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HomeMy WebLinkAboutMinutes - 20031118APPROVED 03/04/04 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING November 18, 2003 The Orange County Board of Commissioners met in regular session on Tuesday, November 18, 2003 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, and Commissioners Moses Carey, Jr., Alice M. Gordan, Stephen Halkiotis, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: 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} NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board delayed item 8-i until December 1 S . The Board delayed item 9-c3 until December 1St due to gathering of more information from the Planning Board. There were substitute abstracts far item 8-g and 8-h. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve additions and/or changes to the agenda as stated above. VOTE: UNANIMOUS PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. PUBLIC COMMENTS a. Matters not on the Printed Agenda Sandy Peterson is an Orange County resident, a frequent user of the library, and a member of Friends of the Library. She is concerned about the inadequate facilities. She said that the library has 12,650 square feet versus the guidelines for North Carolina Public Library recommendation of 48,100. This is 26% of the recommended space. Chapel Hill has 94% of the recommended space. She understands that when the library moves out of the trailer, that it will actually have less space in the Whitted Building. There has also been no additional shelving added since 1980. She said that it seems to be getting worse. The Orange County library spending per capita is $6.33. The State average is $15, and Chapel Hill's spending is $36.29. She would recommend some changes. Chair Brown said that we have a Library Committee and she will send the concerns to John Link and the Library Committee. Mauricia Castro is the director of EI Centra Latino and he came to thank the Board of County Commissioners for their support far their Many Cultures One Race fundraiser. They raised $16,444 that will be used for youth programs at EI Centra. He presented the County Commissioners with an event T-shirt to thank them for their support. Commissioner Carey asked how many participated in the race and Mr. Castro said that there were 744-844 runners. Including the volunteers, there were about 3,444 people involved in the event. Chair Brown asked if they had broken off from the festival that used to be held at Chapel Hill High School. Mr. Castro said yes, because the Fiesta Del Pueblo had moved to Raleigh. Commissioner Halkiotis thanked Mr. Castro for opening up this center four years ago. Bridget Booher, President of the Friends of the Library, read a prepared statement as follows: "Like many in the community I was thrilled to hear last spring that the library was undergoing a renovation. It was clear that the 84-year-old Whitted building -which the library moved into in 1984 -was showing its age. Books were stacked in any available windowsill, patrons waited to use the limited number of public computers, and community outreach programs were ~Iled to capacity. When I became the Friends president, I began to understand the complexities associated with this renovation process, and the multiple factors associated with it. As two weeks stretched into four months stretched into now almost eight months, it's become clear that a more apt term for this process is maintenance rather than renovation. While no one could foresee the impediments that this project encountered along the way -such as the discovery of asbestos and other health hazards - it has been hard for library patrons and Orange County citizens to get a handle on what to expect in terms of space and services once the library reopens. We understand that space allotment is a complicated matter, particularly given the County's limited real estate options. But given that the library facility was already pushed to capacity before these maintenance operations, and that compliance with ADA and fire codes requires creative thinking simply to accommodate - accommodate, not expand -necessary services - I speak on behalf of many in the community when I say we are deeply concerned about the short and long-term future of the library. The move-in date is now estimated to be less than two months away. When can patrons expect to know haw these maintenance procedures will affect space and services? When can local teachers and parents that home-school their children be assured that sufficient resources will be available for the spring semester curricula? Will we need to tell our volunteers we don't have adequate workspace for them? Can the Friends count on having space in which to hold our annual book sale fundraiser? My colleagues in the Friends and I are eager to help in any way we can to resolve not only this short-term issue, but also to address the long-term viability of the library. I am grateful for the willingness of the Commissioners and County Managers to meet with citizens groups such as the Friends and work with us as we move forward with purpose and perseverance toward this important and worthwhile goal." Jeff Schmidt said that he is involved with numerous civic and service organizations in the County. Of all the volunteer activities, the most rewarding is with Pathways Elementary School, assisting first-graders with reading. He encourages them to read as much as possible and for them to get a library card. He is afraid that with the planned changes to the library, that his first-graders' opportunity to use this library may be limited. He said that the front meeting room where children's programs are held is planned far reduced usage. This space also is used as storage capacity for the library's only fundraising group. He said that the news media has a lot of coverage about the concerns for the highest quality education that can be provided to our children. The library is a direct asset to further the education of all. He said that we should be finding ways to enhance the capabilities of this asset and not shrink its size. Robin Staudt said that the Orange County library is an important part of the community in Orange County. It is for many of the underprivileged in this County their only link to computer access and varied reading materials. The library is the one source of unrestricted access to their outside world. She said that the Orange County library staff has worked diligently for a long time in cramped quarters to provide the best services for the public, yet they are extremely under-funded and treated by the Board as an annoyance. They are also getting their space cut and the County citizens pay taxes to support the library, and it reaches far more citizens than any other function in County government. She said that the citizens deserve better treatment from this Board. She gave some background on her experiences with the library system. She told of a story of a playwright who began skipping school and going to the library. The playwright wrote the most noted play about Black American life - "Fences." Chair Brown recognized Boy Scout Troop 822 that was in attendance to observe the Commissioner's meeting for their merit badge far citizenship in the community. Commissioner Halkiotis made reference to the library concerns and said that he would like feedback at their next meeting about the rumor of less space. He said that it is very difficult to take a building that is in excess of 75 years old and try to retrofit it to meet the standards and to meet Cade issues. They also had to deal with bats. These things cause delays. The Board understands the importance of libraries and he would like an update from the County Manager. John Link said that he had a good conversation with Ms. Booher and he said that some space that is lost is far computers and there are some functions that were located in the hallway that the Fire Marshall will not allow to continue. He said that they are not giving away space to other entities. He will report back at the next meeting. Chair Brown would like a layout of the interior design of the library, before and after renovations. 