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HomeMy WebLinkAboutAgenda - 01-05-1981 AGENDA ORANGE COUNTY BOARD OF COMMISSIONERS JANUARY 5, 1981 COMMISSIONERS ROOM, ORANGE COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA 10:00 A.M. 1 . Does any Board Member desire to modify this agenda? 2. Does any member of this audience desire to comment about: A. Matters on this agenda? B. Matters not on this agenda? 3. The Clerk submits minutes of meetings held December 1st and 9th for Board consideration. 4. Further consideration of a request of the Board of Social Services that additional funds be appropriated to their Chore Services Budget: A. Transfer from Social Services Personnel $ 5,000 B. Transfer from Title XX Daycare 20,000 C. Transfer from Contingency 15,000 5. The Manager recommends the Board authorize execution of a contract with the North Carolina Department of Transportation concerning acquisition of child- restraining devices (crash seats) for children in foster care. 6. Report of bids received for water and sewer work proposed within the community development area: Bidder Amount Billings and Garrett $ :27,635.00 Wrenn-Wilson 28,190.00 T. A. Loving 31,811 .00 J. C. Johnson 34,175.00 RMH 41 ,009.65 J. F. Wilkerson 32,751 .00 Yates Construction 27,775,50 7. The Manager recommends the Board accept the low bid of Billings and Garre and authorize its chairman to execute a contract for this work. 8. A report on activities within the Community Development Program by Willie Griffin, Program Director and John McAdams, Engineer_ 9. The Manager recommends the Board authorize execution of a contract (g rant application) with Triangle J for Title 3B funds for our Department of Agil 10. Will the Board enact a resolution calling a Public Hearing to consider c1c an unopened portion of a public roadway. Hon. Michael Parker representinc Percy and Ellen McLamb will comment. 11 . Will the Board approve a resolution selling County-owned property to Virgi 9 Foust for the sum of $600? If so, will the Board authorize its chairman t execute a deed on behalf of Orange County to Virginia Foust? 12. The Manager submits a proposed ordinance regulating the provision of ambul services and the Administration of Emergency Medical Assistance for Board consideration. 13. The Board of Health has requested the Board of County Commissioners provide county staff to seek a solution to the "health hazard" existing in the Efland Estates Subdivision. 14. The Manager submits: A. Proposed budget calendar for the 1981-1982 fiscal year B. Amendments to the 1980-1981 budget 15. Will the Board provide funds to send a representative to the first National Agricultural Lands Conference to be held in Chicago February 8-10. Chairma Barnes will comment. 16. The Planning Board recommends: A. The preliminary plan of Homestead Hills Subdivision be approved B. The preliminary plan of Berryland Subdivision be approved C. The preliminary plan of Fair Oaks Subdivision Phase II with a Class A private road be approved D. The petition to rezone filed by Mary D. Henry' and heard at a Public Hearing on November 24, be denied 17. Appointments: A. The Board should name members of it's Senior Citizens Board B. One vacancy exists on the County's Council for Women C. Brian Mansfield of the County's Industrial Facilities and Pollution Control Authority has resigned D. The Board should name three trustees for the South Orange Fire Distrii E. The Board should name one member (a physician) to the area Mental Hea. Board F. The Board should name one member (a dentist) to the County Board of He G. The Board should name one member to the Carrboro Board of Adjustments H. The Board should name one Advisory Member to the Mebane Board of Adjustments 18. Announcements A. The Board's special meeting schedule for 'January: January 7th 7:30 P.M. - A work session in the Commissioners Room to discuss the proposed County Land Use Plan and Zoning Ordinance January 19th 5:00 P.M. - At the Steak and Ale Restaurant on Wade Aveni in Raleigh to meet with the County's Legislat Delegation and review issues of legislative c January 24th 9:00 A.M. - Legislative breakfast Orange County Mental He Association, Wesley Foundation, Chapel Hill. (This meeting is not a special meeting of the Board but it is a meeting to which all Board I have been invited) -----■•■■=men January 29th. 6;3Q P.M. - At Stanback Middle School tn HIllsborougt discuss School Financing at the State leu with the Chapel Hill-Carrboro and Orange Boards of Education 19. Managers Report. 20. An executive session to consider personnel . /11 / _5- 7 ORANGE COUNTY Agenda Attachment 74 Proposed 1980-81 Budget Ordinance Amendment The 1980-81 Budget Ordinance of Orange County as adopted on June 23, 1980, and subsequently amended, is hereby amended as follows: Change the Appropriation for the following line items in the funds indicated: INCREASE FUND_a ITEM igggal TO TOTAL General Fund County Commissioners - Operations 250 47,750 Health - Family Planning - Personnel 7,459 121,235 Health - Family Planning - Operations 3,308 17,899 Jail - Personnel 1,600 15,949 Sheriff - Personnel (1,600) 644,013 Soil & Water Conservation - Personnel 3,400 29,745 Salvation Army 500 500 Shelter Home - Operations 39,609 59,199 Shelter Home - Personnel (39,609) -0- Tax Supervisor - Mapping - Operations 1,600 47,915 Buildings and Equipment - Equipment (1,600) 213,847 FUND - RESOURCES INCREASE General Fund (DECREASE) TO TOTAL Human Resources Grant 250 43,786 Health - Family Planning Grant 10,767 84,161 Contingency 3,900 88,600 Adopted this the day of , 1980. if Agenda Attachment # 1 MANAGERS REPORT January 5, 1981 In order that the Board might be kept more informed of the day to day activities of the County a report similar to this will be prepared monthly to keep you abreast of certain issues before the administration currently or about to arise in the near future. This report is not intended to be a comprehensive list of all issues of County concern, or an intensive analysis of any of the problems included on the report. It is merely a listing of significant issues not often discussed that the Board should be aware of which also provides some background relating to the issue. Most of the information included in the report will not be new to you. BOARD OF EQUALIZATION AND REVIEW During the fall informal discussions were held with some Board Members concerning a Special Board of Equalization and Review. Currently a Board of County Commissioner may appoint a Special Board of Equalization and Review that will hear appeals of property tax assessments. Appeals from decisions of this Board would go directly to the Property Tax Commission thus relieving the Board of Commissioners entirely of the assessment review task. A Special Board such as this would have five members and possess the same power a Board of Commissioners holds. Several of the states larger counties use Special Boards. I recommend you create such a board as to me it seems impossible you can complete the work load of the Board of Equalization and Review and develop the County's Budget within the time frame allocated to these tasks in the General Statutes. A Board of Equalization and Review must meet initially during the month of April and have its work completed by June 30th. This schedule conflicts materially with your budget schedule which starts in- tensively in late May and continues until late June. If you elect to move ahead with a Special Board that decision should be made relatively soon so its members can be selected and oriented to their task in time to start hearings during April . Other significant issues to be addressed if you elect to use a Special Board are: A) a budget for this Board, b) Will this Board be composed of construction and real estate professionals; concerned public spirited citizens; or a combination of both. ACQUISITION OF SMALL VEHICLES Your budget adopted last spring included funds to establish a fleet of compact vehicles that get substantially greater mileage per gallon than the typical vehicle now available to County personnel . This acquisition would be financed through a budget appropriation and a lease purchase agreement. Vehic would be acquired under the State Contract. The staff recommends the County acquire 26 vehicles: a) 12 four-door Chevettes with standard transmission $64,503,96 b) 6 four-door Chevettes with automatic transmission 33,900. 18 c) 4. Plymouth Reliants four-door to be used mainly for Jomer_trips. with _more than-cme .Rerson i_n_a _car 27,498.00 d) 4 Plymouth Grand Fury Police Special for the Sheriff's patrol work 30 705.72 Total Cost including service manuals $156,632.86 I suggest we use $74,000 of the $94,000 appropriated for new vehicles this year to apply towards the $156,632.86 cost of these vehicles and finance the remaining $82,632.86 through a lease purchase agreement similar to the ones previously executed for our computer and telephone equipment. We have requested proposals for a financing package from several vendors. Late in January we should be in a position to recommend a financing package to y If accepted we will then be in a position to order cars. Vehicle delivery shoul take about 90 days. OFFICE MOVES To begin implementing the planned County office relocations, the Tax Supervisor moved from the courthouse to the old Social Services building last wee The Data Processing Center moved one of its two computers to this building on the same day. We plan to move the Tax Collector in mid January. As soon as some cleaning and painting can be accompltshed in the space vacated by the Tax Supervisor, the Personnel Department and the Program Analy will move into the basement. This should occur by mid January. The Planning Department will move into much of the space previously occui by the Tax Supervisor and Tax Collector during February. Moves involving the Register of Deeds to the old Social Service building and the Clerk of Court into space currently occupied by the Register of Deeds will come after Plannfr has been moved, as renovations proposed for the Register of Deeds are more extensive and will take some time to accomplish. Later in January we will submit to you a layout of the upstairs area of the courthouse showing arrangement of the administrative area. VEHICLE MILEAGE CHANGE To spread the cost of vehicle operation in an equitable manner between using departments we have been charging each department .33 cents per mile for vehicle use. After five months operation we find this figure is much higher than our estimated cost of operation and an average cost of .22 cents per mile is a more appropriate figure to use. Our initial estimate of cost per mile for operation appears to be too high for two reasons a) The fleet is traveling more miles than we initially estimated b) Gasoline costs was budgeted at a figure much higher than we are now expecting to pay Two departments will have serious problems with budget overruns for transportation (Public Health and Sheriff) even after this adjustment is made. I feel the reduction from .33 cents to .22 cents is an administrative matter as it does not affect (increase or decrease) the overall budget for transportation. Agenda Item #4 Chore Service Funding