HomeMy WebLinkAboutMinutes - 19751201x.19
MINUTES
ORANGE COUNTY BOARD OF COMMIS52ONERS
December 1, 1975
The Orange County Board of Commissioners met in regular session
on Monday, December 1, 1975, at 10:00 a, m., in the Commissioners'
Room of the Courthouse in Hillsborough.
Members present were Chairman Flora Garrett, Commissioners Norman
Gustaveson, Jan Pinney, Norman Walker, and Richard E. [9hitted. __
Members absent were none.
Others present were S. M. Gattis, County Administrator; Neal
Evans, Fiscal Officer, County Attorneys, Steve Bernholz and A. B.
Coleman, Jr. were present for portions of the meeting; Mark Burnham,
Triangle J Council of Governments; and Agatha Johnson, Acting Clerk.
The Chairman stated that the first order of business would be the
election of a Board Chairman and Vice Chairman for the coming year.
The Clerk collected the written ballots and the vote revealed
that the Chairman for the year 1976 was Flora R. Garrett and the Vice-
Chairman for the year 1976 was Richard E. Whitted.
The Chairman referred to Item #2 on the Agenda: Recognition of
persons present and not on the Agenda desiring to speak with the Board.
i1o one came forth.
The next item to be discussed was the minutes of previous meetings.
The Minutes of November 3, 1975, were reviewed and a correction
suggested.
Upon motion of Commissioner Pinney, seconded by Commissioner
Whined, it was moved and adopted that the Minutes of November 3,
1975, be approved, subject to the correction.
The Minutes of November 17, 1975, were reviewed and upon motion
of Commissioner Whitted, seconded by Commissioner Pinney, it was
moved and adopted that the Minutes of November 17, 1975, be approved.
The Chairman referred to Item ~4 on the Agenda: The Board should
set a special meeting or meetings to (A) Discuss with persons inte-
rested in reviewing possible locations of the County's vehicle Main-
tenance facility on the "Crabtree" property; and (B) To select a firm
or firms to perform certain facilities and architectural services for
the County.
The Chairman inquired of the Board if they wished to discuss both
items at the same meeting or set separate meetings for each item?
The Board agreed that both items could be discussed at the meeting
scheduled for Tuesday, December 9, 1975, at 7:30 p.m., in the commis-
sioners' Room at the Courthouse.
Mr. Gattis was requested to contact the interested persons regarding
the maintenance facility on the "Crabtree" property and to advise the
firms regarding the facilities and architectural services for the
County of the meeting scheduled for December 9th.
The Chairman referred to Ttem #6: The Board of Commissioners has
been requested to name a Youth Needs Task Farce.
The Chairman referred to a letter received from the Department of
Human Resources requesting that a Task Force be appointed.
She introduced Mr. Harry Derr, Director of Court Counseling Ser-
matterfhadtbeen5necessitated through rSenateeBi11a750cwhichoauthorized.
the Department of Fiuman Resources to set up Advisory Task Forces to
work with Counties in accessing youth needs. He stated that the intent
of the program was to move the child out of training schools and to
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treat the child in his own community. He suggested a blending of
eXisting services to implement the program and offexed technical
assistance from the State. Mx. Derr advised the Board that Counties
could work on their own or join with other Counties to meet the
needs collectively, however, the study of the plan must be completed
within twv-years.
bars. Marilyn Tyroler, Supervisor in the Social Services Department,
will forwazd a coordinated list of organizations in Orange County from
which appointees will be selected to serve on the Steering Committee
and from the Steering Committee a Task Force will be formed. This
_ action will be taken at the Aecember 16, 1975 meeting.
The Chairman referred to Item #12 on the Agenda: Tom Ward, Social
Services Director, to advise the Board of County Commissioners of:
(A) The State Social Services Board's proposal to Federal Court that
would require the addition of seven additional Elegibility workers
to his staff.
P4r. Ward presented to the Board a breakdown of the Anticipated
Court Ordered Eligibility Caseload Standards.
"Category & Present Anticipated Increase In
Number of Cases Purpose Staff Staff Needed Staff
Food Stamp - 837 App. & Review 4 4 0
AFDC - 372 Review 2 3 (1Z0) 1
AFDC(MA,I.C.)118(+360) App. & Review 0 1 1
AA,AD,AB,(MA) - 668 Review 2 4 (150) 2
SSA,-69 Intake,(+600) Int.App.Review 0 1 1
Intake 50-80/mo Applications 1 1 0
AFDC-Appli. 30/mo Applications 1 1 0
b1A- Appli. 40/ma Applications 1 1 0
Sub--Totals 11 16 5
Supervision 1 2 (1-7) 1
12 18 6
The staff ratio of one supervisor for seven warkers can possibly
be met by up grading several positions to Eligibility Specialist II
level with supervisary responsibility for one or two staff.