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 US 70 at Palmers Grave Road and how he witnessed a bad accident there last week. He said that ever since DOT put up guardrails and resurfaced the road people are going really fast on that road. He wants to send a letter to the Sheriff to put a radar there to slaw people down. Commissioner Halkiotis said that the North Carolina Food Bank has opened up three food distribution centers in this County and is opening up a fourth one this week. He said that he was surprised that there are sa many here in spite of all the efforts the County has made through (7CIM, Social Services, etc. He requested from John Link to see who is in charge of this operation and how many people are participating. The fourth food bank is located at Palmers Grove Methodist Church. Commissioner Halkiotis said that in the Manager's memo, there was a memo from Solid Waste Director Gayle Wilson to the Manager talking about an update on a regional publicly owned landfill site search. He read from the memo as follows: "The project grew out of a request by a group of Triangle Mayors, including Cary, Chapel Hill, Durham, and Raleigh, who have been meeting monthly to explore areas far regional cooperation. They determined that solid waste was one area of potential regional cooperation. TRSWPC has pursued that option by developing the exploration of a regional landfill operation with a minimum 20-year life." He said that he is not a solid waste professional but he has visited many waste centers. He remembers Commissioner Jacobs telling them of an elected official from the legislature in Durham who said that the only reason that counties exist are for cities to annex. He said that they are not going to site a regional landfill within any city limits. It will probably be sited within same county's jurisdictional area. He thinks the County Commissioners should be involved in this process somehow. Chair Brown said that she was surprised about this too. Commissioner Gordon said that Sharon Cooke and other citizens were concerned about traffic on Homestead Road and this item was supposed to came back tonight but because Planning Director Craig Benedict suffered the tragic loss of his sister, this item was delayed and hopefully will come back on December 1St. She gave her condolences to Craig Benedict on the terrible loss of his sister. Commissioner Gordon made reference to the Transportation Advisory Committee meeting and the safety issues at Homestead Road and High School Road. She said that she brought this up to TAC in hopes that they could provide some funds to this situation. The committee members were supportive. They referred it to the staff for a recommendation on the source of funds. There are many sources of funds. Commissioner Gordon reported next on Phase I I of the regional transit project and said that the TAC would be in charge of funding and has asked TTA to initiate the NEPA process for 15-501. TTA is going to point out that there are not any funds allocated, so the two staffs are going to have to work together about where to get funds. The other project that the TAC is looking at is the I-40 high occupancy vehicle lanes. The study has been completed and is available. It is clear that 15-501 is now the preferred project. Commissioner Gordon said that Orange County is updating its comprehensive plan and the County Commissioners need to know if there is something that needs to be set-aside in the land use plan for transit. Commissioner Jacobs said that Durham County has instituted impact fees for schools and now Durham County is being sued by the Durham-Orange Homebuilders Association. He thinks this is a constitutional issue. He asked the Board of County Commissioners to authorize the County Attorney to work with the NCACC to file a brief in support of Durham County. He said that development does not pay for itself, despite the assertions of the Homebuilders Association. Commissioner Halkiotis agreed and asked the Clerk to research the video library of the evening when the then President of the Durham-Orange Homebuilders Association and former Mayor of Durham Nick Tennyson testified before the County Commissioners and was against impact fees in Orange County, but was for impact fees far water and sewer improvements to aid residential development projects, but not for schools. Commissioner Carey agreed and said that he is sure this will be an issue with the Board of Directors of NCACC. Commissioner Jacobs asked for the County Attorney to report back to them. Commissioner Jacobs said that in today's News and Observer, there was an article about a group called the Canary Coalition that has been urging local governments to contest a recent decision by the Bush Administration to make it easier for industries to expand without upgrading pollution controls. A lot of attorney generals are suing the U. S. government to block this from happening. He asked the staff to find out if this group would like to come and make a presentation. Commissioner Jacobs said that he brought up the concern at the last meeting about the pace of inspections. He asked for a report at the next meeting because this is still an issue. There is another group of builders that wants to meet with him and talk about this next week. John Link said that they are going to present a report and also to do what it takes to reduce the time it takes to get an inspection. Commissioner Carey asked for information about the standard time it takes for surrounding counties to do inspections. Commissioner Jacobs said that they need a report on the Whitted Building renovations and they have not had a comprehensive look since before the renovations. He would like to address the concerns of the public. He said that he did not realize that they were going to put the library into a mobile unit for eight months. He said that they are trying to open up a library branch at the Northern Human Services Center in Cedar Grove. Another group is meeting Thursday to try and decide how to address the library issue in Carrbaro where there is a branch at McDaugle. There is also a proposal to have a downtown presence. He said that they realize the County still has a way to go with library services. Commissioner Jacobs said that TTA came to the Central Orange Senior Center in Hillsborough far a public outreach meeting on what services are currently being provided. He asked Commissioner Gordon to thank TTA at the next meeting. Commissioner Gordon asked if there was anything concrete that came out of the meeting. Commissioner Jacobs said that they were just receiving information. He said that TTA said that we should not expect rail service in Orange County for at least 50 years. Orange County Transportation Director AI Terry said that the reason that TTA came was to see if they could get TTA presence back in Northern Orange County. This is one of many forums that TTA and OPT are putting together as a joint effort. Commissioner Gordon said that she had received a call from TTA staff right before the meeting to notify her and