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HomeMy WebLinkAboutMinutes - 20021119APPROVED 1/21/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 19, 2002 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, November 19, 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, Moses Carey, Jr., and Stephen Halkiotis COUNTY COMMISSIONER ABSENT: Alice M. Gordon COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey, and Clerk to the 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. Chair Jacobs said that Commissioner Gordon is recuperating from a broken foot. She expresses her regrets that she could not be in attendance. 1. ADDITIONS OR CHANGES TO THE AGENDA Chair Jacobs went through the sheets, which were added to the agenda packet. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not an 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 Carey - no comments Commissioner Halkiotis said that the amount of paper he is receiving is overwhelming and that he was delivered the wrong information that belonged to Commissioner Brown. He recycled three boxes of white paper, one box of mixed paper, and two boxes of newspapers. He said that he was wondering what we have accomplished as we have moved toward electronic communications. Commissioner Halkiotis asked the Manager to assign someone on the staff to find out on what roads in Orange County that it is legal to haul 14-foot wide mobile units. He was run off the road on US 70 by a 14-foot wide mobile unit. He thought this was only allowed on the interstates. He measured some of the lanes, and they are only 12 feet wide. He would like to write a letter to the DMV about this if they are not allowed on US 70. Commissioner Halkiotis said that if you get off the New Hope exit off of I-40 at night, it is turning into a truck stop. There were three trucks parked there the other night. He asked if this was allowed. He does not think that this is safe. Commissioner Brown- no comments Chair Jacobs said that the Board of Transportation changed what is permissible on North Carolina highways regarding the movement of the wide mobile homes. He does not know on which roads it is allowed. Chair Jacobs shared a presentation that was made at the Economic Development Commission. The presentation was by the Commission for Women and about being more flexible and accommodating to workers' family needs. He would be interested in having this presentation made to the County staff. Chair Jacobs reported that the 250th anniversary celebration finale would be September 20, 2003 at the Blackwood property. There is mare information to come. Chair Jacobs, Commissioner Halkiotis, and Commissioner Carey met with concerned citizens from Cedar Grove about recreation opportunities in Cedar Grove and they look forward to working closely with these citizens to meet their needs. Commissioner Brown said that she is following up on Commissioner Gordon's memo. Commissioner Gordon wanted the Board to look at three pages of notes about the Long Range Transportation Plan. Commissioner Gordon made some recommendations and suggested that they be put on an agenda in December because the public hearing for it is early in December. The other thing was Commissioner Cordon's interest about discussing the Elizabeth Brady Road issue at our joint meeting with the Hillsborough Town Council in November 21St The Long Range Transportation Plan will be discussed on December 2"d 4. COUNTY MANAGER°S REPORT John Link recognized Judy Butler and Susan Clifford with the Health Department. Judy Butler received the Public Health Staff Recognition Award by Glaxo Smith Kline and Susan Clifford received the Golden Project Award from the North Carolina Public Health Association. Health Director Rosemary Summers introduced Judy Butler and Susan Clifford and described their awards. Commissioner Halkiotis said that there was a story on the Photo Novellas on UNC radio and he was extremely proud that this was going on in Orange County. Commissioner Carey said that he attended the first annual Health of the County breakfast and the group, the Healthy Carolinians, should be commended. He asked Rosemary Summers to speak about the Healthy Carolinians. Rosemary Summers said that the Healthy Carolinians of Orange County is a council that was established as a partnership in 1995 by the County government, UNC Hospitals, and the university (School of Public Health}. Through community assessments a plan was developed to improve critical health priorities. The report last week showed that Orange County is a healthy place to live. She said that this next year they will be involved in a more complete progress report and this will be brought back to the Board of County Commissioners. Commissioner Halkiotis asked John Link to submit this to NACo for their awards program. • H2Orange Update- John Link said that the Hillsborough West Fork reservoir is overflowing as is Lake Orange, and the report from OWASA is that the Cane Creek reservoir is about 90°r6 is full. • Farm Products and Services Directory Agricultural Economic Development Coordinator Mike Lanier presented the website that he created, which has the local harvest guide. This is easier to use and has a lot more features than the hardcopy. He recognized Rodney Ricor, a member of the Ag Preservation Board wha volunteered to do the website. The site is www.orangecountyfarms.org. He explained the features of the website. One of the features includes a farmer's portrait with a profile of the 22 farms in the County. In this website, you can find where to buy farmers' products, driving directions, and availability dates. The website was designed to also provide resources for the farmers such as a calendar of events and a trading post for farmers to buy and sell items. Also, if the farm has a website, you can go directly to the farm's website from this website. Commissioner Carey asked about community-supported agriculture. Mike Lanier said that the concept is to help support local farmers. The farmers sell shares of the produce the winter before the growing season. This gives them money to buy the seed and supplies. Once the produce comes in then the shareholders get a part of the product. A card was prepared with the website address on it. ~. RESOLUTIONS OR PROCLAMATIONS a. Adoption of 2002 Rate Order and 2003 Tolling and Accounting Order Regulating Cable Television in Unincorporated Orange County The Board considered adoption of two orders ("resolutions") that address the rate increases requested by Time Warner Cable {TWC) for service, equipment, and installation in both 2002 and 2003. The County as the franchise authority is certified by the Federal Communications Commission (FCC) to regulate basic cable service, equipment and installation within unincorporated Orange, and these orders are consistent with the exercise of that responsibility. Gwen Harvey said that these two resolutions were prepared by Bob Seppey, the County's cable consultant through the TJCOG. The first resolution is to approve the cable rates for 2002 but includes language that denies the Time Warner rate increase of 26% of the hourly service charge for installation and service calls. This was postponed due to litigation in Smithville, and this remains unresolved. The second resolution is to extend the time to review the rate increases that Time Warner has proposed for 2003. Katherine Rice with Action Audits and Michael Patrick, Chair of the Cable TU Advisory Committee were in attendance to answer any questions. Michael Patrick said that this is to ask the consultants to review the increases through this extension. He said that Bob Seppey had asked that the County not approve the service hourly rate increase because Time Warner has started using a nationwide approach to what it costs them to provide service. This greatly increased the hourly rate that they were proposing. The second resolution is asking the County Commissioners to give the committee additional time to look at the new rates. Commissioner Carey asked if Time Warner implemented the new rate and Michael Patrick said yes. Commissioner Halkiotis said that he ran into Bob Gwen recently, and it was 16 years ago that they discussed this same issue, but the names have been changed. It was a different cable company but it is the same issue. He supports this but he wants to write a letter to NCACC because he quit going to the summer conferences because one of the major sponsors is Time Warner Cable. He cannot go to these conferences and accept their behaviors that have been going an for too long. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the Chair to sign both resolutions, which are incorporated herein by reference. Commissioner Brown said that Time Warner's lack of ability to serve the entire County aggravates her and she thanks the Cable TV Advisory Committee for their diligent work. Chair Jacobs said that the Cable Television Consumer Protection and Competition Act of 1992 was probably written with the help of the cable industry. This is probably why we continue to struggle with this legislation. He said that in this type of legislation, local governments are stripped of authority and large, multi-national corporations can prosper, regardless of the level of service. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS a. 2001-2002 Comprehensive Annual Financial Report (CAFR) The Board received the Comprehensive Annual Financial Report (CAFR) and Single Audit Report for the fiscal year ending June 30, 2002. John Link introduced this item and commended Ken Chavious and his staff and the accounting firm for a good audit. He said that we also had a clean audit report because it shows if the County adheres to guidelines for health services and such. Finance Director Ken Chavious gave a PowerPoint presentation, which is incorporated by reference. The theme of the report is "Weathering the Storm" because of the challenges faced with the budget this year. Regarding the general fund, the total revenues and transfers total $113 million, which is an increase of 4.7% aver 2001. The leading sources of revenue are property taxes (64°~}, sales taxes (14°~), and intergovernmental (12°~). The assessed property value was $9.1 billion in 2002. This was an increase of 23% over 2001, which is due to the revaluation. Far the fifth straight year, tax collections exceeded the budget expectations. The general fund expenditures and transfers included $116 million, which was an increase in 5% over 2001. The leading expenditures include education, human services, and public safety. Approximately 50°~ of the general fund was spent on education. The overall per pupil expenditure was $3,510. Orange County remains number one in the State for education funding. The undesignated fund balance was $11.6 million as of June 30, 2002. This surpasses the 8°~ Local Government Commission recommended minimum. $2.6 million in the fund balance was appropriated for the 2002-2003 budget, which is a 2.9-cent tax rate equivalent. The outstanding debt as of June 30, 2002 was $134 million. This debt was made up of $102 million in bonds and $32 million in alternative financing. The County retired $9 million in debt last year. Grant funds managed $71 million, and the Department of Social Services managed $54 million of this. There were no findings of questioned costs as a result of the audit. The GASB 34 is a new financial reporting model that models traditional financial statements as you see in private industry. This dramatically changes the financial statements. There was a successful implementation of this new reporting model. The audit was positive, with only some minor management letter comments. The County weathered the storm but the forecast is partly cloudy because of the economic uncertainty and the questions about the State budget. There is a break in the clouds with the new sales tax. Eddie Burke said that the County administered the grants in accordance with the guidelines. The tax collection rate of the County was 98.7% and that was great. He found the County easy to work with. Commissioner Halkiotis said that the issue did arise during the election about coming to the defense of County government and he asked about the location of audit reports. Ken Chavious said that they will be located at all libraries tomorrow and possibly an the website. Chair Jacobs asked about the decline in interest revenue, which was unanticipated. Ken Chavious said that he does not like that number and since they adopted the budget, the Federal Reserve System has dropped the interest rate. Chair Jacobs said that in the information section in the ten year trends, the school enrollment admissions have increased by 113 in ten years, and the spending for schools has increased two and half times. This is the single largest item in the County's budget, which shows a commitment to education. Commissioner Carey said that the single audit result is significant and is a commentary on all the County departments. b. Update on Mental Health Reform Planning Process The Board received a presentation to update the BOCC on the draft document outlining the planning, governance, provider network development, service management, access to care, quality management, evaluation methodology, financial management, data management and collaboration components of the Orange-Person- Chatham (OPC} response to the State mandated mental health forum. John Link said that the OPC Steering Committee has been leading this and Commissioner Brown has worked diligently on this. They are at a stage now that they have developed a draft business plan for the three counties in the next month. The plan is to have this ready and approved by all three governing bodies and submitted to the State by January 1 ~. They are planning for the State's commitment to fund this reform. This needs to be tracked every step of the way. OPC Director Tom Maynard said that the Orange Delegation on the steering committee (John Link, Gwen Harvey, and Commissioner Brown) have taken a strong leadership position in the three counties in keeping them focused on the Orange County tradition of being thorough, thoughtful, open, and concerned about local citizens. The plan calls for athree-county program with direct County Commissioner governance. It does not call for mergers with any neighboring counties, but it does call for cost sharing. More providers will be included for clients to choose from. There will be a transparent public process for prioritization. There are no plans for any services to be closed and almost no clients would be excluded from service. The State funding will be restricted. Some services will be de-emphasized and same services will be increased. They are committed to moving toward divestiture. They have discussed changes in language that this plan is contingent on adequate funding and contingent on assessing that there is no harm to local citizens. The Consumer and Family Advisory Committee has asked for some changes, including that they will have access to all of the information that has already been pledged to be made public and that they have some input and control. Commissioner Halkiotis said that he trusts Commissioner Brown and that the State needs to fund the plan to make it work. Commissioner Brown said that this is right, but they have no idea what the State funding will be. They will try to implement the reforms that the State has demanded. She said that a lot of people are confused about this process because the State is not sending back a lot of information. This will be a transparent process and all of this information will be made available to the public. Commissioner Carey asked if any other counties have started a divestiture sooner than Orange County. Tom Maynard said that other counties have committed to divesting much faster than Orange County has and others have prompt timetables. He said that some of our programs are ready to go out on their own and those should be let go and others are not. This item will be back to the County Commissioners by December 10tH c. Adams Tract-Joint Preservation Options The Board received a special presentation and invited public comment on the potential for a joint TownlCountylState partnership to protect the 29-acre Adams Tract in Carrbora for future open space and greenway use. Environment and Resource Conservation Director Dave Stancil said that no decision was required of the Board tonight. The property in question consists of 29 acres of land commonly known as the Adams Tract. This is located near the center of Carrboro. Wilson Park adjoins this tract. The Town of Carrboro has requested that the County participate in funding the acquisition of this property. The Tawn intends to use the property for greenway, open space, and water quality protection purposes. On November 11th the County considered the Town's most recent request, which was that $750,000 of the 2001 bond funds be allocated to this acquisition. The Board prepared some questions as a result of this discussion, and the replies are included in the agenda packet. Apiece of new information is that the Town will receive funding from the Clean Water Management Trust Fund for this project. This item will be placed on the December 2nd agenda for a decision. Richard Whitehead, Assistant to the Town Manager of Carrboro, said that Carrboro would use this land as a vital link to create a comprehensive network of greenway trails and bikeways. They consider this to be one of the most beautiful pieces of land left in Carrboro, and they would like to preserve it for future generations as green open space. Commissioner Brawn said that she is glad that Carrbora has decided to see this tract in this fashion because recently it was being considered far a public utilities facility. She asked about