HomeMy WebLinkAboutMinutes - 20080520 APPROVED 9/2/2008
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
May 20, 2008
7:30 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, May 20,
2008 at 7:30 p.m. in the Southern Human Services Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses
Carey, Jr., Valerie P. Foushee, Alice M. Gordon, and Mike Nelson
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: Assistant County Managers Willie Best and Gwen Harvey
COUNTY STAFF ABSENT: County Manager Laura Blackmon
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE,
1. Additions or Changes to the Agenda
There was one addition—item 3-b-2 (yellow sheet). There was also a request from the
Botanical Garden Foundation. The Board agreed to add item 3-b-2.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
Robert Campbell is from the Rogers/Eubanks Neighborhood Association and the
Coalition to End Environmental Racism. He made reference to the resolution presented a
couple of weeks back. He asked if it was in the process of being addressed by the Board. He
said that the Rogers-Eubanks Road community is ready to continue working with the BOCC,
and particularly to focus on the provision of clean public water and sewer service to the
community. He said that the community believes that the citizens of Orange County recognize
that the Rogers-Eubanks Road community has borne the burden of the entire County for 35
years. The task force stands ready to continue to work and the resolution is in favor of
providing water and sewer service to all residents of the Historic Rogers-Eubanks Community.
He read the resolution.
Recommended Resolution
(Submitted for consideration for immediate BOCC adoption by The Coalition to End
Environmental Racism)
Resolution in Favor of Providing Essential Water and Sewer Services to
ALL Residents of the Historic Rogers-Eubanks Community
Whereas, the Board of County Commissioners recognizes that the Rogers-Eubanks
Community has endured the negative impact of nearby solid waste facilities on the
Community's air, \and, and water environment for non* than 35 years; and
Whereas, the Board of County Commissioners also recognizes
that the Rogers-Eubanks
Community will continue to bear the burden of the County landfill and other solid waste facilities
on the Community's residential air, |mnd, and water environment for at least another three years
ntk�DdfU is close; and
when the present x�non .
Whereas, the Board of County Commissioners seeks to support Environmental Justice and
oppose Environmental Racism
within the County through forward-thinking and progressive
action on behalf of ALL members of our community;
Now, therefore, be it resolved that the Board of County Commissioners
unanimously agrees
to
within 30 days of this date, develop an implementation timeline with funding options for
providing safe public drinking water and sewer service to all of those residences in the Historic
Rogers-Eubanks Community presently« ithOut functioning connections.
Chair Jacobs said that the Manager and staff are working on a report back to the Board
about the water line e�o[tthat Vx@o dVOe, who h/ S hooked up, the impediments, and some
suggestions about how to improve where water lines have already been installed.
The following children were signed up to speak to item 5-b, but requested to speak early
because it was a school night.
Isabel Leslie lives in Chapel Hill. She said that the Board should think twice about what
they are putting man's best friend through. to put themselves in the dog's
Amelia Perrin lives in Hillsborough. She asked everyone � pu
shoes.
||
CeCi Neill lives in Chapel Hill. She said that it is unfair for dog
s
to be chained.
ed.
Alice Monroe lives in Hillsborough and asked how people would feel if they had
a
heavy
chain around their neCk all year. She said that they speak for dogs.
ike Day of the Botanical Ga[deO Foundation, Inc., read the letter to the County
Commissioners.
Date: May 13, 2008
To' County �oCommissioners, Orange County,ounzy.
NC
' ~Conservation Committee, Botanical Garden Foundation, Inc.
From: Con�erV .
Re: Ivey Property purchase and conservation
The Botanical Garden Foundation, Inc. (Foundation) petitioned the County ntv ofOrange on D
August 2, 2007' requesting a partnership to help with the purchase of the 5.5-acre Ivey
property. The Foundation is the non-profit membership support organization of the North
Carolina Botanical Garden (Garden), who ad i isters approximately 200 acres of nature
preserves and holds conservation easements on nearly 130 acres within Orange and Durham
\ 800 of natural area protected by the Garden.
���unti�e. which complements the nearly acres
. County on conservation efforts in the
The Foundation, through Garden, has xxorkedxx\th �� ou , "..
past and looks forward to participating in upcoming projects.
option buy the �5OO OOO Ivey
The Foundation purchased Ubr�1O OOO) an 1 -OOoDz , _ '
property in�Aoh| 2007. (And if (for 'UocesafuUyroioos $400.000. the |veyfanli|yvviU
pnope�` ' ''April, � ` Foundation~- - Tho |v�ypn]pe�v |i�� dip�ct\y �di@ceDttothe
contribute �1OO.00Dt�xVardth� purchase price.) , adjacent
Foundation-owned Stillhouse Bottom Nature Preserve— a state dedicated nature preserve—all
of which is part of the upper portion of the Jordan Lake Macrosite. The County and the NC
Natural Heritage Program recognize Stillhouse Bottom as a natural area of state significance as
noted in the Inventory of Natural Areas and Wildlife Habitats for Orange County, NC (2004), pp.
177-183.
The Foundation also holds conservation easements on 12 acres of contiguous private
land located to the north and west of the Stillhouse Bottom Nature Preserve, and we currently
have pledged approximately 25 acres toward conserving over 60 acres of Stillhouse Bottom.
But if the Ivey property is sold for development, the very heart of the natural area will be
destroyed or compromised.
A Petition for Open Space funds for Natural Area Purchase was presented to the Town
of Chapel Hill on April 23, 2007, from which we received $5,000. A second petition was
submitted on February 11, 2008, where a pledge of up to $29,000 was received (based on
anticipated end of fiscal year open space funds).
The North Carolina Botanical Garden also hosted a benefit concert on November 17,
2007, where the Stillhouse bottom Band performed. Over two hundred people attended and
contributed approximately $7,000 toward Ivey property purchase.
The Botanical Garden Foundation respectively requests that the County of Orange
contribute $100,000 toward Ivey property purchase. A contribution of this order will also serve
to leverage anticipated private monetary contributions and additional conservation easement
donations.
Chair Jacobs said that this would be referred to staff. He asked if Chapel Hill had
contributed anything and Mike Day said that it has pledged $34,000.
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Proclamations/ Resolutions/ Special Presentations,
a. EMS Week Proclamation
The Board considered proclaiming the week of May 18 through 24, 2008 as Emergency
Medical Services Week in Orange County and authorizing the Chair to sign the proclamation.
Kim Woodward from EMS read the proclamation.
EMERGENCY MEDICAL SERVICES WEEK PROCLAMATIION
MAY 18-24, 2008
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide lifesaving
care to those in need 24 hours a day, seven days a week; and
WHEREAS, the Orange County EMS System is a network of twelve fire departments, two
rescue squads, three private providers, and two hospital critical care transport agencies, and
more than one hundred County telecommunicators, emergency medical technicians, and
paramedics; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery
rate of those who experience sudden illness or injury; and
14,
WHEREAS, the emergency medical services system consists of emergency physicians,
emergency nurses, emergency medical technicians, paramedics, firefighters, educators,
administrators and others; and
WHEREAS, the members of emergency medical services teams, whether career or volunteer,
engage in thousands of hours of specialized training and continuing education to enhance their
lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency
medical services providers by designating Emergency Medical Services Week;
NOW THEREFORE, we, the Orange County Board of Commissioners, in recognition of this
event, do hereby proclaim the week of May 18-24, 2008, as
EMERGENCY MEDICAL SERVICES WEEK
with the theme, EMS: Your Life is Our Mission, and encourage the community to observe this
week with appropriate programs, ceremonies, and activities.
This the 20th day of May, 2008.
A motion was made by Commissioner Carey, seconded by Commissioner Nelson to
approve proclaiming the week of May 18 through 24, 2008 as Emergency Medical Services
Week in Orange County and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
b. Older Americans Month Proclamation
The Board considered designating the month of May as Older Americans Month to
honor older residents for their contributions to society and authorizing the Chair to sign the
proclamation.
