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Agenda - 06-28-1989
• ORANGE COUNTY BOARD OF COMMISSIONERS • AGENDA • REGULAR MEETING WEDNESDAY, JUNE 28, 1989 7:30 P.M. OLD POST OFFICE CHAPEL HILL, NC A. BOARD AND MANAGERS COMMENTS B. PUBLIC COMMENTS 1 . Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) 2. Matters not on the Printed Agenda C. MINUTES PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control . Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. PUBLIC HEARING 1 . Interim Assistance Grant Application 2. PD-1-89 McLennan's Farm (continuation of public hearing) D. RESOLUTIONS OR PROCLAMATIONS E. REPORTS 1 . JTPA Status Report 2. Reservoir Agreement with Hillsborough 3. University Lake Watershed Study Implementation Issues 4. Water and Sewer Service--Orange Elementary School 4 d. • F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 1 . Bid Award--Roof Replacement at Planning and Agriculture Building 2. Bid Award--Consulting Services for Telecommunication Needs 3. Board of E & R Minutes 4. Tax Refunds Request 5. Contract Between North Carolina Memorial Hospital and Orange County--Flight Paramedics 6. Contract Between North Carolina Memorial Hospital and Orange County--Flight Communicators 7. Agreement Between Orange County and NC Memorial Hospital for Medicaid 8. Legal Services Contract 9. Agreement Between Orange County and NC Memorial Hospital for Social Worker I 10. Engineering Services Consultant Agreement Rencher Street CDBG Program 11 . Professional Service Contract 12. Memo of Agreement Between the Health Department and Planned Parenthood 13. 1989-90 Contract Between the Orange County Health Department and the NC Division of Health Services 14. 1988-89 Audit Contract 15. Resolution of Participation in the State's Land Records Modernization Matching Grant Program 16. Certification of Drug-Free Workplace 17. Contracts--Consent to Sign Insurance 18. Renewal of Leases Expiring in June, 1989 19. Lease Renewal—Efland Rescue Unit Building 20. Contract Approval--Jail Medical Services 21 . Reconsideration of Lease Purchase Proposal 22. Adoption of End of Year Project Ordinances 23. Budget Ordinance Amendment #10 G. ITEMS FOR DECISION—REGULAR AGENDA 1 . Adoption of a Policy on Taxing Boundary Properties Between Orange and Chatham Counties 2. EMS Advisory Council 3. Memorandum of Understanding Between Carrboro, Chapel Hill, Orange County and OWASA Master Plan 4. LUP-1-89 Land Use Element A vavo=CE.N1 5. LIN RaocIA :› V= (NtksrINF: GyvN H. APPOINTMENTS I. ADJOURNMENT EXECUTIVE SESSION - Litigation (*) Indicates items that need immediate attention. --I - .4 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 47-1 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: JTPA Status Report DEPARTMENT: Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Manager Office's 1989-90 JTPA Program Report TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To review 1989-90 JTPA training programs, program operators and funding allocations. BACKGROUND: On April 6, 1989 the Rural Service Delivery .Area Regional Private Industry Council (Regional PIC) met to discuss Job Training Partnership Act (JTPA) 1989-90 training programs. The Regional PIC (Orange, Caswell , Randolph, Rockingham and Vance Counties) agreed to keep the same training program offerings (On-the-Job Training, Institutionalized Offenders Project, Pre-Employment Skills Training/Job Placement Dropout Prevention and the Summer Youth Employment Program) for the upcoming fiscal year. Additionally, the Regional PIC recommended that all fiscal year 1988-89 program operators with satisfactory performances continue operating the same programs for the 1989-90 fiscal year. The Employment Security Commission, operator of the OJT program, enrollments (number of participants served) were less than projected. The Regional PIC recommended the State Division of Employment and Training solicit training proposals for the OJT program. Although Employment Security Commission enrollment figures were low in April, current enrollment figures have improved significantly. On May 11 , 1989 Orange County PIC members met to review proposals and select a program operator for the 1989-90 OJT program. County PIC members reviewed proposals from the Employment Security Commission and the Joint Orange Chatham Community Action Agency. The Employment Security Commission was selected to operate the OJT program for fiscal year 1989-90. 2 Orange County 1989-90 JTPA Program 1 . Pre-Employment Skills Training/Job Placement Dropout Prevention -- training and program activities provided to in-school youth to prevent them from dropping out of school and enhance their transition from school into the labor market. Funding Allocation: FY 1989-90 - $55, 000 FY 1988-89 - $40,000 Planned Enrollment : 80 participants Program Operator: Orange County Schools 2. On-The-Job Training -- for individuals whose skill levels are inadequate to gain employment without special consideration from an employer. Training contracts are developed on an individual basis with interested employers in the area. Employers are reimbursed up to 50* of the trainee's hourly wage to cover the extraordinary cost of training. Funding Allocation: FY 1989-90 - $43,452 FY 1988-89 - $37,389 Planned Enrollment: 20 participants Program Operator: Employment Security Commission 3. Institutionalized Offenders Project -- focuses on outreach, recruitment and assessment services to offenders while they are in prison or on parole. This training program utilizes available community resources to provide jobs and training plans for the offender. The goal is to minimize the impact of release and re-entry into the community. Funding Allocation: FY 1989-90 - $13,500 FY 1988-89 - $13,500 Planned Enrollment: 20 participants Program Operator: Employment Security Commission • 4. Summer Youth Employment Program Funding Allocation: Summer 1989 - $40,000 Summer 1988 - $45,579 Planned Enrollment : 32 participants 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No.��� 2„ Meeting Date: June 28, 1989 SUBJECT: Agreement Between the County of Orange and The Town of Hillsborough for Development of a Raw Water Reservoir on Seven Mile Creek DEPARTMENT: Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S) : Draft Agreement INFORMATION CONTACT: Manager Office 's TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Bill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To present a revised draft of an agreement between the County and Town of Hillsborough for development of a raw water reservoir on Seven Mile Creek for review by the Board of Commissioners. BACKGROUND: The County and the Town have agreed in principal to develop a reservoir on Seven Mile Creek. The County presently owns approximately 160 acres in the Seven Mile Creek reservoir area and has passed a bond issue for funds required to acquire additional land for the reservoir. The Town of Hillsborough must initiate a bond referendum to obtain bond funds required to pay for the remainder of the costs of developing the reservoir, but will not initiate the bond process until an agreement has been signed with the County. This agreement must address issues of the ownership, operation, control and financing of the reservoir. A preliminary draft proposed by the Town of Hillsborough was presented to the County Board of Commissioners at their meeting of June 5, 1989. A revised draft has been prepared by the county staff to address concerns expressed by the Commissioners at their meeting. RECOMMENDATION(S) : Review the enclosed draft agreement . L?3 &3hfl STATE OF NORTH CAROLINA AGREEMENT BETWEEN THE TOWN •OF HILLSBOROUGH, NC. AND ORANGE COUNTY, NC THIS AGREEMENT, made this day of 1989, between the TOWN OF HILLSBOROUGH, N.C. , hereinafter referred to as the TOWN and ORANGE COUNTY, N.C. , hereinafter referred to as the COUNTY. W I T N E S S E T H The TOWN must immediately begin the development of a water supply source in addition to the currently used direct withdrawal of water from the Eno River. The TOWN has selected the Seven Mile Reservoir as a first choice of water supply alternatives. The COUNTY has selected the Seven Mile Reservoir as a first choice of water supply alternatives. The COUNTY has passed a referendum authorizing the sale of bonds in the amount of one million dollars ($1 , 000, 000) and designated for the development of a reservoir. The COUNTY now owns approximately one hundred and sixty acres of land in the Seven Mile Reservoir basin. The COUNTY, the TOWN, the orange/Alamance Water System and Piedmont Minerals are presently joined in the Eno River Capacity Use Agreement which does and will specify maximum rates of water withdrawal and minimum rates of instream flow for the Eno River basin. The Orange/Alamance Water System has passed a Resolution to develop a water supply capacity independent of the Eno River Basin within the coming fifteen year period. NOW, THEREFORE, the TOWN and COUNTY, for and in consideration of matters hereinafter set forth, do hereby agree as follows: The TOWN, after signing this agreement, will immediately schedule a referendum requesting authorization to sell bonds for funding of an alternative water supply. The TOWN, after the passing of said referendum, will proceed with the design, securing of all required approvals and construction of the Seven Mile Reservoir water supply. D12 /11F V 3 The COUNTY will proceed with the survey, appraisal and purchase of properties needed for reservoir construction. The TOWN will execute a payback agreement with the COUNTY for funds expended by the COUNTY for property survey, appraisals and legal fees, land purchases and for fair market value for utilized lands presently owned by the COUNTY. The monies plus interest owed the COUNTY will be amortized over the same time period and at the same interest rate as the bonds utilized by the COUNTY for the above referenced expenditures. Title for said property will be held by the COUNTY until final amortization of all funds owed by the TOWN to the COUNTY, at which time title to all reservoir lands will be conveyed to the TOWN. All funds for amortization shall be obtained through the rate structure for finished and raw water supply sales to customers of the TOWN and its water supply system. The TOWN and COUNTY will enter into an AGREEMENT with ORANGE/ALAMANCE WATER COMPANY relative to the supply of finished or raw water to ORANGE/ALAMANCE and the development of alternative water supplies on watersheds other than the ENO RIVER. The TOWN agrees to limit, to the maximum practicable extent, the out-of-basin transfer of water from the Eno River basin and to limit its out-of-basin customers utilizing the Eno basin water supply to the Orange/Alamance water system. The TOWN will be the sole owner of the reservoir and water contained, and will withdraw and release reservoir water in accordance with the needs of the TOWN water supply system, and in accordance with the Eno River Capacity Use Agreement requirements for both present and future maximum Eno River basin raw water withdrawals and minimum instream flow. The COUNTY will own and control in perpetuity those lands purchased around the normal reservoir pool for use as a park or recreation area. Additionally the County will control the recreation aspects of the surface of the reservoir, with the agreement that this surface recreation is secondary to water supply and usage concerns. The COUNTY and TOWN will enter into an AGREEMENT relative to the expansion of the reservoir as required to accommodate economic development in the reservoir service area. The TOWN agrees to keep the COUNTY informed as to the status of reservoir development with regard to the • • r ij GM IF V 4 • development schedule, permitting and design status and proposed design changes and costs. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this agreement in copies each of which shall be deemed an original on the date first above written. TOWN: BY: NAME: TITLE: • (SEAL) ATTEST: NAME: TITLE: COUNTY: BY: NAME: TITLE: (SEAL) ATTEST: NAME: • TITLE: AGREEMNT 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. E__3 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: University Lake Watershed Study Implementation Issues DEPARTMENT: Manager PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: Memorandum to Joint Chatham-Orange Work Group TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Review the progress of the Joint Chatham-Orange work group on issues associated with the implementation of the University Lake Watershed Study. BACKGROUND: The Chapel Hill , Carrboro, Orange County, and Chatham County planning directors were charged by their respective boards to develop a list of issues to be resolved in implementing the University Lake Watershed Study that was prepared by Camp Dresser and McKee for OWASA. On June 13, 1989 the planning directors and their staffs and a representative of OWASA met . It was the consensus of the group that the water quality goal and general findings of the University Lake Watershed Study ("the Study") were acceptable as stepping off places for these discussions. The water quality goal underlying the study's recommendations is that future University Lake water quality degradation should be minimized, and that significant future deterioration should be prevented. RECOMMENDATION(S) : Review Memorandum t � 2 MEMORANDUM TO: joint Chatham-Orange Work Group Members FROM: Planning Directors of Chapel Hill,Carrboro,Orange County,County, OWASA ' DATE: June 21, 1989 SUBJECT: Issues associated with the implementation of the University Lake Watershed Study The Chapel Hill, Carrboro,Orange County,and Chatham County planning directors have been charged by their respective boards to develop a list of issues to be resolved in implementing the University Lake Watershed Study that has been prepared by Camp Dresser and McKee for OWASA. On June 13, 1989 the planning directors and their staffs and a representative of OWASA met. It was the consensus of the group that the water quality goal and general findings of the University Lake Watershed Study ("the Study") were acceptable as stepping off places for these discussions. The water quality goal underlying the study's recommendations is that future University Lake water quality degradation should be minimized,and that significant future deterioration should be prevented. Attached is a compilation of the lists of issues received from each jurisdiction. The staff group presents these implementation issues as background to support the Work Group's discussions about the development of a process and timetable to be followed in the implementation of the Study. The comprehensive list of issues is organized into groups under five topical headings: Land Use,Utility Service Alternatives,Financing,Timing, and Equity Issues. It was the consensus of the group that these sets of issues should be distinguished to provide some clarity, but that the issues themselves are quite interrelated. The group concurred with the study's finding that watershed protection is best achieved through a coordinated combination of land use and utility extension and management policies. Of the issues that were identified by the staff group, several stand out as 'first tier" issues in terms of their importance. The staff group felt that these issues warrant highlighting in this introduction. These issues are generally paraphrased below, and are stated in more depth in the comprehensive list which is attached. . There are three overall land use approaches recommended by the study, from which local jurisdictions can choose. Are any of these recommendations unacceptable to any of the jurisdictions? What option does each jurisdiction prefer? 1 1,1 3 • • Two of the three land use approaches require the creation of a new program for the inspection and maintenance of structural stormwater BMPs -- both on-site and regional. Who will be responsible for planning and implementing this program? How will it be financed? • Will itublic water and sewer service be extended into the watershed? Under what conditions? Should clustering be allowed only where water and sewer service is available? • The Study recommends that reliance on alternative sewage treatment and disposal systems to serve clustered developments requires the creation of a new pr ram for some gmpection and maintenance„potentially including operation of such alternative systems. Who will develop and implement such a program? How will it be financed? • Is an overall joint watershed land use plan desired,as a basis for implementation of the study,and for the development of a regional BMP approach? Who will be responsible for the development of such a plan? • OWASA consumers are the principal beneficiaries of the Study's implementation. Should OWASA consumers be asked to bear some or all of the costs,associated with the Study's implementation? By what mechanism? • Is a phased approach to implementation desired? Finally,one or two of the group members have suggested that there may be some benefit in seeking an independent third-party facilitator to help the Work Group develop an agreement on the timing and specifics of actions to be taken by each jurisdiction. 2 4 IMPLEMENTATION ISSUES I LAND USE ISSUES • It should be made clear that all jurisdictions don't have to adopt the same land use approach,but that there are three options,and that two of the options have associated requirements in addition to zoning. The following is a list of the options available to local governments: 1) Five acre minimum lot size zoning, with a 4%impervious surface limit; 2) Five acre cluster equivalent, which allows:half acre lots,provided that a 4% impervious surface limit is kept, an on-site structural BMP is provided to reduce the effect of pollutant slug loadings, and approximately 85%of the development maintained as permanent open space. (This option yields overall densities of between 3.3 acres per dwelling unit). 3) Existing land use plans with a 62 impervious surface limit(whether or not public water and sewer is available) for two acre lots and 12%impervious surface limits for one acre lots -- with structural starmwater BMPs (on-site or regional) provided for all developments. This option is recommended for use where either of the other two options are considered to be infeasible, and only if there is a publicly funded and operated program of effective inspection and maintenance of the stormwater BMPs. • If some local governments decide to go with the higher density/structural control option,who will take responsibility for the long-term performance of the structural BMPs? Will the structural BMPs be on-site or regional facilities? If on- site structures will be used, there should be some agreed-on design standards for those facilities. If regional BIvIP structures will be relied on, a BMP Master Plan will have to be prepared. Who will take the lead agency role in that effort? How will it be paid for? (see also Financing) • • Because impervious surface limitations are the key to the various land use approaches, the term "impervious surface"needs to be defined so that all jurisdictions are consistent in their regulation. Currently,Carrboro and Chatham County include gravel roads in their definition of impervious surfaces,and Orange County does not,for example. • The term "clustering"needs to be carefully used and defined,since each jurisdiction is likely to have a different definition of clustering in its ordinance, all of which may differ from the Study's recommendation. (The Study's definition calls for half acre lots, a maximum of 42 impervious surfaces, 85 of a development preserved permanently as open space, and an on-site structural stormwater BMP to reduce the effects of pollutant slug loadings). 3 • 5 * Will clustering be allowed only where conventional sewage collection service (by OWASA)can be provided? Or should clustering be allowed everywhere, on alternative treatment systems,provided that there is some public program for their inspection and maintenance (or operation)? (See also Utility Service Options) * Clustering ordinances need to be written to ensure that the clustering of dwelling units occurs away from water courses and other sensitive areas, and that the open space preserved as part of a clustered development is preserved in perpetuity. • Where developments are not clustered, is it acceptable for the overall density of a parent tract to be the controllirig factor, such that there could be ten acre lots and two acre lots in a subdivision so long as the overall density does not exceed one unit per five acres? If the overall density approach is taken,should density calculations take the area in roads into account,or should roads not be included in the calculation of the overall density of a tract? * Should there be additional limits on commercial and industrial uses in the University Lake Watershed? * Is a joint land use plan for the watershed area desired? Is such a plan necessary in order to implement any Transfer of Development Rights (TDR)program as made be established? (See also Equity) Which jurisdiction should take the lead role? * Should the local jurisdictions phase in various regulatory and programmatic options? (See also Timing) II UTILITY SERVICE OPTIONS * Will public water and sewer extensions be permitted in the watershed? Should extensions be permitted only to allow clustering? If extensions are permitted,in what portion of the watershed will they be permitted? How will that be determined? * Should clustering be permitted only on public water and sewer systems,or is the expectation that clustering will occur also on alternative treatment systems? If permitted only on public water and sewer systems, should clustering be allowed only where conventional service is immediately feasible,or also where such service is eventually likely? (See also Land Use) • If public water and sewer service is permitted in the watershed,how can the extension capacity be limited, in order to control the resulting development potential? 4 • 6 • Will alternative treatment systenis be permitted in the watershed? • e If alternative treatment systems are permitted in the watershed, the Study recommends that there should be a publicly-run program of inspection and monitoring of those systems. Which jurisdiction will take the lead role? Will OWASA take the lead? (See also Financing) * If alternative treatment systems are permitted in the watershed,should there be a set of local design criteria established for such systems? Should the County Health Departments or OWASA take over the full responsibility for operating such systems? • Will the County Health Departments or OWASA take responsibility for a monitoring and inspections program for conventional septic tank systems? Should more stringent criteria for these systems be developed,especially if they will be the predominant method for sewage treatment in the watershed? • Who will take the lead responsibility for establishing and implementing a water quality monitoring program in the watershed? III FINANCING • How should an inspection and monitoring program for alternative wastewater systems be financed? Who will take the lead agency role? How will a program for full public operating responsibility be financed? (See also Utility Service Options) • How should an inspection and maintenance program for on-site stormwater BMPs be financed? Who will talc, the lead agency role? (See also Land Use) * How should a regional stormwater BIVIP program be planned and financed? Who will take the lead agency role? (See also Land Use) • • What will be the impact on the local tax base of the various options set out by the study? What will be the overall financial implication, given the need to set up and finance various new programs? IV TIMING • Should the jurisdictions identify and set priorities for short-term and long-term watershed protection strategies? Because many of the possible pieces of the recommended approach (such as regional stormwater BMPs,and public operation and maintenance of alternative systems)will take a long time to develop and get into operation,should there be some phasing in of implementation strategies? For example, an interim approach could be taken which would require the 5 g f nonstructural five acre minimum lot size approach, without clustering,for monitoring and inspection of alternative treatment systems and stormwater Stops can be set up. • A realistic timetable must be developed for identifying areas appropriate for the cluster equivalent alternative (if clustering is not to be allowed everywhere), amending land use plans or creating a watershed land use plan if that is seen to be appropriate,amending development ordinances and zoning maps, and developing and financing inspection and maintenance programs for alternative treatment systems and structural stormwater Bl�gps. • The process and timing by which the various pieces of the overall implementation strategy will come on line is as important as the details of the standards and programs themselves. V EQUITY' • OWASA consumers are the principal beneficiaries of the implementation of the study and the protection of the University Lake Watershed. Should these consumers be asked to bear some or all of the costs associated with the study's implementation? By what means should this occur? • Should a transfer or purchase of development rights program be developed (through gaining legal authority and designation of donor and receiver sites)in order to compensate for the reduced development potential in the University Lake Watershed that is associated with the five acre minimum lot size requirement? Does this require the preparation of a joint land use plan for the watershed? (see Land Use) • How can the costs of the recommended programs for inspection and maintenance of stormwater structural BMPs and alternative sewage treatment systems be equitably financed? 6 • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. E.- - ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 28, 1989 SUBJECT: WATER AND SEWER SERVICE--ORANGE ELEMENTARY SCHOOL DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE LETTER FROM SUPERINTENDENT OF X501 ORANGE COUNTY SCHOOLS TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive an update on the progress made with regard to provision of municipal water and sewer service to the new Orange County elementary school . BACKGROUND: Dr. Dan Lunsford, Orange County Schools Superintendent, met with the Hillsborough Town Board on June 19 and the consensus expressed was a willingness by Hillsborough to provide water and sewer service to the new elementary school at the intersection of New Hope Church Road and 86 and a willingness to share in the costs of line installation. Such installation will run through a small portion of- the Rural Buffer, thereby requiring approval by Chapel Hill, Carrboro and Orange County through our joint planning agreement. Therefore the staff will be presenting this item for inclusion in the Public Hearing Notice for the September 14 Joint Public Hearing. This Public Hearing Notice will be prepared for presentation at the Commissioners August 15 meeting. RECOMMENDATION(S) : • ‘? /98.9 Mrange Tountg ttriinols t . 2 DRAFT 200 EAST KING STREET HILLSBOFIOUGH,NORTH CAROLINA 27278-2570 OFFICE OF THE SUPERINTENDENT (919)732.8126 June 21, 1989 Mr. John Link, County Manager Orange County P. 0. Box 8181 Hillsborough, NC 27278 Dear Mr. Link: • Re: Municipal Water and Sewer Service New Elementary School I am pleased to report to you that the Hillsborough Town Board received favorably the request of the Orange County Board of Education for municipal water and sewer service as outlined in the attached document. You will, recall that I sent you a copy of this proposal earlier prior to my attendance at the Hillsborough Town Board Meeting. The consensus of the Town Board when I met with them on June 19 was that they are very interested in providing water and sewer service to the school within the provisions of the County Water and Sewer Policy. Furthermore, they indicated a willingness to share in the cost of the installation of these lines, and I am to continue my dialogue with you and Mr. Whitaker on the specifics of the financial cost in any proposals on sharing of costs. I would appreciate any reaction that can be given to this proposal by the Orange County Board of Commissioners since the provision of water and sewer service to the school is covered by the County Water and Sewer Policy and the joint planning agreement with Chapel Hill and Carrboro. Specifically, I would request that this proposal be included on the agenda of the joint public hearing to be held in August with Orange County, Chapel Hill and Carrboro. If I can provide additional clarification through more information or attendance at a Commissioners Meeting, please let me know. Thank you for your continuing assistance and advice in this matter. Sincerely, Dan G. Lunsford Superintendent DGL:ha Attachment cc: Mr. Phillip Whitaker, Town Manager Dr. Kay Singer, Board Chairman STATE OF NORTH CAROLINA AGREEMENT BETWEEN THE TOWN OF HILLSBOROUGH, NC. AND ORANGE COUNTY, NC THIS AGREEMENT, made this day of 1989, between the TOWN OF HILLSBOROUGH, N.C. , hereinafter referred to as the TOWN and ORANGE COUNTY, N.C. , hereinafter referred to as the COUNTY. WITNESSETH The TOWN must immediately begin the development of a water supply source in addition to the currently used direct withdrawal of water from the Eno River. The TOWN has selected the Seven Mile Reservoir as a first choice of water supply alternatives. The COUNTY has selected the Seven Mile Reservoir as a first choice of water supply alternatives. The COUNTY has passed a referendum authorizing the sale of bonds in the amount of one million dollars ($1 ,000,000) and designated for the development of a reservoir. The COUNTY now owns approximately one hundred and sixty acres of land in the Seven Mile Reservoir basin. The COUNTY, the TOWN, the Orange/Alamance Water System and Piedmont Minerals are presently joined in the Eno River Capacity Use Agreement which does and will specify maximum rates of water withdrawal and minimum rates of instream flow for the Eno River basin. The Orange/Alamance Water System has passed a Resolution to develop a water supply capacity independent of the Eno River Basin within the coming fifteen year period. NOW, THEREFORE, the TOWN and COUNTY, for and in consideration of matters hereinafter set forth, do hereby agree as follows: The TOWN, after signing this agreement, will immediately schedule a referendum requesting authorization to sell bonds for funding of an alternative water supply. The TOWN, after the passing of said referendum, will proceed with the design, securing of all required approvals and construction of the Seven Mile Reservoir water supply. 1 • The COUNTY will proceed with the survey, appraisal and purchase of properties needed for reservoir construction. The TOWN will execute a payback agreement with the COUNTY for funds expended by the COUNTY for property survey, appraisals and legal fees, land purchases and for fair market value for utilized lands presently owned by the COUNTY. The monies plus interest owed the COUNTY will be amortized over the same time period and at the same interest rate as the bonds utilized by the COUNTY for the above referenced expenditures. Title for said property will be held by the COUNTY until final amortization of all funds owed by the TOWN to the COUNTY, at which time title to all reservoir lands will be conveyed to the TOWN. All funds for amortization shall be obtained through the rate structure for finished and raw water supply sales to customers of the TOWN and its water supply system. The TOWN and COUNTY will enter into an AGREEMENT with ORANGE/ALAMANCE WATER COMPANY relative to the supply of finished or raw water to ORANGE/ALAMANCE and the development of alternative water supplies on watersheds other than the ENO RIVER. The TOWN agrees to limit, to the maximum practicable extent, the out-of-basin transfer of water from the Eno River basin and to limit its out-of-basin customers utilizing the Eno basin water supply to the Orange/Alamance water system. The TOWN will be the sole owner of the reservoir and water contained, and will withdraw and release reservoir water in accordance with the needs of the TOWN water supply system, and in accordance with the Eno River Capacity Use Agreement requirements for both present and future maximum Eno River basin raw water withdrawals and minimum instream flow. The COUNTY will own and control in perpetuity those lands purchased around the normal reservoir pool for use as a park or recreation area. Additionally the County will control the recreation aspects of the surface of the reservoir, with the agreement that this surface recreation is secondary to water supply and usage concerns. The COUNTY and TOWN will enter into an AGREEMENT relative to the expansion of the reservoir as required to accommodate economic development in the reservoir service area. The TOWN agrees to keep the COUNTY informed as to the status of reservoir development with regard to the development schedule, permitting and design status and proposed design changes and costs. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this agreement in copies each of which shall be deemed an original on the date first above written. TOWN: BY: NAME: TITLE: (SEAL) ATTEST: NAME: TITLE: COUNTY: • HY: NAME: TITLE: (SEAL) ATTEST: • NAME: TITLE: • AGREEMNT e 1 ORANGE COUNTY BOARD OF COIUIISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. f:-.1 MEETING DATE JUNE 28, 1989 SUBJECT: BID AWARD; ROOF REPLACEMENT AT PLANNING AND AGRICULTURE BUILDING ***************************************************************************** DEPARTMENT: PURCHASING AND CENTRAL SERRVICES PUBLIC HEARING YES X NO ***************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EX BID TABULATION T: 498 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 ***************************************************************************** PURPOSE: To consider awarding a bid for replacing the roof at the Planning & Agriculture Building on Revere Road. BACKGROUND:Funds were allocated in the 1988-89 budget for replacing the existing roof with a metal roof system at the Planning & Agriculture Building. Orange County's needs were advertised pursuant to G.S. 143-129. Bids were received from three vendors. A tabulation of the bid is attached. C.C. WOODS CONSTRUCTION COMPANY, INC. submitted the low bid at a cost of $74,400.00. RECOMMENDATION: Award the bid for replacing the roof the roof to C.C. WOODS CONSTRUCTION COMPANY, INC. for a sum of $74,400.00 • 2 1 N 1 14 14 •• W •• a E, D 0 a 14 0 is a 11 D 4 N W a 4 a w w0 H 0 0 a m III • o a H pq E 4 E 0 M O H M Q p w10 o o E a OChH • D 0 H oo o H Q a V 0 Of Iiii 0 'W 0 H Z a rr-- a z • 0 aaD H z A w 0 v2 [A 4 4 CO • 113 �+ �+ 2 z H • Z Di 14 c'- e- 0 o Z 0 0 A 4 "' ° H 0 H aa 14 a H a H 1,4 a O vO W W a Z i °a a H 0 U 1.)o 0 H S 5. U W H H 0 Z Z 0 Z ral 0 VI 0 3 0 3 U 4 A H U U -- .4i • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-14 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: Engineering Services Consultant Agreement Rencher Street CDBG Program DEPARTMENT: Housing/Community Dev. PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes Consultant Agreement (under seperate cover) TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve the selection of an engineering consultant for the Rencher Street CDBG Program, authorize the Chair to execute the Consultant Agreement on behalf of the Board contingent upon the release of CDBG funds by NRCD and approval by the County Attorney and authorize the Manager to execute engineering design related subcontracts for a total amount not to exceed $5,000. BACKGROUND: A main activity of the Rancher Street CDBG Program is the provision of the following public facility improvements: water and sewer line installation and street paving. To accomplish these improvements, the County must engage the services of a qualified engineering consultant for all public facility planning including project design, cost estimates and supervision during the construction phase. Ten (10) engineering firms were invited to submit proposals to provide the consultant services necessary. Eight responses were received. An evaluation team consisting of the County Engineer, Purchasing Director, Public Works Director and the Housing and Community Development Director was formed to review these proposals. The proposals were then evaluated and ranked according to the criteria stated in the proposal . As a result of this review, the Evaluation Team recommends Finkbeiner, Pettis & Strout, Limited to provide consultant services for this project. Successful negotiations have been completed with this firm to provide these services for $50,000. However, an agreement cannot be signed until we have received an official release of funds authorization from NRCD. This request was made on June 6, 1989 and County staff anticipates the actual release of funds should take place in late June or early July. To avoid delay once the funds are released, County staff is requesting that the staff recommendation be approved with execution of the contract after formal release of funds by NRCD. 2 Also, as a cost reducing measure, subcontractors hired to perform the following services related to engineering design will be paid directly by the County, thereby eliminating the additional cost of the engineer subcontracting these services. The services are property surveying, easement/property deed description and recording, geotechnical services and legal services. These services in total should not exceed $5,000. Therefore, staff is requesting that the Manager be authorized to execute such subcontracts as deemed necessary. No subcontracts will be entered into until the Consultant Agreeement has been executed. RECOMMENDATION(S) : 1 . Approve the Staff recommendation of Finkbeiner, Pettis & Strout, Limited as the Consultant engineer for the Rencher Street MSG Program. 2. Authorize the chair to execute the Consultant Agreement on behalf of the Board following the release of funds by NRCD and approval of the document by the County Attorney. 3. Authorize the County Manager to execute engineering related subcontracts for a total amount not to exceed $5,000. • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F.41 ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 28, 1989 SUBJECT: PROFESSIONAL SERVICE CONTRACT DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X 311 3-PAGE AGREEMENT TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: For the UNC-CH, School of Medicine, Department of Obstetrics and Gynecology to provide Medical Services in the Maternal Health Clinics of the Health Department. BACKGROUND: This renews a contract that has been on going for several years and is still seen as a needed service. The cost of this year's contract would be $8,344.00. This represents a 4% increase over the previous year. RECOMMENDATION(S): Approve the agreement and authorize the Chair to sign. 1 STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL For Its Department of Obstetrics and Gynecology in the School of Medicine This Agreement made and entered into this the 1st day of May , 1989 by and between The University of North Carolina at Chapel Hill. hereinafter referred to as "The University ," for its Department of Obstetrics and Gynecology in the School of Medicine; and the Orange County Health Department, hereinafter referred to as the "OCHD." Wif NE@Mlis WHEREAS, OCHO desires to contract with The University for obstetrical and gynecological professional services to improve obstetrical care; patient understanding and satisfactory, communication between the care providers in the Orange County Health Department and The University' s Department of Obstetrics and Gynecology; and WHEREAS, The University's Department of Obstetrics and Gynecology desires to provide these services for OCHD; NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants, and conditions. OCHD and The University agree as follows: A. A third year resident in Obstetrics and Gynecology will be assigned for a minimum period of ten weeks to the Hillsborough Clinic every Thursday beginning at 1:00 p.m. to 3:30 p.m. An exception to this time schedule is the 3rd Thursday of each month when the resident will begin at • 1:30 p.m. The assigned resident shall notify the clinic manager no later than 1:00 p.m. of a change in the expected arrival time in clinic. The resident' s function will be: 1. To provide normal prenatal care 2. To provide high risk prenatal care to patients who may be referred by the nurse practitioner . 3. To serve as backup obstetric and gynecologic consultant for the nurse practitioner. 4 . To assist in the dispensing of prenatal medications. 5. To consult with the senior attending at NCMH about patient referrals and high risk patients. • • Page 2 of 3 Agreement Between Orange County Health Department and The University of North Carolina at Chapel Hill - Department of Obstetrics and Gynecology All care rendered will be appropriately documented in writing. B. The Medical Director of OCHD will be in attendance every Thursday between the inclusive hours of 1 :30 p.m. and 4 :30 p.m. for the following purposes: 1. Consultation about patient referrals from nurse practitioner. 2. To serve as primary obstetric and gynecologic supervisor for OCHD nurse practitioner, perform chart verification and signature for all prenatal patients who have been seen by the nurse practitioner and the resident during the previous week as required by the Board of Medical Examiners. 3. Individual and Group conferences with residents, nurse practitioner, Public Health nurses, for staff development and explanation of OCHD policies and management procedures , case conferences and in—service education. 4 . Development of standing orders procedure manual for nurses, nurse practitioners and residents . 5. The Medical Director shall accept responsibility for the work done by the nurse practitioners during the morning hours of each clinic. C. The University 's Department of Obstetrics and Gynecology proposes to contract for 50 clinics per year (there being no clinic during Thanksgiving week and allowance being made for one additional week relative to an agreed upon holiday) . Each clinic will require 2 1/2 hours of resident time. For 50 clinics the total cost per year would be $8,344.00. D. Upon request, The University will provide evidence of Professional Liability coverage by the North Carolina Memorial Hospital in the amount of at least $1,000,000.00 on all duly appointed members of the duly appointed Housestaff under the self insurance program of the of the University of North Carolina at Chapel Hill. In order to cover financial • liability which may arrise from the negligence or wrongful acts or omissions of such residents/housestaff while on rotation at Orange County Health Department. E. This Agreement shall run for a period of one (1) year from the 1st day of July. 1989 to the 30th day of June, 1910 and shall be renewal from year to year thereafter upon written notice executed by both parties. F. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 30 days prior to 1 Page 3 of 3 Agreement Between Orange County Health Department and The University of North Carolina at Chapel Hill Department of Obstetrics and Gynecology termination. In the event of such termination any payment due shall be prorated to the date of termination. G. It is the intent and purposes of this Department to send a senior resident; however, due to circumstances beyond our control, it may be that a resident other than 3rd year may necessarily attend the clinic. H. The OCHD hereby agrees with The University that, in its educational and/or employment practices, said contracting party will comply with such non—discrimination laws as may be applicable to it in the performance of this contract. • I. . This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. J . The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF FOR AN ON BEHALF OF THE UNIVERSITY OF ORANGE COUNTY HEALTH NORTH CAROLINA AT CHAPEL HILL DEPARTMENT iff)tuttit' aw;42-4-, ) /11: Daniel B. Reimer, Director Ben J . Ti;chi, h.O. , Wce Chancellor ness and Busi Finan e Date: 6/7/37 Date: Q y/ef "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. " Director, Orange County Finance Date: 0.-Y1 / Chairman, Board o C. 7issioners Date: cl5 tfr9J pr • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. F42. Meeting Date: JUNE 28, 1989 SUBJECT: MEMO OF AGREEMENT BETWEEN THE HEALTH DEPARTMENT AND PLANNED PARENTHOOD DEPARTMENT: HEALTH • PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: HFAT,TH THREE PAGE AGREEMENT DIRECTOR'S OFFICE X 311 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham -- 688-7331 PURPOSE: This memorandum confirms the agreement between the Health Department and Planned Parenthood to implement the minority AIDS education project, "In the Know". This agreement is for the period October 1, 1988 through September 30, 1989. The funds are not to exceed $18,021.00 BACKGROUND: The Orange County Health Department was one of the five in North Carolina to receive a grant to carry out the project indicated above. The proposal that a portion of the project would be sub-contracted with PlannedParenthoodated through its "Natural-Helper" program. . • RECOMMENDATION(S): Approve the agreement and authorize the Chair to sign. • 1111 MEMORANDUM OF AGREEMENT • 6 This memorandum confirms the agreement between the Orange County Health 11 2 Department (OCHD) and Planned Parenthood of Orange County (PPOC) to implement the minority AIDS education project "In the Know". This agreement is for the period October 1. 1938 through September 30. 1989. 1 A. PPOC will provide the following services: 1. The Natural Helpers Project Coordinator will meet with the OCHD "In the Know" Advisory Board. The Board will help provide community support for the project. identify potential Natural Helpers, review AIDS-related educational materials. . • 2. PPOC will recruit, train, and supervise Natural Helpers to provide information about AIDS and family planning issues. Previously trained Natural Helpers will receive approximately 4-6 hours of additional training in AIDS-related issues. At least five minority helpers will be trained. 3. An additional group of helpers will be trained in northern Orange County on issues related to teen pregnancy and AIDS by December 30. At least five minority helpers will be trained. • 4. In Spring 1989. 5-10 minority Natural Helpers will be trained in southern Orange County on issues related to teen pregnancy and AIDS. 5. PPOC will provide at least five community AIDS education programs. At least two of these will be in collaboration with other agencies and organizations in the community. 6. PPOC Natural Helpers will provide information about and referrals for • AIDS to approximately 200 community members by September 30. 1989. B. All volunteers trained by PPOC will be supervised by the PPOC Natural Helpers Project Coordinator. This supervision will include personal visits, contact by telephone, and monitoring of volunteer reports. C. The OCHD Clerk will provide secretarial support to the Program. This will include production and distribution of Natural Helpers newsletter, notification of meetings and distribution of the monthly calendar to Helpers, preparing materials for training, and tabulating and typing of reports. D. PPOC will provide quarterly reports to the OCHD on progress toward meeting objectives and expenses incurred. These reports will be due to OCHD on April 15, July 15, and October 15. The format of the reports will be consistent with the reports required ,by the Division of Health Services. OCHD will file reports with the Division of Health Services. E. OCHD agrees to pay PPOC for services provided under the term of this contract. Total compensation will not exceed $18,021 (see attached budget) . Compensation will be made in the following manner: 1. For the first and second quarters: Upon execution of this agreement. OCHD will make payment to PPOC of one-quarter of the funds budgeted for the year. • 3 KPiA 2. For the third and fourth quarters: One-quarter of the funds budgeted for the year adjusted by over tunder) expenditures reported for the g;6 previous quarters will be paid by the last day of the first month of the quarter. Any refund due OCHD for unexpended funds during the period of this agreement -will be refunded by PPOC before October 30. 1989. F. Any media material must be submitted to the Executive Director of PPOC and to the Director of OCHD prior to release to the public. G. This agreement may be modified upon mutual agreement of the OCHD and PPOC. All modifications must be in writing and signed by the parties to this agreement. H. Either party may terminate this agreement by giving 30 days written notice to the other party. In the event of termination. PPOC will be paid an amount which bears the ratio to the total compensation as the services actually performed bear to the total services of PPOC covered by this agreement. I. Both parties agree to abide by all laws and regulations regarding the confidentiality of patient information. J. PPOC agrees to abide by the standards contained in the Consolidated Contract between the State of North Carolina and OCHD or to provide such information as to allow OCHD to comply with these standards. K. Karen Price is designated the PPOC contact person and Eileen Kugler is designated as the OCHD contact person with responsibility for matters relating to this agreement. Agreed: elpe,44,;) Ex tive Director. PPOC Date dela/ / 7 President, PPOC Date 6%304( e t3 . /41.1;WIRA...- t6M/C , • Director, OCHD Date 7 .."1 4 .4.VP7 Finance Director, OCHD Da e( (This instrument has been pre-audited in the manner required by the Local cove rent Budget al . Fiscal Control Act. ) Chair of the Board of Coy -loners. Date OCHD 1 ;k , . 4 ORANGE COUNTY. HEALTH DEPARTMENT • AIDS EDUCATION PROGRAM FOR MINORITY YOUTH PPOC Final Revised Budget OCHD Subcontract Budget PERSONNEL Health Educator 10Z 2121 Coordinator 65% 20,505 13,300 Clerk Typist 50% 2,400 7484 • Subtotal 22,905 9605 13,300 FICA & Retirement 3,927 1350 1,060, Health Insurance 1,458 1001 516 • Unemployment 45 • Subtotal $ 28,290 $ 11,956 $14,921 $26,877 OPERATING Travel & Training 915 - 300 800' Telephone 635 360.' 700 Motor Pool 456 100 Postage 200 200 100• Duplicating 600 300 300' Printing 529 • 300 200 Office Supplies 400 400 300. Educational Supplies 300 388 300 • Volunteer Development - 400 Subtotal - $ 4,035 $ 2,348 $ 3,100 $ 5,448 EQUIPMENT Office furniture 667 667 667 TOTAL $32,992 $14,971 $18,021 $32,992. . • • • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-13 ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 28, 1989 SUBJECT: 1989-90 CONTRACT BETWEEN THE ORANGE COUNTY HEALTH DEPARTMENT AND THE NC DIVISION OF HEALTH SERVICES DEPARTMENT: HEALTH PUBLIC REARING: Yes No ATTACHMENT(S): 1989-90 CONSOLIDATED INFORMATION CONTACT: HEALTH CONTRACT WITH THE NC DIVISION OF DIRECTOR'S HEALTH SERVICES OFFICE X 311 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: The attached contract stipulates the State grant support for the following programs for FY 89-90: General Tuberculosis Maternal Health Transfer of Escrow Nutrition Title XX Family Planning AIDS Testing Child Health CSHS Orothopedic BACKGROUND: Each year the State contracts with the Health Department to render specified services. The attached contract outlines the terms and the dollar amounts of grant support for each program activity. RECOMMENDATION(S) : Approve the contract effective July 1, 1989 to June 30, 1990 and authorize the Chair to sign. • • VW - - • • Oftwige County Ocleat)th Tepatthnent Daniel B.Reimer,MPH,Director ENVIRONMENTAL HEALTH DIVISION tni Of PERSONAL HEALTH DIVISION ANIMAL CONTROL DIVISION oo DENTAL HEALTH DIVISION P.O.Box 8181,3060 Revere Rd. P.O.Box 8181,300 W.Tryon St. Hillsborough,N.C.27278 fartr-4-11 52 Hillsborough,N.C.27278 5,T .; 1.„.„ • HILLSBOROUGH CHAPEL HILL 44 e MEBANE DURHAM 4 coo (919)732-8181 (919)967-9251 (919)227-2032 (919)668-7333 MEMORANDUM TO: ALBERT KITTRELL ASSISTANT COUNTY MANAGER FROM: DANIEL B. REIMER Vaair< HEALTH DIRECTOR DATE: JUNE 27, 1989 SUBJECT: AGENDA ITEM, BOC MEETING 6/28/89 CONSOLIDATED CONTRACT WITH THE NORTH CAROLINA DIVISION OF HEALTH SERVICES Enclosed please find copies of program budgets from Adult Health and Health Promotion. These arrived today and are elements of the contract which is on the agenda for the meeting of July 28, 1989. Could these please be included to make that package complete. DBR/as SOUTHERN ORANGE OFFICE Carr Mill Mall, Suite 225. 100 N.Greensboro SL. Carrboro,N.C.27510, (919)942-4168 _ . 2 . . Page 1 of 11 • . A 1989 - 1990 li@Elltrn! ,,H!• .. . .. coNsoLIDATED.coNTRAcr . BEDEEN - ORANGE CNN • HE..i.:1-:DPAFITtl'• THE STATE OF NORTH CAROLINA .— AS REPRESENTED BY 4 • THE DEPARTMENT OPNDMAN RESOURCES, DIVISION CU' HEALTH SFaVICES • (Hereinafter called the "State") • Health De nt Name of Iocal Health Department) (Hereinaftercalledthe "Department") • . FOR THE pugpomxp .-. MAINTAINI AND smarm= THE ADVANCEMENT OF HEALTH IN NORTH CAROLINA This Contract shall Cover a Period From • July 01, 1989 to June 30, 1990 NCW, THERFORE, the State and the Department agree that the provision and Clauses herein set forth shall be incorporated in and conStitUte the tern . -and- .- . • conditions applicable. -for the following activities .involving State -. • % ' ' (State funding or funds-neans state, : feddral, -and/Or special funding or fund.; • throughout this contract.) . _ ACTIVrrt . ACTIVrrY .._ . . - Childrens Special Health Services (CSHS) Ortho•-•ic , - --Hiaal.tkLPXQRmti.QLLL___L__L_ . • • -...11thr.itica-211.1e...a...........----...................„-- • Child Health — • • - . Maternal Health -- _-...-_—__:. • ' . __Jaimily.plannin . • .- . OHS 2946 (Revised 05/89) . •. - • . • • Administrative Procedures Review 05/96 - _ . -. .... . _. •: • u.......----____ 3 Page 2 of 11 A. FORK TO BE PERFORMED 1. The Department shall perform activities in compliance with applicable program rules contained in the North Carolina Administrative Code as well as all applicable Federal and State laws and regulations. 2. The Department shall submit for approval the required Program Contract Addenda for State funded budgets. 3. The Depextment shall submit completed reports as required by budgeted funding criteria and as specified in _Li_ t• of Fiscal and Statistical 12,9z...rt (Addenda 1) . 4. The Department shall administer and enforce all rules which have been adopted by the Commission for Health Services or approved by the State and adopted by the Local Board of Health. 5. The Department shall provide to the State copies of rules adopted by the local Board of Health pursuant to G.S. 130A-39 and Public Health Ordinances adopted by the County Cbmmissioners. Copies of existing rules and ordinances shall be submitted to the State Health Di r within 45 days. Thereafter, copies of rules adopted shall be submitted within 30 days of adoption. B. FUNDING STIPULATIONS 1. Funding for this contract is subject to the availability of State, Federal, and special funds for the purpose set forth in this Contract. 2. During the period of this Contract, the Department shall not use State funds received under this Contract to reduce locally appropriated funds as reflected in the Local Health Department Budgets. 3. The Department shall not use funds for personal health progra to support envircmmental health personnel nor use funds for enviro tal health programs to support personal health programs. 4. The Department shall comply with .222mtmat, of Human Resources MiniAdmdnistrativeStandards for Local Human Service ..er.191ei----10-NCAC IK Sections .0100 - .0900; Standards for Mandated Public Health Services: 10 NCAC 12, Section .0200; and _____Administratrv-e ___Procedui"-rtMairua for Federal Block Grant Funds, 1 Nric 33, Sect:I0100 7.1302:-- 5. The Department shall maintain employee time records for the CCaltract period documnting the portion of time that each rploy attributes to each activity when State funds are budgeted for the support of employee spends in each activity shall be converted to dollars based upon c'ige employees' sala ry and benefits. These records will serve to docunnt 4 Page 3 of 11 salary and benefit expenditures reported on DNS Form 2949, DHS Form 2950, and compliance with Chapter 479, Section 99 of the 1985 Session Laws. 6. The Department shall be responsible for determination of eligibility as delegated by the Secretary, Department of Human Resources, when providing Social Services Block Grant funded services. 7. The Department participating in Medicaid Reimbursement shall: a. Comply with the terms of the Memorandum of Understanding between the Division of Medical Assistance and the Division of Health Services and the Local Participation Agreement dated July 1, 1984. b. Make every reasonable effort to collect its cost in providing services, for which Medicaid reimbursement is sought, through public or private third party payors except where prohibited by Federal regulations or State law. No one shall be refused services solely because of an inability to pay. All payments frnm persons' public or private third party payors, shall be utilized for the activity that earned it and shall not reduce or replace locally appropriated funds during the period of this Contract. Use of program income generated by the expenditure of Federal categorical funds will be governed by applicable Federal regulations, including but not limited to, 45 CFR 74. 8. Funds budgeted for Adolescent Health Activities shall not be expended for dues or out-of-state travel. 9. The Department shall have an annual audit performed in accordance with The Single Audit Act of 1984 as implemented by OMB Circular 128. Audit findings and resolution of said findings shall be handled in accordance with DM Directive Number 42, effective December 1, 1987. 