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HomeMy WebLinkAboutMinutes - 20031201APPROVE 4/13/2004 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 1, 2003 The Orange County Board of Commissioners met in regular session on Monday, December 1, 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. Gordon, 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. BOARD ORGANIZATION a. Election of Chair and Vice-Chair Commissioner Barry Jacobs was elected as Chair by 4 votes -Commissioner Carey, Commissioner Margaret Brown, Commissioner Halkiotis and Commissioner Jacobs. Commissioner Gordon received one vote. Commissioner Margaret Brawn was voted in as Vice Chair by 4 votes: Chair Jacobs, Commissioner Carey, Commissioner Brown, and Commissioner Halkiotis. Commissioner Gordon received one vote. b. Designation of Voting Delegate for all NCACC and NACo meetings for Calendar Year December 1, 2003-2004 A motion was made by Commissioner Gordan, seconded by Commissioner Carey to nominate Chair Jacobs to be the Voting Delegate far all NCACC and NACo meetings far Calendar Year 2003-2004. VOTE: UNANIMOUS APPOINTMENTS a. Manager A motion by Commissioner Halkiotis, seconded by Commissioner Brown to appoint John Link as County Manager. VOTE: UNANIMOUS b. Clerk to the Board A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Donna S. Baker as Clerk to the Board. VOTE: UNANIMOUS c. County Attorney A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to appoint Geoff Gledhill as the County Attorney. VOTE: UNANIMOUS 1. ADDITIONS OR CHANGES TO THE AGENDA The Board considered changing the starting time of the Tuesday, December 9`" meeting to 5:30 (dinner) with the meeting to start at 6:00 (to 7:30) to address items such as proclamations, resolutions, special presentations, consent agenda and then going into the regular meeting at 7:30 p.m. Chair Jacobs referred to the white sheet, which is a memo from the Clerk and County manager suggesting to start the meeting early because the agenda will be heavy on December 9`". This will be a special meeting until 7:30 with adjournment at 7:30 and then reconvening at 7:30. It will be noticed as c special meeting. This will be televised and Geaf Gledhill said that the Chair has the authority to call this special meeting and the Board does not need to vote on this. The Board agreed to this change. The Board considered changing the location of the December 4`" public hearing from the F. Gordon Battle Courtroom in Hillsborough, North Carolina to the District Courtroom -due to the location of the screen for the PowerPoint presentation (more visible to audience). The District Courtroom will hold 320 versus 240 in the F. Gordon Battle Courtroom. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to move the location of the December 4`" Public hearing to the District Courtroom. VOTE: UNANIMOUS Chair Jacobs said that item 8-d has been removed to be brought back at a later time. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. PUBLIC COMMENTS a. Matters not on the Printed Agenda Doris Morris was representing North Carolinians Opposing Outlying Landing Field. The U. S. Navy wants to put this field in Washington County. On September 10, 2003, the U. S. Navy released a decision to put a touch and go landing strip in Washington County. It is not a military base, just a touch and go landing strip. This will be a practice field for the new F-18 super hornet jets. According to the Navy and Marine documents, this field is not necessary. All current fields meet all the requirements. There is already a landing field for the jets in Virginia that is only five years old. Developers have been encroaching along this field and they want to get rid of the noise for real estate purposes. She said that the tax rates would be raised from the loss of revenue from 50 square miles of farmland, mostly prime, and 74 homes that will be taken. She said that real estate deals are being terminated due to a requirement disclosure in three counties about the OLF, with the noise of the 50-100 flights a day. She said that this would impact our state forever. She said that there are other sites that would not disrupt as much as this one. She asked for the County Commissioners' support of Governor Easley, who has stepped up to support them. Chris Canfield, Executive Director of the North Carolina State Office of the National Audubon Society, said that he is here to support what Doris Morris talked about. He said that they have been working for a year and a half to defeat this plan by the Navy. It is bad for the birds and the wildlife in that a refuge is just a few miles away from this site. About 100,000 swans and geese from arctic Canada and Alaska come there every year. He said that it was bad for the community in that 74 family homes are set to be destroyed. He said that it is also bad for the Navy. He is a former Air Force officer, and said that it is not good to mix the planes with the birds. Jet fuel is also bad for North Carolina and the noise pollution will come through the state. He said that he also addresses them as a citizen of the state. He said that he believes they are being demanded to take mare of their share of vital cultural and natural resources and give them to the government. All of the counties in the state need to be wary of this trend whereby the federal government, under the guise of national security, deems to do what is not in the interest of the people and makes sure that there is no recourse. He said that at least 75 citizens from Orange County signed a petition in May to the Navy objecting to this location and asking them to look at alternatives that suit North Carolina and the Navy better. The Chapel Hill office for the Audubon Society is working with the Southern Environmental Law Center to file suit to challenge the Navy's decision and their environmental impact statement. They expect to file this suit within the month. They need the state leaders to continue to hear from people across the state. He said that wildlife resources belong to everyone in North Carolina and not just to Washington County. Commissioner Halkiotis made reference to the packet and asked if Senator Dole was in favor of this proposal by the Navy. Chris Canfield said that Senator Dole's most recent stand has been to say she does not support the landing field in its location, however, it appears the Navy decision has been made and she is not sure what she can do at this point. There have been mixed signals from Senator Dole's office. Chair Brawn