Loading...
HomeMy WebLinkAboutMinutes 01-21-2010 APPROVED 2/16/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING January 21, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, January 21, 2010 at 7:00 p.m. in the Central Orange Senior Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee and Commissioners Alice M. Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Willie Best 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. 1. Additions or Changes to the Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve adding item 4-o to the agenda — Change in BOCC Regular Meeting Schedule for 2010. VOTE: UNANIMOUS Rose sheet— additional item —4-0 — Change in BOCC Regular Meeting Schedule for 2010 Blue sheet— additional information for item 6-a — Dogging Deer Issue in Northern Orange County Aqua sheet—water levels Gold sheet— meeting follow-up items Lavender sheet— Interim report on Inmate labor Handout from Health Department—State of the County Health Report PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Lawrence Sanders spoke on behalf of the Boys and Girls Clubs of East Piedmont- Orange County Unit. He distributed a handout, which is incorporated by reference. He said that there is a site chosen and they are in the process of hiring a Director. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations a. Orange-Alamance Boundary Line Report The Board heard a report on recent developments in the settlement of the Orange- Alamance County Boundary Line location resolution and considered actions. Planning Director Craig Benedict said that progress has been made over the past few days. He said that staff wants to work closely with the Town of Mebane on this. On November 9, 2009, the Orange and Alamance County Commissioners held a joint meeting at Alamance Community College. There was consensus by both Boards to move forward with Option 2 (map 2), which varied the 1849 line, primarily along past taxing experiences by residents, businesses, and landowners. Thirty-nine percent of the `new' line would need to be surveyed or platted legal descriptions verified and 61% of the line would reflect the NCGS work done in 2008, which found some historical markers representing a `straight' north-south line. The vast majority of community representatives and the City of Mebane were in agreement with this option. (Please note that the Mill Creek Subdivision change as presented on November 9th is being suggested to revert back to an earlier version which does not change where people have experienced their taxing authority previously.) This Option 2 version would need to be presented to the NC Legislature for approval in this year's short session. On December 31, 2009, Alamance Commissioners passed a motion to support direction from Alamance staff to proceed towards drafting two resolutions to: 1) Recognize the NCGS line in its entirety (map 1), and 2) Layout procedures for deviation from NCGS line. These resolutions are anticipated to be brought to the Alamance County Board of Commissioners in January. A rudimentary petition process (i.e., applications to modify the line) was discussed on December 15, 2009 amongst staffs, but no determinations were made. Frank Clifton said that staff had looked at the Mill Creek area and there was one dead end street that they gave to Alamance County. PUBLIC COMMENT: Eddie Shoe spoke against the determined line. Everette Greene said that he has been helping the neighbors on his street that are being affected by this change. He said that in 1989, A&M Grill was in Alamance County, which was a dry county. The marker for the county was moved to the other side of A&M into Orange County, and it became a wet county. He distributed a handout with maps. He said that he does not believe that anyone has done due diligence on finding the markers for the line. He said that there are people that can help find these markers. He said that places on Ninth Street still are in Alamance County and they should not be. Commissioner Hemminger asked how this information could be incorporated and Craig Benedict said that in areas around Mebane, staff will be working with residents in that area. He said that they would take the deeds and help them work through this. Frank Clifton said that the major step would be to get both counties to agree on some legislative action that the delegations would adopt, which would give time to continue to research this process further. The legislature is the final voice on this issue. Commissioner Jacobs asked if there was agreement with the two counties and Frank Clifton said that there is agreement amongst the staff. Commissioner Jacobs asked if this line would reflect the 1849 boundary line. Frank Clifton said that both counties asked the state to do the survey work and he is sure that the state did not survey every inch of the line, but that is the state surveyed line. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve the Manager's Recommendation: 1. Continue to finalize an Orange-Alamance Boundary Line adjustment flowchart with Alamance officials; 2. Prepare for a discussion with Orange County's legislative delegation in February; 3. Advise the Alamance County Commissioners that a preferred approach is to agree on the line in segments where no/little confusion exists (61%) now and continue to seek concurrence on the areas where more complexity exists; and 4. Discuss with Alamance County officials the concept of employing contracted service to make appropriate GIS/Tax map modifications as needed to parcels impacting both County's records as a single project (sharing the costs accordingly). VOTE: UNANIMOUS b. Recommendations from the Human Relations Commission Concerning the "Secure Communities" Program in Orange County The Board received a report from the Human Relations Commission, based on a request from the BOCC, on the Department of Homeland Security's "Secure Communities" program and considered concrete suggestions to make program implementation as transparent and socially just as possible. Human Rights and Relations Director Shoshannah Sayers thanked all the community members who have come out. Marty Rosenbluth, from the Human Relations Commission, spoke about the four recommendations: 1. Create transparency in collection and dissemination of data relating to Secure Communities; 2. Institute grievance procedures similar to those contained in 287(g) agreements in order to give people affected by Secure Communities the same standard, codified due process rights as those affected by 287(g); 3. Ensure that all law enforcement agencies within Orange County are providing high- quality sensitivity and racial profiling education and training; and 4. Suggest that all Orange County law enforcement agencies adopt a policy of citation instead of arrest for minor traffic violations and other minor offenses. He spoke about some statistics and said that it is clear that the Secure Communities Program is not doing what it was intended to do. He said that the same figures are replicated on a national level. He said that the recommendations are trying to mitigate the damage caused to immigrant communities. Part of that is getting really good data from ICE. Their recommendations are trying to mitigate and to get information from ICE (Immigration and Customs Enforcement). Commissioner Nelson asked about the recommendation about instituting grievance procedures. He asked who would be creating these procedures. Marty Rosenbluth said that currently there is no procedure. Shoshannah Sayers said that the 287(g) has standardized grievance procedures and these could be modified. Chair Foushee asked about the recommendations 3 and 4 and asked if there was any consultation with other law enforcement agencies about this. Shoshannah Sayers said that she wanted to come to the BOCC first and the Sheriff's Department has been extremely helpful. PUBLIC COMMENT: Marianna Martinez made reference to the issue of no licenses and said that if this is implemented and ICE gets information and someone is stopped, then some people would get deported. She asked that they make sure these people only get a citation and not deported. She said that there are criminals that should