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HomeMy WebLinkAboutMinutes - 02-20-2001APPROVED 6/5/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING February 20, 2001 The Orange County Board of Commissioners met at 5:30 p.m. in meeting room "D" at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Harmony Whalen COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Acting Deputy Clerk to the Board Buck Tredway (All other staff members will be identified appropriately below) ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE MEMBERS PRESENT: Chair Cherie Rosemond, Charron Andrews, Laura DeLoye, Tracy Diefenderfer, Carol Gunther-Mohr, Margaret F. Hudson, Ruth Monnig, ORANGE COUNTY NURSING HOME COMMUNITY ADVISORY COMMITTEE MEMBERS PRESENT: Chair Jack Vogt, Becky Bradley, Barbara Ording, Sheila White OTHERS IN ATTENDANCE: Jill V. AI-hafez, Triangle J Ombudsman; Kate Barrett, Orange County Department on Aging; Renee Bynum, Gay Eddy, representing Congressman David Price; Orange County Social Services; Jerry Passmore, Orange County Department on Aging; Gwen K. Phillips, Department of Social Services; Denise C. Shaffer, Orange County Social Services; Florence Gray Soltys, Advisory Board on Aging; Vibeke Talley, Orange County Department an Aging; Carol Teal, Friends of Residents in Long Term Care; LEGISLATORS PRESENT: Senator Ellie Kinnaird, Representative Verla Insko, and Representative Joe Hackney 1. Joint Meeting with Orange County Adult Care Home Community Advisory Committee, Orange County Nursing Home Community Advisory Committee, and Orange County Legislative Delegation Chair Halkiotis welcomed everyone. Commissioner Brown welcomed the legislators and thanked the committee members. I. Introduction and Welcome: Ruth Monnig, ACHCAC Ruth Monnig, from the ACHCAC, said that one of the purposes of this meeting was to open up a dialog. She said that the committees go to facilities and see things that are failing. At this time, introductions were made. I1. Description of Committees and their purpose Cherie Rosemond, Chair of the ACHCAC, gave a description of the Adult Care Home Community Advisory Committee. She said that members of the committee make quarterly or annual visits to adult care homes and facilities. The primary interest of the committee is to advocate the patient bill of rights. The committee does work with a County adult care home specialist. The committee also works with the Ombudsman and the Department on Aging. There are five adult care homes offering services to 29 County residents. She painted out that the biggest change in nursing homes over the last five years is the acuity of residents. Jack Vogt, Chair of the NHCAC, distributed a list of the five nursing homes in the County. The mast important responsibility of the committee is to make quarterly visits to facilities. The committee also handles complaints from nursing home residents or family members. These complaints are sent to the State for action. The committee did a survey of nursing home administrators this past year to find out the challenges. A friendly visitor program has been initiated in two of the nursing homes in the County, and there are 10 visitors that are visiting different residents in the home. III. Current State of Facilities in Orange County a. Quality of CarelG2uality of Life Becky Bradley, Co-Chair of the NHCAC, spoke about the quality of care and quality of life in long- term care facilities. She said that both committees see the same problems. One of the first issues that is addressed is hygiene. She said that the Alzheimer's units in the County homes ware clearly understaffed. She said that the staff ratio in adult care homes has been increased due to Senate Bill 10. She pointed out that in one of the facilities in the County, not one of the residents had a chance to vote in the primary election. Other issues that need to be addressed are food quality and choices, meaningful activities, restraints, privacy, mental health care, and access to medical care. She said that chemical and physical restraints are not to be used far the convenience of the staff. b. Staffing and Management Cherie Rosemond described the typical staff member of an adult care home. She described the training involved for the staff. The training only gives five hours to the interpersonal aspect. She said that the training was not sufficient for the nursing homes. Employee turnover in nursing homes is 100 to 140 percent per year. She described the operator turnover in the facilities in Orange County. One facility has had four administrators each year and another has had three. There is a lack of corporate support for local facilities. She spoke about a personal story of when she spent the night in a nursing home to be with a friend and how the staff acted inappropriately in many ways. c. Access Tracy Diefenderfer, a social worker on the ACHCAC, said that she has a unique perspective because she works at UNC Hospitals and has worked in a nursing home in Chapel Hill. She described a nursing home resident, Mr. Jones. She said that hospitals become bed-locked with patients that cannot get into nursing homes because of lack of availability of affordable rooms, quality facilities, and limiting regulations. IV. Legislation 200012001 Jill AI-Hafez, the Regional Ombudsman, said that they were in charge of providing training and technical assistance to the committees. She said that three of the five facilities in the County were substandard. She said that this was a systems problem and that she did not fault the State. Carol Teal, from the Friends of Long Term Care, said that an Ombudsman in Winston-Salem started this group 15 years ago. She said that the staffing issue, in her opinion, was the biggest issue for the quality of care in adult care homes. She spoke about a Wage Pass Through bill, which will give an extra number of dollars per hour to the front line workers. The proposed increase in North Carolina is only 50 cents an hour, which is very inadequate. She said that Medicaid was in serious trouble in North Carolina. The Friends of Long Term Care is also supporting legislation to require facilities to post the capacity so that people would know how many staff should be on