublic Works Director Potts reported that the Public Works staff have
identified the following streets for resurfacing in Fiscal Year 2005: Cedar Street (Cedar Grove Road to
McAdams); Raynor Street (Barracks Road to Murray Street); Jones Avenue (W. King Street to Eno
Street); N. Occoneechee (W. Queen Street to W. Union Street); Lakeshore Drive (W. King Street to
Latimer Street); Elizabeth Brady Road (1005 ft section midway of street).
. The Town received the following bids for the resurfacing project: Central Paving in the amount of
$68,067.20 and APAC-Atlantic Thompson-Arthur Division in the amount of $77,000. The Board of
Commissioners budgeted $55,000 for street resurfacing for Fiscal Year 2005. Potential options for the
Board's consideration are: 1) approve the street resurfacing in the amount of $68,967.20 or 2) Remove
Elizabeth Brady Road from the 2005 resurfacing list for a reduction of $15,463.70 which would recduce
the cost of resurfacing to $53,512.50 for FY 2005.
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to
award the Street Resurfacing Bid to Central Paving and authorized the removal of Elizabeth Brady Road
from the resurfacing list for 2005 by a vote of 4-0. The motion was declared passed. A copy of the Bid
Tabulation and Street Resurfacing Contract are hereby incorporated by reference and made a part of these
official Minutes as an Attachment.
9:45:44 PM
ADDED ITEM: Change Order Request on Bridge No. 67241 On Exchange Park Lane
Assistant Town ManagerlPublic Works Director Potts presented the Change Order for the Board's
consideration explaining that the additional work will increase the contract price in the amount of $5,300
and approve a three (3) day time extension to October 14,2004 for the completion of the project.
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By consensus, the Board directed staff to notify area residents regarding the work extension.
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September 27, 2004 Workshop
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Minutes Approved: October 11, 2004
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. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to
approve the Change Order Request on Bridge No. 67241 On Exchange Park Lane as presented by a vote
of 4-0. The motion was declared passed. A copy of the Change Order is hereby incorporated by
reference and made a part of these official Minutes as an Attachment.
6. Open Board Discussion, Updates, Committee Reports (9:30 - 9:40)
9:50:40 PM
Commissioner Hallman reported that he has a copy of the 2030 Long Range Transportation Plan by
the Transportation Advisory Committee (T AC) if anyone would like to read it.
9:52:43 PM
Commissioner Hallman reported that the Parks and Recreation Board has received the plans for the
Gold Park underpass and are proceeding with taking that to the Railroad for their approval. They are also
beginning to discuss a comprehensive trails program.
9:53:14 PM
Commissioner Gering reported on the Library Services Task Force. He stated they are looking at the
possibility of moving the library from downtown Hillsborough and are considering a site in Waterstone.
He reported that he had requested they reconsider moving the library from downtown.
. Town Attorney Bob Hornik pointed out that a Special Use permit will need to be approved by the
Town Board for all facilities in Waterstone, including a library.
10:03:49 PM
Commissioners Lloyd and Lowen reported that the 250th Anniversary Committee will be holding a
parade on Sunday, April 10, 2005 which will conclude the 250th celebration.
7. Note of Assembly of Governments Meeting on Wednesday, September 29th (9:40 - 9:45)
10:07:11 PM
Mayor Phelps reminded the Board of the Assembly of Government Meeting.
Assistant Town ManagerlPublic Works Director Demetric Potts informed the Board that Planning
Director Margaret Hauth is planning to attend the Assembly of Governments Meeting.
Commissioner Lowen also volunteered to attend.
10:10:21 PM
Town Manager Eric Peterson informed the Board that he had received today information regarding the
Fairview Park and Motor Pool Land. He said he would be forwarding the information to the Board in the
next day or two.
. 8. Closed Session to Discuss Legal Matter: Robbins v. Town of Hillsborough (9:45 - 9:55)
ADDED ITEM: Closes Session to Discuss a Personnel Matter
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Minutes Approved: October 11, 2004
. 10:16:01 PM
Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to go
into Closed Session for the purpose of discussing a Legal Matter: Robbins v. Town of Hillsborough and
to discuss a Personnel Matter by a vote of 4-0. The motion was declared passed.
9. Other (9:55)
10:32:44 PM
Mayor Phelps suggested authorizing the $1,000 payment remaining from the 1 sl quarter and the entire
2nd quarters payments to Fire Department before the October Board Meeting.
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to
direct staff to proceed with the $1,000 payment remaining from the 1st quarter and the entire 2nd quarters
payments to Fire Department by a vote of 4-0. The motion was declared passed.
10. Adjourn (10:00)
10:38:50 PM
Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to
adjourn at 10:29 by a vote of 4-0. The motion was declared passed.
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Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
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365
. STATE OF NORTH CAROLINA
RECEPTACLE RISER WITH 24 HOUR TIMER INSTALLATION
TOWN OF HILLSBOROUGH
This Contract made this the 27th of September, 2004 by and between the TOWN OF
HILLSBOROUGH, North Carolina, a Municipal Corporation located in ORANGE County
(hereinafter Town); and Mike Fults Electrical Contracting, 405 Green Meadow Lane, Roxboro,
NC 27574 (hereinafter Contractor).
WIT N E SSE T H:
1. SCOPE OF WORK. The Town hereby employs the Contractor to furnish all labor,
materials and equipment to perform all work in manner and form for the following
described project:
.
Labor and materials to install forty (40) self enclosed 20 amp service panels with GFCI
receptacle and 1-24 hour digital timer installed in a box mounted below. Each pole shall
have individual ground rods with grounding electrode sized per NEC 2002. All permit
fees are included in project scope.