how the existing mountain bike paths would be dealt with. Richard Whitehead said that they would try to prevent any damage to Bolin Creek and would alter the paths if needed for the water quality. Commissioner Brawn asked about the connector road. The reply from the Town says that the connector road is not planned. She asked what this means. Richard Whitehead said that at this time there is not a connector road planned on this property and that this area is supposed to be open space. Commissioner Brown asked about the funding and whether Carrboro would contribute any funding. Richard Whitehead said that there is no funding from the Town of Carrboro at this time. Commissioner Halkiotis said that he has visited this property a couple of times. He said that some consider Carrboro as the Paris of the Piedmont and he is supportive of this idea, but we should tie this up a little tighter. He noted that Richard Whitehead said that "at this time" there is not a connector road planned an the property. This is critically important. He does not want to see a connector road on this property at any time. Commissioner Carey asked about the amount of the grant from the Clean Water Management Trust Fund and Richard Whitehead said $202,000. Commissioner Carey is in support of this project and the County should have a role in this preservation. He said that Carrboro needs to step up to the plate and help finance this project and he shares the concerns about the connector road. Chair Jacobs agrees with this project and he hopes that the staff will condition our contribution such as no connector road at any time. He would also like to differentiate the area with the Bolin Creek corridor (6 acres). He would like to differentiate haw much of the property is going to be considered greenway and how much will be a park. He would expect the park to be a 50-50 partnership with the County and Carrboro. Public Comment: Dave Otto, Chairman of The Friends of Bolin Creek, said that the area that they are interested in includes the Adams Tract. They think that the Adams Tract is very important. This is the first piece of the puzzle that they want to put together of the Bolin Creek Park and Preserve. They will be coming to the Board in the next few months to share their vision. He has been recently appointed to the Adams Tract Preservation Committee. He urged the Board to approve the request from Carrboro and use bond funding for the purchase of this property. He made reference to the bike paths and said that the bikers use it only as an entryway to other trails. He does not think that the bikers would be interested in the Adams Tract. Marty Mandel said that there are great philosophical differences about the Adams Tract. She is on the committee. She thinks everybody loves the Adams Tract but the problem is how to buy it and what to do with it. She said that this property is sa precious and sa fragile and has potential as a natural study area. This property is for sale and when Carrboro proposed to put public works on this property, such an outcry arose that they dropped the whole idea. She thinks that the idea of a greenway along Bolin Creek is a profound goal that many have had. They foresee coming from Jordan Lake, following a greenway up through Chapel Hill, going under Estes Drive, and coming up through the OWASA easement. This goes up to the high school. Because of the Adams Tract's fragility and the upper area, she proposes that this land should fit into the lands legacy plan and this area should be in perpetual conservation. She cannot see a greenway or destructive use in the future. This property needs to be protected and used as a study area. The greenway could be put on the OWASA easement. She asked for the Board's help in this. She gave a map to the Manager, which shows the Bolin Creek sewer line. Deborah Rigdan is an adjacent property owner to the Adams Tract. She and her husband have managed the Homestead property. This is one of the oldest deeded farms in Orange County and the deed goes back to 1759. She said that this property is very much like it was back in 1759. She said that this property was part of Orange County until 1995 when Carrboro involuntarily annexed it. They are nervous about this property being taken and misguided. Her concern is that this property be protected. She wants guidance and protection to save this property and she asked the Board of County Commissioners to protect this area. Brad Rigdon said that he has been managing this property for 27 years. He would like to urge preservation. He envisions a botanical garden model without the structures. Wilson Park is already there for parking, restraoms, etc. He clarified that the property is really not trashed by bikes because mast of the park cannot be traversed. He constantly pasts the property for liability issues, but the signs get torn dawn. He said that the young trees in this area are over 100 years old. Boyd Blackburn is on the Adams Tract Preservation Committee. He said that they do not have a conceptual plan yet because they want to get public input once they are sure that they can acquire the property. The emphasis is on preservation throughout this process. He encouraged that the time is right and we should not wait for another year. The Town had the property appraised at $1.3 million. The Adams sisters talked about wanting $2 million for the property, but they are now more flexible and willing to negotiate. They are in the process of getting other funds. Regarding tying up the property, he encouraged the Board to think about appropriate warding to tie up the property for preservation. Commissioner Brawn asked Dave Stancil about the Clean Water Management Trust Fund money and said that she read in the paper that the $200,000 had already been given to the Town. She does not understand what the rush is. Dave Stancil said that the money was awarded in November by the trust fund. It appears that some of the timing issues were taken care of by this action. Commissioner Brawn asked about the matching grant. Dave Stancil said that he has not seen a response from the trust fund and he does not know if there is an expectation of a match. Commissioner Brown said that the responses on pages 8 and 9 do not match up to the Town's responses. Dave Stancil said that this information may have been given prior to the submittal of the questions. Commissioner Brown asked if there is reluctance on Carrbora's part about contacting OWASA about the greenway. Richard Whitehead said that he would bring this to the Carrboro Planning Department. Commissioner Brown said that she is enthusiastic about purchasing this property, but a lot of things must be ironed out first. She does not think that it is urgent. This can be done within the next couple of months. There are some money discrepancy issues and Carrboro should become a financial partner in this. She does not see this being brought back by December 2"d Chair Jacobs said that if there is not a matching requirement, then there is time to negotiate on some of the concerns of both boards. The first order of business would be to nail down the timeframe and the payment options. Maybe all of the money does not have to be presented all at once. Commissioner Brawn asked County Attorney Geoff Gledhill about tying up the property forever. Geoff Gledhill said it is difficult to preclude a government from condemning property and he will look at this. 7. PUBLIC HEARINGS a. Public Hearing for Durham Technical Community College Satellite Campus Site The Board received public input on specific sites that may be available for sale in Central Orange County for consideration by the County Commissioners and representatives of the Durham Tech Board of Trustees as a Durham Tech satellite campus. Purchasing and Central Services Director Pam Jones said that in June, the Board adopted a selection process that would incorporate the public input. The suggested criteria are in the abstract. The site should be approximately 20 acres, it should be centrally located within the county, and it should be close to public transportation and/or major roadways. The cost of the land and the site development costs are of concern. It should also be compatible with surrounding land uses. This public hearing kicks off the selection site process. The Site Selection Committee would narrow down the sites and bring it back for another public hearing. The recommendation should be made by late spring. Construction should be finished by 2006. The Site Selection Committee consists of the County Commissioners, the Board of Trustee representatives that live in Orange County (Dr. Maryann Peters and Anne Barnes). Public Comment: Jack Smyre, the planning consultant for Waterstone in Hillsborough, reminded the Board that the master plan for VIlaterstone continues to indicate that this would be an excellent site for the satellite campus because it meets