Loading...
HomeMy WebLinkAboutMinutes - 20030401APPROVED 05120/2003 MINUTES Orange County Board of Commissioners Regular Meeting April 1, 2003 The Orange County Board of Commissioners met in regular session on Tuesday, April 1, 2003 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: none COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker {All other staff members will be identified appropriately below) 1. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Gordon added a correction sheet for the minutes -item 8-a. PUBLIC CHARGE The Chair dispensed with the reading of the entire public charge. She read the following: The Board of Commissioners pledges to the citizens of Orange County its respect and the Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. 2. PUBLIC COMMENTS a. Matters not on the Printed Aaenda Penny Spence Flake lives on Maple Avenue in Aberdeen Downs subdivision in Efland. She has lived here for 15 years. There are two roads that make a loop in their subdivision, which are Maple Avenue and Poplar Drive. Both roads exit out onto High Rock Road. On or about the second week of March, they received a letter from the Orange County Land Records and the Efland postmaster advising all residents in the subdivision that they would like to change the names of the road to make it one loop. They did not have a problem with this, but they did have a problem with all three names that were submitted to them to choose from -Dean Loop, Hurley Loop, and Bedrock Loop. The residents got together and decided to name the road after Mr. Ralph Edwards, wha died of cancer last year. He was a pillar of the community. She submitted a petition to change the name of the road to Ralph Edwards Loap Road to the postmaster in Efland and Orange County Land Records, and they were denied right away. They were told that there were too many roads beginning with Ralph and too many roads beginning with Edwards throughout Orange County. They did an Internet search and they found that there are approximately 16 roads in Orange County that contain the word Meadow, 32 roads that contain the word Oak, and 64 roads that contain the word Old. It was her understanding that the 911 service was the reasoning behind the name being turned down because of the familiarity of the names and it would cause confusion. She said that all of the roads with Ralph or Edwards are in Chapel Hill, with the exception of two. There are none in the Cheeks Township area. There is one in Cedar Grove, which is called Ralph Dead End Road. She does not see how 911 services could confuse this. They would like this road named after their neighbor, a wonderful person wham they miss. She asked the Board of County Commissioners to make this possible. John Link said that there is a road naming process, but he does not know who in County government would give the deadline of March 31St. He said that he could stop this deadline tonight. He said that he would gladly work with the neighbors to capture Mr. Edwards' name in some way. Penny Flake said that it would be an honor to have the road named after him because he worked very hard for the County. Commissioner Halkiotis said that he first met Ralph Edwards in 1986 when he was first elected. He said that Mr. Edwards was one of the first voices in Orange County asking for toll free calling in Orange County. He said that he attended Mr. Edwards' funeral and was impressed about the simplicity of life that he carried with him -dressed in bib overalls and in a simple casket. Ms. Flake said that Radie Edwards, Ralph Edwards' son was here and is keeping up the home place. Commissioner Halkiotis noted that he lives on Franklin Road, not Franklin Street. Pat Beyle, President of the APS Board of Directors, spoke about the upcoming Humane Satiety of the United States evaluation. She applauded the County Commissioners' commitment to the care of the animals and the APS. They are looking forward to the evaluation. She said that if the evaluation is allowed to play out without intervention, it would be money well spent. She said that we need to let HSUS do what they need to do and what the County has contracted with them to do. She hopes the evaluation will give them valuable information and not be impeded by a few outspoken adversaries. She made reference to a lot of the allegations and the lawsuit against APS by Elliot Cramer and Judith Reitman. The lawsuit must be answered by April 26t" and they will file their answer. She said that for the past nine months, the APS has been distributing surveys to everyone who has been using their services. The surveys have been kept at the front desk. She distributed the complete set of surveys that had been returned. There has been a lot of positive feedback. Ann Peterson is a resident of Chapel Hill far 20+ years and a lawyer. She is on the Board of Directors of APS and the Personnel Chairman for APS. There have been a lot of allegations made about APS Executive Director Laura Walters and her prior experience in Arkansas and allegations against APS for negligence in hiring her. They usually Consider personnel issues extremely confidential, but since this has been aired in the public recently, she felt it was appropriate to tome to the Board and explain haw they went about hiring Laura Walters, the current Executive Director, and the diligence they took in doing so. When Pat Sanford resigned, they Conducted a nationwide search. They got 20-30 applications from all over the country. The Personnel Committee narrowed it down to 10 and conducted phone interviews. This was narrowed dawn to four applicants and they brought them all in. The entire APS Board interviewed Bath one of the applicants individually. The entire board voted far Laura Walters. She personally took her references and she called them and spoke to them. She only got glowing reports an Laura Walters. This was the second time she was hired by APS. Pat Sanford had hired her a year earlier as Development Officer. She worked far the APS for 18 months before the allegations started by Elliot Cramer and Judith Reitman. Since the allegations, she re-contacted all the people in Arkansas and was told that the allegations were false and that these people have their own agendas. The APS was then sued by Elliott Cramer and Judith Reitman and she took all of the articles in the newspapers and the information in the lawsuit and she sent it to the people in Arkansas. She sent them to three individuals that were on the board in Arkansas when Laura Walters worked there. She received one response, which said that the allegations against Laura Walters were false and that the people had their awn agendas. She wanted the County Commissioners to know that the APS Board has done more than enough due diligence in hiring their employees. She added that since they hired Laura Walters, she has worked with her everyday and she is a competent person. She