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Home My WebLink AboutAgenda - 12-17-1991_ a ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL TUESDAY, DECEMBER 17, 1991 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE OWASA OPERATION CENTER CLERK'S OFFICE. 400 JONES FERRY ROAD CARRBORO, 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. ADDITIONS OR CHANGES TO THE AGENDA II: 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. III. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Budget Ordinance Amendment #7 B. Hillhaven Settlement IV. RESOLUTIONS PROCLAMATIONS V. SPECIAL PRESENTATIONS A. 1991 NACo Awards VI. PUBLIC HEARINGS VII. REPORTS A. Government services Building -- Official Name B. Bond Referendum Survey VIII. ITEMS FOR DECISION -- •REGULAR AGENDA A. Child Protective Services Staff B. Proposed Use of Additional State Funding in Family Planning and Child Service Coordination Program C. Establish a School Bond Package Committee D. Employment Agreement -- Orange Community Housing Corporation E. Northside Property Easement Request from Chapel Hill F. Establish An Orange County Solid Waste Committee G. Conflict Management Workshop for Local Elected Officials IX. BOARD COMMENTS X. COUNTY MANAGER'S REPORT XI. APPOINTMENTS -- None XII. MINIITES XIII. EXECUTIVE SESSION XIV. ADJOURNMENT ( *) Indicates items that need immediate attention. APPROVED 1 6 92. MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 17, 1991 The Orange County Board of Commissioners met in Regular Session on Tuesday, December 17, 1991 at 7:30 p.m. in the OWASA Community Meeting Room on Jones Ferry Road in Carrboro, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., and Commissioners Alice Gordon, Stephen Halkiotis, Verla Insko and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly Blythe, Director of Housing and Community Development Tara Fikes, Purchasing Director Pam Jones, Budget Director Sally Kost, Public Works Director Wilbert McAdoo, Social Services Director Marti Pryor -Cook, Planners Don Powell, Mary Scearbo and David Stancil, Health Director Dan Reimer, Management Analyst Sharon Siler, Child Support Enforcement Director Janet Sparks, EM Director of Administration Jeanette Smith, EMS Director Nick Waters, and Solid Waste Manager Beth Wickham. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE I. ADDITIONS OR CHANGES TO THE AGENDA The report on the bond referendum survey was moved to items for decision to be considered with item "C" to establish a school bond package committee. 11. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Those citizens who indicated a desire to speak on an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Cecil Griffin, spokesperson for SEAL, Stop Eubanks Area Landfill, asked that a public hearing be scheduled by the Site Search Committee so that those citizens affected by the current boundaries of site OC -17 may be allowed to present their views. Most of the property owners were unaware of the addition of site 17 to the original list until after the two public hearings were held. Dr. N. K. Weng asked that the Board approve the final plat for Tanglewood Acres Subdivision leaving Storey Road as is during the sale of lots for Phase 1. He agreed to sign an agreement in which he would upgrade Storey Lane to a "paved, state road" with the subdivision of Lot B. This was referred to the County Manager for a report. PUBLIC CHARGE Chairman Moses Carey, Jr. read the public charge. C I t CONSENT AGENDA Commissioner III . ITEMS FOR DTCISION Conissioner In Agenda .as oust d below Motion was made by to approve those items on the Consent Ag A. BUDGET ORDINANCE AMENDMENT The Board approved amendment #7 to the Budget Ordinance and e ACES Grant project Ordinance as listed below: Gordon GENERAL+ FUND $ 42,070 Source - Intergovernmental $ 42,070 Appropriation - Human Services (to budget for Block Grant reallocation) (15,738) Source - Intergovernmental $ (15,738) Appropriation - Human Services Assistance funds) (to budget for reduction of Energy ACES COMP ON ENT ROJECT ORDINANCE GRAN of the Board of Commissioners that pursuant to Section 13•rant Be it ordained by the following q Chapter 159 of the General Statutes of North Carolina, project is hereby adopted. The project authorized is the ACES Comp one Development grant arded to the Orange County Department of Social Di Section I. vision of aw artment of Human Resources, the North Carolina Dep Social Services. are hereby directed to proceed with Section 2. The officers of the County rant document, the rules and the grant project within the g regulations of the North Carolina Department of Human Resources and the budget contained here revenues are anticipated to be available to Section 3. The following complete this project: $ 26,142 Intergovernmental - ACES Program appropriated for this project: Section 4. The following amounts are app ro P Human Services - ACES Program $ 26,142 finance officer is hereby directed to maintain within the The Section 5. fund sufficient specif is detailed account grant project to the grantor agency records to provide the accounting re wired by the grant agreement and federal and state q regulations. purpose of 1 fund for the Section 6. Funds may be advanced from genera requests should be made to Sec due. Reimbursement making payments manner. the grantor agency in an orderly and timely Co ies of this grant project ordinance shall be made available Section 7. P ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL TUESDAY, DECEMBER 17, 1991 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE OWASA OPERATION CENTER CLERK'S OFFICE. 400 JONES FERRY ROAD CARRBORO, 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. ADDITIONS OR CHANGES TO THE AGENDA II: 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. III. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Budget Ordinance Amendment #7 B. Hillhaven Settlement IV. RESOLUTIONJPROCLAMATIONS V. SPECIAL PRESENTATIONS A. 1991 NACo Awards VI. PUBLIC HEARINGS VII. REPORTS A. Government Services Building -- Official Name B. Bond Referendum Survey VIII. ITEMS FOR DECISION -- REGULAR AGENDA A. Child Protective Services Staff B. Proposed Use of Additional State Funding in Family Planning and Child Service Coordination Program C. Establish a School Bond Package Committee D. Employment Agreement -- orange Community Housing Corporation E. Northside Property Easement Request from Chapel Hill F. Establish An Orange County Solid Waste Committee G. Conflict Management Workshop for Local Elected Officials IX. BOARD COMMENTS X. COUNTY MANAGER'S REPORT XI. APPOINTMENTS - None XII. MINUTES X111. EXECUTIVE SESSION XIV. ADJOURNMENT ( *) Indicates items that need immediate attention. APPROVED 116192 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 17, 1991 The Orange County Board of Commissioners met in Regular Session on Tuesday, December 17, 1991 at 7:30 p.m. in the OWASA Community Meeting Room on Jones Ferry Road in Carrboro, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., and Commissioners Alice Gordon, Stephen Halkiotis, Verla Insko and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly Blythe, Director of Housing and Community Development Tara Fikes, Purchasing Director Pam Jones, Budget Director Sally Kost, Public Works Director Wilbert McAdoo, Social Services Director Marti Pryor -Cook, Planners Don Powell, Mary Scearbo and David Stancil, Health Director Dan Reimer, Management Analyst Sharon Siler, Child Support Enforcement Director Janet Sparks, EM Director of Administration Jeanette Smith, EMS Director Nick Waters, and Solid Waste Manager Beth Wickham. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE I. ADDITIONS OR CHANGES TO THE AGENDA The report on the bond referendum survey was moved to items for decision to be considered with item "C" to establish a school bond package committee. 11. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Those citizens who indicated a desire to speak on an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Cecil Griffin, spokesperson for SEAL, Stop Eubanks Area Landfill, asked that a public hearing be scheduled by the Site Search Committee so that those citizens affected by the current boundaries of site OC -17 may be allowed to present their views. Most of the property owners were unaware of the addition of site 17 to the original list until after the two public hearings were held. Dr. N. K. Weng asked that the Board approve the final plat for Tanglewood Acres Subdivision leaving Storey Road as is during the sale of lots for Phase 1. He agreed to sign an agreement in which he would upgrade Storey Lane to a "paved, state road" with the subdivision of Lot B. This was referred to the County Manager for a report. PUBLIC CHARGE Chairman Moses Carey, Jr. read the public charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve those items on the Consent Agenda as listed below: A. BUDGET-ORDINANCE AMENDMENT f7 The Board approved amendment #7 to the Budget ordinance and the ACES Grant project Ordinance as listed below: Source - Intergovernmental $ 42,070 Appropriation - Human Services $ 42,070 (to budget for Block Grant reallocation) Source - Intergovernmental $ (15,738) Appropriation - Human Services $ (15,738) (to budget for reduction of Energy Assistance funds) ACES COMPONENT DEVELOPMENT PROJECT GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the ACES Component Development grant awarded to the Orange County Department of Social Services by the North Carolina Department of Human Resources, Division of Social Services. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Human Resources and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - ACES Program $ 26,142 Section 4. The following amounts are appropriated for this project: Human Services - ACES Program $ 26,142 Section 5. The finance officer is hereby directed to maintain within the grant project fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the general fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section 8. This project ordinance shall be in effect from November 8, 1991 until May 31, 1992. B. HILLHAVEN SETTLEMENT The Board approved an agreement with the Hillhaven Corporation that would settle outstanding charges owed by Hillhaven Convalescent Center to Orange County for non - emergency ambulance transports during the period July 1, 1989 - June 30, 1991 in the amount of $10,428. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLUTIONS PROCLAMATIONS - NONE V. SPECIAL PRESENTATIONS A. 1991 NACo AWARDS Chairman Moses Carey presented awards to and the County Commissioners congratulated the winners of the 1991 NACo awards. Janet Sparks received the award for Project Kids; Nick Waters received the award for the Comprehensive Training Program for emergency communications personnel; Mary Scearbo received the award for the Environmental Impact Program; David Stancil received the award for the Orange County Land Use Plan and Don Powell received the award for the Rural House Numbering Program. VII. REPORTS A. GOVERNMENT SERVICES BUILDING - OFFICIAL NAME John Link reported that the letters for the official name of the new government services building which is currently under construction need to be ordered within the next few weeks. This name will go over the front entrance to that building. Also, the present tax and records building will need to be renamed. It was decided that John Link would bring back for the Boards' consideration several names for both of these buildings. These will be presented on January 6, 1992 for consideration. John Link made reference to the stairwell which has a glass wall to the outside and stated that staff has considered several stained glass pictures for this wall which would show different things about the county. He will get a final cost from the artist within the next six weeks and bring this item back to the Board for further consideration. An attempt will be made to contact local artists who may be skilled in doing stained glass and interested in doing this type of work. MANAGER'S COMMENTS John Link informed the Board that the Social Services Director and staff received 470 points out of 500 on their recent monitoring process conducted by the State. Orange County is rated very high in the State ratings. Social Services Director Marti Pryor -Cook explained the process and the approach they have chosen which is client focused. A. BOND REFERENDUM SURVEY This item was moved to "Items for Decision" and will be considered with item "C ". VIII. ITEMS FOR DECISION - REGULAR AGENDA A. CHILD PROTECTIVE SERVICES STAFF The 1991 session of the N.C. General Assembly appropriated $3.25 million for FY 1991 -92 and $7 million for FY 1992 -93 to county departments of social services, beginning January 1, 1992. The funds are specifically designated for additional staff to assist counties to provide protective or preventive services when child abuse, neglect, or dependency has been confirmed, and may not be used to supplant other funding budgeted for protective services. Orange County's share of the FY 1991 -92 allocation is $32,000 (6 months) and staff projects the FY 1992 -93 allocation will be approximately $64,000. County matching funds are not required. These additional funds will enable the Department to employ one Child Protective Services Supervisor, and one Social Work In -Home Assistant. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve accepting the state funds for Child Protective Services staff and that continuation of the positions be based on continued state funds. B. PROPOSED USE OF ADDITIONAL STATE FUNDING IN FAMILY PLANNING AND CHILD SERVICE COORDINATION PROGRAM Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve accepting both the State funds and the Medicaid projections, authorize the Chair to sign the Consolidated Contract Budget Amendments, and establish the new Public Health Nurse I position, contingent upon an annual review of continued State funding and Medicaid revenue sufficient to fund the position. VOTE: UNANIMOUS C. ESTABLISH A SCHOOL BOND PACKAGE COMMITTEE BOND REFERENDUM SURVEY Commissioner Willhoit emphasized that although the School Capital Advisory Committee did a lot of work on the school bond package, they did not reach a consensus. He feels it is critical that a community consensus on the package is reached before placing a school bond on the ballot in May. Chair Carey believes that consensus starts with the elected officials taking a stand, especially the School Boards. Commissioner Gordon stated her opposition to another committee. She feels the elected officials need to start interacting and to also conduct a telephone survey. She emphasized that a consensus was reached on the needs but not on the costs of those needs. Several citizens spoke in favor of continuing with the bond issue for May. Two people spoke against the bond issue stating that Orange County residents would be paying for Chapel Hill Schools, that the tax is too much of an increase in taxes and the merger issue is not being addressed. After extended discussion it was decided that the County Commissioners would meet with the two school boards in an effort to reach a consensus between the three boards and promote a community consensus on a proposed bond issue. Chairman Carey will meet with the two Chairs of the school boards and a facilitator to determine the agenda and arrange meeting times. All expenses for these meetings will be taken from contingency. The Board discussed the bond referendum survey. It was decided that a telephone survey should be conducted in January. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis that John Link be authorized to negotiate a contract with the firm of Johnston, Zabor and Associates. He will bring back to the Board at their next regular meeting a sample survey which will include the objectives of the Board of Commissioners. VOTE: UNANIMOUS D. EMPLOYMENT AGREEMENT - ORANGE COMMUNITY HOUSING CORPORATION Motion was made by Commissioner Gordon, seconded by Commissioner Insko to renew the Employment Agreement with the executive director of the Orange Community Housing Corporation for a period ending June 30, 1992, and to authorize the Chair to sign after approval by the County Attorney. VOTE: UNANIMOUS E. NORTHSIDE PROPERTY EASEMENT REQUEST FROM CHAPEL HILL Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to grant an easement on the Northside Multi - Purpose Center site to the Town of Chapel Hill in order that they can relocate sections of an existing pedestrian trail contingent upon the approval of the County Attorney and to authorize him to generate the appropriate documents for recording the easement. VOTE: UNANIMOUS F. ESTABLISH AN ORANGE COUNTY SOLID WASTE COMMITTEE Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis that this item be referred to the County Manager to bring back to the Board on January 21 a charge for this committee, budgetary impacts and a report on how this committee will address the goals and objectives set by the County Commissioners. VOTE: UNANIMOUS G. CONFLICT MANAGEMENT WORKSHOP FOR LOCAL ELECTED OFFICIALS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to allocate $950 from contingency for a workshop for local elected officials designed to help them manage conflict more effectively. VOTE: UNANIMOUS IS. BOARD COMMENTS.- NONE :�� 4twpw� X. COUNTY MANAGERfS REPORT - NONE XI. APPOINTMENTS - NONE XII. MINUTES Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the minutes for the regular meeting of december 2, 1991 as corrected. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further business to come before the Board, Chair Carey adjourned the meeting. The next regular meeting will be held on Monday, January 6, 1992 at 7:30 p.m. in the courtroom of the Old County Courthouse, Hillsborough, North Carolina. Moses Carey, Chair Beverly A. Blythe, Clerk ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No Mr: ACTION AGENDA ITEM ABSTRACT Meeting Date: December 17, 1991 SUBJECT: Budget Ordinance Amendment #7 DEPARTMENT Budget PUBLIC HEARING YES NO _X_ ATTACHMENT(S) INFORMATION CONTACT (1) Proposed Budget Amendments Budget office, Extension 2450 (2) ACES Grant Project Ordinance TELEPHONE NUMBER (3) ACES Grant Award Letter Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 ----------------------------------------------------------------- - - ---- PURPOSE: To approve proposed budget ordinance amendments and grant project ordinance. BACKGROUND: (1) Orange County Department of Social Services has received additional Block Grant funding for this fiscal year. These funds will be utilized to expand the number of clients receiving payments through the Foster Care, Adolescent Parenting and CHORE programs. This amendment will increase the total allocation for the Protective Services program by $42,070. No additional County funds are required. (2) Orange County Department of Social Services has received notification from the State of a funding decrease in the Energy Assistance program. This decrease, totalling $15,738, will provide funds for approximately the same number of clients as served last year; however, program payments will be lower than last year's. (3) Orange County Department of Social Services has received a JOBS Component Development Project grant from the State. This grant, which totals $26,142, will enhance services offered to JOBS participants by helping them develop self- awareness and achieve self - sufficiency. The grant period began November 8, 1991 and ends May 31, 1992. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners adopt the proposed Budget Ordinance Amendments and ACES Grant Project Ordinance. + I 2 ORANGE COUNTY PROPOSED 1991 -92 BUDGET AMENDMENTS The 1991 -92 Orange County Budget Ordinance, as amended, is amended as follows: BUDGET AMENDMENT #7 BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT (1) GENERAL FUND Source: ,Intergovernmental $ 7,364,693 $ 42,070 $ 7,406,763 Appropriation: Human Services 12,213,200 42,070 12,255,270 To budget for Block Grant reallocation. (2) GENERAL FUND Source: Intergovernmental $ 7,406,763 $(15,738) $ 7,391,025 Appropriation: Human Services 12,255,270 (15,738) 12,239,532 To budget for reduction of Energy Assistance funds. BUDGET AMENDMENT #7 3 ACES COMPONENT DEVELOPMENT PROJECT GRANT PROJECT ORDINANCE Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project is hereby adopted. Section 1. The project authorized is the ACES Component Development grant awarded to the Orange County Department of Social Services by the North Carolina Department of Human Resources, Division of Social Services. Section 2. The officers of the County are hereby directed to proceed with the grant project within the grant document, the rules and regulations of the North Carolina Department of Human Resources and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Intergovernmental - ACES Program $ 26,142 Section 4. The following amounts are appropriated for this project: Human Services - ACES Program $ 26,142 section 5. The finance officer is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal and state regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this grant project ordinance shall be made available to the finance officer for direction in carrying out this project. Section S. This project ordinance shall be in effect from November 8, 1991 until May 31, 1992. Adopted this 17th day of December 1991. 4 ds. srntE 4 North Carolina Department of Human Resources Division of Social Services 325 North Salisbury Street * Raleigh, North Carolina 27603 Courier # 56 -20 -25 James G. Martin, Governor Mary K. Deyampert, Director David T. Flaherty, Secretary (919) 733 -3055 November 26, 1991 Ms. Martha N. Pryor -Gook, Director Orange County Department of Social Services 300 west Tryon street Hillsborough, North Carolina 27278 Dear Ms. Pryor -cook: We appreciate the considerable amount of time and effort your county staff invested in the Component Development Project proposal. Your proposal reflects the exemplary coordination and developmental expectations of the projects, as well as a sincere interest in serving JOBS participants.- This letter serves to confirm the approval telephoned to your staff. You are.. authorized to proceed with this project with a budget of $ 26,142.00, effective November 8, 1991, through May 31, 1992. We remand you that these Component Development funds are not exempted from the usual Division and JOBS budgetary policies. Based on your proposal, we caution you on the following specific issues. 1) Due to the tenuous nature of funding for Component Development Projects, it is important that the county DSS be able to use its regular JOBS allocation to provide case management services to all program participants, whether in activities funded by Component Development' Project funds or other funds. In this manner, county departments do not axperience year --to --year decisions that determine the stability of staff positions. Consequently time spent in providing case management services cannot be charged to the Component Development Project. Case Management includes counseling, advocacy, monitoring, and planning activities which are specific to an individual JOBS participant. We do recognize that there are coordination, arrangement, and monitoring activities that are necessary in the development of new components. These activities can be charged to the Component Development Project as JOBS Program Development (service code 523) when they relate specifically to the component activity described in the approved project. proposal. JOBS Program Development activities differ from case management in that they are not specific to an individual participant. OUNGE COUNTY NOV 271991 SOCIAL 0-0,110Ej 5 Ms. Martha N. Pryor-Cook, Director November 26, 1991 Page 2 2) The use of project funds for the purchase of materials not considered to be eansumables, mast cmTply with JOBS policy. Examples of non- consumables include audio- visual aids, software, reference materials, etc. Any such materials must be; a) purchased by the Department of Social Services, b) retained by the Department of Social Services, and c) used exclusively for JOBS participants. (files of Wiles are notebooks, paper, and other supplies to be used by the participants.) 3) Remember that "entertairmtkg t costs, amu sements - _social activities, and the incidental costs related thereto" are not allowable costs. We do recognize, however, that participation in cultural activities can help an individual to develop the type of self- awareness and respect for others that are important in achieving self- sufficiency. Therefore, the use of JOSS funds for cultural activities is only allowed when: a) the activity is specifically designed for the purpose of cultural awareness; b) the need for increased self- awareness, respect for others, etc. through participation in cultural activities is clearly documented in the assessment and employability planning process Of each individual participant; AMID c) the participant is simultaneously involved in an Education or Job Readiness program that allows for and prcmiotes discussion about and full appreciation of the cultural content of the activity. This criteria is employed as a way to encourage you to exercise prudent judgement in the identification of activities that you define as "cultural" and that you make available to participants with JOBS Co ponent Development Project funds. If you have any questions regarding the appropriateness of any planned expenditures, please confer with the Employment Programs Section staff. R Ms. Martha N. Pryor-Cook, Director November 26, 1991 Page 3 We request your cooperation in two fiscal management areas. if you recognize that the approved budget includes senses that are not within the parameters of'budgetary policy, or is greater than you can reasonably expect to spend, please inform us as soon as possible. Also, please monitor project expenditures on a monthly basis and submit requests for refit in a timely fashion. Reporting instructions are attached. Please refer questions concerning fiscal reporting to Jim Dean, Chief Fiscal Officer. The intended nature of the agency /organization partnership was one of substantive r' ti az in tie' provision, on, and a valuati c n 'of the acmpor !t activity. As such, we would encourage the active and continuous involvement of your partner (s) in each phase of your county's project, to include the project evaluation. Final evaluations of your Component Development Project must be submitted no later than June 30, 1992. Again, thank you for your interest in the Component Development congratulations on your selection. We wish you success in the implementation of your project. Please let us know if we can be assistance. Sincerely, 'J• '�" Lucy W. Burgess, Chief Employment Programs Section J Dean Chief Fiscal Officer LWB /JD /atc cc: Melinda Hamrick Jan Elliott Jean McCoy Proj eat anci N 9 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No III' -I3 ACTION AGENDA ITEM ABSTRACT Meeting Date: December 17, 1991 SUBJECT: Hillhaven Settlement for Non - Emergency Transport Fees -------------------------------- DEPARTMENT County Manager -------------------------------- ATTACHMENT(S) Proposed Hillhaven Settlement Agreement Approved UNC Hospitals Settlement Agreement PUBLIC HEARING YES NO X INFORMATION CONTACT Rod Visser, ext 2300 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To consider approval of an agreement with the Hillhaven Corporation that would settle outstanding charges owed by Hillhaven - Convalescent Center to Orange County for non - emergency ambulance transports during the period July 1, 1989 - June 30, 1991. BACKGROUND: Last spring, the Board of Commissioners directed the County Manager and County Attorney to seek settlement of outstanding charges for non - emergency ambulance transportation services provided by Orange County to the UNC Hospitals and to Hillhaven Convalescent Center during the period July 1, 1989 - June 30, 1991. In May 1991, the Hospitals and the County agreed upon charges at the rate of $50 per trip plus $2.00 per patient loaded mile for all emergency transports during the cited period. The Hospitals have paid the County $18,826 in settlement of outstanding charges for that period. Hillhaven has agreed to settlement of outstanding charges incurred during the same period, under terms that essentially parallel the settlement with UNC Hospitals. The amount that will be due Orange County in accordance with the attached settlement agreement is $10,428. In the 1991 -92 Budget Ordinance, the Board of Commissioners approved a revised fee for non - emergency ambulance transports for all service users. Effective July 1, 1991, the fee is $60 per call plus $3.00 per patient loaded mile. RECOMMENDATION(S): The Manager recommends that the Board approve the settlement agreement and authorize the Chair to sign it. K STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN THE HILLHAVEN CORPORATION AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made and entered into the 1st day of July, 1989, "by and between the Hillhaven Corporation, hereinafter referred to as "THE CORPORATION" and Orange County, North Carolina, hereinafter referred to as "THE COUNTY ". WITNESSETH: WHEREAS, THE CORPORATION has the need for non -- emergency, medically necessary transportation (hereinafter referred to as "transportation services ") for its patients; and WHEREAS, THE COUNTY is licensed by the State of North Carolina to provide, can provide and is willing to provide transportation services; NOW, THEREFORE, in consideration of the following mutual promises, covenants and conditions, THE CORPORATION and THE COUNTY agree as follows: I THE CORPORATION'S RESPONSIBILITIES 1. To notify Orange Central Communications of the need for transportation services and any case - specific require- ments associated with those services. 