HomeMy WebLinkAboutAgenda - 12-10-2013 - 6a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 10, 2013
Action Agenda
Item No. 6-a
SUBJECT: MINUTES
DEPARTMENT: PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Donna Baker, 245-2130
Draft Minutes
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
October 1 , 2013 BOCC Regular Meeting
October 8, 2013 BOCC/Joint meeting with Board of Health
(5:30pm)
December 2, 2013 Excerpt from draft minutes — Item 5a and 5b-
Public Hearings (Time sensitive for CDBG
grant)
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
I Attachment 1
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 October 1, 2013
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday,
10 October 1, 2013 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
13 Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County
17 Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff
18 members will be identified appropriately below)
19 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE.
21
22 1. Additions or Changes to the Agenda
23 Chair Jacobs noted that Commissioner Pelissier would be arriving late.
24 Chair Jacobs reviewed the following items at the Commissioner's places:
25 • Two hand outs from individuals speaking on Veterans' affairs
26 • White-PowerPoint for item 7a, Unified Animal Control Ordinance
27
28 PUBLIC CHARGE
29 The Chair dispensed with the reading of the public charge.
30
31 2. Public Comments
32 a. Matters not on the Printed Agenda
33
34 Jesse Torres is an Orange County resident and a member of the military order of the
35 Purple Heart, Chapter 637. He reviewed the history of the Purple Heart. He indicated the hand
36 out at the Commissioner's places, which is a proposed proclamation to have Orange County
37 designated as a Purple Heart county. He noted that the back side of the sheet lists all the
38 counties that have already gone through this process.
39 Marshall Morris is here on behalf of Jesse Torres. He noted the handout at the
40 Commissioner's places from the Veteran's Administration, indicating that there are 7000
41 veterans in Orange County who receive compensation. He said this equals $26 million per year
42 in compensation and pensions given to wounded veterans. He said this information is to
43 support Jesse Torres' request.
44 Don O'Leary said he agreed with most of the Board's decisions, with the exception of
45 the topic of ICLEI. He said the government has shut down the wrong departments, and all
46 three branches of the government should have been shut down.
47
48 b. Matters on the Printed Agenda
49 (These matters will be considered when the Board addresses that item on the agenda
50 below.)
2
1
2 3. Petitions by Board Members
3 NONE
4
5 4. Proclamations/ Resolutions/ Special Presentations
6
7 a. Resolution Recognizing Senator Ellie Kinnaird for Service to Orange
8 County
9 The Board considered a resolution recognizing Ellie Kinnaird for her years of service to
10 the people of Orange County and authorizing the Chair to sign.
11
12 Chair Jacobs read the following proclamation
13
14 ORANGE COUNTY BOARD OF COMMISSIONERS
15
16 RESOLUTION RECOGNIZING NORTH CAROLINA
17 SENATOR ELLIE KINNAIRD
18
19 WHEREAS, Eleanor "Ellie" Kinnaird was elected to the North Carolina State Senate by the
20 voters of the 23 d District, which includes Orange County, for nine (9) terms from
21 1997 to 2013; and,
22
23 WHEREAS, Ellie Kinnaird was elected as the mayor for the Town of Carrboro from 1987 to
24 1996; and,
25
26 WHEREAS, her time in office represents 26 years as an elected public servant; and,
27
28 WHEREAS, Ellie Kinnaird has demonstrated commitment to protecting and strengthening the
29 institution of state government through her perseverance and statesmanship; and,
30
31 WHEREAS, Ellie Kinnaird has been a persistent advocate for the rights of the underprivileged,
32 a dedicated protector of the environment, a champion of social justice, a resolute
33 opponent of the death penalty, and a supporter of fulfilling employment and quality
34 public education; and,
35
36 WHEREAS, Ellie Kinnaird has gone about her public duties with an unflagging spirit, a
37 willingness to attend diverse community events that reflect and support the values
38 of Orange County, and a devotion to principle regardless of obstacles or
39 opposition; and,
40
41 WHEREAS, during her years in the Senate, Ellie Kinnaird served as Chair of the Appropriations
42 Committee on Justice and Public Safety, as Chair of the Mental Health and Youth
43 Services Committee, as Vice-Chair of the Agriculture/Environment/Natural
44 Resources Committee, and also served on the Senate committees for Finance,
45 State and Local Government, and Health Care; and,
46
47 WHEREAS, during her years of service, she has been recognized by a multitude of
48 organizations including the North Carolina National Association for the Mentally III,
49 the National Coalition Against the Death Penalty, the North Carolina Academy of
3
1 Trial Lawyers, the Adolescent Pregnancy Prevention Coalition of North Carolina
2 and the North Carolina Central University School of Law;
3 NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does
4 hereby recognize Senator Ellie Kinnaird for her progressive leadership and
5 commitment to the sanctity of the political process in the North Carolina Senate
6 while representing residents of Orange County.