Marian Peter from the Advisory Board on Aging read the proclamation.
PROCLAMATION
OLDER AMERICANS MONTH — MAY, 2008
WHEREAS, according to the latest population figures, there are more than 17,000 persons over
60 years of age in Orange County in 2008; and,
WHEREAS, the over 60 age group is the fastest growing population sector in Orange County,
and is,projected to grow to over 28,000 persons by 2020, which is a 72% increase compared to
only 17% growth of the total county population; and,
WHEREAS, the President of the United States and the Governor of North Carolina have
declared May as Older Americans Month; and,
WHEREAS, Orange County is proud of the older adults who live here and wishes to show
appreciation for what they contribute to their County, State and Nation; and,
WHEREAS, all Orange County residents enjoy the fruits of older persons and their labors and
are inspired to continue to make Orange County a good place in which to live; and,
WHEREAS, the theme for Older Americans Month is "Working Together For Strong, Healthy
and Supportive Community"; and,
WHEREAS, Orange County also wishes to set aside a special month for recognition of the
older segment of its residents;
NOW, THEREFORE, we, the Orange County Board of Commissioners, join the Governor of
North Carolina and the President of the United States in proclaiming May, 2008 as OLDER
AMERICANS MONTH and further encourage all residents to join us in honoring our older
Americans.
This the 20th day of May, 2008.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
approve designating the month of May as Older Americans Month to honor older residents for
their contributions to society and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
b-2. Resolution Recognizing Steve Scroggs
The Board considered a resolution recognizing Chapel Hill-Carrboro City Schools
Assistant Superintendent Steve Scroggs for his years of service and congratulating Mr. Scroggs
on his upcoming retirement.
Commissioner Foushee read the resolution.
RESOLUTION RECOGNIZING STEVE SCROGGS
WHEREAS, Steve Scroggs will be retiring from his position as Assistant Superintendent of
Support Services with the Chapel Hill-Carrboro City Schools on June 1, 2008,
after 12 years of service; and,
WHEREAS, Mr. Scroggs has had the responsibility to handle many challenging and
controversial issues during his tenure, including redistricting/student
assignment, budget, human resources, transportation, food service,
maintenance and construction; and,
WHEREAS, he and his staff have been responsible for overseeing the construction of Smith
Middle, Rashkis Elementary, Carrboro High and Morris Grove schools, and he
was principal at McDougle Elementary when it opened; and,
WHEREAS, he has been recognized by the Chapel Hill-Carrboro Association of Education
Office Professionals three times since 2000 as the "Administrator of the Year";
and,
WHEREAS, Steve Scroggs comes from a family focused on education, with his mother having
served as a school board member and is the namesake for Mary Scroggs
Elementary School; and,
WHEREAS, in addition to a commitment to local education, Steve Scroggs served as a teacher
in the Peace Corps; and,
WHEREAS, Steve Scroggs has attended many Orange County Board of Commissioners'
meetings, representing the Chapel Hill-Carrboro City Schools System, snappily
attired in his trademark bowtie;
NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby recognize
Steve Scroggs for his outstanding service to the staff, parents and especially
the students of the Chapel Hill-Carrboro City Schools System and the people
of Orange County.
This the 20th day of May 2008.
A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to
approve the resolution recognizing Steve Scroggs for his years of service and on his retirement
and authorize the Chair to sign the resolution.
VOTE: UNANIMOUS
Steve Scroggs recognized the people that made him successful Bind the show of
teamwork.
c. Workforce Development Professionals Month Proclamation
The Board considered proclaiming the month of May as Workforce Development
Professionals Month and authorizing the Chair to sign the proclamation.
Social Services Director Nancy Coston said she is here as one of the County's
representatives on the Workforce Development committee. She read the proclamation.
WORKFORCE DEVELOPMENT PROFESSIONALS MONTH
PROCLAMATION
WHEREAS, the economic development of every region in North Carolina and the ability of our
businesses and industries to compete in the global economy is more than ever before
dependent on the availability and quality of a skilled workforce; and
WHEREAS, the complexity and fast-paced change in our economy and labor markets puts new
demands on individuals and employers at all levels; and
WHEREAS, job seekers need the assistance of knowledgeable and dedicated professionals to
facilitate the process by which our workforce identifies, prepares for, obtains and maintains
employment and self-sufficiency; and
WHEREAS, employers depend on similar levels of professional services to help them recruit
and retain a competitive workforce and to continually upgrade the skill sets of their incumbent
employees;
NOW, THEREFORE we, the Orange County Board of Commissioners, join with the State of
North Carolina, the North Carolina Employment and Training Association, and the National
Association of Workforce Development Professionals in designating the month of May as
Workforce Development Professionals Month to honor those individuals in all the Workforce
Development organizations and partnerships who play such a vital role in our economy.
This, the 20th day of May 2008.
A motion was made by Commissioner Carey, seconded by Commissioner Nelson to
approve proclaiming the month of May as Workforce Development Professionals Month and
authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
d. Workforce Development Board (WDB) Annual Report
The Board received the annual report for fiscal year, July 1, 2006—June 30, 2007,
prepared by the Regional Partnership Local Area on Workforce Investment Act Programs.
Social Services Director Nancy Coston made reference to the report in the agenda
packet. She encouraged the County Commissioners to review the highlights. She said that she
went to one of the events today for the recognition of the Workforce Development Professionals
Month, and one of the employers being recognized talked about when they needed employees
in a hurry, they called the Skills Development Center. She thinks that this is the kind of
partnership that must be fostered.
e. Presentation by the Library Services Task Force
The Board received the 2007 Library Services Task Force Report Executive Summary
and considered direction for County and Library management for a consolidated County-wide
library system.
Dr. Evelyn Daniel, Chair of the Library Services Task Force, and Brenda Stephens,
Library Services Director made this presentation.
Dr. Daniel recognized the members of the task force and read the names of the sub-
committee members. She said that she appreciates the support the task force has received
and it has studied this issue of library services since 1998. She said that during this last
reiteration, the task force tried to gather all information from the past task forces and to put it
together for the Board of County Commissioners. She read the executive summary in the
agenda attachment, as shown below (pp. 3, 4, and 5):
Library Services Task Force
Executive Summary
To the Commissioners:
Thank you for your financial support and guidance for the series of studies on libraries and
services in Orange County beginning with the Task Force of 2002, the Task Force of 2004, the
Carrboro Study Group, and the most recent Task Force of 2007. These local studies are
combined with four recent national studies described below to form the knowledge base for
comprehensive library service for the county.
• A national survey of public attitudes toward libraries reported that the American people
see libraries as political solutions to many pressing community problems, such as
universal access to computers and a safe place for teens. Libraries have high
credibility; they are given the highest grade of any community institution. They perform
an essential service in a trustworthy manner; local libraries use money well. The general
public values libraries as a safe central community gathering location. The public
believes libraries should provide traditional services, such as books for children,
reference materials, knowledgeable and friendly librarians as well as 21st century
services like computers and online services.'
• A national survey funded by the Institute for Museum and Library Services concluded
that libraries evoke consistent, extraordinary public trust among diverse adult users, that
the public benefits from the presence of libraries on the Internet, that available
information inspires the search for more information, and that Internet use is positively
related to in-person visits to libraries.2
• A 2007 survey by the Pew Internet &American Life Project reports that libraries drew
visits from more than half the American population last year for a variety of purposes.
Young adults were found to be the heaviest users of libraries for problem-solving
purposes and other reasons.3
• Two additional recent reports calculated taxpayer return on investment in Florida and
Pennsylvania public libraries respectively. These studies used public library annual
reports to the State Library, a statewide household telephone survey of adults, in-library
surveys of adults, surveys of organizations and an input-output econometric model. The
conclusion is that all taxpayers benefit from public libraries through their contribution to
education, the economy, tourism, retirement, and quality of life. Overall Florida's public
libraries return $6.54 for every $1.00 invested from all sources; the Pennsylvania ROI in
public libraries is 5.5 to 1.45
Long Overdue;A Fresh Look at Public Attitudes About Libraries in the 2f'Century(2006).. Prepared by Public
Agenda with support from the Americans for Libraries Council and the Bill and Melinda Gates Foundation.