said that they have a very stable staff and different but good adoption policies. Ann Peterson then addressed a second issue -the issue of the records brought up by Elliot Cramer. Mr. Cramer has said that APS has committed criminal fraud. She said that this is simply not true and that their contract with the County is not based on numbers and there is no reason to falsify records. She admitted that there are mistakes because humans are doing the reports and they have an enormous amount of going in and going out at the shelter. She asked that the County Commissioners not let the smokescreen that these people have put up hamper their job and the APS's job. Commissioner Carey asked Pat Beyle if the surveys included 100% of the ones distributed. Pat Beyle said that they cannot force someone to fill them out, but most of the adopters do fill them out and they go out with every adoption and she does not knave what percentage is included in the packet. Kendall Page is a lifetime resident of Orange County, a practicing real estate attorney, and a new APS Board member. She spoke about the APS contract with the County and the funding of the APS. The APS of Orange County is a private organization, which contracted with the County to manage the shelter and be responsible for the operation of the shelter in a safe, sanitary, humane, and efficient way. She referred to item number two of the contract. Over the past year, the operations of the APS have been interrupted by Judith Reitman and Elliot Cramer's appearances at the shelter. In each and every case, they have interfered with the day-to-day work of the employees and their ability to take care of the shelter and the animals. This prohibits the APS from honoring their contract with the County. She said that on one occasion, one of the board members came to the shelter and encountered Mr. Cramer, and they were in fear for their safety. This kind of action displayed is stalking, which is a criminal offense. There has been publicity about the trespassing action that was taken against Elliot Cramer, and she supports this action. They need the County to do whatever is necessary to allow the APS to carry out its duties and its functions. Kendall Page made reference to the second hand out -comparison of services. The majority of the activities are funded over what the County funds and if the County takes over the shelter, Orange County will not be able to provide the additional activities. In addition, the County cannot solicit funds for donations. She said that the team at APS was a very good team. She encouraged the County Commissioners to let the HSUS do its job. Chuck Anderson distributed a document. He said that he did not know any of the facts surrounding the controversy. He has become involved in the shelter work on aday-to-day basis as a district court judge, having to put animals to sleep that have been charged with attacking other animals and human beings. He also hears the cases regarding animals that have been trained to be aggressive. He has been interested in how to better coordinate court responsibilities with our County responsibilities. He knows that there were over 20 pit bull dogs that were in the shelter for an extended period of time at the expense of the shelter and the County while a criminal case got continued. These matters have led him to do some volunteer work at the shelter. He has enjoyed his time. The most impressive thing to him has been the dedicated staff at the shelter. He is concerned that the extended public debate about shelter services is beginning to affect the morale of the staff, the public impression of the individuals who work there, and the quality of services provided to the community and the animals. He said that he has become a member of the APS Shelter Committee. He is not on the board and he is not a resident of Orange County. He is interested in the facility being adequate for their animals and the present shelter is inadequate in a number of ways. He appreciates being involved in the focus groups of the shelter and he would also urge all to take matters to the Orange County Dispute Settlement Center. Elliot Cramer distributed a document. He said that he was surprised by the personal attack by Kendall Page since he was responsible far her being on the APS Board. He encouraged her nomination. He noted that just before Christmas he talked with her on a number of occasions and she told him that she supported what he was doing, but that she wanted to work behind the scenes. He also had lunch with her at her office and they had a good discussion. At that time, she asked him not to make any public comments for the next couple of weeks before she went to the her first APS Board meeting. He did sa and when he returned from vacation he found a certified letter with false allegations about his trespassing and it was dated the day of the APS Board meeting. He sent a reply to the County Commissioners, Kendall Page, and Pat Beyle. Regarding the person who feared for her life, he thinks this is Ann Peterson, and said that the key phrase is that she feared him "that night." He thinks this is very telling, because the shelter is not open at night. This must mean it was during the board meeting. He did attend a board meeting after receiving the trespassing notice, and the notice referred to two prior occasions in which he banged loudly on doors and attempted to enter the building. He said that all of these things are lies and the evidence is that these things happened prior to the November APS meeting at which he was invited as a nominee to the board. At this meeting, he was invited on a personal tour of the shelter at some convenient time. He went in at a later time and went into the shelter room and looked around at the cages and walked through an area and one of the staff told him that the area was closed to the public and that the gate was left open by mistake. He continued to walk to another area. He said that this was the extent of his trespass. He said that Pat Sanford has testified to the County Commissioners that there was no door, but a temporary gate and she had had problems with people leaving the gate open. Chair Brown asked Mr. Cramer to finish his statement. Elliot Cramer said that he has not had a chance to make the statement that he came here to make. He referred to his handout and said that the APS is so desperate that they have resorted to slander and this information will be on his website. He said that the AP5 is misrepresenting costs of operations. He believes that the County should be paying approximately 34% of the salaries of the "chiefs" there, which account for half of all the salaries and half of the County's budget. Chair Brown asked him to stop and to submit anything further in writing. She suggested that both parties get together and discuss this issue with the Dispute Settlement Center. This dispute needs