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Agenda - 11-20-1990
ORANGE COUNTY BOARD OF COMMISSIONERS f=LgA± P l REGULAR MEETING NOTE: BACKGROUND MATERIAL NOVEMBER 20, 1990 ON ALL ABSTRACTS 7 :30 P.M. AVAILABLE IN THE OLD POST OFFICE CLERK'S OFFICE. CHAPEL HILL, NC NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732 -8181 or 968 -4501. I. BOARD COMMENTS II. COUNTY MANAGER'S REPORT III. ADDITIONS OR CHANGES TO THE AGENDA IV. AUDIENCE COMMENTS A. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked.) B. Matters not on the Printed Agenda 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. V. ITEM8-"",FOR .DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Budget Ordinance Amendment #6 B. Indirect Cost Plan Contract C. Approving Contract for Receiving State Land Records Grant . D. `able TV Franchise-- Cablevision of Durham Second Readin g E. Cable TV System Ordinance Amendment (Second Reading) F. Tax Refund Requests G. Refund of Excise Stamp Tax Overpayment H. Purchase of Land for New Access Road to Public Works VI. RNSOLUTION01P ROCLAMATIONS VII. SPECIAL PRESENTATIONS VIII. PUBLIC HEARINGS A. Public Forum on 1991 -92 Budget IX. REPORTS A. School Funding Equity Models B. Report -- Proposed Government Services Center C. Efland- Cheeks Community Center and Park D. Planning Board /EDC Board Agreement E. Classification Study - -Phase I Follow -Up Report F. Management Assistant Achievements /Progress Report X. MUMS FOR DECISION--REGULAR AGENDA A. DSS Positions -- -JOBS and Income Maintenance B. Child Service Coordination Program XI. APPOINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION XIV. ADJOURNMENT ( *) Indicates items that need immediate attention. 1 APPROVED 1213190 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 20, 1990 The orange County Board of Commissioners met in regular session on Tuesday, November 20, 1990 at 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Stephen Halkiotis, Commissioners Don Willhoit. COUNTY ATTORNEY PRESENT: Chairman Moses Carey, Jr., Vice -Chair John Hartwell, Shirley E. Marshall and Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, Agricultural Extension Director Fletcher Barber, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly Blythe, Personnel Analyst I Lana Chandra, Finance Director Ken Chavious, Administrative Secretary Loretta Coble, Planning Director Marvin Collins, Personnel Director Elaine Holmes, Purchasing Director Pam Jones, Social Services Director Marti Pryor -Cook, County Engineer Paul Thames, Budget Administrator Rod Visser, Budget /Management Analyst Donna Wagner, and EMS Director Nick Waters NOTE: ALL DOCUMENTS REFERENCED IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. I. BOARD COMMENTS Commissioner Hartwell made comments about the recent activities of Triangle J. He referred to the resolution adopted by Durham County with regards to a hazardous waste disposal facility. Triangle J is considering adopting a similar statement. At the next delegates meeting, the governor has been invited and the main item will be the consideration of the siting of this facility. The site near Butner is in the Falls Lake watershed. The resolution that the delegates would adopt would probably not only oppose the siting facility there but also oppose the landfill on the experimental agricultural station in Johnston County. With regards to the disposal of sludge, Commissioner Hartwell stated that although the County cannot adopt an ordinance the Board of Health could make rules for such disposal. He feels the County should enter into an agreement with DEM and police such activity. He is working on a document outlining the necessary process which he plans to distribute in the next few days. Commissioner Hartwell asked that his replacement on the Triangle J Board be a highly assertive person. At the time that Lee County withdrew from Triangle J, he had a promise from the delegate from Wake County that there would be an intergovernmental agreement to insure that the aging program in Orange County would continue. At the executive 2 meeting last week, it was evident that positions have changed. He feels that Johnston County will also withdraw from Triangle J. At that time, Triangle J will probably rethink its role. An assertive person will be necessary to stand up for the interest of Orange County. Commissioner Willhoit emphasized that the County should not assume that the only way to get enforcement for regulating the disposal of sludge is to work out an agreement with the State. While the County needs to be aggressive, the State should be forced to enforce their own regulations. The County's assumption should be that the State is responsible and needs to do their job. Chairman Carey noted that although enforcement by the State would be desirable, the County still needs to develop a program for monitoring the disposal of sludge. Commissioner Marshall announced that Jim Ritchey has taken the appointment of the General Manager of the Triangle Transit Authority. He has a good educational background and has demonstrated through his work experience to be a tremendous professional. She asked for the active support of the Commissioners in the work of the TTA and in particular for the dedicated source of funds. She noted that Mr. Buchanan will be replaced on the Board of Transportation during December or January. She urged the Board to get to know the new member as soon as possible and the new member be encouraged to attend the meetings of the TTA on which he serves as an exofficio member. Commissioner Halkiotis asked for a status report on Carden's Mobile Home Park. Paul Thames stated that the encroachment agreement was approved by the State on October 15. The construction plans for the forced main at Cardens have been submitted to DEM. When the plans are approved the owners of Cardens have thirty days to complete the construction. Chairman Carey distributed to Commissioners Elect Alice Gordon and Verla Insko a video that was done by County Staff. II. COMY MANAGER'S REPORT John Link announced that Orange County is one of fifteen recipients of a $20,000 planning grant to develop an application to the z. Smith Reynolds Foundation for the $1,000,000 grant they are going to provide called "opportunities for families ". III. ADDITIONS OR CHANGES TO THE AGENDA John Link added to the agenda a resolution for Home Health Care and a resolution for Extended Area Service. IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Moses Carey announced that anyone who wants to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - None PUBLIC CHARGE 3 Chairman Moses Carey, Jr., read the public charge. V. ITEMS FOR DECISION - CONSENT AGENDA seconded by Motion was made by Commissioner Hartwell, Commissioner Halkiotis to approve those items on the Consent Agenda as listed below: A. BUDGET ORDINANCE AMENDMENT #6 To approve the budget ordinance amendments, g rant project ordinance and capital project ordinance as listed below: COMY CAPITAL RESERVE FUND Source - Appropriated Fund Balance $ 23,452 Appropriation - Transfer to County $ 23,452 Capital Projects Fund (To budget additional funds for the Animal Shelter Expansion Project) Source - Appropriated Fund Balance $ 18,852 Appropriation - Transfer to County $ 18,852 Capital Projects Fund (To budget additional funds for the old Courthouse Landscaping project) Source - Appropriated Fund Balance $ 61,500 Appropriation - Transfer to County $ 61,500 Capital Projects Fund (To budget funds for the Land Acquisition project) LAND ACQUISITION PROJECT CAPITAL PROJECT 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 provide funds for the acquisition of land for future public facilities. 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 $ 61,500 4 Section 4. The following amount is appropriated for this project: Land Acquisition Project $ 61,500 Section S. This ordinance shall be in effect from the date of adoption until June 30, 1992. EASTER CLIENT INDEX FILE GRANT PROJECT 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 grant project is hereby adopted. Section 1. The project authorized is the development of a Master Client Index File which will enhance coordination, information sharing and client tracking among the County's human service agencies. The project will be funded with a grant from the Department of Human Resources and work will be performed by the Human Services Research and Design Laboratory at the University of North Carolina School of Social Work. Section 2. The officers of the County are hereby directed to proceed with the grant document, the rules and regulations of the North Carolina Department of Human Resources and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - Master Client Index File Project $ 15,000 Section 4. The following amounts are appropriated for this project: Human Services- Master Client Index File Project $ 15,000 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 and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments 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. 5 Section S. This ordinance shall be in effect until June 30, 1991. B. INDIRECT COST PLAN CONTRACT To approve and authorize the Chair to sign the contract with David M. Griffith & Associates for development of the Indirect Cost Plan at a cost of $8,500. C. APPROVING CONTRACT FOR RECEIVING STATE LAND RECORDS GRANT To approve and authorize the Chair to sign the State's land records matching funds grant contract for the 1990 -91 remapping and GIS projects. orange County has been awarded $3,000 matching funds under the North Carolina Land Records Management Program. D. CABLE TV FRANCHISE - CABLEVISION OF DURHAM SECOND READING To approve the second reading of the Cable TV Franchise between Cablevision of Durham and Orange County. This Ordinance grants a franchise to Cablevision of Durham, Inc. to construct and maintain a cable television system within a delineated portion of the unincorporated areas of Orange County. The Ordinance is hereby made a part of these minutes by reference and is attached to these minutes on pages E. CABLE TV SYSTEM ORDINANCE AMENDMENT SECOND READING To approve the second reading of the amendment to the Cable TV System Ordinance as stated below: THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section XVI(a)(vi) is rewritten to read: (vi) The grantee shall log all calls for service, identifying the caller, the address of the caller, a description of the complaint including the location of any failure of DATV service. This log shall be tabulated upon request of the county manager, and the tabulation shall be delivered to the county manager upon its completion. This ordinance amendment shall become effective November 20, 1990. F. TAX REFUND REQUESTS To approve the nine tax refund requests as listed below: NAME ACCOUNT NO. AXON' Lee Roy Obie 89000851 $ 101.40 William J. Morgan & Donna 89000822 $ 109.50 Gilbert & Coridan & Lynda W. 730978 $ 535.93 Mercedes Benz Credit Corp. 102611 $ 369.35 Brenda S. Beamon 102611 $ 79.82 Felicia F. McLean 134346 $ 179.35 World Omni Leasing, Inc. 142423 $ 671.26 E. N. Richards Estate 712585 $ 116.53 Ellyn B. Lockerbie 1007845 $ 57.24 6 G. REFUND OF EXCISE STAMP TAX OVERPAYMENT To approve a request for refund of $1,535 to Robert J. Green, Jr. as recommended by the Register of Deeds. Mr. Green made an overpayment in revenue stamps on the deed recorded on page 6 of Deed Book 872. H. PIIRCBASE OF LAND FOR NEW ACCESS ROAD TO PUBLIC WORKS To approve and authorize the Chair to sign a Purchase Contract to acquire 5.01 acres at the intersection of Highway 86 and 57. VOTE: UNANIMOUS VI. RESOLUTIONS PROCLAMATIONS A. SOME CARE WEER PROCLAMATION Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to proclaim November 25 through December It 1990 as "Home Care Week" in Orange County as stated below and authorize the Chair to sign. P R O C L A M A T I O N Orange County citizens of all ages and economic levels are concerned about quality, affordable, long -term health care. Furthermore, surveys show that people prefer to receive medical care and support services in their own homes. Home care allows our disabled and chronically ill citizens to remain with their loved ones in surroundings that are familiar and comfortable. With rising health -care costs, home care offers a practical means of providing health care and related services. As our citizens require more in -home care, Orange County's home care agencies are meeting that challenge. Home Care Agencies are providing services ranging from personal care assistants to high -tech intravenous drug therapies. By offering these services in the home, we can treat our elderly, disabled and chronically ill population effectively and comfortably. NOW, THEREFORE, the Orange County Board of Commissioners, do hereby proclaim November 25 through December 11, 1990, as "Home Care Week" in Orange County and urge our citizens to recognize the efforts of home care providers and the families and friends of the elderly and disabled who provide important services in the home. IN WITNESS WHEREOF, I hereunto set my hands and affixed the seal of Orange County, this Twentieth Day of November, Nineteen Hundred and Ninety. VOTE: UNANIMOUS B. RESOLUTION FOR FLAT RATE EXTENDED ARLA SERVICE AND REDIICED RATE REGIONAL CALLING This resolution was approved as stated below: RESOLUTION FOR FLAT RATE EXTENDED AREA SERVICE VJ AND REDUCED RATE REGIONAL CALLING WHEREAS, on November 5, 1990, the Orange County Board of Commissioners affirmed its efforts to seek flat -rate extended area service for exchanges that serve inside Orange County, to include the portion of Chapel Hill in Durham County, Research Triangle Park and Raleigh- Durham International Airport, and WHEREAS, on November 5, 1990, the Wake County Board of Commissioners affirmed its efforts to seek a flat rate option for Intra- Wake County calls, and WHEREAS, Wake County also accepted the Southern Bell proposal for a Triangle Regional calling Plan, and WHEREAS, Orange County has diligently exerted efforts conjointly with Wake and Durham Counties to reduce the burdensome toll rates now incurred for regional inter - county calling. NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of commissioners support the following: (1) The Triangle Regional Calling Plan to include: Seven Digit Dialing -- 50% reduction in toll charges -- Regional white pages directory -- Inward call option (allows customer to receive calls from throughout the region at no charge to the calling party) - optional Low Use Plan available - optional (2) Orange County flat -rate Extended Area Service Plan to existing service in exchanges that serve inside Orange County to include the portion of Chapel Hill in Durham County, Research Triangle Park and Raleigh- Durham International Airport with rates to be set by the North Carolina Utility Commission consistent with the Commission's rate - setting policies. (3) The North Carolina utility Commission at its option submit EAS flat rates to a poll of the customers who would be affected by the rate changes. BE IT FURTHER RESOLVED that,the Board of Commissioners instructs the Orange County Manager to continue deliberations with Wake County and telephone company officials to determine the most appropriate process for filing the proposal and appropriate comments to the North Carolina Utility Commission, and to recommend the most appropriate methodology for polling customers of each exchange, and to report to the Board prior to any official filing being submitted to the Utility Commission. This the 20th day of November, 1990. Commissioner Marshall moved the passage of the foregoing resolution and Commissioner Hartwell seconded the motion, and the resolution was passed by a unanimous vote. VII. SPECIAL PRESENTATIONS - None 8 VIII. PUBLIC HEARINGS A. PUBLIC FORUM ON 1991-92 BUDGET Chairman Carey stated that this public hearing is being held to give the public an opportunity to make comments on the 1991 -92 budget. The public hearing was open to receive citizen comments. SHARON FINCH, Chairman of the Private Public Partnership Task Force on visitor services, asked that the County, in their planning process, focus on the visitor services industry in the County. This could be done by external marketing of the County which would give the County increased economic vitality and attract additional investment opportunities and it would also provide for better service of the visitors who are here and may come in the next two years. They believe that the best sources of funding would be an increase in the occupancy tax or a prepared meal tax. The task force will be coming before the Board with an interim program, permanent funding and a permanent program for consideration and suggestions on how to currently use existing staffs and programs and how to better coordinate those programs. ROLAND GIDUZ asked that the Board consider a local entertainment tax as an additional source of revenue for the County. While this may not bear any relationship to the sources of entertainment, it would put an additional amount of money into the general fund that may be used at the County's discretion. He calculated that a $1.00 entertainment tax would bring in an additional $595,000 or two cents on the tax rate. He feels that no one will object to paying this tax. His complete statement is in the permanent agenda file in the Clerk's office. Commissioner Halkiotis emphatically endorsed this source of revenue. while the security guards at the stadium are paid for by the University, their vehicles, radios, cars, and training are paid for by the County. He feels that a $1.00 entertainment tax would not hinder the attendance at any of the events. Chairman Carey stated that while it would be good to have a flexible tax, he feels the legislature would not approve this tax. MR. GUGANO asked that the Commissioners consider in their budget an increase in the subsidy for daycare. There are over 650 children in Orange County on the waiting list. There are six centers in Orange County that may go out of business because these subsidies have decreased. Commissioner Halkiotis asked for a report on daycare centers. He feels the situation is critical and would like to have additional information. John Link stated that Marti Pryor -Cook is working with a committee to determine what can be done to help a number of daycare centers. A report will be forthcoming in January. Commissioner Hartwell suggested that the money derived from an entertainment tax could be earmarked for a program such as daycare. BRUCE PRATT stated that he would like to see the County save money before voting on a bond. People would be taxed before they actually vote on a bond. He would like to see some long range planning take place. E I8. REPORTS A. SCHOOL FUNDING EQUITY MODELS Rod Visser presented to the Board several funding scenarios on school funding equity. He outlined the possible impacts of a countywide special district tax for school funding. This was presented for information and will be discussed in further detail on December 8. B. REPORT - PROPOSED GOVERNMENT SERVICES CENTER The architects presented for information two plans showing different elevations for the proposed Government Services Center. These will be on display in the County Administration Building through December 10. C. EFLAND- CHEEKS COMMUNITY CENTER AND PARK John Link presented the proposed plan for the Center. The plan presented by the manager included the steps for the working group including area citizens and the commissioners to develop a plan consistent with the concept presented to the school board. Chairman Carey volunteered to be the Commissioners' representative on that group. D. PLANNING BOARD/EDC BOARD AGREEMENT As one of its 1990 -91 economic development goals, the Board of Commissioners recognized the need to identify specific parcels for prezoning in a manner consistent with the orange County Land Use Plan. A strategy for achieving the goal was devised whereby the Planning Board and Economic Development Commission would enter into an agreement which identified specific tasks to accomplish and a time frame for completion. A copy of that resolution of agreement is attached to these minutes on pages E. CLASSIFICATION STUDY - PHASE I FOLLOW -UP REPORT Elaine Holmes explained the Phase I Classification study process and the major steps leading to salary grade assignments. F. MANAGEMENT ASSISTANT ACHIEVEMENTS PROGRESS REPORT Lucy Lewis presented a report on her activities as management assistant /youth coordinator. The report was received as information. X. ITEMS FOR DECISION - REGULAR AGENDA A. DSS POSITIONS - JOBS AND INCOME MAINTENANCE Marti Pryor -Cook presented information in support of her request for the creation of four permanent positions for the JOBS and Income Maintenance programs in the Department of Social Services. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the creation of two full -time, permanent Social Worker II positions, and two full -time, permanent Eligibility Specialist I positions, to become effective January 1, 1991. VOTE: UNANIMOUS M11 B. CHILD SERVICE COORDINATION PROGRAM Eileen Kugler explained that the Legislature has approved a one -time use of $14,427 in federal block grant funds to start a child service coordination program. Medicaid officials have agreed to provide continued funding through a reimbursement process and therefore County funds should not be needed to support this effort. In addition, because of the increased complexity of the medical record documentation and the billing procedures required by this program, they would need to add a clerical supervisor at an annual cost of $22,900. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to accept the State funding, adopt the proposed budget ordinance amendment stated below, approve the establishment of a permanent half -time Social Worker position and a permanent full -time Clerical Supervisor position (subject to continued funding), and authorize the Chair to sign the request for funds. GENERAL FUND Source - Intergovernmental $ 14,427 Source - Charges for Services $ 12,600 Appropriation - Human Services $ 27,027 VOTE: UNANIMOUS XI. APPOINTMENTS The following appointments were approved by the Board: ADVISORY BOARD ON AGING - Appointment of Robert Schmidt to fill the unexpired term of Diane Brown as the RSVP representative ECONOMIC DEVELOPMENT COMMISSION - Appointment of Lyn Posch as the Mebane representative on this Commission to fill the unexpired . term of that representative REGIONAL SOLID WASTE TASK FORCE - Appointment of Francis DiGiano to serve as the Orange County representative on this task force XII. MINUTES The minutes for October 16, 1990 were postponed until the next meeting. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the minutes for November 5, 1990 as circulated. XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMSr1T With no further business for consideration by the Board, Chairman Moses Carey, Jr. adjourned the meeting. The next meeting will be held on Monday, December 3, 1990 at 7:30 p.m. in the Courtroom of the Old Courthouse in Hillsborough, North Carolina. 11 Moses Carey, Jr., Chair Beverly A. Blythe, Clerk ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 SUBJECT: Budget Ordinance Amendment #6 DEPARTMENT Budget ATTACHMENT (S) Proposed Budget Amendments Proposed Capital Project Ordinance Proposed Grant Project Ordinance I Action Agenda Item No �� PUBLIC HEARING YES NO _% INFORMATION CONTACT Budget Office, ext 2450 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To approve proposed budget ordinance amendments, grant project ordinance, and capital project ordinance. BACKGROUND: (1) At the June 26, 1990, meeting, the Board of Commissioners approved a capital project ordinance authorizing the appropriation of $23,452 in County funding, along with $61,031 in APS funding, to increase the scope of the Animal Shelter Expansion project. The attached technical budget amendment will complete the transfer of $23,452 from fund balance in the County Capital Reserve Fund to the Animal Shelter project in the County Capital Projects Fund. (2) At the November 5, 1990, meeting, the Board of Commissioners approved a capital project ordinance authorizing the appropriation of an additional $18,852 in County funding to complete Phase II of the Old Courthouse Landscaping project. This authorization reflected an acceleration of a. portion of funding planned for the 1991 -92 .CIP project allocation. The attached technical budget amendment will complete the transfer of $18,852 from fund balance in the County Capital Reserve Fund to the Old Courthouse Landscaping project in the County Capital Projects Fund. (3) At the November 5, 1990 meeting, the Board of Commissioners approved the purchase of a 2.16 acre parcel of land from Virginia C. Bartow. The attached capital project ordinance and technical budget amendment will complete the transfer of $61,500, to cover the purchase price and closing costs, from fund balance in the County Capital Reserve Fund to the Land Acquisition project in the County Capital Projects Fund. `a (4) At the November 5, 1990 meeting, the Board of Commissioners authorized the development of a Master Client Index File for human service agencies. This project will be funded mostly by a $15,000 grant from the North Carolina Department of Human Resources. The work will be accomplished by the Human Services Research and Design Laboratory at the UNC School of Social Work. The attached grant project ordinance will authorize the expenditure of the grant funds for the purpose indicated. RECOMMENDATION(S): Approve the attached budget ordinance amendments, grant project ordinance, and capital project ordinance. x 3 source Appropriated-Fund Balance $ 42,304 $ 61,500 $ 103,804 Appropriat*onz. Transfer to County Capital Projects Fund $1,267,904 $ 61,500 $1,329,404 To budget funds for the Land Acquisition project. BUDGET AMENDMENT NUMBER: 6 r ORANGE COUNTY PROPOSED 1990 -91 BUDGET AMENDMENTS The 1990 -91 Orange County Budget Ordinance, as amended, is hereby amended as follows: BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT 1) COUNTY CAPITAL RESERVE FUND Source Appropriated Fund Balance $ 0 $ 23,452 $ 23,452 Appropriation Transfer to County Capital Projects Fund $1,225,600 $ 23,452 $1,249,052 To budget additional funds for the Animal Shelter Expansion project. 2) COUNTY CAPITAL RESERVE FUND Source Appropriated Fund Balance $ 23,452 $ 18,852 $ 42,304 Appropriation Transfer to County Capital Projects Fund $1,249,052 $ 18,852 $1,267,904 To budget additional funds for the old Courthouse Landscaping project. 3) COUNTY CAPITAL RESERVE FUND source Appropriated-Fund Balance $ 42,304 $ 61,500 $ 103,804 Appropriat*onz. Transfer to County Capital Projects Fund $1,267,904 $ 61,500 $1,329,404 To budget funds for the Land Acquisition project. BUDGET AMENDMENT NUMBER: 6 r Gl LAND ACQUISITION PROJECT CAPITAL PROJECT 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 provide funds for the acquisition of land for future public facilities. 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. Section 4. Section S. The following revenue is anticipated to complete this project: Transfer from County Capital $ 61,500 Reserve Fund The following amount is appropriated for this project: Land Acquisition Project $ 61,500 This ordinance shall be in effect from the date of adoption until June 30, 1992. Adopted this -20 day of November, 1990. 5 MASTER CLIENT INDEX FILE GRANT PROJECT 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 grant project is hereby adopted. Section 1. The project authorized is the development of a Master Client Index File which will enhance coordination, information sharing and client tracking among the County's human service agencies. The project will be funded with a grant from the Department of Human Resources and work will be performed by the Human Services Research and Design Laboratory at the University of North Carolina School of Social Work. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Human Resources and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - Master Client Index File Project $ 15,000 Section 4. The following amounts are appropriated for this project: Human Services - Master Client Index File Project $ 15,000 Section S. 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 and state regulations. Section 64 Funds may be advanced from the General Fund.for J the purpose of making payments 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 until June 30, 1991. Adopted this 20th day of November, 1990. N a) ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. _V -B ACTION AGENDA ITEM ABSTRACT Meeting Date:November 20, 1990 SUBJECT: Indirect Cost Plan Contract DEPARTMENT: Finance PUBLIC HEARING YES: NO: X ATTACHMENT(S): Contract INFORMATION CONTACT: Ken Chavious TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To continue contracting with David M. Griffith & Associates for the preparation of the County's Indirect Cost Plan. BACKGROUND: Office of Management and Budget Publication A -87 requires the County to development a new Cost Allocation Plan each year. This plan allows the County to receive reimbursement for local resources used to administer state and federal programs. The Plan has been prepared by David M. Griffith and Associates for the past several years with little or no increases in fees. The proposed fee for the development of the 1990 Cost Plan is $8,500, the same as in the previous year. In the past, reimbursements from Federal and State Agencies resulting from the Cost Plan have consistently been in excess of $150,000. RECOMMENDATION(S): Authorize the contract with David M. Griffith & Associates for development of the Indirect Cost Plan. FY 90 Agreement to Provide Professional Accounting Services to Orange County, North Carolina THIS AGREEMENT, entered into this day of , 1990 and effective immediately by and between David M. Griffith and Associates, Ltd. (hereinafter called the "Consultant ") and Orange County, State of North Carolina (hereinafter called the "County "), WEMESSETH THAT: the County has programs which it operates with Federal funding, and WHEREAS, the County supports these programs with support services paid from County appropriated funds, and WHEREAS, the Federal government and the State will pay a fair share of these costs if supported by an approved cost allocation plan, and WHEREAS, the Consultant is staffed with personnel knowledgeable and experi- enced in the requirements of developing and negotiating such governmental cost allocation plans, and WHEREAS, the County desires to engage the Consultant to assist in developing a plan which conforms to Federal requirements and will be approved by their representatives NOW TF EREFORF, the parties hereto mutually agree as follows: 1. Em to went of Consultant. The County agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. 2. Scope of Services. The Consultant shall do, perform and carry out in a good and professional manner the following services: a. Development of a central services cost allocation plan which identifies the various costs incurred by the County to support and administer Federal programs. This"plan will contain a determination of the allowable costs of providing each supporting service such as purchasing, legal counsel, dis- bursement processing, etc. b. Prepare indirect cost proposals for federal grants as necessary. C. Negotiation of the completed cost allocation plan with the representatives of the State or Federal government, whichever is applicable. 1 3. 1iimep�P_erfonmanoe, The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious comple- tion and best carry.out.the- purposes of.the..agreement..The -cost allocation plan will be available by March 31, 1991 for your review and our negotiation with Federal and State representatives. 4. Compensation. The County agrees to pay the Consultant a sum not to exceed eight thousand five hundred dollars ($8,500) for all services required herein, which shall include reimbursement for expenses incurred. Consultant agrees to complete the project and all services provided herein for said sum. 5- Mkt od ,cQ-f Payment The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. First, the Consultant will be entitled a fixed amount as indicated above. Second, Consultant's fees are due upon the rendering of a bill upon the completion of an approvable plan. All funds received from the plan above the Consultant's fee will accrue solely to the County. b. Changes The County may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the County and the Consultant, shall be incemorated in writ- ten amendment to this agreement. 7- Services and M—ate—ri-& to be Furnished by the. The County shall locally furnish the Consultant with all available necessary information, data, and material pertinent to the execution of this agreement. The County shall cooperate with the Consultant in carrying out the work herein and shall provide adequate staff for liaison with the Consultant and other agencies of County government. $. T on Qf ACreement for Caws . If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this agreement, the County shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. 2 3 9, Information and R- - eports- The Consultant shall, at such time and in such form as the County may require, furnish such periodic reports concerning the status of the project, .such statements, certificates, approvals and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the County. 10. Notices, Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: David M. Griffith & Associates 1100 Logger Court, Suite D100 Raleigh, North Carolina 27609 IN WITNESS WHEREOF, the County and the Consultant have executed this agreement as of the date first written above. County of Orange (County Official) David M. Griffith & Associates By: Tim McKinnie Vice President 3 3 J Page 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V-L- ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 SUBJECT: Approving Contract for Receiving State Land Records Grant. DEPARTMENT Central Land Records ATTACHMENT(S): Letter Contract PUBLIC HEARING: Yes .x-- No INFORMATION CONTACT: Roscoe Reeve TELEPHONE NUMBER: EYt 2501 Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688-7331 PURPOSE: to approve the Chair of the Orange County Board of Commissioners to sign a contract in order to receive a matching grant of $3,000 from the State's Land Records Management Program (LRMP) for the remapping and GIS projects. BACKGROUND: Since 1979, the County has received annual matching grant funds from the State for its land records modernization efforts. The funds are applied for, and the General Assembly determines the funding amounts. These matching funds are then used by the County for its remapping and GIS projects. Signing the contract means that the County agrees to those requirements of the State that govern the use of the grant funds. RECOMMENDATION(S): that the Chair be authorized to sign the State's land records matching funds grant contract for receiving grant funds for 1990-91 remapp.ing and GIS projects. 5 iyGO JAMES G. MARTIN GOVERNOR STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603 -8001 October 23, 1990 Mr. John Link County Manager 109 Court St. Annex Hillsborough, North Carolina 27278 Dear Mr . Link: I am pleased to announce that Orange County has been awarded $3, 000 matching funds under the North Carolina Land Records Management Program (LRMP). Your application requesting funds defined a program of land records improvements that will benefit the county's operation and your taxpayers. I understand that 58 counties requested grant funds totaling over $7,500,000 against a much smaller amount in available grant appropriations; therefore, grant awards had to be scaled back. However, I hope that this grant award will help you move forward with your excellent program. You will be contacted shortly by Mr. Charles H. Gardner, Director of the Division of Land Resources to work out the details on the contract for this grant. Thank you for your continuing interest in this program. JGM/ chg 2 i .3 1991 3 State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Govemor William W. Cobey, Jr.. Secretary Mr. John Link County Manager 109 Court St. Annex Hillsborough, North Dear Mr . Link: October 24, 1990 Carolina 27278 Charles H. Gardner Director You recently received a letter from Governor Martin announcing that Orange County has been awarded $3,000 matching funds under the North Carolina Land Records Management Program (LRMP) . This is a supplement to the Governor's announcement providing additional details concerning the grant process and grant requirements. With 58 counties requesting grants amounting to over $7,500,000 against only $172,600 in available appropriations, it was necessary to scale -down the requests according to an impartial and equitable formula. The figures for the recommended grant awards were obtained by prorating the $172,600 among all applicants according to their documented eligibility for funding over the next fiscal year. In addition, the amounts thus obtained were modified by the imposition of a "ceiling" of $3,000 per county and a "floor" of $1,000 or 50% of the project cost, whichever was less. Attached are two (2) copies of the LRMP Grant Agreement covering your grant-award to be signed and returned to the Land Records Management Program office. This Agreement states the rules and regulations that govern the funding of the state matching grant for your project. When signed by the proper county officials and returned to Rex Minneman, Acting Chief, N. C. Land Records Management Program, P.O. Box 27687, Raleigh, North Carolina 27611, your decision to accept this grant will be formally recorded. Agreements not signed and returned by December, 3, 1990 will be deemed to have been declined, and those funds will be redistributed to all other counties accepting their grant awards. P.O. Box 27687 • Raleigh. N.C. 27611 -7687 • Telephone (919) 733 -3833 An Equal Opportunity Affirmative Action Employer As usual, when grants are made to counties, audits are required for the work performed under the agreement. Your county will also be required to send a quarterly report to the LRMP office which will address all activities that are involved in the administration of this grant. We hope that the grant funds will help you to continue the excellent program which your county has undertaken. Sincerely, Charles H. Gardner Attachments L-! s ' Contract No. 91 -43 Page 1 of 6 5 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this day of 1990 by and between the North Carolina Department of Environment, Health, and Natural Resources (hereinafter called EHNR) and the County of Orange (hereinafter called the "County "). WITNESSETH WHEREAS, Section 102 -15, of the North Carolina General Statutes empowers the EHNR to administer a program of technical -and financial assistance for the improvement of county land records; and WHEREAS, the Land Records Management Grant Application dated June 6, 1990, prepared and submitted by the County, has been determined by EHNR to qualify the County for a grant award; and WHEREAS, the Secretary of the EHNR has awarded Land Records Management Grant No. 91 -43 in the amount of $3,000 from State matching funds to the County as financial assistance for the completion of the project described in said Grant Application; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. County En d. The Land Records Management Program agrees to assist the County and the County agrees to perform the work and responsibilities as more fully described in the Work Program appended hereto as Attachment A and hereby made a part of this Agreement as a complete and sufficient statement of the work encompassed by the Project Description in the Land Records Management Grant Application supporting Land Records Management Grant No. 91 -43. 