2. As supplier to its patient of the transportation services, to make all claims and be responsible for all correspondence and communication related to insurance reimbursement and Medicare and Medicaid reimbursement under the Medicare program. 3. To pay THE COUNTY for the transportation services provided to it at the rate of $50.00 mile for each transportation service CORPORATION agrees to pay THE COUNTY transportation services within thirt; receipt of invoice. THE CORPORATION for transportation services invoices plus $2.00 per loaded requested. THE invoices for V (30) days of the shall remit its payment to: Orange County Department of Revenue Attention: John Horner Post Office Box 8181 Hillsborough, North Carolina 27278 3 N THE COUNTY'S RESPONSIBILITIES 1. To respond to request for transportation services requested by THE CORPORATION according to a protocol to be contained in a letter or exchange of letters between THE CORPORATION and Orange County Emergency Services. 2. To remain licensed by the State of North Carolina, Office of Emergency Medical Services, Division of Facility Services, Department of'Human Resources and any other licensing agency as a provider of transportation services. TERM OF AGREEMENT This Agreement shall cover the period from the 1st day of July 1989 to and including the 30th day of June, 1991. TERMINATION OF AGREEMENT This Agreement or its renewals may be terminated at any time without penalty by either party, provided that written notice of such termination is furnished to the other party at least thirty (30) days prior to termination. The parties agree and understand that the Director of Orange County Emergency Services may temporarily.suspend the services under this Agreement in the event of a disaster within the County requiring substantially all of the medical transportation resources available to Orange County. A a ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this Agreement. IN TESTIMONY WHEREOF, THE CORPORATION has caused this instrument to be signed in its name by its duly authorized officer and THE COUNTY has caused this instrument to be signed in its name by its duly authorized officers and its seal to be affixed by authority of its Board of Commissioners the day and year recited above. ATTEST: By: FOR AND ON BEHALF OF: THE HILLHAVEN CORPORATION By: Sharon Luquire Director of Operations FOR AND ON THE BEHALF OF: ORANGE COUNTY, NORTH CAROLINA By: Moses Carey, Jr. Chairman, Orange County Board of Commissioners Beverly Blythe, Clerk Orange County Board of Commissioners [SEAL] 5 6 i STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN THE UNIVERSITY OF NORTH CAROLINA HOSPITALS AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made and entered into the 1st day of July, 1989, by and between the University of North Carolina Hospitals, hereinafter referred to as. "THE HOSPITAL" and Orange county, North Carolina, hereinafter referred to as "THE COUNTY ". WITNESSETH: WHEREAS, THE HOSPITAL has the need for non - emergency, medically necessary transportation (hereinafter referred to as "transportation services ") for its patients; and WHEREAS, THE COUNTY is licensed by the State of North Carolina to provide, can provide and is willing to provide transportation services; NOW, THEREFORE, in consideration of the following mutual promises, covenants and conditions, THE HOSPITAL and THE COUNTY agree as follows: 1 FA HOSPITAL RESPONSIBILITIES 1. To notify Orange Central Communications of the need for transportation services and any case - specific requirements associated with those services. 2. As supplier to its patients of the transportation services, to make all claims and be responsible for all correspondence and communication related to insurance reimbursement and Medicare and Medicaid reimbursement under the Medicare program. 3. To pay THE COUNTY for the transportation services provided to it at the rate of $50.00 plus $2.00 per loaded mile for each transportation service requested. THE HOSPITAL agrees to pay THE COUNTY invoices for transportation services within 15 days of the receipt of invoice. THE HOSPITAL shall remit its payment for transportation services invoices to: The Orange County Department of Revenue Post Office Box 8181 Hillsborough, North Carolina 27278 Attention: John Horner COUNTY RESPONSIBILITIES 1. To respond to requests for transportation services requested by THE HOSPITAL according to a protocol to be contained in a letter or exchange of letters between THE HOSPITAL and Orange County Emergency Services. 2 8 2. To remain licensed by the State of North Carolina, Office of Emergency Medical Services, Division of Facility Services, Department of Human Resources and any other licensing agency as a provider of transportation services. 3. To monthly invoice THE HOSPITAL for transportation services provided invoices shall be directed to: Mr. W. W. Hill Department of Social Work UNC Hospitals 101 Manning Drive Chapel Hill, NC 27514 TERM OF AGREEMENT This Agreement shall cover the period from the 1st day of July, 1989 to and including the 30th day of June, 1991. TERMINATION OF AGREEMENT This Agreement or its renewals may be terminated at any time without penalty by either party, provided that written notice of such termination is furnished to the other party' at least ninety (90) days prior to termination. The parties agree and understand that the Director of Orange County Emergency services may temporarily suspend the services under this Agreement in the event of a disaster within the County requiring substantially all of the medical transportation resources available to orange County. 3 ENTIRE AGREEMENT In compliance with 42 U.S.C. 1395x(v)(1)(I) and implementing regulations, THE COUNTY agrees, until the expiration of four years after the services are furnished under this contract, to allow the Secretary of the Department of Health and Human Services and the Comptroller General access to this contract and to the books, documents and records of THE COUNTY necessary to verify the nature and extent of the costs of this contract. THE COUNTY further agrees that if any of the duties of this contract are carried out by a subcontractor of THE COUNTY such subcontract shall contain a clause to the effect that, until the expiration of four years after the services are furnished under such subcontract, the Secretary of the Department of Health and Human Services and the Comptroller General shall have access to such subcontract and to the books, documents and records of the subcontractor necessary to verify the nature and extent of the costs of such subcontract. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this Agreement. 4 10 E IN TESTIMONY WHEREOF, THE HOSPITAL has caused this instrument to be signed in its name by its duly authorized officer and THE COUNTY has caused this instrument to be signed in its name by its duly authorized officers and its seal to be affixed by authority of its Board of CommissI ers the day and year recited above. FOR AND O BE THE UNIV IT NORT By: Eric B. Munson Executive Director FOR AND ON BEHALF OF: ORANGE COUNTY, NORTH C BY: — Moses Carey, Jr. Chairman, Orange County �Id of Commissioners ATTEST: By: [SEAL] Beverly ythe Clerk, Orange County Board of Commissioners �i 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No -V-A Meeting Date: December 17, 1991 SUBJECT: 1991 NACo Awards ------------------------------ DEPARTMENT County 'Manager PUBLIC HEARING YES NO' ---------------------------- ATTACHMENT(S) INFORMATION CONTACT County Manager, ext ?-300 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: recognize County departments that have earned National Association of Counties 1991 Achievemnt Awards. BACKGROUND: Three Orange County departments have been cited by NAc,:_ as recipients of 1991 Achievement Awards. The Planning Department has been recognized, f;. -)r three initiatives - the Rural House Numbering Pr)gram, the Orange County Land Use Plan, and the Environmental impact_ O c3ir,.3.nc(a. Emergency Management has been recognized for its Comprehensive Training Program for emergency communications personnel. Vn,me Child Supper. Enforcement staff were cited for Project E�'i D5 ( N-Lds Deserve Support). Staff from each department will be present to z' ite L)la.ques citing the achievements. RECOMMENDATION(S): The Manager recommends that the Board present t1he awards and recognize departmental staffs for their efforts. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda �A Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: December 17, 1991 SUBJECT: GOVERNMENT SERVICES BUILDING; OFFICIAL NAME DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 2650 Building Naming Policy Sketch of area letters will be installed. Telephone Number - Hillsborough - 732 -8181 Chapel Hill --967 -9251 Mebane -227 -2031 Durham -688 -7331 PURPOSE: To consider names for the new government services building currently under construction in Hillsborough. BACKGROUND: The recent good weather has allowed the contractors to make some excellent progress on the new government services building. Although completion is a few months hence, it is important to select a name for the building to facilitate ordering letters for the building by the end of January, 1992. The letters will be anchored to the precast concrete across the front of the building (see attached sketch). In order to minimize the possibility of the precast cracking when the letters are installed, anchor bolt holes to coincide with the intended placement of the letters are actually cast into the material when it is poured. The precast material will be constructed soon after January 31. Representatives from Hakan /Corley will be present to answer any questions you may have regarding the process. Attached is the Board's policy governing the naming of County buildings. The Staff stands prepared to provide whatever assistance is needed by the Board regarding this issue. RECOMMENDATION: The Manager recommends that the Board discuss possible names for the building and prepare to make a decision on naming the building no later than the January 21, 1992 Commissioners meeting. 2 ORANGE COUNTY POLICY AND PROCEDURE CONCERNING THE NAMING OF COUNTY OWNED BUILDINGS AND FACILITIES The following policy -and procedure shall apply to the naming or renaming of buildings and facilities owned by Orange County. I. County owned buildings and facilities shall bear such names as the Orange County Board of Commissioners shall approve pursuant to this policy. 2. Any person, firm or association may propose a name for a County owned building or facility. Such proposal shall be made in writing and filed with the County Manager. 3. The County Manager shall prepare a report concerning the proposed naming. The report shall contain such information as the County Manager deems appropriate but should, in most instances, contain the following information: a. The proposed name of the facility; b. The existing name of the facility, if applicable; c.• Whether other County buildings or facilities bear the proposed name; d. whether the same name is proposed and currently pending for some other publicly owned building or facility within Orange County. e. If the building or facility is frequented by the public for a number and variety of uses, whether the proposed name would be confusing because of other public or private facilities or structures bearing the same or similar names; f. A brief description of the building or facility for which the name is proposed; g. If the proposed name is that of an individual, an inclusive description of the individual's contribution to the community should be included. 4.' The report and the Administration's recommendation shall be made to the Orange County Board of Commissioners by the County Manager. 5. Upon receipt of the report and the recommendation, the Board of Commissioners will consider the adoption of a resolution stating its intent to consider the naming or renaming of the building or facility at the next or some subsequent meeting determined by the Board of Commissioners. If the building or facility is a significant public structure, the Board may, at its option, direct that a notice be published informing the public of the Boards intent to consider the naming or renaming of the proposed building or facility and the fixing of a time and place for a public hearing on the question. 