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HomeMy WebLinkAboutMinutes - 20021001 APPROVED 11/19/2002 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS October 1, 2002 The Orange County Board of Commissioners met in regular session on Tuesday, October 1, 2002 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Alice M. Gordon, Stephen H. Halkiotis, and Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser, Assistant Manager Gwen Harvey and Clerk to the Board Donna S. Baker (all other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA Item 5c was deferred until the meeting of October 15, 2002 because the representatives could not attend this evening. The Board accepted two additional applications for the Jury Commission (pink sheets) from Bob Hall and Tice Brown. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 2. CITIZEN &AUDIENCE COMMENTS a. Matters not on the Printed Agenda Etta Pisano said that she was speaking on behalf of the Citizens Advocating for the Third High School. She said that she attended the meeting last week of the County Commissioners and the two school boards. She is grateful that the Board of County Commissioners found money for the third high school for Chapel Hill-Carrboro City Schools. She appreciates the creativity in finding this money. Regarding the Southern Community Park, she is here to formally request, on behalf of CATS, that the park site planning be pushed back to the Chapel Hill Town Council for another month or two because CATS has formally petitioned the Town Council in late August to reopen discussion at the town level of a potential swap of that land for other sites that are now available for school land, but which might not be suitable for a school. If the County moves forward on this park, it will take that site out of consideration for a school site. She said that the school board has clearly indicated that they really want a site on the southern end of town. She pointed out that Assistant Superintendent Steve Scroggs has outstanding data to show that the growth is in the southern end of the town. Chair Jacobs said that this issue would be discussed in item 9-a. Commissioner Brown said that she has read about this and the word "swap" confuses her. She asked where the other piece of property was that would be swapped. Etta Pisano said that there are three pieces of property in the southern end of town that were evaluated by an architect. No public entity owns these pieces of land. The proposal is that the school board would purchase the land and then make a swap with the County so that the park could be built on the land that is not suitable for a school. Commissioner Carey asked what Ms. Pisano was asking the Board to do specifically. Etta Pisano said that the town has asked the Board to move forward on the production of the Southern Park. She is asking the Board to send it back to the town for discussion, because this has never been discussed publicly. Commissioner Halkiotis asked Ms. Pisano if she formally asked the Town Council to respond back to her and she said yes. She has received no response yet. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Brown asked about addressing the information, at one of the upcoming work sessions, from the Chapel Hill-Carrboro Board of Education. She wants more time to review the information about the schools (third high school) and delay discussion and defer sending a letter until matters are discussed. Commissioner Halkiotis said that he has not reviewed the tape either that was in the information. He would like to receive a breakdown of where the students who are currently attending the two high schools in Chapel Hill- Carrboro are coming from within the district. Commissioner Gordon said that Steve Scroggs showed a map that indicated where people were coming from. This map will be provided. Commissioner Halkiotis would like to see how many students are coming out of the southern end of the district. Commissioner Halkiotis asked about the Lincoln Center and if that is considered the southern part of the district. Commissioner Carey said that he thought it was the southern end of the district, but others may not. These issues will be put on the October 21 s1 work session. Commissioner Brown said that there should not be a lot of growth in the southern end of the district, because it is built out. Chair Jacobs suggested having the Planning Director at the work session. Commissioner Gordon said that the map that is being referenced refers to where the growth is coming from but it does not show the timing—whether it is the students that are there now or the ones coming up to the high school. She said that the Planning Director has pointed out that some of the growth is coming from existing housing as well as new. She recalls that there was a lot of growth from the southern part of the district. Commissioner Gordon reported on the Schools and Land Use Council meeting. She listed the people in attendance and said that they had a full discussion. She said that there is a letter that the Planning Director will be getting out to all of the jurisdictions summarizing the meeting. The letter will include the time line. She asked what day in October would the Board of County Commissioners discuss the Schools Adequate Public Facilities Ordinance. Chair Jacobs said that we have discussed having a dinner meeting on the 21s1 before the work session at 5:30 p.m. Commissioner Gordon verified that people could be told about this meeting before it is formally set by the Board and that it could be put in the letter to the jurisdictions. Commissioner Gordon reported on the other things that came out at the Schools and Land Use Council meeting such as the 201h day membership. She said that in the Memorandum of Understanding there were some details about the levels of service yet to be determined. As far as she can tell, everything has been determined. The issue that needs more information, though, is the levels of service because the question is whether we can start the SAPFO without triggering a moratorium. The elementary school level is fine, but the question is with the middle and high school level. She said that we are getting closer to implementing the SAPFO. The Schools Facilities Task Force is going to meet again on October 101h and the Schools and Land Use Council is going to meet again on October 161h. Commissioner Halkiotis said that he is getting worried that he has to remind people that we are still in a water shortage and that outside watering is still prohibited. He said that in the last couple of