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HomeMy WebLinkAboutMinutes - 20041005APPROVED 11/16/2004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 5, 2004 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 5, 2004 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret Brown, Moses Carey, Jr., Alice M. Gordon, and Stephen Halkiotis COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. Additions or Changes to the Agenda Chair Jacobs suggested observing a moment of silence in memory of Jodi Strickland, one of Orange County's Sheriff's Deputies who died in a car accident over the weekend. The yellow sheet was a replacement for item 5-g, Benefits for Domestic Partners. The lavender sheet relates to item 5-f, 2005 County Commissioners' Calendar. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Board Comments Commissioner Carey said that he heard on the radio about the flu vaccine and the shortage. He asked about the implications of this since the Health Department handles vaccinations. He said that the County may need to provide contingency plans. He asked for Health Director Rosemary Summers to comment on this later in the meeting. Commissioner Halkiotis said that this is the second year in a row that the private sector has messed up significantly. He said that the Board should go on record and encourage the congressional delegation to look at ways of being self-reliant for vaccines in our own country and not depending on foreign sources. Commissioner Carey said that this is an opportunity for our federal government to step in. Health Director Rosemary Summers said that John Link asked her to talk about flu season during the Manager's comments. She said that she was originally going to show the community vaccination schedule, but this will have to be revised. There are two major manufacturers of the flu vaccine that can make vaccines. Apparently, Chiron had some manufacturing difficulties getting it passed in England and the license was suspended for three months. They are not allowed to release any of the vaccine. The Health Department ordered 4,000 doses and about 3,300 of those were from Chiron. Some of the vaccine form Aventis has come by way of the State Universal Vaccine Program, which means that it is restricted in how it can be used. It must go to children that have high risk factors. This leaves an even smaller number of doses. She said that they always follow CDC guidelines with the vaccinations in that they vaccinate high risk individuals first. These categories are 65+, children who have high risk conditions, and other adults that have high risk conditions. The other group taken into consideration is health care workers and first responders. They are also calling other providers to see who was providing their vaccine and what they might have available. They expect to work with these providers to prioritize high risk individuals. Last year they had some experience with an early outbreak and they worked with private providers to provide vaccinations. Tomorrow they will look at a contingency plan and they will prioritize and look for other sources of vaccine. She said that it was puzzling as to why some manufacturers can distribute in other countries but the FDA will not allow them to be distributed here. She said that there is a reason to be concerned but not to be panicked. People who are not high risk may end up not being able to get the vaccine this year. Chair Jacobs asked about Canada's supply of vaccine and Rosemary Summers said that she did not know about it. Chair Jacobs said that he believes that Wisconsin and Illinois are now authorized to purchase drugs from Canada as states, not by the federal government. He asked Rosemary Summers to contact a Health Director in one of these states to find out if this is a viable option. Commissioner Halkiotis said that the Board also discussed that there are two counties in North Carolina that are exploring opportunities of making drugs available from Canada to their employees. John Link said that the Personnel Director would be following up on this. Commissioner Gordon arrived 7:45 pm. Commissioner Halkiotis said that he asked the Chair for a moment of silence for the passing of Jodi Strickland, Orange County Sheriff's Deputy. He said that he knew her very well. He said that she was the most wonderful Resource Officer that the Orange County Schools have ever had. She was not a rough type, but a caring person interested in protecting children. He said that the children at A. L. Stanback Middle School are heartbroken as well as the Sheriff's Deputies. Commissioner Halkiotis made reference to the weigh station on I-85 and that the County recently purchased some property on the same side of the road as the weigh station. Someone else has timbered on the other side of the interstate right up to the interstate. He said that there are supposed to be 100-foot buffers up to the interstate and people are cutting trees down right up to the interstate. He would like an answer at the next meeting from the forestry division about the official legal response to this and if people can timber right up to the interstate. He said that OCS left a 100-foot buffer, as per directions from the Orange County Planning Department and the State, when Cedar Ridge High School was built. The OCS will be leaving more than this in the proposed middle school site. He is confused. He thinks the elected officials should know what is going on. Commissioner Halkiotis said that he and Commissioner Carey are going to be meeting with officials from Durham Tech next week. He is getting editorial advice from the Chapel Hill Herald that the library needs to stay right where it is in downtown Hillsborough. He said that there has not even been a discussion and they are already being told what to do. He said that maybe it was time to talk about selling the library to the Town of Hillsborough. Maybe the County should have a library in a more rural setting. Commissioner Halkiotis made reference to the Esquire Health Club and said that there were two reports in two local newspapers about this. One was totally accurate in the Chapel Hill News by Cheryl Johnston, staff writer - "Esquire Health Club Snares County's Attention." The second one was in the Chapel Hill Herald - "Massage Parlor Okay During Inspection" - by Beth Velliquette. In this article, Ms. Velliquette claims, "Commissioner Steve Halkiotis who said he believes prostitution is taking place at the club, asked County Manager John Link to prepare a report on it." He is bothered by this because he knows he did not say this. He reviewed the tape from the meeting where he addressed this. At this meeting, he said that a citizen emailed him and felt that prostitution was going on at the club. He said that he was very careful to state that a citizen made this statement to him via email. He thinks that being misquoted like this does a disservice to