be deported, but there are people who are here to work and live that do not deserve this. Commissioner Jacobs said that some of this may need to be vetted by the County Attorney. John Roberts said that he has looked at it and he can contact people in Washington, DC. He said that this program was issued with no regulations and it makes it hard for local communities to implement. He has tried to find out if local jurisdictions can opt out of the program, and he has had no answer. Commissioner Jacobs asked about recommendation #4, adopting a policy of citation versus arrest and he asked if the County could do this unilaterally. John Roberts said that the General Assembly determines what an arrestable offense is. He said that the County should not adopt this policy before getting an answer to this. He asked the Sheriff about the citation versus arrest. Sherriff Lindy Pendergrass said that the Sherriff's Department is doing the same thing with every motorist— if it is just an expired license, then there is a citation just like for any other citizen. Commissioner Jacobs said that, if this is the case, then there does not need to be a different policy. Commissioner Jacobs requested that staff forward this information to Congressman Price. He said that there is a lack of sensible federal immigration policy and this is not consistent with the values of Orange County. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to refer this to staff to bring back to a future meeting with analysis from the County Attorney and specifically to ask the Human Relations Commission to provide recommendations on the grievance procedures, and to include these issues on the legislative agenda for discussion on February 22nd Commissioner Jacobs made a friendly amendment to forward the data and the recommendations to Congressman Price. VOTE: UNANIMOUS 4. Consent Agenda A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from December 7 and 15, 2009 as submitted by the Clerk to the Board. b. Appointments — None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 27 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. An Amendment to Article IV, Section 9.5.2 of the Personnel Ordinance Related to Special Separation Allowance for Sworn Law Enforcement Officers The Board adopted an amendment to the Personnel Ordinance updating the provisions of the Special Separation Allowance awarded to retired Orange County sworn law enforcement officers that will bring the Personnel Ordinance into conformance with legislation passed by the General Assembly of North Carolina on July 31, 2009. e. Legal Consulting Services Agreement with Coleman, Gledhill, Hargrave & Peek, P.C. The Board approved an agreement for supplemental legal consulting services with Coleman, Gledhill, Hargrave and Peek, P.C. and authorized the Chair to sign. f. Agreement Renewal — Removal of Scrap Tires The Board approved an agreement renewal with Central Carolina Holdings, LLC of Cameron, North Carolina for the removal of scrap tires and authorized the Chair to sign. Lease/License Renewal Agreement—Alternate Daily Landfill Cover The Board approved the renewal of a license/lease agreement with Landfill Service Corporation to provide an alternative daily landfill cover material that, in accordance with State regulations, is sprayed on the working face of the landfill after each day of operation and authorized the Chair to sign. h. EMS Medical Director Agreement Renewal The Board renewed an agreement between Orange County and the University of North Carolina Department of Emergency Medicine for the medical direction of Orange County's Emergency Medical Services program, authorized the Chair to sign, and directed staff to proceed with the necessary budget actions to fund this agreement. i. Bid Award: Ambulances for Emergency Services This item was removed and placed at the end of the consent agenda for separate consideration. L Bid Award: In-Car Camera Systems for Sheriff's Department The Board awarded a bid to COBAN Technologies, Inc. of Stafford, Texas for the purchase of fifty (50) In-Car Video Camera Systems and Accessories for the Sheriff's Department at a cost of $295,700; authorized the Manager to sign; and authorized the AMPS Director to affect the purchase. k. Fiscal Year 2009-10 Budget Amendment #6 The Board approved budget, grant and capital project ordinance amendments for fiscal year 2009-10 for the Solid Waste Department, Department on Aging, Department of Social Services, Technical Amendments, Cooperative Extension, Health Department, and Emergency Services. I. Application for North Carolina Education Lottery Proceeds for Chapel Hill- Carrboro City Schools Projects and Approval of the Corresponding School Capital Project Ordinances The Board approved applications to the North Carolina Department of Public Instruction to release funds from Orange County's NC Education Lottery account for Chapel Hill-Carrboro City Schools projects, and approved the corresponding School Capital Project Ordinances and authorized the Chair to sign. m. Contract between the NC Department of Agriculture and Consumer Services and Orange County for 2009 Specialty Crops Block Grant Program — Enhancing Sustainable Specialty Crop Production in the Piedmont The Board approved a $20,000 contract with the NC Department of Agriculture and Consumer Services —2009 Specialty Crops Block Grant Program to support activities of the PLANT @ Breeze Farm Enterprise Incubator Program and authorized the Chair to sign, subject to County Attorney review. n. Board of Commissioners Meeting Calendar for Year 2010 This item was removed and placed at the end of the agenda for separate consideration. o. Proposed Changes in BOCC 2010 Meeting Calendar The Board amended its regular meeting calendar for 2010 by: - Adding a BOCC Mini Retreat on Friday, February 19, 2010 at Southern Human Services Center, from 9:00 a.m. to 1:00 p.m.; and - Adding a location for the February 22, 2010 BOCC Legislative Breakfast meeting , which will be held at the N. C. Botanical Gardens Education Center, Seminar Room, 100 Old Mason Farm Road, Chapel Hill, beginning at 8:00 a.m. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: i. Bid Award: Ambulances for Emergency Services The Board considered awarding a bid for the purchase of three ambulances to Excellence Incorporated of Madison, Alabama and to purchase additional safety and patient care equipment, approving funds up to $750,000 and authorizing Emergency Services and Asset Management and Purchasing Services to proceed with the purchase. Commissioner Jacobs asked if there were any staffing ramifications to add more vehicles to the fleet. Frank Clifton said that no staff would be added at this time. This item is just to replace older vehicles. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to approve the ongoing plan as proposed by Emergency Services and Asset Management and Purchasing Services to proceed with the immediate plan to purchase the three ambulances from Excellance, Inc.; and award the bid to Excellance, Inc. and authorize Emergency Services and Asset Management and Purchasing Services to proceed with the immediate plan to purchase the three ambulances from Excellance, Inc.; and approve funds up to $750,000 from the Emergency Services Reserve Capital Project, allocate this amount to the Emergency Services Department's capital budget section within the General Fund for the purchase, and approve the attached Capital Project Ordinance. VOTE: UNANIMOUS n. Board of Commissioners Meeting Calendar for Year 2010 The Board considered changing the location of Board of Commissioners' meetings from the Central Orange Senior Center in Hillsborough to the DSS Building (Department of Social Services Building), Hillsborough Commons, Hillsborough, starting March 2, 2010. Commissioner Jacobs said that he has some concerns about making a 10-month commitment to move to a room that he has never seen and in which the Board of County Commissioners has never had a meeting. He suggested that, before a long-term commitment is made, that there be a meeting in the room to see how it works. Commissioner Yuhasz agreed and suggested having two or three meetings in the room and see how it goes. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to hold the Board of County Commissioners' meetings at the Hillsborough Commons for the first meetings in March and April before making a decision. VOTE: UNANIMOUS 5. Public Hearings-NONE 6. Regular Agenda a. Dogging Deer Issue in Northern Orange County The Board received findings and conclusions and considered the next steps regarding the practice of using dogs to hunt deer in northern Orange County. Assistant County Manager Gwen Harvey said that "Dogging Deer" is the practice whereby deer hunters use dogs to chase the quarry in order to facilitate the kill. Dogging deer has been prohibited in that portion of Orange County lying south of 1-85 since 1979 when the General Assembly adopted NC General Statute 113-291.5. No hard evidence exists as to why this occurred when it did, why the line was drawn the way it was, or if it were preceded by any local debate or special request. Law enforcement speculates the action emerged due to changes in the urban environment and community culture. State approval is required for the BOCC to take similar action on the portion of the County lying north of 1-85; i.e., to ban dogging deer completely throughout Orange County. The County already has a requirement for written permission by the owner to allow hunting to occur on private property. The BOCC expressed an interest last winter in taking action to ban the practice in northern Orange County as part of its package of legislative requests to the local delegation for the 2009 session of the General Assembly. The idea was tentatively raised when the BOCC met with legislative leaders and in the discussion learned several had already been contacted by private property owners. The decision was made to withhold pursuing legislation then in order to provide time and opportunity for dialog among the stakeholders. The BOCC is scheduled to meet with the local delegation on February 22, 2010. As in the past several years, the BOCC previews its legislative requests with the delegation, schedules a formal hearing to allow public comment on its proposed legislative agenda, and authorizes the County Attorney to draft and submit any proposed legislation to the local sponsors by the required due dates. The BOCC is tentatively scheduled to receive public comment on its proposed legislative agenda on either February 2 or February 16. During fall 2009, Orange County staff held two "listening sessions" to receive input and information from vocal and active representatives on both sides of the issue from northern Orange County. These sessions were supported and assisted by officers from the NC Wildlife Resources Commission (NCWRC). The resulting reports were submitted previously to the BOCC as information items and are again attached. Staff has also prepared and attached two maps depicting the population density in northern Orange and locations of contiguous acreage arguably considered "optimal" for hunting deer with the aid of dogs. The County Staff Attorney has also provided the attached report on means within the County control of addressing the issue locally. A summary of findings and conclusions from the two listening sessions are provided below: • Changing demographics and differing community perspectives have produced opportunities for deer hunters using dogs and private property owners to clash more frequently; heightened the importance of continuous public risk assessment; and fostered a need to re-evaluate local deer hunting customs. • Representative deer hunters and private property owners are organized and active in stating opinions and objections. The Caldwell Hunting Club, for example, asserts how through a 30 year tradition it has adapted to ensure safe and responsible behavior among its membership and to demonstrate respect for the community by giving back through charitable service. Private property owners cite numerous illustrations and incidents of trespass, rude and intimidating behavior, disturbing the peace, threats to public safety, and general incompatibility with population and property patterns. • Dogging deer has been banned in adjacent Alamance and Durham counties. Dogging deer proponents argue those bans brought unscrupulous hunters from the outside into Orange County who disrespected law and etiquette, and caused crop damage for local farmers due to deer overpopulation. Opponents argue the bans were a result of increased urbanization and community adaptation for safety reasons. • Except in instances of large tracts under single ownership (estimated from 200-1200 acres) , no practical way exists to prevent a deer dog on the hunt from physically crossing property for which there is no permission by the property owner to allow hunting. Neither is there technology available to the hunter to direct or deter the dog during the chase. • Local laws currently available — the required written permission by the owner to hunt on private property (Sheriff's Department) and the nuisance animal control citation (Animal Services) for hunters whose dogs are caught or left behind on private property — are not deemed to provide the "blanket" protection some seek. (Note: Anson, Gate and Moore counties have obtained State approval to compel additional requirements/restrictions about hunting deer with dogs; i.e., requiring the dog to wear a collar identifying the name and address of the owner.) • NC Wildlife Resources officials are short staffed and hard pressed to respond sufficiently to counter or apprehend perceived or actual trespassers. • Law enforcement has found it difficult to precisely quantify the extent of the problem out in the field since situations may arise and dissipate before they arrive on the scene, incidents may simply go unreported, and individuals may be fearful of calling attention to complaints or having to testify in court. • Criticism and objections were directed towards using dogs to hunt deer, not towards using dogs to hunt other wildlife such as rabbits or game birds. • The central deer season with gun hunting allowed in Orange County for 2009 was November 15, 2009 — January 1, 2010. Any regulatory action authorized by the General Assembly for Orange County in 2010 could be implemented and effective no sooner than for the 2010 deer season. The NCWRC survey queried landowners on their opinions of deer and the deer population, problems with deer, hunting of deer on land, management of deer on land, other opinions on deer hunting regulations, and overall participation in outdoor activities. Survey results most applicable to the dogging deer issue before the BOCC are detailed below: • Ninety-three percent approved of legal, regulated hunting. • Ninety-two percent agreed that written permission from the landowner should be required to hunt on private land. • Top four reasons cited for not allowing others beyond the landowner or immediate household to hunt on the land were — concern about a hunter injuring another person on the property (66%), concern about trespassing on their property (64%), concern about liability (59%), and thinking that the property was too small for deer hunting (55%). • Landowners with tracts from 5-20 acres were more likely to agree their property was too small than those with more than 20 acres. • Fifty-percent of the landowners strongly disagreed with the statement, "Hunting deer with dogs should be legal in North Carolina", and 61 percent moderately or strongly disagreed. Only 15% strongly agreed with the statement. The recommendations are that the BOCC receive the presentation and background materials as submitted; receive any public comments per usual for a regular agenda item; and take action as it may deem appropriate. Options include: 1) Approve seeking legislative authority to adopt a local ordinance that would ban "dogging deer" in northern Orange County and include the request within its 2010 proposed legislative agenda. 2) Defer seeking legislative authority to adopt a local ordinance in the 2010 session. 3) Create further opportunity for open discussion on this issue among interested members of the public. 