10. Equipment is a type of fixed asset consisting of specific items of property that: (1) are tangible in nature; (2) have a life longer than one year; and (3) have a significant value. a. For Budgeting and reporting Purposes (1) Equipment purchases meeting the above definition and having a dollar value of $500 or more must be budgeted and reported in Line Item 5000. (2) Women, Infants and Children Program All medical equipment regardless of cost and all other eguipat with an acquisition cost of $500.00 or more must be budgeted and reported in Line Item 5000. 5 Page 4 of 11 b. For Inventory Purposes (1) Equipment must be accounted for in accordance with Local Government Accounting System Procedure No. 15. (2) wbmen, Infants and Children Program All medical equipment regardless of cost and all other equipment with an aoquisition cost of $500.00 or more must be inventoried with the Division of Health Services. Cameras and accessories, calculators, projectors, tape recorders, dictating equipment, video equipment and accessories, computers and accessories and camputer software with a cost of $100.00 or more, and all books and films regardless of cost must be recorded on the Fixed Asset System. c. For Prior Approval Purposes (1) Equipment purchased or equipment leased where there is an option to purchase with State/Federal funds must receive rior written approval from the appropriate Office, Section, or Branch when the acquisition cost exceeds $500.00. • (2) Pitmen, Infants and Children Program All medical equipment regardless of cost and all other equipment with an acquisition cost of $500.00 or more must receive prior approval from the program office. (3) Equipment purchased with program income generated by the expenditure of Title X Family Planning Funds with an acquisition cost of $500.00 or more must receive prior written approval from the program. C. FISCAL CONTROL 1. The Department shall comply with the Local Government Budget and Fiscal Control Act, North Carolina General Statute Chapter 159, Article 3. a. The Department shall maintain a purchasing and procurement system in accordance with generally accepted accounting practices and procedures set forth by the Local Government Commission. b. The Department shall execute written agreements with all parties who invoice the Department for payment for the provision of services to patients. • 6 Page 5 of 11 • c. The Department shall receive prior approval from the State when subcontracting for services in the Wtmen, Infants and Children Program. d. When subcontracting, the following conditions must be met: (1) The Department is not relieved of any of the duties and responsibilities provided in this contract, and (2) The subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the Department to comply with these standards. (3) The Department will make available to the State upon request a copy of subcontracts supported with State/Ebderal funds. C. The Department shall retain all budgets, budget revisions, oontracts, contract addenda, and financial records in accordance with the current Records Disposition Schedule for county and district health departments issued by the Division of Archives and History, Department of Cultural Resources. 2. The Department shall prepare and maintain a budget for each activity covered by this contract in a manner consistent with instructions provided with DHS Form 3370 (Rev.3/86) and DHS Form 2948 (Rev.2/87) . a. The Department shall prepare budget revisions for prior approval of the State when those revisions are in the School Health Program (Line Item 6200) or Delivery Services Program Mine Item 6869) . b. The Department shall prepare budget revisions for prior approval of the State when State funds will be increased or decreased. c. The Department shall prepare an informational copy for the State of all other budget revisions when proposed expenditures exceed the line amount budgeted. d. The Department shall submit all revisions prior to the end of the term specified in this Contract. Budget revisions received by the State after the end of the contract period will be returned without action. 3. The Department shall observe the following conditions when budgeting and reporting earned income revenues: a. All earned income must be budgeted in the program where earned, except that income earned by a program which has no activity budget can be budgeted in a program approved by the Division. 7 Page 6 of 11 • b. Line Item 9000 in the program budget shall be used to budget TXIX/SSBG fees. c. Line Item 102 in the program budget shall be used to report TxIX/SSBG fees received which are used to support TXIX/SSBG expenditures shown in Line Item 9000. d. Line Item 6864 in Activity 149, Transfer of Escrow Funds, only shall be used to show anticipated TXIX/SSBG earnings. e. A local account shall be maintained for unbudgeted/unreported TXIX/ SSBG fees transferred to the Department. Accounts shall be maintained in sufficient detail to identify the program source generating the fees. f. No more than one year's transfer of escrow funds (or $10,000.00 whichever is greater) for any activity can be carried forward fran one year to the following year. 4. The Department shall submit a quarterly report of actual, receipts and expenditures of the Department according to instructions provided with Expenditure Reports, DRS Form 2949 (Rev. 03/84) and DRS Form 2950 (Rev. 03/82) . a. The Department shall submit quarterly expenditure reports to the State within 45 days fran the end of the reporting quarter. b. The Department shall submit the final Expenditure Report to the State within 45 days after the end of the contract period. c. The Department shall refund to the State all State funds not supported by expenditures within 10 days after notification of overpayment. d. The Department shall, follawiften, Infants and Children Program and other Federal program reporting requirements when they differ fran those stated above. e. The Department shall submit WIC expenditure reports to the State no later than the 8th of the month. f. Reimbursement of WIC approved expenditures for July, August, and September cannot exceed one-fourth of the total budget for the contract period. 5. The Department shall submit on an annual basis Staff Time Activity Report, DRS Form 3389. The report shall accompany the final expenditure report and must be received by the State within 45 days after the end of the contract period. 8 Page 7 of 11 6. For Adolescent Health Activity, the Department agrees to (1) have responsibility for the immediate direction and supervision of the activities supported through the contract, which will be conducted in accordance with the amended plan/update submitted by the Departmnt; (2) submit any media material, in writing, to the Maternal and Child Health Branch prior to release to the public for approval from the Maternal and Child Health Branch; (3) subndt progress reports in meeting project objectives within 30 days of each payment period; (4) submit an evaluation report demonstrating achievement of stated goals no later than August 15, 1990. D. PERSONNFL POLICIES The Department shall adhere to and fully comply with State personnel policies as found in North Carolina General Statute, Chapter 126, and 1 NCAC 8. Such policies include, but are not limited to, the following: • 1. Equal employment opportunity; 2. Affirmative action; 3. Policies for local government employment subject to the State Personnel Act; 4. "Local Classification and Salary Range"; 5. "Compensation Policy for Local Competitive Services Employees"; and 6. "Recruitment and Selection Policy and Procedures" 7. Sanitarians employed by the Department shall be delegated authority by the State to administer and enforce State sanitation rules and laws as directed by the State pursuant to G.S. 130A-4(b). This delegation shall be done according to 10 NCAC lah .2300. a. Local health departments are responsible for sending their newly-employed public health sanitarians (interns) to 20 days of initial field training/orientation at one of the designated training centers within 90 days fram date of emplorent. b. The employing health department shall reimburse the training center(s) $25 per day for providing initial field training/orientation for the newly-employed public health sanitarian. c. Initial field training/orientation centers shall be paid within 90 days by the employing health department for services rendered. 9 Page 8 of 11 d. Arrangements for initial field training/orientation including designation of the training center for newly-employed public health sanitarians will be handled by the Sanitation Branch, Envixonnental Health Section. E. CCNFIDENTIALITY All information as to personal facts and circumstances obtained by Department personnel in connection with the provision of services or other activity under this Contract shall be privileged communication, shall be held confidential, and shall not be divulged without the responsible person's written consent except as may be otherwise required by applicable law or regulation. Such information may be disclosed in , statistical, or other form which does not directly or indirectly identify particular individuals. F. CIVIL RIGHTS The Department shall assure that no person, on the grounds of race, color, age, religion, sex, marital status, or national origin (unless otherwise medically indicated) or otherwise qualified handicapped individual solely by reason of his/her handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this Contract. The Department shall complete HHS Form 441, Assurance of Compliance with the Departmnt of Health and Welfare regulations, under Title VI of the Civil Rights Act of 1964; for the Wamens, Infants and Children ProyLam, FNS-64, Assurance of Compliance with the Department of Agriculture Food and Nutrition Service, under Title VI of the Civil Rights Act of 1964; and HHS Form 641, Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973. G. REspoNsIBILITIEs OF THE STATE 1. The State shall provide to the Department upon request technical assistance in the preparation of the Consolidated Contract/Activity Budgets and Contract Addenda. 2. The State shall specify those administrative forms/reports and their respective revision dates that are required by particular activities pertaining to the Department's budget with the State in Listing of Required Fiscal and Statistical Reports (Addendum 1) for the contract period. New forms/reports not listed in Required Fiscal and Statistical Reports shall be implemented during a contract period only with the approval of the State Health Director. 3. The State shall provide to the Department within thirty (30) days after receiving an activity budget from the Department an approved signed copy of the budget. 10 Page 9 of 11 4. The State shall provide funds to the Department upon approval of the Contract Addenda, activity budgets, and signing of this Contract. 5. The State shall assist the Department to comply with all applicable laws, regulations, and standards relating to the activities covered in this Contract. 6. The State reserves the right to conduct reviews to determine compliance with the terms of this Contract. 7. The State shall be assured that the Department maintains expenditure of locally appropriated funds for maternal health, child health, and family planning activities equal to or greater than that reported on the Staff Time Activity Report for the period beginning July 1, 1984, and ending June 30, 1985. This maintenance of effort shall be measured by salary equivalencies which are to be maintained in accordance with Section B. 5. of this contract. H. DISBURSEMENT OF FUNDS The State shall disburse funds to the Department as follows: 1. For departments selecting monthly payments through the CLIPS option -- Provided the Consolidated Contract is properly executed and all quarterly expenditure reports are filed within the established time frames, payments equal to 1/12 of the total program approved budget shall be made on the 15th of each month as follows: July October February August November April September January May Based on expenditures reported for the first, second, and third quarters, payments shall be adjusted either upward or downward, in payments made on the 15th of the following months: December March JUne 2. For Departments selecting monthly payments through the check option -- Provided the Consolidated Contract is properly executed and all quarterly expenditure reports are filed within the established tine frames, Payments equal to 1/12 of the total program approved budget shall be made by the 25th of each month as follows: July October March August December April September January June 11 Page 10 of 11 Based on expenditures reported for the first, second, and third quarters, payments shall be adjusted either upward or downward, in payments made on the 25th of the following months: November February Nay 3. For departments selecting quarterly reimbursement option, payments shall be made by the 25th of the month in which the quarterly expenditure report is received. 4. For departments receiving Rural Obstetrical Care Incentive funds, payment shall be made in one lump sum the month following receipt and approval of the activity budget. 5. Quarterly payment for reported expenditures in Line Item 1000 shall be limited to one-fourth of the budgeted amount in that line item. 6. Increased or decreased payments necessitated by changes in the total budgeted amount will be reflected in the monthly payments subsequent to approval of the budget revision. 7. Payments shall be suspended when expenditure reports are not received by the time specified. Payments will resume on the specified dates in the months subsequent to receipt of the expenditure reports. 8. Payment is limited to the total amount of the budget by line item. 9. Final payments will be made based on the 4th quarter expenditure report. Final payments will be equal to the difference between approved reported expenditures and the sum of previous payments. Final payments should be made not later than September 15th. 10. Transfer of TXIX/SSBG Fees a. Upon receipt of Title xIX/SSBG fees, transfer of such funds will be made to departments participating in GMTS on the 15th of the month and to departments not participating in GMTS on the 25th of the month. b. When fees received exceed the amount shown by program in Activity 149 an internal adjustment will be made to increase the amount shown. I. Ammornar OF CONTRACT Amendments, modifications, or waivers of this contract may be made at any time by mutual agreement of all parties. Amendments shall be in writing and signed by appropriate authorities. J. PROVISION OF TERMINATION This contract may be terminated for reasons other than non-compliance upon sixty (60) days written notice by either party. If termination should occur, the Department shall receive payment only for allowable expenditures. 12 Page 11 of 11 The State may withhold payment to the Department until the State can determine whether the Department is entitled to further payment or whether the State is entitled to a refund. K. COMPLIANCE 1. The State shall assure compliance with all terms of this Contract. a. Upon determination of non-compliance, the State shall give the Department sixty (60) days written notice to came into compliance. If the deficiency is corrected, the Department shall submit a written report to the State which sets forth the corrective action taken. b. If the above deficiencies should not be cotcected to the satisfaction of the State after the sixty (60) day period, disbursement of funds for the particular activity may be temporarily suspended pending negotiation of a plan of corrective action. c. If the deficiency is still not corrected within the next thirty (30) days following temporary suspension of funding, program funds may be permanently suspended until the Department can provide evidence that the deficiencies have been corrected. d. In the event of the Department's non-compliance with clauses of this Contract, the State may cancel, terminate, or suspend this Contract in whole or in part and the Department may be declared ineligible for further State contracts or agreements. Such terminations for non-compliance shall not occur until: (1) the provisions of Section K-1 (a-c) have been followed, documented, and have failed to provide a resolution, (2) all other reasonable administrative remedies have been exhausted. 2. If the Department or the State should be determined out of compliance with the provisions of this Contract, either party may file a formal appeal with the Department of Human Resources. The appeal shall be heard by the Department of Human Resources within twenty (20) days of the written request. After hearing all the facts relative to the appeal, the Department of Human Resources shall decide within ten (10) days of the date of the hearing what sanctions, if any, shall be imposed on the party found out of compliance. LOCAL =NATURES DIVISION OF HEALTH SERVICES SIGNATURES l&-iekeeA,,,, 0/.87 Health Director (Date) AdminstratveProceduresthief (Date) Finance Officer (Date) State Health Director (Date) Division of Health Services Chairman of County Commissioners (Date) 13 ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Orange County Health Department Name of Applicant 1t1 or ;� (hereinafter called the "Applicant") HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964(P.L. S8-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part SO)issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall,on the ground of race,color,or national origin, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Depart- ment; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department,this Assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or • benefits. If any personal property is so provided,this Assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this Assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,contracts,property,discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date.The Applicant recognizes and agrees that such Federal finan- cial assistance will be extended in reliance on the representations and agreements made in this Assurance, and that the United States shall have the right to seek judicial enforcement of this Assurance. This Assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the Applicant. Date , _orang Cnttpt Huai h T� =j,IIRS'[tt Applicant ufype at pnnt) By Signature and Tide of Authorized Official P.O. Box 8181 Moses Carey, Jr., Chairman (ji i sbo ough. NC 27278 Board of Commissioners • I . HH5-1411 (Rev. 12F12) 14 DEPARTMENT OF HEALTH AND HUMAN SERVICES ASSURANCE OF COMPLIANCE WITH SECtION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED The undersigned(hereinafter called the"recipient")HEREBY AGREES THAT it will comply with Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.7 ments imposed by the applicable HHS regulation(45 C.F.R.Pact 84).and al�•all requires interpretations issued pursuant thereto, l guidelines and Pursuant to 184.5(a)of the regulation (45 C.F.R.84.5(a)),the recipient gives this Assurance in consideration of and for the purpose of obtaining any and all Federal grants, loans,con- tracts(except procurement contracts and contracts of insurance or guaranty), counts.or other Federal financial assistance extended the De property, dis- counts. Services after the date of this Assurance, including Department as Health h and Human such date on applications for Federal financial assistance that were approved before such date.The recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made it?this Assurance and that the United States will have the right to enforce this Assurance through lawful means. This Assurance is binding on the recipient,its successors,transferees,and assignees,signatures appear fig.and the person or persons ppear below are authorized to sign this Assurance on behalf of the recipient. This Assurance obligates the recipient for the period during which Federal financial assistance is extended to it by the Department of Health and Human Services or, where the assistance is in the form of real or personal property, for the period provided for in §84.5(b) of the regulation (45 C.F.R. 84:5(b)j. The recipient: [Check (a) or (b)j a. ( j employs fewer than fifteen persons; b. ( x ) employs fifteen or more persons and, pursuant to [45 C.F.R. 84.7(a)), has designated (he following rs n(s of the regulation dinatei is • efforts to comply with the HHS regulations:following person(s) to coordinate its • na.-t►'e�B R�it►�r. H a7*h D; ar Name of Designee(s) (Type or Print) _Orange County Health De rtmen P.O. Box 8181 Name of Recipient4Type or Print) Street Address or P.O. Box 5�—�M^-327 Hi].lsbarough (IRS) Employer Identification Number City North Carolina 27278 State Zip I certify that the above information is complete and correct to the best of my knowledge. Date Signature and Title of Authorized Official If there has been a chap a in name Moses�wnersai Carey, Jr.{ Chairman g t "r it o r otr i ioelasii s eaz name below: Y please P P PRINT T th of former HH5441(Rev.ia✓azr 15 Font sn..a U.S. DEPARTMENT OF AGRICULTURE .o*N*0 0n ,C. awe•.o.e.w.wo 04W Food And Nutrition Service ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF AGRICULTURE, FOOD AND NUTRITION SERVICE, UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 __Orange County Health Npa,.tmpnt tName of Applicant) (Hereinafter called the "Applicant.") HEREBY AGREES THAT it will comply with Title VI any improvements made with Federal financial of the Civil Rights Act of 1964 (P.t. 88-352) assistance extended to the Applicant by the and all requisementa imposed by the Regulations Department. This includes any Federal agreement, of the Department of Agriculture (7 CFR Part 15), arrangement, or other contract which has as one Department of Justice (28 CFR Parts 42 b 50), of its purposes the provision of assistance such and FNS directives or regulations issued as food, food stamps, cash assistance for the pursuant to that Act and the Regulations, to the purchase of food, and cash assistance for purchase effect that, no person in the United States shall, or rental of food service equipment or any other on the ground of race, color, or national origin. financial assistance extended in reliance on the be excluded from participation in, be denied the representations and agreements made in this benefits of, or be otherwise subject to diecrimi- assurance. nation under any program or activity for which the Applicant received Federal financial assistance BY ACCEPTING THIS ASSURANCE, the applicant agrees from the Department; and HEREBY GIVES ASSURANCE to compile data, maintain records and submit THAT it will immediately take any measures reports as required, to permit effective enforce- necessary to effectuate this agreement. ment of Title VI and permit authorized USDA THIS ASSURANCE is given in consideration of and personnel during normal working hours to review such records, books and accounts as needed to for the purpose of obtaining any and all Federal financial assistance, ascertain compliance with Title VI. If there are grants and loans of Federal any violations of this assurance, the Department funds, reimbursable expenditures, grant or of Agriculture, Food and Nutrition Service, shall donation of Federal property and interest in have the right to seek judicial enforcement of property, the detail of Federal personnel, the this assurance. sale and lease of, and the permission to use, Federal property or interest in such property or This assurance is binding on the applicant, its the furnishing of services without consideration successors, transferees, and assignees as long as or at a nominal consideration, or at a consider it receives assistance or retains possession of ation which is reduced for the purpose of assist- any assistance from the Department. The person ing the recipient, or in recognition of the or persons whose si r public interest to be served by such sale, lease, authorized to sign thisuassuranceronethe behalf of or furnishing of services to the recipient, or the applicant. Dated Orange County Health Department (Applicant) By (Title of authorized official) Moses Carey, Jr., Chairman Board of Commissioners P.O. Box 8181 Hi 1 1 ajx�rnn h. AR' 27778 (Address of Applicant) • Ha farther monies or other benefits nay be paid out under Food and Nutrition Service Federal assistance programs unless this Assurance is completed and filed as required by existing regulations (7 CFR 15). owe.m..a !NAY 1 8 *is 1M . LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Revision Number Division of Health Services Management Services SFY Office,Section or Branch P.O.Number 07/$9 OF/9Q Effective Date Termination Date Contract Number Contractor: Orange County Health Department Activity: Transfer nf Pr-r , project Director: _ Daniel B. Reimer Total Budget:$ 33 I 537•0° ' . .. ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDffURES: '''.1',. 0.4:84-;CL:tailgVafia:MOW0: ` ::.•.c.:4'.. ^.";.,'.: . .!:4;,,,,,;::,,b,.:7r..:::::;:,,Ri:a: Salaries fit Fringe Benefits X Operating Expenses A2.....r.,1,1,72:EMffgraFriTiqftWi'.z:-. ...f. ,*mii:;:Q-,..:::•;,,-,....;:if;;;;,...,;;;,', ,,,-,-----..--:..–:-. ..*...:'',„„-z,.--43„,......4#47,,- ,,,.,:7:!::::::.--.-.,:;,71.. ,-. ,,,,,,-.7.•..,,,,:::,. vr-::::4,,..:P.,t,,..::: P Purchase of Equipment F.ii. i.::::-L.:::: :::Valgaike.fik'i.i:::2;.41§10.e-M,:::,:.:::X:,,,::•,?!.',Y.:-.-:,?r,;NaSpi,it,E•t0: ....-.,,,f;!.u.A.,.40at::•:05_40",,,,,,goa.•?4,4grawi...,,..-,4, ....:,...i,.....,v.„;a:-•;:,„„•:•;,,-.....;•-.:: E General Contracted or z..g,-?..,$:N:: ...-.'w--..,?,•,e,•,,, - ,..-xtft-1..). ; ::: ,5.-f.!:,,,,,„!...4,‘...-,7.igft:54:niMA:p.,,,., NSchool Health ffj:-)....'...r,i2...i"•,.'L. ,..h.:.-33144:;'..;:.;.•,;:ik.W.-.4,r.a4..;„::,t4;.;-a.4.1-si;--: ''r".']'013.'"6",.-0670741 D Clinician ::::,ix,..:...7.:::...:.,m5:::::N.::,.:„;.-:,,,, ii,,,,,,,,,,a,c4,•. ,4::,, :.A.e,,,,.:::,,,.....,.:.• ,.., 1.-,„...:::,;,::...7:;...:.7..: •P';'-'.'”Pi-:"7410'A-411N,,,:a:It'Ai : .,:a*: I Delivery Services '::':-..i::::*5::--::::::.'F .f-::::,:;:•..4:4,–:: :::;:: ::.'i•'-i,:,...I .... .___, -........,,;,>,, ,•4-,,,.,g3;044.4,:ci,N,ri..44%'. :.''''+''v 3■35:.".q590'.'::‘'Ar'*:::.:'?W4.7n.::::e... r0R Laboratory :::E.:::]:!",7•::TARigtar ..;.. r;:?,??:7::: ::::::t•40:.7,:i4;,,; ?..7...:: ,.,,:,•40,-,?:;:;:::,..,,,,,,:, T Pharmacy Services U Transfer TXIX/SSBG _ __ __ _-- 6864 33,537.00 R Subtotal State Expend. $ E LOCAL EXPENDITURES: — I LOCAL EXP 9000 S TOTAL EXPENDIMRES—equal to Total Receipts ._. $ 33,537.00 • R LOCAL FUNDS: Appropriation APPROP 101 E TX1X/SSSO Fees - 102 c Other Receipts . OTHR REC 103 E Subtotal Local Funds $ 1 STATE/FEDERAL/SPECIAL FUNDS: p TRANSFER TXIX/SSBG 33,537.00 T S — _ Subtotal State/Federal/Special — ____ $ , TOTAL RECEIPTS—equal to Total Expenditures $ 331537.00 — Local Authorized Official Signature Date IIR * DHS Section Chief Signature Date Finance Officer Signature Date AMMIlag DHS Budget Officer Signature Date blefal DHS 2948(Reviled 2/87) Contacts Administration(Review 2/90) • MAY 2 7 1989 17 } LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Revision Number Division of Health Services Epidemiology . SPY Office,Section or Branch . P.O.Number 07/ 89 _ 06/ 90 —.2.-3.-1-0- Effective Date Termination Date Contract Number Contractor Orange County Health Department Activity: • Erns Gnn+rnl (FJ9 ) Testing .Project Director: _Daniel B. Reimer Total Budget$_ 30,000 _ ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT a E STATE EXPENDITURES: X Salaries Gtr. Fringe Benefits SA/FR 1000 24,474 Operafing Expenses . OP EXP 200Q 5,5'1 b Purchase of Equipment E General Contracted or : 7. � t a s,`s „,s„+s'.,,, . .4...-z,,,...,* :t E Purchased Services ' «`F�� `. }4. �;� G' ;..'$?'�'st „ '?.. ••$ g� School Health � � � � :-.;1'..W.:4-"°c&...k;; �z�>; D f t `�{"�ss z #' �aA '£`t4.s A"c _ a s '`f sz =qri sqr Ir^- �r�^' ?' Clinician E'er 9� E, pp i y o M'P`N b2r qS f 5 f R �i� —i�i� ' ”'.f.Lgii,A..;° Ao� .2 J[ �s�J'.12 h�i 7F"'F $ I Delivery Services ,. ' # Z'W� sad:•, �.rM � M `, " ' . .�'� ,r Laboratory i` �+ � -.— d Pharmacy Services .7 �),'•=t e x 1,ws . �`,'r ' r t3':v' t rk U Transfer naxissBo ,:fT,T7R-7, 7::--i7Ipapgioww7, 741Kostwg R Subtotal State Expend. $ 30.009 E —� LOCAL EXPENDITURES: _ LOCAL EXP 9000 0 TOTAL EXPENDITURES—equal to Total Receipts $ 30.)000 R LOCAL FUNDS: Appropriation APPROP 101 0 E 'IXIX/SSBG Fees 102 0 C Other Receipts OTHR REC . 103 0 E Subtotal Local Funds $ 0 i STATE/FEDERAL/SPECIAL FUNDS: 1 P 1 T • S _ 30,000 Subtotal State/Federal/St�ecisl $ " 30,000 TOTAL RECEIPTS--equal to Total Expenditures $ 30.000 '— Local Authorized Official Signature . Date a tea �HS Section Chief Sign at Date twat Finance Officer Signature Date DHS Budget Officer Signature Date tint DHS 2948(Revised 2/87) Comets Administration(Review 2/90) 18 BAY 1 B 'AB • LOCAL HEALTH DEPARTMENT BUDGET NC Department of Human Resources Revision Number_ Division of Health Services Epidemiology SFY Office,Section or Branch P.O.Number 07/ 89 06/90 Effective Date Termination Date Contract Number Contractor: Orange County Health Department Activity:_luhemcill nsi Q Project Director: Daniel B. Reimer Total Budget:$ 97,514 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: Salaries & Fringe Benefits SA/FR 1000 12,135 X Operating Expenses OP EXP 2000 0 p Purchase of Equipment ,,, 678 lc EQUIP 5000 0 E General Contracted or rt. 4%` . CO N Purchased Service IVI4y7980 •.4.1)\ GENERAL 6100 School Health --; 0 '' -Pi -•••*::=:;:::-7T::i`17ftlVd44.:; - ItrtMag• V. inl---•'-- -., ".'••; D Clinician -•- 111BERAIfflate -e:r, ..77. .r,-„& coNvoi—w ar CLN 6863 0 I Delivery Services ',3.7.4' ,-...1:0, Laboratory „,*!' LAB ' 462 - ' - 0 -: *---s.•:,, T Pharmacy Services '-C'-,A.... 20,:::f RX SERV 6865 4.,-...,' • 1.. .. .', ..,ritti#ft..:.•.: 'ilaY'Ll' ',,; ,P.7".1"f' 1., ;:!•- '-`,'..*;5-4"--A-i R Subtotal State Expend. —..............._ $ 12,135 .............. .. E LOCAL EXPENDITURES: _ LOCAL EXP 9000 85,379 S TOTAL EXPENDITURES—equal to Total Receipts $ 97,514 , R LOCAL FUNDS: Appropriation APPROP 101 85,379 E TX1X/SSBG Fees 102 0 c Other Receipts 011•IREC 103 0 E Subtotal Local Funds $ 85,379 I STATE/FEDERAL/SPECIAL FUNDS: P . T S 12,135 ........—_______ Subtotal State/Federal/Special $ 12,135 TOTAL RECE.1PTS—equal to Total Expenditures $ 97,514 Af\ Local Authorized Official Signature Date 47---"faxi 'OHS Section Chief Signature Date Inkid 1 Finance Officer Signature Date ac..motat DHS Budget Officer Signature Date Weal 1 DHS 2948(Revisal 2/87) Contracts Administradon(Review 2/90) a 19 LOCAL HEALTH DEPARTMENT B N.C.Department of Human Resources • etS 4 ilk 4 zp_, Revision Number____ Miterztal and Chtik1 Care 4." '."." ,, Division of Health Services timt, Office,Section or Branch 'I, //989 Yz*3\ :2;.3 rr ....: P.O.Number itonottrro. .... 07/ 89 06 / 90 :::. ___ _6 ...' SfOrm--....+ Effective Date Termination Date Contract Number e Contractor: Orange County Health Department Activity: Virtritinn Titlp XX ___ __ Project Director: Daniel B. Reimer Total Budget:$ 2,119.50 (150 x 14.13) ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: — '' """'OrprAnenriT.WW-44Z001-,Th•.- '.tirls.-1...e::4%it',::‘,4-: KANnii:4-::::14 ...,,.,,, P.WI: WIl'i,`VrOz4:::,:ys:N: n;:s1-vi.:4":..0",.**.. . -v:'.•.fv.,44,,,%.4 444, ::' ;r4f5:...e,IA:3.512.''4.rire ...,Itt t*...%-.PAW: '.44'4,47:, :;,vt s;,.:4,. •: ,-9 ,,...04,.*:::'¢:, 49."' '.,..4b,",' '9:',N6,03,fit.":". SaLsries 6t. Fringe Benefits Operating Expenses ,t,.,.k....-:.:.::.:,m. -0.,.:y..•:.T.L:4--4z:yi.z.v:4..0,.,-........f.:,&&.1. .::. .*Paa:::, :aNtlier: 1.-. :1.7-T, tf::,:,-:-:.:.,...7.,:ii.:.y.,..,:_..gfawiATT:c:7:47.::::.7,4,-.4...:,0'..z P Purchase of Equipment , . ,..„.jg,liat..,..:. ---:„.?., t.44:::„.•.:,:'''NA5i;.,:: :::::;::::::::::!'•'''.1::;41::#4.rir:4;*";.7::;:i,..irM94:44,07.e.WilattaRate E General Contracted or roisests,: w.4.,:irop*, w.s.:...,..,.:.,,:.„,47,,.'::.#,Ait AsapiTAA*..`wftfttatpAgagaxt-mt Purchased Services vrif..::.•,.-..-,:-:•;;?.";.::',;.'0:::::::...i:---."-r *4.:, •zotniglitimp..,:ti.....:.:Icgrav:;:m:Nozat.A., School Health k:'':FPC ilFk,A.,ASME.Y.:-..S..4.,A.:: :f..44-4,, 1.L.k7:t''1.'',,t:','iViOft.,...,V,&.„,, D Cknictian 4,-,iv..,,,.,,. :-.,--k, -. -,..k,,,.....::.,.. I Delivery Services '.77* ,: :^7,:::.,''-i ,AWN:77T:.::::+"...*'if'..'!"*.7:4'1'''.i.•,;:::;Te*tr-F15.044.70tlizeit es ,,,k,"-::".:.•....i.-..-.....• - ..," ,,,,,.....--,:-•.. ... • .....„;. ••....4 :•.,: '6•r.%.::.,i, :"..>',,:::::::, Laboratory tiE7,iiatialiF4'. ..d.:Natr •; i',.,.7:‘:''..',,-:::'-fmw, T Pharmacy Services iz„...,.,-7....:.,.7.;-:.:7::rx_.,KwaogAgy ::71,30w.,:g..-7, 4c:.,1,--13. 4,,:gozatiti,g0 FC;Z:. .,.%..1. 7-. 1:-.... .iin.....:.....>.,I=,?-,:,75:. 7,.; ':,,.7,.,72.;,,,....0:: U Transfer TXDC/SSBG arMI ,...' : ',400 afiL‘,.. .,1:,4: 1*.:,,I.:::,,p,,,.. R Subtotal State Expend. — $ E LOCAL EXPENDITURES: LOCAL EXP 9000 150 x 14.13 2,119.50 S TOTAL EXPENDTI1JRES—equal to Total Receipts $ 2,119.50 , . — R LOCAL FUNDS: Appropriation - APPROP_ ELilax 3.88) 582.00 E TXIX/SSBG Fees - _____102 (1 )x 10.25) 1,52700 c , Other Receipts OTHR. REC 103 E Subtotal Local Funds (101 +102) $ 2,119.50 i STATE/FEDERAL/SPECIAL FUNDS: P T S _ Subtotal State/Federal/Special $ TOTAL RECEIPTS—equal to Total Expenditures $ 2,119.50 . , Local Authorized Official Signature Date Branch Head kifid DHS Section Chief Sigtature Date Finance Officer Signature Date - AMMard DHS Budget Officer Signature lakiel Date DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) MAY 1 8 'a9 WO. LOCAL HEALTH DEPARTMENT BUDGET JUN 'as C N.C.Department of Human Resources Revision Number Division of Health Services Maternal and Child Care SFY Office,Section or Branch P.O.Number 07/ 89 06/90 ..._-5..1..i.._._ Effective Date Termination Date Contract Number Contractor: . Gram County Heal th Departtgent Activity: Chi 1d }1Pa1tb Project Director: 1)ani. l R. Rchi mar Total Budget:$ 351,306 ITEM DESCRIPTION CLASSIFICATION . ITEM . AMOUNT E STATE EXPENDITURES: Salaries & Fringe Benefits SA/FR 1000 28,194 Operating Expenses . OP EXP 2000 , E Purchase of Equipment EQUIP 5000 $,2S0 E General Contracted or N Purchased Services GENERAL 6100 10,000 School Health SCH HLTH 6200 8,750 D Clinician CLN 6863 I Delivery Services 0 Laboratory i t Gkl r . : `:�>zis ry i .s._.:E. s�'"a LAB �� T 2.. T Pharmacy Services 0 _ RX SERV U Transfer TX1X/SSBG 6865 0 R Subtotal State Expend. $ 55,194 � E LOCAL EXPENDITURES: i� LOCAL EXP 9000 296,112 S TOTAL EXPENDITURES--equal to Total Receipts $ 351,306 a LOCAL FUNDS: Appropriation APPROP 101 2942112 E TXIX/SSBG Fees 102 C Other Receipts _ OTHR REC 103 9.000 Q E Subtotal Local Funds $ 296,112 I STATE/FEDERAL/SPECIAL FUNDS: P T S 2: 1+5 P{lib 55,194 Subtotal State/Federal/Special $ 55,194 TOTAL RECEIPTS--equal to Total Expenditures $ 351,306 Vt (2 2) ;770 d10�19 Local Authorized Official Signature Date + DHS Secti,-,Grief Spare Date Finance Officer Signature Date 4'aMilaat DHS Budget Officer Signature Date DHS 2948(Revised 2/87) Cantrect,Administration(Review 2/90) e-:7" 1 - _ . .21 LOCAL HEALTH DEPARTMENT BUDGET " 6 '89 CA N.C.Department of Human Resources Revision Number Division of Health Services Maternal and Child Care SFY Office,Section or Branch P.O.Number 07/ 89 06/ 90 Effective Date Termination Date —``"� `` — —--- Contract Number Contractor: Orange County Health Delartment Activity: ( trsrnai Health Project Director: Daniel B. Reimer Total Budget $ 263,708 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: Salaries &. Fnge Benefits _SA/FR Operating Expenses OP EXP 20 0 17'p40 P Purchase of Equipment EQUIP 5000 17,000 E General Contracted or N Purchased Services GENERAL 6100 6,000 D School Health z ifE7 .ri.8 1 .,, „P.:ReNi ` Clinician IServices DEL SERV 6869 0 T Laboratory LAB 6862 U T Pharmacy BG RX SERV 686',5 0 . V ransfer -,.-Z ': .2sx. `` Ea o iAl° , u , r r. • R _ Subtotal State Expend. E i $ 77,042 LOCAL EXPENDITURES: { LOCAL EXP 9000 186,666 S TOTAL EXPENDITURES—equal to Total Receipts $ 263,708 , R LOCAL FUNDS: E Appropriation APPROP 101 171,666 TXIX/SSBG Fees 102 15.000 c Other Receipts OTHR REC 103 ' 0 E Subtotal Local Funds $ 186,666 I STATE/FEDERAL/SPECIAL FUNDS: P T s .______. S. i, s 04 77. 2 W' Subtotal State/Federal/Special $ 77,042 TOTAL RECEIPTS—equal to Total Expenditures $ 263,708 d,,#.2. � 9h, 5/,3d�p, Local Authorized Official Signature Date _ '"�"':'r DHS SenaonCht'ef Si bitial tgnaturt Date Finance Officer Signature Date DHS Budget Officer Signature Date DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) . NAY 1 8 'rid C4 22 LOCAL HEALTH DEPARTMENT BUDGET ►:'A I 1 N.C.Department of Human Resources Revision Number _,_ Division of Health Services Maternal and Child Care SFY Office,Section or Branch P.O.Number 07/ 89 06/ 90 _._6_.���____ �� Effective Date Termination Date Contract Number Contractor: . Orange Counti ea Department Activity. Family Planning Project Director: Daniel B. Reimer Total Budget:$ 397,891 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: Salaries &i X Fringe Benefits SA/FR 1000 68,148 Operating Expenses OP EXP 2000 5.000 P Purchase of Equipment EQUIP 5000 _ . 0 E General Contracted or N Purchased Services GENERAL 6100 20 000 School Health w '.` " +VaA:° k ` > a = r-0 D Clinician C 6863 Delivery Services it V J f Es� 3` � A �• P` h :, T 3ry .ate $ � h�5S Pharmacy Services §g `~ F 1� U Transfer TXIX/SSBG h . /nw � il .����� ng-; *. ..,` R Subtotal State Expend. $ 9_1148 E LOCAL EXPENDITURES: LOCAL EXP 9000 304,743 S TOTAL EXPENDITURES equal to Total Receipts $ 397 891 R LOCAL FUNDS: Appropriation APPROP 101 284,743 E TXIX/SSBG Fees 102 10,000 C Other Receipts OTHR REC 103 10,000 E , Subtotal Local Funds $ 304,743 I STATE/FEDERAL/SPECIAL FUNDS: P DH5 �uwcis --- ► G:4-v - t, t0c •- C,9tC� - X � 1 'v — 7 JG T 1-3 ..K Cl A f (.7 i".'i - 61 00 - (j`f L.1 ci _ ;1'.^( c .__ Is. Vs so S - 93,148 Subtotal State/Federal/Special $ 93,148 TOTAL RECEIPTS—equal to Total Expenditures $ 397,891 vt...ift i, as....04.02v.goretao siegdp Local Authorized Official Signature Date *ad DHS Section Chief Signature ignature Date Finance Officer Signature Date Aommant DHS Budget Officer Signature Date WNW DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) °° tkiAY 1 871z Ci • 23 LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Revision Number Division of Health Services Maternal and Child Care SFY Office,Section or Branch P.O.Number 07 / 89 06/ 90 Effective Date Termination Date Contract Number C.ontractor: Orange County Health Department Activity: CPAS - fIrthnpesrli r Project Dirt' ctor: Daniel B. Reimer Total Budget:$ 584 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT—". E STATE EXPENDITURES: Salaries & Fringe Benefits SA/FR 1000 214 Operating Expenses OP EXP 2000 0 P Purchase of Equipment EQUIP 5000 0 E General Contracted or Purchased Services GENERAL 6100 200 N School Health Clinician . CLN 6863 150 I Delivery Services irr•ZEKTIN=.:- "i-V,:li.": ,..i77...;.'..'.: 7Z4-7412MIRMEN.M.- ;.1 Laboratory LAB 6862 0 T Pharmacy Services RX SERV 6865 0 U Transfer TXDC/SSBO .;:.4.St•:1114X.igl..41=1,'-!'.::-::.LIPAN'tar=".F''i.-'=.,':.02.-.Vatii,VOzial R Subtotal State Expend. $ 584 E LOCAL EXPENDITURES: LOCAL EXP 9000 0 S TOTAL EXPENDITURES—equal to Total Receipts $ 584 . R LOCAL FUNDS: Appropriation APPROP 101 0 E • DaX/SSEG Fees 102 0 c Other Receipts OTHR REC 103 0 E Subtotal Local Funds $ 0 1 STATE/FEDERAL/SPECIAL FUNDS: P T S 584 Subtotal State/Federal/Saecial $ SA4 TOTAL RECEIPTS—equal to Total Expenditures $ 584 1 - i /1-:,- ■ ,-reldk=7,,‘. 6-6dsv Local Authorized Official Signature Date ' -' -. DHS Section Chief Signature Date ... i Finance Officer Signature Date . A....c.ing DHS Budget Officer Signature Date Initial DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) •I i . rage or it • Fmmmesmvirssrsssrwwzfgzs=sg=---------------- EIBRZIN 1989 - 1990 n O u n9 CONSOLIDATED.CONTRACI - FIE COPT BEM= ORANGE COM • HeMliDEPAPr THE STATE OF NORTH CA,PDLINA • AS REPRESENTED BY 4 , THE DEPARTMENT OF HUMAN RESOURCES, DIVISION OF HEALTH SERVICES (Hereinafter.ralied the "State") AND Orange County Health,Dewrpment (Nana of Local Health Department) (Hereinafter. cellethe. "Departirent") roa THE PORPOSE_OF • MAINTAINING AND STIWJLATING THE ADvAriateur OF HEALTH IN NORTH CAROLINA . This Contract Shall Cover a Period Fran July 01, 1989 to June 30, 1990 NCW, MFORE, the State and the Department agree that the provisions and clauses herein set forth shall be incorporated.in and constitute- the terms-and- , • conditions applicable. for the following activities ,involving .State fmdin . - ' (State funding or funds-means state, : feddral, - -andior special funding or funds . ' throughout this contract.) • ACTIVITY • Acrivrry • General • - -T —Childrens Special Health Services _Tuberculosis AdultHe4ltb AIDS CONTROL (FED) TESTING Health Premtion . AIDS CONTROL (FED) EDUCATION _ Nutration Title Child Health Maternal Health Family Planning_ • • • • MS 2946 (Revised 05/89) • Administrative Procedures Review 05/90) •- . _ - hay t e .8.:,` CA • LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Revision Number— Division of Health Services ' Management Services 2 4, .z.LO SPY Office,Section or Branch P.O.Number 07/ 89 06/ 90 r-1/ A ° C:\ b I 4 o _Oa (Q__JS_ Effective Date Tumination Date v 9, Contract Number ...3 Contractor: Orange County jipa 1 th DApartment Activity: General • projezt Director, nem i co R. lte tin p r Total Budget$--11.0B.,741 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE IVCPENDITURES: Salaries & Fringe'Benefits SA/FR 1000 40,000 X Operating Expenses OP EXP 2000 12,037 p Purchase of Equipment . EQUIP 5000 . E General Contracted or Purchased Services GENERAL 6100 School Health :':'•.:-.:177::::::7:-..::: ZMT;iiHafg',V7):=07--AM: -, , -:-. .........,, , . ,,.. ,mw4ve, D Clinician :)2:4::,i1/::.:';:' .2.&L''',:::::';•trE4;'::;:...:::;.-"N:VS:P.•,'4*';' ,:grii I Delivery Services :',-.::::f.f,75:.]:-E17.7.!'iigE:',...::::ffiad:E.:;i",:.L•••21. .7:..::-.X.....‘:W.Niratil: r Laboratory f Pharmacy Services ',::;::.::,..4..;;Ital-:";i:'L:::•.-Ls;.*::,..:::-..?'±aa'a.:;i:E,; .:;jE.:4;;T:Zi.Z. S142;•, U Transfer TXIX/SSBG ';.:.::?:,. .L."..:.... .,I):.Eiq ./. .ii.Eikkffaxgi..EK:ztsAtqn R Subtotal State Expend. $ 52,037 E LOCAL EXPENDITURES: LOCAL EXP 9000 756,706 S TOTAL EXPENDITURES—equal to Total Receipts $ 808,743 - R LOCAL FUNDS: Appropriation APPROP 101 591,706 E TXDUSSBO Fees 102 5,000 i c Other Receipts OTHR REC 103 160,000 ,■• E Subtotal Local Funds $ 756,706 / STATE/FEDERAL/SPEaAL FUNDS: P - T . S / 3/' - toi - 1/ 7/ -oe,_ro 52,037 Subtotal State/Federal/S•- • $ 52 037 TOTAL RECEIPTS—equal to Total Expenditures $ 808 743 — I/6/- I / / . 1 (24c14,71 .)),,QA./tb-7;1214tS 6-*-1140 Au orized Official Signa Date ;•- tifed DHS Section Chief Si gna Date ,,r0010-i-ole 7: • 1 6lY0A5 z. Finance Officer Signature Date WoZPAnt DHS Budget Officer Signature Date telthal DRS 2948(Revised 2/87) Contracts Administration(Review 2/90) . . /WY 1089 eA LOCAL HEALTEIDEPARTMENT BUDGET N.C.Department of Human Resources Revision Number— Division of Health Services Epidemiology . i6 _...6._.6.' SFY— Office,Section or Branch P.O.Number 07/ 89 ow 90 7 94) ..2-_4__11.12 ° a__ Effective Date Termination Date 1' I o I , Contract Number Lo lit Contractor: Orange County Health Department Activity- Tubeva.41 osi s Project Director: Daniel B. Reimer Total Budget:$ 97,514 • ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: - Salaries Cc Fringe Benefits SA/FR 1000 12,135 X Operating Expenses .. 013 EXP 2000 0 p Purchase of Equipment ,,C. 57 8 fr. EQUIP 5000 . 0 • . A rui E _ General Contracted or41, --ir• r2 Purchased Service k MAY19140 SS GENERAL 6100 0 N School Health u'' -P' .,:-.---. .:ififf17•::.::;;Ecf.NWT.i7gardilifOrigSaW. D Clinician re,;-:. 11/BERowssis z.t; - .c -) CONTROL 61' P-14 .__............, 6863 0 I Delivery Services c...) t' '''.":T....11,,--1•L: :.:1_ :ir.i.77f-5.7.aiMW&:Eigfai .,,,, •§-`33 .76f:: ; „.„ Laboratory LAB 6862 0 -I. Pharmacy Services '--C-4.„,,,.. ityle/ RX SERV 6865 0 U Transfer TXIX/SSBG '''f'-'4.4.V-`"'"'" .?:1, 12i7V.-,'..:.2:.?.:,"etfi-i.F.77....Z..'7,1:4'.tar6,0,19;14340,HM., .:,,,,,,,m4-tis-i.,?--......-r...---.-. 7,---"•',-*1-: R Subtotal State Expend. $ 12,135 E LOCAL EXPENDITURES: LOCAL FM 9000 85,379 S TOTAL EXPENDITURES—equal to Total Receipts $ 97,51 4 _ • R. LOCAL FUNDS: Appropriation APPROP 101 85,379 E TXIX/SSBG Fees 102 0 Other Receipts OTHR REC 103 0 E _ Subtotal Local Funds $ 85,379 —. / STATE/FEDERAL/SPECIAL FUNDS: P T S . _ 12,135 Subtotal State/Federal/Special $ TOTAL RECEIPTS—equal to Total Expenditures $ 97,514 ' IIIIMOININIIMIIMMNI.11■■■•■■■■•=1111.1••••••■ j 1 j AU jr ALA/ •' ,446/delit _,Pe3/... ig_. LiDh'tY\ ,ri.OADivntrwit; , -10-?`? Local Autho • Official Signs it / Date Hail HS Section Chief Signature Date Z 4q haul re,g■ --15---2? Finance Officer Signature Da Accaunom DHS Budget Officer Signature Date kilisil DHS 2948(Revised 2/87) Camoncts Administration(Review 2/90) — . MAY I 8 'tiki a LOCAL HEALTH DEPARTMENT BUDGET JUN 30 19 CA N.C.Department of Human Resources Revision Number_ Division of Health Se:rvices Adult Headth Services 9 6 c‘ sFy_ Office,Section or Branch P.O.Number - I' a 1, 2_(2---5-4-41_ /; ..ILL1... 07/ 89 06/ _9() 3,.( 1 t r., % 0\.' t /. . Effective Date Termination Date Contract Number j 0 ! Contractor nv.,,ep enmity APA1 rh T)ppar fawn t Activity. Adult Health Project Director: Tian.1 pl .11., RPilITIPr Total Budget$ 5.129 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: Salaries & Fringe Benefits SA/FR 1000 5,129 X Operating Expenses OP EXP 2000 0 _ p Purchase of Equipment EQUIP 5000 0 E General Contracted or Purchased Services GENERAL 6100 0 N • School Health D Clinician CLN 6863 0 I Delivery Services :1:)::::'.g.'3.01.::41f.:t5':',.:.:Y, Laboratory LAB 6862 ..- 0 T Pharmacy Services RX SERV 6865 0 U Transfer TXLX/SSEt0 R _ Subtotal State Expend. $ 5,129 E LOCAL EXPENDITURES: LOCAL EXP 9000 77,987 S TOTAL EXPENDITURES—equal to Total Receipts $ 83,116 R LOCAL FUNDS: Appropriation APPROP 101 77,987 E TXDC/SSBG Fees 102 0 c Other Receipts O'TliR REC 103 0 E Subtotal Local Funds ' $ 77,987 i STATE/FEDERAL/SPECIAL FUNDS: P 1 • T 5,129 1 S ■ Subtotal State/Federal/Special $ 5,129 _ TOTAL RECEIPTS—equal to Total Expenditures $ g 1)1"i . att 64, (94-6a- / i." _ Z1...V_. 9,4,-,-, )-c5 Local Authorized Official S.:-. :/"C:" Date . DHS*sion ChidiSignature Date I ... H "?.11100%.4474te . .7' . • //(5, ( .,,i CI:1-1---,.. -.7, e.---)----- F'''-/e'" .- ilti Finance Officer Signature te : w DHS Budget Officer Signature Date DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) I :. Wm JUN 30 '89 CP, LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Revision Number— Division of Health Services Adult Health Services (4' .. .- ..E 5-* SFY Office,Section or Branch P.0.Number 07/ 89 06/ 90 ' - Effective Date Termination Date sI \ Contract Number . .. L., Contractor: Orange County Health Department '-ii Activity: Health Promotinn . project Director. Daniel B. Reimer Total Budget$ 370554 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: - Salaries €8. Fringe Benefits SA/FR 1000 17,673 Operating Expenses OP EXP 2000 0 p Purchase of Equipment EQUIP 5000 0 E General Contracted or Purchased Services . : - 6100 . 0 N School Health D Cliaid311 i: '•••.'''...,■•1,.:';:''''.Y.":::t1SAti;*:;,::iat''>1;Oittatkaliaktig;:el:4■St:*t■'':045 I Delivery Services Laboratory :III:Tf:::i..=:'Zr.::::;:l..:*.iiiIINE-iii,7..ff.:.:ZZitEiTtailktEINEElfireg111-41 T Pharmacy Services i•II.1:,.7,..17-:IXiiIi;44.:,;,::::::Z::2fig:41:;$7,2231),;:a72ICWSM U Transfer naxissEo .•:.•:.:,-;':::77.:::::::,--",`55v7;:y.1,e:,t,',•..,::,..,'. ,.,:03,:e.;;;;.%:-,•k:',Pyt:.<ZNe:,P."-.ic.,::75:av:94 R Subtotal State Expend. . $ 17,6_71 E LOCAL EXPENDITURES: LOCAL EXP 9000 19,881 S TOTAL EXPENDITURES—equal to Total Receipts $ 37.554 1 R LOCAL FUNDS: I Appropriation APPROP 101 TXIX/SSBO Fees 102 19,881 E 0 - e Other Receipts OTHR REC 103 0 E Subtotal Local Funds ' $ 19,881 1 STATE/FEDERAL/SPECIAL FUNDS: P - T r) 17,673 s /57e, —fi,/c-t-.57 03--- L,e,9,-' Subtotal State/Federal/Special $ 17„.6y3 TOTAL RECEIPTS—equal to Total Expenditures $ 37,554 , 1.10''St" 1 / / .1 6 yg, J/7,- „..... _ ..,:.... ,,,,,,, SI cl Local Authorized-1 Official Signs f f e E'multh He'd( DIISIXtiip,Chi Signature Date Irma . .e...a.duae, 7' "1 s 0, i°AL" A 0 15"--- -- s ..-,' ,...■_-_. AP .---,--. Finance Officer Signature Da e - 41/.4f wit DHS Budget 0, cer Signature Date twin! DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) MAY 26 .e i,i• LOCAL HEALTH DEPARTMENT Bea y s2� N.C.Department of Human Resources qp_ Revision Number___ Division of Health Services Maternal and Child Care ,,4.; N% _ SPY Office,Section or Branch •g AY198g M: P.O.Number •07/ 89 • 06 / 90 �,'�,\ %(1 . 4 _6. �,.II_...Q� (:'.2 Effective Date Tertrunation Date 'i „��{ ,s} ,� Contract Number . CQ a�tr o, tr .., fr.F& Contractor. Orange County Health_Department Activity: Ni tri ti nn Ti t7 e. xy Project Director: Daniel B. Reimer Total Budget:$ 2,119.50 (150 x $14..13) ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT STATE EXPENDITURES: £ / ..P�✓ 3, x ,. ,�� , s E z - �• y°4 fitig gi*”rs .t`�,>r�'Fyi3it P ,sY #�# z r ra . a, X Salaries St Fringe Benefits ¢ ..),:«s° .-q i • 4 3 u 4`f�/°c I$ ,:a`rAekt sd s1,•At a: A tO0 � , ue, -p w w �a 9» r •a3 y.ffa L�•• > perating k s Y [ ., +.. C.s :3 E3c;. p Purchase of Equipment � _ t 4�4,q u C 4 � :; . c; fs s K a > r, � y > r' s' E , General Contracted or l � rt* 4 :t. :. 7 ,; g�� 4;&;. , • kr s ` s ' S k a A .: .' rA•yePurchased Services in5 ,s' rav'k...t rf t, � g �" ' '? ' ¢N School Health ."'�.y» .n � ',:. f P„ � X > s. ..::. : . .•Y� Md ! ? Sk L .* s 4 3 1M�ro : i j? Ci[ir � 1 .. ..mt. ^s" '- ilr 99 < F *41- .4/9 b /*.c. $OAt. el,3 �•:v ,—.> . r-- r zt c f < < s t4.tc $ wt'.. "f1-4. a:,.'raY:ro.s I Delivery Services � k us: w p r° h vx � ��r •F Y 4 .•,� '~; Laboratory c M M ; ;P �s�° °;a AF �� r h , k, , ,Parmacy Services y tI Transfer '1XDC/S58G r mse .NJk s : N i , A' ' ...w. �' $,e .P P k Z9 ' - . - E. Subtotal State Expend. $ E LOCAL EXPENDITURES: _ LOCAL EXP 9000 (150 x 14.13) 2,119.50 S TOTAL EXPENDITURES—equal to Total Receipts $ 2,119.50 P; LOCAL FUNDS: Appropriation APPROP 101 (I0 x 368) _513.2.00 E TXIx/SSBG Fees 102 (150 x 10.20 14337.50 C Other Receipts OTHR REC— 103 E , Subtotal Local Funds _ (101 + 102) $ 2,119.50 1 STATE/FEDERAL/SPECIAL FUNDS: P T • S Subtotal State/Federal/Special $ TOTAL RECEIPTS—equal to Total Expenditures $ 2,119.50 I k Lill • %.i4.di _6/3a i 8411 �,�� ��>n r w`' , . Authorized Official S'_a -- a to s Had DHS Section Chief Sig ture Date 1 _ / wad D Lrii 441 /, ,..,_�. 8,? o Fiance Officer Signature s DHS s' cer Si gna ture bidg DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) [MAY I 8 88 cA ...------' JUN 6 89 C LOCAL HEALTH DEPARTMENT BUDGET NC Department of Human Resources Revision Number_ Division of Health Services Maternal and Child Care a/-' 0/ 0 SFY_______ Office,Section or Branch _.„4.... ___ ..'._____ 1 • 3 P.0.Number i ° .E_-3_,.1_ 0 b ....‘..r 07/ 89 06/90 l 10_9, . Effective Date Termination Date \-P sit Contract Number Contractor: nranv cLinnry.liPal rb Delararamit Activity: Child Hpai,th Project Director: Dan;Pl_ B. Roimear Total Budget$ 351,306 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: Salaries & Fringe Benefits SA/FR 1000 28,194 X Operating Expenses OP EXP 2000 8,250 p Purchase of Equipment EQUIP 5000 E General Contracted or Purchased Services GENERAL 6100 10,000 N School Health SCH HLTH 6200 8,750 D Clinician loan' CLN 6863 0 I Delivery Services :',:7:::.:-.1.7<n.-::Tf.S.:1431,,7:5,'..:i...7.-e.: -7'.:' 1.;'';"-..y. Laboratory LAB 662 0 T Pharmacy Services RX SERV 6865 0 U Transfer TXDC/SSBG R Subtotal State Expend. $ 55,194 E LOCAL EXPENDITURES: LOCAL EXP 9000 296,112 S TOTAL EXPENDITURES—equal to Total Receipts $ 351,306 R LOCAL FUNDS: Appropriation APPROP 101 294 112 .. ; E TX1X/SSBO Fees 102 7,000 c Other Receipts OTHR REC 103 0 E Subtotal Local Funds $ 296,112 / STATE/FEDERAL/SPECIAL FUNDS: • P /..c A/02 - a/0, - svers? — C''PrXi( T ' S bhicS Pambs, 550_94 Subtotal State/Federal/S•-... $ 55,194 TOTAL RECEIPTS—equal to Total Expenditures $ 351,306 1 --- d.di 4/FP AIL (.1„.., 2)4' h7(), Lilac/1i Local Authorized II' cial S'....fir' te alba* DHS Sectin%Chief Sige Date 1 01".' oh f4'4tZ Finance Officer Signature ;t:to . Aamlant DHS Budget Officer Signature Date Initial DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) . ■ LOCAL HEALTH DEPARTMENT BUDGET 'JUN 6 '89 ( ' N.C.Department of Human Resources Revision Number_....., Division of Health Services Maternal and Chik1Care 9 eY e) 0 SFY— Office,Section or Branch : —-I--— 07/ 89 • 06/ 90 ' ,..,, 0,1 ,..2 : .11 Effective Date Termination Date i' tr Ia 1 j n , - Contract Number Contractor: Orange County Health Department Activ—ity: Matornal lipalth ____________ Project Director: Daniel B. Reimer Tutd Budget$ 263,708 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: X Salaries & Fringe Benefits SA/FR 1000 54,042 Operating Expenses OP EXP 2000 _ 17,000 p Purchase of Equipment EQUIP 5000 0 E General Contracted or . GENERAL 6100 6,000 Purchased Services N School Health a4n.T.:".,-,T-FrzT,777::27-7,;;:zolmtmg-f7iy.TE.R:F .i‘n: D" Clinician CLN 6863 0 I Delivery Services DEL SERV 6869 _A_ T Laboratory LAB _____ . a 6862 ........ ml..._ Pharmacy Services RX SERV 6865 1 Ij Transfer TXDC/SSBG 'magiaaliziL?.!;:affs*".-- TT,ii':ZiiriP'ig5:, R Subtotal State Expend. $ 77,042 E LOCAL EXPENDITURES: LOCAL Fie 9000 186,666 S , TOTAL EXPENDITURES—equal to Total Receipts $ 263,708 a LOCAL FUNDS: Appropriation APPROP 101 171,666 E TXIX/SSEG Fees - 102 15,000 c Other Receipts OTHR REC 103 0 E Subtotal Local Funds $ 186,666 i STATE/FEDERAL/SPECIAL FUNDS: • P - S Ns ktAlbS 77,042 Subtotal State/Federal/Special . $ 77,042 TOTAL RECEIPTS—equal to Total Expenditures $ 263,708 / ft, 6 0 ? •,;...z. , awn ! A Local Authorized Official Sy -- e ,Aurr.';" DHS Sectio.viN ief Signatut Date 1 Latta 0,9roade. 7', ..-&-w • . Finance Officer Signature te 4/3c1/?? At DHS Budget Officer Signature - Date • Inisid DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) . . 1 aAY i is 04 CA LOCAL HEALTH DEPARTMENT BUDGET MAY 22 *89 .-. .--.-,----' NC.Department of Human Resources Revision Number_ Maternal and Child Care Division of Health Services Office,Section or Branch SFY P.O.Number 1 . ' C4 4? 0 07/ 89 06/ 90 Effective Date Termination Date 11/ 01 / I Contract Number G. Ch 9 • Contractor: Orange Oounty_ Health Department Activity. Family Planning Project Director: _Dani_el B, R eitagr .Total Budget:$ 397.891 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: Salaries & Fringe Benefits . SA/FR 1000 68,148 X Operating Expenses OP EXP 2000 5,000 p Purchase of Equipment EQUIP 5000 .0 . ' E General Contracted or Purchased Services GENERAL 6100 20 000 N School Health -- ----,.- --••:1,,,-,--,,q,:c.t.-,::,..--:4-,7.1r.rOmirki7tWF3gF,'ZIWRORRAiii ''-',..":1,'-•.;:. "i•'-;,zilti.....i.,:.,,,1;e•.,....,::::,m's....:-........tz.4...,...:4..,.,...,z,....:.....,,,,,,.-.3. ....- . D Clinician 6863 0 MT52.,;,,,,-impa.17:,... ..,,,,:i.::;:.z:::,:7:,j2,•:.,:i43 ..,....;±;,g ;p....4;ri,o,,,,,12,,,,,c. I Delivery Services Laboratory ,.........,7,,,,,..,,,,,,•:-..,4.7•7:Kr.:•-z"..7..-- -•••7.: p.c•ft0:•1•...:•••:.? .:...2,1i1:,,....:..I..,1,?1,?;A:;';;;;ffma. A6:421: p,.....:::1c::....,::...:2,....:.4. . ...,.....:, :.:.::.,,s 7:7::4-.::.....:4.4. 79k= T Pharmacy Services •:-.:..:••=F;;;p75:-.7,1;:in•;;7.."Si..:::.1-....:,.• ',..:."-,'•..;-•".:'.ie.3.::•:\t',W *.:5.. ..:,...-,..... ,.e.:..,:i.,:.;,:.,,:;;;e.:./4.1.?? . U Transfer TX3X/SSBG R Subtotal State Expend. $ 93,148 E LOCAL EXPENDITURES: LOCAL EXP 9000 304,743 S TOTAL EXPENDITURES—equal to Total Receipts $ 397,891 - _ R LOCAL FUNDS: Appropriation APPROP 101 284,743 E TXDC/SSBG Fees 102 10,000 c Other Receipts OTHR REC 103 10,000 E Subtotal Local Funds $ 3040743 I STATE/FEDERAL/SPECIAL FUNDS: ASV--4 SX-3.2- DHS 1:ThAv.ct-i 4-&-Lt-e - C2 too - 6'4'00 7 P . Dl-4 - F "'"' '"I -I /104 - 6100 ---s-MILI oi _ /2 Ci 0 . 15 0 . o T S 93,148 Subtotal State/Federal/Special $ 93,148 TOTAL RECEIPTS—equal to Total Expenditures $ 397 891 / Local Au oozed Official Signs bids] , do..11041 or ge6500 Date //-------6 7 Date/ DHS Section Chief Signature zt .. ' .,,,, • 6/30/37 '"`"4"4". '/ di-47-0-0e- 7 - ' / pi& 4.. DHS Budget Officer Signature Date Finance Officer Signature DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) Mai l a 18 CA --i' LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Revision Number— _.... Division of Health Services Management Services SFx Office,Section or Branch —--------- P.O.Number 07/Rn n5/40 ____-1—..4._.2...__ _ Effective Date Termination Date Contract Number Contractor: . Orange County Health Department may: TrannfPr of Fd, Project Directar-. Daniel B. Reimer Total Budget$ 33,537.°° - ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT > iii V i if,�E47. e,,, � iC, `E OLATE EXPENDITURES: fs£' v` .: s fh.q fi .4v 3t ,4s;.. , : Ea t; r s &3y �2 a0 S i c � ,l2 i Z <Salaries & Fringe Benefits 1 'oa 5 s t X Operating Expenses i .c r"; i f s tik' ,� R YP Purchase of Equipment � .r..x r c'z r w <•:- ' i -F. �2 i�V 6 7 r �a i h i AY 1 8 3 C . MAI 24 .13a ...------ LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Revision Number Division of Health Services Maternal and Child Care c) SFY - • Office,Section or Branch str, --,,-..,--——c--— 07 / 89 06/ 90 P.0.Number ,.. ' ., n9 I ' ,-7_1_s_....s _ _22_ 6 L 1\</ - Effective Date Termination Date k d ' Contract Number - j). • Contractor: Orange County Health Department Activity: rAus - Drithnppdir Project Director: Daniel B. Reimer Total Budget:$ 584 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: Salaries 6r.. Fringe Benefits SA/FR 1000 234 X Operating Expenses OP EXP 2000 0 p Purchase of Equipment EQUIP 5000 n . E General Contracted or Purchased Services GENERAL 6100 200 N School Health ',E.,..g.51.E.