weeks they have been quiet and now he feels that people are not thinking about the drought. He thinks that we should do a press release or something to remind people that we are still in a drought and Lake Orange is still only at 30% capacity. He said that he and Chair Jacobs were at a meeting of the Orange Grove Road Study Group, and the Hillsborough Town Board was up to speed on their water capabilities and how many development permits that they can issue within the water restrictions. He was impressed with their knowledge of how much water they have left. He would like to see the Board of County Commissioners empower the Manager to put some type of mechanism in place to keep water issues in front of the public at all times. Commissioner Halkiotis said that the older he gets the more safety conscious he becomes. He made reference to the lawsuit about the Hog Day incident where a person was hit by a falling branch. He noticed that there are a significant number of trees around the courthouse that need trimming. He asked the staff to look at all of the County properties and look at trees that need to be trimmed. Commissioner Halkiotis said that when he came to North Carolina in 1967 from Massachusetts, he experienced a culture shock with the food and the music. He said that music does so much to transcend cultural barriers and facilitate greater understanding between peoples. He said that the first group he remembers hearing when he came here was Doug Clark and the Hot Nuts. Recently, at the request of the Chapel Hill Town Council, the Board of County Commissioners supported an effort to ask DOT to name a bridge after James Taylor. He thinks it would be appropriate to look at a resolution honoring the memory of Doug Clark because he was out there maximizing opportunities for people in cultural understanding. He said that he was a young man who rose to the surface of the music world. He would like to work with the Clerk to put together a resolution for the next meeting and to invite the Clark family to the October 15r" meeting to honor Doug Clark. Commissioner Brown said that she supports the water issue and wants to know what OWASA has planned and what kind of numbers they have as to how many customers they can keep supporting on this system. She asked the Chair to contact OWASA to see how they are approaching this long term. Chair Jacobs said that this goes back to the issue of having another water summit. He said that people have been more educated since the drought. He would be glad to ask OWASA to make a periodic report on each agenda. Commissioner Brown would also like to know OWASA's long range plan for the drought issues. Commissioner Gordon said that she wants to refresh the emphasis on the groundwater issue and to move forward on the information that we have from the groundwater study. Commissioner Brown said that she had read in the Durham paper where the Durham County Commissioners had advised or strongly recommended that people with wells not use water for outside uses. She asked if we could check into that and see what they are basing it on. Commissioner Gordon said that Ron Holdway was here recently and warned residents about using water from wells because the effect on the groundwater could be delayed for six months or even longer. John Link said that, as a well user, he thinks it would be foolish to wash cars or pressure wash a house. Commissioner Brown wants to let the Board know that she and Commissioner Gordon are co-chairs of the School Campus and Northern Park Site work group. The first meeting was very well attended and they are moving forward on designing the park and school site. The only thing missing were members of the Carrboro Town Council and their staff. She suggested asking in a letter that we would appreciate having Carrboro representatives there. Chair Jacobs distributed a handout on the Orange Grove Road Planning Group meeting. He said that they are dealing with traffic and housing projections within this corridor and looking at options for people to walk and ride a bicycle in this corridor. There was a DOT representative there, Chuck Edwards. He said that they were going to try and identify some possible funding sources for some of the improvements. He pointed out that the 1-40 bridge that goes over Orange Grove Road does not have a walkway, and it would cost $1 million. He said that if it were built when the road was widened, it would be a bit cheaper. He said that there is a lot of undeveloped land with the capacity to totally overwhelm Orange Grove Road and Hillsborough is aware that it is going to have to start matching its development to its water supply. Chair Jacobs also reported on a meeting with representatives from DOT, Mike Mills and his staff. One of the topics discussed was the paving of Arthur Minnis Road, the 800-foot section. There will be a report at the November 6r" meeting about this along with the other issues related to the Tuscany Ridge development. They also discussed the entranceways to two parks—the Little River Regional Park and the McGowan Creek Preserve because there are some traffic problems. Also, he said that we had previously heard that US 70 in Orange County was going to be improved for a six-mile stretch starting at the Durham County line. As part of this, DOT is now thinking of changing some of the traffic patterns at Pleasant Green Road. This would be helpful because the state park has acquired some land at this spot and the potential development would cause increased traffic. Another issue is that a $3 million computerized weighing system is being installed on 1-85/1-40 near the Buckhorn weigh station. The advantage of this is that the trucks can be weighed as they go and not release so much diesel pollution. Chair Jacobs said that the Little River Regional Park Committee also met and there will be a meeting at the end of October. This will be a public meeting for people to come and look at the concept plan and make comments. Chair Jacobs congratulated Margaret Cannell on being named the Director of the Orange County— Hillsborough Chamber of Commerce. Chair Jacobs referred to a letter he received from the Citizens for a Sound Economy that asked that each County Commissioner candidate sign a pledge not to raise taxes. He spoke about why Orange County has to raise taxes and made reference to the State and the mess that the budget is in. He said that there are times when it is more important to do what is right than it is to do what is expedient. He said that if people would not sign pledges like this, our state would be in a lot better shape. He then ripped up the letter. Commissioner Gordon added that part of the plight of local governments includes the fact that our reimbursements were withheld by the State. The Board did vote to raise the sales tax % cent, but this is only going to replace the revenue that was promised by the State. The second thing is that the Board of County Commissioners tried very hard to be responsible with the tax increase. Two cents of it was because the voters had given the Board a mandate on a bond referendum. The last thing is that unless development has very expensive houses, then the County loses money by providing services. She thinks that this is a very fiscally responsible Board. 