As requested by the Board at its December 1st meeting the staff has reviewed in some detail possible solutions to this problem. The Social Services Director has already reduced the spending level of the program to about $14,000 monthly. I recommend this Board authorize the $5,000 transfer from personnel to Chore Services requested by the Board of Social Services but that no action be taken on their request for an appropriation from the Contingency Fund or transfer of daytare funds at this time. During January the Social Services Director will request a $15,000 reallocation from the state and should have a good idea of their response. The Finance Director will have a response to her inquiry concerning a carry-over of May Chore Service bills into the state's next fiscal years budget, and the Social Service Board will have had a chance to react to these two decisions. It is not advisable to postpone a final decision on this issue beyond January as future program reductions would be too drastic if both responses from the state were negative. MEMO TO: Sam Gattis, County Manager FROM: Kathy Battern, Acting Finance Director DATE: December 31 , 1980 SUBJECT: Analysis of Chore Service As instructed by the Board of Commissioners, I have reviewed the problem of the Chore Services funding. We are faced with a decrease in anticipated revenue from $153,997 to $126,173. However, there is a two month lag in the reimbursement from the State and the effect of this reduction will occur in the August 1981 receipts. We also had a high rate of expenditures in the first six months of this fiscal year due to anticipation of reasons outlined by Mr. Ward. With the proposed program cutback to an expenditure rate of $14,000 in the remaining months, we will face a $20,153.97 deficit at June 30, 1980. In response to the recommendation that we transfer $20,000 from the Daycare Program, I must advise against that. My research reveals that if this program maintains its present caseload, there will be no surplus. I would also advise against a transfer from the County contingency until we are able to determine the effect of the jail bid opening. I do agree that the $5,000 in unused Personnel cost can be applied to the Chore Service program. I have investigated several alternatives and will be discussing them with Mr. Ward on January 2. These include a matching grant from Department on Aging. I will also encourage a formal request to the State to receive an additional allocation. Last, I would suggest that if all other resources fail , the program be cut back to $11 ,800 a month. We have looked into the matter of the Social Services Chore Service funding problem and would recommend deferring any action on this matter until February 1981 . The corrective action that the Social Service Director will be considering include the following: 1. ) Reduce the expenditure level of the program for the remaining year. 2. ) Transfer $5,000 from unused Personnel funds. 3. ) Request a reallocation from the State for $15,00 to maintain effort. 4. ) Carryover expenditure request from May activity to the next State fiscal year which begins June 1 , 1981 . 5. ) Coordinate effort with the Department on Aging to utilize a matching grant, //-c fi Agenda Item P5 Safety Seats For Children With Foster Care The N. C. Department of Transportation has provided a number of child restrai devices to be used by foster parents and social workers when transporting small ch held in foster care. These seats have been in use since last May. The Department of Transportation submitted to the County a contract describin! use of these seats. The County Attorney reviewed this agreement and has suggested modification that he feels is of some value to the County. There is some feeling 1 Department of Transportation will not approve this modification. Recommendation: The Manager recommends the Board authorize its chairman to execute the agreeme prepared by the County Attorney. If the Department of Transportation declines to a this agreement the County can then address the issue of executing the original state proposed contract. .1 ,.. ,/)fi / /5-- (e;/7 :,.. . . !. . . . . . . .. - . . • . . . . , . BID LETTINGS . „ . , . . Contractor Questionnaire . . .. . . _ Each prospective bidder shall have a Contractor Questionnaire on file with the -- Community Development/Housing Rehabilitation Office at least seven (7) full days .. ,. prior to the time set for the opening of bids.. An acceptable questionnaire shall remain valid for twelve (12) months from the date of the application. The contractor will be granted a six-months' grace period to prepare and submit a new questionnaire at the end of said twelvemonths period. Contractor . . Questionnaire may be waived on certain projects due to nature of the work . ..., involved. . . - The Contractor Qualification Questionnaire shall' be prepared and notarized by a notary holding an unrevoked notary seal issued by the State of North Carolina Department of the Secretary of State or by a duly certified body of comparable 1 . authority within the state in which the notary claims legal address- . - After the required Contractor Questionnaire has been filed, the Community Development/Housing Rehabilitation Office will place the contractor's name on the mailing list for the Notice of Bid Lettings. Property Rehabilitation Standards & Basic Specifications . . The Rehabilitation Standards and Basic Specifications is tbe Guide used in all rehabilitation work to be performed under the Community Development Housing Rehabilitation Program. Any modifications thereto are included in each Bid Proposal. The cost of these Guides of specifications is $1 per copy. Notice of Letting After the date is fixed for the receipt of bids, the Community Development/ Housing Rehabilitation Office may, in addition to the notice required by law, give notice of such date by mail to those contractors having on file with the Community"Development/Housing Rehabilitation Office a valid Contractor clues-7 tionnaire. The Notice of Letting contains a description of the proposed work, along with instructions and information to the potential bidder regarding proposal forms, plans, specifications, "combination bids, and the reservation of the right of the Community Development/Housing Rehabilitation Office to reject any and all bids. . . Plans and Specifications are on file and may be picked-up in the office of Community Development/Housing Rehabilitation Offick. A set of plans and all related documents are one Cl) dollar purchased from the Community Development/ ' • Housing Rehabilitation Office, These items become the property of the . . purchaser and are not to be returned and no refund will be made. The purchase of the General Condition of the Contract for Rehabilitation, Basic Specification (section A), and Property Rehabilitation Standards will be the guide the contrac must follow and these documents should be retained by the contractor for future -- - related rehabilitation work. , :,,:•" . .. '' ..____.. ....... . ._ . ... . ' ... , .,. .:. , . .,....'. ...,- . , .;• 7.: r .''.--,‘•-•,,L.,t) . _ . . . .. _ . . ..______.... . . .. . __ .. . - .„..... ......... .._ ___„..... _. . . -2- , . .. Bids - .. . . :.; Bids will received by the Community DevelopMent/Housing Rehabilitation Office as described in the invitation to Bid on the date of opening and reading of bids, at the office of Community Develepment/Rousing Rehabilitationand at that time will be publicly opened and read. . _. • , . . Pre.aratioe of Pro.osals All proposals must be properly signed and sealed and sbumitted as set forth in the form of Proposal and Non-Collusion affidavit. Each bidder shall specify . in his proposal, in figures, a unit price for doing the total rehabilitation. job. The work writeup shall not contain interlineations, alterations, or erasures. The bidder shall show the products of the respective unit prices and quantities in the space provided for that purpose. These extensions shall be totalled and, in case of errors or discrepancies in extnsions, the unit prices shall govern. All entries on the proposal shall be in ink. All errors in extensions or totals will be correctedhy the Community Development Director ' 1 .. and such corrected extensions and totals will be used in comparing bids- , . . .". . . . . Irret11sPr"cIsals- Proposals that show any omissions; alterations of form, additions not called for, conditional or alternate bids unless called for, irregularities of any --- kind, or which are not responsive to the invitation, may be rejected- Bids combining or otherwise tying sections or Projects not listed in. the proposal- as being in combination will be rejected. Any comment in a proposal limiting , -- or qualifying the reserved right of the Community Rehabi- . , litation Office to make awards that will be to the best interest of the owner shall constitute'an irregular bid. . . Bid Bonds • There shall be no requirement of bid bonds. . . Re.istration with Secretor of State . . , . If successful bidder is doing business in the State of North Carolina under a fictitious name; such bidder shall furnish to the Community Development/Houig Rehabilitation Office a certified copy of its registration of fictiti us name . issued by the Secretary of State, State of North Carolina- . . All successful bidders who are corporations organized in states other than North Carolina shall furnish at their cost a certified copy of a certificate of authority and license to do business in North Carolina and shall remain on file with the Community Development/Rousing Rehabilitation Office. Bid Proposals :.. .,. .. ' Bid proposals may be submitted only on forms provided therefor by the Community Development/Housing Rehabilitation Office. . . • . , . , . , . ' . !: ) • . 'f.)6!..,.' '6 i' : " • , . . , . • . --------,.._- -.------..-- ,.--..,..----- ___ ,______._ • .- . . . -3- The . • :.