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HomeMy WebLinkAboutAgenda - 01-07-1991` ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL MONDAY, JANUARY 7, 1991 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE OLD COUNTY COURTHOUSE CLERK'S OFFICE. HILLSBOROUGH, 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. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Purchase of New Fire Truck -- Orange Rural Fire Department No. 1, Inc. B. Employee Assistance Program Contract C. Employment Agreement -- Orange Community Housing Corporation V1.' RESOLUTIONS /PROCLAMATIONS VII. SPECIAL PRESENTATIONS VIII. PUBLIC HEARINGS IX. REPORTS A. Status Report -- Research Triangle Regional Public Transportation Authority B. Alternative Sewage Treatment Systems C. Report on Preliminary Award -- Community Development Block Grant X. ITEMS FOR DECISION -- REGULAR AGENDA XI. APPOINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION XIV. ADJOURNMENT ( *) Indicates items that need immediate attention. 01 04 1 APPROVED 1122/91 MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 REGULAR MEETING 4 JANUARY 7, 1991 5 6 7 The orange County Board of Commissioners met in regular session 8 on Monday, January 7, 1991 at 7:30 p.m. in the Courtroom of the Old 9 Courthouse, Hillsborough, North Carolina. 10 11 BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice -Chair 12 Stephen Halkiotis, and Commissioners Alice M. Gordon, Verla C. Insko and 13 Don Willhoit. 14 15 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill 16 17 STAFF PRESENT: County Manager John M. Link, Jr., Assistant 18 County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, 19 Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, 20 Purchasing Director Pam Jones, Health Director Dan Reimer, Planners 21 Emily Crudup, Mary Scearbo, and David Stancil, County Engineer Paul 22 Thames and Environmental Health Personnel Tony Laws, Ron Holdway and Tom 23 Konsler. 24 25 NOTE: All documents referenced in these minutes are in the permanent 26 agenda file in the Clerk's Office. 27 28 29 I. BOARD COMMENTS 30 Commissioner Halkiotis informed the Board of five recent deaths 31 in the County. He asked that a resolution for Jay Thomas, the first 32 fatality of Operation Desert Shield from Orange County, be written for 33 a future meeting. 34 Commissioner Gordon referred to the County Commissioners' retreat 35 of December 8th, and made a statement which is stated in its entirety 36 below. 37 "At the annual Board of Commissioners' Goal Planning Retreat on 38 December 8, I presented several goals which I believe were adopted by 39 consensus. 40 41 BUDGET 42 43 Increase efforts to promote efficiency and savings in Orange Count 44 governmental operations 45 A. Identify Rositive incentives for savings in ongoing ro rams 46 funded in the continuation budgets of county departments and 47 also outside units receiving county funding. 48 All units should be encouraged to phase out older, less 49 productive programs and to identify more effective 50 methods of delivering services. 51 52 F7 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL MONDAY, JANUARY 7, 1991 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE OLD COUNTY COURTHOUSE CLERK'S OFFICE. HILLSBOROUGH, 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 MANAGERS 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. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Purchase of New Fire Truck -- Orange Rural. Fire Department No. 1, Inc. B. Employee Assistance Program Contract C. Employment Agreement -- Orange Community Housing Corporation VI. RESOLUTIONS /PROCLAMATIONS, VII. SPECIAL PRESENTATIONS VIII. PUBLIC HEARINGS IX. REPORTS A. Status Report -- Research Triangle Regional Public Transportation Authority B. Alternative Sewage Treatment Systems C. Report on Preliminary Award -- Community Development Block Grant X. ITEMS FOR DECISION -- REGULAR AGENDA XI. APPOINTMENTS XIx. MINUTES XIII. EXECUTIVE SESSION XIV. ADJOURNMENT ( *) Indicates items that need immediate attention. 1 1 APPROVED 1122191 MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 REGULAR MEETING 4 JANUARY 7, 1991 5 6 7 The Orange County Board of Commissioners met in regular session 8 on Monday, January 7, 1991 at 7:30 p.m. in the Courtroom of the Old 9 Courthouse, Hillsborough, North Carolina. 10 11 BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice -Chair 12 Stephen Halkiotis, and Commissioners Alice M. Gordon, Verla C. Insko and 13 Don Willhoit. 14 15 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill 16 17 STAFF PRESENT: County Manager John M. Link, Jr., Assistant 18 County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, 19 Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, 20 Purchasing Director Pam Jones, Health Director Dan Reimer, Planners 21 Emily Crudup, Mary Scearbo, and David Stancil, County Engineer Paul 22 Thames and Environmental Health Personnel Tony Laws, Ron Holdway and Tom 23 Konsler. 24 25 NOTE: All documents referenced in these minutes are in the permanent 26 agenda file in the Clerk's Office. 27 28 29 I. BOARD COMMENTS 30 Commissioner Halkiotis informed the Board of five recent deaths 31 in the County. He asked that a resolution for Jay Thomas, the first 32 fatality of Operation Desert Shield from Orange County, be written for 33 a future meeting. 34 Commissioner Gordon referred to the County Commissioners' retreat 35 of December 8th, and made a statement which is stated in its entirety 36 below. 37 "At the annual Board of Commissioners' Goal Planning Retreat on 38 December 8, I presented several goals which I believe were adopted by 39 consensus. 40 41 BUDGET 42 43 Increase efforts to Rromote efficient and savings in Orange Count 44 governmental o erations 45 A. Identify RoiTitive incentives for savings in ongoing programs 46 funded in the continuation budgets of county departments and 47 also outside units receiving county funding. 48 All units should be encouraged to phase out older, less 49 productive programs and to identify more effective 50 methods of delivering services. 51 52 K 1 Note: My second suggestion, that the county consider the use of zero 2 based budgeting in some or all departments during the next fiscal year, 3 was not adopted. Adopting the suggestion requires more effort because 4 it involves starting each unit's budget at zero and evaluating all the 5 programs to see if they should receive funding. 6 7 GROWTH MANAGEMENT 8 9 Promote effective long range Planning by c0mRiling information which 10 gives an overall Rerspective on growth and develo ment 11 12 A. Provide an infrastructure Im act Statement for each new 13 development in the county's jurisdiction 14 Each subdivision or other development utilizes some of 15 the capacity of the infrastructure, e.g. roads, parks and 16 recreation, and schools. For each development, the staff 17 would produce an Infrastructure Impact Statement which 18 would specify the extent to which a given development 19 utilizes some of this infrastructure capacity. 20 21 B. Work with Cha el Hill Carrboro and the-Chapel Hill - Carrboro 22 school system to Provide a School Capacity impact Statement 23 for the Chapel Hill- Carrboro schools 24 The staff would work with these jurisdictions to obtain 25 relevant information for new developments in the city 26 school district so that the county can track the capacity 27 utilization in that district. 28 29 C. Provide a Fiscal Impact Statement for each develo ment in the 30 county's jurisdiction 31 For each new development, the staff would produce a 32 Fiscal Impact Statement which specifies the anticipated 33 tax revenues projected for a development as well as the 34 projected cost of services and capital improvements to 35 be required by the development. 36 37 Commissioner Willhoit made reference to the day care issue. He 38 will provide a report for the first meeting in February on this 39 situation. He feels that the State should assist the day care centers 40 with funds until the Federal dollars are received. He asked that the 41 day care allocations to each center be reviewed. 42 Commissioner Insko asked that the report include how Orange 43 County compares with other Counties in providing for day care. 44 John Link indicated that the Day Care Task Force will be making 45 a request for money in February. At that time, Marti Cook will describe 46 the methodology by which day care is provided in the County and the 47 sources of funding. 48 49 II. COUNTY MANAGER'S REPORT 50 County Manager John Link gave a report on the Paul Scurlock 51 zoning situation. 52 L 3 1 Planner Jim Hinkley reported that as of 3 :55 p.m. this afternoon 2 that the property is still not in compliance. 3 Motion was made by Commissioner Halkiotis, seconded by 4 Commissioner Insko to proceed with the demand for civil penalties 5 against Mr. Scurlock for a zoning violation. 6 VOTE: UNANIMOUS 7 8 9 III. ADDITIONS OR CHANGES TO THE AGENDA 10 Item "B" was removed from the Consent Agenda and placed as item 11 "A" under Items for Decision. 12 13 Commissioner Gordon asked that the report on alternative sewage 14 treatment systems include a discussion on septic soil suitability and 15 ground water capacity. 16 17 IV. AUDIENCE COMMENTS 18 19 A. MATTERS ON THE PRINTED AGENDA - NONE 20 21 B. MATTERS NOT ON THE PRINTED AGENDA 22 Joyce Brown, citizen of Orange County and Chair of the Energy 23 Committee of the Conservation Council of North Carolina, read a written 24 statement which is in the permanent agenda file in the Clerk's Office. 25 In summary, she asked that certain materials be used by the County in 26 building a new human resources center in Southern Orange County. She 27 listed the advantages of using solar energy in this building. 28 John Kent, Chair of the New Hope Chapter of the National 29 Audubon Society Conservation Committee, stated that this group has 1200 30 members. He spoke in support of the statement made by Joyce Brown. He 31 feels that it is important that energy efficiency aspects are 32 incorporated into the new human services center. His Board supports 33 this effort. 34 Commissioner Insko asked that the next report on the new 35 Government Services Center address the list of items which are 36 appropriate for energy efficiency. 37 38 V. ITEMS FOR DECISION - CONSENT AGENDA 39 40 Motion was made by Commissioner Halkiotis, seconded by 41 Commissioner Insko to approve items A and C as stated below: 42 43 A. PURCHASE OF FIRE TRUCK FOR ORANGE RIIRAL FIRE DEPARTMENT 44 The Orange Rural Fire Department No. 1 was authorized to 45 conduct a public hearing at 7:30 p.m., January 24, 1991 at the 46 Hillsborough Fire Department building, 203 South Churton Street, 47 Hillsborough, NC for the purpose of receiving citizen comment on the 48 financing contract between orange Rural Fire Department No. 1, Inc. and 49 Central Carolina Bank. 50 51 52 4 1 B. EMPLOYEE ASSISTANCE PROGRAM CONTRACT 2 This item was removed from the Consent Agenda and placed as 3 item A under the decision items. 4 5 C. EMPLOYMENT AGREEMENT - ORANGE COMMUNITY HOUSING CORPORATION 6 The Board approved the execution of an employment agreement 7 with the Orange Community Housing Corporation and its new Executive 8 Director and authorized the Chair to sign the document on behalf of the 9 Board. 10 VOTE: UNANIMOUS 11 12 VI. RESOLUTIONSIPROCLAMATIONS - NONE 13 14 VII. SPECIAL PRESENTATIONS - NONE 15 16 VIII. PUBLIC HEARINGS - NONE I%. REPORTS A. STATUS REPORT - RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY Shirley Marshall, member of the Triangle Transit Authority, (TTA) reported that she has been appointed the official TTA liaison with the TAC. She made reference to the widening of NC54 to four lanes and stated that the TTA can help with possible solutions to transportation problems. She feels it important to look at the different needs in Orange County and work with the TTA for solutions. She made reference to the final report of the Transportation Improvement Plan of the Coordinated Area Transportation system. She feels that the TTA could assist with the public transportation part of that plan. When the Aging Board submits this report for Board adoption, she asked that the County formally request the TTA to assist the County in obtaining pilot money, grants, etc. The lack of transportation has been placed as a high priority by several committees and agencies. She stated that the DOT representatives for this district will serve as exofficio members of the TTA. She asked that pressure be put on these representatives to attend the TTA meetings. Their participation is important. She asked that the County Commissioners talk with their legislators about funding for the TTA. Jim Ritchie, General Manager of the TTA, stated that the Transit Authority is being formed with the intention of providing a service. They will need help and assistance from the governing boards. He will start by listening because each area in this Authority has different needs. They will listen and formulate public transportation solutions that are right for each of the various areas. He continued explaining how the TTA would formulate solutions by taking into account the diversity of the different areas. He asked that the Commissioners give the Transit Authority their ideas, observations and complaints. As land use zoning issues are considered, he asked that the Commissioners consider public transportation. 5 1 B• ALTERNATIVE SEWAGE TREATMENT SYSTEMS 2 This item was presented to provide and summarize available 3 information on the reliability of alternative sewage treatment 4 technology. 5 County Engineer Paul Thames presented information about the 6 Hazen & Sawyer Report on Alternative Treatment Systems. He distributed 7 a handout which listed a case study summary on alternative treatment 8 systems as well as conclusions and recommendations from the report. 9 Paul Thames explained that a small wastewater treatment 10 system, in terms of the report, range in size from 4,000gpd to 11 150,000gpd. This is the permitting size which is sometimes larger than 12 the size that is actually needed. 13 In answer to a question from Commissioner Gordon, Thames 14 explained that there are two kinds of discharge systems -- package 15 plants and septic tank /sand filter systems. The septic tank /sand filter 16 system has a conventional gravity septic tank which discharges into a 17 large container filled with sand. The liquid waste filters through the 18 sand and solids are removed. It also receives some additional treatment 19 from microbiological activity. The package treatment plant is a 20 prefabricated unit which uses many of the same treatment processes as 21 do larger municipal treatment plants such as Hillsborough's, OWASA's or 22 Durham's. 23 A discharging system discharges from a single point to the 24 surface waters. A nondischarging system can be spray irrigation onto 25 the surface of the ground or be injected by subsurface means. He 26 explained how the conventional septic system discharges into a 27 nitrification field. 28 Commissioner Halkiotis referred to a list of possible 29 problems which lead to violations of the operating permit and asked 30 about the validity of the statement that the technology of alternative 31 waste treatment processes is technically sound. Thames explained that 32 when a system is designed, the ultimate use of the system should be kept 33 in mind and that insuring the design is carried out as intended requires 34 that the designer monitor the construction to be sure it is constructed 35 correctly. What has happened is that the systems have been installed 36 without the designer monitoring construction. After the system was paid 37 for, the original design engineer was never involved again. The system 38 construction was turned over to the developer or contractor who had 39 other priorities for spending their money. The procedure now is that 40 all permits issued by the Division of Environmental Management require 41 systems to be designed by a professional engineer who must certify that 42 the system is built in accordance with the approved plans. In terms of 43 operation and maintenance, DEM looks at these systems once a year and 44 sometimes they don't even do that. On many systems when the maintenance 45 is neglected, they begin to fail. 46 Health Director Dan Reimer explained the proposed Monitoring 47 Program for alternative and conventional waste treatment and disposal 48 systems. He explained, with the use of overhead transparencies, seven 49 types of systems. He listed some of the responsibilities and the 50 department who has the authority for each of these seven systems and the 51 authority they recommend. 52 11 1 The County Commissioners questioned the report procedure used 2 by the State in their monitoring of these systems and asked that DEM be 3 requested to furnish copies of these reports to the Health Director. 