4. COUNTY MANAGER'S REPORT John Link spoke on the sales tax and the need to act to accelerate the sales tax. The Board does not have to have another public hearing but it does have to adopt a resolution and a 48-hour notice of the intent to adopt the resolution. The Clerk would advertise for this. The Board would also have to indicate to the Secretary of Revenue 30 days prior to the enactment of the sales tax. He referred to page 8 of the hand out, which are the projected receipts of the % cent sales tax effective December 1s'. The County can expect$1.8 million dollars according to the projection calculated by the County Commission Association. This still leaves the County with a $1.3 million deficit from the reimbursements that were supposed to come from the State. Commissioner Halkiotis asked about the chart and why Chapel Hill and Carrboro come out good but Hillsborough does not. John Link said that he thinks it has to do with point of sales. Commissioner Halkiotis asked John Link what he was considering with the $1.3 million shortfall. John Link said that the staff would give a proposed report on October 21 sr. This money has had to come out of the fund balance. He urged the Board to be cautious. Commissioner Carey asked if the reserve set aside for Human Services would be consumed by the cuts. John Link said he could not answer this right now. Chair Jacobs asked for a report from staff on the impacts of the budget at the October 21 sr Work Session. 5. RESOLUTIONS/PROCLAMATIONS a. Domestic Violence Awareness Month Proclamation The Board considered a proclamation designating October as Domestic Violence Awareness Month. Human Rights and Relations Director Annette Moore read the proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2002 WHEREAS, domestic violence, once a secret kept among families, is now recognized as a serious crime in our community, and WHEREAS, domestic violence has severe consequences for survivors, their children and families and impacts on the quality of life of the entire community, and WHEREAS, stopping the cycle of this crime requires not only the resolve and courage of survivors, but also support and involvement from all of us, and WHEREAS, enhanced education, prevention and intervention help increase public awareness of the severity and extent of domestic violence, and WHEREAS, violence in the home is a problem that affects every socioeconomic level in our society, occurring in wealthy and disadvantaged neighborhoods and involving the employed and unemployed, and WHEREAS, domestic violence is generally learned and passed down from one generation to another, and WHEREAS, our society pays a high price for domestic violence through homelessness, increased crime rates, drug and alcohol abuse, increased medical expenses and business losses, and WHEREAS, during the month of October, local, state and national domestic violence agencies will sponsor events to help us focus public attention on the problem of domestic violence, NOW, THEREFORE, do we, the Orange County Board of County Commissioners, hereby proclaim the month of OCTOBER 2002 as DOMESTIC VIOLENCE AWARENESS MONTH and encourage all residents to dedicate themselves to learning about reducing domestic violence and violence against women in Orange County, and further encourage all residents of the Orange County community to support the domestic violence programs in their communities, including the Orange County Commission for Women, the Family Violence Prevention Center of Orange County, the Women's Center and the Rape Crisis Center. This, the 1 st day of October 2002. VOTE: UNANIMOUS Ms. Speaker said that there would be a march that will begin at the Women's Center on October 29'", which will start at 5:30 p.m. Annette Moore recognized the new members of the Commission for Women. Chair Jacobs recognized the Rape Crisis Center and mentioned their names and read an article about how they were awarded the 2002 Non-Profit Sector Stewards' Award. The award was granted for their exemplary work on behalf of client confidentiality. Ms. Speaker spoke about the award and what the Rape Crisis Center does. She mentioned Bob Epting, their volunteer attorney, and said that she wanted to formally recognize him and his work. Commissioner Gordon mentioned that the March for Family Peace on October 29'" conflicts with a meeting of the Chapel Hill Township and Educational Campus Group. She apologized that she and Commissioner Brown would not be able to attend the march. b. Breast Cancer Awareness Month Proclamation The Board considered a proclamation designating October as Breast Cancer Awareness Month. Health Director Rosie Summers read the proclamation. She pointed out that in Orange County in 1999-2000, there were 29 women who died of breast cancer. The overall rate of breast cancer mortality in Orange County in that year was 27.7% for every 100,000. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to approve and authorize the Chair to sign the proclamation as stated below: Breast Cancer Awareness Month 2002 WHEREAS, breast cancer is the most commonly diagnosed cancer and the second leading cause of cancer deaths among women in the United States, and WHEREAS, approximately 5,900 North Carolina women will be diagnosed with breast cancer and approximately 1,200 North Carolina women will die from the disease in 2002, and WHEREAS, every women is at risk for breast cancer even if she has no family history of the disease, but women over age 50 are at greatest risk for being diagnosed with breast cancer, and WHEREAS, a mammogram is the single most effective method of detecting breast changes long before physical symptoms that may be cancer can be seen or felt, and WHEREAS, October is designated as National Breast Cancer Awareness Month, and WHEREAS, the pink ribbon is the internationally recognized symbol of breast cancer awareness, and WHEREAS, community