* bid proposal form will state the location and description of the contemplated . , . . - construction, and the total amount the Contractor will charge to do the proposed rehabilitation. ' ; . ..: , . The Notice to Contractors in the proposal sets out wage rates requirements, preference of materials produced in North Carolina when other than Federal Aid Projects, statement that minority business enterprises will be afforded full opportuntiy to submit bids, and will not be discriminated against, states the time deadline for receiving bids on day of letting. • . -.: . . The Contract sets out the Time for Completion and Liquidated Damages Per Day for failure to complete the work in the time specified- ' ' • , - The General Conditions of the Contract for.Rehabilitation lists the job special . • ,.. provisions which previal over Basic Specifications whenever in conflict therewith. to the work writeup. ..r- , .. . • . . _ . • :. . Federal Requirements have included Non-Discrimination in Employment, Non-. Segrated Facilities Notice; Specific Equal Employment OpPorturrity Responsibi- lities, ) ;. , . . ' Statements and Payrolls, Required Federal Aid Provisions, Federal Wage Rates, State Wage Rates, Equal Employment Certification, Affirmative Action in Subcontracting. -,. :. . Bid Proposals have included Anti-Collusion Statement, Signature and Identity of Bidder and Bidders Acknowledgement. . Execution of :.Proposal . , A proposal of an individual, including those doing business under a fictitious • name, shall be signed by the individual and his address shown_ The signature shall be exactly the same as that appearing on the Contractor Questionnaire- . . A proposal by a partnership or joint venture, including individuals doing business under fictitiouS names, or corporations, shall be execrated by a least one of the partners followed by the title "Partner" or one of the joint Venturers followed by the title "Joint Venturer" and the business address of the partnership or joint venture shown. ,The true legal name and address of each partner and joint venturer shall also be shown and shall appear exactly tip same as that shown on the Contractor Questionnaire. . , A proposal by a corporation, whether acting alone br as a joinm venturer, shall • show the address and name of the corporation exactly as Shown ©n the Contractor Questionnaire and be signed by a person authorized by its Boara of Directors to bind the corporation, with his title shown. „- ) . When the Contractor Questionnaire is waived, then the signature shall be that of-the .. person authorized to sign on the Signature and Identity of the Madder Form, and shat be the same signature on all other forms. •:, i 1 . 1 .. . . ......-....,...-- „ ,. . " . ■ . • . . , . - • . ,TV,:=,36 . . , ; -----_- . , :. • -4- ... - i . " The Summary of Letting gives the Low and Second Low and Third Low; Bidder 'with . . . _. . their total amount bid for each project. . . • !, - The next step is for Staff to either recommend award or rejection by the Community Development Director. I An Award Sheet is prepared after action by the 'Community Development/Housing . 1 4 Rehabilitation Office, showing the award date, notice to proceed date, and . I. any projects rejected. . ..• h " . • The Proposal Guaranty, whether check:or bid bond, will be reqdired until the - .. contract has been completed, all insurance requirements met, and satisfactory contract bond furnished. When the lowest bidders has been definitely established, a notice to proceed will be issued by the homeowner. • Withdrawal or Revision of Proposals ;1 . . A bidder may withdraw or revise a proposal after it has been deposited with the Community Development/Housing Rehabilitation Office, provided the revision or • the request for such withdrawal is received by the Community Development/Housing Rehabilitation Office, at the address Specified in the proposal, in writing or by telegram, before the time set for opening proposals.. •:• : i: , . : .. , . :•:. • , ... Combination Bids Combination bids for two or more sections or projects of work may be made only- .. if provided for in the proposal, and if submitted on the proper proposal form- - A separate and complete bid for each section of work shall be included in the combination bid and only sections on which individual bids are submitted will :.:- :•:. ,•- ••. •.-... ': be considered as in the combination. The bidder will be allowed to combine section: or projects in the combination listed in the proposal as follows= (1) by stating : "All or None", which is preferable, or (2) by listing any two or more sections - or projects which he desires to bid in combination. Disqualification of Bidders . Either of the following reasons may be considered as being sufficient for the disqualification of a bidder and the rejection of his proposal. or • . . (a) More than one proposal for the same Work from an individual, firm, or corporation under the same or different name. A bidder may, however, submit a proposal as principal and as a subcontractor to some other principal, or may submit a proposal as a subcontractor to as many other principals as he desires, and by so doing, will not be liable to disqualification in the intent of this :. ,:,•: ;; '. specification. . . , (b) Reason for believing that collusion exists among the bidders. Participants in such collusion will receive no recognition as bidders for any future work. of the Community Development/Housing Rehabilitation Office until any such participant shall have been reinstated. :....., 1: .:•:,•': i:' . ,. ..., , ,. ‘) r." . -3- Right to Reject Proposals The Community Development/Housing Rehabilitation Office reserves the right to reject any or all bids, to advertise f6r new bids, or to proceed to do the work otherwise; if, in its judgment, the best interests of the owner will be thereby served. Contract Bond The successful bidder shall, at the time of the execution of the contract, furnish a contract bond/cash in the amount of $500,00. 'The bond shall be to the County of Orange, in a form and with surety, or sureties, acceptable to . the Community Development/HoUsing Rehabilitation Office to insure the proper - and prompt completion of the work in accordance with the provisions of the contract. The Contract bond will be returned upon successful. completion of 1 the rehabilitation work. e. Certificate of Authority Any surety company which proposes to execute a bond as required by the contract shall have on file with the Community Development/Housing Rehabilitation Office a certified copy of its Certificate of Authority to transact business in the State of North Carolina. Execution of Contract The individual, partnership, corporation or joint venture awarded the contract shall execute a contract with the County on Grants and with the homeowner on Loans. Failure to Execute Contract Failure to execute the contract and file acceptable bond within 15 days after the contract has been notified shall be just cause for the cancellation of the award and the forteiture of the proposal guaranty. Award may then. be made to the next lowest responsible bidder. t" :. .."." ... .... .:1 . . .. _. - , • .,,,,F /-5- 7/ .. , . . • . . . , - • • . .. . . _. . _ ... ....., . .„. . _J.. . .. .. . . ._ , . : rommunity Development Department ... ... - „ _ : 1Yi...4.i.:0..i.: ' 'Monthly Report , '''' . . . - . . . . •-.• . . December 1980 •_ : Totals . .. ,. .. , . , • ....... ... , _ • ..„ „ - __— ..,..: „ " • .,,: _____.___. _ .. , . • , . , . I . .. .. . • . _ „ „ . . A, Persbnnel _ - . . : . .. , Dill T - , _ime . . , .._ , '. •"" . . .• . • , • •* - - ' • •„ : Part Time • ; . • - . . . ,;- „,„. NMI . .'..-2 Vacant Position • ' .". : - : ' -- ., .. : , . -• . •.. , - - - .. . .. . • . . - B. Initial Operations: ••:: - '' ''. 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H O or cr, ED 0 P. • i 0 0.H 1-- EP 0 r .C5 tr) rt g co 43 1-..° 01 tico cr ED co G CD rr I-. • CO 1-.. o rE o fr) LI _0 0 5 F to 0'0 0 Cr. CD Cr. 1-4 ED r0 1-• rr 1-r r-t 4 I-, %0 (D I-. r-tt- o co ED 1-• 0 1-4 0 r-• 0 cr p-. m e-to .4 0 al 0 0 Do fa. ID cro rr 13. 0 , k , " 69 — Agenda Item # 9 Older Americans Act Grant Under Title III of the Older Americans Act funds will be provided Orange Cot to supplement local support of our Department on Aging. These funds, $54,335, cc to the County through a contractural arrangement with Triangle J Council of Gover Our current budget apprOpriated some $47,000 in local funds for support of t Department on Aging. To complete funding for this program the County should cont for the $54,335 available through Triangle J. Recommendation: The Board authorize execution of a contract with Triangle 3 under which thO_ County provides services as described for $54,335 and that the County's current budget be amended to reflect this revenue. Orange County COUNCIL ON AGING INC CARR MILL MALL AGRICULTURAL EXTENSION 200 N.GREENSBORO STREET 109 COURT STREET CARRBORO,NC.27510 HILLSBOROUGH,N C.27' (919) 968-4478,4479 (919) 732-7433 OR ORANGE COW% . r - - /•C7-7,;-''‘`.1.1" 7 -; To : Sam Gattis , County Mana ,er -,11111111"-A From: Jerry M. Passmo Pi. ector , Department on Aging Date : December 11 , 1980 Re : Department on Aging Title III-B Contract Approval Attached are two copies of the contract for social services funded by Title III-B of the Older Americans Act and State funds for October 1 , 1980 through September 30 , 1981 . I have reviewed the document and see no problems . The Contract now needs your approval and the County Commissioners at its earliest convenience . (Ts .- f ' rox car, , eye. i2,4 SP97- ATHE ORANGE COUNTY COUNCIL ON AGING SERVES AS A CENTRAL RECCHIPrr rt-ID DI A RI.ILI,. - ORANGE COUNTY and TRIANGLE J COUNCIL OF GOVERNMENTS / fill l'.4154(1/ CONTRACT FOR SOCIAL SERVICES THIS AGREEMENT, entered into as this 1st day of October , 1980, by and between Orange County , (hereinafter referred to as the "Agency") and the Triangle J Council of Governments, (hereinafter referred to as "COG") . WITNESSETH THAT: WHEREAS, COG desires to engage the Agency to render certain social services thereinafter described. in connection with an undertaking or project (hereinafter referred to as the "Project") which is to be wholly Or partially financed by a grant from , the Administration on Aging through N. C. Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency or Agencies") , said grant being (hereinafter referred to as the "Grant Contract" and identified as Contract for Social Services and WHEREAS, the Agency desires to render such services in connection with the Project: NOW THEREFORE, in consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2. Local Support. In accepting this contract providing for $ 51 ,900 of federal funds, the Agency agrees to provide not less than $ 31 ,833 of acceptable non-federal cash and $, 5,111 acceptable in-kind contributions! •This contract also includes Special State In-Home Allocation funds in the amount of $ 2,435 , to be matched by $ 348.00 acceptable local cash and $ -0- acceptable in-kind contributions. -2- 3. Scope of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and services described in Attachment "A" (or as described in FY 81-83 Area Plan) which is attached hereto and made a part hereof. 4. Time of Performance. The services of the Agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A" . All services required hereunder shall be completed on or before 3eptembr_311.._3981 5. Compensation and Method of Payment. The Agency shall be compensated for the work and services to be performed under this contract as set forth in Attachment "B" which. is attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, if any, to be paid the Agency under this contract exceed the sum of Fifty-four thousand, three hundred thirty-five dollars (S54.335) 6. Progress Payments. Unless otherwise provided in Attachment "B" , the Agency shall be entitled to receive progress payments on the following basis: As of the last day of each calendar month during the existence of this contract, the Agency shall submit to COG an invoice for payment based on the percentage of completion of the Project through the invoice period. Subject to COG'S right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, COG will make payments to the Agency as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which bears the same ratio to the total compensation to be paid to the Agency under this contract as the work and services actually performed as of the end of the invoice period bear to the total work and services to be performed by the Agency under this contract, -3- less all previous progress payments made pursuant hereto. Upon completion of the work, including the receipt of any final written submission of the Agency, COG shall pay- the .Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, less the total of all previous payments made. Nothwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 7. Agency' s Personnel. Agency represents that it has, or will secure at its own expense, all personnel require+ in performing the services under this contract. Such personn+ shall not be employees of COG, nor shall such personnel have been employees of COG during any time within the twelve- month period immediately prior to the date of this contract, except with the express prior written consent of COG. Further, Agency agrees that no such personnel shall be involved in any way with the performance of this contract, without the express prior written approval of COG. 8. Approval of Subcontracts. None of the work of services to be performed under this contract by the Agency shall be subcontracted without the prior written approval of COG. In such subcontracting is authorized as herein provided all subcontract documents shall be submitted to COG for review and approval prior to the execution of such subcontrac Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. The. Agency knowledges that if the work or services to be performei under this contract is financed solely or partially through Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential -4- subcontractors or adequate justification for sole source selection. The Agency agrees to abide by such regulations in its selection procedure. • 9. Review and Coordination. To insure adequate 'review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 10. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency) , in such form as may be specified by COG, outlining the work accomplished by the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by such report. Such report shall be furnished within fifteen (15) days of the end of the p6iiod covered by such report. 11. Inspections. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumulated. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors found in the work. 12. Maintenance of Cost Records. The Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in the Project and shall make such material available at all -5- reasonable times during the period of the contract, and for three years from the date of final payment under the contract for inspection by COG, the Concerned Funding Agency,. and if . the work and services to be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the United States, or any of their duly authorized representatives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with this Project. 13. Compliance with Re•uirements of the Concerned Funding Agency. The Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 14. Data to be furnished Agency. All information, data, reports, records and maps which are existing, readily , available and reasonably necessary, as determined by COG, for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 15. Ri•hts in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, speci- fications, estimates, maps, computations and other data prepared by or for it under the terms of this contract shall be delivered to, become and remain, the property of COG upon termination or completion of the work. Both COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations, and works of a similar nature. No reports, maps or other document: produced in whole or part under this contract shall be the -6- subject of an application for copyright by or on behalf o the Agency or its subcontractors. If the work to be perform( under this contract may be subject to certain regulations ,issued by the Concerned Funding Agency. Information regardir these relevant regulations may be obtained upon written request to COG. If this contract provides for the developmer of systems analysis products, models, electronic data processing systems, software and related services, the methoc material, logic and systems developed under this contract shall be the property of COG, and may be used as COG sees fit including the right to re-use and republish the same without limitation; but the same shall also be fully accessib for use by the Agency. 16. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle J COG" . The date (month and year) in which the document was prepared shall also be shown. 17. Interest of A enc . The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees or subcontractors, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract no person having any such interest shall be employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing -7- that the Agency's comtemplated action will not constitute a violation hereof, then the Agency shall be authorized to take such action without being in violation of this paragraph 18. Interest of Members of COG and Others. No officer, ;member or employee of COG, and no public official or any loca, government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporate parnership or association in which he is, directly or indirect interested; nor shall any such officer, member or employee of COG, or public official, of any local, government affected by the Project, have any interest, direct or indirect, in this contract or the proceeds arising therefrom. 19. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share or pa rt of this contract or to any benefits to arise herefrom c . 20. Equal EE2lami Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because of race, color, religion, sex or national origin. The Agency shall take affirmative action to insure that applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Agency certifies that it presently has in effect such an affirmative action program which specifies goals and target dates to assure the implementation of such plan. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Agency will in all solicitations or advertisements for subcontractor ;or employees placed by or on behalf of the Agency, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex or national origin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any or covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontracts for less than $10,000. 00 (b) The Agency shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as COG or the Concerne Funding Agency may require. (c) The Agency agrees to comply with, such rules, regulations or guidelines as COG or the Concerned Funding Agency may issue to implement the requirements of this 'sss paragraph. 21. Compliance with Cost of Living Council. The Agency certifies that it is and will remain in compliance with applicable regulations and standards of the Federal Cost of Living Council in establishing wages and prices. The submittal by the Agency to COG of an invoice or voucher for property, goods or services furnished under this con-tract shall constitute a certification by the Agency that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations and. standards. 22. Changes. COG may require changes in the work and services which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in -9- written amendments to this contract. 23. Assignability. The Agency shall not assign, sublet or transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 24. Termination of the Contract. If the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Agency shall violate any of the covenants, agreements, representations or stipulations of this contract, COG shall give the Agency written notice specifying such failure or violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure or remedy such failure or violatio If within such specified period the Agency shall cure or remedy such failure or violation, or shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated But if the Agency shall fail within such specified period to cure or remedy the same or to take such steps as aforesaid, then this contract shall be deemed to have terminated effecti, at the end of the period of such notice. In the event of such termination, all finished or unfinished documents and other materials collected or produce( under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of liability to COG for damages sustained by COG by virture of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined. 25. Termination for Lack of Funds. In the event of prospective termination due to non-receipt of funds with which to carry out the provisions of this contract the COG may terminate this Contract by giving written notice to the ;Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, all finished or unfinished documents and other materia as described in paragraph 15 above shall, at the option of the COG, become its property (subject to full accessibility thereto by the Agency) and the Agency will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services . The Agency knowledges that if the work of the Agency covered by this Contract, less payments of compensation previously made: Provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination, the Agency shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Agency during the Contract period which are directly attributa to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 26. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all, questions of interpretation and construction shall be construed by the laws of such State. IN WITNESS WHEREOF, the Agency and COG have executed this Agreement as of the day first above written. ..m........m...... . . , .. -11- AGENCY: GRANGE COUnv ■••r••••••■• BY: Title TRIANGLE J COUNCIL OF GOVERNMEN' BY: ,....