4 Commissioner Gordon asked for some comparison data on all the 5 existing systems permitted by DEM in Orange County. This would include 6 how long they have been in existence, what the failure rate is, etc. 7 With regard to package treatment plants, Commissioner 8 Willhoit asked that a list be obtained of those systems which are self 9 monitored along with the monthly reports that have been submitted to 10 DEM to see if they are in compliance. The Health Department is not 11 aware of what happens to those reports or how they are processed. They 12 do know the location of all these systems. 13 Dan Reimer reported that there are 15,000 conventional 14 systems, 400 residential low pressure pipe systems, 20 engineered 15 systems, 40 non - single family dwelling systems, and six sludge disposal 16 sites in orange County. 17 Dr. Bob Rubin, North Carolina State University, reviewed the 18 history, technology and reliability of alternative waste treatment 19 systems. He explained that the design criteria are how big the pipe 20 must be and how much water you have to get from here to there. 21 Performance criteria are protecting public health and environmental 22 quality in the County. He stated that the systems need to be monitored 23 more than four times a year to determine if a system is operating 24 properly. There must be some reliability and efficiency function built 25 into the design criteria. Flexibility must be built into waste 26 treatment systems. It is costly to design a system properly and to 27 install the system properly. It is costly to monitor and maintain these 28 systems if it is done properly. The first thing done when a permit is 29 obtained from the state is that a request is made for a wasteload 30 allocation. That wasteload allocation tells the design engineer what 31 level of treatment is required and that level of treatment is determined 32 by the quality of the receiving stream. The next step is to identify 33 pretreatment processes that would meet those limits. The design 34 engineer would then develop for that client an operation and maintenance 35 manual. All the systems that discharge to surface water require a 36 certified operator. The certification of that operator is dependant 37 upon the level of complexity of the treatment plant. The operator must 38 have a monitoring report to the State every month. He stated that every 39 county which utilizes type one through type six systems is going to be 40 required to have in place some kind of management entity to insure that 41 those systems are operated properly. With reference to risk management, 42 he stated that there are potential problems with every type of system. 43 He explained in detail some of these problems. To maximize risk 44 management techniques, the County can, when making inspections, look for 45 poor drainage, check pump levels, controls, etc., and use preventive 46 maintenance. The County needs to have in place a spill control plan. 47 With reference to the Memorandum of Understanding he will provide to the 48 County Commissioners an educational package with what should be included 49 in a typical Memorandum of understanding with the state. A workplan 50 also needs to be developed. The County would specify how they will do 51 what they say they are going to do in the Memorandum. 52 Commissioner Willhoit requested that someone be sent to 7 1 Raleigh for a list of those forty permits, their effluent standards and 2 their compliance records. Are they in compliance or out of compliance. 3 When that information in received, the Board can talk about a strategy 4 for moving forward. With regard to the 15,000 conventional systems, it 5 would be important to find out how old they are and put the educational 6 program in place. With knowing the status of these systems, an 7 inspection program can be initiated. 8 In answer to a question from Commissioner Gordon, Dr. Rubin 9 stated that typically the larger the system, the more components there 10 are and the more likelihood that the system will fail. 11 John Link stated that there is still the utility question. 12 The County cannot be owner and operator and also monitor the systems. 13 There is also a question of cost. This needs to be explored further. 14 It was clarified that of the forty systems permitted by DEM 15 that 10 are discharge and thirty are nondischarge. 16 Chairman Carey stated that the goal is to have a monitoring 17 and maintenance program for all systems. The Health Department has made 18 a proposal for such a program. The County must decide to what degree 19 they want the Health Department to be involved in this process. 20 Commissioner Halkiotis asked that the sludge sites be 21 identified as well as an accurate number of sites being monitored by 22 DEM. He requested some cost figures for implementing the monitoring and 23 maintenance program as proposed by the Health Department. 24 The Health Department will provide additional information at 25 a future meeting of the Board. 26 With regard to the question of providing a bond to cover 27 remediation, the County Attorney will investigate this question and 28 respond to the Board. Geoffrey Gledhill explained that the local 29 legislation that was approved for impact fees will provide the necessary 30 legislation for bonding. If the County asks for local legislation for 31 an impact tax, then that bill will need to be amended to allow for this 32 bond requirement. 33 Dr. Rubin will obtain some information on the programs in 34 Wake and Mecklenburg Counties and the cost for initiating these 35 programs. 36 Commissioner Gordon asked that as land use policies are 37 discussed, that the information on groundwater capacity and septic tank 38 suitability be reviewed. 39 40 41 C. REPORT ON PRELIMINARY AWARD - COMMUNITY DEVELOPMENT BLOCK 42 GRANT 43 Director of Housing and Community Development Tara Fikes 44 summarized that on October 19, 1990 Orange County submitted a Housing 45 Development Grant Application to the State requesting $175,000 in CDBG 46 funds to be used for road construction /paving in the Chestnut Oaks 47 Habitat subdivision. The County has been notified of the preliminary 48 award of this Block Grant in the amount of $175,000. A final award will 49 be made after the County addresses certain grant conditions within 90 50 days of the preliminary award. She listed these conditions and stated 51 the County will have no problems in meeting these conditions. The 52 County anticipates submitting all necessary documentation to the State 8 within sixty days. A grant agreement could be executed in April, 1991 and the project begun immediately thereafter. S. ITEMS FOR DECISION - REGULAR AGENDA A. EMPLOYEE ASSISTANCE PROGRAM CONTRACT (moved from Consent Agenda) Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the contract with Human Affairs International at a cost of $9,820 to continue the Employee Assistance Program through June 30, 1991. VOTE: UNANIMOUS XI* APPOINTMENTS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Gloria Berry -Holly and Sharlene Pilkey to the Cable Citizens Advisory Committee as voting members and to appoint Donna Hales as an alternate member of this Board. VOTE: UNANIMOUS Motion was made by Chairman Carey, seconded by Commissioner Gordon to appoint Caleb Moore to the Personnel Advisory Board. VOTE: UNANIMOUS X1I. MINUTES Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approved the December 11 - Quarterly Public Hearing minutes as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the December 18 - Special Meeting minutes as circulated. VOTE: UNANIMOUS Motion was made by Chairman Carey, seconded by Commissioner Insko to approve the minutes for the December 18 - Regular Meeting minutes as circulated. VOTE: UNANIMOUS SIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further items to discuss, Chairman Carey adjourned the meeting. The next regular meeting will be held on January 22, 1991 at 7 :30 in the Franklin Street Post Office District Courtroom, Chapel Hill, North Carolina. Moses Carey, Chair Beverly A. Blythe, Clerk 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. Y ACTION AGE"IDA ITEM ABSTRACT Meeting Date: January -'7. 1991 3--= ECG: PURCHASE OF NEW FIRE TRUCK --- ORANGE RURAL FIRE DEPARTMENT NO. 1, INC. ------------------------------- ------------------------------------ DI ?cRTt4E:1T: ORANGE RURAL FIRE DE- PUBLIC HEARING YES: N0: X ------------ PARTMENT_F_QI_1 _1 _ INC, - ---------------------- �-- - -_ - - 7 zCH.VENT (S) . COMMITMENT LETTER FROM CCB INFORMATION CONTACT: COUNTY ATTORNEY, 73:2 -2196 TELEPHONE NL14BER- Hillsborough - .7.32 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To authorize Orange Rural Fire Department No. 1, Inc. to conduct a public hearing at its fire station located at .20.3 South Churton Street, Hillsborough, NC, to provide the public an opportunity to express their views on the financing by Orange Rural Fire Department No. 1, Inc. with Central Carolina Bank of the portion of the purchase price of a fire truck. BACKGROUND: The Orange Rural Pike Department No. 1, Inc. will contract with Emergency Equipment, Inc. for the purchase of a new fire truck. The. truck will cost $152,287.00. Approximately $120,000.00 of the purchase price will be financed with a loan from Central Carolina Bank. Orange Rural Fire Department No. 1, Inc.. is eligible for the loan at. a low interest rate (7.25% versus 9.25 %, saving approximately $2,500.00 'interest expense per year for 10 years) if the financing qualifies .as a tax exempt financing under the Internal Revenue,Code. To so qualify, Orange County, with whom Orange Rural Fire 'Department No. 1, Inc. contracts to provide fire protection service within the Orange Rural Fire District, a /k /a the .Central Orange Fire District, must approve the financing and conduct a- public. hearing or direct that one be conducted. The Orange Rural Fire Department No. 1, Inc. has offered to conduct the public hearing at its facility in Hillsborough. .The. public hearing will be held following public notice the night of January 24,;1991 at 7:30 p.m. The-'Orange Rural Fire Department No. 1, Inc. will thereafter. on February 4, 1991 request Board -of Commissionerw approval of the financing. RECOMMENDATION: Authorize the Orange Rural Fire Department No 1, Inc. to conduct a public hearing at 7:30 p.m., January 24, 1991 at the Hillsborough Fire Department building, 203 South Churton Street, Hillsborough, NC, for the purpose of receiving citizen comment on the financing contract between Orange -Rural Fire Department No. 1, Inc. and Central Carolina Bank.. CENT"CAMOMNA MBAIXVIXK December 12, 1990 Mr. John W. Forrest Hillsborough, N. C. Dear John: As we have discussed, in order to qualify for a tax - exempt loan the following criteria must be met: N 1) The political subdivision involved (Orange County) must certify two things: a) that the VFD is a "qualified" VFD within the jurisdiction of the political subdivision, meaning that: * the VFD provides,'fire fighting services in an area which is not provided other fire fighting services AND * the fire fighting services are required by written agreement with the political subdivision; AND b) they approve of the borrowing. This approval cannot be given until a public hearing is held. 2) The VFD must certify that more than 90% of the loan proceeds are to be used for the acquisition of the fire truck. ADDITIONAL DOCUMENTATION REQUIRED 1. A copy of the VFD's articles of. incorporation. 2. A certificate of good standing from the.Secretary of State. 3. A letter from the political subdivision certifying that the info in Part 1 at the top of this letter is. correct. 4. a Certification of Use of Funds (Copy attached.) 5..An Agreement (Copy Attached). 6. A letter pertaining to being a qualified small issuer (copy attached). In addition to the above, I would of course need the usual loan info such as source of repayment, cost of truck, description, etc.. If the VFD qualifies for this type of loan, which I would certainly expect it would, we would be looking at an interest rate of approximately 7.76 %, depending on the term. I understand the amount of the loan would be around $120,000. If your board elects to pursue a loan request with Central Carolina Bank, I would be most happy to.work with the persons designated. Ve truly yours, Paul l R..Williams Vice - President Post Office Box 250, Hillsborough, North Carolina 27278, 919/732 -2176 1- ORANGE C O U N T Y HOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 7, 1991 �JiCT: Employee Assistance Program Contract : Personnel (S): Employee Assistance Program Contract Action Agenda Item # V'1 PUBLIC HEARING: Yes __X _No INFORMATION CONTACT: Elaine Holmes, Extension 2551 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane -- 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To provide for continuation of the Employee Assistance Program for Orange County employees and dependents through contract with Human Affairs International for the period July 1, 1990 through June 30, 1991. The Board of Commissioners approved the initial contract with Human Affairs International for the five month period from February 6, 1990 through June 30, 1990. Employees and supervisors were provided with an orientation to the Employee Assistance Program in March, 1990 and the services currently are being used by Orange County employees. In the nine month start up period (April, 1990 through December, 1990) the service was used by approximately three percent of employees. One -half of the people utilizing the service to date were initially seen during the months of November and December. The recent increase in numbers suggests a higher utilization rate as the program matures. The projected rate of utilization of Employee Assistance Program services is generally seven percent to ten percent once an Employee Assistance Program has been in place longer than two years. Human Affairs International plans to provide additional employee orientations and further employee communications over the coming months in order to increase Orange County's employee utilization rate. The primary purpose of the Employee Assistance Program is to 1) to enhance existing health and safety programs provided to Orange County employees, 2) to strengthen 2 Orange County's compliance with the Drug Act of 1988, and 3) to position Orange C, vigorous management of health care costs Moreover the.Employee Assistance Program employee benefit which enhances employee recruitment and retention. Free Workplace aunty for more in the 1990'x. provides an relations, The Personnel Department currently has funds available for the contract period of July .1, 1990 through June 30, 1991. The contract cost for this period is $9820. Through oversight on the part of Human Affairs International and Orange County, this contract was not signed prior to July 1, 1990. IOM: Approve contract with Human Affairs International to allow for continuation of the Employee Assistance Program through June 30, 1991. 1 2a AGREEMENT THIS AGREEMENT is entered into as of this 6th day of February, 1990, at Salt Lake City, Utah, by and between HUMAN AFFAIRS INTERNATIONAL, INCORPORATED, a Utah corporation ( "HAI ") and ORANGE COUNTY, a political subdivision of the State of North Carolina ( "Employer "), with its principal place of business in Hillsborough, North Carolina. WHEREAS, Employer wishes to provide a program for its employees under which they and their dependents will be able to obtain appropriate and necessary care for mental /nervous and chemical dependency problems from which they may suffer, and for such other personal problems as may interfere with their productivity and general well- being, and yet washes to control the costs of such a program; and, WHEREAS, among its business activities, HAI organizes, operates and evaluates such programs for employers; NOW, THEREFORE, in consideration of the mutual covenants, conditions, representations and promises contained herein, HAI and Employer agree as follows: 1. Establishing Employer's Program. HAI agrees to provide the services to Employer defined in this Agreement and the Exhibits hereto. 2. Area of Service. HAI shall furnish services to designated employees and dependents in the service area(s) specified in Exhibit B, Geographic Area of Service. 3. Scope of Services.. 'HAI shall provide the services set forth in Exhibit A, Scope of Services. 4. Pa ent to HAT. Employer agrees to pay to HAI such sums, at such times, and under such conditions as set forth in Exhibit C, Schedule of Payments and Adjustments. All payments due to HAI hereunder shall be addressed to: Human Affairs International, Incorporated P.O. Box 27727 Salt Lake City, Utah 84127 --0727 Employer agrees to pay interest at the rate of one and one -half percent (1 1/20) per month on all payments due hereunder which are not received by HAI within thirty (30) days of Employer's receipt of HAI's invoice. 