to be taken care of in a different venue. Brian Voyce spoke about the Northern Transition Area of Orange County. He made reference to a quote from Commissioner Jacobs in an article about the placement of the third high school. The statement was about the awareness of the general citizen base of Orange County on how and where the growth is going to occur in Orange County. He suggested that staff look at communicating to citizens about how the growth is expected to come and where it is going to be. The second issue was a statement made by Mayor Nelson of Carrboro, in which he was talking about the SAPFO. He said that it was unclear how SAPFO was going to operate in terms of the burden on the citizens and the developers. In particular, he would like to know if this is going to operate in a way to create legal rights for the developers. Chair Brown said that they have some excellent information about the SAPFO regarding this topic. She referred to the Frequently Asked Questions (FAQ) for the SAPFO. Commissioner Jacobs said that the Board had a work session about the Comprehensive Land Use Plan Update and they talked about the need to communicate the plans in different areas. Mariah McPherson thanked the telecommunicators for saving her life twice and said that this is one tax that she does not mind paying. She described her incident where she had a stroke and then she broke her hip and she wants to thank the 911 staff. She said that they were dedicated and they work as a team. She said that EMS Director Nick Waters must be a good leader and everyone in Orange County should be proud of these services. She asked the County Commissioners to do everything they could to improve the communications because the citizens' lives depend on it. Commissioner Halkiotis suggested giving Ms. McPherson a round of applause. b. Matters on the Printed Agenda (These matters were considered when the Board addressed those items on the agenda below.} 3. BOARD COMMENTS Commissioner Halkiotis said that he appreciated the way the Chair handled things here this evening. He is amazed that it evolved here tonight and it was almost turning into a courtroom scene. Commissioner Halkiotis requested that at the next agenda that the Board finally deals with Commissioner Appointments to Boards and Commissions. He would like to bring this to a conclusion. Commissioner Halkiotis said that he is perplexed again about what is going on near the truck stop on the County's side of the road that we have zoning control over. This facility seems to be a staging area for the construction across the road. He asked if this was permissible. There are safety issues and he would like to know what this area is. He would like a report back from the Manager. Commissioner Halkiotis said that he would also like to know what is going on about alerts from school board associations about school mergers in the remaining school districts in the State. He said that we need to have all of the information that is going on in the legislature. He would also like some information on the school bills that are saying that school may not open until after September 2nd Commissioner Jacobs made reference to a DOT hearing that was rescheduled to April 3rd about the bridge over 15-501. He wants to make sure that there are staff represented there and that the resolution about this that was adopted by the Board is read at the hearing. Also, when I-85 is widened, the County Commissioners have already brought up that they want to make sure that the overpass by Eno River State Park is going to be sufficient so that there will be a wildlife corridor. He asked the staff to track the materials that are presented to DOT in the different division. Commissioner Jacobs said that he had asked for a report on the process of the loss of La Fiesta Del Pueblo. John Link said that they did provide additional information in the Manager's memo possibly. He will resend this. He knows that the staff asked them the rationale behind the decision to move to Raleigh. Commissioner Jacobs asked Rosie Summers about the mobile home park that continues to defy the Board of Health and the Health Department with the septic system problem and refuses to comply. He asked at what point would we say, "enough." Health Director Rasie Summers said that they are following procedures and the next step is to take them to court. They are also working with Planning to make sure that the power and the water is disconnected from the units that have been ordered to be vacated. Commissioner Jacobs asked Rosie Summers to give the members of the media the information about the L&W mobile home park so that they can follow the documentation. Chair Brown asked if the residents of the mobile homes were owners or renters and Rosie Summers said that the residents are owners. She said that most of the homes that the Health Department has ordered to be vacated have been vacated, but have not been disconnected from power and sewer. They do not anticipate anyone losing their home as a result of this and there are vacant spaces to move the units ta. She said that the Environmental Health staff has done an excellent job of keeping the residents informed about where the enforcement action is. Commissioner Jacabs said that Judge Anderson's suggestion about using the Dispute Settlement Center is something they have discussed regarding the shelter. Commissioner Jacobs said that he agrees with Commissioner Halkiotis about putting the appointments to Boards and Commissions back on the agenda. Commissioner Gordon said that the meeting about the 15-501 bridge is going to be an April 3rd at 7:00 p.m. in the Githens Middle School auditorium. She hopes that someone from the staff will go and read the resolution. Commissioner Gordan said that there was a marvelous environmental summit Saturday and Reid Wilson, the Executive Director of the Conservation Trust far North Carolina, spoke. The Commission for the Environment and David Stancil organized the summit. Commissioner Gordon made reference to air quality and the Triangle Air Quality Partnership Initiative. Triangle J COG is trying to get this together with the two MPOs in the area - DurhamlChapel HiIltCarrboro and CAMPO. They want to respond to the provisions of the clean air act. Commissioner Gordon distributed some handouts from the Triangle J COG meeting. This document explains the local government responsibility. She made reference to page 3 - transportation conformity. These things will be addressed at an air quality meeting on Friday, April 11th from 9:00 - 11:00 a.m. at RDU airport authority. Commissioner Gordan said that we received a legislative report from Triangle J COG. . They are urging the counties to do anything they can to keep the provisions. An interesting bill is the phase out of counties to pay far Medicaid expenses and another one is to interconnect public water systems. Another bill is