Accessed 4/27/2008 from http://www.publicagenda.org/research/pdfs/long_overdue.pdf
2 Griffiths,Jose-Marie and Donald King(2008). InterConnections: The IMLS National Study on the Use of
Libraries, Museums and the Internet. Funded by the Institute for Museum and Library Services. Accessed
4/27/2008 from http://interconnectionsreport.org/reports/ConclusionsFullRptB.pdf.
3 Estabrook,Leigh,Evans Witt and Leigh Rainey(2007). Information Searches That Solve Problems; How People
Use the Internet, Libraries, and Government Agencies when They need Help. (2007). Funded by the Pew Internet
and American Life Project. Accessed 4/27/2008 from
http://interconnectionsreport.org/reports/ConclusionsFullRptB.pdf.
4 Griffiths,Jose-Marie;Donald W.King,Christinger Tomer,Thomas Lynch;Julie Harrington(2004). Taxpayer
Return on Investment in Florida Public Libraries:Summary Report. Funded by the Institute of Museum and Library
Services and administered by the Florida Dept.of State, State Library and Archives of Florida. Accessed 4/28/2008
from http://dlis.dos.state.fl.us/bid/roi/pdfs/ROISummaryReport.pdf.
5 Griffiths,Jose-Marie;Donald W.King and Sarah Aerni(2006). Taxpayer Return-on-Investment(ROI) in
Pennsylvania Public Libraries. Funded by the Commonwealth of Pennsylvania. Accessed 4/28/2008 from
http://www.statelibrary.state.pa.us/libraries/lib/libraries/paroireportfmal7.pdf.
We used this knowledge base to develop three principles as the basis of our recommendations
for library service in Orange County:
1. a regional approach
2. collaborative county-wide planning
3. a 3-5 year plan to address immediate needs.
Using the first principle, we recommend that the county adopt a regional approach to library
service. This translates to main libraries in Hillsborough and Chapel Hill and geographically
located branches elsewhere, plus a Heritage Center in Hillsborough. Your acceptance of the
attached facility requirements and the capital investment in the new main library building are
steps in the fulfillment of this recommendation. The next step would be consolidation of the two
small Carrboro facilities in a Southwest Branch, followed by a North/West expansion of the
Northern Branch in Cedar Grove and the establishment of a West County Branch in Efland.
Please see attachment (1) for a chart comparing where we are now to the recommendations of
the 4-year-old 2004 facilities plan.
The second principle is continued growth in collaborative county-wide planning. The
planning process underlying the several task forces has fostered a cooperative approach. The
acceptance of a county library standard moves us forward on this goal. Attachment (2) shows
what has been accomplished and what remains to be done in the achievement of this standard.
Future initiatives, such as courier service among all the libraries and interoperability of online
public access catalogs, for example, are possible next steps. We recommend that the county
investigate the advantages and disadvantages of a jointly operated technical support system
using a common online public access catalog (OPAC) by engaging an expert to conduct a
study of costs and alternatives. .
The third principle we recommend is the development of a 3-5 year plan to address
immediate needs. We recommend ongoing reviews of progress and plans using the two
attached standards for facilities and services with consideration for changes in technology and
current best practices, and information reports to the county commissioners.
To summarize, the immediate next steps that we recommend are the following:
1. The establishment of the Heritage Center and the construction of a Southwest
library branch. This should be followed as soon as possible by a North/West
expansion of the Northern Branch in Cedar Grove and the establishment of a West
County Branch in Efland.
2. A study of the advantages and disadvantages of a county-wide jointly
operated technical support system. Other mechanisms for collaborative activities
between the County library system and the Chapel Hill library should continue to be
explored.
3, Ongoing reviews of progress toward meeting library facilities
recommendations and service standards.
Submitted by the Library Services Task Force
Commissioner Nelson thanked Dr. Daniel for her work. He asked the Manager about
the next steps since the Board is accepting this report and not adopting it. Laura Blackmon said
that for a report like this, it is important for the Board of County Commissioners to discuss it at a
��.
work session along with the financial implications. This issue will come back to the Board in the
fall.
Commissioner Nelson made reference to the second recommendation from the
manager concerning consolidation, and said that it goes beyond the realm of the report and
Laura Blackmon said that this had come through the initial recommendation and she thought
about just opening up some dialogue with Chapel Hill and Carrboro.
^ Dr. Daniel said that the County has two systems (McDougle has a separate one that's
compatible with the school) and Chapel Hill has another system. There would be some
substantial effort and time in trying to blend them tog9the[, but the task force thinks that it is
worth investigating by a technical expert.
Chair Jacobs said that at the last task force meeting there was discussion about long-
term viability of the Hyconeechee library system and initiating a discussion about consolidation.
Commissioner Nelson said that he has lived here for 27 years and he believes that the
two systems should merge, but the Board of County Commissioners needs to have a
conversation about this before directing staff to initiate dialogue on consolidation. He said that
he would be afraid that if the Board moved on this too fast, it may upend the whole
recommendation of the task force.
Dr. Daniel suggested that the Board of County Commissioners could let Chapel Hill
collect fees for out of town use instead of asking for County support. This is her opinion and not
necessarily the opinion of the task force.
Commissioner Gordon suggested directing County and Library management to begin
discussions with the Town of Chapel Hill for greater collaboration between the two systems and
see how it goes.
A motion was made by Commissioner yJe|soO, seconded by Commissioner Gordon to
accept Library Services Standards and Facilities Needs Matrix developed by the 2007
Lib[ ' Services Force; and direct County Library management to begin discussions
Library ' `
for greater collaboration with the Town of Chapel Hill.
VOTE: UNANIMOUS
f. Distinguished Budget Presentation Award
The Board recognized the staff of the Orange County Budget Office for earning the
Government Finance Officers' Association Distinguished Budget Presentation Award for the
2007-08 fiscal year and presented the plaque.
Laura Blackmon said that this is to recognize the Budget staff— Donna Coffey, Tonya
Walton, Paul LaughtoD, Allison Chennbero, John Gallop, and Justin Amos. She read the
background info[rnation, as shown below:
GFOA is an internationally recognized organization that offers guidance and support to
local and state government budget and finance professionals throughout the United States and
Canada. The GFOA's Distinguished Budget Presentation Award is the highest form of
recognition in governmental budgeting and represents a significant achievement by the
organization. Its attainment represents a major achievement by a governmental entity and its
budget team. In order to receive this award, the County's budget and capital planning
documents must meet stringent program criteria as policy docuDlentg, operations guidee,
financial plans and communications devices.
This year marks the sixteenth year that the Orange County Budget Office has received
the GFOA Distinguished Budget Presentation Award. Eligibility standards and expectations for
the award become more stringent and rigorous with each year. The County commends Budget
staff members Donna Coffey, Tonya VVa|ton, Paul Laughton, Allison Chambers, and Justin
Amos for their ability to consistently achieve the'high standards required to receive this
esteemed award.
Chair Jacobs said that the Board of County Commissioners appreciates the opportunity
to serve with the Budget Office and appreciates the service of the employees.
Presentation of Recommended Fiscal Year 2008-2009 Budget
The Board received the Recommended Fiscal Year 2008-2009 Budget.
County Manager's Recommended 2008-09 Annual Operating Budget
Presentation
Southern Human Services Center, Chapel Hill
Orange County, NC
May 20, 2008
Guiding Principles
',Balance increasing service demands and sluggish revenue growth while keeping our
community affordable for all residents.