5. Term of Service. This Agreement shall commence on the date set forth above, and shall remain in full force and effect unless terminated as provided herein. 6. Standard--Report Form. Attached hereto as Exhibit E, Standard Employer Report Form, is the standard form which will be used for reporting to Employer under this Agreement, unless HAI and Employer agree to a different form. 7. Exhibits In r d into Agreement. Attached hereto and by this reference incorporated into and made part of this Agreement are the following exhibits: (1) Exhibit A - Scope of Services (2) Exhibit B - Geographic Area of Service (3) Exhibit C - Schedule of Payments and Adjustments (4) Exhibit D - General Provisions (5) Exhibit E - Standard Employer Report Form (6) Exhibit F - Other Provisions IN WETNESS WHEREOF, HAI and Employer have affixed their signatures to this Agreement with the intention of being bound thereby. HAI: EMPLOYER: HUMAN AFFAIRS INTERNATIONAL, ORANGE COUNTY INCORPORATED Sy: James A. Plack Chief Operating Officer Date: Witness: `a By: Title: Date: Witness: 3 4 EXHIBIT A -- SCOPE OF.SERVICE The Employee Assistance Program ( "EAP ") services provided Employer by HAI shall consist of the following components: 1. Counsel_ina ervi_es. HAI shall provide Employer's designated employees and their eligible dependents ( "clients ") counseling services 24 hours per day, 7.days per week. Non- emergency sessions may be scheduled during regular business hours. HAI shall provide 1 to 3 sessions per client per episode. For the purpose of this Agreement, "sessions" shall mean each separate occasion when HAI provides counseling to a client, whether by telephone or in person, provided that post - counseling evaluation sessions and post - referral telephone follow -up calls shall not count as a session. 2. Evaluation and ReQortinq. HAI shall maintain records for each client who contacts HAI for assistance, and shall monitor that client until the problem is resolved. If referral to a non -HAI provider is required, HAI agrees to provide follow -up monitoring of that referral. HAI will provide Employer a statistical report of all contacts and use of the EAP. Attached hereto as Exhibit E, Standard Employer Report Form, and incorporated herein, is the form which will be used for reporting under this Agreement, unless a different form is agreed to by HAI and Employer. HAI will provide these reports to Employer on a quarterly basis. 3. Publications and Documents. Pursuant to this Agreement, HAI agrees to provide various publications and documents. All generic materials (i.e., employee guides, wallet cards and supervisory guides) shall be provided by HAI at no extra cost. Any additional materials requested by Employer shall be provided at an additional cost to'Employer. HAI agrees that dissemination of such materials will be in accordance with Employer's policies and only with Employer's prior approval. 4. Tra�c . During the first year this Agreement is in effect, HAI will provide training to Employer's employees and supervisors as negotiated between the parties, or as specified in Exhibit F. Supervisory training involves training supervisory personnel to recognize employee problems and to encourage employees to make use of the EAP. Employee training involves, explaining to employees how they can make use of the EAP. Employer shall designate those supervisory personnel who are to receive training. Unless otherwise negotiated by HAI and Employer, all training sessions shall be group sessions. 5. Full -Time gsi. ent Offices. In locations where Employer has more than 5,000 employees, HAI shall maintain a full -time resident office. 6. Account Executive. An HAI account executive based in Raleigh, North Carolina shall administer Employer's account. 3 r EXHIBIT B - GEOGRAPHIC AREA OF SERVICE HAI shall provide services pursuant to this Agreement with Employer in the following geographic areas: Emplgygg Loqation Employee Count Hillsborough, NC 450 4 5 6 EXHIBIT C - SCHEDULE OF PAYMENTS AND ADJUSTMENTS 1. Ra e. For the first period February 6, 1990 through and including June 30, 1990, Employer shall pay HAI at a rate equal to the number of persons on Employer's payroll times one dollar and fifty -one cents ($1.51) per month. For the period July 1, 1990 through and including June 30, 1991, Employer shall pay HAI at a rate equal to the number of persons on Employer's payroll times one dollar and sixty =five cents ($1.65) per month. These total numbers shall include all designated personnel employed by Employer, including any who are absent for illness or injury or on leave of absence and any who are on lay -off with re- employment rights, or wh are determined by Employer to qualify under COBRA. Commencing July 1, 1991, Employer shall pay HAI the "new rate" pursuant to the provisions of paragraph 3 of this Exhibit. Employer shall furnish HAI an employee count at the commencement of this Agreement and again on July 1, 1991. Thereafter, Employer shall furnish HAI an employee count on every one -year anniversary (i.e., from July 1, 1992) (the "contract anniversary "). 2. Payments. Employer shall pay HAI quarterly in advance during the term of this Agreement. The initial payment by Employer to HAI shall be made February 6, 1990. 3. Renegotiation of Rate. Prior to July 1, 1991, and thereafter, prior to each contract anniversary, HAI and Employer shall reach agreement as to a new rate of payment under this Agreement, to go into effect on that date. If no such agreement is reached by thirty (30) days after that date, then this Agreement shall terminate immediately. r EXHIBIT D - GENERAL PROVISIONS 1. Professional Qualifications. All counseling, assessment and referral services pursuant to this Agreement shall be provided by qualified, experienced clinicians with advanced degrees of at least a master's level, with special training both in short term counseling and in unmasking, assessing and treating 'substance abuse problems. HAI, in its sole discretion, shall provide such professional counselors either from its employees or by retaining such qualified professionals as independent contractors to provide services under this Agreement. In the event that independent contractors are utilized, HAI shall nevertheless be solely responsible for ensuring that services are provided by such independent contractors as required by this Agreement. 2. Statug of the P rties. HAI and Employer agree that HAI is an independent contractor and, except as otherwise provided in this Agreement or the exhibits hereto, neither is the agent of the other, nor is either authorized to act on behalf of the other in any manner. HAI shall be required, at its sole expense, to provide all supplies, equipment and personnel necessary for its performance as required herein. All personnel performing obligations of HAI hereunder shall either be employees of HAI or independent contractors retained by HAI. 3. Com lianc with Law. HAI shall be required to obtain, at its sole expense, all licenses and permits necessary for it to perform its obligations hereunder. Whenever necessary, _ Employer agrees to cooperate with HAI in providing such information and /or documents as may be necessary to obtain such licenses or permits. Both HAI and Employer agree to comply with all applicable local, state and Federal laws, rules and regulations prohibiting discrimination or otherwise regulating the terms and conditions of employment. 4. id n i ality. Employer agrees that all participation by its employees and their dependents in programs hereunder is voluntary and confidential, except as required otherwise by applicable law. HAI shall not be compelled to disclose to Employer any information with respect to program participants obtained by HAI pursuant to their participation in programs hereunder, except with the written consent of those participants, or as required by law. HAI agrees that all information pertaining to Employer obtained by its employees or any persons retained by it pursuant to this Agreement shall be kept confidential., except as required otherwise by applicable law. 5. Employer's Rights RPgpecting Employees. In entering into this Agreement, Employer is not relinquishing any of its rights and obligations to control any facets of the employment relationship between Employer and participants in programs hereunder, including all rights to take disciplinary action relating to any employee of Employer. HAI agrees that the programs it provides for Employer 11 R7 [3 hereunder will not be made available as a sanctuary of disciplinary immunity for employees of Employer. Employer agrees that HAI shall bear no responsibility with respect to Employer's discipline or termination of its employees. 6. HAI-Proprietary Data and Materials. Employer agrees that all publications furnished by HAI pursuant to this Agreement shall remain HAI's sole property and that Employer will do nothing to interfere with and /or appropriate HAI's proprietary rights therein. At the termination of this Agreement, Employer agrees to return all such materials remaining unused to HAI. Further, Employer agrees that it will not appropriate for its own use the systems or knowledge acquired from HAI hereunder. Employer agrees to keep confidential and not to disclose to any person or entity th information and /or management reports or systems utilized by HAI in discharging its responsibilities hereunder. 7. Insurance. HAI agrees to obtain and maintain during the term of this Agreement the following insurance: (i) comprehensive general liability in a minimum amount of five million dollars ($5,000,000.00) in the aggregate (in excess of deductible amounts); and, (ii) professional liability insurance (malpractice) in a minimum amount of five million dollars ($5,000,000.00) in the aggregate (in excess of deductible amounts). B. Termination. a. For Cause. If either party fails to perform as required herein, the other party may terminate this Agreement by giving the non - performing party seven (7) days written notice of it intention to do so and specifying the effective date of such termination. b. Without Cause.' Either party hereto may terminate this Agreement, for any reason or no reason, by giving the other party forty -five (45) days written notice of its intention to do so and specifying the effective date of such termination. 9. Procedures upon Termine io . a. Generally. Upon termination of this Agreement, HAI shall deliver to Employer final reports reflecting utilization of Employer's program hereunder. Employer shall deliver to HAI al unused proprietary materials. HAI and Employer agree that the confidentiality and nondisclosure provisions of this Agreement sha survive termination. Employer shall pay HAI for all services provided prior to termination in accordance with Exhibit C, paragraph 1, provided that Employer shall be entitled to reimbursement of prepaid amounts applicable to periods following termination. 7 b. Existing Clients. Employer acknowledges that, at the time of termination of this Agreement, some clients may be engaged in counseling as set forth in Exhibit A, Scope of Services, and it may be unethical and /or illegal to terminate such counseling without providing ongoing treatment for such clients. Upon receipt of Notice of Termination (if termination is by Employer) or upon its Notice of Termination (if termination is by HAI), HAI will furnish Employer a listing of the number of existing cases which fall into this category, together with its certification that it has examined the nature of the counseling and that ongoing treatment is required. Employer shall allow HAI to continue to provide such services at the rate of fifty -five dollars and no cents ($55.00) for each hour or session of counseling (whichever is less), or to make other clinically acceptable arrangements for continued services. 10. Assignment. HAI and Employer agree that neither may assign their rights hereunder without the prior written consent of the other, provided, however, that either party may make such an assignment to a subsidiary or parent entity, as long as such assignment does not result in a material change in the other party's rights and /or duties hereunder. 11. Entire Agreement. This Agreement, including all exhibits hereto, contains all of the terms and conditions of the agreement between HAI and Employer, and there are no representations or understandings between them except as are contained herein. This Agreement may only be changed by a writing signed by the party to be charged with such change. 12. Governing Law. This Agreement has been entered into between the parties in the State of Utah and the laws of such state shall govern its interpretation and enforcement. 13. Noticgg. All notices or demands in connection with this Agreement given to or made upon either party shall be in writing and sent to that party at the following address, as modified from time to time by written notice: HAI.: Human Affairs International, Incorporated 5801 South Fashion Blvd., Suite 255 Murray, Utah 84107 ATTN: Jill Winslow, Contracts Manager EMPLOYER: ATTN: 0 9 n 14. Dis ute Resolution. In the event that a dispute arises concerning this Agreement or the performance of any obligations it establishes, either Employer or HAI (the "Parties ") may refer the dispute to a neutral adviser ( "Adviser ") for resolution. The Adviser shall be any person or organization mutually agreed upon by the Parties: Within twenty (20) days of the submission of the dispute to the Adviser, the Adviser shall meet with the Parties. At this meeting, the Adviser will attempt to assist the Parties in negotiating a resolution of the dispute. if that is not possible, the Adviser will recommend in writing, within ten (10) days of this meeting, a procedure for resolving the dispute. This procedure may be either non - binding or binding, with the agreement of the Parties. The procedure may be conducted by the Adviser or by another person or organization which the Parties, witr the assistance of the Adviser, may agree upon, and will be subject to such ground rules as may be recommended by the Adviser. These ground rules will include provisions for information exchange, format and location of the procedure, and a time for completion of the procedure. If the Parties cannot agree on a procedure, they shall agree to attend a non - binding mediation session presided over by the Adviser. If the dispute cannot be resolved within such time as the Adviser deems reasonable, the Adviser shall, at the request of either Party, certify in writing that the dispute is incapable o: resolution. No litigation, or formal filing of a complaint with relevant licensing bodies, shall be commenced by either Party in thi absence of this written certification, except that either Party may commence same (1) in order to prevent the barring of the claim by a: applicable statute of limitations or (2) if litigation is otherwise necessary to prevent irreparable harm to that Party. The Parties agree, however, (unless prohibited by court order) to continue to participate in the resolution process described in this section despite the commencement of litigation or licensure disciplinary proceedings. 11 EXHIBIT E - STANDARD EMPLOYER REPORT FORM See attached computerized report form. 10 HUMAN AFFAIRS INTERNATIONAL, INC. Generic Report PREPARED: 9/27/89 For Contract Year: PAG. I CURRENT PERIOD THIS Y AR CATEGORY, JANUARY YEAR -TO- ATE PART 1: NEW CASES CLIENT' STATUS Employee 0 0.0 5% 0 0.0 _% Employee's Spouse 0 0.0 _% 0 0.0 5� Employee's Child 0 0.0 0 0 0.0 _% Retiree 0 0.0 Not Available 0 0.0 _% Retiree's Spouse 0 0.0 a 0 0.0 0 Retiree's Child 0 0.0 .0 0 0.0 PRIMARY REFERRAL SOURCE Other 0 0.0 0 0.0 Not Available 0 0.0 _ 0 0.0 .0 TOTAL 0 0.0 0.0 0 C.0 0 COUNSELOR CODE 5% Employer xe: Work Performance 0 0.0 Number of Cases Seen by HAI Staff 0 0.0 Family Initiated 0 0.0 0.0 Number of Cases Seen by HAI Affiliates 0 0.0 0 0.0 % Not Available 0 0.0 .0 0 0.0 HAI 11800 line" staff TOTAL 0 0.0 0 0 .0 CASE STATUS NeW 0 0.0 % 0 0.0 %_ Reactivated 0 0.0 _ 0 0.0 Reopened 0 0.0 % 0 0.0 Not Available 0 0.0 _% 0 0.0 TOTAL 0 0.0 5% 0 .0 5% PRIMARY REFERRAL SOURCE Self- - Referral 0 0.0 _% 0 .0 5% Employer Suggestion 0 0.0 0 .0 5% Employer xe: Work Performance 0 0.0 0 C Family Initiated 0 0.0 0 C .0 .0 Medical Department 0 0.0 0 C .0 HAI 11800 line" staff 0 0.0 0 Other 0 0.0 0 0 .0 .0 Not Available 0 0.0 0 C TOTAL 0 0.0 _% 0 C.0 .0 :: M-AN AFFAIRS INTERNATIONAL, INC. Generic Report 13 PREPr'_RED: 9/27/89 For Contract Year: -. ' PACE: 2 PART II: NEW EMPLOYEE CASES EMPLOYEE STATUS Full -time CURRENT PERIOD THIS YEAR -'- CATEGORY JANUARY _--_----------------------------- Part -time YEAR -TO -DATE INFORMATION SOURCE 0 0.0 - - - --- Home Mailing 0 0.0 0 0.0 % Literature /Poster 0 0.0 0.0 0 0.0 _% Training Session 0 0.0 0 0 0.0 Family Member 0 0.0 5% 0 0.0 Co--worker /Employee 0 0.0 _% 0 0.0 Other 0 0.0 0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0.0 0 0.0 _ PART II: NEW EMPLOYEE CASES EMPLOYEE STATUS Full -time 0 0.0 0 0.0 Part -time 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 JOB CATEGORY Administrative / Management 0 0.0 0 0.0 Professional /Technical 0 0.0 0 0.0 Sales /Marketing 0 0.0 0 0.0 j Clerical 0 0.0 0 0.0 Operations /Maintenance 0 0.0 0 0.0 Labor /Manufacturing 0 0.0 0 0.0 Other 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 s JOB LEVEL Executive /Management 0 0.0 0 0.0 Supervisor 0 0.0 0 0.0 _56 Exempt Non - Supervisory 0 0.0 3% 0 0.0 Non - Exempt 0 0.0 % 0 0.0 0 Not Available 0 0.0 % 0 0.0 TOTAL 0 0.0 % 0 0.0 HUMA.