the local option tax menu that was introduced by Verla Insko and Representative Rick Blazer and the bill meets one of the goals of our regional legislative agenda. The bill includes authorization to levy a sales and use tax, prepared meals tax, occupancy tax, and excise tax on conveyances. Commissioner Carey said that he had received information about the discussions in the legislature about the merger issue and he had forwarded some to the Manager. The Manager will get all of the information to all County Commissioners. He regrets that he had to miss two meetings last week because he had to ga out of town an business unexpectedly. He was in Washington dealing with concerns about North Carolina, specifically the Medicaid program. One of the issues is the $93 billion reduction in the funds available for the Medicaid program over the next ten years. This bill will be voted an in the next few days. Another bill would increase the amount of money that the federal government is contributing to the Medicaid program to specifically reduce the amount that states are required to pay. The third bill is a block granting of the Medicaid program over the next ten years and is revenue neutral. He encouraged people to call their Senators and Congressmen. Commissioner Carey said that he appreciates the many people that have sent him emails on both sides of the school merger issue and he encourages people to continue to do this. He has learned from all of them. He asks that all be patient for the report in August. Chair Brown said that she would be happy to add the Appointments to Boards and Commissions to the next meeting's agenda. Chair Brown made reference to the JPA meeting scheduled for the 9t". There are na traditional JPA items. However, Mayor Fay said that they could use the evening to further discuss joint issues such as transportation. The suggestion was to have more of a work group of those involved in transportation. This is a break from the usual traditional JPA night. The meeting could be cancelled. The Mayor of Carrboro said that he was not willing to attend any more meetings since there would not be the traditional JPA items. There is some interest for other people to use it as a countywide work session. She would like to discuss how public transportation would be available to all of the high schools. She asked the Board if there was any interest in doing this. Commissioner Jacobs said that we have an Assembly of Governments meeting on April 30t" and asked what is on the agenda. Chair Brown said that she will be talking with both mayors next week and they could talk about what would be on the agenda. The AOG meeting tends to be staff presentations and the work group would be much different. Commissioner Jacobs said that he applauds her creativity but he has a work conflict. His only concern is whether we have a sufficient agenda far the AOG meeting. Chair Brawn said that there would be enough on the agenda for the AOG meeting. Commissioner Carey and Commissioner Halkiatis have an already scheduled meeting about the community college, but they will came when they can. Commissioner Gordon said that John Claflin should come as a reference for TTA issues. She is worried that there would be no turnout and she is less enthusiastic about this. Chair Brown said that it is probably best to cancel it, but she will do a survey of Chapel Hill and Carrboro and see who can come. Chair Brown reported that there was an Intergovernmental Parks Work Group meeting and it was successful. Also, she and Commissioner Gordon are co-chairing the CHATPEC group and they met last week. A review will be coming to the Board soon. 4. COUNTY MANAGER'S REPORT NONE 5. RESOLUTIONS OR PROCLAMATIONS a. Child Abuse Prevention Month The Board considered approving the proclamation declaring April as Child Abuse Prevention Month in Orange County and authorizing the Chair to sign the proclamation. Social Services Director Nancy Costan said that they want to keep this issue in front of people to try to prevent child abuse. Chair of the Social Services Board Dee Gamble spoke. A lot of groups have been working an this and they have sent information to doctors and churches, etc. Wal-Mart will have a child identification program and they have asked for the proclamation to be accepted by the municipalities. She read the proclamation: A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: Child Abuse Prevention Month April 2003 WHEREAS, child abuse is a community problem and finding solutions requires involvement among people throughout the community; and WHEREAS, over 1900 children in Orange County were referred to Social Services for suspected child abuse or neglect last year; and WHEREAS, the impact of abuse and neglect lasts throughout life; and, WHEREAS, children who are laved and nurtured grow up to be healthy, creative and productive community members; and, WHEREAS, it is the goal of Orange County to improve the quality of life of all children who live here; and, WHEREAS, preventing child abuse and breaking the cycle of abuse is the responsibility of every citizen; NOW, THEREFORE da we, the Board of County Commissioners of Orange County, North Carolina, hereby proclaim April 2003 as "Child Abuse Prevention Month" and call upon all citizens and organizations to join together to prevent child abuse. THIS IS THE 1St DAY OF APRIL, 2003. VOTE: UNANIMOUS b. Fair Housina Month The Board considered adapting the proclamation recognizing and celebrating April as Fair Housing Month. Human Rights and Relations Director Annette Moore said that last year they received a $25,000 grant from HUD to do a partnership initiative in which they did telephone testing. The analysis of the test found a 38% difference in treatment. They will follow up on that test this year. In addition, they will be doing a home mortgage disclosure act study. This will be done by the end of the month. There is a Community Wellness Fair on April 27t" and they will be giving out information on Fair Housing Month. Also, the Chapel Hill Board of Realtors along with some others is having meetings on affordable housing ownership on April 24t" at the Century Center from 8:30 - 3:00. Commissioner Halkiotis read the proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: FAIR HOUSING MONTH WHEREAS, April, 2003 marks the thirty-fifth anniversary of Title VIII of the Civil Rights Act of 1968, the Federal Fair Hauling Act, which provides far equal opportunity for all people in the sale, rental, and financing of housing, and prohibits housing discrimination on the basis of race, color, religion, sex, age, or national origin; and WHEREAS, the Fair Housing Amendments Act of 1988 added familial status and handicap to those classes protected by Title VIII and added strong new rights, remedies, monetary penalties, and judicial and administrative enforcement procedures; and WHEREAS, the Orange County