2. General RLmMo bjh es of the County. The County Government shall: (a) assume positive leadership to perform and carry out in a satisfactory and proper manner as determined by Land Records Management Program, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of Land Records Management Program, qualified contractors for all work not performed by county personnel; and (c) arrange periodic meetings of county officials, local representatives of the legal, surveying, and engineering professions and representatives of Land Records Management Program to review progress and consider such recommendations for action as may be required. Contract No. 91 -43 6 Page 2 of 6 3. Provision of Funds. To assist in financing the work covered by this Agreement, the County has been awarded a grant of State funds in the amount of $3,000. It is expressly understood that the County will match this State award with an expenditure of at least $3,000 of local tax revenues applied exclusively to the work covered by this Agreement. 4. Obligation of Grant Funds. Grant funds may not be obligated prior to the effective data or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be liquidated within one year after the date specified unless otherwise extended by the State of North Carolina in writing. Such obligations must be related to goods or services provided and utilized within the effective period of this Agreement. The effective period of this Agreement is January 1, 1985 - June 30, 1992. 5. Changes or Extension of Document. The County or the Land Records Management Program may, from time to time determine that changes in the scope of work described in Attachment A will be necessary. Such changes affecting the nature of the work as well as' the timing, methodology, and any increase or decrease in the amount of compensation due to the County shall be incorporated in written amendments to the contract which shall be mutually agreeable to the parties hereto and such agreement shall be endorsed thereon by authorized signatures. 6. Termination of Agreement for Convenience. Either the Land Records Management Program or the county may terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. 7. Termination of ARTeement for Cause. If through any cause the County shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the County shall violate any of the covenants or stipulations of this Agreement, the Land Records Management Program shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and specifying the effective date thereof. Upon the County's receipt of such notification all work shall immediately cease and no further expenditures shall be claimed against this Agreement except for work already performed. 8. Egual to t rtuni The County and any contractor covered by this Agreement shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and shall take affirmative action to ensure equal opportunity in its employment practices. The County and any contractor shall state in its advertisements for employees that all qualified applications shall receive consideration for employment without regard to race, color, religion, sex or national origin. 9. Interest of Land Records meat Pro Members and Others. No employee of the Land Records Management Program, and no Contract No. 91 -43 7 Page 3 of 6 member of its governing body, and no other public official of the governing body of the community in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall (a) participate in any decision relating to this Agreement which affects his or her personal interest or the interests of any corporation, partnership, or association in which he or she is directly or indirectly involved; or (b) have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 10. Access to Records. At any time during normal business hours and as often as the Land Records Management Program or the Department of State Auditor may deem necessary, the County shall make available to the Land Records Management Program or representatives of the Department of State Auditor for examination all of its records with respect to all matters covered by this Agreement and shall permit these agencies to audit, examine and make excerpts of transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records-of personnel, conditions of employment,and other data relating to all matters covered by this Agreement. 11. Retention of Records. The County shall retain all financial records, supporting documents, and other pertinent records related to expenditures against the grant received for a period of three years following the termination date of this Agreement. In the event such records are audited, all records shall be retained beyond the three -year period until audit findings have been resolved. 12. Audit Requirements. The County shall be responsible for an audit of the work performed under this Agreement with copies made available to Land Records Management Program upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Re Requirements. The County shall prepare and submit to the Land Records Management Program quarterly progress reports, due in the Land Records Management Program no later than 10 days after the end of the quarter. Requisition for payment, according to the schedule established by this Agreement, shall be subject to authorization by the Land Records Management Program upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. 14. Compensation. The EHNR shall pay to the County an amount not to exceed $3,000 for the services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto. 15. Indemnification. Notwithstanding My provisions of this Agreement, it is expressly a ed that: The County shall indemnify and save harmless the State of North Carolina and its employees, from and against any and all claims, demands, suits, judgments, settlements, etc., for sums of money for and on account of personal injuries, property damage, invasion of real property, or loss of life or property of any Contract No. 91 -43 Page 4 of 6 8 Persons whether in contract or tort, as in any way connected with the performance of the project covered by this Agreement. Further, the County expressly releases the State of North Carolina from any liability or any losses or damages suffered by the County, directly or indirectly, from or in any way connected with the performance of this Agreement. 16. Method of Payment. Upon determination by the Land Records Management Program that the services identified in Attachment A have been satisfactorily completed, and Land Records Management Program shall notify the EHNR to pay the amount set forth in Paragraph 14. Such sum shall be paid in every case subject to receipt of a signed requisition for payment in connection with quarterly progress reports required under Paragraph 13. The County shall be paid in a lump sum or as progress payments by the EHNR . If all work specified for completion is not completed, payment shall be made on the basis of the percentage of work completed. Lump sum payments will be made only upon completion of all work and approval of the Land Records Management Program. 17. Designation and ] � to ent of Contractor. To carry out the Work Program, Attachment A, of this Agreement, the County may utilize the services of its in -house staff or it may contract for the services to be performed therein with a private business or public agency. Prior to the execution of a contract, or the use of its in -house staff, the County shall provide the Land Records Management Program: (A) A resume of the Contractor for the project. (B) A copy of the proposed contract between the County and the Contractor. (C) A work plan or schedule showing when the Deliverable Items covered by the contract are to be completed, as well as the cost for each Deliverable Item. The County shall ensure that (a) the standards established by the Land Records Management Program are satisfied, and (b) the contract meets the requirements of this Agreement. 18. Availability of Funds. It is understood and agreed between the Contractor and the Agency that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation and appropriation of funds to the Agency for the purposes set forth in this agreement. Contract No. 91 -43 Page 5 of 6 "ATTACHMENT A" WORK PROGRAM FOR COUNTY OF ORANGE This Work Program is incorporated by reference hereto in the attached Agreement between North Carolina Department of EHNR and the above County and is made a part thereof. The grant award, which is subject of said Agreement, is being made contingent upon the performance of the following work: The County will prepare maps in conformance with the North Carolina "Technical Specifications for Base, Cadastral, and Digital Mapping" and automate its land records. Contract No. 91 -43 Page 6 of 6 10 IN WITNESS WHEREOF, the EHNR and the County have executed this Agreement as of the first date written. ATTEST: BY TITLE ATTEST: BY TITLE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES BY WILLIAM W. COBEY, JR. Secretary of Environment.. Health, and Natural Resources ORANGE COUNTY BY Chairman of the Board of County Commissioners ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 Action Agenda Item No. NjL0 SUBJECT: Cable TV Franchise - Cablevision of Durham (Second Reading) DEPARTMENT: County Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S): Franchise INFORMATION CONTACT: Manager's Office TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To approve the first reading of Cable TV Franchise between Cablevision of Durham and the County. BACKGROUND: On February 20, 1990, Cablevision of Durham presented a proposal to the Board requesting a five year delineated cable TV franchise agreement. Cablevision of Durham desired to serve homes in Northeastern Orange County. The areas border Durham County where Cablevision of Durham has extended cablevision service to the orange County Line. During discussions it was acknowledged that Cablevision of Durham had connected cable services to a few homes in Orange County without a cable TV franchise agreement. At the June 26, 1990 Board meeting, Carolina Cable (one of the existing County cable franchisees) committed to build cable in Northeastern Orange County within six months. The Board directed the County Attorney to draft a delineated Cable TV Franchise for Cablevision of Durham covering homes currently connected by the company and homes that may be constructed in two specific areas. The areas border Durham County, but can not be reasonably served by existing County cable franchisees. At the August 6, 1990 Board Meeting, the first reading of a Franchise for Cablevision of Durham was approved. Subsequently, Cablevision of Durham requested amendments to the franchise before the second reading. The revisions were significant enough to rewrite the franchise. The revisions are highlighted in the attached document. Most notable, is a provision which allows Cablevision of Durham to construct cable lines through orange County on Craig Road. Cablevision of Durham will not serve homes along Craig Road, but will access homes within Durham County using the Craig Road Corridor. W. , The attached franchise will enable Cablevision of Durham to operate according to its terms and within the geographical limits spelled out in the franchise. The franchise ordinance will have to be approved by the Board at two readings. It must be approved by two independent actions and each action taking place at a different meeting. (Please note minor revision on page 2 of the franchise.) RECOMMLNDATION(S): Approve the second reading of Franchise Ordinance foz Cablevision of Durham. 2 AN ORDINANCE GRANTING A FRANCHISE TO CABLEVISION OF DURHAM, INC. TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN A DELINEATED PORTION OF THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section I. Grant and term. Subject to the terms and conditions of the Orange County Cable Television System Ordinance as amended and as it may be amended, (hereinafter "the ordinance ") which ordinance is incorporated herein by reference, and the other terms and conditions of this ordinance (hereinafter "the franchise "), Cablevision of Durham, Inc., its successors and assigns, (hereinafter "grantee" or "the grantee ") is hereby granted the right, privilege and franchise to construct or have constructed, operate and maintain a cable television system and to operate a cable television service in the portions of the unincorporated areas of Orange County, North Carolina (hereinafter "county" or "the county ") delineated below AND NO OTHER for the purpose of providing cable television service to the citizens of the delineated portions of the unincorporated areas of the county, and for that purpose to erect, install and construct upon, across, beneath and along any street or road all necessary cable and other equipment and facilities as may be necessary and appurtenant to the cable television system. in addition, this right, privilege and franchise shall extend to 1 3 property rented or leased from other persons, including but not limited to any public utility or other grantee, franchisee or permittee, in order to do business in the delineated portions of the unincorporated areas of the county. The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the county and no other purpose whatsoever. The term of this franchise shall commence upon the acceptance of this franchise by the grantee, as provided in Section VI of the ordinance and shall terminate at midnight, February 24, 1996. Delineated Franchise Areas 1. Area I: Homes which now exist or may be constructed fronting any portion of Saddle Drive, Horseshoe Road, Big Fork Road or Fox Drive. 2. Area II: Homes which now exist or may be constructed 2 S 4 Section II. Renewal. The franchise may be renewed for an additional period of ten (10) years upon terms satisfactory to both the county and the grantee. Section III. Nonexclusive. The franchise shall be nonexclusive, and the county reserves the right to grant similar franchises to any person or persons at any period during the present franchise or any extension thereof. Section IV. Construction of system. Grantee shall obtain the proper permission and authority from the North Carolina Department of Transportation, or other agency of competent jurisdiction, and where appropriate, private land owners before any cable or other equipment necessary and appurtenant to the cable television system may be placed within any street or road. All highways, roads, streets, sidewalks, avenues, alleys, bridges and other public and private places that may be disturbed or damaged in the construction or maintenance of the cable television system shall be promptly repaired or replaced by the grantee at its own expense. All poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such manner as to comply with all federal and state statutes, county and other local ordinances and rules and regulations of the North Carolina Department of Transportation, or M 5 other agency of competent jurisdiction. All such units of government and governmental agencies with approval authority over the construction and maintenance of the CATV system must approve the construction and maintenance. All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads, and minimum interference with the property rights of property owners adjoining said streets or roads. Such facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with proper use of said streets or roads, and no interference with the property rights of owners of property adjoining said streets or roads. in the event the grantee shall fail to replace or repair any of said public and private facilities within ten (10) working days after written notice to do so from the county manager, the same'may be replaced or repaired by the proper authorities of the county, and in that event, the grantee shall forthwith pay to the county the cost of such work. Section V. Relocation of facilities. In the event (at any time during the franchise period or any extension thereof) the county, the North Carolina Department of Transportation or any other unit of government or public agency, by: reason of traffic conditions, street closing, or highway or street construction changes in or the establishment of any street grade, the installation of sewers, drains, water pipes, power 4 RI lines, signal lines, or any type of structure or improvement, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other place any of its properties, owned or leased, upon reasonable notice by the agency involved in the work. The county, the North Carolina Department of Transportation or any other unit of government or agency shall not be liable for any disturbance of the grantee's installation resulting therefrom. The grantee shall carry out instructions and directions of the North Carolina Department of Transportation District Engineer or his designee whenever it is necessary to raise or remove any of the grantee's wires or cables temporarily for the purpose of moving or removing structures on the public streets or roads of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working order, and where necessary, with the prior approval of the appropriate public or private agency and person. As between the county and the grantee, all actions herein required to be performed shall be performed at the expense of the grantee and the grantee shall hold the county free and harmless from all damages or claims for damages, including attorneys fees and other litigation expenses necessary to defend any such claim, arising from such actions of the grantee. 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'\:.: .:. {'�•.w.,�.•., ,•::::,:,:.:,.:,:....:.. :: }::.?Y.•:k5:o2.. ::: }:. a., ✓..... ..alt+S::}..FF:L:•:•'..•:tt.::, .......,•2. �2,.... . ✓:{�.a:{,;:2.n.!;;:�,��.•. >.2J ^:x:#%, Ca^`• �F: +: %t ?;: }.f#..,.2 >: }..}�...:: ; :.,•::: ::::::::..,.......R2::::;:::t:� ':F$k•'.�FF: ?�FF ..'�{ ' ,:. �....�. e�:'�'i'•�:'�• ;a,,:��.,.,; .vryh $tip >:•:�: � y{ �• s���� .vnv: {•. „r.::._.:..::; >;;:: s��%�1J>ik4'::. Fh�'i4inki:ti.M Y�'}.o•�'•':�ry ••:c•� , ��.:; :: :;.;>:'::•:�ti• :{ • . :: k{{r' {{:.}ri:: {:.. n�'.:.:•.:.:•:::........::. {. .,.::ik$.1 . :.'W4�'„.;$:Fx:.ry �r.,+ i2R�F/ ar< t:',.:.:!; i} �: a}: �} R•'. 3} G}: aF:};:: w: R•:.:.#:.::: s:;. r: 2 .r2.f.x2.rr}is.o}:.�2. }} }tt }$;{ Section VII. Location maps. The grantee agrees to maintain in the office of the Orange County Manager copies of all maps showing the location of all 0 H. wires, cables and other fixtures situated within the unincorporated areas of the county. Section VIII. Hold harmless. The grantee, its successors and assigns, shall indemnify and save harmless the county, its officers and employees as expressly provided in Section XIV of the ordinance. Section IX. The system and its operation. A. Except as otherwise required by this franchise or unless otherwise required by the ordinance, grantee agrees to build and operate a cable television system in the delineated portions of the unincorporated areas of the county. The documents describing "technical synopsis," "subscriber network," "quality customer service," "service management system," "service response," and "preventive maintenance" included with the September 7, 1989 proposal of grantee have been examined and approved by the county. They are attached to this franchise as exhibits and incorporated herein by reference. The grantee, by its acceptance of this franchise, acknowledges that any such standards which exceed FCC requirements are freely offered by grantee. These standards shall apply to all CATV service and new construction - within the county. Grantee shall demonstrate to the satisfaction of the county manager that its system meets the minimum technical standards offered in its September 7, 1989 proposal and prescribed in this franchise by providing test results from tests performed at the 7 9 terminus of its system within Orange County along its system. These tests shall be performed periodically at the request of the county manager. Random testing shall result in the entire system being tested every three months. B. The following construction practices shall be followed: 1. S_act. To avoid or at least minimize the danger of cable breaks, grantee shall specify that TV cables shall sag at least as much as the telephone cable below it, and should never be allowed to sag less than 1% of.the spanned length. Preferred sag will be 1.5% to 2% (22 -30 inches in a 125 -foot span). 2. Sleeved connectors. To minimize interference due to signal infiltration from mobile transmissions, CB, amateur transmissions and strong local TV signals, connectors with integral internal sleeves will be used. 3. Connector seals. Cable splices and housing connectors shall be sealed against moisture either by properly applied shrink tubing, or by means of sealant tape such as Bi -Seal, or Aqua -Seal or equivalent. 4. Lightening and power surge protection. The following, or its equivalent as certified to the county by a qualified engineer, shall be done to provide lightening and power surge protection. Adequate grounding, at the first, last and every tenth pole, and at every repeater or power supply location shall be .installed. Adequate bonding to telephone strand and electric neutrals shall be done. Careful attention shall be given to the proper use of surge protection devices, resetting circuit breakers, E3 and gas ionization devices to protect equipment and maintain service during abnormal power situations. Particular attention shall be given to the regulated do power packs at repeater stations through the use of adaptive regulator circuits, surge. protection modules, transient absorbing diodes, or 3- terminal regulator hybrid specially designed to provide current limiting, thermal overload protection, and maintain operation within safe limits. 5. Installation standards. Each subscriber shall have a separate drop from the residence to the Feeder Line. Buildings with more than four units may be treated as apartments. Installation methods shall be explained to all subscribers. Ne hti { Se. vv>:✓l{ rSF: Yfd3R�ra:{ �l: i:;;$! t• rx:< �? ri:: �:.< Fr: b�'.{ tMdd:` �C:{{. r• Y .35idt:4xew�S+'6�1:'•`.F#i%i <{. : •.K i•:f: •.::v.}:{:ny •: :_.:vx�• .ti;t n�:,i�: �k:; { : ::.� }::}�:�.};, :. :F:h�:.:};a:;:.x.;. �:. {:: tYY�Y •`�:6'•:.h^n.`.^L.^.>�EkF:;�dR 4W:Jj '�'. '. �".... 5+'/' v`- �' �.•.'. ��:. t��..] ti.: v,} kY{ Yb; 4 :.AY:'d.'v��'C�:L'.':tkk::....: w..,i: ,yhd �•..:h yrf:{ � vx{�.• -::• ^y �:;}•• C•. ,y+:�n•{.Y:....iy 'MD:pv.K:.4r• :. •y..n.�. i�� ..`F�.�yn .; ;.w{.1H}... _ ::> •• .. >.<w::: �:<;�'.. }.. : >.�. ;:�;;:�F'� . .`•:< . {w:<:.. :�:<z All : +'. �3c�F�+ ifx: 7e! G' w, 'a�;iCi+:e��icF:4i�2 %$�ro{cd&:.• Fax :.iuu,.F }nFx }:a' <�`h�.��':'»06^ � ..: �.iv4x.��d:vv'~:;4' X00.' 6t{" e��.:.:;::: sx..: �::. o>}: �• wFF{ f;£}�k,Y:.}rohy }:yN:.�ES:x.:.:.: installation standards and practices shall be state -of -the- art." All installations shall be done in a workman -like manner using "state -of- the -art" techniques and "state -of- the -art" materials. 6. Construction manual. Grantee shall provide its construction crews and any contract construction company with a construction manual detailing each stage of the construction process. A copy of this construction manual shall be provided to the county manager before construction commences. Any comments and recommendations made by the county manager concerning this manual shall be considered by grantee and if necessary to meet the requirements of the franchise or the ordinance, the manual shall �1 10 be revised by the grantee. All installations shall be supervised and inspected by grantee's engineers. C. Channel ca acit and system desicrn. Grantee shall install and maintain a "state -of -the -art" system and abide by all reasonable requests of the county to upgrade the system. Without limiting the generality of this requirement: 1. All new construction of plant in the unincorporated areas of the county shall be 400 MhZ capable and be two -way capable. 2. Grantee shall operate its existing plant in the county and all new plant in the county in accordance with the technical synopsis and subscriber network exhibits to this franchise. Grantee shall upgrade its entire system within the unincorporated areas of the county contemporaneously with any upgrade of its Durham County franchised system. Grantee shall immediately notify the county manager of any plans it has for upgrading or any Durham County franchise required upgrade. 3. Grantee shall provide a trouble feed -back system which allows the monitoring of all active elements of all Main Trunk Cable of the system. Grantee may satisfy this requirement in one of two ways; (1) it may, within 18 months of its acceptance of this franchise, install and activate bi- directional capacity in the Main Trunk Cable of its system or, (2) it may immediately provide service to subscribers along all Main Trunk Cable at such intervals as will provide a "trouble feed -back system" in effect activated by subscriber calls in the event of system failures which 10 13 12 is comparable in terms of reliability to an activated bi- directional feed -back system. In the event grantee elects to utilize a subscriber "trouble feed -back system" it must provide the necessary service to subscribers without regard to the system extension requirements contained in this franchise and, if necessary in order to obtain their subscriptions, at no cost to the subscribers that are part of the "trouble feed -back system." 4. Grantee shall design and operate its system so that it has interconnect compatability to share programming with any existing franchised cable operator within the unincorporated areas of the county and provide verification to the satisfaction of the county manager of this compatibility. Section X. Programming and Access. A. Grantee shall provide at least one public service and /or access channel. This channel shall be reserved for and used for such things as community billboard, local origination programming and educational access programming other than PBS. B. Grantee shall provide a local origination studio, together with the necessary equipment and personnel, to enable members of the public to create and broadcast programming. Grantee may satisfy this requirement to provide local origination studio and necessary equipment and personnel by contracting with a third party. However, the responsibility to provide the local origination studio and necessary equipment and personnel is that of grantee. Air time shall be provided free of charge to everyone 11 13 except "for -- profit" entities and declared political candidates. Fees may be charged for equipment and labor supplied by grantee in assisting persons in developing programming, except that no charge shall be made for live studio cable casts of five minutes or less by public access users or for the broadcasts of such special events as are designated by the board of commissioners of the county. C. Grantee shall make its local origination and public access channel programming available to any other franchised cable operator in the county at the time that cable operator makes its local origination and public access channel programming available to grantee. Grantee shall carry any other franchised cable operators local origination and public access programming when it becomes available to grantee. Grantee shall not be required to carry such programming if it is commercially sponsored. Any charge made by grantee to another franchise cable operator as a price for grantee making its local origination and public access channel programming available shall be commercially reasonable and shall be at no charge provided the other franchise cable operator provides its local origination and public access channel programming available-to grantee at no charge. Section XI. Effective date. Subject to the provisions of Section VI of the ordinance, this franchise shall become effective on the date on which grantee files the acceptance, bonds, fees and expenses, and proof of insurance required by the ordinance. 12 14 ACCEPTANCE OF FRANCHISE Cablevision of Durham, Inc. hereby accepts the foregoing franchise and voluntarily agrees to conduct its operations as a grantee in accordance with this franchise and the Orange County Cable Television System Ordinance as it now exists and as it may be amended from time to time. This agreement is accepted and-filed with the Orange County Manager this day of , 19 Also filed herewith are the proofs of insurance, bonds and letters of credit required by Section XIV of the Orange County Cable Television System Ordinance. CABLEVISION OF DURHAM, INC. By: ATTEST: Secretary STATE OF COUNTY 1, President , a notary public of said county and state, certify that personally came before me and acknowledged that he (she) is secretary of Cablevision of Durham, Inc., a corporation, and that by authority given and as the act of the corporation the foregoing franchise was signed by the president of the corporation, sealed with its corporate seal and attested by himself (herself) as its secretary. is First Reading. The foregoing ordinance received the following vote and was duly adopted this day of , 1990: Ayes: Noes: Absent or Excused: Second Reading. The foregoing ordinance received the following vote and was duly adopted this day of .., 1990: Ayes: Noes: Absent or Excused: 13 t 16 Witness my hand and official seal, this the day of 19 My commission expires: Notary Public 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V -E ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 SUBJECT: Cable TV System Ordinance Amendment (Second Reading) ------------------------------ ---------------------------------- DEPARTMENT: Manager PUBLIC HEARING YES: NO: X --------- --- ------------------- ---------------------------------- ATTACHMENT(S): INFORMATION CONTACT: Manager's Office Amendment to Section XVI (a) (vi) TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 ---------------------------------------------------------------------- PURPOSE: To consider amending Section XVI (a) (vi) of the Cable TV System Ordinance. BACKGROUND: The Cable TV Ordinance Amendment dispenses with requirement of cable franchisees to tabulate service calls quarterly. Franchisees will continue to log service calls, however, tabulation and delivery of service calls to the County Manager will be upon request. To be adopted on the first reading, this amendment to the Cable TV System Ordinance will have to be approved unanimously by the Board. RECOMMENDATION(S): Approve second reading of the amendment to Cable TV System Ordinance. AMENDMENT TO THE ORANGE COUNTY CABLE TELEVISION SYSTEM ORDINANCE THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section XVI(a)(vi) is rewritten to read: (vi) The grantee shall log all calls for service, identifying the caller, the address of the caller, a description of the complaint including the location of any failure of CATV service. This log shall be tabulated the county manager, and the tabulation shall be delivered to the county manager upon its completion. This ordinance amendment shall become effective upon its adoption. Adopted: Date Q1 3 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 20, 1990 SUBJECT: TAX REFUND REQUESTS DEPARTMENT: ASSESSOR'S OFFICE ATTACHMENT(S): ATTACHMENT A - CODES INDIVIDUAL REQUESTS 1 Action Agenda Item # Y-F PUBLIC HEARING: Yes —S —NO INFORMATION CONTACT: ASSESSOR'S OFFICE TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 668 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To consider nine requests for property tax refunds. BACKGROUND: General Statutes 105 -381 (b) Action of Governing Body - Upon receiving a taxpayer's 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. The type of refund for each taxpayer is defined by the appropriate code. The list of codes is referenced by Attachment A. RECOMMENDATION: Attacbmnt A 1990 ORANGE COUNTY TAX RATES LEVY CODES" RATE ; RC TOTAL RATE COMBINATION GO COUNTY .007655 ; 00 .008025 County Tax + Orange Fire Tax 01 .00841 County Tax + White Cross FirE G1 CARRBORO .0060 ; 02 .010185 County Tax + C.H. Sch. Dst + White Cross Fire Tax G2 CHAPEL HILL .0061125; 03 .00795 County Tax + Efland Fire Tax 04 .010225 County Tax + C.H. Sch. Dst. + G3 HILLSBOROUGH .0048 South Orange Fire Tax 06 .00845- County Tax + South Orange Fix 07 .009945 County Tax + C.H. Sch. Dst. + CH C.H. SCHOOL DIST .001775 ; New Hope Fire Tax 08 .00817 County Tax + New Hope Fire Ta DR DOWNTOWN REVITALIZATION ; 09 .00827 County Tax + Eno Fire Tax MUNICIPAL SERVICE ; 10 .00815 County Tax + Orange Grove Fir DISTRICT .0007 ; 11 .009925 County Tax + C.H. Sch. Dst. + Orange Grove Fire Tax FIRE DISTRICTS: ; 13 .009425 County Tax + C. H. Sch. Dst. 14 .009735 County Tax + C.H. Sch. Dst. + FA ORANGE .000375 ; Chapel Hill Fire Tax FB EFLAND .0003 ; 15 .00809 County Tax + Little River Fir FC SOUTH ORANGE .0008 ; 16 .00835 County Tax + Cedar Grove Fire FD NEW HOPE .00052 ; 17 .009925 County Tax + C.H. Sch. Dst. + FE ENO .00062 Southern Triangle Fire Tax FF ORANGE,GROVE .0005 ; 19 .009985 County Tax + C. H. Sch. Dst.+ FG CHAPEL HILL .00031 ; Damascus Fire Tax FH LITTLE RIVER .00044 ; 21 .015425 County Tax + C.H. Sch. Dst. + FI CEDAR GROVE .0007 Carrboro City FJ SO TRIANGLE .0005 ; 22 .0155375 County Tax + C.H. Sch. Dst. + FK DAMASCUS .00056 Chapel Hill City FL WHITE CROSS .00076 23 .01245 County Tax + Hillsborough Cit 24 .00765 County Tax only (Inside Meban City) VEHICLES: ; 25 .00765 County Tax only (Inside Durha City) V1 CARRBORO VEH. 5.00 ; 32 .0162375 County Tax + C.H. School Dst. Chapel Hall City + Downtown V2 CHAPEL HILL VEE. 5.00 Revitalization Municipal Service District V3 HILLSBOROUGH VEH. 5.00 ; 88 .0061125 Chapel Hill City only (Durham County) �. � � � / C 1• !,5 ! /fie •..r� / j A r MAP # TRACT # ACCOUNT # 89000851 BILL # 8954538 RATE CODE 21 [ I Lee Roy Obie 845 Airport Rd. Chapel Hill, NC 27514 [ 1 COMMENT: Taxpayer penalized $100 for failing to list motor vehicle in 1989. Letter attached requesting a refund or release of the penalty. A review of tax records indicate no previous penalties for late listing or late payment charges for past two years. REFERENCE: GS 105- 312(hl) ACTION REQUESTED: Refund /Release $100 motor vehicle penalty. $100.00 1.40 $101.40 RECOMMENDATION: Approve ORDER: DATE: 2 t I William J. Morgan & Donna Morgan Rt 1, Box 99M Henderson, NC 27536 MAP # TRACT # ACCOUNT # 89000822 BILL # 8954521 RATE CODE 22 COMMENT: Taxpayer penalized $100 for failing to list motor vehicle in 1989. Letter attached requesting a refund or release of the penalty. A review of tax records indicate no previous penalties for late listing or late payment charges for past two years. REFERENCE: GS 105- 312(hl) ACTION REQUESTED: Refund /Release $100 motor vehicle penalty. $100.00 Penalty 9.50 Interest $109.50 RECOMMENDATION: Approve ORDER: i9r4WX 4 MAP # 7.135..7C TRACT # 730978 ACCOUNT # 110706 BILL # 89 -14439 RATE CODE l 22 Gilbert M. Coridan & Lynda W. 119 Nottingham Drive Chapel Hill, NC 27514 COMMENT: Two leased vehicles listed by both lessee and lessor. Should be taxed to lessor. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund overpayemnt to lessee. GO $261.07 G2 209.59 CH 65.27 $535.93 RECOMMENDATION: Approve ORDER: DATE: 5 MAP # TRACT # ACCOUNT # 102611 BILL # 9050442 RATE CODE Mercedes Benz Credit Corp P.O. Box 5425 Norwalk, CT 06856 -5425 [ 1 COMMENT: Leasing company leased same vehicle in both Orange County and Chatham County. Should have been listed in Chatham. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund overpayment to leasing company. GO $179.39 143.34 41.62 5.00 $369.35 RECOMMENDATION: Approve ORDER: DATE: I Brenda S. Beamon 5901 Craig Rd. Box 17 Durham, NC 27712 MAP # TRACT # ACCOUNT # _102611 BILL # 9050442 RATE CODE COMMENT' 1988 Oldsmobile listed by both lessee and lessor. Should have been listed by lessor. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund Property Tax Overpayment to Lessee. GO $73.41 FE 6.41 $79.82 RECOMMENDATION: Approve OR6ER : DATE: MAP # TRACT # ACCOUNT # 134346 BILL # 8927041 RATE CODE �21 Felicia F. McLean Royal Park Apts. 4F Carrboro, NC 27510 COMMENT: Vehicle listed by both lessee and lessor. Should have been listed by lessor. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1989 Property Tax Overpayment to lessee. RECOMMENDATION: 9, am., L9r1WaW GO $86.48 G1 71.25 SC 21.62 $179.35 Approve WA y 5 MAP # TRACT # ACCOUNT # 142423 BILL # 905707 RATE CODE World Omni Leasing, Inc. 120 N.W. 12th Ave. Deerfield Beach, FL 33442 COMMENT: Value of motor vehicle incorrectly keyed as $99,770 instead of $9,970. REFERENCE: G.S.105- 381(a)(1)a. A tax imposed through clerical error. ACTION REQUESTED: Refund 1989 property tax overpayment GO $637.58 FA 33.68 $671.26 RECOMMENDATION: Approve r ORDER: DATE: T MAP # — 7.52D.F.1 TRACT # 712585 ACCOUNT # 118716 BILL # 9034219 L E. N. Richards Estate ] RATE CODE -- 22 c/o Robert W. Wilson Poyner & Spruill Attorneys At Law P.O. Box 10096 [ Raleigh, N.C. 27605 -0096 ] COMMENT: Above parcel failed,to be transferred and merged by deed 802/417 dated 7- 13 -89. Property transferred to Town of Chapel Hill. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1990 Property Taxes to E.N. Richards Estate Valuation: $7,500 GO $57.38 G2 45.84 CH 13.31 RECOMMENDATION: ORDER:, 11ro1viiar $116.53 Approve 6t 10 Ellyn B. Lockerbie Rt 7, Box 38 Chapel Hill, NC 27514 MAP # TRACT # ACCOUNT # BILL # RATE CODE 100784.5 8936056 17 COMMENT: 1988 Hyundai listed by both lessee and lessor. Should have been listed by lessor. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1989 property tax overpayment GO $39.41 LL 5.20 FJ 2.78 CH 9.85 $57.24 RECOMMENDATION: Approve ORDER: DATE: 1 OR AN G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 20, 1990 Action Agenda Item # - SUBJECT:-REFUND OF EXCISE STAMP TAX OVERPAYMENT DEPARTMENT: COUNTY MANAGER REGISTER OF DEEDS ATTACHMENT(S): (1) COPIES OF PERTINENT N.C. STATUTES (2) LETTER FROM COUNTY ATTORNEY (3) LETTER FROM ROBERT J. GREEN, JR. AND RELATED DOCUMENTS (4) LETTER FROM REGISTER OF DEEDS PUBLIC HEARING: Yes _„_X —No INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 REGISTER OF DEEDS, EXTENSION 2575 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE; To consider a request for refund of calculated excise tax. BACKGROUND: See documentation attached. RECOMMENDATION: Approve the refund of $1535.00 to Robert J. Green, Jr. as recommended by Register of Deeds. (PrMIS2 L' rJUntU Ti rttu .1�tutr i-17cirs :LIP tS PZ of 332EI15 @ffiPp 1ry15trr of Dods lU6 ��. ��rp�rrt T�nr a 7 �ills6vrnu5lT,�rth Cr -irolina 27274 Orange County Board of Commissioners F rom Betty June Hayes, Register of Deeds Date: November 12, 1990 Subject: Request for Refund of Monies Overpayment of Excise Stamp Tax - $1,535.00 Deed from Team Contractors, Inc. to Blythe Industries, Inc. recorded in Book 872, page 6 As per the attached Affidavit from Robert J. Greene, Jr., Attorney at Law from Charlotte, N. C., you will find that Mr. Greene certifies to the fact that he inadvertently miscalculated the Excise Stamp Tax that was to be affixed to the Deed cited above. This matter has been referred to the County Attorney.. Mr. Gledhill has rendered the opinion that Orange County could reimburse Mr. Greene the sum of $1,535.00 under the provisions contained in G.S. 105 - 228.30; therefore, I am requesting that the Orange County Board of .Commissioners authorize the Finance Director to issue to Robert J. Greene, Jr. the sum of $1,535.00 based on the evidence submitted that this was an error in calculation on the part of Mr. Greene. Mr. Greene has forwarded to this office the original recorded Deed along with' the recording fee for the rerecording of this document. Upon the authorization of the Board of Commissioners to refund the requested monies the Deed will be rerecorded along with a copy of the Affidavit submitted by Mr. Greene. The Excise Stamp Tax amount will be corrected to reflect the correct amount of:Excise Stamp Tax due on said Deed and a notation will be 'affixed to said rerecorded Deed by the Finance Director and the Register of Deeds. The public record, after the rerecording of the Deed, will then reflect the steps that have been taken in order to resolve this matter. COLEMAN, BERNHOLZ, 3 BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW OCT 2 4 199l 129 E. TRYON STREET 40 P.O. DRAWER 1529 HILLSBOROUGH, NC 27278 919 - 732 -2196 919- 942 -8000 FAX 919- 732 -7997 October 23, 19 9 0 CHAPEL HILL OFFICE SUITE 300, THE CENTER 1506 E. FRANKLIN STREET CHAPEL HILL, NC 27514 919- 929 -7151 FAX 919 - 929 -3892 ALONZO B. COLEMAN, JR. STEVEN A. BERNHOLZ ms. Betty une Hayes ROGER B. BERNHOLZ y GEOFFREY E. GLEDHILL Orange County Register of Deeds DOUGLAS HARGRAVE Post Office BOX 8181 G, NICHOLAS HERMAN KIM K. STEFFAN Hillsborough, North Carolina 27278 JOE L. WEBSTER TERRY G. HARN JANET B. DUTTON Re: Refund of Excise Stamp Tax Overpayment Of Counsel BONNER D. SAWYER Dear Betty June: (1902 - 1972) This letter is in response to your September 20, 1990 request for an opinion as to how to handle the overpayment in revenue stamps on the deed recorded at Deed Book 872, Page 6 of the Orange County Registry. According to the letter you received from Robert J. Green, Jr. and his accompanying affidavit, $1,706.00 was paid to your office for excise stamp taxes affixed to a deed for property purchased for $170,600.00. The excise tax on this transaction should have been $171.00. The calculation error equals $1,535.00. In my opinion Orange County can remit the $1,535.00 requested by Mr. Green as an illegal tax. North Carolina General Statutes §105- 228.30 establishes the tax "at the rate of fifty cents (5U) on each five hundred dollars ($500) or fractional part thereof of the consideration—of the ... property conveyed...." Assuming there is no dispute as to the valuation and the calculation of.the tax any tax collected in excess of the statutory amount is a tax collected without statutory authority and therefore illegal. Procedurally, the request should be forwarded to the Board of County Commissioners for action on the remission request accompanied with your recommendation for the refund. The Board must approve the refund since the money collected has been "placed in [the County's] general fund." N.C. Gen. Stat. §105- 228.30. Upon approval by the Board of County Commissioners, the Finance Director can refund the $1,535.00 overpayment. Ms. Betty June Hayes Page 2 October 23, 1990 r With a copy of this letter to-John Link I am asking him to schedule this for consideration by the Orange County Board of Commissioners at an upcoming regular meeting. GEG /lsg Enclosures xc: Ken Chavious \ John M. Link, Jr. \� N O z a w ro z a w a O U Very truly yours, .11 V I Nib 1►1.n nee :11 1,1111. 11 Fairt+ime Plaza, Suite 711) • 950 %'rrir•riow Road S Chn►Grr11.. Nnrlh Catfilirrrt ;�l0 ( 704) 5.52.78,5.? Far(704) 5538903 September 10, 1990 orange County Register of Deeds Attn: Betty June Hayes 208 South Cameron Street Hillsborough, North Carolina 27278 Re: Deed Conveying Title From Team Contractors, Inc. To Blythe Industries, Inc., Dated August 23, 1990 Tax Parcel: 321B7A Dear Ms. Hayes: Pursuant to your telephone conversation with my office this afternoon, enclosed is an affidavit relative to my request for $1,535 to be reimbursed to me because of an overpayment on the excise tax on the above - referenced Deed filed for record on August 24, 1990, in Book 872, at Page 6. After you have had an opportunity to review the affidavit and present it to the necessary party for approval of the reimbursement, please advise me. Your consideration of this request is greatly appreciated. If you have any questions, please do not hesitate to contact me. RJG /mlr Enclosures HAYES.LTR Most respectfully yours, Robert J. Greene, Jr. STATE OF NORTH CAROLINA AFFIDAVIT OF ROBERT J. GREENE, JR. CODS NOW, ROBERT J. GREENE, JR., and, after being duly sworn, deposes and says; 1. That I am an attorney licensed to practice in the State of-North Carolina; 2. On or about August 23, 1990, in preparation for a real estate closing conveying title of 4.00 acres of land on Mattress Factory Road in Orange County, North Carolina, from Team Contractors, Inc., to Blythe Industries, Inc., I miscalculated the excise tax stamps to be affixed to the Deed; 3. The purchase price of the subject property and structure was $170,600.00; the excise tax stamps should have been calculated as $171.00. I misplaced the decimal in my calculation and excise tax in the amount of $1,706.00 was paid to the Orange County Register of Deeds upon filing of the Deed on August 24, 1990; 4. The difference of the miscalculation and the correct calculation represents an overpayment to the Register of Deeds in the amount of $1,535.00; and 5. This amount should be reimbursed to me for disbursement to my client. rr This 1� day of September, 1990. 'R� �' � Robert J. Greene, Jr. Sworn to and subscribed before me this the - "/ day of September, 1990. J4�&� X 46WL. Notary PUkf1iC M�,,.a+ossion expires / 9�. +' D'ItiAR '•,�•fif if 11111.1'",``,,. C1 b 1 q h, t) s nfin2l'9a U �U,a'9C ... q I '� �. �• ItU.11' n - •�^ Real Estate -- sraiE 714 ; r" Excise Tax_ FILED !'�10RpLIN - •� -' Fnm xxxxi 872 , 6 GPR Anastw Pill 24' �7 AUG 24 u Ili Excise Tax: $1,706.00 rtecordh,a Time, book and Past c Lot No. �. �. ... '•� ...................... Parcel Identifier Ne....(�.C� .•. .. r1fied b ...... County on the ...... ......... day of ......................... ............................... 19...... .. II after recording to Robert J. Greene, . Jr..,. ... II.-. Ca. iry, iew Plaza c_ S. uit? ...7.1Q ....................... 5950.�airview. Road,...Chaclo.tte, .Nar.th..Carolina..2 3210 ........ ............................... :.r, ..... l.a.... a instrument was prepared by Robert. J.. Greene, . Jr.. ... .... ............ ... ......... ............ ........... . �.... �.1 of descriptimi for the Index 4.00 Acres Mattress Factor' Road NORn-I CAROLINA. GENERAL WARRANTY DEED IS DEED made this 17th_ . day of ..........August. . , 19W ..... , by and between GRANTOR GRANTEE TEAM CONTRACTORS, INC. I BLYTHE INEUSr1RIESe INC- Post Office Box 403 Mebane' North Carolina 27302 2911 North Graham Street Post office Box 31635 Charlotte, North Carolina 2823'. or In approprlale block for each party.- name, address, and. If approprlale. ebaraeter of entity, e.q. earporalka ar paetaerahlp, designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and Il include sinkular, plural, masculine, feminine or neuter as required by context. ^NE95ET11, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby nowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that .aln,.at or parcel of land situated in the City of ... .... .......... ....... ... ............................ . ......... O" M..................... Township, Orange County, North Carolina and more particularly described ns follows: All that certain tract or parcel of land lying and being in Cheeks Township, Orarege nty, North Carolina, adjoining the lands of Lannie Mae Faulk, Clarence Terrell, Unt No. 2 the property hereinafter referred to as Mattress Factory Road, and more Evrticularll• cribed as follows: BEGIINIM at a point in the center of Mattress Factory Road, corner with Lanni'? Mae Faulk id point of beginning being located N. 86 Deg. 461 W. 30 ft. from an iron shake set in the tern right of way lieu; of =i.d fAzttrcn, C.jct'= nc%od): ninninG then= fix" •� +.�1 [r.�i.nt of- inning and with the center of aeiO Ms titre— FA&r- ry Rraaa, 5. 06 nom. 471 F.. 270.25 ft. to a nt, corner with Tract No. 2 of the property hereinafter referred to; running thence with the therm line of said Tract No. 2, S. 86 Deg. 451 31" E. 651.58 ft. to an iron stake, corner h said Tract No. 2 in the line of Clarence Terrell; cunning thence with the western line of d Terrell, N. 05 Deg. 431 W. 269.41 ft. to a rock ( "Control Corder "), corner with Lannie Mae lk in said Terrell's line; running thence with the southern line of said Faulk. N. 86 Deg W. 656.75 ft. to the point and place of BEGINNING, containing 4.00 acres,,and being all of ct No. 1 as shown on "Final Plat Showing Property of JAMES F. ADAMS & ROBERT A. KELLER" by liam L. Bolden RLS, January 14, 1985, which said plat is recorded in Plat Book 40, Page 175, the Orange County Registry and to which plat reference is hereby made. BEING the same property conveyed to Grantor by North Carolina General Warranty Deed dated ember 4, 1986, and recorded on December 5, 19.36, in Book 618, Page 317, of the Orange County istry. ear A.,n. r.-,m No. 1 " la)a. $41"d I1177; .- h f�r�n�� f�nimt� �Rqistzr Iif �zebs (Office ��•� �••a• 208 5. Cameron Street Aillsh=MS94, Yor'4 Carolina 27278 To: Ken Chavis, Director Finance Department Fro B. J. Hayes, R /Deeds Date./ Sept: 20, 1990 Subject: Request For Return of $1,535.00 Overpayment in Revenue Stamps Affixed to Deed 872, page 6 As per the attached Affidavit, Letter and Copy of Deed you will find that Robert J. Greene, Jr., Attorney o Charlotte, N. C., has requested that Orange County refund the monies cited above for the reason that he has stated 'in his Affidavit and his letter. At one time there were provisions under the General Statutes that provided upon the filing of an Affidavit a County could reimbursement upon presentation to the Boi of County Commissioners the amount that was affixed throe error. That provision was amended and no longer is apvl: able. I am not sure how Orange County should proceed to respond to this request. Please note that I am forwar, a copy of this Memo along with all attachments to Jeff Gledhill because I feel the County may need some legal guidance in this matter.. Please note that I am also forwarding a copy of this Memo to Mr. Green. c� Geoffrey Gledhill, County Attorney Robert J. Green, Jr. Attorney at Law f. lrt �.4 §105-228.29 CH. 105. TAXATION OPINIONS OF ATTORNEY GENERA1�.' Excise Stamp Tax Not Applicable tality. --- See opinion_of;E in Foreclosure Sale When Purchaser eral to Mr. Austin C.: - )1L�vi Is Federal Government Instrumen- N.C.A.G. 714 (1972),1:; =, Yc § 105 - 228.29. Conveyances excluded.. The provisions of this Article shall not apply to trap interest.in real estate by operation of law, by.lease�f& years, by or .pursuant to the provisions of a. will, by.,in gift, by merger or consolidation, or by instruments secui edness, or any other transfer where no consideration ins: money is due or paid by the transferee to transferor: (19f _ � ,•ti: OPINIONS OF ATTORNEY GENERAL `�a "Consideration" Includes Ex- cbange of Real Property. --- See opin- ion of Attorney General to Mr. W.G. Massey, 41 N.C.A.G. 480 (1971). Secretary's Deed Not by Operation of Law. — See opinion of Attorney Gen- eral to Patsy Thomas, Caldwell County Register of Deeds, 41 N.C.A.G. 204 (1971). Husband -Wife Conveyances upon Separation Subject to Excise Stamp Tax. — See opinion of Attorney General to Mr. Mark Stuart, Guilford County Register of Deeds, 41 N.C.A.G. 237 (1971). Sale of Real Property by the Trustee of a Deed of Trust to the Creditor of the Deed of Trust for the Amount Owed by the Debtor Is a Sale for Consideration and Is Sub- ject to Tax. — See opinion of Attorney General to Mrs. Julia E. Manning, 41 N.C.A.G. 837 (1972). V1 Excise Stamp Tax Ngt A0, in Foreclosure Sale W>ieix�i Is Federal Govern ii naQW tality. — See opinion of JX eral to Mr. Austin.: C.',,.. ii N.C.A.G. 714 (1972). �• Conveyance by an Indi His Wholly -Owned Corpora "Business Convenience . ,-an4 out Consideration" Is Not Si the Excise Stamp Tax. on ances. — See opinion of Attor eral to Mrs. Lois C. LeRay, 43i 79 (1973). Conveyance of Interest,J for Term of Years Is Not. Si' Real Estate Excise �. Staixipg Conveyances. — See opinion': ney General to Mr. Lucius M.� County Attorney, Orange` -'C6 N.C.A.G. 364 (1974):.: ; ._m § 105 - 228.30. Imposition of excise stamp tax There is hereby levied an excise tax on each deed, instrumi writing by which any lands, tenements or other realty sh: granted, assigned or otherwise conveyed to, or vested in,: t chaser or purchasers, or any other person or persons. The`.t posed hereby shall be at the rate of fifty cents (50¢) on- earl hundred dollars ($500.00) or fractional part thereof of the co> ation or value of the interest or property conveyed (exclusive'' value of any lien or encumbrance remaining thereon at the ji sale). The tax hereby imposed and levied shall be paid by theV feror or transferors to the county wherein the real estate is kt prior to recording the instrument of conveyance; pxovided;,tl the instrument transfers any parcel of real estate lying•.in't more counties, the tax shall be paid to the county wherei greater part of the real estate with respect to value lies. Exc 474 CH. 105. TAXATION §105- 228.32 wise hereinafter provided, the proceeds of the tax herein lev- hall be retained by the county and placed in its general funds. r c. 986, s. 1.) OPINIONS OF ATTORNEY GENERAL 's Conveyance of Leasehold subject to the excise stamp tax on con - ments to Purchaser. — An veyances. See opinion of Attorney Gen - at conveying ownership of eral to Mr. Thomas Russell Odom, Dur- improvements, owned by a les- ham County Attorney, 55 N.C.A.G, 109 the lessee to a purchaser is not (1986). IJ 15- 228.31. Issuance of tax stamp. Secretary of Revenue shall furnish to the register of deeds of aunty tax stamps to be issued upon payment of the tax herein 'sed. Counties shall pay to the Secretary a reasonable charge for to cover the cost of printing and handling same. Such tax is shall, be uniform as to size and design and shall be in such as determined by the Secretary of Revenue and shall be valid �bancelled as hereinafter provided for. ',; V_ I §105 -267.1 CH. 105. TAXATION 'faxes Imposed by Municipalities. — See Lewis v. Goodman, 14 N.C. App. 582, 188 S.E.2d 709, cert. denied, 281 N.C. 622, 190 S.E.2d 466 (1972). Where the plaintiffs complied with the provisions of this section in re. spect to the fees paid for a particular year, they are entitled to recover back the excess portion of the fees paid for that year. Victory Cab Co. v. City of Charlotte, 234 N.C. 572, 68 S.E.2d 433 (1951). Commissioners who were directed by a consent judgment to sell land and pay the taxes lawfully due thereon and distribute the remaining proceeds as provided in the judgment could not tender only the taxes which were in fact lawfully due, but were com- pelled by this section to pay the entire amount demanded by the county, and then sue for the recovery of so much of the tax paid . as was not lawfully due. Rand v. Wilson County, 243 N.C. 43, 89 S.E.2d 779 (1955). When "Payment" Occurs under In- stallment' Agreement. — Where the plaintiff seeking a refund was charged a total tax assessment plus interest ac- crued in a single tax bill, and the De- partment of Revenue granted the plain- tiff a grace period for the payment of the tax by an installment agreement, "pay- ment" for purposes of the statutory time period occurred upon payment of the final installment. Rent -A -Car Co. v. Lynch, 39 N.C. App. 709, 251 S.E.2d 917, rev'd on other grounds, 298 N.C. 559, 259 S.E.2d 564 (1979). Applied in Piedmont Mem. Hosp. v. Guilford County, 221 N.C. 308, 20 S.E.2d 332 (1942); Sabine v. Gill, 29 N.C. 599, 51 S.E.2d 1 (1948); Gill v. Smith, 233 N.C. 50, 62 S.E ..2d (1950); Good Will Distrib., Inc ;'v'C 251 N.C. 120; 110 S.E ;2d 880: ] Great Am. Ins. Co. v. Gold, :254 168, 118 S.E.2d 792 (1961); 'Pied Canteen Serv., Inc. v. Johnson, 250 155, 123 S.E.2d 582 (1962) ;_•Bc' Pearce, Inc. v. Johnson, 257 NZ 126 S.E.2d 492 (1962); Sale v. J61i 258 N.C. 749, 129 S.E.2d 465-;(! Southern Bell Tel. & Tel. Co. v. CIE 266 N.C. 687, 147 S.E.2d 195 (: Excel, Inc. v. Clayton, 269 N.C.12' 101.2d 171 (1967); Overlook 'Ce: Rockingham County, 273 N.C. f46' S.E.2d 293 (1968); Myrtle Desk'il Clayton, 8 N.C. App. 452,'1744 619 (1970); Adams - Millis Corp."va of Kernersville, 281 N.C. -147: S.E.2d 704 (1972); Fieldcrest Mill, v. Coble, 290 N.C. 586, 227 S.E!2 (1976); Rent -A -Car Co. v. Lyic N.C. 559, 259 S.E.2d 564 (1979): Quoted in VEFCO v. C urrie N.C. 17, 118 S.E.2d 155 (1961):f Cited in Duke Power Co. v: "Cl! 274 N.C. 505, 164 S.E.2d 289(1961 lonial Pipeline Co. v. Clayton, '21i 215, 166 S.E.2d 671 .(1969); Te Leasing Corp. v. High, 8 N.C..ApI 174 S.E.2d 11 (1970); Powell, v�C of Haywood, 15 N.C. App -�'N S.E.2d 785 (1972); Powell, v. ;To Canton, 15 N.C. App. 784 (1972); Fisher v. Jones, 15 N I C 737, 190 S.E.2d 663 (1972);15 Hatcheries, Inc. v. Coble, 286 KY 212 S.E.2d 150 (1975); Big Beat- Inv. v. City of High Point, 33 N :C 563, 235 S.E.2d 911 (1977); Bluiiii v. Lynch, 315 N.C. 571, 340 S.E_ (1986). cr § 105- 267.1. Refund of taxes illegally collecte4 paid into State treasury. Whenever taxes of any kind are or have been through '11 error, or misinterpretation of the law, or otherwise, collect paid into the State treasury in excess of the amount legally i State, upon certificate of the head of the department throug� said taxes were collected or his successor in the performan6 functions of that department, with the approval of thi-AA' General, and the Treasurer shall pay the same out of any.fi the treasury not otherwise appropriated: Provided, demand'i for the correction of such error or errors within two years. fi time of such payment, unless a demand is made for a .re: income tax that was erroneously paid this State and is pay another state. (Ex. Sess. 1921, c. 96; C.S., s. 7979(a); 1971-,c; 2; 1983, c. 913, s. 12; 1983 (Reg. Sess., 1984), c. 1034, s 524 5-268 CH. 105. TAXATION §105 -268.1 oss References. -- As to refund of 266. As to suits for recovery of taxes isyment with interest, see § 105- paid under protest, see § 105 -267. CASE NOTES ' is section is specifically limited est." This is a reasonable difference be- n , 7 7ri0 i ate tames. It has no application to tween the two statutes. Cannon v. Max - (taxing units. Victory Cab Co. V. well, 205 N.C. 420, 171 S.E. 624 (1933). rnme st ration of Charlotte, 234 N.C. 572, 68 Where the Secretary of Revenue, with d 433 (1951). the approval of the Attorney General, Merence 'between this section orders a refund of taxes paid under pro- § :.105 -287 is this: When a refund is test in accordance with this section, -ed under' this section, simply upon merely upon demand and notice of the Ed and notice by the taxpayer, no taxpayer, no suit having been brought to est is allowed, but when the de- recover the taxes, the taxpayer is not en- tfor a refund is denied, and the tax titled to interest on the amount re- r• is required to bring suit, and re the commission's office, , a, it is provided that "judgment funded. Cannon v. Maxwell, 205. N.C. p i' United States mail are �be rendered therefor, with inter- 420, 171 S.E. 624 (1933). postmark date. Notices rf-;. 05 -268. Reciprocal comity. no postmark or an un_ deemed filed when ze courts of this State shall recognize and enforce liabilities for re. owner has the burden of is_1awfully imposed by other states which extend a like comity al is timely. 5iis.- State. (1939, c. 158, s. 938.) gPeriodicals. — See 13 N.C.L. Foreign Judgments," see 50 N.C.L. Rev. COIlBCt10II 405. For article, "Recognition of 21 (1971). F. Chapter 1005 (S 1363) 05- 268.1. Agreements to coordinate the adminis- 17(b) (2) to set a $1.00 10 maximum for the 10 t ration and collection of taxes. !d for giving a worthless ie 'Secretary of Revenue is hereby authorized, with the approval axes. It also to provides ke.Governor and Council of State, to enter into agreements with s not apply" if the tax United States government or an department or agency thereof, len the check was re- p 4ih -a state or any political subdivision thereof, for the purpose i8ldinating the administration and collection of taxes imposed r Payment, the person 9i State and administered and collected by said Secretary with lad funds sufficient to 'mposed by the United States or by any other state or political oOSit in some financial ti sion thereof. (1943 c. 747 s. 1; 1971, c. 806, s. 2; 1973, C. rs',2193.) alma but inadvertently :k on the account that ei, Note:.— Session Laws 1987 enter into agreements with any other three features of the t sss' 1988), c. 1096, s. 6 provides: state to coordinate and promote collet be rioted. First, it is ,he"intent of the General Assembly tion of sales and use taxes by retailers the'Department of Revenue shall making mail order sales, as defined in ryer presents adequate ,K1-of the sales and use taxes due this act.".. ins spelled Out in the .State and local governments: Not - Legal Periodicals. — For article, ' "Recognition ie the worthless check s`l:aniling j the provisions of G.S. of Foreign Judgments," see 88:1;' the Secretary of Revenue 50 N.C.L. Rev. 21 (1971). ent and returned be- thout seeking :prior'approval of For comment on this enactment, see ds Or nonexistence of Wvernor and the-Council of State, 21 N.C.L. Rev. 363. 1�:... "does not apply." This actor has no legal au- i., the burden of proof :heck. The tax collec- t the requisite condi- �= 525 13 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 Action Agenda Item # V-14. SUBJECT: Purchase of Land for New Access Road to Public Works DEPARTMENT: Public Works PUBLIC HEARING Yes —X —No ATTACHMENT(S): Offer to Purchase INFORMATION CONTACT: Wilbert McAdoo Ext. 2626 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To act on a Purchase Contract to acquire 5.01 acres at the intersection of Highway 86 and.57. The property is listed on Orange County Tax Records as Hillsborough Township Map 5, Block A, Lot 11. BACKGROUND: The current driveway for Public Works proposes a problem with ingress and egress from Highway 86. The driveway is located right below the crest of a hill causing very poor sight distance and creating a hazard for anyone attempting to enter or leave the facility. There is also a need for a more suitable entrance to the Northern Fairview Park as the current entrance requires that traffic route through a residential neighborhood. RECOMMENDATION: Approval of the purchase of the above referenced tract and authorization for Chair to sign Offer to Purchase and Contract. 2 OFFER TO PURCHASE AND CONTRACT Orange County, North Carolina as a en, hereby offers to purchase and Patricia Jane Garrett and Cher 1 Ann Mc y Pherson .asS nets, upon acceptance of said offer, agreeKto sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such personal property as is listed below (the real and personal property arc collectively referred to as "the Property" , in accordance with the Standard Provisions on the REVERSE SIDE HEREOF and upon the following terms and conditions: 1. REALPROPERTY: LucatedintheRd447f71].1_1sbQrou ,County of Orange State of North Carolina, being known m and more particularly described as: Street Address legal Descriptlim PIN #9865-82 -7181 Tax Ma #4.5.A.11 Ztp 2. PERSONALPROPERTY: 8. PURCHASE PRICE: The purchase price is S 35,000-00 and shall be paid as follows: (a) $ NIA ,in earnest money paid by (cash: bank, certified, or personal check) with the delivery of this contract, to be held in escrow by , as agent. until the sale is closed, at which time it will be credited to Buyer. or until this contract is otherwise terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF: (b) $ NIL ,by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of rust on the Property; (tl S - NSA ,by a promissory rote secured by a purchase monev deed of trust on the Property with interest prior to default at the ran of per annum pavable as follows: Prepayment restrictions andior penalties. if any, shall be: Assumption or transfer righcs. if any. shall be: (d) s 3r-0-0 0 _ 00 the balance of the purchase price in cash at closing. 4, CONDITIONS: (State N/A in each blank of paragraph 4(a) and 4(b) that is not A condition to this contract.) (a) The Buyer must be able to obtain a firm commitment on or before N/A , effective through the date of clos ng, fora _N/ A loan in the principal amount of S _ N/A for a term of N/A year(s). at an intf rest rate not to exceed N/A % per annum, with mortgage loan discount points not to exceed NIA % of the loan amount. Buyer agrees to use his sest efforn to secure such commitment and to advise Seller immediately upon receipt of the lenders decision. If Seller is to pay any loan closing costs, those costs arc as follows: (b) The Buver must be able to assume the un aid principal balance of the existing loan described in paragraph S(b) above for the remainder of the loan term. at an interest rate not to exceed N A %v per annum fixed (or describe type of loan) N/A with mortgage loan assumption and/or discount points not to exceed _N1. A % of the loan balance. (See Standard Provision No. 2). If such aiaurnpi ion requires the lender's approval. approval must be granted on or before N /A , Buyer agree w use his best effort to secure such approval and to advise Seller immediately upon his receipt of the lender's decision. If Seller is to pay any loan assumption casts, those c ts are as follows: N/A (c) There must be no restriction, easement, toning or other got ental regulation that would prevent the reasonable use of the real propeity, for acces�_to Orang_e__Countyrs_Public Works facility and Northern FairvieV6 S. ASSESSMENTS: Seller warrants that there are no special assessments. either pending or confirmed, for sidewalk. paving, water, sewer or other improvements on or adjoining the Property, except as follows: None known (Insert "None" or the identification of such assessments. if any. The agreem trit for payment or proration of anv assessments indicated is to be set forth in paragraph 6 below,) 6. OTHER PROVISIONS AND CONDITIONS: (a) All of the Standard Provisions on the REVERSE SIDE HEREOF are understood and shall apply co this instrument, except the following numbered Standard Provisions shall be deleted: (If none arc to be deleted, state "None".) 1 2 3 7 8 9" 11 The husbands of Patricia Jane Garrett and Cheryl Ann McPherson mus execute this contract and the deed to the property to evidence the rele of their marital interests, if any, in the property. 11 C N (J . to Fi ro N H C� fJ rt SL I-- se N m IF THERE ARE ANY ADDENDA TO THIS CONTRACT, INDICATE ABOVE AND ATTACH HERETO. 7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before as soon as Osslble at a placedesigrratedby buyer Thedeedistobemadeco Orange Count NC and Will 17e re seed by Orange County, NC 8. POSSESSION: Possession shall be delivered O In the event that Buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyer the sum of s N/A per day from and including the date of closing to and including the date that possession is to be delivered as above sec forth. 9. COUNTERPARTS: This offer shall become a binding contract when signed by bah Buyer and Seller. It is to be signed in na 1 counterparts with a signed counterpart being retained by each parry herein and the escroM agent, if any. Date of Offer. U n ORANGE COUNTY, NORTH CAROLINA Date of Acceptance: ��- '- 7 Buyer SEAL) Seller: �2. .4H. 1 n ✓" oses �rey r airm n, Buver Orange O. Hoard o omml n- Patricia Jane Garrett drs Seller: 7i.[.61 .<rf- crc y , 91 agt Seller: (1 r Date 9oarr� of Coyge;i[snprc •),,,� ^�.r r rl .G.. Cheryl Ann McPherson ESv: Seller: Namcof Selling A,grnt F'im Nament' Limmg Ag.•nt Firm N C, B.rr is +nr. fTrm No. 1, 1987, Th., <tandard Fnrm'h., hest, appm i 10-1v tw the W lgrri (W?0I PGA R -�R AGSn('I4,TI(1N f` Y r STANDARD PROVISIONS 1. EARNEST MONEY: In the event this offer is not ace epted. or in the event that any of the conditions hereto are not satisfied. or in the event of a breach of this contract by Seller, then the earnest money shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then the earnest money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE; In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is requited by state law to retain said earnest money in his trust or escrow account until he has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction, 2. LOAN ASSUMED: In the event a loan is assumed as part of the payment of the purchase price, then all payments due from Seller thereon must be current at closing, and the principal balance assumed shall be computed as of the date of closing. The amounts shown for the assumption balance and cash at closing shall be adjusted as appropriate at closing to reflect the Final computations. Unless Buyer has otherwise specifically agreed in writing, the existing loan must be assumable without either acceleration of the amount secured or any change in the original terms of the note and deed of trust. Buyer shall be responsible for all loan assumption costs- Seller shall have no obligation to pay any loan assumption casts unless specifically set forth in this contract. The escrow account, if any, shall be purchased by Buyer. S. PROMISSORY NOTE AND DEED Of TRUST: In the event a promissory note secured by a deed of trust is given by Buyer to Seller as part of the payment of the purchase price, the promissory note and deed of trust shall be in the form of and contain the provisions of the currently approved N. C. Bar Association Forms 4 and 5. as modified in paragraph 5(c) on the reverse side hereof. 4. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at closing. (a) Ad valorem taxes on real property shall be prorated on a calendar year basis to the date of cloning; (b) Ad valorem taxes on personal property for the enure year shall be paid by Seller: (c) All late listing penalties. if any, shall be paid by Seller; (d) Rents, if any, for the Property shall be prorated to the date of closing: (e) Accrued, but unpaid interest and other charges to Seller, if any. shall be computed to the date of closing and paid by Seller. Interest and other charges prepaid by Seller shall be credited to Seller at closing and paid by Buyer- (Other charges may include FHA mortgage insurance premiums, private mortgage insurance premiums and homeowner's association dues -) 5. FIRE AND OTHER CASUALTY: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller. 6. CONDITIONS: (a) The Property must be in substantially the same condition at closing as on the date of this offer, reasonable wear and tear excepted. (b) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and cancelled by Seller prior m or at closing. (c) Title must be delivered at closing by general warranty deed and must be fee simple marketable title. free of all encumbrances except ad valorem taxes for the current year (prorated to the date of closing). utility easements and unviolated restrictive covenants that do not materially affect the value of the Property and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 7. NEW LOAN: Buyer shall be responsible for all costs with respect to any new loan obtained by Buyer. Seller shall have no obligation to pay any discount fee or other charge in connection therewith unless specifically set forth in this contract. 8. INSPECTIONS- Unless otherwise stated herein: (i) the electrical, plumbing, heating and cooling systems and built-in appliances. if any, shall be in good wonting order at closing; (ii) the roof. gutters, structural components, foundation. fireplaces) and chimneys) shall be performing the function for which intended and shall not be in need of immediate repair: (iii) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structures): and (iv) the well /water and septic, sewer systems, if any, shall be adequate, not in need of immediate repair and performing the function for which intended- Ruver shall have the option to ha%e the above lsted svuema, items and conditions inspected by .o retaorihlr, insrvrt— -r runtr.trtnr at Rovers a wnse (unless otherwise provided in this contract), but such inspections must be completed in sufficient time before closing to permit any repairs to be completed by closing. If any repairs are necessary, Seller shall have the option of (a) completing them, (b) providing for their completion. or (c) refusing to complete them. If Seller elects not to complete or provide for the completion of the mpain, then Buyer shall have the option of (d) accepting the Property in its present condition, or (e) terminating this contract, in which case the earnest money shall be refunded. Closing shall constitute acceptance of each of the systems. items and conditions listed in (i), (ii). (iii) and (iv) above in its then existing condition unless provision is otherwise made in writing. IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) LOAN. SELLER SHALL PAY THE COST OF ANY WELL/WATFR AND SEPTIC /SEWER SYSTEM INSPECTION. RECOMMENDATION: Buyer should have any inspections made prior to incurring expenses for closing. 9. WOOD - DESTROYING INSECTS: Unless otherwise stated herein Buyer shall have the option of obtaining, at Buyer's expense, a report from a licensed pest control operator on a standard form in accordance with Elie regulations of the North Carolina Structural Pest Control Committee, stating that there was no visible evidence of wood - destroying insects and containing no indication of visible damage therefrom. The carport must be obtained in sufficient time before closing so as to permit treatment, if any, and repairs, if any, to be completed prior to closing. All treatment required shall be paid for by Seller and completed prior to closing, unless otherwise agreed upon in writing by the parties. If any structural repairs are necessary, Seller shall have the option of (a) completing them, (b) providing for their completion, or (c) refusing to complete them. if Seiler elects not to complete or provide for the completion of structural repairs, then Buyer shall have the option of (d) accepting the Property in its present condition, or (e) terminating this contract, in which case the earnest money shall be refunded. ChB Buyer is advised that the inspection and report described mil ra h may not always reveal either structural damage or damage caused by agents or or nisi other than wood-destroyiBg insects. If new construction, Seller shall provide a new construction termite guarantee. IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) LOAN, SELLER SHALL PAY THE COST OF THE WOOD - DESTROYING INSECT REPORT. 10. LABOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing chat all labor and materials. if any, furnished to the Property within 120 days prior to the dace of closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in a tank on the Property at the prevailing rate, with the cost of measurement thereof. if any, being paid by Seller. 12. CLOSING EXPENSES: Seller shall pay for the preparation of a deed and for the excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at closing. IS. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the acceptance of this offer, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies. attorney's opinions on title, surveys. covenants, deeds. notes and deeds of trust and easements relating to the Property. 14. ASSIGNMENTS: This contract may not be assigned without the written agreement of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 15. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the closing, it shall survive the closing and remain binding upon and for the benefit of the parties iereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: Buyer acknowledges that he has inspected the Property. This contract contains the entire agreement of the parties and there are no representations. inducements or other provisions other than those expressed in writing. All changes. additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter anv agreement between a RFi %LTOR" or broker and Seller as contained in anv listing contract or other agrrcmenc hrtwrrn them, ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 SUBJECT: Public Forum on 1991 -92 Budget DEPARTMENT Budget ATTACHMENT(S) Public Hearing advertisement 1 Action Agenda Item No —V= A PUBLIC HEARING YES. -------------- --- - INFORMATION CONTACT Budget Office, ext TELEPHONE NUMBER Hillsborough Chapel Hill Mebane Durham S NO 2450 732 -8181 968 -4501 227 -2031 688 -7331 PURPOSE: To conduct a public hearing to obtain input from the public about the 1991 -92 Orange County budget. BACKGROUND: At the October 16, 1990 meeting, the Board of Commissioners established November 20 as the date for a public hearing in preparation for the 1991 -92 budget. The purpose of the public hearing is to solicit the views of Orange County citizens concerning public policies and funding priorities for the 1991 --92 fiscal year. The attached advertisement appeared in local newspapers to publicize the hearing and to provide an opportunity for citizens unable to attend to make their views known to the Board. RECOMMENDATION(S): Conduct the public hearing as scheduled. PUBLIC HEARING Orange County, North Carolina Orange County citizens are encouraged to become actively Involved In County Government. A public hearing is scheduled during a meeting that will be held Tuesday, November 20, 1990, beginning at 7.30 p.m. In the Franklin Street Post Office District Courtroom, 179 East Franklin Street, Chapel Hill, North Carolina, The public hearing will provide citizens the opportunity to address the Board of Commissioners concerning public policies and funding priorities for the 1991 -92 fiscal year. Citizens who are unable to attend the public hearing are Invited to complete the attached form or to contact the County Budget staff with comments or questions at 732 -8181 or 967 -9251, extension 2450. All written and oral comments will be compiled and presented to the Board of Commissioners for their consideration during their annual planning retreat scheduled for December, 1990, Major Goals for 1990 -91 o Education - Coordinate long range planning between County government and the school systems to allow the most efficient and effective use of available current expense and capital funding, -Soild Waste - Identify the most efficient and economically feasible solid waste collection methods available to Orange County. *Human Services - Upgrade current system of maintaining client Information by beginning Phase I of the Human Services computerization process. •Customer Service - Implement a 'customer service' program to Improve the quality of service and responsiveness to citizens requiring service from Orange County government. DO YOU KNOW WHAT SERVICES YOU PURCHASE WITH YOUR ORANGE COUNTY PROPERTY TAXES? Tax and Records 2.4 Cents Education 34.8 C! General Administration 4.2 Conte rko 4.7 Cents Jnity Planning 1.7 Conti Public safety 8.8 Cents Other SO Conte Outside Agencies 3.7 cents rvices 13.4 Cents Please consider the following questions and mall your completed form to: Orange County Budget Office Post Office Box 8181 i Hlllaborough, NO 27278 Now should these areas be prioritized In 1901 -929 (H -High, M- Maderate. L -Low) ❑ Education Aaslata Orange County and Chapel H,II- Carrbaro City Schools systems with current expense and capital funding. ❑ Human Services Provides public aaalet- ance and public health related service& along with programs for senior citizens, recreation, and agricultural activities for County citizens. ❑ Public Safety Provides law enforcement i and emergency medical. services. ❑Publlo Works Provides solid waste collso lon eltes as well as County building and vehicle maintenance. ❑ Community Planning Promotes economic j development and administration of lend -use regulations. ❑Outside Agencies Provides funding for mental health. Public libraries and recreational facilities as well as non - profit agencies. ❑ Other Includes funding for such Items as tha Community Maintenance, General Administration, and tax and Records functions of the County. What major goals should Orange County continue or undertake In 1991 -92? Based on the 1990 -91 County tax rate Name Of 7e,6 cents per 9100 assessed valuation Address/Phone la .L ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 SUBJECT: School Funding Equity Models DEPARTMENT County Manager ATTACHMENT(S) None Action Agenda Item No L--gy-A PUBLIC HEARING YES NO -X' INFORMATION CONTACT Manager's Office, ext 2300 Budget Office, ext 2450 TELEPHONE NUMBER Hillsborough 732 -8181 chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To receive information about the potential outcomes of various school funding scenarios. BACKGROUND: The Board of Commissioners has been concerned about the issue of school funding equity for several years. At the September 4, 1990, meeting, the Board asked that the staffs of the two school systems work with the County Manager and his staff to consider the possible impacts of a countywide special district tax for school funding. The staffs have consulted and met regularly since then to develop and discuss a variety of scenarios for school funding, with emphasis on their estimated impacts on tax rates and progress towards equity. The County staff will present four or five versions of the equity model so that the Board may consider the implications for future policy direction. The staffs of the two school systems were scheduled to make similar presentations to their respective Boards of Education on Monday, November 19, 1990. RECOMMENDATION(S): Receive as information; consider the subject as a discussion item for the Commissioners' retreat scheduled for December 8, 1990. liQy i.1 VU JG• ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. M)-(-wja ACTION AGENDA ITEM ABSTRACT Meeting date: November 20, 1990 SUBJECT: REPORT; PROPOSED GOVERNMENT SERVICES CENTER DEPARTMENT: PURCHASING a CENTRAL SRVS. PUBLIC HEARING: YES NO XX ATTACHMENTS: INFORMATION CONTACT: PAM JONES; EXT 2650 Telephone Number: Hillsborough 732 -8181 Chapel Hill /Carrboro 967 -9251 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To receive a report regarding the planning process and progress to date regarding the proposed Government Services Center. BACKGROUND: For the past several months, the architectural firm, Haken - Corley Associates, Inc. has worked with the Planning Committee and County staff to develop floor plans and elevations for the proposed Government Services Center. As you may recall, the procedure prescribed by the Board at the beginning of the planning process required that two elevations be developed and presented for Public comment before the final selection was made. The Architects will present those two plans during this report and the elevations will be on display in the County Administration Building through December 10, 1990. The Public is encouraged to view the plans and to submit their comments in a letter to the Manager or on the forms provided at the display site. RECOMMENDATION: Receive report from Haken- Corley Associates, Inc. P.1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 I Action Agenda Item No.C. SUBJECT: Efland- Cheeks Community Center and Park ------------------------ - - - - -- ---------------------------------- DEPARTMENT: Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S): INFORMATION CONTACT: Manager's Office Map (under separate cover) TELEPHONE NUMBER - Project Description Hillsborough - 732 -8181 Chapel Hill - 958 -4501 Mebane - 227 -2031 Durham - 588 -7331 ---------------------------------------------------------------------- PURPOSE: To report update of Efland- Cheeks Community Center and Park Project.' BACKGROUND: On October 15, 1990 the County Manager and Assistant County Manager presented to the County Board of Education a proposal requesting 5.43 acres of land for the construction of the proposed Efland - Cheeks Community Center and Park. On November 5, 1990 the County Board of Education approved the 50 --year leasing of 5.43 acres of land for the Community Center and Park. Scope of activities for the Community Center and Park have been shared with the Board of Education and is attached. Although specific provisions of the lease have not been discussed or negotiated with County School staff, County staff has outlined the following schedule of planning activities which will permit construction to begin in early Spring 1991. - County Attorney and County staff negotiate terms of lease with County School representatives. - Purchase 1.5 acre of land adjacent to school property. (Survey will be completed within two weeks) - Authorize survey of school property. - Submit lease to Board of commissioners for approval. - Select an architectual firm for the project. �r v F" - Create a Community Center and Park Planning Committee (suggested composition: Directors of Aging, Recreation a Parks, and JOCCA; one representative from Aging, Recreati and Park Advisory Boards and JOCCA Board of Directors; representative from the Board of Education; two representatives from the Efland- Cheeks Community; County Commissioner and Assistant County Manager. Committee will work with architect to design facilities within scope of activities as presented to and accepted b the Board of Education. .I... K, EFLAND- CHEEKS COMMUNITY CENTER AND PARK The proposed project would serve as a multipurpose building replacing an existing leased facility on Highway 70 west and provide community and school related recreational opportunities. Project Profile (Community Center) Proposed square Footage: 3,000 Project Cost: $ 200,000 Project Description: Brick or Pre -Cast Concrete Building with Landscaping and Parking Lot Occupants: Recreation and parks Department on Aging Joint Orange- Chatham Community Action Building will include: 1 Nutrition /Dinning Area 1 Activity /Multipurpose Area 1 Kitchen (Food Preparation Area) 4 Offices (Recreation, JOCCA, Clinic Room, Visiting Agency Office) 4 Restrooms (2 indoor, 2 accessible from outside for park participants) 2 Storage Rooms (1 inside, 1 outside for park equipment) Project Profile (Community Park) Proposed Acreage: Approximately 5 acres Project Cost: $ 100,000 Project Description: Picnic Shelter Picnic Area (tables placed in wooded area) Pedestrian trails Play Equipment Area for small children EProfile *, A. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November'2') 1990 Agenda Abstract Item # SUBJECT: JOINT PLANNING BOARD /ECONOMIC DEVELOPMENT AGREEMENT DEPARTMENT: Planning ATTACHMENT(S): Goal Statement Draft Agreement Planning Board 9/17/90 Minutes Planning Board 10/9/90 Minutes EDC 9/13/90 Minutes PUBLIC HEARING: Yes_X_No INFORMATION CONTACT: Planning Director X2592 PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 --2031 Durham 688 -7331 Chapel Hill 967 -9251 I PURPOSE: To present a report on initiatives by the Economic Development Commission and Planning Board to achieve an economic development goal established by the Board of Commissioners. BACKGROUND: As one of its 1990 -91 economic development goals, the Board of Commissioners recognized the need to identify specific parcels for pre- zoning in a manner consistent with the Orange County Land Use Plan. In March of 1990, the Target Area Group of the Economic Development Commission initiated efforts to achieve the goal. As the Group's work progressed, it became apparent that it would be impossible to identify specific parcels and methods of pre- zoning in time for the August, 1990 public hearing. In June of 1990, the County Manager, Economic Development Director, Planning Director, and representatives of the Economic Development Commission and Planning Board met to discuss ways of achieving the goal. A strategy was devised whereby the Planning Board and Economic Development Commission would enter into an agreement which identified specific tasks to accomplish and a time frame for completion. Rather than work independently of each other, the two Boards and their respective staffs would work together in fulfilling the terms of the agreement. 2 Subsequently, the two staffs began meeting to draft an agreement for consideration by the two advisory boards. The draft agreement was completed in August and reviewed /approved by the Target Area Group in early September. The Economic Development Commission approved the draft agreement in principle at its September 13 meeting, and the Planning Board at its September 17 meeting. On October 9, the two boards met jointly, formally adopted the agreement, and authorized the Chairs to sign on behalf of their respective boards. Major initiatives included within the agreement include the following: 1. Identify and apply appropriate locational criteria, land use categories, and zoning designations to promote business; 2. Develop performance standards and project size threshholds which measure the impact of land development; 3. Establish a cooperative planning process involving both boards; 4. Identify ways and means of streamlining the development approval processes; and 5. Establishing procedures for conducting pre - development conferences with prospective business clients. Items C and E are to be completed and presented at the Board of Commissioners goal - setting retreat in December. Items A, B. and D are to be completed and presented for review and comment at the May, 1991 public hearing. RECOMMNDATION: To receive report and offer comments and suggestions. GOAL - IDENTIFY SPECIFIC PARCEL(S) FOR PRE - ZONING CONSISTENT WITH THE ORANGE COUNTY LAND USE PLAN. OBJECTIVE EDC to make recommendations to the County Commissioners that certain identified parcels be appropriately zoned for economic development. PLAN OF ACTION A. EDC will identify specific parcels based upon input from two EDC citizen committees: the Target Advisory Group and the EDC Infrastructure Committee. B. identify method for pre - zoning. EDC and Planning will coordinate, both at Board level and at staff level. C. EDC to prepare preliminary recommendations. D. To Public Hearing. E. Anticipated County Commissioner action. 3 TIM :TABLE Late Sprang 1990 Spring 1990 June 30, 1990 August 1990 September - October 1990 RESOLUTION OF AGREEMENT BETWEEN THE ORANGE COUNTY PLANNING BOARD AND ECONOMIC DEVELOPMENT COMMISSION ESTABLISHING PROCEDURES BY WHICH TO ADDRESS COMPREHENSIVE PLANNING AND ECONOMIC DEVELOPMENT MATTERS OF MUTUAL INTEREST WHEREAS the Planning Board was created for the purpose of developing and recommending to the Board of Commissioners a Comprehensive Plan for Orange County, including policies, ordinances, administrative procedures, and other means for carrying out said plan in a coordinated and efficient manner; and WHEREAS a goal of the Land Use Element of the Comprehensive Plan is the promotion of economic development which emphasizes local employment needs yet preserves community character and protects the natural environment; and WHEREAS the Economic Development Commission was created for the purpose of increasing economic development through clear, effective strategies and policies which stimulate balanced development at appropriate rates in suitable locations; and WHEREAS the parties to this agreement pledge their best faith efforts to deal responsibly with issues of mutual interest, and acknowledge and respect each other's responsibilities and obligations in this regard; and WHEREAS the parties to this agreement pledge, consistent with legal limitations, to work cooperatively to balance economic, environmental, and community considerations in developing plans, policies, regulations, and /or other similar documents that are in.the best interests of the citizens of Orange County: NOW THEREFORE BE IT RESOLVED by the Orange County Planning Board and the Orange County Economic Development Commission that they agree to work cooperatively in addressing the following matters of mutual interest: A. Identifying and applying appropriate locational criteria, land use categories, and zoning designations to promote business, including but not limited to the following: 1. Economic development district; 2. Mixed -use development district; and 3. Floating land use plan /zoning district designations. B. In conjunction with A above, develop performance standards and project size thresholds which measure the impact of land 1 , Lam. development, and which may include but are not limited to the following: 1. Local economy a. Public fiscal balance - Net change in government fiscal flow (revenues less expenditures). b. Employment - Number and proportion of new jobs taken by county residents, and change in number and percent of employed, unemployed, and underemployed. C. Wealth - Change in real property values on development site and adjoining parcels. 2. Natural environment a. Air quality - Change in level of air pollutants relative to standards and number of people at risk or bothered by air pollution. b. Water quality - Change in water pollutant concentrations relative to standards for each body of water. C. Noise - Change in noise and vibration levels relative to standards and number of people bothered by excessive noise and vibration. d. Wildlife and vegetation - Number and types of endangered or rare species, natural areas, and /or wildlife corridors that will be threatened or lost. e. Agriculture and forest land - Change in acreage in agricultural and forest use, and in availability of prime, state, and locally important farmland. 3. Aesthetics and cultural values a. Attractiveness - Disturbance of physical conditions currently considered attractive; removal /improvement of unattractive conditions. b. view opportunities - Number of households (or businesses) with designated scenic views that are blocked, degraded, or improved. C. Landmarks - Rarity or importance of cultural, historic, and archaeological landmarks to be lost or made inaccessible. N 4. Public /private services and infrastructure a. Water supply - Change in frequency, duration, and severity of water shortage incidents, and in water treatment levels relative to standards and number of households or businesses capable of being served by facility. b. Sewage disposal - Change in sewage treatment levels relative to standards and number of households or businesses capable of being served by facility. C. Storm drainage - Change in percent of land with impermeable cover relative to standards. d. Medical care - Change in number of citizens beyond x minutes travel time from emergency health care and in potential bed need versus bed supply of area hospitals. e. Crime control - Change in rate of crimes, police patrols, and physical conditions (lighting, sightlines, etc.) likely to affect feelings of security. f. Fire protection - Change in fire incidence, fire spread, property loss, and rescue hazards. g. Recreation - Change in number and percent of households (or affected employees or shoppers) with access to various types of recreation facilities within x minutes travel, by type of facility and mode of travel. h. Education - Change in school crowdedness indicators; e.g., student - teacher ratios, optimum class size. i. Transportation - Change in "level of service" for selected roads and intersections, and in number and severity of traffic hazards created, and number of people potentially affected. j. Shopping - Change in number and percent of households within x minutes travel time to shopping, by type store and mode of travel. k. Housing - Change in number and percent of housing units relative to need, by type of housing (price, owner /rental, number of bedrooms, etc.). 5. Other - social impacts a. Displaced persons - Number of residents, or workers, displaced by development. II C. Establishing a cooperative planning process whereby both boards are provided with opportunities to review /comment on plans, policies, regulations, and /or other similar documents which affect comprehensive land use planning or economic development activities. D. Identifying ways and means of streamlining development approval processes, including but not limited to the following: I. Unified development ordinance to integrate scattered and uncoordinated land use regulations; 2. Single map for use regulation instead of a land use plan map And a zoning map; 3. Removal of barriers to concurrent consideration of development applications; 4. Incentives for faster development application review /approval; e.g., administrative in nature with lower fees; 5. Comprehensive design/ development applications; e.g., unified development review process; and 6. Increased frequency of public hearings. E. Establishing procedures for conducting pre -- development conferences with prospective business clients desiring to locate or expand in the county. BE IT FURTHER RESOLVED that the Orange County Planning Board and the Orange County Economic Development Commission hereby direct their respective staffs to work cooperatively in addressing the matters described above. BE IT-FURTHER RESOLVED that the Orange County Planning Board and the Orange County Economic Development Commission hereby agree to use their best efforts to complete all work on the above mentioned matters in accordance with the following schedule: 1. Items C and E above will be completed and presented to the Board of Commissioners at its annual goal -- setting session in December, 1990; and 2. Items A, B, and D above will be completed and presented for review and comment at the May, 1991 public hearing. f:3 This the q '6- day of , 1990. Betty jidenier, Chair Orange County Planning Board Guido D a -6re, Chair Oran g O ounty Economic Development Commission 0J Economic Development Commission September 13, 1990 Mebane Municipal Building Present: Guido De Maere, Shirley Reynolds, Steve Yuhasz, Tom Roberts, Pat Davis, Lindsay Efland, Robin Zill, Jim Gibson, Ed Siebert. Ex- Officio: Barbara Palmer, Cal Horton, John Link EDC Staff: Ted Abernathy, Beth McIver Visitors: Marvin Collins, Bruce Holsten, Bill Bracey. Press: Julia White - Chapel Hill Herald, Tim Craig - News of Orange County. Guido De Maere introduced Ed Siebert, a new EDC member and Bill Bracey who is Chapel Hill's new nomination (BOCC approved 9/18/90). Ted Abernathy said that Mebane was hiring a new Economic Development Director and hoped that Mebane would soon have a representative. I. Strategic Plan Update Lindsay Efland, TAG Chair said that the committee had approved the revised pre- zoning agreement. He added that he hoped that eventually we could have regular Economic Development and Mixed Use Districts. It was agreed that at this juncture, the agreement would just serve as a guide for further development. Guido De Maere questioned the aesthetics section of the standards. Marvin Collins pointed out such considerations as the Rural Character Study, the protection of Historic Landmarks and designated rural landscapes. Ted Abernathy suggested that although we may not use the aesthetic standards, it would be wise to consider everything initially and then cut back. Jim Gibson motioned that the agreement be approved. Robin Zill second. Passed by unanimous vote. It was moved by Shirley Reynolds that the EDC have their October meeting on the 9th at 5:00 p.m. and then attend the Planning Board meeting at 7 :30 for their final mutual approval of the agreement. Notion seconded by Jim Gibson. Jim Gibson reported that the Small Busymm Group added nine members. He said that the SBTDC Center would be opening in late October. They have begun investigating working with financial institutions regarding loans. Planning Board 9/1.7/90 Minutes 10 proposed amendment. MOTION: Best moved approval as recommended by the Planning Staff. Seconded by Reid. VOTE: Unanimous. AGENDA ITEM #10: PLANNING BOARD ITEMS a. Joint Planning Board /EDC Agreement Presentation by Marvin Collins. As one of its 1990 -91 economic development goals, the Board of Commissioners recognized the need tc identify specific parcels for pre- zoning in a manner consistent with the Orange County Land Use Plan. In March of 1990, the Target Area Group of the Economic Development Commission initiated efforts to achieve the goal. As the Group's work progressed, it became apparent that it would be impossible to identify specific parcels and methods for pre - zoning in time for an August, 1990 public hearing. In June of 1990, the County Manager, Economic Development Director, Planning Director, and representatives of the Economic Development Commission and Planning board met to discuss way; of achieving the goal. A strategy was devised whereby the Planning Board and Economic Development Commission would enter into an agreement which identified specific tasks to accomplish and a time frame for completion. Rather than work independently of each other, th two Boards and their respective staffs would wor together in fulfilling the terms of the agreement. Subsequently, the two staffs began meeting to draft an agreement for consideration by the two advisory boards. The draft agreement was completed in August and reviewed /approved by the Target Area Group in early September. Both boards are being encouraged by their ti respective staffs to approve the agreement in principle. Collins then presented and reviewed the details of the agreement. (A copy of that agreement is an attachment to these minutes on MOTION: 0010_gnf 11 pages .) On September 13, 1990, the EDC met and unanimously approved the draft agreement. Collins recommended that the Planning Board approve the agreement in principle. A joint meeting of the two boards will be held at the Planning Board's October 9 meeting for formal adoption of the agreement. Following adoption and signing by the Chairpersons, the agreement and a report will be presented to the Board of Commissioners. Ted Abernathy, Economic Development Director, expressed agreement with statements made by Collins. He expressed the willingness of his board to work with the Planning Board. Eidenier expressed concern that no reference had been made to lighting under the Natural Environment section regarding impacts. She continued that there had been questions regarding View Opportunities under the section Aesthetics and cultural values and this needed to be more fully addressed. Eidenier expressed concern with the possible addition of more public hearings. However, if there is a need for more such meetings, they should be scheduled. Jacobs indicated he felt the agreement was a good document which addressed everything the Planning Board had talked about since discussions had begun on this issue. In reference to an increase in public hearings, Jacobs suggested that the Planning Board have two long -range planning meetings per year and six public hearings, thus leaving the number of meetings per year the same. Waddell moved approval principle. Seconded by Unanimous. Meeting adjourned 10:30 p.m. Prepared By of the agreement in Reid. Approved By Planning Board 1.0 /9/90 Minutes 1.2 route to Danville. Seconded by Best. VOTE: Unanimous. MOTION: Jacobs moved to notify NCDOT also of the concern that reflectors be installed at the left -hand turn onto I -40 west from NC 86 north. Seconded by Eidenier. VOTE: Unanimous. f. Agricultural Districts Advisory Board Collins reported that the Board has met and prepared a tentative schedule for drafting a Purchase of Development Rights proposal. They will be using the Land Evaluation Site System which was prepared by the U. S. Department of Agriculture. The goal is to have the proposal ready for the Board of Commissioners to review and consider at their December Goal Setting Retreat. g. New Hope Creek Corridor Study Committee Hamilton reported that comments from the public hearing were discussed at the last meeting of this committee. Durham - County continues to be different in its approach from Orange County. Durham County would like to be more specific regarding the cost and the definition of trails. Hamilton noted that her preference seemed to be the same as that of Orange County which prefers more of an open space corridor as opposed to strictly defined trails. Eidenier presented a letter from Susan Waldrop of the Recreation Advisory Committee endorsing the New Hope Creek Corridor. She asked Hamilton if she felt such a letter from the Planning Board was necessary. Hamilton responded that she felt her attendance at the meetings and presenting the Planning Board's was sufficient and the Board agreed. AGENDA ITEM #8: PLANNING BOARD ITEMS a. Joint Planning Board /EDC Agreement Presentation by Marvin Collins. As one of its 1990 -91 economic development goals, the Board of Commissioners recognized the need tc identify specific parcels for pre - zoning in a 13 manner consistent with the Orange County Land Use Plan. In March of 1990, the Target Area Group of the Economic Development Commission initiated efforts to achieve the goal. As the Group's work progressed, it became apparent that it would be impossible to identify specific parcels and methods for pre - zoning in time for an August, 1990 public hearing. In June of 1990, the County Manager, Economic Development Director, Planning Director, and representatives of the Economic Development Commission and Planning Board met to discuss ways of achieving the goal. A strategy was devised whereby the Planning Board and Economic Development Commission would enter into an agreement which identified specific tasks to accomplish and a time frame for completion. Rather than work independently of each other, the two Boards and their respective staffs would work together in fulfilling the terms of the agreement. Subsequently, the two staffs began meeting to draft an agreement for consideration by the two advisory boards. The draft agreement was completed in August and reviewed /approved by the Target Area Group in early September. The Economic Development Commission approved the draft agreement at its September 13 meeting, and the Planning Board at its September 17 meeting. This joint meeting of the two boards is for the purpose of formally adopting the agreement and having it signed by the Chairpersons. Following these actions, the agreement and a report will be presented to the Board of Commissioners at the November 5, 1990 meeting. Collins recommended approval of the agreement, including authorization for the Chair to sign on behalf of the Planning Board. Best asked if changes were to be made to address the issue of lighting that Eidenier suggested at the September meeting. Collins responded that it had been discussed and noted that the agreement is a general outline. He continued that such concerns could be addressed as work begins on the identification of locations for pre- zoning. Other concerns of both the Planning Board and EDC would be reviewed and discussed as well. Lindsey 1 e. Efland, EDC member, noted that the Commission is aware of this particular concern and it will be included in the review and discussion process. Best suggested that the wording throughout the proposed Resolution of Agreement be consistent using the phrase "which may include but are not limited to" rather than the mixture of "including but not limited to ", and, "which may include but are not limited to ". Collins agreed this could be done. Waddell expressed appreciation for the spirit of cooperation between the Planning Staff and EDC Staff in the preparation of the Resolution of Agreement. Eidenier asked for comments from the Planning Board and EDC regarding the addition of zoning the two unzoned townships (Little River and Cedar Grove), which would become A 4. She continued that she felt this agreement would not work unless every township was governed by the same rules; especially when there is a unified ordinance. She advocated zoning of the two townships as essential to the agreement. Efland responded that he felt this would be the mixing of a very volatile and major issue at a very late juncture. Eidenier responded that she felt it was an early juncture but she did understand and appreciate Efland's concerns. She continued that she did want the two Boards to sign the agreement but still asked for serious discussion regarding the zoning of the two townships. She noted again that she did not feel much would be accomplished unless zoning did take place. She indicated that pressure for zoning of Little River.Township would be forthcoming from the State due to watershed protection measures. Best expressed concern that without the zoning of the two northern townships, much of the agreement would not apply to the entire county. EDC member, Steve Yuhasz, stated that he felt that the issue of zoning or, at least, a time for zoning would be reviewed discussed within the context of the agreement. However, he agreed with Efland that this would be a very major issue to be included as part of the agreement at this late date. Eddleman asked about item D2, which indicates that there would be a single may for use 1.5 regulation rather than a zoning map and land use plan map. Collins responded that the concept of a single map was presented at the National Planning Conference. With a unified ordinance, development standards identified in the Land Use Plan would carry over into the Zoning Ordinance. Thus, a single map would contain what is proposed in terms of land use and the intended zoning. Pre - zoning is doing the planning and land use designations up- front. Guido DeMaere, EDC Chair, stated that he felt this agreement provides a good foundation for discussion and up -front work in providing criteria for development in Orange County. He indicated he felt the two Boards would be able to work together toward this goal. MOTION: Cantrell moved approval of the agreement and authorization for the Chair to sign it on behalf of the Planning Board. Seconded by Waddell. VOTE: Unanimous. EDC Board then approved the agreement and authorization for the Chair to sign on behalf of the Economic Development Commission. The Resolution of Agreement was signed by Betty Eidenier, Planning Board Chair and Guido DeMaere, EDC Board Chair. b. Rural Character Study Update Clint Burklin, Chair of the RCSC, summarized the agenda abstract of the Rural Character Study Update (copy of this abstract an attachment to these minutes on pages ). Burklin continued, listing the five areas of concern raised by the Chapel Hill Town Council: public sewer in rural villages, public review of 5 -acre lot subdivisions, provision of two 40,000 sq. ft. lots for each 1987 lots of record, average lot sizing, and use of square footage minimum lot size. A copy of the RCSC review of these issues is an attachment to these minutes on pages He indicated the committee feels it has addressed these concerns without compromising the intent of the original recommendations. The revised recommendations have been forwarded to Chapel Hill and Carrboro. R A O R A N G E C O U N T Y BOARD OF COMMISSIONERS .,. ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 Action A enda Item # F SUBJECT: Classification Study - Phase I Follow Up Report DEPARTMENT: Personnel ATTACHMENT(S): Major Steps Leading To Salary Grade Assignments PUBLIC HEARING: Yes K No INFORMATION CONTACT: John M. Link, Jr. TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To provide a follow up report on the Phase I Classification Study process. BACKGROUND: At the November 5, 1990 meeting, the Orange County Board of Commissioners heard a report on the completion of Phase I of the Classification Study. As reported, there were approximately 290 employees included in Phase I. In follow up to the Commissioners' comments at the November 5 meeting, attached is an outline of the major steps in the Phase I Classification Study process. As to specific classification questions raised, follow up on these continues. 1 2 i Phase I Classification Study MAJOR STEPS LEADING TO SALARY GRADE ASSIGNMENTS Attachment 1. Position Descriptions completed a. Specified the individual position's duties and responsibilities b. Written by each employee C. Reviewed by the employee's supervisor and department head and supplemented with their comments d. Reviewed by employee in final form 2. Position Descriptions Reviewed a. Identified preliminary job class groupings based on position descriptions b. Identified additional information needed as to the duties and responsibilities of individual positions 3. Employees Interviewed a. conducted to clarify a position's duties and responsibilities as necessary b. Interviewed about 45% of employees 4. Job classes Identified a. Grouped positions with similar duties and responsibilities together as a job class Example: Deputy Sheriff I A -2- b. Assigned positions to the same job class if duties and responsibilities were similar enough to: . Be called by the same descriptive title . Require the same basic knowledge and skills . Be assigned to the same salary grade 5. Class Specifications Developed a. Written based on position description and interview information b. Reviewed by department heads (twice) and employees while in draft form C. Revised specifications to reflect necessary changes 6. Salary Survey Conducted a. Identified 37 benchmark classes for comparison with other employers b. Included in the benchmark classes a sample of the range of positions in the Orange County work force: . Clerical Labor . Managerial Paraprofessional . Professional Public Safety . Supervisory . Technical c. Surveyed 16 employers d. Compiled and reported salary survey data 3 -3-- 7. Job Evaluation Completed a. Based on two overall criteria: . Characteristics of work /skill level . Job Factors b. Used nine Job Factors c. Applied same Job Factors to each class d. Used no one factor to determine level 8. Classes Assigned to Salary Grades a. Based on combination of: • Salary Survey Data • Job Evaluation b. Department Head and employee review of salary grade assignments 4 t. e ORANGE C O U N T Y 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 Action Agenda Item # ,Xx-F SUBJECT: MANAGEMENT ASSISTANT ACHIEVEMENTS /PROGRESS REPORT DEPARTMENT: COUNTY MANAGER ATTACHMENT(S): YOUTH SYMPOSIUM UPDATE POVERTY FORUM UPDATE (UNDER SEPARATE COVER) PUBLIC HEARING: Yes —x —No INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough -732 -8181 Durham -688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To present a report on the activities of the management assistant. BACKGROUND: The management assistant /youth coordinator started work on August 6, 1990. Since that date, the management assistant has completed the following projects: Public Information Projects -- Assisted the Public Information /Public Relations Committee in production of the annual Report to the People. Served as project manager for the Report, which included writing, editing, supervising layout and design, overseeing printing, production and distribution. In January, the management assistant will begin working on the 24- Hour City Hall, and initiate preliminary planning for the 1991 Report to the People, which will be distributed in summer 1991. Youth Coordination -- Met with the directors of all the youth service agencies in the County. -- Met with County Department Heads who supervise programs related to Youth and human services. --- Met with key School Systems personnel to discuss youth concerns. Developed an organizational profile for each youth agency including the agency mission, services, youth and coordination concerns. -- Discussed the Youth Symposium and Poverty Forum recommendations with each agency, department, and school system. Developed preliminary updates of the Youth Symposium and Poverty Forum recommendations. Copies of these updates are attached under separate cover. �A -- Chairs the Needs Assessment Committee of the Youth Services Needs Task Force, serves on the Orange High School Vocational Educational Program Area Advisory Council, and participates in the Northern Orange Group for Youth and Association of Community Agencies to promote communication and collaboration efforts. The management assistant will continue to meet with the necessary personnel to discuss implementation of the Youth Symposium and Poverty Forum recommendations. A final Symposium report and a final Forum report, addressing each recommendation, will be submitted to the Board by early 1991. The management assistant will continue to assess the County youth service needs, maintain regular contact with County youth service agencies and organizations, identify gaps or overlaps in service delivery, and recommend ways to remedy the problems identified. The management assistant will also evaluate and explore possibilities for implementing some of the suggestions from youth services providers, including a directory for service providers, a brochure for teens and their families, workshops, and an ongoing coordinating mechanism. The management assistant will also assist in the coordination of the second stage of the Z.Smith Reynolds Opportunities for Families Fund planning grant. The planning grant, awarded to 15 counties, provides for a nine month planning process to develop a detailed final application. RECOMMENDATION: Receive report as information. 