- Executive Director APPROVED AS TO LEGAL FORM: Counsel, Triangle J Council of Governments ' y '1 1 ATTACHMENT A-1 : Special Conditions - Including Requirements for Prog Reporting to COG As part of the Contractor's responsibility to perform the scope of WOT outlined in Attachment A-2, the Contractor agrees to meet the followir special conditions: 1 . To abide by the legal provisions and regulations of Title Ill of the Older Americans Act of 1966, As Amended; 2. To design the delivery of services outlined in Attachment A-2 in a manner that will encourage the participation of minority and lo income older persons; 3. To furnish the COG with monthly statistics for each service on th numbers of unduplicated persons served (including a breakdown of ority and low-income older persons), the volume of service given other required or essential information; 4. To maintain a distinct financial record for Title Ill and to furn COG monthly with a financial report; 5. To furnish COG with a quarterly narrative on program activities; 6. To furnish COG with quarterly summaries of working relationships s other community service providers for older persons and resources pooled to complement Title 111 funding; 7. To furnish COG with minutes of community interagency meetings; 8. To participate in contract monitoring sessions with the COG to be conducted quarterly for new services and semi-annually for contin- uation services, and to accept occasional on-site visits by COG st 9. To attend monthly meetings of Title III contractors. } r. s /777./1744 ffr,� IMPLEMENTATION PLAN INFORMATION AND REFERRAL Contractor: Orange County Dept. of Aging Area Covered: Orange Co 300 West Tryon Street Hillsborough, NC 27278 919/732-9361 Period: 10/1/80 - 9/30/81 Method of Delivery: Orange County Department of Aging will use Title lii funds to support a full-time Information and Referral receptionist at its Chapel Hill office and a half-time I & R receptionist at its Northern Orange Senior Center. Along with backup assistance from the Department of Aging Director for various cases, its service will involve the giving of information, referral , short-term counseling, and follow-up when necessar Special efforts will be made to ensure the service is highly visible and readily accessible for all elderly in Orange County. informational materials will be developed by volunteers. In addition, the monthly newsletter will be disseminated throughout the county and special information placed in literature holders which are located in strategic locations throughout the communities. Cooperative informal agreements already exist with the Interface Council: INFO and the Town of Chapel Hill Department of Human Services. The Department of Aging will continue to co-sponsor the printing of A Guide to Services and Opportunities for Older Adults. Project Income: Service participants will be allowed to contribute to the program in a way that will ensure the confidentiality of the contributor. Two people will be involved in the counting and receipting of the contributions. All contributions will be presented to the central agency office to be recorded accurately when received, and accounted for and reported on a regular basis. Contributions will be deposited and used to offset the costs of the program on a current basis. IMPLEMENTATION PLAN OUTREACH Contractor: Orange County Dept. of Aging Area Covered: Orange Count, 300 West Tryon Street Hillsborough, NC 27278 919/732-9361 Period: 10/1/80 - 9/30/81 Method of Delivery: Orange County Department of Aging will use Title III funding to support a part-time Outreach Coordinator who will work with volunteers and other community agencies to plan a special outreach program in target areas where low-income older persons reside. A computerized printout of property tax listings will be used to identify older persons according to townships for this outreach effort. Fliers for the Outreach service will be prepared and distributed througl the community. Service will be reported on regularly at the quarterly county interagency meetings. Project Income: Service participants will be allowed to contribute to the program in a way that will ensure the confidentiality of the contributor. Two people will be involved in the counting and receipting of the contributions. All contributions will be presented to the central agency office to be recorded accurately when received, and accounted for and reported on a regular basis. Contributions will be deposited and used to offset the costs of the program on a current basis. ry IMPLEMENTATION PLAN HOMEMAKER-HOME HEALTH AIDE Contractor: Orange County Dept. of Aging Area Covered: Orange County 300 West Tryon Street Hillsborough, NC 27278 919/732-9361 Period: 10/1/80 - 9/30/81 Method of Delivery: Orange County Department of Aging will use Title Ill funding to support a half-time Homemaker Coordinator who will be responsible for the in- service education of homemakers, coordination for appropriate placement of participants with homemakers, and the counseling of participants needing home care. The homemakers will come from a corps of personnel trained to render supportive aide to older persons who have lost some ability necessary to maintain independent living. These homemakers will be under the supervision of a physician, registered nurse or family member. The program will supplement the professional nursing and physics therapy services provided by the Home Health Agency and the County Health Department. In cooperation with the County's health agency, a brochure entitled In Home Services will be updated and distributed. Joint referrals will exist between the Department of Aging, the Department of Social Services, the Home Health Agency, Orange-Chatham Comprehensive Health Services, and the County Health Department. Project Income: Service participants will be allowed to contribute to the program in a way that will ensure the confidentiality of the contributor. Two people will be involved in the counting and receipting of the contributions. All contributions will be presented to the central agency office to be recorded accurately when received, and accounted for and reported on a regular basis. Contributions will be deposited and used to offset the costs of the program on a current basis. + L IMPLEMENTATION PLAN TRANSPORTATION Contractor: Orange County Dept. of Aging Area Covered: Orange County 300 West Tryon Street Hillsborough, NC 27278 919/732-9361 Period: 10/1/80 - 9/30/81 Met hod of Deliver: Orange County Department,ofbEilawill support the nutrition participant though an agreement with .lOCCA which will provide three vans and a driver), okay and recruit volunteers for transportation support, for Chapel Hill E-Z Rider service to continue with its transportation nge support in Chapel Hill and Carrboro, as well as operate vehicles under title of the Department of Aging. The Department will also participate in the Orange County Transportation Planning committee. For persons living within the city limits of Chapel Hill but unable to afford a buspass, the Department will subsidize such a buspass purchase. The Department will use public service announcements in the local media as well as its own newsletter to publicize the service. Project Income: Service participants will be allowed to contribute to the program in a way that will ensure the confidentiality of the contributor. Two people will be involved in the counting and receipting of the contributions. All contributions will be presented to the central agency office to be recorded accurately when received, and accounted for and reported on a regular basis. Contributions will be deposited and used to offset the costs of the program on a current basis. ~ a 4 b IMPLEMENTATION PLAN SPECIAL STATE IN HOME (CHORE-HANDIHELPER) SERVICE Contractor: Orange County Dept. of Aging Area Covered: Orange County 200 West Tryon Street Hillsborough, NC 27278 919/732-9361 Period: 10/1/80 - 9/30/81 Method of Delivery: Orange County Department of Aging will use Title III funding to support a part-time coordinator to supervise chore providers under the Title V Senior Worker Program and/or CETA workers. This program will complement and existing Department of Social Services chore program for Title XX clients and coordinate with the JOCCA Weatherization/Home Repair Program. A brochure on the Chore-Handihelper service will be revised and distribut throughout the County. Project Income: Service participants will be allowed to contribute to the program in a way that will ensure the confidentiality of the contributor. Two people will be involved in the counting and receipting of the contributions. All contributions will be presented to the central agency office to be recorded accurately when received, and accounted for and reported on a regular basis. Contributions will be deposited and used to offset the costs of the program on a current basis. IMPLEMENTATION PLAN LEGAL SERVICES Contractor: Orange County Department of Aging 300 West Tryon St. Hillsborough, N. C. 27278 919/732-9361 Area Covered: Orange County ithrt4 Subcontractor: State Legal Services A 102 West King St. Hillsborough, N. C. 27278 919/732-8137 Period: 10/1/80 - 9/30/81 Method of Delivery: Orange County Department of Aging will subcontract with Northstate Legal provide individual legal assistance for older persons. Northstate will use two University of North Carolina law school third year students who are involved in an independent study program. These students will schedule bi-weekly appointments at the Senior Center and Nutrition sites in the county. An attorney with Northstate Legal Services will directly supervise the work of the two students and provide legal back-up assista Project Income Service participants will be allowed to contribute to the program in a way that will ensure the confidentiality of the contributor. Two people will be involved in the counting and receipting of the contributi, All contributions will be presented to the central agency office to be recorded accurately when received, and accounted for and reported on a regular basis. Contributions will be deposited and used to offset the costs of the program on a current basis. .• IMPLEMENTATION PLAN SENIOR CENTER OPERATION Contractor: Orange County Department of Aging Area Covered: Orange 300 West Tryon Street Hillsborough, N. C. 27278 (919) 732-9361 Period: 10/1/80 - 9/30/81 Method of Delivery Orange County Department of Aging will use funds to support a part-time director and part-time secretary/receptionist in addition to volunteers and Title V supported aides to maintain the operation of the Northern Orange Senior Center located in Hillsborough. Specific activities include: developing necessary formal/informal agreements with various service providers such as JOCCA, DSS, DTI , Health Department, Home Health Agency of Chapel Hill , Recreation Department, Library, etc. Specific activities at the center will include: home repair, eligibility screaming, crafts instruction, eligibility screaming for Department of Social Services ' Programs, speakers and informational phamplets from the Social Security Administration, a monthly consumer information program. An Advisory Council for the Northern Orange Senior Center will also be supported by staff. Information about this Center, will be provided through the Department of Aging's newsletter and community news media. Project Income Service participants will be allowed to contribute to the program in a way that will ensure the confidentiality of the contributor. Two people will be involved in the counting and receipting of the contributions_ All contributions will be presented to the central agency office to be recorded accurately when received, and accounted for and reported on a regular basis. Contributions will be deposited and used to offset the costs of the program on a current basis. ,Y ,.��....—��-��.,.�..... .... ,..�........._.._�.�.,.:.....�.�_.:...-v...r.