-iffarafigNIfihiragaMfi;.;.qg,. .75,gk ,TA:;;!,r4 Clinician CLN 6863 150 I Delivery Services '!.111:Ea,27-MENg7f1MTANN-#47f,:aij.F1.1.'"7:igv,a:;, • T Laboratory LAB 6862 0 Pharmacy Services RX SERV 6865 0 U Transfer TXIX/SSBG Iiiill•AiMMINZiTTedrik.IiirailiWriaiM.F1, R Subtotal State Expend. $ 584 E Local, EXPENDITURES: LOCAL EXP 9000 0 S TOTAL EXPENDITURES—equal to Total Receipts $ 584 R LOCAL FUNDS: Appropriation APPROP 101 0 E TX1XISSBG Fees 102 0 c Other Receipts QTHR REC 103 0 E Subtotal Local Funds 4-_ $ / STATE/FEDERAL/SPECIAL FUNDS: P • T /...,CY..5*- 4-/b 0 - ..574..cia - .,\-->ex,e• S 584 Subtotal State/Federal/Special $ TOTAL REC —equal to Total Expenditures $ 584 IIPTS /36 07 hi ,,Jor / - • -• - d?-s(s1 . Local Authorized Official Signe -/ te ,. All -• DHS Section Chief Signature Date ....r. • Finance Officer Signature a:te ' AgaMtgat DHS Budget Officer Signature Date Initial DHS 2948(Revised 2/87) Contracts Administration(Review 2/90) I Firiammermenessezerww-- MAY 22 1989 MAY 1eT.2 LOCAL HEALTH DEPARTMENT BUDGET. All6 a 2 .89 CA N.C.Department of Human Resources Revision Number-�._,.._ Division of Health Services Epidemiology . 9 .^� s' SPY Office,Section or Branch . �. `` • /4)/ P.O.Number 07/ 89 06/ 90 / _ -2-_.3_-�,---�U,- Effective Date Termination Date Li 1 ' ( Contract Number Contractor , Orange County Health Department Activity: ' ATOG Control (FFn) Testing Project Director Daniel. B. Reimer _ Total Budget:$ 30.000 e • ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: . X Salaries fit. Fringe Benefits SA./FR 1000 24,474 Operating Expenses . OP EXP 2000. 5 '2i6� M ik P Purchase of Equipment F-•", i t3{7Yy`:� "1 6." :2,574; wf3X i.4 `,P.. c t `g SyA�Y."'v ,'. y 17 . ar + :c,^a 9 � E Ge�Contracted of <., s c lF : k t } .. .x Y s r Purchased Services ` r • i „ c > t School Health {A — 9 U {..,a.'s{ f Jh a,:tom �k' 2 i � Y.. D r r 'y r Cliiudan y w4 3 , t < � tr. .. I Delivery Services 4Y N Mn itt ff ;;;;"g'..- -1.:..;.S t ♦... � ..,.�..:'ywirS.. .t n k.� 14,'pk��{ Laboratory 7 ,< Tu rM, {{ °s..E T Pharmacy Services ,, .� 7 �,.,{ �..�%.7,55/lIsi(w. U Transfer TXIX/SSBG • ;._:.....z >z.. ,.....'.". ..,...e '7:1;-7.:77:,-,7.::- is ,, :;, k.. 47:74-ga R Subtotal State . d. $ tt .00 E LOCAL EXPENDITURES: LOCAL EXP 9000 0 S TOTAL EXPENDITURES—equal to Total Receipts $ 30 000 R LOCAL FUNDS: Appropriation • APPROP 101 0 E TXIX/SSBG Fees 102 0 C Other Receipts OTHR REC 103 0 E Subtotal Local Funds r $ 0 I STATE/FEDERAL/SPECIAL FUNDS: . P • T - S /sat-- 4ioo - as-2- /79d 30,000 Subtotal State/Federal/Special $ 30,000 _ TOTAL RECEIPTS equal to Total Expenditures $ t ,o, Al.Al /.,/ V/57e: k I. • tat _ 5-R345 • Authorized Official Signatur/. r Date Haa i IT HS Section Chief Signatur Date El/6/87 >WS _ e- ~) Finance Officer Signature Date DHS Budget Officer Signature Date DHS 2948(Revised 2/B7) . Contracts Admintatsadcn(Review 2/90) �� . MAY 2 2 1989 MAY 1 o 44 CA LOCAL HEALTH DEPARTMENT BUDGET. AU6 2 2 '89 CA N.C.Department of Human Resources Division of Health Services Epidemiology Revision Number SFY Office,Section or ch CL.�(y? , ol/ R9 _ 4:4282....t (� P.O.Number Effective Date Termination Date i l �t t q O-•2---3--4,- Q -10-1- �k I Contract Number Contractor: Activity: Education .Project Director: D ai 1 B. Reimer Total Budget: 8 248 dget:$ ITEM DESCRIPTION CLASSIFICATION 1TREM E STATE EJCPENDITURES: AMOUNT• S= ::esBenefits SA/FR 1000 y 8�y 9 OP EXP Z O P Purchase of Equipment • sue a3 to l:,77) o ;•, s"— ^ ; t 8 Mw,> ,` x 4.9-,W •4 r' c }6z E General Contra ,'.....•,,..•::1".•..'.':, k .. J }g *,*, : >, i w '') 1;f• ,.. D Purchased ,:y; 't.P.-Pt, y sy�f c h . . h_ •l . School Health 2 { ' !77s WT u m r » o Clinician � "'-" 4 a a4�r # .3 aL}: s a „ t ' "'<Sci-d o a k�I Delivery . ce ' •`' >< T e r -77,.4 11.0 $ Y yk } f s,.. c .4 , e n r `Laboratory { 3:'.. s`ma ^^a .0 y >T Pharmacy Services r' z x x wU Transfer D /SSBG �A¢ „^��� °� R » , k tR Subtotal State Expend. • E LOCAL EXPEND $ 8,248 S EXPENDITURES: LOCAL EXP 9000 0 TOTAL EXPENDITURES-.equal to Total Receipts $ 8,248 R LOCAL FUNDS: . E Appropriation . APPROP 101 0 T XIX/SSBG Fees 102 0 C Other Recei• OTHR REC • 103 E. Subtotal Local Funds 0 I STATE/FEDERA.L/SPECIAL FUNDS: $ 0 P . T . Subtotal State/Federal/S 8,248 peciai $ 8,248 TOTAL RECEIPTS—equal to Total Expenditures . --� $ 8,248 Local Authorized `h .5-99 , I i •l/ q Official S'y r e Date e h ttaa� ..§,l ig t -/ � / �� Section Chief signature Z� Date Financc Officer signature Date '" -. - - i a ��'lr. laidd DHS Budget Officer Signature Date DHS 2948(Revised 2/87) Contracts Adtnis1i1mntioa(Review 2/90) I 1 ORANGE COUNTY BOARD OF COMMISSIONERS 1 Action Agenda ACTION AGENDA ITEM ABSTRACT Item No., )1-i- Meeting Date: June 28, 1989 SUBJECT: 1988-89 Audit Contract DEPARTMENT: Finance PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Ken Chavious Contract Ext 490 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider awarding a contract to develop the audit for the fiscal year ending June 30, 1989. BACKGROUND: Local governments are required to have an annual audit of their financial records by an independent auditor. Since 1983, the firm of Touche Ross and Company has performed the audit for Orange County. Their record over the period has been excellent. Also, its fees have been competitive with other firms which perform audits of governments such as Orange County. The quality of work can be attested by the fact that for six consecutive years the audits have received the highest awards possible. Touche Ross' proposed contract for the Comprehensive Annual • Financial Report and Certification of tax levy is $27,250, an increase .of $1,500 from 1987-88. The fee for performance of the single audit of grant funds is $12,250, an increase of $400 from 1987-88. RECOMMENDATIONIS) : Approve contract for fiscal year 1988-89 and authorize the Chairman to sign. 2 Touche Ross&Co. One e Triangle Executive Park Touche Ross Suit 600 Post Office Box 13866 • Research Triangle Park,NC 27709-3860 Telephone:919 481-4474 . Telephone:919 683-2150 June 5, 1989 • The Board of County Commissioners Orange County, North Carolina Ladies and Gentlemen: We are pleased to serve as independent accountants and auditors for Orange County, North Carolina. Mr. Rex Price will be responsible for all services we perform for you. It will be the responsibility of Mr. Price to make sure that your management receives quality service. Be will, as considered necessary, call upon other individuals with specialized knowledge, either in this office or elsewhere in our Firm. While auditing and reporting on your annual financial statements is to be the recurring basic service we provide, we would also like to assist you on issues as they arise throughout the year. Bence, we hope you will call Mr. Price whenever you feel he can be of assistance. Audit of Financial Statements Report on Audit of Financial Statements The purpose of our engagement to audit the County's financial statements for the year ending June 30, 1989, is to evaluate the fairness of presentation of the statements in conformity with generally accepted accounting principles, in all material respects. Our audit will be conducted in accordance with generally accepted auditing standards which gives consideration to our understanding of the internal control structure, including the control environment, the accounting system and the control procedures established by management. Based on this consideration we will design our audit to provide reasonable assurance of detecting errors and irregularities that are material to the financial statements. Touche Ross International 3 0 Touche Ross The Board of County Commissioners Orange County, North Carolina Page Two June 5, 1989 However, because of the characteristics of irregularities, particularly those involving forgery and collusion, a properly designed and executed audit may not detect such items. Therefore, an audit conducted in accordance with generally accepted auditing standards is designed to obtain reasonable, rather than absolute assurance about the financial statements. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. The objective of our audit is the expression of an opinion on the County's financial statements. Our ability to express that opinion, and the wording of our opinion, will, of course, be dependent on the facts and circumstances at the date of our report. If our auditor's report requires modification, the reasons therefor will be discussed with you prior to its issuance. As a result of the issuance of Statement on Auditing Standards No. 58, Reports on Audited Financial Statements, by the American Institute of Certified Public Accountants, the format of our auditor's report has changed and is presently expected to read as follows: Independent Auditor's Report We have audited the general purpose financial statements of Orange County, North Carolina as of and for the year ended June 30, 1989, as listed in the table of contents. These financial statements are the • responsibility of the County's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Orange County, North Carolina as of June 30, 1989, and the results of its operations and the cash flows of its proprietary fund type and similar trust fund for the year then ended in conformity with generally accepted accounting principles. • 4 S..Touche Ross The Board of County Commissioners Orange County, North Carolina Page Three June 5, 1989 Management's Responsibility We direct your attention to the fact that the financial statements are the responsibility of management. In this regard, management has the responsibility for properly recording transactions in the accounting records, for making appropriate accounting estimates, for safeguarding assets, and for the overall accuracy of the financial statements. Other Communications Arising from the Audit In connection with the planning and the performance of our audit generally accepted auditing standards require that we communicate certain matters to the Board of County Commissioners. We will communicate to the Board of County Commissioners, to the extent that they come to our attention, irregularities and illegal acts that are clearly not inconsequential, and _reportable conditions. Reportable conditions are significant deficiences in the design or operation of the internal control system that could adversely affect the County's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. We may also have other comments for management on matters we have observed and possible ways to improve the efficiency of your operations or other recommendations concerning the internal control structure. With respect to these other communications it is our practice to discuss all comments, if appropriate, with the level of management responsible for the matters prior to their communication to senior management and/or the Board of County Commissioners. Assistance to be supplied by your personnel, including preparation of schedules and analyses of accounts, will be discussed with the appropriate personnel. Timely completion of this work will facilitate the conclusion of our audit. • In addition, as part of our audit engagement, we will perform the following: a) an examination of the schedules of property taxes receivable and the related schedule of 1988 tax levy and collections for the year then ended, and b) a single audit in accordance with The Single Audit Act of 1984. • Our fees are based on the amount of time required at various levels of • responsibility, plus actual out-of-pocket expenses, payable upon presentation of our invoices. We estimate that our fees for the audit engagement will be $39,500, including expenses. We will notify you immediately of any circumstances we encounter which could significantly affect our estimate. 5 Tbuche Ross • The Board of County Commissioners Orange County, North Carolina Page Pour June 5, 1989 Enclosed is LGC Form 205 regarding the audit of financial statements for the year ending June 30, 1989 for the Governing Body and Finance Officer's signatures. We are, of course, available to assist you in other areas that might arise. If the foregoing procedures are in accordance with your understanding, please sign and return to us the duplicate copy of this letter. • We appreciate this opportunity to serve you and trust that our association will be a long and pleasant one. Yours very truly, 1-01/U-Ate e91- Certified Public Accountants Accepted: ORANGE COUNTY, NORTH CAROLINA BY: Date: ........ <........ ...........E-n r.,t t.K; 3.T,t,x_�v't.'i+ ! '� . . 6 I4G2S(Rev.1/1989)... CONTRACT TO AUDIT ACCOUNTS • 1F51e in Triplicate. of ()ranee County, North Carolina • Governmental Unit This agreement, made this 5t11 day of 7„na , 19 as , by and between Touche Ross tr,Co. T'.O. Box 1.3866. Research .Triangle Park, NC 27709-3866 Auditor Mailing Address hereinafter referred to as the Auditor, and Baia tiiLnf Catint(y. Qlm,;ss i enaitif Orana County , hereinafter referred Goverome body to as the Governmental Unit, as follows: tuaTT 1. The Auditor shall examine all statements and disclosures required by generally accepted accounting principles and additional required legal disclosures of all funds and/or divisions of the Governmental Unit for the period beginning y 'i ..19,RR ,and ending, :Trop .4n ,19Rx_._..The combining,individual fund,and ac- count group financial statements and schedules shall be subjected to the auditing procedures applied in the examination of the combined financial statements and an opinion will be rendered in relation to the combined financial statements taken as a whole. The Audit will have no scope limitations except: None 2. The Auditor shall conduct his examination and render his report in accordance with generally accepted auditing standards. The examination shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances,except as follows: (See Item 12.) Not applicable 3. It is agreed that generally accepted auditing etanda-ds include a review of the Governmental Unit's system of internal con- trol and accounting as same relates to accountability of funds and adherence to budget and law requirements applicable thereto;that the Auditor will make a written report,which may or may not be a part of the written report of audit,to the Governing Body setting forth his findings, together with his recommendations for improvement. The Auditor shall file a copy of all reports of this type with the Secretary of the Local Government Commission. 4. The Auditor shall,after completing his examination,submit to the Governing Body a written report of audit.This report shall include,at least,the financial statements and notes thereto prepared in accordance with generally accepted account- ing principles,combining and supplementary information requested by the client or required for full disclosure under the law,and the auditors opinion on the material presented.The Auditor shall furnish copies of the report of audit to the Governing Body as some as practical after the dose of the accounting period. The Auditor shall file three -••ies of said •. of audit-I -.. if no sin•e audit is -•aired with the Secretary of the Local Government Commission. 5. It is agreed that time is of the essence in this contract.All audits are to be performed and the report of audit submitted by October 31, 4 39 99 6. .Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances,the Auditor shall inform the Governing Body in writing of the need for such additional investiga- tion and the additional compensation required therefor.Upon approval by the Secretary of the Local Government Corn- ' mission,this agreement may be varied or changed to include the increased time and compensation as may be agreed upon by the Governing Body and the Auditor. 7. The Auditor shall perform a compliance examination for all federal and State financial assistance programs in accordance with the Single Audit Act of 1984(Pub.L.No.9&502 and G.S.159-34).The Auditor will file three espies of all reports required under the Federal and State Single Audit Acts with the Secretary of the Local Government Commission. (This includes the report required in item 3.) (See items 15 and 18.) 8. in consideration of the satisfactory performance of the provisions of this agreement,the Governmental Unit shall pay to the Auditor,upon approval by the Secretary of the Local Government Commission, a fee which includes any cost the Auditor may incur from work paper reviews by third parties(Federal and/or State agencies)as required under tbt Federal and State Single Audit Acts: C23'S and Certification of Tax Levy $27,250; Single Audit of Grant Funds $12, 50 9. AA local government ann public authority contracts for annual or special audits,financial statement preparation,firmwa- re-lilted investigations,or any audit-related work in the State of North Carolina require the approval of the Secretary of the Local Government Commission.Invoices for services rendered under these contracts shall not be paid by the govern- mental unit until the invoice has been approved by the Secretary of the Local Government Commission.(This also includes any interim invoices.).The invoice should be submitted in triplicate.The original and one copy will be returned to the auditor and a copy retained by the Secretary of the Local Government Commission.Approval is not required on contracts for system improvements and similar services of a non-auditing nature. (Continued on Reverse) JO. The contract should be executed and submitted in triplicate to the Secretary of the Local Government Commission,325 - North Salisbury Street,Raleigh,North Carolina 27611. 11. upon approval.the original will be returned to the Governmental Unit.a a copy retained by the Secretary of the Local Government Cott dtssion.The copy should not be started before the Auditor, ontract - . is approved. 12. This contract contemplates an unqualified opinion being rendered.Any limitation:or reatsictiona in scope which would lead to a qualification should be fully explained In an attachment to this contract. Contracts with such limitations will not be approved unless satisfactory explanation is made. 13. If an approved contract needs to be varied or changed, the change must be reduced to writing,signed and submitted to the Secretary of the Local Government Commission for approval. No change shall be effectwe unless approved by the Secretary of the Local Government Commission, the Governing Board,and the Auditor. 14. A separate contract should not be made for each division to be audited or report to be submitted.The scope of the audit and the fee for the audit should be dearly stated. Stated fees include any cost the Auditor may incur from work paper organizations). or any other quality assurance program required by third parties (federal and State agencies or other 15. Three copies(one copy for traits not having a single audit)of the report of audit and any other written shall be filed with the Secretary of the Local report ny ohs nor toe r5' Government Commission when (or prior to)submitting the invoice for the services rendered no later than four months after the close of the fiscal year (for fiscal years ending June 30 this would be October 31).The report of audit,as filed with the Secretary of the Local Government Commission,becomes a matter of public record for inspection and review in the offices of the in the preparation of Official Statements for debt offerings as w byym any interested parties.nicipal bond rating�ar are used 16. There are no special.provisions except; See attached engagement letter. • • 17. Whenever the Auditor uses an engagement letter with the client,Item 16 should be completed by referencing the engage- ment letter and attaching a copy of the engagement letter to the contract to incorporate the engagement letter into the contract.In case of conflict between the terms of the engagement letter and the terms of this contract, the terms of this deleted in Item 20 of this contract, terms are to be void unless the conflicting t=ans of this contract are specifically 18. A Governmental Unit not having a single audit on federal and State funds would list Item 7 in Item 20 of the contract as being a deleted provision.An lanatitm must be iven In Item 20 for aav audit on federal and State funds(e.g.,a required Goverruneytal Unit not receiving a single ( $ single audit is not under the Federal and State Single Audit Acts and is not being performed). 19. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved by the Secretary ment Commission. of the Local Govern_ 10. All of the above paragraphs are understood and shall apply to this agreement,except the following numbered paragraphs shall be deleted: (See items 17 and 18.) None Audlto By :- . o ' - P.. nee but va,t / sy ta>epnm) By j / ���„�✓ , a°iaaae ewe or prsnt} ���-_�r��► sue) Approved by the Secretary of the Local Government ��e) re- Commission as provided in Article 3,Chapter 159 of the This been udibod and manner rn- Ge neraal Statutes or Article 31,Part 3,Chapter 115C of tel Act by The Local or by The SSchool�+Budget Fiscal Control Act. the General Statutes. Fa'r riZnnaty Fr oae Of{ias (Page Type or pr+atj Date a"�°"O) Date • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-15 ACTION AGENDA ITEM ABSTRACT Meeting Date: June J, 1989 SUBJECT: Resolution of Participation in the State ' s Land Records. Modernization Matching Grant Progrpm_ : Yes x No DEPARTMENT: Central Land Records PUBLIC HEARING. ATTACHMENT(S) : 3 Page Application Copy INFORMATION CONTACT: 1 Page Resolution Roscoe Reeve 2 Page Letter TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 • Mebane - 227-2031 Durham - 688-7331 • PURPOSE: to adopt a resolution indicating the desire of Orange County to continue to participate in the State 's land records modernization grant program for 1989-1990. The resolution is required by the State and qualifies the County to receive a grant award for the remapping and GIS projects . • BACKGROUND: Counties seeking grant funds from the State Department of NRCD, for improving their land records, must pass a resolution of participation each year to qualify for the matching grant award. Orange County has participated in the State program every year since 1979, and has received matching funds which it has been able to use in its re-mapping program, a multi-year, multi-phased program, which also involves automation of land data files, and this year the GIS project. The grant program is administered throught the Land Records Management Program Office of NRCD, and the fund amount is determined each year by the General Assembly. RECOMMENDATION(S) : that the Board of Commissioners adopt the participation resolution, and authorize its Chair to sign a copy to be forwarded to the LRMP-NRCD. - - - _ _ _ 2 BE IT RESOLVED by the Orange County Board of Commissioners, that it recognizes and appreciates the Land Records Management Program of the State Department of Natural Resources-and Community Development and its assistance to counties through matching grants for the modernization of land records, and desires to participate in their grant program for the 1989-1990 fiscal year. It further agrees to abide by the agreements and contracts with the program that are mutually adopted. This the day of , 1989. Signed Moses Carey Jr, Chair Orange County Board of Commissioners North Carolina Department Department of Natural Resources and Community Development 3 STATE OFFICE USE ONLY � : DATE RECEIVED: DATE EFFECTIVE: 'I LAND RECORDS MANAGEMENT GRANT APPLICATION 1 1 UNDER THEAUTISORITY oF CRAPTEFI 1ose.SESStotttAws,1977 'DATE OFFERED: AMOUNT: %W ACTTO PRONIDEASS1STANCETOCOU.inES FOR TIE IWROVEMEM'OF IAPD RECORDS' INSTRUCTIONS: Complete all items. Submit in duplicate to: DATE ACCEPTED: t. N.C.Department of NRCD,Land Records Management Program P.O.Box 27687,Raleigh, N.C.27611 THE BOARD OF COUNTY COMMISSIONERS OF: 'AREA C®%Or E: Orange County (919) 732-8181 ADDRESS(street or box,city, town, zip code) P 0 Box 8181 , Hillsborou•h NC 27278 PROJECT TYPE:(check all applicable) TOTAL GRANT REQUEST; TOTAL EST. PROJECT COST: El BASE MAPS QPARCEL IDENTIFIER $ 82,500 $ 165,000 12 CADASTRAL MAPS RAUTOMATED SYSTEM • CERTIFICATION: The attached statements and exhibits are hereby made port of this application and the undersigned representative of the applicant certifies that the information contained therein is true,correct,and complete to the best of his knowledge and belief. He further certifies that: he has been authorized to file this application by formal action of the Board of County Commissioners of said county as is evidenced by the attached certified copy of authorization mode by the Board of County Commissioners; the applicant agrees that if a State Grant for the project is made pursuant to the Act to Provide Assistance to Counties for the Improvement of Land Records the applicant will arrange Financing for all remaining costs of the approved project; the applicant will provide proper and efficient operation and maintenance of the approved project after completion thereof; and the applicant hos substantially complied with or will substantially comply with all State and local lows, rules, regulations,and ordinances applicable to the project. • .M OF R PRESENTATIVE: SIGNATURE: 'DATE: Roscoe E Reeve, LRM f 6-1-89 • PROJECT DESCRIPTION(to be attached to application) This item shall briefly define the work to be accomplished w■th the assistance of the grant funds requested herein. Such work shall be as outlined in the applicant county's Long Range Plan for Modernization of Land Records broken down into convenient units or projects to be funded separately and in logical sequence. Projects should generally be schetuled :o be completed within 3 years or less. Describe the proposed project in terms of man months, woe= elements and re:lied tests. Indicate •w,erg additional persanne', :an sulYr.c services, and equipment purchases may be required. Office space one additional overhead expenses should be noted. Other details that will further define the project should be included to assist the Department in a•-:vin;at a most fovoresle assessment of the described project. REQUIRED DOCUMENTATION (the following documents are required as port of oppt.cation, explain briefly IF they are not attached) 1. Resolution(s) of Board of County Commissioners providing required assurances and agreements. 2. Long Range Plan for Modernization of Land Record (see Keys to Modernization of County Land Records). 3. Agreements with affected county officials. 4. Name and address of Land Records Manager. 5. Resolution establishing capital reserve fund(if applicable). • GENERAL PROJECT INFORMATION I. Enter number of parcels in county as of data of application: '2. Enter date of next revaluation: • — 42,.000 199n 3. Enter estimated protect costs for appropriate project: • A. BASE MAPS (1) AERIAL PHOTOGRAPHY (2) CARTOGRAPHIC BASE MAPS S • (3) ORTHOPHOTO BASE MAPS $ B. CADASTRAL MAPS $ 103,000 C. STANDARDIZED SYSTEM OF PARCEL IDENTIFIERS $ D. AUTOMATION OF LAND RECORDS $ 62;000 TOTAL: $ 165,000 _ elk (3'/f;4) i • • FINANCIAL INFORMATION 4 •. Souree(sj of funds: A. Funds to be made available by the applicant: AMOUNT DATE AVAILABLE CASH $ 82,500 GENERAL OBLIGATION BONDS OTHER(specify) S B. STATE GRANT REQUESTED $ 82,500 C. FEDERAL GRANT—IN—AID • TOTAL: $ 165,000 • 2. Nome sources and amounts of Federal grants and loans requested. Ind:care status of each request: If bond financing is required for Project-. • A.OYES Has bond issue been authorized by governing body? If yes, give amount& dare: ONO If no, explain: • B.OYES Is referendum required to approve bond authorization? ONO 1. OYES Has referendum been held? If yes, give results and dote- LJPASSLJFAIL • ONO If no,explain plans and proposed referendum date: 4.Most recent official total tax rotes 56� 5. Estimate debt service tax increase caused by project: per 5100 assessed value $ per 5100 assessed value • 1 6.Outstanding bonded debt excluding bonds for this project: 7.Total appraised property valuation: $ 5 3,393,057,275 • 8. Proposed protect of S , when added to existing indebtedness,does, exceed piesent debt limit provisions of the general lows of the State. Explainu • • kS. 1 gi 5:0 COUNTY of ORANGE CENTRAL LAND RECORDS OFFICE Roscoe E. Reeve Patricia B. Smith Manager • Mapping Supervisor • PROJECT DESCRIPTION: The funds budgeted for this year (1989-90) will be used to complete the digital (cadastral) mapping in Phase IV, of Orange County' s long range plan, being the remaining parts of Chapel • Hill Township. It will also fund the beginning of Phase V, the final phase of the remapping project, which is the digital mapping of the remaining townships. This year will begin the GIS phase of the modernization of Orange County' s land records by automated processes. It will include the purchase of a engineering workstation, and various peripherals. The mapping project is scheduled to deliver a tape of digital data for Chapel Hill Township in November of 1989. The remaining townships may take an additional two years to be. delivered. NAME & ADDRESS OF LAND RECORDS MANAGER: Roscoe E Reeve Orange Land Records Office P 0 Box 8181 (208 S Cameron St) Hillsborough, NC 27278 (919) 732-8181 Ext 547 LONG-RANGE PLAN: On file with Land Records Management Program Office BOARD OF COUNTY COMMISSIONER'S RESOLUTION: To Be Sent in Seperate Filing. P 0 Box 8181 208 South Cameron Street • Hillsborough, North Carolina 27278 Telephones: 919 732-8181 • 919 967-9251 • 919 688-7331 • 919 227-2031 • 5TATr•::•• APR 2 6 IN 5,*••r. • 6• —.• State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W Cobey,Jr., Secretary .3 April 25, 1989 -..•• 5:4 C") Mr. John M. Link, Jr. r- Orange County Manager 109 Court Street Hillsborough, North Carolina 27278 -:- _ • Dear Mr. Link: zzi Orange County is invited to make application this year for a State Matching Grant under the provisions of the North Carolina Land Records Management Program (LRMP). We anticipate having $525,000 for the coming FY 1989-90 and will award grants on a 50150 matching basis to those counties whose applications qualify according to North Carolina G.S. 102-15, 16, and 17. A copy of the grant application form is attached. If your county has not applied for a LRIVIP grant in the past, Chapter 8 of "Keys to the Modernization of County Land. Records" can serve as a guideline in the preparation of your application. This document is available upon request. Two other documents concerning land records activities are also available on request: "Terhrrical Specifications for Base, Cadastral and Digital Maps" and "Uses of. TAT•ge Scale Maps." For those counties who have previously submitted applications for grant funds, we request that any changes to the long range plan and the project description of what is to be accomplished during FY 89-90 be submitted with the application form. According to law, we can award grants only for_the development of (1) base maps, (2) cadastral or "property" maps, (3) a system of parcel identifier numbers, and/or (4) an automated system for land records. Because of the limited funds available, we will not be able to approve grants for central computers. We will consider, however, grants for such auxiliary equipment as digitizers, plotters, reader/printers, etc. under the automation category. P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919733-4984 An Equal Opportunity Affirmative Action Employer 7 Please send your completed application to: Donald P. Holloway, Director, Land Records Management Program, P.O. Box 27687 Raleigh, North arolina 27611. The deadline for applications including all supporting documents is 12:00 noon, July 17, 1989. Please contact Mr. Holloway if you have any questions concerning the application or the Land Records Management Program. We look forward to receiving your application and assisting you in your land record activities. Sincerely, 11.jet 11111t::: Cobey, Jr. WWC/mfc • Enclosure: Grant Application Form E AGENDA ABSTRACT COVER SHEET Land Records Grant Abstract Title: L . Meeting Date: June 27, 1989 Attachments: Agenda.Applicaticr,,Resolution Agenda Deadline: June 13, 1989 Department Head Signature: .-'424-4- -- Today's Date: June 1 1989 Comment: Date In: Purchasing Date Out• Director Review Requested • 1_i Signature Copy Attorney Action: Sent to Attorney: 6-1-89 - OK as is Date OK with attached changes • Attorney -- Hold for more work Review Requested • " Signature/Date • • Comment: Date In: • Date Out: Finance - Director Review Requested Signature Comment: Date In: Date Out: 6 -A4-11 Ass't Manager 00-1.!• • /,-e1444A-e-/ bigna ure Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL,angenda abstracts and should be properly completed BEFORE the agenda deadline. 2) Attach the originals of your agenda abstract to this farm: If Attorney review needed,forward • copy of abstract and this cover sheet to attorney. • •- • • MANAGERS OFFICE REVIEW 1ST REVIEW • Abstract Approved on 1st Review• --- • • - •• - • • • • Revision Required Attorney Response Required - Comments: Revision Received Create copies for 2nd review 2ND REVIEW Approved (--� Revision Required • Comments: Review complete; ready for duplication • 2 BE IT RESOLVED by the Orange County Board of Commissioners, that it recognizes and appreciates the Land Records Management Program of the State Department of Natural Resources and Community Development and its assistance to counties through matching grants for the modernization of land records, and desires to participate in their grant program for the 1989-1990 fiscal year. it further agrees to abide by the agreements and contracts with the program that are mutually adopted. This the day of , 1989 . Signed Moses Carey Jr, Cb., ' Orange County Boa, d of Commissioners Norm Carolina Department Department of Natural STATE OFFICE USE ONLY Resources and Community Development -4 3 ' DATE RECEIVED: DATE EFFECTIVE: tt LAND RECORDS MANAGEMENT GRANT APPLICATION- 1 4 UNDER T is AUTHORITY OFCHA TEa109e.SESSiONUws,1977 DATE OFFERED: AMOUNT: AN ACTTO priovice i^SISTANCETO COUNnES Fame menovemENTOF1AND RECORDS I DATE ACCEPTED:. I tNSTRUCTIONS: Complete all items. Submit in duplicate to: N.C. Department of NRCD.Land Records Menagement Program P.O.Box 27687, Raleigh, N.G.27611 11,..,-®r-ii lioomiioii-*----•- THE BOARD OF COUNTY COMMISSIONERS OF: AREA CODE/PHOOE: Orange County (919) 732-8181 ADDRESS(street or box, city, town, zip code) P 0 Box 8181 , Hillsborough, NC 27278 , TOTAL GRANT REQUEST: TOTAL EST. PROJECT COST: PROJECT TYPE:(check all applicable) CI BASE MAPS 0PARCEL IDENTIFIER f 82,.500 $ 165,000 taCADASTRAL MAPS INAUTOMATED SYSTEM • .m,._ . W CERTIFICATION: The attached statements and exhibits are hereby mode port of this application and the undersigned representative of the applicant certifies that the information contained therein is true,correct, and complete to the best of his knowledge and belief. He Further certifies that: he has been authorized to file this application by formal action of the Board of County Commissioners of said county as is evidenced by the attached certified copy of authorization mode by the Board of County Commissioners; the applicant agrees that if a State Grant for the proleet is made pursuant to the Act to Provide Assistance to Counties for the Improvement of Land Records the applicant will arrange financing for all remaining costs of the approved project; the applicant will provide proper and efficient operation and maintenance of the opproVed project after completion thereof; and the applicant has substantially complied with or will substantially comply with all State and local laws, rules,regulations,and ordinances applicable to the project. . DATE: •ME OF R PRESENTATIVE: SIGNATURE: ) Roscoe E Reeve, LRM ` 6-1-89 • . 59." PROJECT DESCRIPTION (to be attached to application) This item shall briefly define the work to be accomplished ...th the assistance of the grant funds requested herein. Such work shall be as outlined in the applicant county's Long Range Plan far Modernization of Land Records broken down into convenient units or projects to be funded separately and in logical sequence, Projects should generally be schezuled :o be completed within 3 years or less. Describe the proposed project in terms of mon months, wer:r a-rents and rotated casts. indicate •-isete additional personae . :ansuit.nq Seca.,rt"S, and equipment purchases may be required. Office space one additional overhead expenses sbac.io be noted. Other details shot will further aeline the project should be included to assist the Deportment' in °-ing at a most fovoresle assessment cf the describe�rotec;- REQUIRED DOCUMENTATION(the following documents are required os port of application, explain briefly if they ore not attached) 1. Resolutions)of Board of County Commissioners providing required assurances and agreements. • 2. Long Range Plan for Modernization of Land Records(see Keys to Modernization of County Land Records). 3. Agreements with affected county officials. 4, Name and address of Land Records Manager, 5. Resolution establishing capital reserve fund(if applicable). . mot. GENERAL PROJECT INFORMATION „r 1. Enter number of parcels in county as of date of application: 7. Enter dote of next revaluation; I01 $ " , 3. Enter estimated project costs for appropriate project: s A. BASE MAPS • (1') AERIAL PHOTOGRAPHY (2) CARTOGRAPHIC BASE MAPS (3) ORTHOPHOTO BASE MAPS B. CADASTRAL MAPS .$ 103,000 C. STANDARDIZED SYSTEM OF PARCEL IDENTIFIERS D. AUTOMATION OF LAND RECORDS $ 62;000 TOTAL: L 165 ,000 (3i/84) . 4 FINANCIAL INFORMATION 11.Souree(s)`of funds: AMOUNT DATE AVAILABLE A. Funds to be made available by the applicant: CASH 82,500 S GENERAL OBLIGATION BONDS OTHER (specify) S $ 82,500 B. STATE GRANT REQUESTED S C. FEDERAL GRANT-.IN—AID TOTAL: FS 165,00,0 2. Nome sources on ()mounts of Federal grants and loans requested. Ind.ca:e sratus of e:zh request: 3, If band finoncinp is required for Project: A.DTES Hos bond issue been authorized by governing body.' If yes, give cmount G core:. ONO If no, explain: B.DYES Is referendum required to approve bond authorization? ONO 1. OYES Has referendum been held? If yes, give results and dote- JPASSJFAIL ONO If no,explain plans and proposed referendum date: 5 6 5. Estimate debt service tax increase caused by project: . 4.Most recent official total tax rote; S per 5100 assessed value S per 5100 assessed value 7.Total appraised property valuation: 6. Outstanding bonded debt excluding bonds for this project: $ s 3,393,057 ,275 B. Proposed project of S ,when added to existing indebtedness, does exceed present debt limit provisions of the general laws of the State. Explains • - 5 COUNTY of OR4NQE CENTRAL LAND RECORDS OFFICE Roscoe E. Reeve Patricia B. Smith Manager Mapping Supervisor PROJECT DESCRIPTION: The funds budgeted for this year (1989-90) will be used to complete the digital (cadastral) mapping in Phase IV, of Orange County' s long range plan, being the remaining parts of Chapel Hill Township. It will also fund the beginning of Phase V, the final phase of the remapping project, which is the digital mapping of the remaining townships . 1 This year will begin the GIS phase of the modernization of Orange County' s land records by automated processes . It will include the purchase of a engineering workstation, and various peripherals . The mapping project is scheduled to deliver a tape of digital data for Chapel Hill Township in November of 1989 . The remaining townships may take an additional two years to be delivered. NAME & ADDRESS OF LAND RECORDS MANAGER: Roscoe E Reeve Orange Land Records Office P0 Box 8181 . (208 S Cameron St) . Hillsborough, NC 27278 (919) 732-8181 Ext 547 LONG-RANGE PLAN: On file with Land Records Management Program Office BOARD OF COUNTY COMMISSIONER'S RESOLUTION: To Be Sent in Separate Filing. . . P 0 Box 8181 208 South Cameron Street • Hillsborough, North Carolina 27278 Telephones: 919 732-8181 • 919 967-9251 • 919 688-7331 • 919 227-2031 --. . .. ...- . -.. . AK 2 6 MI ......„,„,,,,,-...... *.z.;.,.. •-_.. • ...t. ,-„,, -t--L ,7,: -' .. • :,-.:•).,...., ..,.. . , ...... :0'1.v. 6 '''= .•'7---.. ..:;.,--- .-....:„.......- State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey,Jr., Secretary April 25, 1989 - . c-- :--- Mr. John M. Link, Jr. :-- _ Orange County Manager .:. ...... 109 Court Street' _ rri Hillsborough., North Carolina 27278 ,--, — C7 - Dear Mr. Link: Orange County is invited to make application this year for a State Matching Grant under the provisions of the North Carolina Land Records Management Program (LRIVEP). We anticipate having $525,000 for the coming FY 1989-90 and will award grants on a 50150 matching basis to those counties whose applications qualify according to North Carolina G.S. 102-15, 16, and 17. A copy of the grant application form is attached. If your county has not applied. for a LRMP grant in the past, Chapter 8, of "Keys to the Modernization of County Land. Records" can serve as a guideline in the preparation of your application. This document is available upon request. Two other documents concerning land records activities are also available on request: "Technical Specifications for Base, Carlastral and Digital Maps" and "Uses of Large Scale Maps." For those counties who have previously submitted applications for grant funds, we request that any changes to the long range plan and the project description of what is to be accomplished ....-- during FY 89-90 be submitted with the application form. . According to law, we can award grants only for.the development of (1) base maps, (2) cadastral or "property" maps, (3) a system of . parcel identifier numbers, and/or (4) an automated system for land records. Because of the limited funds available, we will not be able to approve grants for central computers. 'We will consider, however, grants for such auxiliary equipment as digitizers, plotters, reader/printers, etc. under the automation category. . PD.Box 276E17,Raleigh,North Carolina 27611.7687 Telephone 919-733-4984 An Equal Opporrunity Affirmative Action Employer • - 7 Please send your completed application to: Donald P. Holloway, Director, Land Records Management Program, P.O. Box 27687 Raleigh, North Carolina 27611. The deadline for applications inclu(iing all supporting documents is 12:00 noon, July 17, 1989. Please contact Mr. Holloway if you have any questions concerning the application or the Land Records Management Program. We look forward to receiving your application and assisting you in your land record activities. Sincerely, *ifi&i 17. Cobey, Jr. WINC/mfc - • • Enclosure: Grant Application Form • • • • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-14 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: Certification of Drug-Free Workplace DEPARTMENT: • • PUBLIC HEARING: Yes No X Personnel ATTACHMENT(S) : INFORMATION CONTACT: (l) Certification •Ae Turner (2) Drug-Free Workplace Act of 1988 and Jerry Passmore TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 . PURPOSE: To consider signing of certification statement regarding Drug-free Workplace. BACKGROUND: Part of the omnibus drug legislation enacted November 18, 1988 is the Drug Free. Workplace Act of 1988 (Pub.L. 100-690, Title V, Subtitle D) . This statue requires contractors and grantees of . Federal agencies to certify that they will •rovide dru.-free work.laces. Makin. the required certification is a precondition of receiving a contract or grant from a Federal agency beginning on March 18 , 1989. It directs that grantees take steps to provide a drug-free workplace in accordance with the Act. (review Attach Act) . RECOMMENDATION(S) : Approve and sign the attached Certification with the understanding that it is the County's full intention to develop a policy by September 1, 1989 via input from a Drug Free Workplace Task Force. 2 CERTIFICATION REGARDING DRUG-FREE WORKPLACE RBQOIRSMENTB . This certification is required by regulations published in the Federal Register on January 31. 1989. covering governmeatwide implementation of the Drug-Free Workplace Act of 1988 (Pub. L. 100•690, Title V. Subtitle D). a part of the omnibus drug legislation enacted on November 18. 1988. This statute requires grantees of Federal agencies to certify that they will provide drug-free workplace.. Making this required certification is a precondition of receiving a grant from ACTION beginning on March 18. 1989. 7astrgctions let Certification' 1. By signing and submitting this certification, the applicant is providing the certification set out below. • 2. The certification set out below is a material representation of fact upon which reliance was placed when ACTION determined to award the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act. ACTION, in addition to any other remedies available to the Federal Government. may take action authorized under the Drug-free Workplace Act. etrtifiq}tio% Recording Druc-Dreg Workplace Rgeruiremeatg A. The grantee certifies that it will provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution. dispensing, possession or use of a controlled substance is prohibited in the grantees workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about-- a. The dangers of drug abuse in the workplace: b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation. and employee assistance programs: and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; • 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will a. Abide by the terms of the statement; and b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five • days after such conviction: 5. Notifying the ACTION Grants Officer within ten days after receiving notice under subparagraph 4.b., from as employee or otherwise receiving actual notice of such conviction: 6. Taking one of the following actions, within 30 day■ of receiving notice under subparagraph 4.b.. with respect to any employee who is so convicted-- a. Taking appropriate personnel action against such an employee, up to and including termination; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal. State. or local health, law enforcement, or other appropriate agency; 7. Making • good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1 through 6. • ACT=ON Form A-1452 (2:69) - ESS=ENIMON • B . The grantee shall insert in the space provided below the site (s) for the performance of work done in connection with the specific grant; Place of Performance (Street address , city, county, state, zip code) • • • • Typed or Printed Name And Title Of Authorized Applicant Representative (A copy of the governing body' s authorization for You I to sign this certification as official representative must be on 4i' ei in the applicant' s office . ) '66 / 4i ' I Signature Date • 1 • • • • . . - 4 ,- • - ;,-.•-• _. , ,•"•:••::,Lr.;;I• le-- ---...•-•,:. .:94::- :-..-•,..• •t:',-,---.•:«x•r.:-!V•.:Ars:' P1. 100-690 LAWS OF 100th CONG.-2nd SESS. Nov. 18 N( -3F.A:v-•:' . -4;- Sec- 5144 •.'.. .,r,"-';11-ii--3------ •- -,..,..".•..-12, ..„1 1ir. the enactment of this Act by a national training unit established by .•t:- .,. , . the Secretary. SEC SIM DEFINITIONS. .,-, ''•:i...^,, ,,,.. t i . For purposes of this chapter j7 ; (1)CONTROLLED SUBSTANCE.—The term"controlled substance" --,,,•,i1c, -Qv," . has the meaning given such term in section 102 of the Con- ..,,, ,...,,,,.7.7 -,, ';•- trolled Substances Act(21 U.S.C.802). ' iv7-.',,,,•,. .,,e,„1.1.7.' (2)SECRETARY.—The term"Secretary"means the Secretary of Housing and Urban Development. .,-,- 4.4... .4*--,•4:'.....- . ,, .t....--74:-.1.-75 _.•::1;:-;'.... ...-!,..,......z,:-....4.,,,...,:p_.•-.4.7r....ip'-!... SEC.5146.REGULATIONS.than Not later an 6 months after the date of the enactment of this •.--...1..7-14. ;', .• - Act,the Secretary shall issue any relations necessary to carry out -.7TF-•-•------E.v.-- ,.• this chapter. , 1.,t.r...;44•7222.1(;* Y'''';'2010.k.'•,..7.--v, •,,rvr.4.t. .......1.4:.....,.....-L7,,-. Subtitle D—Drug-Free Workplace Act of 1988 .44,...q.,4-.•,:i...1;:...-i,-...,A*:-, . . 0■--,?4,'—_,.17.47.:: '' . SEC 5151.SHORT TITLE. try.IW:;f:.;;:;:i.:;:'.it?*:-■'.,- This subtitle may be cited as the "Drug-Free Workplace Act of TC -•.1-4:i---. ..'.4---,..''T -..-.1,7.1 ....-...'",.','.!..., 1988". • ...-,,,r7,-*Yr.?-t•••:--;-...,;;-.- m '1-'21' -1••"•-•• SEC 5152. DRUG.FREE WORKPLACE REQUIREMENTS FOR FEDERAL ..t CONTRACTOftS. • ''.1•-•1:,:l.,:Z.:.- 't.'-' .--t (a)DRUG-FREE WORKPLACE REQUIREMENT.— (1) REQUIREMENT FOR PERSONS OTHER THAN INDIVIDUALS.—No person, other than an ir.dividual, shall be considered a respon- sible source, under the meaning of such term as defined in ' section 4(8)of the Office of Federal Procurement Policy Act (41 -..., ,:•••4.'77....;.-7* ''''''-_, U.S.C. 403(8)), for the purposes of being awarded a contract for ..._ '• - ',..-7. . - .......' the procurement of any property or services of a value of .., •=••-•- '-' £25,000 or more from any Federal agency unless such person . ..,,--,..: •-c--1.!-_.=::---:- has certified to the contracting agency that it will provide a I .7...44 T:4 c-*-• -,.:-!-- —., drug-free workplace by-- • ...-....-....... ,. -_- (A) publishing a statement notifying employees that the "-.-.....„ -,.........--..- - „,•-•:.. ' unlawful manufacture, distribution, dispensation, posses- sion. or use of a controlled substance is prohibited in the _*r*.;•:. •.;.,--••• person's workplace and specifying the actions that will be r-4-r:-:*.:.•=t":4'1.-2'7-!-.,--•-: taken against employees for violations of such prohibition; s E.:,-i-:.,e,-,--:-.--i----=:* • • ---,-,...,-,..:, -,• -•-..7.-•._- ---:•!...1-• .* (B)establishing a drug-free awareness program to inform ,...,-;-:- • :..---.;7-4.-,---_,-:- . employees about- - .7-•-•*--...-:.-,. .."....1,-.--,---,..,.. (i)the dangers of drug abuse in the workplace; .7.--.,•-,77----,...--.:::•:-,..i...;-•:,-• (u) the person's policy of maintaining a drug-free :-.:-::'•zt2.1.-----577.-..:7.-: -. ' • .41_.:.,...'.---1-,.:----- .7 workplace; .,-..-v-R-.;:•4.-:::,k-N-.:.,,,-,.., - (iii) any available drug counseling, rehabilitation, **,„,q..-•::744 :4.1j-----..,:4" -g,-,...::::..;-,...;:k•-•-•::,t-„,.--- • and employee assistance programs;and -----,,--77.--::17- -..- r • • (iv) the penalties that may be imposed upon employ- -••",••••-t:_.,-,-,,,„-t:,,,•-i ••••• ,•:', ..-ii..,..,p,i,-t•••..- • ees for drug abuse violations; ?.. ...,-.:-..f... -1 evr:• _ --,-.- -_ :,77,7..;......;r... (C) making it a requirement that each employee to be -.&%,tr'i----sal,,-.t.t.,.., engaged in the performance of such contract be given a ••-",..........,..,. /....•-"Z'r: - ''.-17. '2.1%-.-:14:tf. copy of the statement required by subparagraph(A); (DI notifying the employee in the statement required by -,-i.,....4".. ..7,-.7.---• subparagraph (A), that as a condition of employment on :4:•,:,--,-=-z-':,..,:-?.-• - such contract,the employee will— ''.."- -,•;-0:11 -'1"_ " (i)abide by the terms of the statement;and -f•--... --,-•-....;-•&:.',.. t•:-... 4,...•-•:_t:-...:-.:•:,.7.1----_--;:-,.:1t, -,.-:-.t.,....„-zt•-•-...-,..-,...--.,..-A• 102 STAT. 4304 re.E-i'.1',..3.0V.:Irl-,;:"..:•..,--.,.• •1*-1--‘-......•17.*'•••,. 4.-, - '''...1.-..S.Z......-..-4.4.0-44-17.'e••• -..-4.--:(.t7:-47-4.7*- -:;■.f..7." ._ ..,..,,t.:_-,-..t7.--,''.--:-4•*----',. * . . 1 ,'.-.---.:.z.;j,...f...,:•I' i'zfe.--..-.. r.-...5.,-:`.1.4=-.'.7:775.,:-.--.7.M-., ..'zi....'-:;;.-:-.•-;;;: -.--... .-.Z-:='; ...-',_.',--z:17'-- "..::::-.=t-tr.77.-:.:2:zz i-''.:--..,„,"-='..i..,--: ',.--.-.i-;... .-- ...._,--4:..:- --;...,..;.';,4:::::.1:.''.:-..,',..;.'-------'":.:.-!.. '.. :- - . , -..!,- --.,:---.'"..cler. rair;.:41;f.!,;tti.-- .-,..-,....---174,,:-....v.:-:,...-f",...7_,Z,,....-?:,,,z,..,_._,...*. ....,..7,=,--4,-. . algri.4. •..,,,,ijurgbi.e..:,izi ,..4..re:eki;-_. -- ---- r -.--..-...1 ."'"••• CION"cfr mr- .. --.1....- ... . „ 0 • ,...rw.,, ,.st -''''*. "-..' *-''''."4"'"L''.4"4.".. -..• 4;-"--'."'-' -- "RW42-"-.:, •. -,Ae:,..,:.‘17r„t.';,,.7:4V.-4-,.....k,..11- r._. 1..4-$1 -7 -1-...,..A.4-.7,*6-.._,..,..-- ?"._,...-74--.A •',fra.,3,:u414-4r-J54--"=01.1",-.1:1 , .•. .. ,,,,.t2-,..,-:-... ....r.... ,.....--=.,-.-_:.-y,-... -r-,-.r-- - r.g.f.t;r4f..1.*,gt,:-V-4-.01 ,-0. ..-.s0"'"c:7."- *":".!;,.-..."-'-','•- 2.- ',‘ - --"-••......St..4.,. ..-rt-: i„,,t1.Est.1.;yrittl.e"f4,..-:-.•;""' -i'^*;'.. - --el tu.:—^.4-4i-• ',.=.41F'4t.--'. 74■2:-.14^•^1. ••■einvA.*:F.47--.--;----:-.1“..-tp 'reAVIVI.-V.,....... tv4.41i; . "..4 -:-..m`7"9.="'-z;"-:rt-'-::13,1: ..,': .,!--,ar:,-.4....-;-—,..1 t:st'••••";— " "-ot.•- .'. .....,'"--.tr..-..." ' ;•,......,....?..-.....;:;;.........:.:::. '.'''''?.•"1.,'■••`,'':a",..e*At.4. "ii'...r. : t,I. •:.•... .f.:•-•rtr t.i.jr.•A-"e,•.".t.•-.t .•....„:, t x , .•�� - -.. .SS. Nov. 18 Nov. 18 ANTI-DRUG ABUSE AC P.L. 100..690 ` ' ` T` ' 'i Sec. 5152 s-;---.5:- snit established by F Y (ii) notify the employer of any criminal drug statute I 1.}-'_- conviction for a violation occurring in the workplace no • ;t later than 5 days after such conviction; : (E)notifying the contracting agency within 10 days after •i :trolled substance" receiving notice under subparagraph (Dxii) from an employee or otherwise receiving actual notice of such l n 102 of the Con- conviction; = , (F) imposing a sanction on, or requiring the satisfactory ns the Secretary of participation in a drug abuse assistance or rehabilitation program by,any employee who is so convicted,as required # `s by section 5154;and (G) making a good faith effort to continue to maintain a enactment of this drug-free workplace through implementation of subpara- - ii : !wary to carry out graphs(A),(B),(C),(D),(E),and(F). i , •;ri (2) REQUIREMENT FOR INDIVIDUAiB.—No Federal agency shall i '''7'".:r. - enter into a contract with an individual unless such contract includes a certification by the individual that the individual will .• ; f P.L. 100-690 .LAWS OF 100th CONG.-2nd SESS Nov. 18 Nov See. 5152 _` participation in any future procurement by any F Y for a period specified the Y Y ederalagency, �a pecified in t e decision, not to exceed 5 years. a SEC. 5153. DRUG-FREE WORKPLACE REQUIREMENTS FOR FEDERAL GRANT RECIPIENTS. (a)DRUG-FREE WORKPLACE REQUIREMENT.— (1)PERSONS OTHER THAN INDIVIDUALS.—No an individual, shall receive a person,other agency unless such person has certified to the granting any Federalag that will provide a drug-free workplace by-- Wanting agency that it (A) publishing a statement notifying unlawful manufacture, distribution, employees that the sion, or use of a controlled substance is dispensation,prohibited pos• ses- sion, workplace and specifying the actions that will be taken against employees for violations of such prohibition; (B)establishing a drug-free awareness program to inform employees about-- (1)the dangers of drug abuse. tie) the grantees 1 in the workplace; workplace; policy of maintaining a drug-free • (iii) any available drug counseling, and employee assistance programs; rehabilitation, (iv) the p breams;an penalties that may be imposed -- (Cployees for drug abuse violations; upon ern_ eking it a requirement that each employee to be • engaged in the performance of such grant be the statemen►. given a copy of (D) notifying by subparagraph(A); - Ong the employee m the statement required by SEC.: subparagraph (A), that as a condition of employment in ``i such grant,the employee will notic (i)abide by the terms of the statement;and 5152t (ii)notify the employer of any criminal drug statute L conviction for a violation occurring in the workplace n later than 5 days after such conviction; o (E) notifying the granting agency within 10 days after d receiving notice of a conviction under subparagraph (D)(ii) from an employee or.otherwise s such conviction; receiving actual notice of r. (F) imposing a sanction on, or requiring the satisfactory SEC.5 participation in a drug abuse assistance or rehabilitation (a) program by, any employee who is so convicted, as required by section 5154;and king a good faith suspe (G) making head ith effort to continue to maintain a drug-free workplace through graphs(A),(B),(C),(D),(E),a and Fplementation of subpara- °' (2) INDn DUALS--No Federal agency shall make a it - any individual unless such individual certifies to the grant s a` a condition of such grant that the individual will not engage in si the unlawful manufacture, distribution, dispensation, in a sion,or use of a controlled substance in conducting activity O. with such grant. a)gl (b)SUSPENSION, TERMINATION, OR DEBARMENT OF THE GRANTEE.--- tF (1) GROUNDS FOR SUSPENSION, TERMINATION,OR DEBARMENT. ru Each grant awarded by a Federal agency shall be subject to suspension of payments under the grant or termination of the n. grant, or both, and the w suspension or debarment, in accordance thereunder shall thel requirements debar. 102 STAT. 4306 i -r,v '�'.,..• -. -_ - -...Why' — '''F, t• ^' .- — - ' -'—•.i. _•' 4 � � 4 .ra- _;;;P:•.:...'..•••.•-:,.."_:N r t �I�S-C 'u, � tti � •r- .r .z •r �`' , ,$°�tF` 1.0._:. J h �._, o t, , i ` • fT 1 i- -Znd SESS. Nov. 18 Nov. 18 � ANTI-DRUG ABUSE ACT P.L. 100-690 _ ent by any Federal Sec. 5155 in, not to exceed ; of this section if the agency head of the Y official designee granting agency or his • iIRE1iENT5 FOR FEDERAL wiles detel:niries, 'in writing,that •(A) the grantee has made a false certification under . :i subsection(a); :l i carry the grantee violates such certification by failing to LS.—No person,other than (E),(F),or(0)orequirements ubseon(aXsubparagraph(A),(B),(C),(D), ► from any Federal agency (C) such a number of employees of such grantee have , he granting agency that it . — been convicted of violations of criminal drug statutes for i .i tifying employees that the violations occurring in the workplace as to indicate that the dispensation grantee has failed to make a good faith effort to provide a tion, dance is prohibited In the drug-free workplace as required by subsection(aXl). nations the s actions p h et will be (2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT aans of such prohibition; PROCEEDINGS.