HomeMy WebLinkAboutAgenda - 10-21-1980 - i
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AGENDA
ORANGE COUNTY BOARD OF COMMISSIONERS
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OCTOBER 21 , 1980
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COMMISSIONERS ROOM, ORANGE COUNTY COURTHOUSE
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HILLSBOROUGH, NORTH CAROLINA
7:30 P. M.
1 . Does any Board member desire to modify this agenda?
2. Does any member of the audience desire to comment about:
A. Matters on this agenda?
B. Matters not on this agenda?
3. The Acting Clerk submits minutes of a meeting held October 6 for Board
consideration.
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4. A Public Hearing concerning franchising cable television in the non-
incorporated area of Orange County.
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5. The Department of Transportation requests this Board approve the addition
of Fox Run, in Stoneybrook Subdivision, to the state road system.
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6. The PlanningBoard recommends that road construction requirements attendant
to developing the Carrie Copeland Subdivision be suspended.
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7. Representatives of the Prisoners Advocacy Council desire to discuss pro-
visions for improved interim and long-term services at the County Jail .
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8. The Manager submits four CETA Contracts for Board approval
A. Contract # 134943820
$ 49,991
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B. Contract # 134853820 74,748
C. Cont'ract # 134803820 128,587
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D. Contract # 134893820 74,385
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9. Representatives of MICA will submit proposals for,
A. Sick leave exclusion from Social Security (FICA I)
B. Direct payment of Social Security Taxes by employer (FICA)
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10. The Managerirecommends the County execute an agreement with Distributed
Data System4, Inc. for the marketing of the County's Tax Assessment
System.
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11 . The Managerirecommends the Board authorize execution of certain Assurances
of Compliande with the Department of Health, Education and Welfare under
Title VI of the Civil Rights Act of 1964; and Section 504 of the Re-
habilitation Act of 1973 as amended; and an Equal Opportunity Employment
statement. iThese certificates relate to grants of the Department of
Aging.
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12. Appointments:
A. The Board should name three persons to the CHSA Selection
Committee, a Commissioner or your designee, a provider and
a consumer.
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ATTACHMENT 5
x NORTH CAROLINA STATE DEPARTMENT OF 'TRANSPORTATION
" DIVISION OF HIGHWAYS
SECONDARY ROAD ADDITION INVESTIGATION REPORT
County _ Orange Co. File No. Date
Township C a el Hill. Div. File No.
f
Local Name Fcc Fam except. cult-de.-sac Subdivision Name
Length 0.14 mile Width 201 Type 1-2 Condition Gooci.........___
Is this a subdivision street subject to the construction requirenic.nts for such
streets? _Yes Recorded jo.15—?G. Book 2,_ Page 129
Is this a subdivision street subject to participation paving? NIA.
Number of homes having entrances into road
Other uses having entrances into road One 1 iIgme
Does right-of-way obtained meet present Division of highways reciuiremeni2} �
If not, why?
Is petition (SR-1 attached?
Is the County Commissioners` Approval SR-2) attached?
If not, why?
Does the road meet present minimum Division of Highways t:nnst,ruction requirements?
The 0.14 mile meet regarements, the cul-de--sac doe 3ic,'t,
If not, state what is needed to place the road in an acceptable maintenance
condition under Remarks and Recommendations.
Is a map attached indicating information for reference in locating road by the
Planning Department? Yes
Cost to place in acceptable maintenance condition: Total Cast. $ Cf,-00
Grade, drain, stabilize $ Drainage $ , Other
Remarks and Recommendations The cD de--sac was b and traes in the center -iJbi a
11 a e safety and nntenance pro ems. R.ecommeid that road be addeddthout
ac.
Reviewed and approved
Board of 'transportation Member
Reviewed and approved 3. w° ilattdns 11 . Janes
DIVISION ENGINEER DISTRICT ENGINEER
��. .. ' (Do not write in this space :-
., ►'� For use of Secondary Roads Dept.)
N O V
a `°.,, , Petition No_ _
, a (Do not write in this space
c �,.�, ` ,.° For use of Planning Dept.)
Form SR-4 (7-77)
AGENDA ATTACHMENT G
C3RANGE come tY PLANNINCx DBPAMTIVEOrNU
HILLSBOROUGH
NO CAROLTIU
27278
o
IT
«7 Caln�ti�
MEMO
_.. ...__ . . - TO" Sazn Gattis, County Manager
FROM: Planning Staff
SuBjECT: Planning Hoard Recommendation
DATE: October 9, 1980
The Orange County Planning Board at their meeting on. October ?.