organizations, churches, synagogues, other places of worship, and work sites can play a special role in educating their members or employees about breast cancer, NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim October 2002 as "BREAST CANCER AWARENESS MONTH" in Orange County and urge all North Carolinians to wear pink ribbons in recognition of breast cancer awareness and in honor of North Carolina women who have lost their lives to breast cancer and for those who are now courageously fighting the battle with breast cancer, and do further encourage women to consult with their health care providers about regular screening and to promote early detection of breast cancer by having regular clinical breast examinations, getting regular mammograms, and practicing monthly breast self-examination. This the 1st day of October, 2002 VOTE: UNANIMOUS Commissioner Halkiotis asked about the research that makes Orange County so high in breast cancer diagnoses. He asked if there was some kind of follow up where people can show that there was a lack of medical attention. Rosie Summers said that often breast cancer is not diagnosed early enough to be able to treat it. Sometimes a lump may be small or undetectable. Commissioner Halkiotis said that there was going to be a special on channel 5 tonight about the controversy of mammograms and whether they are effective. Commissioner Carey asked how the rate of breast cancer cases compares with the rest of the State. Rosie Summers said that it was a bit lower than the State as a whole. She noted that there were more deaths in Orange County from ages 40-64. Commissioner Brown asked if anyone could call the Health Department and find out where to get a mammogram. Rosie Summers said yes and that they refer people for mammograms all the time. C. National Disability Awareness Employment Month Proclamation The Board was to consider a proclamation designating October as National Disability Awareness Employment Month. DEFERRED UNTIL OCTOBER 15, 2002 MEETING d. Resolution Establishing BOCC Intent to Form Tri-County Public Entityto Serve as Local Management Entity for Mental Health The Board considered adoption of a resolution of intent to form a three-county public entity to serve as the local management entity for providing mental health, developmental disability and substance abuse services in Orange, Person and Chatham counties. John Link recognized Commissioner Brown who is leading this delegation in working with the other two counties in the process of mental health reform. They have met many times and he is pleased to report that the delegates from Orange, Person, and Chatham Counties have been very supportive. They are recommending that the three counties stay together and develop a strong County Commissioner led governance for the future of mental health. Commissioner Brown mentioned that next Tuesday night, the 8r", there would be a Public Forum on Mental Health where the public can come forward and meet with the County Commissioners and talk about mental health issues. This will be at the Southern Human Services Center. Gwen Harvey said that the day after the public forum, there is a work session planned to begin to further discuss the public feedback and talk more about the next steps. Tom Maynard said that the State has required that OPC Mental Health submit a business plan by January 1st and details of exactly how we would propose to govern the organization. The State has also asked that by October 1sr, which is today, that each County declare its intention. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to adopt and authorize the Chair to sign a resolution of intent to form a three-county public entity to serve as the local management entity for providing mental health, developmental disability, and substance abuse services in Orange, Person, and Chatham Counties. Commissioner Carey said that it is unusual to take an action and then invite the public to speak on all aspects of the plan. Commissioner Halkiotis said that he has the utmost faith in Tom Maynard and OPC Mental Health, and he gets really concerned when he reads that the State has provided no financing plan for the implementation of mental health reform. He said that he read in the paper where they are going to sell the land to developers that Dorothea Dix is located on now and capture the money and buy some land in Butner and build a new facility. He asked if this replaces what they were going to build in Chatham County and it was answered yes. He asked what was going to happen to Umstead. Tom Maynard said that they are going to close Umstead. The new facility will also replace Umstead. Commissioner Brown said that Commissioner Halkiotis has brought up a point and that the lack of funding is so outrageous. She is glad that Tom Maynard is seeing us through this. Commissioner Gordon said that her understanding was that even though there was no financing plan, there was some money. Tom Maynard said all of the money that was in the system is still in the system. The problem is financing the deinstitutionalization of the mental health system and reducing the total system by 700 beds. Commissioner Brown said that there was$75 million set aside for the counties to set up programs and be in a position to supply services to people that were going to be transitioned. This was considered not enough at all, and now there is nothing. Commissioner Gordon said that she could not resist saying that this is another example where we could cut services or raise taxes and we would not be gaining anything. The resolution is stated below. RESOLUTION OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA WHEREAS, N.C.G.S. §122C-115(a) requires each county in North Carolina to provide mental health, developmental disability and substance abuse services either through an area authority or a county program established pursuant to N.C.G.S. §122C-115.1, and WHEREAS, N.C.G.S. §122C-115.1 authorizes counties to enter into multi-county programs created through inter-local agreements pursuant to N.C.G.S. §160A-460, et sec., and WHEREAS, N.C.G.S. §122C-115.2 allows the Board of County Commissioners or two or more Boards of County Commissioners jointly to establish an area authority with approval of the Secretary of the Department of Health and Human Services, and WHEREAS, the Boards of Commissioners of Orange County, Person County and Chatham County intend to form a three county public entity to serve as the local management entity ("LME") for Orange, Person and Chatham counties, and WHEREAS, by January, 2003, Orange