-A suspension of payments, termination, or arsons program o inform suspension or debarment proceeding subject to this subsection shall be conducted in accordance with applicable law, including ;e in the workplace; Executive Order 12549 or any superseding Executive order and any regulations promulgated to Implement such law or Execu- f maintaining a drug-free tive order. :ourseling, rehabilitation, (3) EFFECT OF DEBARMENT.-•••Upon issuance of any final deci- f ours and sion under this subsection requiring debarment of a ay be imposed upon em- such grantee shall be ineligible for award of any grantee, C ons; Federal agency and for participation Y grant from any any Federal agency for�1Cod pen ie any the der grant not to F that each employee to be cY period specified in the decision, not to t'•ch grant be given a copy of exceed 5 years. agraph(A); - SEC.5151.EMPLOYEE SANCTIONS AND REMEDIES. } :he statement required by _ Idition of employment in A grantee or contractor shall, within 30 days after receiving t r. notice from. an employee of a conviction pursu.:rt to section • statement;and 5152(aX1XDXii)or 5153(aX1XDXii}- Vii, any criminal drug statute (1) take appropriate personnel action against such employee �. - a any criminal in the workplace g statute no up to and including termination;or n-r naton; require such employee to satisfactorily participate in a *:.. . ncy within 10 days after drug abuse assistance or rehabilitation program approved i'':�" nder subparagraph (DXii) such purposes by a Federal,State,or local health, law enforce- •eceiving actual notice of meat,or other appropriate agency. SEC.5155.WAIVER. •-equiring the satisfactory (a) IN GENERAL--A termination, suspension of -. istance or rehabilitation t>e payments, or so cote orer rehabilitation iii required suspension or debarment under this subtitle may be waived by the - head of an agency with res )'' pert to a particular contract or grant if- ;• D continue to maintain a (1)in the case of a waiver with respect to a contract,the head lamentation of maintain of the agency determines under section 5I52(bXl), after the issuance of a final determination under such section, that I y shall make a grant to suspension of payments, or termination of the contract, or y shall to the agency to suspension or debarment of the contractor,or refusal to permit :ertifies will not agency as a person to be treated as a responsible source for a contract, as • the case may be, would severely disrupt.the operation of such Sri, dispensation, posses- t conducting any activity ggnery to the detriment of the Federal Government or the general public;or ;n SENT OF THE GRANTEE.— (2)in the case of a waiver with respect to a grant,the head of (ENT OR DEBARMENT.— the agency determines that suspension of payments, termi- '-ncy shall be subject to nation of the grant, or suspension or debarment of the grantee �t or shall be subject ec of the would not be in the public interest. it or shall be ion oft a ()) EXCLUSIVE AUTHORITY.--The authority of the head of an with the requirements agency under this section to waive a termination, suspension, or I debarment shall not be delegated. ? 102 STAT. 4307 `. rs s i ;�.iC+F tr:'..- •fir it...1 a- ? ..- s.... 2 �r A-:,. .�=�. `::. 4 4 _ _ . .:b '' ! .I-T- P.L. 100-690 LAWS OF 100th CONG.2nd SESS. Nov. 18 See. 5156 Ive SEC.5156.REGULATIONS. • F Not later than 90 days after the date of enactment of this subtitle, S. 21. the governmentwide regulations governing actions under this sub- title shall be issued pursuant to the Office of Federal Procurement Policy Act(41 U.S.C.401 et seq.). SEC.5157.DEFINITIONS. SE For purposes of this subtitle— (1) the term "drug-free workplace" means a site far the performance of work done in connection with a specc grant or Cc contract described in section 5152 or 5153 of an entity at which employees of such entity are prohibited from engaging in the unlawful Manufacture,distribution,dispensation,possession,or use of a controlled substance in accordance with the require- ' -• . ments of this Act; (2) the term "employee" means the employee of a grantee or contractor directly engaged in the performance of work pursu- ant to the provisions of the grant or contract described in section 5152 or 5153; SE (3) the term "controlled substance" means a controlled sub- stance in schedules I through V of section 202 of the Controlled Substances Act(21 U.S.C.8121; • • (4)the term"conviction"means a finding of guilt(including a • plea of nolo contendere)or imposition of sentence, or both, by _ any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; (5)the term"criminal drug statute"means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance; i _ other the ni term a"grantee" means the department, division, or • person responsible for the performance under • the grant; (7)the term "contractor" means the department,division, or other unit of a person responsible for the performance under the contract;and (8)the term "Federal agency" means an agency as that term is defined in section 552(1)of title 5,United States Code. SEC.5158.CONSTRUCTION OF SUBTITLE. Nothing in this subtitle shall be construed to require law enforce- . • • ' ment agencies, if the head of the agency determines it would be inappropriate in connection with the agency's undercover oper- ations,to comply with the provisions of this subtitle. SEC 5159.REPEAL OF LIMITATION ON USE OF FUNDS. Section 628 of Public Law 100440(relating to restrictions on the use of certain appropriated amounts)is amended- (i)by striking"(a)"after"SEC.628.";and (2)by striking subsection(b). SEC 5160.EFFECTIVE DATE. Sections 5152 and 5153 shall be effective 120 days after the date of the enactment of this subtitle. 102 STAT. 4308 ' • • Z.��`'" � �` _ - - ,gam,. •� � ` - _ -• — �� �� � .- ... n" pit- iv_� ., +��N '•�''�i rvy.,�L . 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F.4r7 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: Contracts; Consent to sign Insurance DEPARTMENT: Personnel - PUBLIC HEARING: Yes x No ATTACHMENT(5) : Yes INFORMATION CONTACT: Addle Turner ext 515 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031. Durham - 688-7331. PURPOSE: To assign a representative of the County the authority to sign Health Insurance Contracts. BACKGROUND: Each year the County is presented with a renewal contract for health insurance coverage. The following Health Insurance contracts are due to be renewed effective July 1, 1989: INSURANCE COMPANY DATES OF CONTRACT Carolina Physician's Health Plan 07/01/89 - 12/31/89 Blue Cross and Blue Shield of N.C. 07/01/89 - 12/31/89 RECOMENDATION(S): It is recommended that the Personnel Director be given the authority to sign Insurance contracts with Carolina Physician's Health Plan and Blue Cross and Blue Shield Health Plan for the period July 1, 1989 through December 31, 1989. 2 CAROLINA PHYSICIANS' HEALTH PLAN, INC. (Hereinafter called "Plan") 4020 WestChase Blvd., Suite 450 Raleigh, NC 27607 EMPLOYER GROUP CONTRACT (Hereinafter called the "Contract") WITH Orange County Local Government (Name of the "Enrolling Unit") 109 Court Street Hillsborough, NC 27278 CONTRACT NUMBER 11789 BENEFIT PACKAGE 10/0 Health Plan $5/25% Prescription Drug The Per Month Health Services Fees computed for the Health Plan are as follows: SINGLE $ 89.00 EMPLOYEE + SPOUSE $ 187.00 EMPLOYEE + CHILDREN $ 169.00 FAMILY $ 266.00 TERM: July 1, 1989 (the "Effective Date") to December 31, 1989 Enrolling Unit: Carolina Physicians' Health Plan, Inc. By: By: (x) (x) Name: Keith G. Benoit Title: Chief Financial Officer Date: Date: 3 CAROLINA PHYSICIANS' HEALTH PLAN EMPLOYER GROUP APPLICATION Application is hereby made to CPHP for enrollment of eligible members of the Group: Group: Orange County Local Government Address 109 Court St. Hillsborough NC 27278 (Street or P. O. Box) (City) (State) (Zip) • Billing Address: (Street or P. 0. Box) (city) (State) (Zip) Type of Ownership: Corporation ( ) Partnership ( ) Proprietorship ( ) Municipality (X) Association ( ) Other ( ) Nature of Business: Government Desired Effective Date: 7/1/89 1. CLASSIFICATION OF PERSONS COVERED: It is agreed that applications will be 'submitted for only the following classification of persons, subject to the Special Remarks, if any, set forth in the Item 1: (check one) (A) Active, full-time employed persons on Group's payroll (X) (or) (B) Members of the Group's organization (or its affiliates) ( ) Special Remarks: 2. STIPULATIONS FOR COVERAGE: New Hire Eligibility Provisions: Same as traditional plan New Hire Pre-existing Condition Provisions: Same as traditional plan. Termination Provisions: Same as traditional plan 3. CONTRACT DATES: Initial Open Enrollment (Eligibility) Period: Desired Effective Date: 7/1/89 First Renewal Date: 1/1/90 If this contract will replace any existing group insurance plan, name the carrier and date coverage terminates: 4 4 4. TYPE OF COVERAGE DESIRED: (Please Check One): 5/0 ( ) 10/0 (X) 5/50 ( ) 10/100 ( ) 5. OPTIONAL RIDERS DESIRED: A) $5/25% Prescription Drug (X) Yes ( ) No B) 50%/50% Prescription Drug ( ) Yes (X) No 6. INITIAL PREMIUM RATE INFORMATION: • (Employee = Subscriber) Monthly Premiums A) Single Subscriber 89.00 B) Subscriber Plus Spouse $ 187.00 C) Subscriber Plus Children $ 169.00 D) Family $ 266.00 The Group hereby requests coverage for eligible members of the Group and hereby allows CPHP to solicit to and enroll such eligible members. Should CPHP enroll such eligible members, the Group hereby agrees to execute a Employer Group Contract with CPHP which includes the Type of Coverage, Optional Riders and Initial Premium Rates listed above. Group agrees to return signed Group Contract thirty days prior to the effective date. Other Remarks: • APPLICANT: APPROVED BY: (Signature) (Date) (Signature) (Date) Keith G. Benoit (Type of Print Name & Title) Chief Financial Officer (Group Name & Number) • 4 • • . - 5 Employer Group Contract CAROLINA PHYSICIANS' HEALTH PLAN, INC. FOR: Orange County Local Government CONTRACT NUMBER 11789 MONTHLY PREMIUMS • SINGLE $ 89.00 EMPLOYEE + SPOUSE • $ 187.00 EMPLOYEE + CHILDREN $ 169.00 FAMILY $ 266.00 BENEFIT PACKAGE 10/0 Plan $5/25% Prescription Dru9 EFFECTIVE DATE: July 1, 1989 to December 31, 1989 OFFERED BY: Carolina Physicians' Health Plan, Inc. 4020 WestChase Blvd., Suite 450 Raleigh, NC 27607 (919) 833-8000 or 1-800-648-3445 Certified by THE STATE OF NORTH CAROLINA cPHP10/0 6 TABLE OF CONTENTS SECTION PAGE I. INTRODUCTION 3 II. DEFINITIONS 5 III. ELIGIBILITY ENROLLMENT AND CONDITIONS OF COVERAGE 12 IV. HEALTH SERVICES COVERED BY THE PLAN 17 V. LIMITATIONS OF COVERAGE 24 VI. REIMBURSEMENT OF ELIGIBLE EXPENSES FOR TREATMENT 27 BY NON--PARTICIPATING PROVIDERS VII. EXCLUSIONS 29 VIII. TERMINATION OF COVERAGE 34 IX. CONVERSION PRIVILEGE 38 X. COORDINATION OF BENEFITS 41 XI. GRIEVANCE PROCEDURES 45 XII. RELATIONSHIP BETWEEN PARTIES 47 XIII. CONTRACT PROVISIONS 48 XIV. GENERAL PROVISIONS 52 4 7 SECTION I INTRODUCTION Carolina Physicians' Health Plan, Inc. (hereinafter referred to as "the Plan") hereby agrees with the Policyholder to provide the Health Services set forth herein to Members, subject to the exclusions, limitations, conditions and other terms of this Contract. This Contract is made in consideration of the Group's Application and payment of the required Premium on behalf of the group employees, Members, and Dependents Covered by this Contract. This Contract shall take effect as specified in the Application and will be continued in force by the timely payments of the required Premium Charges when due, subject to termination of this Contract as provided herein. All Coverage under this Contract shall begin and end at 12:00 A.M., Eastern Standard Time. A Member Covered by this Contract may not assign any of the benefits of this Contract to any person, corporation, or association except as provided herein. Any attempt to make such an assignment shall be void and may result, at the Plan's option, in the termination of the Member's Coverage. This contract is delivered in and governed by the laws of the state of North Carolina. This Contract shall be controlling in case of any dispute or question concerning the Coverage or rules of eligibility, enrollment, and participation in the Plan set forth in the Certificate issued to Members. 3 8 This Contact may not be modified, amended, or changed in any manner whatsoever, except in writing, signed by the President or Chief Executive Officer of the Plan. No employee, agent, or other person is authorized to interpret, amend, modify, or otherwise change this Contract in such a manner as to expand the scope of coverage or the conditions of eligibility, enrollment, or participation in the Plan unless in writing and signed by the President or Chief Executive Officer of the Plan. 4 9 SECTION II DEFINITIONS Accidental Injury means an unforeseen and unintended injury. Application Form means the form completed by an applicant requesting Coverage from the Plan and listing all Family Dependents to be Covered on the date such Coverage takes effect. Benefits means health services covered by the Plan. Board of.Directors means the governing body comprised of participating physicians which manages the business and affairs of the Plan. Certificate means the Membership Certificate issued to a Subscriber summarizing the terms, conditions, and limitations of the Plan's Coverage. Change of Member Status means the occurrence of a Qualifying Event or any material change in the information contained in the relevant Application Form or otherwise contained in the member's enrollment record. Change of Member Status Form means the form provided by the Plan to the Group for distribution to Members who wish to change the following: Level of Coverage or Contract type; Personal Physician; addition or deletion of Family Dependents; information contained in their enrollment record (i.e. , name, address, etc.) . Claim Form means the Form provided by the Plan utilized for the processing of claims for Health Services. 10 Continuation Coverage means that Plan Coverage that may be available to a Member upon the occurrence of a "qualifying event" (as defined in the Consolidated Omnibus Budget Reconciliation Act (P.L. 99-272) . If available and depending on the qualifying event, Continuation Coverage may be elected for 18 to 36 months and during such period, an eligible person who elects such Coverage shall continue to be a Member of the Group for purposes of this Master Group Contract. Contract Year means the Effective Term of the Group Contract as stated on page one of this Contract. Copayment means a charge expressed as a percentage or fixed dollar amount, in addition to the premium, which the member is required to pay for certain Health Services provided under this Contract. The Member is responsible for the payment of any Copayment directly to the Participating Physician or Participating Provider when Health Services are received. Coverage or Covered means the Health Services paid for by this Contract. Crisis Intervention and Evaluation means those Health Services that are Medically Necessary to provide immediate treatment of acute Mental Health Conditions on a short-term basis, and to provide appropriate referral for longer term Mental Health treatment. Direct Payment Agreement means a Contract issued by the Plan directly to a Member, which requires the Member to pay the premium either directly to the Plan or an indemnity carrier designated by the Plan for that Contract. 6 11 Disabled means in the case of an adult Member, an injury or illness when the adult Member is wholly unable to perform the usual tasks required of his/her employment at the time of the onset of said injury or illness and which makes such person incapable to perform tasks of any employment for which said Member is fitted by reason of age, education, training, general physical and mental capacity, and previous employment experience. A Family Dependent the age of 19 or over is considered Disabled when, by reason of injury of illness, he/she is wholly unable to engage in the normal activities of a person of the same sex and age. Effective Date means the date from which Members are entitled to receive Health Services from the Plan. Eligible Expenses means the reasonable fees for Health Services Covered under this Contract. Eligibility Period means a thirty (30) day period during which only newly hired employees or other potential members who become eligible because of a Change of Status, can apply for coverage. This eligibility period begins on the date of hire for newly hired employees and begins on the date the actual Change of Status (ie. , date of birth, date of marriage, etc. ) occurred. Emergency means a sudden, unexpected onset of acute sickness or Accidental Injury, of such a nature that the life of the Member could be threatened or permanent disability would result without immediate medical attention. The Member is required to contact his or her Personal Physician before seeking treatment except in an Emergency situation. Any physician or Hospital may provide Emergency care to Members. 7 . _ 12 Experimental or Unproven Health Services means those medical, surgical, psychiatric procedures or treatments and/or pharmacological products and/or regimes, and associated Health Services not accepted by the Plan's Utilization Review Committee, taking into consideration the decisions of the American Medical Association, the Food and Drug Administration, and other medical/professional groups and associations; including, but not limited to Sex Change Operations, Gastric Jejunal Bypass (for purpose of morbid obesity), Silastic Implants, Holiopathic and/or Megavitamin Therapy. Family Dependent means a person who meets all applicable eligibility requirements of Section III of this Contract, who is enrolled hereunder, and for whom the monthly prepayment has been received by the Plan. Group means the employer, union, or association which holds the Master Group Contract with the Plan. Group Benefit Plan means any indemnity health insurance plan such as Blue Cross, Blue Shield, or other group health plan that is offered by a group and covers Subscriber and/or Family Dependents as part of the group. Health Services means services and supplies Medically Necessary to treat Accidental Injuries or Sickness listed as a Covered Health Service, not listed as an Exclusion. • Home Health Care means a program of care provided by a duly licensed and certified agency (a) engaged in providing Home Health Care Services, including but not limited to, skilled nursing care, and (b). having a valid existing contract with the Plan to provide said services to Members. 8 13 Hospital means an acute general care facility operated pursuant to law which (a) is primarily engaged in providing, for compensation from its patients, diagnostic therapeutic facilities for surgical or medical diagnosis, treatment, and care of injured and sick persons by, or under the supervision of, a staff of physicians; (b) has 24-hour nursing services by registered professional nurses; and (3) is not a Federal Hospital; or (4) is not, other than incidentally, a place for rest, custodial care, or the aged; or nursing home, convalescent home or similar institution. Master Group Contract means this contract between the Plan and the Group. Medically Necessary means any Health Services required to preserve and maintain the Member's health as determined by acceptable standards of medical practice. The Plan's Medical Director shall have the authority to determine whether any health care rendered to a Member is Medically Necessary. Medicare means the Health Insurance for Aged and Disabled Program established pursuant to Title XVIII, United States Social Security Act, as now in effect or hereafter amended. Member means a Subscriber and/or Family Dependent. Membership Card means the card that the Plan issues to its Members showing that they are entitled to receive Health Services from Participating Physicians and Participating Providers. Mental Health Conditions means mental, nervous, or emotional disorders subject to significant clinical improvement through Short-Term Rehabilitation Services. Open Enrollment Period means a pre-determined period, established by the Group and the Plan, during which eligible members of a Group can apply for Coverage without any pre-existing conditions. 9 14 Participating Physician means a physician who has entered into a Participating Physician Agreement with the Plan in which he/she agrees to provide Health Services to Plan Members. Participating Provider means any Participating Hospital, Skilled Nursing Facility, Home Health Care Agency, Laboratory, Pharmacy or other organizations listed in the Plan's Directory of Participating Physicians and Participating Providers or any amendment to that list. Plan or the Plan shall mean Carolina Physicians Health Plan, Inc., whose address is 4020 WestChase Blvd. , suite 450, Raleigh, North Carolina 27607. Pre-Admission Certification means the written prior authorization by the Plan of all inpatient hospital admissions and/or outpatient services. Pre-existing Condition means an illness, injury or condition that existed before the effective date with the Plan. Qualifying Event means the occurrence of an event which affects the eligibility or continued eligibility of a Member or persons related to or affiliated with a Member to receive Benefits under the Plan. (Example: addition or deletion of a Family Dependent.) Reasonable Fees means fees for covered Health Services and supplies which do not exceed the average fees for the same service in the geographic area where the services or supplies are provided. Semi-Private Room means a two or more bed room in a Hospital, Skilled Nursing Facility or other Health Care Facility. Semi-Private Room Rate means the published rate that a hospital charges for a Semi-Private Room. 10 15 Service Area means the area in which the Plan is licensed to provide Benefits to finance the delivery of health services to Subscribers and members who live within thirty (30) miles of the following counties: Beaufort, Carteret, Chatham, Craven, Duplin, Durham, Edgecombe, Franklin, Granville, Greene, Johnston, Jones, Lee, Lenoir, Martin, Nash, Onslow, Orange, Pamlico, Person, Pitt, Vance, Wake, Wayne and Wilson Counties. Short-Term Physical Therapy, Speech Therapy and/or Rehabilitation Services, means care, or any part of such care, for an Accidental Injury or sickness which is subject to significant clinical improvement, at the Plan's sole discretion, within a sixty-day (60) period. Skilled Nursing Facility means a facility providing therapeutic services to inpatients requiring medical and Skilled Nursing Care and which is qualified to participate as an Extended Care Facility under Title XVIII of the Social Security Act. Skilled Nursing Care means care and services provided by a Registered Nurse or Licensed Practical Nurse under the supervision of a Registered Nurse, based upon the level of care required and all applicable federal, state, local and professional laws and practices. Subscriber means an employee or member of the Group who meets all relevant applicable eligibility requirements under Section III of this Contract, who applies and is accepted for Coverage from the Plan. 11 16 SECTION III ELIGIBILITY, ENROLLMENT, AND CONDITION OF COVERAGE 2. Eligibility Individuals are eligible for enrollment when they meet the requirements outlined below: A. Subscribers: To be eligible to enroll as a Subscriber, an individual must be an actual member of a Group entitled on his or her behalf to participate in health care benefits through the Group and must meet such eligibility requirements (such as length of service, active employment, etc. ) as may be imposed by the Group. B. Family Dependent: To be eligible to enroll as a Family Dependent, an individual must either be: 1. Legally married to the Subscriber; 2. An unmarried child of the Subscriber including any stepchild or legally adopted child who is: a. A member of of the Subscriber's household, b. Is dependent upon the Subscriber for support, maintenance and is not employed full time and; c. Maintains a legal residency in the Service Area of the the Plan and; d. 1. Less than 19 years of age; but who is not eligible for Medicare by. reason of health status and/or on active duty in the armed forces of any country; or 2. Between the ages of 18 and 25 who is a *full-time student at an accredited school; or 12 17 3. Age 19 or ever and incapable of self-sustaining employment by reason of *mental retardation or physical handicap. *Proof of student statue or mental retardation/physical handicap must be provided prior to the effective date of coverage. Proof of such incapacity and dependency must be provided to the Plan within 30 days of the child's attainment of the limiting age; and such proof should be provided to the Plan upon request. Members must notify the Plan in writing within thirty (30) days of any changes in a Family Dependent's student status, mental retardation, or physical handicap. C. Persons not entitled to coverage include: 1. Persons who do not usually receive health services in the Plan's Service Area. 2. Persons who are in the armed forces of any government other than for duty of thirty (30) days or less per year. 3. Any child born to a Subscriber's dependent child. 4. Persons in a Hospital on the Group's effective date of coverage (including transfers from another hospital), Skilled Nursing Facility, other Health Care Facility, or receiving Home Health Care or visiting nurse services until such time as they are discharged or no longer receiving home medical care. 2. Enrollment A. Upon meeting the eligibility requirements imposed in the applicable Group Master Contract, any prospective Member • and their prospective Family Dependents can apply for enrollment in the Plan, effective on the applicable Effective Date, only by applying either (i) during an Open 13 - 18 Enrollment Period, or (ii) during special re-openings agreed upon in writing by both the Group and the Plan. Any eligible Family Dependents not enrolled during an Open Enrollment Period are only eligible to apply for enrollment during subsequent Open Enrollment Periods or during special re-openings. B. Upon meeting the eligibility requirements imposed in the applicable Master Group Contract, new employees of the Group and their eligible Family Dependents can apply for enrollment in the Plan, effective on the applicable Effective Date, only by completing and signing the appropriate Application Form (available from the Personnel Department of the new Employee's Group) within an Eligibility period beginning on the date of the new employee's eligibility for membership and continuing for a period of Thirty (30) consecutive days. The Plan must receive the completed Application Form no later than thirty (30) days from the date the New Employees and their Family Dependents first become eligible (the qualifying event) for enrollment. Any eligible Family Dependents that are not enrolled are only eligible to apply for coverage during subsequent Open Enrollment Periods or during special re-openings agreed upon in writing by both the Group and the Plan. The Plan will impose all regulations and restriction, including but not limited to restrictions on coverage of pre-existing conditions, which are imposed upon newly hired employees either by the Group or by the applicable major indemnity health insurer. Additionally, the Plan may require evidence of insurability from all 14 • newly hired employees. Eligible new employees can inquire within their Personnel Department regarding any applicable regulations and restrictions. C. The occurrence of a Qualifying Event, including but not limited to adoption, birth of a child, marriage, divorce, death of a spouse, etc., shall warrant an eligibility period of thirty (30) days. New Family Dependents may be enrolled during a thirty (30) day eligibility, which begins to run on the date of the Qualifying Event, by completing a Change of Member status Form. The Plan must receive the completed Change of Member Status From indicated enrollment or disenrollment of Family Dependents no later than thirty (30) days from the Qualifying Event. The Plan does not extend coverage to dependents of Member dependents. D. Changes to the original Application Form must be made by completing a Change of Member Status which will be made available by the Plan to the Group for distribution to their Group Members. The Group agrees to promptly send the Plan all Application and Change of Member Status Forms and to notify the Plan if there is any change in the Subscriber's eligibility for Coverage from the Plan. The Plan reserves the right to request proof of a Change of Status. E. Coverage of Subscribers and Family Dependents shall take effect on the Effective Date of this Contract or at any later date agreed upon by both the Group and the Plan. F. Potential Subscribers not actively at work on the date when this Coverage would otherwise take effect will be eligible for Coverage on the date on which the Subscriber 15 20 returns to active full time employment, except in situations where the Consolidated Omnibus Budget Reconciliation Act (P.L. 99-272) applies. G. Potential Members or Family Dependents who are confined to a Hospital, Skilled Nursing Facility, or other health care facility or are receiving care on the date when this Coverage would otherwise take effect, will be eligible for Coverage, effective the first day following the his/her final discharge from such confinement or the date that home medical care is terminated. . H. Inspection of Membership Certificate: A Member may, if his/her Membership Certificate is not satisfactory for any reason, return his/her Certificate within ten (10) days of receipt of same and receive full refund of the deposit paid, if any. This right may not be exercised if the Member utilizes the services of the Plan within the ten-day (10) period. 3. Conditions of Coverage A. No individual shall be eligible for Coverage from the Plan if that individual has had Coverage from the Plan denied or terminated for any of the reasons listed in Section VIII "Termination of Coverage." B. If both husband and wife are Subscribers or Members of the Plan through the same or a different group, they cannot elect to cover each other. However, the Plan does not provide duplicate ("double") coverage or Coordinate Benefits with its own Plan. 16 21 SECTION IV. HEALTH SERVICES COVERED BY THE PLAN The Plan will cover a wide range of Medically Necessary Health Services because we want to keep Members as healthy as possible. There are limits to Covered Health Services, however, and some types of care are not Covered at all. The following Subsection lists the Health Services Covered by the Plan. When a Member arrives at a Participating Physician or Participating Provider to receive Covered Health Services, they must show the Physician or Provider their Membership Card so they know that the Member is covered by the Plan. The Plan will only pay for Medically Necessary Health Services from Participating Physicians and Participating Providers except in the case of an Emergency or when the Member's Personal Physician sends that Member to non-participating physician or provider with the Plan's prior written, approval. Members have a wide choice of Participating Physicians and Participating Providers, but their right to choose is not unlimited. Members may have to pay part of the bill for some Health Services, called a "Copayment" charge. The Copayments required for various Health Services are listed on pages 18-22 of this Contract. If • a Member is covered by another Group Benefit Plan which does not require Copayments, it may pay the part of the bill not covered by the Plan. 17 22 covered Health Services To be a Covered Health Service, the Health Service must be: A. Listed below as a Covered Health Service; B. Not listed below as an Exclusion; C. Medically Necessary; and D. Provided by, arranged by, or referred by a Participating Physician, except; 1. In the case of an Emergency; or 2. When a Member's Participating Physician, with prior written approval from the Plan, refers a Member to a non-participating Provider. 18 23 10/0 PLAN I. HEALTH SERVICES FROM PARTICIPATING PHYSICIANS A. Office Visits $10 Copayment Office visits are comprehensive. Some types of office visit services include: * Periodic Health Examinations * Medical Consultation Services * Medical Referral Services to Participating Physicians * Routine Well Child Care * Voluntary Family Planning B. Diagnostic Services Full Coverage C. Laboratory Services Full Coverage D. Casts and Dressings Full Coverage E. Maternity Care $10 copayment for first Pre-natal and office visit then full Post Partum Care coverage. F. Immunizations and Full Coverage Injections G. Allergy Diagnostic 20% Copayment and Treatments Allergy Shots Up to $10 Copayment H. Routine Eye Exams, $15 Copayment including a re- fraction. One every two years. I. Hearing Examine- $15 Copayment tions. One per year. 4 19 AW 24 10/0 PLAN J. Short Term Physical Full Coverage Therapy, which can result in significant • improvement in the patient's condition within 2 months. . K. Dental Services Full Coverage Only if care is needed as a result of accidental injury which occurred while a Member of the Plan, and care is received within thirty days of accidental injury. Must have Prior Approval of the Plan's Medical Director. II. PHYSICIAN SERVICES WHEN MEMBER IS IN A HOSPITAL OR sKILLRD NURSING FACILITY Full Coverage III. INPATIENT AND OUTPATIENT HOSPITAL SERVICES A. Semi-private room and Board Full Coverage Unlimited Days B. Hospital Ancillary Services Full. Coverage A 20 • 25 10/0 PLAN IV. PRIVATE DUTY NURSING Must be prior approved by the Medical Director. A. In Hospital $50/day Copayment, $500 maximum Copayment per Contract year per person. B. At Home Full Coverage V. EMERGENCY SERVICES A. Emergency Services $35 Copayment • in and out of the per visit Service Area Plan must be notified within 48 hours of an Emergency hospital admission. B. Professional Full Coverage Ambulance Service VI. MENTAL HEALTH CARE AND CHEMICAL DEPENDENCY TREATMENT Limited to Crisis Intervention and Evaluation for Mental Health Care and Medically Necessary Care and Treatment of Chemical Dependency. Chemical Dependency Treatment benefits offset Mental Health benefits. Maximum chemical dependency benefit per member per twenty-four (24) month period not to exceed six thousand ($6,000) dollars and three thousand ($3,000) dollars in any twelve (12) month period. Maximum lifetime chemical dependency benefit per member not to exceed twelve thousand ($12,000) dollars. Outpatient A. Maximum of 20 $20 Copayment visits per per visit Contract Year Inpatient B. Maximum of thirty $100/day (30) days per Copayment, Contract Year $1,000 per Contract Year maximum Copayment per person 21 26 10/0 PLAN Day Treatment C. In a Mental $50/day Health Day Treatment/ Copayment, Partial Hospital $700 per Facility, thirty Contract Year (30) Inpatient Days maximum Copayment are exchangeable per person at the rate of one (1) for two (2) in a Mental Health Day Treatment Facility, up to a maximum of 60 days per Contract Year VII. SKILLED NURSING FACILITY SERVICES Semi-private Room, Full Coverage Up to 100 days per confinement, when ordered by a Partici- pating Physician and approved, in advance, in writing by the Plan's Medical Director as an alternative to hospitalization. VII/. HOME HEALTH CARE Unlimited number of visits per Full Coverage contract year, when ordered by a Participating Physician and approved in advance, in writing • by the Plan's Medical Services Department as an alternative to hospitalization. IX. REFERRAL TO NON-PARTICI- Full Coverage PATING PROVIDERS If no Participating Physician and/or Participating Provider can provide Medically Necessary Health services. The Plan's Medical Director must approve • such referral, in advance, in 1 writing. 22 Namama amaa-. AsignimesEssmalessui 27 10/0 PLAN X. PROSTHETIC DEVICES AND DURABLE MEDICAL EQUIPMENT The following is $50 Copayment covered when needed as a result of an accident or illness suffered while a Member. The benefit must be ordered by a Participating Physician, and approved, in advance, in writing by the Plan's Medical Director. 1. Braces, trusses and crutches; 2. Rental of a hospital- type bed, wheelchair or equipment for the administration of oxygen up to the purchase price; 3. Artificial limbs and eyes; and 4. Contact Lenses as needed after Cataract Surgery. The Plan reserves the right to determine whether rental or purchase is more appropriate and which vendor is used. NOTE: Repair, replacement and duplicates of the above items are not covered. 23 • • • ::::':••.:-, •.. ,, .7 :........ - . . -• . , . . • . • , 2-28 • • . . ... - --_ . . . . . . . . . . Prescription Drug Blder . . . i prescription requires a 55.00 or 25% copayment, whichever is . ater fOr up to a 34-day supply prescribed by a Participating an and filled by a Participating Pharmacy• You must dhow your In Membership Card before obtaining a prescription. • -escription drugs through CPBP are available only at RS,±-t--P-C19.1 . Lores with over 60 locations in the service area. General Esclusious/Limitations . . : . . . . . . . Any Medical Supplies (i.e. , Bandages, Syringes) . Over The Counter (OTC) Medications Any new dregs/products approved by the FDA after January 1, 1965 without prior approval by the Plan. Any drugs/products that are used for DP approved purposes• . .. r Specific BsclusionsLimitations . . -... . and Contro Birth l Pills Devices . . Fertility DrUg0 . Injectable Prescriptions Insulin and Oral An ti-Diabetic Medications Vitamins (Children and Pre-Natal) 0169 . . . 29 SECTION V LIIrICIITISICOVERAE 1. Referral Health Services Referral by a Participating Physician to a non-participating Physician or Provider: In the unlikely event that Covered Health Services cannot be provided by a Participating Physician and/or a Participating Provider, the Member shall be referred to another physician or provider that can provide the Medically • Necessary Health Services. Such Health Services must be recommended in writing by the Participating Physician, and must have prior approval in writing, from the Plan's Medical Services Department to be Covered by the Plan, and will be subject to the Limitations and Exclusions of this Contract. The Plan will not pay for any referral Health Services not recommended by the Participating Physician and/or not approved by prior written notice of the Medical Services Department except for necessary • Emergency Care as described in Section V, Article 2. 1 2. Emer9eflqy Services A. Within the Plan's Service Area . . Eligible Expenses for emergency care are Covered within the Plan's service area. Members pay a copayment for Emergency Health Services. Members must contact their Personal Physician before seeking Emergency Care, unless the delay could reasonably risk the Member's life or result in permanent Disability. Whenever possible consistent with reasonable and prudent standards of medical care, continuing or follow-up medical treatment, related to the 24 • 30 accidental injury or emergency illness must be performed by a Participating Physician/Provider. All Medically Necessary follow-up medical treatment that cannot be provided by a Participating Physician/Provider, requires the Plan's prior written approval as outlined in Section v, Article 1. Members must, when possible, contact their Participating Physician or the Plan within 48 hours of an emergency hospital admission. B. Outside the Plan's Service Area Eligible Expenses for emergency medical care are Covered - outside the Plan's Service Area when receipt of Health Services cannot be delayed because delay might result in serious deterioration of a Member's health or in Disability. Members are responsible for a Copayment for Emergency Health Services. Continuing or follow-up medical treatment, related to the accidental injury or emergency illness must be performed by a Participating Physician/Provider. All Medically Necessary follow-up medical treatment that cannot be provided within the Plan's Service Area by a Participating PhysiCian/Provider requires the Plan's prior written approval as outlined in Section V, Article 1. Members must notify their Participating Physician or the Plan within forty-eight (48) hours after an Emergency Hospital Admission or as soon thereafter as is reasonably possible. Full details of the Emergency Health' Services provided shall be made available at the request of the Plan. If the Member is hospitalized, he/she shall be transferred to a Participating Hospital as soon as it is 25 31 medically appropriate in the opinion of the attending physician and Participating Physician. 4 26 32 SECTION VI REIMBURSEMENT OF ELIGIBLE EXPENSES FOR TREATMENT BY NON-PARTICIPATING PROVIDERS 1. Claim Form For a Member to be reimbursed for Eligible Expenses incurred in connection with any medical care or treatment provided by non-participating physicians or other non-participating Providers, a Claim Form or formal bill must be submitted by the Member and received at the Plan's home office within ninety (90) • days after the date the Member incurs such Eligible Expenses. Failure to furnish a Claim Form or formal bill within the time required shall not invalidate nor reduce any claim, provided such Claim Form or formal bill is furnished as soon as reasonably possible and in no event, later than one (1) year from the date at which time the services were provided. 2. Payment of Claims Upon timely receipt of the Claim Form or formal bill, the Plan will pay for Eligible Expenses incurred in connection with Covered Health Services. Benefits under this Contract may be paid in whole or in part either to the Subscriber who incurs the . Eligible Expenses (or whose Family Dependent incurs the Eligible Expenses) .or to the hospital, person, or other entity rendering the health care services. 3. Legal Actions No action at law or in equity shall be brought to recover under this Contract prior to the expiration of sixty (60) days after the Claim Form and/or requested supporting information, if any, has been filed in accordance with the requirements of this 27 33 Contract, nor shall such action be brought at all unless brought within three (3) years from the expiration of the time within which the Claim Form or formal bill is required to be filed by this Contract. 4. The Plan is entitled to recover any excess or incorrect payments. • • • 4 • 28 34 SECTION, VII EXCLUSIONS 1. Any Accidental Injury or sickness, if any benefits, settlement, award damages are received or payable, (or could reasonably be expected to be received or payable if a claim were made) from: a claim under Worker's Compensation, Employer's Liability, or Occupational Disease Law, or Medicare. 2. Health Services for the Treatment of Mental. Health Conditions, except Crisis Intervention and Evaluation services. (Please see Section IV). 3. Medication, supplies, and equipment given for a charge to a Member by a hospital to take home (such as, but not limited to: disposable oxygen equipment, dressing kits, and disposable monitoring supplies) . 4. Any Health Services rendered after Termination of Coverage (Please see Section VIII). 5. Prosthetic and orthotic devices and durable medical equipment except as explicitly provided under this Contract. (Please see Section IV) . 6. Any dental care or oral surgery, including but not limited to care or surgery for an injury which occurred while the covered individual is in the act of chewing or for damage to or breakage of an appliance (such as, but limited to, a bridge or denture being cleaned or otherwise not in normal mouth usage at the time of the accident) except: for the treatment of sound natural teeth needed as a result of an Accidental Injury, when said injury occurred while a Member of the Plan and the care is received within thirty (30) days from the date of the Accidental Injury. 29 35 • Written prior approval is required by the Plan's Medical Services Department. 7. The evaluation or treatment of Temporomandibular Joint Syndrome (VW), or any costs associated with appliance surgery and/or appliance fittings for the above, except as a result of significant trauma. Coverage for any of the above will require prior written approval by the Plan's Medical Services Department. S. All cosmetic procedures (such as, but not limited to: gynocomastia treatments, scar revisions, and breast reduction unless medically necessary) except services incidental to or • following surgery resulting from trauma, infection, or other diseases of the involved part and reconstructive surgery because of a congenital disease or anomaly of a covered Dependent child which has resulted in a functional defect. 9. Health Services not Medically Necessary for the diagnosis and treatment of an accidental injury or sickness or to maintain the Member's health. 10. Experimental or unproven medical, surgical, or psychiatric procedures and pharmacological regimes, and associated Health Services, not generally accepted by the Plan's Utilization Review Committee, taking into consideration the decisions of the American Medical Association, the Food and Drug Administration, and other medical/professional groups and associations; including, but not limited to: Sex Change Operations, Gastric Jejunal Bypass (for purpose of morbid obesity), silastic Implants, Holiopathic and/or Megavitamin Therapy. 11. Organ transplants other than cornea, kidney and bone marrow for Plan Approved conditions. 12. Health Services received from a non-participating physician or 30 19312=21161301MBIRMIIM90061 36 provider unless ordered by a Member's Participating Physician with the Plan's prior written approval, except in an Emergency. (Please see Section V and VI). 13. The expense of fitting or purchasing hearing aids, eye glasses, or contact lenses. 14. Personal convenience services while an inpatient in a Hospital or other health care facility, such as television, telephone, barber . or beauty service, guest services and similar incidental services and supplies which are not Medically Necessary as part of the care for the Member. 15. Services performed by a Member's immediate family including spouse, brother, sister, parent, or child, for which, in the absence of any health insurance plan or insurance plan, no charge would be made to the Member. 16. Physical examinations, mental evaluations and/or immunisations required by third party for the purposes of obtaining employment or insurance or conducted for purposes of medical research. 17. Treatment provided in a Veterans Hospital, benefits provided under Medicare or other governmental program (except Medicaid) , or services for which, in the absence of any health service plan or insurance plan, no charge would be made to the Member. 18. Any injury or sickness resulting from war or any act of war (declared or undeclared) or service in the armed forces of any country. 19. Travel and transportation expenses even though prescribed by a physician, except as provided in Section IV of this Contract. 20. Outpatient hospital or clinic services (including emergency room services), unless arranged in advance by a Participating Physician or necessary because of any Emergency. 31 37 21. Benefits otherwise provided in this Contract which the Plan is unable to provide because of any law or regulation of the federal, state, or local government, or any action taken by any agency of the federal, state, or local government in reliance on said law or regulation. 22. Long-term physical therapy, speech therapy and/or rehabilitation services, and/or Speech Therapy for treatment of a learning disability or slow speech development. 23. Care in connection with the detection and correction by manual or mechanical means of structural imbalance, distortion, or subluxation in the human body for purposes of removing nerve interference and the effects thereof, where such interference is the result of or related to distortion, misalignment, or subluxation of or in the vertebral column. 24. Non-emergency health services rendered outside the Service Area where the Member should have reasonable foreseen the need for such services prior to leaving the Service Area, unless the Plan approves such services in writing, in advance. 25. Expenses for the reversal of vasectomies or tubal ligations. 26. Expenses for the Treatment of infertility. 27. Any expense as a result of a Member's staying in the hospital after the discharge time or date. The discharge time and date is established by the Hospital or the Participating Physician. 28. Medical equipment and appliances, even though prescribed by a physician, such as air conditioners, humidifiers, and personal comfort items. 29. Any covered health services for which a third party is obligated to pay or cover (i.e. Medicare, Medicaid, etc. ) . 32 38 30. The cost of foot care for corns, calluses, flat feet, fallen arches, weak feet, chronic foot strain, or symptomatic complaints of the feet. 31. Custodial care or rest cures. 32. Marriage or family counseling. 33. No benefits shall be provided for intentionally self inflicted injuries or injuries incurred in the commission of a felony. 34. Any injury resulting from a nuclear accident. 35. Pediatric neonatal expenses if the mother failed to.seek proper prenatal care from a participating physician. i 33 39 Nan TERMINATION OF COVERAGE A Member's Coverage shall automatically terminate on the earliest of the following dates: 1. Upon the Group's failure to pay the required premium to the Plan in accordance with Section XIII of this Contract. 2. The date that this Contract is terminated, or with respect to any specific Health Services covered by this Contract, the date such Coverage terminates. 3. The end of the Contract month in which the Member ceases to be Eligible as a Subscriber or Family Dependent. 4. The date on which the Subscriber ceases full-time employment or membership with the Group. 5. The date on which the Member moves out of the Service Area. 6. The end of the Contract month during which the Group receives . written notice from the Subscriber requesting termination of Coverage, or on such later date requested for such termination by the notice. 7. The date on which the Subscriber is retired or pensioned, unless Coverage is specifically provided for retired or pensioned individuals in the Group's Application, attached to this Contract. 8. The date on which the Plan sends the Group written notification of the Member's failure to pay a required Copayment charge for Health Services rendered. 9. If a Subscriber has knowingly given false information in writing on his or her Application Form, coverage shall be voided upon 34 40 • written notice delivered by the Plan to the Group. The Plan reserves the right to refuse to pay any claims resulting from an Application when a Subscriber has knowingly given false information. 10. The date of entry into active military duty, except for temporary duty of thirty (30) days or less. 11. If a Member misuses his Membership Card (such as, but not limited to: permitting a non-Member to use the card to obtain Health Services) , that Member's Coverage will terminate immediately upon receipt of written notification of termination by the Plan to the • Group. 12. The date on which the member is notified of failure to establish and maintain a physician/patient relationship with a Participating Physician after reasonable efforts by the Plan to establish such a relationship. 13. Thirty (30) days after the date on which the Plan sends the Group and Member written notification of the Member's unreasonable refusal to follow a prescribed course of treatment. 14. The date on which the Member is notified of failure to permit or • cooperate with the Plan to enforce its Coordination of Benefits, as set forth in Section X. Written notification referred to in Items 8, 9, 10, 11, 12, 13, and 14 above will be delivered in person or sent via certified mail. The notice will state the date and hour upon which enrollment shall terminate and the reasons for cancellation. 35 41 If cancellation is for non-payment of charges, the notice shall state the amount of charges due and shall state that if the Member pays the amount of charges due, plus the cost of preparing and serving the notice at any time before the cancellation date, Coverage will remain in effect. If a Member's Coverage is to be terminated for the reasons described in Items 8, 9, 10, 11, 12, 13, and 14 above, the Plan shall notify the Member of the proposed termination of Coverage and the right to have the matter considered in accordance with the Grievance Procedures described in Section XI of this Contract prior to terminating coverage. The Plan shall not notify the Group of such proposed termination until a final decision is issued in accordance with the Grievance Procedure. If the Group is subject to the requirements of the Consolidated Ominibus Budget Reconciliation Act (P.L. 99-272) , termination under items 2-7 above is subject to a Member's electing Continuation Coverage. If Continuation Coverage is elected, the Member shall continue as a Member of the Group for purposes of the Master Group Contract, provided the premium payment on behalf of the Member is received by the Plan. Termination of a Member's Coverage is also subject to continuation privileges that may be available to the Member under North Carolina State Law. If State Law makes a continuation privilege available, and the Member elects such continuation, the Member shall continue as a Member of the Group for the purposes of the Master Group Contract, provided the premium payment on behalf of such a Member is received by the Plan. 36 42 If the Member elects Continuation Coverage the Group agrees to notify the Member of the amount of the premium payment and notify the Plan of election by the Member of Continuation Coverage. The Group agrees to be responsible for all administrative tasks resulting from Members who have the right to elect Continuation Coverage and Members who elect Continuation Coverage, and the Group agrees that the Plan is not responsible for any tasks that maybe required in order for the Group to remain in compliance with the COBRA. 1 37 43 SECTION IX CONVERSION PRIVILEGE A Subscriber and/or Family Dependents are eligible to convert to Direct Payment Agreement Coverage, offering the same benefits as other Direct Payment contracts being offered by the Plan at that time. The Member must submit an Application Form within the required time and payment of the applicable quarterly or, at the Member's option, annual premium. Direct Payment Contract coverage levels, premiums, and administrative procedures vary from the Plan's Group Coverage. The Coverage will be issued without proof of insurability if the Application Form and premium due is mailed or delivered to the Plan's office within thirty (30) days of the date that the Member first becomes eligible to exercise the Conversion Privilege. The Conversion Privilege shall be available upon: A. The termination of a Family Dependent's eligibility by reason of 1. reaching the age limitation for such Coverage; 2. death of the Subscriber; 3. divorce or annulment of his or her marriage to the • Subscriber. 4. the end of the period of Continuation Coverage. • A Member will not be eligible to convert if terminated under conditions of Section VIII Items 8, 9, 10, 11, 12, 13, 14 and 15, unless COBRA requires that Continuation Coverage must be offered to the terminated member. 38 =mow 44 If the termination of the Member's eligibility is by reason of moving or out of the Plan's Service Area that Member may apply for a Direct Payment Agreement from an insurance company offering such Coverage to the former Member without evidence of insurability. This Application Form, is available from the Plan, and it must be submitted within thirty (30) days of termination. The out of Service Area Direct payment Agreement will provide for the same benefits schedule and rates being offered by the insurer to other insureds within that state eligible for such a Direct Payment Agreement. The Members shall be eligible to continue their Direct Payment Agreement only as long as they are not covered by, or eligible for, coverage by any substantially similar insurance policy, prepaid plan, or other health benefit plan or program offered by any party including the federal, state, or local government, which together with the Direct Payment Agreement would result in over insurance or duplication of benefits according to standards on file with the NAIC. The Direct Payment Agreement Coverage will terminate when the Member becomes eligible for Medicare Coverage by reason of age. The Group agrees to notify Members of their right to convert to a Direct Payment Agreement upon termination of a Subscriber's employment • or membership in the Group. Such notice must be given within fifteen (IS) days of the date of the event causing the termination of the Subscriber's Group Coverage by mailing the notice to the Subscriber's last known address. The Group agrees to pay the Plan's additional administrative expenses if it fails to provide such timely notice, as provided in this paragraph, and the Subscriber later converts to a 39 45 Direct Payment Agreement, within an extended time period for exercising that privilege upon the failure to receive notice, as may be provided by law. The Conversion Coverage shall be available after the period of Continuation Coverage and continuation privilege (if any) . • 4 • 40 46 SECTION X COORDINATION OF BENEFITS If a subscriber or a Family Dependent is covered by a Group Benefit Plan through employment, the Plan's coverage and that of the other Group Benefit Plan will coordinate so that up to, but no more than, 100% of any Covered Services will be considered in accordance with this Contract. The Plan will process claims first only if it is the primary carrier. If another carrier is primary, the Plan will process the balance remaining after the primary carrier has completed process, • provided in Explanation of Benefits (BOB) statement is submitted to the Plan. The Plan will decide if it or the other Group Benefit Plan should cover or pay for the Health Services based on the order of the following rules: 1. The group plan that does not have a Coordination of Benefits clause will have primary liability. 