elected officials. He is tired of this. He is trying to be fair to the Esquire Health Club. Commissioner Brown made reference to the new Orange County Recreation map that has gone into distribution. This is the first one that has ever been created for Orange County. It gives the locations of all athletic infrastructure and any recreation that is possible in Orange County. The background for doing this comes from park bonds in 1997 and 2002. After the bonds, it was important to let the community know what is available for total public use. The Intergovernmental Parks Workgroup created this map, and was done together with the Health Department and Healthy Carolinians. She recognized the photography by David Hunt, staff member in the County Commissioners' office. The entire cost for printing 20,000 copies was $1,589. This was because it was done in-house without a consultant. Commissioner Gordon asked the staff to get together information about the 12 recreation centers and which ones had received Orange County government money and how much. Commissioner Gordon said that the Transportation Advisory Committee passed the Long Range Transportation Plan for the year 2030 on September 29th. She mentioned some new issues that were discussed. One is that the Town of Chapel Hill wanted the Weaver Dairy Road Extension that went down through Carolina North deleted, and it was deleted. The Town also wanted another route for the bus ways going through Chapel Hill and connecting to Carrboro. The TAC passed the plan the way it was and asked Chapel Hill and Carrboro to get together and come up with a recommendation, which will be discussed at the meeting on October 13tH Commissioner Gordon said that there were some concerns about getting information out soon enough to the TAC. The Town of Chapel Hill came up with a unanimous resolution to ask the TAC to reexamine the process. The Town of Chapel Hill was very dissatisfied, so the staff is going to take this into account. Commissioner Gordon said that there was a lot of development in Chatham County, but the staff asked for the Fearrington Mill Road and the Stagecoach Road improvements to be put to post years. She has asked that the staff put together a process for Orange, Durham, and Chatham Counties to talk about this. Commissioner Gordon said that right before the TAC meeting on September 29th the two TACs, the Durham-Chapel Hill-Carrboro TAC and the CAMPO TAC, met jointly and they agreed on the wording for a memorandum of agreement between the two groups, which will have to go back to the two TACs. She has copies of the memorandum of agreement. Commissioner Gordon said that the Triangle J Council of Governments seated new officers -Frances Dancy is the chair of this group. Chair Jacobs is on the Air Quality Committee and the Regional Legislative Agenda Committee. She said that she was also appointed to a couple of committees. Commissioner Gordon said that she and Chair Jacobs attended the open house for Twin Creeks on October 4th. The recreation map was distributed as well as the Orange County Parks Projects Status Report. Commissioner Carey made reference to the issue of the library in Hillsborough. He saw the article and was a little taken aback because they have not had a chance to meet with Durham Tech officials yet. He knows that one of the Town of Hillsborough Commissioners sits on the Library Task Force. He said that they might need to rethink how they fund the libraries, because Hillsborough is the only entity that has a library and does not contribute anything to the operation of the library. Carrboro has stepped up to the plate, and he thinks Hillsborough should also. Chair Jacobs said that this has come up in the task force meetings. Chair Jacobs congratulated Commissioner Carey for his election as president of the North Carolina Association of Black County Officials. He also congratulated Commissioner Gordon for being elected the Vice-Chair of the Triangle Transit Authority Board of Trustees. Chair Jacobs said that they received information from the North Carolina Solar Center. On December 10th, it is sponsoring a N. C. Landfill Natural Gas to Energy Conference. He asked that someone from the Solid Waste Department attend this meeting. He would like a report back from whoever goes to this meeting. Commissioner Halkiotis said that he would love to attend this meeting. He would like someone from the Manager's office to attend also. Chair Jacobs said that Orange County and Hillsborough have been meeting about land use planning issues. He said that he could bring up collaboration on protecting Hillsborough's water supplies. There was also another school collaboration meeting yesterday and they are going to try and give more specificity to some of the timetables of the issues. They also talked about trying to group some of the items that were listed under "other areas for future collaboration." Chair Jacobs said that he attended a meeting of the Triangle Chairs today and they talked about school issues. Today, they talked about funding formulas, state standards, impact fees and taxes, capital costs, facility siting, and other matters. He asked Rod Visser to synthesize what was heard at the meeting. Rod Visser said that there were interesting facts shared at this meeting. He said that Wake and Durham Counties are experiencing similar challenges as Orange County as it relates to school funding. He said that the Wake County Public Schools did a calculation at the request of Wake County Commissioners and determined that 28% of local funding for schools goes for things that the State requires. The implication is that 72% of local funding is going to the discretionary area. Another trend is that very sizable portions of the debt capacity is taken up by issuing debt for schools - in the 80-90% range. Another trend, particularly in Wake County, is that there are very large amounts of school fund balance left on hand, to the tune of the equivalent of two cents on the tax rate in Wake County. Rod Visser said that they shared with the group the policies of Orange County and they got some in return. He said that there was a clear consensus among all three chairs that it is important for the counties, the school boards, the County Commissioners' Association, and for the North Carolina Association of School Boards to work together to deal with the disturbing trend in recent years that involves reductions in the amount of State funding that is being passed on to counties. Commissioner Halkiotis said that this year the State is starting something new in that it is no longer buying school buses outright, but doing three-year leases. He predicts that at the end of the three-year trial period, the cost will be put back on the counties. Commissioner Halkiotis said that he hopes the Board will discuss Amendment One, before the November election. He is hearing that it has the potential of taking away monies from