duty. She painted out that there was no minimum ratio of staff to residents in adult care homes. Gwen Phillips, from the Orange County Department of Social Services, said that every month they monitor, visit, and advocate for adult care homes. She said that there was a need for legislation to look at reimbursement rates. She said that the rates should be based an the resident's need. The second issue is the need to require supervisors in homes licensed from 21 to 30 for third shift. The third issue is the need to restructure the state reimbursement plan for adult care homes. The current plan does not establish any fixed profit margins for adult care homes and encourages the homes to cut corners in order to increase profits. The fourth issue is the need to have a cap on indirect casts in facilities. Many of the facilities lease their buildings. She also spoke about the need far legislation on personal care allowance. She said that the costs should be tied to cost of living increases. Ruth Monnig made reference to some research that has been conducted with a team of nurses with regard to the issue of malnutrition and dehydration in nursing homes. She said that the research has shown that a high proportion (40-75°~) of residents in nursing homes are malnourished andlor dehydrated. She said that 25-50°~ of the deaths of elders in nursing homes are preventable. This is all related to inadequate staffing. V. Questions and Discussion Representative Verla Insko, Chair of the House Aging Study committee, said that the legislation coming through the committee this year had to do with DSS. She said that there might be new legislation to talk about reorganization within the department. A group had been hired to review Medicaid and reimbursement rates. The committee hopes to have a bill to allow money to be spent on adult care homes. Representative Joe Hackney said that he was pleased to listen to the comments and learn about the issues and concerns. Senator Ellie Kinnaird said that people tell her horror story after horror story about nursing homes. She said that she wrote a bill to change the staffing ratio. The adult care industry discovered it in the budget and they were able to pull it out of the budget. She said that the power of the industry was so great. Services have been cut throughout the state and people are really hurting. She said that the bottom line was that no one wants to raise taxes. She encouraged people to send letters to legislators, press, and facilities management. John Link said that he has a loved one in a nursing home and that all of the issues raised are important. He said that it seemed that it was a question of how to get the staff to pay attention to the patients. There could be tax credits to family members to have an additional staff person ar a caretaker in the patient's home. Commissioner Gordon agreed that staff attention to residents was crucial. Ms. Speaker talked about someone from a nursing home that came into the geriatric clinic over the weekend and had two bedsores to the bone. She spoke about how malnourished the patient was. Commissioner Brown thanked everyone for coming to the meeting. This 5:30 meeting was adjourned. The 7:30 Board of County Commissioners' regular meeting was held following the conclusion of this meeting in the Boardroom of the Southern Human Services Center in Chapel Hill, North Carolina. Stephen Halkiotis, Chair Beverly A. Blythe, CMC APPROVED 6/5/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 20, 2001 The Orange County Board of Commissioners met in regular session at 7:30 p.m. in the Boardroom of the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Margaret W. Brawn, Moses Carey, Jr., Alice M. Gordon and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (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. RECOGNITION OF NOVEMBER 7, 2000 ELECTION PRECINCT OFFICIALS The Precinct Officials were recognized by the Board of County Commissioners and members of the State Legislative delegation for Orange County. Chair Halkiotis said that, despite the election activities going on in Florida, there was an extremely smooth process in Orange County. He thanked all of the citizens and County volunteer boards and commissions that made the voting experience in Orange County very pleasant and positive. He said that all of the votes were counted and posted on the Internet by 10:30 p.m. on election night. Chair Halkiotis recognized the members of the Board of Elections: Chair Dianne Brown, Melvin Beasley, and June Haas. He then recognized the members of the Board of Elections Office: Director Carolyn Thomas, Pat Sanes, Debbie Cheshire, and Nancy Knight. Chair Halkiotis reported on the statistics for the early voting for the November 2000 election in Orange County: Carrboro Town Hall had 2,575 votes; Hillsborough Office had 2,057 votes; Morehead Planetarium had 3,390 votes; and the staff processed 1,634 mail-in absentee ballots. The total votes either by mail-in or early voting was 9,656. The staff worked many hours of overtime to make sure that all of the votes were processed. He thanked Senator Ellie Kinnaird for her work and support in locating a balloting site on the UNC campus to make it easier far students to vote. Chair Halkiotis introduced the legislators who were in attendance: Senator Howard Lee, Senator Ellie Kinnaird, and Representative Verla Insko. Each of the precinct officials were given a Starfish pin, on which was written, "I Make a Difference". Chair Halkiotis read the story of the significance of the pin. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board agreed to add a closed session "To consult with an attorney employed by the Board in order to preserve the attorney client privilege between the attorney and the Board in the case of Orange County vs. Carolina Power and Light, according to General Statutes 143-318.11 {A)(3}." The Board agreed to add as item 9-g, Orange County Position on NACo Support of Oil and Gas Exploration in the Arctic National Wildlife Refuge. PUBLIC CHARGE Chair Halkiotis dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda -NONE b. Matters on the Printed Agenda {These matters were considered as the Board addressed the items on the agenda below.