1980 recommended that the road construction requirements for the Carrie
County Subdivision Regulations
Copeland Subdivision be exempted- 'The
allow such exemption under Section IV-B-5.b.r E7itku the approval of
the Planning Board and County Commissioners-
Please include this item vn the County Commissioners Agenda at the
earliest date ,possible.
a
ATTACEiT NTS
/sW
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• ORANGE COUMY l'LANNYG- X]:GPARLENfi
FORTH CAROLUgA,
2778
p
_W AMING BOPM MZMUMS
October 7, 1980
Members Present: Dr_ Logan Irvin, Att Cleary, Dr. a'obn Wilson' Dr
-
Steve Mzer, lrs, Hazel Lunsford, Ms. Nancy Laszlo,
Robert D. Greer
Staff Present: dim polatty, Rick CannSitYr Sue Wagoner
Item -41 There were no additions to the agenda-
IF
Item 02 Minutes Pram September 29, 30, 1980 meetii1gs were approved
with corrections.
Item m3 Carrie Copeland Subdivi-si..on
Mr. Cannity used airial photagraphs and a County tax map to
show the exact location of t1le Copeland properties, 3ie thr-_r,-
explained the reason for regnesti.ang exemption for fi3�e road
construction with the understanding that the Planning Depart-
ment would be given a maintenance agreement and pravisians far
an _escrow account would be made if necessary-
mr. CaniiitY stated that Dalton Loftin, AttorneYr Nancy and
Carrie Bateman were present to answer any questions the
Board might have.
j Dr. Irvin asked if the Batemans could not afford to hvaUd
this road until the lots were sold;
Mr. Cleary stated this was a"single ownetship situation. Mr_
! Loftin: 'stated the surveyor had put Carrie Bateman► an the plat
because she was'the person listed on the tax records as the
owner. Be gave a brief history of„the Copeland propertYr
he would provide a more detailed explanation upon re—
saying
quest. Mr.
Loftin indicated that the Owners of lots and 3
j were unwilling to sign a road maintenance agreement at this
time_
Dr. Kizer asked if a right of way had been reserved in the
# deeds. Mr_ Loftin answered Yes, saying the road extends
f troh lots I and 2, lie
from a state maintained road o€hthe proposed road had been
1 further indicated that p
recorded in 19 02. _
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•5
e%
planning Hoard. 14inutes
pctober 7, 1980
page 2
Dr. Irvin asked if there were any other questions-' Tyr. ViZsOn
asked for a brief statement of the issue. .NJC,, Cann%ty briery
explained the issue-
Mr. Cleary moved to apprave SM11. vision.
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Dr. ICi,zer -- second,
Dr_ Irvin asked for discussion.
Mr. Cannity statea that the y'
,proposed division required Count
Planning Department approval.
Mr. Loftin disa5ree8.. further stating his clients have been seeking
a building pexmit from the planning Departmenit since the end of
August, 1980_
Mr., Cleary called the question.' I)r- Xrvin snowed notion uldch
carried unamiausly. Dr. Kizer asked that :Lt be noted the Planning
Staff had recommended this exemption be approved by the Board..
ORANOV. COrqM PLANTITNCx x3F-1''.ARTD E'' T
l`ORTEE CAROX=1f..
P,=7S
A�
a
MEMO
TO Planning Board
FROM Planning Staff
SUB3ECT: Carrie Copeland Subdivision:Road Construction Eaxemption
DA'C'E: September 30, 1990
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The Orange County Planning Department recoMMenas that the
Orange County Planning Board approve an exemption for the constructiOn of
T road. The subdivision Ordinance allows the Board t:o
a private Class 'C'
grant an exemption in Section iv-B-5-b.
The exemption would require the construction of (tee Class
road to any lot at the time the lot was sold or a building pe rsit rem en t.at-
The property owner will record a right-of-way road maintenance agreement at.
the time or the recordation of the subdivision.
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GA5AC,' �
'�ta•k .
.4.24 At �/ t
f 1,
1,�iii •• � _ -
F�t.lt;, §473
-
-��� 5AC
fiY L,3 AC, i
76.29 AC
3 AC.
8436
- -� 26 4352 i
` {
125 AC
ir: f 10-iJ AC !{
CL
� .i 't•7C, p
to
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Where deemed necessary t4 the proper
:.
understanding of a proposed subdivision or
=e development plan, centerline profiles of
streets may be requixed.
Name of abutting recorded subdivisions.
icte' Abutting acreage not stxbdi.vided shall be
! designated as "Lands of _ (oier)
I _;g - ,5 ,k. The accurate -location a.?�des.cr3 ptiork
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of all monuments.
on,
5 ._ k A'space shall be &Ovacle2.. are t�xe face
.;Of the Final' Plat: not less tlaaan 3 iAChes
'.by 3 inches, for the ampkessa.on of 'a
Final Approval Stamp_ ' Said space shnIx
be free from any -letterx3ag ax draw'ncy
'e and in the case of a b1uepr3.�t si�a17. -
-, ;be blocked oiit to print wbi,te«
A. if the subdivision is to con_�taa:n private
roads, a verified aert.i,fi•cate,r -s-igned by the
owner of the land sUbdivide-c7,, at4-esta.ng
aalzs' :the fact that an a nst.r'ument WS-11 be .recorded
•.