The Town will direct the Contractor as to the exact location of the utility distribution
poles for installation of the receptacle risers during a pre-construction conference with the
Public Works Director. The Contractor will be responsible for removing all debris
associated with this project. This project will be performed for the lump sum not to
exceed $15,430.00
.
2. TIME FOR COMPLETION. The Contractor shall commence the work to be
performed under this Contract within fourteen (14) days of receipt of notice to proceed
from the Town Manager or the Public Works Director and shall complete all work
hereunder within 30 calendar days of the date of beginning, provided that the weather
conditions are satisfactory for the installation of the risers.
3. EXTRA WORK. In the event extra work is necessary, not set forth or contemplated
in this contract, the Contractor agrees to faithfully perform all such work under a written
change order from the Town s~tting forth and describing fully the work to be done. The
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366
amount to be paid by Town to Contractor for such extra work shall be as specified in a
written change order.
4. PAYMENT. The Town hereby agrees to pay Contractor for the faithful performance
of this contract, subject to additions and deductions as provided for by approved change
orders. The Town will pay the Contractor in full once all the work has been performed
strictly in accordance with this contract and accepted by the Town, the total not to exceed
$15,430.00. The Town will make the payment to the Contractor on a net 30-day basis
from receipt of invoice.
5. INSURANCE. The Contractor shall take out and maintain during the life of this
Contract the following insurance:
Statutory Workers Compensation insurance; Comprehensive General Liability Insurance,
Including Independent Contractors Liability coverage and Contractual Liability insurance
Covering the Contractor's liability assumed under the paragraph Release and Indemnity;
Town as a condition of this Contract may require any other insurance as may be required.
6. GUARANTY. The Contractor hereby agrees to guarantee for a period of one year
after date of final payment, the work accomplished under this Contract. The Contractor
agrees to repair at no cost to the Town any defects due to faulty workmanship or
materials, which may appear in his work during this period.
7. RELEASE AND INDEMNITY. To the fullest extent permitted by law, the
Contractor shall release, indemnify, keep and save harmless the Town, its agents,
officials and employees, from any and all responsibility or liability for any all damage or
injury of any kind or nature whatever (including death resulting there from) to all
persons, whether agents, officials or employees of the Town or third persons, and to all
property proximately caused by, incident to, resulting from, arising out of, or occurring in
connection with, directly or indirectly, the performance or nonperformance by Contractor
(or by any person acting for the Contractor or for whom the Contractor is or is alleged to
be in any way responsible), whether such claim may be based in whole or in part upon
contract, tort (including alleged active or passive negligence or participation in the
wrong), or upon any alleged breach of any duty or obligation on the part of the
Contractor, its agents, officials and employees or otherwise. The provisions of this
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367
8.
Section shall include any claims for equitable relief or for damages (compensatory or
punitive) against the Town, its agents, officials and employees including alleged injury to
the business of any claimant and shall include any and all losses, damages, injuries,
settlements, judgments, decrees, awards, fines, penalties, claims, costs and expenses.
Expenses as used herein shall include without limitation the costs incurred by the Town,
its agents, officials and employees, in connection with investigating any claim or
defending any action, and shall also include reasonable attorneys' by reason of the
assertion of any such claim against the Town, its agents, officials or employees. The
Contractor expressly understands and agrees that any performance bond or insurance
protection required by this agreement, or otherwise provided by the contractor, shall in no
way limit the Contractor's responsibility to release, indemmify, keep and save harmless
and defend the Town as herein provided. The intention of the parties is to apply and
construe broadly in favor of the Town the foregoing provisions subject to the limitations,
ifany, set forth in N.C.G.S. 22B-1.
SUSPENSION OR TERMINATION OF AGREEMENT:
In the event that review of the Contractor's performance shows non-conformance to the
terms and conditions contained herein as a result of the Contractor's errors, omissions
or negligent acts, the Contractor shall be in breach of this agreement and the Town
may take corrective action as it deems necessary, including, but not limited to,
withholding or reduction of payment.
The Town shall also have the right to suspend this agreement upon written notice to the
Contractor. Such written notice shall state the reasons for suspension and allow for a
review period of ten (10) days during which the contractor shall be provided with an
opportunity to respond with an explanation or justification, and/or shall undertake any
reasonable remedial action required by the ToV\'I1. If, in the opinion of the Town, the
Contractor remains in violation of this agreement at the completion of the ten (10)
day suspension period, the Town shall have the right to terminate this agreement
whereupon all obligations of the Town to the Contractor shall cease.
In the event this project is terminated prior to completion of the services by the
Contractor, the Contractor shall be paid for services performed to the date of
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368
termination. In no event will the amount due Contractor in the event of termination
exceed that amount set forth in paragraph 4 of this agreement.
Nothing contained herein shall prevent the Town from pursuing any other remedy, which
it may have against Contractor including claims for damages.
9. ASSIGNMENT OF AGREEMENT. It is mutually agreed by the parties hereto that
this agreement is not transferable by either party without the prior written consent of the
other party to this agreement.
10. OTHER LAWS AND REGULATIONS. Contractor will comply with any and all
applicable federal, state and local standards, regulations, laws, statutes and ordinances
regarding toxic, hazardous and solid waste and any other pollutants; public and private
nuisances; health or safety; and zoning, subdivision or other land use controls.
Contractor will take all reasonable necessary, proper or required safety preventive and
remedial measures in accordance with any and all regulations and directives from the
North Carolina Department of Human Resources, the United States Environmental
Management, health departments, and to any federal, state or local agency having
jurisdiction, to ensure the prompt prevention or cessation (now, or in the future) of
violations of either the appFcable provisions of such standards, regulations, laws, statutes
and ordinances or any permits or conditions issued hereunder.