county government in anticipated new revenues that will accrue from additional housing stocks in property taxes. He would like to have a presentation on this from the County Commissioners' Association. John Link said that he has asked Economic Development Director Dianne Reid to give a presentation on this Amendment One. This report will be at the next meeting. Chair Jacobs said that he understands that in November the Board will receive a report on the minority business policy, which has been in effect since 1990. Chair Jacobs said that the Board would get a report at the next meeting from the Library Task Force. He said that the task force has worked very hard to listen to concerns of residents of Hillsborough and also to assure them that the branch library would probably be more than 7,000 square feet. Commissioner Carey said asked if a preliminary report could be given to them before they meet with Durham Tech and Chair Jacobs said yes. 4. County Manager's Report John Link said that the only topic he had planned to bring forward was the flu season presentation and that Rosemary Summers just presented it. 5. Items for Decision--Consent Agenda A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes for June 21 and August 17, 23, 31 of 2004 as submitted by the Clerk to the Board. b. Appointments -None c. Property Tax Releases The Board adopted a resolution, which is incorporated by reference, to release property values related to two (2) requests for property tax releases in accordance with N.C. General Statute 105-381. d. Property Value Changes The Board adopted the resolution, which is incorporated by reference, approving value changes made in property values after the 2004 Board of Equalization and Review has adjourned. e. Applications for Property Tax Exemption The Board approved three (3) untimely applications for granting exempt status from ad Val Orem taxation for the 2004 tax year. f. Board of Commissioners Meeting Calendar for Year 2005 This item was removed and placed at the end of the consent agenda for separate consideration. g_ Benefits for Domestic Partners -Implementation and Personnel Ordinance Revisions The Board approved the implementation of benefits for domestic partners as provided under "Benefits Offered" and adopted the Attachment 1 Personnel Ordinance revisions effective January 1, 2005. h. Agreement Between UNC Hospitals and Health Department for Support of Healthy Carolinians Coordinator The Board approved the agreement, accepted the funds in the amount of $10,992 for FY 2004-2005 from UNC Hospitals, and authorized the Chair to sign the agreement subject to final review by staff and the County Attorney. i. Agreement for County and OWASA Co-Holding of Conservation Easements This item was removed and placed at the end of the consent agenda for separate consideration. L Contract Approval: Lighting Consultant for Playing Fields at Smith Middle School and Efland Cheeks Park The Board exempted this project from the qualification-based selection process for architect services as allowed by GS 143-64.32 and approved a contract with Reece Noland McElrath in the amount of $18,550 for Smith Middle School fields and $19,550 for design of lighting for Efland Cheeks Park -Phase II; and authorized the Purchasing Director to execute paperwork as may be required. k. Bid Award: CCTV System for Jail The Board awarded a bid for a CCTV System for the Jail from Electro Micro Security Systems, Inc. from Durham, NC in the amount of $59,852 and authorized the Purchasing Director to execute the necessary paperwork. I. Budget Amendment #3 The Board approved budget, grant project, and capital project ordinance amendments for fiscal year 2004-05 for Social Services, Sheriff's Department, Environment and Resource Conservation, Health Department, Arts Commission, Human Rights and Relations, and Animal Services. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA f. Board of Commissioners Meeting Calendar for Year 2005 The Board considered final approval of the regular meeting schedule for the Board of County Commissioners for calendar year 2005. Chair Jacobs said that the lavender sheet reflects suggested changes since the agenda packets went out. Chair Jacobs said that he would like to leave the November 2, 2005 meeting as is because he has a conflict on November 1St A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the regular meeting schedule for the Board of County Commissioners for calendar year 2005, with the change as noted above by Chair Jacobs and the changes reflected on the lavender sheet. VOTE: UNANIMOUS i. Agreement for County and OWASA Co-Holding of Conservation Easements The Board considered an agreement between Orange County and the Orange Water and Sewer Authority (OWASA) for the co-holding of conservation easements, subject to final review by the County Attorney, and authorizing the Chair and Clerk to sign. Commissioner Carey asked whether the agreement should be written to apply to any subsequent co-ownership of easements. This one refers specifically to the two they are acquiring tonight. Geof Gledhill said that this agreement does allow this cooperation for other projects. This is in paragraph #1. This agreement will cover any joint projects with OWASA. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve an agreement between Orange County and the Orange Water and Sewer Authority (OWASA) for the co-holding of conservation easements, subject to final review by the County Attorney, and authorize the Chair and Clerk to sign. VOTE: UNANIMOUS 6. Resolutions or Proclamations a. Domestic Violence Awareness Month The Board considered a proclamation recognizing the month of October 2004 as Domestic Violence Awareness Month and authorizing the Chair to sign. Assistant County Manager Gwen Harvey introduced Leslie Gura, President of the Family and Violence Prevention Center of Orange County. Leslie Gura said that they appreciate the County Commissioners' support. In the past fiscal year, they served 18% more clients than the previous year and the number of services provided increased by 39%. Commissioner Gordon read the proclamation. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the proclamation as stated below, recognizing the month of October 2004 as Domestic Violence Awareness Month and authorize the Chair to sign. PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2004 WHEREAS, domestic violence, once a secret kept among families, is now recognized as a serious crime in our community; and WHEREAS, domestic violence has severe consequences for survivors, their children and families and impacts on the quality of life of the entire community; and WHEREAS, stopping the cycle of this crime requires not only the resolve and courage of survivors, but also support and involvement from all of us; and WHEREAS, enhanced education, prevention and intervention help increase public awareness of the severity and extent of domestic violence; and WHEREAS, violence in the home is a problem that affects every socioeconomic level in our society, occurring in wealthy and disadvantage neighborhoods and involving the employed and unemployed; and WHEREAS, domestic violence is generally learned and passed down from one generation to another; and WHEREAS, our society pays a high price for domestic violence through homelessness, increased crime rates, drug and alcohol abuse, increased medical expenses and business losses; and WHEREAS, during the month of October, local, state and national domestic violence agencies will sponsor events to help us focus public attention on the problem of domestic violence; NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby proclaim the month of OCTOBER 2004 as DOMESTIC VIOLENCE AWARENESS MONTH and encourage all residents to dedicate themselves to learning about reducing domestic violence and violence against women in Orange County; and further encourage all residents of the Orange County community to support the domestic violence programs in their communities, including the Orange County Commission for Woman, the Family Violence Prevention Center of Orange County, the Women's Center and the Rape Crisis Center. This the 5th day of October 2004. Chair Jacobs said that the phone number for the center is 929-3872. VOTE: UNANIMOUS b. Mental Illness Awareness Week The Board considered a proclamation recognizing the week of October 3 through 9, 2004 as Mental Illness Awareness Week and authorizing the Chair to sign. Assistant County Manager Gwen Harvey introduced Susan Spalt, a member of the National Alliance for the Mentally III, and she said that the Orange County chapter is sponsoring this week and the theme is "Don't Be Afraid to Ask." Susan Spalt said that she is glad to be here as a member and volunteer. She said that one out of seven people are affected by mental illness and it is more common than heart disease and cancer. The Orange County chapter of NAMI is trying to come up with ways of educating the public so that people will not be afraid to ask how they can help people with mental disorders. Commissioner Brown read the proclamation. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the proclamation as stated below recognizing the week of October 3 through 9, 2004 as Mental Illness Awareness Week and authorize the Chair to sign. PROCLAMATION MENTAL ILLNESS AWARENESS WEEK October 3-9, 2004 WHEREAS, Mental Illness Awareness Week (October 3-9, 2004) is aimed at reducing the stigma about mental illness and getting information to family members and people with mental illness; and, WHEREAS, The Orange County Chapter of the National Alliance for the Mentally III is an organization of family members, parents, sons, daughters, spouses, siblings and people living with mental illness; and, WHEREAS, Mental illnesses are no-fault brain disorders for which there is effective treatment; and, WHEREAS, Mental illness, which affects one out of every five families, is more common than heart disease or cancer; and, and, WHEREAS, It is important to provide information about mental illness to the community; WHEREAS, Silence and stigma add to the difficulty of living with mental illness; and, WHEREAS, Family members and people living with mental illness are often afraid to ask for help or information or do not know where to turn for accurate and supportive information and help; and, WHEREAS, The theme of Mental Illness Awareness Week in Orange County is: Don't Be Afraid To Ask; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners do hereby proclaim the week of October 3~d through the 9th, 2004 to be Mental Illness Awareness Week and urge all residents to educate themselves about mental illness so that no one need be afraid to ask: --About getting help for mental illness, --About living with a loved one with mental illness, or --What it is like to have a mental illness. This fifth day of October, 2004. VOTE: UNANIMOUS c. Resolution of Approval -Agricultural and Watershed Protection Conservation Easement for the William McPherson Farm The Board considered a resolution to approve the purchase of and acceptance by Orange County of an agricultural and watershed protection conservation easement from William McPherson, Jr. and his son William McPherson III, the conservation easement to be held jointly by Orange County and the Orange Water and Sewer Authority (OWASA) and authorizing the Chair to sign. Rich Shaw, Land Conservation Manager, said that both of these projects on the agenda tonight are joint projects with Orange County and OWASA. Both are called Agricultural and Water Conservation Easements because they are intended to protect prime farmland in the County and public water supply watersheds, mainly the Cane Creek Protected Watershed. Both farms are in the Cane Creek Watershed in the southwest portion of Bingham Township and both have Tom's Creek running through them on its way to Cane Creek. Tom's Creek begins on McPherson Farm. He said that OWASA has acquired a lot of land in this watershed, and more recently they have been acquiring conservation easements. This is the first collaboration with Orange County and OWASA. The McPherson Farm is on the east side of Mebane-Oaks Road. The farm is 47 acres in size. It is an active farm and they raise beef cattle, corn, and other row crops. The easement will protect the entire 47-acre farm. The McPherson's will retain the right to farm, but with restrictions along Tom's Creek. No future house sites or subdivision of this property would occur. The cattle would be excluded from the Tom's Creek corridor except for one crossing. The cost of the easement purchase, to be split evenly by Orange County and OWASA is $125,000 or approximately $2,600 per acre. The total cost to Orange County is estimated to be $68,000. Commissioner Brown asked about the 100-foot strip and how it was decided. Rich Shaw said that they tried to get a wide buffer. OWASA's main interest is keeping things out of the corridor and they will be using funds from the Clean Water Management Trust Fund to help in this regard. The State would like to get as much as 300-foot buffers, but it was not feasible in this case. It would take a lot more of the land out of production than the McPherson's were willing to give up. Commissioner Gordon made reference to page 18 about forest management. She is bringing this up for future reference. She said that as they think about other conservation easements, she thinks they should think about to what extent these forest management practices should be allowed in order for a farm to be viable. She thinks they should look at what to allow in terms of priorities for forest management activities. She echoed Commissioner Brown's concerns about the potential fora 300-foot buffer. She asked that this be put on the list for review about what conservation easements should say regarding buffers and timber management. Commissioner Carey asked if the areas in livestock would be fenced and Rich Shaw said yes, with one allowable crossing. Commissioner Brown asked about who would be the enforcement agency and Rich Shaw said that ERCD would once a year have a visit to the property and be on call. This is spelled out in the easement agreement. Geof Gledhill said that OWASA also has the ability to monitor this easement and that is one of the features of this type of easement. There will be two governments receiving the conservation easement and each will be monitoring it. Commissioner Halkiotis said that he thinks this is wonderful. He said that in other counties the cattle live in the streams and creeks. Commissioner Carey read the resolution. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt the resolution as stated below to approve the purchase of and acceptance by Orange County of an agricultural and watershed protection conservation easement from William McPherson, Jr. and his son William McPherson III, the conservation easement to be held jointly by Orange County and the Orange Water and Sewer Authority (OWASA) and authorize the Chair to sign. RESOLUTION Approval of Agricultural and Watershed Protection Conservation Easement Between Orange County, Orange Water & Sewer Authority, and William McPherson WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in the County; and WHEREAS, agriculture in Orange County is an important facet of the economy and way of life in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on prime or threatened farmland within water supply watersheds; and WHEREAS, the McPherson farm includes 46.54 acres in the Cane Creek protected watershed, consists of a majority of prime soils, and is located in an agricultural community with access to farm markets; and WHEREAS, the Orange Water and Sewer Authority (OWASA) has agreed to collaborate on the joint acquisition of a conservation easement that will protect the prime farmland and riparian corridors that exist on the McPherson farm with a conservation easement; and WHEREAS, a conservation easement on this entire farm provides awin-win scenario - ensuring the preservation of this farmland for future generations and providing return on the property for the McPherson family; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) agree to accept on behalf of Orange County the agricultural conservation easement to protect prime farmland owned by William McPherson, Jr. and his son William McPherson III; 2) approve the execution of the Offer to Purchase and Contract of Sale and the Deed of Agricultural Conservation Easement with the McPhersons, in accordance with the terms of the proposed Offer to Purchase and Contract of Sale and the Deed of Agricultural Conservation Easement, the final form and terms of which to be approved by ERCD staff and the County Attorney; and 3) authorize the Chair and the Clerk to sign the Offer to Purchase and Contract of Sale and the Deed of Agricultural Conservation Easement on behalf of the Board, with a closing to occur on or before December 31, 2004. This the 5th day of October, 2004. VOTE: UNANIMOUS d. Resolution of Approval -Agricultural and Watershed Protection Conservation Easement for John and Carolyn Lloyd The Board considered a resolution to approve the acceptance of an agricultural and watershed protection conservation easement from John and Carolyn Lloyd, the conservation easement to be held jointly by Orange County and the Orange Water and Sewer Authority (OWASA) and authorizing the Chair to sign. Rich Shaw said that this farm is located at the intersection of Teer Road and Bradshaw Quarry Road, just west of the Cane Creek Reservoir. Tom's Creek runs along the boundary of this property on its way to Apple Pond. The Lloyd's purchased this farm in 1957 and raise beef cattle on the farm. They also raise hay. They intend to sell the cattle and convert the farm to a timber management operation. OWASA agreed to participate in this because they feel this change in use will be an improvement to the water quality flowing into the reservoir. He showed a diagram of the easement area. The easement will allow farming practices to occur outside of a 300-foot buffer from Tom's Creek and other streams on the property. The Lloyd's would like to reserve the right for two future two-acre home sites, the locations of which have not been determined, but will be required to be approved by Orange County and OWASA before they are identified. They would not be included in the purchase price of the conservation easement. The total size of the easement is 118 acres of the 123 acres that is owned there. A survey will be conducted to determine the exact acreage. The cost of the easement purchase, again to be split equally by Orange County and OWASA, is negotiated at $3,500 per acre, or $413,000. The total of Orange County's share is expected to be $215,000. Commissioner Gordon asked why the $215,000 is not coming from alternative financing for conservation easements like the other one. Dave Stancil said that the existing funding for conservation easements would be exhausted by this time. This was mentioned at the previous Lands Legacy work session. The existing easements would be exhausted and a small portion - $25,000 -would need to be allocated from the Opportunities Fund, which is the other potential funding source. Commissioner Gordon asked if they intended to pay back the Opportunities Fund. David Stancil said that it would be up to the Board to decide. Commissioner Gordon would like for it to be paid back. She asked what the Board thought. Chair Jacobs said that they do not need to decide this now. Commissioner Gordon asked to make a note to bring this up later. Commissioner Gordon made reference to page 19, the forest management, and that the staff has listed 300-foot stream buffers. She said that the intent is to have timber management on this property. She would like to flag this about the forest management. Commissioner Gordon made reference to pages 24-25 and said that there are blanks. Rich Shaw said that the reason it is not filled in is because the market value has not been set in stone yet. They are waiting for the appraisal. Geof Gledhill said that the Board's approval will allow them to fill in the blanks when the appraisal is done. The intent is that if there is any condemnation in the future that Orange County and OWASA will get back their share of the value of the property. Commissioner Halkiotis said that his concern is that they are going to be giving up cattle for tree farming and he said that that these are different type of farms. He asked who would be policing this easement. There have been a lot of complaints with people cutting trees and coming across property lines to cut large trees. Rich Shaw said that he got advice from the Conservation Trust of North Carolina. He said that the language in this forest management