%.• _. with the: Final. Plat �,�]xich gut:e rod s a e
right of access to any pxi.vate aaci in the
subdivision by all dots sexver3 by the road,
and (b) maintenance of e►n�. p�ci rya to a odd i n
:ar the subdivision at the stanc Is set :F
k+ .appxova The guarantees of right of access
OZ and maintenance of private x�aad in the sub-
":-or
division shall. run -.6th the 3-and and the
guaranteeing instrument Will I3e presented
ll to the Planning Boaret for appx�ol�al with the
;Final Plat- _ ..
Where the constrticta ari of a pxi vats xoac3
n i.s to be postponed, pursuant to ,erection IV-
,, S-5-b, lots served by that road shall be
designated on the plat: " `his Z.ot may, riot
`-be sold, nor a building permit issued until the access road has ;aeen Total 1t as specified,
e for this subdivision.`"
6- it is recommended that the °1`3anrnal of Practice
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for Land Surveying in North Carol-Ina" by the N. C_
Board of Registration be followed. in preparing
the Final Plat.
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' ... e..;1•A.: �i s.—{y- k.,l t µ.w.fir. •w,��au�:�_:•:•.,'J^T'::f:..:-= ".....V-°,SZ,ow?— — ''_r.....�:..—�::t�:?+�':
Y
�V _` � .,. 5_ LOT Z,AX'oL7'� ., „. 4.....
xV B - 5 - a.
The shape and orientation °f cats shall
be appropriate to the location °� the suh--
division and the development intended_
Commercial and industrial lots shall. be of -
sutfi.cient size to
include °axkinge all ice
eet . .
facilities, and Off-str and emPl.oyees_
vehicles used by
., dedicated
_ ; - 5 -- b. Each lot shall. abut a publap roved with
street except' in subdivisions app
private roads. In the latter situation, :
roved `
each lot xnust whichprsyshawn°on theaappate
maintained road
p7 at and constructed puironnrecosnmeandatiox�aos..
sat by grange County- ::
the Planning Board and x�ith the nstructi n ,
the County Commissioners, the _construction of
the access road may be postponer) until i-5ix3ld
ent is undertaken. In
i,ng or market development aced on
this case the lots shall be design _ xx°r
the plat- "This lot may not be sold, �.
a building permit issued, until the access taco `.
specified for 'this,subdivisa on,
has been built as sp �
Each lot must abut the street ox tact) with
.:
a fx�ntage of a least 2D feet. Except 'cohere
reverse frontage i.s desirable double frantacle
.lots should be avoided. r to eac
h and all t�he
I� B -- 5 _
C. All lots shall contar County Zonifig .0ta' Y
i requirements of the orange t ; .
nance for the zoning district an Wlaiah they 9 ,
„ are located_
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AGENDA ATTACHMENT 9
MEMORANDUM ►
TO: Mr. Neal Evans
Assistant County Manager and
Director' of Finance
FROM: Donald L. Tarkento
MICA Area Manager
DATE: October 13, 1980
SUBJECT: FICA I (Sick Leave Exclusion of Social. security
Taxes) and
FICA II (Direct Payment of Social Security Taxes
By The Employer)
This memorandum is being prepared at the .request of -you and Mr.
Sam Gattis, Orange County County Manager, for' dist:ri-bUt:i.011 t.cI t1le
orange County Board of County Commissioners. The i7n:t eDt:. of t:lii s
memorandum is to describe the FICA I and PICA 11 services pro-
vided by MICA.
FICA Y
MICA proposes to provide orange County with finauci-ai, and maiYage--
ment services which will enable the County to utily-zh t:.be prcr-
visions of section 209(b) of the Social Security Act. which
1 provides for the exclusion of sick and disabilitY Pay from
"wages" for purposes of the Social Security Act- re. sPe'
j cifically, MICA proposes to provide for- the exclusion Of the
} Security taxes from sick and disability pay by: p g
following services to Orange County:
(a) MICA will. provide legal assistance to orange
County to analyze the County's P P y,
assist in the drafting of modified or new or-
dinances; make recommendations for comPllance
J with Social Security regulations; and determine
'• the potential for recovery of overpaid taxes.
MICA will also assist. the County in obtaining
Federal approval of this plan.
(b) MICA will provide systems and financial tech-
nicians to guide and assist the County in the
modification of payroll to to insure
future sick pay exclusions and to prevent tax
overpayments for the County and its employees..