11. AMENDMENTS. This agreement shall not be modified or otherwise amended
except in writing signed by both the parties.
,....-....-
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36,9
. IN WITNESS WHEREOF, the Town has caused this agreement to be duly executed in its
name and behalf and the Contractor has caused this agreement to be duly executed in its name
and behalf.
TOWN OF HILLSBOROUGH
By:
Joe Phelps, Mayor
MIKE FULTS ELECTRICAL CONTRACTING
By:
Title:
. ATTEST:
By:
Donna F. Armbrister, Town Clerk
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Gregory Siler, Finance Director
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371
Option 2
STATE OF NORTH CAROLINA
PAVING CONTRACT
TOWN OF HILLSBOROUGH
This Contract made this the 2ih of September, 2004 by and between the TOWN OF
HILLSBOROUGH, North Carolina, a Municipal Corporation located in ORANGE County
(hereinafter Town); and Central Paving Company, Inc. of 125 Gibson Road, Mebane, NC 27302
(hereinafter Contractor).
WIT N E SSE T H:
1. SCOPE OF WORK. The Town hereby employs the Contractor to furnish all labor,
materials and equipment to perform all work in manner and form for the following
described project:
Pave:
Street Name Section of Street Lineal Feet Cost
From To
Cedar St. Cedar Grove Rd.. McAdams Rd. 926'xI8' $11,649.40
Raynor St. Barracks Rd. Murray St. 476'xI6' $ 5,316.00
Jones Ave. W. King St. Eno St. 1,544'xI8' $19,396.50
N.Occoneechee W. Queen St. W. Union St. 500'x20' $ ,976.00
Lakeshore Dr. W. King St. Latimer St. 727x20' $10,174.60
With Pavement Stripping
GRAND TOTAL 4,173 Lineal Feet
The Town will direct the Contractor as to the exact location of the paving during a pre-
construction conference with the Public Works Director. The Contractor will be
responsible for removing all debris (e.g., soil, asphalt, and other similar material)
associated with this project. This project will be performed for the lump sum not to
exceed $53,512.50
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372
Option 2
2. TIME FOR COMPLETION. The Contractor shall commence the work to be
performed under this Contract within thirty (60) days of receipt of notice to proceed from
the Town Manager or the Public Works Director and shall complete all work hereunder
within 10 calendar days of the date of beginning, provided that the weather conditions are
satisfactory for paving.
3. EXTRA WORK. In the event extra work is necessary, not set forth or contemplated
in this contract, the Contractor agrees to faithfully perform all such work under a written
change order from the Town setting forth and describing fully the work to be done. The
amount to be paid by Town to Contractor for such extra work shall be as specified in a
written change order.
4. PAYMENT. The Town hereby agrees to pay Contractor for the faithful performance
of this contract, subject to additions and deductions as provided for by approved change
orders. The Town will pay the Contractor in full once all the work has been performed
strictly in accordance with this contract and accepted by the Town, the total not to exceed
$53,512.50. The Town will make the payment to the Contractor on a net 30-day basis
from receipt of invoice.
5. INSURANCE. The Contractor shall take out and maintain during the life of this
Contract the following insurance:
Statutory Workers Compensation insurance; Comprehensive General Liability Insurance,
Including Independent Contractors Liability coverage and Contractual Liability insurance
Covering the Contractor's liability assumed under the paragraph Release and Indemnity;
Town as a condition of this Contract may require any other insurance as may be required.
6. GUARANTY. The Contractor hereby agrees to guarantee for a period of one year
after date of final payment, the work accomplished under this Contract. The Contractor
agrees to repair at no cost to the Town any defects due to faulty workmanship or
materials, which may appear in his work during this period.
7. RELEASE AND INDEMNITY. To the fullest extent permitted by law, the
Contractor shall release, indemnify, keep and save harmless the Town, its agents,
officials and employees, from any and all responsibility or liability for any all damage or
injury of any kind or nature whatever (including death resulting there from) to all
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8.
Option 2
persons, whether agents, officials or employees of the Town or third persons, and to all
property proximately caused by, incident to, resulting from, arising out of, or occurring in
connection with, directly or indirectly, the performance or nonperformance by Contractor
(or by any person acting for the Contractor or for whom the Contractor is or is alleged to
be in any way responsible), whether such claim may be based in whole or in part upon
contract, tort (including alleged active or passive negligence or participation in the
wrong), or upon any alleged breach of any duty or obligation on the part of the
Contractor, its agents, officials and employees or otherwise. The provisions of this
Section shall include any claims for equitable relief or for damages (compensatory or
punitive) against the Town, its agents, officials and employees including alleged injury to
the business of any claimant and shall include any and all losses, damages, injuries,
settlements, judgments, decrees, awards, fines, penalties, claims, costs and expenses.
Expenses as used herein shall include without limitation the costs incurred by the Town,
its agents, officials and employees, in connection with investigating any claim or
defending any action, and shall also include reasonable attorneys' by reason of the
assertion of any such claim against the Town, its agents, officials or employees. The
Contractor expressly understands and agrees that any performance bond or insurance
protection required by this agreement, or otherwise provided by the contractor, shall in no
way limit the Contractor's responsibility to release, indemnify, keep and save harmless
and defend the Town as herein provided. The intention of the parties is to apply and
construe broadly in favor of the Town the foregoing provisions subject to the limitations,
if any, set forth in N.C.G.S. 22B-1.
SUSPENSION OR TERMINATION OF AGREEMENT:
In the event that review of the Contractor's performance shows non-conformance to the
terms and conditions contained herein as a result of the Contractor's errors, omissions
or negligent acts, the Contractor shall be in breach of this agreement and the Town
may take corrective action as it deems necessary, including, but not limited to,
withholding or reduction of payment.