The court order does not place requirements on Food Stamp
Eligibility Staff.
Previous Request for Social Work and Su ort Staff
Category & Present Needed
Number of Cases Purpose Staff Staff Increase
C-Prot. Serv.) 480 Emerg. and 7.5 16 8.5
F-Care ) Casework
Previous Request 2 - SW TI
6 - SW I
1 - Typist II
1 - Supervisor I
10
Mr. Ward reviewed the anticipated increase to his staff with the
Board and stated that this proposal would go before the Judge and he
would decide whether or not these standards were sufficient. The
Program must be in place by July, 1976, and Mr. Ward is to make monthly
progress reports to the State concerning advancement towarding meeting
the new standards. The program would cost the County between $27,000.
and $28,000.00 per year.
Mr. Ward referred to Item 12-8: To dispose of County Social
Services Department's request for eight additional case workers. He
referred to the above inserted breakdown of the previously made request
for Social Workers and Support Staff.
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Mr. Ward reviewed the request with the Board citing the urgent
needs of the Social Service Department.
Discussion ensued regarding space for additional staff. Mr. Ward
stated that if his Department could utilize the upstairs space of the
Social Services Building much of the problem would be solved.
The Fiscal Officer was asked about the status of the Contingency
Fund. Mr. Evans stated that there was about $70,000.00 in the Contingency
Fund, however, there were many matters pending. He suggested a limited
use of the Contingency Fund to very drastic needs.
The Social Service Staff continued to impress upon the Board that
these were emergency needs.
Commissioner Pinney urged the Board to wait and see what the Court
would require before committing monies from the Contingency Fund. He
stated that he felt this would be a gamble.
Commissioner Wha.tted advised the Board to proceed with caution.
That he felt the Board could possibly fund the requested ten employees,
however, in light of this Court Ordered Caseload Standards, he could
not see how both could be funded.
Commissioner Gustaveson inquired of Mr. Ward if one Social Worker ZI;
three Social Worker I; and one Typist II would be of benefit and what
would be the cost?
Mr. Ward stated that this would cut the caseload to about 45 instead
of what they have now and the estimated cost would be about $7,500.00 to
the county.
The Board agreed to continue with Item #10 before making a decision
on the request.
Item #10: Representatives of the Chapel Hi11 Day Care Coalition
will request the Board of Commissioners to appropriate $147.00 to up-
grade the classification of the Day Care Coordinator position in the
Orange County Department of Social Services. This position has been
vacant for some time and they feel this upgrading will enable the Social.
Services Agency to fill the position easier.
Eileen Lee of the Chapel Hill Day Care Coalition asked if the
Board had any questions.
Commissioner Pinney inquired if this request had been approved by
the Board of Social Services and Ms. Lee replied "No".
Mr. Ward stated that he felt sure the Board of Social Services
would approve the request and that there may be surplus monies avail-
able.through the Social Services Department Personnel Budget, due to
a staff vacancy, to take care of the request.
Ms. Lee reviewed the needs of the Day Care Coalition. She stated
that the Day Care Coalition was now in a "jeopardy status." The re-
quest would reclassify a Social Services Worker II to a Day Care
Coordinator.
The consensus of the Board was that if the Social Services Hoard
and the State reclassified this position then the Board of Commissioners
will appropriate the $147.00
Action on this matter will take place at the December 16, 1975
meeting.
Chairman Garrett referred the Board to Item #11: Certain docu-
ments must be approved by the Board of Commissioners relating to the
Title XX proposal of the Chapel Hill Day Care Coalition:
A. Certification of Non Duplication
B. Donation Agreement
C. Certification of Public Funds
Mr. Ward presented the three documents to the Chairman far her
signature.
122
Discussion ensued regarding the operations under the Title XX
Guidelines. Mr. Ward stated that programs must operate according to the
Title XX Guideline in order to be funded or else funding is provided by
the Organizations themselves. County monies are appropriated from the
Contingency Fund in order to keep the programs operating, however, this
money is reimbursed.
Upon motion of Commissioner Pinney, seconded by Commissioner Whitted,
it was moved and adopted that the Chairman sign the three Chapel Hill
Day Care Documents. (For Copy of Documents see Docket Hoak Number Nine,
Page / - ) -
- Discussion ensued concerning whether or not the County Manager
could hereafter sign these forms as the Commissioners Designee.
Upon motion of Commissioner Pinney, seconded by Commissioner Whitted,
it was moved and adopted that the County Manager would hereafter sign
these forms, however, the Board would receive the final Contract for
their approval.