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i MANAGEMEKT tMMOVEMr CORPORAMN Of AMERICA a 617
Mop EfiEAD AVENl1£o DURHAM.NC 27707 a 911>,6B8-9621
4
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P4r» Neal Evans
October 13, 1980
Page 2
Estimated Annual Savings to Orange Count And 1'ts Employees
Count Savin s Em loo e_e 5avin s Total
$5,175 $5,175 $10,350
Simply stated, orange County and its employees are currently
overpaying Social Security Taxes, FICA Z is a payroll ac-
counting modification that will allow the County and its
employees to save those funds that are unnecessarily being
paid to the Social Security Administration.
'FICA II
FICA II is a payroll accounting modification authorized under
Section 209(f) of the Social Security Act and its private sector,
counterpart, IRC Section 3121 (a) (6) . These sections provide
that FICA tax and other payroll taxes may be computed on a lower'
wage base if the employer pays the employee's FICA tax directly
to the Social security Administration rather than paying the
employee and then withholding the FICA tax from his pay. ,
MICA. proposes to provide orange County with financial and
management services designed to convert the County's personnel
systems to allow the County's payment of the employee social
Security contribution share as allowed by 5ecti.on 209(f) of
the Social Security Act. More specifically, MICA wills
(a) Provide a detailed management analysis and plan
of implementation to give the County, a q.
cation of the savings and identification of all
costs involved.
(b) provide proper training of and education to super:--
visory and management personnel to include the
County's personnel, payroll and data ,processing
staff.
(c) provide technical supervision for computer and/or
systems modification and testing, including file
layouts; computer algorithms and logical sequences
necessary to properly code and modify the existing
computer programs to comply with the law and the
mathematical necessities involved in FICA. Ix.
Actual coding and program modification will be
done.by the County's data processing staff or
service bureau staff.
(d) Provide proper employee education for the prepara-
tion and future optimum use of FICA II.. This
Mr. Neal Evans
October 13, 1980
page 3
would include individual Letters, personal
interviews and employee group seminars.
(e) provide implementation support,
including the
handling and coordination of all systems mac3i-
fication between the County and any third Party
entity. Any fees from third party entity ark
payable by the County. Although the •County's
staff is involved in coding .the programs, MICA
will, lay out all necessary changes for modifi-
cation of all payroll systems, personnel systems,
fringe benefit programs and other affected areas..
Estimated Annual Savin s to Oran e Count Ana Its Emnloyees
Count Savings Em 7_o ee Savin s
Total
$13,900
$13.900 $27r80O
General Information on Social Securit
In .1935. Congress passed the social. Security Act, providing retirement
this country with the first oyeeeeainr>riva enindustr'y. In,
system for nearly every employ to a maximum of
1937, the tax rate was l of gross wades up
$3,000 (maximum annual. tax = $307 °
For' the first 13 years under Social Security, the rate remain ea
at 1y;, In 1950. the rates began to increase. The following
table shows incremental changes in the ICA tax for ndivi_rluai s
Maximum Maximum
Years Rate
Taxable Ea3:nin�ts T- a
19371949 1.009
$ 3,000 $ 30.00
1959 1.50 $
4,800 $ 72.00
! 1969 4.809 $
7,800 $ 374.40
1979
6.139 $22,900 $1,403.77
Legally, FICA 11 has been available since Hawever the method groups
have made use of it since that time_ past few ears
has taken on fiscal sagnificarice only during the p y
with the dramatic increases in both t . SInxI977 , thetrates
rate and the maximum taxable
and bases were almost tripled whale social Security' bene xts 11 an
were cti drasternative.Th'Ihe new taxeseandatheFtax bases are:
attrac
Q.A
A4r. Neal Evans
october 13, 1980
page 4
Year of
$10, 000 $20,000 $30.000
Reti�.�reCnen bl w New Law Cfl, d Law tqe w Old Law Te_�s Lawt
1978 52.4% 52.4% 31.9% 31.9% 21.2% 21.2%
1983 58.1% 48.4% 35.4% 30.3% 23.6% 20.6%
1988 61.1% 48.0% 37.2% 30.9% 24.8% 21..4:
66..1% 47.7% 41.6% 32.1% 27.7% 22..0'X
1998 47.0% 33.6% 37,_4% 24_7%
2098 74.8% 47.6%
51.2% 34.0% 34-1In 25..5%
2018 83.0% 46.7%
FICA IIurtlier Explained
By paying the 'FICA tax directly for its employees, OrangesCOunt3
can eliininate the FICA tax expense on the portion
deducted far FICA tax_ In the following example,
that amounts
to 6.13°.' .of $613. In other words, SAVINGS ARE GENCRATED SY NOT
FAYING PICA TAXES oN THE FICA .TAX.