.Balance the Board of Commissioners' historic commitment to schools as the County's top
funding priority with other community needs.
.Provide a safe and healthy community for our growing populations including multi-cultural and
economically stressed residents.
.Fund staffing, operational and capital costs associated with new County facilities that will come
on-line during the next fiscal year.
.Offer a competitive pay and benefits package for our current permanent employees to enable
them to deal with financial strains caused by rising gas, food, health care and housing costs
Proposed Ad Valorem Tax Rate
▪Recommended tax rate of$1.038 per$100 of assessed valuation
mRepresents an increase of 8.8 cents over current rate of 95 cents
mOne cent on property tax estimated to generate $1,271,729
Proposed Chapel Hill Carrboro City Schools District Tax Rate
mRecommended tax rate of 23 cents per$100 of assessed valuation
®Represents an increase of 2.65 cents over current rate of 20.35 cents
mOne cent on property tax estimated to generate $808,738
Recommended General Fund Budget
▪General Fund Budget totals $188.3 million
Original fiscal year 2007-08 budget totaled $173.6 million
Recommendation represents an 8.4 percent increase over previous year original
budget
7.)
Education Funding
Overview
.Total recommended funding for both School districts totals $91.2 million
.48.5 percent of total General Fund appropriations
.Increase of$6.8 million from fiscal year 2007-08 approved budget for operations, fair
funding, debt service and capital
.Per pupil recommended at $3,256
',Increase of$187
New County Facilities
mEleven new facilities coming on line next fiscal year
.Examples include parks, County Campus and Library, Animal Services Facility, and
Justice Facility
mCosts to staff and operate these new facilities $3 million next fiscal year
Staff Priorities
.Transitioning long-term temporary employees to permanent status with benefits
.Staffing new facilities
.Addressing health, safety and wellbeing for growing populations
.Meeting increased service demands
Debt Service
m Since 1988, Commissioners have authorized $325 million in debt financing for school,
county, and partner projects
m' • General Fund debt service in FY 2008-09 totals $26.1 million
o 13.4% of total General Fund
o Equivalent of 20.5 cents on tax rate
▪ Funding level is $2 million more than current fiscal year or the equivalent of 1.6 cents on
tax rate
Employee Pay and Benefits
.2 1/2% Cost of Living Adjustment for all employees effective July 1, 2008 - $1,000,036
• .Enhancement of the In-Range Salary progression - $220,710
',Maximum increase in annual health insurance premiums of 8 percent effective January 1,
2009 - $264,000
.Implementation of Phase I of classification and pay plan - $225,000
.To address employees' salaries most out-of-line with the market
•Full funding of Archer results effective July 1, 2009
��.
Public Hearings and Work Sessions (All Meetings Begin at 7:30 p.m.)
Public Hearings_ May 27th at F. Gordon Battle Courtroom, Hillsborough
May 29th at Southern Human Services Cantar, Homestead Road,
Chapel Hill
�
VVorkGeoe�no - June 5th at Government Services Center, Cameron
Hillsborough
June 12th at Southern Human Services Center Homestead Road,
Chapel Hill
�m
Work Session/Adoption - June 17th at Southern Human Services Center. Homestead Road,
Chapel Hill
Final Adoption - June 24th at Southern Human Services Center, Homestead RoBd,
Chapel Hill
Document Availability
mC|edxb] Board of Commissioners
▪County Budget Office
▪Orange County Library
ruChape| Hill Public Library
roCarrboro Library
N CedmrGnoVe Library
Im[)range County Website (portions of document):
wmnxnm'co'ommnge'nc'us
Commissioner Carey asked about the amount of money generated by one cent on the
tax rate and why it is lower for next year than it is currently. Donna Coffey said that it is
$1.247.000 now, and next year it will be $1.271.000. It is lower than what was reported at the
last work session, but over the last couple of weeks there have been some trends in motor
vehicle valuations.
Laura Blackmon said that this is a very low increase in valuations, and the County needs
to do something to stimulate economic growth on a regular basis.
Commissioner Nelson said that an 8.8-ceDt increase is not going to fly and he thinks the
Board should expect this. He asked the Manager to state it more clearly at the public hearings
and bring back some suggestions on cutting it down. Laura Blackmon said that she will be
looking at cutting services on that evening — i.e., cutting hours on facilities' ope[atiVDs, services
that are not core services, and cutting back on expenses. She said that some of the staff are
becoming overburdened with the increase of services and not the increase in staff to handle the
services.
Commissioner Nelson agreed and said that people are hurting now with food and gas
costs. He said that the County Commissioners will have to look at every possibility for
cutbacks.
Laura Blackmon thanked the school systems for working with the staff this past year, as
well as the elected officials.
Commissioner Gordon asked for a printed schedule of topics the Board will be
addressing on these work session nights. She said that there are only two sessions before the
su
Board gets to the adoption of the budget and she thinks it will be a challenge to get through this
budget.
Chair Jacobs agreed with Commissioner Nelson. He said that this is a proposed 9.3%
increase. He suggested, that if there will be discussion of cutting services, then the County
Manager should say this right up front at the public hearing. If the County will be using some of
the fund balance, then it is important to have a chart showing historical per pupil funding, etc.
He said that this is the Board's opportunity at the budget public hearings to state its message in
its terms as opposed to the media's terms. He asked the Manager to list which facilities the
County is required to build or were approved by voters through bond issues. Regarding debt,
he thinks that it should be broken down in the presentation as what percent of the $325 million
is for schools. He thinks that the schools are driving the County's debt.
4. Consent Agenda
A motion was made by Commissioner Foushee, seconded by Commissioner Nelson to
approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes for February 25, 26 and April 15, 2008 as submitted by the
Clerk to the Board.
b. Appointments
(1) Animal Services Advisory Board— Reappointments
The Board reappointed Daniel Textoris, Susan Elmore, and Jean Connerat-Austin to
second full terms ending June 30, 2011, and Suzanne Roy to a first full term ending June
30, 2011 to the Animal Services Advisory Board.
(2) Board of Social Services— Reappointment
The Board reappointed Patricia Garavaglia to a first full term ending June 30, 2011 to the
Board of Social Services.
(3) Economic Development Commission— Reappointment
The Board reappointed Anita Badrock and Mark Crowell to second full terms expiring June
30, 2011 to the Economic Development Commission.
(4) Transportation Services Board — Reappointment
The Board reappointed Dan Parker to a first full'term ending March 31, 2011 to the
Transportation Services Board.
c. Property Tax Refund
The Board adopted a refund resolution, which is incorporated by reference, related to one (1)
request for property tax refund in accordance with N.C. General Statute 105-381.
d. Motor Vehicle Property Tax Release/Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to 54
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
e. CJPP 2008-2009 Service Continuation Contracts
The Board approved the contract for the continuation of services provided through the NC
Department of Correction, Criminal Justice Partnership Program and authorized the Chair to
sign, pending the availability of State funds and review by the County Attorney.
f. Home and Community Care Block Grant for Older Adults Funding Plan, FY2008-09
The Board approved the recommended Home and Community Care Block Grant for Older
Adults Funding Plan for FY2008-09.
9. Fiscal Year 2007-08 Budget Amendment#10
The Board approved budget, grant, and capital project ordinance amendments for fiscal year
2007-08 for Department on Aging, Library Services, Criminal Justice Partnership Program,
Health Department, Conservation Easements Capital Project Ordinance, and Equipment and
Vehicle Capital Project Ordinance.
h. Contract Renewal with UNC Family Medicine and Health Department for Physician
Services
The Board renewed contract with UNC Family Medicine and Health Department for Physician
Services and authorized the Chair to sign pending approval of the FY 2008-2009 budget and
County Attorney review.
i. Contract Renewal for Pharmacy Services for Health Department
The Board approved the contract renewal for pharmacy services for the Health Department and
authorized the Chair to sign, pending the approval of the 2008-2009 budget and County
Attorney review.