to see if she could attend. However, she had a conflict, since she had to attend the TAC meeting. Commissioner Jacobs reported that he and Rod Visser gave a presentation at East Chapel Hill High on potential impacts of a proposed merger of the Orange County and Chapel Hill-Carrboro school systems. There were about 60 students there and they were not antagonistic. He said that more young people needed to participate in the government process. Commissioner Jacobs congratulated Chair Brown about being honored on Saturday by NC WARN for her efforts in fighting the waste storage at the Shearon Harris Nuclear Plant. Chair Brown said that she accepted the award on behalf of the Board. She said that NC WARN would be at a County Commissioners' meeting to congratulate them on the victory. Commissioner Carey said that he saw on attachment 5 of the Manager's Memo that citizens came to the last meeting the was out of town} and expressed concern about the noise coming from the Whitted Building. He commended the staff for being proactive about this. He said that he was over there and the noise was very loud. Commissioner Jacobs asked if they could share the report with the citizens that complained and John Link said yes. Commissioner Carey asked about whether home-school students are allowed to use public school libraries or only County owned libraries. He asked for an answer to this in a memo. Commissioner Carey asked about the status of the Nutter soccer field. Chair Brown said that there is a report forthcoming an this. Commissioner Carey asked about the tennis courts in East Chapel Hill because he was approached by Rev. Bob Seymour. He thinks that the Carol Woods residents made an offer to the Chapel Hill-Carrboro City Schools about possibly maintaining the courts for the possibility of using them during non-school hours. He asked for a report on this. Commissioner Carey said that at the September 16t" meeting, there was a task force from the HSUS report and he and Chair Brown volunteered to make a recommendation of the composition of the task force. He wants to get this moving and he drafted a proposed task force and distributed it. Chair Brown said that they are having an affordable housing meeting that includes all non-profit affordable housing groups on November 24t from 9:04 a.m. to 12:44 p.m. at the Southern Human Services Center. They are going to discuss how they are pursuing using monies from County bonds and other sources. Chair Brown said that she is concerned about the library. She made reference to Mr. Schmidt's comment and said that she thought the resource center was very nice. She asked how the school board puts books in the resource center far Pathways. She would like to know the adequacy or inadequacy of Pathways' resource center. Chair Brown said that she, Chatham County Commissioner Margaret Pollard, John Link, and the Chatham County Manager would be meeting tomorrow to discuss mental health issues and mental health reform. Chair Brown said that today there was a meeting of the Triangle Chairs and they discussed mental health reform. They came up with the conclusion that the mental health reform process is going way too fast and the State is not supplying money as it promised for community support. She said that this is a critical situation. She wants to create a vision for what Orange County needs. 4. COUNTY MANAGER'S REPORT John Link commended the Boy Scout troop. 5. RESOLUTIONS OR PROCLAMATIONS- NONE fi. SPECIAL PRESENTATIONS a. 2002-2003 Comprehensive Annual Financial Report fCAFR) The Board received the Comprehensive Annual Financial Report {CAFR} and Single Audit Report for the fiscal year ending June 34, 2443. Finance Director Ken Chavious gave a PowerPoint presentation, which follows. The audit was performed by Cherry Bekaert & Holland. Staff was very pleased with the outcome. ORANGE COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT JUNE 30, 2003 DISCUSSION TOPICS ^ General Fund Rctivity ^ Capital Projects ^ Fund Balance Position (General Fund) ^ Debt Position ^ Single Audit and Grants ^ Audit Results ^ Fiscal Highlights ^ Future Considerations GENERAL FUND ^ REVENUES AND TRANSFERS TOTAL $119.1 MILLION ^ INCREASE OF 5.1 % OVER 2x02 ^ LEADING SOURCES OF REVENUE Properfy Taxes (65.9%), Sales Taxes (13.4%) and Infergovernmenfal (10.1 %) ^ ADDITIONAL % CENTS SALES TAX (Generafed $1.7 million December ~ Through June 30) PROPERTY TAXES ^ ASSESSED VALUE $9.4 BILLION 2003 ^ 1 NCREASE OF 3, 3 % OVER 2002 ^ 98.6% DF LEVY COLLECTED (State Average is 96,4%) ^ REMAINS ONE OF THE STATE'S BEST ^ COLLECTIONS EXCEEDED BUDGET GENERAL FUND EXPENDITURES AND TRANSFERS ^ EXPENDITURES AND TRANSFERS TOTALED $118,6 MILLION ^ INCREASE OF 2.3% OVER 2002 ^ LEADING EXPENDITURES INCLUDE EDUCATION, HUMAN SERVICES AND PUBLIC SAFETY (83%) EXPENDITURES FOR EDUCATION $59 MILLION GENERAL FUND DOLLARS FOR EDUCATION ^ Current Expense $42 million ^ Capital 3 million ^ Debt Service 74 million ^ Number ~ in the State According to Most Recent Public School Forum Report CAPITAL PROJECTS ^ $ ~ 8.8 Million in School Capital Projects ~ OCS $6.3 Million -CHCCS $12.5 Million ^ $5.6 Million in County Capital Projects $2.4 Million in Building Improvements Purchase of 112/718 Churton Street Hardware and Software for New Financial System FUND BALANCE POSITION ^ $12.3 Million Undesignated as of 6/30/2003, ^ Increase of $700 Thousand from 2002. ^ 10.4% of 2003 Expenditures. ^ 9.5% of 2003-2004 Budget. ^ Surpasses 8% LGC Recommended Minimum. ^ $2 million in fund balance appropriated for 2Q03-20Q4 Budget. ^ 2.2 CENTS TAX RATE EQUIVALENT. FUND BALANCE ^ FUND BALANCE REMAINS SOUND. ^ % CENTS SALES TAX KEY FACTOR, ^ BOCC USED PORTION OF NEW TAX FOR FUND BALANCE RESTORATION. DEBT POSITION ^ OUTSTANDING DEBT a~ 6/30/03 $47.8 MILLION. ^ DEBT EVIDENCED BY ^ BONDS $113.9 MILLION ^ ALTERNATIVE $ 33,9 MILLION ^ $19.2 MILLION 2001 BONDS SOLD APRIL 2003. ^ $20 MILLION 1993 BONDS REFUNDED. - GENERATED $200 THOUSAND IN ANNUAL SAVINGS. ^ $3.5 MILLION ALTERNATI VE FINANCING. DEBT POLICY PARAMETERS ^ Debt will not exceed 3! of Assessed Value - Actual Debt = 1.56% of Assessed Value ^ Debt Service Payments III Not Exceed 15% of Operating Expenses - Actual P~~nts =13.5°10 of Operatvg Expenses DEBT SUBSEQUENT YEAR ^ CURRENTLY REVIEWING DEBT ISSUE PLANS FOR 2003-20Q4 IN FOLLOW-UP TO THE OCTOBER WORKSESSION.. ^ REVISIONS TO THE SEPTEMBER 2Q02 PLAN WILL BE FORTHCOMING ^ $56 MILLION 2001 BONDS UNISSUED ^ $1,2 MILLION 1997 SEWER BONDS UNISSUED SINGLE AUDIT AND GRANTS ^ GRANT FUNDS MANAGED $79 MILLION ^ DSS FUNDS $69 MILLION $ 9 MILLION RECEIVED BY COUNTY $60 MILLION DIREGT VENDOR PAYMENTS ^ HOUSING AND CD FUNDS $5.4 million ^ NO FINDINGS OR QUESTIONED COSTS MUNIS IMPLEMENTATION ^ December 2002 BOCC Approved New Financial Software Package. ^ Dramatic Changes to Transaction Processing and Reporting Capability. ^ Successful Software Implementation on May 1, 2003 for AP, Purchasing, GL and Budget. ^ Personnel and Payroll Implementation Currently underway. ^ January 2, 2004 "Live Date" for PR1Personnel. POSITIVE AUDIT RESULTS ^ Successful audit process ^ Continued GASB 34 Requirements ^ Sound Financial policies and procedures ^ Adequate Internal Control Structure ^ "Unqualifred Opinion" (GOOD) ^ No Material Management Letter Comments 2003 FISCAL HIGHLIGHTS ^ Continued Commitment to Funding Education. ^ Implemented Phase I of Pay and Classification Study. ^ Implemented New Financial Software. ^ Began Transition of EMS Transportation ^ Successful Sale and Refunding of Bonds and Alternative financing. ^ Increase in Fund Balance Slightimprovementin overall Financial Condition. FUTURE