} 3. BOARD COMMENTS Commissioner Jacobs said that he attended the Buy Recycled work session yesterday at the Friday Center, for which the County received a State grant. There were approximately 50 people in attendance, including a staff person from the Purchasing Department. He said that no one from either school system attended the work session. Commissioner Jacobs reminded the Board about the Triangle J Legislative Breakfast to talk about a regional legislative agenda on Monday, February 26t" at 10:30 a.m. at the Sheraton Imperial near RDU airport. Commissioner Jacobs reported that the Pauli Murray awards would be this Sunday, February 25t" at 1:00 p.m. at A.L. Stanback Middle School on NC86 South. Also, the Orange County Youth Summit will be held this Saturday, February 24t" at the Sheraton. Commissioner Brown said that she noticed that the Arts Commission has asked for a new location ar expansion and asked John Link to comment on this. John Link said that this could either be addressed through the budget process or as the Board of Commissioners addresses the space study. Commissioner Brown expressed a concern about the Arts Commission relocating out of Hillsborough to Chapel Hill or Carrboro. John Link will report back an this issue. Commissioner Brown made reference to the agreement with the University regarding the sewer service availability fees. She asked if it was agreeable to the Board to write a letter to the President of the University thanking them for negotiating with OWASA on this matter. Commissioner Brown asked that the County Commissioners, when they meet with the local legislative delegation on March 12`" {she will be unable to attend}, to inquire about UNC's master plan for the Horace Williams' tract and express her feeling that the plan should be integrated with the County. She said that the plan should be sustainable, especially in regards to traffic. 4. COUNTY MANAGER'S REPORT -NONE 5. RESOLUTIONSIPROCLAMATIONS a. Durham/Chapel HilllOranae County Work Group Resolution of Cooperation The Board considered a resolution of cooperation outlining the role, purpose, and function of the Durham/Chapel Hill-Orange County Work Group, and establishing the Orange County membership in the group. Planning Director Craig Benedict summarized the role and purpose of the Durham/Chapel Hill-Orange County Work Group. He said that this group has been ongoing for several years. This resolution will make Orange County a member of this group. The resolution identifies a few different areas of cooperation -land use plans, courtesy review of development, green ways, open space, water resource issues, and annexation. In the past, the focus of the group has been transportation, but it is now being broadened to address water resource concerns and regional efforts. Each jurisdiction will have an opportunity to host the meetings. Commissioner Gordon said that she served on this group before Commissioner Jacobs, who is now serving on the group. She suggested several editorial changes to the resolution, which were noted by Planning Director Craig Benedict. These changes will be made in the final document. Commissioner Jacobs said that he presently serves on this group. He said that Orange County had participated in the past but were not treated as an equal as was Chapel Hill and Durham County. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve and authorize the Chair to sign the resolution as stated below, with the proposed changes: RESOLUTION OF COOPERATION A resolution of cooperation between the City of Durham, North Caralina, Durham County, North Caralina, the Town of Chapel Hill, North Carolina, and Orange County, North Carolina relating to land use planning along and near jurisdictional boundaries. WHEREAS, all four governing bodies seek to have appropriately planned development for their respective areas; and WHEREAS, Durham County, the City of Durham, the Tawn of Chapel Hill, and Orange County desire to foster good relations; and WHEREAS, officials from all fourjurisdictions have met jointly to discuss their mutual concerns; NOW, THEREFORE, BE IT RESOLVED that, in order to foster and maintain a system of sound land use planning and regulations which can be relied upon by the public and private owners of land as a basis for investment decisions, the protection of the environment and a climate conducive to healthy economic and social growth and development of our four jurisdictions, by mutual consent it is agreed by the governing bodies of the City of Durham, the County of Durham, the Town of Chapel Hill, and Orange County that: (1) A DurhamlChapel HilltOrange County Wark Group will be established, made up of two representatives from each of the four elected bodies of Durham City, Durham County, Chapel Hill, and Orange County, along with one representative from each jurisdiction's Planning Board. This Work Group will meet at regular intervals to discuss issues of common concern to the four jurisdictions, and to serve as a mechanism for exchange of information between the elected boards. The location of the Work Group meetings will alternate between Durham City and County, Chapel Hill and Orange County, with a representative of the host community chairing the group. (2) The role, purpose, and function of the Work Group will be to enhance coordination and consultation among the governments. This will not be adecision-making body, and no votes will be taken. {3) The group's objectives are to cooperatively: a. Seek compatible uses of land and natural resources; b. Achieve a smooth transition between areas of development within each jurisdiction; c. Provide appropriate entryway into each jurisdiction from the other; and d. Encourage orderly development and the efficient delivery of urban services, which will maintain and enhance property values in each jurisdiction. (4) The list of issues to be discussed by this Work Group shall include but not be limited to the list that appears as Attachment 1 to this resolution, as reviewed and revised from time to time by the governing bodies. (5) The administrative staffs of the jurisdictions a. shall report to their respective Board, on a timely basis, information concerning developments in their areas of mutual