all of the site criteria. He said that they are on a timeline such that their review schedule will mesh with the site selection process. The construction schedules are also similar. Commissioner Halkiotis asked about the size of this site and it was answered 20 acres. Commissioner Brown asked if he was giving the land or selling it. Jack Smyre said that he was selling the land. Commissioner Brown asked about the approval of this project and it was answered that this project has not been permitted. Commissioner Brown said that she does not think that the Site Selection Committee should assist this project in getting permitted. Jack Smyre said that he thinks that they would be ahead of this process and this is not the intent. He said that it would be an economic loss to sell the land to the County. Allen Spalt made reference to the public hearing an the site last spring. He thinks this is a terrific idea, but he is nervous about the discussion of this as a 20-acre site. He has been to several in North Carolina, and they tend to be automobile-oriented. And he does not think that this is the best that the County can do far this project. He hopes the committee will look at the best way to do this, and maybe it will not be on a 20-acre site. Chair Jacobs said that they have had these discussions with Durham Tech and they are receptive to looking at things differently. Commissioner Brown said that the 20 acres does not encourage or say that there are alternatives to the 20 acres. She would like to add this to the language. She is also interested in the co-location of other County facilities within this community college. The most obvious thing would be a library. She said that there is extra property located near Cedar Ridge High School. She thinks this is owned by the school system. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS Chair Jacobs suggested conducting the next public hearing and dealing with the consent agenda and the APS contract. One of the December meetings could be started early to catch up an everything. Commissioner Halkiotis said that we never catch up. Commissioner Brown said that the SAPFO decision item needs to be established when and where it is going to be addressed. b. Public Hearina on Alternative Capital Financina Plan The Board conducted a public hearing on matters related to the Alternative Capital Financing Plan approved by the Board on September 3, 2002 and considered action on items to facilitate the acquisition of funds needed for the projects. Ken Chavious said that the Board adopted a plan in September that includes capital projects to be funded by the initial sale of 2001 bands and projects to be alternatively financed. The Board also approved a schedule that set forth the dates for both initiatives. The staff has pursued an RFP process to finance $3,475,000 worth of projects. These projects include renovations to Orange High School at $950,000; conservation easements at $1 million; land for the Durham Tech Satellite Campus at $1 million; and renovations to the Orange Enterprises at $525,000. The preliminary application far approval of the financing has been sent to the Local Government Commission. The LGC requires a public hearing on the proposal. This proposal had the lowest interest rate at 4.22%. The action is to conduct the public hearing, accept the proposal from BB&T, and adopt the resolutions. Commissioner Brown asked about the interest rate and if there were any other bonds near this rate. Ken Chavious said that the last bonds that were sold in July were at 4.20%. Those were GO bonds, and this is a bank loan. It is an excellent rate. Public Comment: Kathy Bryan from Orange Enterprises thanked the Board of County Commissioners for the support of their program. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to close the public hearing. VOTE: UNANIMOUS Resolutions: A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolutions as stated below: Resolution supporting an application to the Local Government Commission for its approval of a financing agreement - 2002 Private Placement Installment Financing WHEREAS - Orange County has previously approved in principle the undertaking and financing of the following described projects by the use of an installment contract, as authorized under Section 160A-20 of the General Statutes: Renovations to Orange High School $950,000 Land acquisition for public buildings $1,000,000 Acquisition of easements and other property $1,000,000 interests for conservation purposes Renovations and improvements to County $525,000 building used by Orange Enterprises The County's undertaking of the financing was the subject of a public hearing held earlier today on November 19, 2002. Under the guidelines of the North Carolina Local Government Commission (the "LGC"), this governing body must make certain findings of fact to support the County's application for the LGC's approval of the County's proposed financing arrangements for the projects. 1VOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Orange County, North Carolina, makes the following findings of fact: 1. The proposed projects are necessary and appropriate far the County under all the circumstances. The projects as a whole have been approved as part of the County's long-term capital improvements program. The proposed renovations and improvements to Orange High School and the County building used by Orange Enterprises are appropriate to prolong the lives and enhance the levels of service provided by those buildings. The County land acquisition is appropriate as part of the County's long-term plan to bring additional community college services to the County. The acquisition of easements ar other property interests for conservation purposes will enhance the natural environment and quality of life of the County's residents. 2. The proposed installment financing is preferable to a bond issue for the same purpose. The County has no meaningful ability to issue non-voted general obligation bonds for these projects, and these projects will produce no revenues that could be used to support aself-liquidating financing. The County has chosen to finance these particular projects by installment financing in connection with proposing other projects for financing by general obligation bond issues, and it is appropriate for the County to balance its capital finance program between bonds and installment financing. 3. The estimated sums to fall due under the proposed financing contract are adequate and not excessive for the proposed purpose. The County has obtained competitive lending proposals, and will closely review proposed lending rates against market rates with guidance from the LGC. 4. As confirmed to the Board at this meeting by the County's Finance Officer, (a} the County's debt management procedures and policies are sound and in compliance with law, and (b) the County is not in default under any of its debt service obligations. 5. The proposed projects described above are part of a larger County capital improvements program. This program includes some $75,000,000 of County general obligation bonds and a variety of other financing. Although the County expects that there may be tax increases associated with the overall program, any tax increase attributable to the current proposed financing will be minimal. The County bases this expectation on its expected interest rates and term for the current proposed financing. 6. The County Attorney is of the opinion that the proposed projects are authorized by law and are purposes for which public funds of the County may be expended pursuant to the Constitution and laws of North Carolina. BE IT FURTHER RESOLVED that the actions of the County's Finance Officer in filing an application with the LGC for its approval of the project and the proposed financing arrangements are authorized, ratified and approved, and that this resolution takes effect immediately. Resolution Providing Final Approval Of Financing Terms and Documents -Installment Financing Protects WHEREAS: The Board of Commissioners of Orange County, North Carolina, has previously determined to carry out a financing plan for the acquisition and construction of renovations to Orange High School and the County building used by Orange Enterprises, along with acquisition of land and other property interests for public buildings and property acquisition purposes {the "Projects"}. BE IT THEREFORE RESOLVED by the Board of Commissioners of Orange County, North Carolina, as follows: 1. Determination To Proceed with Projects -- The Board confirms its decision to carry out the financing plan for the Projects. The County will finance the Projects through Branch Banking and Trust Company, in accordance with the BB&T proposal dated October 28, 2002. 