County, Person County and Chatham County, through a mutually agreed upon entity, either an area authority or county program, will provide as a joint effort of the three counties, for the development, review and approval of a business plan for the management and delivery of mental health, developmental disabilities and substance abuse services with detailed information on how the area authority or county program will meet State standards, laws and rules ensuring quality mental health, development disability and substance abuse services, including outcome measures for evaluating program effectiveness. NOW, THEREFORE, the Board of Commissioners of Orange County by adopting this resolution establish its intent to form a three-county public entity to serve as the local management entity for the provision of mental health, developmental disability and substance abuse services in Orange, Person and Chatham Counties and, upon the formation of the three-county public entity, the three-county public entity will submit a local business plan in January, 2003 as a joint effort of Orange, Person and Chatham Counties. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS 7. PUBLIC HEARINGS- none 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes The Board approved minutes from the following meetings: May 23, 2002 budget presentation/work session; May 28, 2002 quarterly public hearing; June 4, 2002 regular meeting, June 11, 2002 budget work session, June 17, 2002 budget work session; and, June 18, 2002 regular meeting. b. Economic Development Commission—Three Reappointments The Board reappointed Leslie Carol Weaver, George Horton, and Ruffin Slater to the Economic Development Commission for terms ending June 30, 2005. C. Property Tax Refunds The Board approved four requests for property tax refunds in accordance with the resolution, which is incorporated herein by reference. d. Property Value Changes The Board approved value changes made in property values, resulting in a decrease of$14,637, after the 2002 Board of Equalization and review adjourned in accordance with the resolution, which is incorporated herein by reference. e. Late Applications for Property Homestead Exemption The Board approved two late requests for granting homestead exemptions for the 2002 tax year in accordance with the resolution, which is incorporated herein by reference. f. Change in BOCC Regular Meeting Schedule The Board changed its regular meeting schedule to add a forum on mental health reform issues on Tuesday, October 8, 7 p.m., at the Southern Human Services Center in Chapel Hill. Employee Dental Insurance for 2003 This item was removed and placed at the end of the consent agenda for separate consideration. h. Proposed Environmental Summit and Conservation Award This item was removed and placed at the end of the consent agenda for separate consideration. i. Agreements Renewal Between Health Department,the UNC School of Dentistry and UNC Hospitals The Board renewed and authorized the Chair to sign an agreement with the UNC School of Dentistry and UNC Hospitals for dental resident service at a cost of$44,333 for fiscal year 2002-2003. L Agreement with Certified Nurses Aide Providers for Adult Day Health Program and the Department on Aging The Board approved and authorized the Chair to sign agreements with certified nurse aide providers to support operations of the new Central Orange Day Health Care Program at a total program cost of$145,918, with the County providing $40,000 of that cost. k. Reimbursement to Chapel Hill-Carrboro City Schools for County's Share of Construction Costs of Smith Middle School Playing Fields The Board approved a reimbursement in the amount of$114,058 to the Chapel Hill-Carrboro City Schools for the County's share of construction costs of Smith Middle School playing fields. I. Lease Approval: Temporary Location for Health Clinic During Whitted Building Renovation The Board approved and authorized the Chair to sign a lease of a modular unit from GE Capital in which to relocate the Hillsborough health clinic and some Health Department staff during HVAC replacement at the Whitted Building. The lease would be six months at a total cost of$38,000, including $1,200 per month plus setup costs. M. Lease Approval: Temporary Location for Dental Clinic During Whitted Building Renovation The Board approved and authorized the Chair to sign a lease of approximately 3,600 square feet of office space on St. Mary's Road in which to relocate the Hillsborough dental clinic and some Health Department staff during HVAC replacement at the Whitted Building. The lease would be for seven months at a cost of$25,200. n. Bid Award: Road Tractor for Landfill Operations The Board awarded a bid to Piedmont Truck Center of Greensboro for a road tractor for use in landfill operations, at a delivered cost of$77,950. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA R. Employee Dental Insurance for 2003 The Board considered confirming the County's dental insurance rates for 2003 with no increase in rates paid by employees, and to authorize a renewal with Delta Dental as the County's dental insurance plan administrator effective Jan. 1, 2003. Commissioner Carey asked about the increase in the dental insurance premiums. Personnel Director Elaine Holmes said that for the upcoming year for 2003, there is no increase. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to authorize a renewal with Delta Dental as the County's dental insurance plan administrator effective January 1, 2003. VOTE: UNANIMOUS h. Proposed Environmental Summit and Conservation Award The Board considered a proposal by the Commission for the Environment to hold an environmental summit in March of alternating years to bring together members of environmental organizations and present the State of the Environment report and a proposed new Orange County Conservation award. Commissioner Brown asked about the criteria for the award and who would make the selection. She would want to see this in writing before she feels comfortable with the award. The Board agreed to table this to the October 151h meeting and get more information. Commissioner Gordon mentioned that on page 4 there is some reference to conservation heroes and on the next iteration it is changed and it does not say conservation heroes. 