4) Other, as determined by the Board of County Commissioners. Commissioner Hemminger said that a citizen sent an email that only 10 states allow this practice and she asked staff about this. Staff is not aware of this and Assistant County Manager Gwen Harvey said that she would find out that information. PUBLIC COMMENT: Jennifer Honeycutt said that she is a resident of northern Orange County and she would like the County Commissioners to ban this in northern Orange County because of safety concerns, property rights, and peace and quiet. She said that land abutting their land is leased to deer hunters each year and they hear dogs running through their property and they hear shooting all the time. She said that she tries to keep her pets confined, but her dog got out and was shot. She said that Orange County does not protect her property rights. She has had deer and dog problems and she would like this banned. She also has grandchildren that play on her property. David Honeycutt said that he has had confrontations with deer hunters who have threatened him on his own property. He said that the hunting clubs claim that they use GPS collars on their dogs, but this does not help. He said that the dogs chase the deer no matter what. He asked why the dogs are not an extension of the hunter. He said that he is tired of these dogs causing damage to his property at his expense. He said that his children are scared to go outside because of the hunters. He asked the County Commissioners to stop the deer dog hunting. Charles Treis spoke against dogging deer. He said that the deer hunters this year have threatened property hunters. He said that this is the Triad Hunting club and ever since they came in and leased property in this area, the process has gone south. He said that there are too many hunters in one spot and most of these hunters do not live in Orange County. He said that this group has ruined hunting for everyone. Earl Brown was representing the farming industry and the Caldwell Hunting Club. He made reference to the survey and said that only 59 people were surveyed in Orange County. He made reference to the maps in their packets and said that there is no population concentrated around the Caldwell community. He said that the hunting season is over now. He asked the County Commissioners not to ban deer dogging. Mike Laws said that he knows about dogs and horses, and there is more trouble with coyotes than dogs. He asked the County Commissioners to let them hunt the deer population, because the area will be overrun by them otherwise. He said that running with hounds is not a big deal. He said that there are 700 people that come to Caldwell the first part of March for a meal to show their appreciation for the deer hunters. He said that hunting is not illegal and it is their right to hunt. Chris Cole is a resident of Orange County and he is a hunter. He said that he no longer hunts in Orange County due to the dogs. He hunts in Durham County now. Richard Lockamy is a landowner in northern Orange County and a hunter. He said that he is against dogging deer. He leases land in another county to hunt because of these deer hunters with dogs in Orange County. He said that hunters cannot control where dogs run. Steve Graf said that dog hunting with deer does not control the deer population because dog hunters displace other hunters that do not hunt with dogs. He said that one big concern is property rights since his rights are not respected by dog hunters. He has had problems with the Caldwell and the Triad hunting clubs since both clubs run dogs on this property, and he is in support of the ban. Susan Walser distributed a handout. - Susan Walser, speaking for Orange County Voice and as a long-time hunter and supporter of gun and hunting rights. - First, we'd like to thank Gwen Harvey for her work in organizing community dog deer hunting meetings over the past few months. o We believe that meetings between the County and its citizens are an important way to provide ideas and feedback on issues. o They seem to be a much more effective way of communicating than 3- minute comments to the Board. o We hope to see more of this kind of engagement with the community in the future. - Second, Orange County Voice supports a countywide ban on dog deer hunting — initially through a county ordinance, and ultimately approved by the state legislature — before hunting season begins later this year. o As you know, dog deer hunting is already banned south of 1-40 in Orange County, and was banned many years ago in both Durham and Alamance Counties — in 2001 and 1979, respectively. o Northern Orange County has become too densely populated to safely dog deer hunt without impacting the property rights of land owners. o As you can tell from the County reports you've received tonight, protecting property owners from dog deer hunters is impractical for both law enforcement and animal control, and it's also difficult in these tight budget times. o In addition to the impact on property rights, residents are concerned for their safety: • They don't like unknown hunters near their homes, families and pets • Hunting from the road, and discharging firearms in the right-of-way is an illegal and dangerous practice that should be stopped. - Our position respects the rights of citizens to hunt in Orange County and the broader need to manage the deer population. - We acknowledge the need to manage or cull the deer population in the county, not only for safety, public health, and property concerns, but also for the deer's health and feeding needs. There are ways to effectively manage the deer population, but dog deer hunting is not one of them. - Our research indicates that dog deer hunting has been a nuisance to residents for a long time. Tonight there is a great deal of enthusiasm for the Board's willingness to consider a ban. - We respectfully ask the Board to ban dog deer hunting in Orange County. Thank you Zach Blevins thanked Assistant County Manager Gwen Harvey for the work she did on this issue and he said that he is 100% in favor of banning deer dog hunting in Orange County. He said that many people are not here tonight that want the ban and he is in complete agreement with the email that the County Commissioners received. Tamara Matheson is from the Carrboro and Chapel Hill area and she is in support of the ban on dog deer hunting. She reiterated that 61% of the people on the survey are strongly opposed to the idea of having legal hunting of deer with dogs. She said that it would be next to impossible to regulate the hunting of deer with dogs because there is no guarantee that dogs will not cross into private land. She continued to speak about the difficulty of regulating this practice. She thinks that this is dangerous for motorists because of the risk of dogs and deer running into the road. Stephanie Wilson lives in Chapel Hill and said that she commutes every day to Hillsborough. She is in favor of banning the hunting of deer with dogs. She said that it is very dangerous for motorists. She is in fear of a deer, a hunter, or a dog running across the road while she is commuting with her child. Mark Chapman said that he is a lifetime resident of Orange County and is one of the biggest dog hunters in Orange County. He made reference to land and said that he starts at the line of the Hillsborough town limits all the way up Cedar Grove Road and continuing to NC 86, then on to Schley Road to NC 57. He said that no one has gotten a ticket from hunting from the road from his group. He said that the Triad Sportsman's Club has caused most of these problems. He pays $100 a year for a permit to be able to hunt in Orange County. He said that the members of the Triad Sportsman's Club do not live in Orange County. Commissioner Nelson thanked everyone for speaking tonight and their participation in the planning groups. He said that the County Commissioners really do not have a choice because there is a problem. A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve the Manager's Recommendation to: Receive the presentation of findings, conclusions and background materials as submitted; receive any public comments per usual for a regular agenda item; and take action on the following option: 1) Approve seeking legislative authority