2. The plan which covered the person as other than a dependent will, have primary liability. 3. The Plan covering the person whose month and date of birth is • earliest in a calendar year shall be primary for a dependent(s) (excluding the year of birth). 4. When the parents are separated or divorced and the parent with custody of the child has not remarried, the benefits of the plan which covers the child as a dependent of the parent with custody of the child will be determined before the benefits of the plan which covers the child as a dependent of the parent without custody 5. When the parents are divorced and the parent with custody of • 41 48 that person as that employee's dependent. If the other plan is not subject to this rule, and if, as a result, the plans do not agree on the order of benefits, this paragraph shall not apply. 10. If none of the rules in this section determine the order of benefits, the benefits of the plan which covered an employee, member, or subscriber for a longer period of time are determined before those of the plan which covered that person . for the shorter period of time. If the Group Benefit Plan happens to be another HMO, the above rules should be followed in determining which plan a member should receive services from. The Plan shall be entitled to: (1) determine whether and to what extent a Member has indemnity or other coverage for the Health Services provide under this • Contract; (2) establish priorities in accordance with paragraphs 1 through 10 above, for primary responsibility among the plans obliged to provide Health Services or indemnity benefits; (3) release to or obtain from any other plan any information needed to implement this provision; and (4) recover the value of Health Services rendered to the Member under this Contract to the extent that such Health Services are actually provided and/or indemnified by any other plan. 43 49 The order of primary responsibility stated above shall not apply when the Member is entitled to receive Health Services or indemnity benefits: (a) under Worker's Compensation or similar law; or (b) in a hospital or facility owned or operated by any governmental agency. In such cases, the primary responsibility shall rest with those persons or agencies having the obligation to provide the Health Services or indemnity benefits under (a) or (b) above. In no case shall the Plan be required by a hospital or facility owned or operated by any governmental agency to provide more than the individual would have been required to pay in the absence of third party coverage. • When the Plan Coverage is the primary Coverage, it will provide all necessary Health Services in accordance with this Contract. The secondary health plan may be obligated to pay any coinsurance, Copayment, or other charges not Covered by the Plan if the Member files a claims with that group health plan. When the Plan's Coverage is secondary, it reserves the right to request that the Member submit a claim to the other group health plan, recover any claim payment that the Member receives from that group health plan to the extent such payment is for services actually received from or paid for by the Plan, or to bill that group health plan for Health Services provided or paid for by the Plan. 44 50 SECTION XI GRIEVANCE PROCEDURES 1. Formal Complaint If a Member is unable to resolve a problem informally, that person may file a Formal Complaint with the Chief Executive Officer of the Plan. A Formal Complaint must be in writing and must describe the matter causing the person's dissatisfaction. A Formal Complaint must be filed with the Chief Executive Officer of the Plan within ninety (90) days of the incident causing dissatisfaction. The Chief Executive Officer of the Plan will investigate the Formal complaint, reach a decision, and will report the same in writing within thirty (30) days to the Member. 2. Grievance Committee The Chief Executive Officer of the Plan's decision may be appealed, in writing, within thirty (30) days of the date of receipt of that decision, to the Grievance Committee of the Plan's Board of Directors. The Chairman of that Committee will schedule a hearing, to be recorded by a court reporter, either during the next regularly scheduled meeting of the Committee or at a special meeting called to consider the appeal, within thirty (30) days of the date he/she received notice of appeal. The Member and the Chief Executive Officer of the Plan may be represented by counsel, call witnesses, present evidence, and cross-examine opposing witnesses during the hearing. The Grievance Committee will render its decision within thirty (30) days after the hearing. 45 51 3. Board of Directors The decision of the Grievance Committee may be appealed, in writing, within thirty (30) days of the Grievance Committee's decision to the Plan's Board of Directors. The Plan's Board of Directors will only consider the record of the hearing before the Grievance Committee and shall only reverse the decision of that Committee if it is clearly against the weight of the evidence presented during the hearing. The Plan's Board of Directors will consider the appeal during its next regularly scheduled meeting following receipt of the written notice of appeal and shall render its decision within thirty (30) days of such meeting. 4. Complaint To Departments Of Insurance The Member may submit a complaint to the Department of Insurance if he/she is not satisfied with the decision of the Plan's Board of Directors. • • 46 52 SECTION XII RELATIONSHIP BETWEEN PARTIES The relationship between the Plan and Participating Physicians and Participating Providers is a contractual relationship between independent contractors. Participating Physicians and Participating Providers are not agents or employees of the Plan; nor is the Plan or any employee of the Plan an agent or employee of Participating Physicians and Participating Providers. The relationship between a Participating Physician and any Member is that of physician and patient. The Participating Physician is soley responsible for the Health Services provided to any Member. The Plan is not liable for any act, omission, or other conduct of any physician or provider in furnishing professional, ambulatory, hospital, or any other services to Members; nor is any Participating Physician or Participating Provider liable for the acts of any other physician or provider based solely upon his, her, or its association with the Plan. 47 53 SECTION xiii CONTRACT PROVISIONS 1. Premium Payment - Computation All premiums are.payable monthly in advance by the Group to the Plan at its office. The Group will arrange to collect any necessary Subscriber contributions toward the premium for their Coverage from the Subscriber and pay the total monthly premium due the Plan on behalf of those Subscribers on or before the first day of any month during which Coverage is to be provided to Subscribers. The first premiums are due and payable on the Effective Date of this Contract. Subsequent premiums are due and payable on the first day of each Contract Month thereafter during the continuance of this Contract. The Group agrees that it shall act as the agent for the Group's Subscribers and not, under any circumstances, as an agent, employee, or representative of the Plan in collecting any amounts from such Subscribers and paying same to the Plan. The initial premium for Coverage is set forth on page one of this Contract. The Plan will provide the Group with at least thirty (30) days notice of any premium increase or decrease approved by the State. It is understood that the same rate will be charged for the Contract Year however, if during any Contract year there shall have been an increase in the rate applicable to the premium charge for this Contract, as determined by the State's Insurance Department, the Plan, with the approval of the Insurance Department and in compliance with the notice provisions in this Section, will adjust the premium for the ensuing contract year to reflect the increase in the rate. 48 1 54 The Plan shall calculate the premium based upon its records of the number and Coverage type of Subscribers as of the fifteenth (15th) day of the month preceding the date that the next month's premium is due and payable. The Plan shall provide the Group with written notice of the premium payable to the Plan at least one (1) week prior to the date the premium is due and payable to the Plan. The Group agrees to notify the Plan within five business days of the deletion or addition of any Subscribers Covered 'or to be Covered by the Plan. The Plan and the Group shall cooperate to complete any retroactive adjustments to the premium necessary as a result of the addition or termination of Subscribers Covered by the Plan. The Plan shall not be required to make a retroactive adjustment if the Group fails to notify the Plan of the termination of a Subscriber's Coverage by submission of a Change of Member Status Form. If a subscriber is terminated on any day of the month, coverage will be effective until the last day of the month indicated on the Change of Member Status Form. The premium already paid for that month will not be adjusted. If a Subscriber is added on any day of the month, Coverage will begin on the day indicated on the Application Form. The premium charged will be for the entire month in which the Member becomes effective. If the Group does not notify the Plan of the termination of a Subscriber's Coverage, with a Change of • Member Status Form, the Group shall not be entitled to any retroactive adjustment of premium until notification is received by the Plan. 2. Grace Period A Grace Period of ten (10) days will be granted for the payment of any premium during the time this Contract shall continue in force. If the premium is not paid within that ten (10) day period, the Plan 49 55 reserves the right to assess a penalty of 1.5% the monthly premium. The Plan also reserves the right to terminate coverage of all Members Covered by this Contract without notice from the Plan to the Group. The Plan shall be entitled to notify the Group's Subscribers of the non-payment of premium and the expiration date of the Grace Period provided by this provision to enable them to make necessary arrangements to pay for their Health Services upon the termination of this Contract. The termination of this Contract upon the expiration of this Grace Period shall not relieve the Group of its obligation to pay the premium due for Coverage provided during the Grace Period. 3. Willful Nonpayment of Premium UNDER NORTH CAROLINA GENERAL STATUTE SECTION 58-260.3, NO PERSON, EMPLOYER, PRINCIPAL, AGENT, TRUSTEE, OR THIRD PARTY ADMINISTRATOR, WHO IS RESPONSIBLE FOR THE PAYMENT OF GROUP HEALTH OR LIFE INSURANCE OR HEALTH CARE PLAN PREMIUMS, FOR WHICH PAYMENT WAGES OR OTHER FUNDS ARE WITHHELD FROM THE PERSONS INSURED, SHALL: (1) CAUSE THE CANCELLATION OR NONRENEWAL OF GROUP HEALTH OR LIFE INSURANCE, HOSPITAL, MEDICAL, OR DENTAL SERVICE PLAN, OR HEALTH CARE PLAN COVERAGES AND THE CONSEQUENTIAL LOSS OF THE COVERAGES OF THE PERSONS INSURED, BY WILLFULLY FAILING TO PAY SUCH PREMIUMS IN ACCORDANCE WITH THE TERMS OF THE INSURANCE OR PLAN CONTRACT, AND (2) WILLFULLY FAIL TO DELIVER, AT LEAST 30 DAYS PRIOR TO THE TERMINATION OF SUCH COVERAGES, TO EACH NAMED INSURED A WRITTEN NOTICE OF THE PERSON'S INTENTION TO STOP PAYMENT OF PREMIUMS. THIS WRITTEN NOTICE MUST ALSO CONTAIN A NOTICE TO THE NAMED INSUREDS OF THEIR RIGHTS TO HEALTH INSURANCE CONVERSION POLICIES UNDER ARTICLE' 26C OF GENERAL STATUES CHAPTER 58. VIOLATION OF THIS LAW IS A FELONY IF THE INSURANCE IS, IN WHOLE OR IN PART, PAID OR OUT OF WAGES WITHHELD OR 50 56 OTHER FUNDS COLLECTED FROM THE PERSONS INSURED. ANY PERSON VIOLATING THIS LAW IS ALSO SUBJECT TO A COURTORDER REQUIRING THE PERSON TO COMPENSATE PERSONS INSURED FOR EXPENSES OR LOSSES INCURRED AS A RESULT OF THE TERMINATION OF THE INSURANCE. 4. Termination of Contract The Plan or Group may terminate this Contract at the end of any month by giving the other party thirty (30) days written notice of termination prior to the effective date of termination. Termination of this Contract shall be without prejudice to any claim originating prior to the effective date of termination. • 51 57 SECTION XIV GENERAL PROVISIONS 1. Entire Contract This Contract, the Group Application of the Group and the Member's individual Application Form shall constitute the entire Contract between the parties. All statements made to the Group or to a Subscriber shall be deemed representations and not warranties. No such statement shall void or reduce Coverage under this Contract or be used in defense to a claim unless in writing signed by the Group and/or a Subscriber. 2. Time Limit On Certain Defense No statement shall be used to void the Contract after it has been in force for a period of two (2) years. 3. Alteration No alteration of this Contract and no waiver of any of its provisions shall be valid unless evidenced by an endorsement of an amendment attached to this Contract which is signed by the Chief Executive Officer or the President of the Plan. No agent has authority to change this Contract or to waive any of its provisions. 4. Consent to Release of Medical Information Unless State Law requires a specific consent to release medical information, the Subscriber consents to the release of medical information to the Plan for himself and enrolled Family Dependents upon signing the Application Form. The Plan has the right to have Family Dependents sign a separate consent to release medical information to the Plan. 4 52 58 Unless otherwise prohibited by law, a Member gives implied consent to release medical information upon presenting his Membership card to any Physician or Provider. 5. Forms The Group shall keep on file copies of all documents, forms, and descriptive literature provided by the Plan for distribution to Subscribers such as, but not limited to, the Membership Certificate, Application Form, and Change of Member Status Form. The Group agrees to give all new employees a copy of the Plan's Application Form and descriptive literature, provided by the Plan, at the time that the employee is hired. Change of Member Status Forms shall be made available to Subscribers during the Group's regular business hours. 6. Records The Group shall furnish the Plan with all information and proofs which the Plan may reasonably require with regard to any matters pertaining to this Contract. All documents furnished by the Group and any other records which may have a bearing on the Coverage under this Contract shall be open for inspection by the Plan at any reasonable time. Each Member authorizes and directs any person or institution that has examined or treated the member to furnish the Plan, at any reasonable time, upon its request, any and all information and records or copies of records relating to the examination or treatment rendered to the Member. The Plan agrees that such information and records will be considered confidential. The Plan shall have the right to submit any and all records concerning Health Services rendered to Members to appropriate medical review personnel. 53 59 In the event of a question or dispute concerning the provision of Health Services or payment for such services under this Contract, the Plan may reasonably require that a member be examined, at the Plan's expense, by a Participating Physician designated by the Plan. 7. Notice All notices to the parties to this Contract shall be in writing, postage prepaid, registered or certified mail, return receipt requested, and shall be deemed given when mailed. The notices shall be mailed to the two parties indicated on the title page or to such other address or person designated by either party, in writing, during the term of this Contract. Notice given by the Plan to an authorized representative of the Group shall be deemed notice to all affected Subscribers in the administration of this Contract, including termination of this Contract or the termination of Member's Coverage. The Group agrees to provide appropriate notice to all affected Subscribers at its own expense. 8. Covered Benefits In no event shall any Member be responsible to pay for Health Services covered by this Contract except as otherwise provided in this Contract. 9. Membership Certificate The Plan will issue to each Subscriber a Membership Certificate describing the Health Services to which he/she is entitled and summarizing those provisions affecting the Subscriber, together with a statement as to when and where this Contract may be examined. 54 60 10. Membership Card Members will be provided a Membership Card within a reasonable time after enrollment. Members agree to use this card in accordance with the terms and conditions of this contract. This card is the property of the Plan; members agree to return this card upon request at the time coverage terminates. 11. Unenforceability, Invalidity, or Waiver, or any Violation of any Provision of this Contract The unenforceability or invalidity of any provison of this Contract shall not affect the validity and enforceablility of the remainder of this Contract. The waiver of either party of a violation of any provision of this Contract shall not bar any action for subsequent violations of this Contract. 12. Worker's Compensation not Affected The Coverage provided under this Contract is not in lieu of and does not affect any requirements for Coverage by Worker's Compensation Insurance. 13. Pronouns All personal pronouns used in this Contract shall include either gender unless the context indicates otherwise. 14. Events Beyond our Control In the event of circumstances not reasonably within the control of the Plan such as complete or partial destruction of health care facilities, war, riot, civil insurrection, or similar causes; the Plan shall not be responsible for the Provision of medical or Hospital services. 55 _ • 61 15. Conformity with Statutes This Contact shall be governed by the laws of the State of North Carolina. 56 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. P j ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: RENEWAL OF LEASES EXPIRING IN JUNE, 1989 DEPARTMENT: PURCHASING 8 CENTRAL SRVCS. PUBLIC HEARING YES: NO: XX ATTACHMENT(S) : • INFORMATION ACT: PAM JONES EXT 498 LEASE RENEWALS Telephone Number- Hillsborough -732-8181 Chapel Hill -967-9251 Mebane -227-2031 Durham -688-7331 PURPOSE: To consider renewing leases from July 1 , 1989 through June 30, 1990 for the following agencies: 1 . ) Wake Opportunities (Head Start) ; located at Northern Human Services Center, Cedar Grove; 2. ) JOCCA-Cedar Grove Day Care; located at Northern Human Services Center, Cedar Grove; 3. ) Community School for People Under Six; located at Southern Human Services Center, Chapel Hill . BACKGROUND: These agencies operate day care services and nutrition sites for seniors at the Northern as well as the Southern Human Services Centers. They are on-going programs with leases originating in 1983. Terms and conditions of each lease remains the same. RECOMMENDATION: To approve lease renewals for Wake Opportunities, JOCCA, and Community School for People Under Six through June 30, 1990; and authorize the Chair to sign on behalf of the Board. Beuel 15 (-7141 • • br LEASE AGREEMENT RENEWAL NORTH CAROLINA ORANGE COUNTY WHEREAS, a lease agreement was made and entered into as of the 29th day of August, 1983 by and between Orange County, LESSOR and Wake Opportunities, Inc. , TENANT, for space to be used as a Day Care Center at the Northern Human Services Center, Cedar Grove, NC; WHEREAS, the LESSOR and the TENANT wish to renew the lease agreement. NOW THEREFORE, LESSOR and TENANT mutually agree to the following: 1 . The lease agreement will be continued for a period of one year commencing on July 1 , 1989 and ending at 12:00 midnight on the day of June 30, 1990. 2. All other terms and conditions will remain the same. This agreed to the A5 day of 4,4411-, , 1989. LESSOR: ge Count / / BY: Noses Carey, Jr. / Chair, Orange County 74a d of Commissioners / / ATTEST: Ar: 411, TENANT: Wake Oppor un ties, Inc. • • -6--,zr-F-7 _ a ID 1 I V! - w 1 Cor, LEASE AGREEMENT RENEWAL NORTH CAROLINA ORANGE COUNTY WHEREAS, a lease agreement was made and entered into as of the 29th day of August, 1983 by and between Orange County, LESSOR and Joint Orange-Chatham Community Action, Inc. , TENANT, for space to be used as a Community Center at the Northern Human Services Center, Cedar Grove, NC; WHEREAS, the LESSOR and the TENANT wish to renew the lease agreement as amended. NOW THEREFORE, LESSOR AND TENANT mutually agree to the ' following: 1 . The lease agreement will be continued for a period of one year commencing on July 1 , 1989 and ending at 12:00 midnight on the day of June 30, 1990. 2. All other terns and conditions will remain the same. This agreed to, the day of , 1989. LESSOR: ange County / BY: . Moses Carey, Jr. Chair, Orange County Hof/d of Commissioners / ATTEST: irlf‘e,40,* eg? "04-14 TENANT: Vid14-4'Th"41) VE.417-7 t Orange-C tham Community Action, Inc. ca6D . _ . . . 0111:7 I LEASE AGREEMENT RENEWAL NORTH CAROLINA ORANGE COUNTY WHEREAS, a lease agreement was made and entered into as of the 15th day of November, 1983, by and between Orange County, LESSOR and the Community School for People Under Six, TENANT, for space to be used as a Day Care Center at the Southern Human Services Center, Chapel Hill, NC; WHEREAS, the LESSOR and the TENANT wish to renew the lease agreement as amended; NOW, THEREFORE, LESSOR and TENANT mutually agree to the following: 1 . The lease agreement will be continued for a period of one year commencing on July 1 , 1989 and ending at 12:00 midnight on the day of June 30, 1990. 2. The LESSOR'S monthly utility charge shall be $325.00 per month. • 3. All other terms and conditions will remain the same. This agreed to the day of , 1989. , LESSOR: Orange County BY: Moses Carey, Jr. Chair, Orange County Hoard of Commissioners ATTEST: TENANT: Community School for' People Under Six IFS • LEASE AGREEMENT RENEWAL NORTH CAROLINA ORANGE COUNTY WHEREAS, a lease agreement was made and entered into as of the 15th day of November, 1983, by and between Orange County, LESSOR and the Community School for People Under Six, TENANT, for space to be used as a Day Care Center at the Southern Human Services Center, Chapel Hill, NC: WHEREAS, the LESSOR and the TENANT wish to renew the lease agreement as amended; NOW, THEREFORE, LESSOR and TENANT mutually agree to the following: 1 . The lease agreement will be continued for a period of one year commencing on July 1 , 1989 and ending at 12:00 midnight on the day of June 30, 1990. 2. The LESSOR'S monthly utility charge shall be $325.00 per month. 3. All other terms and conditions will remain the same. This agreed to the _______day o ,1989. LESSOR: ange County SY: • / r-- kilo es Carey, Jr. Chair, Orange County No of Commissioners ATTEST: !r_'�I. : ' 1 1 TENANT: �L� t . .. t ._► t�.t `�: Community School for Peo-le Under'Six , . • IOW gp_CA,ji 0 ktr:....0 AN .L.M.3f^"._..kk. ..!,. . • . • , I, -Bev-r ;. :1, xe , do hereby certify that I am the duly elected or appointed ard acting Secretarjr/Olerk of Orange aunty, North .. Carol-ix' la, a political subdivision or agency duly organized and ecisting urder • the laws of the State of North Carolina (the "aunty ), and that the foLl-creing • • resolutions have been presented to ard duly adapted by the Coi_ejtyommissioners at a treating duly aid regularly held and convened in ax=ordanee with applicable law on the ,20th, day of June-. , 3.91_32x . . . • • . - WHEREAS, the aunty has entered or is entering an Equipment • Lease/Nrchase Agreement -(the "Agreement") dated June 23, 1989, art! a Cceraitaent Letter (the "Letter") dated June 23, 3.989, with Gel= Firer= Corporation, a subsidiary of General. Electric Capital Corporation: ' • • NM, ' ( ORE, be it RESOLVED that the Agreement are Letter be, and is • hereby approved and that the action of the official or officals of the aunty: - in signirq the Pigreemerxt and Latter an behalf of it be, and is hereby, ratified, confirmed and approveie and be it further . RESCHLVED, that an official of the aunty be, and is hereby, authorized, • emgcwered and directed to sign cn its behalf the Agreement and any addenda, schedules, notes, I= firencing statements or other instruments issued unier - the provisions of the Agree/rest, and any other instrumertt or dccument which may be necsary or expedient in ccnnection with 'agreement upon or fulfillment of the provisions of the Agreement. • - . RESOLVED, the individual(s) named. below are the duly elected or appointed officers of the county heldirq the offices set forth opposite their • respective =nes. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and - (ii) such officers have the authority cri behalf of the Ccunty to enter into ' all documentaticn ccnn=tet1 with the Equipment Lease/Purchase Areement. . . . . , . NAME =.4 0 ormv; Moses Carey, Jr. • Chairman A • •Kenneth T. Chavious Finance Director / ok.100.714. Z • /• . . . . . . . : . ' . . . ' • IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal hereto this 24th day of July • f 3-$19.- . . • ' - . . - . . Af / '.V- er - l" _ee • - .;,,/-Ar-e. ...._._,.. . • - (SL) ""-r - Secretarytz erk . - . . i . - CERrIFICATE OF PESoLUTaciris AND.3Nc.x•'44r+crx . • _, :Beverly A. Blythe , do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of Crane County, North Carolina, a political subdivision or agency duly organized and existing under the laws of the State of North Carolina (the "Carty"), arri that the following l been presented to and dul y adopted by t q mmissionnsat meting. duly and regularly held and czo<cveee3 in . acoerdarca with applicable law on the 28th day of 'July 1198% WHEREAS, the Coact-Thee entered or is entering an Equipment- . se Agreem nt (the "Rgree st") dated June 23, 1989, and a with Geloe Finer= Ccraaitment letter (the "Ieot��l Electxic 23, 1989, tx�rpcsration; Cr+zpvration, .a subsidiazy • NV, THEREFORE, be it RESOLVED that the Agr nen and Letter be, and is - hereby approved and that the action of the official or officals of the Caterty.' • in signing the Agreement and letter on behalf of it be, and is hereby, ratified,fied, confused and approved; and be it further . RESOLVID, that an official of the County he, and is hereby, authorized, empowered and directed to sign cn its behalf the Agre ent and any addenda, schedules, mutes, UCC financing statements or other instruments issued under the provisions of the Agre nit and any other instrument or doo er t which may be cagy or expedient in tion with agreement upon or fulfillment of the provisions of the Agreement. • • RESOLVED, the individual(s) named below are the duly elected or appointed officers of the Cxxmty holding the offices set forth cite their • respective nom. I further certify that (i) the signatures set opposite their respective rases and titles are their try and sigre•teires and,enter into (ii) ski officers have the authority cn behalf of lease/Purchase Agreement.r • all domasmeiztaticn connected with the Equipment • 12.= -1 ee._►.e_ Moses Carey, Jr. Chairman ' Al Kenneth T. Chavious Finance Director 7 • r IN ICINESS Va F, I have duly ecce=ted this certificmte and • affixed the seal hereto this 2 4 th day of July ,, 1. • (SQL) :• .. ( /e edc 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: LEASE RENEWAL; EFLAND RESCUE UNIT BUILDING DEPARTMENT: PURCHASING & CENTRAL SRVCS.PUBLIC HEARING YES: ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES XE: Telephone Number- Hillsborough -732-8181 Chapel Hill Mebane EXT 498 LEASE RENEWAL -967-9251 -227-2031 Durham -688-7331 PURPOSE: To approve lease renewal between the Efland Rescue Unit, Efland Volunteer Fire Company, Inc. and Orange County for the building used as the Efland Rescue Unit Building in Efland, North Carolina. BACKGROUND: An agreement was entered into in July, 1985 between the above named parties for a building to be used as the Efland Rescue Unit Building. The lessor is desirous this arrangement to be continued under the same terms and conditions. RECOMMENDATION: To approve lease renewal with the Efland Volunteer Fire Company, Inc. , for use of the Rescue Unit Building, commencing July 1 , 1989 through June 30, 1989. 6. A a bp LEASE AGREEMENT Co Dl RENEWAL • NORTH CAROLINA ORANGE COUNTY WHEREAS, a lease agreement was made and entered into as of the 5th day of July, 1985 by and between Efland Rescue Unit and Efland Volunteer Fire Company, Inc. , LESSOR, Party of the First Part, and Orange County, LESSEE, Party of the Second Part, for premises known as the Efland Rescue Unit Building in Efland, North Carolina. WHEREAS, the LESSOR and the LESSEE mutually agree to the following: 1 . The lease agreement will be continued for a period of one year commencing on July 1 , 1989 and terminate at 12:00 midnight on June 30, 19,04; 2. All other terns and conditions will remain the same. •nankik,.. This agreed to the aw day of 1989. PARTY OF THE FIRST PART: , BY: W.C. DAWKINS FOR EFLAND RESCU. UN T • AND EFLAND VOLUNTEER FIRE CO. , LESSOR BY: iki:?et4...f Y /LDKR, FOR EFLAND RESCUE UNIT D LAND VOLUNTEER FIRE CO. ,LESSOR PARTY OF T. : COND PART: BY: 11 / i• / MO ES - .REY, JR ' CHAIR, ORANGE COUNTY BOARD COMMISSIONERS • • 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE JUNE 28, 1989 SUBJECT: BID AWARD; CONSULTING SERVICES FOR TELECOMMUNICATION NEEDS ***************************************************************************** DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING YES X NO ***************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES BID TABULATION EXT: 49$ PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 *************************************************************M*************** PURPOSE: To consider awarding a bid for consulting services for telecommunications needs for Orange County. BACKGROUND:The telephone system presently used by Orange County does not meet present and future needs. Therefore, the County must either expand the present system or acquire a new system that allows for future growth. To ensure Orange County's needs are met, the services of an unbiased consultant to; conduct an overview of present and future telecommunications needs, design a system and development specifications, assist in evaluating proposals received from vendors and monitor implementation of hardware and software by the successful vendor. Proposals were solicited from qualified consultants. Communications Consultants Corporation of Virginia submitted a proposal for the most comprehensive service at the best price. Their bid for all services was a fee not to exceed $17,850.00. Attached is a tabulation of the bids. We anticipate soliciting bids for the system in the fall of 1989 with the system installed and operational by late spring, early summer 1990. RECOMMENDATION: Award the bid to Communications Consultants Corporation of Virginia for a fee not to exceed $17,850.00 1 2 i W a 1 .. U H Z -- H ELI A O o A Pa M, U w 4 a El H H a °j r: . .) 11 IA GD u rt 5 41 H �� h � y � 0 V .44: ~~ R� 3 .111 a W — J t c A a0 az i aHr� q O 1 © U Ei 1 co HuQ „" `..§~ Ew a (N.,1, ' 0 co lo , ! �,;� a i� w 4 f z H a f 1 Z a .. .. a Z0 a H 0 HZ H • H W A C+ _ O 2 2 H0 a A H a CA CO 4 as u u° ei Z P a it 4f Sx 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM1 ABSTRACT Meeting Date: June 28, 1989 SUBJECT: CONTRACT APPROVAL; JAIL MEDICAL SERVICES DEPARTMENT: PURCHASING & CENTRAL SRVCS. PUBLIC HEARING YES: NO: XX ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT 498 CONTRACT (under separate cover) Telephone Number- Hillsborough -732-8181 Chapel Sill -967-9251 Mebane -227-2031 Durham -688-7331 PURPOSE: To consider an agreement with Orange Family Medical Group P.A. , Inc. to provide medical care to inmates in the County's jail . BACKGROUND: State law requires that medical care be made available to all inmates held in the County jail . Orange Family Medical Center has provided the service since July 1 , 1985. Both parties to this agreement are satisfied with the arrangement and are therefore prepared to contract for a period of one year. The Medical Group has agreed to maintain the same monthly rate, $550 per month, $6,600 per year. As in year's past, the County will be invoiced separately for lab fees and x-rays according to the attached fee schedule. You will note that the name of the Medical Center has been changed to Orange Family Medical Group, P.A. , Inc. The Center has recently undergone major organizational changes and. is now a privately owned facility. Although the ownership has changed, the care providers will remain the same. RECOMMENDATION: Approve a contract with Orange Family Medical Group, P.A. , Inc. for medical services at the Orange County Jail through June 30, 1990; for a fee of $6,600 per year; and authorize the Chair to sign on behalf of the Board. =.21et r ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA ...111anageti officf. Elatisfsd 7752 • MEMORANDUM TO: Orange County Commissioners FROM: John Link, Orange County Manager RE: Agenda Item F-20 -- Contract Approval- -Jail Medical Services DATE: June 27, 1989 The attached contract for Jail Medical Services as described in Consent Item F-20 is attached and being sent to you under separate cover as noted on the abstract. FILE: JAIL.DOC • • • NX=.102SliaaSOCiraRmizamm ‘.-42 g- ) Py 111 °V • AGREEMENT BETWEEN ORANGE COUNTY AND ORANGE FAMILY MEDICAL GROUP, P.A. This agreement is made and entered into this the 1st day of July, 1, 1989, by and between Orange County, a body politic and corporate organized and existing pursuant to the Constitution and laws of the State of North Carolina, hereinafter referred to as "County" and Orange Family Medical Group, P.A. , a professional association organized and existing pursuant to Chapters 55 and 55B of the North Carolina General Statutes, hereinafter referred to as "Medical Group. " W I T N E S S E T H: WHEREAS, County desires to contract with Medical Group for the provision of primary medical services for the Orange County jail, and WHEREAS, Medical Group desires to provide those services, NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants and conditions, County and Medical Group agree as follows: A) Medical Services: 1) Medical Group shall provide medical personnel who are qualified in their respective fields and who maintain applicable licenses and registration to perform the necessary medical practice required by this agreement. 2) Medical Group shall be responsible for the health program of the jail. All medical procedures and decisions shall be followed and made by the responsible physician, in accordance with accepted methods and procedures, state and federal law and consistent with any local health ordinances. 3) Medical Group shall process inmate health complaints daily. If it is necessary that Medical Group examine an inmate, that examination will take place as soon as practicable after determination is made that an examination is necessary. All such examinations shall take place at the jail, at the office of Medical Group, or other health care facility at the discretion of the attending physician after consultation with the sheriff or his designee. 1 4) Medical Group shall conduct a sick call once per week at the jail. 5) Medical Group shall conduct, at the jail, a health appraisal of each inmate within 14 days after the inmate's arrival at the jail. 6) Medical Group shall provide for administration of injections to inmates in situations where the inmate cannot administer his/her own injection. 7) All admissions for hospital or emergency care shall be to the North Carolina Memorial Hospital at Chapel Hill, Durham County General Hospital or such other qualified hospital as designated by Medical Group. 8) County will provide adequate space, security and non- medical supplies and equipment in the jail for Medical Group to use in meeting the terms of this agreement. 9) County will perform receiving and screening on all inmates upon their arrival at the jail. II) Policies and Procedures: 1) Medical Group and County agree to negotiate a contract for the preparation by Medical Group in cooperation with County of •a manual of written policies and defined procedures which will meet Orange County's and the sheriff of Orange County's responsibilities under N.C. Gen. Stat. Sections 153A-224 and 153A-225. The points of negotiation shall be limited to the time provided for the preparation of the manual and the compensation to Medical Group for its preparation. If the parties agree to the time for and cost to County of the manual preparation, they will reduce their agreement to writing. The manual shall contain provisions for: A) implementation and maintenance of medical services as described in section a of this agreement; B) health record patient folders on any inmate who requires intervention after initial screening which shall contain at a minimum: - patient authorization for release of all information contained in the patient health record; - completed receiving and screening forms, if applicable; 2 t + - health appraisal data forms; all findings, diagnoses, treatments, dispositions; - prescribed medications and their administration; - laboratory, x-ray and diagnostic studies; - signature and title of each documenter; consent and refusal forms; - place, date and time of health encounters; - discharge summary of hospitalizations; - health service reports (e.g. , dental, psychiatric and other consultation) . C) develop health record transfer practices and record retention policy; D) paper management of pharmaceuticals including the following stipulations: - adherence to state pharmacy law; adherence to federal controlled substance act; - re-evaluation of prescriptions before renewal; - maximum security of pharmaceuticals, syringes and needles; prohibition . of misuse of psychotropic medication. E) a training guide for jail employees which would cover; - action required for potential emergencies; %signs and symptoms of an emergency; • - obtaining emergency care; - patient transfer procedures; chemical dependency and emotional disturbance; 3 - health and hygiene; receiving and screening. F) the following miscellaneous items: - standing orders for inmates in: isolation, chemically dependent, detoxification, and special medical care, hospitals, need of preventative care, chronic care, convalescent care; - health kit contents, number, location and inspection procedures; - access to diagnostic services; - notification of next of kin for serious illness, injury or death; - coordination/notification of medical examiner for post-mortem exam; - coordination with other County departments on health inspections and the facility's disaster plan; peer review; information sharing; psychiatric patient handling; - transfer of ill patients. 2) County reserves the right to require any modifications to the manual that it deems reasonably necessary to provide adequate policies and procedures which meet its responsibilities under federal, state and local laws. 3) The manual after completion will be the exclusive property of County. C) Reporting: 1) Medical Group shall meet at least quarterly with the sheriff to discuss the inmates' health care status and the facility health care plan. 2) Medical Group shall submit a quarterly report to the sheriff which will include: 4 A) the effectiveness of the health care system; B) description of any health environment factors of importance; C) program changes since last report. 3) Medical Group shall prepare an annual statistical report which indicates the number of inmates receiving health services by: A) disease diagnosis category; 13) referral to specialists by specialist area; C) hospital admission by reason; D) injuries/accidents by type. D) Insurance and Indemnification: 1) Medical Group will insure itself for general comprehensive liability, professional liability and errors and omissions coverage in the amount of $1,000,000 with county named as additional insured on the policy. A certificate of insurance evidencing the above coverage will be provided by Medical Group to County upon execution of this agreement. Each physician of Medical Group shall be covered by professional liability insurance in the amount of $1,000,000 or be self-insured for the same risks to an equal or greater degree of coverage. A certificate of insurance or satisfactory proof of self-insurance evidencing this coverage will be provided by Medical Group to county upon. the execution of this agreement. 2) Medical Group shall indemnify and save harmless County, its agents and its employees from and against any and all suits, claims, actions, losses, costs, penalties, and damages of whatsoever kind or nature arising out of or in connection with its practice of medicine as described in this agreement. E) Payment: 1) Medical Group shall be compensated as follows: A) Six Thousand Six Hundred Dollars ($6,600) per annum to be paid in equal monthly installments of $550.00 each. This compensation is for all services 5 . described in this agreement performed by Medical Group during its normal business hours including the 52 sick calls and all other visits to the jail, the office of Medical Group or such other health care facility selected by the attending physician pursuant to Section A of this agreement. B) In the event a jail inmate requires treatment or otherwise must be seen by Medical Group other than during the normal business hours of Medical Group, Medical Group must be compensated for each such treatment or visit at the emergency services fee schedule of Medical Group in effect July 1, 1989. Medical Group shall provide County with its normal business hours and with a schedule of its emergency service fees and its holidays for the. period July 1, 1989 until June 30, 1990. Any changes in the normal business hours or schedule of holidays during the term of this agreement shall be provided to County as soon as adopted by Medical Group. C) Charges for laboratory fees, x-ray, suture materials, sterilized instrument usage and medication if purchased by Medical Group for use in connection with this agreement will be invoiced separately to County at cost. F) Term: 1) This agreement shall run for one year from the 1st day of July, 1989 to the 30th day of June, 1990, and shall be renewable upon written notice executed by both parties. G) Termination: This agreement or its renewals may be terminated at any time without penalty by either party, provided that notice of such termination is furnished to the other party in time to properly arrange for professional coverage. In the event of such termination, any payment due shall be prorated to the date and time of termination. This agreement contains the entire understanding of the parties and cannot be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. The laws of North Carolina shall govern the validity and interpretation of this agreement. 6 s • • 1 • • s IN WITNESS WHEREOF, the parties have hereunto signed this agreement in their official capacities on the day and year listed below. ORANGE COUNTY ORANGE FAMILY MEDICAL GROp, P.A- ‘.1 I IA MOSES CAREY, JR. ARTHUR AXE CHAIR, ORANGE CO , PRESIDENT BOARD OF COMMISS ,IIN RS THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. ? - FINANCE DIRECTOR DIRECTOR 7 • u5Ts oq usuraTsqp azTaoqqns pue aogoaaTa 6uTsegoand pus Icauaolw Aguno0 Aq pauTmaalap su Xasssaoau suoTsTAaa uodn qua6uTquoo uoTqsaodaop reTousuTa ooTao =a; resodoad anoaddv : (S)NOTIVON3WHOOUIT .paaal;o AisnoTAaad aqq. ;o peagsuT sT Tssodoad sp qq. uT ages qsaaaguT aqy -1.uama6usaas paAoadds ATsnoTAaad aqq, se SW-794 91111VS .9114 ATIsTqusqsqns seq JuoTqsaodaop reTousuTg ooja0 qq.Tm resodoad aq/ -mea6oad asugoind assaT s ,aauoTssTmmoo Aqunoo ;o uoTqeToossv .0.61 aqq„ Aq panoadde SUOTTSU O ood aLj q. uT osts sT goTqm 'uoTqsaodao0 reTousuTa ooTao JuoTqnqT4suT aaqqous qq.Tm qaequoo apem St[ uoTun qsaTa .A4unoo aqq ql.Tm Imamaaa5s us goes OUT aaqua O aiqs qou aaam Aaqq. anssT puoq quaoaa ;a unom q4 oq anp qeqq. uoTua 4saTa Aq pazTTuaa sem 4T Jisn.oadds sTqq. quanbasqns .aasmpasq amsa;uTsm aa4ndmoo ;o aseqoand at ao; suTioaso qqaoN ;o Nusia isuoTqrN uoTun qsaTa 1.14Tm paAoadds sem Ivsodoad aseqoand assar 6uTqaam pas08 686T 's aunt egg j :armouomova •axempasq amsiyuTsm aalndmoo Jo; Tssodoad aseqoand assat ;o TsAoadde aapTsuooaa 0L :asoduna TEEL-889 - megana TEOZ-LZZ - ausqaw 10SV-896 Tadeq0 1918-?EL - Onoaoqs ITTH -aaawmi alloaaaqax. snoTAs q0 uaN :=VIN00 NOTIVWBOANI Tssodoad : (s)INaWHDVIIV X :ON :SSA maxim 0I2SEld sousuTA :xsapaavaaa Tesodoad aseqoand aseaq aa4ndmoo ;o uoTquaapTsuooali : L3arrnS 686t '9Z aunr :a4PO BuTlaaw IDWITSIUN waLI WINROV MOLLOY •obi luau epuaBv uoTqoy SIIHNOISSIWW00 AO GUNO*1 xisnoo ammo etosv ir atf. FINANCE DEPARTMENT *:•- -40 '41, • .64 tsb m00% ORANGE COUNTY NORTH CAROLINA • • To: County Commissioners John Link, County Manager From: . • Ken Chavious, Finance Director /fr.'''. • Subject: Abstract Revision Item F-21 . Date: June 26, 1989 Based on.the County Attorney' s review, the attached agenda abstract has been revised. The recommendation has been .changed to make approval of this item contingent upon revisions needed in the agreement. This abstract replaces item F-21, which is the reconsideration of a lease purchase proposal for computer equipment. The recommendation is the only change from the original abstract. . • • • • • • • , . i • • • • no r-rvr CTV V'C'T .. PnY R1 R1 HILLSBOROUGH.NORTH CAROLINA 27278 • 919/732-8181 2 • 3003N This instrument has been preauditeci • in the manner required by the local. Government Fidget and Fist O:*tzol Act. Signed: Finance Director IZf.SE/PL1Rf. SB, ' TELLS Emmert IEASWWPa1A,SE AGREEMENT, dated as of awe 23, 1989 between MUM FINANCE QORFORATICti, a subsidiary of General Electric Capital Corporation ( ssar"), and ORAN3E cxXJN1'Y, maw CAROLINA, ("Lessee"). WITNES .$ $TH: WHEREAS, lessor desires to lease the Equipment (as hereinafter defined) to lessee, and Lessee desires to lease the Equip/sat true Imo', pursuant to the terms and conditions hereinafter set forth NUJ, THEREFCiRE, for and in consideration of the premises and of the covietnannts hereinafter contained, and other valuable considerations, the parties hereto agree as follows: SEJCITCIe 1. 1 tF'HITICi�tS • few purposes of this Agreement and related documents, the following defin:iticros will apply: 1.1 �.e A of rm,d,agg. The dociment(s) nod or here-after fr s time to time attached hereto and incorporated herein by reference and signed by the parties ludo, am org other things, deseribes the Equipment to be leased by lessor to lessee, describes the lease term for the Equipment listed thereon and lessee's obligations with respect to payment. 1.2 iE . 'the goods eerated an each Schedule A of Leased/ Eurtased Equipment that is now or may hereafter from time to time become attached hereto and incorp..ated herein by reference, together and with any and all a3ditians, modifications, attachments, repl is and parts thereof. 1.3 Date. Unless otherwise agreed to by the prior written cent of lessor, the Equipment installation date. • 1.4 �n of the Equipment ani�izes le so d' funds for SDCPIC@i.2. LEASE • lessor hereby resits and leases to Lessee, and Lessee hereby resits and leases free Lessor, the Equipment listed on any Schedule A of I /Purdnased Equipmennt maw or hereafter free: time to time attached hereto and inc rrporated herein by reference. SEG3'ICN 3. TEfd4 'the lease term for each Sc ule A of L /Purchased Equiprxtt shall cacmewe an the t n. at Date set forth therein and shall terminate, ex ept as otherwise expressly provided herein, at the expiration of the prriod set forth in su hh Sd mile A of to /Purchased Equtipmernt. SECTICM.4. 12ENTAL F91 VIM'S 4.1 mgnaunt aid_Times o - . As rental for the Equipment, Uessee hereby agrees to pay Lessor the amounts specified in cacti Sd kil e A of Lease d lei Equipment at the: times and in the marnncr set forth therein. Rev. 6/88 3 4.2 Place of Payments. All payments required to be nade to Lessor hereunder shall be nede at Lessor's principal office or as ray be otherwise directed by Lessor or its assignee. 4.3 late charges. Should Lessee fail to pay any part of the rent or any other sum required to be paid to Lamar within fifteen (15) days after the clue date thereof, Lessee shall pay a late payment charge equal to four percent (4%) of the delinquent payment, or at sixth higher rate as may be permitted by applicable law. 4.4 Abatement of payments. There will be no abatement or reduction of payments by Lessee for any reason, including but not limited to, any defense, recd ent, setoff, counterclaim, or any r_la1m (real or {icy) arising , of or related to any defects, damages, malfunctions, Ibreakdaens or infirmities of the Equipment. lessee assumes and shall bear the entire risk of loss and dame to the Equipment from any cause whatsoever, it being the intention of the parties that the rectal payments shall be made in all events unless the obligation to pay rental is terminated as otherwise provided herein. 4.5 ,Allocation of Interest. A portion of each rental payment shall be allocated to interest in accordance with the amortization schedule attached to the Schedule A of /eased/Purchased Equipment and its corresponding Acceptance Certificate. SFICIIC1N 5. RESFONSISIIITIES OF LESSEE 5.1 care and use. Lessee shall use the Equipment in a careful and proper manner, In appliance with all applicable laws and regulations, and at its sole cost and expense, service, repair and maintain the Equipment so as to keep the Est in good condition, repair, appearance and working order for the purposes intended, ordinary wear and tear.excepted, and shall replace any part of the Equipment as nay from time to time becalm wizen out, lost, stolen, or damaged or is unfit for use. Any and all additions to or replacements of the ..' uipm t and all parts thereof shall Constitute accessions to the Equipment and shall be subject to all, the terms and conditions of this Aunt and included in the term "Equipment" as used in this Agreement. If requested by lessor, lessee shall enter into or cause to be entered into, aid neintained in full, force and effect during the term of this Agreement, standard maintersenoe contracts satisfactory to Lessor covering the Equipnent and shall comply with all its obligations thereunder. lessee shall furnish wider= to Lessor of such signed maintenance agreement at or prior to the date of this Agreement and the payment of all charges and premiums therefor. Substitute maintenance nay be used if necessary and if first approved by Lessor in writing. Upon the early termination of this Agreesaent pursuant to Sections 11 and 12, lessee shall return the Equipment at its sole expense to Lessor at a place designated by lesser in the same c a ditian as originally received, ordinary wear and tear excepted, and in a condition which will permit Lessor to be eligible for such standard maintenance contract without incurring any expense to repair or rehabilitate the uip a nt. 5.2 Inspection. Lessor shall have the right upon reasonable prior notice to Lessee to enter into and upon the premises where the Equipment is located to inspect the a nip _nt and observe its use clerks; reermai. business ]ours. 5.3 tJtilitiee. Lessee shall pay all charges for gas, water, steam, electricity, light, heat or power, telephone ar other utility service furnished to or used on or in connection with the Equipment during the lames term. There shall be no abatement of rental on account of interruption of any such services. 5.4 Taxes. Lessee agrees to pay when due any and all taxes relating to the Equipment and lessee's obligations hereunder, including but not limited to, all license or registration fees, grass receipts tax, sales and use tax, if applicable, license fees, documentary stamp taxes, rental taxes, assessments, charges, ed valorem tamper;, excise taxes, and all other taxes licenses and charges imposed on the cenership, pion or use of the Equipment by any governmental body or agency, together with any Interest and penalties, other than taxes on or measured by the net income: of Lessor. 5.5 Alterations. Without the prior written consent of Lessor, which consent shall not be unreasonably withheld, lessee shall not make any • alterations, modifications or attar tm ants to the Equip ant whirls cannot be removed without materially damaging the functional capabilities or economic 4 value of the equipment. Upon return of the Ecpipinent and at Lessor's request, Lessee at its sole cost and expense, will emcee all alterations, additions and attachments and repair the Equipment as necessary to return the Equipment to the corditian in which it was furnished, apdinary wear and tear excepted. 5.6 Transportation and Installation Charm;. Lessee shall be responsible for all charges relating to the tran ,ortatien of the Equipment to lessee's location and the installation at such location. lessor may at its option either prepay such charges and invoice lessee or forwazd'invoices to Lessee as they are received and Lessee shall remit payment within ten (10) days. 5.7 Insurance. Lessee shall maintain at its sole cost and expense insurance an all equipment cowering such risks and in such amounts with such deductibles as required, and with such insu*anea companies as shall be satisfactory to Lessor. All insurance for loss or damage Fivl 1 pvuvide that losses if any, shall be payable to Lessor. Evidence of all required liability • .insurance shall be provided to Lessor. Lessee shall pay the premiums therefor and deliver to lessor the policies of insurance or duplicates thereof or other evidence satisfactory to tinsor of such insurance coverage. Each insurer shall also agree by endorsement upon the policy or policies issued by it that: (a) it will give sixty (60) days prior written notice to Lessor of cancellation, non-rte, or material modification of such policy and ten (10) days prior written notice for non-payment of premium; and (b) the coverage of Lessor shall not be terminated, reduced or affected in any manner reg elless of any breach. or violation by Lessee of any warranties, declar-atices or condition~; of such insurance policy or policies. The proceeds of such insurance, at the option of Lessor', shall be applied: (a) toward the replacement, restoratiorn or repair of the equipment, or (b) toward payment of the obligatio s of Lessee hereunder. Lessee hereby appoints Lessor as Lessee's attorney-in-fact to make claim for, receive paymolt of, and execute all &laments, checks or drafts received in payment of lass or dam under any such insurance policy. If all or any part of the eq dpmennt constitutes motor vehicles, such required insurance shall include without 1 imitation cch�ive aubohhobile liability oevera a, medical. payments , uninsd gist coverage and physical damage coverage to include comprehensive and collision and any other insurance as may be required from time to time by any government authority as a condition or in compaction with lessee's use of the Equipment. 5.8 Risk of Ion. Lessee shall bear all risk of loss to the Equipment, and in the event of loss or damage thereto, lessee shall at its option either (1) centime to make the rental payments due hereunder and repair or replace the Equipment as mutually agreed between Lessee and lessor or (ii) purchase the Equipment for an amount equal to the remaining purchase option balance as set forth in the amortization schedule attached to the Schedule A of Equipnent. 5.9 1?erforrehlae by lessor of 's Responsibilities. Any performance requited of Lessee or any payments required to be mantra by lessee may, if not timely performed or paid, be performed or paid by Lessor, and in that event, lessor ;*hall be immediately reieiiursed by Lessee for these payments and for any costa and expense, legal or otherwise, associated with the payments or other performance by lessor, with interest thereon. 5.10 Financial Statements. lessee agrees that it will furnish Lesser at such reasonable times as Lessor shall request current financial statements (including without limitation Fee's annual budget as submitted or approved), and permit lessor or its agents aid representatives to inspect lessee's books and records and make extracts therefrom. Lie represents and warrants to Lasser that all financial statements which have been delivered to Lessor fairly x and accurately reflect La's financial condi'tiar and there has been no material adverse change in Lt's financial corditioh as reflected in the statements ert_s since the date thereof. SECTION 6. AQUIRIENP 6.1 Tittle. Title to the Equipment and any and all additions, repairs, replacements or modificatacns thereto, shall be deemed to be in Lessee from and after the date of the acceptance of the Equirment so long as lessee shall not be in default hereunder and/or this Agreement shall not have been terminated pursuant to the provisions of Section 12 hereof, and shall vest permanently in lessee teen the completion of all rental payments specified in the Schedule A 5 of leased/Purchased Equiratent, free and clear of any lien or security interest of lessor therein. Immediately upon the occurretse of an event of default by lessee hereunder or the termination of this Agreement under Section 12, title to the apiipzent (and all additions, repairs, replacements or modifications thereto) =hall revert to lessor, free and clear of any right, title or interest of Lessee unless lessor elects otherwise, without the necessity of any further action or the executien of any dactsents by the parties. 