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HomeMy WebLinkAboutMinutes - 20030415APPROVED 06/0312003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 15, 2003 7:30 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 15, 2003 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill, Sean Barhanian COUNTY STAFF PRESENT: County Manager Jahn 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) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Gordan submitted a correction sheet for the minutes, item 8-a. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. PUBLIC COMMENTS a. Matters not on the Printed Agenda Elliot Cramer submitted a copy of his information. He noted that there was no IRS form 990 submitted by APS for 2001-02, but they did submit something to charitable solicitation which reports a profit of $223,000+. He said that they omitted the minus sign, so it is rather surprising that APS lost $223,787 for last year. He would be surprised if the APS Board is aware of this. He said that this probably explains why the wildlife staff was fired and the operation closed. He thinks the County Commissioners should be concerned about this. He referred to the animal shelter FAQ, which states that the annual shelter cost is $1.2 million, but the information shows that it is really $617,000. This information came from Laura Walters. An additional statement was sent to Health and Human Services by APS that says that the shelter cost was $104,000. This information was from Dara Doss, the farmer bookkeeper. He made reference to Pat Beyle's comments that we need to let HSUS do what they do, and he thinks we need to let them do it right. He said that he has been assured by John Link that HSUS will look at the past records. He made reference to Kendall Page's comments about him as follows, "This board member is a board member who tries capital offenses, and she feared Elliot that night." He said that the Chair deserves an award for cutting him aff fearlessly. He made reference to Ann Petersen's comments that there will always be human errors. He said that the kinds of errors that have been reported monthly to the County are really inhuman errors. He noted that the APS 2001-2002 return was submitted and approved with no itemization of salaries, but with a County contribution of $420,000. He finds this astonishing. Chair Brown said that Mr. Cramer should take this to the County Health Board and Health Director. Pat Sanford addressed her concerns for the APS. Her main concern is for the animals and the adequate care, financial stability, and accurate record keeping. She said that there are many that are afraid to come forward because they are afraid that they will never be able to go to the APS shelter again. A lot of misinformation has gone out. She said that she has tried to get information from the shelter and only got it today with the help of the North Carolina solicitation office. She is concerned about the finances at the shelter and why the information is not available. She said that she received the APS newsletter today even though she has been a member for 20 years. She had to call and ask for it and it had some derogatory information about her. She thinks that the newsletter is scandalous and it paints the APS in a ridiculous light and she cannot understand the leadership of APS ever letting this out. She submitted a written statement. Chair Brown suggested that she also take this directly to the Health Board. Commissioner Jacobs arrived at 7:40 p.m. Shaina Gross is a master's student at the School of Public Health at UNC and for the past four months she has been working on a needs assessment of the Latino community in Carrboro. She invited the County Commissioners to a forum on May 3~d at the Lincoln Center at 10:00 a.m. where they will discuss the themes that have come out of the study. There will be large and small group discussion. Community members and service providers will be there. The meeting will be in Spanish with English translation. The public is also invited. b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. BOARD COMMENTS Commissioner Halkiotis made reference to the buff-colored sheet about school merger that says, "Research and provide information to Board on school merger and school opening bills that have been introduced in the general assembly provided in April 15th BOCC agenda package." He said that he could not find this information. He would like a report an the legislative activity regarding school mergers. Geaf Gledhill said that the information is in the packet with the legislative package. The only information he has found is email correspondence between Representative Insko and another member of the general assembly. The other member had not heard anything about these discussions of merger. Commissioner Halkiotis asked if someone could call the North Carolina School Board Association because he has received some emails from citizens who have forwarded information from this association. Commissioner Carey said that in discussions with a member of the State Board of Education last week, he learned that the State Board of Education decided last week to abandon the idea of mergers because there would not be much money saved in the short run. Commissioner Jacobs said that he read a report that described the legislation and a bill was introduced. He asked when the Board would have the legislative breakfast because there are a lot of issues to be discussed. Chair Brown said that they have been trying to schedule this. Commissioner Halkiotis made reference to the issues with the King business on US 70 West. He appreciated the column written by Katherine Wright, the former editor of the Chapel Hill Herald. He said that she highlighted the fact that the County has tried to do something with this place for a long time unsuccessfully. He said that in the interest of public good, the County might want to consider buying this property. He said that the article made reference to a new strategy of the County Attorney and he asked Geof Gledhill for an update soon. Commissioner Jacobs said that he had contacted the Caunty Engineer to see if he could find out if some of the people around Mr. King's property are on wells. He would like to approach this from a public health basis and see if the wells can be tested at the County's expense to see if there is water contamination coming from this site. If it is a public health hazard, the County might be able to enlist state or federal aid to clean it up. He would like to initiate some voluntary testing at the County's expense. Commissioner Carey said that the well testing would be reasonable. Commissioner Halkiotis said that he is still worried about the Hampton Pointe construction site. Across the street in the County's