The Chairman directed the Board's attention back to Item #12-H
Disposition of County Social Services Department's request for eight
additional case workers.
Commissioner Whitted moved that $7,500.00 be appropriated from
the Contingency Fund to the Department of.Social Services to fund
one Social worker TI; three Social Workers ; and one Typist II.
Commissioner Gustaveson seconded the motion.
The Chairman called for the vote.
Voting aye were Commissioners Garrett, Gustaveson, and Whitted.
Voting nay were Commissioners Piney and Walker.
The motion was declared passed.
Commissioner Pinney stated that for the record he would like to
- say that he thought this action was a gamble.
The Fiscal Officer was asked to prepare an amendment for reappra-
priatian of the Contingency Fund.
1975-1976 BUDGET ORDINANCE
AMENDMENT
"The 1975-1976 Budget Ordinance of Orange County as adapted on
June 18, 1975, and subsequently amended, is hereby amended as
follows:
Change the appropriation for the fallowing line :items in the
funds indicated:
FUND - ITEM TNCREA5E
(DECREASE) fi0 TOTAL
General:
To Social Services 7,500.D0 469,238.
Contingency (7,500.00) 292,078.
Social Services:
Personnel 7,500.00 426,896.
Change the revenues and fund balances estimated to be available
to meet the foregoing appropriations in the funds indicated:
FUND - RESOURCE INCREASE
(DECREASE) TO TOTAL
Social Services:
From General Fund 7,5DO.D0 469,238.
Adopted this the 1st day of December, 1975."
12~
The Chairman referred to Item #5 on the Agenda: Appointment.
A. Two vacancies now exist on the Chapel Hill Board of Adjustment
as Alan 5tiven is no longer eligible and Ms. Jane Stein has been
appointed to the Chapel Hill Planning Board.
The Chapel Hi11 Board of Adjustments has not met since last summer
and consequently has not had an opportunity to suggest replacements
for these persons. The Board will meet again early in December and
will make recommendations at that meeting.
The Board of Commissioners agreed to defer these appointment until
recommendations are received from the Chapel Hill Board of Adjustments.
B. The Term of Howard Welch as a Director of the Triangle Housing
Development Corporation has expired.
The County Manager advised the Board that the Triangle Housing
Development Corporation meets annually. this item was deferred in order
to give members of the Board sufficient time to seek an appointee.
C. The Term of Milton cheek as a member of the Carrboro Berard of
adjustment expired in October. The Term of office for a replace-
ment (or reappointment) is three years.
The Clerk was instructed to write Mr. Cheek to see whether or not
he would agree to be reappointed to this Board.
D. Ned Smith, a County appointee to the Carrboro Board of Adjust-
ment, has moved from Carrboro. His term of office will expire in
October, 1976. Appointment to this Board was deferred.
The Clerk was requested to write the Carrboro Board of Adjustments
for recommendations to this Board.
E. One vacancy on the Orange Gounty Board of Adjustment as
Dr. Gail Hill will not be able to accept the appointment tendered
by the Board of Commissioners.
Mrs. Garrett presented to the Board the name of Nancy Laszlo to
serve as 1st alternate to the Orange County Board of Adjustment as a
replacement for Dr. Gail Hill.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted that Ms. Nancy Laszlo be appointed as
1st alternate to the Orange County Board of Adjustment.
F. Ms. Nell Andrews should be formally named as a member of the
Eno River Task Force.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that Nell Andrews be appointed a
member of the Eno River Task Force.
G. The following County Officers serve at the pleasure of the
Board of County Commissioners for an indefinite term of office;
1. Clerk, Board of Commissioners
2. County Attorney
3. County Finance Director
4. County Manager
Upon motion of Commissioner Pinney, seconded by Commissioner
Whitted, it was moved and adopted that Betty June Hayes, Clerk .to the
Board of Commissioners; The Law firm of Winston, Coleman, and Bernholz,
County Attorneys; Neal Evans, County Finance Director; and S. M. Gattis,
County Manager be reappointed for a term of one year.
The Chairman referred to Item #8 on the Agenda: The Child Support
Enforcement Agreement to be approved by the Board of Commissioners. An
appropriation to fund this position will be necessary.
County Attorney, Steve Bernholz, stated that A. B. Coleman had pre-
pared the document and it was ready for signature. Mr. Coleman had met
with persons throughout the State concerning this program and he was
not enthusiastic regarding the program.
Commissioner Walker informed the Board that his
that in some areas the bounty had brought back $4.00
spent.
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understanding was
for each $1.00
Further discussion ensued.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, the Board moved and adopted that the Chairman sign the Child
Support Enforcement Agreement with the State of North Carolina.
(For Copy of Child Support Enforcement Agreement see Docket Book
9 , Page /_." .` ) .
The second portion of this item regarding the appropriation of
funds was delayed until Mr. Coleman could be present.
Discussion ensued among members of the Board regarding the type
of heat to be used in the Cultural Arts Center in Chapel Hill. It
w.as the opinion of the Board of Commissioners that in the very early
stages of any construction of County Buildings, the question of heating
and air conditioning should be referred to the County Energy Task Force.
Commissioner Jan Pinney was authorized by the Board of Commissioners to
discuss with the Chapel Hill-Carrborc School Board the type of heat to
be used in the proposed Cultural Arts Center.
The Chairman referred to Ttem #14 on the Agenda: Representatives
of the Orange Grove Volunteer Fire Company and the Orange County Fire
Commission have executed the documents necessary to authorize the
creation of the Cane Creek Fire District: (This allows a portion of
the Orange Grove Rural Fire Protection District to qualify for a 9-A
Fire Aistrict Rating). This document must be approved by the Board
of County Commissioners before it is submitted to the North Carolina
Fire Insurance Rating Bureau.
The County Manager present the following application to the
Board far their approval:
"Application is hereby made by the Orange Grove Volunteer
Fire Company of Orange County for qualification under the
provisions of a Resolution adapted by the Board of County
Commissioners of Orange County, on March 20, 1975, for pro-
tection of Cane Creek Fire District.
The Orange: Grove Volunteer Fire Company of Orange County hereby
agrees to meet all of the standards and comply with all of the
provisions set forth in the aforesaid Resolution, as consideration
for qualification.
IN WITNESS WHEREOF the Orange Grove Volunteer Fire Company of
Orange County, pursuant to a Resolution adopted by its Board of
Directors or Governing Body on September 2, 1975, has caused
this applicatior_to be duly executed in its name. by the under-
signed officers.
ORANGE GROVE VOLUNTEER FIRE COMPANY
OF ORANGE COUNTY
ATTEST: Quentin W. Patterson (s) By: Edward S. Johnson (s
Secretary or Treasurer President
Charles W. Sni es (s)
Fire Chief
December 1, 1975
In accordance with the provisions of Section 2 of the aforesaid
Resolution, the Orange County Fire Commission has inspected the
Orange Grove Volunteer Fire Company of Orange County, its equip-
ment, personnel, organization, and method of operation, and hereby
certifies that the said department does meet the minimum standards
of the Resolution.
Orange County Fire Commission
BY: Nozman Walker (s)
Fire Commissioner
r
• i'~`SUpon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted that the Chairman of the Board sign
the application.
The Chairman referred to Item #15 on the Agenda: Plats from the
Orange County Planning Board:
Chris Edwards, Assistant Planning Director, presented the following
plats for the Board's approval:
A. Thomas L. Summey; A minor subdivision.
This property is situated near SR #1554 in Eno Township. Two
2 acre parcels are being severed from a 107 acre tract. A deeded
easement will furnish access to a public road.
Upon motion of Commissioner Pinney, seconded ]iy Commissioner
Whitted, it was moved and adopted that the plat of Thomas L. Summey
be approved.
B. Stoney Brook: Final plat.
This subdivision is located in Chapel Hill Township near the inter-
section of SR #1944 and SR #1005. A11 this subdivision other than the
rear portion of six lots lies in the Carrboro Planning jurisdiction.
The Carrboro Planning Authorities have approved the subdivision.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that the Stoney Brook Plat be
approved.
C. Robin's Wood: Final Plat.
This subdivision lies off SR #1944. This is a corrected plat
being put on record to adjust minor errors in the plat previously
recorded.
Upon motion of Commissioner Whitted, seconded by Commissioner
Pinney, it was moved and adopted that the Robin's Wood Plat be approved.
County Attorney, A. B. Coleman, ,7r., joined the meeting at this
time and the Board continued their discussion of Item #8 - the Child
Support Enforcement Agreement. .The Board spoke of appropriations to
fund the position necessary to carry out the Agreement. The County
Attorney, the Fiscal Officer and the County Manager were requested to
meet and present tc the Board a recommended appzopziation for this
position.
The Chairman inquired about the Erosion and Sedimentation Ordinance.
The County Attorney stated that no policy changes had been made in
the Ordinance, only editorial changes or ones to conform to the General
Statutes.
Discussion ensued concerning the appeal procedures and who would
hear the appeals.
Members of the Board were asked to study the Ordinance and to con-
tact the County Attorney if they had any questions. The Erosion and
Sedimentation ®rdinance will be added to the Agenda for the December 16,
1975, meeting.