Example cif FICA II Accounting Change for Employee Earning $10.000•
Prouosed-PaYrall _SyStem
Present Pa ro11 S stem -- --•--
11--2 Earnings $
10,000.00 W-2 Earnings $3.0,0!?0.0
Current Salary
$10,000.00 Salary, as adjusted 9,.4.22.41(A)
Less: FICA paid
by EmplooyA yee 613. ~0-
Less: F - paid 00 by employee
After PICA After FICA $ 3.422.41
Net Fay $ 9,3B7.00 Net Pay
Less: Income tax 1,800.00 Less: Income Tax 1,800.OLk(B;
Net Pay Net Pay
7,587.00 (Take-home)
7 622.41{�.
(Take-home} �,.^
$7,622.41
--7 5B7.00
Increase in Net Pay
(A) Salary is adjusted as follows:
Current Salary $10.000.00
Less: FTC--A formerly 613_00
paid by employee
Add: FICA savings on 35.41
reduced salary $ 9,422.41
P•tr. Neal Evans
October 13, 1980
Page 5
(a} The employee's earnings under the new system are
the same as under the present system- For income
tax withholding purPO, s• the FICA 'eX that bhi
county PqLYs on behalf of the em�slo}*ee muss • l in
in the'employee's w�-2 earnings as i�.l�xstrated=
Salary $ 9,422.41
,Add: Employe'e!s FICA
P employer 877-�
aid by ,
(6.13% x $9.422.41} lq
fringe benefits. -including the retirement
(C) Employee
plan, remain unchanged.
in the example above, the. emPloYe'ho'however,
are the'same under both systems: however, under
the near system, the employee's net -ta7;e-home Pay
increases by $35.41 Per year.
Eitiblights of the new system arev
1, 'Where is an increasintlet three C7elPmit,
for employees earning es
$25,9M
2. There will not be a deduction for FICA taxes r
i; on the employee's paycheck..
the
' 3, Income taxes withheld are o
FI nt behalf eOfithe em-
paid by CA tax the county
Foyee is subject to income taxes. .but not subject
to FICA taxes.
4. The employee's annual W-2 eaXnisags remain the
same. This amount is considered tfie emialcayee`s
total pay.
5, The benefit deductions anchor coverages will
not change.
Example of FICA II Accounting Change for the county
'IM II
Traditional Gross Wage $ 1 155.49
Gross Wage $10,000.0D l 155.19
613.00 FICA Taxes
ZE
'FICA 'faxes —�------�'"�' Total County Cost $10,5'77.b0
Total county Cost $10,613.00
Mr. Neal Evans
October 13, 1980 - -
page 6
$10,613.00 (current County Cost)
-10-1577.50 (FICA 11 County Cost)
.
$ 35.40 Annual Savings to County
Notice that:
1. The employes adjusts the employee's base salary ry just
a snough added
so that when the FICA tax paid on the employee's compensation.
back to the base salary, the W--2 income, or tot I al
will be unchanged.
2. The employee }nays no FICA tax_ The employer`s obligation
for both parties is $9,422.41 X (6.13% X 2) ar $1.155.1.9,
3. The employee pays income taxes on t1i° $9.422_41 base salary
and on the FICA tax paid in his behalf (half of $1,155.19, or
$577.59) . Thus, the income taxable wage is $10,0 00 and the in
come tax obligation is exactly the same as before PICA IX-
4. The employer and the employee save the same amount. on a
$10, 000 annual wage, both save $35.41. The maximum per share
savings in 1980 is $91.70 on a wage of $25,900_
Some of MICA's FICA Clients
City of Greensboro Stokes County
City of Burlington Wilkes County
Davidson County City of Nonroe
Guilford County Town of Gibsonville
City of Salisbury Town of Madison
City of High Point Caswell County
Town of Cary Cumberland County
City of Kinston City of Fayetteville
Iredala County Forsyth County---
'} Town of Clayton
Alexandri.a, Virginia.
Durham Newport News, Virginia
City of
Town of Durham Virginia.Ayden
City of Reidsville Fienrico County, Virginia
SUMMA RX OF SAVINGS. RESULTING FROI4 THE IMPLEMENTATION PF FTCA T
AND FICA II BY ORANGE COUNTY: Annual
Annual Tota3
County Savings _Em In ee Sa vi.n s
FICA 1 $ 5,175 $
FICA 1.1 l$-,3.900 13 900$19,075 0
$19,075 $19,075 $ -
Mr. Neal Eva s.
octbber 13,
page 7
MICA's Remuneration
In consideration of the services descrilaed il� he�atnountrofdumf
orange 'County would,agree to pay MICA a'fee, amount Of-ns�
i�rhich is established by one of the following Payment
the payment for services wi.11 vary with the option chosen by
the County: Option 2 represents a 5% discount aver" Option 3...
o tp ion 1: $x.4,750 shall be the maximum fc--e wbe 5p}"
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1.
the County agrees to pax 25% of .the maxlimum ($
within twenty (20) days of executioD Of the contra t.