The Town shall also have the right to suspend this agreement upon written notice to the
Contractor. Such written notice shall state the reasons for suspension and allow for a
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Option 2
review period of ten (10) days during which the contractor shall be provided with an
opportunity to respond with an explanation or justification, and/or shall undertake any
reasonable remedial action required by the Town. If, in the opinion of the Town, the
Contractor remains in violation of this agreement at the completion of the ten (10)
day suspension period, the Town shall have the right to terminate this agreement
whereupon all obligations of the Town to the Contractor shall cease.
In the event this project is terminated prior to completion of the serVIces by the
Contractor, the Contractor shall be paid for services performed to the date of
termination. In no event will the amount due Contractor in the event of termination
exceed that amount set forth in paragraph 4 of this agreement.
Nothing contained herein shall prevent the Town from pursuing any other remedy, which
it may have against Contractor including claims for damages.
9. ASSIGNMENT OF AGREEMENT. It is mutually agreed by the parties hereto that
this agreement is not transferable by either party without the prior written consent of the
other party to this agreement.
10. OTHER LAWS AND REGULATIONS. Contractor will comply with any and all
applicable federal, state and local standards, regulations, laws, statutes and ordinances
regarding toxic, hazardous and solid waste and any other pollutants; public and private
nuisances; health or safety; and zoning, subdivision or other land use controls.
Contractor will take all reasonable necessary, proper or required safety preventive and
remedial measures in accordance with any and all regulations and directives from the
North Carolina Department of Human Resources, the United States Environmental
Management, health departments, and to any federal, state or local agency having
jurisdiction, to ensure the prompt prevention or cessation (now or in the future) of
violations of either the applicable provisions of such standards, regulations, laws, statutes
and ordinances or any permits or conditions issued hereunder.
11. AMENDMENTS. This agreement shall not be modified or otherwise amended
except in writing signed by both the parties.
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Option 2
IN WITNESS WHEREOF, the Town has caused this agreement to be duly executed in its
name and behalf and the Contractor has caused this agreement to be duly executed in its name
and behalf.
TOWN OF HILLSBOROUGH
By:
Joe Phelps, Mayor
CENTRAL PAVING
By:
Title:
ATTEST:
By:
Donna F. Armbrister, Town Clerk
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Gregory Siler, Finance Director
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CHANGE ORDER
Order No. 002
Date: September 27.2004
Agreement Date: June 14.2004
Name of Project: Bridge No. 67241 On Exchange Club Park Lane
Owner: Town of HilIsborough
Contractor: Lambert Holding DBA Stone Restoration of America
The following changes and additions are hereby made to the Contract Documents. Add
the work as outlined on Attachment No. A for Change Order No. 002.
Justification: One area of the sidewalk is scheduled to be repaired and one bracket
beneath the area is also in need of repair. Stone restoration is concerned that the work
above the bracket will cause further damage to the bracket and will possibly create an
unsafe condition.
Change to Contract Price:
Original Contract Price
$176.759.00
The Contract Price due this Change
Will be Increased by
$ 5.300.00
The New Contract Price including this
Change Order wiU be $182.059.00
Change to Contract Time: Calendar Days
New Contract Completion Date: October 14. 2004
Date: 09.... :<7-'lJ(
Date:
Date: oCf- Z. q - Zcxc1
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APPROVED 11/3/2004
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ASSEMBLY OF GOVERNMENTS
SEPTEMBER 29, 2004
7:30 p.m.
The Orange County Board of Commissioners met in regular session for an Assembly of
Governments meeting on Wednesday, September 29, 2004 at 7:30 p.m. at the Southern
Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses
Carey, Jr., Alice M. Gordon, and Stephen Halkiotis
COUNTY COMMISSIONERS ABSENT: Margaret Brown
COUNTY ATTORNEYS PRESENT:
COUNTY STAFF PRESENT: County Manager John Link, Assistant County Managers
Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members
will be identified appropriately below)
CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Kevin C. Foy and
Members Ed Harrison, Cam Hill, Mark Kleinschmidt, Jim Ward, and Bill Strom,
CHAPEL HILL TOWN COUNCIL MEMBERS ABSENT: Sally Greene, Dorothy Verkerk
and Edith WlQgins
CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: Vice Chair Alex Zaffron,
and Members Joal Hall Broun, Jacquelyn Gist, and Diana McDuffee
CARRBORO BOARD OF ALDERMEN MEMBERS ABSENT: Mayor Mike Nelson and
Members Mark Chilton and John Herrerra
HILLSBOROUGH TOWN COMMISSIONERS PRESENT:
HILlSBOROUGH TOWN COMMISSIONERS ABSENT: Mayor Joe Phelps and Members
Michael Gering, Eric Hallman, Evelyn Lloyd, Frances Dancey, and Brian Lowen
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE CLERK'S OFFICE.
Chair Jacobs said they need to find ways to improve turnout of elected officials at these joint
meetings.
~ Briefina on Downtown Economic Development Initiative (Town of Chapel Hill)
Mayor Foy said that as of July 1, 2004 the Downtown Chapel Hill Economic Development
Corporation has taken its office. In the last few years, the Town of Chapel Hill has looked at
how the downtown area is doing and how it can continue to be interesting. He thought it would
be helpful for the other jurisdictions to hear the ideas.
Chapel Hill Town Manager Cal Horton said that Nick Didow is the new interim Executive
Director of the Chapel Hill Downtown Economic Development Commission. He will be making a
presentation. Chris Berndt will describe the Economic Development initiative that the Council
has undertaken, that could lead to the development of parking lots two and five. He said that,
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contrary to the headlines in the News and Observer today, it is not fast-tracked, but it is
following the normal pace.