-mow `__.I .. ATTACHMENT B: Payment of Federal and State Funds to Contractor The Council of Governments will endeavor to secure advance payment from its funding source and forward fund the Contractor accordingly, By the eleventh (ii) day of each month the Contractor will submit tc COG a financial report outlining actual expenditures of the preceedi month and the cumulative amount of federal and non-federal funds bot earned and unearned. On the basis of the COG's review of this report funds will be sent to the Contractor in an amount sufficient for the Contractor to have on hand one-twelfth (1/12th) of the budgeted fede and state funds. It is the responsibility of the Contractor to make arrangements for and to secure in a timely manner the local matching cash and in-kind support from its local contributing sources. "/.9 /=.7 .51) Agenda Item fil2 Ambulance And Emergency Medical Assistance Ordinance Quite some time ago this draft of an Ambulance - EMS Ordinance was prepared for the County EMS Council . This ordinance was reviewed by a council sub-comMitt but was not submitted by the EMS Council to the Board of Commissioners. That coul then ceased to function. The current interim council has not addressed the ordini issue. I am submitting this ordinance to you now as I feel adoption of an ordinance regulating the provision of Emergency Medical Services in the near future is impor The ordinance in its current form is not perfect but would be effective in control these services pending development of a more appropriate document. /olic - „„. Mender Attachment 012 - - “ • AN ORDINANCE REGULATING THE OPERATION OF AMBULANCE SERVICES__ AND THE ADMINISTRATION OF EMERGENCY MEDICAL ASSISTANCE IN ORANGE COUNTY, NORTH CAROLINA WHEREAS, the private operation of ambulances'.foraha transportation of persons injured, infirmed, and invalid is a business'vested with great public interest; and . WHEREAS, 1-Lis essential and necessary or the Publiclgood and welfare and for the Preservation of the hdalthartd. safety- , .. • r . -of the citizens of Orange County, that'a prompt,":adeciu at and efficient ambulance service.ShOuld be available to thdOlfizeris of Orange County; and WHEREAS, the Orange County Board of Commissioners bas:‘ , found and hereby dedlares a publid necessity for thetegulatfo,Jn of the private 'operation of ambulances'. in Orange County; and • WHEREAS,' the administration Of emergency Medical assistance to injured persons is a matter of great public interest and concern; d, WHEREAS, it is essential and necessary for thd public safe and welfare of the citizens of Ornage 'County, North Carolina that such persons as regularly respond to requests *for eniergen,—: aid and assistance ,and xegularly administer medicai7aid to injured persons in emergency medica situations be properly trained and instructed in their tasks; and, WHEREAS, the Orange County Board of Commissioners. has ff and hereby declares a public necessity for the regulation:of the administration of emergency medical assistance 'in Orange ' IWI=MN ,arronmert-..‘r LAW - .., 1 , ., . . , . . _ . . , . . County; . . , NOW THEREFORE, be it ordained by the Orange County, North Carolina Board of Commissioners as f011ows:. • ARTICLE I. Section 1. Definitions. . The 'following words and nhiaes, When used in thia article,: shall have the following prescribed meanings, except when thd . . context clearly indicates a different meaning: a. Ambulance -: any privately or publiclyowned motor • . vehicle or aircraft that is specifically designed or constructed and equipped and is intended to be Used for and is maintained' or operated for the transportation of patients, including dual- purpose police patrol, funeral coaches or hearses, which other- wise comply under the provisions of this ordinance, except any .. such motor vehicle or aircraft owned by or operated under the direct control of the United State S:' . . b. Attendant-- a certified ambulance attendant as required by Chapter l43 of the General StatuteS of the State Of North Caro: and the Medical Care Commission. c. Attendant driver - a person who is qualified as an (.. . attendant and a driver, as set forth in Chapter 14'3 of thd Genera Statutes of the State of North 'Carolina and thd Medical Care Commission. . d. Certificate - 4 permit issued by the Orange 'County_ . _ Board of Commissioners granting the right, privilege and duty to regularly respond to requests for emergency aid and assistance And the ri.ghtf privilege and duty to regularly wiroN. cot_emm4 administer medical aid and assistance to patients In emergency 4 PERNHOLZ ;-n-onNzys F:T Lem medical situations. CNAP:.L Hill—N.C- .• • - 1 1 e. Driver - an individual whci drives or pilots an ambulz---...e f. Dual-purpose police patrol car - a vehicle operated 1...„ a police department which is equipped as an ambulance, even though it is also used for patrol or other police 'purposeS. g. Franchise - a permit issued by the Orange County Board of Commissioners granting the right, privilege, and duty to operate an ambulance or ambulances. h. Board - thd Board of Commissioners of Orange County. ; i. PatieUt - an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. This includes any person being transported to medical attention or from medical attention in an ambulance. 'j. Person - any individual, firm,-partnership, associatf a, corporation, company,. group of individuals acting together- fox a coirmton purpose, or organization of any kind including any governmental agency other than the United States. Sedtion 2. Franchise Required. - A. No person, either as owner, agent or otherwise shall furnish, operate, conduct, maintain, advertise "or otherwise ' - 1 engage in or profess to be engaged in the business or seice ( the transportation of patients upon the public ways of Orange County without first having applied for andobtained franchise 1 1 from the Orange County Board of Commissioners authorizing- such ' operation. Violation of this section shall be punishable 'as - preScribed in General Statute Sl4-4. An ambulance 'operated by an agency Of the United States' shall not he required to be license hereunder. ./ 7Q N COLEMAN 5.ERNHOLZ On7FEIL.AT LAW cms.P.Zt.TCL& II c. - -"- B. No ambulance shall be operated for ambulance purposes an no individual shall drive, attend or permit it to be operated for such purposes on the public ways of Orange County unless it shall be under the immediate supervision and direction of an. " ! ati—nA=nt. C. Provided, however, that no such:requirement shall-be required for an ambulance or for the driver, attendant, or attendant driver of any ambulance which is rendering assistance to a licensed ambulance in the case of a major catastrophe or emergency in which the licensed ambulances of Orange County are insufficient or unable to cope or is operated frOm a lOcatior or headquarters outside' Of Orange County in order to transport, patients who are picked up beyond the limits of Orange County to locations within Orange County. But-no such outside ambulance • shall be used to pick up patients within Orange County for transportation to locations within Orange 'County unless the driver, attendant, or attendant driver and the person subject to prbvisions of this ordinance in respect to such ambulance hold valid certificates issued by the State of North -Cerolina. • . “ Section 3. Application for a franchise.: All persons applying to-the Board for a franchise for the operation of one or more ambulances shall file With -the Board a . ' written application setting forth the following: a. The name and address of applicant and of the. owner of the ambulance b. The trade or other ficitious name/ if any, Under which the applicant does business and proposes to dO business; WINSTON. COLEMAN oenNmot.z ATTORNETT,AT LAW ,.. ■ ., lc. , : _ . .. .... .. .. .. ........._ „ . „ . . , .. . . . ; . . . „ c. The training and experience of the applicant in the .-. r transportation arid care of patients d. A description of each ambulance including the makid, . . - . .. •- model, and year of manufacture, motor and chassis number, curreri . ... • state or federal aviation agency license number, •the length of ; . color . . . . time the ambulance has been in use the scheme, insigni . • . name, monogram or other distinguishing characteristic to be vse0, to designate applicant'siambulance; L e. The net worth of thd owner or applicant over thd above all debts, judgmentsitoliMs and demands whatsoever; . f. Whether there are any unsatisfied judgments or record against such owner and, it so, the title of all actions and le amount of judgments unsatisfied; . - . . . . I ,. corporation,- rd ::i: ::: ::-< applicant 1 :7 : : : ::: is a : es: association Provided if thd court record of any of the officers, directors and supeevis: employees thereof, including general manager or direCtdrf"- _ . h.: Whether there are any liens, mortgaged or othdr encumbrancedon such ambulances and, if so, thd amount and . . Character thereof; , i. And; such other information as the' Board may,.In itd - ; ( , 4 , discretion,reguire. , . - . . . . - Section 4. Granting a franchise: . . Upon receipt of an application for a franchise, :the Board shall fix the time and place for hearing the—appIicante: Nd fr 4 chise shall issue unless the Board shall find, after thd hear , that the public convenience and necessity reguire the propose VICISTON. COLE:f4AN a EISRNHOLIG. ambulance service. Determining whether the public convenience-, , . . , and necessity require the operation of an aabalande'or ambulances for which application for a franchise is made, the Board shall consider and investigate the statements made in the application, v • , the adequacy of existing ambulance service, the financial re- sponSibility, experience and character of the applicanti the public need for additional service, the ability of existirig holders of franchiseS to provide any necessary additional service and any other factors pertinent to such determination. If the r . . Board finds that the public convenience and necessity require "-t.ht . ' proposed ambulance serVice, the Board shall grant 'a franchise upon the terms and conditions prescribed by this Article. - - 7 . • , SeCtion 5. Term of franchise. - \ The franchise granted shall bd for such term and under such conditions as the Board may deem necessary and shall cover such area of Orange County as thd Board shall deeM necessary, provide that any franchise granted may be suspended or reVoked by the Board after a hearing held upon 30-day notice to any franchise i hcilder; No franchise. granted may be sold, assignearjor trans ' i • - i . ferred nor in any way vet in any person other tbdrt tbd 'appli_ca: ( to whom the "franchise is granted. . . 1 Section 6. State regulations. . . I - All ambulances operated by hcilders of r-dricbises:granted ; hereunder shall be subject to the "provisions of "G.S:., 1.30-230 through 130-4234 and to the regulations of the State of North - Carolina adopted beeundex'. _ f, wir4:1-00.NR:LE:AN L Arromirr,..AT LAW I, Section 7. County regulations. A. Every ambulance operated under a franchise, granted hereunder shall be occupied by two persons who possess valid certification. One of these may be the driver of the ambular - 4 B. In addition to possessing the above certification, persons on each ambulance should be 18 years of age and shall have a currently valid certification evidencing successful first aid training or emergency medical care as set forth in the EMS law of thd 1975 North Carolina General Assembly and thd Medical Care Commission. C. Every ambulance franchised hereunder shall carry publit liability insurance against injury to persons and property damage in an amount not less than $25,000.00 in respect to any one person, $50,000.00 in respect to any one accident, and $10,000.00 in respect to property damage. Section 8. Operation of Ambulance . Thd operators of ambulances franchised hdrennder shall operate said ambulance in a careful manner and shall comply with all statutory speed limits, right of way tagulations, and all other highway safety laws enacted by the 'State of Mirth Carolina and all municipal ordinances of cities and towns in whic such ambulance is being operated, whdthdr such vehicles are being • operated on official busineSs, an emergency or otherwise: • Section 9. Certificate Required A. NO person, .either as agent, employee' or otherwise, shall regularly respond to reguests for emergency aid and assistance within Orange County and render aid and assistance to patients in eMergency situations within Orange COunty COLEMAN SERNHOLZ _ 4 S Y tY - t without first having applied for and received a certificate from the orange County Board of Commissioners authorizing such activity. Violation of this section shall be punishable` as described in §14. 