Board of Commissioners enacted the Orange County Civil Rights Ordinance on June 6, 1994, which affords to the residents of Orange County the protections guaranteed by Title VIII and additionally encompasses the protected classes of veteran status and age; and WHEREAS, in spite of the protections afforded by the Orange County Civil Rights Ordinance and Title VIII as amended, illegal housing discrimination still occurs in our nation and in our county; NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim Apri! 2003 as FAIR HOUSWG lUIOIVTN and commend this observance to all Orange County citizens. This the 1 st day of April, 2003. VOTE: UNANIMOUS c. Orange County Senior Games The Board considered proclaiming the period of April 7 through May 3, 2003 as Orange County Senior Games Events Qays and to encourage citizens age 55 and over to participate in these events. Lisa Berley, local coordinator of the Orange County Senior Games, invited all to attend the events (55 and older}. The competitions are friendly and there are eighteen different events. Chair Brown said that all of the elected boards are asked to play a game every year for ARC. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: Orange County Senior Games Events Days Whereas, According to recent population figures, there are more than 20,000 persons over 55 years of age in Orange County; and, Whereas, Orange County is concerned about the health, fitness, and social well-being of its mature adult population; and, Whereas, Orange County Senior Games provides a special opportunity for mature adults to grow positively in the areas of health, fitness and social well-being; and, Whereas, Orange County would like to encourage loco! businesses and resident support and participation from county residents age 55 and older; NOW, BE IT THEREFORE PROCLAIMED, that the Orange County Board of Commissioners declare April 7 through May 3, 2003 as ORANGE COUNTY SENIOR GAMES EVENT DAYS AND ENCOURAGES CITIZENS AGE 55 AND OVER TO PARTICIPATE. This, the first day of April, 2003. VOTE: UNANIMOUS d. Public Safety Telecommunicators' Week The Board considered proclaiming the week of April 13 through April 19, 2003 as Public Safety Telecommunicator's Week in Orange County. Captain Dinah Jeffries, Assistant Manager of Communications, thanked the County Commissioners far allowing them to da this for their telecommunicatars. She said that Orange County has the best trained telecommunicators in the State, if not the nation. She acknowledged Deputy Director Gwen Snowden. She then 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: PUBLIC SAFETY TELECOMMUNICATORS' WEEK A PROCLAMATION WHEREAS, Thousands of dedicated Telecommunicators daily serve the citizens of the United States and Canada by answering their telephone calls for law enforcement, fire, and emergency medical services by dispatching the appropriate assistance as quickly as passible; and WHEREAS, The critical functions performed by professional Telecommunicators also include those related to forestry and conservation operations, highway safety and maintenance activities, and many other operations performed by federal, state and local government agencies; and WHEREAS, Professional Telecommunicators work to improve the emergency response capabilities of these communication systems through their leadership and participation in training programs and other activities provided by the Association of Public Safety Communications Officials and the National Emergency Number Association; and WHEREAS, These associations are organizations of more than 10,000 people engaged in the design, installation and operation of emergency response communications, has set aside the week beginning April 13, 2003, to recognize Telecommunicators and their crucial role in the protection of life and property; and WHEREAS, Michael F. Easley, Governor of North Carolina, has proclaimed the week of April 13-19, 2003, as Public Safety Telecommunicator Week in North Carolina; NOW, THEREFORE, we the Orange County Board of Commissioners hereby proclaim the week of April 13-19, 2003, as "Public Safety Telecommunicators' Week" in Orange County, North Carolina, in honor and recognition of our County's Telecommunicators and the vital contributions they make to the safety and well being of our citizens. This the 1st day of April, 2003 VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS- NONE 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 This item was removed and placed at the end of the consent agenda for separate consideration. b. Appointments -NONE c. Property Tax Refunds and Reimbursement of Costs (Childers vs. Orange Count The Board approved the refund resolution, which is incorporated by reference, related to three (3) requests for property tax refunds in accordance with N.C. General Statute 105-381 and approved paying Peter and Victoria Childers $209.72 casts of the Childers vs. Orange County civil action. d. Contract with OCR, Inc. (Orange County Speedway) The Board approved and authorized the Chair to sign a contract with OCR, Inc. to provide EMS coverage at events and races. e. Authorization of the RSVP 3 Year Renewal Application and Agreement (Retired & Senior Volunteer Program] The Board approved the RSVP resolution as stated below, approved the 3-year application and agreement, and authorized the Chair to sign application and Notice of Grant Award when received with the understanding that the 3-year application does not affect the Orange County annual budgeting process, and can be terminated at any time based on Corporation for National Service handbook guidelines, which provide for advance notice in order to find another local sponsor. A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) BE IT RESOLVED by the Commissioners of Orange County that the Commissioners authorize the County Manager to submit an application to Corporation for National Service fora $170,073 three-year grant ($56,691/year) for continuation of the Retired Senior Volunteer Program for thirty-six months and to certify to the federal government the willingness of the County to assure a minimum of 30°~ in cash, goods, and services as the non-federal share in support of the program. Funding will continue to be reviewed and approved an an annual basis as part of the Orange County Budget Process and the RSVP will operate under a one-year budget. Budget revisions will be submitted to the Federal Sponsor at the end of the first and second years. It is understood that Orange County is not locked into a commitment for three years if it is decided by Orange County officials to discontinue support of the Orange County RSVP. The program can be terminated at any time based on the Corporation for National Service Handbook guidelines providing the required advance notice. This, the 1 ~ day of April, 2003. f. Renewal of Consolidated Agreement Between Department of Health and Human Services and the Health Department This item was removed and placed at the end of the consent agenda for separate consideration. g_ Budget Amendment #10 The Board approved the budget and capital project ordinance related to the Department of Social Services, Southern Community Park, and the safety net reserve fund. h. Acceptance of Grant Allocation for Domestic Preparedness Program from the Department of Justice; and Award Bid for Purchase of Protective Breathing Apparatus The Board accepted a state pass-through grant allocation in the amount of $55, 582 to purchase equipment and perform training for local public safety responders; to authorize the Manager to sign the memorandum of agreement and any documents related to reimbursement of grant-funded expenses from the State of North Carolina; and awarded a bid for purchase of protective breathing apparatus to Safeco, Inc. Raleigh, North Carolina in the amount of $50,540.35; and authorized the Purchasing Director to sign paperwork to effect of the purchase. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA a. Minutes The Board considered approval and/or correction of minutes from the following meetings: February 4, 2003 regular meeting; February 24, 2003 work session; and February 24, 2003 regular meeting (re-scheduled from February 17, 2003). Corrections were submitted by Commissioner Gordon (bright green}. Commissioner Jacobs said that he remembered pulling some minutes at the last meeting, and he thought it was the practice to return them to the next meeting agenda. He asked for these minutes to come back at the next meeting. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve, with Commissioner Cordon's corrections, minutes from the following meetings: February 4, 2003 regular meeting; February 24, 2003 work session; and February 24, 2003 regular meeting (re-scheduled from February 17, 2003}. VOTE: UNANIMOUS Renewal of Consolidated Agreement Between Department of Health and Human Services and the Health DepartmentThe Board considered approval of the annual consolidated agreement between the North Carolina Department of Health and Human Services and the Orange County Health Department, which provides State and Federal funds to the Health Department to partially support mandated services; and to authorize the Chair to sign the agreements and assurances pending the County Attorney's review. Commissioner Jacobs said that one of the items in the consent agenda that was approved were budget amendments, which moved monies from our Social Safety Net Reserve Funds to make up some of the shortfalls in State funding for programs that we consider important. He asked how much money in this program would rely on Smart Start funds. Health Director Rosie Summers said that none of these efforts are funded by Smart Start Funding. The Families in Focus Intensive Home Visiting is funded partially with Smart Start Funds and partially with State funding. They are using the State funding for this program next year. The local Smart Start board has indicated that they would pickup part of the funding that we are losing from the State, as well as maintaining a constant level of funding for this program. There will still be an overall shortfall. The staff is still looking into making up for this shortfall. Commissioner Jacobs asked how much money the County receives for Smart Start. John Link said that he would bring this information. Commissioner Jacobs would like for the legislators to see specifically what the Smart Start money goes for in Orange County. Commissioner Halkiotis made reference to the Hispanic brochure on safety that was presented to the Board of County Commissioners a few meetings back and the Board recommended that this program be nominated for a NaCo award. This program is not being recommended for funding because of Smart Start cuts. He spoke to this issue at the meeting of the Partnership for Young Children last week. He said that we need to continue to hammer this to all of our legislative delegates. Smart Start is making a difference in young children. Commissioner Carey said that the State and the federal government seem to be ravishing our safety net and we should do what we can to protect it. Jahn Link said that the County Commissioners appropriated about $300,000 for the Social Safety Net, and the Board has had to spend about $167,000. There is $133,000 left uncommitted this year. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the annual consolidated agreement between the North Carolina Department of Health and Human Services and the Orange County Health Department and to authorize the Chair to sign the agreements and assurances pending County Attorney review. VOTE: UNANIMOUS 9. ITEMS FOR DECISION--REGULAR AGENDA a. Facility Use Policies and Procedures -Smith Middle School Soccer Field The Board reviewed the proposed Facility Use Policies and Procedures for the Smith Middle School soccer field. Chair Brown said that this is basically an interlocal agreement with the Town of Carrboro on the use of the Smith Middle School soccer field. She introduced Recreation and Parks Management Director Lori Taft. Lori Taft said that back in February 2001, Orange County signed an agreement with the Town of Carrboro and the Chapel Hill-Carrboro City School Board with regard to the use and development of fields at Smith Middle School. The particular concern was soccer field #3- b. In this agreement, there is a paragraph that states, and she read, "The Town and the County will work together to coordinate programming of the use of the fields when school is not in session and that the Town will be the lead entity in programming such use and communicating to the Board of Education regarding the same." The Board asked the Recreation and Parks department to work with the staff of Carrboro in pursuing this agreement. They have developed a draft agreement far the Board's consideration. The Carrboro Board of Aldermen reviewed the policy and came up with some suggestions, which were in bold. Commissioner Gordon asked if this was the same as other soccer fields that Carrboro maintains. She made reference to priority of use policy and said that this means that people with priority can sign up first and then others can sign up. She asked why they wanted to change it from 75°~ Orange County residents to 50°~. She also asked about using the field before April 15t and why it is best practice to not use soccer fields before April 15t Lori Taft made reference to the report from the Soccer Symposium Task Force from 2000, which lists field inventories. Hank Anderson Park is listed as having one multi-purpose field, which is designated as football. This is the only field that Carrboro maintains. Regarding the percentage of residents of Orange County, it was discussed and there was a concern because there were three members of the Orange County Soccer Alliance who would be