%1 AFFAIRS INTERNATIONAL, INC. Generic Report 4 4 PREPARED: 9/27/89 For Contract Year: % 0 C .0 n PAGE: 0 0.0 3 .0 0 0.0 0 C .0 0 0.0 r 0 C CURRENT PERIOD THIS YEAR 0 C .0 CATEGORY JANUARY 0 .0 YEAR -TO -DATE -% 0 SHIFT .0 a 0 0.0 -% 0 0.0 1st. 0 0.0 - 0 0.0 -% 2nd. 0 0.0 - 0 0.0 -% 3rd. 0 0.0 0 C.0 -% Rotating 0 0.0 0 C .0 0 Other 0 0.0 Q C.0 0 Not Available 0 0.0 -% 0 C.0 TOTAL 0 0.0 $ 0 d.0 -% LENGTH OF SERVICE Less than 1 year 1 year but less than 5 years 5 years but less than 15 years 15 years but less than 25 years 25 years or more Not Available TOTAL Male Female Not Available TOTAL EMPLOYEE'S AGE Under 25 years 25 -34 years 35 -44 years 45 -54 years 55 years or more Not Available TOTAL 0 0.0 % 0 C .0 n 0 0:0 0 0.0 0 C .0 0 0.0 0 C .0 0 0.0 D.0 0 C .0 0 0 0:0 0 0 C .0 0 0.0 0 .0 0 0.0 -% 0 .0 a 0 0.0 % 0 .0 0 0 0.0 0 0.0 0 .0 1 0 .0.0 0 .0 0 0..0 D.0 0 .0 0 0.0 % 0 .0 0 0 0.0 0 D.0 0 0.0 0 D.0 0 0.0 0 D .0 a 0 0.0 Q D.0 0 0.0 0 .0 a 0 0.0 -% 0 0.0 x HU,KtVti AFFAIRS INTERNATIONAL, INC. Generic Report 15 PREPARED: 9 /27/89 For Contract Year: PAGE c EMPLOYEE'S HIGHEST LEVEL CF EDUCATION Grades 1 -12 CURRENT PERIOD THIS YEAR _ CATEGORY _---_--_------------------------------- JANUARY 0 YEAR -TO -DATE EMPLOYEE'S ETHNIC ORIGIN 0 0.0 Completed 1 -4 years of College 0 0.0 White, Non - Hispanic Origin 0 0.0 College Graduate 0 0.0 Black, Non - Hispanic Origin 0 0.0 Completed Graduate Degree 0 0.0 0 Hispanic 0 0.0 Other 0 0.0 Asian, Pacific Islander, Indian Sub -cont. 0 0.0 Not Available 0 0.0 American Indian /Alaska Native 0 0.0 TOTAL 0 0.0 Other 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 % EMPLOYEE'S HIGHEST LEVEL CF EDUCATION Grades 1 -12 0 0.0 % 0 0.0 ro HS Graduate or Equivalent 0 0.0 1 0 0.0 Completed 1 -4 years of College 0 0.0 5% 0 0.0 0 College Graduate 0 0.0 0 0.0 Completed Graduate Degree 0 0.0 0 0.0 Other 0 0.0 0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 PART III: CLIENT DATA - NEW CASES Male 0 0.0 0 0.0 _% Female 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 =s AGE Under 25 years 0 0.0 0 0.0 =s 25 -34 years 0 0.0 0 0.0 35 -44 years 0 0.0 0 0.0 45 -54 years 0 0.0 0 0.0 55 years or more 0 0.0 0 0.0 Not Available 0 0.0 $ 0 0.0 TOTAL 0 0.0 0 0.0 HUMAN AFFAIRS INTERNATIONAL, INC.. 0.0 _% 0 6 0 Generic Report % 0 Separated 0 0.0 $6 0 Divorced PREPARED: 9/27/89 For Contract Year: 0.0 % 0 Widowed PAGE: 0.0 % 0 Co- habitating CURRENT PERIOD THIS YEAR 0 Not Available CATEGORY JANUARY 0 YEAR-TO-DATE 0 0.0 ETHNIC ORIGIN 0.0 0 0 .0 a Not Available 0 White, Non - Hispanic Origin 0 0.0 % 0 0.0 0.0 Black, Non- Hispanic Origin 0 0.0 _% 0 0.0 Hispanic 0 0:0 0 0.0 Asian, Pacific Islander, Indian Sub -cont. 0 0.0 0 0.0 American Indian, /Alaskan Native 0 0.0 0 .0 Other 0 0.0 0 .0 Not Available 0 0.0 0 .0 a TOTAL 0 0.0 % 0 .0 MARITAL STATUS Married 0 0.0 _% 0 Never Married 0 0.0 % 0 Separated 0 0.0 $6 0 Divorced 0 0.0 % 0 Widowed 0 0.0 % 0 Co- habitating 0 0.0 0 Not Available 0 0.0 0 TOTAL 0 0.0 0 HIGHEST LEVEL OF EDUCATION ).0 _% ).0 ).0 ).0 ).0 ) . 0 0 ).0 _t Grades 1 -12 0 0.0 0 .0 0 High School Graduate or Equivalent 0 0.0 0 D.0 0 Completed 1 - 4 years of College 0 0.0 0 D.0 a College Graduate 0 0.0 5% 0 D.0 Completed Graduate Degree 0 0.0 0 D.0 Other 0 0.0 0 0 .0 a Not Available 0 0.0 0 .0 TOTAL 0 0.0 5% 0 0.0 HU`,'AN AFFAIRS INTE?NATIONAr.. INC. Generic Report 17 Y PRE-PA RED. 9 /27/89 For Contract Year. PAGE' . 6 CURRENT PERIOD THIS YEAR ^ CATEGORY JANUARY YEAR --TO -DATE -------------------------------- PART IV: CLIENT PROBLEM DATA - NEW CASES PRIMARY PRESENTING PROBLEM Alcohol 0 0.0.E -% 0 0.0 - Drugs 0 0.0 0 0 0.0 0 Emotional 0 0.0 0 0 0.0 0.0 Marital 0 0.0 Family 0 0.0 0 Family 0 0.0 0 0 0.0 % Physical Health 0 0.0 0.0 0 0.0 0.0 S. Another's Drug /Alcohol. Problem 0 0.0 -% 0 0.0 Legal Another's Emotional /Health Problem 0 0.0 0 0 0.0 �. Legal 0 0.0 0.0 0 0.0 0 Financial Hardship 0 0.0 occupational 0 0.0 0 Housing 0 0.0 0 0 0.0 0 Occupational 0 0.0 0.0 0 0.0 95 Family Violence 0 0.0 0 0.0 TOTAL Other 0 0.0 0 0 0.0 0 Not Available 0 0.0 0 0.0 0 TOTAL 0 0.0 0 0.0 PART V: STATISTICS ON INACTIVATED CASES PRIMARY ASSESSED PROBLEM Alcohol 0 0.0 -% 0 0.0 -% Drugs 0 0.0 0 0.0 1 Emotional 0 0.0 0 0.0 Marital 0 0.0 0 0.0 Family 0 0.0 0 0.0 Physical Health 0 0.0 5% 0 0.0 j A_noL.her's Drug /Alcohol Problem 0 0.0 -% 0 0.0 S. Another's Emotional /Health Problem 0 0.0 -% 0 0.0 Legal 0 0.0 % 0 0.0 Financial Hardship 0 0.0 % 0 0.0 Housing 0 0.0 % 0 0.0 occupational 0 0.0 0 0.0 Family Violence 0 0.0 0 0.0 Other 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 % 0 0.0 HUMAN AFFAIRS INTERNATIONAL, INC. Generic Report PREPARED: 9/27/89 For Contract Year: PAGE: 1 AVERAGE NUMBER OF SESSIONS PER CASE REFERRAL Yes No TOTAL TYPE OF REFERRAL, Inpatient Mental Health Inpatient Alcohol. and Drugs Inpatient Other Inpatient Total Outpatient Counseling - Private Outpatient Counseling - Public Outpatent Alcohol and Drugs Outpatient Other Outpatient Total Self -Help Group: AA Self -Help Group: NA Self -Help Group: Al -Anon Self-Help Group: ACOA Self--Help Group: Other Self-Help Group Total Legal Financial Hardship Other TOTAL TYPES OF REFERRALS 0.0 0.0 0 0.0 0 0 .0 0 0 0.0 0 0 .0 0 0 0.0 0 .0 0 0 0:0 0 CURRENT PERIOD THIS YEAR 0 0.0 CATEGORY .0 JANUARY YEAR-TO-DATE 0.0 FREQUENCY DISTRIBUTION OF,SESSIONS 0.0 0 Number of cases seen for 1 session 0 - -- 0 0 Number of cases seen for 2 sessions 0 ----- 0 -- Number of cases seer_ for 3 sessions 0 - --- 0 - Number of cases seen for > 3 sessions 0 - -- 0 - TOTAL NUMBER OF SESSIONS s 0 0 0 0 AVERAGE NUMBER OF SESSIONS PER CASE REFERRAL Yes No TOTAL TYPE OF REFERRAL, Inpatient Mental Health Inpatient Alcohol. and Drugs Inpatient Other Inpatient Total Outpatient Counseling - Private Outpatient Counseling - Public Outpatent Alcohol and Drugs Outpatient Other Outpatient Total Self -Help Group: AA Self -Help Group: NA Self -Help Group: Al -Anon Self-Help Group: ACOA Self--Help Group: Other Self-Help Group Total Legal Financial Hardship Other TOTAL TYPES OF REFERRALS 0.0 0.0 0 0.0 0 0 .0 0 0 0.0 0 0 .0 0 0 0.0 0 .0 0 0 0:0 0 .0 0 0 0.0 0 .0 0 0 0.0 0 0.0 0 0 0.0 o 0.0 0 0.0 0 .0 0 0 0.0 0 D.0 0 0 0.0 0 D.0 0 0 0.0 0 D.0 s 0 0.0 0 D.0 0 0.0 0 0 .0 0 0 0.0 0 0 .0 0 0.0 % 0 D.0 0 0 0.0 % 0 0.0 0 0 0.0 % 0 0.0 0 0 0.0 0 0 0.0 0 0 0.0 % 0 0.0 0 0 0.0 _% 0 0.0 S. 0 0.0 o 0.0 _% 0 0.0 0 0.0 0 TOTAL NUMBER OF SESSIONS FOR EMPLOYEES SEEN DURING WORKING HOURS 0 0 HUMAN AFFAIRS INTERNATIONAL, INC. Generic Report 19 PREPARED: 9 /27/89 For Contract Year: ... PC.CE: 8 CURRENT PERIOD THIS YEAR - CATEGORY JANUARY ----------------------------------------- YEAR -TO -DATE TREATMENT PLAN ACTED ON Yes Modified 0 0.0 0 0.0 No 0 0.0 0 0.0 Not Available 0 0.0 0 0 0.0 TOTAL 0.0 0 0 0.0 0 0.0 0 0.0 EMPLOYEES SEEN DURING WORKING HOURS 0 0 TOTAL NUMBER OF SESSIONS FOR EMPLOYEES SEEN DURING WORKING HOURS 0 0 0 EXHIBIT F —OTHER PROVISIONS In addition to the terms and conditions contained in the Agreement between HAI and Employer, the following provisions shall apply: 1. Training. HAI shall provide eight (8) employee and /or supervisory group orientation /training sessions as defined in paragraph 4 of Exhibit A, free of charge. If additional training is requested by Employer, Employer shall pay HAI, upon receipt of HAI's invoice, the sum of ninety -five dollars and no cents ($95.00) per hour, plus expenses. 2. Health Education Seminars. As requested by Employer, HAI shall provide to Employer's employees health educatio seminars at a rate of ninety -five dollars.and no cents ($95.00) per hour, plus expenses. 11 Q 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. N L ACTION AGENDA ITEM ABSTRACT Meeting Date: January 7, 1991 SUBJECT: Employment Agreement - Orange Community Housing Corporation DEPARTMENT: Housing /Comm. Dev. ATTACHMENT(S): Employment Agreement PUBLIC HEARING YES: NO: x INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To approve execution of an Employment Agreement with the Orange Community Housing Corporation and its new Executive Director. BACKGROUND: On October 16, 1990, the Board of Commissioners approved the inclusion of one staff member of the Orange Community Housing Corporation to the County's benefit plan for at least one year. The attached Employment Agreement facilitates this process by the contractual appointment of the newly appointed Executive Director as an employee of the Corporation and the County. The County Attorney has approved this document. RECOMMENDATION(S): Approve execution of an employment agreement with the Orange Community Housing Corporation and its new Executive Director and authorize the Chair to sign the document on behalf of the Board. EMPLOYMENT AGREEMENT Agreement made this day of 2 M , 1990, by and among , herein referred to as "Employee," the Orange Community Housing Corporation herein referred to as "Corporation," and the County of Orange herein referred to as "Employer." SECTION ONE EMPLOYMENT Employer hereby employs Employee to perform the duties of the Executive Director of Corporation and Employee hereby accepts and agrees to such employment. General supervision, orders, advice and direction shall come from and be the responsibility of Corporation. Employee shall perform, such duties as are lawfully required by one holding such position in other, same, or similar businesses or enterprises as that engaged in by Corporation: SECTION TWO DUTIES Employee agrees that she will at all times faithfully, industriously, and to the best of her ability, experience, and talents, perform all of the duties that may be required of and from her pursuant to the express and implicit terms hereof, and as required by the laws of the State, to the reasonable satisfaction of Corporation and Employer. Such duties shall be rendered at 116 - B W. Main Street, Carrboro, North Carolina, the principal office of Corporation, and at such other place or places as Corporation. 3 shall in good faith, require or as the interest, needs and business of Corporation and Employer shall require. Furthermore, Employee shall have all duties, powers and authorities provided in the Position Description attached as Exhibit A and the Bylaws of Corporation attached as Exhibit B. SECTION THREE TERM OF EMPLOYMENT The term of this agreement shall be a period of one year, commencing January , 1991 and terminating January , 1992, subject, however, to prior termination as hereinafter provided in Sections Seven and Nine of this agreement. SECTION FOUR COMPENSATION OF EMPLOYEE Employer shall pay Employee, and Employee shall accept from Employer, in full payment for Employee's services hereunder, compensation at the rate of Forty -Two Thousand Five Hundred Dollars ($42,500) per year (annum), payable every two weeks during the term of this agreement. For the purposes of compensation, Employee will be a contract employee of Employer. Corporation shall reimburse Employer for all of Employees costs associated with the-employment of Employee, including any termination compensation as described herein, by depositing quarterly with the Finance Office of Employer to cover the salary and benefits described in this agreement. Quarterly payments shall be due and payable on January , 1991 April 1, 1991, July 1, 1991 and September 1, 1991. n Employee shall. be eligible for workers compensation, medical, dental and life insurance and retirement coverage under Employer's benefit plan. Employee shall be entitled to twelve (12) days of sick leave and twelve (12) days of annual leave upon the commencement of the duties of Executive Director. Further, Employee shall be entitled to eleven (11) paid holidays: New Year's Day; Martin Luther Ring Jr.'s Birthday (3rd Monday, January); Good Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving (Thursday and Friday); Christmas (3 working days). SECTION SIX MODIFICATION OF CONTRACT No waiver or modification of this agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of the .parties hereunder, unless such waiver or modification is in writing duly executed as aforesaid, and the parties further agree that the provisions of this section may not be waived except as herein set forth. 5 SECTION SEVEN TERMINATION Employee shall be deemed an "employee at will„ as that term is defined under the laws of North Carolina. anon nmmn1= -an„ �4: the first ninety days of employment, Employer, Corporation and Employee will review the work performance of Employee. If Employee is continued in the position of Executive Director of Corporation following the ninety day review period, Corporation shall provide Employee and Employer with a written summary of the review results. Should Employer terminate Employee prior to the termination date of this agreement, Employer will pay Employee at the time of termination an amount equal to one month's salary of Employee. In the event of termination, all other benefits shall be provided or not to Employee as dictated by the law contained in COBRA. SECTION EIGHT GIFTS As a condition of employment, Employee agrees not to engage in any political or partisan activities or to accept any gratuities, such as but not limited to trips, gifts or cash that will affect or give the appearance of affecting the Employee's professional judgment. SECTION NINE APPLICABLE LAW AND SEVERABILITY The law of North Carolina and, to the extent applicable, of the United States shall control the construction and interpretation of this agreement. Any covenant contained herein may be severed in the event it is. held to be invalid by a court of competent jurisdiction, provided its severance does not defeat the intent of the parties as expressed herein. If a provision•'is severed and severable as herein described, this agreement shall be interpreted as if such invalid covenants were not contained herein. In the event judicial severance of any covenant in this agreement defeats the intent of the parties, this agreement shall be terminated upon severance of the covenant. ORANGE COMMUNITY HOUSING CORP. ATTEST - Secretary Chair, Board of Directors COUNTY OF ORANGE ATTEST Moses Carey, Jr. Beverly Blythe, Clerk to Chairman, Orange County Board the Board of Commissioners of Commissioners DONNA L. DYER ATTEST This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Officer I I Date ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: JANUARY 7, 1991 SU13JECT: STATUS REPORT -- RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY _- _-- ____ - - - DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: NO. -------------------------------- ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE EXTENSION 2300 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 96$ -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE. To provide the Board of Commissioners with a�status report on the Research Triangle Public Transportation Authority. BACKGROUND: Report will be presented by Shirley Marshall, County Commissioner Appointee to the Authority and Jim Ritchie, recently appointed General Manager of the Authority RECOMMENDATION(S): O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 7, 1990 SUBJECT: Alternative Sewage Treatment Systems DEPARTMENT: Manager, Health ATTACHMENT(S): None Action Agenda Item #� PUBLIC HEARING: Yes —X —No INFORMATION CONTACT: Dan Reimer, Health Director Paul Thames Count Engineer TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To provide and summarize available information on the reliability of alternative sewage treatment technology BACKGROUND: The Board of County Commissioners has requested that County Staff provide information on the reliability of alternative waste treatment system technology and to recommend strategies that may be used by the County to overcome deficiencies, both anticipated and documented, in the use of that technology. Specifically, this report includes the following sources of information: Paul Thames. County Engineer - summary of August, 1988 report on Alternative Systems prepared by Hazen & Sawyer, explanation of terminology used in describing waste treatment technology Dan Reimer, Health Director - Health Department's proposed Monitoring Program for Alternative and Conventional Waste Treatment and Disposal Systems Dr. Bob Rubin, North