4, F NOVEMBER 1990 PRELIMINARY UPDATE 1 RECOMMENDATIONS FROM THE FORUM ON POVERTY IN ORANGE COUNTY On November 29, 1989, a County -wide Forum on Poverty in Orange County was sponsored by the Board of Commissioners. The purpose of the Forum was to bring together community leaders in promoting greater understanding of the complex nature of poverty, to foster dialogue among the participants, to explore and develop a local plan of action to reduce poverty conditions. The Forum opened with a report by Dr. Andrew Dobelstein of the UNC -CH School of Social Work. This was followed by panel discussions on Education, Health and Employment and a luncheon address by Dr. William Friday, Honorary Chair of the Board of Directors of the North Carolina Poverty Project. Four group sessions were then convened on Education, Health, Employment and Child Care. Each of these groups discussed and identified perceived needs for change /improvement. This preliminary update, one year later, is a brief review of major activities that agencies have undertaken since the Forum. Additional information is being acquired, and will be provided in a forthcoming final report. The sections of this report correspond to the different group topics. Each perceived need is stated, accompanied by the status of any ongoing initiatives or action that has been or will be taken, and a brief description of that action. A comprehensive report addressing each perceived need will be submitted to the Board by early 1991. EDUCATION STATUS PERCEIVED NEEDS FOR CHANGE /IMPROVEMENT .1.Establish department of human services in schools: --Link with existing human service agencies -- Provide on- location personnel -To provide outreach -To bring needed services to potential clients --To coordinate with service providers outside of school -To provide parent education 3ngoing Cooperative written agreements between school systems and Social services, Mental Health and other human services agencies currently exist. :ompleted orange County Schools and the County Department of Social Services have developed a protocol which permits Social Services to counsel /investigate student /family problems when necessary and appropriate. 3ngoing Chapel Hill /Carrboro City schools and the County Department of social services have been meeting to develop a protocol by May 1991. ingoing The drop -out prevention /at -risk coordinators from Chapel Hill /Carrboro and Orange County Schools are jointly examining human services delivery models that include on- location human services personnel. 2-Enhance cooperative effort between schools and sources of employment: - Provide economic incentives to stay in school - Ensure appropriate education /training for employment - Coordinate school foods services curriculum and food services employers -To provide education /training for future service providers angoing The Orange County Dropout Prevention /Student - -At -Risk Coordinator, hired in December 1989, will convene a Community Advisory Council by January 1991. The Councills responsibilities will include developing school /business partnerships. angoing The Economic Development Commission has worked with Orange High School Vocational Staff to clarify employer needs. The EDC Director has accepted membership on the Orange County Educational Foundation and will focus on school - business linkages. 2 El ongoing Several programs within the school systems promote 3 cooperative efforts between the schools and sources of employment. 3.Coordinate after -hours use of school facilities (such as computer labs and shops) to promote education and training. - Encourage involvement by volunteers and businesses 4.Establish a satellite Community College Campus in the County. Ongoing Durham Tech has satellite centers at Culbreth Junior High School and Stanford Middle School where community college courses are provided after school hours. ongoing The Economic Development Commission is submitting a 1991- 1996 Capital Improvements Plan request which includes permanent space for Durham Tech for administrative offices and classrooms. 5.Establish a career information center: - Redirect services and funds for non - college -bound students Completed Career Information and Career Counseling are provided by both school systems for non - college -bound students. 6.Provide adequate funding for basic education and job training /retraining. Future Participants in the Welfare Reform Job Opportunities and Baisc Skills Program (JOBS) program will be eligible for job skill training, job readiness activities, job placement activities, and on- the -job training. Future The Human Services Management Team has submitted an Opportunities for Families Fund (OFF) grant proposal to the Z. Smith Reynolds Foundation. The proposal includes as one of its goals the improvement of education and training for technical jobs. 7.Lengthen school day and school year to provide better educational base for both college -bound and non- college- bound students. 8-Seek revenues /resources other than county property taxes. 4 ongoing Both school systems have sought and received grant funding for innovative programs like the Seawall Community Learning Environment Project and the Providing Opportunities for Peer Support (POPS) Project. The Chapel Hill /Carrboro Public School Foundation and PTA Thrift Shop program continue to. fund school projects. The Orange County Educational Foundation has expanded its mini - grants. 9.Start pilot program incorporating preschoolers (three and four year olds) into school: -Could be funded by an education foundation and the business community -Could be subsidized by schools /government, especially for at -risk children. HEALTH STATUS PERCEIVED NEEDS FOR CHANGE /IMPROVEMENT 1.Provide more health clinics: - Provide more prenatal clinics - Provide more mobile clinics -- Provide night clinics - Provide school -based clinics - Provide child care at clinics ongoing The County Health Department has increased the number of prenatal patients served by 53% over the past three years. Additional increases are anticipated for the upcoming year due to changes in Medicaid eligibility for pregnant women. Ongoing The County Health Department has identified a shortage of prenatal services through its.community diagnosis and is seeking additional funding to meet these needs. ongoing The County Health Department provides school nursing services to both school systems through written agreements. 5 ongoing The County Health Department recently received funding to expand the sexually transmitted clinic to include three more half -days. This will mean that the Family Planning clinic will also be able to expand its number of appointments. 2.Provide more caseworkers to refer clients: - Referral to other available resources - Education for single parents Ongoing The County Health Department has employed a social worker to provide case management services for prenatal patients. They are currently seeking funding for additional caseworkers for prenatal patients. Ongoing The County Health Department received funding in November 1990 for case management for high -risk infants. 3.Provide comprehensive health care for teens. Ongoing The County Health Department has established an adolescent clinic in Hillsborough in collaboration with the UNC Department of Pediatrics and the Adolescents -In -Need Program. Ongoing Orange Chatham Comprehensive Health Services continues to provide comprehensive adolescent health care. a 4-Critical need for comprehensive transportation services: 6 - Provide better coordination of transportation - Coordinate with existing human services transportation system ]ngoing The Human Services Transportation Study Steering Committee is examining the need for a rural public transportation system and expanded human services agency participation in the coordinated agency transportation program. The Committee will review proposals reflecting these needs, and present an updated Transportation Development Plan to the Board for review and approval in January 1991. 5.Need for better employee health benefits: -Need for guaranteed insu benefits - Employers should provide - Require prenatal care - Employers should examine - Employers should provide for part -time workers rance plan with expanded prenatal programs in health insurance and improve health benefits prorated insurance benefits 6.Need licensing and.malpractice coverage for retired physicians who volunteer their services. 7.Need more non - categorized County funds which could be targeted at health care needs. STATUS EMPLOYMENT PERCEIVED NEEDS FOR CHANGE /IMPROVEMENT 1.Provide counseling and /or referral to enable individuals to acquire skills: -- Establish an employment council -Need for job fairs - Identify location of jobs - Identify job requirements - Differentiate between "career" and "jobs" - Provide counseling and /or referral to enable individuals to acquire skills 7 Future Participants in the Welfare Reform Job Opportunities and Basic Skills (JOBS) Program will be eligible for a variety of job skills and job training opportunities. Future The Z. Smith Reynolds Foundation Opportunities for Families Fund (OFF) grant proposal includes as one of its goals improved education and training for technical jobs. 2.Need more comprehensive transportation system: -- Coordinate with existing human services transportation system - Expand current services Ongoing The Human Services Transportation Study steering Committee is considering alternatives that would improve access to employment. Ongoing The Triangle Transit Authority has adopted as one of its work objectives to review the Human services Transportation Study and to explore ways to provide a model comprehensive rural transportation system. 3.More economic development: -Need for forthcoming report from Economic Development Commission -Need to review and revise development restrictions which discourage industry from locating in the County Completed The Economic Development commission presented its strategic Plan in March 1989. Current The EDC and the Planning Board are proposing a joint planning agreement to streamline the regulatory process. Completed Recent achievements of the Economic Development 8 Commission include: - Establishment of an Orange County office of the Small Business and Technology Development Center to provide assistance to the Countyls small businesses. - Implementation of a Visitor's Services Agreement with local Chambers of Commerce to expand staffing of current visitor's centers and to develop a county -wide program. - Launch of a new marketing effort to attract new, appropriate industries. 4.Encourage basic income to all: -More competitive wages and improved working conditions - Critical need for primary employers to reclassify jobs and raise wage scales -Need for wages to be comparable to cost of living in the County -Need for employers to put more resources into training /education for a better work force -Need for employers to offer incentives to continue/ finish education - Utilize volunteer programs that increase productivity (e.g. Habitat for Humanity and Literacy Council) ongoing There are currently five GED programs located on job sites in the County. 5-Promote farming in the County: - Provide workable regulations for land use and water quality - Promote and coordinate a County farmers market Ongoing The Economic Development Commission, the Agricultural Extension service, the NC Rural Development Center, and the Small Business and Technology Development.Center have begun to establish a linkage to provide business assistance and counseling to agricultural concerns. STATUS Ongoing ongoing CHILD CARE PERCEIVED NEEDS FOR CHANGE /IMPROVEMENT 1.Establish a comprehensive child care plan /network: - Coordinate agencies and services - Coordinate transportation needs -Serve as a liaison with employers /government /churches and volunteers - Improve quality of child care - Provide better pay and benefits for child care providers - Attract better qualified child care providers - Develop child care for a second shift worker -Could be supported by a child care foundation Child Care Networks, a child care resource and referral agency, collects and updates information about all child care services in orange and Chatham counties. Department of social services, United Way and other child care agencies have formed a strategic planning group to address subsidized child care. 11 2.Need for area churches to provide facilities, funds, and human resources for early childhood and extended -day (after school services) : -Need for interdenominational coordination of services, funds and human resources - Churches currently provide only five percent of the County's child care services 3.Need for UNC -CH to provide more leadership and resources in development of child care. Ongoing The office of the Child Care Coordinator at UNC -CH, established in the fall of 1988,provides services to UNC student and employee parents, including research /advocacy for improved child /family services, networking with other community agencies to insure that services are provided for parents associated with the University, and production of a Child sitter Directory. 4.Need for employers to subsidize child care. 5-Establish preschool and child care centers in schools. 10 ongoing The Chapel Hill- Carrboro City Schools have a three year pilot project for four year olds funded by RJR Nabisco. Twenty children have been chosen for the program which operates from 7a.m. to 6p.m. for twelve months. 6.Need for matching federal /state /local funds for child care for individuals in job training programs and those affected by Welfare Reform. ongoing The Welfare Reform Job Opportunities and Basic Skills (JOBS) Program will provide funds for child care and transportation for those enrolled in the program. 7.Need for more tax dollars for child care development: - Establish service district taxes -Need for more non- categorized funds -Need for more scholarship and subsidy funding for child care and summer programs -Need more funds for Family Day Care Homes subsidies --Need for more Head Start funding and revised eligibility requirements ongoing Orange County government provides a $90,000 subsidy fund which is administered by the Department of Social Services. These funds are used to provide child care assistance for teen parents, and abused and neglected children. ongoing The Family Support Act (PSA) expands the availability of subsidy for day care services for employed Aid to Families with Dependent Children (AFDC) recipients, for AFDC recipients who are participating in education and training programs, and for former AFDC recipients who are terminated 'from public assistance due to the earned income. ongoing The Department of Social Services provides day care subsidy for a total of 300 low income children, gives technical assistance to 30 day care facilities, coordinates 130 workshops for day care teachers and directors, investigates complaints of neglect /abuse in day care facilities and homes, provides information, referral, and case consultation services for 800 families, and advocates for day care subsidy for low income families and quality day care for all children. Ongoing Day Care Services Association, Inc. (DCSA) provides $120,000 in scholarships to low income children, prepares and distributes 200,000 meals to eight day care centers, and provides bookkeeping services to three centers. ongoing Local Head Start programs, federally funded preschool 11 projects for income eligible children ages three and four, are located in Chapel Hill and Cedar Grove. Comprehensive services of the agency include educational, dental, medical, and social services for the child and his family. Ten percent of the populations served is handicapped. '�1 ;w i NOVEMBER 1990 PRELIMINARY UPDATE 1 RECOMMENDATIONS FROM THE SYMPOSIUM ON SERVICES FOR YOUTH On November 5, 1988, a County -wide Symposium on Services for Youth was sponsored by the Board of Commissioners. The purpose of the symposium was to obtain innovative ideas, promote solutions in problem areas, and to form a stronger county -wide network of agency representatives and concerned citizens. Following a keynote address by Dr.Frank Loda, Director of the UNC Center for Early Adolescence, six group sessions were convened. The topics were Teens in Crisis, Education and Drop - Out Prevention, Leisure, Employment, Teens and Their Families, and Poverty. Each of these groups identified problems, issues, and gaps, and then developed recommendations and strategies for addressing these concerns. This preliminary update, two years later, is a brief review of the major actions that agencies have undertaken since the Symposium. Additional information is being acquired and will be provided in a forthcoming final report. The sections of this report correspond to the different group topics, and begin with a synopsis of the problems /issues /gaps that were identified. Each recommendation /strategy is then listed, accompanied by the status of any action that has been or will be taken, and a brief description of that action. New initiatives that address relevant problems but are not in response to any specific recommendation are noted at the end of the sections. A comprehensive report addressing each recommendation will be submitted to the Commissioners by early 1991. TEENS IN CRISIS PROBLEMS /ISSUES /GAPS -Need for centralized and coordinated services: -Accessible - Affordable -Need for more in- county residential treatment facilities for teens in crisis: -Short and long -term group homes - Specialized foster care homes -- Respite care -Youth services need to "reach out" to teens: --Need to be located in more accessible environments, such as schools and recreations centers -Need to be targeted toward specific teen groups: racial, social, and economic -Need to be directed toward children at earliest possible age -Need better coordination of public and private resources 2 -Need for community coordinators to link churches with established organizations. - Agencies need to be more involved in disseminating information. -Need home visits for teens in crisis. -Need for more volunteers. -Need for funding for a program to supervise youths after school, during vacations and snow days. 3TATUS RECOMMENDATIONS /STRATEGIES 1.Support a youth services ombudsman: A person or office that youth could easily contact for assistance in identifying resources and to offer peer counseling. 'Zompleted A Management Assistant has been hired, with youth coordination being a major work responsibility. The position is located in the County Manager's office. 2.Provide a continuing conference of youth servicing professionals as a method of enhancing communication and exchange. Ongoing The Management Assistant is evaluating the possibilities for implementing this recommendation. NEW INITIATIVES Ongoing Orange - Person - Chatham Mental Health Center and UNC -CH have initiated the Children and Youth Demonstration Project, an inter - agency system for coordination of services to seriously emotionally disturbed youth. Project objectives include the development of community based services and crisis - management resources. EDUCATION AND DROP -OUT PREVENTION 4 (NOTE: Information from both school systems is incomplete. Additional information is forthcoming and will be provided in the final report.) PROBLEMS /ISSUES /GAPS - Significant factors making the likelihood of school drop -out higher are: - Families are in lower social- economic groups - Students' parents dropped out of school - Students not curriculum focused - Students mentally retarded or learning disabled -The shortage of support staff in early grades makes early assessment and monitoring of at -risk students very difficult. - Parental involvement in early and middle grades is crucial in order to address home /school problems. Beyond middle grades parental communication with schools assists in monitoring at -risk students. - Nan - academically oriented students have difficulty adjusting to junior high school, perceive themselves as different from college -bound students, and tend to drop out of learning in middle school and out of school at age sixteen. -The age for leaving school may need to be increased to age eighteen. - Students are experiencing increasing stress in academic, social, emotional, and home areas, resulting in fewer hours of structured classes daily., -Many high school drop -outs are unable or unmotivated to complete their education. Common reasons are no transportation, no support services, and no day care for infants of adolescent parents. - Competition for funds is high for all groups, especially for special education students. STATUS RECOMMENDATIONS /STRATEGIES l.Evaluate need for more vocational and employability skills in middle and high school. angoing Two new vocational classes were added to the Orange County middle schools curriculum in fall 1990, and high - risk students not eligible for Federally - funded programs have been targeted and encouraged to take these courses. 5 2.Develop partnerships with employers to support high school completion by not hiring fifteen to nineteen year olds unless they stay in school and by giving them flexible work hours. ongoing The orange County Dropout Prevention /At -Risk Coordinator, hired in December 1989, will convene a Community Advisory Council by January 1991. The Council responsibilities will include developing school /business partnerships. Ongoing The Chapel Hill /Carrboro At -Risk Coordinator of Drop -Out Prevention and the Orange County Drop -Out Prevention /At -Risk Coordinator are jointly examining school- business partnership models. 3.Add counselors at orange High School to increase ratio to two counselors per grade. ongoing One counselor has been added to the Orange High School faculty. Two system -wide social worker positions have been added, with one social worker primarily responsible for Orange High school. A system -wide psychologist position has been added, with the psychologist primarily responsible for Orange High. 4.Continue successful intervention projects, such as the Medical Concerns Assessment Team, Action Team, and guidance groups. Ongoing Chapel Hill /Carrboro City schools continue to utilize core groups at the high school, and Student Assistance Teams in the middle schools, for high risk students. An Alternative Education program has also been instituted at Chapel Hill High School for high risk students. Ongoing Orange High School continues to utilize an Action Team and support groups for high risk students. Assistance Teams have been established at each County middle school; the Dropout -Out Prevention /At -Risk Coordinator and the Alcohol and Other Drug Education Coordinator will oversee the student assistance program. 5-Continue alternative programs for at --risk students, 6 substance abuse assessment, and Work for Success groups. ongoing Teachers in both school systems are trained in the Quest Program, which is directed toward building self- esteem and decision making skills within youth. The program also addresses alcohol prevention issues. Alcohol and drug education continue to be high priorities in the school systems, and both school systems are now utilizing the Drug Abuse Resistance Education (DARE) program as one component of their approach. Dngoing Chapel Hill High school is currently providing the Work for Success program and seeking funding to insure its continuation. 6.Strengthen parental involvement in schools by: - Training teachers to conduct conferences with parents of at -risk students - Adding school social workers for home /school coordination - Educating parents and starting support groups - Creating innovative programs to meet with parents at their job sites (such a program is currently conducted at NC Memorial Hospital) - Involving Dropout Prevention Task Force ongoing orange County schoolst Community schools Program Director has initiated a system -wide Parent Advisory Council to improve outreach and communication with parents. :�ompleted Orange County schools' middle school teachers have attended workshops which emphasized conducting conferences with parents of at -risk students. 7.Provide more flexible schedules for students. 8-Alter expectations about "normal" time in which a student should finish high school. :!ompleted Students receive counseling on this subject. ongoing orange County Schools have established an Early Graduation Task Force which is exploring this concern. 9.Consider an extended day program in which high school students may attend school after work. such a program should provide them with school bus transportation and support services as well. 10.Promote cooperative efforts to secure funding and to 7 strengthen inter - agency communication. ongoing Orange County Schools have acquired funding for the Providing Opportunities for Peer Support (POPS) Project, an inter- agency, multi- strategy approach to reducing adolescent pregnancy. A Director will be hired by December 1990. ongoing The Orange County Community Advisory Council will explore models for networking of human services delivery. Ongoing The drop -out prevention /at -risk coordinators from Chapel Hill /Carrboro City schools and orange County Schools are jointly examining human services delivery models to explore more effective and cost - efficient approaches. 8.Designate funds for support services in schools. 9.Add support staff targeted toward at -risk students in elementary and middle schools. Completed Orange County Schools and the County Department of Social Services have developed a protocol which permits Social Services to counsel /investigate student /family problems when necessary and appropriate. Ongoing Chapel Sill /Carrboro Schools and the County Department of Social services have been meeting to develop a protocol by May 1991. LEISURE PROBLEMS /ISSUES /GAPS -Need for coordination between agencies and community groups providing services for youths: -Need for facilities for specialized activities: -Movie theaters - swimming pools -Need for "close -to- home" facilities /events /programs for youth. 8 -Need for activities specifically designed for eleven to sixteen year olds. STATUS RECOMMENDATIONS /STRATEGIES 1.Create a clearinghouse to coordinate program and event information, distributing /disseminating through a consolidated newsletter /calendar of events. 3ngoing The Chapel Hill Teen,Center is establishing a clearinghouse to provide information at the Center about youth programs and events. 0ompleted The County Recreation and Parks departmental newsletter now highlights a I'Teen Programs" section. 2.Create a toll free teen hot line to coordinate information and referral concerning youth services. ongoing The United Way Information and Referral Task Force is currently assessing the need for an information and referral phone service for all County services, including youth services. 3.Identify a lead agency to coordinate and assist community - based groups to plan programs with youth. 4.Plan with youth, not for them. angoing The County 4-H and County Recreation and Parks Department organized a Teen Alternative Task Force. The Task Force assisted area teens in developing their own Teen Club, and making their own rules and regulations for the Club. The Teen Club initiated and is continuing to sponsor regular teen dances. ongoing The Teen Alternative Task Force also initiated a teen 9 radio station and teen drama group which are continuing at Orange High School. 5.Establishing a teen center in central /northern Orange County. 6.Encourage commercial development that provides services to youth, such as movie theaters and game rooms. Completed There are numerous movie theaters and game rooms in southern Orange. Future New shopping center in Hillsborough is projected to have a movie theater. 7.Continue to educate parents about teens and teens about parents. Completed County Recreation and Parks Department offered two seven - week workshops on "How to Talk so Kids will Listen and Listen so Kids will Talk". 8.Develop a transportation network to get teens to activities. ongoing The Orange County Human Services Transportation Study Steering Committee is considering alternatives which include increasing teen access to public transportation. The Steering Committee plans to submit its report to the Board of Commissioners for review and approval in January 1991. NEW INITIATIVES Ongoing Recent Chapel Hill Parks and Recreation Department teen programming initiatives include the sponsorship of a Scout Explorer troop, and collaboration with the Chapel Hill /Carrboro City Schools in developing a Teen Rock Orchestra. ongoing County Recreation and Parks Department efforts include a new staff position which includes teen programming, County Commissioner approval for a public pool for the 1991 -1996 Capital Improvements Plan, and the development of numerous new programs available to teens. EMPLOYMENT PROBLEMS /ISiSUES /GAPS --Need for transportation services connecting potential workers with available employment: - Youths sometimes cannot afford to accept available jobs because the wage rate cannot meet the cost of transportation. -Need for transportation in a family sometimes prevents youths from attending community colleges in neighboring counties that could train them for labor market needs. -Need for resources /services to handicapped students and those who do not meet JTPA guidelines for financial eligibility. --Need for summer jobs that provide temporary full time employment for youths. -Need for parental and community support for education that Prepares youth for employment. -Need for qualified child care providers: -If youths could secure some training and certification, the child care field would be a viable area for employment. -Need to address problem of under - employment and its impact on the community: 10 - Under- employment exists because there are many skilled People who are part of the "transient" or non -- resident population. These people accept entry level jobs for short periods. This limits job opportunities for residents who need entry level positions to start a career in orange County. - Skilled individuals often cannot accept jobs for which they are qualified because they cannot afford transportation to surrounding areas. STATUS RECOMMENDATIONS /STRATEGIE;S 1.Develop a better transportation system to serve Orange County with better access to places of employment. 3ngoing The Human Services Transportation study Steering Committee is considering alternatives that would improve access to employment. The Committee plans to submit its report to the Board of Commissioners in January 1991. 11 2-Provide a location for Durham Technical Community College and /or Alamance Community College in Orange County in order to establish permanent branches for residents. Ongoing The Economic Development Commission is submitting a 1991- 1996 Capital Improvements Plan request which includes permanent space for Durham Tech administrative staff offices and classrooms. 3.Educate the community and plan the economic future of orange County by defining needs and by developing compatible resources. Ongoing The Economic Development Commission has developed and is implementing a public information program. A Speakerls Bureau has been initiated, a slide show has been developed, and a Public Issues Forum is planned for spring 1991. 4-Diversify the tax base by inviting environmentally acceptable businesses and industry into Orange County. 5.Identify those types of businesses that Orange County would like to encourage. Completed The Economic Development Commission has identified recruitment targets and appropriate county areas for location. 6-Provide increased cooperative education programs to introduce students to the work world. NEW INITIATIVES Ongoing The Economic Development Commission worked with Orange High on an employer survey to clarify employer needs, and continues to work with the schools to promote awareness of business requirements. TEENS AND THEIR FAMILIES PROBLEMS /ISSUES /GAPS - General need for family support: 12 - Family stress affects adolescent adjustment. - Middle class families are experiencing unexpected problems that they are not equipped to manage. - Changes in social values and processes have resulted in a "new age" that impacts parent /child relationships. - Family units appear to be breaking down. - Single parent families and families in which both parents work face a variety of obstacles in meeting family needs. -Need for teens to process their issues with other teens: -Teens benefit most from peer interaction, support and counselling. -Need for networking and accessing services: - Community services are not always accessible to families. - Families are not aware of community services. - Resources for children in private schools are often limited. - Portions of the population are often "priced out" of services. -- Community concern needs to be focused on resolving adolescent issues in families. - Adolescents and families in need of services often are missed in the delivery of services. -Need for services during evening hours. -Need for resource allocation and development: - Resources are limited; services in many areas are either non- existent or capacity is overwhelmed. STATUS 'RECOMMENDATIONS /STRATEGIES 1.Develop network of support groups: - Family groups - Groups for children from substance abuse families - Parent training /parenting skills groups -More extensive child care support services ongoing Department of social services and Juvenile Court 13 Counselors have jointly conducted parenting education meetings for parents of abused and /or neglected children in northern Orange County. This effort is now being expanded to southern orange County and will have a counseling focus. 2.Develop training services: -Focus on how single parent families can meet adolescent needs -Focus on how parents can meet family needs when both work 3.Support "moderately" distressed families as well as those with acute needs. 4.Sensitize families to needs of adolescents. 5.Assist families in tapping into resources of extended families or components for lack of extended family. 6-Develop partnership with the business community to respond to employee family needs. 6.Zncrease option for out -of -home placements while families restructure. ongoing The volunteer Emergency Families with Children program initiated in 1989 recruits and trains community volunteers to provide short -term out -of- home - placements for children in distress. 7.Develop resources to work with families in serious distress: -Use of volunteers to supplement resources ongoing United Way has applied for grant funding for a volunteer action center. 8-Develop alternative means to provide other sex role 14 modeling in single parent families. ongoing The Human Services Management Team has submitted an Opportunities for Families Fund (OFF) grant proposal to the Z. Smith Reynolds Foundation. The proposal targets Poor adolescent males and their families in order to increase the capability of young males to be self -- supporting and actively involved in the family unit. 9.Reestablish neighborhood connections: -Focus community initiative to respond collectively to family needs Future A major focus of the Z. Smith Reynolds Foundation Opportunities for Families (OFF) grant proposal is family - centered service delivery that will be delivered whenever possible within the community setting. 10.Incorporate peer groups into pre - existing community resources and services. ongoing The Health Department has received funding for and initiated an AIDS education project, 11In the Knows,, using peer helpers to communicate accurate information about AIDS transmission and prevention and high risk behaviors. ongoing Planned Parenthood has instituted the Minority Involvement Project utilizing peer helpers to reduce minority teen pregnancy. Future The opportunities for Families proposal includes a peer support component. ll.Develop a "Drop In" Center for teens. 12.Develop an array of appropriate social and recreational resources and activities. ongoing There are a variety of new County Recreation and Parks Department initiatives. ongoing The County Parks and Recreation /County 4- H- initiated Teen Club continues to sponsor monthly teen dances. 13.Support groups for children from substance abusing 15 families. 14.Provide better dissemination of information about services to community. Ongoing The Management Assistant is currently evaluating the possibilities of implementing a computerized resource guide /directory to County youth agencies, programs, and services. ongoing The Chapel Hill Teen center Clearinghouse is developing informational resources. 15.Provide access to services earlier while problems are still manageable. 16.Provide services within ability to pay. ongoing Adolescent health services are available for sliding scale payment or free through Orange - Chatham Comprehensive Health services or the County Health Department's new adolescent clinic. 17.Network private schools into broader community based services. 18.Develop "umbrella" agencies to provide comprehensive children's services. 19-Provide evening and weekend services. ongoing The County Health Department, in collaboration with the UNC Department of Pediatrics and the Adolescents -In- Need Program, has opened an adolescent clinic in Hillsborough one afternoon a week including after school hours. ongoing Recreational departments offer evening and weekend activities. Ongoing Planned Parenthood has expanded its clinic hours to include two evenings a week. ongoing The Department of Social services provides 24 -hour on call emergency services for abused /neglected children. 