6.2 Security Agreetneft. 'lb se eze all obligations of lessee hereunder, lessee hereby grants to lessor a security interest in any and all of lessee's right, title and interest in and to this Agreement, the Equipment, all additioxs attache:ante, accessions substitutions and replacements thereto, and rental paYments due or to beccue dale hereunder, and any aid all proceeds thereof, including without limitation, the proceeds of insurance thereto. lessee agrees to execute and deliver all documents, instruments and financing statesmen necessary or appropriate to perfect or maintain the security interest granted hereby. lessor is autharized to file financirq statements without lessee's signature or to eocecute and file such financing statements without lessee's signature on lessee's behalf as specified by the Uniform Commercial cc:de to perfect or maintain lessor's security interest granted hereby. At the reenmzt of lessor, /essee will beep and maintain a Marcus marking or tag on the Equipment that a security interest therein is held by lessor. 6.3 Perscasal Proxerty. The Ecluipnent, is, and shall at all times be and remain, personal prcperty rot:withstanding that the Belipment or any part thereof may nee be, or hereafter became, in any nenner affixed or attached to, or iftedded in, or permanently resting upon, real property or any building thereon or any fixtures, or Steadiest in any wormer to what is permanent by any marts of cement, plaster, nails, bolts, scars or otherwise. 'Upon request of Lessor, lessee shall obtain, as to any place where the Equipment is located, a waiver fres the landlord and mortgagee thereof with respect to any rights they any have in and to the Equipment or the rights of levy or seizure thereon. 6.4 Liens. lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, caharge, security Interest, encumlorame or ceeim cs or with respect to the Equipnent or any interest therein, except for the lien and security interest of lessor therein. lessee shall promptly, at its 0WCA expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, security interest, charge, encumbrance or claim if the same shal l arise at any time. 6.5 Inepection, Acceptance and eritteatiotice of Defects. eneerliately upon receipt aid installation of the Bedpan*, lessee shall inspect the Egripteszt. Unless lessee gives lessor written erica of each defect or other proper objection to the Equipment before the execution of the Acceptance Certificate, it shall be conclusively preenmed, as betw-een lessor and lessee, that lessee has fully inspected.ard adowledged that the Equipment is in good condition and repair, has been properly installed aid is perfonnin satisfactorily, and that lessee is satisfied with aid has accepted the 24draent in such good condition and repair. SEC'/TON 7. WARRAIVITES AND REPRESENIZTICBS OF tEsSER lessee warrants and represents to lessor (all such representations aid warranties being =timing), and is delivering an opinion of its camel dated the date hereof, in fore and substance satisfactory to Lessor, to the effect that: (a) lessee is a state or a duly organized and validly existing political subdivision or agency thereof within the waning of Section 103 of the Internal Reverse Code and the related regulations aid rulings, and is duly authorized to enter into the transactions contemplated by this Peneement and to carry out its daligations hereunier; (b) This Agreement and all other abetment= relating thereto aid the performance of lessee's obligations hereunder have been duly and validly authorized, exited and delivered by lessee and arovid under all laws, regulation aid procedures aeplicable to lessee, soltding bit not limited to, compliance with public bidding requirenents, and constitute a valid, legal and binding obligation of lessee, enforceable in accordance with its terns; and • 6 (c) No approval or consent is required frten any govertmte t:al. authority with respect to the entering into or performer= by lessee of this Agreement and the tractions contemplated hereby or if any such approval is required it has been duly obtained. SECTION 8. TAX O)V RANPS lessee covenants that it will not take any action, or fail to take any action, if any such action or failure to take action wad adversely affect the exclusion frau grass income of the interest portion of the rentals wader Section 103 of the ode. lessee will not directly or indirectly use or permit the use of any proceeds available frau lessor or any other fends of lessee, or take or omit to take any action that would cause the leaseAurchase obligation evidenced by this Aunt to be an "arbitrage bud" within the meaning of Section 148(a) of the fie. lb that end, Lessee will comply with all r+egairenents of Section 148 of the Code to the extent a ply treble to the lease/purchase obligation evidenced by this Agreement. SECTION 9. INDEMNIFICATION lessee hereby agrees to indemnify, protect, and save lessor harmless from all liability, obligations, losses, claims, damages, actions, suits, . proceedings, costs and expenses, including attorne tie out of, caruhected with, or resulting directly or indirectly frau the Equipment, ine1udirg without limitation, the nranufac-titre, selection, delivery, paesessioe, condition, lease, use, operation or return of the Equipnent. The indemnification fication arising under this section shall centime in full farce and effect natxrithstarrling the full payment of all obligations under this Agreement or any Schedule A of Leasoifl urdhased Equipment. sECTIal 10. DISCLAIMER OF WARFAN1TES 10.1 by Iessaar. lie acknowledges and agrees that it has selected each item, type, amity, quantity and supplier of hEqui.puent based upon its own judgment and disclaims any reliance upon any statements or representations made by Lessor, and agrees that the Equipment is of a design, size, quality and capacity rd by Lessee and is suitable for its Pte. 10.2 LESSOR MARES NO WARRANTIES OR REFRESERIATIORS, =MSS OR map, AS 70 THE VATiJE, DESIGN, 02111ITION, OR FITNESS FORt A PARFIQRIAR FURP3SE OF Th E =mew Olt NW OTHER REtersEmere OR WARRANTY nu Rtsrecf '10 THE EaumEre, AFID, AS '10 =OR, LESSEE LEASES THE lid AS IS. 10.3 of ri�mc'a +-,s Wa.,a tit ies. Notwithstanding the foregoing, lessor hereby agrees to assign to lessee, solely for the purpose of making and prosemting any such claim, all of lessor's rights against the marhufact rer or supplier of the Equipment for breach of warranty or other representation respecting the Equipment to the extent the same are assignable. ' SECTION 11. OEFAUILV AND REMEDIES 11.1 Rtsfinitiat of Defa:hlt. lessee shall be deemed to be in default hereunder upon the happening of any of the following events of et'fan,t t: (a) lessee shall fail to make any rental payment or pay any other . sum when due or shall fail to perform or dasecvve any term or canditiant or covenant of this Agreement or any Schedule A of leased/Purchased Equipment hereto; or (b) lessee shall fail to satisfy any of lessee's bard indebtedness or other material credit obligations dust required under the instruments evidencing suede obligations; or (c) Proceedings under any bankruptcy, insolvency, reorganization or eiimi l er litigation shall be instituted by or against Imo, or a receiver, custodian or similar officer shall be appointed for lessee or any of its property, and such pry or appointments*s shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence tthereof• or 7 (d) Any warranty, representation or statement made by Lessee is foreel to be incorrect or misleading in any material respect on the date • made; or (e) An attachment, levy or execution is levied upon or against the Equipment: or (f) Any insurance carrier cancels any insurance on the Equipment without lessee first providing replacement cam; or (g) the Egaipment or any part thereof is abused, illegally used, misused, last, destroyed or damaged beyond repair. 11.2 idles on Default. Upon the warmer= of any event of default, lessor may exercise any CXI9 or more of the following remedies as lessor in its sole discretioer shall elect: (a) 7b declare the entire amount of rent hereinler iremiately due and payable as to any or all items of Equipment without notice or demand to Lessee: (b) Proceed by appropriate court action to enforce performance by Lessee of the applicable croverants of this Agreesent or to recover for the bids thereof including the payment of rental payments this or to become this hereunder der or any deficiency therefor following disposition of the Equipment; (c) reenter and take pcesessi:an of the Equipment calserever situated without any dart order or other process of law and without liability for entering the premises and sell, lease, sublease ar make other disposition of the same in a craensrcially reasonable manner for the account of Lessee, and apply the pr>xaeeds of any such sale, lease, sublease, or other disposition, after deducting all costs and ems, inarludirg coma costs and attorneys' fees, incurred with the recovery, • repair, storage and other sale, lease, sublease or other disposition costs, toward the balance this eider this Agreement; arel/or (d) ate this Agreemenit as to all or any part of the Equipment and use, operate, lease or hold the Equipment as Lessor in its sole discretion may decide. (e) Notleithstandirg any provisions herein it is the intent of •partties to comply with N.C. General Statute 160A-20. No deficiency jet may be entered against Lessee in favor of Lessor in violation of 160A-20. 11.3 . . A termination hereunder shall occur only upon notice by Lessor to Lessee and only with respect to such part or parts of the Equipnent as lessor specifically elects to terminate in such notice. Except as to those parts of the FY�+ip ent with respect to which there is a termination, this Agreement shall remain in full for and effect and Lessee shall he and remain liable for the full performer= of all its obligations hereunder. All remedies of the lessor are cumulative and may be exercised concurrently or separately. Me exercise of any one remedy shall not be deemed an election of such remedy or preclude the exercise of.any other remedy. SECTION 12. TE :MTICti CN AccruiT or ncti-AprimPRIATICti OF 113Nt6 12.1 Notwithstanding any contrary prvvisimh in this Agreement, Lessee nay, at its optima, terminate this Agreement en to all (but riot less than all) of the Equiprent that is the subject of this Agreement.pursuant to the Schedule A of leased/Purchased Ekgripment now or hereafter attached hereto, as of the and of l 's fiscal period, if all the following events shall have eoahrred and Lessor shall have received a written opinion tee La's cots:eel verifying the occurrence thereof: (a) Rinds mere not appropriated for any fiscal period clurirg the term of this Agreesrent in an amount egaal to the rental payeents due during cacti fiscal period for the aoquisitian of services and elections which in whole or in part are essentially the same services and functions far the performance of which the Equipment was leased; a (b) Written notice thereof was given to Lessor within thirty (30) days of the adoption of the final budget for such fiSmi year; (c) Lessee has exhausted all funds legally available far all payments due fader this Agreement; (d) Lessee properly in a timely manner =quested sufficient funds to satisfy the'oblegations due hereunder in each such subsequent fiscal year and Lessee diligently pursued and exercised all reasonable efforts to obtain such funds; and (e) Lessee has paid all rental payments due during the fiscal period immediately preceding the fiscal period for which sufficient fends were not appropriated: 12.2 if lessee terminates this Agreement became of non-appropriation of funds in accordance with the provisions of this secticxt, Lessee shall return the Equipment to Lessor at lessee's sole cost and expense, together with suds documents and assurances as lessor may reasonably fit, and therm, title to the equipment shall immediately revert to Lessor, without any further act of • cxnveyance, free and clear of any right; title or interest of Lessee unless lessor elects otherwise, and all payment obligations of Lessee shall cease. 12.3 If lessee terminates this Agreement because of non-apprtc riation of funds in a000rdance with the provisions of this section, Les 'agrees not,; to per, lease or rest equipment performing ft/nations similar to those performed by the Equipment and agrees not to permit functletzs (similar to those performed through the use of the Equipment to be performed by its am employees or by an agency or entity affiliated with or hired by Lessee for a period of one (1) year or until the expiration of the full term of this Ate, whichever period is leee er. These restrictions shall not be applirahia in the event the uip ent shall be liquidated by Lessor and Lessee shall pay to Lessor an amount equal to the then total remaining rental payments less any amount received by Lessor from the sale or other dispositiat of the Plot after deducting reasonable expenses of the tale or dispositicat thereof. SECTION 13. ASSIGNOR 13.1 Assignment jziAmme. Lessee agrees not to sell, assign., lease,pledge or otherwise encumber or suffer a lien or peal or against any interest in this Agreement or the Equipment (except for the lien and security interest of Lessor therein) or to remove the Equipment from its place of installation without Lessor's prior written consent which shall not be urmeasolably withheld. Lessee's interest herein may not be assigned or transferred by operati n of law. 13.2 As_,..s:vritligEggr. lessor may, at any time and from time to tire, assign all or any part of its Interest in the Equipment or this Agreement, including without limitation, Lessor's rights to receive the rental payments and any additictal payments due aid to become due hereunder. Lessee agrees that this Agreement may becalm part of a pool of agreement obligations at the Lessor's or its assignee's option. The Lessor or its ash may assign or reassign either the entire pool or any partial interest herein. Notwithstandine the no assignment t or this Agreement shall effecctive a shall receive duplicate original counterpart of the document by which such assignment or reassignment is made eiselo i g the nerve and address of each such assignee. lessee covenants s and agrees with Lessor and each subsequent assignee of Lessor to maintain for the full term of this Agreement a written record of each suet assignment or reassignment. Lessee bather agrees that Lessor's interest in this Agreement may be assigned in hole or in part twat terms tahiLh provide in effect that the assigner or assignee will act as a collection aid paying agent for any hale of certificates of participation in this Agreement, provided Lessee receives a 'O° such riy of agency agreenerzt and such collection std paying agent conven nts and agrees to maintain for the full remaining term of this Agreenent a written record of each ar,d assignment of soda reassignment certificates of Participatian. ttsefo all After)os the giving of notice described above to Lessee, Lessee shall payments in aoaaa dance with the notice to the assignee named therein and stall, if so =wasted, acknowledge such assignment in writing, but such adcnoile keement shall in no way be deemed necessary to make the assignment effective. 9 • SEGTItaN 14. NATURE OF AGEMEMINT Dour and lessee agree that it is their intention that, for federal. loom tax purposes, the interest of Lessor in the Equipment is as a secured party and the interest of lessee is as a debtor, and that lessor neither has nor will have any equity in the Equipment. It is the Ott of Lessor and lessee that the aggregate rental payments provided for hereunder constitute the purchase price of the Equipment together with the interest on the unamortized amount thereof over the terns of this Aged., that each installment of rent constitutes principal and interest, in ac dance with the amortization schedule attached to Senile A of lessedjanchased Equipment, which fully amortizes the purchase price of the Equipment, together with interest, aver the term of this Agreement, and that upon the due and punctual payment ani perfcnnrance of the installments of Basic Pent and other amamts and obligations sander this Agreement, title to the Eguirtment shall vest permanently in lessee as provided in this Agreement, free and clear of any lien or security of lessor or therein. sire 7N 15. MISC EIZANEUxS 15.1 Waive?:. No covenant or condition of this Agreement can be waived eimept by the written ant of lessor. Any failure of lessor to require • strict performance by Lessee or any waiver by Igor of any terms, oevenants or agreements herein shall not be construed st rued as a waiver of any other breach of the same or of any other term, covenant or agrearent herein. 15.2 severability. In the event any portico of this Agreement shall be determined to be invalid urder any applicable law, such provision shall be deemed void and the remainder of this Agreement shall continue in full force and effect. 15.3 Governing Law. This Agreauent shall be construed, interpreted and enforced in acxordance with the laws of the State of North Carolina. 15.4 Egtim. All notices aeie or required to be given pursuant to this Agreement shall be in writing and shall be deemed duly served if and%tn mailed, certified or registered mil., postage prepaid, return receipt requested, to the other party at its address set forth above or at such other address as such party shall hereafter designate in writing. 15.5 Sectriemikggimgm. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreeemet. 15.6 Entire Aare t. This Agreement, together with the schedules hereto, constitutes the entire agreement between the parties and this Agreenent shall not be modified, amended, altered or changed except by written agreemait. signed by the parties. 15.7 Welling Effect. Subject to the Iron"fir provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties and thxair respective suooesseves and assigns. 15.9 Time. Tine is of the essence of this Agreement and each and all of its schedules and provisions. 10 IN WI's VA11260F, the parties hereto have coed this Amt to be executed as of the day and year first above written. Imo: GETCD FINANES OR' RATXW, a subsidiary of General Electric Capital Corporation By: Title: LESSEE: CRINGE C NI Y, toad cA1 tLIM (om) By: Title: II 11 schedule Number I This instrument has been preaudited in the manner reguixacl by the local Government at and Vett-AI Control Act. Finance Director wagmagnamximair This Schedule A of /eased/Purchased Equipment is attached to and made a part of the Equipment Leaseipurotese Agreement between the undersigned Lessor ante lemma dated as of JUne 23, 1989. LESSOR: GELCO FINANCE CORFGRATION, a subsidiary of General Electric Capital Corporation Three Seim Drive Eden Prairie, Minnesota 55344 LESSEE: 012AME oxitrry, NORM CAROLINA P 0 Box 8181 Hillsborouh, North CaroLise 27278 1. EATMAn. The Equipment leased upon the terms and conditions crmtaincd in the Agreement is as follows: As per Acceptance cextificate(s), attached hereto and made a part hereof by this reference. • 2. IDCATION OF LPs ) EDUIPNENI. The Egtdprent Shall be located at the following address and shall not be removed therefrom without the prior written consent of Lessors 109 Court Street Hillsboroucfts, North Carolina 27278 3. 2iV £ rE. Unless otherwise agreed to by the prior written consent of lessor, the Comencement Date is the data lessor shall make payment of the pardsase price for the Equipnent to the manufacb.trer or supplier if such payment is made on the first day of the month; if Lessor should make payment of said purdese price on a day other than the first day of the month, the Commencement Date shall be the first day of the month following said payment to the manufacturer or supplier. 4. MAgainz. Unless earlier ter:mina ted in accordance with the terms of the Agreement, the term of this Agreement respecting each item of Equipment expires four (4) years, nine (9) months following the Commenomaent Date. 5. Ent124,f_MMIM. a. Interim That: If lessor:lakes payment of the purchase price for the Equipment to the manufacturer or supplier on a day other than the first day of the month, Lessee shall pay Lessor interim rent with respect to such payment in an amount equal to 7.75% per annum of equipment cost multiplied by the timber of days frau and including date of such payment to the manufacturer or supplier until the Commencement Date. b. As rent, for each item of Epipmmt, lessee shall pay Lessor tamenty (20) equal quarterly payments, in advance, each equal to a factor of .059633 of the epipmant cost of the puchase price of said item of Equipment based on an annual percentage rate of 7.75%. 6. Infm. A portion of each of the rental payments shall be allocated to interest in accordance with the amortization schedule(s) *rich will be attached hereto and made a part hereof. 12 7. 0 asi Lessee is granted a an non-assignable option to Equipment listed purchase on as is and where is basis all (but not less than all) of the hereon, thereby vesting title to the Equipaemt permanently in Lessee, for a pirrthase price equal to 102% of the prhicipal balance shown on the amortization schedule(s) which will be attached hereto and made a part hereof by this reference. This cption to purchase may be exercised by lassee as of the end of any payment period during the term of this Agreement and is conditioned upon: (a) lessee's having performed all of the term and the Agreement between the parti amditions of es and all schedules of Et:lull:mei& thereto and all other agreements between the parties: (b) lessee's giving written notic:e to lessor of its election to exercise the option not :mire than sixty (60) days nor less than (30) days prior to the expiration of any fiscal year of Lessee; thirty and (c) Lessee's payment of the purchase price in cash at the time of the exercise of the option,.together with aU taxes on or measured such purchased price. by TN WPM= WHEREOF, the parties hereto have eatecuted this as of the 23rd day Stheduie A of leased/Purchased Equipment of June, 1989. IESEZE: =tam CCUNTY, ?MR CAROIMA BY: T/TIE: tESSoR: GE= FTRANCE 0:13A3RATION, a subsidiary of General Electric Capital Corporation BY: MTH: _ • -2- 13 1003N ESSFNI" TAL USE UTTER CIO BE WRITTEN CH LESSEE'S LETTERHEAD) June 23, 1989 Gelco Finance Corporation, a sdbisidary of General Electric Capital Corporation Three Gelco Drive Eden Prairie, Minnesota 55344 Re: Equipment lease/Purchase Agreement dated June 23, 1989 Commitment Letter dated June 23, 1989 Gentle:nen: This letter is being written with respect to the use of the Equipment (herein so called) to be leased to the undersigned under the above-referenced Equipment Lease/Purchase Agreement. The Equipment will be used by (Department or Division Using Equipment) for the following purposes: (State how and for whit purposes the Equipment will be used) The undersigned hereby represents that,the, use of the Equipnent is essential to its proper, efficient and economic operation. Very truly yours, Orange County, North Carolina BY: Title 114 1005N OPINION OF cUJNSEL (10 BE TYPED ON zaToRNEyes IErI'ERHEAD) Gelco Finance Corporation, a subsidiary of General Electric Capital Corporation Three Gelco Drive . Eden Prairie, Minnesota 55344 Gentlemen: We are general counsel to Orange County, North Carolina (the "Municipality"), and have acted as counsel for the Municipality in cxmnection with that certain &pi Lease/Purchase Amt (the "Agreement") dated June 23, 1989, between yourself and the Municipality. In connection with the preparation and rendering of this opinion, we have reviewed the executed original of the Agreement and, to the extent we have deemed per, such other documents, records and certificates of the Municipality, and all of the proceedings taken by the Municipality to authorize and execute the agreement, as we have deemed necessary and relevant as a basis for the opinion. Based upon the foregoing, it is our opinion that; 1. The Municipality is a state or a duly organized and validly existing political subdivision or-agency thereof within the meaning of Section 103 of the Internal Revenue Code and the related regulations and rulings, and is duly authorized to enter into the transactions contemplated by the AgreEnent and to carry out its obligations thereunder. 2. 'the Agreement and all other documents relating thereto and the performance of the Municipality's obligations thereunder have been duly and validly authorized, executed "and delivered by the Municipality and approved under all laws, regulations and procedures applicable to the Municipality, itreluding but not limited to compliance with public bidding requirements, aril constitute valid, legal and binding obligations of the Municipality, enforceable in accordance with its terms. 3. No approval or consent is required from any governmental authority with respect to the entering into or performance by the Municipality of the Agreement and the transactions contemplated thereby or if any such approval is required it has been duly obtained. Yours very truly, • Attorney for the Municipality 15 June 23, 1989 Kenneth T. Chavious Deputy Finance Director Orange COunty P. O. Box 8181 Hillsborough, North Carolina 27278 Dear Mr. Chavious: It is a pleasure to inform you that we offer to enter into a leasqfpurchase transaction with you under the terms of the Equipment lease/Purchase Agreement dated as of June 23, 1989, between Gelco Finance COrporaiton, a subsidiary of General Electric Capital Corporation as Lessor, and Orange County, North Carolina, as Lessee, and upon the following additional terms and conditions: EQUlmENT: Comiter LOCATION: Hillsborough, North Carolina COST OF EQUIPMENT: Up to $225,000.00 in the aggregate TERM OF LEASE: Four (4) years nine (9) months FEW: Lessee shall be required to make twenty (20) consecutive quarterly payments, each payable in advance, each equal to a factor of .059633 of the actual equipment cost. Based on the above anticipated equipment cost, each quarterly payment will be equal to $13,417.44, at an annual percentage rate of 7.75$. INFORMATION REPORTIM REQUIREMENT: For single fundings over $100,000, IRS Form 8038-G rust be filed by the 15th day of the second month after the calendar quarter during which the funding occurred. For single fundings less than $100,000, a consolidated report must be filed using Form 8038-GC. This form is filed annually, not later than February 15th of the calendar year following the year in which the funding occurred. 16 INSURANCE REICK IREi4ENP: As set forth in the attached Exhibit A with policy holder as Gelco Finance Corporation, a subsidiary of General Electric Capital COrporatican. EXPIRATION DATE OF THIS ac rlfENP: Sept it er 30, 1989. We may terminate cur obligations under this letter aunt upon the expiration date if the equipment has not been accepted by you and the necessary schedule(s) have not been executed. At such tin' you shall be liable to purer from us such equipment as we have purchased, or have become obli ted to purchase. 9a It is understood that we are not bound, by the oral or written statement of any employee or agent of ours, and that our obligations are contained only in this letter or any amendment to it in writing, signed by our authorized officer. If you agree to enter into a leasing transaction on the terns set forth in this letter, in the Equipment Lease/Purchase Agreement and in the schedules Please indicate cate your acceptarre by delivering t e following to us within fifteen (15) days frcan the date of this letter: 1. The Lessor counterpart of this letter executed d by the County; 2. Both counterparts of the enclosed Equipment Lease/Purchase and/or Schedules executed by the county; Agreement 3. A certified copy of the Board Resolutions and Incumbency Certificate; 4. A letter from the County describing the essential use of the equipment; 5. UOC Financing Statements; 6. Opinion of Counsel; 7. Insurance Certificate with Loss Payable Endorsement naming Gelco Finance Corporation, a subsidiary of General Electric Capital Corporation; and 8. Vendor Assigrnment. By your acceiXtence hereof, you agree that this letter beaoanes a part of the Equipment /Purchase Agreement referenced above. • 17 Please be assured that we shall be certain that you receive the best and most efficient leasing service. Sincerely, GEL(X) FINANCE CORP:RATION, a subsidiary of General Electric Capital Corporatim • • David A. Glessner Vice President We hereby agree to enter the equipment leasing transaction described above on the terms and conditions set forth above and agree that the foregoing letter shall be a part of the Equipment lease/Purchase Agreement referred to in such letter. ORANGE coUNITY, NCREII CAROLINA BY: TrrIE: WED: 18 . Enra3IT A INSURANCE E REQUIRE MENT The leased equipment is to be covered at all times by insurance in form and amount and with a company or companies approved by us. All insurance policies must state that the coverage of Lessor shall not be terminated, reduced or affected in any manner regardless of any breach or violation by Lessee of any warranties, declarations or conditions of m.x i insurance policy or policies (or similar wording) . Please supply Gelco Finance a Corporation, a subsidiary of General Electric Capital Corporation, These Gelco Drive, Eden Prairie, Mirusota 55344 with evidence of the cover ages indicated below: - GENERAL LIABILITY - Coverage shall be at least a combined single limit of 51.000,000.00 (one million dollars) . -- PHYSICAL DAMAGE - Coverage against AIL RISKS, including theft, and direct physical loss or damage for the actual cost, naming Gelco Finance Corporationn, a subsidiary of General Electric Capital Cbrporaiton as Loss Payee under a properly executed Lender's Loss Payable Endorsement. A copy of this Loss Payable Clause must accompany the certificate. The deductible shall be no greater than 52.500. - SIXTY (60) DAYS - An endorsement shall be added providing for sixty (60) days written notice prior to cancellation, material change or non-renewal to Gelco. Ten (10) days for non-payment of premium. tic/Withstanding any exclusion in your insurance coverage, you shall be liable for loss or damage of the equipment from every cause whatsoever as set forth in the Iea^e. A signed certificate and a copy of all endorsements are required before any of the equipment applicable to this Commitment letter will be funded. Please enclose evidence of the foregoing coverage with the return of the executed copy of the Commitment Letter. The insurance agency which will provide the above coverage for the equipment named in this Commitment latter will be: AGENT' NAME: • ADDRESS: PHONE: 'the individual to contact at LESSEE regarding insurance is: NAME: POSITION/TITLE: PHONE: Please furnish your insurance agent with a cry of this Exhibit A in order for the correct insurance requirements to be met. 19 • 300211 11004 Oh ree ces II II • do hereby certify that I am the duly elected or appointed aid acting Sectary/Clerk of Orange County, North Carolina, a political subdivision or agency duly organized and existing under the laws of the State of North Carolina (the "Comity"), and that the following resolutions have been presented to and duly adopted by the eardance with at a meeting duly � regularly held aid in applicable law on the WHEREAS, the County has entered or is entering an Equipment lease/Purchase Agreement (the "A t") dated 3xne 23, 1989, and a cennitment Letter (the "Letters') dated June 23, 1989, with Gelco Finance Corporation, a sunbsidiaxy of General Electric Capital Corporation; , THEREFORE, be it RESOLVED that the Agreement and Letter be, and is hereby approved and that the actin of the official or officals of the County, in signing the Agreement aid letter on behalf of it be, and is hereby, ratified, confirmed and approved; aid be it further RESOLVED, that an official of the Oeunty be, and is hereby, authorized, erpcuered and directed to sign on its behalf the Agreement aid any addenda, scales, notes, IX= financing statements or other instruments issued under the provisions of the Ault and any other instrument or but which may be necessary or expedient in connection with agreement upon or fulfillment of the provisions of the Agreement. RESOLVED, the individual(s) named ed below are the duly elected or appointed officers of the County holding the offices set forth opposite their respective names. I fUrther certify that (i) the signatures set opposite their respective ices and titles are their this and authentic signatures and (ii) such officers have the authority on behalf of the County to enter into all documentation =greeted with the lqutipment lease/Purchase Acct. nrog MINI= IN WITNESS WHEREDF, I have duly executed this certificate and affixed the seal hereto this day of (SEAL) Searetary/Clerk • 20 3002N AND �4�� !yli!J `4 • elected or appointed and acting�` do ' certify that�I am the duly Carolina, a political. subdivision or a agency duly of Orange County, North the laws of the State of North "Q o tai Mating under =solutions have been/Presented Carolina "County"),r 1 that the following the accordance with applicable law q the duly and la regularly held and crammed in 19 ` /A FAIMA,S, i (the *Agreement")or is Lea:° entering an Equipment cktanitmettt letter "Letter") dated Jtme 23, 1989, and a (the dated 3ba a 23, 1989, with Celt= Finance corporation, a subsidiary of General Electric capital Corporration; hereby THERD-oRE, be it RESOLVED that the Agreement and Letter be, and is approved and that the action of the official or offirle of the County, in confirmed and and letter on behalf of it be, and is hereby, ratified, approved; and he it further RE'orWEO, that an official of the qty be, and is cappowerml and directed to sign c n its behalf the hereby, authorized, schedules notes, UCC financing statements or oth�x tend any addenda, the provisions of the Agreement and any other i tir instruments under may provisions oexpedient with t upon of RESOLVER, the individual(s) named below are the duly elected or appointed officers of the County holdirg the offices set forth their-'tive r�s. I further certify that (i) the signatures st c menj their 'ti'e names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of the County to enter into connected with the Equipment lease/Purchase Wit. 4GNArnAnt • • IN affixed the seal WHEREOF, I have of this certificate and , 19• • • (SEAL) Setary/Cleric • • ..,...-.... •, .... .. -0.---.: - w ScheaD le:Numher I ill‘tis iri5t1treritrecpilleda5 .beectl •Preal3rilt°1 ill the 'Avner ' by the IP Pcal Governmeniat. t Wage. and Fiscal Control . . i ...,- 7 7 Finance Directar ScFaDriLE ii. TEP-56) - 100 1. OF 2t0 20 0 Ir IV 1/11,e Sobeaae ;k. _„,p1.0aseal..7arilasede ?,tv€013713/ -t:Tvellt, iS attredloorsr ar_lia, irsa: a part of the Ecluipttetit bei,geen the 3... -t•• and lessee dated a.s of June 231 190. LESSOR; CELCO FINANCE CCE?OSATIOR, a sabsidiall Of General Faectrlo capital Corporatelon Toree Gelco Draliviennesota 55344 Wen Prairie, 17BSEE: Olest5E 0:0ITY, 110grra. CaDIDIP,. P 0 ?plc 818l Billslootc$41., North Carolina 27278 ---'rroilvetTrig0 tihe Ecillipment. leased upon the terms era conatilon* s 2cca--:tirled 3.11.. the.Is.geenlent. 'is as tollatisz As peX tar certificate(s) , attached ereto and lode part --.f . _ • by this refers, E 0 . Ille gui_pttertt. shall._ thhe loca toted_ lolt. - following adares5 and shall not he removed therelwIlothoic,. pr3. •consent a vassor; 1:39,31CsbcfroxPt Stxee:stottb. catolina 212/2, 0:141„.-0-a.-CEVIDTPcceess otherle ta• e aspediersobry the • \ ccirl5en:;t II2'ss°r1 the' • Dal! istba da ' ---t". or supplier st2 af 'tb )11cctlase 'ri°e tc'r the:EIVI 'It.Z111 ''ar;. ‘10°3tesCIIIs#M4. -should.-maXe paynertt .-....crtng.r.ri- !•k . Iritatu eel the first daV of the ; if .. .. _ I 1 1 L., ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No F-24 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1988 SUBJECT: Adoption of End of Year Project Ordinances DEPARTMENT: County Manager PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: County (1) Grant Project Ordinance Manager (2) Capital Project Ordinances TELEPHONE NUMBER - Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To adopt a Grant Project Ordinance amendment for the Section 8 Program for 1988-89 and to adopt Capital Project Ordinances for the upcoming 1989-90 fiscal year. BACKGROUND: The following project ordinances are required for end of year accounting purposes: The Orange County Housing and community Development Department has received authorization from HUD to change their fiscal year to coincide with the County's - July 1 to June 30. In order for this to occur, additional funds have been received from HUD for the current year to cover expenditures through June 30, 1989. This amendment will increase the 1988 Housing budget by a total of $1,569,676. Orange County has received additional Senate Bill 2 funds from the State. A portion of these funds ($53,418) will be used in the Reservoir Siting Capital Project. The original scope of the project will be expanded to include topographical mapping of and engineering services associated with alternative reservoir sites. The remainder of these funds ($4,015) will be used to study alternative wastewater systems in Orange County. It is necessary for the Board to adopt capital project ordinances for the following projects for the 1989-90 fiscal year: Information Networking Project Northern Human Services Center Project Richard E. Whitted Human Services Building Capital Project 2 In addition, it is necessary for the Board to adopt capital project ordinance amendments for the following capital projects: Remapping Project Rural Education Center Project RECOMMENDATION: (1) Approve motion to adopt the Grant Project Ordinance Amendment for the Section 8 Program Grant - 1988. (2) Approve motion to adopt the following Capital Project Ordinances: Reservoir Siting Capital Project Ordinance Alternative Wastewater Treatment Systems Capital Project Ordinance Information Networking Capital Project Ordinance Richard E. Whitted Human Services Building Capital Project Ordinance Northern Human Services Center Capital Project Ordinance (3) Approve motion to adopt Capital Project Ordinance Amendments for the following projects: Remapping Capital Project Ordinance Amendment Rural Education Center Capital Project Ordinance Amendment 3 GRANT PROJECT ORDINANCE AMENDMENT SECTION 8 PROGRAM GRANT - 1988 Be it ordained by the Board of Commissioners of Orange County, North Carolina that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted: Section 1. The project authorized is the Housing Authority project described in the work statement contained in the grant agreements NC19-K104001, NC-19V104001-002 and NC19- E104001-008 between this unit and the U.S. Department of Housing and Urban Development. This project is more familiarly known as the 1988 Section 8 Project. Section 2. The officers of this unit are hereby directed to proceed with the grant project within the terms of the grant document(s) , the rules and regulations of the U.S. Department of Housing and Urban Development and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Existing $1,221,555 Moderate Rehab 257,848 Voucher 90,273 Total Revenues $1,569,676 Section 4. The following amounts are appropriated for the project: Rental Assistance - Existing $1,135,852 Rental Assistance - Mod Rehab 236,388 Rental Assistance - Voucher 83,125 Administration - Existing 85,703 Administration - Mod Rehab 21,460 Total Appropriations $1,569,676 Section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal +.1 Fl 4 and state regulations. Section 6. Funds may be advanced from the General Funds for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section S. This ordinance shall be in effect from Janauary 1, 1988 until June 30, 1989. Adopted this 28 day of June, 1989 5 RESERVOIR SITING CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County Commissioners that pursuant to Section 1 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. The project authorized is for the County Reservoir Project. The project will be financed by a appropriation from the County Capital Reserve Fund and Senate Bill 2 Funds. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete the project: Transfer from County Capital Reserve Fund $ 30,000 Senate Bill 2 Funds 83,418 $113,418 Section 4. The following amount is appropriated for the project: Professional Services $ 67,000 Topographical Mapping 46,418 $113,418 Section 5. This ordinance supersedes all previous Reservoir capital project ordinances. Section 6. This ordinance shall be in effect from July 1, 1988 until June 30, 1990. Adopted this 28 day of June, 1989. le ALTERNATIVE WASTEWATER TREATMENT SYSTEMS CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. The project authorized is for the Alternative Wastewater Treatment Systems Capital Project. The project will be financed by a appropriation from Senate Bill 2 Funds. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete the project: Senate Bill 2 Funds 4,015 Section 4. The following amount is appropriated for the project: Professional Services $ 4,015 Section 5. This ordinance shall be in effect from July 1, 1988 until June 30, 1990. Adopted this 28 day of June, 1989. 7 INFORMATION NETWORKING CAPITAL PROJECTS ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project is hereby adopted. Section 1. The project authorized encompasses information processing improvements planned for the County. The project will be financed by appropriations from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $150,000 Section 4. The following amount is appropriated for this project: Enhancements $150,000 Section 5. This ordinance shall be in effect from July 1, 1989 until June 30, 1994. Adopted this 28 day of June, 1989. 8 NORTHERN HUMAN SERVICE CENTER PROJECT CAPITAL PROJECTS ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project is hereby adopted. Section 1. The project authorized is for the reservation of funds for roof repairs at the Northern Human Services Center. The project will be financed by appropriations from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $ 64,850 Section 4. The following amount is appropriated for this project: Roof Reserve $ 64,850 Section S. This ordinance shall be in effect from July 1, 1989 until June 30, 1994. Adopted this 28 day of June, 1989. 9 RICHARD E. WHITTED HUMAN SERVICES BUILDING CAPITAL PROJECTS ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project is hereby adopted. Section 1. The project authorized is for architectural and construction phases at the Richard E. Whitted Human Services Building. The project will be financed by appropriations from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $240,000 Section 4. The following amount is appropriated for this project: Professional Services $ 60,000 Construction 180,000 Total $240,000 Section 5. This ordinance shall be in effect from July 1, 1989 until June 30, 1992. Adopted this 28 day of June, 1989. 10 REMAPPING PROJECT CAPITAL PROJECTS ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project is hereby adopted. Section 1. The project authorized will produce a complete remapping of Orange County which will provide accurate base maps at various scales. The project will be financed by appropriations from the General Fund, County Capital Reserve Fund, State grants and charges to participating jurisdictions. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from General Fund $119,946 Transfer from County Capital Reserve Fund 353,021 State Grant 24,000 Charges for Services 53,805 Total Revenue $550,772 Section 4. The following amount is appropriated for this project: Phase II $178,613 Phase III 115,159 Phase IV 147,000 Phase V 100,000 Equipment 7,000 Training 3,000 $550,772 Section 5. This ordinance supersedes all previous Remapping Capital Project ordinances. Section 6. This ordinance shall be in effect from July 1, 1989 until June 30, 1994. Adopted this 28 day of June, 1989. 11 RURAL EDUCATION CENTER PROJECT CAPITAL PROTECTS ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project is hereby adopted. Section 1. The project authorized is the acquisition of land and construction of a facility that can accommodate both agricultural and non- agricultural events. This project will be financed by an appropriation from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: - Transfer from County Capital Reserve Fund 163,000 Section 4. The following amount is appropriated for this project: Land Acquisition $ 63,000 Professional Services 30,000 Construction 70,000 $163,000 Section 5. This ordinance supersedes all previous Rural Education Center Project Capital Project ordinances. Section 6. This ordinance shall be in effect from July 1, 1989 until June 10, 1993. Adopted this 28 day of June, 1989. 1 • ORANGE COUNTY • BOARD OF COMMISSIONERS Action Agenda Item No 1-23 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: Budget Ordinance Amendment #10 DEPARTMENT: Finance PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Finance Proposed Budget Ordinance TELEPHONE NUMBER - Amendment Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To approve proposed budget ordinance amendments. BACKGROUND: GENERAL FUND The Orange County Health Department has received additional funding from-the State Division of Health Services. The programs that will be affected include Child Health ($6,595) , Maternal Health ($2,600) , Family Planning ($15,080) , Adult Health ($464) and Health Promotion ($211) . The department has also received notification of a funding reduction in the Nutrition program of $615.. The Board of Commissioners approved these contracts on June 15, 1989. RECOMMENDATION: Approve amendments to the 1988-89 Budget Ordinance by the proposed amendments. 2 ORANGE COUNTY PROPOSED 1988-89 BUDGET AMENDMENTS The 1988-89 Orange County Budget Ordinance, as amended, is hereby ! amended as follows: 1 BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT GENERAL FUND Source: Intergovernmental $5,144,046 $ 24,335 $ 5,168,381 Appropriation: Human Services 8,285,369 24,335 8,309,704 • To budget for additional Health Department grant funding. BUDGET AMENDMENT NUMBER: 10 • #‘.0* 1• - ORANGE COUNTY / BOARD OF COMMISSIONERS • Action Agenda Item No., F- ACTION AGENDA ITEM ABSTRACT Meeting Date: JUN] 28, 1989 SUBJECT: Bd of E & R Minutes DEPARTMENT: - PUBLIC HEARING: Yes X No Assessor's Office ATTACHMENT(S) : INFORMATION CONTACT: • 6/5/89 Minutes Kermit Lloyd TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To review/approve June 5, 1989 Minutes for Board of Equalization and Review. BACKGROUND: so, RECOMIENDATION(5) : 2 MINUTES ORANGE COUNTY BOARD OF EQUALIZATION AND REVIEW JUNE 5, 1989 The Orange County Board of Equalization and Review convened at 7:00 p.m. , June 5, 1989 at the Old Court House in Hillsborough, N.C. Board Members Present: Moses Carey, Chairman Shirley Marshall Don Wilhoit Board Members Absent: John Hartwell Stephen Halkiotis Staff Members Present: Kermit Lloyd, Assessor John Smith, Chief Appraiser Donn Tapp, Appraiser Also present was John Link, County Manager. The Board of Equalization and Review was called to order by Moses Carey, Chairman. Moses Carey asked Mr. Lloyd to review his recommendations for the three apartment complex appeals: Woodbridge I, Franklin Woods, and Brookstone. Mr. Lloyd recommended no adjustment for Woodbridge I, an adjustment for Franklin Woods from $3,524,355 to $3,186,000 and adjustment to $7,600,000 for Brookstone. Mrs. Marshall made the motion to accept Mr. Lloyd's recommendations on all three apartment complexes and Mr. Carey seconded the motion. The Board voted three (3) Ayes in favor of the motion and none against. On Mr. George Harvey's appeal, Mr. Carey made the motion to adjust the value to $64/sq. ft. to include the house, land, and garage and the pool as an addition. Mrs. Marshall seconded the motion and the Board voted three (3) Ayes in favor of the motion and none against. Mr. Carey explained that the Board would make no change and take no action on the C.E. Squires case. Having issued resolutions on all presented appeals, and having no other business to consider, Mr. Carey made the motion to adjourn the 1989 Board of Equalization and Review. Mrs. Marshall seconded the motion and the Board voted unanimously in favor of the motion. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-14. ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: Tax Refunds Request DEPARTMENT: PUBLIC HEARING: Yes X No Tax Supervisor ATTACHMENT(S) : INFORMATION CONTACT: Individual Request TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham • - 688-7331 • PURPOSE: To consider 5 request for refund of tax bills. • BACKGROUND: General Statutes 105-381 (b) Action of Governing Body - Upon receiving a taxpayers written statement of defense and request for release or refund, the governing•body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the current liability or notify the taxpayer in writing that no release or refund will be made. • • RECOMMENDATION(S) : Approve refund requests. TUP 7 2 ACCT # 46722 TRACT # 707825 MAP 7.128.C.10A BILL # 8831954 • Fred Johnston Rt 7, Box 635 A Chapel Hill, NC 27514 COMMENT: Property bordering-Chatham and Orange County was taxed in both counties. Should have been taxed in Chatham. REF: G.S. 105-381(a)(1)b. An illegal tax ACTION REQUESTED: Property tax refund for - 1984 through 1988 • 1987-1988 Valuation $7,820 1984-1986 Valuation $4,116 1987 ' ,1988 1984 1985 1986 • $47.38 $50.43 $22.63- $23.87 $26.75 12.90 ' 13.88 6.42 7.24 8.19 3.12 3.91 2.05 2.05 2.05 $63.40 $68.22 $31.10 33.16 36.99 Total Refund: $232.87 • • • • .RECOMMENDATION: Approve . ORDER: • DATE: • • _ • IEMsisa2smalutsfeaeammeso----- 3 ACCT # 100367 TRACT # 429820 MAP 4.45N..18 BILL # 8827146 John W. Green, Jr. &Debrai 125. Wade Hampton Rd. Hillsborough, NC 27278 COMMENT: Requested a refund for 1987 and 1989Alisted 1986 Mazda 626, vehicle leased by GMAC on acct. #107538 REF: G.S. 105-381(a)(1)b. An illegal tax ACTION REQUESTED: Refund property tax overpayment for 1987 and 1988 1987 Value $9580 1988 Value: $6,750 GO $58.05 43.54 FA 3.35 2.23 $61.40 $45.77 Total Refund: $107.17 RECOMMENDATION: ORDER: DATE: • - 4 ACCT # 114281 TRACT # 430965 MAP 45P..16 BILL # 8814130 James P.Van Roy ' & Margot. Rt 5, 204 'George-Anderson Dr. Hillsborough , NC 27278 COMMENT: Mr. Van Roy mistakenly listed a 1987 Buick when he filed his property.listing for 1987 and 1988. This vehicle was owned and leased from GMAC REF: G.S. 105-381(a)(1)b. An illegal tax ACTION REQUESTED: Refund tax overpayment for tax years 1987 and 1988 1987 1988 Valuation: $11,630 Valuation: $9,350 GO 70.48 56.66 FA 4;07 3.27 874..55 $59.93 Total Refund: $134..58 .RECOMMENDATION: Approve ORDER: DATE: _ _ . TWP 7 5 ACCT # TRACT # 713657 MAP 7.8E..19 BILL # 8846717 Gary H.S. Strauss 520F Carmine Court Chapel Hill, NC 27514 COMMENT: Studio building picked up twice as separate building and as attached addition. REF: G.S. 105-581(1)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment for 1987througb1988 Valuation: $14,875 1987 1988 $89.33 $95.94 8.92 9.22 $98.25 $105.16 Total Refund: $203.41 .RECOMMENDATION: Approve ORDER: DATE: TWP 7 6 - ACCT # 25370a TRACT # 704652 MAP 7-54.C.21 BILL # Herman Be Lloyd 68 Oakwood Drive Chapel Hill, NC 27514 COMMENT: Carport valued at $3200 was picked up by appraiser in error. REF: G.S. 105-381(a)(1) b. An illegal tax. ACTION REQUESTED: Refund tax overpayment for 1984 through 1986 Revaluation $3200 • 1984 1985' , ,1986 GO $17.60 18.56 20.80 CH 4.99 5.63 6.36 G2 21.92 21.92 22.40 $44.51 $46.11 $49.56 total Refund: $140.18 .RECOMMENDATION: Approve ORDER: DATE: MiMMMEMmormy----- *a. ORANGE COUNTY BOARD OP COMMISSIONERS Action Agenda Item No. F-5 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: • Contract between North Carolina Memorial Hospital and Orange Count z - Flight Paramedic DEPARTMENT: PUBLIC HEARING: Yes No Emergency Management ATTACHMENT(S) : INFORMATION CONTACT: • Nick Waters, EMS Director Contracts TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2033. Durham - 688-7331 PURPOSE: To renew the contract that exist between North Carolina Memorial Hospital and Orange County to provide Flight Paramedics for the air ambulance service of the hospital. The cost to the county is reimbursed by the hospital. BACKGROUND: The County and Hospital entered into the contract in 1986. The contract expires 6• 30-89. • RECOMMENDATION(S) : • Recommend that the contract be renewed as submitted. • "7,4 7 Akm STATE OF NORTH CAROLINA COUNTY OF ORANGE COPY . AGREEMENT BETWEEN THE NORTH CAROLINA MEMORIAL HOSPITAL AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made effective the 1st day of April, 1989 by and between The North Carolina Memorial Hospital, hereinafter referred to as "The Hospital;" and Orange County, North Carolina, hereinafter referred to as "Orange County," for its. Office of Emergency Medical Services WITNESSET H: WHEREAS, The Hospital desires to implement a hospital-based air ambulance program; and WHEREAS, The Hospital desires the, services of Emergency Medical Technician-Paramedics ("Paramedics") for on-flight coverage; and WHEREAS, Orange County desires to assist The Hospital in implementing its air ambulance program by supplying the services of paramedics; and WHEREAS, The Hospital desires to reimburse Orange County for such paramedic services; NOW, THEREFORE, in consideration of the premises and the following mutual promises, covenants and conditions, The Hospital and Orange County agree as follows: 1. Orange County agrees to make available to The Hospital the services of six full-time paramedics, and one part-time paramedic who shall not exceed 312 hours annually unless approved by the Program Director. In addition Orange . County agrees to have available two alternates to assist The Hospital in implementing it's Air Care Program. 2. Both Orange County and The Hospital agree that for all purposes such paramedics shall be considered employees of Orange County. Orange County agrees to consult with The Hospital prior to assigning such paramedics to The Hospital air ambulafice program. 3. Orange County agrees that the paramedics whose services are provided pursuant to this Agreement shall maintain North Carolina certifications as Emergency Medical Technicians-Paramedics and shall have at least two years of Advanced Life Support experience. 4. Both Orange County and The Hospital understand and agree that The Hospital will have administrative and professional supervision of such paramedics while they are rendering services to The Hospital under this Agreement. Professional activities and services rendered pursuant to this Agreement shall be in compliance with policies and protocols developed and agreed upon by designated representatives of The Hospital. 5. Both Orange County and The Hospital agree and understand that if at any time The Hospital determines that a paramedic's performance or professional interactions are inadequate or inappropriate for flight duty, The Hospital may request replacement of the paramedic with one of the designated alternates, or other suitable paramedics selected by the Hospital representative. Such replacement shall be effective within 30 days of notification by the Hospital. The Hospital shall provide sufficient documentation to Orange County detailing the reasons for the Hospital's request for replacement. Such documentation shall be in a form that is in compliance with the Orange County Personnel Ordinance regarding disciplinary action. 6. The Hospital agrees to provide a training experience for six full-time paramedics, one part-time, and two alternates. Such training shall be in conjunction with the training of The Hospital's flight nurses to the extent feasible. The Hospital further agrees that, to the extent feasible, flight teams shall consist of both a nurse and a paramedic. Training shall include any travel or educational outreach approved by the Program Director or designee. The amount shall not exceed $3,500 annually. 7. Both Orange County and The Hospital understand and agree that Orange County may designate an in-Hospital liaison accountable to Orange County Office of Emergency Medical Services for paramedic personnel functions such as discipline, scheduling, holidays, sick leave. This individual will also be accountable for the Orange County communicators assigned to The Hospitals Aeromedical Program. 