6. The building or other facility shall bear the name assigned to it by the Board from and after the date of the Board's approv4n7 action or such subsequent date as the Board of Commissioners rma prescribe. 7. This policy and procedure does not apply to the naming of pul^1ic: streets, roads, alleys, and other similar thoroughfares. S. Under unusual circumstances and for reasons satisfactory to the Board of Commissioners, the Board may name a County owned building or facility without following the procedures set forth herein. 2 Al tir 1 _ PREr r'�TL. �y raN �rcJ.� 1ON ORANGE COUNTY BOARD OF COMMISSIONERS - ACTION AGENDA ITEM ABSTRACT Meeting Date: December 17, 1991 SUBJECT: Bond Referendum Survey DEPARTMENT County Manager ATTACHMENT(S) 1 Action Agenda Item No PUBLIC HEARING YES NO X INFORMATION CONTACT County Manager, ext 2300 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE; To receive a report concerning prospects for a random telephone survey of Orange County voters in January 1992 that would assist the Board in making decisions about the timing, size, and elements of a possible school bond referendum. BACKGROUND: The Board of Commissioners has discussed the possibility of securing the services of a consultant to conduct a survey of voter attitudes about a potential school bond referendum. If such a referendum were to be held in conjunction with the May 5, 1992 primary elections, the survey would have to be completed in mid - January 1992. The Board of Commissioners must indicate by its first February meeting its intent to file a bond order with the Local Government Commission. Johnston, Zabor, and Associates is an RTP firm that has conducted a number of surveys for the Chapel Hill- Carrboro City Schools and for Durham County. They recommended to the Durham County Commissioners a 1990 bond order of $125 -$135 million. The Durham Board decided on a school bond referendum of $131 million. In March 1991, Durham voters approved that bond level at 67%, against the firm's prediction of 680 approval. Johnston, Zabor has indicated that it could conduct a survey and prepare an analysis of the results with a turnaround time of about three weeks. The outcome of this survey would be a report to the Board that "on this date you could pass a school bond referendum for $x million ". There are a number of factors that would influence the cost of such a survey. Among others, these include: sample size; number, detail, and nature (open ended vs. close ended) of questions; degree of crosstabulation desired (breakdown of poll results by race, income level, sex, school district, etc); and whether voter lists can be provided. A survey would likely run between $5,000- $10,000, depending on Orange County's needs for these types of information. Durham County used a sample size of 400 voters, which would provide for a 4.9% margin of error. The more expensive option of 800 voters would provide information with a 2.8% margin of error. z RECOMMENDATION(S): The Manager recommends that the Board receive the report as information and prepare to decide at the January 6 meeting whether to retain a consultant to conduct a voter survey. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No, _V Ed A Meeting Date: December 17, 1991 SUBJECT: Child Protective Services Staff DEPARTMENT: Social Services PUBLIC HEARING - -YES: - -NO: X -- ------------------------------------ ATTACHMENT(S): Guidelines for INFORMATION CONTACT: Child Protective Services Funds Martha Pryor -Cook, ext. 2802 (N.C. Division of Social Services) TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham. - 688 -7331 --------------- - - - -- PURPOSE: To request acceptance of new state funds for Child Protective Services staff, effective January 1992. BACKGROUND: The 1991 session of the N.C. General Assembly appropriated $3.25 million for FY 1991 -92 and $7 million for Fy 1992 -93 (HB 83) to county departments of social services, beginning January 1, 1992. The funds are specifically designated for additional staff to assist counties to provide protective or preventive services when child abuse, neglect, or dependency has been confirmed, and may not be used to supplant other funding budgeted for protective services. Orange County's share of the FY 1991 -92 allocation is $32,000 (6 months) and staff projects the FY 1992 -93 allocation will be approximately $64,000 (12 months). Each county's allocation is based on the percentage of child abuse and neglect referrals in the statewide total of referrals plus a base allocation of $10,000 in each fiscal year. These additional funds will enable the Department to employ one Child Protective Services Supervisor, and one Social Work In -Home Assistant at a cost of approximately $28,000 for FY 1991 -92 and $56,000 for FY 1992 -93. County match funds are not required. The positions will make it possible for the agency to provide intensive home based services which include in -home counseling, case management, and development of parenting skills. The primary purpose of these specialized services is to keep families intact, when that is feasible and in the best interest of children, and to reduce the risk of harm to children. Families who require these services are those with children under age 18 who are at imminent risk of out -of- home placement due to neglect and /or abuse. RECOMMENDATION(S): The Manager recommends the acceptance of the state funds for Child Protective Services staff and that continuation of the positions be based on continued state funds. North Carolina Division of Social Services 1L. i 2 Family Services Manual Volume I: Children's Services Chapter II - Child Welfare Services Funding Strategies Child Protective Services Allocation 10 -16 -91 VIII. Funds Allocated for Child Protective Services Since 1985 the Division has allocated State funds to county departments of social services for child protective services. Special provisions set forth by the General Assembly require that these funds be used for direct service staff carrying out child protective services screening, investigations and on -going protective services including services to prevent repeated maltreatment and family disruption in cases where the department confirms abuse, neglect or dependency. All expenditures shall be directly in support of the department's program of protective services for children.' The ,funds shall not be used to supplant any Social Services Block Grant funds or county appropriations previously budgeted for protective services for children. The allocation formula is as follows: The 85 county departments receiving an allocation from state funds first appropriated in 1985 for CPS will continue to receive that allocation. - Beginning in 1989, $10,000 shall be allocated to each of the 15 counties that did not receive an allocation based on the 1985 appropriation; and, an additional allocation of $10,000 shall be made available to each of the 100 county departments. - Beginning in January, 1992, an additional allocation of $10,000 shall be made available to each of the 100 county departments. - The balance of 1989 and 1991 appropriated funds shall be allocated to each county department based upon the percentage that the total number of abuse and neglect reports within that county represents to the statewide total number of abuse and neglect reports. In accordance with the provisions in the appropriation, a county average number of reports for two years will be computed from the Central Registry of Abuse and, Neglect reports. The 1991/92 allocation will be based on a two year average from 1989/90 and 1990/91. County allocations for 1992/93 will be based on an average of reports from 199D/91 and 1991 /9rlorxto will the beginning to re- calculate each county's allocation p At year end, each fiscal year because this factor will vary available funds will be allocated using the percentages referenced above. A. Requirements for Reimbursement of Child Protective Services Funds 1. Target Population - Reimbursement is allowable for services to the populations described above. 2. Local Match Required - None. Counties ovi ions hen etfunds as match for SSBG or local funds. The p 1989, and 1991 appropriations require maintenance of effort. North Carolina Division of Social Services Family Services Manual 3 Volume I: Children's Services Chapter II - Child Welfare Services Funding Strategies Child Protective Services Allocation 10 -16 -91 This means that funds appropriated /allocated by these Sessions of the General Assembly cannot be used to supplant any SSBG funds or county appropriations budgeted for child protective services prior to July Y -, 1991. Any CPS position established on or after July 1, 1991 can be funded in whole or in part with this new money. 3. Allowable Costs: Direct services staff carrying out CPS investigations or direct services staff carrying out protective or preventive services to confirmed cases of abuse, neglect or dependency. If a county department has adequate child protective services staff, funds can be used to purchase or provide treatment and supportive services to children and their families in confirmed cases of abuse, neglect or dependency. If a county department does not have adequate child protective services staff and the appropriated funding is not sufficient to add direct services staff, funds can be used toward plans approved by the State Division of Social Services. Indirect costs are allowable. In order to demonstrate that a county department has adequate protective services staff, the county director of social services must submit as documentation to the Division's Chief of Family Services one of the following: a relevant staffing study recently carried out by regional office personnel, a recent resource management study carried out by a public or private agency /corporation, or documentation that the county is staffed in CPS at the level recommended for the use of this allocation. Additionally, the information submitted must include a sign -off by the Children's Programs Representative to the effect that there is child protective services staff at the recommended level to carry out investigations and to provide protective or preventive.services in confirmed cases. If a county department of social services: a) is unable to demonstrate that it has adequate staff and the appropriated funding is insufficient to add a staff position; or, b) is able to add a staff position(s), but not to the level of documented need and a portion of the appropriated funds remain unobligated, the director of social services may submit a plan to the State Division of Social Services Chief of Family Services for approval to use these funds for other child protective services staff - related costs. In other words, the county department cannot use any portion of its allocation to purchase or provide treatment and other support services to children and their families in confirmed cases if child protective services staffing remains inadequate. Proposed plans submitted for Division approval must include a sign -off by the Children's Programs Representative. NvrLh l.arollna Division Of,Soc:ial Services Family Services Manual 4 Volume I: Children's Services Chapter II - Child Welfare Services Funding Strategies Child Protective Services Allocation 10 -16 -91 4. Unallowable Costs: Any costs other than those cited above. B. Criteria for Use of Allocation h I. Required Criteria a. Each CPS worker funded by these special funds must receive at least one hour of supervision in each week. b. The county will institute procedures to ensure that no one person is solely responsible for deciding whether a child is abused, neglected or dependent (i.e., a team approach to decision - making will be used, the team to consist at least of the worker and a supervisor). C. The county will assure that all staff funded with this allocation participate in .training and staff development provided directly or arranged by the State Division of Social Services. 