Nick Didow made reference to the one-page handout, which was an overview of the
corporation. The mission is "to bring the resources of the Town, University, and downtown
community together to maintain, enhance, and promote downtown as the social, cultural, and
spiritual center of Chapel Hill through economic development." The corporation is governed by
seven board members. The Town of Chapel Hill appointees are Robert Epting, Allen Fine, Tom
Tucker, and Andrea Rohrbacher. The University of North Carolina appointees are Vice
Chancellor Nancy Suttenfield and Trustee Roger Perry. This group chose a seventh board
appointee, which is Betty Kenan. Nick Didow said that he was selected as the Interim Executive
Director in mid-August. He will help get the corporation going and help in the search process for
a permanent Executive Director.
Nick Didow made the following points:
The board meets the second and fourth Wednesday morning of each month from 7:30 -
9:00 a.m.
The funding is two-thirds from the Town of Chapel Hill and one-third from UNC.
They have to work collaboratively with other local, county, regional, and state economic
development groups and downtown Chapel Hill stakeholders.
CHDEDC is a private 501 (c) 3 corporation that has chosen to operate in accordance
with the North Carolina Open Meetings Law.
Major current CHDEDC activities include:
o Managing the transition of critical downtown services and activities with
assistance from several partner organizations;
o Start-up matters including filing for 501 (c) 3 federal designation, opening a
CHDEDC corporate office in downtown, establishing telecommunications and
Internet support services, bank accounts. etc.;
o Board discussion of CHDEDC goals, short term objectives. long term objectives
and downtown economic development strategies;
o Review recent recommendations for improving downtown;
o Briefings on UNC, Town, and private economic development projects at various
stages of planning and implementation that will significantly impact downtown;
o Establishing a positive board culture in process and conduct to be an effective
organization and change agent for downtown Chapel Hill; and
o Development of an Executive Director job description and strategy to recruit a
permanent. full-time Executive Director.
The office of the CHDEDC will be 308 West Rosemary Street, Suite 202. The next meeting is
Wednesday, October 1311\ at the Chapel Hill Museum - Public Meeting Room starting at 7:30
a.m. He invited everyone to attend.
Jacqueline Gist said that they were glad to have Nick Didow in this role. She said that Carrboro
was undergoing their own second renaissance in Carrboro. and one of the biggest things is the
renovation of the ArtsCenter/Cat's Cradle property. She said that even though they are very
distinct political entities, they are one community and their downtowns flow into each other. She
suggested that they have a meeting twice a year with the CHDEDC and the complementary
counterparts in Carrboro.
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Nick Didow said that he would pass this suggestion along to his board. He agreed that
cooperation was a good idea.
Chris Berndt made a PowerPoint presentation about the Downtown Economic Development
Initiative. She said that this project started when they began their downtown small area plan in
1997.
Backaround
Downtown Small Area Plan, adopted in March 2000 - Lots 2 and 5: "Development
Opportunity Areas"
Comprehensive Plan, adopted May 2000, includes strategies related to downtown and
nearby neighborhoods
Downtown Design Workshops, February - March 2002 - public developed concepts for
Lots 2 and 5 and other downtown sites
Council Committee on lot's 2 and 5, formed June 2002 to consider how to proceed with
development of sites
Council adopted principles and priorities for sites, February 2003
Contract with Stainback Public-Private Real Estate, November 2003
Proiect - Key Steps
Project kick-<lff event at Old Post Office, November 2003
Market Demand Study completed in Spring 2004 by Economics Research Associates
Conceptual master plans for Lots 2 and 5, RBC site, and Wallace Parking Deck
developed by HKS, Inc. May-June 2004
Council adopted building program for sites, June 2004
Draft financial feasibility analysis - public forums on September 14 and 27,2004
Next StepS
Council seeking comment from the Downtown Commission, Chapel Hill Downtown
Economic Development Commission
Council to consider proceeding with developer solicitation and selection phase, October
27,2004
Meetings with downtown merchants, neighborhoods, and UNC
Regarding the building program, there will be retail, a substantial residential component, as well
as replacement parking and additional parking. She showed pictures of the conceptual plans.
For Lot 2, the vision is to have an underground transit transfer system, which could replace the
buses stopping on the side of the street.
Diana McDuffie asked about the transit transfer center and if they are envisioning a developer to
build this and if it would be built with public funds. She asked if it would have a lot of impact on
how the bus service is delivered. Chris Berndt said that the idea originated with the Chapel Hill
Transit Board. This is at a very preliminary stage. The idea would be to look for federal sources
of funding.
Diana McDuffie said that they want to be involved earfy on in the discussions of funding.
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Mayor Foy said that there might not be a possibility for a transit center there, but they would like
to at least propose it if it were feasible.
Joal Hall Broun said that they understand this but they want to know the financial implications
for their taxpayers and that all partners have time to review this if public money is used.
Commissioner Carey asked about how the RBC site figures into this. Chris Berndt said that this
is privately owned property and could possibly be used for a parking facility to serve Lot 2 and
the Wallace Deck area. Their consultants are looking at this but nothing has been finalized.
Commissioner Gordon asked about pedestrian walkways and Lot 5. Chris Berndt said that this
could be shown as more pedestrian friendly, but still be a thru-street.
Alex Zaffron asked if looking at ITA phase 2 was too far into the future for planning in this
context and Cal Horton said yes.
Alex Zaffron asked if there was a rough figure for total square footage yield and Chris Berndt
said 380,000 square feet of residential.