Carolina State University - History, technology and reliability of alternative waste treatment systems O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: JANUARY 7, 1991 Action Agenda Item # ZX_ SUBJECT: REPORT ON PRELIMINARY AWARD -- COMMUNITY DEVELOPMENT BLOCK GRANT DEPARTMENT: HOUSING AND PUBLIC HEARING: Yes _X —N COMMUNITY DEVELOPMENT ATTACHMENT(S): INFORMATION CONTACT: TARA FIKES, EXTENSION 2492 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To present current information on the preliminary award of a $175,000 Housing Development Community Development Block Grant for the Chestnut Oaks Project. BACKGROUND: Tara Fikes, Director of Housing and Community Development, will be present to inform the Board of Commissioners about the conditions and program requirements of the grant. RECOMMENDATION: ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. X1 Meeting Date: January 7, 1991 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 - 588 -7331 PURPOSE: To maintain membership at effective levels on Commissioner's appointed boards and commissions. BACKGROUND: The following recommendations are presented for the Board's consideration. CABLE TV CITIZENS ADVISORY COMMITTEE: Review the resumes of Gloria Berry - Holly, Donna Hales and Sharlene Pilkey and select two candidates to serve as voting members and one candidate to serve as an Alternate Member with voting privileges only in the absence of another member. PERSONNEL ADVISORY BOARD: Accept the application of Caleb Moore to serve as a citizen representative. He will fill an unexpired term ending June 30, 1991 and will be eligible to serve additional two -year terms. RECOMMENDATION(S): As the Board decides. ORANGE COUNTY BOARD OF COMMISSIONERS Aetion Agend Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: JANUARY 7, 1991 SUBJECT: MINUTES 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: December 11, 1990 - Quarterly Public Hearing December 18, 1990 - Special Meeting December 18, 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. X60 /— —�Ple, NORTH CAROLINA ORANGE COUNTY AGREEMENT THIS AGREEMENT is entered into 1990 and by and between the Town of corporation ( "The Town ") and Orange and corporate ( "The Counts "). this 7,i day of Mav , Carrboro, a munic Tpal County, a body politic WHEREAS, the County presently operates and maintains a computer canter serving various County departments and outside agencies and wishes to continue making its computer operations and services available to the Town; and WHEREAS, the Town desires to p-urchase certain necessary computer services from the County; NOW THEREFORE, in consideration of the premises and the mutual promises set forth below, the parties agree that, for a fee (Section 12), the County shall provide 214-hour, ? day a weak computer services to the Town, including equipment, hardware and software maintenance, required operator training and so- Ptware programs along with required communications linkage, all to be provided in accordance with th.e following terms, conditions, and specifications: i. The Count-, shall provide the Town with the 4 olloWing e cLu ip,�sent: A. 8 - Main: came Ports B. 6 Data processing terminals C. l High speed line printer U'. 1 Slow speed Jrinter•fs) _. w 16 Channel multiplexers (Town Hall) F. 2 9. 6K Baud modems C. 2 Line drivers (PW) 2. The Town may add additional equipment by an addendum to this .g,•Qement (Section 1;). The fixed fee shall be prorated based on actual start date for the equipment, the additional charges will be based on Section 12. The County shall not be required to purchase more equipment, supplies, cables, etc than the Town pays for the first year of service =or any new ports or requested service or equipment. !ownership of equipment purchased pursuant to this agreement shall remain in Orange County. S. The County shall provide all equipment miaintena;;ce, replacement or upgrades at the same level as that provided for the other users of the Orange County Data Processing Center. The Town shall be responsible for repair of and the cost of repair and replacement to and the cost of replacement to equipment damaged by the Town's negligent or abusive use of the QgUilDogent. 6 4. The County shall not be liable for damages incurred by the Town caused by interruption and /or delay of services. However, the County shall do all things reasonably necessary to bring the service up to the required level as soon as possible after identification of the problem causing the interruption and /or delay. ;r%. The County shall provide the same "software„ maintenance services as provided other users of the Orange County Data Processing Center. 41. The County shall make available to the Town all existing "software" operational programs or new programs or re— programming that may become available to other users of the Center. If the County purchases such "software" from some third party which is used by the Town then the Town shall be asked to share pro rata in this purchase price. The County agrees to make such "cosmetic" changes as may be required to meet the particular needs of the Town. This type o-F programming, support- will be limited to twelve hours per port in section 1..A, per year. Custom programming is to be charged to the Town al, the currant rate of the person doing the ,fob plus fringe benefits. f. The county shall provide required operator training for each program to be used by the Town. Such operator training shall be available as required by the Town for the life of this agreement. O. The County shall provide necessary communication linkage between Town S. The County shall provide necessary communications linkage between Town ;fall, Pablic Works and the grange County Data Processing Center, 9. The County shall provide the Town with the same level of service and no less than equal priorities as other users of the Orange County Data Processing Center. its. The County shall provide a security system as a part of the software programming that will permit the Town to control user accessibility: ii. The County shall provide the same data security and retention of data for the Town as provided for other users of the system, including daily "back --up" and other routine security storage. 12- The Town shall make an annual Payment to the County in the amount of twelve hundred dollars ($1,200.00) for each port (Section 1. A) .provided b This payment to be paid Jul � r �' the County_ This is in effect_ The County will obi?lcthe�aTemn;monthlymfor actual computer reso rtes used based on the following: All computer use will be recorded and the total operating cost of thO Center will- .J�e.pro —rated to all users based an the actual percentage of use by that user. third will be based n connect time (actual time from LCOne to LOGOFF), one thi d will be based on disk reads (actual number of times dis, storage is accessed), and one third will be based on memory cycle use. The twelve hundred dollars pre —paid annually will be deducted from the bill based on charges per port (tiDC.00 minimum charge per month), je This agreement shall begin an July 1, i9�ci and shall end June 30th. or any year by mutual agreement of both: parties. The County :ray terminate the agreement upon one year native to the To wn. The Town may terminate this agreement with sixty s60) day written notice to the County. i4. This agreement is subject to the appropriation of the required funds by the Town council for the fiscal years commencing attar June 30, 19t7o. 15- This agreerne7lt may be amended in writing by mutual agreement aF the Count and the Town. TOWN OF CARB ORRO DRANGE eC[jN—,y LAY: — - -_ —_ - ���`-`" __- -___ —_ DY: — _ —_ ----- MOSES CARRY; 'CHAIRMAN 01 BOARD OF COMMYSSSONER�3/, Attest- :+ a 101, 11 e ov Ile At ,est: Beverly A. IythE, Clerk to the Orange county Commissioners 7 NORTH CAROLINA ORANGE COUNTY AGREEMENT THIS AGREEMENT' is entered into this�day of Xa-1, 1990 acid by and between the Town of Chapel Hill, a munici al corporation ( "The Town ") and Orange County, a body politic and Corporate ( "The County "). WHEREAS, the County presently operates and maintains a computer center serving various County departments and outside agencies and wishes to continue making its computer operations and services available to the Town; and WHEREAS, 4-he Town desires to purchase certain necessary computer services from the County; NOW THEREFORE, in consideration of the premises and the mutual promises set forth below, the parties agree that, for • fee (Section 12), the County shall provide 24- -hour, 7 day • week computer services to the Town, including equipment, hardware and software maintenance, required operator training and software programs along with required communications linkage, all to be provided in accordance with the following terms., conditions, and specifications. 1. The County shall provide the Town with the following equipment: /_ 7471 r A. 17 Mainfr -ame Ports B3 15" Data processing terminals C_ 1 High speed line printer D. 3„ Slow Speed prirtter(s) E. 2 16 Channel multiplexers (Town Hall) F. 2 56K Baud modems G. 2 4 Channel multiplexers (Police) H. 2 9600 Baud modems r 1. 2 Line drivers (PW) J. 2 4 Channel nrul tip lexers(Housing) 'y K. 2 4300 Baud modems 2. The Town may add additional equipment by aT addendum to this agreement (Section 15)_ The fixed f -et shall be prorated based on actual start date for 'e equipment, the additional charges will be based on Sett ojW,1Z, 12. The County shall not be required to purchase mere s equipment, supplies, cables, etc than the Town pays for the first year of service F r any new ports o-r• requested service � or equipment. Ownership of equipment purchased pursuant to this agreement shall remain in Orange County. :3. The County shall provide all equipment maintenance, replacement or upgrade_, at the same level as that provided for the other users of the OT,ange County Data Processing Center. The Town shall be responsible for repair of and the cost of repair and replacement to and the cost of replacement to equipment damaged by the Town's negligent or abusive use of the equipment. ,�I � �'. 4. The County shall not be liable for damages incurred by the Town caused by interruption and/or delay of services. However, the County shall. do all things reasonably necessary to bring the service up to the required level as soon as possible after identification of the problem causing the interruption and /or delay. 5. The County shall provide the same "software" maintenance services as provided other users of the Orange County Data Processing Center. 6_ The County shall make available to the Town all existing "software" operational programs -or new - programs or re— programming that may become available to other users of the Center_ If the County purchases. such "software" from some third parity which is used by the Town then the Town shall be asked to share pro rata in this purchase price. The County agrees to make such "cosmetic" changes as may be required to meet the particular needs of the Town. This type of programming support will be limited to twelve hours per port in section 1.A per year_ Custom programming is to be charged to the Town at the current rate of the person doing the ,lob plus fringe benefits. 7. The County shall provide required operator training for each program to be used by the Town. Such operator training shall be available as required by the Town for the life of this agreement. B. The County shall provide necessary communication linkage between Town Hall, Public Works, Transportation, Police, Housing and the Orange County Data Processing Center. 9. The County 5P "all provide the Town with the same level of service an4 no less than equal priorities as other users of the Orange County Data Processing Center. 10. The County shall provide a security system as a part of the software programming that will permit the Town to control user accessibility. 11_ The County shall provide the same data security and retention of data for the Town as provided for other users of the system, including daily "back —up " and other routine security storage. 12. The Town shall make an annual payment to the County in the amount of twelve hundred dollars ($1,200.00) for each port (Section 1.A) provided by the County. This payment to be paid by July 31st of each year this agreement is in effect_ The County will bill the Town monthly for actual computer resources used biased on the following: All computer use will be recorded and the total operating cost of the Center will be pro —rated to all users based on the actual percentage of use by that user. One third will be based on connect time tactual time from LOGON to LOGOFF), one third will be based on disk reads tactual number of times disk storage is accessed), and one third will be based on memory cycle use. The twelve hundred dollars pre —paid annually will be deducted from the bill based on charges per port ($100.00 minimum charge per month). 13. This agreement shall begin on July 1, 1990 and shall end June 30th of any year by mutual agreement of both parties. The Count ^g may terminate the agreement upon one year notice to the Torn_ The Torn may terminate this agreement with sixtkj '60) day written notice to the County. 14. This agreement is subject to the appropriation of the required funds by the Town council for the fiscal years commencing after ,June 30, 1990. 15. This agreement may be amended in writing by mutual agreement of the County and the Town. TOWN OF C AP L HILL BY: Attest: 10�8 ORANGE CO N'1Y By. _ _ _ __________ ------- MOSES CAREY, CHAIRMAN ORA BOARD OF COMMISSIONERS // Z4. Z,- � the, Cler to the Commissioners TOWN OF CHAPEL HILL Town Manager Town Clerk (SEAL) Approved as to Form: 0 ttorney This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. oian e Director ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. Moses Carey, Jr, 27278 Alice M. Gordon Stephen H. Halkiotis Verla I. Insko Don Willhoit January 9, 1991 Mr. Jim Baker Town of Chapel Hill 306 Columbia Street Chapel Hill, NC 27516 Dear Mr. Baker: 732 -8181 968 -4501 688 -7331 227 -2031 644 -3004 (Fax) Attached is'a copy of the'agreement- between the Town of Chapel Hill and Orange County for computer services. The County Board of'Commiasioners approved this agreement at their meeting held on.January 7, 1991. If you have any questions, please -be sure and call our Data Processing Director Keith Brooks. Thank you. Sincerely, Beverly A. Blythe, Clerk Board of Commissioners YOU COUNT IN ORANGE COUNTY ! January 9, 1991 Mr. Larry Gibson Town of Carrboro P.O. Box 337 Carrboro, NC 27510 Dear Larry: Attached is a copy of the agreement between the Town of Carrboro and Orange County for computer services. The County Board of Commissioners approved this agreement at their meeting held on January 7, 1991. If you have any questions, please be sure and call our Data Processing Director Keith Brooks. Thank you. Sincerely, Beverly A. Blythe, Clerk Board of Commissioners m cl trJ � z � � o y Z y O z � r C �d d O tzj [ I-A O y `O Ezi y � z H w d � y � � y d � o C) O o z y Z o � cl ro t3l m d C� (`) C7 a O O � Z C�J � U? y O C n y o a z Z z y jo co C y 0 CrJ co a w 110 0 � o CrJ Z Z w d O Z y U) C� � C) tzi C O U) H O CrJ tij 1-3 Z O tzj � o c� � x z d � m a z H c� 0 z c� r 0 z �I I9 N Z O H y CrJ y n I2 n f. L. r4 t-rl 71 wc� r I" 1-4 ks" P-4 4 1-2 LD -71 17 t ty, tt L7 x 0 t-Ti z d a y 0 z cn 0 y r tri z z y r-� y 'l� a m �d m �8 Z y r-q Ci] y o ,.d -, d O O � m � Z y �-C � b H Z d y W CD ro O '� � M d m y oil z y C7 .o LM En C,7 Z Z Z � y C� y t4 y � 2i C tzj CA) F-3 O C l 9 � O z o Z O G (Z' n t z y t y `' O K C� y ra w Z H cn x ; Z y H K t Cv n y U) x 0 t-Ti z d a y 0 z cn 0 y r tri z z y r-� y 'l� a A 4. r. L rl .71 �4 C-1 �71 rz IS: 7-1 O-T4 4-4 L11 I'TI 2" • T S t7 Al 44, tz: IK IK tv tr; 71 Oro OR cc ti "Al ti To the Orange County Commissioners The current crisis in the Middle East gives an urgency to the necessity to seriously look at our energy policy, or lack thereof, at all levels of government. This coupled with the almost daily reports indicating the serious and continuing degradation of our environment, much of it associated with our present energy use, clearly points to the need for action. Yet at neither the federal nor state levels of our governmental structure is this being done. At the local level we could fill this gap by establishing sound energy policies for our area, and begin this process by building our buildings in an environmentally sound way. Orange County is going to be building a new human resources center in Southern Orange County very soon. The groups listed below are requesting that this building be built in the following way: 1. Having a solar orientation. 2. Using passive solar heating and cooling with a natural gas back -up heating and cooling system. 3. Having a solar hot water heater. 4. Using daylighting. 5. Built so that all rooms have windows. 