Renewal Agreement with Chapel Hill Training and Outreach, Inc. and Health
Department for Dental Services for Head Start
The Board approved a renewal agreement for Heath Department provision of dental services
for the Head Start Program offered by Chapel Hill Training and Outreach, Inc. in northern
Orange County and authorized the Chair to sign subject to County Attorney review.
k. Amendment to FY2007-08 Current Year Contract with Personalized Patient Home
Assistance, Inc. to Provide In-Home Aide Services to Eligible Adults
The Board amended the FY2007-08 contract with Personalized Patient Horrie Assistance Inc.
for In-Home Aide Services to eligible adults and authorized the Chair to sign,
I. Renewal of Contract with Center for Employment Training for Voca0onal Training
The Board accepted the Social Services Board recommendation to renew the contract with the
Center for Employment Training and authorized the Chair to sign contingent upon the approval
of the FY 2008-09 budget.
m. Renewal of Contract with Northern Blue, L.L.P. for DSS Legal Services
The Board accepted the Social Services Board recommendation and approved the renewal of a
contract with Northern Blue for Fiscal Year 2008-2009 for legal representation for the
Department of Social Services and authorized the Chair to sign contingent upon the approval of
the FY 2008-09 budget.
n. Approval of Continuation of Contract with OPC
The Board approved the continuation of a contract with Orange-Person-Chatham LME for a
• part-time liaison to assist clients of Social Services to access needed mental health services
and authorized the Chair to sign contingent upon the approval of the FY 2008-09 budget.
o. Renewal of Contract with UNC Hospitals for DSS to Provide Medicaid Workers
The Board accepted the Social Services Board recommendation to renew a contract for income
• maintenance staff at UNC Hospitals and authorized the Chair to sign.
E Renewal of Contract for Social Work Services Between Orange County Schools and
Orange County Department of Social Services
The Board accepted the recommendation of the Social Services Board to renew the contract
between the Orange County Schools and the Orange County Department of Social Services for
the provision of eight Department of Social Services positions and related supervision to
provide social work and case management services in the schools, contingent on the
continuation of the contract funding, and authorized the Chair to sign.
R., Approval of Contract with Betty Rintoul, Ph.D. to Provide Mental Health Screenings
for Young Children in Child Welfare System
The Board approved a contract with Dr. Betty Rintoul to provide mental health services for
young children involved with child welfare services and authorized the Chair to sign.
r. Contract Award: Document Management System for Commissioner's Office
The Board approved a contract with MCCi of Tallahassee, Florida to purchase Laserfiche
Document Management Software totaling $35,225 and authorized the Chair to sign, subject to
review by the County Attorney.
s. Valley Forge Road Property Lease Rate for Builder's First Source
The Board approved the lease rate of$2.50/ square foot, for property owned by the County at
401 Valley Forge Road, Hillsborough and leased to Builders First Source.
t. Lease Renewal: Moody Building — 103 Laurel Avenue, Carrboro
The Board approved the renewal of a lease for the Moody Building at 103 Laurel Avenue,
Carrboro, NC through June 30, 2011 and authorized the Chair to sign.
u. Lease Renewal: Probation and Parole at the Moody Building
The Board approved the renewal of a lease with the State of North Carolina for its intensive
Probation and Parole function, which will reflect the three-year lease renewal through June 30,
2011, located at 103 Laurel Avenue, Carrboro, NC and authorized the Chair to sign.
v. Lease Renewal: Carr Mill Mall; Dental Clinic and Public Defender's Office
The Board approved the three-year renewal of a lease for 5,580 square feet of space used as a
Dental Clinic and Public Defender's office at Carr Mill Mall, Carrboro through June 30, 2011 and
authorized the Chair to sign.
w. Lease Renewal: Community School for People Under Six
The Board approved a one-year lease renewal for space at the Northside facility in Chapel Hill
for use as a daycare by Community School for People Under Six; to keep the administrators of
Community School for People Under Six apprized of the discussions with the Chapel Hill-
Carrboro City Schools regarding any future use of the site that might impair its use by the
Community School; and authorized the Chair to sign the lease renewal on behalf of the Board.
VOTE ON CONSENT AGENDA: UNANIMOUS
5. Public Hearings
a. Proposed 2008-2009 Secondary Road Construction Program for Orange
County
The Board discussed and received comment on North Carolina Department of
Transportation's Proposed 2008-2009 Secondary Roads Construction Program for Orange
County.
Planning Director Craig Benedict introduced Doug Galyon, NCDOT Board of Trustees
member. Doug Galyon said that he represents Orange County on the NCDOT. He said that
the programs presented last year are well underway and should be completed by the fall of this
year. He introduced Division Engineer Mike Mills.
Chair Jacobs thanked Doug Galyon on behalf of the County Commissioners for all of his
good work for Orange County. Commissioner Gordon agreed and also thanked Mr. Galyon
and acknowledged that Doug Galyon will be coming off the Board of Trustees at the end of this
administration.
Mike Mills, NCDOT Division Engineer, introduced Orange County Maintenance Engineer
John Howell, District Engineer Chuck Edwards, and Division Maintenance Engineer Brad
Waugh. The anticipated allocation for 2008-09 is $1,102,737. The proposal is to pave Ben
Wilson Road, Jimmy Ed Road, Madison Womble Road, Dewey Road, Lacock Road, and
Hensley Road. There is also a secondary road improvement project to realign the intersection
and construct turn lanes at the intersection of Eubanks Road and Old NC 86.
Chair Jacobs said that the County Commissioners had been discussing some concerns
that have been raised by residents on Ben Wilson Road. He suggested deferring the paving
program until there was a community meeting between NCDOT, Orange County government,
and the residents to work through the issues.
Mike Mills said that NCDOT would defer this item and have a community meeting.
Commissioner Carey made reference to the realignment of Eubanks Road and Old NC
86 and asked whether it included purchase of the right-of-way, and Mike Mills said that they are
going to and get the right-of-way free of charge.
Commissioner Gordon asked what happens if the Ben Wilson Road issue cannot be
resolved, and Mike Mills said that the funding would go to Hensley Road.
PUBLIC COMMENT:
Lynne Holtkamp is a property owner on Ben Wilson Road. She said that she has letters
from landowners along the road and in the adjoining area. She thanked the Board for its work
on this.
Chair Jacobs asked her to briefly summarize the points of the letters.
Lynne Holtkamp said that the residents would abide by whatever the Board wishes to
do. The residents have had conversations with DOT and there are only eight houses on the
road and it is completely rural with no traffic. The residents believe that having the road paved
would lead to future potential development, which is inconsistent with the comprehensive plan
for this area. If the Board decides to defer paving, then she will present the letters at that time.
Sara Shields lives on Jimmy Ed Road, which is a very rural road with three homes on it.
It is a road that goes nowhere and there is one church at the beginning of the road, which is
probably the reason why it has been bumped up to be considered for paving. The residents did
not know that the road was going to be paved until recently, so they are not prepared to present
letters from homeowners about how they feel about this. The residents would like an
opportunity to gather this together. She asked that the County Commissioners defer this until
there is a general consensus. She said that the residents have been told that their land values
would be higher if the road was paved, but they would like to maintain the rural character. She
said that, with all of the budget problems, paving a road that goes nowhere just seems
inappropriate.
Todd Shields is a landowner on Jimmy Ed Road and he reiterated what Sara Shields
said. He said that it does not make sense to him to pave this road with the budget crisis as it is.
Commissioner Carey said that the monies being spent for paving roads is not available
for the County to use for funding of the schools, but it can only be used for paving roads. The
Board of County Commissioners cannot take the money to use for something else.
Sara Shields asked if there was a way to get some time to get the community together
and Mike Mills said that DOT could meet with the community or survey the road first. He said
that the road could be partially paved for the church. This can be deferred until DOT meets
with the homeowners. The money will stay in Orange County and the secondary road system.