interest, as defined in (b} below, as well as information concerning other activities of the work group b. shall mutually exchange and review zoning requests, special use permits, subdivisions, site plans or annexations requested for land fronting on any of the corridors and within areas of mutual interest. (6) The administrative staffs of each jurisdiction shall pursue cooperative efforts to coordinate plans for improvements to the public rights-of-way in the corridors or areas of mutual interest. Such plans shall include streetscape plans, landscaping projects, sign regulations unique to the corridor or roadway construction or any development regulations specifically designed for the corridor or area of mutual interest. (7) The administrative staffs of each jurisdiction shall pursue cooperative efforts to coordinate lang- range land use plans. Adapted by the City of Durham: Adopted by Durham County: Adapted by the Town of Chapel Hill: Adopted by Orange County: Distribution in each Jurisdiction: Mayor and Council/Chair and Board of Commissioners Planning Board Manager Attorney Planning Director Towns of Carrboro and Hillsborough Chatham County Triangle J Council of Governments VOTE: UNANIMOUS (date) (date) (date) (date) b. Severe Weather Awareness Week The Board considered a resolution designating the week of February 18-24 as Severe Weather awareness Week. Tammy Comar, Administrative Assistant for Emergency Management, presented and read this resolution. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION SEVERE WEATHER AWARENESS WEEK February 18-24, 2001 WHEREAS, Governor Michael F. Easley has proclaimed the week of February 18-24, 2001 as Severe Weather Awareness Week, and WHEREAS, Orange County is vulnerable to severe weather, including the devastation of tornadoes, and WHEREAS, Tornadoes occur in North Carolina each year, and WHEREAS, The need for citizens to learn more about tornadoes and how to protect themselves should be emphasized, NOW THEREFORE, the Board of County Commissioners hereby proclaim the week of February 18 through 24, 2001, as "Be Safe at School, at Work and at Home" Severe Weather Awareness Week, and encourage all citizens to learn more about tornadoes and be aware of the dangers of severe weather, especially during the spring season. Adopted this 20t" day of February 2001. VOTE: UNANIMOUS c. Cable TV Rate Adjustment-Time Warner The Board considered a resolutiontorder setting maximum permitted rates for basic cable TV service and the capital investment recapture "add-on"charge for Orange County residents served by Time Warner Cable. Michael Patrick, Chair of the County's Cable TV Advisory Committee, summarized the information in the agenda. He said that under the Federal Communications Act, the County has authority to regulate, to a small degree, the basic cable rates. He said that Triangle J Council of Governments Cable TV Consultant Bob Sepe has done an analysis to evaluate whether the rate increase proposed by Time Warner this year was arrived at accurately. This resolution would determine that the basic rates as calculated by Time Warner are correct and would also request that Time Warner take into consideration the inflation rate, which was subsequently determined to be lower than that used in the calculations. Time Warner would not be legally required to use the subsequent inflation rate. Chair Halkiotis said that he has been in contact with a citizen in the northern end of the County who has had an ongoing battle with Time Warner in trying to get service. He said that Time Warner told the citizen that they would provide so many feet of cable to his house and then he would have to pay for any additional cable. The citizen called Senator Helms' office, and the Senator referred him back to the Orange County Commissioners. He said that the Commissioners have no authority with Time Warner, since the agreement has not been finalized. Michael Patrick said that one of the upcoming matters is re-franchising, which has same language that would speak to the issue of extension. Geoffrey Gledhill said that extension policies, including cost sharing, are not part of the rate work before the County Commissioners tonight. The committee has been working extremely hard with Time Warner on the extension policies and the cost sharing issue. Chair Halkiotis expressed frustration because regardless of what the County Commissioners do, this adjustment is going through anyway. Commissioner Jacobs made reference to page 8 under Franchise Related Costs: Public Access Television, and he read item 'a'. He said that the Manager faxed a draft letter to the County Commissioners regarding this very issue and that under the ordinance granting a franchise to Alert Cable of North Carolina and haw, in fact, once Time Warner took over the franchise they never met the obligation that had been stipulated under the terms of the previous agreement. He asked why he would agree to pass on the rate increase that they request since Time Warner is not agreeing to fulfill their obligation. Michael Patrick said that these were separate issues and that the Board had to act on the matter that was in front of them tonight. Commissioner Carey said that he has also spoken with the citizen that Chair Halkiotis made reference to, and he understands the frustrations. He said that by approving this agreement, it would be a step closer to providing information to the public about the rules. Michael Patrick said that the new agreement would require that Time Warner respond within a certain length of time to a request from a citizen about an extension and give a firm figure. Chair Halkiatis asked what happens if the Board were to choose to vote "no" to the recommendation. John Link summarized the three passible actions: 1) adapt the maximum rates allowed; 2) not adopt the rates due to findings of fact; ar 3} determine not to act, which would mean that the rates would go into affect anyway. Michael Patrick said that there were no findings of fact. A motion was made by Commissioner Carey to adapt and authorize the Chair to sign a Resolution/Order setting Time Warner's 2001 Basic Service Tier Maximum Permitted Rates at $11.72, $12.07, and $13.70 for the Chapel Hill, Carrboro, and Durham Cable TV Systems in the unincorporated areas of Orange County, with the request that Time Warner recognize the overcharge on the inflation rate and request that they use the lower inflation rates in the study next year. There was no second to the motion. Commissioner Jacobs made reference to the draft letter the County Commissioners received for consideration of approving and asked what would happen if the Board took no action tonight but instead waited until they received a response to the letter they will send to Time Warner. John Link said that the County Commissioners could determine to table this item until a response is received from Time Warner, not to exceed two weeks. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to defer consideration of this item, pending a response from Time Warner within two weeks. VOTE: UNANIMOUS d. Occaneechi Band of the Saponi Nation's "Continuous Open Permission" Request The Board considered a resolution of intent to allow members of the Occaneechi Band of the Saponi Nation "continuous open permission" for camping at the Occaneechi historical site on Thursday, Friday, and Saturday nights of the annual spring festival and pow-wow. Chair Halkiatis summarized this item. He said that the County Commissioners have received a letter from the County Attorney citing same concerns about committing future Boards of Commissioners to this continuous and open permission status, zoning issues with the Town of Hillsborough and some issues related to the Health Department. He said that he would like to go on record as saying that it is incredible that in the year 2001 that the Commissioners get a request from a group representing Native American people who were here long before Health Departments, zoning regulations, and attorneys {with all due respect to each of these}. He said that it seems to be a very simple thing. He suggested having staff revisit this to see what can be done to accommodate this request. Commissioner Brown would also like the staff to find a way to make this happen. She said that this paints out the fact that campsites are needed in Orange County. Commissioner Gordan said that she was very sympathetic to this request and she thinks the Board should ask the staff to look at it to see how it might be better worded. She expressed a concern that this open permission could be withdrawn by a future Board. A motion was made by Commissioner Brown, seconded by Commissioner Carey to request staff to develop a plan to allow members of the Occaneechi Band of the Saponi Nation "continuous open permission" for camping at the Occaneechi historical site on Thursday, Friday, and Saturday nights of the annual spring festival and paw-wow and bring it back to the Board far final approval later. Commissioner Carey feels that the County Commissioners should put a process in place so that health and safety concerns are addressed long-term. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve those items on the agenda as stated below: a. Budget Amendment #6 The Board approved budget ordinance amendments and the Smith Middle School construction project ordinance. b. Amended Smith Middle School Athletic Field Use Arrangement This item was removed and placed at the end of the consent agenda far separate consideration. c. Change in Board of County Commissioners Regular Meeting Schedule The Board changed its regular meeting schedule to add a meeting March 12, 2001, 8 a.m., 408 W. Rosemary Street, Chapel Hill to meet with the Orange County legislative delegation on legislative issues; and, to add an Assembly of Governments meeting with the towns of Carrboro, Chapel Hill and Hillsborough for April 19, 2001, Southern Human Services Center, 2501 Homestead Rd., Chapel Hill. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA b. Amended Smith Middle School Athletic Field Use Arrangement The Board considered approval of an interlocal agreement governing the use, funding and maintenance of athletic fields at Smith Middle School in Chapel Hill. Commissioner Gordon pointed out that this version was not the same that was in the packet. Assistant County Manager Rod Visser said that the updated version was sent out by fax to the Commissioners yesterday. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to 1) approve the proposed agreement, subject to final review by staff and the County Attorney; and 2} authorize the Chair to sign the final agreement in substantially the form of the attached version (following anticipated review of BOCC-requested changes by the Carrboro Board of Aldermen and the Chapel Hill-Carrboro Board of Education). VOTE: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Additional Funding for General Assistance Program The Board considered a request by the Department of Social Services for appropriation of an additional $50,000 in general assistance funds for the 2000-2001 fiscal year. John Link said that the purpose of the general assistance fund was to address emergency needs of families, especially with paying utility bills, etc.. The department has exhausted its present allocation of general assistance funds, due largely to the fact that the cost of fuel and electricity has increased. He is recommending that the Board approve an additional $25,000 from the Commissioners' contingency fund. Commissioner Gordon asked if the money that Duke Power gives for energy assistance could be used to match an additional amount from the County. She also asked if Duke Power would be willing to waive part of the costs for reconnection or the initial deposits that citizens must pay. Chair Halkiotis encouraged the Board to consider writing a letter to the Utilities Commission on the $250.00 deposit fee that citizens have to pay. Also, he would like to send the same letter to Public Service Gas and state the County Commissioners' concerns about the $250.00 deposit fee. He would challenge Pubic Service Gas to contribute some money to help citizens with energy assistance. Commissioner Jacobs asked some questions, which were noted by the staff. Also, for next year, he would like to know from Social Services what utility companies are offering matching funds and assistance. Commissioner Brown agrees with what