6. Using windows that will open. 7. Using energy efficient lighting. 8. Using energy efficient appliances. 9. Built to be able to be retrofitted with photovoltaics to supply electricity when this technology becomes economical. 10. Using natural and non -toxic building materials as much as possible,c" ks� do ► ,,. 11. Using the most advanced conservation technologies including the highest possible insulation, caulking and weatherstripping. 12. Built at a location accessible by the present bus system. All of the above are possible, and we believe possible in an economical way, particularly if societal costs are taken into account and long -term cost accounting is used. The thought of such a model building in Orange County is very exciting, and we hope to see it come into existence. Conservation Council of North Carolina Consumers Council of North Carolina New Hope Audubon Society Orange County Greens Piedmont Bioregional Institute Research Triangle Sierra Club Student Environmental Action Coalition Joyce. sracf_�?l eyues� 4 /Y[/ /C� - (Oo~,W e S UyC. )Z-4 y 7-9/ North Carolina is fortunate to have available high quality resources in the field of alternative energy technologies. The North Carolina Solar Center not only has available information, but the building itself is a working laboratory on passive solar heating. Photovoltaic panels were recently added to provide electricity for the building. The Alternative Energy Corporation provides information and sets up pilot projects on many aspects of alternative energy and energy conservation including energy efficient lighting technologies. The North Carolina Daylighting Center is one of only four such laboratories in the United States, and is doing research on daylighting technologies. All of the above provide information and assistance in alternative energy technologies without charge. The contact people and addresses are listed below. North Carolina Solar Center Mr. Larry Shirley, Executive Director Box 7401 North Carolina State University. Raleigh, NC 27695 1- 800 - 336 -2786 North Carolina Daylighting Center Dr. Wayne Place NCSU, Department of Architecture Brooks Hall on Pullen Road Raleigh, NC 27695 737 -2203 or 839 -2368 Alternative Energy Corporation Mr. Dave Ferguson P.O. Box 12699 Research Triangle Park, NC 27709 1 -800- 869 -6690 �Veo /.- 7- 1/ ORANGE COUNTY HOUSING DEVELOPMENT GRANT PROGRAM AWARD SUMMARY STATEMENT JANUARY 7, 1991 Background On October 19, 1990, orange County submitted a Housing Development Grant Application to the N.C. Department of Economic and Community Development (ECD) requesting $175,000 in Community Development Block Grant (CDBG) funds to be used for road construction /paving in the Chestnut Oaks Habitat subdivision. Recently, the County was notified of the preliminary award of this Housing Development Community Development Block Grant in the amount of $175,000 for the Chestnut Oaks Project. A final award will be made after the County addresses certain grant conditions within 90.days of preliminary award. ProZect_Summary Specifically, Housing Development Grant funds will provide funding to construct and pave the two roadways, Gemena Drive and Habitat Circle, serving the Chestnut Oaks subdivision. The County has committed $25,000 to assist in this effort making a total of $200,000 available for this activity. The N.C. Department of Transportation has agreed preliminarily to perform actual.road construction and paving. Chestnut Oaks is an 34 unit subdivision located in the Bingham Township being developed by Habitat for Humanity of Orange County, Inc. to provide homeownership opportunities for low and moderate income persons. Simultaneously, Habitat homes in the subdivision Five of these homes will be funds and the remaining six with local builders under Hope" project. Grant Conditions has committed to building eleven during the next 18 to.24 months. entirely financed by Habitat will be funded in cooperation the auspices of the "Street of The County has been notified that certain conditions must be fulfilled and approved in order to execute a grant agreement and make the award final. These conditions and a brief statement regarding each follows. 1. "A legally enforceable agreement between the County and Habitat for Humanity of Orange County that Habitat will carry out the activities proposed for it in Orange County's approved application." * An agreement is being drafted and should be ready for Board consideration in February. 1 2. "An assurance that all CDBG funds and program income generated will be expended outside the corporate city limits of Chapel Hill." * No program income will be generated by this project and the County can assure that funds will only be used in the Chestnut Oaks subdivision by letter to ECD. 3. "Documentation that the non -CDBG funds necessary to complete the project are committed.,' * The sources of non -CDBG funds committed to the project include the $251.000 County contribution and the commitment of construction of eleven homes by Habitat at an estimated cost of $226,000. The County has appropriated funds in the 1990 -91 budget to provide the $25,000 and can certify this contribution by letter to ECD. Habitat has approximately $100,000 on hand and must commit to providing the additional $126,000 necessary to fulfill their obligation. County. staff is working with Habitat to identify ways the organization can provide evidence of the availability of the remaining funds needed. Summary The County anticipates submitting all necessary documentation to the State within sixty days (March 8, 1991). Following this schedule, a grant agreement could be executed in April 1991 and the project begun immediately thereafter. M Y TYPES OF SYSTEMS I - SINGLE FAMILY CONVENTIONAL SYSTEM II -- SINGLE FAMILY PUMP SYSTEM III -- INDIVIDUAL SPRAY IRRIGATION SYSTEM IV - PRIVATE CLUSTER-SYSTEM V - PUBLIC CLUSTER SYSTEM VI - PACKAGE TREATMENT PLANT VII - SLUDGE DISPOSAL SITE 40 TYRES OF SYSTEMS I - SINGLE FAMILY CONVENTIONAL SYSTEM -CONSISTS OF A SINGLE SEPTIC TANK WITH THE EFFLUENT DRAINING BY GRAVITY TO A SUBSURFACE GROUND ABSORPTION FIELD. I I - SINGLE FAMILY DUMP SYSTEM - CONSISTS OF A SINGLE SEPTIC TANK AND A SINGLE PUMP CHAMBER WITH THE EFFLUENT BEING PRESSURE DOSED TO EITHER A CONVENTIONAL OR A LOST PRESSURE PIPE SUBSURFACE GROUND ABSORPTION FIELD. III - INDIVIDUAL SPRAY IRRIGATION SYSTEM - CONSISTS OF A SINGLE SEPTIC ! �� K,•SA vD FILTER, DISINFECT ION UNIT, AND PUMP CHAMBER `rITH EFFLUENT BEING APPLIED'TO THE LAND SURFACE BY SPLAY NOZ7LES. IV - DRIVATE CLUSTER SYSTEM - CONSISTS OF A SEWAGE COLLECTION NETWORK WITIri A CENTRAL TREATMENT PROCESS AND ON -SITE DISPOSAL OF THE EFFLUENT IN .A SUBSURFACE GROUND ABSORPTION FIELD. OWNERSHIP IS GENERALLY A. OROUP OF INDIVIDUALS OR A HOME OWNERS ASSOCiATI ON. V - DUBLIN" CLUSTER SYSTEM - CONSISTS OF A SEWAGE COLLECTION NETWORK WITH A CENTRAL TREATMENT PROCESS AND ON -SITE DISPOSAL OF THE EFFLUENT IN A SUBSURFACE GROUND ABSORPTION FIELD OIL A SPLAY IRRIGATION FIELD. OWNERSHIP AND OPERATION IS MOST OFTEN A PUBLIC UTILITY; lv' - PACKAGE T EA T Mm T PLANT - CONSISTS OF A SEWAGE COLLECTION NETWORK WITH A CENTRAL TREATMENT PROCESS. THE EFFLUENT IS DICHAR�ED TC A F LO 'VIII;C STREAM ACCORDING TO A TtiPDES PERMIT. VII - SLUDGE DISPOSAL-SITE - A SITE WKE.RE INACTIVE SLUDGE FROM AN APPROVED SE h'AGE TREATMENT PLANT IS LAND APPLIED FOR ULTIMATE DISPOSAL. ES.PO SIBILITIES EVALUATE SITE DESIGN SYSTEM APPROVE PLANS PERK IT S'Y'STEM SUPERVISE CONSTRUCTION TEST SYSTEM OPERATE SYSTEM MONITOR SYSTEM: MOiv ITORINO FREQUEN CY IDENTIFY FAILURES RESPOND TO FAILURES CORRECT FAILURES ACTION IF F AILURES RECURS SINGLE FAMILY CO NV RESPONSIBILITIES CURRENT EVALUATE SITE: OCHD DESIGN SYSTEM : OCHD APPROVE PLANS : OCHD PERMIT SYSTEM: OCHD SUPERVI SE CONSTRUCTION-, OCHD TEST SYSTEM : OCHD OPERATE SYSTEM: OWNER MONITOR SYSTEM : OCHD MONITORING FREQUENCY : NONE IDENTIFY FA I LURES : OCHID RESPOND TO FAILURES: OCHD CORRECT FAILURES: OWNER ACTION IF FAILURE RECURS: LEGAL ACTION* AI PROPOSED OCHD OC HD OCHD OCHD OCHD OCHD OWNER OCHD I /YEAR OCHD OCHD OWNER LEGAL ACTION* * LEGAL ACTION WILL BE A CRIMINAL AND /OIL CI v IL ACTION INITIATED BY OCHD THROUGH LOCAL COURT SYSTEM_ SINGLE FAMILY PUMP SYSTEM RESPONSIBILITIES EVALUATE SITE: DESIGN SYSTEM : APPROVE PLAINS: PERMIT SYSTEM: SUPERVISE COINSTRUCT ICON TEST SYSTEM OPERATE SYSTEM : MONITOR SYSTEM: MONITORING FREQUENCY- IDENTIFY FAILURES. RESPOND TO FAILURES: CORRECT FAILURES: ACTION IF FAILURE RECURS: CURRENT PROPOSED OCHD OCHD OCHD OCHD OCHD OCHD OCHD OCHD OCHD OCHD OCHD OCHD OW14ER OWNER OCHD OCHD NONE 2 /YEAR OCI OCHD OCHD OCHD OWNER OWNER LEGAL ACTION* LEGAL ACTION* ` LEGAL ACTION `vu'ILL BE A CRIMINAL AND /nR CIVIL ACTION IINITIATED BY OCHD THROUGH LOCAL COURT S ti� STEti. )IVIDi RESPONSIBILITIES EVALUATE SITE: DESIGN SYSTEM: APPROVE PLANS: PERMIT SYSTEM: SUPERVISE CONSTRUCTICN*: TEST SYSTEM OPERATE SYSTEM: MON I TOR SYSTEM: MONITORING FREQUENCY: IDENTIFY FAILURES: RESPOND TO FAILURES: CORRECT FAILURES: ACTION IF FAILURE RECURS: SPRAY IRRIG CURRENT SOIL SCIENTIST ENGINEER DEM DEM NONE NONE OWNER NONE 1 / 5 YEAR18 NONE iJ HM O WNER DEM NOTICE PROPOSED SOIL SCIENTIST ENGINEER DENT / OCHD DEM OCHD OCHD OWNER OCHD 2 /YEAR OCHD OCHD /DEM OWNER LEGAL ACTION* * LEGAL ACTION WOULD DE A DEM ENFORCEMENT ACTION INITIATED BY 0 CHD. PRIVATE RESPONSIBILITIES EVALUATE SITE: DESIGN SYSTEM: APPROVE PLANS: PERMIT SYSTEM: SUPERVISE CONSTRUCTION TEST SYSTEM: OPERATE SYSTEM: MONITOR SYSTEM: MONITORING FREQUENCY: IDENTIFY FAILURES; RESPOND TO FAILURES.- CORRECT FAILURES: ACTION IF FAILURE RECURS: UsTER SYSTEM CURRENT PROPOSED ENGINEER ENGINEER ENGIr -JTER ENGINEER DEH DEH OCHD OCHD OCHD OCHD OCHD CCHD OWNER OWNER OCHD OCHD I / YEAR 4 /YEAR OCHD OCHD OCH'D OCHD OWNER OWNER LEGAL ACTION* LEGAL ACTION AND CO. FUND* ` LEGAL ACTION WILL BE .A CRIMINAL AND /CR CIVIL ACTION INITIATED BY OCHD THROUGH LOCAL COURT SYSTEM. Wrap RESPO- NSIEILITIES EVALUATE SITE DESIGN SYSTEM: APPROVE PLANS : PERMIT SYSTEM: SUPERVISE CONSTRUCTION:. TEST SYSTEM.- OPERATE SYSTEM: MONITOR SYSTEM: MONITORING FREQULNCY : IDENTIFY FAILURES; RESPOND TO FAILURES: CORRECT FAILURES: ACTION IF FAILURE RECURS: CLUSTER SYSTEM cu RRENT PROPOSED ENGINEER ENGINEER ENGINEER ENGINEER DEM DEM DEM DEM NONE OCHD NONE OCHD PUB, UTILITY PUB. UTILITY NONE OCHD NONE 4 /YL EAR OCHD OCHD OCHD OCHD OWNER. OWNER LEGAL ACTION* LEGAL ACTION AND CO. FUND* * LEGAL ACTION WOULD H A DEM E?NFORCEMENT ACTION INITIATED BY OCHD. ACKAGE TREATMENT PLANT RESPONSIBILITIES EVALUATE SITE: DESIGN SYSTEM: APPROVE PLANS: PERMIT SYSTEM: SUPERVISE CONSTRUCT ION : TEST SYSTEM OPERATE SYSTEM: MON I TOIL SYSTEM: MONITORING FREQUENCY, IDENTIFY FAILIUrRES: RESPOND TO F A ILURKES : CORRECT Fp ! L UR.ES : ACTION IF FAILURE RECURS- CURRENT PROPOSED ENG INl =-ER ENGINEER ENGINEER ENGINEER �T L.JL DEM DEM DEM NONE OCHD NONE OCHD CERT. 0PER. CERT. OPER. NOME OCHD NONE 4 /YEn.R OCHE OCHD OCHD OCHD OWNER. OWNER L EGnL ACTION* LEGAL ACTION AND CO. FUND* * LEGAL ACTION 'COULD BE A DEM ENFORCEMEIS:T ACTION INITIATED Bv' OCHD. I RESPONSIBILITIES EVALUATE SITE: DESIGN SYSTEM: APPROVE PLANS: PERMIT SYSTEM: SUPERVISE CONSTRUCTiC14: TEST S 'STEM: OPERATE SYSTEM: MONITOR SYSTEM: MONITORING FREQUENCY IDENTIFY FAILURES. RESPOND TO FAILURES: CORRECT FAILURES: ACTION IF FAILURE RECURS: ISPOSAL SITE CURRENT PROPOSED ENGINEER ENGINEER ENGINEER ENGINEER DEM DEM DEM DEM NONE OCHD NONE OCHD PUB. UTILITY PUB. UTILITY NOME OCHD NONE 4 !FEAR OCHD OCHD OCHD OCHD OWNER OWNER LEGAL ACTION* LEGAL ACTION AND CO. FUND* * LEGAL ACTION WOULD BE A DEM ENFORCEMENT ACTION INITIATED BY OCHI7. MEMORANDLJM To: County Manager and Orange County Board of Commissioners From: Alice Gordon Subject: Orange County Board of Commissioners 1991 Goals Date: January 7, 1991 At the Annual Board of Commissioners' Goal Planning Retreat on December 8 1 presented several goals which I believe were adopted by consensus. BUDGET Increase efforts to 2romote efficiency-and sayinffl in OraqM County vernmental erations A. Identify ositive incentives for saving§ in gning prgKams funded in the continuation b -is of county departments and also outside units receivina county fundi . All units should be encouraged to phase out older, less productive programs and to identify more effective methods of delivering services_ Mote: My second suggestion, that the county consider the use of zero based buduating in some or all departments during the next fiscal year, was not adopted. Adopting the suggestion requires more effort because it involves starting each unit's budget at zero and evaluating all the programs to see if they should receive funding. GROWTH MANAGEMENT Promote effective long range olanning com ilin information which gives an overall r tine on armth and develooment. A. Provide an Infrastructure Im act Statement for each new develolifflent in the county's 'urisdiction Each subdivision or other development utilizes some of the capacity of the infrastructure, e.g. roads, parks and recreation, and schools. For each development, the staff would produce an Infrastructure Impact Statement which would specify the extent to which a given development utilizes some of this infrastructure capacity. B. W-06-with Ch —Hill . Carrb and-the Chapel HilL-Q@rrboro school V—Stomiurovido School Capacity I oact Statement for the Chapel Hill- Carrboro schools. The staff would work with these jurisdictions to obtain relevant information for new developments in the city school district so that the county can track the capacity utilization in that district. C. Provide a Fiscal impact Statement for each development in the caun 's Jurisdiction. For each new development, the staff would produce a Fiscal Impact Statement which specifies the anticipated tax revenues projected for a development as well as the projected cost of services and capital improvements to be required by the development. . , : yo;�I1p Y..,M� • }@ ORANGE COUNTY-- PI;ANNING DEPARTMENT ' 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 M E M O R A N D U M TO: John Link, County Manager FROM: Jim Hinkley, Environmental Planner r DATE: January 7, 1991 TIME: 1700 SUBJECT: 1. Scurlock Zoning Case Report to the Board of County Commissioners' Meeting of Monday, January 7, 1991 2. McDuffie and McMillan Zoning Cases COPIES: Marvin Collins, Planning Director 1. Paul G. Scurlock (Zoning Case No. 21) At the Board of Commissioners meeting of Tuesday, December 18, 1990, I reported that Mr. Scurlock had yet to make any progress in bringing his property into compliance with the Zoning Ordinance. At that meeting, the Board gave Mr. Scurlock an extension to correct violations on or before Monday, January 7, 1991, and I was instructed to return to the Commissioners on this date with a progress report on the matter. I inspected the Scurlock property between 1545 and 1605 hours today. I was accompanied by Deputy Sheriff Archie Daniel who was assigned to go with me by the Sheriff at the request of Beverly Blythe, Clerk to the Board of Commissioners. I took three pictures from the entrance and gate to the property which has access to U.S. 70. With the permission of Dr. Orin Pilkey, Deputy Daniel and I with Dr. Pilkey walked to the fence dividing the Scurlock and Pilkey property. Here, I took three more pictures. My findings were that the property had not been brought into compliance and remained essentially in the same condition as it had been on December 18, 1990. At 1555, a white Chevrolet Surburban and a Jerr -Dan vehicle- moving -truck entered the Scurlock property. Four men, one of whom was Mr. Scurlock, got out of the vehicles at which time Mr. Scurlock confronted Deputy Daniel. After the confrontation, Deputy Daniel advised that we leave. Adhering to his advice, Pilkey returned to his home and Daniel and I left the premises at 1505 hours. Consequently, I did not remain on the site to determine whether the Scurlock property was brought into compliance today. 