CONSIDERATIONS ^ Updating of Debt Issuance Plans ^ Addressing "unfunded" School and County Capita) Items. ^ Alternative Financing Sources for Solid Waste. ^ Implementation of Phases 11 and !Il of Pay and Classification Study. ^ Animal Shelter Operations ^ Continue Discussions on Fiscal Impacts of School Merger and Other Equitable Funding Alternatives. In closing he thanked the staff of all the county departments. Commissioner Gordon made reference to the comment that it is goad to see the increase of the fund balance. She asked why this is good to have. Ken Chavious said that the 8% is a recommended minimum and the fund balance is more than just a savings account. The majority of the revenue comes in December and there must be money to take the County through the months where there is no money coming in. Commissioner Gordon commended Ken Chavious that there were "no findings". She appreciates his stellar record. Chair Brown asked about the current review of debt issuance plans. Ken Chavious said that on October 27th they looked at capital and they had not updated the September 2n~ debt issuance plan. Some things have changed since then and they are going to look at funding some of the unfunded needs that were discussed at this meeting. Auditor Eddie Bekaert said that the County received a clean audit opinion and it is the highest level of assurance that a CPA firm can issue on a set of financial statements. There is also an audit opinion of whether or not the County complied with the various laws and regulations. The County was found to be in compliance. Two other audit opinions are with the administration of federal grants and state grants. The County was found to administer the grant dollars in accordance with the regulations. On a special note, in the area of DSS, there are same very complicated rules. He commended the department for going through this process with no financial problems. He said that they have been working on this since July 1, 2003. From their perspective, the audit went smoothly. The management letter addresses the capital projects fund and some issues relative to the computer system, primarily with disaster recovery. He said that there are a couple of GASB statements that need to be addressed by the County. Also, there is a SAS 61 letter that communicates things that they are required to communicate to the County. He said that there was nothing in the letter that the County Commissioners really needed to pay attention to at this time. In closing, he thanked the Finance Department far the support and effort. They look forward to continuing to work with Orange County. 7. PUBLIC HEARINGS a. North Carolina Cammunity Transportation Program (CTP1 Administrative Grant Application for FY 2004/2005 The Board considered conducting a public hearing an the North Carolina Community Transportation Program {CTP} grant application by Orange Public Transportation for FY2004I2005, approving the grant application for a total amount of $196,421, and adopting a resolution authorizing the application and entering into agreement with the North Carolina Department of Transportation for all necessary assurances; and authorizing the Chair to sign the Cammunity Transportation Program Resolution and Annual Certified Statements of Participation. Department of Aging Director Jerry Passmore said that as part of their annual CTP funds application, they are required to have a public hearing. Normally the application involves the acquisition of vehicles, but this year there are no vehicles. This year there are just some administration costs. They did acquire approval for funds to rent a unit at Public Works. They are in this modular unit on a permanent basis. Commissioner Gordon asked if OPT were to try and run more bus service in Orange County if they would need more buses {improving service to hospitals, schools, more service to Chapel Hill} or if they were waiting for the consultant's reports. AI Terry said that they have asked for replacement vehicles and they do have vehicles on their lot far expansion of services, because they have retained vehicles instead of selling them at surplus. Chair Brown asked about the paint color of our buses and haw to make them more recognizable to citizens. She suggested looking into painting new buses a chosen color and then using the new color to repaint the current buses. AI Terry said that the vehicles are from the State and are limed to the State until they fulfill their criteria of mileage or years. They are all white, but they can request that they be other colors. The State will pay 90% of the color change if the County chooses to do this. A marketing firm could be brought in to suggest the mast eye-catching color for Orange County. Chair Brown asked for a report to be brought back to the Board of County Commissioners on this item on the process of picking a better color. She would also like it to be spelled out on the buses what they are so that people know it is a public bus service. AI Terry said that on the 2nd page of the grant, there are line items and they can get reimbursement back almost immediately once they submit a bill to the State (uniforms, drug and alcohol testing, etc.}. Commissioner Carey asked AI Terry to talk to UNC to see if there is any assistance available from a marketing standpoint before hiring a consultant. Also, maybe some people from the arts community could be of service. There was no public comment. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Carey to accept the Manager's recommendation to approve the Community Transportation Program Grant application for FY 2004/2005 in the total amount of $196,421 and authorize the Chair to sign the Community Transportation Program Resolution and Annual Certified Statements of Participation. VOTE: UNANIMOUS 8. ITEMS FOR DECISION--CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve those items on the consent agenda as stated below: a. Minutes The Board approved minutes for the August 19, 2003 BOCC Work Session and September 16, 2003 BOCC Regular Meeting. b. Appointments (1} Commission for the Environment The Board reappointed Mark Smith to a second term, Charles C. Daniel, III to a first full term, Julie Harllee Tucker to a second term, and Rebecca Vidra to a first full term to the Commission for the Environment. All terms will expire December 31, 2006. c. Motor Vehicle Property Tax ReleaselRefunds The Board adopted a refund resolution, which is incorporated by reference, related to 213 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. d. LeaselLicense Renewal Agreement -Alternate Daily Landfill Cover The Board approved the renewal of a licensellease agreement with Landfill Service Corporation to provide material that, in accordance with State regulations, is sprayed on the working face of the landfill after each day of operation; and authorized the Chair to sign, subject to final review by Staff and County Attorney. e. Lease Renewal: 501 W. Franklin Street, Suite #105 The Board approved a lease renewal with Terradotta.com, asoftware- consulting firm, for space at 501 W. Franklin Street commencing on December 3, 2003 through December 2, 2004 far a monthly rental fee of $675; and authorized the Chair to sign on behalf of the Board. f. Petition for Addition to the State Maintenance Program: Hamecon Place & Porteur Point The Board approved the request to add Hamecon Place and Porteur Point to the State-maintained Secondary Road System. q; Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy -Trinity School of Durham and Chapel Hill This item was removed and placed at the end of the consent agenda for separate consideration. h. Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy -Jeffrey and Angela Fisher This item was removed and placed at the end of the consent agenda for separate consideration. i. Proposed By-Laws Revision -Human Services Transportation Advisory Board The Board was to review and consider approval of proposed revisions to the by-laws of the Orange County Human Services Transportation Advisory Board. This item was delayed until December 1St VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: ~ Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy -Trinity School of Durham and Chapel Hill The Board considered authorizing acceptance of a conservation easement assignment from the Triangle Land Conservancy far land awned by Trinity School along New Hape Creek, and the subsequent assignment of the easement to the State of North Carolina; and authorize the Chair to sign. Considered with item h. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to authorize the Chair to sign the conservation easement assignment documents for Trinity 5chaol of Durham and Chapel Hill. VOTE: UNANIMOUS h. Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy -Jeffrey and Angela Fisher The Board considered authorizing acceptance of a conservation easement assignment from the Triangle Land conservancy for land awned by Jeffrey and Angela Fisher along New Hope Creek, and the subsequent assignment of the easement to the State of North Carolina; and authorizing the Chair to sign. Rich Shaw from the Environment and Resource Conservation Department said that these were being paid for with State money and no County money. In September, the Board authorized staff to pursue two conservation easements along New Hope Creek. One was to protect land owned by Trinity School and one was to protect land awned by the Brawn family, where the old Hollow Rack Store used to be. These are partnership projects with the Triangle Land Conservancy. There were a couple of changes that warranted the items being placed on the consent agenda again. One was the Brown tract changed ownership, so the actual easement will be with the Fisher family with the same terms. The other changes were some technical amendments to the documents recommended by the County Attorney. The amendments were highlighted and marked. Both of the recommendations for items g and h are the same. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to authorize the Chair to sign the conservation easement assignment documents for Jeffrey and Angela Fisher. VOTE: UNANIMOUS Chair Brown asked that this information be shared with Chapel Hill, Carrboro, and Hillsborough with a short note saying why these are so important to the New Hope Corridor Plan. Commissioner Gordon wanted to confirm the media event about the Triangle Land Conservancy and Rich Shaw said that they have a press release going out tonight and it is scheduled for Monday, December 8th at noon at the former Hollow Rack Store on Erwin Road. 9. ITEMS FOR DECISION--REGULAR AGENDA a. Proposal Award and Contract Negotiation with APS for Interim Management and Operation Services for the Orange County Animal Shelter The Board considered awarding a proposal and entering into a contract with the Animal Protection Society {APS} for interim management and operations of the Orange County Animal Shelter beginning February 1, 2004 through June 30, 2004, with a provision for possible extension, in an amount not to exceed $49,470 per month; and authorizing County staff to enter into formal contract negotiations with APS far interim services. John Link said that at the October 21st meeting the Board decided to convey to the APS Board of Directors its decision to allocate an additional $4,229 per month for shelter operations through January 31, 2004. The Board requested a formal response from APS no later than November 8tt'. The APS Board of Directors accepted the Board's decision. The Board also authorized the staff to issue a request for proposals for interim operations far the animal shelter through June 30, 2004. He said that their focus was on the concept of interim only so as to take the animal shelter through June 30, 2004. John Link said that it is also important to look at this interim operation process as a means by which the County Commissioners, staff, APS, and other stakeholders can spend time looking at implementing recommendations of the HSUS report. The Board could pursue something similar to Commissioner Corey's proposal whereby the Board and others in the community can look at the pros and cons of the alternatives for long-term operation of the shelter. John Link thanked his team members -Assistant County Manager Gwen Harvey, Assistant to the Manager Greg Wilder, Health Director Rosemary Summers, Purchasing and Central Services Director Pam Jones and those that came to interview from the APS and the Humane Society of Orange County (HSOC). John Link went through the abstract and pointed out the components of the proposal. Proposals were received by Animal Care and Equipment Services {ACES} Denver, CO; Animal Protection Society (APS}, Orange County; Humane Society of Orange County {HSOC}, Orange County. The staff recommends that the County Commissioners extend for the interim period a contract with APS. The rationale for the recommendation is that the APS is undergoing a restructuring of the management team, less total out-of-packet cost, and APS acceptance of stronger managerial oversight and contract administration by the County Manager. Susan Armstrong Cooke will serve as Interim Animal Shelter Director, Nicole A. Carper will serve as Shelter Operations Manager, and Amy Michelle Eller will serve as Customer Relations Manager. There will also be a written progress report, as requested by the County Commissioners, by the 10t" of each month, indicating what is going well and what is not going well in terms of shelter operations. Purchasing and Central Services Director Pam Jones explained page nine of the abstract entitled Animal Shelter Management/Operations Combined Proposals Cost. She said that the County requested that all casts be based on the County taking the revenue for the adoptions and related items as well as the County assuming responsibility for the expense of the veterinarian. She made reference to the APS-alternate column and said that this includes the veterinarian services, which are estimated by APS at $11,000 per month. This also includes them keeping the revenue for adoption and related items, which is estimated to be $16,000 per month. The net revenue would be $5,000 a month. This is exactly the difference between the APS base and the alternate. PUBLIC COMMENT: Linda Schmoldt shared her letter to the editor that was in the paper today. The letter is as follows: Chapel Hill Herald November 18, 2003 APS stewardship record clear Why did Orange County spend thousands on an evaluation by the Humane Society of the United States, then recommend offering the shelter contract to the same bunch who messed it up? The APS' director is gone. So what? Directors carry out the will of the board. From HSUS's evaluation of the APS: "Overall the animal flow process was disorganized and unstructured. Staff lacked proper training for many of the daily tasks...." "Many animals admitted to the APS were not vaccinated for days or even weeks after arrival." "One kitten and small dog were placed in the night surrender cages by the public on Wednesday evening ... the small dog was still in the night surrender cage on Friday night." "There were dead roaches on the floor." "Lost and found retrieval system appeared to rely mostly on