16 20.Ask for Orange county definition of its responsibility in meeting needs of children and their families. POVERTY PROBLEMS /ISSUES /GAPS 17 -The fact that orange County has an unemployment rate of 1.2 percent, and that 15.2 percent of the citizens in Orange County live at or below the poverty level of $11,650 for a family of four, verifies that there are a large number of "working poor ". Approximately 75 percent of those living at or below the poverty level are "working poor ". - During the decade of the 80s poverty has increased dramatically and continues to escalate, after a 50 percent decline in the 70s. -Need to address under - employment. -Need to address job training opportunities. -Need for adequate emergency resources for families in crisis. -Need for affordable day -care and innovative after - school programs for impoverished families. -Need for affordable housing for every Orange County citizen. -Need for adequate nutrition and health care services. -Need adequate support for adolescent parents. -Need for more accessible transportation. -Need to address service delivery problem to youths. -Need for more effective counseling programs and services for youths living in poverty. -Need to address the large number of youths suffering severely because of poverty. - Orange County's high schooldrop -out rate is 7.6 percent. -12.9 percent of Orange County's children are living in poverty. -23.1 percent of Orange County's children are receiving Aid for Dependent Children (AFDC). -Need for better networking between schools and the Department of Social Services. -There is a 10.2 percent difference in the number of children living in poverty and the actual number of AFDC recipients. -Need to address the issue of the negative impact of poverty 18 on youth in the public school system. -Need for more innovative after school programs -Need for better access to food stamps STATUS RECOMMENDATIONS /STRATEGIES I.Urge Orange County Commissioners to convene a "Conference on Poverty" to formulate partnerships and develop strategies. Such a conference should include: - Private business and industry - Churches -Local units of government - Educational institutions - Community leaders ;ompleted The Orange County Commissioners sponsored a Poverty Forum in November 1989. A Report to the Community highlighting Forum - identified needs and outlining current initiatives was distributed. The Management Assistant has drafted a preliminary update on the Poverty Forum, and will present a comprehensive report to the Commissioners in early 1991. 2.Develop and implement a sound networking system to identify those students who actually live in poverty and need assistance. ?uture Families participating in the Welfare Reform Job Opportunities and Skills Program will have a case manager looking at all members of the family. Future The County has received a grant for a Master Client Index for database management of clients. 3.Network and coordinate with school systems and the Department of Social Services. ompleted Orange County Schools and the County Department of Social Services have developed a protocol which permits social services to counsel /investigate student /family problems when necessary and appropriate. ongoing Chapel Hill /Carrboro schools and the County Department of Social Services are developing a protocol to be completed by May 1991. Y i I. Ongoing The Z. Smith Reynolds Foundation Opportunities for 19 Families Fund grant proposal goals include strengthening collaboration among human services agencies. 4.Need for special training in human behavioral courses for guidance counselors and teachers. 5-Reevaluate the current education system: -- Clarify definitions and standards of society and the educational systems G.Develop parent /school partnerships to enhance communication. ongoing orange County Schools have initiated a Parent Advisory Council to strengthen outreach and communication to parents. completed Seawell Community Learning Environment Project was funded for two years, ending in spring 1990, to foster a home - school- community partnership to improve the learning environment for at -risk students. Activities included home visits, parent volunteer programs, and after - school enrichment programs. 7-Provide special training for teachers to work on the critical element of guidance services, as well as to eliminate built in attitudes regarding poverty. 8-Provide action and awareness sessions on poverty to combat feelings of hopelessness, helplessness and isolation in disadvantaged youth. 9-Provide parity in both school systems, with equal educational opportunities for all school children. 10.Urge superintendents to provide leadership in addressing the adverse effects of poverty on students in public schools. 11.Analyze trends and plan for the future. Completed The Economic Development Commission submitted its Strategic Plan in March 1989. j' 12.Promote a greater awareness of a continuous trend of 20 poverty that can only erode growth in our society and become more taxing on the educational system. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 1990 SUBJECT: DSS Positions - JOBS and Income Maintenance DEPARTMENT Social Services /Budget ATTACHMENT(S) 1 Action Agenda Item NO �n PUBLIC HEARING YES NO X INFORMATION CONTACT Marty Pryor - -Cook, ext 2803 Rod Visser, ext 2450 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To authorize creation of four permanent positions for the JOBS and Income Maintenance programs in the Department of Social Services. BACKGROUND: In his 1990 -91 Budget Message, and during the Board's budget deliberations, the County Manager outlined a growing need for additional positions in the Department of Social Services. Several factors were particularly notable in this regard: the establishment of the new, federally mandated Job Opportunities -Basic Skills (JOBS) program, and increasing numbers of applications and broader eligibility for public assistance. The Manager indicated that based on preliminary assessments of caseload and workload, that there was a likelihood that 7 positions would be needed for implementation of the JOBS program in 1990 -91. Five positions were added, and funds for the entire JOBS program were budgeted, at the August 21, 1990 meeting. Ongoing assessment suggests that the program staff can expect to carry an average caseload of 200 in the JOBS program. An additional two Social Worker II positions will be needed effective January 1, 1991 to complete implementation of the program for this fiscal year. No additional county funds or budget action will be necessary to carry out this action. Funds were included in the 1990 -91 budget for two full -time, temporary Eligibility Specialist positions. The Manager indicated in his message that there was a possibility that these two positions might need to become permanent in the near future. Ongoing assessment of workload indicates that such a step has become necessary. Applications for Aid to Families with Dependent Children (AFDC) and Medicaid have continued to increase significantly, and actual caseload in the first quarter of 1990.91 increased from 523 to 540 for AFDC, and from 1160 to 1241 for Medicaid. No additional county funding or budget action will be needed if these two temporary positions are made permanent. 2 RECOMMENDATION(S): Approve the creation of two full -time, permanent Social Worker II positions, and two full -time, permanent Eligibility Specialist I positions, to become effective January 1, 1991. -11.. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda �� ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: November 20, 1990 SUBJECT: Child Service Coordination Program ------------ - - - - -- ____ DEPARTMENT: HEALTH -- PERSONAL PUBLIC HEARING. Yes X No HEALTH DIVISION — -- -------------------------------------------�---- TTACHMENT(S): -- ________ A (1) Memo regarding Medicaid Billing (2) Memo regarding Allocation for Child Service Coordination (3) Child Service Coordination Agreement (4) Local Health Department Budget Revision (5) Brief Description of New Positions Requested (6) Proposed Budget Ordinance Amendment INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2412 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 --7331 PURPOSE: To provide child service coordination for High- Priority Infants of the Child Health Program. BACXGROUND: In the original, proposed 1990 -91 budget, the second highest priority need for the Health Department was to improve our ability to provide mandated home visits for the High - Priority Infant clients of the Child Health Program. During budget discussions, we placed the maternal health needs higher, partly because it appeared that additional State funding was going to be made available for the Child Health Program. The Legislature has approved a one -time use of $14,427 in federal block grant funds to start a child service coordination program. Medicaid officials have agreed to provide continued funding through a reimbursement process. Careful and conservative calculations of caseload and potential revenue has resulted in a realistic expectation that the program will be self- supporting. Therefore, County funds should not be needed to support this effort. The attached budget ordinance amendment would authorize the program, recognize anticipated grant revenue of $14,427 and Medicaid reimbursement of $12,600, and appropriate funding for the program in the amount of $27,027 for the remainder of FY 1990 -91. Total program expenses for FY 1990 -91 are projected at $23,527. A task analysis revealed that the existing nursing staff could provide the home visits if the case management and clerical duties could be e Fq allocated to other positions. Thus, instead of a public health nurse, as originally proposed, we are seeking authority to add a half -time social worker to be combined with the half -time Baby Love coordinator position. We have experienced difficulty recruiting for the latter position, the duties of which are very similar to the former. The annualized cost of the half -time position is estimated at $14,300. In addition, we are asking permission to add a clerical supervisor because of the increased complexity of the medical record documentation and the billing procedures required by this program. The need for this supervisory position has been felt for some time since we have added new programs and clinical staff without adding clerical positions to handle the increased patient load. The annualized cost for this position is estimated at $22,900. Both positions requested would be permanent, thereby entitling the employees to benefits, but would have their continuation beyond FY 1990 -91 subject to the availablity of additional grant and /or Medicaid revenue to cover program expenditures. Recruitment and hiring would be accomplished with these conditions fully explained to applicants. The Board of Health reviewed and approved the above proposal at its meeting of October 25, 1990. RECOMMENDATIONCS): To accept the State funding, adopt the proposed budget ordinance amendment, approve the establishment of a permanent half -time Social Worker position and a permanent full - time Clerical Supervisor position (subject to continued funding), and authorize the Chair to sign. North Carolina Department of Environment, Health, and Natural Resources Division of Maternal and Child Health P.O. Box 27687 • Raleigh, North Carolina 274611-7687 James G. Martin, Go%,em July 6, 1990 or ,Ann F. %Votfe, M.D., M.P..H, William W. Cobey, Jr., Secretary Director MFMnRAVMTM TO: Local Health Directors Area Developmental Disability Coordinators FROM: Tom Vitaglione, Chief <; "I V Children and Youth Section Maurice Whitaker MK/ Community Support Specialist Developmental Disability Section SUBJECT: Medicaid Billing for Child Service Coordination The Division of Maternal and Child Health and the Division of Mental Health, Developmental Disability, and Substance Abuse Services have agreed to participate in a statewide, inter - agency system of service coordination for children from birth to age five with special needs. The effective date for implementation of the system is October 1, and training workshops will be conducted in August. We hope that all local health departments and mental health centers will participate in the system. Service coordination has been adopted by the Division of Medical Assistance as a reimbursable service under the Medicaid Program. Rather than lose the opportunity to receive reimbursement, we are encouraging health departments and area mental health centers to begin billing for service coordination provided to eligible Medicaid clients, even before formal training on the system takes place. Area mental health centers have already received specific billing instructions in this regard; specific instructions for health departments are attached to their copy of this memorandum. The following instructions should be followed by both agencies during the interim period of July through September. 1. Essentially, the health department target population for child service coordination is the group of infants and toddlers served through the High Priority Infant Program. Health departments should determine as soon as possible which of these children are covered by Medicaid. - 2 2. The area mental health center target population for child service coordination is the group of children served through Early Childhood Intervention Services, Developmental Day Care, the mainstreamed program options, and therapeutic preschools. Similarly, area mental health centers should determine as soon as possible which of these children are covered by Medicaid. 3. Under the proposed service coordination system, each child will have only one service coordination agency at any one time. Likewise, Medicaid will not accept service coordination reimbursement claims from two agencies for the same period of time. Therefore, we are requesting that each health department contact the area mental health center that serves its county for the purpose of both agencies sharing the names of children they currently serve in the relevant programs. (Since it is in the interest of families to avoid duplication of services, and since there is a division -level agreement in this regard, it is permissible to share this information without formal consent.) 4. For children covered by Medicaid currently being served by both agencies, a decision must be made regarding which agency should bill for the service. Decision - making regarding which agency is the most appropriate service coordination agency for an individual child /family will be an important part of the training workshops. In the interim, we recommend that, as a general rule, the area mental health centers bill for those children currently served by both agencies. This is because they will be serving a generally smaller proportion of the target population, and those children /families they do serve are served rather intensely. In each case, however, the individual decision regarding each child /family should be made by the relevant agencies, and the preference of the family should always be the ultimate factor in the decision. We realize that the commencement of Medicaid billing before the service coordination system is formally implemented might introduce some confusion. However, local agencies have requested the opportunity to begin earning reimbursement, and the need for additional resources in this regard is obvious and immediate. If you should have questions regarding this matter, please feel free to . contact us. Tom can be reached at (919) 733 -7437; Maurice can be reached at (919) 733 -3654. cc: Dr. Ann Wolfe MCH Regional supervisors MaryAnne Mastrianni Jerry Wilkinson Dr. Patricia Porter Regional DD Coordinators Susan Robinson Lynn Stelle Julie Burton q I Specific Instructions for Medicaid Billing by Health Departments For the Period July - September 1 990 1. Identify those children served in the High Priority Infant Program who are covered by Medicaid. 2. Contact the area mental health center that serves the county to share names and avoid duplicate billing. (See relevant memo from Vitaglione and Whitaker.) 3. For Medicaid- covered children to be billed by the health department, billing should occur on the last working day of the month for all children in the active caseload. Children are considered "active" when they have been enrolled in the High Priority Infant Program and have received a face -to -face contact for enrollment /assessment purposes. Children remain "active" when confirmed contacts (face -to -face; telephone conversation; exchange of letters) occur at least quarterly. Billing may occur in months in which there is no confirmed contact. However, no more than two consecutive months without confirmed contacts may be billed. Example: At the end of July, billing may be submitted for children who have received confirmed contacts during July, June, or May. If a confirmed contact did not occur in this period, no billing at the end of July may occur. To bill for such children at the end of August, a confirmed contact would have to be made during that month. 4. Billing will take place through the HSIS Child Health Screen. You will receive instructions on how to complete the screen in the next release of updated HSIS software. Please note that the required changes in the HSIS software may not be available by July 31. Therefore, you will need to wait to enter your July billings until you receive the specific "go ahead ". 5. The negotiated monthly rate for child service coordination is $60. This is based on an estimated caseload of 50 children /families per full-time service coordinator. As actual experience is gained with child service coordination, the reimbursement rate will be based on a cost analysis. 6. For the initial months of service, approximately $40 per month, since tl be met by the provider. However, Mortality Reduction is passed by the requirements will be eliminated and health departments. health departments may receive ie state matching requirements must if the current bill on Infant General Assembly, provider match the full $60 will be received by 7. Documentation requirements are the same as for other services. The clinical record should include information on the identification and enrollment of the child, the results of child /family assessments, and notes regarding activities undertaken on behalf of the child /family. This includes not only direct family contact, but also contacts with other providers and agencies to facilitate care. A a North Carolina Department of Environment, Health, and Natural Resources Division of Maternal and Child k 1calth P.O. Box 27687 • Raleigh, North Carolina 27611 -7687 James G. Martin, Governor September 28, 1990 William W. Cobey, Jr., 5ecrerary• Ann F ',Volfe, M.D., M.P. Director MEMORANDUM TO: Local Health Directors FROM: Tom Vitaglione, Chief <, V. Children & Youth Section RE: Allocation for Child Service Coordination Attached are the FY 90 -91 county allocations for the $1,152,000 in new funds available for Child Service Coordination. These should be considered as additions to the current funds you receive under the High ,Priority Infant Program. The $1,152,000 is composed of $592,000 in one -time federal funds under the Maternal and Child Health Block Grant, and $560,000 in continuing state funds available under P.L. 99 -457. Individual county allocations were determined by a formula approved by the Association of Local Health Direc- tors. Under this formula, 15% ($172,800) was allocated evenly, .25% ($288,000) was allocated based on your county's percentage of 1989 live - births, and 60% ($691,200) was allocated based on your county's percentage of the infants identified in the High Priority Infant Program in 1989. Please note that, since approximately half of the additional funds are one- time, your allocation for FY 91 -92 will be approximately half that of the current fiscal year. However, an expansion budget request has been filed for P.L. 99 -457 services, so there is some hope that child service coordi- nation allocations will increase in the coming years. Please submit a revision to your Child Health Budget to budget your alloca- tion for Child Service Coordination. In addition, please complete and submit the attached Contract Addendum. This will replace the addendum you submitted earlier for the High Priority Infant Program. Both your budget page and the new addendum should be forwarded to your regional office at your earliest convenience. Please note that the addendum requires that you sign an agreement to be the coordinative agency for Child Service Coordination in your county. These were distributed to you several weeks ago and should be returned directly Ar. Equal Opoortuniry Affirmanve Anion Employer 0 -7 -2- ' to my office. Without these sianed agreements_, funds for Child Service Coordination cannot be released. Thank you for your continued participation in services for children with special needs. If you should have any questions regarding allocations, please feel free to contact your regional office. /jh cc: Dr. Ronald Levine Dr. Thad Wester Dr. Ann Wolfe MCH Regional Supervisors CHILD ,SERVICE COORDINATION ALLOCATIONS 1990 -1991 COUNTY ALLOCATION 1990 -1991 _ COUNTY Alamance $17,917 ' ALLOCATION Alexa nder $5,683 Johnston $13,754 Alleghany $2,007 Jones $2,767 Anson Ashe $4,876 $3,166 Lee Lenoir $6,526 $10,593 Avery $2,460 Lincoln $6,358 Beaufort $6,581 McDowell $5,899 Bertie , $3,929 Macon $3,845 Bladen $5,360 Madison $3,772 Brunswick $8,425 Martin $4,663 Buncombe $39,924 Mecklenburg $84,843 843 Burke $11,5$3 Mitchell $2,514 Cabarrus $13,55$ Mont omen y $6,793 Caldwell $12,106 Moore $10,650 Camden Carteret $1,999 $12,569 Nash New Hanover $13,542 $21,783 Caswell $3,305 Northampton p $9,747 Catawba $14,537 Onslow $32,_715 Chatham $5, ran 8 Orange $14,24 Cherokee � $4,036 Pamlico Chowan t2, Pasquotank $4,700 Clay ' $2,439 Pender $7,363 Cleveland $18,619 Perquimans $2,671 Columbus $10,275 Person Pitt $6,266 Craven $10,402 Polk $19,152 Cumberland t44,280 $2,988 Randolph $2'177 Dare $2,815 $2 815 Richmond $13 626 ' Davidson $21,839 $19,532 Davie t4,818 Rockingham $ $22,D9S Duplin $ 876 $13,243 Durham $37,369 Rutherford $4,041 Edgecombe $13,$13 Sampson 17,022 Forsyth $38,150 Scotland $11,407 Franklin t6,521 Stanl Stokes $7,536 Gaston Gates $23,924 0,029 s Surry $5,539 $4,896 Graham Granville � $3,185 t6,707 Swain Transylvania $4,141 t4798 ' Greene � $2,985 Tyrrell Union $2,167 Guilford Halifax $66,845 Vance t10,609 09 $9,050 Harnett $11,085 $10,204 Wake $$3 Haywood Henderson $9,922 Warren Washington 262 $3 771 Hertford $11,516, 83,209 Watauga g ' $6,430 Hoke � $5,173 Wayne Wilkes $18,772 $9,273 Hyde Iredell $1,937 $16,406 Wilson $8,791 Jackson $5,863 Yadkin $3,834 Yancey $4,948 $1,152,000 G 0 Children and Youth Office, Secnon, or Branch Contractor N.C. Department of Environment, Health, and Natural Resources Division of General Services CONTRACT ADDENDUM Child Service Coordination G Page of F, 1990 -91 Contract Number Child Health Activity 1. An estimated (number) children ages birth to five will receive Child Service Coordination through the local health department.* 2. An agreement has been signed and submitted to the Division of Maternal and Child Health in which the local department agrees to be the coordinative agency for child service coordination within the county. 3. Local activities will be conducted in accordance with the October 1990 Child Service Coordination Manual issued by the Division of Maternal and Child Health. * Earlier, you submitted a number for the High Priority Infant Program. Please consider that number -in developing your updated estimate. DEHNR 3300 (Revised 2/90) General Services Division (Review 1/95) Reviewed by Initials Date CHILD SERVICE COORDINATION AGREEMENT TO SERVE AS COORDINATIVE AGENCY We have reviewed the Manual for Child Service Coordination and agree to be the coordinative agency for this activity in our county. this responsibility includes: We understand that I. Encouraging the development of a service coordination system in th county by discussing the service with all interested a n eciese including interagency councils when available; g 2. Developing a memorandum of understanding with each agency that agrees to participate, clarifying interagency responsibilities, eligibility, sharing of information and referral procedures; 3. Acting as the actual provider of service coordination to eligible children from birth to age 5 with special needs, unless or until another agency is deemed more appropriate through a process outlined in the Manual. The provision of service coordination is based on family needs, and not based on the availability of a reimbursement resource, 4. Entering into HSIS identification information and periodic status information submitted, by participating agencies within the county. 5. Maintaining 'a log of families receiving service coordination, and their current source of the service. 6. Engaging in public awareness activities to aquaint families and providers with service coordination. We understand that by agreeing to be coordinative agency for the county we are eligible to receive state and federal funds appropriated for this purpose• We are also eligible to receive Medicaid reimbursement for service coordination provided under the Memorandum of Understanding between the Division of Medical Assistance and the Division Health. of Maternal and Child Please return signed copy to: Health Director's Si na;a;_r l L g e Date Health Department Tom Vitaglione Division of'Maternal and Child Health Post Office Box 27687 Raleigh, North Carolina 27611 -7687 r� A I r N.C. Department of Environment, Health, and Natural Resources Division of General Services SFY LOCAL HEALTH DEPARTMENT BUDGET Division of Maternal and Child Health Effective Date Termination Date Revision Number SL -L- P. O. Number g 1 5 4 2 1 0 6 8 Contract Number Contractor: Orange County Health Department Activity: Child Health Project Director: Tlan i pl 'R- _R i Mer Total Budget: $ 2Z., 02? ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E X P E N. D j T U STATE EXPENDITURES: Salaries & Fringe Benefits Operating Expenses Purchase of Equipment General Contracted or Purchased Services School Health Clinician Delivery Services Laboratory Pharmacy Services Transfer TX1X SA/FR 1000 14,427 OP EXP 2000 E UIP 5000 GENERAL 6100 SCH HLTH 6200 CLN 6863 - DEL:SERV 6869 LAB 6862 RX SERV 6865 6864 R Subtotal State Expend. $ E LOCAL EXPENDITURES: LOCAL EXP 9000 S TOTAL EXPENDITURES --- equal to Total Receipts 27,027 Local Authorized Official Signature Finance Officer Signature DEHNR 2948 (Revised 2/90) General Services Division (Review 2/91) Date arm He d Division /Setrion Signature Date wtai Date ^«mmnt Fiscal Management Signature Date Waal LOCAL FUNDS: R Appropriation APPROP 101 TXIX /SSBG 102 12,600 E TXIX /SSBG Fees Other Receipts .. _ OTHR REC 103 C Subtotal Loral Funds S E STATE/FEDERAL /SPECIAL FUNDS: I P Child Care Coordination 14,427 T S Subtotal State/Federal/S22cial S 14 427 TOTAL RECEIPTS -- equal to Total Expenditures $ Local Authorized Official Signature Finance Officer Signature DEHNR 2948 (Revised 2/90) General Services Division (Review 2/91) Date arm He d Division /Setrion Signature Date wtai Date ^«mmnt Fiscal Management Signature Date Waal NEW POSITION REQUEST FORM Department: Health Division: Personal Health /Child Health Proposed Classification Proposed Grade /Step: 66 -3C Title: Social Worker II Proposed Hiring Date: December, 1990 Number of Positions Number of Hours Per Week: 20 Requested: 1 Permanent: X =Note: This half -time position will extend the existing approved Social Worker II /Baby Love Coordinator position to full time. Primary Duties and Minimum - Education and Experience: Note: 20 hours -per week will be spent in Baby Love Coordinator duties. This portion of the position is on the Maternal Health Program budget. Duties: Primary Responsibility Provide Child Service Coordination (CSC) Services for eligible children and their families. This includes: (1) Provide community outreach to promote the program. (2) Facilitate identification and enrollment. (3) Provide Child /Family assessment, to include parent /child relationships, physical needs, developmental status, educational needs, social. /emotional factors, understanding /expectations of family, available support systems, financial needs, transportation needs. (4) Develop Service Coordination plans. (5) Arrange and coordinate services. (6) Follow up and monitor service plan. (7) Reassess and evaluate service plans. Resource to Staff Meet regularly with Supervisor and MCH team to exchange information about CSC activities. Provide monthly activity report. Assist PHN's wiht patients who have psychosocial needs. Keep abreast of the services of community agencies in order to provide effective referrals. Communicate update information to MCH staff. Continuing Education Attend inservice educatio programs and workshops that are pertinent to social worker intervention and CSC. Read current publications to update knowledge. Education and Experience: B.S.W. from accredited school of social work, M.S.W. preferred. One year of experience in health and human services working with pregnant women and their families. 0 Social Worker II 13 Page 2 Workload: 1987 -85 1988 -89 1989 -90 Child Service Coordination, Program (Old High Priority Infant): Number Orange County babies identified 87 46 91 Infants tracked 77 54 112 7 NEW POSITION REQUEST FORM Department: Health Division: Personal Health /Child Proposed Classification Proposed Grade /Step: 60 -3C Title: Clerical Supervisor IV Proposed Hiring Date: December, 1990 Number of Positions Number of Hours Per Week: 40 Requested: l Permanent: X Primary Duties and Minimum - Education and Experience: Duties: A. Supervision of clerical support staff in two locations for a total of six positions. This staff performs medical records, patient billing, and patient appointment and reception activities. B. Child Service Coordination Program (CSCP) activities which include CSCP identification and enrollment, status reporting, encounter form processing, maintenance of CSCP roster for Orange County. C. Revenue monitoring which includes review of remittance advice tape monthly, review of claims pending and denied, resubmission of claims, reconciliation of deposits with State receipts, deposit of monies collected on a daily basis, preparation of financial reports. Education and Experience: High School diploma or equivalent and two years of experience preferably in patient billing, accounts receivable, working with computers and supervision. IS ORANGE COUNTY PROPOSED 1990 -91 BUDGET AMENDMENTS The 1990 -91 Orange County Budget Ordinance, as amended, is hereby amended as follows: BUDGET AMENDMENT NUMBER: 7 BEFORE AFTER GENERAL FUND AMENDMENT AMENDMENT AMENDMENT (1) source: Intergovernmental $ 6,330,019 $ 14,427 $ 6,344,446 Charges for Services 1,530,635 12,600 1,543,235 Appropriation: Human Services $10,613,953 $ 27,027 $10,640,980 To budget for the Child service Coordination program. BUDGET AMENDMENT NUMBER: 7 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: November 20. 1990 SUBJECT: APPOINTMENTS --- -- ----------------------------------- DEPARTMENT: Commissioners PUBLIC HEARING YES: NO: X - ATTACHMENT(S): Under Separate Cover INFORMATION CONTACT : - Beverly - Blythe Ext. 2130 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane -- 227 -2031 Durham - 688 -7331 ` PURPOSE: To maintain membership at effective - levels - on - Commmissioner's- appointed boards and commissions. BACKGROUND: The following recommendations are presented for the Board's consideration: ADVISORY BOARD ON AGING: Accept the resignation of Diane Brown as the RSVP representative and appoint Robert Schmidt to fill the unex- pired term. He will be eligible to serve additional terms. ECONOMIC DEVELOPMENT COMMISSION: Accept the recommendation of Lyn Posch as the Mebane representative. She will fill an unexpired term and be eligible to serve additional terms. REGIONAL SOLID WASTE TASK FORCE: Appoint Francis DiGiano to serve as the Orange County citizen representative on this Ad Hoc group. RECOMMENDATION(S): As the Board decides. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No..,= SUBJECT: MINUTES Meeting Date: November 20, 1990 - -- -- ---------------------- ------------ 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 correct and /or- approve the minutes -as- submitted for- _ - -- consideration: October 16, 1990 - Regular Meeting November 5, 1990 - Regular Meeting BACKGROUND: In accordance with 153A -42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S): As the Board decides. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 20, 1989 Action Agenda Item # SUBJECT: PROCLAMATION OF NOVEMBER 25 - DECEMBER 1, 1990 AS HOME CARE WEEK IN ORANGE COUNTY DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes _X —No ATTACHMENT(S): PROCLAMATION PURPOSE: INFORMATION CONTACT: MANAGER'S OFFICE - EXTENSION 2300 TELEPHONE NUMBERS Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 To proclaim November 25 - December 1 as Home Care Week in Orange County. BACKGROUND: The Home Health Agency of Chapel Hill has requested that this week -be proclaime* Home Care Week to coincide with National and State recognitions. RECOMMENDATION: Proclaim November 25 - December 1 Home Care Week in Orange County and authorize Chair to sign Proclama- tion. P R O C L A M A T I ON Orange County citizens of all ages and economic levels are concerned about quality, affordable, long -term health care. Furthermore, surveys show that people prefer to receive medical care and support services in their own homes. Home care allows our disabled and chronically ill citizens to remain with their loved ones in surroundings that are familiar and comfortable. With rising health -care costs, home care offers a practical means of providing health care and related services. As our citizens require more in -home care, Orange Countyls home care agencies are meeting that challenge. Home care Agencies are providing services ranging from personal care assistants to high -tech intravenous drug therapies. By offering these services in the home, we can treat our elderly, disabled and chronically ill population effectively and comfortably. NOW, THEREFORE,. the Orange'County Board of Commissioners, do hereby proclaim November 25 through December 1, 1990, as "Home Care Week" in Orange County and urge our citizens to recognize the efforts of home care providers and the families and friends of the elderly and disabled who provide important services in the home. IN WITNESS WHEREOF, I hereunto set my hands and affixed the seal of Orange County, this Twentieth Day of November, Nineteen Hundred and Ninety. Moses Carey, Jr., Chair Orange County Board of Co oners N Vf v 2 W N H U N 0 7. O O v O C Y L N a) i+ al •7 N _ N U m U O_ •� a b 4 ~ c0. ~ O O ? _0 r N 3 V W CL +L+ c w a) b C b 7 pv C C U O v Y .O O � my a+ air+ � r x v w N t?Cp•. Y N W Y C •-+ •Q a) V) W O) O O 0 Y x y d Y E 0 C -O Y IV V •r ~ O m a) G v a+ UC r 1 to L d d E 7• 0 V) 7 G Y O N a J �+ a V r U w O b W U a) W 7 0 P U� E 7 p C O d U C ra � •; G L 0 E L L d r C 7 d ,U O V U LO) Y C] cla N z C .0 an a) N Y P o J a E� a O •C Y C w L. C Y W x I-- N L Lm m 0 co C .8 O V) r•. S J S J W W .J m V) p H �+ «. U •C C V Z N 2 w r w G_ Y G f 4 � � O 7 H •E 7 U � ar 2 C w C 7 Z Q W N axi J a0+ C 7t O d O U a0+ m 'N O Q j r r•. S J '� S a v =_ N 4) O - IL J N X N L O Q N N m a r J2 N v O M O a d 3 CID O L J O d m W W Y O Y G 0. S S 7$ F i d x N w O J F W M Y m 1 m Q Y a) v U o n V) v 0 tp pL w E 4) 0 bar � � 7 a •O O a x W a0 7 � Vf a) w L L 2 rY i' Y F x d N F J Q U p W N Vf v 2 W N H U J J J S J Y N 0 7. O O v O C Y L N a) a) N 7 C O _ N U m U O_ •� a b ~ Im ~ O m _0 r N 3 V W +L+ c w a) b C b v pv v O C U O S .O O � my C air+ a8 r x QWp! t?Cp•. C LC) N W Y C •-+ •Q a) V) W O) O O 70 Y O y d Y E 0 C -O Y IV V •r ~ O m a) G v a+ v 'o r 1 to L C 0 7• 0 O O O N a J �+ a V 7 W U w 0. b W U a) L- 7 0 1t U� E 7 C t L 0 E L L d r C 7 d ,U O V U LO) Y C] N X ar d an a) N Y P o a E� O •C Y C a+ L. C Y W a N L Lm m •M co C .8 O C C aL+ m W •C C V G_ Y G v � � � L 7 H •E 7 Ol � ar 2 C C G W N axi a0+ C 7t O L, aU O O a0+ m 'N O Q N r N 4) d L O Q N N a) N x r J2 N v O M a) a CID O L O d W W Y O Y G H O v - 0 i d x G Y m Y Y a) v U EI -p tp pL x 4) 0 bar 7 7 •O O a o c a0 7 � a) w L L -0 d N J J J J S J Y N 0 7. O O O C Y L N L p a) N 7 C O _ W m U O_ •� a b ~ Im ~ r m a+ r N 3 V W o c w a) a 4 pv O C U a W L) S .O O 7+ M O• a8 r x C LC) N W Y C •-+ v d a) V) W Y O p w d Y E L L -O IV V x J v U •W m a) G v a+ v C v O O O N a J �+ a V 7 W U w L) x b W U a) r N M 1t U� •O ti 11/19/90 SCHOOL FUNDING EQUITY ASSUMPTIONS There is a wide range of possible scenarios involving school funding equity through the year 2000. Each one necessarily is based on a large number of assumptions which, on an individual basis, will undoubtedly not come to pass exactly as anticipated by our model. Nevertheless, we believe that the assumptions upon which we have based the equity -tax rate impact model are, collectively, reasonably sound on the basis of current trends. This is not a worst case model, but certainly is a conservative one. The assumptions listed below pertain to supporting spreadsheets from which the equity and tax rate impacts of the various scenarios were obtained. ASSUMPTIONS COMMON TO ALL SCENARIOS 1) Average Daily Membership (ADM) figures are those recommended by the Student Trends Population Work Group and accepted by the Commissioners in May 1990. They are based upon State Department of Public Instruction projections, with 1999 -2000 figures extrapolated. All county funding is distributed by law on an ADM basis. 2) Tax base is estimated to increase by 3% annually throughout the period, with tax collection at 98 %. No adjustment is made for 1993 or subsequent revaluations. 3) Equity is defined as having been achieved when per pupil funds for the two school systems are within 4 -5% of one another (i.e. when OCS per pupil funding is 95 -96% that of CHCCS. 4) Equity calculations do not include capital funding, Child Nutrition funds, or State transportation funds received by Orange County for school buses. 5) State funding for CHCCS increases at 9% each year and for OCS at 7% each year, with the difference based on faster ADM growth in CHCCS. 6) Federal funding and local funds not derived from ad valorem or district taxes remain constant throughout the period. 