2. Recommended Criteria a. When reimbursement is claimed from this source for social worker time, the worker should have a limited caseload. A full -time worker doing investigations, only, should carry no more than 18 CPS reports under investigation at any given time. A full -time worker providing protective and preventive services, only, should carry no more than twenty families at any one time. If a full -time worker carries investigations as well as protective or preventive services in confirmed cases of abuse, neglect or dependency, that worker should carry no more than 16 cases at any given time. If reimbursement is claimed from this source for less than 100% of a social worker's time, that worker should carry no more than 16 cases of all types -- TOTAL. This means the protective services caseload plus whatever other cases the worker is assigned should not exceed 16. b. All social worker staff funded should meet education and experience requirements for Social Worker III classification. C. When reimbursement is claimed from this source for supervisory support, a supervisory standard of 1 supervisor for 5 staff is recommended. C. Reimbursable Activity /Allowable Costs I. Reimbursement for'Worker Time, Travel and Training. Y I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. _yam=$ ACTION AGENDA ITEM ABSTRACT Meeting Date: December 17, 1991 SUBJECT: PROPOSED USE OF ADDITIONAL STATE FUNDING IN FAMILY PLANNING AND CHILD SERVICE COORDINATION PROGRAMS DEPARTMENT: Health PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2411 1) Memo from the State Dated 9/23/91, Increase in Allocations for Child Service Coordination 2) Memo from the State Dated 9/30/91, Distribution of Family Planning Funds 3) New Position Request Form TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To accept the additional State funding for Child Service Coordination and Family Planning, add the State funds plus associated Medicaid reimbursement to the Health Department budget, and authorize the establishment of one full -time Public Health Nurse I position. BACKGROUND: The high number of unwanted or unplanned pregnancies was the highest priority identified in the Health Department's Community Diagnosis in February of 1990. The second highest priority was inadequate pre -natal care among non -white women. Both of these needs contribute to an infant mortality rate in Orange County that is higher than the National figure. High infant mortality rates also result from the lack of adequate coordination of care for Child Health patients in the first year of life. These problems which have been identified locally are also State -wide problems. The General Assembly has allocated funds to reduce infant mortality rates for several years and increased aid -to- counties support to improve Child Service Coordination and Family Planning Services in the last session. These funds are now being distributed to county health departments as outlined in the attached memoranda, which indicate that the expansion funds will be permanent additions to our consolidated contract. The funding available is as follows: SOURCE AmnTTNT Child Service Coordination $15,466 Family Planning 161263 Total State Funding Available $31,729 Projected Medicaid Reimbursement (13 cases x $60 per month x 12 months) $ 9,360 Total Funding $41,089 2 To demonstrate the continuity of this request with formerly identified needs, it r is important to review the position requests for fiscal year 90 -91 which included a Public Health Nurse I for the Child Health Program to improve our declining rates of home visits. This position was not approved. However, mid -year State funds became available in Child Service Coordination. Staff assessment at that time was that the most critical need was for a Social Worker and a Clerical Supervisor to handle case coordination and the associated paper work. In 91 -92 budget, only a Community Health Assistant position was funded to handle the load in the clinic dealing with sexually transmitted diseases. The need for additional nursing manpower is resurfacing as the demand in the Child Health Clinic has grown. From 1383 visits per year in 1989 to 2121 visits per year in fiscal year 1991. Therefore, the staff has proposed and the Board of Health approved the establishment of one full -time Public Health Nurse I position which will be allocated 50% to the Family Planning Clinic and 50% to the Child Service Coordination program. Please 'see the attached New Position Request Form for more detailed information.. The expenses associated.with the new PHN I position include: DESCRIPTION STEP lA STEP 5D Salary, Hiring Range (Gr69, S1 --5D) $26,879 $32,672 Fringe Benefits 6,471 7,224 Travel and Training 150 150 Mileage 70 70 Equipment 1,050 1,050 Total $34,620 $41,166 The new position description form has been reviewed by Personnel and classified as a PHN I position. The budget figures have been reviewed by the Budget Department and found acceptable. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners approve acceptance of both the State funds and the Medicaid projections, authorize the Chair to sign the Consolidated Contract Budget Amendments, and establish the new Public Health Nurse I position, contingent upon an annual review of continued State funding and Medicaid revenue sufficient to fund the position. ATTACHMENT 1 O 1 iwj v r 'north Carolina Department of Environment, Health, and Natural Resources Division of Ivtaternal and Child Health P.O. Box 27687 • Raleigh, North Carolina 27611 -7687 F. lames G. Martin, Governor September 23, 1991 D,reca r William w. G�br lr.. 5ecretan' MEMORANDUM TO: Local Health Directors FROM: Tom vitaglione, Chief v v. Children and Youth Section SUBJECT: Increase in Allocations for Child Service, Coordination Attached are the FY 91 -92 increases in county allocations for the $1.3 million in new funds available for Child Service Coordination. These'should be considered permanent additions to your current funds for CSC. The $1.3 million is composed of $500,000 in state funds for the reduction c` infant mortality, $500,000 in state funds for the implementation of PL 99- 457, and $300,000 in MCH Block Grant Funds. Individual county allocations were determined by a formula approved by the Association of Local Health Directors. Under this formula, 25% ($325,000) was allocated evenly; 25% was allocated based on your county's percentage cf 1990 live- births; 25% was allocated based on your county's percentage of infants identified in ae High Priority Infant Program in 1989; 25% was based on your county's percentage of the statewide active CSC caseload _n the period January -June 1991. The performance indicators were specia'_ recommendations from the MCH Lia;sc7 Committee. The 1989 figure represents the last period before the influx c. expansion funds last year, and also represents our last accurate HSIS da_a. The 1991 figure represen -ts your latest efforts in CSC. Because there are still inac�iracies in H5IS data resulting in cdnversion from the Priority Infant Program, your performance figure is the one you re?crtcd (either verbally or in writing) to your regional MCH nursing consultant. Please note that an additional 57JD,o n in expansion funds will be avail= -'- in °Y 92 -93. we hope that you will use vaur expansion f-unds (piss Med,ca'c receipts) to em_clov additional child service coordinators. Case�eacs ar= Crowing and many coordinators are reporting individual caseloads in excess of 100 farulies. Please recall ..hat the optil= coordinator /family ratic 1s approximately 1:50, and this ratio is the basis of our negotiated Med .ic_ =id rate. 3 f►. Please submit a revision to your Child Health Budget to budget your allocation for Child Service Coordination. In addition, please complete the attached Contract Addendum,, which will replace the addendum you submitted earlier for CSC. Both your budget page and the new addendum should he forwarded to your regional office at your earliest convenience. Thank you for your continued participation in Child Service Coordination, which has become an essential component of the continuum of services for children and families with special needs. If you should have any questions regarding allocations, please feel free to contact your regional office. TJV /jdh Enclosure cc: Dr. Ronald Levine Dr. Thad Wester Dr. Ann Wolfe MCH Regional Supervisors 4 Children and Youth Ornce. Seczion, or Branch Conrractor S N.C. Department of Environment. Health, and Natural Resources Page of Division of General Semces FY CONTRACT ADDENDUM Conrract Dumber Child z:ea'_:h Acnviry Child Service Coordination 1. An estimated of eligible children birth through age 5 will receive child service coordination through _he local health department. 2. An estimated % of enrolled children receiving child service coordination from the health department will have assured parental involvement through signed parent agreements, release of information forms, and signed child service coordination plans in the child's record. 3. An estimated % of enrolled children receiving child service coordination from the health department will have a child service coordination plan based on family needs assessment, child needs assessment and assessment of parent -child interaction. 4. An estimated % of enrolled children receiving child service coordination from the health department will have documentation of communications to and -from referral sources and other providers. 5. An estimated % of enrolled children receiving child service coordination from the health department will receive follow up, which includes follow up of missed appointments, summary information sent to relevant persons, and monitoring of treatment and referral recommendations. 6. An estimated of children receiving child service coordination `__... the health department will have program identification and status report ;o =s conmleted and suamitted at appropriate times. 7. An estimated of enrolled children receiving child service coordination From the health department will receive intermediate assessme °_= at appropriate times. B. The health depa= t-went will maintain agreements with _ aaencies enroi_er as child service coordination providers for - children in the county. 9. The health deaar =Te ^.t will enter data from other agencies•that provide service coordina_ion _o children wit: in t_he _.,_..ty. Lis': Ch-J I:2 Service ...,.._ac_ person: Name Phone Reviewed by D£HNR 3300 (Revised 2/90) -- - C_4 _ rp_..._,,. i io;� initials Dale A $1.300,000 INCREASE IN INCREASE IN CSC CSC ALLOCATION ALLOCATION FOR FOR COUNTY 1991 -1992 COUNTY 1991 -1992 Alamance $17,665 Johnston 517.08 Alexander $6,814 .tones 54,101 Alleghanv 53:885 Lee S9,u5 = Anson $6,482 Lenoir $13,700 Ashe sy,822 Lincoln S9,161 Avery 54.353 McDowell S6,781 Beaufort $8,710 Macon 55,849 Bertie $5,775 Madison 56,123 Bladen 57,340 Martin $7,208 Brunswick $9,481 Mecklenburg 592,958 Buncombe 533,533 Mitchell $4,909 Burke $131524 Montgomery $8,492 Cabarrus $14,119 Moore $11,027 Caldwell $17,136 Nash 515,907 Camden $3,742 New Hanover $19,323 Carteret $11,017 Northampton $9,754 Caswell $5,487 Onslow $26,749 Catawba $17,741 Orange $15,466 Chatham $9,,171 Pamlico $3,921 Cherokee $5,552;. Pasquotank $7,170 Chowan $4,804 Pender $6,968 Clav $3,957 Perquimans $4,899 Cleveland $20,748 Person $8,843 Columbus $15,067 Pitt $19,491 Craven $13,842 Polk 53,948 Cumberland $44,495 Randolph $18,231 Currituck $5,158 Richmond $12,938 Dare S4,639 Robeson 523,993 Davidson 518,859 Rockingham 522,773 Davie $5,957 Rowan $12,721 Dunlin $9,968 Rutherford 56,972 Durham 534,839 Sampson S8,560 Edgecombe 314,955 Scotland 513,295 Forsvth 540,202 Stanly 59,557 Franklin 58,105 Stokes 57,602 Gaston 528,686 Sur-..V 57,339 Gates $4,537 Swain S5,750 Graham 54,230 Transvlvania _ 56,543 Granville S8.791 Tyrrell $3,904 Greene S4,283 Union 511,948 Guilford S59,135 Vance 59,722 Halifax 512,047 Wake $60,629 Harnett 512.002 N'ar_er. 57.895 3avwood 53.359 washir:gto:: S6.529 Hende rson 513.083 Wazauga 56.858 'Her z =ora -5,741 atine S19.667 Hoke 57 �5- t;41kes 59,762 Hyde 53,7$3 Wilson 510,128 Iredell Si4.'94 Yadkin 55,$83 Jackson S,6,154 Yancey 56,820 $1.300,000 a� C �pp �r ATMOM 2 North Carolina Department of Environment, Health. and Natural Resources Division of Maternal and Child Health P.Q. Box 27687 • Raleigh, North Carolina 27611-7687 lames G. k4arrin, Gmemor Member 30, 1991 Ann F. \Golfe. M1 D.. N1,r..H. William W, .obey, Jr.. Secreran i_)irrct"r U/1.ec V0 e TO: Local Health Directors Agency FRIX: Kevin Ryan, M.D. , M.P.H. , Chief Wcuen's Health section William Brown, Assistant Head Women's Preventive Health Branch S[]STECI': Distribution of Family Pla=dng Funds The attached table shows the amrsunt of FY92 Family Planning Eq=nsim ftmd'M for your agency, alwq With Jordan -Ad=s increases not u=ltxled in last spring's FY92 budgetary guidance. Please initiate a Family Plannir q budget revision for a (n) $ ! G 2- 6 3 increase in EMM f and ing' as shown above' after you receive detailed guidance from the Division of General Services. Blank budget farms will be included in that ' -ch-l1 exiaansion tMds were Part of the The FY92 Family Planning We feel it is.very �; r�r,'RZgSE a coated by the 1991 General As��ly. sicg if � t that the legislature has reaogniz«i in this way ti�e� t family plarnirg services make to infarct mortality The funds have b —*t using the "eaui ty+' proaeas with u=jvmmt of the incal Health Directors" Associatian and Division of Maternal and U i ld Healt -h Staff . We recognize that the daands on local. health deparbDmts for family planning t Most of you could spend many '4i aps the amount awarded here services are grey t, M. In allocating these and still .not fully �t the rids of ycxs a I f� .ire is a funds, we ask you to consider two factors. ion of family legislative mandate to use these funds rto ate the To do so zLmm xg services to those at him risk for poor would be to -=Y;m; ze the 1=m=- Qf these ra..scuress on infant morbidity and mr.zlity. irterventis of L his sow t. wuld irxlme more aggressive o=r--Y =`1 m �nr a• -rr; or�a1.� :�. to w=z at hirhQst risk fo poor hi_r-,h =M=E3 ., W9WI ed - ` _ ` Assessment and rased ' _ aonal c='za -n3- Ste► a locatior, c- Title X dollars :s based in large pa~ ` on Pe�-fo In order ro atian ° more Title X do?a.�*•s, we must serve a higner PeT�c. .age of the po?ula +a.on i� need of family Planning services - Effer-i ve use of these funds to irjCrease, 4'1e rnmtber of patienrs se —rued will allow us m pull down more Title X dollars and reverse the tra xi of recent Yeas— M. There are many ways to bring about this expansion. Some local agencies may be able to add whole or fractional positions, to begin or extern convenience -haur clinics, or to sort additional contract physician hours or aitreach efforts. Programs seeking resources to begin Norplant services may consider using expansion funds for that purpose. The funds may also be used to support sterilizations for females or males. Division of MCH Regional Office staff are available to assist you and should be contacted if FY92 Contract Addendum item are affected. These expansion funds may not be used to replace other types of funds. As local, state and federal governments struggle to meet demands for services with reduced budgets, our pr=j + has absorbed FY92 reductions in Title X and has identified resaaxces that can be used to offset other possible FY92 budget cuts that might jeoparcLIze expansion. For these reasors, t`�.a present funds truly represent new monies rather than replacements for dollars cut elsewhere. We are pleased you have the opportunity to use these furls to expand services and better meet the needs of your patient population. Please contact IIii staff in the appropriate Regional Office, or one of us, with any questions. Arm F. Wolfe, M.D. Margie Rose, M.P.H. EMM Staff Administrative Ccnsvltants _ i 191 7- z rr rJ EbA er 44. Eon EF 4.4 1 tz t6.j ti r.; r r P� ry fv t. N N N N ) > c I Lo tn —3 Li 1-4 6a Ln vn bq 4A iA -b- > 0 C- � 7% -1 N r lA W t- > w -4 ,.z 0 -j W" I. I-D -L- w rw i r- cr C, Cp V, 0 = 'A (-n I Cr 4A --j .64 il4 46R f-n j- io-r :p 4ft A01 4,% � W v is W Vr 1-1 m CFN %.J f-A O tn 2: f. 4fl EO- LA -W- G -E.