the memory of the APS staff." "Controlled substances ...were stored in an unlocked wall cabinet..." More fun facts: The county spent thousands of dollars an state-af--the-art computer software and wiring for the APS. The APS never bothered to use it. The APS didn't do backups, so all data from the system they did use were last. Goad luck finding out if your dog was vaccinated. Same critiqued my group, the Humane Society of C7range County, because we worked or volunteered at the shelter years ago, and might be biased in favor of old ways. Let me tell you, we're a democratic group committed to improvement, not a monarchy. Attend a meeting and you'll find out. We offered our experience and our hearts. The AP5 offered more. They offered the Brooklyn Bridge. Dean Edwards is the current president of the HSC7C and he said that people in animal welfare are the most passionate and opinionated people. He said that at times it appears there is a fight between the APS and the HS~C. He said that he has the utmost respect for Suzy Cooke as Interim Director and he said that it is time to bury the hatchet. He said that one very positive part of the debate is that the leaders and the citizens of the County can see what it takes to run an animal shelter. He thanked the County far its support. He said that he knows the County Commissioners will do what is best for the animal shelter, the citizens, and the animals. Beverly Rackhill said that Commissioner Jacobs' comment in today's paper was that he expressed a hope for the end of the friction about the animal shelter. She also hopes this. She said that she is ending her volunteering at the APS shelter. She said that Ms. Walters and the Assistant Director have resigned but others are still here. She said that she has lost her trust in their ability to lead the organization with honesty and compassion towards the community. She said that it was difficult to recruit volunteers and to engage in direct services with the community like the volunteers do at APS. She said that by recommending APS to continue, the County Commissioners were asking the community to believe that an organization that has betrayed them in many ways has really changed. This is asking a lot. Elliot Cramer read his statement as follows: Statement to the Orange County BOCC November 18, 2003 Elliot M. Cramer Interim Operation of the County Shelter I was surprised when I learned that the County Staff had recommended the awarding of a contract to APS but I was astonished when I read the justification. Not long ago Suzy Cooke gave you her "top ten" reasons for choosing APS. I find her justification far more compelling. It is goad news that Laura and her associate director are out; this saves APS $100,000 per year, all charged last year to the County Contract. I have heard nothing but goad things about Suzy; she has unquestioned integrity and I understand that she wowed the staff with her PowerPoint presentation. It is clear though that she has no shelter experience and na references were submitted for her as required by the RFP. While APS undoubtedly needs her public relations skills, should the County pay the bill? There are now only a few APS staff members with six months experience; John Link can give you the details. The only management person with animal skills in the APS proposal is Nicole Carper who, according to the APS job description, has been responsible far vaccination oversight. Her dismal record was testified to by HSUS and it continues. Here is a sample of the latest records from John Souls for animals requiring vaccination within 24 hours. Eleven animals were not vaccinated at all; 34 were vaccinated in six to 63 days; three somehow vaccinated by APS the day before they arrived. Ann Peterson told you on April 1 that there are always human errors; I would say that these are inhuman errors. Concerns have been raised about a return to the "deposed monarchy". Pat Sanford is a tough old bird and she ran a tight ship, but under her "monarchy" APS grew from nothing to the best operation in the State. Her dedication to animals cannot be questioned; to me, she is a Hero. You may have wished her back during the events of the last year but she is now only one of five strong-willed Board members. If John Link has a problem with her being on the HSOC Board, I'm sure he will have her resignation tomorrow. On the other hand, I will be happy with an immediate County takeover. It's sad that a few APS leaders have destroyed a great organization in such a short time. I'm an ACLU member and am opposed to prayer at public meetings, but if you award this interim contract to APS, say a prayer for the animals. Margie Huggins said that she is an the board of the HS~C. She said that she wanted to speak as a citizen who went before the APS Board. She made reference to the comments by Jahn Link that the APS is willing to work with the County and cooperate with the County Manager. She said that APS has not cooperated with the citizens of Orange County. She thanked the BCC for allowing her to come before them and be treated fairly. She got involved in this issue because a law professor asked her about an appeals process that was going on there and that it was outrageous. She said that the things she saw at the APS Board meetings were disgraceful. She said that she did not want to be on the APS Board but she decided to run because she was asked to. She said that she could not do it because they would not give the records to the public. She feels like the vote tonight is clear and that there is only one choice -anybody but the APS. Judith Reitman said that any management that has to be told to be accountable is not good. It has been a long time since the County has had a say in the shelter and there has been a lot of damage because of it. She said that families that have put their faith in the integrity of APS have paid a high price -monetarily and in the death of loved pets. She made reference to a comment from Chair Brown in today's Chapel Hill Herald that, "It's a matter of having very responsible, good management for the animals and good care for the animals." She supports this intent. She added that the County must also protect its animals from management that still refuses to acknowledge the damage it has done. She said that the County must protect its animals from APS. She urged the County Commissioners to choose for the welfare of the community and our animals and not for expediency. Commissioner Jacobs asked if the contract with APS for this fiscal year was $4Q0,000+ and if the contract ends at the end of January. Pam Jones said that it is $428,818 plus the $4,229 from October through the end of January. She said that the next step would be to negotiate a contract with APS in which all of the conditions that the Manager mentioned are incorporated. It would then come back to the Board of County Commissioners and the exact amount of money would be identified. Commissioner Jacobs asked about the veterinary casts and if they were extra. Jahn Link said that they structured this proposal to whether the Board wanted to have veterinary services apart from this or whether the Board wanted the applicant to provide veterinary services. This is why it was separated. The veterinary services are included in the APS-alternate costs. The $11,Q~0 is an estimate given by APS. Commissioner Jacobs asked about the County Management group and if he meant to preclude other people or if the Board of County Commissioners could add anyone that it chooses. John Link said that the Board of County Commissioners could add others and these would be welcomed. Commissioner