The remaining balance ($11,062_50) shall be p
ten (10) days after the first Payroll issued render the
modified system provided by MICh's
services xclusion.^and e
first payroll that implemeees'sshar pay of �ICA) :
employer Payment of employ
Z. O tp ion?: $14,013 whale. be the maX1T4um fee when, the
County agrees to pay MICA this MaS.ilautn amount within ten
(10) days of execution of the count-tact.
Any payment due to P41CA which becomes overdue accox7di.ng to the
terms of the contract shall cause interest to be ead)dsto the
balance due at a rate of l4�arrtionoof��a(mont'h per.
that- it remains
interest for each month or p
overdue.
1 look forward to meeting with you, Mr. Gatcto r 2 the Board
of County'Commissioners on Tuesday night., October 21. 1980, at
7:30 P. M.
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EXCLUSIVE sor'TErARE MARKETING rNG-REEMEN'T
,mAaRET1NG AGREE�UFNT made as of the day of
1980 by and between Distributed Data SXstcTa--, a corpar.-'
ation°duly organized and existing under the .Laws of North
Carolina hairina ifs `principal place of business at 100 East Sig:
rocks Road, Raleigh, North Carolina 27609 (DDS) and; Orange
County, North Carolina, having its principal place of business
at the County Courthouse, Hillsborough, lw orth Carolina 27278
(OWNNGE) in which ORANGE agrees to provide DDS with the exclusive
right to Market the TAX ASSESSMIENT 5YS'TER, a computer soft=. arc.
system, which has been developed by ORANGE-
RIGHTS TO DDS
ORANGE will provide the following to DDS:
A. The exclusive rights to the TAIL ASSESStiENT SYSTEi:.
DDS understand= ORANGE has previously agreed f.C, supply
the compute programs, which are part of the ;h%
ASSESSMENT SYSTEM, to Byer Appraisal Service, T371c.
DDS agrees that supplying Byer with these compato
programs is permitted and is not in cor€lict W5 W) thi.
agreement.
B All future enhancements .made to the TAX ASSESS EN"i
SYSTEM by ORANGE will be provided to DDS at Do charge_
C. ORANGE will provide assistance to DDS so. that 1XIDS can
TOOLBAG the TAX ASSESSMENT SYSTER.
D. ORANGE will assist DDS in demonstrating the 'lhX
ASSESSMENT SYSTEM on a scheduled basis at OP.AN1 Gr-'S
Data Processing Center.
E. Permanent marketing rights to the TAX ASSESSMENT SYS F-N-.
will belong tta DDS upon payment of $75,000 in -royalties
to OPANGr
l
RESPONSIBILITIES OF DOS
DDS will provide Of2. NGE the following-
A. DDS will pay a royalty to ORANGE Of $7,500 per
installation of the TAX ASSESSMENT SYSTV4 that is
sold or instal d b�.-_DDS�,or,_its af£il.i ates.. -
Installation is defined as separate governmental_
computer centers which use the TAX ASSESSMENT
SYSTEM.
B. DDS will TOOLBAG the present TrAX ASSESSMENT SY5TENF..
C. DDS will provide future enhancements to the TPDX
ASSESSMENT SYSTEM, made by DDS. to ORANGE. at no
charge.
D. oRANGE will receive maximum royalties in the amount
of $75,000.
E. DDS will have an annual quota from the date of the
contract of one sale in the first, }gear; tj-o sales
in years two, three and four; and three sales
in the fifth year. In the event DDS has not sold
cumulative quota at the end,..nf any contract year,
ORANGE, at their election, may cancel the
exclusivity of "the agreement.
F. DDS guarantees to meet the sales quota of one year..
PAYM4ENT
DDS agrees to pay OFt.MINGE the royalty amount for each installation,
due within thirty (30) days of receipt of payment from DDS's
customer.
TITLE
E
Zkl.l rights and title to the "TAX ASSESSMENT SYSTEM" .will, pass.
to DDS upon payment of royalty fees totaling $75,000-
EvARx2A�lT.Y
A. ORANGE makes no warranty as to tine merchaatability
or fatness for any 'particular purpose of said TAX
A,SS)CSSKENT SYSTEM and in no event shall OR-NNGE he
liable for loss of profits or other econom-, 7as,
indirect, special, consequential or other simiiar
damages arising from the inability of the software
to perform.