2. Determination to Acquire Property -- The intended financing plan for the Projects contemplate the County's acquiring the Orange High School property from The Orange County Board of Education (the "School Board"), and imposing a lien on that property to secure the County's repayment obligation for the entire financing package. The Board approves the County's acquisition of the Orange High School property for this purpose. The Board notes that the School Board approved this property transfer on November 18, 2002. 3, Direction To Execute Documents -- The Board authorizes and directs the Board's Chair to execute and deliver, on the County's behalf, financing documents (the "Documents") in such forms as the Chair, on the Finance Officer's advice, may approve. The Documents in final form, however, must provide for the amount financed by the County not to exceed $3,475,000, for an annual interest rate not to exceed 4.22°l0 {in the absence of default ar change in tax status), and far a financing term not to extend beyond December 31, 2017. The Board expects that the Documents will include the agreements described in Exhibit A. 4. Authorization to Finance Officer To Complete Closing -The Board authorizes and directs the Finance Officer to hold executed copies of the Documents, and any other documents authorized or permitted by this resolution, in escrow on the County's behalf until the conditions for the delivery of the Documents have been completed to such officer's satisfaction, and thereupon to release the executed copies of such documents for delivery to the appropriate persons or organizations. Without limiting the generality of the foregoing, the Board specifically authorizes the Finance Officer to approve changes to any documents {including the Documents and any closing certifications} previously signed by County officers or employees, provided that such changes shall not substantially alter the intent of such documents from that expressed in the forms of such documents as executed by such officers. The Finance Officer's authorization of the release of any such document for delivery will constitute conclusive evidence of his approval of any such changes. 5. Resolutions As To Tax Matters -- The County will not take or omit to take any action the taking or omission of which will cause its obligations to pay principal and interest components of installment payments under the Financing Agreement {as described on Exhibit A) (the "Obligations") to be "arbitrage bonds," within the meaning of Section 148 of the "Code" (as defined below}, or "private activity bands" within the meaning of Code Section 141, or otherwise cause interest components of the installment payments to be includable in grass income for federal income tax purposes. Without limiting the generality of the foregoing, the County will comply with any Code provision that may require the County at any time to pay to the United States any part of the earnings derived from the investment of the proceeds made available to it under the Financing Agreement, and the County will pay any such required rebate from its general funds. For the purposes of this resolution, "Code" means the United States Internal Revenue Code of 1986, as amended through the date of the initial delivery of the Financing Agreement, including applicable Treasury regulations. 6. Obligations Are "Bank-Qualified" Obligations -- The County designates the Obligations as "qualified tax-exempt obligations" far the purpose of Code Section 265(b)(3}. 7. Authorization to School Board Attorney -The Board authorizes and approves actions taken and to be taken by the School Board's attorney in connection with the conveyance of the Orange High School property to the County and in obtaining a title insurance policy on that property for the County's benefit. The Board waives any conflict that may arise between such activities on the County's behalf and the attorney's representative of the School Board. 8. Miscellaneous Provisions -- All County officers and employees are authorized and directed to take all such further action, as they may consider necessary or desirable in furtherance of the purposes of this resolution. All such prior actions of County officers and employees are ratified, approved and confirmed. Upon the absence, unavailability or refusal to act of the Chair or the Finance Officer, the County Manager may assume any responsibility or carry out any function assigned to the Chair or the Finance Officer in this resolution. All other Board proceedings, or parts thereof, in conflict with this resolution are repealed, to the extent of the conflict. This resolution takes effect immediately. Exhibit A -- Draft Documents (a} A Financing Agreement and Deed of Trust to be dated on or about December 10, 2002, from the County to a deed of trust trustee for the Bank's benefit of Branch Banking and Trust Company ("BB&T"), providing for the advance of funds to the County, setting forth the County's repayment obligation and imposing a security interest in a portion of the Projects {consisting of all or a portion of the Orange High School property} to secure the County's obligations under the Financing Agreement. {b} A Project Fund Agreement to be dated on or about December 10, 2002 (the "Financing Agreement"), between the County and BB&T, providing far the custody of financing proceeds pending their expenditure on costs of the Projects. The County expects that the Financing Agreement and the Project Fund Agreement will be in forms substantially similar to those used by the County in prior financings with BB&T. {c) A Lease Agreement to be dated on or about December 10, 2002, providing for the County to lease the Orange High School property back to The Orange County Board of Education (the "School Board"}. (d) An Agency Agreement to be dated on or about December 10, 2002, providing for the School Board to undertake the acquisition and construction of the planned improvements to Orange High School as the County's agent. The County expects that the Lease Agreement and the Agency Agreement will be in farms substantially similar to those used by the County in prior installment financings for school improvements. VOTE: UNANIMOUS 8. Items far Decision--Consent Agenda A motion was made by Commissioner Halkiatis, seconded by Commissioner Brown to approve those items on the consent agenda as stated below: a. Minutes The Board approved minutes for the following meetings: August 20, 2002 regular meeting; August 26, 2002 joint public hearing; September 3, 2002 regular meeting; September 9, 2002 work session; September 17, 2002 regular meeting; September 23, 2002 joint meeting of BOCC and school boards; October 1, 2002 regular meeting; and October 8, 2002 BOCC mental health public forum. b. Appointments -None c. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution, which is incorporated herein by reference, related to 94 requests for motor vehicle property tax refunds. d. Budget Amendment #6 The Board approved the budget ordinance, capital project ordinance and grant project ordinance amendments for fiscal year 2002-03 related to the Department of Social Services (child care subsidies}, Health Department (Healthy Carolinians}, Sheriff's Department (COPS MORE 02 grant and grant for Deputy Sheriff positions), Housing and Community Development (CDBG for IDA program and funding for Residential Services, Inc.}. e. Food Service Establishment Plan Review Fees The Board approved the fee schedule for food service establishments authorized by North Carolina General Statute 130A-248, Section 29A.16 f. Additional Fees for Personal Health Services at Health Department The Board approved fees for the Mirena IUD and the Uricult laboratory test to be effective December 1, 2002. g_ Agreement Renewal with School of Dentistry for Dental The Board renewed and authorized the Chair to sign the agreement between the Health Department and the UNC Dental School for the services of Dental Director. h. Housing Rehabilitation Contract Award The Board awarded one housing rehabilitation contract for the CDBG Housing Rehabilitation Program for 246 Harper Street, Hillsborough, for $19,295. i. Ingress Easement to CCB at 118 N. Churton Street The Board granted a permanent 20-foot wide ingress easement along the north side of the recently acquired Graham Building at 118 N. Churton Street, Hillsborough to Central Carolina Bank (CCB). L Lease Renewal -Sawyer Building, 110 N. Churton Street The Board renewed and authorized the Chair to sign a lease for property at 110 N. Churton Street, Hillsborough, currently used as offices for the Child Support Enforcement Department. k. Bid Award: Meadowmont Recycling Area The Board awarded a bid for construction of the recycling site at Meadowmont to C. J. Mac Isaac Construction of Eden, North Carolina at a cost of $24,900 and authorized the Purchasing Director to execute the necessary paperwork. I. Board of Commissioners Meeting Calendar for Year 2003 The Board considered final approval of the regular meeting schedule