8. In return for the services of paramedics, as identified herein, The Hospital agrees to reimburse Orange County for the cost of salaries and applicable fringe benefits of one part-time and six full- time paramedics. The Hospital further agrees to reimburse Orange County for the cost of salaries and applicable fringe benefits of the above paramedics and alternates during the training period referenced in paragraph 6 above. "Fringe benefits," as used herein, shall include Orange County's contributions to the local government employee's retirement system, health insurance, life insurance/accidental death and dismemberment and workers' compensation for the paramedics covered by this Agreement. At its option, The Hospital shall either reimburse Orange County for the cost of or provide coverage for professional liability insurance for the paramedics whose services are provided pursuant to this Agreement. The Hospital agrees to provide life insurance and disability insurance for the paramedics covered by this Agreement. In addition, Orange County will ensure that life and disability insurance provided by the Orange County benefits package will cover work in the air medical environment for the flight paramedics. Pursuant to these agreements, The Hospital shall reimburse orange County at the rate of $19,690 per month, subject to such modification of this monthly amount as is necessary following specific agreement between the parties of the actual cost of authorized and approved salaries and fringe benefits. The monthly amount will be agreed upon and modified annually to reflect as nearly as possible the actual cost of the contract. The new monthly rate will begin on April 1, 1989 and thereafter will coincide with the Hospital's fiscal year, beginning July 1. Any overtime must be approved by The Hospital through the Carolina Air care Program Director or his/her designee. Annual salary ,increases above 10% shall be negotiated with The Hospital due to budget impact. This agreement shall terminate automatically if the parties do not agree to the amount of salary increases requested by Orange County which are greater than 10%, not withstanding the terms of paragraph 12 below. Orange County shall provide monthly statements of actual cost along with their monthly bill. Orange county shall bill The Hospital by the 15th of the month. The Hospital agrees to reimburse Orange County $6,000 annually for administrative overhead associated with the Paramedic contract, upon submission of documentation to justify the overhead. This amount covers administrative time for the personnel department, finance department, and the Orange County Manager. This amount will be invoiced monthly with corresponding documentation of associated cost. 9. Both Orange County and The Hospital understand and agree that nothing in this Agreement shall be construed to create an exclusive arrangement between the parties. Orange County is free to provide services of any kind or nature to any other air and land ambulance service or program. 10. The Hospital agrees to notify Orange County when The Hospital's air ambulance is responding within the geographic area. covered by Orange County Office of Emergency Medical Services. 11. This Agreement shall run for a period of 3 years and 3 months, from the 1st day of April, 1989 to the 30th day of June, 1992 and shall be renewable thereafter upon written notice executed by both parties. 12. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 180 days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 13. In compliance with 42 U.S.C. 1395x(V) (1) (I) and implementing regulations, Orange County agrees, until the expiration of four years after the services are furnished under this contract, to allow the Secretary of the Department of health and Human Services and the Comptroller General access to this contract and to the books, documents and records of Orange county necessary to verify the nature and extent of the costs of this contract, subject to and consistent with the policies and procedures contained in OMB Circular A-102, Attachment P. Orange County further agrees that if any of the duties of this contract are carried out by a subcontractor of Orange County such subcontract shall contain a clause to the effect that, until the expiration of four years after the services are furnished under such subcontract, the Secretary of the Department of Health and Human - SerVices and the Comptroller General shall have access to such tract and to the books, documents and records of the subccIntractor necessary to verify the nature and extent of the costs sof contractor subcontract, subject to and consistent with the policies and procedures contained in OMB Circular A-102, Attac ent P. 14. The Agreement contains the entire understanding of the parties and shall not be altered, amended or mad' f*led, except by an agreement in writing executed by the duly authoriz:dofficials of both parties. 15. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement • in their official capacities of the day and year listed below. FOR AND ON BEHALF OF FOR AND ON BEHALF OF: THE NORTH CAROLINA MEMORIAL HOSPITAL ORANGE COUNTY, . NORTH CAROLINA i°;/4( ',....0,4-- .14.400461 Eric B. Munson -IF rman, Executive Director Orange County BO rd of Commistionerif DATE: 11 • - • ORANGE COUNTY • 1 BOARD OF COMMISSIONERS Action Agenda Item No. F- ACTION AGENDA ITEM. ABSTRACT Meeting Date: crime 28, -1989 SUBJECT: Flight Contract between North Carolina Memorial H. •'t- d 0 - •- • -■put_ icat ere DEPARTMENT: PUBLIC REARING: Yes No -Jr.-- Emergency Management ATTACHMENT(S) : INFORMATION CONTACT: Nick Waters, EMS Director Contracts TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 • Mebane •• 227.-2031 Durham - 688-7331 PURPOSE: To renew the contract that exist between North Carolina Memorial Hospital and Orange County to provide flight communicators for the air ambulance service of the hospital. The cost to the county is reimbursed by the hosptial. BACKGROUND: The County and the Hospital entered into the contract in 1986. The contract expires 6-30-89.. RECOMMENDATION(S) : Recommend that the contract be renewed as submitted. • • AVICW lg 1 C PY •STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN THE NORTH CAROLINA MEMORIAL HOSPITAL AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made effective the let day of April, 1989 by and between The North Carolina Memorial Hospital, hereinafter referred to as "The Hospital;" and Orange County, North Carolina, hereinafter referred to as "Orange County," for its Office of Emergency Medical Services. WITNESSET H: WHEREAS, The Hospital desires to implement a hospital-based air ambulance program; and WHEREAS, The Hospital desires the services of Hospital-based Emergency Medical Services Communicators ("EMS Communicators") ; and WHEREAS, Orange County desires to assist The Hospital in implementing its air ambulance program by supplying the services of • EMS communicators; and • WHEREAS, The Hospital desires to reimburse Orange County for such EMS communicator services; NOW, THEREFORE, in consideration of the premises and the following mutual promises, covenants and conditions, The Hospital and Orange County agree as follows: 1. Orange County agrees to make available to The Hospital the services of six full-time EMS communicators to assist The Hospital in implementing its air ambulance program. The EMS communicators shall be responsible for coordination of all communication relative to air ambulance flights, including, communications between The Hospital, the aircraft, referring facilities and a4encies, ground EMS units, and the medical control officer. One of theme EMS communicators shall act in a Supervisory role, with duties and responsibilities as determined by the Hospital and Orange County. 2. Both Orange County and The Hospital agree that for all purposes such EMS communicators shall be considered employees of Orange County. Orange County agrees to consult with The Hospital prior to assigning such EMS communicators to The Hospital air ambulance program. • 3. Orange County agrees that the EMS communicators whose services are provided pursuant to this Agreement shall .have at least two years of Emergency Medical Service Communication experience, or its equivalent. 4. Both Orange County and The Hospital understand and agree that The Hospital will have administrative and professional supervision of such EMS communicators while they are rendering services to The Hospital under this Agreement. Professional activities and services rendered pursuant to this Agreement shall be in compliance with policies and protocols developed and agreed upon by designated representatives of The Hospital. 5. Both Orange County and The Hospital agree and understand that if at any time The Hospital determines that an EMS communicators performance or professional interactions are inadequate or inappropriate, The Hospital may request removal of the EMS communicator. The Hospital shall provide sufficient documentation to Orange County detailing the reasons for the Hospital's request for replacement. Such documentation shall be in a form that is in compliance with the Orange County Personnel Ordinance regarding disciplinary action. 6. The Hospital agrees to provide astraining experience for the six full-time EMS communicators relevant to duties specific to their functions with The Hospital's air ambulance program. Training shall include any travel or educational outreach approved by the Program Director or Designee, not to exceed $1,000 (annually for the group) . 7. Both Orange County and The Hospital understand and agree that Orange County may designate an in-Hospital liaison accountable to Orange County Office of Emergency Medical Services for EMS communicator personnel functions such as discipline, scheduling, holidays, sick leave. The Hospital liaison will be the Lead Paramedic/Assistant Director of Carolina Air Care. 8. In return for the services of EMS communicators, as identified herein, The Hospital agrees .to reimburse Orange County for the cost of salaries and fringe benefits of six full-time EMS communicators, including time during the training period referenced in paragraph 6 above. "Fringe benefits," as used herein, shall include Orange County's contributions to the local government employee's retirement system, health insurance, life insurance/accidental death and dismemberment and workers' compensation for the EMS communicators covered by this Agreement. At its option, The Hospital shall either reimburse Orange County for the cost of or provide coverage for professional liability insurance for the EMS communicators whose services are provided pursuant to this Agreement. Pursuant to these agreements, The Hospital shall reimburse Orange County at the rate of $15,800 per month, subject to such modification of this monthly amount as is necessary following specific agreement between the parties of o ' s the actual cost of authorized and approved salaries and fringe benefits. The monthly amount will be will be agreed upon and modified annually to reflect as nearly as possible the actual cost of the contract. The new monthly rate will begin April 1, 1989 and thereafter will coincide with The Hospital's fiscal year, beginning July 1. All overtime must be approved by the Hospital through the Carolina Air Care Program Director or his/her designee. Annual salary increases above 10% should be negotiated with the Hospital due to budget impact. This agreement shall terminate automatically if the parties do not agree to the amount of salary increases requested by Orange County which are greater than 10%, not withstanding the terms of paragraph 12 below. Orange County shall provide monthly statements of actual cost along with their monthly bill. Orange County shall bill The Hospital by the 15th of the month. The Hospital agrees to reimburse Orange County $6,000 annually for administrative overhead associated with the Communicators contract, upon submission of documentation to justify the overhead. This amount covers administrative time for. the personnel department, finance department, and the Orange County Manager. This amount will be invoiced monthly with corresponding documentation of associated cost. 9. Both orange County and The Hospital understand and agree that nothing in this Agreement shall be construed to create an exclusive arrangement between the parties. Orange County is- free to provide services of any kind or nature to any other air or land ambulance service or program. 10. The Hospital agrees to notify Orange County when The Hospital's air ambulance is responding within the geographic area covered by Orange County Office of Emergency Medical Services. 11. This Agreement shall run for a period of 3 years and 3 months, from the 1st day of April, 1989 to the 30th day of June, 1992 and shall be renewable thereafter upon written notice executed by both parties. 12. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 180 days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 13. In compliance with 42 U.S.C. 1395x(V) (1) (I) and implementing regulations, Orange County agrees, until the expiration of four years after the services are furnished under this contract, to allow the Secretary of the Department of Health and Human Services and the Comptroller General access to this contract and to the books, documents and records of Orange County of Orange County necessary to verify the nature and extent of the costs of this contract, subject to and consistent with the policies and procedures contained in OMB Circular A-102, Attachment P. Orange County further agrees that if any of the duties of this contract are carried out by a subcontractor of Orange County such subcontract shall contain a clause to the effect that, until the expiration of four years after the services are furnished under such subcontract, the Secretary of the Department of a Health and Human Services and the Comptroller General shall have access to such subcontract and to the books, documents and records of the subcontractor necessary to verify the nature and extent of the costs of such subcontract, subject to and consistent with the policies and procedures contained in OMB Circular A-102, Attachment P. 14. The Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 15. The laws of North Carolina shall govern the validity and interpretation of the provision, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF: FOR AND ON BEHALF OF: THE NORTH CAROLINA MEMORIAL HOSPITAL ORANGE COUNTY, NORTH CAROLINA .4.401 ALL, Eric B. Munson Chairman, Executive Director Orange County B./rd of Commissioners DATE: 47443 4/78/571 Wfr, JUN 0 7 RECD . r `1 A GE DA ABSTRA CT Co PER SHEET Agreement between Orate county and IC Memorial Hospital for June 27, 1989 Abstract Title: Meeting Date: Eligibility Caseworkers (2) Attachments: Agenda Deadline: June 13, 1989 Department Head Signature: =� x a -- Today's Date: June 7, 1989 Comment: Date In: Purchasing Date Out: Director ._. , t 11 �.-� " Rev' Requested - Signature Copy Attorney Action: �■ Sent to Attorney: June 7, 1989 OK as is Date , OK with attached changes Attorney Hold for more work Rev'e Requested Signature/Date . Comment: Date In• �""'."� I'1 I p� i Date Out: lL I V /V Finance / Director Review Requested ) was /.e Comment: Date In: JUN' _.._ Date Out: /S J',..--4.- Asst Manager 1 1-- . <111 :10.1". Courtesy Copies To: INSTRUCTIONS FOR USE 1) This form must accompany AU.angenda abstracts and should be properly completed BEFORE the agenda deadline. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed,forward copy of abstract and this cover sheet to attorney. *Norte: This Cszsitract is identical to arm for FE 1988-89. 1 ORANGE mum BOARD OF COMMISSIONERS Action Agra Item No. f ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: legal Services DEPARTMENT: PUBLIC HEARING Yes X No Social Services ATTACHMENT(S): INFORMATION CONTACT: Rick Poole, ext. 222 TELEPHONE NUMBER: legal Services Contract (Northen, Blue, Little, Books, Thi out Chapel Hill -- 96c8-81$1 and Anders Law Firm, Mebane Hill r 228-2031 , t�pel H111) 22/-2031 Durham - 688-7331 PURPOSE: To provide legal services for Ault and Childr °s Protective Services BACKGROUND: Sires July 1, 1980, the crt has had a similiar contract with J. Anderson Little to provide legal xmsuitati t n and representation. North Carolina General Statute and P.L. 96-272 require the agency to maintain an expert legal ' hi lj ty in certai n program areas. RECOMMENDATION: Approve the contract for Fiscal Year 1989-90 and authorize the Chair to sign. • • f 1 2 STATE OF NORTH CAROLINA COUNTY OF ORANGE THIS AGREEMENT, made and entered into this the 1st day of July, 1989, by and between NORTHEN, BLUE, LITTLE, ROOKS, THIBAUT & ANDERSON, Orange County, North Carolina, a partnership organized under the laws of the State of North Carolina engaging in the practice of law, hereinafter referred to as ATTORNEYS, and ORANGE COUNTY, hereinafter referred to as the COUNTY: W I .T N E S S E T H : WHEREAS the Orange County Department of Social Services (hereinafter referred to as the DEPARTMENT) has need of special legal services, not otherwise provided by County Government agencies, in connection with its services to needy and dependent persons in Orange County, the administration of its functions under the provisions of Article 44, Chapter TA and Article 6, Chapter 108A of the General Statutes of North Carolina and other laws of the State, and representation of the DEPARTMENT, its caseworkers and employees before the various courts and agencies of the State of North Carolina; and WHEREAS, it is the desire of the COUNTY and ATTORNEYS to enter, into a contract, one with the other, for the purposes and considerations as set forth herein for a period of July 1 , 1989 through June. 30, 1990; NORTHEN.BLUE.LITTLE. ROOKS.THIBAUT NOW THEREFORE, in consideration of the premises and mutual &ANDERSON ATfOIiNEIS AT LAW terms and agreements hereinafter set forth, the COUNTY and CHAPEL HILL N.C.27514 ATTORNEYS do contract, each with the other, as follows: 3 2 1. That ATTORNEYS shall perform such services and render such advice to the DEPARTMENT on such occasions as shall be required by the Director of the DEPARTMENT and with the approval of said Director, employees and caseworkers shall require the services of ATTORNEYS. 2. That ATTORNEYS shall be compensated for all services rendered in connection with Paragraph No. 1 above based on an hourly rate for services performed of Sixty Dollars ($60.00) per hour, such hours and amounts to be furnished to the County Finance Officer or his designate for payment. The ATTORNEYS shall also be compensated for and reimbursed for the services of clerks and legal assistants hired by them to assist them in the performance of their duties to the DEPARTMENT, based on an hourly rate of services performed of Thirty Dollars ($30.00) • per hour. The COUNTY shall be responsible for all costs and expenses incurred in the performance of the services rendered the COUNTY pursuant to this Contract. All costs and expenses advanced by ATTORNEYS on behalf of COUNTY shall be reimbursed to ATTORNEYS. 3. That ATTORNEYS shall keep an itemized record of work performed for the DEPARTMENT on a case-by-case basis and shall • submit its bill therefor showing a breakdown of those services performed and the cost. 4. That this Agreement shall exist and continue from July 1, NORTHEN.BLUE.UT{'LE. ROOKS.THIBAUT 1989 to and including June 30, 1990, unless sooner terminated by A ANDERSON ATTORNEYS AT LAW thirty (30) days written notice to the other party. CHAPEL HILL.N.G_2 !I • 1-5 4 3 1 IN WITNESS WHEREOF, the COUNTY and ATTORNEYS have hereunto 1 signed this Agreement in duplicate originals, one of which is retained by each party hereto and either of which is sufficient as the original. ORANGE COUNTY, NORTH CAROLINA BY: / MOSES CAREY, Chair /r Orange County Bo- • of Commissio ers Attest: Beverly B 'the Clerk of the Orange County Board of Commissioners NORTHEN, BLUE, LITTLE, ROOKS, THIBAUT & ANDERSON Attorneys at Law By: 1111 derANDERSON LITTLE This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. gak ELLEN G.. LISTON Orange County Finance Officer NORTHEN,BLUE,LITTLE, ROOKS,THIBAUT &ANDERSON • ATTORNEYS AT LAW CHAPEUMLISM VERMEsson - 1 ORANGE C2UNTT BOARD OF COMMISSIONERS Action Agenda Item No. F-9 . ACTION AGENDA ITEM ABSTRACT Meeting Date: June a, 1989 SUBJECT: Agreement between Orange County and NC Memorial Hospital for Social Worker I DEPARTMENT: PUBLIC HEARING Yes X X No Social Services ATTACHMENT(S): INFORMATION CONTACT: Rick Poole, ext. 222 Agreement TELEPHONE R: Hillsborough 732-8101 Chapel Hill 968-41501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Tb considpr an amt between Orange County and North Carolina Memorial hospital ( ) for a Social Worker I to provide certification and counseling services eight hours per week at the Obstetrics and Gynecology Clinic. BACKGROUND: Since Marc. 1986, a Social Worker I fran Orange Cony i per tt of Social Services has been based at NENE ane day per week, providing certification n and counseling services to patients referred for assistance from the North Carolina Abortion Fund . Program. NMI reimburses Orange Cbunty 100% of the expenses involved in maintaining. the worker at the clinic, 2% of the cost of a full time social work supervisor, and a $2.00 processing fee for each "out of county" case. • RECOMMENDATION: Apps the Agreement and authorize the Chair to sign. 2 STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN THE NORTH CAROLINA MEMORIAL HOSPITAL AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made and entered into this the lstday ,ofJuly, 1989, by and between ORANGE COUNTY (hereinafter referred to as the COUNTY) and NORTH CAROLINA MEMORIAL HOSPITAL, (hereinafter referred to as NCMH) Orange County, North Carolina. WITNESSETH : WHEREAS, the parties have agreed with each other that the County will provide certain services for North Carolina Memorial Hospital in connection with the Orange County Department of Social Services (hereinafter referred to as OCDSS); and WHEREAS, the NCMH has agreed to pay. certain compensation for said service and the parties desire to execute this contract to delineate their understanding of their agreement; NOW, THEREFORE, the parties hereby agree as follows: 1. Orange County agrees to make available to NCMH the services of one Social Service Social Worker I, one day (8 hours) per week at the Department of Obstetrics and Gynecology Clinic. 2. NCMH agrees to reimburse the County within 10 days of receipt of monthly billings for the salary and benefits involved in maintaining one Social Worker I at NCMH. NCMH also agrees to reimburse the County for 2 percent of the salary and benefits of a full time supervisor. Salary and benefits for the Social Worker I 3 and the supervisor. include: base salary under State Personnel Regulations; FICA taxes; county government retirement; paid vacation, sick leave, or other leave under approved county plan; paid holidays as observed by county; paid petty leave of 14 hours per year; necessary travel and per diem for job related activities. 3. Other supportive expenses provided by NCMH include: Office space; parking space; office equipment; clerical support; and telephone service as required to adequately support eligibility determination services provided by this agreement. NCMH also agrees to pay a processing fee of $2.00 for each "out of Orange County" case processed. 4. The Social Worker I shall receive, process and certify or deny application for financial assistance under programs administered by OCDSS and originating. in North Carolina Memorial Hospital OB/GYN Clinic. This worker shall be assisted by the hospital staff in obtaining needed information on active cases eligible under Department of Social Services Programs. Assignment of work to this Social Worker I will be the responsibility of a designated hospital staff member. 5. The Social Services Social Worker I shall work cooperatively with the hospital staff and the social work staff of any Department of Social Services to make appropriate referrals of patients and family members with problems not related to eligibility determinations. 6. As an employee of Orange County, the Social Worker I shall be directly supervised by and accountable to OCDSS. Due to the nature of this agreement and the working relationship with the hospital, it is necessary that close contact be kept with the hospital administration and certain members of the hospital medical staff. In recognition of thii factor, the Director of Fiscal Services of N.C. Memorial Hospital will name a staff member to act as liaison between the 4 Social Worker I, the departments of the hospital and other other staff personnel. Changes in duties and/or basis of financial participation may be made after prior written approval and agreement between N.C. Memorial Hospital, the - Department of Obstetrics and Gynecology and Orange County Department of Social Services. Any changes in this agreement to add personnel will require the approval of the Orange County Board of Social Services and County Commissioners. 7. This Agreement shall be for the term July 1, 1989 to June 30, 1990 8. It is the intention of the parties that this Agreement be reviewed annually, as near March 1st of each year as possible, and may be terminated by either party upon 60 days written notice but preferably at the beginning of each fiscal year. For the purpose of notice, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to Orange County or North Carolina Memorial Hospital at the addresses listed below: Orange County c/o Orange Director of Social Services P.O. Box 8181 Hillsborough, North Carolina 27278 North Carolina Memorial Hospital c/o The Executive Director University of North Carolina Chapel Hill, North Carolina 27514 9. The Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. • r^4 • • 5 IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed by its duly authorized officials. FOR AND ON BEHALF OF: FOR AND ON BEHALF OF ORANGE COUNTY, NORTH CAROLINA THE NORTH CAROLINA MEMORIAL HOSPITAL Chair, Orange County Board of Executive Director, North Carolina Commissioners Memorial Hospital Date Date ATTEST: Clerk of the Orange County Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth Chavious, Orange County Finance Officer • 1 • ORANGE COUNTY BOARD OF COMMISSIONERS Agenda AGENDA ITEM ABSTRACT Action • Meeting Date: June 28, 1989 • SUBJECT: Adoption of a Policy on Taxing Boundary Properties Between Orange and_ Chathpm Cp1Intie5 PUBLIC HEARING: Yes x__ No DEPARTMENT: Central Land Records ATTAGEMENT(S) : 1 Page Letter :INFORMATION CONTACT: • Roscoe Reeve 2 Page Resolution . TELEPHONE NUMBER: 1 Page Proposal Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 • PURPOSE: To adopt a policy, jointly with Chatham County, to reSolve. the taxation of properties affected by the adoption of a new boundaryline. To forward adopted policy to the Chatham County Board of Commissioners for concurrence in a modification to theigimilar policy they adopted earlier. this month. • • • • • • BACKGROUND: Orange & Chatham counties are. in the process of' adopting a new boundaryline, and each Board of Commissioners has expressed a desire to have a minimal negative impact on property owners: affected by the adoption. A joint public hearing brought comments • from citizens that some properties residences would be changed by the new boundary. None of the property owners involved spoke at the public hearing or has contacted the staff. • The proposed policy would allow those properties that have been changed in residency from one county to another to continue to pay taxes and receive the services of the county they have traditionally been taxed by, if their property deed was recorded in both counties. The Chatham Commissioners adopted the enclosed Resolution on June 5. The Manager recommends approval with one modification to designate the petition receiver in resolve clause #2. RECOMMENDATION(S) : That the. Board approve the Boundary Taxation Policy as modified. That its Clerk forward the adopted policy to the Chatham County Board of Commissioners for concurrence in the modification. ------- - .i. 1„ F . �► 2 ” COUNTY OF CHATHAM COMMISSIONERS . :: MARVIN K.HOFFMAN CAitt.THOMPSON,Chairman ,,� County AdmM�matar HENRY nuNtAP,JR. —' ` '' ROBERT L.GUNN EARL,O,THOMPSON X ;, 1 County Altornoy WS MURCHISON,JR, ;t ;` MARY HAVES HQ(.M .' P00/11 MO/642'8'100 P.O.SOX 87 PrrTssoRO,N.C. 27312 OREANI=1770 707 SQUARE'MILES June 13, 1989 Mr, John Link Orange County Manager 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear John: • Last Monday evening the Commissioners dealt with the questioned boundary line between Orange and Chatham Counties. S had forwarded to Paul Messick, partner of our County Attorney, the information which Roscoe Reeve had furnished and asked him to contact Roscoe. S had also asked him to contact your County Attorney to talk about this matter. However, I believe that Paul has not talked to either individual yet. Paul prepared a resolution for the Board' s use and I am enclosing a copy of that document for your review. Paul felt the language was more concise and clearer than was Roscoe's resolution, and based upon our County Attorney' s advice, the Chatham County Board adopted this resolution. Please study it and give us your feed-back. I am sorry that a combination of our budget work and Paul's status of interim manager for the Town of Pittsboro has caused this to be a more protracted matter than we thought it would be. After you have had an opportunity to talk with your attorney and Roscoe, please call me and we will give you a more prompt response than we did the last time. Sincerely yours, Marvin K. Hoffman County Manager MKH:b Plif 4.-6441 A A RESOLUTION REGARDING THE SITUS FOR AD VALOREM PROPERTY TAXES AND GOVERNMENTAL SERVICES ADJACENT TO THE CHATHAM AND . ORANGE COUNTY BOUNDARY WHEREAS, Orange and Chatham Counties have agreed to establish and locate their common boundary; and WHEREAS, each County wishes to make the impact of the location of said boundary upon adjacent property owners minimal; and WHEREAS, there are properties which were previougly taxed according to agreements between the Tax Assessors of each County because of difficulties in determining the location of residences near the Chatham-Orange boundary; and. WHEREAS, the owners of said properties have become used to paying taxes in one county and receiving that county's governmental services; and WHEREAS, the newly located boundary will allow more accurate identification of the proper county for ad valorem tax purposes and for other governmental services as well; and WHEREAS, both counties desire that said property owners not experience a negative disruption of expected services; NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Chatham and Orange Counties as follows: 1. Owners of property on or near the newly located boundary between Orange and Chatham County, and which property is recorded in both counties' Registries may continue to list and pay ad valorem taxes and receive governmental services allowed by law from the county in which the said property was listed in January, 1989. This policy shall apply irrespective of the actual location of any such affected owner's residence as determined by the newly located • boundary. 2. Upon petition by any such owner to the Assessors of both Orange and Chatham counties, the situs for ad valorem tax purposes and other governmental services shall be changed to the actual county of residence as determined by the newly located boundary. All such changes shall be effective on January 1 of the calendar year following receipt of such a petition. The respective Tax Assessors of each county shall notify the other in the event of such a change in situs. Adopted this 28th day of June, 1989. COUNTY OF CHATHAM Chairman ATTE 411111116 - - Clerk Cf. TY OF 0: . GE I Chairman ,•ATTE : Ater44: '7 lerk . Air ite•v*. COUNTY of ORANQE 5 CENTRAL LAND RECORDS OFFICE Roscoe E. Reeve Patricia B. Smith Manager Mapping Supervisor PROPOSED GRANGE IN RESOLUTION Resolve Clause #2 to read: AO 2. Upon petition by any such owner a the Board of Commissioners of their current taxing jurisdiction, the situs for ad valorem tax purposes and other governmental services shall be changed to the actual county of residence as determined by the newly located boundary. All such changes shall be effective on January 1 of the calendar year following receipt of such a petition. The respective Tax Assessors of each county shall notify the other in the event of such a change in situs. • 208 South Cameron Street • Hillsborough, North Carolina 27278 Telephones: 919 732-8181 • 919 967-9251 • 919 688-7331 • 919 227-2031 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: EMS Advisory Council DEPARTMENT: Emergency Management PUBLIC HEARING YES: NO: X 1 ATTACHMENT(S) : INFORMATION CONTACT: Nick Waters OFFICE, X501 TELEPHONE NUMBER - Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: The EMS Advisory Council will study issues concerning the EMS service in the County. These issues will include the financing of the system, medical protocols and procedures, capital equipment needs, standard operating procedures, growth projections and training standards. The Council will make recommendations to the Board on these and other issues. BACKGROUND: The EMS Council has been inactive for sometime. The composition of the Council includes officials of County and Municipal Governments, the sponsor hospital, County EMS, both Volunteer Rescue and citizens at large. Letters have been mailed to all the represented agencies expressing a desire to reactivate the Council . Response has been received from Chapel Hill, the two Rescue Squads, the County EMS and Orange-Durham Medical Society. A follow-up, letter has been mailed to Hillsborough, Carrboro, and North Carolina Memorial Hospital regarding their appointments. The other appointments will be brought to the Board for confirmation in August. The staff will be scheduling a meeting of the Council as soon as possible to begin addressing the issues indicated above. RECOMMENDATION(S) : To affirm the appointments of the following: Dr. James Harper - Durham-Orange Medical Society Doug Noell - Orange County Rescue Squad Ray deFriess - South Orange Rescue Squad Jeanette Smith - Orange County EMS Joseph A. Herzenberg - Chapel Hill Councilman R. D. Smith - Chapel Hill Citizen To appoint a member of the Board to represent Orange County Commissioners. - - 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. c./4 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: MEMORANDUM OF UNDERSTANDING DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : YES - DRAFT 8B INFORMATION CONTACT: MOSES CAREY, JR. • TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider approval of the Memorandum of Understanding between the Town of Carrboro, Town of Chapel Hill, Orange County and the Orange Water and Sewer Authority (OWASA) . BACKGROUND: There are issues which arise which are of common interest to the Towns, the County and OWASA which should be addressed. This agreement would provide the guidelines for communicating on a regular basis to provide each governmental entity information regarding policy matters affecting their mutual interests. The agreement lists some of the items that may be discussed but is not inclusive of all items that may be discussed. RECOMMENDATION(S) : Approve the Memorandum of Understanding and authorize the Chair to sign the agreement jointly with Chapel Hill, Carrboro and OWASA. •. i MEMORANDUM OF UNDERSTANDING of Carrboro, Town of Chapel Sill, EKING among the Town (� )- Orange County Orange Water and Sewer Authority Orange County I. PREAMBLE arise which are of common interest to the Towns, the issues frequently exchange of information, S' which should be addressed through comments; and County, and for providing of constructive comma opportunity for review, and P environment for good WHEREAS, it is the desire of the parties to promote an relations and positive communication in all matters that may affect one another' II. AGREEMENTS and NASA that good agreed by the County, the Towns agreed �, It is understood and is essential. To that ends the parties. have to communicate among provide each to the others including, E regarding ng pl regularly and to P regarding policy matters affecting their mutual interests, limitation: agreements which involve water and sewe r A. proposed intergovernmental a g services, facilities, and service areas. reports and studies such as joint and local land use policies, development plans, B. planning p and wastewater systems laps, environmental plans, water community facilities p improvements h acte s Plans, a and comprehensive planning characteristics studies, and other long-range documents; C. water and sewer extension policies and amendments thereto; d development regulations and maps and amendments thereto; D. zoning an E. requests and proposals for water and which now generally which ndevelopee facilities located in or which aict nxban densities; ■ or not develop F. nt, including subdivisions, in areas which are . , proposals for new development, not served by public water and sewer; G. planned such as multiyear projections including tal financial policies and plans planneeial d rate adjustments and long-range cap. financing plans for improvements; 1 - i ! - ..' a , . r ,f • 4. 4.44, .k., • BUDGET ORDINANCE 1989-90 . . ORANGE COUNTY, NORTH CAROLINA BE IT ORDAINED by the Board of Commissioners of Orange County SECTION I. BUDGET ADOPTION 1989-90 There is hereby adopted the following Operating Budget for the County of Orange for this fiscally year beginning July 1, 1989 and ending June 30, 1990, the same being adopted by fund and activity, within each fund, according to the following summary. ESTIMATED INTERFUND FUND BALANCE FUND REVENUE TRANSFER APPROPRIATED APPROPRIATION General 41,393,030 735,840 365,597 42,494,467 County Capital Reserve 39,500 1,115,900 1,155,400 Equipment Replacement Reserve 416,810 416,810 Revaluation 17,000 17,000 Fire Districts: Cedar Grove 49,304 49,304 Chapel Hill 600 600 Damascus 12,161 12,161 Efland 68,263 68,263 Eno 103,837 103,837 Little River 38,982 38,982 New Hope 95,892 95,892 Orange Grove 72,683 72,683 Orange Rural 91,398 91,398 South Orange 144,598 144,598 Southern ' Triangle 39,911 39,911 White Cross 65,840 65,840 Efland Sewer Operating 25,200 25,200 Data Processing Enterprise 72,500 72,500 Emergency Services i In-Flight 394,507 394,507 ' 1 11 - - * ' . - SECTION II. APPROPRIATIONS: That for said fiscal year there is hereby appropriated out of the funds the following: FUNCTION APPROPRIAT/ON General Fund Community Maintenance 566,700 General Administration 2,006,520 Taxation and Records 1,581,676 Community Planning 1,083,898 Human Services 8,912,207 Public Safety 4,057,138 Public Works 2,218,205 Education 16,354,273 Contributions to Outside Agencies 1,798,219 Miscellaneous 4880146 Transfers to Other Funds 1,492,210 Debt Service 1,935,275 Total General Fund 42,494,467 County Capital Reserve Fund Transfer to County Annex Project 56,250 Transfer to Remapping Project 100,000 Transfer to Rural Education Center Project 100,000 Transfer to Information Networking Project 100,000 Transfer to Northern Human Service Center Project 64,850 Transfer to Efland Cheeks Center Project 100,000 Transfer to Richard E. Whitted Human Services Building 200,000 Transfer to Tax and Record Complex Project 247,000 Transfer to Parkland Project 25,000 Transfer to Solid Waste Site Acquisition 82,800 Economic Development Infrastructure 40,000 Transfer to Old Courthouse Project 27,000 Transfer to Equipment Replacement Reserve Fund 12,500 Total Capital Reserve Fund 1,155,400 Equipment Replacement Fund Human Services 35,800 Public Safety 182,250 Public Works 198,760 [ Total Equipment Replacement Fund 416,810 Revaluation Fund Reserve for Revaluation 17,000 I 1 " FUNCTION APPROPRIATION Fire Districts - Cedar Grove 6 49,304 4 4 Chapel Hill 12,600 Damascus 12,161 E 103,837 Enno o and 38,982 Little River 38,982 New Hope 95,892 683 Orange Grove 71,688 Orange Rural 191,598 South Orange 44,591 Southern Triangle 39,911 White Cross 783,469 Total Fire Districts Efland Sewer Operating Fund 23,200 Operations 23,2,2200 Contingency 25,200 Total Efland Sewer Operating Fund Data Processing Enterprise Fund 72,500 General Administration Emergency Services - in-Flight 394,507 Public Safety SECTION III. REVENUES: It is estimated that the following Fund Revenues will be available during the fiscal year beginning ingJuly 1, 1989 and ending June 30, 1990 to meet the foregoing Appropriations. General Fund ,222 Property Tax 25,605,6022,222 Sales Tax ,985 Licenses and Permits 5 2,28282,985 Intergovernmental 5,606,955 Charges for Services 637,950 Investment Income 182,000 Miscellaneous 150,740 Transfers from Other Funds 735,840 Fund Balance Appropriated 42,494,467 I Total General Fund �I — ... 3. • County Capital Reserve Fund 1,115,900 Transfers from Other Funds 27,000 Interest Income 17,000 ABC Vehicle Reserve Total County Capital Reserve Fund 1,155,400 Equipment Replacement Fund 416,810 Transfers from Other Funds Revaluation Fund 17,000 Transfer from Other Funds Fire Districts 738,365 Property Tax ,365 Intergovernmental 3188,853 Interest Income Total Fire Districts 783,469 Efland Sewer Operating Fund 25,200 Charges for Services Data processing Enterprise Fund 72,500 Charges for Services Emergency Services - In-Flight 394,507 Charges for Services SECTION IV. TAX RATE LEVY: There is hereby levied for the fiscal year 1989-90 a general county-wide tax rate of 71.0 cents per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district tax rates are levied as follows: Cedar Grove 7.0 New Hope 5.2 Chapel Hill 3.1 Orange Grove 5.0 Damascus 5.6 Orange Rural 3.75 Efland 3.0 South Orange 8.0 Eno 6.2 Southern Triangle 5.0 Little River 4.4 White Cross 7.6 Chapel Hill School District 17.75 i S T. P SECTION V. SCHOOL CURRENT EXPENSE: There is hereby allocated a lump sum of $6,042,869 for Chapel Hill-Carrboro City Schools and $5,361,104 for Orange County Schools, for the purpose of supporting current expense. This appropriation equates to $1057.00 per student based on an average daily membership of 5,717 students for the Chapel Hill-Carrboro City Schools and 5,072 students for the Orange County Schools. SECTION VI. SCHOOL CAPITAL OUTLAY: There is hereby allocated $750,000 for Chapel Hill-Carrboro City Schools for recurring capital and $2,111,200 for long range capital projects. There is hereby allocated $750,000 for Orange County Schools for recurring capital and. $626,000 for long range capital projects. School capital discretionary funds have been allocated in the amount of $713,100. These funds are to be used for asbestos removal in bond funded construction projects. SECTION VII. DOG LICENSE: A license costing $7.50 is required for all unsterilized dogs; $5.00 for all sterilized dogs; $3.00 for all unsterilized cats and $2.00 for all sterilized cats. SECTION VIII. SCHEDULE B LICENSE: In accordance with Schedule B of the 1 Revenue Act (Article 2, Chapter 105 of the NC State Statutes) and any other section of the General Statutes so permitting, there are hereby levied privilege license taxes in the maximum amount permitted on businesses, trades, occupations or professions which the County is entitled to tax. SECTION IX. BUDGET CONTROL: General Statutes of the State of North Carolina provide for budgetary control measures to exist between a County and Public School System. The Board of Commissioners hereby directs the following measures for budget administration and review: Per General Statute 115-429(c) , the Board of Education shall supply a copy of its final budget (once adopted) including the Uniform State Budget Format, annual audit , monthly financial reports, copies of all budget amendments to the Board of Commissioners as to the disbursement and use of local monies granted to the Board of Education by the Board of Commissioners. SECTION X. ENCUMBRANCES: Operating funds encumbered by the County as of June 30, 1989 are hereby reappropriated to this budget. C _ 4=1111=6.4 „ s This budget being duly adopted this 15 day of June, 1989. 4„. ./.11/07.4- 4.,Ar Aff A I :everly Blyt e, Cl- Moses Carey, Jr. , 4 Orange C.unty Board Orange County Boa ,. of Commissioners of Commissioners C.,94 /441 Jphn Hartwell - -• e. en Halkiotis, Vice-Chair Shirt . Marshall • / 4L, . Don Wilihoit 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 Action Agenda Item # SUBJECT: LUP-1-89 LAND USE ELEMENT - SECTION 4.0 (PLAN CATEGORIES-ZONING DISTRICT MATRIX) DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Proposed Amendment Planning Director - Extension 346 2-27-89 Public Hearing Minutes - 4-11-89 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider a proposed amendment to Section 4.0 of the Land Use Element of the Comprehensive Plan. BACKGROUND: Section 4.1 of the Land Use Element presents an overview of various strategies for implementing the Comprehensive Plan. Included among them was a discussion of the Zoning Ordinance and its relation to the Land Use Element. First adopted in September of 1981, references were made to zoning district and land use plan designations in existence at that time. Changes made to the Land Use Element and Zoning Ordinance from September, 1981 to February, 1989 and which added new district/plan categories are the subject of the proposed amendment. Specifically, the proposed amendment revised Section 4.0 of the Land Use Element to: _ 1. Reflect the zoning of Cheeks Township; 2. Reflect the adoption of zoning plans for Chapel Hill Transition Areas; and Carrboro Tr and 3. Reflect the application of the Rural Buffer zoning district and associated development standards to the Rural Buffer area designated on the Joint Planning Land Use Plan. III 2 Changes were also proposed to the Land Use Element Categories-Zoning District Matrix for the same reasons cited above. The matrix is designed to assist decision makers in comprehending the relationship between the Land Use Element and the Zoning Ordinance. The Land Use Element categories, as shown on the Land Use Element Map, serve as the official long range planning guide for the type, density, and form of land use development in the County. The Land Use Element Map determines the zoning districts that may be applied to a specific site within each designated Element area. In the case of activity nodes, the Land Use Element seeks to • concentrate commercial and industrial development within limited areas. The applied zoning districts reflect the level of intensity of these activities permitted in a given node or area. • As indicated above, the public hearing on this item was held on February 27, 1989. No comments were received regarding the proposal. At its April 11, 1989 meeting, the Planning Board recommended approval of the proposed amendment. RECOMMENDATION: The Administration recommends approval of the proposed amendment per the Planning Board recommendation. 3 PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT REFERENCE: Section 4.0 IMPLEMENTATION AND EVALUATION Subsection - Zoning Ordinance ORIGIN OF AMENDMENT: _X_Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: February 27, 1989 PURPOSE OF AMENDMENT: To revise Section 4.0 of the Land Use Element of the Comprehensive Plan to: 1. Reflect the zoning of Cheeks Township; 2. Reflect the adoption of zoning plans for Chapel Hill and Carrboro Transition Areas; and 3. Reflect the application of the Rural Buffer zoning district and associated development standards to the Rural Buffer area designated on the Joint Planning Land Use Plan. IMPACTS/ISSUES: As summarized above. EXISTING PLAN PROVISIONS: See attached text. PROPOSED AMENDMENT: Described below - proposed changes are underlined. 4.0 IMPLEMENTATION AND EVALUATION Zoning Ordinance The Zoning Ordinance is the major legal tool for implementing the Land Use Element of the Comprehensive. Plan. The Zoning Ordinance serves as the means to achieve the desired relationship between land uses; to prevent incompatible land use associations; and to encourage and provide incentives for the more compact and efficient land use patterns delineated in the Land Use Element. Simply stated, zoning is the division of a jurisdiction into different districts and the regulation of population density, 4 buildings and land use intensity, lot coverage, and building setbacks within those districts. Most zoning ordinances divide land uses into general categories of residential, commercial, and industrial use and specify the areas (or districts) where each of these uses is permitted. On September 2, 1981, the Board of Commissioners adopted a revised version of the Zoning Ordinance for Orange County. The Zoning Ordinance currently applies in five townships: Chapel Hill, Eno, Bingham, Hillsborough, and Cheeks. Chapel Hill and Eno Townships were zoned in 1967 and 1970, respectively. The extension of zoning to Hillsborough and Bingham Townships was approved on September 2, 1981. Zoning was extended to Cheeks Township on October L.. 1984. No proposal exists at this time for extension of zoning to the two northern townships, Little River and Cedar Grove. A matrix has been designed to assist decision-makers in comprehending the relationship between the Land Use Element of the Comprehensive, Plan and the key implementation tool, the Zoning Ordinance. The Land Use Element categories, as shown on the Land Use Element Map, serve as the official long range planning guide for the type, density, and form of land use development in the Count . The Land Use Element, Map determines the zoning districts that may be applied to a specific site within each designated Element area. In the case of activity nodes, the Land Use Element seeks to concentrate commercial and industrial development within limited areas. The applied zoning districts reflect the level of intensity of these activities permitted in a given node. The zoning districts applied to each of the Land Use Element categories as presented in the Land Use Element-Zoning Districts Matrix are as follows: COUNTY RESIDENTIAL TRANSITION. Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. The applied zoning districts include: R-1 (low-density); R-2, R-3, and R-4 (medium density); and R-5, R-81 and R-13 (high density) residential uses. COUNTY COMMERCIAL TRANSITION. Identifies areas changing from rural to urban in form and density. A full range of intensities of commercial development would be appropriate. The applied zoning districts include: LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3 (Community Commercial); GC-4 (General Commercial); OI (Office and Institutional); and ED (Economic Development) . COUNTY INDUSTRIAL TRANSITION. Identifies areas changing from rural to urban in form and density. A full range of industrial activities would be appropriate and allowed. The 5 applied zoning districts include: I-1 (Light Industrial) ; 1-2 (Medium Industrial) ; 1-3 (Heavy Industrial); and ED (Economic Development) . CHAPEL HILL AND CARRBORO TRANSITION. On November 2,_ 1987,, A Joint Plannina Agreement, was adopted by Orange, County and, the Towns of Chapel Hill and Carrboro. The Agreement became effective on November 14, 1988, following the adoption, by Orange County, of zoning plans pretared by the two municipalities for their respective Transition Areas. The applied zoning districts are those contained in the Chapel. Hill Land Development Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land use plan categories contained in the Orange County-Chapel. Hill- Carrboro Joint planning Land Use Plan. Reference should made to the appropriate municipal ordinance, and zoning map for a description of the districts and applicable development standards. Under the terms of the Joint Planning Agreement, the Towns of Chapel Hill and Carrboro are responsible, for permit administration within their respective. Transition Areas. RURAL BUFFER. Only very low density residential and agricultural uses are appropriate in the Rural Buffer. The, applied zonina district, j . (Rural Buffer) . RURAL RESIDENTIAL. Identifies rural areas to be developed as low intensity and low density residential. The applied zoning district is R-1 (low density) Residential. AGRICULTURAL RESIDENTIAL. Agricultural activities and associated residential and commercial uses predominate. The applied zoning districts reflect this primary land use and include: AR (Agricultural Residential) and AS (Agricultural Services) . RURAL COMMUNITY ACTIVITY NODE. Identifies rural crossroads communities throughout the County where small scale commercial activities serving the community and surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial) . RURAL NEIGHBORHOOD ACTIVITY NODE. Identifies areas' in the County where small scale commercial uses serving the population in the surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial) . RURAL INDUSTRIAL. Identifies rural areas in the County where small scale industrial activities would be. appropriate. The applied zoning district is L-1 (Light Industrial) . PUBLIC INTEREST AREA. These lands are considered valuable for recreational and research purposes and are afforded special ' 6 treatment. The applied zoning district is PID (Public Interest District) . ******************************************************* PLANNING BOARD RECOMMENDATION: BOCC ACTION: • . - 7 . , . . 1111 E "11111111111 . . . . e im g kill 0. • 2111C111 1111111 . Fi 1r 6111iii • - 6101 1 IIII L11111111 i 111111_ ! ill' 2.1. 11111111E:, • IllIMI ! E., 111111111Friiii ho . = MEI E 1111111mi ogi • in .4... - 0 . I LI. iml .c. 5. al so _ Ei, • in go . MIMI lal 1111111 •; _ u c • " 1" Z ' I II 1111111164- .=— ni .. • Z I • L3 --5 ft letrill" - 251i . . . .A..x_2p..Z.....11 . ' •. :! II:1:Mlra 11 : 1II111$11,, • ' -... . 7 I INT Li i mummil ., oc hid en LI 7 MEM cl 11111111 . •..... et ilt c C1) cx€ 111j3111E1— : 1111111111111 ,, _ tO C9 cores 0 1 c I - o : 0 . N o •. - . ' U) 4.. --...- . ••.- 0. •N. . 13 .0 • ti . ..'0 . ..4--. 0 0 :CZ ›' 0272; • 03 •1:: - Itr.. ' > '5z >. c o) • co c ii :!-_•1 tr.; = 13 > u .,..1. • c To" C c 0 • I...... n * U a) 0 - c - — E — • 0 . F -o ... .o ,. CA < Tote w 0 •tn ..- a) *C 'TA .,... 01.=-E go ...- E E in Zi.i ' .0 ra = I t .a) 0, E .° = t o -= 0 co 0 • ....,- t. .01 C) . 'V -15 125 Fli E 2,1.5 g 5 c g • c Do c 0 .c Ca = =I = ...in,. „ ..., CZ.' .:/- • CC <titer.) 0 0 F•■ CC;CCIUILL1W.W . . A . . _ ,_ - 8 --:-." -- ,4:: '' ; ; _-. 4.0 IMPLEMENTATION AND EVALUATION - 4.1 OVERVIEW OF IMPLEMMENTATION STRATEGIES - The awareness and desire for appropriate and Managed development and use � ; • .. - of the land which led to _the conception and development of the - _County Land Use Plan will remain merely a "good idea" unless -a.�c o m a i t=- = -- -_ went is made-to translate the concept into physical f o r m t h r o u g h adoption_2- --=- _.._ - - ' a n d implementation. . T h e L a n d Ilse -Plan is a,carefully.t h o u g h t-o u t state ---=_"-- ment_of policy regarding the_Pattern of_physical .develcypa�ent._in-. -County; ;7. 4_ _ . As t h e l o n g-r a n g e planning framework, it should be considered in the day f_ . - .; to day decision-making and implementation of policies affecting the use- - :. ;. of land. • - - - __ _._ To be effective a commitr:arnt should_be_made..byder-i el en-ralcer.and-citizen --� __ : .. alike to the policies outlined in the Plan. •Failure to do so may result . ' -:- in a weakening of the day to day decision-making process and could lead to deterioration of the man-made and physical environments. Uncoordinated --.-__ . _ °'decision-making, inconsistent with the goals and policies set forth in the -- I - - Plan, will result in arbitrary and 'unreasonable actions affecting the -- - _ - development and integration of land uses in the County: = Commitment to the Plan does not presume an inflexible and unchangeable - . 1 document. . Commitment should correspond with a willingness to recognize ; __ and adapt to the constant change in the planning context by incorporating ___ :_ flexibility in the Plan. As long as internal consistency is maintained . - - and the goals and policies remain intact, acid until Such time as the _ " 11 public participation element ce119 for a revision of the goals and policies, .�l the.Land Use Plan Will remain a flexible policy document guiding develop-- rent as intended. - - The success of the planning activity, however, is dependent on the degree • to which public and private development actions and decisions are coon' dinated since the Plan is not "self-executing". Legal, financial and administrative tools must be developed and utilized effectively. These . implementation tools include: a zoning ordinance; subdivision regulations; a sedimentation and erosion control ordinance; a flood damage prevention ordinance; .building and fire codes, among other; water and sewer extension policies; a thoroughfare plan; ccmraaiity development projects; public in- vestments; coordination with other plans; and public education and awareness. . ZonjngOrdinance ill II The Zoning Ordinance is the major legal tool for imalementating the Land Use Plan. The Zoning Ordinance serves as the means to achieve the de- sired relationships between land uses; to prevent incompatible land use associations; and to encourage and provide incentives for the more compact and efficient land use patterns delineated in the Plan. Simply stated, zoning is the division of a jurisdiction into different districts and • the regulation within those districts of the density of population, in- tensity of the use of buildings and land, and lot coverage and required . setbac!m. Mnst zoning ordinances divide land uses 4.1-1 lk 9 into three general categories of residential, commercial and indus=r ----- uses and specify the areas where each of these uses is permitted. On September 2, 1981 the County Board, of Commissioners adopted a revised version of the Zoning Ordinance for Orange County. Crange County's Zoning Ordinance currently applies to four townships: Chapel Hill, Eno, Bingham and Hillsborough. Chapel Hill and LnoTowships were zoned in 1967 and 1970 respectively. The extension of zoning to Hillsborough and Bingham Townships 11 Was approved on September 2, 1981:N:proposed extension of zoning to Cheeks Township has gone to public hearing, but the Board of County Carmissioners has not yet taken action on the proposal. No proposal exists at this time for extension of zoning to the two northern townships, Little River and Cedar Grove. •A mat-ix has been designed to assist decision-makers in comprehending the relationship between the Land Use Plan and the key implementation tool, the Zoning Ordinance. The Land Use Plan categories, as shown on the Land Use Plan Map, serve as the official long range planning guide for land use • development in the County by type, density and form. The Land Use Plan Nep determines the zoning districts that may be applied to a specific site with- in each designated plan area, consistent with the broad definition of land I • use patterns in each plan area. In the case of activity,nodes, the Plan seeks to concentrate commercial and industrial development within limited areas. The applied zoning districts reflect the level of intensity of these activities permitted in a given node. The zoning districts applied to each of the Land Use Plan Categories as pre- sented, in-the Plan Categories-Zoning Districts Matrix are as follows: • a ) mum RESIDEMALTRIINSITION. Identifies areas changing from rural to urban in form and density. All densities of residential development would be ap- 1 propriate. The applied zoning districts incluelp• R-1 (low density); R-2, R-3, 54 (medium density): and R-5, R-8, R-13 (high density) residential uses. -- I coany COMKERCIAL TRANSITION. Identifies areas changing from rural to urban in form and, density. A full range of intensities of commercial development would be appropriate. The applied zoning districts include: LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3 (Community Commercial); GC-4 (General Commercial); OI (Office and Institutional; and ED (Economic Development). . _ _ COUNTY INDUSTRIAL TRANSITION: Identifies areas changing from rural to urban in farm and density. A full range of industrial activities would be appro . priateand allowed. The applied zoning districts include: I-1 (Light Indus- trial); 1-2 (Medium Irdustrial);_IT.3_(Heavy industrial);-and ED-(Economic ------- -- Development): - ' - - - - -- ----_—_-7:-------7- - - -• •- - CARRBORO TRANSI=ON.