A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to
defer Ben Wilson Road and Jimmy Ed Road and approve the remainder of the 2008-2009
Secondary Roads Construction Program for Orange County; and that the Board requests a
report from Mike Mills, Chuck Edwards, and staff to see how the meetings with the residents
are going.
VOTE: UNANIMOUS
b. Proposed Animal Ordinance Amendment on the Tethering of Dogs
The Board conducted a public hearing for a proposed ordinance amendment to the
Orange County Animal Ordinance restricting the tethering of dogs, and considered adoption of
the ordinance amendment.
Animal Services Director Bob Marotto said that there has been a concerted effort
involved in staff and the citizen advisors and the process has gone on for a year and a half or
more. He said that this issue came to the Animal Services Advisory Board from the community
as a serious issue for the community to consider and address and to seek to resolve. He thinks
that the concerned citizens have driven the process that staff has pursued. One of the citizens
advisory boards appointed by the Board was the Tethering Committee, which met more than six
times iO2OO7. This resulted in a proposal for the ordinance amendment. The Animal Services
Advisory Board has considered this issue five additional times.
He said that he would underscore that the Tethering Committee and the ASAB have
tried to balance some conflicting concerns. He said that there are some exceptions to the
three-hour tethering limit and the proposal is not an outright prohibition of tethering. He said
that there has been a strong commitment to encourage education and seek to implement this
amendment over a period of time that would span 18 months, 12 of which would be dedicated
to education and awareness. After the first 12 months, there will be another six-month period in
which the new ordinance amendment would not be fully enfo[ced, but would be enforced with
warnings. The amendment would become effective and fully enforced as of January 1, 2010
and would become effective as of July 1, 2009.
Vice-Chair of the ASAB, Susan Elmore recognized the Animal Services staff. She said
that there are strong passions concerning this issue on both sides of the fence. She said that
she is here in support of this proposal. She pointed out pages 16-17 of the Tethering
Committee report, which outlines the tasks of the committee. She said that'the committee
considered all of the concerns on both sides.
Commissioner Nelson commended the Tethering Committee and said that it was hands
down the best committee he has worked on, everyone genuinely listened to each other, and
there was a tremendous amount of discussion on this topic. He said that the committee really
listened to the community and the staff was extraordinary.
Commissioner Carey commended Bob Marotto and said that the ASAB worked really
hard to be reasonable and to educate regularly. He thinks that the proposal reflects the
character of what the County Commissioners are trying to do in Orange County.
Chair Jacobs said that there are 22 people signed up to speak and he encouraged
people not to repeat what previous speakers have said.
PUBLIC COMMENT:
Lori Hensley is a volunteer on the Coalition to Unchain Dogs and she said that they build
fences for owners of dogs that cannot afford them. The coalition also provides free spay and
neuter and vaccinations for the pets. She said that this type of ordinance gives Animal Control
another tool for enforcement. She said that most people want better for their dogo, but they
need to be shown that there is a better way to do things. She read an email from the neighbor
of a person who received a fence from the coalition for a dog that was continuously chained in
Chapel Hill. "I just have to tell you that your civilizing Neptune has also civilized the entire
family. Now whenever I stop by to see my neighbor, Neptune is either sitting on the front porch
with a family rnenmbe[, playing in the house, or when he sees my car coming running down the
stairs to greet and kiss me. He even has his meals inside now and sleeps beside the bed. See
how the beauty of your work spreads to others. So much abuse and neglect are due to just
plain ignorGOce, are they not?" She said that this is not the only situation where the Coalition
has helped dogs. She asked the County Commissioners to approve the ordinance to limit the
chaining of dogs.
Henri McClees is a lobbyist for the North Carolina Sporting Dog Aeeocigbon, which is a
coalition of dog owOers, dog breedero, and dog clubs. She said that the membership's
philosophy is that animals do not have [ighto, but people have rights and responsibilities. They
do not believe that this proposal meets the needs of the anima|G, and they are certain that it
does not meet the needs of the people. She said that it is a bad idaa, it is not needed, it is not
fair, and it is bad public poli She said that this same concept was debated in a Senate
committee in the |egka|gtuxa, but the bill never got out of committee. She said that inhumane
treatment of animals is already against the law. She asked the County Commissioners to
consider cautiously looking at this from the attitude and the positions of the citizens. She
questioned the assumption that tethering is mistreatment of animals.
Jason Payne is a member of the Eno River Coon Hunters Association. He said that he
and his father have raised and trained dogs since he was 15 years old, and they tether their
dogs, but they also exercise them and take care of them. He is opposed to this amendment
because he does not believe that the descriptions in the amendment would accomplish what
people are trying to acco[Dp|ish, which is better treatment of animals.
Lamar Chapman lives in Orange County and said that he has numerous dogs and most
are not tethered. The ones that are tethered chew through a fence. He said that he has been
to all of the committee meetings and the committee is not listening to the citizens of Orange
County. He said that most of the people that are supporting this ordinance are not from Orange
County. He said that people are scared of speaking tonight because of Animal Control coming
to their property. He said that the people of unincorporated Orange County are not even aware
of this proposal. He showed some pictures that someone else had brought of dogs that were
chained and the collars were not embedded and the dogs were healthy. He suggested having
another public meeting.
George Painter is President of the Eno River Coon Hunters Association. He said that
this is a people p[ob|e0, not a dog prob|e0, and there needs to be education of dog owners on
the treatment of dogs. He said that a person that neglects an animal will neglect it no matter if
it is on a chain or in a kennel. He said that the County Commissioners shtuld spend more time
and better time on other problems in the County than passing more laws that will not help dogs
or the animal control problems.
Andrea Press is the N.C. Director of Responsible Dog Owners. She said that this
movement has been going through the country for the past year and a half. Animal rights
activists are quick to show pictures of dogs who have been chained improperly and the media
are quick to vilify the owner who tethers the dog. He said that people are being spoon fed the
idea that tethering is wrong by the animal rights activists. She gave statistics of children that
were killed by dogs because of parental neglect. She said that responsible dog owners have
the right to chain or not chain their dogs for whatever reason.
Amanda Arrington said that she represents people not here as the Director of the
Coalition to Unchain Dogs. She said that sometimes you must legislate in order to educate.
She agreed that cruelty can happen in any situation. She said that dogs that are chained are
more susceptible to being attacked.
Bobby Kirk said that he is disappointed in the way that this is going. He has tried to get
on the co00ittae, and he was not allowed. He said that he has trained dogs for 40 years. He
said that he has dogs come to him from all over the country that have been kenne|ed, but his
best dogs are tethered. He urged the County Commissioners to reconsider this. He said to the
committee that they never listened to the Orange County citizens. He said that tethering dogs
is not bad.
Michael Kirk lives in southern Orange County. He said that he looked at the Animal
Services website and read the amendment. He said that the costs of this amendment are
supposed to be absorbed back in the budget. He asked if the Animal Control Officers do
anything all day now. He said that he rode around within five miles of Chapel Hill and he
counted 38 tethered dogs and 72 dogs that were in kennels smaller than what is recommended.
He does not know how the costs of this are going to be aboO[bed, because thi6xvi|| be a lot of
work. He said that he has had dogs all of his life and the ones that are tethered are the
friendliest dogs.
Steven Hopkins said that he is a citizen of Orange County and he has owned dogs all of
his life. He asked that there be an exemption for sporting dogs or for homeowners that cannot
kennel because most sporting dogs must have daily exercise and must be chained to be in
events. He said that putting dogs in kennels will not solve any problems. He thinks that the
existing laws should be enforced.
Pat Sanford is on the ASAB. She said that she is an animal trainer and she would never
tether her dogs because it is not productive in training. She said that for 17 years she did
animal investigations for Orange County, and during that time there was a very high number of
investigations with tethered animals. She said that it is a human problem and not an animal
problem. She thinks that the ordinance needs to pass to help the animals. She understands
the sporting dog owners' concerns. She said that she is in support of the ordinance.