for the Board of Commissioners for calendar year 2003. NOTE: Commissioner Gordon had asked that the Board approve the calendar with the exception of one date in February. Chair Jacobs suggested that the Board approve the calendar and then change the date if needed since it is a work session. VOTE ON CONSENT AGENDA: UNANIMOUS 9. Items for Decision--Reaular Agenda a. Contract for External Evaluation of Oranae County Animal Shelter The Board considered authorizing a contract with the Humane Society of the United States (HSUS) for an evaluation of the operation of the Orange County Animal Shelter. The following has been transcribed verbatim, per the request of County Attorney Geoffrey Gledhill. John Link: Mr. Chair, you may recall at an earlier meeting we brought forward the framework far a contract with the Humane Society of the United States. We had some comment and good suggestions from the Board of Commissioners and others. VIle are bringing back the recommended agreement with the Humane Society of the United States at a proposal amount of $18,500. They will be addressing all of those items that had been brought up earlier, including the operations of the present animal shelter, including the guidelines for adoptions, guidelines for euthanasia, guidelines for fiscal control, the governance of the shelter by APS. All of those issues and ideas are going to be addressed. The actual items that they are going to cover are listed an page six of their proposal, it's also page nine as it relates to the overall abstract material. Also, since the last meeting in which this was discussed, Dr. Summers and Assistant County Manager Gwen Harvey have been working with the Dispute Settlement Center, specifically with Andy Saks, to talk about the parameters by which they would help the public process of having focus groups, having citizens be able to express themselves in groups of discussion and so forth. I'll let Rosie and Gwen speak more to that in terms of what their discussions with Andy were. That amount, based on our preliminary discussions, would be another $2,500 or so, making the total cost of the process and analysis of the present animal shelter as it's run by APS is something in the neighborhood of $21,000 as a total cost. We are recommending that that money come from the fund balance that can be replenished with the advent of the additional half-cent sales tax beginning the first quarter of next calendar year. So tonight, we are recommending that the Board proceed with the contract with the Humane Society of the United States, and also proceed with further refined discussion and negotiation with Andy Saks and the Dispute Settlement Center for them to help us in the public process. Rosemary Summers: I only have one thing to add in the discussions with Mr. Saks. He is not available to begin the project until January. That actually does not delay our project that much, because there is the initial period where the APS would have to gather the data to send in to the HSUS consultation team. So those things would overlap Mr. Saks' starting the project for the focus groups and the APS staff gathering information that the HSUS requests of them. So it dovetails fairly nicely in that regard. I will say that the one thing that is not included in the cast that may be a small additional charge is if the Board wishes to have the HSUS staff, a staff member come and actually present the findings to a joint Board meeting, their expenses are not included in the proposal. As we discussed that with them by telephone, they said that they would only need to cover the costs of their plane fare and their hotel stay to do that. They are more than willing to consider doing that. I would be happy to answer any questions. Commissioner Halkiotis: I would like to speak to that, because I think that's critically important. If the audit report was done by Ken Chavious and presented by Ken Chavious, it doesn't have the same validation to it as an outside agency that comes in. And I think it's really powerful that that particular piece needs to be done by the agency that does the study. If you were to present it, somebody may object to that. If somebody else were to present it on staff, there could be objections to that. Having the group present the study that did the study, I think is a powerful message, and I personally would subscribe to doing that. Rosemary Summers: Well, we in fact had that idea after we got the original bid from them. Commissioner Carey: I might comment that at the Board of Health meeting last week, the Board of Health shares that view that you just expressed. Commissioner Brawn: I just had one question about this Dispute Settlement Center process. It says here that suggested groups, residents would be selected who have adopted from the shelter, and those who have been rejected for adoption and other groups. I guess I was maybe concerned about how groups would be chosen. Rosemary Summers: One of the things that Mr. Saks has suggested is that we would farm a small steering committee with him to help select the groups, to define the groups that would actually be selected and included in the focus groups. He suggested that that steering committee be a small group, but be representative of different viewpoints. And then we could come to an agreement in that group about who would be the content of the groups themselves. So that there might be a group held in the northern part of the County, there might be a group held in the southern part of the County. There would definitely be general public groups where there would not be any selection process of who made up those groups. But there also may be a group of volunteers from the APS that would make up one focus group. The steering committee would determine and make recommendations about what kinds of groups those would be. Commissioner Brown: I just had one other question about the information that the HSUS asked for. I think it's on page nine. I don't know that I have ever seen, under number eight, Human Resources, the organizational chart for the management at the shelter. Nor have I ever seen a salary scale or benefits, that whole piece that APS offers. Does it exist? Rosemary Summers: Yes, it does. Commissioner Brown: Have we received it and I just missed it somehow? Rosemary Summers: The Health Department has received it as part of its budget review of the shelter. I remember seeing it in the year 2000 when we did the extensive review. Commissioner Brown: Two things come to mind. I really wanted to look at the benefits issue, because as you know the County is very interested in living wage. I just wanted to see what their benefits package was and their salary schedule and the organizational chart. Could you forward that on to us? And I guess you would include that in this information that HSUS would want. Rosemary Summers: Sure, we can do that. Commissioner Brown: And the other thing, and I don't see it listed in here. But, I know there is a philosophical debate going on about euthanasia and trying to save animals that are ill and so on as opposed to euthanizing to control disease. I wonder if we could put that in as an issue that comes forward, because I think that's one of the problems that is under dispute. Which way do you go and how people accept either of those processes. John Link: I think that's a goad point because as I read the material that we've had to date, the elements of disease control, adoption, and euthanasia seem to certainly intertwine, and I think it would be good for us to have a clear understanding of how they relate to each other and what's the best practice for all three. Commissioner Brown: Exactly. I'm sure there is same warding far that that everybody would understand, I just don't know it. Rosemary Summers: We can certainly include that concept Chair Jacobs: I agree with that. In 2000, when we did the review, we insisted on living wage. In fact, that was included in the APS contract. Clarify something for me. You referred to having meetings in the north and the south or to have meetings of people from the north and the south parts of the County? Rosemary Summers: It was actually to have them geographically so that people who live in those areas would feel mare comfortable and have better access to thaw meetings. Chair Jacobs: Good. John Link: That's exactly how we discussed it. I'm glad you raised that point. It's simply, should we not have two geographical locations so that it was more convenient, but if folks wanted to travel from Chapel Hill to the site up here or vice versa, that would certainly be encouraged. Chair Jacobs: And I have an additional concern about the mediation. One of the things that was included in the documents that we received previously about other studies said that they had called some of the other entities that had done these studies and they found that if there was, whatever you want to