section is more detailed and rigorous than other conservation easements of this kind. They refined it even further with the County Attorney and OWASA to make it even more specific with regard to no crossing of streams and entering into wetlands, etc. Even with the language, he agrees that it should be flagged for a little more conscious oversight. Commissioner Halkiotis asked if the County could have prior notification of any cutting and if representatives from the County or OWASA could be present during the cutting. Geof Gledhill said that this could be done. He made reference to page 20 and that the forest management activities must be in accordance with the written forest management plan prepared by a professional forester and approved by the grantee. Orange County and OWASA are the grantees. Commissioner Halkiotis said that he cannot support this because he is not comfortable with it. Chair Jacobs said that if the County is going to be involved, then it should model the behavior that it has been advocating. For instance, the County has been advocating that notice be given to neighbors prior to forestry cutting practices. He asked if this was stipulated anywhere in the agreement and Rich Shaw said no. Chair Jacobs asked if there was something in the agreement about leaving visual buffers and not cutting right up to property lines. Rich Shaw said that on page 20-i., it speaks to aesthetic and recreational considerations, including impacts on views from public roads. Chair Jacobs said that the Board has talked about establishing a mechanism for neighbors to buy timber rights to an easement or buffer along the property line. He would like to work toward this. If the staff could work on interpreting the agreement along those lines, he would feel more comfortable. Commissioner Gordon said that it sounds like more work should be done on this before it is approved. She applauds the owners for their honesty. She thinks the Board should direct the staff to be more descriptive in the language so that the forest management plan details are not left to be negotiated later. The Board agreed that the staff would come back as soon as possible with a modified agreement that reflects the comments made. Commissioner Carey asked about OWASA's action on this and Rich Shaw said that they have approved the purchase contract, but not the conservation easement language. Chair Jacobs said that they appreciate the Lloyd's willingness to work with the County in putting their property into a conservation easement. e. Resolution to Amend the Interlocal Cooperation Agreement Establishing the Orange-Person-Chatham Local Management Entity (LME) The Board considered a resolution that amends the Interlocal Cooperation Agreement (ICA) that established the three-county public entity to serve as the Local Management Entity (LME) for ensuring mental health, developmental disability, and substance abuse services (MH/DD/SA) in the Orange, Person, and Chatham Counties catchment area. John Link said that this amendment allows the three counties to effectively deconstruct the OPC area authority and construct the LME. The statutory language is very restrictive. The amendment gives the flexibility to carry out the process in a prudent and measured way. Commissioner Brown said that this is the most important thing the County has done since the State mandated how they had to get rid of most of their programs. This amendment allows the County to continue services as Orange County government until an agency can come forward to provide the same quality of services. Commissioner Halkiotis recognized Commissioner Brown's contributions in this area. There are significant challenges ahead that Commissioner Brown has been giving attention to over the years. Commissioner Gordon and Commissioner Carey echoed these sentiments. Commissioner Carey asked if this means that the LME can contract with OPC for area services after the end of the fiscal year. Assistant County Manager Gwen Harvey said that this is just a technical clarification and this amendment will allow OPC and the LME to act simultaneously. A lot of the important questions are yet to be answered by the new governing body of the LME. The business plan extends beyond the one year. The first year is for transition purposes only. John Link pointed out that there is flexibility in the amount of time for transition. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve the resolution, which is incorporated by reference, that amends the Interlocal Cooperation Agreement (ICA) that established the three-county public entity to serve as the Local Management Entity (LME) for ensuring mental health, developmental disability, and substance abuse services (MH/DD/SA) in the Orange, Person, and Chatham Counties catchment area. VOTE: UNANIMOUS 7. Special Presentations a. Orange County Arts Grant Recipients The Board presented checks to local artists and arts organizations receiving Orange County Arts Grants. The recipients are listed below: Grant Recipient ArtsCenter ArtsCenter Advocates, Inc. Carolina Union - UNC Performing Arts Series Chapel Hill Community Chorus Chapel Hill Museum Chapel Hill Public Arts Commission Deep Dish Theater Company Iris Thompson Chapman Hillsborough Elementary School Phoenix Miller Reps. Attending Oct. 5t" BOCC Meeting: Jon Wilner Mary Harley Kruter and Sandy Israelson Tracey Coppedge Jim Wright Traci Davenport Jeff Cohen John Allore Iris Thompson Chapman Cathleen Turner Phoenix Miller Paul M. Neebe Roger Petrich Occaneechi Band of the Saponi Nation Shawn Jeffries or Tony Hayes Orange County Artists Guild Louise Francke Mary Ruth Mary Ruth Karen L. Shelton Karen L. Shelton b. Transitional Steps in the Creation of an Animal Services Department/Bureau The Board received information on the analysis completed and actions underway to effect the creation of an Animal Services Department/Bureau by early 2005, should that be the decision of the Board. John Link said that last April the Board authorized the County to proceed to assume management of the Animal Shelter effective July 1St. At the April 20th meeting the Board did not make final decisions on the governance for animal services, but indicated that there should be a structure by which Animal Control and the Animal Shelter should be operated in one department or bureau. Since that time, Commissioner Carey has chaired the task force appointed by the Board that assisted the County staff in the operation of the shelter as well as the governance issues. Commissioner Carey commended the staff who worked with the transition of the shelter and also the task force. He thinks the transition has gone very well. The task force has some recommendations that will be shared with the Board. Although this task force will not immediately be sunset, the responsibility will be shifted to the advisory board, when it is appointed. Chair Jacobs said that he thought the task force