jurisdiction, there seems to be a field office for the construction company. He asked if it was in compliance with the zoning regulations. He asked if there was a safety issue with trucks going back and forth on NC 86. He brought this up at the last meeting, and he would like a report back. Commissioner Jacobs agreed and said that this construction is a short timeframe and this issue should be turned around as soon as passible. John Link said that there would be a response before the next meeting. Commissioner Halkiotis said that he is not happy with what is happening with this asphalt plant proposed in Hillsborough. He asked if there has been an adopted resolution against this asphalt plant yet. Geof Gledhill said that they have gotten direction to pursue this. Commissioner Halkiotis said that he heard at work that the state is not going to buy yellow school buses but will start leasing them. There will be a proviso in the lease that if the State does not meet the conditions of the lease, then it will fall to the counties and the local school systems to pick up the lease. He has requested a memo to both school superintendents to point it out to them and encourage some discussion with the Manager. Commissioner Halkiotis said that while he was cleaning his garage today, he collected 10 boxes of recycled white paper. He carried this to the recycling center on Highway 57 and there were no recycling bins far white paper. He asked the Manager to see about a white paper only recycling dumpster. Chair Brown said that we should check all sites for this. Commissioner Halkiotis said that he found two copies of the school merger report from 1986. He asked how we could expect people to answer some of the significant issues in the short time frame. He also said that he was concerned last night at the meeting with the school boards because he did not see the commitment on collaboration. Commissioner Gordon said that today was Triangle Transit Authority's 10`" birthday party for the regional bus. She distributed stickers. Congressman David Price spoke about the importance of transit at this celebration. Commissioner Gordon said that the Transportation Advisory Committee met recently and they are still negotiating with NCDOT on the draft state improvement plan and the draft Metropolitan Transportation Improvement Program. The staff has sent forward the air quality analysis. Commissioner Gordon said that the public hearing on the New Hope Creek bridge was successful and various jurisdictions forwarded their resolutions and NCDOT will schedule a follow up meeting. Commissioner Gordan said that NCDOT Division Engineer Mike Mills reported that the Board of Transportation approved the project to construct the left turn lanes onto Guess Road at the entrance to Little River Regional Park. Also, they are continuing the storm debris pickup. They will also remove trees and limbs that are leaning and hanging on the roads. Commissioner Gordon reminded the Board that the rural planning organizations are going to be organized soon. Commissioner Gordon said that she also got a legislative alert from the Council of Governments that there was a meeting of the Finance Committee that was called today and one of the things was a bill to reduce youth smoking and raise tobacco taxes. Commissioner Gordon said that the CHATPEC is continuing forward and they hope to get a report put on the agenda soon. Commissioner Carey said that he was prepared to ask the Board to respond to a request from Empowerment for an extension of time for the people who live within 3,000 feet of the OWASA/American Stone project to request their pre-blast surveys. He was looking through his information and saw the memo from Robert Davis and the matter has been addressed. He thinks that the people who live within 3,000 feet of the project need to know that they have until October 10, 2003 to request the pre-blast surveys. He commended the staff for keeping the Board up to speed. He also commended American Stone for having a dinner to educate the public about the quarry. Commissioner Carey said that Duke Power gave an advance notice that they would have tree cutters in his area to clear the power lines. He waited to see what would happen and if what they did was consistent with what they said they would da. There was consistency and he commended Duke Power for this. Commissioner Jacobs said that there has been some discussion about The Preserve, the development north of Hillsborough that has been proposed a few times. He would like to have some information on the agenda with the joint meeting with Hillsborough from Environmental Health about potential perking in this area. There is some discussion with the developer about putting in community septic systems. He wants to be sure this is on the agenda. Commissioner Jacobs asked that the Board write a letter of thanks to NCDOT Division Engineer Mike Mills because he helped get the turn lanes for the entrance to Little River Regional Park. Chair Brown asked staff to look into other areas where turn lanes are needed and if money is available. Commissioner Jacobs said that Mike Mills also mentioned a Driving Ahead Program proposed by the Governor to do a lot of repairs and there should be money in our division. He said that the County should be looking at opportunities to do road straightening, shoulder improvements, tapers, etc. He wants to make sure that we understand how much time we have to get this information and educate the public. Commissioner Jacobs made reference to the library being closed this summer. He asked about this and educating the public. John Link said that Library Director Brenda Stephens is working on a plan to provide library services elsewhere. Assistant County Manager Gwen Harvey said that she received an email update from Brenda Stephens today. In summary, given the renovations at the Whitted Building, part of the library function will have to be relocated. Some functions will be in the Whitted Building and some will be in a modular across the street, which is now being occupied by the Health Department. She will gather this documentation and report back to the Board as soon as possible. There will also be ample notification to the visiting public. Commissioner Jacobs asked that a press release be done for the media. Commissioner Jacobs made reference to the State of the Economy Breakfast where the figures on the poverty levels in Orange County were discussed. He said that everyone was surprised at how high the levels were. He asked if anyone had been looking at these numbers. Chair Brown said that at the Social Service Board meeting, she heard that the Social Services and the Economic Development Directors were going aver the numbers and will come back with an explanation. It appears