4 of the North Carolina General Statutes_' Section 10. Application for Certificate. 1 All persons applying to the Board for a cer_'ti.ficate tc regularly respond to requests for emergency medical ai d- and assistance shall file with the Board a written application 4 setting forth the following: a. The name and address of the applicant and of the . f owner of any vehicle to be used in. responding to the requests for emergency aid and assistance; ... b. The trade name, organizational title or other adopted name, if any, under which the applicant. operates; c. 7Cn the case of any group or association of individuals, a list or roster of the members or • affiliates of the 'organization, their individual. I addresses, the emergency medical training and experiences of each member, special medical skills • or capabilities of each member, contirxuiszg medical I education and training programs of the organizatiofr f [ communication capabilities and requirements of the t 1 organizations's communication system, medical equipment and supplies available for use 'by the organization and all sources of income to-the r - organization; t"lfiJ5TO�t:COLEiAAN k & f3EPNHOLZ `"- 4 . - , e ... , .. ,.. • d. Such other informa.t.ion as the Board, in its discret7, , may require. ... i Section 11. Granting a Certificate Upon receipt of an application for a certificate, ., .., i . . I Board shall fix the time 'and place for hearing the aPpl.i.cant. No certificate shall issue unless the%Board shall find, after* I the hearing, that the public convenience and necessity require ti such certificate issue. Determining vrhether.the public conveniel - and necessity require the issuance of such certificate; the - I Board shall consider and investigate the statements. made in the .. . i . .. . appli the e a.dequacy of existing emergency Inedical. services 1 ,the experience and training of the applicants, the' public ne t for such service and any 'other factors pertinent to such:a. -- — 1 deterrainiation. If the Board finds that the public Convenience and necessity require the issuance of such certificate, the Board shell grant a certificate upon the terms and conditions J. set forth by this Ordinance. t . ;1* , Section 12. Terms of the Certificate.. [I ,... The Certificate, granted shall be for such term and under k. such conditions as the Board may deem necessary and shall cover' r.l. such area. of Orange County as the Board shall deem xiecessary, ,. 4 ti .. i‘ provided that any franchise granted may be suspended or revoked! 1 by the Board after a hearing held upon thirty 4,301 days not e tl to the certificate holder. No certificate ay be Sold( as.signe i or transferred nor in any Nay vest in any other person than ,.. the applicant to whom the certificate.issues. iWINSTON.COLEMAZ1 1 G. lazymmt_z 1 ' i Section 13. Separability. If any sections, subsections, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional,; by any court or competent jurisdictions such . portions shall be deemed a separate, distinct and independent- . provision and. such 'holding shall not affect the Validity of the- remaining portions thereof. Section 14. Effective Date:' , This ordinance shall become effective on Section is Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed,. This the day of •. :,... ).978t t/INVrO4 COLE 4 l " R EIERNHOLT 5 . no-vsra ar ,..., /°n Agenda Item # 13 Request From The Board Of Health For Staff Assistance The Board of Health has requested the Board of County Commissioners provide county staff that would seek a solution to the "health hazard" their environmenta section has identified in the Efland Estates Subdivision. I have discussed this request with the Community Development Director, a Planning Staff Member and an engineer. If you desire to respond affirmatively to the Health Board request I recommend: I. Board authorization to investigate alternative ways of handling waste water accumulating in Efland Estates: a. Pump truck b. package plant c. force main to Or II. Board authorization to investigate alternative ways of handling waste water accumulating in a region centering around Efland Estates : a. pump truck b. package plant c. force main to This investigation, a Preliminary engineering study, would address the three possible solutions to this problem both on a local and regional basis advising the County: a. The cost associated with each solution b. Funding opportunities (grants) available for each solution c. Implementation proceedures necessary for each solution A preliminary study such as this can be obtained for $1 ,500. The staff does not have the necessary engineering skills to perform this task. Prior to making a decision to proceed the Board neds:. to consider the overall practicality of the County moving in this area. Granted, Efland Estates has a seriou, problem which will cost a significant sum to correct. However, there are probably otl areas spread over the County that have now or will have in the not too distant future problems similar to this. Are you as Commissioners ready for the County to assume thE financial burden providing this service could bring about? z, ! r • �/� AM '',�� / "' ' � . �' `' . - ,/..3� � / ` �=� J� , • � .�, � , . ^ _ _ . .. . � . �' ^ ` . ` ORANGE COUNTY HEALTH DEPARTMENT REPORT ON EFLAND ESTATES, SECTION II � ` . •' o` December 12, 1980 ! ^ ' Efland Estates Subdivision, Section II is located along and north of Route #70, one crossroad west of Efland Cheeks School in the Efland Community. This phase of the subdivision conoieto of 44 acres divided into 44 one-acre .'/�� lots. Prior to January of 1974, Bitton Builders, Inc' (presently a non-existent .|`�. '_ corporation) developed this subdivision and homes were constructed on all but �;,`' '_| ` 18 of the lots. The subdivision is served by the Orange-Alamance Water system- , The housing stock is, predominately, 3 bedroom homes of 1,1Ou or less oquazm � ��,`' feet. The principle financing is through the Farmers Home Administration. The homes and yards are well kept up and the area is visually pleasant and reflective of pride of ownership. Presently, there are 26 homes in the subdivision. The environmental staff of the Health Department has been concerned about � / numberouo septic failures in this subdivision For approximately two years. The ' staff has advised residents on attempts to repair their systems and has oxt=n-� - sivoly explored alternative methods of vmSte disposal, as such methods were ap- proved by the Board of Health for use. Attempted repairs have been of minimal, short-term assistance. The area has been rejected for alternative on-site $yatop�. ,�/ , The staff, during the past year has brought in experts and consultants to suggest' solutions to the problem. Notable among those experts were Dr. Robert Carlile .. _, of N.C. State University, Dr. Robert Rubin vp'u,= Agriculture Extension Division, � � and Edward Holland pF the Triangle J Council of Governments- It. has been - concluded by all parties that individual on-site sewage disposal systems of } � known technology will not properly function in this area. �. _, . ' The Attachment indicates that on first survey 21 of the 26 homes had failing systems. The first survey was accomplished on April 18 May 14, 1e80 This high Failure rate (81%) was dramatic considering the Spring had been unusually , dry. On December 11, 1980, the area was resurveyed. On survey the only ' change in status was that the lot 19 system was now found to be badly tioning versus properly functioning before. Therefore, as Of 12/11/80, 22 of the , ,.., 26 systems were failing (which ioanu5% failure rate). The resurvey results ~ were unexpected since the area has had many months of dry weather. Each of the � � failing systems is expected to dispose of a minimum of 300 gallons of waste water ` per day. , doy This would represent a potential of � GOO gallons of waste water per day being improperly disposed pr, This is on extremely heavy pollution load on '�'`'` the environment of this neighborhood. . Most ditches and many yards are contaminated with human excreta. TherefOre~ concern lies with diseases of the gastrointestinal tract. They o .� fever, infectious hookworm disease and a' few other parasitic infections. The following chart is presented to show how one of these diseases of concern is spread: , SPREAD of TYPHOID `� ~_-_____' ~-__---~~-- Excreta -----)1Fingern of Humand--~- ---- --4 Mouths i ,�'� -z from of , - Carrier -�� Cockroaches Foods Persons _ _ 'r '* � " ; 1 ' �^ L^—^-------� Pat��~----- �- � ` - _. . . -'—. - - — ~ ' t ` . ' ~ ° `. Report on Efland Eotates` Section II -2- December 12, 19g0 All vectors listed on the chart (flies, pets, children, etc.) are exposed to the contaminated environment of the arna, Mosquitoes would be of concern due to viral encephalitis and the possibility of malaria. The department has not detected_ evidence of high illness. However, the Department's position is that the single factor which prevents major morbidity problems is the protecte4 public water supply. Contamination of the water sup- :- , ply could easily� occur in a variety of ways as freezing and cracking ' � have oF'lin=o, plumbing cross connections, �tp' Such an occurrence wnul severe ` effects. ' ' . - � ;" � ` ' - evidence Of the problem in Efland Estates and the best solution, Which would oo a community waste disposal system. The Board requested the Director to meet with the County Manager and request that Mebane be asked to explore extension of _ sewer to this area, as one possible oo�u6in" , . The Director has since met with the Manager. As the nearest sewer linedS over five miles away, the Director has concluded this solution is not al, sued by the present owners of the 18 undeveloped nzviazon to either reimburse them what they paid for the lots or validate the'1972 percolation tests on the lots, which would `�� allow them to construct homes. ,The Director refused to reconsider the decision - � ' of the environmental staff (on 14 of the'rumaining 18 lots that the staff has soil tested) that all lots are unsuitable for on-site individual vnd absorp- tion eeptic disposal systems, except lots 33 and 32 which would be Provisionally , suitable if combined into a single lot. Based On extensive soil testing and consultant analysis of the area, the Department's position is that further de- volopment of the area would lead t� �n increase'in the health hazard to residents- . ^ ` The request to honor the 1972 percolation tests can not be honored for multiple rtant among those reasons is that the percolation test was deemed an extremely unreliable indicator and test and discontinued as a primary test on July 1, 1977, by in the State regulations. Orange County adopted the new State regulations and there exists no basis to honor the 1972 perk tests. Secondly, of the 26 developed lots, 23 of these lots were only able to pass the perk test on a second try when the hole was dug to a depth of 48 inches.