Halkiotis said that he is dismayed and frustrated. He said that he was angry this morning after reading the paper about this issue. He said that he has never seen so many people upset with each other over an honorable cause. He said that he did not want to participate with ar listen to people that continually tear each other down. He sees na hope in this. He said that the Board has lost an opportunity to make same decisions. He does not see any long-range option to salve this and he thinks the only long-range option is far the County government to run the shelter. He said that there is a time to stop and make a decision. He thinks the best thing to do is for the County to step in and take over the operation. If he were to support the proposal for APS tonight, it is for one good reason -because they have an experienced base. He is for the County stepping in and taking aver the operation and putting together a group of citizens that can decide they all want to work in a cooperative manner for the benefit of animals. He would like to know if there are other counties in North Carolina similar to composition and size to Orange County that are running their shelters. He is willing to go and visit these shelters. John Link said that Cumberland, Iredell, and Johnston Counties all have shelters that are run by the county managers. Commissioner Carey asked about the $16,000 figure, and if it is revenue and where it comes from. Pam Jones said that it is $16,000 worth of revenue and $11,000 for veterinary services. This is a net revenue of $5,000. Commissioner Carey thanked all of the staff for all three proposals and he commended everyone that prepared proposals in such a short period of time. He would like to move ahead. He views this as an interim step that buys some time to get a more reasoned group of citizens and others to work together and develop a series of long-term recommendations far management of the shelter and the facility itself. Commissioner Jacobs said that he would like to echo Commissioner Halkiatis' concerns. He said that we talk a lot about collaboration and cooperation and we are always looking to promote cooperative efforts. He tries to remain optimistic that we can work with others and that we can get others to work with each other. He agrees with Commissioner Halkiatis and that the County does need to operate the shelter but he does not want to hire another 19 employees and create another extension of our bureaucracy. He would like to know what the experience has been with the rescue squad and what affect it has had on volunteerism. This is an opportunity to maintain volunteer participation. He thinks that the County needs to hire a management team and to create some criteria for any board of directors of any private entity that we would work with. He thinks that whatever is decided in the interim that they need to look at new alternatives about haw to run the animal shelter. He would want to hire a shelter director, an operations manager, and a veterinarian. He would like to get the task force moving before the winter break. He would be comfortable with having the County operate the animal shelter. He trusts the Manager and that we can do this in a way that will not be antagonistic to anybody. He would like to ask the Manager to come back and give examples of possibilities. Durham County has a partnership and he would like to look into this. He looks at the decision tonight as a bridge to get where the County needs to go as soon as possible. Commissioner Gordon made reference to the proposal by the Manager where it talks about some structural differences regarding a position of shelter director that is not the same as an executive director. She asked to what extent we could ga further with accountability and oversight for the APS Board of Directors. The County has a substantial investment in this animal shelter, and yet the County has no say in the Board of Directors. She thinks the County should have representation on the Board of Directors in some way. She said in order to address structure, you have to address oversight. She said that any group that the County gives money to should have accountability and oversight. She also thinks that whatever decision is made tonight is an interim step. Chair Brown said that the County should take over the shelter as a County department and that all employees should become County employees. She hopes that it can be done much quicker than June or July 2004. She said that the majority of counties run their own shelters. She would like the County to take this over and to have their own process on how they want this organization to run and start this process now. She does not see the County going into another relationship with anon-profit organization. She said that she is not going to accept the Manager's proposal. Chair Brawn said that she does not see developing a plan with another non-profit. She said that we need to take this on and make sure it happens right. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to accept the Manager's recommendation to award the proposal and authorize County staff to enter into formal contract negotiations with the Animal Protection Society for Interim Management and Gperation Services for the Grange County Animal Shelter, for the period of February 1, 2004 -June 30, 2004, in an amount not to exceed $49,470 per month. Cammissianer Halkiotis asked Commissioner Carey if he would move the Manager's recommendation with the proviso that as of July 1, 2004, the full operation of the shelter will be assumed by Grange County. Commissioner Carey said that if we make that decision now, then a task farce would not have to be appointed. Cammissianer Jacobs asked Commissioner Halkiotis to amplify what he just said, assuming that the County would like to take over as of July 1St. He asked how Commissioner Halkiotis would define "taking control." Commissioner Halkiotis said to take over the entire organization. He said that this is going to keep rolling aver and being extended if something is not decided. Commissioner Gordon made reference to page 17 and said that she would like to dune some parameters of the County taking over. She said that it appears that it is a lot more expensive for the County to take over. She would like to see a better plan for what the County is going to do. She said that the Manager also said that he could not do this by July 1St Commissioner Carey said that he is not saying that we cannot decide to take over as of July 1St. He would like to know what he is paying for, and what the costs are going to be directly related to the policies, and this is unclear to him right now. Chair Brown said that we are still putting off a decision and we are just furthering this a ut. Chair Brown verified that Commissioner Carey wants to pass this but without instructions to the Manager and to postpone the decision until there is more information. She thought this time was to allow the Manager to come up with his organization recommendations far a new County department. If the Board does not give him that instruction tonight, then he will not pursue it. Commissioner Jacobs suggested adding to the motion a stipulation as follows: "with the intention that the County will take primary responsibility for operation of the animal shelter by July 1, 2004." He is willing to use these words, but not to commit to an extra $1.2 million and a new department and staff without studying it. He is willing to make a commitment to take the primary responsibility. Commissioner Halkiotis said that he would be fine with that. He said that the