would start talking about policies and procedures. Commissioner Carey said that they talked somewhat about policies and procedures because they reviewed the transitional document. He said that they were not sure whether this should be the responsibility of the current group or the new group. He hears that the new group is proposed to be operational by March 1St. He thinks this is too late. John Link said that staff has gone as far as they can until the Board has had a chance to respond. He made reference to the timetable on the last two pages of the agenda materials. John Link commended staff -Personnel Director Elaine Holmes, Assistant County Manager Gwen Harvey, Health Director Rosemary Summers, Finance Director Ken Chavious, Purchasing and Central Services Director Pam Jones, Todd Jones, and Shelter Director Joe Pulcinella, who has done a great job as shelter director and getting through the transition. Commissioner Halkiotis concurred with what Commissioner Carey said in that getting into March 2005 is too late to develop some of this. Animal issues excite people just as much as public school issues. He said that he has not heard anything negative about Joe Pulcinella, but he has heard grumblings from people that are getting impatient. He said that the community should have some input into the policies and procedures. He made reference to attachment 1, Proposed Animal Services Director, and said that this is a challenging position and they need to get rid of the perception that we are doing things the way they have always been done. Commissioner Carey said that the task force knows there is some unrest and people assume that things are the same. He said that the interim policies and procedures are different. He encouraged people to be patient because they want to build the best animal services program in the country. It will take a while to put in place because there is a transition process. He said that some of the members of the task force are looking forward to the formation of the advisory group so that they can have some input into the process. Assistant County Manager Gwen Harvey summarized the information in the agenda abstract. Department/Division vs. Bureau Staff or the task force did not recognize any material difference between the nomenclature, so the proposal is to ask the Board of County Commissioners to consider calling it a department. The department brings together two related, but independent functions - animal control and the animal shelter. Attachment 1 is the proposed job description for the Animal Services Director. Transfer of Animal Control Positions Employees would transfer organizationally from the Health Department to the new Animal Services Department. Attachment 2 explains the process involved. Rabies Control and Bit Management Operating Protocol Animal Control and Community Health division heads in the Health Department have drafted this protocol. The procedures go before the Board of Health later this month for consideration and adoption. Amendments to the Orange County Animal Control Ordinance County Attorney is reviewing this and will bring back any necessary amendments in February 2005. Advisory Board Attachment 3 is a draft composition of this advisory body. Organizational Alignment Attachment 4 is a draft of what the proposed department would look like Suggested Next Phase for the Animal Shelter Operations Task Force There is interest of the members of the task force on being considered as candidates for the permanent advisory board as well as some involvement in the design and process for the relocation of the animal shelter facility. Draft Plan and Timeline for Establishina the Animal Services Department and Completing Transition to the New Organization Attachment 5 is an updated Transition Timeline. Key Decisions Targeted for Consideration by the BOCC (Target date: November 3~d): - Approval to establish a new Animal Services Department effective March 1, 2005 - Approval to establish the Animal Services Director position effective January 1, 2005 - Approval to transfer Animal Control personnel, inventory, and assets from the Health Department to the Animal Services Department effective March 1, 2005 - Approval to create an Animal Services Advisory Board effective March 1, 2005 Chair Jacobs asked that the County Commissioners make suggestions in writing and have staff incorporate them for the November meeting instead of spending the time now. Commissioner Brown asked about draft procedures for setting up the advisory board. She said that the charge is good but she is confused about what authority the board has. She said that the terms of office should be on the same line as the County Commissioners' boards and commissions policies. She also would like to have some sort of provision that the County Commissioners would review the committees that are established. She asked if the committee would make the decision on the appeals for the dangerous dogs and if the Animal Control Director had any control. Geof Gledhill said that the decisions as to the dangerous dogs would be made by the Animal Control Director. If the dog owner is not satisfied with this determination, then the dog owner may appeal. This is on page 13. Commissioner Brown asked that this be cross- referenced. Commissioner Brown asked that it be stated that this board would use Robert's Rules of Order. She also asked if there would be any situation where this advisory board would go into a closed session. Geof Gledhill said that it would be possible, but he could not imagine a circumstance. Commissioner Brown said to clarify that no closed sessions should be used. On page 10, Rule 3-b, Commissioner Brown asked that the "particular documents connected with the items be made available at the meeting to all Board members" and citizens. Also, on Rule 4, "The Board shall determine at the meeting whether it will hear the individual or group and how much time to allot to each speaker." She said that there should always be a place for public comment. Also, on Rule 10, it should say that the meetings will be recorded on tape. Commissioner Gordon said that these procedures should be more standard procedures. There are some things that are not standard procedures. For example, Rule 3-a, the members should receive the agenda packet three working days before the meeting. Commissioner Gordon asked about the Animal Services Director's salary without benefits and Personnel Director Elaine Holmes said it is $56,634. Commissioner Gordon asked if the staff could accelerate this schedule at all. Geof Gledhill said that the hiring of the director position is guiding the calendar. John Link said that in terms of addressing citizen concerns and making a decision on how much additional work the Board would like the task force to do, he would suggest that the task force meet a couple of more times to address the major content issues of proceeding. Commissioner Gordon said that the task force and the advisory board should not co- exist. The task force should sunset on March 1St when the advisory board begins. Commissioner Carey agreed that the task force could meet a couple of more times to bring some finality to the policies and procedures. He said that on most of the timelines, he would add "no later than" to everything except the advisory board, so that it encourages the staff to get it done sooner if possible. For the advisory board, he would put a deadline of the first meeting in January. Chair Jacobs asked if the Board agreed with the structure - to have a new Animal Services department, to have an Animal Services Director position, and to transfer Animal Control to this department, to have an advisory board, and to ask staff to bring back revisions based on the comments (also future written comments). The Board agreed. 