- 6A, if. 4^ OIY 4bm 4A -GR -n 1-i V�l U 77 77� CZ : - -n W = 1 NEW POSITION REQUEST FORM Department: Health Proposed classification Title: Public Health Nurse I Number of Positions Requested: 1 Permanent: Departmental Priority Ranking: 1. PRIMARY PURPOSE: ATTACHMENT 3 Division: Personal Health Proposed Grade /Step: 69 /Step hiring range Proposed Hiring Date: Number of Hours Per Week: 40 Temporary: 10 This position is requested to utilize permanent additions of funds to the state Consolidated Contract in the Family Planning and child Service coordination programs. The primary purpose of this position is twofold: 1) to provide clinical nursing services in the new STD clinics in order to add family planning clients thus expanding our capability to see family planning clients; and 2) to provide professional nursing services to a caseload of approximately 25 children and infants enrolled in the Child service Coordination program. PRIMARY DUTIES AND MINIMUM - EDUCATION AND EXPERIENCE: 2. DUTIES: This position will be .responsible for providing professional nursing services in family planning and child service coordination in both home and clinic settings to include: - Developing nursing care plans which include assessment, planning, implementation and evaluation. - Performing client interviews, vital signs, developmental tests, screening and lab tests. - Administering medications and immunizations, dispensing medications as specified by pharmacy laws, obtaining informed consents and providing counseling about medications and immunizations. - Providing teaching and counseling on a variety of topics in family planning, STD, child development, childhood diseases and conditions, parenting, health maintenance and other women /children's issues. - Providing referral and follow -up based upon client needs. - Providing case management to coordinate all needed services from a variety of providers for a caseload of infants identified through child Service coordination - Maintaining client records and reports according to program requirements 3. SUPERVISORY DUTIES: NONE 11 4. PUBLIC CONTACT DUTIES: This position will require daily contact with health department clients and their families and with other health department staff. Frequent and regular contact will occur with other health and human service providers both private and public in orange County and surrounding counties. Contact with the general public could occur at any time during the performance of this persons•s duties. 5. MACHINES AND EQUIPMENT: BP cuff, stethoscope, lab instruments, syringes and blood collection equipment, scales, vision and hearing testing equipment, automobile, computer infrequently. 6. MINIMUM EDUCATION AND EXPERIENCE: Graduation from an accredited college or university with a B.S. Degree in Nursing including a public health nurse rotation or graduation from an accredited school of professional nursing and at least 1 year of nursing experience. 7. LICENSE OR CERTIFICATE: Possession of a current license as a Registered Nurse issued by the North Carolina Board of Nursing. Possession of a drivers license valid in the state of North Carolina. JUSTIFICATION: See attached EXPENSES: See attached REVENUES: see attached FOR PERSONNEL DEPARTMENT USE ONLY Recommended classification and salary Grade: PERSONNEL DIRECTOR 12 JUSTIFICATION PUBLIC HEALTH NURSE I Child service coordination (CSC), a state mandated service, has continued to see growth in the number of infants with serious physical problems or harmful psycho - social environments which must be followed. Current staffing is unable to con- tinue to meet the growing need. Family planning services at OCHD have noted a leveling of persons which can be served suggesting that our current clinics and staffing have reached their full capacity for providing services. The family planning program is the most cost effective mechanism for helping reduce infant mortality and morbidity by assist- ing women to maintain or improve their health status and space pregnancies so that they are less likely to have a poor pregnancy outcome. The addition of a half -time nurse would allow the FP program to expand -and provide FP services to more women during clinical time which is currently providing only STD services. An additional 12 service encounters per week could be provided for family planning plus provide additional nursing hours for follow -up of clients with positive or abnormal findings. ACTUAL ACTUAL ACTUAL ACTUAL PROJECTED FY'89-'90 FY'88 -'89 FY'89 -'90 FY190 -191 FY'91 -192 # child Service coor- 54 112 131 156 dination Infants encounters tracked # Home visits in 286 381 556 656 child Health program Family planning services at OCHD have noted a leveling of persons which can be served suggesting that our current clinics and staffing have reached their full capacity for providing services. The family planning program is the most cost effective mechanism for helping reduce infant mortality and morbidity by assist- ing women to maintain or improve their health status and space pregnancies so that they are less likely to have a poor pregnancy outcome. The addition of a half -time nurse would allow the FP program to expand -and provide FP services to more women during clinical time which is currently providing only STD services. An additional 12 service encounters per week could be provided for family planning plus provide additional nursing hours for follow -up of clients with positive or abnormal findings. ACTUAL ACTUAL ACTUAL PROJECTED FY'88-'89 FY'89-'90 FY'90 -'91 FY191 -192 # of clients served 1211 1246 1248 1325 # of FP service 2384 2117 2100 2676 encounters Failure to obtain this additional nursing position will result in our failure to expand family planning services, failure to meet the growing demand for child service coordination visits, placing of infants in need of services on a waiting list, the necessity of removing staff from other needed programs in order to attempt to meet the demand for CSC visits, and a reduced ability to impact on infant mortality and morbidity in our county. New Position Request Form EXPENSES Personnel salary, hiring range (Grade 69, S1 -5D) Fringes sub -total operatina & Canital Travel & training Mileage Desk Chair Filing cabinet Bookcase Equipment sub -total TOTAL Consolidated contract PHN I $ 26,879 - $ 32,672 6,471 - 7,224 ---- - - - - -- ---- - - - - -- $ 33,350 $ 39,896 S 150 70 370 200 155 175 150 $ 1,270 $ 34,620 Family Planning $ 16,263 Child service Coordination 15,466 sub -total $ 31,729 Projected Medicaid Reimbursement ( 13 CSC cases X $60 /month x 12 months) $ 9,360 TOTAL $ 41,089 $ 150 70 370 200 155 175 150 $ 1,270 $ 41,166 13 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: DECEMBER 17, 1991 SUBJECT: ESTABLISH A SCHOOL BOND PACKAGE COMMITTEE DEPARTMENT: COUNTY COMMISSIONERS ATTACHMENT(S): NO PUBLIC HEARING YES: NO: X INFORMATION CONTACT: DON WILLHOIT TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 -------------------------------....-----......--------------------..--------- PURPOSE: To establish a committee to work toward a community consensus on the school bond package BACKGROUND: Although there appears to be a consensus that additional school facilities are needed, and needed now, the School Capital Advisory Committee failed to reach a consensus about the package that should be put to a vote of the people. To ensure maximum potential for passage, the bond package must address the current and projected needs of both school systems, contain realistic cost estimates, have an acceptable tax rate impact, and be perceived as fair. RECOMMENDATION(S): Establish a committee to work toward a community consensus on the school bond package that is to be put to a vote of the people of Orange County. The committee should be composed of citizens representing diverse viewpoints, including school and tax rate concerns. Staffing for the committee should be provided by the County with support from the school systems. The Orange County Dispute Settlement Center, Public Disputes Program, should serve as facilitator. Issues to be addressed include: (1) Number and type of schools for each school system (2) Cost estimates and rationale, e.g., cost per square foot and inflation escalator (3) Funding mechanism - bond amount, tax rate increase and timing of increase (4) Enrollment projections -- new construction or infill of existing dwellings? (5) Merger threat considerations (6) Location and design impacts, e.g., energy conservation and land use plan considerations (7) Review of projected impacts due to operational costs of new schools, enrollment increases and year -round classes (8) Implications of bond failure - impact on current expense allocations, e.g., the technology plan, due to diversion of operating funds to capital projects 1 ORANGE COUNTY HOARD OF COMMISSIONERS Action Agenda Item No V t�- D ACTION AGENDA ITEM ABSTRACT Meeting Date: December 17, 1991 SUBJECT: Employment Agreement - Orange Community Housing Corporation DEPARTMENT: Housing /Comm. Dev. PUBLIC HEARING YES: NO: xx -. .- ..--------------------- - - - - -- ---------------------------------- ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To approve renewal of an Employment Agreement with the Executive Director of the Orange Community Housing Corporation. BACKGROUND: The Orange Community Housing Corporation (OCHC) is a housing development non - profit corporation created upon the recommendation of the county's low and moderate income housing task force. This Corporation was formed in 1989 and an Executive Director of OCHC was selected in 1990. To assist this new corporation in the hiring of its initial Executive Director, on January 7, 1991, the BOCC authorized an Employment Agreement with the new Director for a period of one year which expires January 7, 1992. This Agreement enables the Director to be a contract employee of the County and thereby, be eligible to participate in the County benefit plan. The purpose of this arrangement was to give OCHC time to investigate other methods of providing benefit coverage for its employee. The Board Chairman of OCHC has asked the County to renew this agreement due the Board's inability to arrange a cost - efficient alternative prior to January 7, 1992. Renewal of this agreement will provide for continuous coverage until a permanent arrangement is established. There is no direct cost to the County with this arrangement since OCHC finances all salary and benefits related to this position. RECOMMENDATION(S): The Manager recommends renewal of an Employment Agreement with the Executive Director of the Orange Community Housing Corporation for a period ending June 30, 1992 and recommends execution of the Agreement after review and approval by the County Attorney. 9 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. _YZ_ F- E ACTION AGENDA ITEM ABSTRACT Meeting Date: DECEMBER 17, 1991 SUBJECT: NORTHSIDE PROPERTY EASEMENT REQUEST FROM CHAPEL HILL -------------------------------------•------ DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX -------------------------------------------- ATTACHMENT(S): INFORMATION CONTACT: PAM JONES Letter of Request Telephone Number - EXT 2650 Map of proposed trail site Hillsborough - 732 -8181 Chapel Hill -967 -9251 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To consider granting an easement to the Town of Chapel Hill in order that they can relocate sections of an existing pedestrian trail. BACKGROUND: The Town of Chapel Hill is requesting that the County grant an easement of 1.78 acres on the Northside Multi- Purpose Center site. The existing Tanyard Branch Trail, which provides pedestrian access from Caldwell Street Extension in the Northside neighborhood to Umstead Park is in need of work. If the easement is granted, sections of this trail will be relocated to provide better access, particularly for handicapped and elderly individuals since the existing stairs will be abandoned and a reasonable grade established. County staff have visited the site and agree that the proposed relocation of the trail would be advantageous to the public. Future expansion on the site by the County or OPC Mental Health would likely be toward the east, thereby not conflicting with the proposed new trail. If the Commissioners choose to grant the easement, it is suggested that conditions be attached to make the Town responsible for all maintenance, security, and.liability of the trail. In addition, it should be noted that easements are generally made for an indefinite 2 period of time. If the Board desires that the easement expire after a specific period of time, that time must be stated as a condition of the easement. RECOMMENDATION: The Manager recommends that the Board authorize the easement with the conditions as stated above; and direct the County Attorney to generate the appropriate documents for recording the easement. TOWN OF CHAPEL HILL 3 PARKS & RECREATION DEPARTMENT 200 PLANT ROAD CHAPEL HILL, NORTH CAROLINA 27514 (919) 968 -2784 October 31, 1991 Pam Jones, Director Orange County Purchasing and Central Services Department PO Box 8181 Hillsborough, NC 27278 Dear Ms. Jones: We spoke on Monday, October 28, 1991 regarding a request by the Town of Chapel Hill for a pedestrian and non - motorized vehicle easement on land owned by Orange County. This letter is in response to your request for additional information. The Tanyard Branch Trail currently provides pedestrian access from Caldwell Street Extension in the Northside neighborhood to Umstead Park on Umstead Drive. The trail was built and dedicated in 1986. However, the trail is need of work and ideally should be relocated in several areas. We propose to expand and relocate that portion of the trail which lies on the Multi- Purpose Center property. The land in question is a 1.78 -acre portion of the 8.69 -acre Orange County Multi- Purpose Center property identified as Chapel Hill Tax Map 84.J.3. The land is located just west of the fence which separates the developed portion of the Multi- Purpose Center property from the wooded area along Tanyard Branch (Please see map). We think that a Town easement over the 1.78 acres would allow us to improve the current situation and to better serve the public. The proposed easement would allow the Town to extend the current Tanyard Branch Trail from Caldwell Street to McMasters Street. This connection would allow a direct connection between these important Northside residential areas, as well as allow residents of McMasters Street to have direct access to the Tanyard Branch Trail. This connector trail could be built on an abandoned road which is already clear ex0ecrfor very young trees and extensive stands of poison ivy. upi- 4 The relocation of the trail would allow the Town to abandon the existing stairs which provide trail access from Caldwell Street. The stairs are a significant barrier to handicapped and elderly people. Moving the trail location approximately 120 ft. would allow the Town to build a trail without stairs and at a reasonable grade. The Chapel Hill Greenways Commission is exploring the possibility of paving the Tanyard Branch Trail. If paving is to be accomplished, the present location of the trail would be unsuitable due to severe slopes. We would most likely pave the connector between Caldwell and McMasters as well as the main trail to Umstead Park. We think that paving the trail would increase trail use, solve maintenance problems, allow bicycle use, and allow the trail to become wheelchair accessible. Any easement agreement could be written to specify that the Town would be responsible for the maintenance, security, and liability of the trail. We typically take on these responsibilities when negotiating for easements with private landowners. We ask that Orange County consider granting the Town of Chapel Hill a pedestrian and non - motorized vehicle easement over the 1.78 -acre tract indicated on the attached map. If you require any additional information please call me at 968 -2784. Sincerely, Bill Webster, Administrative Officer Chapel Hill Parks & Recreation Department CC: Sonna Loewenthal, Assistant Town Manager Michael Loveman, Director of Parks & Recreation er ' • N 63.45' 10" W � \ N/F EDWARDS 1550 N 11.48' 66" W Pg. \ • O` 33..6 ; 1 c:� 3j • • -rte •+1 I V V /! 4 1.34'03 3 39.01 � A C7 '•� C, z _ v CREEK l ®RAW - 1 \FENCE LINE I � ed a+A TANYARD CREEK GREENWAY PROPERTY OF ORANGE COUNT` TAX MAP 7.84. J.3 SCALE 1 10 ■ !30' LEGEND. • + C.R. (COMPUTED POINT) (9 + E.I.P, ( EXISTING IRON PIPE) A- - .. .__.. -- -- 5 O IV1 ~ MCMASTER.S ST. 30 q'W tip I '9 c�� I 144. • jWF MARKHAM a � D &284 g Pq.470 blg O,b • W TOWN OF CHAPEL �- �'ry HILL+ �� • GREENWAY 00457Pa464 �� C. • a - A f' •\ ' 42.00 • N n ��-• N 70.16'01 °E \ 1 • I& SO 1 • 4 N42. 11'20 "W ' 1 •�• 22.63 • c. • N 17.4•j 11 "W 30.94 i • i TOTAL AREA • [w ( 1 77,498.94 Sq. F[. • (1.78 AC.) • WF • (u EDWARDS ' OB ISB n v 1 � 1 • N N � Pq,136 �; � • r I 1 • o w N/F ORANGE COUNTY 1 : TAX PARCELL 7.84.J.3 N 30.21' 19" alp * i . 38.33 PROPERTY LINE IS ��:� �1 \ �• • Q, OF TANYARC CREEK \`'.•. 1 • • er• b11u \I • % ................ \ {. \ A: RELOCATE ULALl- Tai • �+ \ • .C. • • • • • NEW TRAIL er ' • N 63.45' 10" W � \ N/F EDWARDS 1550 N 11.48' 66" W Pg. \ • O` 33..6 ; 1 c:� 3j • • -rte •+1 I V V /! 4 1.34'03 3 39.01 � A C7 '•� C, z _ v CREEK l ®RAW - 1 \FENCE LINE I � ed a+A TANYARD CREEK GREENWAY PROPERTY OF ORANGE COUNT` TAX MAP 7.84. J.3 SCALE 1 10 ■ !30' LEGEND. • + C.R. (COMPUTED POINT) (9 + E.I.P, ( EXISTING IRON PIPE) A- - .. .__.. -- -- I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. _V�'-� ACTION AGENDA ITEM ABSTRACT Meeting Date: DECEMBER 17, 1991 SUBJECT: ESTABLISH AN ORANGE COUNTY SOLID WASTE COMMITTEE DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: x ATTACHMENT(S): NO INFORMATION CONTACT: DON WILLHOIT TELEPHONE NUMBER - Hillsborougb - 732-8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To establish an Orange County Solid Waste Committee BACKGROUND: The objectives of this Committee will be as follows: (1) to provide a more formal and systematic method for obtaining citizen input into the County's solid waste planning efforts, (2) to assist the Board of Commissioners and staff in reviewing plans for solid waste volume reduction, recycling and collection programs, and (3) to help promote public education and information programs to maximize citizen support and participation RECOMMENDATION(S): (1) Agree in principle to establish an Orange County Solid Waste Committee (OCSWC) (2) Solicit citizen volunteers to serve on the OCSWC (3) Review and adopt committee charge at the January 6, 1992 meeting ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: DECEMBER 17, 1991 Action Agenda. Item # �C SUBJECT: CONFLICT MANAGEMENT WORKSHOP FOR LOCAL ELECTED OFFICIALS DEPARTMENT: COUNTY COMMISSIONERS ATTACHMENT(S): UNDER SEPARATE COVER PUBLIC HEARING: Yes —X —No INFORMATION CONTACT: VERLA INSKO, EXTENSION 2130 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To support a workshop for local elected officials to become more effective in managing conflict in local government. BACKGROUND: During the last several months, Commissioners Insko and Willhoit have met informally with other local government representatives and Andy Sachs of the Orange County Dispute Settlement Center to explore the feasibility of a training project designed to help local elected officials manage conflict more effectively. Commissioner Insko will discuss the outcome of these discussions and present a proposal for the Board to consider. RECOMMENDATION: As the Board decides. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda - ACTION AGENDA ITEM ABSTRACT Item No. zz; Meeting Date: DECEMBER 17, 1991 SUBJECT: MINUTES DEPARTMENT: COUNTY COMMISSIONERS ATTACHMENT(S): UNDER SEPARATE COVER PUBLIC HEARING YES: NO: X INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 - - PURPOSE: To correct and /or approve the minutes as submitted for consideration: December 2, 1991 - 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(8): As the Board decides. bct I DON WILLHOIT How do we establish a plan that will facilitate the passage of a bond ... DW School Capital Advisory Committee did much work but did not reach consensus ... it is critical that we receive a community consensus onthe package before we put it to a vote. He listed issues Be believes are important. JWould like to focus discussion on concept of 6ommunity consensus. This process should include the Dispute Settlement Center to held reach consensus. MC agreed He believes that consensus starts with the Alected officials taking a stand, especially the school boards. That is a first step. It cannot be reached without that. AG suggested that the next 10teps that be taken (hand out) ... is not in favor of another committee ... we need lto get elected officials interacting... we need to do a telephone survey .... B /C Deed to become informed as to the costs ... all of these things need to be done lin January ... we need to move ahead... consensus was reached by the School 19apital Needs Committee ... their sticking point was on the cost ... MC called 18n people who want to speak ... we have already had a public hearing please 16imit. 17 lRinda Haac read a statement from the Ch /cb PTA council. Spoke in support of 1the Bond to build the new schools ... 3 in CH /CB and 1 in orange ... Read a 28tatement ... pledged to work in support of the 66 million dollar bond 21eferendum. We are at a cross road ... we face a crisis. They have come up with 22 fact sheet... 23 21en Touw, spoke in support of the bond referendum... he indicated that the needs 26f both systems need to be met ... demand that the two school boards meet 26ogether to find alternative funding sources. ..businesses need to become 21nvolved ... please do not refer this to another committee... it will delay for 28ne year at least and increase everything. 29 3Aue Outterson a resident of Chapel Hill, asked for the bond to be passed at the 31igher rate. 32 3Hs. Helen Urquhart, is concerned about why we think that they Orange County 34esidents would pay for the Chapel Hill schools. The merger issue is being 3&voided. She questions the pupil increase. 36 31adeline Mitchell, spoke in support of this bond issue. Chapel Hill needs 38hese schools now. It is not fair to make them wait because the Orange County 33chools do not need them. We need these schools now. 40 4Mrainger Barrett indicated that the Commissioners are not taking a stand. We 42eed those schools. We are over capacity. That is a fact. Asked the 4sommissions to give the message. The schools equity issue should not be linked 4ito these capital needs. The $66 million. We need to discuss the issue of 46quity funding. 46 411s. Carolina Karpinos indicated that she also wanted to be sure that we not 48onfuse the issues of equity and capital needs. We need to move ahead and not 48ppoint another committee. 50 52s. Mary Bushnell stated that she was not going to speak about capital needs 5because she was sure that the Commissioners knew how she and other Chapel Hill 6 Citizens felt. She supports this $66 million dollar bond. As far as equity, the decision last year was that the tax increase to reach equity would be too great for Orange County citizens could bear. She still supports equity dunding. 5 Gharles Foskey, go for the full amount, the May election date ... the process ... take two b/c and two members of each school board and meet sometime during the next weeks. 9 1Ved Parish, second what Steve and Alice said. Suggested a facilitator if the lachool boards come together. 12 lHevin Cononally, an interested parent in Chapel Hill, we are a whole lgommunity ... we need not to focus on the difficult issues. Schools provide 14obs, lessen the crime rate, teach the children professions that are important 18o us all. \\ 17 1Hatie McLaurin spoke in support of this $66 million dollar bond package. 19upports the idea of the Gang of Six. 20 2M.Y. Laudiciana an Orange County resident spoke against this proposal. This 21s too large an increase in taxes. 23 2Halph Warren, Chair of the Orange County School Board, indicated that on Dec. 252th the consensus was that they will meet with the Chapel Hill Board. 26uggested a narrow agenda and positive steps to be made for this group. 27 2HC /1. Bond Referendum Survey 2HW/ is very much in favor of providing additional facilities... he accepts the 30igures. the bond must be passed or resources will be tied up with pay as you 34o building or buying the trailers.. he is not against the schools... believes 31hat we need a consensus... really wants the telephone survey ... the idea of the 30ommitee will not pass. 34 39g/ move that we need a telephone poll in January and work with the firm 35ohnson.. John negotiate a contract and they will bring a sample survey on 1/6 32hich will include the objectives of the B/c in that survey and authorize the 36hair to sign the contract. 3$i unanimous 40 4mbjectives: MC /total amount that public is willing to pay ... time which is best 410 go to the polls. AG should it be stratified or not ... precinct . vi /we do 48ot need to ask timming ... if people will vote for it we need to go in 4Hay ... all agreed on this ag/ 45 49This will be finalized on 1/6/91 -- the thrust of the questions ... # of people 4to be polled... design of the survey and the type of the question.... 400 voters 48nd instruct them to begin but the survey will come to the commissioners before 48he calling begins. 50 55.'7: Committee we need all school board members Sag/ read a motion tape 1//4 into tape 3 side one ... a shorter memo vi /get all iFA three boards together... 2 NOTION: dw /sh get the three boards together on how to reach a CONSENSUS BETWEEN THE BOARDS AND THEN HOW TO REACH community consensus ROTE: UNANIMOUS (Vi out of room) 6 XC and the two chairs an the facilitator will decide on an agenda. a HW/ that we will provide a facilitator and sandwiches out of the contingency idund. it 12 13 14 15 16 D. EMPLOYMENT AGREEMENT --ORANGE COMMUNITY HOUSING CORPORATION 17 TARA FIKES See the agenda. 18g /vi move managers recommendation unanimous 19 20 21 22 E. NORTHSIDE PROPERTY EASEMENT REQUEST FROM CHAPEL HILL 23 PAM JONES see abstract 24 24g the motion needs to be more concrete. 26 24i /sh motion as the manager recommends particular with the town being 28esponsible easment with conditions stated above on maintence security 28nanimous get additional conditions from GG 30 31 32 F. ESTABLISH AN ORANGE COUNTY SOLID WASTE COMMITTEE 33 DON WILLHOIT 3Bw/ we need to get citizens involved to a greater degree so that they see that 3this is their waste. me agreed. suggested that we do that at last meeting in 3Sanuary ... ag/ agreed that this is very important but 3ag /sh move that we refer this to the Manager to see the budget impact and 3How it would fit into the goals aand objectives... what the charge would 3He ... to come back at the second meeting in January. 4UOTE: UNANIMOUS 41 4aL/ 43 44h have we ha a solid waster committee .... dw ..yes from 84 to 86 it disbanded. 4dw /citizen input is the essence of this. 46 47 G. CONFLICT MANAGEMENT WORKSHOP FOR LOCAL ELECTED OFFICIALS 48 VERLA INSKO 42everal years ago university lake watershed had several people from each unit 50f government working together... very difficult questions needed to be 51esolved. everyone was in opposition... a consensus was reached. winners and 52osers do not have to be the outcome... ., NORTH CAROLINA ORANGE COUNTY EMPLOYMENT AGREEMENT Agreement made this the 6th day of January, 1992, by and among Donna L. Dyer, 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. Employee shall be responsible to and governed by the Board of Directors of Corporation, shall report to and advise the Board of Directors of Corporation on all significant matters of Corporation's business and shall see that all lawful orders and resolutions of the Board of Directors of Corporation are carried into effect. 