Board was not privy to haw this additional cast would be played out. He said that the County has nothing to lose at this paint. Commissioner Jacobs wants alternative scenarios where the County takes primary responsibility and by July 1, 2004 they will have all of the information and the Manager will be ready to implement it. Chair Brawn asked what would be implemented. Commissioner Carey said that it is on the County Commissioners' back to instruct the Manager. The Board has to make the final decision. John Link said that if the Board indicates to him that they expect him and his staff to come back with methods by which the County would be carrying out the operation of the animal shelter as a public function by July 1St, this is all that needs to be said. He said that this could include any number of variations volunteers, non-profits, etc.). It can be identified as a public function to be carried out by Orange County by July 1St under the responsibility of the Manager. Commissioner Halkiotis said that the County talked about taking over solid waste for three years and there was not unanimity of the Board. The Board has gotten beyond that and it is moving along nicely. He said that it is time to decide and to take on this challenge. He suggested using Commissioner Jacobs' language in the motion. Commissioner Gordon would prefer the way John Link described it for them to direct staff to come back with alternatives for Orange County carrying out animal shelter ape rations as a public operation. She said that this is not mandated and she wants to think carefully about this. She said that this could come back at the next meeting with a mare fleshed out idea ar the motion could be passed "with the proviso that the Manager will came back with alternatives for carrying out an animal shelter as a public operation." Commissioner Jacobs asked that the date of July 1, 2004 be kept in. Commissioner Gordon agreed. Commissioner Carey said that he would accept the additional language. Commissioner Gordon restated the language: "Accept the Manager's recommendation, with instruction to the Manager and staff to came back with alternatives for carrying out the animal shelter as a public operation to take effect by July 1, 2004." Chair Brown asked John Link to clarify what this is asking him to do. John Link said that his understanding is that the County Commissioners have, with this motion, authorized the staff to negotiate an interim contract with APS through June 30, 2004. Also, based on additional language, the Board expects staff to come back sometime aver the course of the next six months (March or April) with how the County would assume the shelter as a public entity by July 1, 2004 and to include haw they will deal with volunteerism, budget, non-profits, etc. Chair Brown said that she would like to see a scenario for this to be a County department. Commissioner Gordon said that she does not mean by this motion that the shelter will definitely be a County department. John Link said that they could possibly come back by January 2004 with alternatives. Chair Brown wants to make sure that there is a scenario for a County department. John Link said that this would be one alternative that the staff comes back with. Commissioner Jacobs wants to make sure that the next agenda includes a proposed composition of the task farce and in the interim the Clerk can start advertising. Chair Brown said that she does not support this motion because she does not have any confidence in the organization. She hopes that there is a strong oversight of the APS and the cleanliness and care of these animals. She would also like to know who the veterinarian is for the spay/neutering program. VOTE: Ayes, 4; No, 1 (Chair Brown) Commissioner Jacobs said that he hopes the HSUC will stay with this process because it is not over. Commissioner Carey said that his proposal for the task force was brought forward to begin the process and he is not wedded to the process. Commissioner Jacobs said that the charge and timeline are sufficient to start advertising for people to participate. Commissioner Halkiatis asked if one Commissioner was enough for this task force. This will be discussed in the agenda item. Commissioner Gordon requested that they advertise but review the charge and the timeline and wait for approval at the next meeting. Chair Brown wants to make sure that someone on staff will take charge and work with the task force. John Link said that he and Assistant County Manager Gwen Harvey would be involved. Chair Brown said that she thought that the operations piece was goad and she asked if the task force would be deciding the policies. Commissioner Carey said that the Board of County Commissioners would be addressing these issues. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to put the composition and the details of the charge and the timeline of the task force on the agenda for December 1St and to authorize the Clerk to begin advertising for the proposed task farce to review the HSUS report and animal shelter operations in Orange County. VOTE: UNANIMOUS (adjournment below-other items deferred) b. Building Capacity for Public Health Preparedness and Response in Orange County Health Department The Board was to consider building the capacity of the Orange County Health Department to carryout its responsibilities in public health preparedness and emergency response as part of the overall Orange County emergency response through acceptance of funds available and establishing two public health preparedness positions; and accept the additional allocation of funds from the North Carolina Division of Public Health in the amount of $69,199 for public health preparedness and response; accept the $50,00 grant award from the US Department of Health and Human Services Public Health Service for development of a Medical Reserve Corps in orange County; authorize a permanent full-time public health nurse position to fulfill the duties as the Public Health Preparedness Coordinator effective December 1, 2003; and authorize a permanent full-time public health educator as the Volunteer Coordinator effective December 1, 2003 to fulfill the duties associated with creating a Medical Reserve Corps in Orange County. DEFERRED C. Appointments (1) Adult Care Home Community Advisory Committee fACHCAC) The Board was to consider an appointment to the Adult Care Home Community Advisory Committee. DEFERRED (2) Arts Commission The Board was to consider an appointment to the Arts Commission. DEFERRED (3) Orange County Board of Adjustment The Board was to consider an appointment to the Orange County Board of Adjustment. DEFERRED (4} Commission for the Environment The Board was to consider an appointment to the Commission for the Environment. DEFERRED (5) Human Relations Commission The Board was to consider an appointment to the Human Relations Commission. DEFERRED (6) Information Technology Advisory Committee The Board was to consider an appointment to the Information Technology Advisory Committee. DEFERRED (7) Recreation and Parks Advisory Council The Board was to consider appointments to the Recreation and Parks Advisory Council. DEFERRED 10. REPORTS a. Soccer Superfund -Policy and Guidelines The Board was to consider a draft policy and set of guidelines far use of the Soccer Superfund; and provide feedback and input to staff as desired. The document would be brought back far action at a subsequent meeting. DEFERRED 11. CLOSED SESSION- NONE 12. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting at 10:40 p.m. VOTE: UNANIMOUS Margaret iN. Brown Chair Donna S. Baker Clerk to the Board