Ja0ieJacobs'is a resident of Orange County and an owner of a p!t bull. She said that
she was asked to speak by a friend to share some statistics. She said tlat her breeder has
been breeding pit bulls for over 20 years in the North Carolina mountains, and he was very
clear with her about what she needed to do with the dog if she wanted him to become a vicious
and dangerous animal, and that was to chain him and leave him alone. If she wished him to
become a loving and social animal, then she must provide for him in other ways, which she
does. She contains her dog with an Invisible Fence and she takes him for long walks. She said
that there is a book sold in pet stores that gives very specific information about this breed, that
if they are chained, they will become vicious and dangerous animals.
Kris Bergstrand lives in Chapel Hill and was a member of the Tethering Committee and
the ASAB. She said that the members learned a lot from the residents of Orange County and
they struggled with how to balance the needs of the animals with the rights of the citizens. She
said that a number of people think that PETA activists drove the subcommittee to make this
recommendation and she disagrees. She is a veterinarian and she cares about the humane
treatment of dogs. Hoxveve[, public safety is very important to her. She said that the
subcommittee got feedback from animal control professionals in the state who said that they did
not find it to be more work or more costly to have tethering ordinances; they noticed a decrease
in dog bites, a decrease in puppies, and a decrease in surrenders. She thinks that the benefits
that other jurisdictions in the state have seen from restricted tethering would do well in this
County.
Susan Kelly lives in Carrboro and she has two dogs, which are tethered because they
dig under the fence and they jump the fence. Both of them are spayed. She said that the dogs
have a very nice area to live in, and she does not know what her option would be other than not
letting her dogs outside to play together.
Jacky Rosati is a resident of Orange County and she has a dog that lives inside her
house. She is in support of this ordinance and emphasized that it is restricting tethering and
not an anti-tethering ordinance. She said that she is also here on behalf of Jane Marshall who
could not be in attendance. She read a letter from Jane Marshall:
"Dear Commissioners,
I have been a dog trainer in Orange County for 20 years. One of my areas of expertise
is evaluating dogs for aggression and so I am very familiar with what triggers aggression in
dogs.
Living on a chain deprives a dog of his basic needs and causes high levels of stress and
frustration. Frustration is a pre-cursor to aggression. This is a very dangerous type of
aggression as the dog is in a highly aroused emotional and hormonal state and will target
anything moving nearby. The unfortunate victims of chained dogs are often unsupervised
children who wander into the dog's space. Mutilating i juries are usually sustained in these
situations.
•
■iira
I am also a mother, raising my children in this com0uDit«, and a humane educator. As
well as the huge safety factor for children around chained dogs, it is important for our children
to learn empathy for everything around them, to grow up to be caring, contributing citizens.
Successful humane education programs focus on helping children relate to the animals in their
environment and to respect and care for them. Living with a dog chained at the bottom of the •
garden desensitizes our children to the needs of animals and conveys the wrong message to
them. Chained dogs are often the victims of taunts from neighborhood ohi|dpen, a terrible
situation for the dog and an incorrect learning experience for the child.
So I respectfully ask you to disallow the permanent tethering of dogs in Orange County,
for the safety of our chi|d[eO, for the humane treatment of dogs and for Orange County to
become a caring. compassionate, community for all.
Jane Marshall"
Emily Weinstein thanked everyone for the work on the ordinance and said that she
believes that animals do have rights. She has fenced her yard and her dogs come in and out of
her house. She supports this ordinance.
Lauren Knapp-Resnik lives in Hillsborough and she thinks that everyone agrees with no
cruelty to animals, and she is a total animal lover. She lives on 20 acres and has horses,
chickene, dogs, cats. She has one dog that is tethered, because she is over protective of him
because of an accident that he had while he was running free. She is against this ordinance
because it is not a solution to this problem. She thinks that the ordinance should be on a case-
by-case basis.
Loren Hart is a UNC Alum and a resident of Orange County. He is here as an advocate
for all ani0a|s, human and otherwise. He said that animals CaO feel p|eaou[e, pain, fear, and
loneliness. He gu0g8stedth8tifthe County Commissioners pass this ordinance, then they will
help to create a kinder and gentler world, a world that is more just, more peaceful and more
loving. He said that chaining dogs for long periods is a form of abuse and should be stopped.
He suggested that humans should not exploit animals for any reason.
Joseph Clees is a representative of the N.C. Sporting Dogs. He represents 12 different
counties. He said that this is a very controversial issue. He said that he has watched Chair
Jacobs, and he has talked with sensitivity and compassion. He complimented Chair Jacobs on
this. He said that he can see some fundamental flaws that there are segments of the
population that feel that they have not had an adequate public process. He said that there are
members on both sides of the issue that feel fear and intimidation. He asked the County
Commissioners to please not fall into an animal rights agenda. He said that it isthe
responsibility of humans to protect these animals and take care of them. He encourages the
County Commissioners to have at least 3-4 public hearings.
Suzanne Roy lives in Hillsborough and was on the Tethering Committee. She said that
the committee held two public hearings and invited members who are opposed to this ordinance
to come onto the committee, and she does not know of any applications. She thinks that the
committee has listened. She does not think that there is any question that tethering dogs is
inhumane. She read a quote from the Dog Whisperer, "Chaining is a very dangerous and cruel
practice. The more tightly a dog is chained, the more pent up energy he will have. The more
pent up energy, the more aggression. A frustrated dog on a chain becomes a weapon and is
nearly three times more likely to attack or bite a person than a dog that is simply loose in the
yard." She believes that this ordinance has broad community support.
Chad Resnick said that one of the people that spoke said that dogs on chains have a
tendency to bite people. His response to that is to teach children not to go near dogs that they
do not know. His dog has a 45-foot lunge line with a 12-foot lead on it and has a heated and
air-conditioned dog house. He said that it would be infeasible for his dog to be in a 12x12 fence
and restrict his movement that much, which is one of the recommendations.
Tim Frazier is an officer of the Eno River Coon Club, but he is speaking for himself. He
said that he was told at the other public meetings that sporting dogs would be exempt from the
ordinance. He said that no one told him how to get on these committees. He said that the
sporting dog owners feel that they are being singled out. He said that he has a dog that will dig
out or climb out of a fence. He said that he did not find anything out about this meeting Until
Saturday. He asked the County Commissioners to really think about this before passing it.
Ellen Whitaker is with the Coalition to Unchain Dogs and she said that they build fences
that dogs cannot dig out of. She said that it is possible to keep a dog that digs in a fence. She
said that when the coalition is able to provide a fence, then the owner can see that the dog now
has a personality because it can run around and not be chained.
Diane Genteel said that she raises and shows rat terriers, and she does not tether her
dogs. She said that the problem is not the tethe[iOg, but the implementation of tethering. She
said that proper tethering socializes, cares for, and exercises animals very well. She asked the
County Commissioners to please consider tethering from a different point of view.
Nancy Carson Eickert lives in Orange County and has participated with the Coalition to
Unchain Dogs. She affirmed everything that the representatives of the coalition said. She does
not think that most people realize the conditions under which they find some of these animals.
She thinks that education about proper tethering would help the situation.
Josh Chapman is 15 years old and was born and raised in Orange County. He has had
dogs all of his life, and said that just because a dog is on a chain does not mean that it wilt be
depressed. He said that his chained dogs run around and play and are happy. He said that he
had a dog that was in a pen and was not gaining weight and barked all the time, and when the
dog was put on a chgin, it gained weight and stopped barking. He asked the County
Commissioners to please oppose the ordinance.
Commissioner Nelson said that he would like to absorb all of this and take time to reflect
and wait to make a decision.
Commissioner Carey agreed.
Chair Jacobs said that it would probably be on the June 31d agenda. The public asked
for proper notice.