The Board of Commissioners adjourned the meeting at this time to
go into Executive Session to discuss tax matters.
The Board reconvened from Executive Session.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved that the Board accept the Tax Supervisor's re-
commendation to accept George Watts Hill's offer of $7,500, per acre,
for Tract #6297, Chapel Hill Township.
The Chairman called fox the vote.
Commissioners Gustaveson, Walker and Whitted voted aye.
Commissioners Garrett and Pinney voted nay.
The Chairman declared the motion passed.
. ..i26
The Tax Supervisor presented to the Board a late-listing appeal
for John B. Carroll of 640 Morgan Creek Road.
The Chairman referred the Board to Mr. Coleman's Memorandum
regarding refunding of late tax listing penalty.
.Commissioner Pinney stated that if the Board refunded one appeal
they would be obligated to refund all.
Upon motion of Commissioner Whitted, seconded by Commissioner
Pinney, it was moved and adopted that the Board deny the late-listing
appeal of John B. Carroll. -
The Tax Supervisor reviewed the following request previously sub-
mitted.
Brigitte Abrams, Chapel Hill Township, late-listing charge of
$34.83.
Upon motion of Commissioner Pinneu, seconded by Commissioner
Whitted, it was moved and adopted to deny the late-listing appeal of
Brigitte Abrams.
Francis Chan, Chapel Hill Township, late-listing charge not given.
Upon motion of Commissioner Whitted, seconded by Commissioner Pinney,
it was moved and adopted to deny the late-listing appeal of Francis Chan.
Charles Holloway, Chapel Hill Township, Tract #902,8, $38.23; and
Tract #2788, amount of $9.87.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted to deny the late-listing appeal
of Charles Holloway.
Jon W. Tolle, Chapel Hill Township, late-listing charge of $37.15.
Upon motion of Commissioner Gustaveson, seconded by Commissiener
Pinney, it was moved and adopted to deny the late-listing appeal of
• Jon W. Tolle.
Annie L. Wright, Chapel Hill Township, late-listing charge of $19.37
on real property and $3_46 charge on personal property.
Upon motion of Commissioner Pinney, seconded by Commissioner
Whitted, it was moved and adopted to deny the late-listing appeal of
Annie L. Wright.
Mr. Whitted inquired of the Tax Supervisor if his Department would
continue to use the NADA Book to estimate the value of motor vehicles.
Mr. Laws replied that he did not want to use two books and he preferred
to use the NADA Book.
Upon motion of Commissioner Whitted, seconded by Commissioner
Gustave-son, it was moved and adopted that the Tax Department use the
NADA Book to access value of motor vehicle.
The~Chairman referred to Ltem #7 on the Agenda: The Board has in-
formally agreed to create a Recreation Advisory Committee of fifteen
members. Each Commissioner will name two members. The County School
Board, the Chapel Hill-Carrboro School Board, the Carrboro Recreation
Commission and the Chapel Hill Recreation Commission will each name
one member and these persons shall name an additional member who shall
be the Committee Chairman. The Board of Commissioners has also agreed
to submit a charge for this Commission at this meeting.
Commissioner Gustaveson presented to the Board an outline of the
-_' proposed charge to the Recreation Advisory Committee. He stated that
the Recreation Advisory Committee should assess the County needs as
well as attend to planning functions to improve short and long range
goals in recreation leadership. Other features of the charge were to
develop with the County staff written' policy guidelines and permanent
records to be presented to the governing body. He stated that after
18 months the Committee should recommend to the Board of Commissioners
models given to unique policies in Orange County.
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The Board suggested that Commissioner Gustaveson and the Recrea-
tion Director refine the charge to be presented in final form at the
December 16, 1975 meeting. The Clerk was requested to write the
Orange County School Board, the Chapel xi11-Carrboro School System,
the Chapel Hill Recreation Department and the Carrboro Recreation
Department and request recommendations from these various Boards to
the Recreation Advisory Committee. These recommendations as well as'
recommendations from the Recreation Director will be needed by the
December 16, 1975 meeting in order to appoint the Advisory Committee
at that time.
The Tax Supervisor presented to the Board another appeal for re-
fund from a Mr. John Blackwood of Chapel Hill Township. Mr. Laws stated
that there was an error in measurement of Mr. Blackwoad's property on
the Tax Office's part. The refund recommended by the Tax Supervisor
was $60.48.
Upon motion of Commissioner Pinney, seconded by:.Commissioner
Walker, it was moved and adopted that the refund of $60.48 for Mr.
Blackwood be made.
The Board of Commissioners adjourned to go into Executive Session
to discuss a legal matter.