disadvantaged by the policy of 75% of the membership that must live in Orange County. The Orange County Soccer Alliance took the position that it should be reduced to 50°~. Regarding the date to start using soccer fields, she said that the fields were made of Bermuda grass, which is a warm field grass. If the field is used before April 1St, there is not sufficient chance for the grass to recover from the winter. This puts the soccer alliance at a disadvantage because of their schedule. Commissioner Carey said that it would be interesting to know why other suggestions were made by the Carrboro Board of Aldermen. He asked who would be certifying that the majority of the users are from Orange County. Also, regarding the refund policy, he said that there should be a credit for the next use because it could be labor intensive to print out checks because of cancellations. Lori Taft said that it was the intention of staff to keep a tally of what is owed. Commissioner Carey said that the policy says, "refund" and it should be reworded. Commissioner Halkiotis said that he has concerns about issues of the CHCCS paying for maintenance costs of these fields. Lori Taft said that the contract said that the CHCCS would be responsible for maintenance of the field, aside from major renovations to the irrigation system. The Town of Carrboro will do the field lining and will get money from the fees. Commissioner Halkiotis said that a lot of people play soccer all year long. He said that if we are going to maximize and utilize our soccer fields, maybe we should go with a different type of field. Having a Bermuda field cuts dawn an the playing time significantly. He made reference to the Soccer Super Fund that was approved by the voters in 2001 and said that we are going to be building a lot of soccer fields in the future. He hopes we pay close attention to haw to maximize utilization of the fields and not limit use from November to April. Commissioner Jacobs made reference to the issue of the quality of the fields and said that the Board directed the staff to try and develop fields for lasting use. The soccer people also complained that there were no fields that were of any quality because they were worn to a nub. He said that we could see how it works for a year and then there could be some compromises with the time of use. He thinks that a simpler way to do priority of use would be to say that you are a priority if you are a member of an organization that is a member of the Orange County Soccer Alliance. This would do away with the percentages. He said that none of these issues are that big and he would say to Carrboro that we could all make some accommodations and then adjust the next season. Chair Brown asked Lori Taft to bring back the information about whether this is haw Carrboro treats all of their fields. Chair Brown said that it seems the Board wants to go ahead with this agreement with the possibility of reconsidering it next year about the use and then take out the percentages and priority would be given to anyone that is a member of the Orange County Soccer Alliance. Chair Brown is interested in having a longer use period in the year also and possibly using a different kind of seed besides Bermuda grass. Commissioner Gordon said that she does not want to limit it to the Orange County Soccer Alliance. There are other groups that may want to reserve the field. Commissioner Jacobs said that he was just saying that the priority of use would be far the Orange County Soccer Alliance, and then there would be two half-day open play periods as stated in the policy. Commissioner Gordon said that she would like to reconsider this next year. Chair Brown said that this could be brought back as an agenda item with questions answered. Lori Taft clarified that the two half days were open to anyone and would not be scheduled. Commissioner Jacobs would like to know if the open play periods are not being used so that they can be reevaluated. Chair Brawn reiterated the rewording for unused scheduled times as "credit" and not a "refund." Commissioner Gordon asked about the school systems maintaining it and Carrboro taking the revenue. Commissioner Halkiotis said that they cut the deal and the County had nothing to do with it. Jahn Link suggested to Lori Taft that as the staff monitors the activity on this field during the next year, they need to look at the open periods and make sure there is supervision available and that priority soccer organizations are not using the field during those days and telling other people that they could not use the field. The intent of the two half days is far the field to be used by other people. Lori Taft said that penalties could be written into the permit document. Carrboro is working on getting signage to this effect. Commissioner Jacobs asked that it be multi-lingual. The staff will bring this back as an agenda item with the questions answered. b. Acceptance of Report by Action Audits, LLC and Adoption of 2003 Rate Order for Cable Services in Unincorporated Orange County The Board considered approval of the cable consultant's review of a request by Time- Warner Cable to increase rates charged for basic cable service, installation, and equipment rental for 2003, and adoption of a rate order based on that review. Assistant County Manager Gwen Harvey said that this is two items wrapped into one. First, there is the acceptance of the report prepared by the cable consultant on which the 2003 rate order was based. Second is the adoption of the rate order. The recommendation is to accept the report and adopt the 2003 rate order. Chair of Citizens Cable Advisory Committee Michael Patrick said that Time Warner Cable asks for a rate increase annually. Last year there was a matter that came before the Board in connection with the review process related to increasing the rates for certain repair and maintenance services. The County, at the recommendation of the consultant, denied the rate increase. The increase was to be implemented nationwide. Smithfield also denied the rate increase and Time Warner Cable appealed the decision to the FCC. The FCC reversed the Smithfield decision and upheld the Time Warner Cable increase. This proposal is to undo the action of the Board last year and to accept the consultant's review that the increases are accurate for this year as well. The consultant sees no basis to deny the rate increase request. He said that he was not endorsing Time Warner Cable's request, but he sees no basis to deny it. Commissioner Jacobs asked for an explanation of the statement, "Should the Board decide not to approve the rate order, the proposed rates become effective by default and the County forfeits its future refund authority." Michael Patrick said that if the Board does not act on this, the increase will go into effect by default and it cannot be revisited. If the Board acts to approve it and then