to adopt a local ordinance that would ban "dogging deer" in northern Orange County and include the request within its 2010 proposed legislative agenda. Commissioner Jacobs pointed out page 21, which is a list of requirements in Orange County for hunting and that it is unlawful to hunt while under the influence of alcohol or other impairing substances. He said that this is not stipulated as against the law in North Carolina and Orange County had to go to the legislature and get special legislative authority. He said that there are a lot of people in the County that are responsible hunters. He does sympathize with people that are trying to be responsible, but it is not possible for Orange County to differentiate between hunters from Orange County and other counties and between dogs from Orange County and other counties. He said that people's privacy rights are being restricted because some people violated the spirit and the letter of the law. Commissioner Yuhasz said that this practice started when it was universally accepted, but times have changed. He said that the number of people who do not want hunting on their land outnumbers the ones that do. VOTE: UNANIMOUS Commissioner Yuhasz made reference to the specific recommended act, "it shall be unlawful to allow dogs to chase deer." He suggested tightening this up for people that are not actually hunting. For example, he has dogs that he has encouraged to chase deer away from his plants. Frank Clifton said that staff would put something forward to the legislature. b. Amendments to the EMS Franchise Agreement entitled "An Ordinance Regulating Emergency Medical, First Responder and Rescue Service and Granting of Franchise and Contracts to the Operators In the County of Orange" The Board considered approving amendments to the EMS Franchise Ordinance entitled, "An Ordinance Regulating Ambulance and Emergency Medical, First Responder and Rescue Services and Granting of Franchise and Contracts to the Operators In the County of Orange" and authorizing the Chair to sign. Emergency Services Director Frank Montes de Oca said that this ordinance started in 1981 and has not been updated since 1993. PUBLIC COMMENT: Syd Alexander is an attorney and he spoke on behalf of South Orange Rescue Squad. He said that the South Orange Rescue Squad is in agreement with the amendments. He presented a letter, which is incorporated by reference. He said that South Orange is applying for a renewal of the franchise agreement. Fred Stipe is the Chairman of the Board of Directors of South Orange Rescue Squad. He said that South Orange supports the ordinance as amended; and they are working with Orange County Emergency Services to apply for the new franchise agreement. South Orange is an all-volunteer program and it provides services at no cost to the County government. There is a very small stipend for providing dispatch in Carrboro. Peter Hallenbeck is the Assistant Chief at the Efland Volunteer Fire Department. He said that Efland Fire Department just became aware of this document less than a week ago. He asked the County Commissioners to delay action on this until they have had time to review the document, clarify things, and provide written comment. Tony Blake is Vice President of the Board of White Cross Fire Department. He said that White Cross is very concerned about this ordinance. One concern is the peer review group and the Emergency Services Chief being the sole liaison. He is also concerned that the board is being set up to set the boundaries of the districts because the fire districts are controlled by the State. If the ambulance and the first responder districts were changed to conflict with the existing fire districts, there would be confusion. In general, he agrees with Efland's concerns and he would like to have more time to review this. Jeremy Browner is the Attorney for Orange County Rescue Squad. He said that he came to the Board of County Commissioners on December 7, 2009 stating opposition to this ordinance and he would like to continue the opposition to this ordinance. He said that the Orange County Rescue Squad wishes to oppose the current composition of the advisory committee because it should be chaired by a Commissioner and not the Emergency Services Director. It should also have a representative from the Orange County Chief's Council and someone from EMS. In addition, he said that Orange County Rescue Squad would like more due process requirements, such as evidentiary hearings, cross-examination of adverse witnesses, and the right to inspect documents. Earl McKee is President of Caldwell Fire Department. He said that all interested parties should have been involved to give their review before it went into effect. He said that this document was only given to the two rescue squads. His main concern is that this ordinance is unclear about rescue services and first responders. He requested that the Board of County Commissioners delay action until all parties have reviewed this. Commissioner Pelissier asked if letters were sent to all franchisees and Annette Moore said that all of the franchises were notified in December. Commissioner Pelissier asked about the timetable. Annette Moore said that the franchises are set to expire at the end of March. She said that there has been a concern about whether fire departments are implicated by this ordinance and they are not. This is for people that are in business providing rescue services, first responder medical services, and emergency services. She said that this is not for fire departments. Commissioner Hemminger asked about the committee and if it has to be a part of this document. Staff Attorney Annette Moore said that there are two different committees. One is a peer review committee and this is by statute. The advisory committees are set up to review any action taken by the Director and it provides an opportunity to be heard if there is a grievance. Commissioner Hemminger made reference to page 12 and said to change that to written notice in 7.2. John Roberts made reference to the due process and said that this is not a court of law and this is an administrative process. He said that he is comfortable with the due process of this ordinance. Commissioner Jacobs said that he would like the answers from staff in writing and to the challenges in writing. He wants this to be memorialized in a written document that this does not refer to fire departments and the attorney would advise how the due process would take place. He would like to be clear before moving forward on this item. Frank Clifton said that they would need to advertise the extension of the franchises and start the process now. He said that there are two agencies in Orange County that provide these services and the County has had problems with one of the agencies. He said that the issues have evolved from other issues outside of the ordinance. Syd Alexander said that the reason South Orange went ahead and applied for the franchise is because of the timing. Commissioner Pelissier suggested approving this tonight and writing a letter to all fire districts and clarify what does not apply. Frank Clifton agreed and said that they could write a letter and have a meeting with all of the fire districts. He said that Orange County needs these services and there is significant public liability. Chair Foushee agreed with Commissioner Pelissier. Commissioner Nelson said that he would prefer to hold off on this item because of the concerns that were expressed. Commissioner Jacobs asked if there was someone to address having a period of comment and still get this done by the deadline. Annette Moore said that what they are doing is required by statute and they need a public hearing to do this. She said that the public hearing and the discussion would be on the same day. The group would not be able to listen to the comments and come back and change the application based upon what is said. John Roberts said that if the Board of County Commissioners votes to pass this ordinance with less than a unanimous vote, the process continues, but the Board has to revisit it at the next meeting. Commissioner Yuhasz said that the distinction between first responders and fire departments acting as first responders is real but not apparent. He said that the emphasis on that difference does make this a different ordinance. He said that it makes it easier to move forward, but he still wants to address the fire departments' concerns. Annette Moore said that this can be clarified and the Board can pass this ordinance and then bring back an amendment that excludes the fire departments. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to adopt the amendments to "An Ordinance Regulating Ambulance and Emergency Medical, First Responder and Rescue Services and Granting of Franchise and Contracts to the Operators in the County of Orange" effective and authorize the Chair to sign the EMS Franchise Ordinance as amended. The amendments to the EMS Franchise Ordinance will be effective upon signature by the Chair. Commissioner Nelson said that when this comes back, he would like to address questions raised about subordinates and the peer review committee. VOTE: Ayes, 6; No, 1 (Commissioner Nelson) c. County Support for Town of Hillsborough Wayfinding Signage Plan The Board reviewed and considered expressing support for the Town of Hillsborough's Wayfinding Signage Plan; and considered a funding request from the Town to support implementation of the Plan in order to pay for signs at county owned buildings. Stephanie Trueblood from the Town of Hillsborough made a PowerPoint presentation. WAYFINDING SIGNAGE PLAN Presentation to the Orange County Board of County Commissioners Background Wayfinding Purpose: To plan, design, implement, and maintain a system of destination and directional signage to guide visitors to primary and secondary attractions in Hillsborough. Task Force: • Alliance for Historic Hillsborough • Chamber of Commerce • Churton Street Corridor Task Force • Durham Technical Community College • Hillsborough Board of Commissioners • Hillsborough Resident • Hillsborough Tourism Board • Orange County Key Destinations Primary Destinations (3): Historic Downtown, Visitors' Center, Government Offices Trailblazing signs (7) are located at major interchanges. Secondary Destinations (34): Police Stations, Government Offices, Public Library, Museum, Historic Sites, Public Parks, Cemeteries, Natural Areas, Sports Facilities, etc. Proximity signs (37) indicate where a turn is necessary before a secondary destination. Destinations Town of Hillsborough Cates Creek Park Cates Creek Greenway Transit Historic Downtown Town Annex Town Hall Campus Police Substation Gold Park Riverwalk Orange County Social Services Health Department SportsPlex Senior Center County Campus West Library Courthouse County Campus East Public Market House Occoneechee Village Link Center Board of Elections Fairview Park Whitted Building Non Profit/ Other Durham Technical Community College UNC Hospital (Future) Historical Museum Burwell School HYAA Ball Fields Speedway Trail Visitor's Center Occoneechee Mountain Train Station (Future) Costs • Total costs: $312,200 • Design Costs: $41,000 (paid) • Estimated Costs of Implementation Phase: $271,200 • Percentage of destinations that are Orange County destinations: 46% • Percentage of total costs associated with Orange County Destinations: 18% • Costs associated with Orange County directional panels: $47,661 Results • Sign clutter will be reduced • 29 uncoordinated directional signs removed • 68 new directional (37) and destination (31) signs installed • 26 additional destinations identified • Parking will be easy to find • Sign design will be consistent • The character of the town will be enhanced • Key historic, natural, and institutional destinations will be easy to find Commissioner Pelissier made reference to the public parking at the new Library and how this would fit in. She said that citizens are not happy about having to pay for parking for the Library. Frank Clifton said that this is private property. It was answered that all parking lots would be recognizable. Commissioner Gordon asked why Frank Clifton did not suggest that this support be stated as support in concept rather than the way it is stated in his recommendation. Frank Clifton said that the Manager's Recommendation is to support the project and to recognize the costs associated with it. The issue is whether it is done all in one year or in four years, and that will be discussed and decided during the budget process. He noted that the county has supported sharing the cost of the sidewalk near the new office building and library. Commissioner Nelson said that he views the sidewalk issue as significantly different. He said that it is not clear that this Board has a policy about participating financially with the Towns. He said that Orange County seems to treat each town differently. If the County pursues this, he wants the letter to not set unrealistic expectations. He is not committed to spending $48,000 for signs when they may have to cut safety net programs, etc. He wants the communication sent to Hillsborough to be very clear in terms of expectations. Commissioner Yuhasz agreed that the County needs to be careful with how it spends its money, but if the County is going to provide services, then it needs to provide directions to its facilities. He said that, in order to be a good citizen to the Town, the County Commissioners need to commit to those things that will enhance the Town. He is in favor of making the commitment, but the timing of the payments would be the main concern. Commissioner Jacobs asked about the Town of Hillsborough's timetable. Stephanie Trueblood said that it may include one or two budget cycles. Frank Clifton said that, in his discussions with the Town Manager, they discussed spreading the town's expenditures out over two budget cycles. The Town will front the money. Commissioner Jacobs said that he agreed with Commissioner Nelson's concerns about treating all towns the same and there is not a policy or clarity with how to do this. He believes that he can support a recommendation that says the County can repay, but with no commitment as to when and what. Commissioner Gordon said that she understands Commissioner Nelson's concerns, and shares them, but the Manager said that this would not be committing to funding this year or at any specific time. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to approve the Manager's recommendation to express the County's support for the Wayfinding Signage Plan and thank the Town of Hillsborough for its work on the project and authorize the Manager to send a letter of response to the Town expressing the County's support for the Plan and indicating that the County Board of Commissioners will include the funding request in its FY 2010-11 budget discussions with plans to allocate the requested funds subject to those discussions and decisions. Commissioner Nelson said that he would vote against this because the Board is committing to something outside of the budget process. VOTE: Ayes, 6; No, 1 (Commissioner Nelson) b. Reallocation of Space at the Whitted Building The Board considered endorsing the Manager's recommended reallocation of space within the Whitted Building. Pam Jones said that the County has new facilities opening and that leaves a significant portion of building vacant. The Manager's recommendation is that space within the Whitted Building be reallocated as follows: 1. Basement level of Building A will be allocated for use by the Health Department (see attached drawing #1). This reallocation of space will enable the Health Department to develop clinic space to meet operational space requirements for the next three to five years, pending future decisions relative to the Hillsborough Commons project. The Health Director has expressed an interest in moving medical clinical services to the expansion area, thereby providing some much needed expansion area for the Dental Clinic. Dental Clinic expansion in Hillsborough would allow the County to release the leased space in Carr Mill Mall by the expiration of the lease in 2010. Pam Jones noted that consolidation of the dental program in Hillsborough would allow the County to save money required for the lease. OPC Mental Health contractors currently occupying space on this level will be encouraged to seek alternative arrangements in order to allow the orderly development of clinic space on the lower level. 