B. ORANGE warrants that it is free, as of the date it
signs this agreement, of any contractual obligations
that would prevent ORANGE from entering into this
agreement. It is understood and agreed between the
parties that prior contracts between them e�dgovernang
• software licenses dated
are in full force and effect anal that
any `'software" provided to ORANGE as contemplated
in the previous contracts between the parties which
is or may become part of the TAX .,jSSESSMENT SYSTEM
may be transferred and conveyed by 0Tt,ti,7GE under the
terms of this agreement.
CHOICE OF W W
This agreement shall be interpreted ill accordance with the
Paws of the State of North Carolina_
INVALIDITY
If any provision of this agreement or the obligation thereof
to any person or circumstance shall, to any extent, be in-
valid or unenforceable, the reinaipder of this agreement shall
not be affected thereby.
It71rEGFtATION
This agreement constitutes the eaiti.re understanding bet,;.ee:r the
parties hereto and the same shah not be modified, amended or
terminated except by thu written consent of ADS and ORTLNGE, made
and given in the same manner and form as their original, executio:
of this agreement.
SECTION HEADINGS -
Section headings have been included in this agreement: merely for
convenience or reference. They are not to be considered part of,
or to be used in interpreting this agreement_
ArwitPkTIO-"F
A. Any controversy or claim arising out of or relating to
this contract, or the breach thereof, shall be settled
by arbitration in the City of Raleigh, Nosh Carolina
in accordance with the Rules of the Americas 2xrbitration
Association by one or more arbitrators appointed in
accordance with the Rules.
B. Judgment upon the award may be made to such court for
judicial acceptance of the award and an order, of
enforcement, as the case may be.
ACKNOWLEDGEMENT"
DDS and ORANGE acknowledge that they have read this agreement,
understand it, and agree to be bound by its terms, and further
agree that this document constitutes the total agreement between
the parties, which supersedes all proposals oral. or u-xi tten
and all other communications between ORANGE and DDS relating to
the subject matter of this agz�..,ecment.
IN WITNESS WHEREOF the parties have caused this agreement
to be executed on the _ day of - - 1980-
'
ORANGE C.OUNITYr NORTH C&ROLINA
BY:
Title: � _....
i
Attest
(SEAT,)
DISTRIBUTED DATA SYSTEM, INC,
BY:
Title:
Attest
(SEAL)
. ......- . e t.-.;r•tee. -. s y..._' � ;+..; c
AGENDA ATTACHMENT 12
CAPITAL HEAL 'T' H SYSTEMS AGENCY`x INC_
'YELEPHONE AREA CODE 9f4--A7T a'88f
3b00 NORTH 4UKE ST3t M IDURNAM, Norm!CAROLINA ZnDi ..
October 7, 2.98t!
GEORGE M. -OCKMPME
gXjGUTlVZ DIRCCTQII
Y
. Sam cattis
()rang, County Manager
lob E. Margaret Lane
Hillsborough, N. C. 27276
Dear Sam:
one important change in the health. planning law saontained in
PL-96-x79 (Amendments to the Health planning and ResOUXce Devei.aPmen1
t
# Act of 2,974} deals with the manner in which t35AS >select t3fei:: 7»ax
1 members. 5pecifi.callyr the new rerluirement is that t least. Taaif Y_bc-
replacements on the board be selected Tay some means other tTlan using
the incumbent members themselves to hake the selectiOris.
We have developed a new process e:hich has been 7ceviewed and apprONecl
by the Department of Health and Human Servicem (DEHs) and which we are
now prepared to put into effect. The, most distinctive teatureC)f iancrs.
amended procedure is the enlarged role Of Boards of [5oisnty
Another feature in the change is the expansion: of OU=3aOard from 55
members to 61 members. This latter change tames about through the
{ decision of our board to raise the minimum numbax of a represent:at.ives
from each county from two members to three members.
Xn reading over the attached Outline of the near Procedure you w"l
at least
G of selecting
see that we more than meet the new requirementr�
. half our members by some means other
ssionexs use
and 3�ytthe board
members- poxty°-two (11 by County Cc
Committee) are selected outside the board, and only 39 are nalected by
the Nominating Committee and the board. itself.
l.�..f
Mr. Sam Gattis
October 7, 1980
page 2 -
It is important. that we organize and activate the Selection Co—i.ttee
as Gaon as possible. Another change which the board made was to change
nd end on March 31_
the terms of board members to begin on April 1, abut these would
(Hembers continue to have three-year terms, but p
begin an January 1. The change was made to conform to our fiscal t'ear•
which a3.so begins April l.)
We would like to Ysold the first meeting Of the Selection Committee
in December'. If you could name your Commission member and your provide--
and consumer, constituting Orange County's three members on the Selection
eir
Committee, by your November meeting, and advise us as to th manes and
onvene the Committee and get it started.
addresses, we will c
I hope this is not too confusing, and we are sorry to further COM- r
Plicate your operation. We do believe that the changes bring the County
even closer to the important work of this agency, and will W°r smoothly,
once we get it established.
estions about any of this, Please give me a call. W
If there are qu e'
with t
are ready to do anything passible to help you this -nevi arrangements
including meeting with your board, if you think it would be useful.