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 West Main Street, Carrboro, North Carolina, the principal office of Corporation, and at such other place or places as Corporation 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 commence January 6, 1992, and shall terminate June 30, 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 -Four Thousand Six Hundred Twenty -Five Dollars ($44,625.00) 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 Thirteen Thousand Two Hundred One Dollars and Eleven Cents ($13,201.11) 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, 1992, and April 1, 1992. Employee shall be eligible for workers compensation, medical, dental and life insurance and retirement coverage under Employer's benefit plan. Employee shall be entitled ratably to twelve (12) days of sick leave per year and twelve (12) days of annual leave per year during the term of this Employment Agreement. Further, Employee shall be entitled to the following paid holidays during the term of this Employment Agreement: New Year's Day, Martin Luther King Jr.'s Birthday (3rd Monday, January); Good Friday; Memorial Day; Independence Day. SECTION FIVE 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 aforesaid, and the parties further agree that the provisions of this section may not be waived except as herein set forth. SECTION SIX TERMINATION Employee shall be deemed an "employee at will" as that term is defined under the laws of North Carolina. Corporation shall review Employee's work performance prior to 2 the termination date of this Agreement, and 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 SEVEN 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 EIGHT 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. 3 ORANGE COMMUNITY HOUSING CORPORATION Keith E. Aldri4e Chair, Board of Directors ATTEST: o . �Iiamt- P Seer ry COUNTY OF ORANGE Moses Carey, Jr. Chairman, Orange County B ATTEST: Aee Beverly BI ie, Cle to the Board ATTEST: DONNA L. DYER Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. . 1/6/92 Finance Officer Date 4 STATE OF NORTH CAROLINA COUNTY OF ORANGE EASEMENT FOR GREENWAY PURPOSES THIS DEED OF EASEMENT, made this 17th day of DPPPm ar , 19`9,1 by and between Orange County, North Carolina hereinafter referred to as the "Grantor ", and the Town of Chapel Hill, a municipal corporation of the State of North Carolina, hereinafter referred to as the "Town "; WITNES5ETH: WHEREAS, the Grantor is the owner in fee simple of certain real property hereinafter described; WHEREAS, the property has scenic, aesthetic, and recreational value in its present state as a natural area; WHEREAS, the Grantor and the Town recognize the recreational, scenic and aesthetic value of the property in its present state, and have, by the conveyance of an Easement to the Town, the common purpose of preserving the natural values and character of the property, and preventing the use or development of the property in any manner which would conflict with the maintenance of the property in its scenic and natural condition; WHEREAS, the Grantor is willing to grant an Easement over the property, thereby restricting and limiting the use of the land and contiguous water areas, on the terms and conditions and for the purposes hereinafter set forth, and the Town is willing to accept such Easement; NOW, THEREFORE, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, and in further consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor hereby grants and conveys to the Town and its successors in perpetuity an interest and Greenway Easement of the nature and to the extent hereinafter set forth, in and over the lands of the Grantor described as follows: -,17 Beginning at a point where the center line of Tanyard Branch crosses the northern right -of -way margin of Caldwell Street; Thence from said point of beginning and down Tanyard Branch, the following calls: N 27° 17' 16" W 52.34' to a point; Thence N 05° 56' 36" W 68.56' W to a point; Thence N 31° 46' 58" W 38.45' to a point; Thence N 630 45' 18" W 40.24' to a point; Thence N 70° 23'14" w 74.11' to a point; Thence N 300 23' 19" W 58.33' to a point; Thence N 120 02' 45" W 80.79' to a point;. Thence N 17° 45' 11" W 30.94' to a point; Thence N 420 13' 20" W 22.93' to a point; Thence leaving Tanyard Branch N 700 16' 01" E 16.50' to a point; Thence N 22° 58' 59" W 42.00' to a point; Thence N 22° 58' 59" W 90.00' to a concrete monument on the southern right -of --way margin of McMasters Street; Thence with the southern right -of -way N 65° 21' 01" E 144.59' to a point; Thence leaving said right -of -way S 190 25' 44" E 138.17' to a point; Thence S 270 07' 25" E 212.28' to a point; Thence S 52° 48' 25" E 143.86' to a point on the northern right -of -way margin of Caldwell Street; Thence with the northern right -of -way margin of Caldwell Street and curving to the left (Radius = 429.66' Arc = 49.551) S 42° 00' 49" W 49.52' to a point; Thence continuing along said right - of -way S 38° 42' 35" W 104.07' to a point: Thence curving to the right with the northern right -of -way (Radius = 350.32' Arc = 39.031) S 41° -54' 05" W 39.01' to the point and place of beginning; containing 1.78 acres more or less all as shown on the plat of the property titled "TANYARD CREEK GREENWAY, PROPERTY OF ORANGE COUNTY," which plat is Exhibit A to this easement and incorporated herein by reference. The terms, conditions and restrictions of this Easement are as follows: (1) No structure shall be erected on the property; provided trails, stairs, signs, trail markers, litter receptacles, picnic tables, picnic shelters, gates, trail bridges and other trail, recreational and convenience facilities may be placed upon the property by the Town of Chapel Hill consistent with Town policy. (2) There shall be no dumping of ashes, garbage, waste or other unsightly or offensive material on the property. (3) There shall be no excavation, dredging, removal of loam, rock, sand, gravel or other material, nor any building of roads; excepting for the construction and maintenance of trails, fire lanes, other accesses by the Town of Chapel Hill.. (4) There shall be no removal, destruction or cutting of trees, shrubs or other vegetation from the property except as may be performed by the Town of Chapel Hill: (a) for the construction of trails and recreational facilities; (b) maintenance of trails, fire lanes and other accesses; (c) for the prevention or treatment of disease; or (d) for other good husbandry practices. (5 ) Members of the general public shall have free access to and use of the property, subject to the laws and ordinances of the Town of Chapel Hill, and for the purposes allowed under policies adopted by the Town including, but not limited to the following: walking, jogging, running, nature studies, hiking, non - motorized bicycle riding and picnicking; provided, there shall be no access by the Town of Chapel Hill or the public at large granted by this easement to any property of the Grantor other than that described and conveyed herein. (6) The Town of Chapel Hill shall have the right and duty to maintain this Easement in a clean, natural and undisturbed state, consistent with Town policy. (7) The Grantor retains ownership of the fee interest in the property. (8) The Town agrees to hold the Grantor harmless from liability for personal injury or property damage arising out of the use of the property for Greenway purposes; provided the Grantor shall.not be held harmless from liability caused by the active conduct or instrumentalities of the Grantor, his agents, invitees or contractors; or by acts of the Grantor, his agents, invitees or contractors which violate the terms and conditions of this Deed of Easement. In the event a violation of these terms, conditions or restrictions is found to exist, the Town and the Grantor may, after a thirty (30) day notice to the other, institute a suit to enjoin by ex parte, temporary and /or permanent injunction such violation, to require the restoration of the property to its prior condition, or for damages for breach of covenant. The Town and the Grantor do not waive or forfeit the right to take action to insure compliance with the terms, conditions and purposes of this Greenway Easement by a prior failure to act. The Town reserves the right to enter the property at reasonable times in order to monitor compliance with the terms, conditions, restrictions and purposes of this Greenway Easement. The Grantor expressly reserves the right to continue the use of the property for all purposes not inconsistent with this Easement. The Grantor agrees that the terms, conditions and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. TO HAVE AND TO HOLD the said right, privilege and easement herein granted to the Town of Chapel Hill, its successors and assigns forever. The covenants agreed to and the terms, conditions and restrictions imposed herein shall be binding upon the Grantor and its agents, personal representatives, heirs, assigns and all other successors to it in interest and shall continue as a servitude running in perpetuity with the above described land. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. ORANGE COUNTY By: Moses Carey, Jr., Chai ; Orange County Board o Commissioners ATTES [OFFICIAL SEAL] Beverly A Blythe Clerk to the Orange County Board of Commissioners NORTH CAROLINA ORANGE COUNTY I, Notary Public for said County and State, certify that Beverly A. Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Carey, Jr., Chairman, Orange County Board of Commissioners, sealed with its official seal, and attested by herself as its Clerk. W'tness my hand and official seal, this the /5 day of 1992. /y Notary Public My commission expires: 3,0 _ EXHIBll A 0 o. I V) I . �/W MCMASTERS ST. [lr C N 65. 1'.11 ° E [� 144. 59' ( IN/F y I MARKHAM w I D8.284 o P9.470 blm °�u w TOWN CHAPEL HILL GREENWAY �� cp OB45TP9464 b 4 N70. 1601 °E 1 1 16.50 N42. 13.20' W [~ •cp. 22.93 ' 1 N 17.4�4�' 30.9j[iPl 1 TOTAL AREA 1 77,498,94 Sq. Ft. I 1 n ( 1.78 AC.) N/F 1 �" EDWARDS v 1 N DB 158 p N P9.136 Z ~ x 1 N/F ORANGE COUNTY 1 rn TAX PARCELL 7.84,J,3 N30.,3'191.w cE. j-1p A ; 50.33 1` ,1 \\It PROPERTY LINE IS CL OF TANYARD CREEK \ \ 1 % i \ N63-45 W \ \ \ \� 40.24• \ ♦ \ \ 0 N/F EDWARDS c" DB 258 N31.46'58•'W ` P9.1550 38.45 v, F• N.! II � n 7n m u• s"/ I 5 41' S4'05"W • 3A 39.01' ��jjjM �a �4 ' S�• P9 \9 cr• � ��32 Gpt. g36 \e CREEK CQR /W P FENCE LINE c 02.00,49 °W TANYARD CREEK .- GREENWAY PROPERTY OF ORANGE, COUNTY TAX MAP 7.8 4. J.3 SCALE: I" = 50' LEGEND: • = C.P. (COMPUTED POINT) O = E,I.P. (EXISTING IRON PIPE) 6 = C. M. (CONCRETE MONUMENT) STATE OF NORTH CAROLINA x0lia �4 414irs) WS) il jlej AGREEMENT BETWEEN THE HILLHAVEN CORPORATION AND ORANGE COUNTY, NORTH CAROLINA TSSS , made and entered into the 1st day of July, 1989, by and between the Hillhaven Corporation, hereinafter referred to as "THE CORPORATION" and Orange County, North Carolina, hereinafter referred to as "THE COUNTY ". WITNESSETH: WHEREAS, THE CORPORATION has the need for non - emergency, medically necessary transportation (hereinafter referred to as "transportation services ") for its patients; and WHEREAS, THE COUNTY is licensed by the State of North Carolina to provide, can provide and is willing to provide transportation services; NOW, THEREFORE, in consideration of the following mutual promises, covenants and conditions, THE CORPORATION and THE COUNTY agree as follows: DEC 16 as -.._ _�._ - -_ -._. __ _. _� -..- _ __..:- _ Nf�+i :n ..:i. i .awl. -. i i. r,n _. -_ .. - -., i- _ THE CORPORATIONIS RESPONSIBILITIES 1. To notify Orange Central Communications of the need for transportation services and any case - specific require- ments associated with those services. 2. As supplier to its patient of the transportation services,- to -make all claims and be responsible for all correspondence and communication related to insurance reimbursement and Medicare and Medicaid reimbursement under the Medicare program. 3. To pay THE COUNTY for the transportation services provided to it at the rate of $50.00 mile for each transportation service CORPORATION agrees to pay THE COUNTY transportation services within thirt, receipt of invoice. THE CORPORATION for transportation services invoices plus $2.00 per loaded requested. THE invoices for F (30) days of the shall remit its payment to: Orange County Department of Revenue Attention: John Horner Post Office Box 8181 Hillsborough, North Carolina 27278 THE COUNTY'S RESPONSIBILITIES 1. To respond to request for transportation services requested by THE CORPORATION according to a protocol to be contained in a letter or exchange of letters between THE CORPORATION and orange County Emergency Services. 2. To remain licensed by the State of North Carolina, Office of Emergency Medical Services, Division of Facility Services, Department of Human Resources and any other licensing agency as a provider of transportation services. TERM OF AGREEMENT This Agreement shall cover the period from the 1st day Of July 1989 to and including the 30th day of June, 1991. TERMINATION OF AGREEMENT This Agreement or its renewals may be terminated at any time without penalty by either party, provided that written notice of such termination is furnished to the other party at least thirty (30) days prior to termination. The parties agree and understand that the Director of Orange County Emergency Services may temporarily suspend the services under this Agreement in the event of a disaster within the County requiring substantially all of the medical transportation resources available to Orange County. ,r u ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this Agreement. IN TESTIMONY WHEREOF, THE CORPORATION has caused this instrument to be signed in its name by its duly authorized officer and THE COUNTY has caused this instrument to be signed in its name by its duly authorized officers and its seal to be affixed by authority of its Board of Commissioners the day and year recited above. FOR AND ON BEHALF OF: THE HILLHAVEN CORPORATION r By: �7 e a �.. 4h Luqu ire Director of OpJLions FOR AND ON THE BEHALF OF: ORANGE COUNTY, NORTH CAROLINA By: Moses Carey, Jr. Chairman, Orange Count of Commissioners [SEAL] ATTEST: By: Beverly 1 he, Clerk Orange County Board of Commissioners rd__