Chair Jacobs said that if the Board does not vote on it noxx, it will be scheduled for June
3m.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
defer this item to June 3 on the regular agenda.
VOTE: UNANIMOUS
6. Regular Agenda
a. Approval of Funding Plan for Chapel Hill Carrboro City Schools Elementary
#11
The Board considered approving a funding plan or construction of Elementary#11 for
the Chapel Hill/Carrboro City Schools.
Commissioner Foushee made reference to the second page and the third paragraph,
and said that it should say "Northside" and not "Northern" Human Services Center.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
approve the funding plan for construction of Elementary#11 for the Chapel Hill/Carrboro City
Schools.
VOTE: UNANIMOUS
b. Resolution Requesting the North Carolina Geodetic Survey to Proceed to
Survey the Orange/Alamance County Boundary
The Board considered adopting a resolution requesting the North Carolina Geodetic
Survey to continue its work surveying and setting monuments for the proposed preliminary plat •
that will lead to resolving the uncertain Orange/Alamance County boundary.
Chair Jacobs said that it is not Orange County's agenda to expand Orange County and
the goal is just to define the line that everyone can agree upon. There will be no decisions
made tonight. This was done with Chatham County a few years back.
Geof Gledhill said that the Alamance County resolution basically tracks the Orange
County one, except for the last paragraph.
PUBLIC COMMENT:
Elizabeth Hilborn is a landowner that may be affected by this line change. She said that
she wants to raise the issue of public safety because one or more of the tracts located near the
southern origin of the line will be isolated from their newly proposed county by the geologic
barrier of Cane Creek. There are no existing roads or bridges that grant these parcels timely
access to their newly proposed county's emergency services such as EMS, fire control, or law
enforcement. For the sake of public safety, these geographically isolated parcels should be
preserved within their current counties.
A RESOLUTION
REQUESTING THAT THE NORTH CAROLINA GEODETIC SURVEY CONDUCT A SURVEY,
SET MONUMENTS, AND DELIVER A PLAT OF THE ORANGE/ALAMANCE COUNTY
BOUNDARY FOR REVIEW
BY THE ORANGE COUNTY BOARD OF COMMISSIONERS
WHEREAS, the boundaries of Orange County were established by act of the Colonial General
Assembly in 1752, Orange County being "formed" from portions of Bladen, Granville, and
Johnston counties; and
WHEREAS, the boundary between Orange and Alamance counties was "formed" by survey
commissioned by an Act of the General Assembly of North Carolina, which Act was adopted
during the Session of 1848 and 1849 (hereafter"the Act") at the time Alamance County was
formed; and
WHEREAS, the boundary established by the Act relies on numerous geographic or landmark
references that, while perhaps useful and adequate then, are insufficient now to demarcate
where the boundary between Alamance County and Orange County lies; and
WHEREAS, over the past 159 years various agreements and arrangements were made by and
between the Alamance County and Orange County tax offices which have resulted in
inconsistent determinations between Alamance County and Orange County as to the situs of
specific parcels of land in both Alamance County and Orange County; said inconsistencies
being heightened by the ever increasing residential and commercial development in proximity to
the Alamance County - Orange County boundary line; and
WHEREAS, both Alamance County and Orange County agreed by resolutions adopted on
December 17, 2007 and January 15, 2008, respectively, to observe North Carolina General
Statute 153A-18 in requesting that the North Carolina Geodetic Survey (NCGS) perform a
preliminary survey and present a proposed map of the county boundary to both Orange and
Alamance Counties; and
WHEREAS, on March 11, 2008, NCGS staff presented to the staffs of Alamance County and
Orange County ten points determined through extensive field and office research of the 1849
survey, as well as the county boundary as depicted on the USGS quadrant maps, which points
and boundary NCGS deem to accurately depict the 1849 survey; and
WHEREAS, the Alamance County Board of Commissioners agreed; by vote on April 21, 2008,
to approve authorizing NCGS to conduct the preliminary survey and the placing of monuments
by the NCGS; and
WHEREAS, Orange County recognizes that based on previous experiences in resolving other
ambiguous Orange County boundary lines, issues affecting residents and property owners in
proximity to the Orange County-Alamance County boundary line will need to be acknowledged
and considered in reaching a final determination as to the location of the boundary line;
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners
does hereby request that the North Carolina Geodetic Survey Section of the North Carolina
Department of Environment and Natural Resources:
1) conduct a survey of the Orange County-Alamance County boundary line as proposed on
March 11, 2008 and prepare a map of that survey;
2) place monuments on the newly surveyed boundary for each of the ten proposed points;
and
3) provide the Orange County Board of Commissioners with a proposed plat of the
boundary for review with said survey beginning with, and using as reference, the Official
Survey Base for the State of North Carolina as set forth in N.C. Gen. Stat. § 102.1 et
seq.
BE IT FURTHER RESOLVED THAT the Orange County Board of Commissioners does hereby
indicate its intention to conduct a public input process following the presentation by NCGS of
the preliminary final plat so that necessary and advisable modifications to the plat, if any, can
be considered and approved by both the Orange County and Alamance County Boards of
Commissioners before recordation of the conclusive location of the boundary.
This Resolution takes effect immediately.
A motion was made by Commissioner Foushee, seconded by Commissioner Carey to
adopt a resolution requesting the North Carolina Geodetic Survey to continue its work surveying
and setting monuments for the proposed preliminary plat that will lead to resolving the uncertain
Orange /Alamance county boundary.
VOTE: UNANIMOUS
c. Approval of Proposed Land Exchange for Orange County Public Works
Land with the Town of Hillsborough Land Related to the Agreement Between the Town
and the County
The Board was to consider approving the proposed land exchange for Orange County
Public Works with Town of Hillsborough related to the agreement between the Town and the
County, thereby helping to finalize the Fairview Public Campus Master Plan approval process
and authorize the Chair and Clerk to sign.
DEFERRED
d. Discussion Regarding Possible Solicitation of Public Comments During the
June 3, 2008 Regular Meeting on a Potential One-Quarter Cent Sales Tax Increase
Referendum
The Board was to consider discussing whether or not to solicit pubic comments at the
June 3, 2008 Regular Board Meeting on a potential referendum on a one-quarter cent additional
sales tax in Orange County.
DEFERRED
e. Recycling Processing and Collection Program Expansion Details and
Implementation Plan
The Board was to consider endorsing the components of the FY 2008-09 Solid Waste
Management budget relevant to implementing the transition to commingled bottle and can
collection, program expansion and the proposed timeline for implementation, pending approval
of the FY 2008-09 Solid Waste Enterprise Fund budget.
DEFERRED
f. BOCC Goals and Initiatives
The Board was to consider approving the Goals and Initiatives of the Board as initially
expressed by the Board, in conjunction with staff, at the February 8, 2008 BOCC Retreat.
DEFERRED
7. Reports-NONE
8. Board Comments (Three Minute Limit Per Commissioner)
DEFERRED
9. County Manager's Report
DEFFERED
10. Appointments
a. Alcoholic Beverage Control Board — New Appointments
The Board considered making new appointments to the Alcoholicl3everage Control
Board.
Commissioner Foushee nominated Rosa Tilley (position 2) to a term expiring June 30,
2009 and John Link (position 3) to a term expiring June 30, 2011.
Commissioner Carey nominated Keith Cook (position 4) to a term expiring June 30,
2011.
VOTE: UNANIMOUS
b. Joint Orange Chatham Community Action — New Appointment
The Board was to consider making one appointment to Joint Orange Chatham
Community Action.
DEFERRED
c.c. Orange County Board of Adjustment— New Appointment
The Board was to consider making two new appointments to the Board of Adjustment.
DEFERRED
11. Information Items
• Memorandum Regarding New Hope Park at Blackwood Farm Master Plan
12. Closed Session-NONE
13. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
adjourn the meeting at 11:00 p.m.
VOTE: UNANIMOUS