Sincerely,
e
George ki. Stockbridge
GHS.crft
Enclosure
Richard Whi,tted, Chairman
cc V Orange County BOP-rd of Commissioners
Mr. Norman Gustaveson, CHSA Board Member. County Commissioner
L'
C)ctober G, 1980
t
CAPITA. jEALTIJ SYSTEMS AGENCXr 'NCORPORATED
C
BOARD MEMBER
g=CTION PROCESS
y
Selection of members to till vacancies will be accomPl.isbt-a 33Y the
3. Board
use of three mechanisms. Boards of County Commiss3ancraa
Selection Committee= A Nominating Committee selected by the Jioard`
d of Caunty Commissioners in the slaves crnar;ties �-3-k t"e
X. Each Boar
serve on the
HSA, shall appoint one of its own members W SiSA
board. Replacements will be selected by the xedp ct_designate County
boards as vacancies Occur-
it may 9r
of the county as its designee, if it is decided t1lat no Commissioner
is available to serve.)
II. Selection of at least one
halt the members filling future vacancies
will be accomp3ished by a Board Selection Committee.
The Board Selection Committee will consist of three pexsarRr. from
each of the 11 counties in the HSA.
These three persons will be appointed by the Board of County
Commissioners in each case, and will canni.st of a provider and
p lus a member of
a consumer, as defined in the legislation'
each Board of Commissioners.
S�
I'
Not eligible to serve on the Committee are members; of the ex3,sting
HSA Board.
Appointments to the Committee are for one year, ana I ars of
the Committee are el.igibl.e foX appointment far ane adcditional
year.
J
-2...
zv. The initial meeting of the Selection Committee will be held
in the month of December each year. The Committee will select r
its own Chairman and Vice Chairman, and a Secretary.
Additional meetings of the Committee may be called by the
Chairman at such times and places as he/she 'nay designate.
Reasonable expenses incurred by the members of the committee
in the course of their duties on the Committee will be
reimbursed by Capital HsA on the_same basis as.Board members
are reimbursed.
V. The Selection Committee will be advised by the staff of CHSA
as to the vacancies which have occurred or are about to occur
among those slots allocated to the Selection Committee for
filling. The Committee will take, or cause to be taken;
appropriate action that will assume broad, public participation
and access. Such actions will include, but not be Limited tom
public notices in local newspapersi solicitation of recommenda-
tions from local organizations; recommendations from Committee
members themselves, and such other sources as the Committee may
deem to be useful in the achievement of participation ands
access by the public. T
The Committee may make full use of cHSA staff in Carrying out
its duties: and may use agency resources for mailings„ Organiz-
ing and holding meetings, providing application forms to
candidates, and such other' support services as are needed by
{ the Committee.
Vg. In the selection of consumers and providers to fill vacancies
the Committee will:
on the Board of Directors.
'J7
-3-
f
A. Be responsive to the need for maintaining
a Board
membership which reflects the overall demograghl,c
and socio-economic characteristics Of the 11-county
' servicerarea.
E. Not appoint to the Board of the CHSA any member
of the committee.
C. Be governed at all times, and in all Its actions
by existing laws, regulations, and the Bylaws
of the CIISA, as they apply.
VXI. Each slot on the Board `till be designated as one to ba filled by
the Selection committee, one to be filled by C.ouuty' Commissioners,
or one to be filled through the internal process. At least half
the slots will be designated as Selection Committee slots.
VIII, in those cases where both internal (Nominating Committec) and
external. (Selection committee) slots become vacant, the selea- Lion
:Committee will complete its appointments from available application
forms from candidates, and then make those form- of candidates not
i appointed available for optional, use of the Nominating committee in
4
ii filling the remainder of the vacancies.
I� _
i�
TX. After filling all. its vacancies, the Selection Committee will
designate for appointment an additional consumer and pxovidex from
I`
'. each county who would then be fully qualified to fill. autozzzaticallg
i any slot that should become vacant during the yeas if that slot was
i ould be
allocated to tYzn Committee. Such contingent appo"l ntments would
valid only for the one--year life of the Committee.
.. :. .., � .wry �,. ��.. ...... .. ..Y. ...i. ...- ._
1
4
X. Slots allocated to the internal process will be filled by use of a
Nominating Committee appointed by the agency Board of Directors,
which will bring to the board a slate of nominees to fill the
remaining vacancies.
N{ygg: This Plan anticipates a board consisting of 61 members,
to be selected as follows:
County Commissioners .. xl..
Selection Committee
Nominating committee 19 r
61 .
4