call it, disagreement beforehand, that the study didn't necessarily lay to rest the animosities that led to the study in the first place. It may address some of the structural issues. I would like to see us include some kind of process for doing both as the HSUS is working, and if necessary, beyond, to have a smaller group of representative people which we would choose to keep meeting to try and address some of the issues that may or may not be addressed by HSUS. But to actually have mediation, so that we can get to the bottom of what some of the animosities are. Because otherwise, we might wind up, in some ways, being in the same place that we were when we started. We may have a more efficient, or more humane, ar more open process, but with people who are still antagonists in the community, within APS, and therefore not have a functional solution. So I would at least like to see us talk some more to Andy Saks about having a more focused mediation, ongoing beyond just the sort that would provide general information to HSUS, but would actually bring together some of the parties who have been at odds, to see if we can't make some progress on that score. Find out, just some ballpark figure, what he would envision. Maybe he won't even knave until we do the large meetings, but I would see that as an integral part of this process. Otherwise, I think it's an incomplete process. Rosemary Summers: Based on my conversation with him, he would not make that decision until he after he saw what happened with the focus groups themselves. He was concerned about the fact that there may be something underlying this that would make it difficult for a public process to be effective. However, as this clarifies once the focus group data comes in, that picture may be clearer. Commissioner Carey: It is entirely conceivable, I think you're right that if indeed there is still this consternation in the community after this process is completed, it is entirely conceivable that some of the decisions that the County will have to make about its role and its responsibility will help clarify some of the issues. And then, only after then, will this continuing process may be effective. There are same unknowns out there that we can't address until this process and this study completes itself. VIle are responsible for a portion of this that would have to be dealt with. And we will have to deal with that to make sure that our interests and the County's interests and our statutory responsibility is being met and taken care of in the most efficient way. Chair Jacobs: I just don't want to also inherit the animosity. The animals yes, the animosity no. Commissioner Halkiotis: Well, what you may inherit, you may not be able to control. That's just part of life, just be thankful when you wake up tomorrow morning. I want to just reiterate what Barry just said, and I think it's critically important that there needs to be another piece to this that has to bring some folks to a table and bring some closure to some issues. And some people are going to have to give up some things and some people are going to have to pick up some things. If there is anybody that can do this work and do it well, it's Andy. We gave him his birthing money many years ago to get that group going. And he's been very successful, and I've had an opportunity to work with him on a couple of projects. He's taken same people who have been at same extreme positions, and through a very interesting process, and a lot of it is his personality and his skill level, and I'm firmly convinced a lot of the things he does you cannot teach people to do. You are born with those things, they are flowing in your DNA chain, and you're in his chain. I think he can accomplish many of the things that Barry just spoke about. Because if he can't, nobody can. And then the other option is in the end, is what Moses just said. We have a statutory responsibility. And I'm prepared to move forward on that statutory responsibility. I've talked about this on numerous occasions over the years. There comes a paint in time where the debates have to stop, everybody has to give up some things, pick up same things, and we have to move on. And I think what Margaret said earlier is critically important. I also see the whole issue of euthanasia as a significant piece to all of this. The philosophies are apparent in discussions I've had with people. The one option is to take these animals out of the picture when you've got disease that's rampant. And another group, save the animals at all costs. I'm not going out and putting animals to sleep. I'm not going to engage in either argument. I can see both sides. But when the argument is so pervasive and rips the program to the length that it's ripped it, there's a point in time we have to make a decision and we're going to have to say it's all going to stop, and then we need to move on with it. That's just decision time, and it comes at the end of the road. That's the last option, the five of us. Or the four, and the one with a broken foot who shall return, and then the decision will be made. Commissioner Brawn: Having a person come back and defend or answer questions about the report is something we want to do. I think it would probably add maybe $800 to the total cost. Rosemary Summers: They said they were willing for us to shop around for the lowest rates for them to come back. Public Comment Chair Jacobs: We have two people who signed up to speak. I just encourage you in the interest of time to be as brief as you can. Elliot Cramer, followed by Judith Reitman. Elliot Cramer: I am glad that this is left in the hands of you five people, because I trust the judgment of you five people. But I am concerned that the problems are not going to be solved by this review because I think the problems are much more than mere differences of opinion. I'm sure you read in the newspapers of the latest actions of the APS board. I believe that the officers and board of APS are guilty of malfeasance in denying my request to review and copy the membership list and illegally changing the bylaws, taking voting rights away from the membership. They have been aided by their attorney, whose practice, I understand, has been mostly devoted to criminal matters, and I hope this irony is not lost an you. I believe that you should be concerned about the unlawful way APS is being run. And I believe that funds should be withheld from them, pending a compliance audit. In addition, I previously called your attention to the fact that the shelter reports required under your contract are seriously in error. Approximately 100 animals were miscounted for in July, August, and September. And I wrote to Dr. Summers, saying, "These errors cannot be corrected by manipulation of numbers in the report itself. The reports state that in shelter is based on physical count of animals. That's what APS says. And I presume that APS can do that correctly. It seems clear there are fundamental errors in record keeping." That's what I told Dr. Summers. Now, Laura Walters has now, "corrected these errors." I've seen the several thousand animal reports in disorganized piles, which Ms. Walters has submitted to Animal Control. It took me several hours to sort through them to find the September reports, which I wanted to investigate, trying to follow up on this. This alone is indicative of the record keeping at APS and explains their gross reporting errors. APS could not possibly correct these reports, given the attitude towards record keeping, which has been reported to you by former employees. I have here given to you, the original and "corrected September reports." The number of animals in these two versions of the report differs by $5 animals. Bath figures are reportedly, "based on physical count of animals." I can only suppose that Ms. Walters obtained the assistance of the Parapsychology Institute in performing this new count that she has done now of actual animals. Naw, is APS lying now? Was APS lying a month ago? Does APS habitually lie about their statistics? I have heard Ms. Walters glibly tell the APS board that there were only four adopted animals returned to APS in September. I didn't believe her then, I don't believe her now. She previously told Claudia Sheppard, an APS board member, that APS didn't have returned animals. The employee who contradicted her was fired. I believe that APS is guilty of fraud in submitting these blatantly false reports, and I believe that you should investigate this. If there were intelligent life leading APS, they would have fired Laura Walters long ago. Now, the APS attorney, Mr. Merritt, attacked me at the last APS meeting, challenging my ethics for putting into the record a statement by Deputy Ann Clark of things that were going on under Laura Walters' leadership in Arkansas. Well, I didn't put it in the record. He asked me if I knew these things were true, and I said