8. Public Hearings a. 2005 Revaluation -Schedule of Values The Board conducted a public hearing on the schedule of values for the 2005 real property revaluation. Rod Visser said that in January 2001 Orange County had revaluation on real property and another one takes effect January 2005. In North Carolina, real property revaluations are required to be conducted a minimum of every eight years, but in Orange County, it is done every four years. The subject of the public hearing is the schedule of values. Tax Assessor John Smith gave a PowerPoint presentation. Purpose of Revaluation: - Adjust values to market levels - Equalization Revaluation Process -Ongoing: Collection of Data - Site visitation and listing - Compiling of sales data - Reviewing Revaluation Process: - Develop schedule of values - Apply new land and building rates - Review: projected value compared to sales - Make adjustments John Smith said that with the application of the 2005 scheduled revaluation, most homeowners will see that their investment increases in value an average of 15-25% in the last four years. Residents within the city limits and in close proximity to Hillsborough and Chapel Hill will likely see higher than typical increases. In late December they will be mailing out the 2005 revaluation notices. Commissioner Halkiotis suggested using a more humble picture on the front of the handout. The house pictured on the front is huge and sends the wrong message. Commissioner Halkiotis said that somehow it skipped by him that in 2001-02, the General Assembly changed the basis upon which agricultural land rates are calculated. He would like more information on the use value. Commissioner Gordon said that she had the appraisal manual from John Smith that had a letter on top dated 1989 from the Secretary of the Property Tax Commission, and asked how to find the things that were new and from 1989. John Smith said that the schedule of values has been updated periodically. Most of it has remained the same. The same process is being used as in 1989 because it is effective. There was no public comment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS 9. Items for Decision--Regular Agenda b. Contract for Social Work Services Between Orange County Schools and Orange County Department of Social Services The Board considered a contract between the Orange County Schools and the Orange County Department of Social Services for the provision of four additional Department of Social Services positions to provide social work and case management services in the schools subject to final review by Staff and County Attorney. Social Services Director Nancy Coston said that they would like to work collaboratively with the Orange County Schools to help increase the number of social workers available. She spoke with both superintendents and the OCS were immediately interested in pursuing this. This item is a request to enter into a contract with the schools. This will help expand the number of social workers to help at-risk children and families. The employees would be on-site at the schools, and DSS would assist the schools with billing, etc. Any costs not covered by Medicaid would be billed to OCS, which they would pay with the funds that are already available to them. They think this will meet their mission of more preventative services and will not increase Orange County costs. OCS Superintendent Shirley Carraway said that this is a good opportunity for them and increases their capacity and maximizes their effort to be good stewards of the funds available. Commissioner Halkiotis said that Dr. Shirley Carraway has attended more Board of County Commissioners meetings in the short period of time that she has been here that all other superintendents ever did over a period of 30 years. A motion was made by Commissioner Brown, seconded by Commissioner Carey to approve a contract between the Orange County Schools and the Orange County Department of Social Services for the provision of four additional Department of Social Services positions to provide social work and case management services in the schools subject to final review by Staff and County Attorney. VOTE: UNANIMOUS Chair Jacobs said that the Board heard parents during the budget process identify this as an issue of concern. a. Request to Accept State Child Protective Services Funding for the Establishment of Two New Child Protective Services Social Worker Positions The Board considered accepting state funds for child protective services and establishing two new permanent full-time Child Protective Service Social Worker positions in the Department of Social Services effective October 5, 2004, with the funds. Nancy Coston said that Orange County and the Social Services Board and staff decided last year that they should join into the child welfare reform actions going on because it was a positive way to serve families. They were initially told that it would not require additional staff, but the research with the first 10 pilot counties found that this would not be true. The General Assembly appropriated funds in the last session to help with this. The counties that agreed to go into the reform received funding. Orange County received an allocation for two positions with full funding. There is no match required. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to accept state funds for child protective services and establishing two new permanent full time Child Protective Service Social Worker positions in the Department of Social Services effective October 5, 2004. VOTE: UNANIMOUS 10. Reports a. Status Resort -Jordan Lake Stakeholder Proiect/Nutrient Manaaement Strategy The Board was to receive a report on the ongoing Jordan Lake Stakeholder Project, which will yield a proposed Nutrient Management Strategy for the lake in late 2004 and provide comments to Staff as needed. DEFERRED 11. Closed Session-NONE 12. Adjournment A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adjourn the meeting at 10:26 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board