\~lQ~.
Flora Garrett, Chairman
Agatha Johnson, Acting Clerk
sz8
State of North Carolina -
Department of Human Resources -
• Division of facial Se~'vices
COUNTY BOAR]? APPROYAD
.This is to certiSy that on Aq,~~~ 2~ ..,~~ ].9 75 ,- the •
County Board o~F Social Services, in afYa.cial sessi.onf
approved the Purchase oY Services Agreement Da Cara Health Su ervision
name of service program -
arith District Health Dsoartmant
• provider
Date ~_ax Secretary
,. CE~tTIFICATION OF NCN-DUI~LICAT20;r
xhis is`to certiYy that the aLove-reYerenced program does not duplicate
existing service(s) and will be part of an 9.ntegrated local. human r~px~vioe
delivery system.
County Disectax of Social Services
Chazrrran of .the County Commissioners a~•
xheir Designees or Agency executive
Secuz-irg the Gantract
/~ ,~~ ;~
Aate bate
ASS--~.y1.8 (y--75i
Contract Services
l~g NORTH CAROLINA
DyPARTMEi~iT 0~' HUMAN RESOURCES
bivision of facial Services
CERTIFICATION OF PUBLIC FUNDS
The.Oran a Cou t r ; certifies that 2 25Q
agency amaunt -
in cash or certified public expenditures is available for the period
January pl 19 75 through June 30 7.9 76
and that it will be used to provide ~ Health_Support ___ __ ,,,_, ~~ _
• services~in Qx'ange Count xt is further certified that -
geographic area
the full. amount of funds indicated here:.n is eligible to be used as match
for appropriate Federal funds.
b
Date Authorized Representative
:Orange Coun~ty~gard o±~ rt,211~~1;,,~,~4.OS.?'s
- -- - .. - . . Agency
NORTH CAROLINA _.
DE:PARTP~NT OF HUMAN RESDURCES
Division of Social Services
DONATION AC,REr~NT
The Qra 9 Cotin+ Eioard or Cam;ssioners agrees to donate to the
donor
- Qr's3i7Qe County ~ ~`~~~ to .
specify DSS amount
be matched to the fullest extent possible with appropriate Federal funds
axed to be used fox Health SuppDrt'
service in Cra,ga County The donation as for-the .
geographic area
period Janua*_- C1 , 1°73 , through Juns ?A , a,9 70 ,
and wi11 be made •/early ben. ^~-nin,S January Ol ~ 19 75
(M,Q, etc.
~~~ ~Il ~lJ K_J_ L G~
_ DSS Represantati.ve Donor Signature
-
i
~ ff ~ J~
- -
Dat Date .
~~v
PIEMORANDUM OF ll;iDERSTANDING
the County Commissioners);
_. )
~ (List each law
• ~ enforcement agency
~ separately)
[hereinafter referred to collectively as the Law Enforcement Agency(ies)];
• and the North Carolina Department of Human Resources (hereinafter referred
to as the Department),
The purpose of this agreement is to implement the child support
enforcement provisions of Title IV-D of the Social'Security Act (PL 93-647,
G2 USC 1397 et se~.)~ corresponding federal regulations and Chapter 1~.OA
of the General Statutes of North Carolina (hereinafter referred to as the
Child Support Enforcement Program).
To effect this purpvse9 the above-mentioned parties in consider»
ation of the mutual covenants and promises hereinafter contained hereby
agree to the following duties.
I~The County Commissioners agree tom
A. :Assist the Department fn providing the services
'necessary to establish paternity and secure support
for children receiving Aid to Families with Aependent
Children (hereinafter referred to as AFDC) benefits
under Title IV-A of the Social Security Acts or not
receiving AFDC, within the meaning of federal regu-
lations pertaining thereto and in accord wits the manual
to be published and provided by the Department. Ir. the
case of services extended to non-recipients of AFDC
benefits a fee may o: s~ y not be charged.
This is an agreement between the Board of Commissioners o£
County (hereinafter referred to as
'131
~. Designate a local. agency within cpunty government
to administer and monitor the local. operations of
the Child Support Enforcement Program. At the
option of the County Cocsmtiissioners, all or paxt
of Program Services may be contracted to a third-party
designee. (Hereinafter the designated local agency
ar third party shall be referred to as the Designee.)
C. Maintain such records as are deemed necessary by the
Department to assure a proper accounting far all costs.
These records shall be made available to the Department,
the State Auditor, or any authorized representative of
the State of North Carolina for audit and should be
retained for ) calendar years after the expi-
ration of this contract unless pexmission to destroy
them is granted by both the Department and the State of
North Carolina.
p. Make financial, program progress, and other reports as
requested by the Department.