I didn't know, but I believe them, and I was pursuing independent verification of it. And put a supporting statement that I just received by fax today into the record. It is not notarized, but I'm sure we can get a notarized statement for you. Thank you. Chair Jacobs: Thank you. Ms. Reitman. Judith Reitman: I'll be short. I support what Elliot said. But I really think you're fabulous in what you've gone through, and you've let us speak. It's thrilling forme as an investigative reporter to see haw government really should be working. And I just really want to commend you. And I know that the community is feeling really good about the Board of Commissioners. I just really think everything, rather than start to be resolved, is getting worse. You are presented with documents - January to September -and now APS has redone those documents. Haw can they recount animals now that were in January, February March, April, May? I mean, you're talking about criminal fraud. APS has been and continues to be a violation of public trust in the State law. And I think that goes to what Dr. Halkiotis said that you have a judiciary right and an obligation to look at this situation with an organization that's been falsely reporting to you as a government agency what's going on. It can't account far the numbers of animals it gets in, puts to sleep, adopts out, and gets sick. It's claiming 4$% adoption rates and raising significant funds on those adoption rates. Those adoption rates are outright false. They cannot be substantiated as well. Refusing to give members membership lists, it's a violation of State law; it's a violation of the North Carolina Law Concerning Non-Profits. And we're going to take that to the superior court on that. They are doctoring the records while they are under public scrutiny. It's almost inconceivable. They're either outrageously criminal or incredibly stupid. But either way, it's contemptuous of the public process. APS cannot be trusted in its decision-making. You have a board that hired a director who we now know through the public records has been cited in a three-page statement presented to the board, which was strangely not included in the public documents presented in the last meeting. The statement by Deputy Sheriff Ann Clark was also animal control officer in Greenwood, Arkansas where Laura Walters was director of the shelter. Deputy Sheriff, in a three-page letter submitted to the BOC, wrote, "I witnessed dead animals in kennels and runs and bloody stools in runs suggesting parvo. In short, there was no disease management." Sounds familiar. Deputy Sheriff Clark in this letter wrote this in performance of her duties about another County officer. So Merritt's threats to throw a slander lawsuit against Deputy Sheriff Clark are just without basis in the law. Anyway, Deputy Sheriff Clark criticizes and she characterizes Laura Walters' behavior as, "borderline cruelty to animals." This is what we've inherited. Many of Deputy Sheriff Clark's statements have been in the past few days substantiated orally and in written statements by at least two other shelter workers and shelter board members there. This is not one statement, even though this woman, Deputy Sheriff Clark, is unimpeachable. So, we need an Animal Protection Society. We need an HSUS audit of animal care, disease management, the disposition and acquisition of animals. We need a County audit of record keeping. What is going on there? And I really feel that we need a criminal investigation of the management of APS. They are continuing to violate the State law, their outright contempt far the public, far members, and far the Board of Commissioners. It's not only consistent and persistent, it's really accelerating. The more they are exposed, the more they circle their wagons. And they get deeper into really a form of criminal realm of activity. So I encourage you to support that investigation. Chair Jacobs: Is there anyone else who wishes to speak to this matter? There was no one else. Well, let me just read the resolution with just one change. He read the recommendation. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to authorize the Chair to sign the contract with HSUS for the external evaluation of the Orange County Animal Shelter, and authorize the staff to proceed with the contract with the Dispute Settlement Center for the facilitation and summary of results from focus groups of possible development ar further mediation. VOTE: UNANIMOUS The Board agreed to extend the meeting to deal with item 9-b. b. Schools Adequate Public Facilities The Board considered approving the proposed School Adequate Public Facilities Memorandum of Understanding (MOU) and model Ordinance (SAPFO}. The peach colored sheet had the decision points for the Board of County Commissioners. Chair Jacobs suggested seeing which specific items that Board members would like more information on ar would like to discuss further, and that we set December 10t" as the date for adoption of the ordinance. This would give the Board an opportunity to get some response from Hillsborough and the Orange County Schools as to whether or not they are participating. He spoke to the Chair of the Orange County School Board before this meeting, who assured him that those two boards are trying to set a meeting date hopefully this month or in early December. He said that it was important to get both school systems on board at the same time. He has heard informally that the Orange County Schools are supportive and are willing to move forward, but they want to make sure that Hillsborough is on board. Commissioner Halkiotis said that he wants to vote tonight and on December 10tH to go ahead with this. This has been out there way too long. Commissioner Brown suggested that we approve this tonight and to set an example to Hillsborough. Commissioner Halkiotis said he that is willing to wait until December 10t", but that is it. Commissioner Carey agreed with Commissioners Brown and Halkiotis. Chair Jacobs has some questions about the levels of service. He would like from the staff more information about what other levels of service have been considered. He has some concerns about whether they are too constricting. He said that if we can get everybody on board at the same time, it sends a positive and powerful message. If people cannot get together and act, it is incumbent upon the Board to act and move forward. Public Comment Allen Spalt said that it is desirable to have both school systems and all bodies on board, but he does not think it is essential. He thinks that it is desirable. He does not think that it is essential that the effective date be identical for the two school systems, even though it is desirable. He has found from the discussion in the paper that the most recent reason for delay is overcrowding in middle schools in Orange County. He finds this not a good reason because they have already voted to build a new middle school in Orange County. He supports the Board to go ahead on the 10tH Etta Pizzano agreed with Mr. Spalt. In terms of levels of service, she knows that the Chapel Hill-Carrboro City Schools wants the levels to stay as currently defined. A small change in the levels makes a big difference to CHCCS. She wishes the Board would have voted on the ordinance tonight. She hopes the Board votes an December 10tH. Chair Jacobs said that he understands that there is a way for the Orange County system to address the middle school issue in a way that does not cause a moratorium, which is a concern of the Hillsborough board. He thinks it is a matter of getting those two boards together. Commissioner Brown pointed out that there has not been a delay and the Board has been on a time schedule. c. Eno Ridge Subdivision [formerly James Woods) -Preliminary Plan The Board was to consider the Preliminary Plan for Eno Ridge Subdivision {formerly James Woods}. POSTPONED d. Section 8 Proiect Based Voucher Program Policy The Board was to consider approval of a Section 8 Project Based Voucher Program Policy under the County's Section 8 Housing Voucher Program. POSTPONED e. Orange CountylHillsborough Courtesy Review Agreement The Board was to consider a revised courtesy review agreement with the Town of Hillsborough. POSTPONED f. Chapel Hill Horace Williams Citizens Committee The Board was to consider an appointment to the Chapel Hill Horace Williams Citizens Committee. POSTPONED 10. Reports -none 11. Appointments -none 12. Closed Session The Board was to go into closed session: a. "To consult with the County Attorney in order to preserve the attorney- client privilege between the County Attorney and the Board," N.C. Gen. Stat. § 143-318.11(x)(3). b. "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(x)(5). POSTPONED 13. Adjournment A motion was made by Commissioner Brawn, seconded by Cammissianer Halkiotis to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board