was said by the other County Commissioners. She said that people need to understand that the County taxpayers are picking up the bill for the high profits that these providers are getting. She would like some feedback next month on how this money was spent. In answer to a question from Commissioner Carey, Acting Social Services Director Martin Whitt said that last year the County did not experience the two months of cold weather or the significant increases in energy costs. Chair Halkiotis suggested sending copies of the letter to the legislative delegation, the Governor, and anyone else. Martin Whitt told of a situation where a citizen could not pay her electric bill and the utility was going to turn off her electricity, and she had a sick child that required a breathing device. He said that the utility was not willing to work with the County in keeping her electricity on. He said that DSS had to scramble around to get the money in time. A motion was made by Commissioner Carey, seconded by Commissioner Brown to appropriate from Commissioners' Contingency account $25,000 in additional General Assistance funds for FY 2000-2001. VOTE: UNANIMOUS b. Smith Middle School Ground Lease Agreement with UNC The Board considered approving an agreement with the state of North Carolina on behalf of UNC-Chapel Hill governing the lease of, and improvements to university property that will be used for the new Smith Middle School facilities. Rod Visser summarized this item. He said that this item presents an opportunity to partner with the University and provides the County and the Chapel Hill-Carrboro City Schools the right to use andlor improve 16+ acres of University-owned property for athletic fields, parking, and related amenities fora 30-year lease period for a nominal rent fee. The agreement also allows the Chapel Hill-Carrboro schools to barrow some dirt from this site to finish the remainder of the Smith Middle School construction site. County Attorney Geoffrey Gledhill and other attorneys at the University have suggested some changes in the language in the agreement. Geoffrey Gledhill added that the University is excited about the partnership with the school system an the use of the school facility. In answer to a question from Commissioner Gordon, Geoffrey Gledhill said that if the Board approves the Manager's recommendation, he and the other attorneys will have an opportunity to make minor language changes in the agreement. Commissioner Brown asked far clarification on the additional 2,000 square feet for which the University has already raised one million dollars. Steve Scroggs, Assistant Superintendent of the Chapel Hill-Carrboro City Schools, said that the UNC School of Education would be using the additional 2,000 square feet. There has been a hold on this since the bond issue passed at UNC because of their desire to add an additional 10,000 square-foot extension on to the Smith Middle School site for middle school education at the UNC School of Education. The University has already raised one million dollars toward the planning effort and they have already contributed $75,000 to architectural fees to begin the process. Temporarily, the school system is holding off on the interior design of the 2,000 square feet until the 10,000 square feet is further designed. Steve Scroggs will send the Commissioners a copy of the architectural drawings for Smith Middle School. Commissioner Jacobs verified that the County or the school system would not be responsible far the construction costs of the 10,000 square feet. He would like to communicate the Commissioners' concern that a large and potentially unnecessary expenditure might be required if this agreement is not acted upon in an expeditious manner. Steve Scroggs said that the 10,000 square feet would be handled by a separate agreement. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the agreement in substantially the form as included in the agenda, subject to final review by staff and the County Attorney, and to send a letter requesting expedited consideration. VOTE: UNANIMOUS c. Orange CountylHillsborough Courtesy Review Agreement The Board considered a courtesy review agreement with the town of Hillsborough. Planning Director Craig Benedict summarized the information in the agreement. He said that this is a formal agreement far the Board's consideration of approval and includes courtesy review of an area in and around Hillsborough (within the County's jurisdiction) by the Town of Hillsborough within a 30-day period. The area is the same as the 50-year water and sewer service potential boundary for Hillsborough. Orange County would have the opportunity for a courtesy review of any area within Hillsborough's city limits or within their ETJ that lies south of the Eno River. These areas are primarily undeveloped at this time and are in the economic development district. There would be a courtesy review by either jurisdiction of land use plan amendments, rezoning, special use permits, and subdivisions of 35 lots or greater. The genesis of this agreement came through the Economic Development District Work Group. Commissioner Gordon cited several changes that she would like to see in the agreement. These were noted by Craig Benedict and will be included. Commissioner Jacobs also had several suggestions for changing the agreement and the map, which were noted by Craig Benedict. He asked that the Eno River be identified on the map, which is in the agreement. He would like to ga ahead and move forward with approving the agreement. Commissioner Jacobs made reference to the proposed development named The Preserve and the fact that Hillsborough was under the impression that the County would not consider a development of this kind without first knowing that the Town would provide water and sewer to the development. Craig Benedict said that his understanding about the joint session with Hillsborough concerning The Preserve was that the County would not require a formal agreement that indicates that Hillsborough would provide water and sewer to the project and that the public hearing could proceed without that verification. However, he said that prior to any formal adoption or review by the Commission of this project, something would have to be in written form setting forth the obligations of the developer and the Town of Hillsborough. He said that he could provide this understanding in writing to the Town of Hillsborough. Chair Halkiotis would like to see this move along to include the comments made by Commissioners Gordon and Jacobs. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the substance of the Orange CountylHillsborough Courtesy Review Agreement, send it to the staff for review and consideration of the comments made by the Commissioners, and return it for final approval in March. VOTE: UNANIMOUS d. Web Site Redesign Project The Board considered providing direction to staff on how to proceed with the web site redesign project. Commissioner Brown said that her concern was that the County's website be very user- friendly so that citizens could access information the way they understand government. Chair Halkiotis feels that going ahead with authorization to do a request for proposal would open this up to capable people here in Orange County and would support local economic development. Commissioner Carey feels that this site is important enough so that the public can access the services in a very user-friendly fashion. He feels we need to get moving so we have something to react to that is concrete. Commissioner Gordon wants the Board of County Commissioners to be included in the process of redesigning the website. She would like the website to be easy to update. She also said that there should be policies of what should go onto the website. She agrees with Commissioner Brown about the citizen's point of view. Commissioner Gordon made reference to page 11 and the schedule and said that the phases seem independent of each other. She said that the Board could move ahead with phase 1 and accept the Information and Technology Advisory Committee's recommendation to hire the state group ITS. Commissioner Jacobs said that he would like to move this along expeditiously. Commissioner Jacobs made reference to Durham County's site and some of the things that they offer -alphabetical listing of government services, a page for kids, a page for visitors, etc. Chair Halkiotis said that he was not excited about the proposal by ITS. Commissioner Gordon suggested that Commissioners Brown and Carey work on this project. Commissioner Brown suggested taking this back to the IT Committee to take a look at the proposal by ITS. Jahn Link suggested that the IT Committee look at this in relationship to two areas -the basic infrastructure that is easily updated and the design itself on how to engage the public to look at the website. Commissioner Gordon reiterated that she would like all of the Commissioners to be factored into the process at critical points. A motion was made by Commissioner Gordon, seconded by Commissioner Brown that the staff submit a new request for proposal that reflects the concerns as stated above by the Commissioners, and that the Information and Technology Advisory Committee will help develop the request for proposal. ITS and others will be welcome to respond to the request for proposal. VOTE: UNANIMOUS Commissioner Carey will serve on this committee to help staff develop a proposal after the bids are received. e. Reauest for Assessment of Civil Penalties - M. Henrv Wilson Zonina Violation The Board considered assessing civil penalties for a continuing zoning violation. Craig Benedict explained that this zoning violation has been ongoing since 1995. In 1992, someone requested rezoning for property to allow a commercial use and it was approved. This decision was reversed by the courts in 1995 saying that it was inappropriate to rezone the property to commercial. In the time between 1992 and 1995, someone purchased the property far a motor vehicle establishment to do repair work. The court decision caused the County to bring the property back to the rural buffer zoning that was there previously that allows no commercial uses. There have been three notices of violations that have gone out to this property in 1998, 1999, and 2000. The next step is to request an assessment of civil penalties to take this person to court to cause him to cease his business. He made reference to the recommendation and said that if Mr. Wilson ceases his operation by March 22, 2001, then the assessment that has been accruing since January 6th will be waived. If he does not cease his operation, then the $100 per day penalty will continue. Commissioner Jacobs clarified that Mr. Wilson purchased the property with the understanding that the property was zoned EC-5. He asked if there was an error by County staff at some point in the process. Geoffrey Gledhill said that Mr. Combs, the owner of the property when it was rezoned to EC-5, was in contact with Mr. Wilson at the time of the rezoning. Mr. Wilson knew all about the rezoning. Commissioner Jacobs made reference to page four, where it says, "October 14, 1996 - The issuance of the Hame Occupation Permit to Mr. Wilson is found to have been issued in error." Craig Benedict said that the permit was issued in error, it was appealed by a neighbor, the Board of Adjustment ruled on the error and said that it should not have been issued. It then went to court and it was eventually remanded back to the Board of Adjustment and the license was formally revoked. Harmony Whalen said that she had spoken to Mr. Wilson's attorney and Mr. Wilson is aware of this action. Mr. Wilson would like to settle this matter without going to court and have the County drop the case. Discussion ensued about the penalty. Craig Benedict said that the neighbors adjacent to this property have been inquiring about when this issue will be resolved. Commissioner Jacobs expressed concern that 30 days might not be long enough for Mr. Wilson to vacate his property. Commissioner Brown indicated that she would not support this because she knows for a fact that this property had been used as a mechanic shop at the time in question. Geoffrey Gledhill said that the EC-5 zoning district does not permit automobile mechanical repair work. A motion was made by Commissioner Carey, seconded by Chair Halkiotis to accept the administration's recommendation that the person in