2. Greenhouse Gas Emissions Inventory and Action Plan (Orange County ERCD and
Towns)
Environment and Resource Conservation Director Dave Stancil said that a year ago, they came
before the Assembly of Governments and were charged with developing a scope of work and
an RFQ for pursuing a joint Greenhouse Gas Emissions Inventory and Action Plan. He said
that the origin of this goes back to 2002 when each of the local jurisdictions joined ICLEI
(International Council for Local Environmental Initiatives). ICLEI is an international consortium
of 400-500 local governments that are interested in taking steps to affect climate change and to
reduce greenhouse gas emissions. There are 66 different North American members of this.
Most of the members are in Europe and Asia.
He made reference to the handout entitled, g10 Things Local Governments Can Do to Cut
Global Warming Pollution" and encouraged everyone to read this.
He said that in April of this year, the designation of the Triangle region as non-attainment for
ground level ozone has gotten a great deal of attention and there have been local and state
efforts to begin addressing this non-compliance. Also, the jurisdictions have taken steps to use
alternative fueled vehicles within their fleets. Orange County will be attempting to co-Iocate with
Orange County Schools a new compressed natural gas fueling station over the next year.
Another issue, which has not been a big issue in the Triangle, but has in the Triad area, is
particulate matter, which is particulate that is emitted from smokestacks, fossil fuel burning,
vehicles, and power plants. The Triangle area does not appear to be non-compliant in this area.
As a part of ICLEI, each jurisdiction is asked to complete this inventory and action plan. In
2003, the staffs in Chapel Hill, Carrboro, and Orange County noted that it might make sense to
do a joint plan. Since last year, they have developed a Request for Qualifications. The
submittal from the possible consultant is included in the agenda packet. The workgroup was
unanimous in recommending ICLEI Energy Services from Toronto. The estimated cost of the
project is about $40,00045,000. A grant from the Durham-Chapel HiII-Carrboro Metropolitan
Planning Organization would fund 80% of the transportation related cost for this project
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(approximately $8,000). If the formula that has been used in the past with joint projects is used,
which is a 43-43-14 split, the cost for Chapel Hill and Orange County will be about $15,000 and
the cost for Carrboro will be about $5,000. The funding has already been set aside in Orange
County. The duration of the project would be about four months. An Air Quality Advisory Group
would be formed.
No action'is needed at this time.
Diana McDuffie said that she went to an ICLEI conference several years ago and she came
back very enthusiastic about this. She said that she is interested in how long it will be before
they do the energy audit so that they can st~rt the community engagement and make a
difference.
Dave Stancil said that they have heard that it will take four months. Diana McDuffie urged that
this be moved ahead.
Alex Zaffron said that the MPO needs to work off the 2030 Long Range Transportation Plan
instead of the 2025 LRTP. The 2030 LRTP was just approved today and will be sent to the EPA
Air Quality Conformity Analysis.
Chair Jacobs asked Dave Stancil about anticipating the consultants to direct the County toward
future funding sources. Dave Stancil said that they would include this.
3. Morgan & Little Creeks Local Watershed Planning Initiative (North Carolina
Department of Environment & Natural Resources - Ecosystem Enhancement
Program/Orange County Planning and ERCD)
Dave Stancil said that there has been an effort underway to look at the possibility of watershed
planning, particularly stream restoration work and storm water management.
Bonnie Duncan, Planning Supervisor from the North Carolina Department of Environment and
Natural Resources, made the PowerPoint presentation. The program goals are to restore,
enhance, and protect watershed functions.
Drivers for Local Watershed Planning
Stream and wetland mitigation - NCDOT and USACE
Storm water management - NPDES (Phase II)
Impaired streams list - Section 303(d)
Nutrient Management - Jordan Lake Strategy
Study Area - Subwatersheds
Morgan Creek
o Orange County
o Chapel Hill
o Carrboro
o Chatham County
Little Creek
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o (Bolin and Booker Creeks)
o Orange County
o Chapel Hill
o Carrboro
o Durham
Participants in Planning Process
Orange County, Chapel Hill, Carrboro, Durham
UNC at Chapel Hill
OWASA
Triangle Land Conservancy
Morgan Creek Valley Alliance
Friends of Bolin Creek
NC Wildlife Commission
US Fish and Wildlife Service
US Natural Resources Conservation Service
Triangle J Council of Governments
Improve and Proiect Watershed Functions
Accomplishing this goal involves:
addressing eutrophication in lakes
in-stream water quality conditions
modification of floodplain hydrology
headwater stream stability and sediment loading
aquatic and terrestrial wildlife habitat
Three Phases of Assessment
Preliminary Findings
Detailed Assessment
Targeting of Management
Preliminary Findinas
erosion and sediment in streams
impaired water qualityltoxicity
degraded aquatic and terrestrial habitat
Jordan Lake nutrient loads and TMDL
Potential Sources:
Urbanization
o Imperviousness
o Disturbed buffer
o Floodplain encroachment
o Leaking sewer/septic
Agriculture
o Disturbed cover
o Livestock access
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Detailed Technical Assessment (pOtential sources. stressors. and strateaies)
Quantify Magnitude of Impacts:
Predicted impact from various stressors using:
o Empirical models
o GIS analyses
o Statistical analyses
Predicted nitrogen and phosphorus loads to Jordan lake
Modeled other stressors, including:
o Sediment loading
o Stream erosion and instability
o Imperviousness
o Buffer disturbance
Taraetina of Manaaement (specific watershed recommendations)
Potential Strategies:
Stream restoration
Storm water management
Best management practice retrofits
Conservation of undeveloped land
low density/low impact development
Further monitoring and an~lysis
Tanaible End Results
25 BMP sites identified
o treat 600 acres of priority subwatersheds
11 stream restoration projects
o 28,000 linear feet of restored stream
137 priority preservation parcels
o over 600 acres of high quality riparian habitat targeted for preservation efforts
EEP Implementation
Stream restoration and enhancement
o Mason Farm - floodplain restoration
o Chapel Creek
Best Management Practices (BMPs)
o Best if in conjunction with restoration
Preservation
o Easements required for all projects
o Acquisition or donation
Implementation Partnerships
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EEP will work with landowners to seek additional funding for projects:
o EPA Section 319 base or incremental
o Clean Water Management Trust Fund
o Natural Resources Conservation Service
· CRP, EQIP, WRP, FIP, WHIP
o US Fish and Wildlife Service
High Priority Actions for All Jurisdictions
Apply for individual permit under NPDES Phase II to allow for more stringent protections
than State minimums
Revise development ordinances to remove barriers to low impact development and
facilitate its use
Stay ahead of the curve!