asked if this was near Lake Mattamuskeet and Chris Canfield said yes - it is right on the line of Washington and Beaufort Counties. Commissioner Jacobs asked that the resolution be left with the Clerk. Commissioner Halkiotis said that he had the pleasure of watching one of the most spectacular sunsets at Lake Mattamuskeet. He said that he would support this resolution. Commissioner Jacobs asked if the Beaufort or Washington County Commissioners had taken any positions. Doris Morris said that they are meeting tonight. Commissioner Jacobs asked her to forward to the BOCC what these two counties have done. He said that Orange County was certainly sympathetic. He said that the Board of County Commissioners passed a resolution regarding the Patriot Act, which is another attempt to take away rights. He said that they would consider it shortly. Jim Warren is Executive Director of Waste Awareness and Reduction Network, better known as NC-WARN. He came to thank the County Commissioners. He said that it was five years ago that they decided to file a lawsuit about the Shearon Harris Nuclear Plant. He said that a month ago it became official that the proposal for the massive expansion of the cooling pools for nuclear waste is over. The imports of spent fuel rods will be reduced by half within a few months, and will be halted entirely by 2005. He pointed out that this will eliminate the risk associated with transportation of this deadly material, but it will also lower both the probability and the consequences of a disastrous waste pool fire. He said that five years ago the public knew almost nothing about the dangers of waste pool storage, and now largely due to the efforts of the Orange County Board of Commissioners, the cooling pools at all nuclear power plants are now recognized as the largest and most vulnerable risks at each plant. He said that the legal challenge that the County commenced in early 1999 should have led to open hearings, open scientific review, and environmental impact statements. Unfortunately, the pro-industry Nuclear Regulatory Commission did not allow this and allowed the pools to open in 2001. However, the appeals for judicial review, citizen pressure on the company, and Attorney General Roy Cooper helped persuade the company to shift their plans. He made reference to his letter, and clarified that there were no new licensing issues. This was one of the reasons stated publicly for Progress Energy's shift in plans. As a result of the change in plans, there is also a reduced risk at Shearon Harris in that CP&L will conduct additional reviews and monitor the new pools. Also, activists have been inspired to watch elected officials. He said that they have continued to work with experts and citizen groups around the country to help mandate measures at all nuclear plants. He commended each Commissioner for becoming informed about this issue. There were a number of other elected officials that helped with this project. He said that this really shows the importance of asserting public authority over private industry. Commissioner Jacobs thanked him and said that they appreciate all that NC-WARN has done and continues to do to keep issues in front of the public. He thanked Chapel Hill, Carrbora, and Durham County and others that were involved. Commissioner Halkiotis said that in the news this evening, he saw that Progress Energy is entering into apublic-private partnership with Wake County, where they are going to build a $10 million public-private library. This concerns him. Commissioner Brown said that she was at the meeting and the author of the article made a few errors. She said that she mentioned that this Board was responsible far making this possible as well as Mary McDowell, Jae Boxer from Durham, and Gary Philips from Chatham County. She said that there was a few extra people mentioned in the article that she never mentioned. Chair Jacobs said that they appreciated the work of County Engineer Paul Thames who gat involved in NRC policy and was a valuable support for the Board and the Attorney. John Kent, a member of the Conservation Committee far New Hope Audubon, said that there are approximately 1,200 members from Durham, Orange, and Chatham Counties. He is in support of the community that is fighting against the OLF. He is concerned about the affect the field would have on the adjoining wildlife refuge. b. Matters on the Printed Agenda {These matters were considered when the Board addressed that item on the agenda below.) 3. BOARD COMMENTS Commissioner Brown thanked all that she worked with as Chair last year. Commissioner Halkiotis asked the Board and the Chair to ask the DSS Director to provide information about food bank operations in all of Orange County. He said that there is a new one at Palmer's Grove Church Road. He said that there is also a food pantry operating out of the Abundant Life Church. He said that the County Commissioners do not really know what is happening in this area and it is important to find out exactly the extent of participation and how many people are involved. He was under the impression that this was only being handled by OCIM. He would like to know how many people are taking advantage of these services. Commissioner Halkiotis said that he read in Sunday's Chapel Hill Herald about the school merger issue. He said that the comparison of the number of teachers in each district was very confusing. He said that this demands having an independent audit done of each school system and focusing on personnel. The article said that Orange County Schools had 200 teachers and that Chapel Hill-Carrboro Schools had 205 teachers. Chapel Hill-Carrboro Schools have over 4,000 students more than Orange County Schools. He wants to know who is supplying this information to the press. He said that the need for an audit is obvious. Commissioner Halkiotis said that he listened to the chiller unit at the Whitted building recently and he talked with Public Works Director Wilbert McAdoo who had a noise meter. He said that, as chillers go, it is not that loud. He suggested some creative berming and adding some additional trees to create some natural buffering. There are also some blankets that can be used to block out the high-pitched sounds. He is willing to work with Wilbert McAdoo. Chair Jacobs asked John Link to share the memo about the chiller unit with neighbors and Wilbert McAdoo said that he had. Commissioner Gordon asked Ken Chavious to explain how the sales tax revenue is allocated in Orange County. Finance Director Ken Chavious said that the County has four different sales tax levies. The one-cent and three different half-cent taxes. The sales tax revenues are collected by the State and distributed back to the County. Orange County receives its allocation on a per capita basis. The municipalities also receive a portion of the sales taxes. The formula is based on population. The one-cent tax is distributed back to the County at point of sale. The article 40 and 42 half-cent sales taxes are put in a pool and these are restricted and used for school construction. These two taxes pay a lot of the pay-as- you-go and debt service in the CIP. The article 44 works like the one-cent except it is not point of sale. It is collected statewide and is designed to offset the sequestering of revenues by the State and it goes back into the pool. None of these taxes, except the one-cent, are paint of sale. Commissioner Gordon asked if any tax goes to Orange County government and Ken Chavious said that the County receives 62% of all taxes that came back in the County. The Town of Chapel Hill receives 25°~, the Town of Carrboro receives 9°I°, the Town of Hillsborough receives 3%, the City of Durham receives about 0.2%, and the City of Mebane receives 0.5°~. Commissioner Carey congratulated Commissioner Brown for her award from NC-WARN and her work as Chair last year. Chair Jacobs thanked Commissioner Brown for her work as Chair and thanked the Board for making him the ninth consecutive different person to serve as Chair. Chair Jacobs said that he saw information about the Churton Grove subdivision and if the developer was adhering to the conditions of approval and whether there were changes being made in the way in which it was developed. He asked for a report at the next meeting. Chair Jacobs made reference to the issue of the number of teachers in each school system and he encouraged the Board that on December 9th, one of the possibilities is the Educational Excellence Task Force. He encouraged the County Commissioners to think about what information they would like this group to supply. He asked the County Commissioners to come prepared to discuss this at the last meeting on December Stn Chair Jacobs said that for those interested in a boycott, he said that Time Warner is now going to provide phone service. He said that if there is ever an organization that deserves a boycott, it is Time Warner in our community, which continues to be unresponsive to the concerns of citizens, rate payers, local governments, and is putting forth another rate increase. 4. COUNTY MANAGER'S REPORT John Link said that the County receives $19 million in sales tax revenues each year, which is the second largest source of revenue next to the property tax. He said that if the money was not here then they could not spend money on education in Orange County. 5. RESOLUTIONS OR PROCLAMATIONS a. Resolution of Approval and Acceptance of Grant -Agricultural Conservation Easement with Carl and Elizabeth Walters The Board considered a resolution to approve the acceptance by Orange County of a farmland preservation conservation easement from Carl and Elizabeth Walters, and acceptance of a grant from the federal Farm and Ranchland Protection Program and authorizing the Chair and the Clerk to sign, subject to final review by staff and county attorney, with a closing and recordation of the document expected to occur by December 15, 2003; and authorizing the County to accept the $338,150 grant award for the Walters easement; and approve the attached Conservation Easements Capital Project Ordinance. Environment and Resource Conservation Director Dave Stancil said that in September 2002 they received a grant from the USDA in the amount of $784,000 for the purchase of conservation easements on three farms, totaling 424 acres in Orange County. This is the first of the three easements. He said that this is owned by Carl and Elizabeth Walters and is located in the northwestern corner of the County in a watershed area. The total acreage is 223 acres. The Walters have a beef cattle operation and it is located in the Back Creek Watershed. It is adjacent to the 70-acre easement that the County purchased in 2000-2001. The most significant aspect of this is that this adjoining acreage creates a 300-acre block of conservation easement lands in Orange County in a protected watershed area. There are provisions made far farmstead buildings and the operation of the farm to be able to continue. The cost of the easement purchase is $705,000. The Federal Farm and Ranchland Protection Program will reimburse the County for $338,000 within 30 days of the closing. The remainder of the funding would come from the alternative financing that the Board approved to match the bond funding. He recognized Carl and Elizabeth Walters. Chair Jacobs thanked the Walters and said that they were helpful in getting voluntary agricultural districts started in North Carolina. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to adopt the resolution, which is incorporated by reference, to approve the acceptance by Orange County of a farmland preservation conservation easement from Carl and Elizabeth Walters, accept a grant from the federal Farm and Ranchland Protection Program, and authorize the Chair and the Clerk to sign, subject to final review by staff and county attorney, with a closing and recordation of the document expected to occur by December 15, 2003; and authorize the County to accept the $338,150 grant award for the Walters easement; and approve the attached Conservation Easements Capital Project Ordinance. VOTE: UNANIMOUS Dave Stancil said that this puts the Lands Legacy program aver the 1000-acre mark. b. Resolution for Purchase of Conservation Easement- Mark and Lori Volpe The Board considered a resolution approving the purchase of a conservation easement in land owned by Mark and Lori Volpe (Cheeks Township) to provide an Eno River buffer and other conservation values and authorizing the Chair and the Clerk to sign, subject to final review by staff and the county attorney; and approving the attached Conservation Easements Capital Project Ordinance. Land Conservation Manager Rich Shaw said that this project is also being carried out through the Lands Legacy Program. This project is 66 acres, north of Halls Mill Road in northern Cheeks Township. This property is located at the confluence of the east and west forks of the Eno River. This is within a protected watershed critical area. This land has a direct affect on the quality and quantity of the local water supply. The Volpes have kept the land intact and have a few nature trails along the river. They are interested in keeping a trail along the river, allowing the natural vegetation to grow back and be in a natural state. The Volpes have agreed to sell the conservation easement at the appraised value of $70,600, or about $3,200 an acre for the 23.5 acres of this property. They will continue to own the land, but they will relinquish most of the development rights within the property, except for the maintenance of some trails and a few small amenities. Mark Volpe said that it was a pleasure to work with the ERCD and Rich Shaw and to be able to protect the feeds of water and that hopefully other properties will follow suit. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adopt this resolution, which is incorporated by reference, approving the purchase of a conservation easement in land owned by Mark and Lari Volpe (Cheeks Township) to provide an Eno River buffer and other conservation values and authorize the Chair and the Clerk to sign, subject to final review by staff and the county attorney; and approve the attached Conservation Easements Capital Project Ordinance. VOTE: UNANIMOUS c. Acknowledaement of Completion of Clock Restoration and Approval of Commemorative Plaque to be Placed in the Historic Courthouse The Board considered a resolution commending the efforts of the Hillsborough Town Clock Restoration Committee and others; and authorizing a plaque to be located in a location mutually acceptable to the County and Court officials and the Clock Committee. Purchasing and Central Services Director Pam Jones said that they would like to present an acknowledgement of the clock restoration in the old courthouse. Crauford Goodwin was in attendance and was very involved in the process. One reason far this resolution is that the group would like to be able to put up a bronze plaque in the lobby of the old courthouse. Crauford Goodwin said that this project has been going on for two years and the Town made a commitment of $30,000 and Orange County agreed to take care of the tower. He was able to find support far this from many organizations and people, and their names will be added to the plaque. The clock is now working and they are grateful for all of the help. Commissioner Gordon said that there is a history here and she asked if they could get someone to explain the history and have a display with the plaque. She was told that it was a royal gift. Crauford Goodwin said that several people had suggested this idea but much of the history is shrouded in mystery. The clock is sort of the Timex of the middle 18`" century. But it is perhaps the oldest operating tower mechanical clock in the nation. Chair Jacobs read the resolution. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adapt the resolution, which is incorporated by reference, and authorize the Chair to sign, commending the efforts of the Hillsborough Town Clock Restoration Committee and others; and authorize a plaque to be located in a location mutually acceptable to the County and Court officials and the Clock Committee. VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS- NONE 8. ITEMS FOR DECISION--CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes as submitted by the Clerk to the Board as listed. - August 28, 2003 BOCC Joint Meeting with the Board of Health and the APS Board of Directors - September 30, 2003 BOCC -Assembly of Governments (AOG) Meeting - October 15, 2003 BOCC - JPA Meeting - October 23, 2003 BOCC Public Hearing on the Potential Impact of a Possible School Merger b. Appointments -None c. Property Tax Refunds This item was removed and placed at the end of the consent agenda for separate consideration. d. Property Value Changes The Board was to consider approving value changes made in properly values after the 2003 Board of Equalization and Review has adjourned. -DEFERRED e. Applications for Property Tax Exemption The Board approved three {3) "untimely" applications for granting exempt status from ad valorem taxation for the 2003 tax year in the amount of $23,299. f. Budget Amendment #6 The Board approved budget ordinance amendments for fiscal year 2003-04 for the Department of Social Services (Emergency Assistance Services, Medicaid De-Linking, Crisis Intervention Prevention, and Energy Administration Program}, Miscellaneous, and Department on Aging. g_ Indirect Cost Allocation Plan Contract The Board approved and authorized the Chair to sign a contract with MAXIMUS, INC. for the preparation of the County's Indirect Cost Allocation Plan. h. Roof and HVAC Replacements for Fiscal Year 2003-04 This item was removed and placed at the end of the consent agenda for separate consideration. i. Orange CountylHillsborough Courtesy ReviewAgreement The Board approved the revised courtesy review agreement with the Town of Hillsborough. L Examination of Bonds The Board approved maintaining the bonds at their present levels, pursuant to G.S. 109-5. k. Proposed By-Laws Revision -Human Services Transportation Advisary Board The Board approved proposed revisions to the by-laws of Orange County Human Services Transportation Advisory Board. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA c. Property Tax Refunds The Board considered adoption of a refund resolution related to eight {8) requests far property tax refunds in accordance with N.C. General Statute 105-381. Commissioner Carey asked Tax Assessor John Smith haw the mistake occurred with CCB. He asked who awned the property. John Smith said that Orange County owns the property. He said that Orange County got a loan to purchase the property outright and CCB put it in their system as if it were a lease. CCB listed it in their listing, and Orange County taxed it. Commissioner Carey verified that this only happened one year. County Attorney Geof Gledhill said that CCB has a security interest in the property over the term of the financing. They have a standard document that is used far these purchases. This is probably what caused the confusion. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adapt the refund resolution, which is incorporated by reference, related to eight {8} requests for property tax refunds in accordance with N.C. General Statute 105-381. VOTE: UNANIMOUS h. Roof and HVAC Replacements for Fiscal Year 2003-04 The Board considered approving capital project ordinances far roof and HVAC (heating, ventilation, and air conditioning) replacements at County facilities for fiscal year 2003-04. Commissioner Gordon said that when they go out for HVAC bids to be sure to put in the bid specifications that the unit should have a quiet performance. She asked that it be specified. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the capital project ordinances for roof and HVAC {heating, ventilation, and air conditioning) replacements at County facilities for fiscal year 2003-04. VOTE: UNANIMOUS 9. ITEMS FOR DECISION--REGULAR AGENDA a. Approval of Eauipment and Vehicle Purchases for Fiscal Year 2003-04 The Board considered approving equipment and vehicle purchases for County departments, excluding Information Systems and Solid Waste, for fiscal year 2003-04 and authorizing the Finance Director to finance the purchase of four ambulances through an outstanding private placement loan proposal from CCB, previously approved by the Board for purchase of Landfill equipment and authorizing the Finance Director and County Attorney to execute the documents necessary to complete the funding. Jahn Link said that they are asking for approval of replacement for vehicles for this fiscal year. Last year they did not pursue replacement of vehicles because of the State budget. They are proposing tonight those vehicles that are important for service delivery. There are 12 replacement vehicles for the Sheriff's Department, replacement vehicles for Environment and Resource Conservation, Animal Control, Public Works, and equipment for Recreation and Parks. He said that atone of the June meetings, the amount of funding was reduced from to $723,000 to $498,000. They are proposing mare than that amount because they can finance additional equipment through a negotiated private placement with CCB. This is at a 4°~ interest rate. They are proposing to replace four ambulances, which have a lot of years and miles. The additional amount would cost the County $73,000 in both principal and interest payments for 59 months. He asked the Board to expend the additional funding for ambulances. A motion was made by Commissioner Carey to approve the Manager's recommendation to approve the equipment and vehicle purchases {outlined in Attachment 1} excluding Information Systems and Solid Waste; approve the Equipment and Vehicle Capital Project Ordinance in Attachment 2; and authorize the Finance Director and County Attorney to execute the documents necessary to complete the funding for four ambulances through CCB. Commissioner Halkiotis said that for Parks and Recreation and the ERCD, the Sheriff can secure federal surplus trucks and four wheel drive vehicles. He asked that the staff work with the Sheriff on these vehicles. Commissioner Gordon asked about the private placement loan previously approved by the Board for the purchase of landfill equipment. She asked what happens with the landfill equipment. Budget Director Donna Dean said that this would be added to the landfill equipment. They would still purchase landfill equipment. Commissioner Gordon verified that the payments would be $73,600 a year for five years. Chair Jacobs said that the Board approved $500,000 reduced from $725,000 for this fiscal year, and now it is $825,000. He asked if this would be reflected in next year's request. John Link said that this is an opportunity to address the ambulance needs. They did pare dawn other departments' needs earlier and this would make an impact on the EMS needs. Donna Dean said that each year the departments update their CIP and it is part of a replacement schedule for vehicles. It would be reflected in next year's budget. Chair Jacobs asked far more information on defibrillators and putting them in public places and training people to use them at other County buildings. Commissioner Halkiotis agreed. He said that the airlines have been putting these in airplanes. John Link said that he would be willing to be a trainee in their building. As stated earlier, a motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the equipment and vehicle purchases for County departments, excluding Information Systems and Solid Waste, for fiscal year 2003-04 and authorize the Finance Director to finance the purchase of four ambulances through an outstanding private placement loan proposal from CCB, previously approved by the Board for purchase of Landfill equipment and authorize the Finance Director and County Attorney to execute the documents necessary to complete the funding. VOTE: UNANIMOUS b. Buildina Capacity for Public Health Preparedness and Response in Oranae County Health Department The Board considered building the capacity of the Orange County Health Department to carry out 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 accepting the additional allocation of funds from the North Carolina Division of Public Health in the amount of $69,199; and accepting the $50,000 grant award from the US Department of Health and Human Services Public Health Service for development of a Medical Reserve Corps in Orange County, and authorizing a permanent full-time public health nurse position to fulfill the duties as the Public Health Preparedness Coordinator effective December 1, 2003, and authorizing 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 Carps in Orange County, subject to the continuation of grant funds. Orange County Health Director Rosie Summers asked for approval to build their capacity at the Health Department to carry out responsibilities in public health preparedness and response. This is part of the overall Orange County Emergency Response effort. She gave some background on the proposal. Since 1999, they have had at least one public health emergency need each year. They range from a Hepatitis A outbreak to the post 911 response with anthrax scares and with the creation of the Homeland Security Department. She said that their experience is that they need permanent ongoing personnel to sustain the effort in emergency planning and also to develop the emergency plans. The day-to-day effort includes six separate parts of the plan. They have received assurance that there are recurring federal funds flowing to the State and then being dispersed to the local areas. Orange County's allocation is $69,199. Attachment 2 has a full listing of the deliverables far this recurring fund. They also received notice for a medical reserve corps grant from the U. S. Department of Health and Human Services of $50,000 far three successive years to develop a medical reserve corps of volunteers. They have already mailed 2,000 postcards to registered nurses, 184 to licensed practical nurses, and 270 to pharmacists all in Orange County. From those postcards, they have received 254 expressions of interest. Of those, 98 attended an orientation session. Same of these 98 volunteered to staff shelters during Hurricane Isabel, and eight nurses were used during the recent flu campaign to provide vaccinations to the public. The plan is to keep the volunteers active by getting them involved in community events. They are asking for two positions. One is a Public Health Preparedness Coordinator, which is a full-time nurse position to be hired with the recurring federal funds to the State. This person would be responsible to develop the plans and the memorandums of agreement and training and exercise plans to test the plans. The second position is a Medical Reserve Corps Volunteer Coordinator. This is a health educator position that would be responsible for recruitment and training of volunteers under the direction of the Public Health Preparedness Coordinator. She said that they are closely coordinating this effort with EMS. There are sufficient funds in the sources to cover the salary, benefits, and other costs of the positions. She read the Manager's recommendation. Commissioner Carey said that it is about time that this money started trickling down from the federal government to counties. He said that this would be an interesting opportunity to experiment with volunteers on this scale. He asked for more information on what the volunteers could do between disasters. Rorie Summers said that the flu clinic was an example of what the volunteers could help with. Also, another free clinic in the evening could be developed. Volunteers could be used for community outreach and screening clinics, blood pressure monitoring, and diabetes monitoring. Chair Jacobs agreed with Commissioner Carey. He said that they talked two budget seasons ago about grant-funded positions. He asked why it would not be a permanent time-limited position far the Public Health Preparedness Coordinator. Rorie Summers said that with time limited positions they have a high turnover rate. The label of time-limited versus permanent makes a difference. Chair Jacobs said that they have had this discussion before. He said that the flipside of this is that the County rarely lays people off and usually makes them permanent employees if the grant funds run out. Jahn Link said that they did have a discussion about time-limited versus a permanent full-time position, with advance approval by the Board of County Commissioners, even if the grant runs out. They would make sure that the employee would understand that this position would have to prove itself. Commissioner Carey encouraged the Board to support this. Chair Jacobs asked Personnel Director Elaine Holmes for a list of grant-funded positions and the terms, and how many positions have become permanent. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to accept the Manager's recommendation to build the capacity of the Orange County Health Department to carry out 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; and accept the $50,000 grant award from the US Department of Health and Human Services Public Health Service for development of a Medical Reserve Corps in Orange County, and 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 Carps in Orange County, subject to the continuation of grant funds. VOTE: UNANIMOUS Commissioner Carey would like a periodic report on how many volunteers they actually get and use for the medical reserve corps. c. Proposed Task Farce to Review Humane Society of the United States iHSUSI Final Report and Current Status of f~range Caunty Animal Shelter operations The Board considered moving forward with a representative and timely process in the review of recommendations contained in the final report from the Humane Society of the United States (HSUS) and consider approval of Proposed Task Force to Review the HSUS Report and Current Status of Shelter Operations, with modifications as may be desired; and approval of the Central Grouping of Major Issues far Orienting the Work of the Task Force, with modifications as may be desired for the following suggested timeline: December 9, 2003 BOCC Appoints Task Force members March 16, 2004 Task Force Issues Report April 1, 2004 BOCC Work Session on Report No later than August 31, 2004 -B000 Work Session on Animal Shelter Facility John Link said that at their last meeting the staff was asked to bring back three variations of the task farce composition. The staff will leave it up to the Board of County Commissioners for the final composition of the task force and the charge. He recommends that the Board consider the functions. Most specifically, since they will be taming back to the Board of County Commissioners with alternatives far permanent governance and management of the shelter in March, that one of the first priorities of the task force would be to provide input on governance and management. The Board must make a decision on the final alternative so that there is sufficient time to carry it out before July 1St Commissioner Gordon said that there are two different types of task forces and they seem different from the one recommended by the HSUS. She asked for someone to explain the reasoning behind the different task forces. Commissioner Carey said that it felt right to have ten people. He said that the recommendation from the HSUS was just a recommendation and the Board should develop its own ideas about what the task farce should look like. He thought that the list of areas put forth by the staff was good and sound. Jahn Link said that there should be a Board of County Commissioners representative as well as representatives from the Towns. Also, there should be citizens that can represent the thoughts and expressions of the Orange County population on this subject. The most important element is to meet quickly and to come back with ideas on governance and management by mid-March. Other functions that need to be addressed include euthanasia, adoption policies, and health needs. These do not have to be addressed by mid-March. Commissioner Carey said that if the other County Commissioners want to change the numbers in his proposal then that is fine. Chair Jacobs said that Commissioner Corey's proposal was the only one with the Sheriff's office included. Commissioner Carey said that the Sheriff's office gets calls about animal issues, so he thought they were a stakeholder. Commissioner Jacobs said that they could appoint a person from each Town and then invite the Town governments to appoint an additional representative from their boards as they choose since it is almost time far the winter break. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to amend the task farce to include three at-large public representatives, three Town representatives appointed by the Baard, and to invite the Town Boards to appoint someone or send staff. Chair Jacobs asked if the charge was separate. Commissioner Carey said that his suggested charge was included in the motion. VOTE: UNANIMOUS d. Building Inspection Division -Report and Proposed Action The Board received an update on building inspection activity and considered establishing three new Code Compliance Officer {Building Inspector) positions effective January 1, 2004 with a time limited ending date of two years from the date of initial hire and one new Plans Examiner position in the Planning and I nspectians Department to address inspections and plans review workload, effective January 1, 2004; and authorizing $175,00 appropriation from the County's General Fund balance. Planning Director Craig Benedict said that there has been a steady increase of activity in building and construction in Orange County. The amounts of inspections have increased from 11 to 18 inspections per single-family home because of new building codes. The size of homes has increased also. The average size of homes is over 3,000 square feet. In addition, there has been more multi-family inspection activity. Regarding building codes, there is now an international building code with a North Carolina component that has the inspections department adhering to a better set of guidelines to ensure quality construction. Also, a bar was set with the last codes of inspection and now they are trying to educate the public and additional information is needed to do this. In the past, they have increased their department staff and all inspectors are now cross-trained in all fields. This also makes the inspections take longer to complete. There is sometimes afive -six day delay for inspections. Plan reviews have also fallen behind their time schedules. Temporary staff has been hired, but it is only a stopgap measure. The goal is to have all residential planning review done within three days, all non-residential within two weeks, and inspections within one to two days. They are asking for one new permanent, full-time Plans Examiner, one permanent, full-time Inspector, and two time-limited Code Compliance Officers or Inspectors for two years. The two permanent positions would amount to $175,000 for the rest of the fiscal year. This includes three cars that would be necessary. If the four positions were to be continued into the next budget year, it would be approximately $250,000 from the General Fund. They will also be doing an analysis of their fee schedule. Commissioner Halkiotis asked about the new Wal-Mart and the hours of inspection that were required. Craig Benedict said that it was more than was anticipated. Commissioner Halkiotis asked haw much money Wal-Mart paid the County far the inspections. Susan Mellot said $25,000, but it did not cover the County's costs. The new fee schedule would have been $54,000. Commissioner Halkiotis asked how much money was brought into the general fund last year from inspections and Susan Mellot said $650,000. Commissioner Halkiotis asked about inspections for Hillsborough and how that works. Susan Mellot said that they add an additional 10% on plan reviews only. Commissioner Halkiotis encouraged the staff to look at the fee schedule for the big commercial sites. He thinks Wal-Mart got a bargain. Commissioner Carey asked the staff to provide same information about the standards with communities around Orange County and how our actual response times compare with response times of other communities. He has asked for this before. Craig Benedict said that they have done some research. Durham has one inspector per trade and they are more focused on the city area and can do 15 inspections per day. The typical number of inspections for rural counties is 8-10 per day. Durham is very responsive. He said that they could do some more detailed research. Commissioner Brown moved the Manager's recommendation. Commissioner Gordon asked if there is any offsetting revenue and if our fees are high enough. Craig Benedict said that if we add staff it does not mean more permits, just that they will be able to handle their permits in a timely manner. He said that no matter how much activity comes through in a given year, the amount of staff does not increase or decrease the activity. John Link said that as of today, the revenue is coming in just as predicted last spring. They have not had additional revenue as of the end of October. Commissioner Gordon said she would like to ask for Craig Benedict to review the workload and make a recommendation about increases in fees or some other method to fully defray the costs. She asked for this information by February 2004. Craig Benedict said that they would work with the budget office on a fee study. Chair Jacobs said that they are doing this a little backwards. He said that the County Commissioners would prefer to have information on other communities and the fee schedule now, but since this is a crisis, it would seem that they could deal with this now. One of the factors is that the construction industry is requesting a level of service. This should be factored into the fees. Just because people want it when they want it does not mean that the government has to provide it immediately. He supports doing this for the winter, especially before anymore big-boxes or new developments come up. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to establish three new Code Compliance Officer (Building Inspector) positions effective January 1, 2004 with a time limited ending date of two years from the date of initial hire and one new Plans Examiner position in the Planning and Inspections Department to address inspections and plans review workload, effective January 1, 2004; and authorize $175,00 appropriation from the County's General Fund fund balance. VOTE: UNANIMOUS e. Homestead Road and High School Road Safety Task Force The Board considered creating an intergovernmental and community task force to address traffic, pedestrian, and bicycle safety in the area of Homestead Road and High School Road; and appoint associated members. In addition, the Board considered forwarding this item to the other local governments for their representatives. Craig Benedict said that there has been some work done over the past month and a half through the Metropolitan Planning Organization and the advisory committees. At the Assembly of Governments meeting in October, this issue was discussed with the jurisdictions. The suggested composition includes representatives from the Board of County Commissioners, the Carrboro Alderman, the Chapel Hill Town Council, the CHCCS, NCDOT, and two community representatives. If approved, the Board will appoint the members from the County Commissioners and then send it to local governments for their appointments. Commissioner Halkiotis asked why the Sheriff was not involved in the task force. Sheriff Pendergrass said that they have been working on this since October 15th. Commissioner Halkiotis recommended including the Sheriff or designee on the task force. Commissioner Gordon asked far clarification on the jurisdiction. The Sheriff is the police force, but the two Towns are responsible for transportation planning. Commissioner Gordon said her thought is that Orange County is getting this started but we need to get the Towns to buy into this -literally. The Towns have the sidewalk and transportation money and the County does not have any money to bring to this. She said that she believes that this would be a citizens committee. She said that maybe we should have a Board of County Commissioner designee and the same thing with Chapel Hill and Carrboro and the school district. Sharon Cooke said that she trusted Craig Benedict and his plan. She wants to make sure that the representatives are from both towns to make sure that all needs are met. Also, Winmore development is there and they have made same considerations with DOT and they are talking about traffic signals. The parents want to make sure that the traffic issues are resolved sooner rather than later. Chair Jacobs said that he has heard from the Baard to add one Orange County Sheriff or designee and to go from two to three community representatives {Chapel Hill, Carrboro, and Orange County planning jurisdictions}. There are two things not resolved -names of citizens to appoint and buy in from the towns. Jahn Link said that he would support Commissioner Cordon's suggestion in terms of buy in. He said that if this is started out as just a staff driven or citizen driven process, we might not get the needed results. Chair Jacobs asked if the Board wanted to approve this in principle and then advertise for community representatives. The other jurisdictions would appoint someone from their area. Chair Jacobs said that Orange County could appoint Sharon Cook as their appointee. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the task force structure as proposed by the Board above, to ask the Towns of Chapel Hill and Carrboro to approve the structure, and to appoint Sharon Cook as the Orange County designee. VOTE: UNANIMOUS f. Appointments (1) Adult Care Home Community Advisory Committee (ACHCAC) The Board considered making an appointment to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to appoint Ms. Emily Gordon to an At-Large position to a training term to expire December 31, 2004, at which time she may become eligible to be reappointed to a first full term. VOTE: UNANIMOUS (2} Arts Commission The Baard considered one appointment to the Arts Commission. A motion was made by Chair Jacobs, seconded by Commissioner Brawn to appoint Sue Pickett to the Arts Commission, where she would serve a partial three-year term to expire on March 31, 2005. VOTE: UNANIMOUS {3) grange Caunty Board of Adjustment The Board considered two appointments to the Orange County Board of Adjustment. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to appoint Mr. Ted Treibel, an Orange County Planning Board member, to serve as the Planning Board Liaison to the Board of Adjustment to a term expiring June 30, 2006. VOTE: UNANIMOUS The Board also requested that the Clerk's office continue to advertise for the At-Large-Alternate Position. (4) Commission far the Environment The Board considered making an appointment to the Commission for the Environment (CFE}. Commissioner Jacobs asked about reappointments to this group and Commissioner Gordan said that those had been completed on a previous meeting's consent agenda. A motion was made by Commissioner Gordon, seconded by Chair Jacobs to move Charles C. Daniel to the Water Resources position, freeing up the at-large position. VOTE: UNANIMOUS Commissioner Gordon would like to have more diversity on this board. She would like to bring this back on December Stn This will be brought back on December 9th. Advertising will continue for the at-large position. (5) Human Relations Commission The Board considered an appointment to the Human Relations Commission (HRC). A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Ms. Josephine Harris as the Carrboro representative to the Human Relations Commission to a partial term expiring June 30, 2004. VOTE: UNANIMOUS The Board requested that the Clerk's office continue to advertise for the other vacancies and to bring this item back at their January Meeting. (6} Information Technology Advisory Committee The Board considered an appointment to the Information Technology Advisory Committee (IT Committee} . A motion was made by Commissioner Gordon, seconded by Chair Jacobs to appoint Mr. Shang Yen. A motion was made by Commissioner Brown, seconded by Chair Jacobs to appoint Mr. James Stewart, Jr. to an at-large position. A motion was made by Commissioner Carey, seconded by Chair Jacobs to appoint Mr. Frederick Brown to an at-large position to a first term to expire December 31, 2006. VOTE: UNANIMOUS {7) Recreation and Parks Advisory Council The Board considered two appointments to the Recreation and Parks Advisory Council (RPAC}. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to appoint Ms. Lindsey B. Wichers to the Bingham Township position for a partial term to expire March 31, 2004 and Mr. Geoffrey Hathaway to the Eno Township far a full term to expire on March 31, 2006. VOTE: UNANIMOUS (8J Commission far Women The Board considered appointments to the Commission for Women (CFW). A motion was made by Commissioner Brown, seconded by Commissioner Gordon to appoint all interested applicants on the applicants list and to have the Clerk's office place them in the proper slots. VOTE: UNANIMOUS 10. REPORTS 11. CLOSED SESSION 12. ADJOURNMENT A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS BARRY JACOBS, CHAIR DONNA S. BAKER CLERK TO THE BOARD