7) OCS career ladder funds phase out to 7% of eligible payroll by 1992 -93, increase at 6% annually thereafter 8) CHCCS differentiated pay funds phase in to 7% of eligible payroll by 1994 -95, increase at 6% annually thereafter SPECIFIC ASSUMPTIONS - SCENARIO A a) Essentially reflects continuation of current trends. b) County appropriation increases each year at 12.34 %, the historical average increase in County current expense funding over the last seven years. C) CHCCS District tax rate is frozen at 17.75 cents. d) No Countywide district tax Equity increase of .67$ Short of equity by 3.69% by 1999 -2000 Average annual CHCCS resident tax increase of 4.81 cents Cumulative CHCCS resident tax increase of 43.29 cents Average annual OCS resident tax increase of 4.81 cents Cumulative OCS resident tax increase of 43.29 cents Average annual increase in County CHCCS appropriation of $1,593,970 Average annual increase in County OCS appropriation of $1,089,748 Average annual increase in County per pupil funding of 9.10% SPECIFIC ASSUMPTIONS - SCENARIO H a) Countywide district tax proceeds of 2 cents annually are distributed for expansion funding on an ADM basis. b) CHCCS tax proceeds frozen at $4.3 million. C) CHCCS receive "hold harmless" funds indexed at 6% each year to preserve buying power of the frozen $4.3 million. d) OCS receive matching "hold harmless" funds on a per pupil basis. e) Both school systems receive continuation funding indexed at 6% annually for programs /services funded by prior years' Countywide district tax proceeds. f) Funds for c, d, and a above are generated by the County ad valorem tax. g) Total County appropriations (including c, d, and e) increase annually at 12.34 %. Equity increase of 2.44% Short of equity by 1.92% by 1999 --2000 Average annual CHCCS resident tax increase of 4.59 cents Cumulative CHCCS resident tax increase of 41.33 cents Average annual OCS resident tax increase of 5.03 cents Cumulative OCS resident tax increase of 45.29 cents Average annual increase in County CHCCS appropriation of $1,593,970 Average annual increase in County OCS appropriation of $1,089,748 Average annual increase in County per pupil funding of 9.10% SPECIFIC ASSUMPTIONS - SCENARIO C a) Countywide district tax proceeds of 2 cents annually are distributed for expansion funding on an ADM basis. b) CHCCS tax proceeds frozen at $4.3 million. c) CHCCS receive "hold harmless" funds indexed at 6% each year to preserve buying power of the frozen $4.3 million. d) OCS receive matching "hold harmless" funds on a per pupil basis. e) Both school systems receive continuation funding indexed at 6% annually for programs /services funded by prior years' Countywide district tax proceeds. f) Funds for c, d, and a above are generated by the County ad valorem tax. g) Total County appropriations are driven by CHCCS projections of historical funding patterns - funding for c, d, and a above is not limited to historical average increase in current expense. Equity increase of 3.24% Short of equity by 1.12% by 1999 -2000 Average annual CHCCS resident tax increase of 8.19 cents Cumulative CHCCS resident tax increase of 73.69 cents Average annual OCS resident tax increase of 8.63 cents Cumulative OCS resident tax increase of 77.65 cents Average annual increase in County CHCCS appropriation of $2,558,199 Average annual increase in County OCS appropriation of $1,801,406 Average annual increase in County per pupil funding of 13.30% SPECIFIC ASSUMPTIONS - SCENARIO D a) CHCCS tax phases out after 5 years (5 cent increase in County ad valorem each year to cover this) with total "hold harmless" continuation funds increasing at 6% annually thereafter b) Basic County appropriation increases 10% annually C) No Countywide district tax m Equity achieved in 1992 -93 Average annual CHCCS resident tax increase of 4.32 cents Cumulative CHCCS resident tax increase of 38.87 cents Average annual OCS resident tax increase of 6.29 cents Cumulative OCS resident tax increase of 56.62 cents Average annual increase in County CHCCS appropriation of $1,991,276 Average annual increase in County OCS appropriation of $1,382,983 Average annual increase in County per pupil funding of 10.98% SPECIFIC ASSUMPTIONS - SCENARIO E a) OCS district tax beginning in 1991 -92 increases at 2 cents each year, capped at 10 cents b) CHCCS tax rate increases at rate necessary to generate 6% annual growth in CHCCS tax proceeds c) County appropriation increases at historical average of 12.34% d) No Countywide district tax Equity increase of 1.40% Short of equity by 2.96% by 1999 -2000 Average annual CHCCS resident tax increase of 5.43 cents Cumulative CHCCS resident tax increase of 48.84 cents Average annual OCS resident tax increase of 5.92 cents Cumulative OCS resident tax increase of 53.29 cents Average annual increase in County CHCCS appropriation of $1,593,970 Average annual increase in County OCS appropriation of $1,089,748 Average annual increase in County per pupil funding of 9.10% 94 ITEMS FOR FOLLOWUP BOARD MEETING DATE: Az� el ITEM # TITLE TYPE OF FOLLOWUP FOLLOWUP COMA R w. 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'(1) u! palstl smonlpuoa pue small 'swalsAs Mops;; 10 Isnal M u! AauOw Isauaaa plus u!elal 01 Mal ale's All pu!nbw st aalFoaq 7t3 'a gOaq E Aq moaasa u! play Aaupw Isaurea agl }o 43ea ;o a7ueldama ala9ns=3 Flags sulso10 - papun ;at aq flogs Aaupw Isauaea ay >se7 117n{m w I7etluw 5.41 Sul guluual ;o uroa}ao; a0 wnlu 341 nano aa6ng put lallaS uaamlaq alnds!p E lu >na 'y7euq (a) ao 'uOmpuO7 Itrasald n! m Suadwd ay 2uuda77e (p) ;° }° agl uI =3SON y7ns m; nFlag of afgelrEne salPawaa aay10 Aue l7a}je sou pegs aanna;lo; •paI!a}lo; uondo ay aneq flogs laA6-q uagl 'saludat ay ;o uo!aldwoa aqs g7ns lnq aq Flags Aauvw lsalue> aqr uayl '17rt1u03 sly' sag7aalq 1aAng to; apinoad so alafdwpa of sou sl7ala aalpg ;l ways alalduao7 of 2utsn}aa (7) ao 'uonalduw7 1tag1 ao; 2u!p!Ao1d (9) away] pue pald=e sl tajjo sugl Juana aqs ul •y7eaaq 97ns ao; aaAng 01 algrprAe sa!pawal Alan 2una1c1wo7 (e) ;o uondo agl ane4 Flags lallaS 'Alumaau aae a>yl0 I7a;It IOU flogs wmu vans . lnq 'aaAng of pauanlaa aq hags Aauow lsawea aqs ua111 11311 -S Medal Ave }l •2ulsop Aq palaldwoa aq w sa!Edaa Aue luuaad of Aq I7etluoa Vill 30 g7garq a ;v wana aql u! 10 'PaUsp us sou Su19717 a1o}aq awn lua!7 };ns u! pa3arduw7 aq Isnw suon7adsv! 'ale Ola124 suOlITupa aql }o Sun ley' wana ayI u! ao 'palda77e galls Inq (iaealuo7 sly' u! paP!Aotd asrmaaglo ssalun) IOU sl la} ;0 s!ql wana all] ul :A3NONr JLON -dVg .I SNOISIAOad (MaNVIS r FY 90 Agreement to Provide Professional Accounting Services to Orange County, North Carolina THIS AGREEMENT, entered into this day of , 1990 and effective immediately by and between David M. Griffith and Associates, Ltd. (hereinafter called the "Consultant ") and Orange County, State of North Carolina (hereinafter called the "County "), WITNF.SSETH THAT: the County has programs which it operates with Federal funding, and WHEREAS, the County supports these programs with support services paid from County appropriated funds, and WHEREAS, the Federal government and the State will pay a fair share of these costs if supported by an approved cost allocation plan, and the Consultant is staffed with personnel knowledgeable and experi- enced in the requirements of developing and negotiating such governmental cost allocation plans, and the County desires to engage the Consultant to assist in developing a plan which conforms to Federal requirements and will be approved by their representatives NOW TFHEREFORE, the parties hereto mutually agree as follows: 1. E mployment of Consultant The County agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. 2 Scope of Services. The Consultant shall do, perform and carry out in a good and professional manner the following services: a. Development of a central services cost allocation plan which identifies the various costs incurred by the County to support and administer Federal programs. This plan will contain a determination of the allowable costs of providing each supporting service such as purchasing, legal counsel, dis- bursement processing, etc. b. Prepare indirect cost proposals for federal grants as necessary. C. Negotiation of the completed cost allocation plan with the representatives of the State or Federal government, whichever is applicable. 01 3_ Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious comple- tion and best carry out the purposes of the agreement. The cost allocation plan will be available by March 31, 1991 for your review and our negotiation with Federal and State representatives. 4. Com ensation. The County agrees to pay the Consultant a sum not to exceed eight thousand five hundred dollars ($8,500) for all services required herein, which shall include reimbursement for expenses incurred. Consultant agrees to complete the project and all services provided herein for said sum. S. Method of Payment The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. First, the Consultant will be entitled a fixed amount as indicated above. Second, Consultant's fees are due upon the rendering of a bill upon the completion of an approvable plan. All funds received from the plan above the Consultant's fee will accrue solely to the County. 6- Ch_ anges. The County may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the County and the Consultant, shall be incorporated in writ- ten amendment to this agreement. 7. Services and Materials to be Furnished by the Counter. The County shall locally furnish the Consultant with all available necessary information, data, and material pertinent to the execution of this agreement. The County shall cooperate with the Consultant in carrying out the work herein and shall provide adequate staff for liaison with the Consultant and other agencies of County government. 8. Termination of Agreement for Cause_ If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this agreement, the County shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. K 9. Information and R_R_ enorts. The Consultant shall, at such time and in such form as the County may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approvals and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the County. 10. Notices_ Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: David M. Griffith & Associates 1100 Logger Court, Suite D100 Raleigh, North Carolina 27609 IN WITNESS WIMREOF, the County and the Consultant have executed this agreement as of the date first written above. County of Orange (County Official) David M. Griffith & By: JMC Tim McKinnie Vice President M ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. MOSES CAREY, JR. 27278 STEPHEN H. HALKIOTIS JOHN HART WELL SHIRLEY E_ MARSHALL DON WILLHOIT November 20, 1990 Moses Carey, Jr., Chairman Board of County Commissioners P.O. Box 8181 Hillsborough, NC 27278 Dear Moses,. At its meeting yesterday evening, the members of the Human Services Advisory Commission unanimously charged us with writing you to inform you of our strong support for a county -wide toll free telephone system. Such a system would be vitally important to improved coordination among, and client access to, the various human services organizations in orange County. In fact, the implementation of a toll -free telephone. system was highly recommended by all five of the working groups at our recent workshop on coordination.of human services in the County. We bring this information to your attention now because we hope it will be useful as you 'address this topic at your meeting this evening. 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NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners support the following: (1) The Triangle Regional Calling Plan to include: -- Seven Digit Dialing -- 50% reduction in toll charges -- Regional white pages directory -- Inward call option (allows customer to receive calls from throughout the region at no charge to the calling party) - optional Low Use Plan available - optional (2) Orange County flat -rate Extended Area Service Plan to existing service in exchanges that serve inside Orange County to include the portion of Chapel Hill in Durham County, Research Triangle Park and Raleigh- Durham International Airport with rates to be set by the North Carolina Utility Commission consistent with the Commission's rate - setting Policies. (3) The North Carolina Utility Commission at its option submit EAS flat rates to a poll of the customers who would be affected by the rate changes. :'err; '.p'tiJ'.:��r �',�'', ". ��*.C' �' '„��W,�I "''" `:r,. I� 1 W BE IT FURTHER RESOLVED that the Board of Commissioners instructs the Orange County Manager to continue deliberations with Wake County and telephone company officials to determine the most appropriate process for filing the proposal and appropriate comments to the North Carolina Utility Commis- sion, and to recommend the most appropriate methodology for polling customers of each exchange, and to report to the Board prior to any official filing being submitted to the Utility Commission. This the 20th day of November , 19 90 Commissioner Shirley E. Marshal 1 moved the passage of the foregoing resolution and Commissioner John Hartwell seconded the motion, and the resolution was passed by the following vote: Ayes: Chairman Moses Carey, Jr., and Commissioners. Stephen Halkiotis, John Hartwell. Shirley E. Marshall and Don Willhoit Noes: None I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held November 20, 1 220 , as relates in any way to the Resolution for Flat Rate Extended Area Service (EAS) and Reduced Rate Regional Calling hereinabove set forth, and that the said proceedings are recorded in Minute Book of the minutes of said Board for said date. WITNESS my hand and the common seal of said County, this the 26th day of November _ , 19 90 . (SEAL] evenly County e, CXerk to the Orange of Commissioners 6L-LB COX-., 01T 2 6 igge State of North Carolina Department of Environment, Health, and Natural Resources Division of land Resources James G. Martin, Governor W Wham W. Cobey, Jr., Secretary Mr. John Link County Manager 109 Court St. Annex Hillsborough, North Dear Mr. Link: October 24, 1990 Carolina 27278 Charles H. Gardner Director You recently received a letter from Governor Martin announcing that Orange County has been awarded $3, 000 matching funds under the North Carolina Land Records Management Program (LRMP) . This is a supplement to the Governor's announcement providing additional details concerning the grant process and grant requirements. With 58 counties requesting grants amounting to over $7,500,000 against only $172,600 in available appropriations, it was necessary to scale -down the requests according to an impartial and equitable formula. The figures for the recommended grant awards were obtained by prorating the $172,600 among all applicants according to their documented eligibility for funding over the next fiscal year. In addition, the amounts thus obtained were modified by the imposition of a "ceiling" of $3,000 per county and a "floor" of $1,000 or 50% of the project cost, whichever was less. Attached are two (2) copies of the LRMP Grant Agreement covering your grant award to be signed and returned to the Land Records Management Program office. This Agreement states the rules and regulations that govern the funding of the state matching grant for your project. When signed by the proper county officials and returned to Rex Minneman, Acting Chief, N. C. Land Records Management Program, P.O. Box 27687, Raleigh, North Carolina 27611, your decision to accept this grant will be formally recorded. Agreements not signed and returned by December 3, 1990 will be deemed to have been declined, and those funds will be redistributed to all other counties accepting their grant awards. P.O. Box 27687 • Raleigh, N.C. 27611 -7687 • Telephone (919) 733 -3833 An Equal Opportunity Affirmative Action Employer As usual, when grants are made to counties, audits are required for the work performed under the agreement. Your county will also be required to send a quarterly report to the LRMP office which will address all activities that are involved in the administration of this grant. We hope that the grant funds will help you to continue the excellent program which your county has undertaken. Sincerely, Charles H. Gardner Attachments . aYa JAN��� State of North Carolina.P Department of Environment, Health, and Natural Resoure Division of Land Resources James G. Martin, Governor Charles H. Gardner William W. Cobey, Jr., Secretary Director January 24, 1991 Ms. Beverly O. Blythe Clerk, Board of Commissioners P. O. Box 8181 Hillsborough, North Carolina 27278 Dear Ms. Blythe: Enclosed is your copy of executed contract #91 -43 between the Department of Environment, Health, and Natural Resources and orange County for the Land Records Management Program grant. Also enclosed is a sample progress report form to be submitted to this office. This form is due quarterly on January lst, April. 1st, July 1st and October 1st until this contract has been satisfactorily completed. Sincerely, Rex Minneman Land Records Management Program Enclosures P.O. Box 27687 • Raleigh, N.C. 27611 -7687 • Telephone (919) 733 -3833 An Equal Opportunity Affirmative Action Employer j� ro- ^ �: i � °,�,., ` ,° r r' 9 �� � } , � � i i 1 Contract No. 91 -43 • , _ Page 1 of 6 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this gg!j day of ,#oe 1990 by and between the North Carolina Department of Environment, Health, and Natural Resources (hereinafter called EHNR) and the County of Orange (hereinafter called the "County ") . WITNESSETH WHEREAS, Section 102 -15, of the North Carolina General Statutes empowers the EHNR to administer a program of technical and financial assistance for the improvement of county land records; and WHEREAS, the Land Records Management Grant Application dated June 6, 1990, prepared and submitted by the County, has been determined by EHNR to qualify the County for a grant award; and WHEREAS, the Secretary of the EHNR has awarded Land Records Management Grant No. 91 -43 in the amount of $3,000 from State matching funds to the County as financial assistance for the completion of the project described in said Grant Application; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. County? . The Land Records Management Program agrees to assist the County and the County agrees to perform the work and responsibilities as more fully described in the Work Program appended hereto as Attachment A and hereby made a part of this Agreement as a complete and sufficient statement of the work encompassed by the Project Description in the Land Records Management Grant Application supporting Land Records Management Grant No. 91 -43. 2. General Responsibilities of the Coon . The County Government shall: (a) assume positive leadership to perform and carry out in a satisfactory and proper manner as determined by Land Records Management Program, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of Land Records Management Program, qualified contractors for all work not performed by county personnel; and (c) arrange periodic meetings of county officials, local representatives of the legal, surveying, and engineering professions and representatives of Land Records Management Program to review progress and consider such recommendations for action as may be required. 41 4 Contract No. 91 -43 Page 2 of 6 3. provision of Funds. To assist in financing the work covered by this Agreement, the County has been awarded a grant of State funds in the amount of $3,000. It is expressly understood that the County will match this State award with an expenditure of at least $3,000 of local tax revenues applied exclusively to the work covered by this Agreement. 4. Obiigation of Grant Ponds. Grant funds may not be obligated prior to the effective date or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be liquidated within one year after the date specified unless otherwise extended by the State of North Carolina in writing. Such obligations must be related to goods or services provided and utilized within the effective period of this Agreement. The effective period of this Agreement is January 1, 1985 - June 30, 1992. 5. Changes or Extension of Document. The County or the Land Records Management Program may, from time to time determine that changes in the scope of work described in Attachment A will be necessary. Such changes affecting the nature of the work as well as the timing, methodology, and any increase or decrease in the amount of compensation due to the County shall be incorporated in written amendments to the contract which shall be mutually agreeable to the parties hereto and such agreement shall be endorsed thereon by authorized signatures. 6. Termination of Aunt for Convenience. Either the Land Records Management Program or the County may terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. 7. Termination of Agreement for Cause_. If through any cause the County shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the County shall violate any of the covenants or stipulations of this Agreement, the Land Records Management Program shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and specifying the effective date thereof. Upon the County's receipt of such notification all work shall immediately cease and no further expenditures shall be claimed against this Agreement except for work already performed. 8. Equal MORIUMnt rtuni . The County and any contractor covered by this Agreement shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and shall take affirmative action to ensure equal opportunity in its employment practices. The County and any contractor shall state in its advertisements for employees that all qualified applications shall receive consideration for employment without regard to race, color, religion, sex or national origin. 9. Interest of Land Records nt Program Members and Others. No employee of the Land Records Management Program, and no Contract No. 91 -43 Page 3 of 6 member of its governing body, and no other public official of the governing body of the community in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall (a) participate in any decision relating to this Agreement which affects his or her personal interest or the interests of any corporation, partnership, or association in which he or she is directly or indirectly involved; or (b) have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 10. Access to Records. At any time during normal business hours and as often as the Land Records Management Program or the Department of State Auditor may deem necessary, the County shall make available to the Land Records Management Program or representatives of the Department of State Auditor for examination all of its records with respect to all matters covered by this Agreement and shall permit these agencies to audit, examine and make excerpts of transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this Agreement. 11. Retention of Records. The County shall retain all financial records, supporting documents, and other pertinent records related to expenditures against the grant received for a period of three years following the termination date of this Agreement. In the event such records are audited, all records shall be retained beyond the three -year period until audit findings have been resolved. 12. Audit Requirements. The County shall be responsible for an audit of the work performed under this Agreement with copies made available to Land Records Management Program upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Reporting_ Requirements. The County shall prepare and submit to the Land Records Management Program quarterly progress reports, due in the Land Records Management Program no later than 10 days after the end of the quarter. Requisition for payment, according to the schedule established by this Agreement, shall be subject to authorization by the Land Records Management Program upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. 14. Compensation_. The EHNR shall pay to the County an amount not to exceed $3,000 for the services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto. 15. Indemnification. Notwithstanding any provisions of this Agreement, it is expressly agTeed that: The County shall indemnify and save harmless the State of North Carolina and its employees, from and against any and all claims, demands, suits, judgments, settlements, etc., for sums of money for and on account of personal injuries, property damage, invasion of real property, or loss of life or property of any Contract No. 91 -43 Page 4 of 6 persons whether in contract or tort, as in any way connected with the performance of the project covered by this Agreement. Further, the County expressly releases the State of North Carolina from any liability or any losses or damages suffered by the County, directly or indirectly, from or in any way connected with the performance of this Agreement. 16. Method of Payment. Upon determination by the Land Records Management Program that the services identified in Attachment A have been satisfactorily completed, and Land Records Management Program shall notify the EHNR to pay the amount set forth in Paragraph 14. Such sum shall be paid in every case subject to receipt of a signed requisition for payment in connection with quarterly progress reports required under Paragraph 13. The County shall be paid in a lump sum or as progress payments by the EHNR . If all work specified for completion is not completed, payment shall be made on the basis of the percentage of work completed. Lump sum payments will be made only upon completion of all work and approval of the Land Records Management Program. 17. Designation and Employment of Contractor. To carry out the Work Program, Attachment A, of this Agreement, the County may utilize the services of its in -house staff or it may contract for the services to be performed therein with a private business or public agency. Prior to the execution of a contract, or the use of its in -house staff, the County shall appropriation provide the Land Records Management Program: the purposes set forth in this agreement. (A) A resume of the Contractor for the project. (B) A copy of the proposed contract between the County and the Contractor. (C) A work plan or schedule showing when the Deliverable Items covered by the contract are to be completed, as well as the cost for each Deliverable Item. The County shall ensure that (a) the standards established by the Land Records Management Program are satisfied, and (b) the contract meets the requirements of this Agreement. 18. Availability of Funds. It is understood and agreed between the Contractor and the Agency that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation and appropriation of funds to the Agency for the purposes set forth in this agreement. Contract No. 91 -43 Page 5 of 6 "ATTACHMENT A" WORK PROGRAM FOR COUNTY OF ORANGE This Work Program is incorporated by reference hereto in the attached Agreement between North Carolina Department of EHNR and the above County and is made a part thereof. The grant award, which is subject of said Agreement, is being made contingent upon the performance of the following work: The County will prepare maps in conformance with the North Carolina "Technical Specifications for Base, Cadastral, and Digital Mapping" and automate its land records. A, Contract No. 91 -43 Page 6 of 6 IN WITNESS WHEREOF, the EHNR and the County have executed this Agreement as of the first date written. ATTEST: ATTEST: Firm i _ M NEALTH, AND7NATURAL • 77 WILLIAM W. COB Y, JR . Secretary of Environment, Health, and Natural Re OL CARL Uri" gtGWAW LT ;.: k • M" M1 I : a N „ 4" 6 t;, • . ' , _,.. S k.. _ ACCEPTANCE OF FRANCHISE Cablevision of Durham, Inc. hereby accepts the franchise, a copy of which is attached hereto, labeled Exhibit A and incorporated herein by reference and voluntarily agrees to conduct its operations as a grantee in accordance with this franchise and the Orange County Cable Television System Ordinance as it now exists and as it may be amended -from time to time. This agreement is accepted and filed with the Orange County I C- 7t--O b r— -)r- manager this ay of , 19 9/ Also filed herewith are the proofs of insurance, bonds and letters of credit required by Section XIV of the Orange County Cable Television System Ordinance as modified by Exhibit A. CABLEVISIONIOF DURHAM/ INC. 5z ATTEST: C>7� cl�-V� S etary STATE OF Pres COUNTY I, At/ j &,21, notary public of said county and state, certify that _ a9122.e� _ personally came before me and acknowledged that he (she) is secretary of Cablevision of Durham, Inc., a corporation, and that by authority given and as the act of the corporation the foregoing franchise was signed by the president of the corporation, sealed with its corporate seal and attested by himself (herself) as its secretary. Date changed according to letter of October 23, 1991 from Geoffrey E. Gledhill, attached. Witness my hand and official seal, this the day of 19 g/ My commission expires: Notary Public C - x w e 07 B5= COLEMAN, BERNHOLZ, BERNHOLZ, GLEDHILL, HARGRAVE & HERMAN ATTORNEYS AT LAW THE LAW BUILDING 129 EAST TRYON STREET POST OFFICE DRAWER 1529 HIJ.L.SBOROUGH, NC 27278 TEL: 919 - 732 -2196 919 - 942 -8000 FAX: 919- 732 -7997 SUITE 300, THE CENTER 1506 EAST FRANKLIN STREET CHAPEL. HILL, NC 27514 TEL: 919- 929 -7151 FAX: 919 - 9293892 ALONZO B. COLEMAN, JR. STEVEN A. BERNHOLZ ROGER B. BERNHOLZ GEOFFREY E. GLEDHILL DOUGLASHARGRAVE G. NICHOLAS HERMAN KIM K. STEFFAN JANET B. DUTTON JOHN D. LOFTIN Of Counsel BONNER D. SAWYER (1902 -1972) October 23, 1991 Mr. Bill Shaw General Manager Cablevision of Durham 708 East Club Boulevard Durham, North Carolina 27704 RE: Cablevision of Durham Dear Bill: I received, on or about Monday, October 14, 1991, a Certificate of Insurance that satisfies the concerns expressed in my October 1, 1991 letter. Therefore, Cablevision of Durham's delineated franchise in Orange County is effective October 14, 1991. Enclosed are the two complete packages of the Acceptance of Franchise per your request. With a copy of this letter to Albert Kittrell I have enclosed the Certificate to be filed with the rest of the Acceptance documentation. With a copy of this letter I am further asking Mr. Kittrell to change the date in the second paragraph of the Acceptance of Franchise document to read 14th day of October, 1991. I am pleased we were able to resolve this franchising. Orange County looks forward to working with Cablevision of Durham. With best personal regards, I am Very tryly yours, GEG /lsg / Enclosures ` xc: Albert Kittrell� rey A. Gledhill r l Exhibit A +, AN ORDINANCE GRANTING A FRANCHISE TO CA.BLEVISION OF DURHAM, TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN A DELINEATED PORTION OF THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section I. Grant and term. Subject to the terms and conditions of the Orange County Cable Television System Ordinance as amended and as it may be amended, (hereinafter "the ordinance ") which ordinance is incorporated herein by reference, and the other terms and conditions of this ordinance (hereinafter "the franchise "), Cablevision of Durham, 1. Inc., its successors and assigns, (hereinafter "grantee" or "the grantee ") is hereby granted the right, privilege and franchise to construct or have constructed, operate and maintain a cable television system and to operate a cable television service in the portions of the unincorporated areas of Orange County, North Carolina (hereinafter "county" or "the county ") delineated below AND NO OTHER for the purpose of providing cable television service to the citizens of the delineated portions of the unincorporated areas of the county, and for that purpose to erect, install and construct upon, across, beneath and along any street or road all necessary cable and other equipment and facilities as may be necessary and appurtenant to the cable television system. In addition, this right, privilege and franchise shall e:.tend to • 1 property rented or leased from other persons, including but not limited to any public utility or other grantee, franchisee or permittee, in order to do business in the delineated portions of the unincorporated areas of the county. The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the county and no other purpose whatsoever. The term of this franchise shall commence upon the acceptance of this franchise by the grantee, as provided in Section VI of,the ordinance and shall terminate at midnight, February 24, 1996. Delineated Franchise Areas 1. Area 1: Homes which now exist or may be constructed fronting any portion of Saddle Drive, Horseshoe Road, Big Fork Road or Fox Drive. 2. Area II: Homes which now exist or may be constructed fronting any portion of Pascal Way, Wilhelm Drive, Montvale Road, Osborne Place and Kerley Road from its intersection with Cornwallis Road to its intersection with Mt. Sinai Road. 3. Area III: A limited franchise solely to construct, erect, operate, and maintain in, upon, along, across, above, and over the following streets or roads within Orange County all necessary cables and other equipment and facilities to serve areas within Durham County located east of the boundary line between Orange County and Durham County: Craig Road where it lies within Orange County between Bivins Road and Saddle Drive. 2 E Section II. Renewal. The franchise may be renewed for an additional period of ten (10) years upon terms satisfactory to both the county and the grantee. Section III. Nonexclusive. The franchise shall be nonexclusive, and the county reserves the right to grant similar franchises to any person or persons at any period during the present franchise or,any extension thereof. Section IV. Construction of system. Grantee shall obtain the proper permission and authority from the North Carolina Department of Transportation, or other agency of competent jurisdiction, and where appropriate, private land owners before any cable or other equipment necessary and appurtenant to the cable television system may be placed within any street or road. All highways, roads, streets, sidewalks, avenues, alleys, bridges and other public and private places that may be disturbed or damaged in the construction or maintenance of the cable television system shall be promptly repaired or replaced by the grantee at its own expense. All poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such manner as to comply with all federal and state statutes, county and other local ordinances and rules and regulations of the North Carolina Department of Transportation, or 3 other agency of competent jurisdiction. All such units of government and governmental agencies with approval authority over the construction and maintenance of the CATV system must approve the construction and maintenance. All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads, and 'Minimum interference with the property rights of property owners adjoining said streets or roads. Such facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with proper use of said streets or roads, and no interference with the property rights of owners of property adjoining said streets or roads. In the event the grantee shall fail to replace or repair any of said public and private facilities within ten (10 ) working days after written notice to do so from the county manager, the same may be replaced or repaired by the proper authorities of the county, and in that event, the grantee shall forthwith pay to the county the cost of such work. Section V. Relocation of facilities. In the event (at any time during the franchise period or any extension thereof) the county, the North Carolina Department of Transportation or any other unit of government or public agency, by reason of traffic conditions, street closing, or highway or street construction changes in or the establishment of any street grade, the installation of sewers, drains, ,water pipes, power 4 lines, signal lines, or any type of structure or improvement, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other place any of its properties, owned or leased, upon reasonable notice by the agency involved in the work. The county, the North Carolina Department of Transportation or any other unit of government or agency shall not be liable for any disturbance of the grantee's installation resulting therefrom. The grantee shall carry out instructions and directions of the North Carolina Department of Transportation District Engineer or his designee whenever it is necessary to raise or remove any of the grantee's wires or cables temporarily for the purpose of moving or removing structures on the public streets or roads of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working order, and where necessary, with the prior approval of the appropriate public or private agency and person. As between the county and the grantee, all actions herein required to be performed shall be performed at the expense of the grantee and the grantee shall hold the county free and harmless from all damages or claims for damages, including attorneys fees and other litigation expenses necessary to defend any such claim, arising from such actions of the grantee. Copies of all joint use of poles and right --of -way agreements and encroachment agreements which authorize grantee to use poles and right -of -ways within the unincorporated areas of the county shall be provided to the county manager within thirty days of G: acceptance by the grantee of this franchise and thereafter within thirty days of their acquisition. Section VI. Ordinances applicable. The grantee shall be subject to all laws and ordinances relative to the use of all public facilities, relative to cable television systems and operations, and where appropriate, planning ordinances, policies and procedures. The grantee is relieved of the requirement to post a corporate surety bond in the amount of $50,000 to guarantee the timely construction and full activation of its cable television system which requirement is contained in Section XIV(f) of the Orange County Cable Television System Ordinance. The grantee is relieved of the requirement that it deposit with the County Manager a letter of credit from a financial institution in the amount of $10,000 which requirement is contained in Section XIV(g) of the Orange County Cable Television Ordinance. The grantee's obligation to pay to Orange County a sum of money sufficient to reimburse it for expenses incurred by it in connection with the granting of this franchise is limited to a maximum of $1,000 (see Section XIV(h) of the Orange County Cable Television Ordinance. Section VII. Location maps. The grantee agrees to maintain in the office of the Orange County Manager copies of all maps showing the location of all wires, cables and other fixtures situated within the unincorporated areas of the county. Section VIII. Hold harmless. The grantee, its successors and assigns, shall indemnify and save harmless the county, its officers and employees as expressly provided in Section XIV of the ordinance. Section IX. The system and its operation. A. Except as otherwise required by this franchise or unless otherwise required by the ordinance, grantee agrees to build and operate a cable television system in the delineated portions of the unincorporated areas of the county. The documents describing "technical synopsis," "subscriber network," "quality customer service," "service management system," "service response," and "preventive maintenance" included with the September 7, 1989 proposal of grantee have been examined and approved by the county. They are attached to this franchise as exhibits and incorporated herein by reference. The grantee, by its acceptance of this franchise, acknowledges that any such standards which exceed FCC requirements are freely offered by grantee. These standards shall apply to all CATV service and new construction within the county. Grantee shall demonstrate to the satisfaction of the county manager that its system meets the minimum technical standards offered in its September 7, 1989 proposal and prescribed in this franchise by providing test results from tests performed at the 7 terminus of its system within Orange County along its system. These tests shall be performed periodically at the request of the county manager. Random testing shall result in the entire system. being tested every three months. B. The following construction practices shall be followed: 1. Sag. To avoid or at least minimize the danger of cable breaks, grantee shall spedify that TV cables shall sag at least as much as the telephone cable below it, and should never be allowed to sag less than 1% of the spanned length. Preferred sag will be 1.5% to 2% (22 -30 inches in a 125 -foot span). 