2. Offices on the second level of Building B will be allocated for use by the Housing and Community Development Offices (see attached drawing #4) and will provide sufficient operational space, pending future decisions on space at Hillsborough Commons. The records room previously used by the Department of Social Services (DSS) will remain intact and assigned to DSS at this time. Some offices will remain unallocated on this floor pending future Manager recommended relocations. 3. As proposed, the second and third levels of Building A will be allocated to Orange County Schools Administration (see attached drawings #2 and #3). As Commissioners will note from the attached correspondence use of the Whitted space by the Board of Education will allow the school system to consolidate administrative staff currently housed at four school sites. This will in turn allow the repurposing of approximately 14 classrooms (approximately 14,700 square feet) for instructional use. Frank Clifton made reference to the dental clinic in Carrboro and said that this will just provide space when and if the Health Department needs it in the future. There will also be space for the Public Defender's Office. Commissioner Gordon said that she does have concerns about closing the dental clinic at Carr Mill Mall, which serves the Chapel Hill- Carrboro area. She thinks it is important to go on record as saying that no decision is being made at this time to close the clinic, before alternate space can be provided elsewhere in the Chapel Hill-Carrboro area at the Southern Human Services Center as planned. She generally supports the Manager's recommendation, but she would like to ask staff to bring back the decision on the dental clinic in a separate agenda item so the public will have time to discuss it. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to approve the Manager's recommendation, but with the following items to be brought back as an agenda item before action is taken on the dental clinic: (1) Guiding principles for delivery of Health, Dental, and Social Services, including the dual service model, as well as a long range plan for delivering those services. (2) Until the County Commissioners get this information, the Commissioners will not endorse the closure of the dental clinic at Carr Mill Mall nor the expenditure of funds for the expansion of the dental clinic in Hillsborough. Commissioner Jacobs agreed with the sentiment of Commissioner Gordon and he found this item confusing, because in approving Hillsborough Commons, the Board affirmed a dual-service model. He said that Commissioner Gordon defers too much in the motion. He said that Orange County has a CIP, which includes a dental clinic at Southern Human Services Center. The Board has already made decisions related to this item. Regarding the Heritage Center, the Board has not decided anything about it. He does not know where this information from staff is coming from. Also, people from the arts community had asked to make a proposal about the use of this building, and he does not think that this group has been given a chance to be heard. Commissioner Jacobs requested OCS Superintendent Patrick Rhodes to come forward so that he could ask some questions. Commissioner Jacobs asked Patrick Rhodes if OCS would be amenable with having conversations with members of the arts community about sharing this space for performances and Patrick Rhodes said yes. Commissioner Jacobs said that he is comfortable with this because he trusts the school system. Commissioner Jacobs said that there have been some issues before about charging KidsCope for the learning center. The County Commissioners help to subsidize KidsCope as part of the mess of mental health reform. He asked if the school board could reconsider the rates that are being charged to KidsCope. Patrick Rhodes said that the school board sets those rates, and he will bring it forth. Commissioner Gordon said that she is supportive of allowing this space to be shared with the school system and other groups. Commissioner Hemminger asked about the parking for the building and Pam Jones said that the parking should be sufficient for the uses of the building. Commissioner Jacobs asked if the school system was going to keep its current building and Patrick Rhodes said yes. The space study that was done a few years ago recommended more space for the school system staff. Commissioner Yuhasz said that his recollection is that the Board of Health, in the last budget cycle, very reluctantly agreed to close the dental clinic at Carr Mill as a result of budget constraints. While it was not done because of the lease situation, it is still a possibility. Commissioner Gordon said that she thinks that the County needs a written policy for the guiding principles and long-range plan for the delivery of services. After there is a written policy, then there can be a decision. She said that her motion does not preclude further discussion about the location of the dental clinic, and just indicates that we are not going to take action on it tonight. Frank Clifton said that if the Board wants to exclude the dental clinic then it can. The County is paying a premium price for this property now. He would like to explore other locations that are less expensive. He said that his only concern with the motion is that it specifies the location as being Carr Mill Mall, and he would like to be able to look for other suitable space in the Chapel Hill- Carrboro area. Based on the manager's suggestion, Commissioner Gordon amended her motion to state that the Commissioners are not endorsing the closure of the dental clinic at Carr Mill Mall until a suitable alternate space is obtained in the Chapel Hill- Carrboro area. Health Director Rosemary Summers said that the Health Department is ok with this interim plan. She said that it is challenging because the space in Carrboro is only open two days a week. She said that it is difficult to maintain a stable population of patients because they cannot get an appointment with the limited hours. Unless services can be expanded significantly at the Southern location to accommodate additional patients, then they will lose the population base there. She said that Carr Mill is mainly serving uninsured patients, which is eroding the financial base to provide the services. She said that moving the entire operation to the Whitted Center gives us a chance to test out the model of transporting patients by the bus service and maintain the percentage of income. Commissioner Gordon said that this sounds like a consolidation of services in Hillsborough and she cannot support that. She hopes that the Board will vote for her motion and not take definitive action tonight on the dental clinic. Commissioner Pelissier said that this would not be a definitive decision, except for the schools. Rosemary Summers said that the real need for the Health Department is for the personal health clinic. Commissioner Yuhasz said that this situation has been complicated with the motion. He is in favor of approving the additional space for the schools and the Health Department, but he is not in favor of making a commitment to an ongoing dental clinic in an area where it may not be effective. Commissioner Hemminger agreed and said that the motion was too confusing and she does not want to hold up the process of the rest of the Health Department moving. She asked that the dental clinic be uncoupled from the motion. Commissioner Jacobs suggested taking out the last sentence under#1 in the abstract. A substitute motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to: Reallocate space within the Whitted Building as follows: 1. Basement level of Building A will be allocated for use by the Health Department (see attached drawing #1). This reallocation of space will enable the Health Department to develop clinic space to meet operational space requirements for the next three to five years, pending future decisions relative to the Hillsborough Commons project. The Health Director has expressed an interest in moving medical clinical services to the expansion area, thereby providing some much needed expansion area for the Dental Clinic. (last sentence was removed by Commissioner Jacobs) OPC Mental Health contractors currently occupying space on this level will be encouraged to seek alternative arrangements in order to allow the orderly development of clinic space on the lower level. 