Contact Information:
Bonnie Duncan, NC EEP
919-715-5315 bonnie.duncan@ncmail.net
Deborah Amaral, Ph. D., NC EEP
919-715-3466 deborah.amarah@ncmail.net
Jason C. Doll, Stantec, Inc.
919-851-6866 idoll@stantec.com
Download Information:
http://h2o.enr.state.nc.us/wrp/plans/MLC&KPC/MLCHome.htm
Morgan and Little Creeks Local Watershed Plan Summary
Preliminary Findings Report
Detailed Technical Assessment
o Report
o Water Quality Monitoring Addendum
Target of Management Report
Ed Harrison said that he went to a lot of the meetings and he had never seen the slide with the
tangible end results. He urged that these be sent to the local governments quickly because
they need help prioritizing the money to spend. These are also suited for Clean Water
Management Trust Fund applications.
Deborah Amaral said that they are delivering a full copy of the detailed assessment to each
government.
Commissioner Gordon asked about the funding possibilities. Bonnie Duncan said that their
funding comes from compensatory mitigation payments. They have a memorandum of
agreement with DOT to work proactively to develop these plans. They also operate an in-lieu
fee program, and they handle all of DOT's off-site mitigation needs. Any other funding comes
from the local governments.
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Jason Doll said that he has been doing these assessments with the EEP for four years, and the
funding sources are the easy part. The hard part is landowner willingness to participate.
4. Identification of School Site Locations with Towns (Orange County Planning and
Towns)
Planning Director Craig Benedict said that he was speaking on behalf of a staff group made up
of representatives from both school districts and the Towns of Hillsborough, Carrboro, and
Chapel Hill. He said that they have not identified any new school sites in the towns, but they are
talking about the process.
Presented By: Craig Benedict, AICP, Orange County Planning Director, on behalf of the Smart
School Siting Staff Workgroup
Smart Growth and School Siting
. Informal "Smart Growth and Schools" staff workgroup started this year
. AOG discussion in 2003 and 2004
. Planning Directors of Orange County, Chapel Hill, Carrboro, and Hillsborough
. Superintendent of Orange County Schools
. Representative of the Chapel Hill - Carrboro City Schools Superintendent's office
Smart Growth and School Sitin~
. Formalizing a process for new school site selection
. Better integrate land use issues and school siting with the principles of "Smart Growth."
. Consider revisions to Policy on Planning and Funding School Capital Projects adopted on
11/21/00
· Provisions for donated sites
(see next page for conclusion of presentation)
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Draft of Process
(Currentlv Under Development)
.1. Determine Need for Additional School(s)
. Annual Schools Adequate Public Facilities Ordinance Technical Advisory Committee
(SAPFOT AC) Report
. Statistical methods used to project student enrollment out 10 years and identify future
needs
. Report is forwarded to Towns for information purposes, County, and School Districts for
CIP (Capital Investment Plan) planning
2. Technical Group Meets
. Determines general geographic location in which new school or schools need to be
located using information about:
. potential high growth areas
· high over capacity situations
· interest in reducing bus/student/parent vehicle miles using Smart Growth Principles
. opportunity for land banking
~. Smart Growth Principles
[J Location of Urban Service Boundaries
[J Sufficient infrastructure (water, sewer, roads) availability?
[J Land Use Compatibility
(J Presence of environmentally sensitive resources?
[J Co-location and/or Mixed Use opportunities?
[J WalkablelPedestrian-Bike Friendly?
(J Transportation considerations
[J Community participation in siting process (general area)
CJ Sharing Academic Resources
CJ "GreenD Buildings
CJ Value Engineering
4. Practical Sitino Considerations
. Where is sufficient contiguous undeveloped acreage available in geographic area under
consideration?
. Use GIS technology to determine potential sites
5. School District Meets with Towns and County
. Discuss feasibilityllocation
. Discuss co-Iocation opportunities
. Possible ad hoc committee review
. BOCC liaison
. Coordination and Communication
6. Procurement of the property desionated for the new school
7. Smart Growth Desion Considerations
. Site Principles
· Environmental considerations
. Public Transit considerations
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· Walkable Community concepts (pedestrian and bike)
· Co-location considerations
. School Building Standards
· Energy and water conservation
· Access to site (ingress/egress)
· Public access to buildings and athletic facilities
Smart Growth and School Siting
Informal Staff workgroup is expected to conclude work on the draft process by the end of 2004
(end of "Smart Growth and School Siting" materials)
Update on Comprehensive Plan
Land Use Element and TOR Activities
Land Use Element:
-_"Report on Public Outreach Process" - online at www.co.orange.nc.us/planning
. Emphasis - watersheds, air quality/less VMT, farm economy, and urban/rural
. Orange CountyfTown of Hillsborough Urban Transition Area Task Force
. EflandlMebane Small Area Plan
. Next steps
Transfer of Development Rights (TOR):
. Request For Qualifications (RFQ)/consultant
. Timeline
. Sending and receiving areas
. Intra-county vs. multi-jurisdictional
. Phase I - Feasibility~
. Legal
. Economics
· Political
. Financial
. Administrative
. Phase II - Implementation Process
Chair Jacobs asked about the timeframe and Craig Benedict said that within a month, there
would be a report to the Board of County Commissioners.