2. Sleeved connectors. To minimize interference due to signal infiltration from mobile transmissions, CB, amateur transmissions and strong local TV signals, connectors with integral internal sleeves will be used. 3. Connector seals. Cable splices and housing connectors shall be sealed against moisture either by properly applied shrink tubing, or by means of sealant tape such as Bi -Seal, or Aqua -Seal or equivalent. 4. Lightening and power surge protection. The following, or its equivalent as certified to the county by a qualified engineer, shall be done to provide lightening and power surge protection. Adequate grounding, at the first, last and every tenth pole, and at every repeater or power supply location shall be installed. Adequate bonding to telephone strand and electric neutrals shall be done. Careful attention shall be given to the proper use of surge protection devices, resetting circuit breakers, and gas ionization devices to protect equipment and maintain service during abnormal power situations. Particular attention shall be given to the regulated do power packs at repeater stations through the use of adaptive regulator circuits, surge protection modules, transient absorbing diodes, or 3- terminal regulator hybrid specially designed to provide current limiting, thermal overload protection, and maintain operation within safe Limits. 5. Installation standards. Each subscriber shall have a separate drop from the residence to the Feeder Lane. Buildings with more than four units may be treated as apartments. Installation methods shall be explained to all subscribers. Drop lines, when installed, shall not be spliced. Repairs to drop lines may be made by splicing providing the splice is moisture sealed using shrink tubing, sealant tape such as Bi -seal, Aqua -seal or equivalent. All installation standards and practices shall be "state -of- the - art." All installations shall be done in a workman- like manner using "state -of- the -art" techniques and "state- of -the- art" materials. 6. Construction manual. Grantee shall provide its construction crews and any contract construction company with a construction manual detailing each stage of the construction process. A copy of this construction manual shall be provided to the county manager before construction commences. Any comments and recommendations made by the county manager concerning this manual shall be considered by grantee and if necessary to meet the requirements of the franchise or the ordinance, the manual shall be revised by the grantee. All installations shall be supervised and inspected by grantee's engineers. C. Channel capacity and system design. Grantee shall install and maintain a "state -of -the -art" system and abide by all reasonable requests of the county to upgrade the system. without limiting the generality of this requirement: 1. All new construction of plant in the unincorporated areas of the county shall be 400 MhZ capable and be two -way capable. 2. Grantee shall operate its existing plant in the county and all new plant in the county in accordance with the technical synopsis and subscriber network exhibits to this franchise. Grantee shall upgrade its entire system within the unincorporated areas of the county contemporaneously with any upgrade of its Durham County franchised system. Grantee shall immediately notify the county manager of any plans it has for upgrading or any Durham County franchise required upgrade. 3. Grantee shall provide a trouble feed -back system which allows the monitoring of all active elements of all Main Trunk Cable of the system. Grantee may satisfy this requirement in one of two ways: (1) it may, within 18 months of its acceptance of this franchise, install and activate bi- directional capacity in the Main Trunk Cable of its system or, (2) it may immediately provide service to subscribers along all Main Trunk Cable at such intervals as will provide a "trouble. feed -back system" in effect activated by subscriber calls in the event of system failures which 10 is comparable in terms of reliability to an activated bi- directional feed --back system. In the event grantee elects to utilize a subscriber "trouble feed -back system" it must provide the necessary service to subscribers without regard to the system extension requirements contained in this franchise and, if necessary in order to obtain their subscriptions, at no cost to the subscribers that are part of the "trouble feed -back system." 4. Grantee shall design and operate its system so that it has interconnect compatability to share programming with any existing franchised cable operator within the unincorporated areas of the county and provide verification to the satisfaction of the county manager of this compatibility. Section X. Programming and Access. A. Grantee shall provide at least one public service and /or access channel. This channel shall be reserved for and used for such things as community billboard, local origination programming and educational access programming other than PBS. B. Grantee shall provide a local origination studio, together with the necessary equipment and personnel, to enable members of the public to create and broadcast programming. Grantee may satisfy this requirement to provide local origination studio and necessary equipment and personnel by contracting with a third party. However, the responsibility to provide the local origination studio and necessary equipment and personnel is that of grantee. Air time shall be provided free of charge to everyone 11 i except "for - profit" entities and declared political candidates. Fees may be charged for equipment and labor supplied by grantee in assisting persons in developing programming, except that no change shall be made for live studio cable casts of five minutes or less by public access users or for the broadcasts of such special events as are designated by the board of commissioners of the county. C. Grantee shall make its local origination and public access channel programming available to any other franchised cable operator in the county at the time that cable operator makes its local origination and public access channel programming available to grantee. Grantee shall carry any other franchised cable operators local origination and public access programming when it becomes available to grantee. Grantee shall not be required to carry such programming if it is-commercially sponsored. Any charge made by grantee to another franchise cable operator as a price for grantee making its local origination and public access channel programming available shall be commercially reasonable and shall be at no charge provided the other franchise cable operator provides its local origination and public access channel programming available to grantee at no charge. Section XI. Effective date. Subject to the provisions of Section VI of the ordinance, this franchise shall become effective on the date on which grantee files the acceptance, bonds, fees and expenses, and proof of insurance required by the ordinance. 12 First Reading. The foregoing ordinance received the following vote and was duly adopted this 5th day of November , 1990: Ayes: Commissioners Moses Care Jr. Stephen Halkiotis John Hartwell Shirl Marshall and Don Willhoit Noes: Absent or Excused: Second Reading. The foregoing ordinance received the following vote and was duly adopted this 20th day of November , 1990: Ayes: Commissioners Moses Care Jr. Ste hen Halkiotis John Hartwell Shirt Marshall and Don Willhoit Noes: Absent or Excused: 13 - r .... AN ORDINANCE GRANTING A FRANCHISE TO CABLEVISION OF DURHAM, INC. TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN A DELINEATED PORTION OF THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section I. Grant and term. Subject to the terms and conditions of the Orange County Cable Television System Ordinance as amended and as it may be amended, (hereinafter "the ordinance ") which ordinance is incorporated herein by reference, and the other terms and conditions of this ordinance (hereinafter "the franchise "), Cablevision of Durham, Inc., its successors and assigns, (hereinafter "grantee" or "the grantee ") is hereby granted the right, privilege and franchise to construct or have constructed, operate and maintain a cable television system and to operate a cable television service in the portions of the unincorporated areas of Orange County, North Carolina (hereinafter "county" or "the county ") delineated below AND NO OTHER for the purpose of providing cable television service to the citizens of the delineated portions of the unincorporated areas of the county, and for that purpose to erect, install and construct upon, across, beneath and along any street or road all necessary cable and other equipment and facilities as may be necessary and appurtenant to the cable television system. In addition, this right, prii- -ilege and franchise shall extend to 1 s� 1.: property rented or leased from other persons, including but not limited to any public utility or other grantee, franchisee or permittee, in order to do business in the delineated portions of the unincorporated areas of the county. The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the county and no other purpose whatsoever. The term of this franchise shall commence upon the acceptance of this franchise by the grantee, as provided in Section VI of,the ordinance and shall terminate at midnight, February 24, 1996. Delineated Franchise Areas 1• Area I: Homes which now exist or may be constructed fronting any portion of Saddle Drive, Horseshoe Road, Big Fork Road or Fox Drive. 2• Area II: Homes which now exist or may be constructed fronting any portion of Pascal Way, Wilhelm Drive, Montvale Road, Osborne Place and Kerley Road from its intersection with Cornwallis Road to its intersection with Mt. Sinai Road. 3. Area Iii: A limited franchise solely to construct, erect, operate, and maintain in, upon, along, across, above, and over the following streets or roads within Orange County all necessary cables and other equipment and facilities to serve areas within Durham County located east of the boundary line between Orange County and Durham County: Craig Road where it lies within Orange County between Bivins Road and Saddle Drive. 2 Section II. Renewal. The franchise may be renewed for an additional period of ten (10) years upon terms satisfactory to both the county and the grantee. Section III. Nonexclusive. The franchise shall be nonexclusive, and the county reserves the right to grant similar franchises to any person or persons at any period during the present franchise or any extension thereof. Section IV. Construction of system. Grantee shall obtain the proper permission and authority from the North Carolina Department of Transportation, or other agency of competent jurisdiction, and where appropriate, private land owners before any cable or other equipment necessary and appurtenant to the cable television system may be placed within any street or road. All highways, roads, streets, sidewalks, avenues, alleys, bridges and other public and private places that may be disturbed or damaged in the construction or maintenance of the cable television system shall be promptly repaired or replaced by the grantee at its own expense. All poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such manner as to comply with all federal and state statutes, county and other local ordinances and rules and regulations of the North Carolina Department of Transportation, or 3 ' a other agency of competent jurisdiction. All such units of government and governmental agencies with approval authority over the construction and maintenance of the CATV system must appx;ove the construction and maintenance. All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads, and -minimum interference with the property rights of property owners adjoining said streets or roads. Such facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with proper use of said streets or roads, and no interference with the property rights of owners of property adjoining said streets or roads. In the event the grantee shall fail to replace or repair any of said public and private facilities within ten (10) working days after written notice to do so from the county manager, the same may be replaced or repaired by the proper authorities of the county, and in that event, the grantee shall forthwith pay to the county the cost of such work. Section V. Relocation of facilities. In the event (at any time during the franchise period or any extension thereof) the county, the North Carolina Department of Transportation or any other unit of government or public agency, by reason of traffic conditions, street closing, or highway or street construction changes in or the establishment of.any street grade, the installation of sewers, drains, water pipes, power 4 lines, signal lines, or any type of structure or improvement, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other place any of its properties, owned or leased, upon reasonable notice by the agency involved in the work. The county, the North Carolina Department of Transportation or any other unit of government or agency shall not be liable for any disturbanoe of the grantee's installation resulting therefrom. The grantee shall carry out instructions and directions of the North Carolina Department of Transportation District Engineer or his designee whenever, it is necessary to raise or remove any of the grantee's wires or cables temporarily for the purpose of moving or removing structures on the public streets or roads of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working order, and where necessary, with the prior approval of the appropriate public or private agency and person. As between the county and the grantee, all actions herein required to be performed shall be performed at the expense of the grantee and the grantee shall hold the county free and harmless from all damages or claims for damages, including attorneys fees and other litigation expenses necessary to defend any such claim, arising from such actions of the grantee. Copies of all joint use of poles and right -of -way agreements and encroachment agreements which authorize grantee to use poles and right -of -ways within the unincorporated areas of the county shall be provided to the cou-ity manager within thirty days of 9 acceptance by the grantee of this franchise and thereafter within thirty days of their acquisition. Section VI. Ordinances applicable. The grantee shall be subject to all laws and ordinances relative to the use of all public facilities, relative to cable television systems and operations, and where appropriate, planning ordinances, policies and procedures. The grantee is relieved of the requirement to post a corporate surety bond in the amount of $50,000 to guarantee the timely construction and full activation of its cable television system which requirement is contained in Section XIV(f) of the Orange County Cable Television System Ordinance. The grantee is relieved of the requirement that it deposit with the County Manager a letter of credit from a financial institution in the amount of $10,000 which requirement is contained in Section XIV(g) of the Orange County Cable Television Ordinance. The grantee's obligation to pay to Orange County a sum of money sufficient to reimburse it for expenses incurred by it in connection with the granting of this franchise is limited to a maximum of $1,000 (see Section XIV(h) of the Orange County Cable Television Ordinance. Section VIZ. Location maps. The grantee agrees to maintain in the office of the Orange County Manager copies of all maps showing the location of all N. wires, cables and other fixtures situated within the unincorporated areas of the county. Section VIII. Hold harmless. The grantee, its successors and assigns, shall indemnify and save harmless the county, its officers and employees as expressly provided in Section XIV of the ordinance. Section IX. The system and its operation. A. Except as otherwise required by this franchise or unless otherwise required by the ordinance, grantee agrees to build and operate a cable television system in the delineated portions of the unincorporated areas of the county. The documents describing "technical synopsis," "subscriber network," "quality customer service," "service management system," "service response," and "preventive maintenance" included with the September 7, 1989 proposal of grantee have been examined and approved by the county. They are attached to this franchise as exhibits and incorporated herein by reference. The grantee, by its acceptance of this franchise, acknowledges that any such standards which exceed FCC requirements are freely offered by grantee. These standards shall apply to all CATV service and new construction within the county. Grantee shall demonstrate to the satisfaction of the county manager that its system meets the minimum technical standards offered in its September 7, 1989 proposal and prescribed in this franchise by providing test results from tests performed at the 7 terminus of its system within Orange County along its system. These tests shall be performed periodically at the request of the county manager. Random testing shall result in the entire system being tested every three months. B. The following construction practices shall be followed: 1. Saq. To avoid or at least minimize the danger of cable breaks, grantee shall specify that TV cables shall sag at least as much as the telephone cable below it, and should never be allowed to sag less than 1% of the spanned length. Preferred sag will be 1.5% to 2% (22 -30 inches in a 125 -foot span). 2. Sleeved connectors. To minimize interference due to signal infiltration from mobile transmissions, CB, amateur transmissions and strong local TV signals, connectors with integral internal sleeves will be used. 3. Connector seals. Cable splices and housing connectors shall be sealed against moisture either by properly applied shrink tubing, or by means of sealant tape such as Bi -Seal, or Aqua -Seal or equivalent. 4. Lightening and power surge protection. The following, or its equivalent as certified to the county by a qualified engineer, shall be done to provide lightening and power surge protection. Adequate grounding, at the first, last and every tenth pole, and at every repeater or power supply location shall be installed. Adequate bonding to telephone strand and electric neutrals shall be done. Careful attention shall be given to the proper use of surge protection devices, resetting circuit breakers, 0 and gas ionization devices to protect equipment and maintain service during abnormal power situations. Particular attention shall be given to the regulated do power packs at repeater stations through the use of adaptive regulator circuits, surge protection modules, transient absorbing diodes, or 3- terminal regulator hybrid specially designed to provide current limiting, thermal overload protection, and maintain operation within safe limits. 5. Installation standards. Each subscriber shall have a separate drop from the residence to the Feeder Line. Buildings with more than four units may be treated as apartments. Installation methods shall be explained to all subscribers. Drop lines, when installed, shall not be spliced. Repairs to drop lines may be made by splicing providing the splice is moisture sealed using shrink tubing, sealant tape such as Bi -seal, Aqua -seal or equivalent. All installation standards and practices shall be "state --of -the- art." All installations shall be done in a workman- like manner using "state -of -the -art" techniques and "state- of -the- art" materials. 6. Construction manual. Grantee shall provide its construction crews and any contract construction company with a construction manual detailing each stage of the construction process. A copy of this construction manual shall be provided to the county manager before construction commences. Any comments and recommendations made by the county manager concerning this manual shall be considered by grantee and if necessary to meet the requirements of the franchise or the ordinance, the manual shall be revised by the grantee. All installations shall be supervised and inspected by grantee's engineers. C. Channel capacity and system design. Grantee shall install and maintain a "state -of -the -art" system and abide by all reasonable requests of the county to upgrade the system. Without limiting the generality of this requirement: 1. All new construction of plant in the unincorporated areas of the county shall be 400 MhZ capable and be two -way capable. 2. Grantee shall operate its existing plant in the county and all new plant in the county in accordance with the technical synopsis and subscriber network exhibits to this franchise. Grantee shall upgrade its entire system within the unincorporated areas of the county contemporaneously with any upgrade of its Durham County franchised system. Grantee shall immediately notify the county manager of any plans it has for upgrading or any Durham County franchise required upgrade. 3. Grantee shall provide a trouble feed -back system which allows the monitoring of all active elements of all Main Trunk Cable of the system. Grantee may satisfy this requirement in one of two ways: (1) it may, within 18 months of its acceptance of this franchise, install and activate bi- directional capacity in the Main Trunk Cable of its system or, (2) it may immediately provide service to subscribers along all Main Trunk Cable at such intervals as will provide a "trouble feed -back system" in effect activated by subscriber calls in the event of system failures which 10 is comparable in terms of reliability to an activated bi- directional feed -back system. In the event grantee elects to utilize a subscriber "trouble feed -back system" it must provide the necessary service to subscribers without regard to the system extension requirements contained in this franchise and, if necessary in order to obtain their subscriptions, at no cost to the subscribers that are part of the , "trouble feed -back system." 4. Grantee shall design and operate its system so that it has interconnect compatability to share programming with any existing franchised cable operator within the unincorporated areas of the county and provide verification to the satisfaction of the county manager of this compatibility. Section X. Programming and Access. A. Grantee shall provide at least one public service and /or access channel. This channel shall be reserved for and used for such things as community billboard, local origination programming and educational access programming other than PBS. B. Grantee shall provide a local origination studio, together with the necessary equipment and personnel, to enable members of the public to create and broadcast programming. Grantee may satisfy this requirement to provide local origination studio and necessary equipment and personnel by contracting with a third party. However, the responsibility to provide the local origination studio and necessary equipment and personnel is that of grartee. Air time shall be provided free of charge to everyone 11 except "for - profit" entities and declared political candidates. Fees may be charged for equipment and labor supplied by grantee in assisting persons in developing programming, except that no charge shall be made for live studio cable casts of five minutes or less by public access users or for the broadcasts of such special events as are designated by the board of commissioners of the county. C. Grantee shall make its local origination and public access channel programming available to any other franchised cable operator in the county at the time that cable operator makes its local origination and public access channel programming available to grantee. Grantee shall carry any other franchised cable operators local origination and public access programming when it becomes available to grantee. Grantee shall not be required to carry such programming if it is commercially sponsored. Any charge made by grantee to another franchise cable operator as a price for grantee making its local origination and public access channel programming available shall be commercially reasonable and shall be at no charge provided the other franchise cable operator provides its local origination and public access channel programming available to grantee at no charge. Section XI. Effective date. Subject to the provisions of Section VI of the ordinance, this franchise shall become effective on the date on which grantee files the acceptance, bonds, fees and expenses, and proof of insurance required by the ordinance. 12 First Reading. The foregoing ordinance received the following vote and was duly adopted this 5th day of November , 1990: Ayes: Commissioners Moses Care y. Jr. Stephen Halkiotis John Hartwell Shirl Marshall and Don Willhoit Noes: Absent or Excused: Second Reading. The foregoing ordinance received the following vote and was duly adopted this 20th day of Novembdr , 1990: Ayes: Commissioners Moses Care Jr. Stephen Halkiotis John Hartwell Shirl Marshall and Don Willhoit Noes: Absent or Excused: 13 COLEMAN, BERNHOLZ, BERNHOLZ, GLEDHILL, HARGRAVE & HERMAN ATTORNEYS AT LAW THE LAW BUII..DING 129 EAsr TRYON STREET POST OFFICE DRAWER 1529 HILLSBOROUGH, NC 27278 TEL: 919 - 732 -2196 919 -942 -8000 FAX: 919 -732 -7997 July 26, 19 91 SUITE Sao, THE CENTER 1506 EAST FRANKLIN STREET CHAPEL HILL, NC 27514 TEL: 919929 -7151 FAX: 919 -929 -3892 ALONZO B. COLEMAN. JR. STEVEN A. BERNHOLZ ROGER B. BERNHOLZ GEOFFREY E. GLEDHILL DOUGLAS HARGRAVE G. NICHOLAS HERMAN Mr. Bill Shaw KIM K. DUTTON eneral manager JANET B. UTfON g JOHN D. LOFTIN Cablevision of Durham OfCounwl 708 East Club Boulevard BONNER D. SAWYER Durham, North Carolina 27704 0902 -1972) Dear Bill: Per your July 22, 1991 request, enclosed are copies of the documents provided to you on January 22, 1991 regarding Orange County's franchising of Cable- vision of Durham. One of the documents is an Ac- ceptance of Franchise which must be completed by Cablevision of Durham, Inc. Please return to me the completely executed Acceptance of Franchise document along with the other documentation requested in my January 22, 1991 letter. Upon receipt of everything required, the documentation will be filed with the Orange County Manager. That filing date will be inserted in the Acceptance of Franchise when it occurs. A copy of the Acceptance of Franchise indicating the date it is accepted and filed will be provided to Cablevision of Durham thereafter. With best personal regards, I am Very truly yours, frey ?,. Gledhill GEG /lsg Enclosures xc: Albert Kitt ell t-` bl¢ vision, 708 East Club Blvd. Durham, North Carolina 27704 Mr. Albert Kittrell Assistant Orange County Manager' Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Albert: -e RECEIVED -1 PjV 2 1 1990 (919) 477 -427JJ7 -7-Zb -I / November 19, 1990 Last week we had our attorneys review the franchise document to ensure all bases were covered. They felt everything was covered but recommended that a letter be drafted by Orange County to clarify section X (Programming and Access). We wish to confirm that the facilities we currently are providing will fulfill this section. We currently provide a new state of -the -art Community Programming Studio at 708 E. Club Blvd., Durham. The new studio facility includes a separate lobby for community programming users, set storage area, rest rooms, a green room, snack room, and a specifically designated parking area. The studio is 800 square feet with rounded corners and the control room is 250 square feet. Additionally we have 2 editing suites and a tape library storage area. Cablevision provides 3 portable cameras and decks for remote shoots as well as lighting equipment, etc. We also provide a community programming channel on 8 for local access users to cablecast their programs to the community. If you have any questions regarding the above please contact me at (919)477 -3599. cc: Jeff Gledhill 1/ BS90:028 Sincerely, Bill Shaw Area Manager ff]C"DUf?H 0FMW"NEWA .COLEMAN, BERNHO( , BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW 129 E. TRYON STREET P.O. DRAWER 1529 HILLSBOROUGH, NC 27278 919 - 732 -2196 919 -942 -8000 FAX 919 - 732 -7997 CHAPEL HILL OFFICE SUITE 300, THE CENTER 1506 E. FRANKLIN STREET CHAPEL HILL, NC 27514 919- 929 -7151 FAX 919- 929 -3892 ALONZO B. COLEMAN, JR_ STEVEN A. BERNHOLZ ROGER B. B£RNHOLZ GEOFFREY E. GLEDHILL DOUGLAS HARGRAVE G. NICHOLAS HERMAN KIM K. STEFFAN JOE L. WEBSTER TERRY G. HARN JANET B. DUTTON Of Counsel BONNER D. SAWYER (1902 -1972) r January 22, 1991 Mr. Bill Shaw General Manager Cablevision of Durham_ 708 East Club Boulevard Durham, North Carolina 27704 RE: Cable T.V. -- Cablevision of Durham Delineated Franchise 4 Dear Mr. Shaw: Enclosed is a copy of the cable t.v. franchise ordinance approved on second reading by Orange County November 20, 1990 together with an Acceptance of Franchise document which should be completed by Cablevision of Durham and returned to me as soon as possible along with the proofs of insurance, bonds and so forth required by the Cable Television Ordinance as modified by the franchise. Upon receipt, fully executed, the acceptance will be attached to and become a part of the franchise to Cablevision of Durham. Please also provide, on behalf of Cablevision of Durham, the information required in Section V(a) and V(f) of the Orange County Cable Television System Ordinance. Please provide this ownership information to me with your fully executed Acceptance of Franchise. Note that Section XIII of the Orange County Cable Television System Ordinance provides for a "5% of gross receipts" annual privilege fee along with reporting requirements related to that fee. Please coordinate with the Orange County Manager's office on providing this annual fee and the reporting information required. In response to your November 19, 1990 letter to Albert Kittrell, a copy of which is enclosed, the facilities described in the letter satisfy the facilities requirements contained in Section XB of the franchise ordinance approved by the Orange County Board of Commissioners on November 20, 1990. Finally, enclosed are copies of our statements to Orange County showing total fees and expenses to the County of in excess of $1,000.00. Please send your i Mr. Bill Shaw Page 2 January 22, 1991 remittance in the amount of $1,000.00 to me by check payable to' Orange County with the executed franchise acceptance documentation. Very truly yours, Frey ledhill GEG /lsg Enclosures xc: Albert Kittrell 9 VA CHARGES FOR SERVICES: 18.7°5 *` � REIMBURSABLE EXPENSES: .00 *. ` � TOTAL NEW CRARGES: 18.75 *� BALANCE DUE ON MATTER: /8^?5 + ?5 "Oo + /m"75 + lu8 "75 + 3S}^75 + lS?"5o + 37"5o + ' 2 25°OU + 26 "o5 + 1,151°25 T � r ---- EDHILL Ton AT -Msbarough, North Carolina 2727C "Orange County BILL DATEc 11/03/89 Orange County Finance Dept. BILLED THRUs 10/30/ag 109 Court St., P. 0. Box 8191 NUMBER% 001. Hillsbarouoh, N.C. CLIENT: HO19 27278 MATTER: 115 REc Cablevision of Durham franchise request PAGE: BALANCE BROUGHT FORWARD $ ..00 RECEIPTS SINCE LAST BILLs (none) BALANCE BEFORE NEW CHARGES: .0 . 0 *91 PROFESSIONAL SERVICES RENDERED: ' 09/28/89 BEG Cable T. V. - Durham Cablevision - tel. 18.75 � � conf; w/Asst. Co. Mgr. re: County's response to proposal ' ( .25 HRS) 9 VA CHARGES FOR SERVICES: 18.7°5 *` � REIMBURSABLE EXPENSES: .00 *. ` � TOTAL NEW CRARGES: 18.75 *� BALANCE DUE ON MATTER: /8^?5 + ?5 "Oo + /m"75 + lu8 "75 + 3S}^75 + lS?"5o + 37"5o + ' 2 25°OU + 26 "o5 + 1,151°25 T � r Y. 1LEMAN. BERNHOLZF BERNHOLZ,, 15, 0 0 - __EDHILL & HARGRAVE Off ice Drawer 1529 -9 East Tryon Street Hillsborough, North Carolina Orange County Orange County Finance Dept. 109 Court St., P. O. Box ale, Hillsborough, N.C. 27278 BILL DATE% 12/01/89 BILLED THRU: 11/27/89 NUMBER: ..002 CLIENTz H019 NATTER: 1115 RE: Cablevision of Durham franchise request PAGE-. 1 BALANCE BROUGHT FORWARD: RECEIPTS SINCE LAST BILL: (none) $ 18.75 BALANCE BEFORE NEW CHARGES: $ 18.75 PROFESSIONAL SERVICES RENDERED: 11/15/89 GEG Durham Cable T.V. - m-tg. w/Asj:j-t,. Co. Mgr. and Norm-,A1,1 Vagel re: Durham's 75.00 proposal I «00 11RS) C.1••loRGES FOR SERVICES". 75.00 RE.111BURSABLE 1:7Xr:,r: :j,jsj:7S._ k .00 TOTAL NE-W CHARGES .- 75. 00 DAI AIACE DUE ON MATTER: 93-75 8.--7 5 'Z& ANJ BER"HOLZ, BERNHOLZ, 75 T, IHILLA HARPRAVE ,t 01tQqDrawee- 1529 t . .. ... 7 wVQjKTryM p Strom 1- ,iiibt?846ii North Carolina F7. Orange County Orange County Finance Dept. 109 Court St., P. 0. Box 8181 Hillsborough, N.C. 27278 BILL DATE: 01/30/90 BILLED THRU: 01/26/90 NUMBER: 003 CLIENTz 1-1019 - MATTER: .115 RE: Cab levision of Durham franchise request PAGE c I BALANCE BROUGHT FORWARD: RECEIPTS SINCE LAST BILLg - 12/06/89 00000000 12/15/89 00000000 BALANCE BEFORE NEW CHARGES: PROFESSIONAL SERVICES RENDERED: 01/11/90 BEG Durham Cable TV Assistant Ngr.p Mgr. re: status .25 HRS) CHARGES FOR SER - review letter from tel. con. w/Assistan-t J10ES:: REIMBURSABLE EXPENSES:: i TOTAL BALANCE DUE ON MATTE• $ 93.75 18.75 75.00 $ 00 - 00 Y./ ~ ' �~- x~' 16M°75 + ` ' EMAN» BERNHOLZ, BERNHOL� " / 'zADH%LL & HARORAVE ` 1 aa°75 r D. Drawer -1529 E. Tkyan Street lsbornnughn North Carolina - ' --- Orange County Orange County Finance DeAt- 109 Court St., P. O. Box 8181 Hillsborough, N.C. 27278 BILL DATE: 03/28//9{) BILLED THRU: 03/28/90 NUMBER: 004 CLIENT: H019 MATTER: 115 RE: Cablevision of Durham franchise request PAGE: 1 BALANCE BROUGHT FORWARD: RECEIPTS SINCE LAST BILL: 02/26/90 00000000 $ 18~75 � 18.75 ( | BALANCE BEFORE NEW CHARGES: | $ .00 ** � PROFESSIONAL SERVICES RENDERED: � ' 03/O2/90 BEG Durham Cable T.V. - mtg. w/Cty' Mgr' � and Asst, Cty. Mgr. re: response to 75 ^ 0O � proposal ( 1.00 HRS) 03/15/90 BEG Cable T.V. - Durham CabIevision - mtg.. w/Carolzna Cable concerning its inten- ^ 93.75 tions along Orange-Durham County line � ( 1.25 HRS) « CHARGES FOR SERVICES: 168.75 * REIMBURSABLE EXPENSEQ ° .O0 * TOTAL NEW CHARGES: ============ 168.75 ** BALANCE DUE ON MATTER: I: 75 + _3 1-5 EMAN, BERNHOLZ, BERNHOLZ, - HARGRAVE Q;Oj�pr4wer 1129 -Tryon Street HAIjbirough, North. Carolina Orange County Orange County Finance Dept. 109 Court St., P. 0. Box 818l Hillsborough, N.C. 27278 BILL DATE: 08/05/90 BILLED THRU: 07/27/90 NUMBER: 006 CLIENT: H019 MATTER: 115 RE: Cablevision of Durham franchise request PAGE: I BALANCE BROUGHT FORWARD: RECEIPTS SINCE LAST BILL: 05/14/90 00000000 BALANCE BEFORE NEW CHARGES: PROFESSIONAL SERVICES RENDERED: 07/23/?0 BEG Cable T.. V. - Durham Cable - review files for determination of extent of delineat- ed franchise; review maps supplied by Durham Cable .75 HRS) 07/24/90 BEG Cable T.V. - Durham Cablevision prepare franchise ordinance; prepare Cable T.V. ordinance amendments; letter to Aspt. Cty. Mgr. 2.50 HRS) 07/25/90 BEG Cable T.. V. -'Durham Cablevision - draft & revise: Cable T.V. ord. amendment; tel. can. w/Durham CAblevision Mgr.; letter to Durham Cablevision Mgr. 2.00 HRS) CHARGES FOR SERVICEQ REIMBURSABLE EXPENSES:: TOTAL NEW CHARGES2 $ 168.75 168-75 .60 56.25 187-50 150.00 393.75 * . 00 * 393.75 BALANCE DUE ON MATTER: $ 393.75 **3 r its oil S - - - - - - - - - - - - I Z'. ' -5 ,MAN;, N, BERNHOLZ, BERNHOLZ, ........... ILL HARGRAVE T7 Q�Prawar 1529 E. ArjoQ Street n"m t Isboroud h,- North Carolina 27278 -Orange County BILL DATE: 09/10/90 Orange County Finance Dept. BILLED THRU: 08/31/90 109 Court St., P. 0., Box 8181 NUMBER: 007 Hillsborough, N.C. CLIENT: H019 27278 MATTER: 115 RE: Cablevision of Durham franchise request PAGE: I f. BALANCE BROUGHT FORWARD: $ 393.75 RECEIPTS SINCE LAST BILL: (none) BALANCE BEFORE NEW CHANGES: <y 393.75 PROFESSIONAL SERVICES RENDEREDg 08/02/90 GEG Cable T.V. - Cablevision of Durham -- review Agenda Abstract; prepare amend--- ment to franchise ordinance 1.00 HRS) 08/03/90 GEG Cable T.V. - Cablevision of Durham -- revise franchise amendment; tel. con-f`.. W/Cty. Mgr.. 50 1-IRS) t 08/29/90 GEG Cable T.V. - Alert Cable - tel.., con. w/Alert staff and Asst. Cty. Mgr. re-, proposed Durham Cablevision 1.00 HRS) CHARGES FOR SERVICES: REIMBURSABLE EXPENSES: TOTAL NEW CHA•GE% 75-00 37.50 75-00 187. 50 * .00 * 187. 50 BALANCE DUE ON MATTER: $ 581.25 K� 5 0 IMAN, BERNHOLZ, BERNHOLZ, 50 T EDHILL &HARGRAVE NOT Hil1sbbr9UgQjjQth Carolina Orange County BILL DATE: 10/08/90 Orange County Finance Dept. BILLED THRU: 09/29/90 109 Court St., P. 0. Box 8181 NUMBER: 008 Hillsborough, N.C.- CLIENT: H019 f 27278 MATTER; 115 REi- Cablevision of Durham franchise request BALANCE BROUGHT FORWARD: RECEIPTS SINCE LAST BILL: 09/18/90 00000000 BALANCE BEFORE NEW CHARGES: PROFESSIONAL SERVICES RENDERED: 09/21/90 GEG Cable T.V. - Durham Cablevision - - mtg.. w/Ass•. Co. Mgr. res status a-f franchise .50 HRS) CHARGES FOR SERVICES: REIMBURSABLE EXPENSES;; t TOTAL NEW CHARGESg PAGE: I $ 581-25 :393.75 $ 187.50 37.50 37. 50 .00 * 37.50 01',, BALANCE DUE ON MATT•R:: $ - 225.00 K.lz .22 5 00 t .4tEMAN, BERNFIOLZ NHOLZ, GLEDHILL & HARGRAV.- 0 01 1 0. Drawer 1,1529 -2 -00 2 5 T -19.'E. Tryon Street i.,11sbol-OUgh, North Carolina 1 27278 L 7 01-ange COUnty BILL DATE: ix/05/90 Orange CoUl••y Finance Dept. ' BILLED THRU: 10/26/90 ()9 COUrt St., P. 0. Box f�)jej NUMBER: HjJ1SL)01•_0L(gh, i%I.C. 009 27278 CLIENT: H0119 MATTER 115 RE: Cablevision Of DUrh,,-;,jr, -franchise request PAGE." J. BALANCE BROUGHT FORWARD: RECEIPTS SINCE LAST BILL: (none) $ 225.00 BALANCE DEFOI�E NEW CHARGES: $ 225. 00 *: ) PROFESSIONAL SERVICES RENDEI-_�ED.- 10/09/90 GEG Cal)le T„V. -- DUri'Mull C.xb.le - fjitg.. W/ 75. 00' Asst. Co. jrigr. and Durharij Cq1j:),1.e j•jgr. franchise! 1.00 1-1m,3) 10/11/90 GEG .-Cable T. V. - review and revise pro- posed - fraftch i's e - -or-d'. :'for Durham Cable; prepare amendment to Cablevision Ord.; :150.0 _0_ -:1-etter-S---to, Durham..-,-&i.Asst. Co. Mgr. .0 HR S CHARGES FOR SERVICES: REIMBURSABLZ EXPENSES: 22-5.00 * .00 * TOTAL NEW CHARGES: 225.00. ** BALANCE DUE ON MATTER: 450.00 -!'oA01_Z, GLEDP41LL & HARGRAVE 26-25 T. 0. Drawer 1529 E. Tryon Street -ij-11sbormtgh, North Carolina 27278 Orange County Orange County Finance Dept. 109 cmtrt St.v P. 0., Box 8181 HillsborMtgh, N.C. 27278 RE: Cablevision of DUrhaln franchise reqUeLSt BILL-DATE: 12/1.2,,0,9() BILLED THRO: 11/29/90 NUMBER; 011. CLIENT: 1101.9 MATTER: 1115 PAGE: I BALANCE: BROUGHT FORWARD: RECEIPTS SINCE LAST BILL: (none) BALANCE BEFORE NEW CHARGE:S: PROFESSIONAL SERVI(.',I:---S RENDED-WD: 10/31/90 GEG Cable T.V. - Cablevision of Durham - letter to Cablevision of Durham rF_-.- f ran c h i Fie 10 U-1 R IS 11 1. 9/90 GEG Cable Television - Cablevision of DL(rhikfn -- tel. con. w/Area Manager; review letter re: local origirla-tiol., programming .25 HRS) (:',HARGES FOR, SERVICES: REIMBURSABLE EXPEN)ES: 0 TOTAL NEW CI-40IRGES: BALANCE DUE ON MATTER-. 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