• This procedure was not in accord with State regulations but was acceptable by the . District Health Department regulations of that era. This put the perk test into saprolite soil which is Unacceptable soil for ground absorption septic systems. ; (Until July 1, 1977, Orange County was part of a five county health district. On that date Orange County formed its own department.) Under regulations adopted July 1, 1977, the subdivision would not have been constructed. However, it does -� � � � exist and the Department considers a serious health hazard to exist in this sub- division and will continue to explore solutions to abate the problem. During the week of December 15, the Health Director will send a letter to the 22 homeowners with failing systems notifying them that their system nvnsti- ' ` • tut=s a health hazard. Secondly, they will be directed to take certain procedures to reduce the hazard. During mid-January, 1981, the Health Director will have trained medical personnel nncl cpnduct a health status survey to determine any currnl=r, tio" between th environmental pollution and health problems. This is seen as a cautionary measure and not expected to document illness due to the protected water supply. ) ------- — - - ' ' — -- ' —' ` �``� « 0,7)//: r 0 " ° 300 W Tryon Street • t" - Hillsborough,NC 27278 g ' • 732-9361 ext 305 Chapel Hilt line 968-4501 HEALTH DEPARTMENT Mebane ape 227-2032 Durham line 688-7333 Can Mill Malt Suite 225 100 N Greensboro Street Carrboro,N.C.27510 942-4168 Jerry Rotrinsort,MAP.A Director MEMO —— TO County Commissioners County Manager FROM: Jerry Robinson -as- Secretary, Board of Health DATE: December 22, 1980 RE: Alleviation of Health Hazard Attached is a document describing a subdivision with significant environ- ment problems. On December 18, the Board of Health upheld the Health Director's decision to declare the area a "health hazard". The Board voted to ask you to immediately provide necessary county staff to seek a solution to this problem. 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"Z.% 1 I tl as• , t) rA7.-- I I 1 ( % I ti . , .- ... e( ,1 -1 I ... 1'4'''t- •!Y A A .,.. . -a-it- ____■;___,... .1...I 1 . 1 „obi .. 0.1 : '..,t' 1 II 01: ■ ‹, - -A NORTH CAROLINA OFFER TO PURCHASE ORANGE COUNTY THIS OFFER TO PURCHASE, entered into this the 5th day of December , 1980, by and between VIRGINIA FOUST of 1811 Capps Street, Durham, North Carolina 27707 and ORANGE COUNTY; WITNESSET H: WHEREAS, Orange County is the owner of the land ■ described below which it purchased pursuant to a tax foreclosure sale on September 29, 1962; WHEREAS, said Virginia Foust is the heir to Roberta Foust, the owner of said lands that were fore- closed and sold for unpaid County taxes; and WHEREAS, the said Virginia Foust now desires to repurchase from Orange County said lands hereinbelow described: NOW, THEREFORE, in consideration of the following terms and conditions, said Virginia Foust makes the following offer of purchase: 1. Virginia Foust hereby offers to purchase the following described lands from Orange County: BEING that certain tract of land lying and being in Cheeks Township, Orange County, North Carolina and more particularly /described as follows: BEGINNING at a rock and pointers, Richard Poteat's Southeast corner, and running thence South 88 deg. 30 min. East 141 ft. to a rock and pointers on the line of W. H. Williams; thence with the line of Williams North 2 deg. East 950 feet to a rock and pointers, Williams corner and on the line of George Crutchfield; thence North 88 deg. 15 min. West 141 ft. to rock and pointers; thence South 2 deg. West 943 feet to the place or point of beginning, containing 3 acres, more or less. Reference is hereby made to a plat of the survey made by J. Ralph Weaver April 17, 1944, which said plat is duly recorded in the office of the Register of Deeds of Orange County. 2. Virginia Foust agrees to pay as a purchase price for said lands the sum of $600.00. It is understood r that the minimum sale price will be $600.00, but no representati41 is made as to whether that price will be accepted by the Orange County Commissioners. COLMAN.BERNHOLZ. DICKERSON,IIERoli GLEDHILL ; &HARGRAVE ATTORNEYS AT LAW CHAPEL HILL N C HILLSBOROUGH N C 3. Accordingly, the said Virginia Faust hereby pays and delivers to the law firm of COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE as escrow agents and County attorney for Orange County the sum of $600.00, same to be held by said escrow agent pending a decision by Orange County whether to accept the offer of $600.00. 4. In the event that Orange County agrees to the sale c ' said property to Virginia Foust, then Orange County, by and through said escrow agent hereinabove mentioned, will notify Virginia Foust in writing of the agreed upon purchase price. Within thirty (30) days of such notice, Orange County will deliver to Virginia Foust a deed conveying the above described premises. All costs associated with this sale shall be paid by Virginia Foust; said costs to include any excise stamp I tax or recording fees. 5. It is understood by the said Virginia Foust that this offer is not at this time accepted by Orange County and may after review and consideration be rejected by Orange County. It is further understood that the said $600.00 deposited contemporaneously with said escrow agent is the minimum purchase.- price for the property. It is further understood and agreed that in the event the $600.00 offer is not accepted by Orange County the said escrow agent will refund the $600.00 to said Virginia Foust or her agent. This the 5th day of Derpmbr , 1980. -- VIRGINIA FOUST / // a-4121,24. -54L; SIX HUNDRED AND NO/100 DOLLARS ($600. 00) good faith escrow deposit money received this date by COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE. . , -2- / 1.1 COLEMAN,BERNHOLZ. Gèsiff ey'R. Gledhi 1 DICKERSON.DERNHOLZ, 110 Ntrilh Charon Street GLEDHILL 64.limkortnyz // Hills okough, North Carolina 27278 ATTORNEYS AT LAW (919) 732-2196 CHAPEL HILL.N.C. HaLSBOROUGH.N C. • Agenda Attachment ill 1 //,1 /-f / gf NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS Virginia Foust has offered to repurchase from Orange County land previously owned by Roberta Foust and foreclosed by Orange County for nonpayment of property taxes and more fully explained in that offer to purchase attached • hereto; WHEREAS Virginia Foust has offered to purchase • said land for the sum of $600.00 and has deposited same with Geoffrey E. Gledhill as escrow agent; • NOW, THEREFORE, it is resolved that Orange County, by and through its governing unit; pursuant to North Carolina General Statute §105--376(c) , in its discretion, will sell and convey to Virginia Foust, heir of the former owner of the property hereinbelow described, that property known as: 1 BEING that certain tract of land lying and being in Cheeks 1 Township, Orange County, North Carolina and more particularly described as follows: 'BEGINNING at a rock and pointers, Richard Poteat's Southeast corner, and running thence South 88 deg. 30 min. East 141 ft, to a rock and pointers on the line of W. H. Williams; thence with the line of Williams North 2 deg, East 950 feet to a rock and pointers, Williams corner and on the line of George 7 Crutchfield; thence North 88 deg. 15 min. West 141 feet to rock 1 and pointers; thence South 2 deg. West 943 feet to the place or point of beginning, containing 3 acres, more or less. Reference is hereby made to a plat of the survey made by J. Ralph Weaver April 17, 1944, which said plat is duly recorded in the office of the Register of Deeds of Orange County. for the price of $ 600.00 The County Attorney is directed to prepare a deed 1 conveying same to Virginia Foust. All expenses incident to the closing shall be paid by Virginia Foust. This the .f.rfaay of tel„u, , 1980. Anne Barnes Orange County Board of Commissioners COLEMAN BERNHOLZ • DICKERSON,BERNHOLZ. GLEDHILL • 6r_HARGRAVE ATTORNEYS AT LAW ICHAPEL HILL N C HILLSOOROLFOH N C ? 0� "Li� �/ BUDGET CALENDAR Jan. 6 Distribute narratives and budget calendar to Department Heads Feb. 2 Budget process and format reviewed with Board of Commissioners Feb. 3 Manager reviews budget procedure with Department Heads Feb. 9 - Mar. 9 Manager ts with individual Department Heads who -` report on last year's objectives; budget narratives ` � are begun; new position and reclassification ta are identified and submitted to Personnel Director for review; line item materials are begun Feb. 17 Public hearing Sharing ' Feb. 27 All Department and Agency Heads forward completed ` narratives to County Manager Mar. 1 - Apr. 10 County Commissioners review department narratives Mar. 16 - Mar. 31 Finance Director prepares revenue estimates using ^ ~ data through February 29° I980 | . Mar. 16 Final budget submissions by Department and Agency ; Heads � x Apr. 6 Tentative budgets involving State funding are submitted to Board of Commissioners for review May 15 County receives school budget ` ' May 19 Schools meet with Board of Commissioners ` May 20 Schools meetmith Board of Commissioners (Chapel Hill) May 19 - May 27 Final assembly of budget May 22 - May 27 \� Manager finalizes budget and prepares message; final meeting with Department Heads June 1 Formal presentation of the budget June 1 - June 19 Budget consideration and informal hearing by Board of Commissioners June 16 Public hearing ( G.S. 259-I8) on entire budget June 22 Formal passage of the budget � ` < __-__ __-__-__ - . ' ` «^ ' �,c ) / .' 3 A PROCLAMATION DECLARING A STAGE I WATER SHORTAGE ALERT AT AN END Whereas, on November 14, I980" the Director of the Orange Water and Sewer Authority advised the Chairman of the Board of County Commissioners that the water level at University Lake had fallen to more than 36 inches below full, and —� .� . Whereas, when this condition occurs the Orange County Water Conservation Ordinance i and the Chairman of the Board of County Commissioners did issue a proclamation declaring a Stage I Water Conservation Alert, and _ . Whereas, the Director of the Orange Water and Sewer Authority has _ now advised the Chairman of the Board of County Commissioners that the level ' � of University Lake has now risen to less than 36 inches below full thus materially reducing the puas10ity of an immediate water shortage, I, now therefore, declare the Stage I Water Conservation Alert proclaimed nn November 14, 1980, at an end and sincerely thank those persons . � w h o coopera ted with th e spirit of that proclamation for their sacrifice during the period that proclamation was in effect. ' .. • December 31, 1980 Anne Barnes, Chair Orange County Board of Commissioners ; -- ' —_ ' A