2. Nathan D. and Lori B. McDuffie (Case No. 53) Gayle and Chris McMillan (Case No. 6) The McDuffies and McMillans were given extensions by the Board to bring their properties into compliance on or before Thursday, January 17, 1991. Given that abstracts for the Commissioners January 22, 1991 meeting are due on January 9 and the agenda is to be distributed on January 18, let me suggest that these cases be considered again under the "Manager's Report" on January 22. I can prepare a report of my findings which can be faxed /distributed to the Commissioners prior to the meeting. EMPLOYMENT AGREEMENT Agreement made this day of Jft"(j , 19V, by and among n o- a- , herein referred to as "Employee," the Orange Community Housing Corporation herein referred to as "Corporation," and the County of Orange herein referred to as "Employer." SECTION ONE EMPLOYMENT Employer hereby employs Employee to perform the duties of the Executive Director of Corporation and Employee hereby accepts and agrees to such employment. General supervision, orders, advice and direction shall come from and be the responsibility of Corporation. Employee shall perform such duties as are lawfully required by one holding such position in other, same, or similar businesses or enterprises as that engaged in by Corporation. SECTION TWO DUTIES Employee agrees that she will at all times faithfully, industriously, and to the best of her ability, experience, and talents, perform all of the duties that may be required of and from her pursuant to the express and implicit terms hereof, and as required by the laws of the State, to the reasonable satisfaction of Corporation and Employer. Such duties shall be rendered at 116 - B W. Main Street, Carrboro, North Carolina, the principal office of Corporation, and at such other place or places as Corporation 1 4 EMPLOYMENT AGREEMENT Agreement made this day of Jft"(j , 19V, by and among n o- a- , herein referred to as "Employee," the Orange Community Housing Corporation herein referred to as "Corporation," and the County of Orange herein referred to as "Employer." SECTION ONE EMPLOYMENT Employer hereby employs Employee to perform the duties of the Executive Director of Corporation and Employee hereby accepts and agrees to such employment. General supervision, orders, advice and direction shall come from and be the responsibility of Corporation. Employee shall perform such duties as are lawfully required by one holding such position in other, same, or similar businesses or enterprises as that engaged in by Corporation. SECTION TWO DUTIES Employee agrees that she will at all times faithfully, industriously, and to the best of her ability, experience, and talents, perform all of the duties that may be required of and from her pursuant to the express and implicit terms hereof, and as required by the laws of the State, to the reasonable satisfaction of Corporation and Employer. Such duties shall be rendered at 116 - B W. Main Street, Carrboro, North Carolina, the principal office of Corporation, and at such other place or places as Corporation 1 f shall in good faith require or as the interest, needs and business of Corporation and Employer shall require. Furthermore, Employee shall have all duties, powers and authorities provided in the Position Description attached as Exhibit A and the Bylaws of Corporation attached as Exhibit B. SECTION THREE TERM OF EMPLOYMENT The term of this agreement shall be a period of one year, commencing January 1-, 1991 and terminating January -7-1 1992, subject, however, to prior termination as hereinafter provided in Sections Seven and Nine of this agreement. SECTION FOUR COMPENSATION OF EMPLOYEE Employer shall pay Employee, and Employee shall accept from Employer, in full payment for Employee's services hereunder, compensation at the rate of Forty -Two Thousand Five Hundred Dollars ($42,500) per year (annum), payable every two weeks during the term of this agreement. For the purposes of compensation, Employee will be a contract employee of Employer. Corporation shall reimburse Employer for all of Employer's costs associated with the employment of Employee, including any termination compensation 'as described herein, by depositing 01 0 QS quarterly with the Finance Office of Employer to cover the salary and benefits described in this agreement. Quarterly payments shall be due and payable on January 7 , 1991, April 1, 1991, July 1, 1991 and September 1, 1991. K Employee.shall be eligible for workers compensation, medical, dental and life insurance and retirement coverage under Employer's benefit plan. Employee shall be entitled to twelve (12) days of sick leave and twelve (12) days of annual leave upon the commencement of the duties of Executive Director. Further, Employee shall be entitled to eleven (11) paid holidays: New Year's Day; Martin Luther King Jr. Is Birthday (3rd Monday, January); Good Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving (Thursday and Friday); Christmas (3 working days). SECTION SIX MODIFICATION OF CONTRACT No waiver or modification of this agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing duly executed as aforesaid, and the parties further agree that the provisions of this section may not be waived except as herein set forth. 3 SECTION SEVEN TERMINATION Employee shall be deemed an "employee at will" as that term is defined under the laws of North Carolina. Upon completion of the first ninety days of employment, Employer, Corporation and Employee will review the work performance of Employee. If Employee is continued in the position of Executive Director of Corporation following the ninety day review period, Corporation shall provide Employee and Employer with a written summary of the review results. Should Employer terminate Employee prior to the termination date of this agreement, Employer will pay Employee at the time of termination an amount equal to one month's salary of Employee. In the event of termination, all other benefits shall be provided or not to Employee as dictated by the law contained in COBRA. SECTION EIGHT GIFTS As a condition of employment, Employee agrees not to engage in any political or partisan activities or to accept any gratuities, such as but not limited to trips, gifts or cash that will affect or give the appearance of affecting the Employee's professional judgment. SECTION NINE APPLICABLE LAW AND SEVERABILITY The law of North Carolina and, to the extent applicable, of the United States shall control the construction and interpretation of this agreement. Any covenant contained herein may be severed 4 in the event it is held to be invalid by a court of competent jurisdiction, provided its severance does not defeat the intent of the parties as expressed.herein. If a provision is severed and severable as herein described, this agreement shall be interpreted as if such invalid covenants were not contained herein. In the event judicial severance of any covenant in this agreement defeats the intent of the parties, this agreement shall be terminated upon severance of the covenant. ORANGE COMMUNITY HOUSING CORP. EST - Secketary C air, rd of tors COUNTY OF ORANGE TTEST Beverly Blythe, Clerk to the Board of Commissioners 6L. AT EST Moses Carey, Jr. Chairman, Orange Cou Board of Commissioners DONNA L. DYER This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Officer Date 5 -7-,?/ I- PIC 0 6 AGREEMENT THIS AGREEMENT is entered into as of this 6th day of February, 1990, at Salt Lake City, Utah, by and between HUMAN AFFAIRS INTERNATIONAL, INCORPORATED, a Utah corporation ( "HAI ") and ORANGE COUNTY, a political subdivision of the State of North Carolina ( "Employer "), with its principal place of business in Hillsborough, North Carolina. WHEREAS, Employer wishes to provide a program for its employees under which they and their dependents will be able to obtain appropriate and necessary care for mental /nervous and chemical dependency problems from which they may suffer, and for such other personal problems as may interfere with their productivity and general well- being, and yet wishes to control the costs of such a program; and, WHEREAS, among its business activities, HAI organizes, operates and evaluates such programs for employers; NOW, THEREFORE, in consideration of the mutual covenants, conditions, representations and promises contained herein, HAI and Employer agree as follows: 1. Establishing Em_ployerfa. Per .gam. HAI agrees to provide the services to Employer defined in this Agreement and the Exhibits hereto. 2. Area gf Service. HAI shall furnish services to designated employees and dependents in the service area(s) specified in Exhibit B, Geographic Area of Service. 3, of Services. 'HAI shall provide the services set forth in Exhibit A, Scope of Services. 4. Payment to.HAI. Employer agrees to pay to HAI such sums, at such times, and under such conditions as set forth in Exhibit C, Schedule of Payments and Adjustments. All payments due to HAI hereunder shall be addressed to: Human Affairs International, Incorporated P.O. Box 27727 Salt Lake City, Utah 84127 -0727 Employer agrees to pay interest at the rate of one and one -half percent (1 1/2%) per month on all payments due hereunder which are not received by HAI within thirty (30) days of Employer's receipt of HAI's invoice. 5. Term of Service. This Agreement shall commence on the date set forth above, and shall remain in full force and effect unless terminated as provided herein. 6. Standard _Report Form. Attached hereto as Exhibit E, Standard Employer Report Form, is the standard form which will be used for reporting to Employer under this Agreement, unless HAI and Employer agree to a different form. 7. Exhibits Inc orated into Agreement. Attached hereto and by this reference incorporated into and made part of this Agreement are the following exhibits: (1) Exhibit A - Scope of Services (2) Exhibit B - Geographic Area of Service (3) Exhibit C - Schedule of Payments and Adjustments (4) Exhibit D - General Provisions (5) Exhibit E - Standard Employer Report Form (6) Exhibit F - Other Provisions IN WITNESS WHEREOF, HAI and Employer have affixed their signatures to this Agreement with the intention of being bound thereby. HAI: HUMAN AFFAIRS INTERNATIONAL, INCORPORATED By: James A. Plack Chief Operating Officer Date: 2 EMPLOYER: ORANGE COUNTY By: Title • HAIR; ORANGr COUNTY 190ARD OF CgMM:SSIONER Date: / 7 -- Uri EXHIBIT A - SCOPE OF SERVICE The Employee Assistance Program ( "EAP ") services provided Employer by HAI shall consist of the following components: 1. Counseling rvi HAI shall provide Employer's designated employees and their eligible dependents ( "clients ") counseling services 24 hours per day, 7 days per week. Non- emergency sessions may be scheduled during regular business hours. HAI shall provide 1 to 3 sessions per client per episode. For the purpose of this Agreement, "sessions" shall mean each separate occasion when HAI provides counseling to a client, whether by telephone or in person, provided that post - counseling evaluation sessions and post - referral telephone follow -up calls shall not count as a session. 2. Evaluation and Repar:ting. HAI shall maintain records for each client who contacts HAI for assistance, and shall monitor that client until the problem is resolved. If referral to a non -HAI provider is required, HAI agrees to provide follow -up monitoring of that referral. HAI will provide Employer a statistical report of all contacts and use of the EAP. Attached hereto as Exhibit E, Standard Employer Report Form, and incorporated herein, is the form which will be used for reporting under this Agreement, unless a different form is agreed to by HAI and Employer. HAI will provide these reports to Employer on a quarterly basis. 3. Publications and Dgguments. Pursuant to this Agreement, HAI agrees to provide various publications and documents. All generic materials (i.e., employee guides, wallet cards and supervisory guides) shall be provided by HAI at no extra cost. Any additional materials requested by Employer shall be provided at an additional cost to'Employer. HAI agrees that dissemination of such materials will be in accordance with Employer's policies and only with Employer's prior approval. 4. Training. During the first year this Agreement is in effect, HAI will provide training to Employer's employees and supervisors as negotiated between the parties, or as specified in Exhibit F. Supervisory training involves training supervisory personnel to recognize employee problems and to encourage employees to make use of the EAP. Employee training involves explaining to employees how they can make use of the EAP. Employer shall designate those supervisory personnel who are to.receive training. Unless otherwise negotiated by HAI and Employer, all training sessions shall be group sessions. 5. Full-Time Resident-Offices. In locations where Employer has more than 5,000 employees, HAI shall maintain a full -time resident office. 6. Account Executive. An HAI account executive based in Raleigh, North Carolina shall administer Employer's account. 3 EXHIBIT B - GEOGRAPHIC AREA OF SERVICE HAI shall provide services pursuant to this Agreement with Employer in the following geographic areas: -- - ...: Hillsborough, NC 450 4 EXHIBIT C - SCHEDULE OF PAYMENTS AND ADJUSTMENTS 1. Rat-g. For the first period February 6, 1990 through and including June 30, 1990, Employer shall pay HAI at a rate equal to the number of persons on Employer's payroll times one dollar and fifty --one cents ($1.51) per month. For the period July 1, 1990 through and including June 30, 1991, Employer shall pay HAI at a rate equal to the number of persons on Employer's payroll times one dollar and sixty -five cents ($1.65) per month. These total numbers shall include all designated personnel employed by Employer, including any who are absent for illness or injury or on leave of absence and any who are on lay -off with re- employment rights, or who are determined by Employer to qualify under COBRA. Commencing July 1, 1991, Employer shall pay HAI the "new rate" pursuant to the provisions of paragraph 3 of this Exhibit. Employer shall furnish HAI an employee count at the commencement of this Agreement and again on July 1, 1991. Thereafter, Employer shall furnish HAI an employee count on every one -year anniversary (i.e., from July 1, 1992) (the "contract anniversary "). 2. Pavm . Employer shall pay HAI quarterly in advance during the term of this Agreement. The initial payment by Employer to HAI shall be made February 6, 1990. - 3. Renegotiation —of Rate. Prior to July 1, 1991, and thereafter, prior to each contract anniversary, HAI and Employer shall reach agreement as to a new rate of payment under this Agreement, to go into effect on that date. If no such agreement is reached by thirty (30) days after that date, then this Agreement shall terminate immediately. 5 EXHIBIT D - GENERAL PROVISIONS 1. Professional-Qualifications. All counseling, assessment and referral services pursuant to this Agreement shall be provided by qualified, experienced clinicians with advanced degrees of at least a master's level, with special training both in short term counseling and in unmasking, assessing and treating-substance abuse problems. HAI, in its sole discretion, shall provide such professional counselors either from its employees or by retaining such qualified professionals as independent contractors to provide services under this Agreement. In the event that independent contractors are utilized, HAI shall nevertheless be solely responsible for ensuring that services are provided by such independent contractors as required by this Agreement. 2. Status of the Pgrties. HAI and Employer agree that HAI is an independent contractor and, except as otherwise provided in this Agreement or the exhibits hereto, neither is the agent of the other, nor is either authorized to act on behalf of the other in any manner. HAI shall be required, at its sole expense, to provide all supplies, equipment and personnel necessary for its performance as required herein. All personnel performing obligations of HAI hereunder shall either be employees of HAI or independent contractors retained by HAI. 3. Compliance with- L HAI shall be required to obtain, at its sole expense, all licenses and permits necessary for it to perform its obligations hereunder. Whenever necessary, Employer agrees to cooperate with HAI in providing such information and /or documents as may be necessary to obtain such licenses or permits. Both HAI and Employer agree to comply with all applicable local, state and Federal laws, rules and regulations prohibiting discrimination or otherwise regulating the terms and conditions of employment. 4. C n i lit . Employer agrees that all participation by its employees and their dependents in programs hereunder is voluntary and confidential, except as required otherwise by applicable law. HAI shall not be compelled to disclose to Employer any information with respect to program participants obtained by HAI pursuant to their participation in programs hereunder, except with the written consent of those participants, or as required by law. HAI agrees that all information pertaining to Employer obtained by its employees or any persons retained by it pursuant to this Agreement shall be kept confidential, except as required otherwise by applicable law. 5. Emplgyerls Rights Resipgcting Employmr&. In entering into this Agreement, Employer is not relinquishing any of its rights and obligations to control any facets of the employment relationship between Employer and participants in programs hereunder, including all rights to take disciplinary action relating to any employee of Employer. HAI agrees that the programs it provides for Employer 11 hereunder will not be made available as a sanctuary of disciplinary immunity for employees of Employer. Employer agrees that HAI shall bear no responsibility with respect to Employer's discipline or termination of its employees. 