2. Offices on the second level of Building B will be allocated for use by the Housing and Community Development Offices (see attached drawing #4) and will provide sufficient operational space, pending future decisions on space at Hillsborough Commons. The records room previously used by the Department of Social Services (DSS) will remain intact and assigned to DSS at this time. Some offices will remain unallocated on this floor pending future Manager recommended relocations. 3. As proposed, the second and third levels of Building A will be allocated to Orange County Schools Administration (see attached drawings #2 and #3). As Commissioners will note from the attached correspondence, use of the Whitted space by the Board of Education will allow the school system to consolidate administrative staff currently housed at four school sites. This will in turn allow the repurposing of approximately 14 classrooms (approximately 14,700 square feet) for instructional use. Commissioner Jacobs said that he would still like to say that the County Commissioners support the dual-service model, without getting into the specifics of what space will be employed. Commissioner Gordon said that, with her motion, everything would go forward except the dental clinic decision would be deferred. VOTE: Ayes, 6; No, 1 (Commissioner Gordon) A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to request that staff come back with an articulation in writing of the dual-service model for Orange County services. VOTE: UNANIMOUS d. Buckhorn — Mebane Economic Development District Phase 2 Utility Concept Plan and Design Proposal The Board considered a utility concept plan report and design proposal in the Buckhorn-Mebane Economic Development District Corridor and directing staff to bring back recommendations. Craig Benedict said that on October 19, 2009, there was an overview of what was happening in the Efland area and the north Buckhorn area. At that meeting, the County Commissioners said that this area is not part of the utility system that Gravelly Hill Middle School is in. He said that he was going to explain a master utility infrastructure plan. He explained this using a map. Phase I is Gravelly Hill Middle School (67 acres) and Eurosport Soccer Complex (33 acres). In order to develop the remainder of the area, there have to be utility facilities in this area. Part of Phase II would be to update the lift station and send a new force main 20,000 linear feet down to a lift station. Phase III would be north of the interstate. The recommendation is to authorize the County to do a Request for Proposal for design work to design a gravity sewer system, a force main to connect to the regional lift station, and to do a water main extension up Buckhorn Road. Commissioner Nelson said that in the future he would like it to be spelled out exactly what the money will be used for. Commissioner Jacobs asked if the County has addressed water and sewer for the People for Progress and Craig Benedict said that the sewer is part of the North Buckhorn EPA Grant that is in the review process. This item would help with the water system there. Commissioner Jacobs asked that this be mentioned any time a presentation is made on this area because a commitment was made to this community. PUBLIC COMMENT: Jeremy Browner said that he is a business owner in Orange County. He said that he is happy that the County is doing this. He said that there is supposed to be lots of growth in the Triangle area in the next few years and this utility system will help this area. Commissioner Gordon said that based on the information given in the abstract, it is very difficult to ascertain what the concept plan is. Frank Clifton said that the staff is relying on input given by the engineering groups and discussions with the Town of Mebane. The overall goal is to develop a plan that will provide water and sewer capacity design for that economic development district. Commissioner Yuhasz spoke in support of creating this master plan. He said that until the engineering criteria are spelled out the concept plan will not be known. It is very conceptual. Commissioner Pelissier agreed. Commissioner Pelissier suggested saying, "approve the development of a master infrastructure plan" so that no specific plan is being approved right now. She would also like to discuss capacity. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to: approve the development of a master infrastructure utility concept plan for the Buckhorn Mebane Area; authorize staff to revisit the existing utility service agreement adopted in 2004 with City of Mebane and Attorney's Office and bring back for BOCC review; authorize up to a $200,000 budget ordinance amendment to fund engineering design activity for this project; authorize staff to seek proposals for water and sewer utility civil engineering design work for this project; and direct staff to bring back recommendations for final approval by the Board of Commissioners. VOTE: UNANIMOUS Commissioner Jacobs said that he hopes that they start to discuss joint planning with Mebane and that it be an active pursuit. 7. Reports a. Update on Draft Interlocal Cooperation Agreement for the Piedmont Food & Agricultural Processing Center The Board received an update on the proposed Interlocal Cooperation Agreement by and among the counties of Alamance, Chatham, Durham, and Orange to govern the Piedmont Food &Agricultural Processing Center and considered authorizing staff to submit a draft Interlocal Cooperation Agreement to partner county Boards of County Commissioners. Commissioner Jacobs said that February 81h is the 12th Annual Agricultural Summit at the old Orange Enterprises building on Valley Forge Road. Noah Rannells said that the plan is to open this center in August. This agreement is a five-year commitment that will set up a steering committee made up of a Commissioner from each county (Alamance, Chatham, Durham, and Orange), a County Manager from each county, and a Cooperative Extension Director from each county. Commissioner Nelson said that he is concerned about the 501(c)3 issue and he would like this to happen. He also does not want to get caught into shelling out and obligating money before the budget process. He is concerned about the budget and not the project. Commissioner Gordon agreed with Commissioner Nelson. Discussion ensued about the potential costs Frank Clifton said that there is no formal plan in place yet. Noah Ranells said that there is some grant funding in place. Chair Foushee asked if there was sufficient grant funding to fund the Executive Director position and Noah Ranells said yes. There was no motion or vote, but the Board was in agreement to ask staff to take the Board's comments and revise the interlocal agreement as needed and then ask all of the partnering countys'attorneys to review/comment. 8. County Manager's Report 9. Board Comments 10. Appointments-NONE 11. Information Items • 2009 State of the County Health Report Commissioner Hemminger said that the ABC Board wants the County Commissioners to know that everything is going well according to Orange County guidelines. 12. Closed Session A motion was made by Commissioner Nelson seconded by Commissioner Jacobs to go into closed session at 11:18 PM for the purposes of: 1) "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee;" NCGS § 143-318.11(a)(6); and 2) "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." 3) "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). VOTE: UNANIMOUS ADJOURN INTO REGULAR SESSION: A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to adjourn into regular session at 12:10 a.m. VOTE: UNANIMOUS 13. Adjournment A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to adjourn the meeting at 12:10 a.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board