to be the student population that is throwing the numbers off. Commissioner Jacobs made reference to the proposal to site a high school and said that there should be some kind of public comment component. He does not know if there is a policy on this, but it should be available for any school that is sited. Chair Brown said that on Friday they just received information about the siting of the school from the school district. She asked the County Commissioners to put forward any questions to the Manager for the next work session. Commissioner Carey asked about the plan to put it on the agenda for action. John Link said that the primary topic far the work session on April 24t" is to examine the proposal of the CHCCS board. The staff will examine the financial proposal. The Board can then decide the next steps. The school board will be invited to be at the meeting. Commissioner Gordon asked if the school board could be given a chance at the work session to make a presentation and then answer questions and John Link said yes. Commissioner Carey said that the school board should be able to give a presentation. The Board agreed to give the school board 15 minutes to make a presentation. Commissioner Halkiotis asked for a full explanation of all the legal ramifications from Geof Gledhill. Commissioner Jacobs apologized for leaving the meeting early last night. He congratulated Ray Williams far coming back to Chapel Hill. Chair Brown made reference to the pink paper about the proposed asphalt plant in Hillsborough. The Board had asked Geof Gledhill to represent Orange County at the Board of Adjustment meeting because the sheltered workshop is next door to the proposed plant. The sheet has four statements and one of them is for the Board to authorize the County Attorney to present the position about the asphalt plant and an ordinance that the Hillsborough Board adopted, which would outlaw asphalt plants in the community. Geof Gledhill said that the Hillsborough Town Board has scheduled a public hearing on a proposed moratorium, which would include asphalt plants. The Town Board will have to decide whether to adopt the moratorium and whether the moratorium will apply to current applicants. Chair Brown asked if Commissioner Halkiotis would rather do a resolution. Commissioner Halkiotis said that if we are against the asphalt plant, then we need to go ahead and say it. Geof Gledhill said that the Hillsborough Board of Adjustment is receiving evidence on an application for a permit to determine if this application meets all requirements of the zoning ordinance. It is not a public hearing about asphalt plants in general, this is a permit process. The County is using staff experts to make a case that this permit application does not meet Hillsborough's zoning requirements. On the 22"d, it is a political process that could lead to a legislative decision to not let the asphalt plants in at all. Commissioner Jacobs said that this might end in litigation. He said that the Board should contemplate assisting Hillsborough if litigation comes to pass. He suggested another point an the document stating that Orange County stands ready to work with Hillsborough in whatever way may be helpful to study andlor resolve these issues. Geof Gledhill said that the first two points could be "Whereas", and the last three could be under "Now, Therefore Be it Resolved." A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the resolution as stated below: RESOLUTION OPPOSING ASPHALT PLANT ON VALLEY FORGE ROAD WHEREAS, Orange County financially supports Orange Industries. Orange County owns the property located an Valley Forge Road on which is located the Orange Industries sheltered workshop. This property and the workshop are located next door to a proposed asphalt plant; and WHEREAS, because of the almost certain adverse impacts that an asphalt plant would have on the handicapped people working at Orange Industries sheltered workshop, NOW, THEREFORE BE IT RESOLVED, that Orange County supports Hillsborough's adopting a moratorium an the approval of permits for an asphalt plant operation on or in the vicinity of Valley Forge Road; BE IT FURTHER RESOLVED that: 1. Orange County supports the Town of Hillsborough's adapting a moratorium an the approval of permits for an asphalt plant operation on or in the vicinity of Ualley Forge Road. 2. Orange County supports any such moratorium applying to any applications pending far which Hillsborough zoning permits have not been issued. 3. The Board of County Commissioners authorizes the County Attorney to present its positions on a moratorium on the approval of permits far an asphalt plant operation an or in the vicinity of Valley Forge Road at the April 22, 2003 public hearing scheduled by Hillsborough to consider a moratorium for new manufacturing operations of Petroleum products (including asphalt plants); BE IT FURTHER RESOLVED that Orange County stands ready to work with Hillsborough in whatever way may be helpful to study andlor resolve these issues. This, the 15t" day of April 2003. VOTE: UNANIMOUS Chair Brown made reference to the Hoyle King junkyard and said that they are meeting with staff on Monday and she asked the Health Director to come back with information an well testing. Chair Brown made reference to the collaboration issue and said that she was going to send out a letter to both school boards. She said that there was an enthusiasm for the collaboration and she will be meeting with both school board chairs tomorrow. She will get very specific with them about what they are going to try and achieve and also how they are going to get the information needed for the merger study. 4. COUNTY MANAGER'S REPORT John Link recognized Gwen Harvey and Kent McKenzie who have graduated from the School of Government's County Administration course, which is a nine-month course. 5. RESOLUTIONS OR PROCLAMATIONS a. County Government Week The Board considered proclaiming the week of April 20-26, 2003 as Orange County Government VIleek and endorsing the "Official for a Day" activities. Management Analyst Sharron Hinton said that this is an annual event recognized by the National Association of Counties and the North Carolina Association of County Commissioners. This year Orange County will celebrate County Government Week with their 13t" annual "Official for the Day" program. High school students will come in and me ntor with department heads for the morning and attend a mock Board of County Commissioners' meeting in the afternoon. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve and authorize the proclamation as stated below: ORANGE COUNTY GOVERNMENT WEEK April 20 - 26, 2003 PROCLAMATION WHEREAS, The North Carolina Association of County Commissianers and the National Association of Counties have urged citizens across the state and the nation to learn mare about county government's role in our lives; and WHEREAS, Orange County government has served the citizens of the County since 1752 and places its emphasis on addressing citizens' concerns and needs; and WHEREAS, The elected and appointed officials of Orange County take pride in serving the citizens in the County and ensuring that each citizen knows he or she counts; and WHEREAS, County government provides a wide range of services including public safety, community planning, and human services, which have a direct impact on citizens; and WHEREAS, Citizens may learn about county services and resources through outreach efforts provided by County officials. NOW, THEREFORE, we the Orange County Board of Commissianers do hereby proclaim the week of April 20 -26, 2003 as Orange County Government Week, and further encourage all citizens to become familiar with the services provided by Orange County Government. This, the 15th day of April 2003. VOTE: UNANIMOUS b. Sexual Assault Awareness Month The Board considered proclaiming April as Sexual Assault Awareness Month in Orange County and approves the Proclamation and authorizes the Chair to sign. President of the Board of Directors of the Orange County Rape Crisis Center Christina Riordan said that she has been a volunteer for eight years. She read the last paragraph of the proclamation. She expressed deepest appreciation far the Board of County Commissioners' support. She said that their mission is to stop sexual violence and its impact. She said that during this month they have a clothesline project of T-shirts made by survivors and those who care far them. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: Proclamation Sexual Assault Awareness Month April 2003 WHEREAS, 381 primary and secondary survivors of sexual violence sought assistance from the Orange County Rape Crisis Center during 2002 {Orange County Rape Crisis Center Annual Report}; and WHEREAS, one in five North Carolina women have been sexually assaulted at some paint in their lives (NC Department of Health and Human Services, 1999}; and WHEREAS, in the United States, rape is the most costly crime to its victims totaling $127 billion a year considering factors such as medical cost, lost earnings, pain, suffering and lost quality of life {U.S. Department of Justice, 1996); and WHEREAS, in the United States, one in six women and one in thirty-three men has experienced a completed or attempted rape at some time in their lives (US Department of Justice 1998}; and WHEREAS, in a recent survey, 97°~ of parents surveyed by the Kaiser Family Foundation wanted sex education to include what their teen should do if raped {Henry J. Kaiser Family Foundation, September 2000); and WHEREAS, there are 5,915 sex offenders and sexual predators registered as living in North Carolina (State Bureau of Investigation, 2002); NOW THEREFORE do we, the Orange County Board of Commissioners, hereby proclaim the month of April 2003 as "SEXUAL ASSAULT AWARENESS MONTH" in Orange County and encourage all citizens to speak out against sexual assault and support their local communities' efforts to provide services to victims of this heinous crime. This the 15th day of April, 2003 VOTE: UNANIMOUS c. National Tourism Week The Board considered proclaiming the week of May 10-18, 2003 as National Tourism Week in Orange County, and authorizing the Chair to sign the proclamation. Communications Manager for the Chapel Hill/Orange County Visitor's Bureau Patti Griffin said that they are looking at increasing awareness of the impact of tourism on our local community. They are asking that the week of May 10-18 be proclaimed National Tourism Week in Orange County. They are partnering with the newspaper that will highlight the economic impact of tourism in Orange County. They will be profiling people in the hospitality industry and encouraging citizens to become tourists in their own community. They will also be distributing bookmarks. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the proclamation as stated below: PROCLAMATION NATIONAL TOURISM WEEK May 10 -18, 2003 WHEREAS, the travel and tourism industry supports the vital interests of Orange County, contributing to the County's employment, economic prosperity, understanding, and goodwill; and WHEREAS, total domestic tourism in Orange County generates an economic impact of more than $107 million, ranking the county 21 out of 100 counties in North Carolina in travel expenditures in 2001; and WHEREAS, state and local tax revenues from travel to Orange County amounted to $8.91 million in 2001, representing a $74 tax saving to each County resident; and WHEREAS, more than 1,720 jobs in Orange County were directly attributable to travel and tourism; and WHEREAS, travel generated a $26.27 million payroll in 2001; and WHEREAS, the area attractions, welcome centers and tours hosted nearly 1.1 million visitors in 2002; and WHEREAS, as people throughout the towns, states, countries and world become more aware of the outstanding cultural, historical, and recreational resources available in Orange County, and travel and tourism will become an increasingly important aspect in the lives of the County's citizens; and WHEREAS, given these laudable contributions to the economic, social, and cultural well being of the citizens of Orange County, it is fitting that Orange County recognize the efforts of the Chapel HilltOrange County Visitors Bureau and the importance of travel and tourism; NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim May 10 - 18, 2003 as NATIONAL TOURISM WEEK in Orange County and recognize that Tourism Works in Orange County. This the 15th day of April, 2003 VOTE: UNANIMOUS d. Armenian Martyrs Day -April 24, 2003 The Board considered recognizing and remembering Armenian Martyrs Day and the millions who perished in similar genocides throughout the 20th Century and proclaiming April 24, 2003 as Armenian Martyrs Day and authorizing the Chair to sign the proclamation. Commissioner Halkiotis read the proclamation. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve and authorize the Chair to sign the proclamation as stated below: A PROCLAMATION For ARMENIAN MARTYRS DAY WHEREAS, between 1915-1923, the extermination of more than one and one-half million Armenians and the deportation of countless other Armenians took place by the Ottoman Turks; and WHEREAS, during this atrocity, Armenians were forced to witness the slaughter of their relatives and the loss of their ancestral homelands; and WHEREAS, Armenians assert that the government of modern-day Turkey refuses to recognize the facts of genocide; and WHEREAS, the denial of the Armenian genocide by the present day Turkish government serves to taint the history and disavows Armenians of the right to their homelands and heritage; and WHEREAS, ancestral Armenian lands taken by the Ottoman Turks have not been returned to the Armenian people, nor have the Armenians received compensation for their losses; and WHEREAS, Armenians traditionally designated April 24t" as ARMENIAN MARTYRS DAY, in recognition and remembrance of those who died during the Armenian genocide; and WHEREAS, Orange County finds it equally important to remember the atrocities committed against others in the name or religious, racial and ethnic cleansing so that we do not forget the inevitable outcome of our daily intolerances; and WHEREAS, it is important to remember history so that mistakes of the past are not repeated for future generations; NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim April 24, 2003 as Armenian Martyrs Day and commend this observance to all Orange County citizens. THIS THE 15T" DAY OF APRIL. 2003. VOTE: UNANIMOUS Cammissianer Jacobs said that last year the Board discussed the six million Jewish deaths in the holocaust and he thinks it was many millions more. He thinks that the resolution should reflect this. He said that it was not only racial and religious intolerance, but they executed people who they thought were mentally defective and with whom they did not agree politically. d. Resolution of Appreciation for Volunteers Serving on County Advisory Boards and Commissions The Board considered a resolution of appreciation far the volunteers who serve on County Advisory Boards and Commissions and authorizing the Chair to sign the resolution. Chair Brown said that this expresses the open government that we have and that we actively seek people to serve on our boards and commissions to volunteer and support county government without any discrimination. Each volunteer will receive a bag that is crafted in Orange County. A motion was made by Commissioner Halkiotis, seconded by Cammissianer Gordon to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION VOLUNTEER RECOGNITION IN ORANGE COUNTY Whereas, the 30th annual National Volunteer Week has been designated as April 27thraugh May 3, 2003, with a theme of "Celebrate Volunteers -The Spirit of America!" to recognize and celebrate the efforts of volunteers at the local, state and national levels; and, Whereas, thousands of volunteers give of their time, energy and expertise to Orange County and other organizations to provide needed services to County residents; and, Whereas, volunteers have greatly contributed to the enrichment of our communities to help make Orange County a better place to live; and, Whereas, volunteers are an invaluable asset to Orange County departments and agencies and their service contributes to the cost effectiveness and efficiency of government operations; and, Whereas, the involvement of volunteers has strengthened and reinforced the democratic process with volunteers contributing their time to help address community challenges; and, Whereas, during April, the Orange County Board of County Commissioners will show its appreciation to its dedicated volunteers by presenting each with a gift, a canvas tote with the seal of Orange County printed thereon, Now Therefore be rt resolved that the Orange County Board of Commissioners sincerely thanks the many volunteers for their community spirit, expertise, dedication and commitment to the citizens of Orange County and hereby recognizes the week of April 27 through May 3, 2003 as VOLUNTEER WEEK IN ORANGE COUNTY This the 15th day of April 2003. VOTE: UNANIMOUS f. Legislative Items The Board considered approval of draft resolutions expressing Orange County's position on various legislative items, and authorizing the Clerk and Chair to forward the resolutions, along with a cover letter, to Orange County's legislative delegation, leaders of the General Assembly, the Governor, the North Carolina Association of County Commissioners, the two school systems, and the North Carolina School Boards Association. Commissioner Jacobs asked for clarification on how these legislative items got on the agenda. Chair Brown said that Commissioners Jacobs and Halkiotis along with the County Attorney have selected the items. If they are not accurate, then they need to be sent back. Commissioner Halkiotis said that he has problems with the two school related items. He does not want to take a position on a Schaal merger mandate. Chair Brown said that there was some confusion with the attorney in understanding the commentary of the Board. Geof Gledhill said that there is a revised resolution that does not include this item. Commissioner Halkiotis made reference to school starting after Labor Day and said that the tourism industry in North Carolina claims that it loses $350 million because of this. Geof Gledhill said that the estimate is $200 million. Commissioner Jacobs suggested that the legislative committee see these items before they go an agenda because it implies that the Board is taking these specific positions. Geof Gledhill said that he would omit the two resolutions about the school related items. He continued by summarizing the other items. Regarding the establishment of the location of the Durham Northern Loop Corridor, the staff had direction to bring it back to the Board. Since this bill was introduced, a new section has been added which reinforces the trust fund work on widening I-85, to which the Board has some objections. The resolution is crafted to say that the Board supports the bill seeking to establish the exact location of the Durham Northern Loop, but that it opposes the present design plan for I-85 widening in Orange County. The Board may not want to take any action on this since it is not likely that the two issues will be separated. In the same resolution is a bill, which would seek to establish a 20-member Highway Trust Fund Study Committee to look into the trust fund and how it is going to be applied. The next bill has to do with changing the method of valuation for motor vehicle taxes from market value to wholesale or trade-in value. The loss of revenue to the County could be from $1 to $2 million. The next bill would allow non-profit corporations that are affiliated with the University to build dormitory housing and be tax exempt. The bill proposes that the County Commissioners oppose this. There is also a letter from Watauga County that is also apposed to this bill for similar reasons. Commissioner Jacobs made reference to the Durham Loop and said that the bill misuses the word "intrastate". It should say "interstate." Commissioner Jacobs made reference to the issue of valuation and said that he hopes that the Association of County Commissioners is opposed to the bill that has already passed the House that would force local governments to purchase billboards. He would like to see this added to the next meeting. Commissioner Jacobs made reference to the University housing and said that maybe this is not all that bad because the University is probably trying to be creative in addressing the needs of housing in the community. He would hate to oppose it when we work so hard on affordable housing issues. He would like some more information about this. Commissioner Halkiotis agreed with Commissioner Jacobs on the housing issue. The Board removed the school related items and Senate Bill 277. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolutions as stated below related to Senate Bills 384, 34, and 512. The resolutions will be forwarded, along with a cover letter, to Orange County's legislative delegation, leaders of the General Assembly, the Governor, and the North Carolina Association of County Commissioners. NORTH CAROLINA ORANGE COUNTY RESOLUTION REGARDING LEGISLATIVE MATTERS WHEREAS, the North Carolina General Assembly has in past years enacted special interest legislation that has had the effect of eroding the property tax base, thereby weakening local governments' ability to adequately perform their designated functions; and, WHEREAS, the Orange County Board of Commissioners opposes these actions; NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County take the following positions on legislation regarding the following matters: 1} Oppose Senate Bill 512, version 1, a copy of which is attached as Exhibit A, and appose all subsequent versions or other bills that seek to change the method of valuation for a motor vehicle far local property tax purposes from the current standard of its true value in money to any other standard, including the vehicles' wholesale or "trade-in" value as proposed in the bill. The true value of a motor vehicle in money is its market value, the same value placed on other real and personal property. NORTH CAROLINA ORANGE COUNTY RESOLUTION REGARDING LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County take the following positions on legislation regarding the following matters: 2) Support Senate Bill 384, a copy of which is attached as Exhibit A, which seeks to establish the exact location of the Durham Northern Loop Corridor. This bill also directs funds allocated from the Highway Trust Fund for the Intrastate System, including the widening of Interstate 85 in Orange County. Orange County opposes the present design plan for Interstate 85 widening in Orange County. 3) Support Senate Bill 34, version 2, a copy of which is attached as Exhibit B, that seeks to establish a 2Q-member Highway Trust Fund Study Committee; VOTE: UNANIMOUS Chair Brown asked for the staff to stay alert to anything about mental health. 6. SPECIAL PRESENTATIONS a. Final Report from the The Board received as information the final report prepared by the Human Services Advisory Commission on the proceedings of its Human Services issues Forum for 2QQ2. Assistant County Manager Gwen Harvey introduced Co-Chair of the Human Services Advisory Commission Rosetta Wash. This past fall, the Commission hosted its 13tH annual forum at the Friday Center addressing issues of abuse across the population spectrum. Milan Pham provided help with the PowerPoint presentation. Rosetta Wash said that the forum was on September 10, 2QQ2. The purpose of the forum was to ask the community to generate ideas for solving the problem of abuse against the elderly, young children, teens, and domestic partners. Itwas awell-attended event. She made reference to page four, which showed the participants in the forum. There was one expert panelist for each of the populations and then one small group for each population addressed. The group results were broken down into four categories -Public Awareness Information and Advocacy, Training and Education, Direct Service, and System Integration and Communication. Under Public Awareness Information and Advocacy, it was suggested that the Orange Book be updated. Under Training and Education, one of the suggestions was to teach anger management in the schools. Under Direct Service, it was suggested that the Elder Community Watch program be enhanced. An example of the System Integration and Communication was to involve more youth in community decisions that affect youth. Many of the participants were pleased with the expert panelists and that the issues of abuse were broken dawn to cover the various populations. In conclusion, the Human Services Advisory Commission thanks the County Commissioners for receiving this report and they stand ready to assist the Board in all of these endeavors. Chair Brown said that the Board addressed the Orange Book at its retreat and is proceeding with this. Commissioner Jacobs thanked the HSAC for its work. He asked about the potential topic for next year. Rosetta Wash said that they have not made the final decision yet. 7. PUBLIC HEARINGS -NONE 8. ITEMS FOR DECISION--CONSENT AGENDA A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve those items on the consent agenda as stated below: a. Minutes The Board approved {with corrections as submitted by Commissioner Gordon) minutes from the fallowing meetings: January 25, 2003 Board Retreat; February 24, 2003 Quarterly Public Hearing; and February 26, 2003 BOCC Work Session. b. Appointments -none c. Motor Vehicle Property Tax Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 28 requests for motor vehicle tax refunds. d. Chance in BOCC Regular Meeting Schedule This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA d. Change in BOCC Regular Meeting Schedule The Board considered one change in the County Commissioners' regular meeting calendar for the year 2003 by adding a meeting on Thursday, May 1, 2003 to begin at 11:30 a.m. at the Government Services Center, 200 South Cameron Street, Hillsborough, North Carolina. Commissioner Jacobs said that he was not aware of this and he has a conflict at this time. Chair Brawn said that the Pravast of the University called her and asked her to have lunch and she suggested that he have lunch with all of the County Commissioners, and he accepted the invitation. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the change in the County Commissioners' regular meeting calendar for the year 2003 by adding a meeting an Thursday, May 1, 2003 to begin at 11:30 a.m. at the Government Services Center, 200 South Cameron Street, Hillsborough, North Carolina. VOTE: UNANIMOUS 6. ITEMS FOR DECISION--REGULAR AGENDA a. Proposal to Change Dental Clinic Service Delivery The Board considered a proposal to change the manner in which Orange County Health Department Dental Clinic services are delivered to patients by realigning currently budgeted resources. The realignment consists of establishing a permanent full-time Dentist position to serve children and adult patients in both clinical locations and serve as clinical director and clinical supervisor of the County's dental program effective June 2, 2003; to reduce the current full time Dental Hygienist position to part time 20 hours; and to amend the Classification and Pay Plan to add the new classification of Dentist at salary grade 83. Health Director Rosemary Summers said that they are proposing to realign resources to hire a dentist position for the health department. They will fund the cost of this position by realigning the budget and reducing the professional services contract with the University of North Carolina School of Dentistry and realigning the Dental Hygiene position to a half-time position. She acknowledged the board members that wanted to make comments. PUBLIC COMMENT: Janet Southerland is a past Orange County Board of Health member and dentist representative and past vice-chair. She said that in the past the program has been contracted with the UNC School of Dentistry for a portion of the Director's time. The Director coordinates to have other faculty came into the dental clinic. As time has gone on, there has been a need for change because of the increased responsibility of the Director at the school and in his progress of retirement very soon. This has left a gap in continuity of care. She thinks that this is the perfect opportunity for the Board of County Commissioners to enhance dental services for the County. Jessica Lee is the current dental representative an the Board of Health. She is also an the UNC faculty and has been apart-time faculty member at the dental clinic. She is excited about this position because of the retirement and the phase out of the Director. She highlighted the importance of continuity of care for our citizens. These patients see different dentists on different days of the week and this is not good. This needs to be improved with one dentist and increasing the continuity of care. She said that there is also potential for increased revenue by having a consistent person. Lorie Sotelo is a client at the Orange County dental clinic. She said that it would be reassuring to know that her children would see a familiar face. Her child has some different allergies and it is frustrating for her to have to explain this to different dentists each time. She has six children that have been to the dental clinic and it would be nice to see the same face each time. She would like to see a full time dentist there that is consistent. Chair Brown summarized the Manager's recommendation. Commissioner Jacobs asked Rosie Summers to walk through the cost differential. Rosie Summers said that the current budget contract for part-time dentists is $86,450. For afull-time dental position, they believe the contract would be $89,043. The dental position cost is estimated to be $112,637, which includes benefits and malpractice insurance. There is a full-time resident that rotates and a pediatric resident that comes in one day a week. They plan on keeping these two residents. The subtotal for next year's budget would be $142,769, and the new scheme would be $166,363. They will balance this with the reduction in the full-time dental hygienist at $49,521 full-time going to half time at $37,200, which includes benefits. The total cost in a change in the way services are delivered goes from $201,214 to $203,563 for improved service. Commissioner Jacobs made reference to the comment by Jessica Lee that there would be increased revenue by having a consistent person. He asked if it would be wiser to wait and see if you need to cut the dental hygienist in half. Rosie Summers said that it would be preferable to have the option of having more than ahalf-time dental hygienist. She was trying to make the proposal budget neutral. Commissioner Jacobs said that he would feel comfortable to add the hygienist back to full-time if the revenue warranted it. Commissioner Halkiotis said that he is fully supportive of approving this proposal. He said that it was really sad that the University had to pull its support of the dental program at the health department because of state budget cuts. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to establish a permanent full-time Dentist position to serve children and adult patients in both clinical locations and serve as clinical director and clinical supervisor of the County's dental program effective June 1, 2003; reduce the current full-time Dental Hygienist position to part-time 20 hours; and amend the Classification and Pay Plan to add the new classification of Dentist at salary grade 83. VOTE: UNANMOUS b. Boards and Commissions The Board considered the list of Boards and Commissions an which members of the County Commissioners serve. Commissioner Jacobs said that he and Commissioner Gordon have had time to talk and she would give up her membership on the Triangle J Council of Governments to him. He suggested that the Board move forward far the rest of this year and ask the Chair and the Clerk to get together and take the two proposals and come up with something different. He said that it would be timely to look at the boards and commissions to see if they have outlived their usefulness. He said that perhaps not every board needs a County Cammissianer. He encouraged the Clerk and the Chair to try and reorganize the boards and commissions into different categories. Commissioner Halkiotis proposed that the Chair and the Clerk set up a series of meetings with each Commissioner separately so that all five are involved independently. He echoed Commissioner Jacobs' comments. Same boards need Commissioner representation, but most do not. He would like to streamline the list. Commissioner Gordon thinks that the suggestions make sense. She said that the main thing is to focus on good government. She suggested that Commissioner Jacobs go on the Triangle J Council of Governments as a member as opposed to an alternate and that she ga on the Southern Park Community Committee as a member as opposed to an alternate. Commissioner Carey said that, with all due respect, he would decline to meet with the Chair and the Clerk to talk about meetings because he has enough meetings to attend. He thinks each Commissioner should pick two that they would most prefer to keep from the ones that they currently serve on and all the other committees should use a round robin approach. He recommended not using the seniority approach for the round robin part. The round robin part could start with the least senior member of the Board. Chair Brown said that she does not think it is necessary for two Commissioners to be an some of these boards. Commissioner Jacobs said that Cammissianer Carey just articulated what he had