E. Require the Designee to pexform the following functions:
(1) To refer all cases needing Legal advisement or
action imolvfng absent parents to the appropriate
courts or law enforcement officials immediately
whenever:
(a) The absent parent refuses to be fntexviewed,
to provide necessary informatipn, or to
discuss his parental responsibilities.
(b) The absent parent refuses to make a.contribu- -
tion in accordance with his financial ability.
(c) There is reaspn to believe that the parent
may flee or hide if contacted by the Designee.
(d) The absent parentis previous history indicates.
that, although he is capable oP a support
contributions efforts by the Designee to obtain
support would be or have been fruitless.
_2_
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(e) Legal action is necessary to establish
paternity. '
(f) The absent parent has entered into an agree-
ment with the Designee for support of his
child and has defaulted upon that agreement
without showing good cause fox such default.
(g) Assistance is needed from a law enforcement
agency to locate the absent parent.
(2) To provide law enforcement officials with pertinent
infaxmation needed in locating putatave or deserting
fathers establishing paternity and securing support.
(3) To assist courts and law enforcement officials in
carxying out efforts to establish paternity and
secure support for children born out of wedlock ~•
and to secure support for children deserted or
abandoned by their parents.
(4) To use reciprocal arrangements with other states to
obtain ox enforce court orders fox support, and to
cooperate with law enforcement agencies with r.egaxd
to reciprocal actions.
(5) Tv cooperate with the Child Support Enforcement
agencies in other states in locating the absent
parents of children against wham support petitions
-have been filed in such other states and in
attempting to secure parental compliance with
court orders for support when such parents are
residing in the agencyfs own county.
(6) To assist other states with:
(a) Locating an absent. parent, establishing
paternity and/or securing support far a
child in the other state;
(b) Enfoxcing of all court orders referred by
another state pursuant to Uniform Reciprocal
Enforcement of Support Act;
(c) Collecting any support payments from the
absent parent and transmitting them to the
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1~a3 Department which will. fozward them to the
state to which they are ocaed;
(d) Providing sufficient information for action
on child support related cases.
(7) To refer to the Department cases which xequire• '
location activities in other states and to provide
sufficient information to the Department which may
assist the other state(s) in locating and identifying
an absent parent.
(8) To take action to establish9 by legal process
paternity or support obligations where necessaxy~
' in accoxdance with G.S. ilOA-5.
(9) To. maintain a system for identifying those cases
in which there has been failure to comply with support
,~
obligation and to notify the delinquent individual(s)
- in order to enforce the obligation and to collect '
the current support .obligation and any arxearages.
Such attempts Co collect support must include the
institution of the following procedures as applicable -
' and. necessary:
(a) Contempt proceedings to enforce court order;
(b) Garnishment of obligors wages pursuant to
G.S. 110A-9~ G.S. 50-13.4 and 42 U.S.C. 459;
(c) Attachment of real or personal property pursuant
to G.S. 110A-8;
(d) Application for collection of the delinquent
child support obligation by the United States
Secretary of the Treasuxy in instances where
the support obligapion is owed to childxen who
receive AFDC benefits; -
(e) Institution of action under the Unifoxm
Reciprocal Enforcement of Support Act pursuant
to G.S. 52A-1/32(3).
(1D) To establish a system for receiving and acCing upon
.child support enforcement sexvice applications and
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.134
referrals from local County Departments of Social '
Services in accordance with Section 3D3.D of the
federal regulations for the Child Support Enforcement
Program.
(11) Ta establish a local Parent Locator System (PLS)
which will utilize the records of various local
agencies boards and bureaus xn an effort to
locate the whereabouts of absent parents. If no
information fs obtained from these sources, the
local PLS will then contact the state PLS as estab-
lisped under the State IV-D Plan submitted by the
Department and approved by the Department of Health
Educati.on~ and Welfare for parent location services
provided for by G.S. 110A-12..
(12) Within thirty (3p) days following the execution of
this agreements the Designee shall. submit to the
Department on forms provided by the Departments an
application for approval of the local agency's
program under this agreement. Such applications shall
include the listing of participating personnel and
the proposed program budget for the first calendar
year following the effective date of the agreement.
It is agreed that the Designee shall provide suffi-
cient personnel to perform the functions listed above..
P. Maintain an inventory of all equipment approved for purchase
or lease in accordance with guidelines provided by the
Department to the Designee. Dpon expiration of this agree-
ment~ all such equipment shall be disposed of in accordance
with applicable federal regulations and state. law.
I - he law Enforcement Agency agrees~to
~~ s
A. Undertake efforts which will lead to the legal determination
of paternity for children barn out of wedlock and far the
securing of child support.