finds additional evidence against it, it can be revisited and possibly amended. Bob Sepe, the cable consultant, said that the FCC said that the magnitude of the rate increase (26%) alone was insufficient justification to deem the rate unreasonable. This suggests that it could be paired with other things and the rate increase could be deemed unreasonable. This rate order would reserve the opportunity, should new evidence be presented, to reach back and order a refund. Commissioner Halkiotis said that this is an exercise in futility because they are going to do what they want to do anyway. He asked how much money the County gets from cable franchises. Gwen Harvey will provide this information at a later time. Commissioner Halkiotis asked how much the County pays Bob Sepe. He said that this cable issue has been out there for years and we still do not have an agreement with the cable companies. He respects the advisory committee and the cable consultant. Commissioner Carey said that it is ironic that taking no action is tantamount to admitting that everything is ok, but approving it is not. He does not understand this. John Link asked about the future refund authority and if anyone besides the County could retrieve the refund far the user. One of the concerns is that the County cannot maintain the base rates. Michael Patrick said that the County would be the only mechanism that would trigger the refund. Geof Gledhill asked if Time Warner timely appealed the County Commissioners' decision last year and Michael Patrick said yes. Bob Sepe said that if the order were approved tonight, then the appeal would be withdrawn. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Manager's recommendation to accept the consultant's report and adopt the 2003 rate order for cable services in unincorporated Orange County. Both Commissioners Carey and Halkiotis stated that the only reason they support this is for the protection of the subscribers. Chair Brown said that it is unbelievable that this County Commissioners' meeting will not be televised in Carrbaro because of some cable problem. VOTE: Ayes, 3; No, 2 (Commissioner Jacobs and Chair Brown). Commissioner Jacobs said that he supports the opportunity for our ratepayers to get their money back, but he supports the Board's decision of last year. c. School Collaboration Study The Board considered approving a memorandum of understanding that lays out the parameters of a study to be carried out by the Institute of Government of opportunities for collaboration between the Orange County Schools and Chapel Hill-Carrboro City Schools. John Link said that last fall there were representatives of this Baard and the two school boards that talked about the framework to work together toward better collaboration. Dr. Phillip Boyle with the Institute of Government has had experience working with counties and school boards on similar efforts. There is a proposal of $20,000 that would be borne by the County whereby Dr. Boyle will lead the entities through the process of collaboration. Rad Visser said that the Board did discuss this in February but did not reach a conclusion. The five steps include: - identify participants and schedule initial work session - identify interest barriers, values, and goals - develop recommendations and evaluation criteria - engage the full governing boards and administrative officials - implement and evaluate recommendations Commissioner Halkiotis said that he does not feel comfortable voting for this tonight. This should be on the agenda of the meeting with the two school boards on April 14th. He asked if there would be a commitment to this. When this was brought up two years ago, there was a lot of reading into it. He would like to have everyone committed to the process before deciding because $20,000 is a lot of money to spend on this type of study. He said that unless everyone buys into it, it is meaningless. Commissioner Jacobs said that the last time we discussed this, Commissioner Carey was concerned about the money. He would be supportive of bringing this to the joint meeting with the schools. He thinks it is important to da this, regardless of what happens in the merger discussion. The notion of improving communication is important. Commissioner Carey said that he expressed his concern about this the last time it was discussed and he has the utmost respect for the Institute of Government, but he is concerned about the money to be spent on this when there are so many other needs. Collaboration works but the parties have to have the will to work together. When you have the will to work together, you do not need to pay someone to facilitate it. The County Commissioners have tried to get the two school systems to work together and they have not seen it happen. He will vote against it because he thinks the will has to be there before it will happen. Commissioner Gordon asked if the $20,000 was a flat fee or if it was expenses up to $20,000. Rod Visser said that he thought that it was a flat fee and there would be invoices leading up to that amount. Commissioner Gordon said that collaboration is important and she would support this being a topic of the meeting with the school boards. The Board agreed by consensus to refer this item to the joint meeting with the two school boards on April 14tH d. Appointments: (1 } Special Board of Equalization and Review (E&R Board} The Board considered appointing members to the Special Board of Equalization and Review {E&R Board}. Chair Brawn said that she serves on this, and when she does, she does Hat get paid. She recommended Reginald Morgan, Pamela Davis, William Crowther, and Thomas Heffner (alternate}. She also volunteered to serve on the board, as an alternate or member. Commissioner Gordan asked Chair Brown is she would recommend the rest of the people on the list as alternates, as stated in the recommendation. Tax Assessor John Smith said that the larger the selection of people, the easier to fill vacancies. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint Pamela Davis, Reginald Morgan, and William Crowther as regular members and the remaining applicants as alternates {Chair Margaret Brown, Lee F. Butzin, Thomas Heffner, Timothy Kepley, Jerry L.. Kruter, Jane L. Sparks, and Ruby Tilley}. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to appoint William Crowther as Chair. VOTE: UNANIMOUS 10. REPORTS a. Personnel Ordinance Revision - Drug and Alcohol Testing The Board was to receive a report on the possible revisions to the Orange County Personnel Ordinance to update the policy covering employee drug and alcohol testing and to implement the Board's direction as to handling positive drug and alcohol tests. DEFERRED 11. CLOSED SESSION 12. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordan to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS Margaret Brawn, Chair Donna S. Baker Clerk to the Board