9. ITEMS FOR DECISION - REGULAR AGENDA a. Review and Consideration of the Southern Park Conceptual Plan Committee Report The Board reviewed and considered the report of the Southern Park Conceptual Plan Committee. Environment and Resource Conservation Director Dave Stancil said that the Town Council has approved the plan on March 251h with the revisions. He introduced Pam Hemminger, Chair of the Southern Community Park Conceptual Plan Committee. Pam Hemminger referred to page 17 of the packet. She said that there were at least five items in the park that are not anywhere else in Chapel Hill or maybe even Orange County. She pointed out different aspects of the park on a map. Specifically, there will be two basketball courts, a roller hockey court, a footprint for a future community center and an outside swimming pool, a children's water spray park, a small outdoor performance area, etc. Commissioner Gordon asked some clarifying questions about the map and Pam Hemminger answered satisfactorily. Commissioner Gordon asked about the costs and if it was $3.75 million minus the proposed community center. Bill Webster, the staff support on this project, said that the park would require some type of phasing plan. The numbers are very preliminary. Commissioner Gordon asked about the consultant costs of$100,000 and what the consultant did. Bill Webster said that the consultant is still with them and they are anticipating all of the environmental permitting, DOT permitting, special use process, etc. He said that it did not cost$100,000 yet, but that it has cost$30,000 so far. Commissioner Halkiotis asked some clarifying questions about the park that was answered satisfactorily by Pam Hemminger. Commissioner Carey asked about a sidewalk along Dogwood Drive. Pam Hemminger said that it was not the entire length of the park, it was to the entrance of the trail. They are going to put a footpath on the side and not a sidewalk from the Dogwood Acres side to the trailside. Commissioner Carey asked if the fields would be lit and Pam Hemminger said yes. Commissioner Brown asked about bus access and Pam Hemminger said that they want to make the park as user-friendly to get to as possible. Commissioner Brown asked that the consultant do a map of the greenways and the bus stops. Commissioner Brown said that her interest is if this park is part of a more densely populated area— Southern Village—it would seem that we would take advantage of public transportation issues with the free bus service in Chapel Hill and try to play down the access to it by automobile. Bill Webster said that they could not rely solely on the park and ride lot. Commissioner Brown is concerned about the Dogwood Acres piece and the park negatively affecting the residents of Dogwood Acres. Her concern is the third soccer field. She spoke about the soccer field at Scroggs school. She asked for a rationale for this field. Pam Hemminger said that the committee heard lots of need for soccer fields and Town Council still felt the pressure to add more fields. Bill Webster said that the committee recommendation for two fields was taken to the Town Council and they added the third field. The Town Council has heard so much feedback from soccer groups about the need for fields. Commissioner Brown said that you could not reestablish the natural area once a soccer field is done. She does not support this extra field. She suggested that it not be done in the first phase. Chair Jacobs said that this will come back to the Board and can be discussed in more detail then. Chair Jacobs asked Rod Visser if we purchased a site for recycling at Southern Village recently. Rod Visser said that he does not think that we have a site there but he will research this. Bill Webster said that he has been working with Solid Waste Management Director Gayle Wilson on the recycling site at the park. Chair Jacobs said that he was struck by some of the comments that he has received from citizens who lived nearby who were concerned about the third soccer field. He also heard from a resident living near the dog park who is concerned about traffic issues. Pam Hemminger said that this was recent news to them and they have tried to work that out and perhaps move the dog park area. Chair Jacobs asked why there were no tennis courts or shuffleboard. Regarding the water park, he hopes that there is some educational aspect to it because of the drought. Pam Hemminger said that the water park would not be turned on during severe drought. Regarding the tennis, she said that according to the national statistics, Chapel Hill was okay on the tennis court issue and there is plenty of court space per population. Chair Jacobs said that passive recreation is a rotten term and low-impact recreation is a better way of saying this. Commissioner Gordon asked about the activities for seniors and if anyone asked the Aging Board. Bill Webster said that they did not directly contact any seniors, but they advertised for the public meetings. The park does have trails and seniors liked the paved trails and there is also bocce ball. Commissioner Gordon said that she would be interested in more feedback from the senior community. Audrey Booth, a senior citizen on the committee, said that she thinks the park is fine and she feels confident that it is an adequate plan for seniors. Commissioner Brown reviewed the questions that should be relayed to the Town as follows: a full understanding of the impact on the neighbors on Dogwood Drive, the third soccer field, parking, and the interconnection of Southern Village and Dogwood Acres. Commissioner Brown said that this park was on the bond and the land was purchased in 1988. She does support this park, but the need for many of these facilities on this park are amenities to the Southern Village. Pam Menninger said that they looked for things that were not available elsewhere in hopes of enticing more people than the Southern Village area. Commissioner Gordon said that there were no tennis courts at Culbreth School. She said that people do come in from around the area to this area, so it is a draw for the Southern Park. She would like to ask the Town Council about the status of the petition that was presented to them about swapping land for school. She is not advocating anything, but wants to know where this stands. Commissioner Brown said that there is no land to swap because the Board would have to use public tax money to buy the land. Commissioner Halkiotis asked that we facilitate this process by calling the Mayor. Chair Jacobs is going to see both Mayors on Monday and he will bring it up. b. Economic Development Commission—One Appointment The Board considered one appointment to the Economic Development Commission. Commissioner Brown questioned the procedures in place for having recommendations brought to them for boards. Commissioner Gordon said that she thought that there was a procedure that the Board did not accept recommendations from community development boards or OWASA. She wondered why they made a recommendation. John Link said he does not think that we have instructed any of the voluntary or advisory boards not to make recommendations. Commissioner Carey said that we should not set a firm policy of not accepting recommendations. The Board still has the prerogative to appoint anyone it wishes. The Board agreed to defer this appointment. C. Jury Commission —One Appointment The Board considered one appointment to the Jury Commission. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to appoint Bob Hall for a term to expire June 30, 2004. VOTE: UNANIMOUS d. Orange County Planning Board —One Appointment The Board considered one appointment to the Orange County Planning Board. A motion was made by Chair Jacobs, seconded by Commissioner Gordon to appoint Noah Ranells for a term to expire March 31, 2003. VOTE: UNANIMOUS e. Human Relations Commission —One Appointment The Board considered one appointment to the Human Relations Commission. Chair Jacobs recommending deferring this appointment because there are numerous positions still vacant. 10. REPORTS a. Review Work in Progress and Authorize Negotiation of an Agreement to Secure an External Evaluation of the Orange County Animal Shelter The Board received information on actions underway to address operational concerns at the Orange County animal shelter, considered entering into an agreement with a national humane organization consultation firm to conduct a comprehensive assessment, and provided feedback and direction from the Board on issues they it may wish examined through the evaluation process. John Link said that on September 3rd, the Board asked, after hearing concerns articulated by citizens, that the staff come back with a proposal on a thorough assessment of the operation of the animal shelter. He pointed out three items in the packet—the bullets on page two with concerns and expectations of the Board for the animal shelter, the statutory requirements for County government as it relates to animal control (page 8), and the statement of financial expenses on page 80. Health Director Rosie Summers referred to the documents before the Board. Since September 3ra several actions have been taken in response to items of concern. The most immediate concern was disease management at the shelter. They consulted with some veterinarians to test for disease management. They tried to find veterinarians that have had no previous professional experience with the shelter. They found a veterinarian from NCCU and another one from UNC. They visited the shelter on September 171h. She made reference to a letter from the veterinarians to her, which is on page four. The new arrivals of animals procedure has changed so that all of the new arrivals are placed in a separate room and are not available for public view for seven days. Those that are reclaiming animals will be escorted back to look for them. Cats with kittens have already been moved out of the night drop box area. Also, the non-public areas will be locked. They are also examining the painting contract and it is worse in the yellow wing. They are looking to see if there is a guarantee clause in the painting contract to see if the areas that need paint can be repainted. They will also be looking at replacing the acoustical ceiling tiles. They may be using recycled tiles from the Whitted renovation that will not be used. The bleach solutions and the footbaths are now being changed daily. The shelter staff will also begin using disposable gloves in the isolation room at all times. Each person that comes to the shelter to view animals will receive an oral briefing on the procedures to be followed and in hand sanitizing and footbaths. Rosie Summers made reference to page 7 and reemphasized that the animal shelter is only one portion of what the Animal Protection Society does in Orange County and that there are no County funds that are going into the operation of the wildlife sanctuary. Also, pages 13-31 contain a proposal for a long-term assessment of the shelter. The Board of Health committee will also be meeting on October 101h to review the proposals and to develop additional questions that they would like to have answered in an external assessment. She entertained any questions from the County Commissioners. Commissioner Brown asked if the County would pay APS to hire a consultant. Rosie Summers said that the County would pay the consultants directly and APS would gather information for the assessment. Commissioner Carey verified that APS would make the request and that Orange County would be the co-requester. He said that he would support this. Chair Jacobs asked about the process and who would decide which consultant and the parameters. Rosie Summers said that she would like all of the items that the County Commissioners would like to see such an assessment address. Then they can see which of the two organizations fits the scope of what needs to be answered. John Link said that the time frame is self-driven by the Board and the other interested parties. This could be revisited at a later time. There are no external requirements. Chair Jacobs suggested getting recommendations from advisory boards and especially the Board of Health. Also, the public should make some additional comments to make sure that no issues are left out in the assessment. Commissioner Brown would like to understand why we are doing this. She feels like the County Commissioners need to set some kind of standards and goals before this is passed off. She would rather do this in a work session. Commissioner Halkiotis agreed with Commissioner Brown. He said that the shelter has been a significant investment on the part of Orange County for a number of years. This sends a message that this is a public agency, even though the County Attorney says that it is not. The perception that this is a public agency is clearly there. He said that he is willing to have a special County Commissioners' meeting to make sure that the public is heard. He would like to have a County Commissioner sitting on the APS Board since Orange County has such an investment in the shelter. Commissioner Carey said that he wants to go on record saying that we need an independent study of the shelter and what the proper management tool is for this entity. Commissioner Brown would like to know why we are doing the study at this time because there are issues in the community that need to be addressed. She thinks