6. HAI Proprietary Data and Materials. Employer agrees that all publications furnished by HAI pursuant to this Agreement shall remain HAI's sole property and that Employer will do nothing to interfere with and /or appropriate HAI's proprietary rights therein. At the termination of this Agreement, Employer agrees to return all such materials remaining unused to HAI. Further, Employer agrees that it will not appropriate for its own use the systems or knowledge acquired from HAI hereunder. Employer agrees to keep confidential and not to disclose to any person or entity the information and /or management reports or systems utilized by HAI in discharging its responsibilities hereunder. 7. Insurance. HAI agrees to obtain and maintain during the term of this Agreement the following insurance: (i) comprehensive general liability in a minimum amount of five million dollars ($5,000,000.00) in the aggregate (in excess of deductible amounts); and, (ii) professional liability insurance (malpractice) in a minimum amount of five million dollars ($5,000,000.00) in the aggregate (in excess of deductible amounts). 8. Termination. a. For Cause. If either party fails to perform as required herein, the other party may terminate this Agreement by giving the non - performing party seven (7) days written notice of its intention to do so and specifying the effective date of such termination. b. Without Cause.' Either party hereto may terminate this Agreement, for any reason or no reason, by giving the other party forty -five (45) days written notice of its intention to do so and specifying the effective date of such termination. 9. Procedures uipan Terminatio -u. a. Generally. Upon termination of this Agreement, HAI shall deliver to Employer final reports reflecting utilization of Employer's program hereunder. Employer shall deliver to HAI all unused proprietary materials. HAI and Employer agree that the confidentiality and nondisclosure provisions of this Agreement shall survive termination. Employer shall pay HAI for all services provided prior to termination in accordance with Exhibit C, paragraph 1, provided that Employer shall be entitled to reimbursement of prepaid amounts applicable to periods following termination. VA b. Existing Clients. Employer acknowledges that, at the time of termination of this Agreement, some clients may be engaged in counseling as set forth in Exhibit A, Scope of Services, and it may be unethical and /or illegal to terminate such counseling without providing ongoing treatment for such clients. Upon receipt of Notice of Termination (if termination is by Employer) or upon its Notice of Termination (if termination is by HAI), HAI will furnish Employer a listing of the number of existing cases which fall into this category, together with its certification that it has examined the nature of the counseling and that ongoing treatment is required. Employer shall allow HAI to continue to provide such services at the rate of fifty -five dollars and no cents ($55.00) for each hour or session of counseling (whichever is less), or to make other clinically acceptable arrangements for continued services. 10, Assignment. HAI and Employer agr assign their rights hereunder without the prior the other, provided, however, that either party assignment to a subsidiary or parent entity, as assignment does not result in a material change rights and /or duties hereunder. ae that neither may written consent of may make such an long as such in the other party's 11. Entire Agregment. This Agreement, including all exhibits hereto, contains all of the terms and conditions of the agreement between HAI and Employer, and there are no representations or understandings between them except as are contained herein. This Agreement may only be than b a writing signed by the party to be charged with such change -�� c•� 12. G rni aw. This A ement has been entered into between the parties i the State of and the laws of sS& State o tishall govern its interpretation and enforcement. w 13. Notices. All notices or demands in connection with this Agreement given to or made upon either party shall be in writing and sent to that party at the following address, as modified from time to time by written notice: HAI: Human Affairs International, Incorporated 5801 South Fashion Blvd., Suite 255 Murray, Utah 84107 ATTN: Jill Winslow, Contracts Manager EMPLOYER: ATTN: 8 14. Dispute Resolution. In the event that a dispute arises concerning this Agreement or the performance of any obligations it establishes, either Employer or HAI (the "Parties ") may refer the dispute to a neutral adviser ( "Adviser ") for resolution. The Adviser shall be any person or organization mutually agreed upon by the Parties. Within twenty (20) days of the submission of the dispute to the Adviser, the Adviser shall meet with the Parties. At this meeting, the Adviser will attempt to assist the Parties in negotiating a resolution of the dispute. If that is not possible, the Adviser will recommend in writing, within ten (10) days of this meeting, a procedure for resolving the dispute. This procedure may be either non - binding or binding, with the agreement of the Parties. The procedure may be conducted by the Adviser or by another person or organization which the Parties, with the assistance of the Adviser, may agree upon, and will be subject to such ground rules as may be recommended by the Adviser. These ground rules will include provisions for information exchange, format and location of the procedure, and a time for completion of the procedure. If the Parties cannot agree on a procedure, they shall agree to attend a non - binding mediation session presided over by the Adviser. If the dispute cannot be resolved within such time as the Adviser deems reasonable, the Adviser shall, at the request of either Party, certify in writing that the dispute is incapable of resolution. No litigation, or formal filing of a complaint with relevant licensing bodies, shall be commenced by either Party in the absence of this written certification, except that either Party may commence same (1) in order to prevent the barring of the claim by an applicable statute of limitations or (2) if litigation is otherwise necessary to prevent irreparable harm to that Party. The Parties agree, however, (unless prohibited by court order) to continue to participate in the resolution process described in this section despite the commencement of litigation or licensure disciplinary proceedings. 9 EXHIBIT E - STANDARD EMPLOYER REPORT FORM See attached computerized report form. 10 HUMAN AFFAIRS INTERNATIONAL, INC. Generic Report PREPARED: 9/27/89 For Contract Year: PAGE: 1 CURRENT PERIOD THIS YEAR CATEGORY JANUARY YEAR -TO- -DATE PART I: NEW CASES CLIENT STATUS Employee 0 0.0 0 0.0 t Employee's Spouse 0 0.0 0 0.0 _% Employee's Child 0 0.0 0 0.0 Retiree 0 0.0 0 0.0 Retiree's Spouse 0 0.0 0 0.0 Retiree's Child 0 0.0 1 0 0.0 Other 0 0.0 % 0 0.0 Not Available 0 0.0 % 0 0.0 TOTAL 0 0.0 % 0 0.0 COUNSELOR CODE Number of Cases Seen by HAI Staff 0 0.0 96 0 0.0 Number of Cases Seen by HAY Affiliates 0 0.0 _% 0 0.0 Not Available 0 0.0 % 0 0.0 TOTAL 0 0.0 $ 0 0.0 CASE STATUS New 0 0.0 0 0.0 Reactivated 0 0.0 0 0.0 Reopened 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 $ 0 0.0 PRIMARY REFERRAL SOURCE Self - Referral 0 0.0 0 0.0 Employer Suggestion 0 0.0 0 0.0 _t Employer re: Work Performance 0 0.0 0 0.0 Family Initiated 0 0.0 0 0.0 Medical Department 0 0.0 0 0.0 HAI "800 line" staff 0 0.0 0 0.0 Other 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 PART II: NEW EMPLOYEE CASES EMPLOYEE STATUS Full -time Part -time Not Available TOTAL JOB CATEGORY Administrative /Management Professional /Technical Sales /Marketing Clerical Operations /Maintenance Labor /Manufacturing Other Not Available TOTAL JOB LEVEL Executive /Management Supervisor Exempt Non - Supervisory Non - Exempt Not Available TOTAL 0 0.0 HUMAN AFFAIRS INTERNATIONA -,, INC. 0.0 % 0 0.0 % 0 Generic Report _% 0 0.0 % 0 0.0 PREPARED: 9/27/89 For Contract Year: = $ 0 PAGE: 2 0 0.0 CURRENT PERIOD THIS YEAR CATEGORY JANUARY 0 YEAR -TO -DATE INFORMATION SOURCE ---------------------------------- 0 0.0 0 0.0 $ Home Mailing 0 0.0 _% 0 0.0 _% Literature /Poster 0 0.0 5% 0 0.0 _% Training Session 0 0.0 % 0 0.0 Family Member 0 0.0 % 0 0.0 Co- worker /Employee 0 0.0 % 0 0.0 Other 0 0.0 % 0 0.0 Not Available 0 0.0 % 0 0.0 TOTAL 0 0.0 _% 0 0.0 $ PART II: NEW EMPLOYEE CASES EMPLOYEE STATUS Full -time Part -time Not Available TOTAL JOB CATEGORY Administrative /Management Professional /Technical Sales /Marketing Clerical Operations /Maintenance Labor /Manufacturing Other Not Available TOTAL JOB LEVEL Executive /Management Supervisor Exempt Non - Supervisory Non - Exempt Not Available TOTAL 0 0.0 % 0 0.0 % 0 0.0 % 0 0.0 _% 0 0.0 % 0 0.0 % 0 0.0 $ 0 0.0 % 0 0.0 % 0 0.0 % 0 0.0 % 0 0.0 % 0 0.0 % 0 0.0 0 0 0.0 $ 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 $ 0 0.0 0 0.0 % 0 0.0 % 0 0.0 % 0 0.0 0 0.0 % 0 0.0 0 0.0 % 0 0.0 0 0.0 % 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 HUMAN AFFAIRS INTERNATIONAL, INC. Generic Report PREPARED; 9/27/89 For Contract Year: = PAGE: 3 CURRENT PERIOD THIS YEAR CATEGORY JANUARY YEAR -TO -DATE SHIFT ------------------- --- _-- - -- 1st. 0 0.0 % 0 0.0 % 2nd. 0 0.0 % 0 0.0 -% 3rd. 0 0.0 % 0 0.0 Rotating 0 0.0 % 0 0.0 Other 0 0.0 % 0 0.0 Not Available 0 0.0 % 0 0.0 TOTAL 0 0.0 0 0.0 LENGTH OF SERVICE Less than 1 year 0 0.0 0 0.0 1 year but less than 5 years 0 0.0 5% 0 0.0 5 years but less than 15 years 0 0.0 -% 0 0.0 15 years but less than 25 years 0 0.0 0 0.0 25 years or more 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 EMPLOYEE GENDER Male 0 0.0 0 0.0 Female 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 EMPLOYEE'S AGE Under 25 years 0 0.0 0 0.0 0 25--34 years 0 0.0 0 0.0 35 -44 years 0 0.0 0 0.0 45 -54 years 0 0.0 0 0.0 55 years or more 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 .0.0 5% 0 0.0 $ HUMAN AFFAIRS INTERNATIONAL, INC. 0.0 _% 0 Generic Report HS Graduate or Equivalent 0 0.0 _% 0 PREPARED: 9/27/89 For Contract Year: - Completed 1 -4 years of College 0 0.0 PAGE: 4 0 CURRENT PERIOD THIS YEAR CATEGORY JANUARY 0 YEAR- TO--DATE -------------------------------- EMPLOYEE'S ETHNIC ORIGIN 0 0.0 % 0 0.0 % White, Non - Hispanic Origin 0 0.0 0.0 0 0.0 % Black, Non - Hispanic Origin 0 0.0 0 0 0.0 % Hispanic 0 0.0 % 0 0.0 % Asian,-Pacific Islander, Indian Sub -cont. 0 0.0 % 0 0.0 % American Indian /Alaska Native 0 0.0 0 0.0 % Other 0 0.0 0 0.0 % Not Available 0 0.0 0 0.0 % TOTAL 0 0.0 $ 0 0.0 EMPLOYEE'S HIGHEST LEVEL OF EDUCATION Grades 1 -12 0 0.0 _% 0 0.0 % HS Graduate or Equivalent 0 0.0 _% 0 0.0 % Completed 1 -4 years of College 0 0.0 0 0 0.0 % College Graduate 0 0.0 45 -54 years 0 0.0 % Completed Graduate Degree 0 0.0 % 0 0.0 % Other 0 0.0 0.0 0 0.0 % Not Available 0 0.0 0 0 0.0 % TOTAL 0 0.0 % 0 0.0 % PART III: CLIENT DATA - NEW CASES GENDER Male 0 0.0 5% 0 0.0 % Female 0 0.0 $ 0 0.0 % Not Available 0 0.0 0 0 0.0 % TOTAL 0 0.0 45 -54 years 0 0.0 % AGE Under 25 years 0 0.0 5% 0 0.0 25 -34 years 0 0.0 _% 0 0.0 % 35 -44 years 0 0.0 % 0 0.0 % 45 -54 years 0 0.0 % 0 0.0 % 55 years or more 0 0.0 % 0 0.0 Not Available 0 0.0 _% 0 0.0 % TOTAL 0 0.0 % 0 0.0 % HUMAN AFFAIRS INTERNATIONAL, INC. 0.0 0 Generic Report Never Married 0 0.0 0 PREPARED: 9/27/89 For Contract Year: - Separated 0 0.0 PAGE: 5 0 CURRENT PERIOD THIS YEAR CATEGORY JANUARY 0 YEAR- TO--DATE _------------------------------------- ETHNIC ORIGIN 0 0.0 0 0.0 % White, Non - Hispanic Origin 0 0.0 _% 0 0.0 % Black, Non - Hispanic Origin 0 0.0 % 0 0.0 Hispanic 0 0.0 96 0 0.0 Asian, Pacific Islander, Indian Sub -cont. 0 0.0 5% 0 0.0 American Indian, /Alaskan Native 0 0.0 0 0.0 Other 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 $ 0 0.0 MARITAL STATUS Married 0 0.0 0 0.0 % Never Married 0 0.0 0 0,0 % Separated 0 0.0 0 0.0 5% Divorced 0 0.0 0 0.0 % Widowed 0 0.0 0 0.0 % Co- habitating 0 0.0 % 0 0.0 Not Available 0 0.0 % 0 0.0 TOTAL 0 0.0 96 0 0.0 HIGHEST LEVEL OF EDUCATION Grades 1 -12 0 0.0 0 0.0 High School Graduate or Equivalent 0 0.0 0 0.0 0 Completed 1 - 4 years of College 0 0.0 0 0.0 0 College Graduate 0 0.0 0 0.0 Completed Graduate Degree 0 0.0 0 0.0 Other 0 0.0 % 0 0.0 t Not Available 0 0.0 % 0 0.0 TOTAL 0 0.0 96 0 0.0 HUMAN AFFAIRS INTERNATIONAL,, INC. Generic Report PREPARED: 9/27/89 For Contract Year: -- PAGE: 6 CURRENT PERIOD THIS YEAR CATEGORY JANUARY YEAR -TO -DATE -------------------------------- PART IV: CLIENT PROBLEM DATA - NEW CASES -- ~ PRIMARY PRESENTING PROBLEM Alcohol 0 0.0,E % 0 0.0 Drugs Emotional 0 0.0 % 0 0.0 Marital 0 0.0 -% 0 0.0 Family 0 0.0 0 0.0 Physical Health 0 0.0 0 0.0 Another's Drug /Alcohol Problem 0 0 0.0 0.0 0 0 0.0 Another's Emotional /Health Problem 0 0.0 0 0.0 Legal 0.0 Financial Hardship 0 0 0.0 0.0 % 0 0.0 Housing 0.0 0 0.0 Occupational 0 0.0 0 0.0 Family Violence 0 0 0.0 0 0.0 Other 0 0.0 0 0.0 Not Available 0 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 0 0.0 0 0.0 PART V: STATISTICS ON INACTIVATED CASES PRIMARY ASSESSED PROBLEM Alcohol Drugs 0 0.0 % 0 0.0 Emotional 0 0.0 % 0 0.0 a Marital 0 0.0 -% 0 0.0 Family 0 0.0 0 0.0 Physical Health 0 0 0.0 0 0.0 Another's Drug /Alcohol. Problem 0 0.0 0.0 0 0 0.0 Another's Emotional /Health Problem 0 0.0 0 0.0 � Legal 0.0 Financial Hardship 0 0 0.0 0 0.0 Housing 0.0 0 0.0 Occupational 0 0.0 0 0.0 Family Violence 0 0.0 0 0.0 Other 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 TOTAL 0 0.0 0 0.0 0 0.0 0 0.0 HUMAN AFFAIRS INTERNATIONAL, INC. Generic Report PREPARED: 9/27/89 For Contract Year: PAGE: 7 _CATEGORY JANUARY YEAR -TO -DATE ---------------- --- -- - --- -- _ __ ______ FREQUENCY DISTRIBUTION OF SESSIONS - -� -- - Number of cases seen for 1 session 0 __- 0 Number of cases seen for 2 sessions 0 - -- 0 Number of cases seen for 3 sessions 0 - -- 0 Number of cases seen for > 3 sessions 0 -_- 0 -Tr TOTAL NUMBER OF SESSIONS 0 0 - ~r AVERAGE NUMBER OF SESSIONS PER CASE REFERRAL Yes 0 No 0 TOTAL 0 TYPE OF REFERRAL Inpatient Mental Health 0 Inpatient Alcohol and Drugs 0 Inpatient Other 0 Inpatient Total 0 Outpatient Counseling - Private 0 Outpatient Counseling -- Public 0 Outpatent Alcohol and Drugs 0 Outpatient Other 0 Outpatient Total 0 Self -Help Group: AA 0 Self -Help Group: NA 0 Self -Help Group: Al -Anon 0 Self -Help Group: ACOA 0 Self -Help Group: Other 0 Self -Help Group Total 0 Legal 0 Financial Hardship 0 Other 0 TOTAL TYPES OF REFERRALS 0 we 0.0 % 0.0 $ 0.0 % 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 It 0.0 % r� $ I 0.0 _% 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Me 0.0 0 0.0 0.0 0.0 € 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9 o 0.0 0.0 0.0 CURRENT PERIOD T THIS YEAR -- AVERAGE NUMBER OF SESSIONS PER CASE REFERRAL Yes 0 No 0 TOTAL 0 TYPE OF REFERRAL Inpatient Mental Health 0 Inpatient Alcohol and Drugs 0 Inpatient Other 0 Inpatient Total 0 Outpatient Counseling - Private 0 Outpatient Counseling -- Public 0 Outpatent Alcohol and Drugs 0 Outpatient Other 0 Outpatient Total 0 Self -Help Group: AA 0 Self -Help Group: NA 0 Self -Help Group: Al -Anon 0 Self -Help Group: ACOA 0 Self -Help Group: Other 0 Self -Help Group Total 0 Legal 0 Financial Hardship 0 Other 0 TOTAL TYPES OF REFERRALS 0 we 0.0 % 0.0 $ 0.0 % 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 It 0.0 % r� $ I 0.0 _% 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Me 0.0 0 0.0 0.0 0.0 € 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9 o 0.0 0.0 0.0 TOTAL NUMBER OF SESSIONS FOR EMPLOYEES SEEN DURING WORKING HOURS 0 0 HUMAN AFFAIRS INTERNATIONAL, INC. Generic Report PREPARED: 9/27/89 For Contract Year: -: PAGE: 8 CATEGORY CURRENT PERIOD THIS YEAR JANUARY ----------------------------- YEAR -TO -DATE TREATMENT PLAN ACTED ON -- - ____---- _-- w_ -_-_ -_ Yes Modified 0 0.0 0 0.0 % No 0 0.0 0 0.0 Not Available 0 0.0 0 0.0 % TOTAL 0.0 � 0 0.0 % 0 0.0 0 0.0 % EMPLOYEES SEEN DURING WORKING HOURS 0 0 TOTAL NUMBER OF SESSIONS FOR EMPLOYEES SEEN DURING WORKING HOURS 0 0 EXHIBIT F - OTHER PROVISIONS In addition to the terms and conditions contained in the Agreement between HAI and Employer, the following provisions shall apply: 1. Training. HAI shall provide eight (8) employee and /or supervisory group orientation /training sessions as defined in paragraph 4 of Exhibit A, free of charge. If additional training is requested by Employer, Employer shall pay HAI, upon receipt of HAI's invoice, the sum of ninety -five dollars and no cents ($95.00) per hour, plus expenses. 2. Health E n Seminags. As requested by Employer, HAI shall provide to Employer's employees health education seminars at a rate of ninety -five dollars and no cents ($95.00) per hour, plus expenses. 11 ITEMS FOR FOLLOWUP BOARD MEETING DATE: ITEM # TITLE TYPE OF FOLLOWUP FOLLOWUP COMPLETED -_ /,Ore- NOTES: