HomeMy WebLinkAboutMinutes - 20041103APPROVED 12114/2004
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
NOVEMBER 3, 2004
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Wednesday, November
3, 2004 at 7:30 p.m. in the F. Gordan Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, and Commissioners
Margaret Brown, Moses Carey, Jr., and Alice M. Gordon,
COUNTY COMMISSIONERS ABSENT: Stephen Halkiotis
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 Chanaes to the Aaenda
Chair Jacobs pointed out the various information at the Commissioners' places. There
was one change to the agenda for item 5-f (rose colored}. It is a change in the County
Commissioners' meeting calendar. He summarized the additional sheets of information.
PUBLIC CHARGE
The Chair dispensed with the reading of fhe public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Mark Peters spoke about an open and respectful government. He said that the County
Commissioners have an obligation to include the public in the decision-making process. He
said that he read the agenda materials for October 25th and was surprised with the attempt to
set capital funding targets of 40% for county projects and 60% for schools. He said that
attempting to pass a resolution of this importance on the same night as it is proposed without it
being an the agenda and without disclosing the text of the resolution in advance is shady and
wrong. This resolution has serious implications on capital projects in Orange County. He
posed some questions to the Board:
With all of the Commissioner focus on collaboration, why were the two boards of
education not consulted for their input?
What is the disposition for Elementary School #10 school construction in light of this
proposal? Is it going to be taken out of the budget plan completely, ar will it be explicitly
deferred to a later date in the budget?
Is the 60°~ schools, 40% non-school capital spending figure arbitrary or calculated?
What was the basis for the calculation? When is Orange County going to create a
comprehensive long-range plan so we can see if this percentage fits in that plan?
How can the public reasonably study the staff responses, which are due on November
16~" before a vote takes place an the 16t"?
He said that during the discussion on October 25t", there was an improper remark made
by Chair Jacobs to Commissioner Gordon. He said that it is unacceptable and against the
charge stated on every BOCC agenda for a public official to berate another public official. He
believes that an apology is in order.
He left his handout, which had further questions, with the Clerk.
Nettie Lassiter said that a year ago tonight she came forward requesting assistance to
have a quieter time in her neighborhood from the chiller unit at the Whitted Center. She said
that the noise still exists and it is a torment to those that live there. It is especially a torment in
nice weather when they would like to have their doors and windows open. One of the high
frequency noises comes on at 4-5:00 a.m. She is asking for a permanent fix.
Jamey Tippens played a tape of the chiller unit that was recorded this morning at the
Whitted Center. He said that this goes on all day long - it starts about 5:00 a.m. and stops at
10:00 p.m. He was right beside the chiller when he made this tape, but it is almost as loud at
his house across the street. He said that the Public Works Director has done some work on it
and met with the neighborhood in July and said that there were plans to get things done to
make it better, but they have not heard anything since then.
Iris Muggenthaller said that she lives on the corner of West Queen Street and Hassell
Street. She made reference to the letter that she sent to the County Commissioners. She said
that the noise is constant during the day. She said that her daughter is in the acoustic business
and told her that it is a very technical job to try to reduce the sound level. In her letter, she
suggests conducting a scientific investigation of the sound level. She said that it has been
proven that sounds at various levels are damaging to the ears. She asked that the County get
trained acoustic testers to review the results before going further to create a sound baffle. She
asked that citizens be involved.
Chair Jacobs said that the County would have a public hearing on the noise ordinance
on November 22~a
Chair Jacobs said that Mr. Archibald called the Clerk's office and asked that his
concerns be recorded in this matter of the chiller.
b. Matters an the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Board Comments
Commissioner Gordon said that the November 2 election had an extraordinary turnout
and she would like a report from the Board of Elections. Chair Jacobs said that there would be
a brief report tonight.
Commissioner Gordan said that TTA awarded a contract for 32-rail vehicles, which will
cost $90 million dollars. The award went to United Transit Systems. The Sumitomo
Corporation also bid on this and was not very happy and came to the meeting to protest. She
said that the TTA also passed a resolution for financing contracts.
Commissioner Gordon said that the Triangle J Council of Governments (COG} is
preparing for the regional legislative agenda and is soliciting comments. She passed around a
copy of the COG agenda document.
Commissioner Carey thanked the voters who turned out in Orange County to vote. He
expressed his sincere appreciation to voters for re-electing him to another four-year term.
Commissioner Brown said that the OPC steering committee chair has asked the boards
of Orange, Person, and Chatham Counties to appoint representatives to the steering committee.
Commissioner Brown made reference to the letter on their desks about selective service
from Colonel Frederick Aikens. She read from the letter, "We are attempting to insure that all of
our local boards are filled and want to be ready should the need present itself." She then read,
"Because you work closely with the Board of Commissioners, you and the Board are acquainted
with patriotic, civic-minded citizens in the communities located within Orange County." She said
that she did not make a distinction.
Chair Jacobs congratulated Cammissioner Carey and Valerie Foushee on winning the
elections as well as Senator Ellie Kinnaird.
Chair Jacobs said that he attended meetings where he represented the Board. One
meeting was with the chairs of all of the advisory boards and commissions. They spoke about
the relationship between the Board of County Commissioners and the boards and commissions
and same of the issues regarding nominations and participation. He said that it was an upbeat
meeting. Everyone was interested in having another meeting with a social hour beforehand.
Chair Jacobs said that he also attended a joint meeting with Hillsborough (Orange
County/Hillsborough Urban Transition Task Farce). They continued to talk about the area
around the edge of Hillsborough's jurisdiction. They talked about the possibility of jointly
planning the perimeter of Hillsborough's jurisdiction. Hillsborough has talked about doing a
community-visioning plan. He suggested that the Board might be interested in helping to plan
this. They meet again later this month.
Chair Jacobs said that there was another school collaboration meeting this past week.
None of the representatives from CHCCS could be there. There was a good discussion about
capital spending. This is on the agenda for the 16t" and can be discussed further.
Chair Jacobs also attended the Educational Excellence Work Group meeting. There
were seven representatives of UNC's School of Education, the two superintendents, and the
Manager and Assistant Manager. One of the most interesting facts was how similarly students
performed at the elementary level across both school systems. There is a drop in performance
at the middle school level. The School of Education is going to look at the factors involved in
this. They are waiting for some data that will be available later this month, so he asked that they
aim far December 10t" to get this information to the Board.
Chair Jacobs reminded the Board that they received a request for a Commissioners'
representative on the Public Arts Selection Committee for the Southern Human Services
Center. He asked for anyone that was interested to contact the Clerk.
4. County Manager's Report
John Link made reference to the noise of the Whitted Center chiller and said that no one
is satisfied yet with the progress that has been made. He is anxious to move an in pursuing the
sound blanket. He is not sure about a vegetative screen, because he does not think it will
reduce the noise. He urged the citizens to give the County their ideas about which option they
think will work best.
Jahn Link asked Rod Visser to give an update on the outcome of the elections. He
thanked the staff that helped with the Board of Elections.
Rod Visser said that he is proud of the effort of Orange County's Elections' staff and
volunteers. The process went well. He gave some statistics. Orange County has 95,000+
registered voters as of this election. Of that number, about 87,000 are active registered voters.
A total of about 67.2% of the total registered voters participated in this election. This is a
significant turnout. He said that a tremendous number of people participated in the early
balloting processes -over 30,000. He said that every vote was handled with extreme care.
Cammissioner Brown asked for an update on the motor vehicle process of registering to
vote.
Commissioner Gordan said that on the website the summary does not show the number
of absentee ballots cast in each precinct nor does it show the results for the absentee ballots by
precinct. She asked why this was happening. She also asked about the rules far counting the
absentee ballots and how this process went.
Chair Jacobs said that he had similar questions. He said that there was a point last
night where the totals were not allocated to precincts and he is curious as to what this process
is. Rod Visser said that all votes are listed by the precincts now. Chair Jacobs asked for a
post-event analysis from the Board of Elections.
5. Items for Decision--Consent Agenda
A motion was made by Commissioner Carey, seconded by Commissioner Brown to
approve those items on the Consent Agenda as stated below:
a. Minutes
The Board approved the minutes from September 29, and October 7 of 2004 as
submitted by the Clerk to the Board.
b. Appointments -None
c. Establishment of Public Hearings for EMS & Rescue Franchise Agreements
The Board scheduled the public hearing for both ambulance franchise agreements for
the regular BOCC meeting on November 16, 2004 at the Southern Human Services Center.
d. Contract Approval: Engineering Services to Design Emeraency Management
Building HVAC Replacement
The Board exempted this project from the qualification-based selection process far
engineering services as allowed by NCGS 143-64.32; awarded a contract to Reece Noland &
McElrath, in an amount not to exceed $26,000 for the assessment and design services
associated with the HVAC system replacement at the Emergency Management Building; and
authorized the Purchasing Director to execute paperwork as may be necessary to effect the
agreement.
e. Funding Support for Homelessness Roundtable
The Board approved financial support for the Roundtable Discussion an Homelessness
in Orange County.
f. Change in BOCC Regular Meeting Schedule
The Board amended its regular meeting calendar by adding a Closed Session on
Tuesday, November 16, 2004 at 5:30 p.m. at the Southern Human Services Center in Chapel
Hill for the purposes of:
- Pursuant to G.S. 143-318.11 {a)(3} "to consult with an attorney retained by the
Board in order to preserve the attorney-client privilege between the attorney
and the Board," and
- To discuss the County's position and to instruct the County Manager and
County Attorney on the negotiating position regarding the terms of a contract to
purchase real property," NCGS 143-318.11 {a}(5).
VOTE ON CONSENT AGENDA: UNANIMOUS
6. Resolutions or Proclamations
NOTE: Item b was addressed first.
a. Hospice and Home Care Month
The Board considered a proclamation designating November 2004 as "Hospice and
Home Care Month" in Orange County and authorizing the Chair to sign.
Helen Poole, Director of Major Gifts, Marketing, and Development for Duke Health
Community Care, thanked the County Commissioners. She said that Duke Community Hospice
Services founded Triangle Hospice in 1979. They are celebrating 25 years. She said that she
was before the Board last year about the facility at the Meadowlands and the need for a
generator. She reported that the County Commissioners did help and the generator has been
installed.
A motion was made by Commissioner Carey, seconded by Commissioner Brawn to
approve the proclamation as stated below, designating November 2004 as "Hospice and Home
Care Month" in Orange County and authorize the Chair to sign.
PROCLAMATION
HOSPICE AND HOME CARE MONTH
NOVEMBER 2004
WHEREAS, in-home health, hospice and community based services provide far an
individual's health and social needs across the continuum of life -compassionate care which
serves expectant mothers, infants, children, adults, the disabled and elderly, and also provides
love, comfort and support at the end of life; and
WHEREAS, in-home health, hospice and community based services enable Orange
County residents to access a wide variety of quality health and social services, including
preventive care, acute care, sustainable long-term care and palliative care; and
WHEREAS, these services include care provided by home health agencies, licensed
home care agencies, hospice agencies, adult day care and adult day health care facilities, and
home medical equipment companies; and
WHEREAS, in-home health, hospice and community based services build upon a strong
tradition of care and compassion, striving to keep families intact and responsible while
preserving an individual's independence and dignity in the setting of their choice; and
WHEREAS, Duke Community Hospice, which has a facility at the Meadowlands in
Hillsborough, services is celebrating 25 years of providing hospice care in the Triangle;
NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby
proclaim November 2004 as "HOSPICE AND HOME CARE MONTH" in Orange County, and
urge all Orange County residents to celebrate all in-home and community based services.
This the 3rd day of November 2004.
VOTE: UNANIMOUS
b. Grief Awareness Week
The Board considered a proclamation designating November 1-7, 2004 as "Grief
Awareness Week" in Orange County and authorizing the Chair to sign.
Assistant County Manager Gwen Harvey introduced Helen Poole. Helen Poole thanked
the County Commissioners and introduced the proclamation.
Commissioner Gordon read the proclamation.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
approve the proclamation as stated below, designating November 1-7, 2004 as "Grief
Awareness Week" in Orange County and authorize the Chair to sign.
PROCLAMATION
GRIEF AWARENESS WEEK
November 1-7, 2004
WHEREAS, there are approximately 2 million human deaths in the United States each year that
directly affect 10-12 family members (excluding goad friends and close colleagues), thus having
an impact an approximately 20 million people; and
WHEREAS, in North Carolina, there are approximately 72,000 human deaths each year; and
WHEREAS, natural disasters like Hurricane Ivan, tragic deaths like 9/11, suicides and other
deaths touch countless lives and continue to have an impact long after the initial event; and
WHEREAS, grieving is a natural and normal response to death and other losses and is a
healthy way for people to take care of themselves; and
WHEREAS, cultural traditions and religious institutions have historically recognized the need for
community mourning rituals and individual grief expressions; and
WHEREAS, all Orange County citizens are urged to be sensitive and supportive of their
families, neighbors, friends, and colleagues who are adjusting to a significant loss in their lives;
and
WHEREAS, a week set aside for grief awareness will enhance solidarity with our mortality and
our common need far mourning and healing and will promote spiritual, mental, physical, and
emotional health; and
WHEREAS, we urge all Orange County citizens during this week to remember and support
those who have experienced a significant loss in their lives; and
WHEREAS, we urge all Orange County citizens during this week to participate in community
activities and educational events to increase their own knowledge of the grief process so that
neighborhoods, faith communities, and workplaces can create a more healing environment for
those in grief;
NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby proclaim
November 1 through 7, 2004 as GRIEF AWARENESS WEEK in Orange County, in recognition
of every person's need to grieve in the face of death and loss.
VOTE: UNANIMOUS
c. Certificate of Achievement far Excellence in Financial Repartinq
The Board recognized the staff of the Orange County Finance Department for earning
the Government Finance Officers' Association {GFOA) Certificate of Achievement for
Excellence in Financial Reporting and presented the plaque provided by GFOA.
John Link asked Finance Director Ken Chavious and staff to come forward. This
department has been recognized for 22 straight years for excellence in financial reporting.
Ken Chavious recognized the staff in attendance: Debbie Smith and Howard Fitz.
7. Special Presentations
a. Central Recreation Center Playground Apparatus
The Board heard information for consideration of the development of a children's play
area at the Central Recreation Center.
Recreation and Parks Director Lori Taft said that this play area has been planned for
some time now. She said that there are a number of children who attend programs both after
school and in the summer and there is a desperate need to be able to take the children outside.
The playground would be in the back of the gym area. The area is undesignated far anything
else and it is a grassy area. The Historic Commission and the Recreation and Parks Advisory
Council have approved this project for the Board's consideration. Financially, there are some
capital funds set aside for existing park facilities. She asked the Board to consider allowing her
to proceed with this project by going out to receive community input.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
direct the Recreation and Parks Director to move forward with a community meeting.
VOTE: UNANIMOUS
$. Public Hearings -NONE
9. Items for Decision--Regular Agenda
a. Approval of Contract to Purchase Real Property -Julia Blackwood
The Board considered approving a contract to purchase approximately 67 acres of land
from Julia Blackwood for a future county park site, expecting to complete closing on or before
December 31, 2004, and authorizing the Chair to sign, subject to final review by staff and
County Attorney.
Environment and Resource Conservation Director Dave Stencil said they are pleased to
bring forth the culmination of a year's worth of work. The property owned by Julia Blackwood is
located on Millhouse Road, just north of Chapel Hill. He showed the property on a map. The
property abuts several public orquasi-public lands. Directly to the west is Duke Forest.
Adjacent to the south is the closed portion of the Orange County landfill and this property
connects with the Greene Tract. Ta the south is some open space owned by the Town of
Chapel Hill. Finally, to the east and northeast is the land awned by the Town of Chapel Hill for
future Town operations -public works and public transit facility and there will be a transit hub
sometime in the future. There is a natural area to the rear of the property, which allows an
opportunity for playing fields. There is also potential for a public park in this area. The
proposed purchase price of the property is $1,260,500 which is consistent with the appraisal.
The funding would come from available funds of 2001 Parks and Open Space bonds, the Land
Legacy portion. Regarding the contract, one method of providing a presence on site is the
provision that would allow Ms. Blackwood to remain on the property for 12 months. Until such
time as the funds exist to build a park, this site will be land-banked and will be monitored and
maintained by ERCD staff.
Commissioner Gordon asked about the two-acre easement. Dave Stancil said that one
of the last issues to resolve was an easement that runs along the northern boundary of the
property. It has been determined that either this property will be excluded from the purchase, or
it will be included at no cost. It appears that it will be included and it will be a 69-acre purchase.
A motion was made by Commissioner Gordan, seconded by Commissioner Carey to
approve the purchase of approximately 67 acres of land located on Millhouse Road from Julia
Blackwood; authorize the Chair to sign the contract on behalf of the County, subject to final
review by staff and County Attorney; and instruct the County Attorney and staff from ERCD and
Finance to schedule and complete closing on the property, which is expected to occur on or
before December 31, 2004.
Commissioner Brown asked about a map for the continuation of the natural trail
systems. Dave Stancil said that one of the components of this property was to tie together the
town's and the county's open spaces.
Commissioner Brown said that years ago, Mr. and Mrs. Blackwood made sure that this
land was not made a part of the landfill. She thanked Mr. Tom Hefner for bringing this property
to the County's attention last year.
VOTE: UNANIMOUS
b. Actions Steps in the Creation of an Animal Services Department
The Board considered authorizing action steps to create the proposed Animal Services
Department by early 2005.
Jahn Link said that at a meeting on October 5`" the Board considered the staff report and
recommendations about the creation of the proposed Animal Services Department ar Bureau.
At that meeting, there were comments made as to revisions to the rules of procedure of
governing the advisory board as part of the creation of this new department. He said that
Attachment 3 (of the abstract) is in response to these comments. Also, attachment 5 provides
an updated transition timeline to have the department operating by the end of March or first of
April.
Gwen Harvey said that any amendments necessary to animal related ordinances would
be under review by the County Attorney and would return to the Board in February. Regarding
the advisory board, she received comments from Commissioners Brawn and Gordon. These
are summarized in attachment 3, which represents the second draft of the organization and
operation of the advisory board. The organization chart is attachment 4. Another matter for
discussion is the future of the Animal Shelters Operations Task Force. The understanding from
the discussion last month is that there would be mare meetings of the task force to look mare in
depth at the transitional operations procedure manual for the Orange County Animal Shelter.
Commissioner Carey can continue to lead the meetings of the task farce. She said that the
Board might also want to discuss any other considerations or concerns about the continuing
role of the task force.
Commissioner Carey commended the staff for the transition plan and said that the
revised documents reflect what he heard. He said that this is a new venture for Orange County
and will continue to undergo revisions. He said that they might have to give the veterinarian
representative on the Board of Health advance notice because the organization of the task force
lists this person as a member. There would be 20 meetings per year, and this has never been
an expectation of the veterinarian representative in the past. This is a new expectation.
Commissioner Brown said that she wants the task force membership increased to three
at-large appointments. She thinks it would gain a lot of credibility if these positions were added.
She made reference to page 12 at the top under Presiding Officer, and that this person would
have the power to rule motions in or out of order. She asked if this was covered under Robert's
Rules of Order. Gwen Harvey said that they would make this adjustment.
Geof Gledhill said that Robert's Rules of Orders are designed for large bodies.
Commissioner Gordon made reference to page 11 at the top under Special, emergency,
and recessed meetings; and she read, "Special and emergency meetings of the Board or its
committees may be called by the Chair or three members of the Board and following the notice
requirements of the North Carolina Open Meetings Law." She added "notice requirements."
Commissioner Gordon made reference to having more people on the board and said
that she would not suggest having more than 11 or 12. She asked if it is was really important to
have the veterinarian from the Orange County Board of Health to serve on this or if there should
just be one or two veterinarians.
Commissioner Carey said that there are two veterinarians on the advisory committee.
Jahn Link said that he thinks there should be a connection with the Board of Health.
Presently, the Board of Health veterinarian representative handles the adoption appeals. He
suggested having two veterinarians on the board so that one is not bearing the entire burden.
Commissioner Brown asked about the standard for the ward "professional". Gwen
Harvey said that it would be those that are making their principal occupation with the handling of
animals. Commissioner Brown asked if these people would be licensed. Gwen Harvey said
that she thinks so. The Health Director was not in attendance and would know more about this.
Gwen Harvey said that in the staff discussion, they were more concerned about the
conduct of the individual more so than it being their principal occupation. Commissioner Brown
said that this does not hold anyone to a standard. Gwen Harvey said that they would look at
this again.
John Link said that Commissioner Brown has a good point and that if there are
credentials ar certifications, then they need to pay attention to these.
Commissioner Brown said that it might be very tricky because she does not know what
kind of credentials a professional trainer should have. It would be good to know who certifies
dog trainers.
Commissioner Carey suggested approving this plan in principle tonight and then having
it brought back for the consent agenda, including the definition for "professional".
Chair Jacobs made reference to page 12, rule 4, where the sentence has been changed
and now it does not make sense. This should be fixed to read correctly.
Chair Jacobs made reference to the composition of the advisory board and said that he
would like to have seats on it for representatives from Piedmont Wildlife so that there can be
some coordination. For the composition of the advisory group, he suggested having at least
one at-large member be from the unincorporated areas of the County, two veterinary
representatives, and one representative from each of the animal welfare groups in the County.
This would make 12 members.
Commissioner Gordan said that it might be better to describe these animal welfare
groups generically.
Chair Jacobs listed the members of the advisory board, as follows:
3 at-large {at least one from unincorporated areas}
2 veterinarians (one who serves an the Board of Health)
3 from the Towns
3 from animal welfare organizations
1 professional animal trainer
PUBLIC COMMENT:
Elliot Cramer's statement is as follows:
"Having strongly advocated your takeover of the County shelter, I am embarrassed to be
appearing before you today to tell you that you have a disaster in process. I have publicly
supported the management there as long as I felt there was hope that the serious problems
many of us have observed might be remedied. I have spent many hours myself with the
FOCAS sponsored cat adoption center, even washing cat cages. I can no longer support the
shelter management. All knowledgeable people who have had contact with operations at the
shelter are aware of many of these problems. I have given you a bare outline of some problems
addressed in a 9Q-minute meeting with Jae by the temperament testers who have put in many
hours supporting the shelter, but there are many more serious problems.
The Task Force has not been given an opportunity to address any issues other than the
removal of APS. It has not considered the HSUS report. I have sent you a list of HSUS
recommendations that have never been addressed. If you decide to make a decision tonight, I
hope that it will be for a Bureau, rather than a Department. Since your primary concerns have
been shelter operation, it should have a separate Board for the shelter with members
knowledgeable about shelter management. A bureau would have the perception of public
involvement and, as Steve Halkiotis has said: "perception is everything." I strongly believe that
a decision should be deferred until you have a thorough evaluation of current operations.
The number of adoptions for July, August, and September is the lowest in at least eight
years while Durham APS had its highest ever in August. The July monthly report claims that
this was due to people being on vacation. It is more likely due to ongoing disease problems and
the report of Jane Marshall that "numerous members of the general public say they visited the
Orange County Animal Shelter and left because it was `filthy and chaotic."'
A website is crucial to the operation of a shelter and a temporary rudimentary one was
installed (too late} in mid-July at John Link's insistence. It has not been modified since. When I
included a reference to the Animal Control website for rabies clinics on the FOCAS website, I
found that the schedule was a year old.
I want you to succeed but you cannot do it without a change in management. I have
great confidence in John Link but because of a lack of knowledge of animal welfare issues,
there has been inadequate oversight despite serious ongoing complaints from the public.
I have been hindered in my attempt to document problems by the refusal to provide
access to public records. I am told that a commercial computer manual is "A critical component
of data security."
As you know there is a six-month probationary period before virtual lifetime tenure for
your shelter managers. I hope this serves as a wake-up call.
Your current shelter manager was chosen by APS and, given the situation at the shelter,
they were lucky to get a warm body. He needed a job; APS needed a manager. Because of a
non-disclosure agreement, APS was unable to get an evaluation from his previous employer but
the County should have insisted on one. His philosophy is diametrically opposed to that
expressed by HSUS in their evaluation. John Link has said, "My impression was that the issues
were in areas of philosophy or management in terms of operations." Joe has said, "We had
some basic disagreements -they were unhappy, and I was unhappy. It got to the paint where
we saw this was not working." After six months, it is clear that it's not working here either.
Releasing animals into the community without their being vaccinated far rabies.
Illegally medically treating adopted animals at the shelter.
Failure to perform timely vaccinations.
Warehousing -keeping animals in small cages for months in violation of State
standards. HSUS has said that it "does not believe it is a kindness to animals to keep them in a
shelter environment indefinitely where they may be stressed and possibly exposed to disease
with little hope far adoption."
Continuing an environment that encourages illness and attempting to treat sick animals
for weeks when HSUS says that, "in this facility, the infrastructure cannot support the treatment
of animals for illnesses such as URI, kennel cough, etc...the agency doesn't have the luxury of
treating animals beyond their stray period." Other experts agree.
Failure to have written procedures for shelter management after six months.
Paying APS $30 per animal for trivial microchip insertion that could be done by staff.
This is in addition to the $60 per animal spay/neuter fee contracted for. This and the
veterinarian performed rabies vaccinations cost the County over $6,000 in three months.
Failure to obtain documentation of physical exams required by contract at the Nicks
Road Clinic. For example, one cat was spayed and adopted out with a heart murmur. The
owner has been referred to NC State for treatment at a cost of hundreds of dollars.
Keeping too many cats in the cat room. There are 38 cages, twice as many as under
Pat Sanford. HSUS says that there should be "no more than fifteen adult cats or twenty kittens
in a 10-by-15-foot room." There were 37 cats in the adoption wing on October 30t" and 137
listed in the October 1St shelter report. This misguided warehousing approach is undoubtedly
responsible far the shelter's failure to control disease, given the lack of air exchange in the cat
roam. Where are these 137 cats?
Failure to have foster procedures or adequate faster documentation in place after six
months.
Failure to have procedures or records for transfer of animals to APS or rescue groups.
One such rescue group proudly says that, "We are no-kill, and adoptable animals may stay with
us weeks, months, even years before they find their forever home."
Whelping puppies in the shelter and contributing to the overpopulation problem; for
example, spending $400 of County funds to treat the pregnant mother for heartworm when
many others are euthanized."
End of Mr. Gramer's comments.
Judith Reitman said that she supported the County takeover and she respects John
Link, but things are not good at the shelter. She said that the whole purpose of losing APS was
to become transparent. She would like to know the background of the current shelter manager.
Commissioner Brown said that she remembers going in a couple of years ago and
looking at the shelter and talking to Laura Walters. One of her first questions was if there was a
procedures manual, and there was not one. This has always been her concern, that the
operation would have procedures. She asked about the procedures for addressing concerns
that come up.
John Link said that Orange County has been operating the shelter for four months and
they are operating under interim procedures based on templates given by the HSUS. He
respects everyone's opinions and concerns. He said that there are people on this task force
that have worked hard and he trusts them as the crucible to hear these complaints and any
other complaints. He said that they could spend as much time as it takes to work through the
procedures and tweak the policies. It will be an ongoing evolution. He has the utmost respect
and confidence in Joe Pulcinella. He said that in the short term the task force can address
these issues and provide insight to the management and the County Commissioners, and in the
future, the advisory board would address these issues first.
Gwen Harvey said that Chameleon software is in place and is the backbone for the data
for managing the animal population. The staff is in training with the Information Technology
Department. The intention is to have a very transparent system and it will take a lot of time and
effort. It is a work in progress.
Discussion ensued about haw long the task force would continue to meet.
Commissioner Carey said that the task force would proceed until it is sunset.
Commissioner Brown asked if she wanted to see the procedures manual if it would be
available. Gwen Harvey said yes and that it has been in practice since July 1St. She will provide
each County Commissioner with a draft copy. Chair Jacobs asked that a copy be put on the
website.
A motion was made by Chair Jacobs, seconded by Commissioner Carey to:
• Establish a new Animal Services Department effective no later than
March 1, 2005;
• Approve establishing the Animal Services Director Position effective
January 1.2005;
• Approve amending the Classification and Pay Plan to address the class
of Animal Services Director at salary grade 24;
• Approve transferring Animal Control personnel, inventory, and assets
from the Health Department to the Animal Services Department no later
than March 1.2005;
• Approve creating an Animal Services Advisory Board;
• Confirm rules of procedure for return to the Board of County
Commissioners on November 16t"; and
• Establish a "sunset" date of no later than March 1, 2005, or at the point
the new Animal Services Advisory Board is appointed.
VOTE: UNANIMOUS
c. Fairview Master Plan Memorandum of Agreement and Status Report
The Board reviewed the draft Memorandum of Agreement between the County and
Town of Hillsborough regarding the master planning and design of Fairview Park and
associated land and facilities, and received a brief status report on activities toward the park
design, and provide direction to the County Attorney and staff.
There was a revised sheet for this item (salmon-colored).
Dave Stancil pointed out the draft Memorandum of Agreement far the Fairview Master
Plan. On September 21St, the Board instructed staff to continue activities towards the design of
Fairview Park. The master plan project is tentatively scheduled to begin in the spring of 2005.
He reviewed the map. He said that they have taken the original maps and turned them into a
preliminary concept plan. Other activities include the solicitation of proposals for topographic
and cultural and archaeological surveys needed for the design. They anticipate that the cultural
and archaeological surveys should be done by the end of January. The topographic survey will
take a little longer because of the time of year. The County Engineer has prepared a
memorandum regarding the feasibility of restoring the former landfill portions of the park site.
The memorandum of agreement includes the composition of the Master Plan Committee, which
is: 2 County Commissioners, 2 Hillsborough Town Commissioners, 1 member from the
Hillsborough Parks and Recreation Commission, 1 member from the Orange County Parks and
Recreation Commission, and 6 community citizens.
Geof Gledhill made reference to the salmon sheet and said that there were several
changes. The changes are in bold on the salmon sheet. The focus of the contract is clearly on
master planning. One substantive change is one by the Town Attorney that would add
something to the term of the agreement. The view is that both parties would agree to an
aggressive time schedule.
Geof Gledhill said that the agreement would have the Master Plan Committee doing the
master planning that is described on page six of the salmon sheet.
Commissioner Brown asked about #4 on page 6 and Geof Gledhill explained that the
committee should not address the Public Works facilities beyond the site infrastructure design
and designating the areas for activities.
Chair Jacobs made reference to page 5, charge #1, and added "trails" to the list. Also,
in charge #4, he added, "The rights of neighbors shall be respected by buffering incompatible
uses."
Commissioner Gordan made reference to the charge page and said that the committee
should come up with a recommendation about facilities that can be constructed utilizing the
$850,000 in funds allocated to the project. She suggested adding language in charge #2, "The
report should include a recommendation describing which facilities are to be constructed
utilizing the $850,000 in funds allocated far the project."
Geof Gledhill said that $200,000 was designated for planning and design.
Commissioner Gordon said to use $650,000 or whatever the right number is.
Dave Stancil said that they do not think it will cost $200,000 for planning and design.
The Board agreed to put "funds remaining" in the sentence added by Commissioner
Gordon, so that it would read: The report should include recommendations describing which
facilities are to be constructed utilizing the funds remaining from the $850,000 in funds allocated
for the project after the planning and design work (estimated to cost $200,000} is completed.
Commissioner Brown asked about the report the County invested in about the Field of
Dreams and Chair Jacobs said that was part of it.
County Engineer Paul Thames said that the Field of Dreams was in place by the time
the investigation was done. There was a specific evaluation of this area.
Dave Stancil said that at this time the Town of Hillsborough would be considering the
memorandum of agreement on November Stn
Geof Gledhill recommended that the Board transmit this memorandum of agreement to
the Town of Hillsborough with the changes made tonight.
PUBLIC COMMENT:
Frances Jones asked if any members of the community had been asked to be on this
committee and Chair Jacobs answered that there would be a place for six members of the
community. This is part of the agreement. Frances Jones said that she is glad to see that this
is going forward because it has been a long time coming.
A motion was made by Commissioner Carey, seconded by Commissioner Brown to
approve changes to the Fairview Master Plan Memorandum of Agreement as recommended by
staff and the Board and to forward it to the Town of Hillsborough far consideration.
VOTE: UNANIMOUS
d. Legal Advertisement for November 22, 2004 BOCC Public Hearing
The Board considered authorization to submit Public Hearing Legal Advertisement for
publication as related to amendments to the Orange County Noise Ordinance.
Planning Director Craig Benedict summarized the information in the agenda abstract.
The topic of the public hearing is primarily the noise ordinance. The ordinance was originally
adopted in 1983. The staff will provide some options for making the ordinance more
understandable and enforceable.
Commissioner Brown said that there should be a limited amount of time to make noise,
and cited the practice of her neighbors who play loud music all day.
Chair Jacobs asked Craig Benedict to attach some good noise ordinances from other
counties that he may come across. He said that the mast simplistic ordinance would be the
most useful.
Craig Benedict answered several clarifying questions of the County Commissioners.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
approve the Public Hearing Legal Advertisement for publication as related to amendments to
the Orange County Noise Ordinance.
VOTE: UNANIMOUS
e. Approve DesigntBuild Option far the Northern Human Services Center
Wastewater Treatment System
The Board received and considered updated information on wastewater treatment
system design options and related costs to serve the Northern Human Services Center at Cedar
Grove, and authorized the Staff to move forward with the project.
County Engineer Paul Thames said that they are asking the Board to approve a process
for developing a wastewater treatment system for the Northern Human Services Center that
involves staff design, use of wastewater treatment technology that has been approved in North
Carolina, and the use of the Vincent Tract purchased far this purpose to locate the nitrification
field. He gave the history of this project. Innovate Design was originally hired as a consultant to
make some recommendations on a wastewater treatment system by involving a treatment
component called a Living Machine. Last week they learned that the representatives from
Living Machine were no longer interested in participating in the project.
The alternative to the Living Machine is a 6,000-gallon per day septic and secondary
treatment system that is of excellent quality.
Commissioner Carey commended the staff for getting to this paint. This project should
move ahead.
Commissioner Gordon asked if this system was the best solution and Paul Thames said
yes, in his professional judgment, it was the best.
Paul Thames answered several clarifying questions of the County Commissioners.
Commissioner Brown pointed out that the soccer fields could use this system. She also
said that Pam Jones has done an excellent job with the interior design of this facility.
A motion was made by Commissioner Carey, seconded by Commissioner Brown to
authorize staff to move forward with adesign/build option for the wastewater treatment system
at Northern that features a 6,000-gpd septic and secondary treatment system with subsurface
disposal on the Uincent property utilizing aState-approved secondary treatment technology
{such as Orenca AdvanTex).
UOTE: UNANIMOUS
10. Reports
a. Status Report -Jordan Lake Stakeholder Protect/Nutrient Management
Strategy
The Board received a report on the ongoing Jordan Lake Stakeholder Project, which will
yield a proposed Nutrient Management Strategy for the lake in late 2004.
Dave Stancil said that the staff wanted to make the Board aware of new rules related to
Jordan Lake Watershed. He showed a map of the 1,700 square miles of the Jordan Lake
watershed. He said that over the last year and a half, it has become apparent that the nutrient
loading is getting to the point where there has been a lot of algae growth and high levels of
chlorophyll. As a result, there are some new rules. There is now a total maximum daily load
rule that will be implemented after the first of the year by the Environmental Management
Commission. The Division of Water Quality is just now developing recommendations far haw
this might work. The proposal that is being considered is a reduction of 5% in total
phosphorous and 35°~ in total nitrogen. This is a substantial impact.
Some of the proposals by the Division of Water Quality include increased buffers along
streams in the Upper New Hope arm of Cape Fear and Jordan Lake. Agricultural operations will
be asked to adopt new plans that will meet these reductions. The plan is that committees will
be formed that will develop new best management practices for agricultural operations and that
they will be implemented through voluntary measures. If they fail to do so in five years, the
practices could be mandated. Also, phase II of the storm water program was approved by the
Environmental Management Commission a few years ago and has been tied up in legislative
discussion. Phase II storm water rules will now be applicable to Orange County. There may be
a need for Orange County to develop a storm water permit for different watersheds. There may
also need to be retrofits for existing developments to meet the new reductions.
Geof Gledhill said that this is tied up in pre-litigation and the State is trying to make
counties the owners of all private retention facilities.
Commissioner Gordon asked if these rules were a result of people downstream in the
east thinking that counties upstream are causing the pollution. Dave Stancil said yes, to some
degree.
Dave Stancil made reference to forestry and said that they are considering the possibility
of working with the Division of Forest Resources on apre-harvest notification to let property
owners and local governments know before harvesting occurs.
Commissioner Gordon said that this could have implications for certain towns and she
asked the staff to look into the big picture.
11. Closed Session-NONE
12. Adiaurnment
A motion was made by Commissioner Brown, seconded by Commissioner Carey to
adjourn the meeting at 1 Q:25 p.m.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board