--In the Carrboro Transition area, the full-clent _ of residential, critmercial and industrial uses are appropriate, except - far the GC-4 (General Commercial); I-1 (Light Industrial); and ED (Economic Development) districts. . - ORAFEL HILL TRANSITICN. In the Chapel Hill Transition area, a full range ) • 4.1-2 - ...,._....,,. ... . _. _ .. . 10 „ .. i , . .• i . • I . . . a • . . . ---. 0 a. . . I . tr. . .• . . _ _._ __.. _ . _ • _ ••,e - • _ . _ . _ . ..... • • • . • . i ...... .... . .._ ••• • __.. .. _.. ___. . ........___. _ . . , 4 .... . __ _ .. .. - " . I ._ - I:' . . . 0 . . . .- - .. • - I .. ... _- ...I - ..+........ -- ..■...---...... I . .- -.--.-.... ■.. ....... — ...— ...... . . . - .. S . e a z . ... e 2 1", 0 0 . . . 0 . _ .. , 1 g:. t,.., . 50 . . - .. . _ , . I . ca ....01 •011 , 0 . e 0 0 ' . 1 IV& =cog 0 0 0 I X . ...... 4:- tick ce,14 i 0 0 0 • . . . ..... I 2 k • eeeo , • • • •,,,.. ..., 1 . b 4.■••■■•■=e• k . • cn 8 w .1 g 1 . w z 0 •.... 8 8 z o . • 1- z 1- NI ...r M i 5 )- 1= 5 5 r. >• 5. I-• I. 4 5. it I- 0 p w. < 4 p 4 > C.) . . • p < = ..r E - _1 •co. cc 1._ in cc § 4.) cc cc ..., cc z cc ...i < rz m I 01 p.... z ill cr z z ce i 2 cc In .2 8 —I < CC ri/ I— —I 14- cr x 2 I— a in 41 CC M W CC 0 ="3 64- 41 I-- rtj g 0 t.) 1/1 M 0 0 Z . (..) . CC CC cm z z 0 ›- z • —I ...: co W ....t U —1 F- 1. C z L.) cc 0. < I a_ ce _ 0 (IC U 5 Xt.) CC M O. tr . E . 0 u 1 8 v - i S314093273 Mild 3sn awn , 1 • . . • .. 1 I 11 cf residential densities are appropriate, complemented with commercial development at the level of intensity provided, for in the following zoning districts: (Neighborhood Commerc1n1 ); CC-3 (Community Commercial; and OI (Office/Institutional). RURAL BUFFER. Only very low density residential and agricultural uses are appropriate in the Rural Buffer. The approved zoning districts include: AR (Agriculture/Residential) and R-1 (low density) residential. RURAL RESIDENTD1. Identifies rural areas to be developed as low intensity and low density residential. The applied zoning district is R-1 (low density) residential. 11 AGRICULTURAL RESIDENTIAL. Agricultural activities and associated residen- tial and commercial uses predominate. The applied zoning districts re- flect this primary land use and include: AR(Agricultural Residential) and AS (Agricultural Services). • RURAL COMMUNITY ACTIVITY NODE. Identifies rural crossroads communities throughout the County where small scale commercial activities serving the community and surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial). RURAL NEIGHBORHOOD ACTIVITY NODE. Identifies areastin the County where smAll scale cammercial uses serving the population in the surrounding area are appropriate. The applied zoning districts include LC-1 (Local CammerciaL) and NC-2 (Neighborhood Commercial). RURAL I IBIAL. Identifies rural areas in the County where small scale industrial activities would be appropriate. The applied zoning district • is L-1 (Light Industrial). PUBLIC INTERE2T AREA. These lands are considered valuable for recreational research pruposes and are afforded special treatment. The applied zoning district is P/D (Public Interest District). • Subdivision Regulations Subdivision-Regulations govern the conversion of raw land for intensive use. They serve as the means to secure a well designed and coordinated pattern • of streets, lots and utilities in advance of subdivision, given the relative i permanence of the character of the subdivision once completed. This imple- mentation tool is particularly necessary to coordinate -existing development • and potential future development with proposed development. As the interest - I of the developer is generally short term, the application of subdivision regulation protects not only the individual homeowner, but also the general public by providing for a review Process which suggests and facilitates coor- dination of the proposal with the long range specifications of the Plan. By providing an opportunity for negotiation it likewise allows for the potential - coordination of public and private activities. • - - - - Orange County's Subdivision Regulations were enforced in Chapel Hill and no Townships in 1967 and 1970 respectively. The Subdivision Regulations were enforced in the remainder of the townships in the County in 1978. 4.1-4 12 Chairman Carey pointed out that he would not have to do an environmental impact statement unless the assessment had been done and he corrected the statement indicating the section under discussing is on the Environmental Impact Statement. Wade Parrish, Orange County citizen, spoke in opposition to the Environmental Impact Ordinance. He disagreed with the entire proposal. He believes the state is taking care of regulating these matters and they do not need to be duplicated by Orange County. A motion was made by Chairman Carey, seconded by Commissioner Marshall, to refer this item to the Planning Board. This Public Hearing will remain open to receive written comments until March 13th, which is a week before the Planning Board meets. This matter will be returned to the Board of Commissioners no sooner than April 3rd. VOTE: UNANIMOUS. • 3. COMPREHENSIVE PLAN AMENDMENTS a. LUP-1-89 Land Use Element - Section 4.0 Plan Categories-Zoning District Matrix The presentation was made by Marvin Collins. In summary this item is to receive citizen comment on a proposed amendment to Section 4.0 of the Land Use Element of the Comprehensive Plan. The proposed amendment would revise Section 4.0 of the Land. Use Element to: 1. Reflect the zoning of Cheeks Township; 2. Reflect the adoption of zoning plans for Chapel Hill and Carrboro Transition Areas; 3. Reflect the application of the Rural Buffer zoning district and associated development standards to the Rural Buffer area designated on the Joint Planning Land Use Plan; and 4. Reflect proposed amendments to the Zoning Ordinance text and atlas establishing and applying two distinct Public Interest District Zoning district designations. - PID-1 and PID-2. NO COMMENTS WERE MADE. A motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 3, 1989. VOTE: UNANIMOUS. b. LUP-2-89 Activity Node E-2 - Eno Township - See also Item # D.5.e (Rural Residential to 20-Year Transition) The presentation was made by Planner David Stencil. In summary this item is to receive citizen comment on a proposed amendment to the Land Use Element of the Comprehensive Plan. The area in question contains six lots and a portion of another north of the Interstate 85/U.S. 70 interchange in eastern Eno Township near the Durham County Line. The 25.44-acre area fronts on Interstate 85, however, it is accessed through Laurel Ridge Road and Pleasant Green Road. The Eno River is located less than 1/4-mile to the north. The proposed amendment, if approved, would change the Land Use • - Planning Board 4/11/89 Minutes 13 • farmland will be indicated on Soil Conservation Service maps. Discussion followed regarding the notification of individual property owners. It was noted that many of the sites could be eliminated very easily due to very obvious restrictions such as towers, creeks, topography and inadequate road systems. The question of the monitoring of noise levels at Horace Williams Airport and Mr. McDowell indicated he had been unable to find any monitoring for Horace Williams. Mr. McDowell reminded the Board members that the ultimate decision was with Orange County. The consultants can only do their best not to miss the plan and make recommendations. Dan Eddleman presented written comments that he wanted entered into the record. These comments are an attachment to these minutes on pages . Jacobs suggested that perhaps TAC meetings could • • be used to inform the public once the number has been revised to 3 - 5 sites rather than waiting • until one specific site has been chosen. Eddleman indicated agreement with the suggestion. AGENDA ITEM #6: MATTERS HEARD AT PUBLIC HEARING - FEBRUARY 27, 1989 Collins noted that all of the agenda items under #6 were considered at the February 27, 1989 public hearing. He suggested that unless there were specific questions that no presentation would be necessary. - a. Comprehensive Plan Amendments . (1) LUP-1-89 Land Use Element - Section 4.0 Plan Categories Zoning Matrix MOTION: Yuhasz recommended adoption of the amendment. • Seconded by Pilkey. VOTE: Unanimous. b. Zoning Ordinance Text Amendments (1) Kennels UPP,..010MONNMemo, ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. C4-5 ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 28, 1989 SUBJECT: CARRBORO TOWN COMMONS FARMER'S MARKET DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: . NO: X ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 TELEPHONE NUMBER- Hillsborough - 732-8181 • Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider releasing $15,000 reserve to Carrboro for the Farmer's Market. BACKGROUND: During the final budget work session of June 15, the Commissioners asked for clarification as to operational procedures of the Farmer's Market prior to releasing the $15,000 appropriation to Carrboro. Fletcher Barber, Extension Director, Keith Baldwin, Extension Agent and. Bob Morgan, Carrboro Town Manager were asked to respond to the, Manager's inquiry on the present operation of the Carrboro Farmer's Market. The substance of their response indicates confidence that the organization as presently structured is efficiently and effectively managed. Protocols are in place to assure that sellers are treated in an equitable manner. RECOMMENDATION(S) : Based on the above referenced responses, the Manager recommends that the $15,000 be conveyed to the Town of Carrboro. ..,,_ -s.-... ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. f-I ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: APPOINTMENTS DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER- ' Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To maintain membership at effective levels on Commissioners' appointed boards and commissions. BACKGROUND: The following recommendations are presented for consideration of appointment: CITIZENS ADVISORY BOARD ON AGING: Reappoint Lula Mae Cotten to her second full term as Chapel Hill representative (term ending June 30,1992) . Appoint Norm Gustaveson as an "At Large" representative to replace James Singleton who does not wish to be reappointed at this time. Mr. Gustaveson's first term will expire. June 30, 1992. No recommendation has been received for the Hillsborough appointee. ECONOMIC DEVELOPMENT COMMISSION: The EDC Board has recommended the following appointments: Robin Zill to fill the unexpired "At Large" term created by Steve Cruises' resignation. Her term will expire June 30, 1991 and she will be eligible for two three-year appointments. Appoint Howard Lee for a full three-year term as an "At Large" representative. He will replace John Gastineau who has served 2 terms. Mr. Lee's term will expire June 30, 1992. Reappoint Shirley Reynolds to a full three-year term as an "At Large" representative. Her term will end June 30, 1992. HUMAN SERVIES ADVISORY COMMISSION: Reappoint Karen Metzguer to a three-year "At Large" term, which will end June 30, 1992. Appoint Dr. Martha Branscombe, Ethel G. Girvin and Beverly Havens to first terms as "At Large" representatives, serving until June 30, 1992. JOINT ORANGE-CHATHAM COMMUNITY ACTION AGENCY: The Town of. Hillsborough has recommended that Emily S. Knight be appointed as that municipalities representative to JOCCA. She will replace Ruth Long who resigned last year. There is no set term of service. TRIANGLE J EMS COUNCIL: Reappoint Victor Germino for a two-year term which will end June 30, 1991. This will be Mr. Germino's third two-year term. He will take over as consumer representative, the position held by AmiKenneth Morgan who does not wish to be reappointed. RECOMMENDATION(S) : As the Board decides. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: APPOINTMENTS -ADDITIONAL ITEM DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : UNDER SEPARATE COVER INFORMATION CONTACT: TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968 -4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Continuation of APPOINTMENTS ITEM BACKGROUND: An additional recommendation for appointment was received. RECREATION AND PARKS ADVISORY COUNCIL: Appoint Dwight T. (George) Shaw to represent Eno Township. His appointment will expire March 1, 0 1992. • RECOMMENDATION(S) : • • 1 ORANGE COUNTY BOARD OF COMMISSIONERS - Action Agenda Item No. 7 +-A ACTION AGENDA ITEM ABSTRACT Meeting Date: June 28, 1989 SUBJECT: Public Hearing - Interim Assistance Grant Application DEPARTMENT: Housing/Community Dev. PUBLIC HEARING YES: x NO: ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes Application (under seperate cover) TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive citizen comments regarding the County's Interim Assistance Grant Application, approve the application in consideration of comments received, authorize the Chair to sign the Application on behalf of the Board and authorize the Chair to sign the Environmental Review Record contingent upon a finding a no significant impact. BACKGROUND: The Housing and Community Development Department along with the Colie Development Company has prepared an Interim Assistance Grant Application for submission to the state on or about June 30, 1989. This application will request approximately 2.5 million dollars low interest construction loan financing to be used in the development of housing for low and moderate income homebuyers in a planned subdivision, Culbreth Park. NRCD requires applicants to conduct a public hearing after the application is completed but prior to submission to the State. Comments received at this hearing will be considered prior to submission of this application to NRCD. Additionally, the State requires that an Environmental Assessment be completed for projects such as Culbreth Park. This assessment takes an average of 30 - 45 days for staff to complete. The results of the assessment must be compiled into a document known as an Environmental Review Record which must be executed by the Chief Elected Official of the County. To prevent delay if awarded this grant/loan by the State, County staff is requesting that the Board authorize the Chair to execute this document when completed, on behalf of the Board since completion is estimated to be during July when no regularly scheduled meeting of the Board will be held. This request is contingent upon a finding that the project will have no significant impact on the environment. *1 9 2 RECOMENDATION(S): 1 . Approve the submittal of the application after consi- deration of citizen comments and authorize the Chair to sign the document on behalf of the Board. 2. Authorize the Chair to sign the Environmental Review Record on behalf of the Board when completed contingent upon a finding that the project will have no significant impact on the environment. • 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 28, 1989 Action Via Item # SUBJECT: PD-1-89 McLENNAN'S FARM PLANNED DEVELOPMENT DEPARTMENT: PLANNING PUBLIC HEARING: x Yes No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Application Extension 574 Vicinity Map Site Plan Project Description TELEPHONE NUMBERS: Agency Comments Hillsborough - 732-8181 • Findings of Fact Durham - 688-7331 (See May 22, 1989 public hearing Mebane - 227-2031 packet for above information) Chapel Hill - 967-9251/968-4501 6/14/89 Letter from Applicant Proposal for Wastewater System 6/16/89 Memorandum from County Engineer PURPOSE: To receive additional information and public comment regarding a proposed application for a Planned Development-Special Use Permit for McLennan's Farm. BACKGROUND: In October of 1987, Mr. Leon Todd submitted an application (PD-4-87) for a residential Planned Development in the Rural Buffer. The plan for McLennan's Farm included fourteen (14) lots to be served by a community low pressure system for sewage disposal. The application first went to public hearing on November 23, 1987, and again on January 4, 1988. The public hearing was continued to the Commissioners' meeting on March 1, 1988 to receive the Planning Board's recommendation and comments submitted by Orange Water and Sewer Authority. At the March 1, 1988 meeting, the Commissioners voted to continue the public hearing on McLennan's Farm to June 21, 1988, and to authorize the County Manager to seek an independent consultant to study the advisabil- ity and effectiveness of alternative systems for 'sewage disposal. Subsequently, the County contracted with Hazen and Sawyer, consulting engineers, to prepare the study. The Hazen and Sawyer report was presented to the Commissioners on August 22, 1988. Due to the length of time required to complete the alternative systems study, the McLennan's Farm request was inadvertently left off the June 21 Commissioners ■ 2 agenda. Since the public hearing was not continued to a date certain, the McLennan's Farm application expired. A new application was presented at the May 22 public hearing. However, the only new evidence submitted was information which clarified the ownership, operation, and maintenance of the proposed wastewater disposal system. The layout and design of the proposed resi- dential planned development remained the same. The public hearing was continued to the June 28 Board of Commissioners meeting to allow time for the Planning Staff and the County Engineer to meet with the applicant, and obtain additional information on the adequacy of the proposed system for wastewater disposal. RECOMMENDATION: The Planning Staff recommends approval of the Planned Development/Special Use application for McLennan's Farm with the following conditions: 1. The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all improvements plus ten percent (10%) . The amount shall be determined on the basis of fully executed construction contracts or certification by a registered engineer employed by the grantee of this Special Use Permit. As improvements are completed a corresponding amount of money may be released from the security instruments or the security instruments may be re-negotiated based on the "yet to do" portion of the improvements. 2. The plans and specifications for the design and construction of the system for wastewater disposal shall be approved by Orange County and the Orange County Health Department. 3. The wastewater disposal system and nitrification fields shall be operated by Orange County, a municipality, a public water and sewer authority or a State licensed and certified utility company, selected by the developer and approved by Orange County. 4. Orange County will issue a Zoning Permit(s) for McLennan's Farm only after final approval is obtained from the North Carolina Department of Natural Resources and Community Development, Division of Environmental Management for the community low pressure wastewater disposal facility. A copy of the State permit(s) must be provided to the Orange County Planning and Inspections, and Health Departments as part of •■ 3 the application for the Zoning Permit(s) . 5. Orange County will issue a Zoning Permit(s) for individual lots only after the N.C. Division of Environmental Management has inspected and approved the wastewater system construction. 6. A contract between the approved utility and the developer/homeowners for ownership, operation and maintenance of the sewage disposal system shall be approved by the Orange County Attorney, and shall include the following provisions: a) Each lot owner, the Homeowners Association, and the utility shall be responsible for all operation, maintenance and repairs on the system. b) All system equipment on individual lots shall be owned by the individual homeowners. However, the utility shall have right-of- access to all private wastewater equipment. c) Each individual septic tank and sewage collection system on each lot shall be installed by the same contractor using the same brand of equipment. d) Should system equipment on individual lots need repair or replacement, the homeowner will be responsible for repair of the system, which repair must be inspected and approved by the utility, the N.C. Division of Environmental Management, and the Orange County Health Department. e) Should the homeowner fail to initiate action to have a faulty system repaired, the utility shall have the right to either shut off the valve at the street or repair the equipment and charge the homeowner for the repairs. f) The utility shall, per applicable State and local laws and regulations, meet all bonding requirements. g) A one-time Facilities Maintenance Fee of $700.00 will be assessed against each lot for the purpose of system maintenance and repair. The money is to be deposited in the name of the Homeowners Association in an approved bank or savings and loan institution licensed to do business in North Carolina and be under the management of the utility. The utility shall have access to the account for system repair and maintenance. An annual report of the account status is to be provided by the 4 utility to the Homeowners Association and Orange County. The Homeowners Association shall have access to account records to verify account balances and expenditures. 7. The system design engineer and/or the utility shall be present on site at all times during installation of the distribution lateral lines. 8. Due to the design capacity of the wastewater disposal system, the total number of bedrooms permitted for the 14 lots shall be 42, three bedrooms per lot. This limitation shall be included in the restrictive covenants for McLennan's Farm. 9. Low flush (1.5 gallons per flush) toilets shall be required for use in all residential units. 10. Each lot owner shall be responsible for a pro-rata share of the cost of operation, maintenance and repair of the community wastewater disposal system and nitrification fields which responsibility shall be a covenant running with the land and be documented in the restrictive covenants for McLennan's Farm. 11. No portion of the proposed jogging trail shall be located within the proposed nitrification field. In addition, a 15-foot pedestrian access easement shall be provided from the right-of-way of McLennan's Farm Road to the jogging trail. 12. A fence shall be provided around the nitrification field and repair area to limit vehicular and pedestrian access and prevent compaction of soils. The location of the nitrification field with respect to the intermittent stream shall be denoted on the plan. Excepting those structures used to house facilities associated with the sewage disposal system, no other permanent structures shall be built on the nitrification fields or on the designated reserve area. 13. Before a Special Use Permit is issued, documents pertaining to the creation and operation of restrictive covenants and a homeowners association must be submitted to and approved by the County Attorney. The documents shall identify all improvements which will be owned by and/or will be the responsibility of the homeowners association to operate and maintain, including the estimated annual cost for same. In addition to improvements, all permanent devices installed for the purpose of erosion control shall also be the responsibility of the homeowners association. 1059511P...*- 5 14. 30-foot drainage easements (15 feet each side • of stream) must be shown on the site plan • and erosion control plan on Lots 10 and 13 adjacent to the intermittent stream and spring. The water level of the existing pond on Lot 6 must also be designated on these plans. • 15. Tree protection areas must be delineated on the plan as required by Section IV-B-8-c-1 of the Subdivision Regulations. Proposed street trees must be located a minimum of 15 feet from the edge of the 12-foot utility easement. 16. Construction plans for McLennan's Farm Road and George Poe Road, approved by the N.C. Department of Transportation and including stormwater culvert • sizes and hydraulic calculations, must be submitted to the Planning and Inspections Department. 17. Property lines are to follow the sight triangles at Bowden Road (SR 1946) . 18. Additional right-of-way is to be dedicated at the entrance island to accommodate a 6-foot wide shoulder and ditches with a 2:1 slope. 19 . Sight triangles are to be dedicated at the intersection of George Poe Road and McLennan's Farm Road. 20. Access to Lots 8, 9, 10 and 11 is to be limited to George Poe Road and shall be so noted on the site plan. 21. If McLennan's Farm Road is to be extended, the cul-de-sac right-of-way must revert to the adjoining property owners. A sign must be posted at the end of the cul-de-sac indicating possible future road extension. A notation must be placed on the plan indicating same. 22. Grading on the site shall be kept to a minimum, and existing vegetation shall be retained wherever possible. All plans for drainage, soil erosion and sedimentation control shall be reviewed and approved by Orange County before the Special Use Permit is issued. In addition, Orange County shall inspect the installation of control devices and the on-going work for the total project. The project shall at all times meet the requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. 23. Lot line dimensions must be denoted on the plans. 24. Payment-in-lieu of dedication of recreation/open • - . • 6 space must be submitted in the amount of $1076.00. The exact nature of the recreation activities must be denoted on the plan, including the location and type of exercise stations and the potential use of the open play area. All recreation facilities shall be constructed as shown on the approved plan. 25. The 12-foot utility easement must be labeled as a utility and pedestrian access easement on the site plan. Pedestrian crosswalks must also be provided where the jogging trail intersects McLennan's Farm Road. 26. All electricity, telephone and cable television • (CATV franchised by Orange County to serve the development) utilities shall be installed underground. All necessary easements to permit • said utility installation, servicing and hook-up to the development and to each unit within the development shall be provided at no cost to the utility. 27. Provide a legal description of the property to the • Planning and Inspections Department to complete the application. 28. All signs shall be erected in compliance with Articles 9 (Signs) and 7.14 (PD-H) of the Orange County Zoning Ordinance following issuance of required sign permits. No sign may be erected in the sight triangles for the entranceways to the development. 29. Revise the table of figures on the site plan to indicate compliance with Article 5.1.1. 30. Indicate on the site plan locations of all proposed buildings and specify the approximate height of each (not to exceed 25 feet) . 31. A final boundary survey of the Planned Development and required improvements shall be recorded by the developer with the Special Use Permit. 32. The final site plan and narrative of the project, incorporating all changes, deletions, and additions through the final approval of the project, are to be incorporated herein and made a part of this Planned Development Special Use Permit. Copies of the final site plan and narrative are to remain on file with the Orange County Planning and Inspections Department. Any applicable permits, upon application, will be issued after approval and recordation of the Special Use Permit. wzmazzannow 7 33. The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with the above conditions. 34. If any of the above conditions is held invalid, the special use permit shall become null and void. . FZUMIZIEMirif,. .Young-Jewell 8 , &Associates IlmtscapeAmhiteds rimums June 14, 1989 Mr. Marvin Collins, Director Orange County Planning Dept. 306 F Revere Road Hillsborough, NC 27278 Re: McLennan's Farm Subdivision Dear Marvin: Based on recent meetings and conversations with Paul Thames, we have decided to change the proposed ownership of the wastewater system from that of the homeowner's association to one which is owned directly by the private utility company, as we understand is the desire of the County. The details of system ownership and maintenance are as follows. 1) The wastewater system equipment and nitrification fields will be owned and operated by a State licensed and certified utility company,selected by the developer. 2) The utility shall be responsible for all operation, maintenance and repairs on the system. 3) All system equipment on individual lots shall be owned by the individual homeowners. However, the utility company shall have right-of-access to all private wastewater equipment. 4) Should system equipment on individual lots need repair or replacement, it is the responsibility of the homeowner to contract with the utility company for repair of the system. 5) Should the homeowner fail to initiate action to have a faulty system repaired, the utility company shall have the right to either shut off the valve at the street or repair the equipment and charge the homeowner for the repairs. 6) The utility company shall, per state requirements, post a $10,000 bond to be revoked by the State Utilities Commission should the utility default in its operation of the system. 7) Should the utility company default on operaton of the system or abandon the facility, his title to the system and all land associated with the system shall revert back to the homeowners association and subsequently be transfered to the new utility company. 6320 Quadrangle Drive, Suite 220 • Chapel Hill, North Carolina 27514 • 919.490.8542 9 We have met at the site with Paul Thames and he seems satisfied with the suitability of the site and the proposed field layout. Please do not hesitate to call if you have any questions concerning the above matters. Sincerely, YOUNG—JEWELL & ASSOCIATES,PA — itati Daniel A. Jewell, ASLA cc.L. Todd C. Morgan P. Thames AGRI CULTURAL RESOURCES CE • nil PEST' icicle ElDu c t i cirri p sz.j 115 WEST MAIN STREET 10 CARRBORO, NORTH CAROLINA 27510 mAY 3 0 919/967-1886 May • Ms. Beverley Blythe , Clerk Board of Commissioners Orange County 109 Court Street Hillsborough , NC 27278 RE: Hearing on McLennan's Farms , Subdivision , May 22 & June 5, 1989 . Dear Ms. Blythe : • Enclosed is a copy of a statement which formed the basis of my remarks ccincerning the McLennan's Farms subdivision and development in the University Lake watershed to the joint public hearing held by the Orange County Commissioners and the Planning . Board on Monday, May 22, 1989. I neglected to leave a copy with You at the time . I understand the hearing has been continued to June 5th . Also enclosed is copy of the letter from Mr . Paul Wilms, dated, April 19, 1989, relating his decision to reject the application for the Amberly subdivision in Carrboro. His decision was based primarily on its contribution to pollution and urbanization of the watershed. Commissioner Shirley Marshall read parts of the letter into the record, and I quote from it in my statment. I thought that you would want to have a copy of . the entire text. Also enclosed is a copy of the statement made at the earlier • hearing on McLennan's Farm, in November , . 1987, which should be in Your files and which is. I believe, still relevant . - I would appreciate it if you would enter these materials into the hearing record and pass them on to the planning staff, the Planning Board, count manager, and others who will be • considering the issue . -Thank YOU very much for your help . • Sincerely, /1120„ -ip.* M/ Allen Spalt Ammummon • . " 4* PROTECT ix- OUR 4* 14A-rE R 411- ..• • 300 JAMES STREET 11 CARRBORO, NORTH CAROLINA 27510 c/o Allen Spalt n7-3054 May 22, 1539 TO: Orange County Commissioners - FROM: Protect Our Water, by Allen Spalt RE: McLennan's Farm and Protection of University Lake Watershed - Chairman Carey and Members of the Board of Commissioners: There was substantial controversy just two years ago over the Town of Carrboro's consideration and approval of Intensive development in the University Lake Watershed. Water quality experts, Carrboro residents, officials from OWASA, Chapel Hill , and Orange County agreed that the Amberly project as then proposed posed an unacceptable risk to the public water supply. The development , as YOU recall , consisted of over 150 houses and a polo complex served by an experimental low pressure underground waste water disposal system. The citizens group Protect Our Water (POW) was formed to fight the Amberly project and to work for protection of our invaluable water resources. McLennan's Farms, in the watershed in Orange County's jurisdiction, was proposed at about the same time . Though smaller than Amberly, it was no better. POW members testified at an earlier public hearing in November, 1987, against approval of the subdivision . We said, among other things, "A public water supply is not an appropriate place for research on alternative waste systems" . What has happened since on these issues: --Approval of Amberly became the major issue in the next Carrboro election . All the supporters of the project , including the former mayor , who were running were defeated and replaced by candidates who opposed Amberly and favored greater protection of the watershed. --Citizens filed suit against approval of the Amberly CUP by the Carrboro Baord of Aldermen . The suit was dismissed on proceedual (standing) rather than substantive grounds. --OWASA enacted a moratorium on extension of water and sewer lines in the watershed pending the outcome of a study of the carrying capacity of the watershed. --Carrboro adopted a moratorium on developments with • alternative systems or more than four septic systems • pending consideration of the OWASA study. • ' - - --Orange county adopted the "rural buffer (RB) designation with 1 unit per 2 acre minimum lot size . 12 --The NC Division of Environmental Management (DEM) classified University Lake as a "WS—I " watershed--its highest rating, after extensive study and public hearings. --The OWASA study by Camp , Dresser , and McKee concluded that . protection of already threatened University Lake required at least the following: --development at no oreater. than 1 unit per 5 acres; or, --density of 1 unit per 2 acres only with structural "BMP's" ; that is, wet detention ponds which are publicly owned and maintained; or , --Clustering in which approximately 85 percent of the land remained permanently undisturbed; and, --use of individual septic systems as the prefered means of waste disposal ; and, --no extension of water and sewer service into the watersehd except , perhaps, to serve cluster developments near existing service ; and, --no use of alternative waste s stems because of their greater unreliability. --The DEM,' permitting agency for Amberly's waste treatment system, held in Carrboro its first ever public meeting on a non—discharge system because . Citizens and public officials, including Orange County Commission Chair Moses Carey, urged extreme caution in protecting the watershed. --DEM Director Paul Wilms turned down Amberly's permit stating the development "will allow urbanization of the watershed, and, therefore , will not be compatable with the requirements" for WS—I watersheds. Specifically, Mr . Wilms found that : 1 ) The development and its waste waster treatment facility "are not in accordance with the requirement that the watershed remain, in a natural and predominately unihabited state" ; 2) "The development will contribute to nonpoint sources of pollution in the watershed" ; 3) "The development could significantly compromise the pristine quality of Morgan Creek" ; and, 4) 'All of these factors could exacerbate the quality and eutrophic status of University. Lake , particularly with regard to nutrient loading, which in turn would comproimise the quality and use of the Lake as a drinking water source . " --The State Environmental Management Commission (EMC) upheld DEM's decision to reject the Amberly permit. --The developer of Amberly announced his intention, to redesign the project to make it "consistent with the recommendations of the OWASA study. Specifically, he will submit plans with no more than 1 unit per 5 acres, reducing the number of houses from 157 to about 40 . . In sUmmary, over the past two years the largest single A .' threat to University Lake from development in the watershed has been substantially reduced in scope as the result of a major, combined effort of many citizens and public officials. 13 What , however , has happened in the meantime to the McLennan's Farm proposal ? Well , very little . It is back before • you in essentially the same form as before . (We are told the only change is in waste system operation . It proposes an aranoement similar , and similarly unacceptable as at Amberly. ) As with Amberly, the McClennah's Farms proposal will need DEM approval , The proposal does not meet the state rules for- WS-I watersheds, it is not in conformity with the OWASA study recommendations, it threatens the quality of a major public drinking water supply, and it is not fair to other landowners who follow responsible development limits. McLennan's Farms should be rejected for the same reasons that Amberly was rejected. The proposal is deficient , among other reasons, because : • --It would lead to "urbanization' of the watershed. Although "only" 14 units, it is the first of three planned phases and is otherwise very similar to the original Amberly • project . --The proposal does not meet the recommendation of 1 unit per 5 acres necessary for protection of water quality. At about 1 unit per 2.6 acres, it is almost twice as dense as recommended. --The Watershed Study allows such density only with the use of Publicly owned and maintained wet detention basins to control storm water runnoff . No such ponds are included in the plans. The waste disposal system is in the only spot on the property which perks and which is closest to drainage to University Lake . • --The development calls for- a low pressure underground waste disposal system. This technology is unproven , is highly unreliable , and is not suitable for a WS-I watershed. The OWASA study recommended against such systems as the • most unreliable choice for the watershed. In addition , its use allows denser development than could otherwise be achieved with individual septic tanks. --The proposal requires a DEM permit for its waste disposal • system, a permit that is inconsistent with the Amber-i >' decision rejecting "urbanization" of the watershed. DEWS recent moratorium on such permits will probablY affect this proposal . We asked the County Commissioners two years aoo to turn this • proposal down as unacceptable in the University Lake Wateshed. Everything we have learned in the past two years confirms that • judgment . We ask you again tonight to reject McLennan's Farms. The OWASA study clearly confirms that here is a finite amount of development consistent with acceptably clean water. Any development in the watershed--whether in Orange , Chatham, or • mmillimmimmmmis tarrboro--oreater than the OWASA study recommend s. jepordizes the public water supply. Moreover , greater density for one property owner will have' to be compensated for by less dense development • by others. Or, the public in general will pay through lower 14 water quality and/or greater cost to treat water . Neither prospect is in the public interest . • DEM did not reject Amberly on narrow technical grounds. It did not find that the enoineering of the its waste treatment facility was inadequate . Rather , Amberly was rejected because the development was in the wrong place--it was inappropriate for a WS—I watershed such as University Lake . This is exactly the same reason that McLennan's Farm should be rejected. It not acceptable in the interest of the public health and safety. Adoption of the recommendations of the Camp, Dresser, McKee study of University Lake must be a top priority for Orange County. The county controls the largest share of the watershed and, hence , has the greatest responsibility to protect it . It must not allow development of the watershed bit by bit. As YOU so effectively expressed opposition to Amberly, I urge YOU in turn to reject McLennan's Farms. We must not have Amberly by degrees. In addition to McLennan's Farms, members of Protect Our Water are very disturbed by a number of other development proposals in the watershed. These concerns inclUde : --'Satellite" septic fields for lots that won't perk in the watershed in the Laurel Springs area. This practice allows more density than the natural constraint of poor • soils would otherwise allow. OWASA consultants estimate that leaking septic systems are not repaired for an average of 5 years! How much longer will it be for those that are not even in one's own back yard but rather down the road and out of sight (and smell )? --Proposed auto parts, boat storaoe , and wharehouse facilities at Starpoint . Intensive commercial development proposed for the intersction of 15-501 and Smith Level Road is completely inappropriate for the watershed. . The Starpointe Storaoe Facility proposes to disturb up to 95 percent of the site and put about 20 buildings on 10 .5 acres. Most are large ; some are 4 stories tall . Incredibly, I was told by county planning staff that ' it might be approved without a public hearing. This must not be allowed to happen .' This proposal highlights the need for the county to revise its definition of impervious surface to include' gravelled areas. Thank you very much for your attention to these important matters. We look forward to working with you to Protect Our Water , AS.5.22.89 1 LT: . State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms William W, Cobcy,Jr., Secretary Director April 19, 1989 CERTIFIED BAIL RETURN Ri .,r.1Pa REQUESTED Hr. William F. Spang, President S-A Utilities, Inc. 2327 Englert Drive, Suite 300 Research Triangle Park, NC 27709 • SUBJECT: Project Denial (WQ0000793) S'-A Utilities, Inc. Amberly Subdivision • • Wastewater Treatment Facilities LPP Disposal Orange County Dear Hr. Spang: Your application for a nondischarge permit for the construction and operation of a 65,000 GPD wastewater treatment facility with subsurface low pressure pipe disposal was received by the Division of Environmental Haaagement on November 16, 1988. Subsequent design information and other supporting documentation was received on February 1, 1989. • On February 2, 1989, a public meeting was held at the Carrboro Elementary School in order to receive public comments on whether to issue or deny the subject permit. The meeting officer's report and recommendations have been submitted to me and I have completed my consideration of this permit request. • In making my decision, I particularly considered the Environmental Management Commission's regulations regarding "Procedures for Assignment of Water Quality Standards," 15 NCAC 2B .0100 and "Classifications and Water 'Quality Standards Applicable to Surface Waters of North Carolina," 15 NCAC 2B .0200. These regulations - basically describe Class WS-I as water supplies which are in natural and uninhabited or predominantly undeveloped (not urbanized) watersheds, with no point source discharges and "relatively unimpacted by nonpoint sources of pollution." I'() IL,, 771M7• Raleigh. North(andina 77t41 7f,M7 •IrIry,FMarc 41'1 73 1 71115 s • 16 I While local governments have a role 1 ultimately the responsibility of the in Protecting WS-1 watersheds, it is e Environmental Management Commission to protect the quality of Class WS-I waters. Since the in the University Lake watershed and University proposed is classified y fiedivision is located find that the issuance of the subject Y bake is classified as Class WS-I, I watershed,t the issuance will subject permit will allow "urbanization" • regulations. Accordingly, ill not be compatible with the requirements of the for the construction and operation of the subject wastewater treatment Y denying your request for a nondischarge permit • facilities for Amberly Subdivision in Orange County. My reasons are as follows: ant and disposal 1) The construction of the subject wastewater treatment and disposal facilities and subsequent development of the subdivision are not in accordance with the requirement that the watershed remain in a natural and uninhabited or predominantly undeveloped (not urbanized) state; 2) This development will contribute to nonpoint sources of pollution in the watershed; • 3) The development could significantly compromise the pristine'quality of Mor Creek; and 8n 4) All of these factors could exacerbate the quality and eutrophic status of University Lake, Particularity with regard to nutrient loading, which in turn would compromise the quality and use of the Lake as a drinking water source. If this denial is unacceptable to ou hearing upon written request unacceptable thirty you, you have the right to This request wri be the days following receipt of thisuddenial. he form of a written petition, conforming to Chapter 15013 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, North Carolina 27604. made this denial shall be final and binding. Unless such demands are If you have any questions on this matter, Mouberry at (919) 733-5083. , feel free to contact i • Arthur t S ere • R. Paul Wilms • RJ/tea cc: Raleigh Regional Office - Permit File • IMIEREMESEamszsmemooms . . ALLEN! SPAIL.-r 300 JAMES STREET 17 CARRBORO, NORTH CAROLINA 27510 H: 967-3054 W: 967-1866 ORANGE COUNTY COMMISSIONERS PUBLIC HEARING ON McLENNAN'S FARM November 23, 1987 Chair Marshall and members of the Board of Commissioners. r am Allen Spalt . My family and I live At 300 James Street , in Carrboro. Thank you for the opportunity to address the Board on the subia6ct of the proposed McLennan's Farm subdivision . I 'd like to relate my comments to watershed protection . In July, on behalf of a group of concerned Carrboro and Orange County citizens, now loosely oroanized as "Protect Our Water" , I addressed this Board and asked your help because we faced the impending construction, of a laroe and ill -conceived . development in the University Lake watershed. We appreciated the • concern of this Board then , and I know that you are still concerned about protecting the quality of the principal drinking water source for southern Orange County. The issues involved with McLennan's Farm are a part the larger situation . The basic question is what level of development can be permitted in the watershed consistent with a lono-term supply of safe drinking water? We don' t yet know for sure . OWASA is conducting a study of the University Lake Watershed to help find the answer . A study of Cane Creek is to follow. . What do we do • in the meantime? I think it is best to do proceed with extreme caution and to do as little as possible. In debates over watershed protection in Carrboro, nationally recoonized water quality experts testified that the level of development is directly related to water quality. . As Dr . Daniel Okun put it , "degradation tof the water quality] is a function of development . . . in every instance" . The more development , the more problems, sooner and later- . McLennan,'s Farm proposes to use a common septic system to dispose of waste water. What do we know about such systems and what is their effect on development? It is easy to answer the latter question first--comMunity . sYstems allow greatly increased -density of development . In the current case , public water and sewer is not available--OWASA has a moratorium on extension of service pendino the outcome of its study. According to the developers' consultant , only about 2 acres of the land perks. Without an alter-native system, most of - • _. .. _ .. .. - , the land could not be developed. With such a system, 14 houses , are proposed for phase one , with what look like at least an 18 . - equal number proposed for later. Cluster development with communitY sYstems may be a good idea in some places. But it is not suitable for the watershed. . We have had to learn a lot about such sYstems in recent months, and the news for the watershed is not 000d. Among the problems are : • --new tethnology: these systems have not been used long enough to know how they will stand up in critical areas; OWASA plans to use University Lake until the end of the next century-- how long will these untested Ystems last? . . --elaborate equipment prone to failures: read the consultants' report on low pressure systems carefully--there are a lot of potential problems with the expensive pumps and electrical and plumbing systems. The report is a cross between a sales pitch and a technical report and is very sobering. . uncertain responsibilities: who is to maintain the system? the howeowner? a homeowners association (such groups have a very poor record in these areas)?, a public utility? It is • not clear from the proposal . Who puts up the money right away when a pump or drain field fails? --unclear jurisdiction : approval is by the Division of Environmental Manaoement if it is tobe operated by a public utility and by the Health Department if by a homeowners associatton--the proposal refers to both as if they were the same . If the permit is to be oranted by DEM, the county has little or no say and the public has no right of appeal --only the developer if he or ' she is turned down . --inadequate reoulations: the state rules on the systems make NO distiction between low pressure systems in just any watershed and those impacting public drinking water supplies; higher standards are needed for the later . The OWASA comments are very pertinent on this question . OWASA also offers further critique of the relation of this design to the state standards. It's conclusion : there is too little margin for error . "Marginal " Piedmont soils in a watershed are ndt suitable . * . • • A public water supply is not an appropriate place 'FOP reasearch on alternative waste systems. This conclusion holds • whether they are to serve 14 units or 158. It would be apprpriate for Oranoe County to consider implementing a moratorium On SUCh systems at least until the OWASA study is completed and evaluated. 1 suggest you to do just that . It is important to ask how a development such as McLennan's Farm, fit into the County policy on the watershed? I was surprised when I called the Planting Department to find that the :,. t0TT wasn' t sure at tirst it the land in question was in the watershed. The "Action Agenda Item Abstract" prepared for the Planninci Board's November 16th meeting just last week did not 19 mention that it was in the University Lake watershed. i suggest that all such proposals be highlighted in big red letters. ' People rightfully protested when Carrboro approved a major development in the Watershed. Some citizens, including myself , have gone to court over it . Watershed issues played a major role in Carrboro election . But Carrboro does not hold all the keys to the watershed. Far from it . More land is controlled by the county. We ' must not, have Amberly by deorees. It won' t take many McLennan's Farms to add up to Amberly. We are at one of those junctures where science and politics, short—term pressures and lono—ranoe interests, all intersect . And, as always, we are forced to make choices on the basis of the best available information without "all the facts" or- a crystal ball to tell us how everything will turn out . We are at one of those forks in the road where the road not taken is as important as the one we choose . We do not have a perfect water supply now, but the OWASA area is blessed with very 000d quality water . The University Lake watershed has been well protected by both foresight and good fortune . We are now past the point where we can afford to rely on luck--only a determined effort to keep it free from • • potentially harmful effects will now suffice . It is also clear that a high quality water source is as much a matter of dollars as it is of .health . New standards that are a :part of the recently passed federal drinking water act will be difficult to meet ; read that "expensive" to meet . Guess who will bear the costs? We have cleaner watersheds than many places, yet ours, are not pristine . Many drink out of the Hudson , the • Potomac , or ,. closer to home , the Haw. Your constituents and their grandchildren will not thank you if we let University Lake , Cane Creek , and other local sources deteriorate . Given the long—term nature of the problem and the • irreversibile effects of development , I urge the Board to err on the side of excessive caution, in dealing with the watershed. In sum, I urge you to reject the proposal for McLennan's Farm, to initiate a moratorium on community systems in the watershed, and to continue to protect our water for the long haul . • Thank YOU very much for your consideration of these views.. • • • 20 INTEROFFICE MEMORANDUM TO: Emily Crudup, ASLA Planner II FROM Paul Thames, County Engine DATE: McLennan's Farms SUBJECT: June 15, 1989 I have visited the site for the above project with the owner-Leon Todd, the engineer-Craig Morgan and the planner- Dan Jewel, and I have the following comments: a) The site proposed for the low pressure distribution field appears to be ideal , from a topographic standpoint, for the low pressure distribution lateral system. b) I am not qualified to determine if the field's soils are suitable for the proposed system or for the proposed application. I was told that the entire field, a small percentage of which was tree covered, has been judged suitable. c) My chief concern, expressed in my original review, dealing with the limited differential between the required field area and the available field areit, has been satisfactorily addressed, with the assumption that the soils for the entire site shown me are suitable. d) The other concerns, expressed in the original memo, regarding elements of the system design are as yet unaddressed. However, those concerns can be addressed in the design process, assuming that we will have design review authority. The design review authority for the County should be a condition of approval . e) I was verbally assured that the septic system would be designed for loading from 14 - 3 bedroom houses instead of 14 -3 1/2 bedroom houses as origionally proposed. This change would give some additional margin for adjustment in the field sizing design. This change should be addressed in the approval process. 21 Emily Crudup Page 2 June 15, 1989 f) I was verbally assured that the proposed homes would be required to have low flush (1 1/2 gallon) toilets. This also gives some safety margin for the septic field, although it cannot be counted in design calculations. This should be addressed in the approval process. g) Based on the comments outlined above, I have no reservations about this project that cannot be addressed later in the permit or approval process. If I may be of additional assistance in this matter, please advise. PT/ltc MEC6-15 ^4nalansob. Change County JeaQtk Tepahtment Daniel B.Reimer,MPH,Director ENVIRONMENTAL HEALTH DIVISION .out at _ PERSONAL HEALTH DIVISION ANIMAL CONTROL DIVISION ft, DENTAL HEALTH DIVISION P.O.Box 8181,306C Revere R I VI P.O.Box 8181,300 W.Tryon SL tl. rorqw - Hillsborough,N.C.27278 Hillsborough.N.C.27278 HILLSBOROUGH CHAPEL HILL MEBANE DURHAM (919)732-8181 (919)967-9251 (919)227-2032 (919)668-7333 MEMORANDUM TO: EMILY CRUDUP FROM: RON HOLDWAY 12- DATE: JUNE 23, 1989 RE: SOTT.S INVESTIGATION AT MCCLENNON'S FARM This department has conducted soil evaluations on the site for the proposed McClennon's Farm project on Bowden Road (7.115..24) starting in 1987. Steve Steinbeck with the Division of Health Services also evaluated the site because of the size of proposed system. The site has been approved preliminarily for a system with a maximum daily design flow of 5880 gallons per day. The maximum loading rate or long term acceptance rate of the LPP field would be .1 gallons per day per square foot of field area. The total approved area identified by the field investigations was approximately 140,000 square feet. Before any permits could be issued by our department for the construction of the system, detailed engineering plans for the system would have to be submitted to our office and to DHS for, review and approval. I have asked for Mr. Steinbeck to foward a copy of his field report to us. I will deliver a copy of that report to you as soon as it is available. Please call if you have any questions concerning this matter. SOUTHERN ORANGE OFFICE: Carr Mill Mall, Suite 225, 100 N.Greensboro Si-, Carrboro,N.C.27510. (919)942-4168 • ----•