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<br />month. The cost for all units of service ordered by the purchaser shall be at
<br />a unit price of $3.25 per hour with responsibilities outlined in the contract.
<br />The contract is on file with the Clerk to the Board and is hereby included by
<br />reference as a part of the minutes.
<br /> UPON MOTION of Chairman Lentz, seconded by Commissioner Hamby with
<br />Chairman Lentz and Commissioners Hamby, Moss, and Simmons voting for, the Board
<br />adopted nunc pro tunc the "Contract for Respite Care Temporary Placement"
<br />between Giles Leisure Home (the "Center") and the Department of Aging (the
<br />"Purchaser") for domiciliary services to older adults. The contract was for the
<br />period July 1, 1990 through June 30, 1991 with the Purchaser to purchase up to
<br />24 days per client per contract year or up to 576 hours per client within stated
<br />contract period. The Center shall be committed to deliver the total units of
<br />services requested by the Purchaser at an average minimum rate of 24 hour days
<br />or 168 hours per client. The purchase and delivery price for all units of
<br />service ordered by the Purchaser shall be as follows:
<br />
<br />A unit price of $1.01 per hour for ambulatory participants and $1.06
<br /> per hour for semi-ambulatory participants. (This rate is based on
<br /> the 1990 Special Assistance Rates for Domiciliary Homes which states
<br /> $724 for ambulatory residents and $760 for semi-ambulatory based on
<br /> a 30-day month) with the responsibility as outlined in this
<br /> contract.
<br />
<br />The contract is on file with the Clerk to the Board and is hereby included by
<br />reference as a part of the minutes.
<br /> UPON MOTION of Chairman Lentz, seconded by Commissioner Hamby with
<br />Chairman Lentz and Commissioners Hamby, Moss, and Simmons voting for, the Board
<br />approved the removal of an IBM Selectric typewriter from the list of items that
<br />the Board declared as surplus property on October 1, 1990 and authorized for
<br />sale at public auction. The typewriter has been transferred from the Veteran's
<br />Service Office to the Tax Assessor's Office.
<br />
<br />NEW BUSINESS
<br />
<br /> The Board received the request dated October 5, 1990 from Mr. Charles D.
<br />McGinnis to Mr. Michael M. Ruffin, County Manager, for a copy of the "itemized
<br />legal fees and retainer presented by the County Attorney monthly from July 1,
<br />1988 through September 30, 1990" and a copy of the "monthly expense analysis for
<br />the period July 1, 1988 through September 30, 1990 of the Board of
<br />Commissioners, Coddle Creek Capital project, the Airport Capital project, the
<br />Water and Sewer District and/or any other Budgets or Funds from which legal fees
<br />or retainer have been paid."
<br /> Mr. Fletcher L. Hartsell, Jr., County Attorney, explained that his monthly
<br />statements are submitted in several categories, including retainer, general,
<br />airport, water and sewer and Coddle Creek, and are itemized to the nearest
<br />1/20th of an hour by date, service activity provided, and amount. He noted that
<br />significant portions of the statements are not public records under North
<br />Carolina General Statute 132-1. According to Mr. Hartsell, the detailed
<br />description of services often outlines confidential communications to the Board,
<br />as his client, or on the Board's behalf, and details the way and manner in which
<br />he represents the Board. For example, he stated the description frequently
<br />includes summaries of land purchase or contract negotiations, claims by or
<br />against the Board or County departments, or activities in litigation.
<br />Therefore, Mr. Hartsell explained that, under North Carolina General Statute
<br />132-1.1, the portions of such statements describing such matters less than three
<br />(3) years old are not open to public inspection, examination or copying unless
<br />specifically made public by the Board. Mr. Hartsell stated in his opinion it
<br />would not be prudent to release all the requested information because of ongoing
<br />legal matters. However, he did advise that any billings for the retainer and
<br />water and sewer utility and district accounts can probably be released with no
<br />editing and with no breach of confidentiality and that any others prior to
<br />January 1, 1990, can probably be released with minimal editing. Otherwise, Mr.
<br />Hartsell stated that from approximately January 1, 1990 forward, the dates, time
<br />expended and charge extension can be released but that the detailed description
<br />should not be released for the general, airport or Coddle Creek accounts until
<br />the confidential aspects of those projects are resolved or completed. In
<br />conclusion, Mr. Hartsell recommended that the Board consider the adoption of a
<br />formal policy for Cabarrus County relative to the release of public documents.
<br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Moss with
<br />Commissioners Hamby, Moss and Simmons and Chairman Lentz voting for, the Board
<br />
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