Chair Jacobs recognized that there were five school board members present from both school
systems, as well as Orange County Schools Superintendent Shirley Carraway and Chapel HiII-
Carrboro City School Assistant Superintendent Steve Scroggs. The board members included
OCS Chair Libbie Hough, Vice Chair Brenda Stephens, CHCCS Vice Chair Lisa Stuckey, and
Board Members Valerie Foushee and Nick Oidow.
Joal Hall Braun said that they know the siting of schools encourages growth around those
schools. The issue is where to site these schools in terms of providing growth where it is more
appropriate. Secondly, because of the early integration of schools, the lack of schools in
historically African American neighborhoods is something they need to think about. When
thinking about siting another school in the southern part of Orange County, they may need to
think about siting it near or around Rogers Road. Thirdly, she said that they always think about
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388
building new schools and they need to ask themselves if it is a possibility to add on or create
some type of different construction with the present schools. Other thing to consider is
retrofitting the Lincoln Center and other smaller schools because of the trend toward smaller
class sizes.
Chair Jacobs said that the Department of Public Instruction recommended acreages that are not
functional for urbanized areas. He said that Raleigh just received a smart growth award for a
middle school that is located on four acres in downtown Raleigh. He thinks the school boards
should have more participation and be more creative in the construction standards. He pointed
out that South Carolina just abandoned its acreage standards.
Jim Ward asked how the group dealt with the acreage issue. Craig Benedict said that with the
urban sites, they knew it would be more difficult to find acreage. Recommendations will be
coming forward on acreage needs more on a case-by-case basis. There is some land banking
opportunities.
Joal Hall Broun left at 9:15 p.m.
Craig Benedict said that they acknowledge that there will have to be urban settings, where
acreage will have to be changed, and suburban settings but not sprawl settings, where they
should be as conscious as possible of efficiently using whatever lands are available.
Commissioner Gordon said that there needs to be a formal statement of smart growth principles
that everyone agrees upon. She thinks there can be smart growth principles in rural, urban, and
suburban settings. She said that the idea of land banking was not new, and the county has had
a School Park Reserve Fund for several years. The idea was to set aside one cent a year for
land purchases for school and co-Iocated park sites. This fund was spent down and currently
no more money is being added. She said that the County needs to work with the school
systems on school siting because statutory responsibility for siting schools still resides with the
school boards.
Ed Harrison, Jacquelyn Gist, Alex Zaffron and Cam Hill left at 9:20 p.m.
5. Update on OranGe County Comprehensive Plan Land Use Element and Transfer of
Development Rights Activities (Orange County Planning)
Craig Benedict said that there were public outreach activities in March, April, and May of this
year, where the staff went to the various townships and made presentations about the
comprehensive plan update. The main emphasis of the work has to do with watershed
protection.
Regarding air quality, the pattern of development happening in rural parts of the County is
somewhat of a sprawl pattern and there are a lot of vehicle miles traveled. Some suggestions
involve a reduction in the build out population of the rural areas of the County.
Another issue is to look at the Hillsborough general area. There are areas outside of
Hillsborough that could be serviced by water and sewer that are under Orange County's
jurisdiction. These could be urban transition areas. A task force has been formed to talk about
the potential for this. There is also a task force for a small area plan in Efland.
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The next step will be meeting with the Board of County Commissioners next week to discuss
some of the recommendations from the outreach. There may be opportunity next year to meet
with the joint planning area partners to talk about the rural buffer.
Regarding the Transfer of Development Rights issue, this is a renewed effort and the Board of
County Commissioners has authorized staff to hire a consultant to do a feasibility study on
whether Transfer of Development Rights can work in the County. Development rights would be
transferred from farming, rural, or environmentally sensitive areas to urban areas that have
adequate public services.
Commissioner Gordon said that as the comprehensive plan goes forward, the philosophy
behind it is to keep the rural areas rural and that the growth will be absorbed in the existing
municipal or transition areas. This theme would be echoed with the transfer of development
rights.
Bill Strom asked about testing the performance of the rural buffer and if there were
recommendations. Craig Benedict said that the staff recommendation is that the University
Lake part of the rural buffer has appropriate zoning at this time. The northern section of the
rural buffer does not have the same water quality issues. They are suggesting a three-acre
density, which is a two-acre minimum lot size plus one acre of open space.
Chair Jacobs made reference to the northern rural buffer and said that on October 1411\ Duke is
going to designate more than 1,000 acres of Duke Forest as permanently part of the state's
Natural Heritage Program. This is a start to permanently anchoring the rural buffer.
Chair Jacobs said that on October 4th at 6:00 p.m. and 7:00 p.m., there would be two open
houses to talk about the Twin Creeks Park possibilities. The meetings will be at the Homestead
Center. He invited everyone to attend.
6. Potential Reports (limited or no presentations)
a. Unfunded Mandates (Orange County)
Chair Jacobs made reference to the list of unfunded mandates, which is more than $600,000.
This is a loss of two-thirds of a cent in County tax monies. This does not include class size
reduction.
b. School Resource Officers (Orange County)
DEFERRED
c. Jordan Lake Stakeholder Project (Orange County)
DEFERRED
The meeting was adjourned at 9:40 p.m.
Barry Jacobs, Chair
Donna S. Baker
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Clerk to the So
ard