violation be assessed civil penalties at $100.00 per day if the violation does not cease and desist within 30 days of February 20, 2001. If the violation has ceased by March 22, 2201, the assessment of civil penalties will be waived. If the violation continues, civil penalties will be assessed at $100.00 per day beginning January 6, 2001, and continuing until the violation ceases as authorized under Article 23, Section 23.2(b) of the Zoning Ordinance. VOTE: Ayes, 3; Noes, 2 (Commissioners Brown and Jacobs) It was now 10:35 p.m. and the Board agreed to extend the meeting to 11:00 p.m. f. Sunrise Springs Subdivision The Board considered a preliminary plan for Sunrise Springs Subdivision. The subdivision consists of nine residential lots on a 22-606-acre tract. It is located along the west side of Sunrise Road (SR 1732) adjacent to and north of I-40 in Chapel Hill Township. Craig Benedict made this presentation. He cited the concerns as expressed by the County Commissioners at their August 15, 2000 meeting and October 3, 2000 meeting. Since the meetings in August and October, there have been no less than 10 meetings with the applicant, the applicant's attorney, one meeting with some residents, and a few telephone calls from some residents to try to come to terms with the issues surrounding this project. One of the issues is that the developer cleared trees prior to any approval by the County, which was improper. The administration is recommending approval with 15-20 new conditions. Public Comment Syd Alexander, attorney far the developer, pointed out that the brown area on the map is the 60-foot conservation easement, which tracks the course of the stream. Also, shown an the sheet that is marked 'C-2' is a reference that restricts any possible access from the extra lot to the main road. He made reference to the second sheet and the question about runoff and enhanced runoff resulting from this development. He said that the evidence shows that there would not be any enhanced runoff. Also, for the record, he would like to resubmit the information he submitted an November 17, 2000. Betsy Kraus asked if the developers could guarantee that the development would not result in any additional noise and Mr. Alexander said that clearing additional land would not create any increase in the noise level. She said that the activities of the development have already resulted in additional noise from I-40 because the trees that were removed were 80 feet tall. She asked about the additional plantings and if they would replace the existing vegetation or be added and Mr. Alexander said that there would be minor clearing for the planting of new trees. She asked what Dr. Diehl was planning to do about erosion control. Craig Benedict said that the erosion control devices that are in place underneath the stream have been verified as acceptable. Betsy Kraus asked what assurances there were that Dr. Diehl was operating in good faith whereas earlier he was not operating in good faith. Steve Herman said that he was not satisfied with what has been done here. He agrees with everything that Betsy Kraus said. He feels that the additional conditions in the resolution are trivial and do not address the real issues that were brought to the Commissioners' attention at the October 3`d meeting. Most specifically, the neighbors are concerned about the plan to build a state maintained standard road that will involve considerable cutting into the earth berm which is the main protection of the neighborhood from the noise on I-40. He suggested that the road be built to class A private road standards and not public state maintained road standards. He said that the neighbors do not agree with the findings of the acoustical engineer because it is common sense that if trees are cut down, the noise through the property will increase. Regarding the conservation easement, he said that the stream should have a stream buffer of at least 100 feet plus an additional width that accounts for slope. He made reference to the formula in the zoning ordinance. He said that the stream buffer should be around 150 feet wide to adequately protect the stream according to existing standards. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to postpone this item to the meeting on March 6t" and that the Planning Director respond to the suggestion of having a Class A private road instead of a public road. VOTE: UNANIMOUS cam. Orancle County Position on NACo Support of Oil and Gas Exploration in the Arctic National 1Nildlife Refuge A motion was made by Commissioner Gordon, seconded by Barry Jacobs that the staff draft a letter to Jane Hague of NACo, with a copy to Ronald Christensen (Chair, Public Lands Steering Committee} apposing drilling in the Arctic National Wildlife Refuge. The letter will be faxed on February 26t" to Jane Hague and Ronald Christensen and a cover letter will be faxed to Peg Reagan, Executive Director of the Conservation Leaders Network. Commissioner Jacobs would like to be sure that the letter includes some expression of support for the alternative of energy conservation and investment in alternative energy sources. VOTE: UNANIMOUS 10. REPORTS a. Efland Sewer Extension Policy The Board was to receive a report on issues surrounding policies regarding extensions of the Efland sewer system. However, this item was postponed to a future meeting. 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to go into closed session "To consult with an attorney retained by the Board in order to preserve the attorney- client privilege between the attorney and the Board," NCGS § 143-318.11 (a}(3} and "to consult with an attorney employed by the Board in order to preserve the attorney-client privilege between the attorney and the Board in the case of Orange County versus Carolina Power and Light," NCGS 143- 318.11 {a)(3). VOTE: UNANIMOUS 14. ADJOURNMENT With no further items for the Board to consider, a motion was made by Commissioner Gordon, seconded by Barry Jacobs to adjourn the meeting. VOTE: UNANIMOUS The next meeting as listed on the regular meeting calendar will be held on Monday, February 26, 2001 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Stephen H. Halkiotis, Chair Beverly A. Blythe, Clerk