13. Undertake efforts to locate the absent parents of children
who are AFDC recipients when said parents are failing to
comply with existing court orders for support paymer_~s or
against whom petitions for orders of support have bean filed.
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~3.r] C. Interview the absent parent or make arrangements for
an interview by the appropriate agency iF the parent
lives outside the jurisdiction of the Law Enforcement
Agency.
D. Supply staff upon request to the Designee for training
social services employees and the staff of County
Commissioners' Designee. --
E. Conduct a review of any case upon the request of the
Department or the Designee.
F. Provide consultation to the Designee on the appropziateness
of legal action or other measures in given cases.
III ~ epartment agrees, in accordance with the State Plan Filed
y e Department with the DeparGnent of Healthy Education,
and Welfare pursuant to Title IV-D of the Social Security Aqt,
that the staff of the Child Support Enforcement Section of '
the Division of Social Services of the Department shall be
liaison between the County Cormnissioners~ the Designees and
the Department. Furthermores the Department agrees that the
Child Support Enforcement Section shall lend technical
assistance and advice to the County Commissioners and the
Designee.
IV. It is further agreed theta
A: The County Coimieissianers shall require that the Designee
shall reimburse the Law Enforcement Agency(ies) for
services provided. to the'Designee in accordance with
this agreement. The County Commissioners shall further
require that the Designee submit monthly requests to the
Child Support Enforcement Section for reimbursement of
expenses approved by the Departments on forms approved
by the Department, For services provided by the Law
Enforcement Agency(ies) and far reimbursement of the
expenses of the Designee as approved by the Department -
as allowable expenses for the Child Support 'c'.zforcement
Program. The Department agrees to reimburse the County
Corcunissioners or the Designee at the rate of seventy-five .
(75) per centum of approved expenses submitted to the
-fi-
B.
bepart~ent for services rendered by the Designee and the 134
Law Er_force:tent Agency(ies) under this agreement.
In accordance with Section 457 of Title IV-D of the Social
Security Act, the',Depar.tment will make incentive payments
to the County Commissioners for the enforcement and collection
of the support rights assigned to that county, any other
county of the State of North Carolina, or another state, in
~.
t
i
an amount equal to twenty-five (Z5) per centum of any amount
collected less any amount properly payable to AFDC recipients
under appropriate federal regulations which is attributable
to the amount represented by twelve (12) months' support obli-
gation, and in an amount equal to ten (10) pex centum of any -
amount collected which is attributable to the support ob13»
gation awed for any month after the amount represented by
twelve (12) months` support obligation has been. collected.'
All amounts so collected shall be distributed in accordance
with Section 457 of Title IV-D of the Social Security Act.
C. All information provided by the Department to the Law Enforce-
went Agency or the Designee and all information obtained by
the Law Enforcement Agency(ies) or Designee in performing
child support enforcement services under this agreement shall
be used only in the furtherance of the ,purposes of this agxee-
meat and for no other purpose. Nothing in this agreement shall
be construed to permit the use of any information in violation
of ar.y North Carolina or Federal law.
D. To comply in the performance of their duties with this
agreement with the provisions of the Civil Righrs Act 'of
1964, the regulations of the pepartment of Health, Education,
and Welfare issued pursuant thereto, and the provisions of
.Executive Order 11246 as amended by Executive Order 11375
:regarding Equal Employment Opportunities.
E. This agreement shall be effective for a period of five (5)
calendar years following its execution.
F. This agreement may be modified upon the agreement of both
parties, provided, however, that this agreement shall be
modifie4 by operation of law upon the amendment or repeal
of the governing ',state or federal laws.
_7_
13`7
The Department, the County Commissioners, and the l.aw Enforcement
• Agency(ies) have caused this agreement to be executed by their duly authorized -
representatives as follows: -
- Executed in ~ North Carolina this
r~ .. r
the day of ~ , i9~~,
for the North Carolina Department of Human Resources. _
By: ~ ~ -
av T. a ex y
' Secretary
North Carolina Department of Human Resources
~32~ North Salisbury Street
Raleigh Nerth Carolina 27fi11
Executed in s North Cardlina, this
the day of •, 19 ,
for the Board of County Commissioners of Co~Ynty.
By.
Chairman
Board of Couunissioners
Executed in s North Caxolina~ this
the day of ~ 19 s
for the following law Enforcement Agency(ies).
By.
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138
Law Enforcement Agency(ies) - Continued
sy: --
•
D
Approved as to foam.
Rufu's L. Edmisten
Attorney General
ay:
Narth Carolina Department of Justice
Post office $px b29
Raleigh? Noxth Catalina 27602
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