that there also has to be clarity as to how the APS operates. The organization should be transparent because there is a lot of public money involved. She would also be interested in getting information on having a wildlife component for the County and if is this something we would want to do in the future. She also thinks that there should be continued public comment on operations of the shelter. She said that she supports Commissioner Halkiotis' recommendation of having a special meeting of this Board for public issues and not delegate it to the Board of Health. Commissioner Gordon asked about the best way to move this along and if we could utilize the upcoming meetings to give the Board some feedback or recommendations on some specific points. John Link recommends that the Board begin by supporting the ordinance that was adopted and that having an animal shelter is something that should be continued. Also, the operation of the shelter may continue in the future through a contract with APS or some other method. The focus should be on what the operation of the shelter should be (adoptions, euthanasia, etc.). He suggested asking the Health Department, APS, and the citizens to respond to this question. Chair Jacobs reiterated that the Board appreciates the partnership with APS. He said that it is still one of the best shelters in the State. He made reference to Commissioner Brown's question about why we should do the assessment and said that, since we have a plan and we may build a new site, we ought to be working toward having some kind of long-range strategic plan that goes beyond this partnership. He said that if we are going to build a new facility then we need to address all of these issues now. PUBLIC COMMENT Bonnie Norwood said that many policies at the shelter have ceased to be transparent. She said that she was on the shelter committee. She said that it was brought up by Laura Walters that there are no returned animals. She was shocked and confused because this is not true and there is always returned animals. She said that she brought in documentation to confirm this and shortly after that she received a call from a manager who is no longer at the shelter, telling her that she did not need to bother to show up at the next meeting. She said that there is no education process and no leadership, instruction, or support. She was removed from the board and relieved of her position. She said that she did not want the shelter to be politics. Michael McCarthy has lived in Orange County for 23 years. He said that there are hundreds of people that have put in many volunteer hours at the shelter and that the board of directors is comprised of citizens. He thinks that we have a terrific organization here from the people he has known and from what he has read. Anne Marie Meyer said that she does not want to slam the APS. She brought two dogs to APS and they contracted parvo in the shelter, and as a doctoral student in epidemiology and feeling responsible for them, she made many visits to the shelter. She is very concerned about the public health practices at the shelter. She has documentation of some of the incidences and gave them to the Chair. She said that she was told by two other shelter employees that there had been other parvo cases in the shelter in the two week time period that her dogs were there. She was informed by a reporter that she was told that her dogs were the isolated cases and that there were no other cases. She believes that the practices need to be transparent and she is concerned about the disease statistics. Kerry Clifford said that she spoke to the Board on September 3rtl, and since that time, there has been a watchful eye at the APS. She feels that there are still mistakes that are being done. She said that there was a cat that had been in quarantine for biting someone. It was sent for surgery and she had no warning. She went into the cage with a needle and was bitten. She cannot understand how this cat was then adopted out. She said that rash decisions were made without consideration of what is to come next. She thinks that the management needs to be looked into and an investigation is in order. Judith Reitman said that she is now a new member of APS. She supports the epidemiologist. She said that she has a statement, which is an affidavit from an individual in August who wanted to adopt a dog and was told that the dog had parvo. On the issue of disease statistics, she said that there were statistics through the public records at the Health Department. Since new management took over, the number of animals that have died, apart from being euthanized, has tripled and in some months, quadrupled. She asked if the recommendation of the assessment would be optional or enforceable. Chair Jacobs said that this would be part of the discussion because it depends on the determination of the structure. Judith Reitman said that oversight seems to be the problem at APS and the question seems to be whether the Board of Health is the appropriate agency to continue to have oversight responsibilities. She said that the Board of Health's response has been defensive and in an advocacy position for APS, which brings up the question of whether they can actually implement an assessment without implicating themselves and their own lack of enforcement. Jennifer Reid said that she has worked first hand at the APS and at the wildlife center. She thinks that it is a great idea to have the outside consultant. She agreed that the shelter needs to focus on disease management and implement policies. She said that we are all in this for the same reason, and that is to protect animals. She hopes that the Board of County Commissioners can help in the process of making the shelter the best it can be. 11. APPOINTMENTS 12. MINUTES 13. CLOSED SESSION A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to go into closed session "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding terms of a contract to purchase real property" NCGS § 143-318.11(a)(5). "To consult with the County Attorney in order to preserve the attorney-client privilege between the County Attorney and the Board concerning two matters, one of which is Orange County v. the Nuclear Regulatory Commission," NCGS § 143-318.11(a)(3). VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Brown to reconvene into regular session at 11:35 p.m. VOTE: UNANIMOUS 14. ADJOURNMENT A motion was made by Commissioner Brown, seconded by Commissioner Gordon to adjourn the meeting at 11:40 p.m. VOTE: UNANIMOUS Barry Jacobs Chair Donna S. Baker Clerk to the Board