proposed to Commissioner Gordon as a compromise -give each Board member two boards or commissions and then have a round robin. Commissioner Carey said that his suggestion was for next year and the appointments can stay where they are for this year. The Board agreed to keep the current boards and commissions for the rest of the year. 10. REPORTS a. Regional Evacuation Study The Board received a report on a study of a seven county region (including Johnston, Chatham, Wake, Durham, Alamance, Guilford and Orange) that assessed the abilities of governments to evacuate or isolate all or part of that region in case of emergency and that identified some available resources within the region. Commissioner Halkiotis said that it was interesting that yesterday they were issuing potassium iodine pills to the children in schools in Wake County. This was one of the issues brought up at the forum regarding possible problems at the Shearon Harris nuclear plant. Chair Brown said that she considers this a very important report. She would like to send it to other governments in the region for their information. EMS Director Nick Waters said that they came to the Board in January 2000 to ask to receive a grant to allow them to do this study because concerns were raised about planning for evacuations or isolations. EMS Deputy Director Kent McKenzie gave the PowerPoint presentation, which is incorporated by reference. This study was a joint project with Guilford, Chatham, Durham, Wake, Alamance, and Johnston Counties. The purpose of the study was to provide recommendations for addressing terrorism, identify a comprehensive management strategy for dealing with mass casualty situations, and to provide an analysis of terrorist targets and threats. He summarized the weapon types and attack scenarios including nuclearlradiological, biological, chemical, explosive, and others (agriterrorism, ecoterrorism, and cyberterrorism). Potential targets of terrorist acts include airports, government buildings, sports arenas, schools and universities, shopping centers, hospitals, 911 centers, railways, laboratories, and public utilities. The study identified 3,776 licensed hospital beds in the region. Not all of these beds are available at any given time. There are 4,829 licensed physicians in the study region, although not all of these have had any training in emergency or disaster medicine. The total regional population was considered and there are na existing regional evacuation plans ar routes, no identified reception areas, and based on DOT flow formulas, immediate evacuation is not possible. The evacuation time for the region is five to six days. Also, immediate city-wide or a larger quarantine may be impossible because of too many control points, too many non- system access routes, and too few officers available. In conclusion, the study indicated that our region is at risk for all types of terrorism, there might not be enough hospital beds to handle the number of casualties, evacuation might take a week or more, only a limited quarantine is passible, and there is inadequate communication and very limited interoperability at the regional response level. The recommendations include increased statewide public education, policies to protect critical infrastructure, emphasis on shelter-in-place education and policies, develop or improve medication distribution and mass vaccination policies, public health tracking system, explore private sector Hazmat responselcleanup, increase decontamination capabilities, provide Weapons of Mass Destruction (V11MD) training for all law enforcement officers, and develop partnerships of public and private responders and specialists. Copies of this study have been provided to the North Carolina Division of Emergency Management and to all participating counties. Citizens can access the full report at the County Commissioners' library in the Government Services Center, at public libraries in Orange County, and on the website at www.co.oranc~e.nc.us/ems. Nick Waters said that this study has created more questions than answers and they are going to think about how to address these issues. He made reference to the small pax vaccination plan that the Health Department is working on and said that they should work together and test the plan and make sure that the assumptions will work. Commissioner Halkiotis asked about the 578 licensed beds in Orange County. Nick Waters said that this only refers to hospital-licensed beds. Commissioner Halkiotis said that this past Saturday morning he got caught in traffic getting to Greensboro from Burlington and it was a normal Saturday morning and it was a gridlock. He said that it would be scary if something actually happened and there had to be an evacuation. Nick Waters said that they have sent the study to each county that was involved in the study so they could start planning. The next step is to prioritize the mast probable scenarios and come up with a plan. Commissioner Gordon suggested concentrating on immediate action on evacuation because if anything happens, people are going to evacuate. Nick Waters said that this is a difficult task because people will be evacuating in different directions depending on the crisis. Commissioner Jacobs suggested a page in the study that states under whose auspices this was done because the recommendations are deeply political. He also asked about the evacuation plans. Nick Waters said that the only regional evacuation plans that are in place are the coastal counties to move people from the coast inland. They developed an I-40 reversal strategy from Wilmington through Wake County and both lanes of I-40 will be west bound. There is no plan on where to go after that. Commissioner Jacobs said that he would like to see recommendations from the staff an what the Board can advocate for with the state legislature, the governor, and congressmen. Chair Brown confirmed with Nick Waters that this was a good thing to put on the Assembly of Governments agenda as a presentation. Chair Brown's concern is with the Nuclear Regulatory Commission and the nuclear power issues and the reliance that evacuation is the only solution to dealing with an accident. This study shows that an evacuation plan would not help Orange County. She would like this to be known to as many people as possible because we need to face reality and not pretend that we are capable of evacuating all of these people. Nick Waters said that the most important thing that the study pointed out was the need for honest statewide education about these issues. 11. CLOSED SESSION 12. ADJOURNMENT A MOTION WAS MADE BY COMMISSIONER HALKIOTIS, SECONDED BY COMMISSIONER CORDON TO ADJOURN THE MEETING AT 10:00 P.M. VOTE: UNANIMOUS MARGARET BROWN, CHAIR DONNA S. BAKER CLERK TO THE BOARD