7
8 This, the first day of October 2013.
9
10 A motion was made by Commissioner Gordon, seconded by Commissioner Price to
11 adopt the resolution recognizing Ellie Kinnaird for her years of service to the people of Orange
12 County and authorize the Chair to sign.
13
14 VOTE: UNANIMOUS
15
16 Ellie Kinnaird said she never expected to work in government. She said Orange County
17 is unique, and its values are such a part of the leadership of our state. She appreciated being
18 able to serve the residents of Orange County.
19
20 b. Arts & Humanities Month —2013 Piedmont Laureate John Claude Bemis
21 The Board was introduced to and heard a brief selection from Hillsborough resident and
22 children's book author, educator and presenter John Claude Bemis, the 2013 Piedmont
23 Laureate.
24 Martha Shannon introduced John Claude Bemis. She noted that this is the 5th year of
25 this program, co-sponsored by the Orange County Arts Commission, the City of Raleigh Arts
26 Commission, the Durham Arts Council, the United Arts Council of Raleigh and Wake County,
27 and the Alamance Arts Council. She said throughout this year Mr. Bemis has brought together
28 people to celebrate the art of writing.
29 John Claude Bemis said he has lived in Orange County for over 20 years, but he grew
30 up in eastern N.C., in Dawson's Creek. He read a brief selection of some of his writing.
31
32 C. Orange County Disability Employment Awareness Month Proclamation
33 The Board considered a proclamation declaring October 2013 as Disability Employment
34 Awareness Month in Orange County and authorizing the Chair to sign.
35
36 Deana Jones represents North Carolina Vocation and Rehabilitation. She thanked the
37 Board for this proclamation.
38
39 Commissioner Gordon read the proclamation:
40
41 ORANGE COUNTY BOARD OF COMMISSIONERS
42
43 ORANGE COUNTY DISABILITY EMPLOYMENT
44 AWARENESS MONTH
45 PROCLAMATION
46
47 WHEREAS, October is National Disability Employment Awareness Month; and,
48
4
1 WHEREAS, persons with disabilities have skills, talents, and dreams, and with respect and
2 acceptance, individuals with disabilities— mental or physical — can participate in
3 society and the work force to their fullest capacity; and,
4
5 WHEREAS, workplaces welcoming of the talents of all people, including people with disabilities,
6 are a critical part of Orange County efforts to build an inclusive community and
7 strong economy; and,
8
9 WHEREAS, through the use of assistive technology, people with disabilities can gain equal
10 access to employment; and,
11
12 WHEREAS, Orange County recognizes that persons with disabilities are a resource we cannot
13 afford to overlook or not use to their highest potential;
14
15 NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners does
16 hereby recognize the month of October 2013 as DISABILITY EMPLOYMENT
17 AWARENESS MONTH in Orange County and calls upon employers, schools and
18 other community organizations to become more aware of the needs, capabilities
19 and hopes of people with disabilities.
20
21
22 This, the 1 st day of October 2013.
23
24 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
25 approve a proclamation declaring October 2013 as Disability Employment Awareness Month in
26 Orange County and authorize the Chair to sign.
27
28 VOTE: UNANIMOUS
29
30 5. Consent Agenda
31 • Removal of Any Items from Consent Agenda -NONE
32
33 • Approval of Remaining Consent Agenda
34 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
35 approve the items on the consent agenda.
36
37 VOTE: UNANIMOUS
38
39 a. Minutes — None
40
41 b. Motor Vehicle Property Tax Releases/Refunds
42 The Board adopted a resolution, which is incorporated by reference, to release motor
43 vehicle property tax values for thirty-three (33) taxpayers with a total of thirty-seven (37) bills
44 that will result in a reduction of revenue.
45 c. Property Tax Releases/Refunds
46 The Board adopted a resolution, which is incorporated by reference, to release property
47 tax values for ten (10) taxpayers with a total of twenty-six (26) bills that will result in a reduction
48 of revenue in accordance with North Carolina General Statute 105-381.
49 d. Applications for Property Tax Exemption/Exclusion
5
1 The Board approved ten (10) untimely applications for exemption/exclusion from ad
2 valorem taxation for thirteen (13) bills for the 2013 tax year.
3 e. Approval of a New Public Health Preparedness Coordinator Position
4 The Board approved a new Public Health Preparedness Coordinator position (1.0 FTE)
5 in Orange County as a shared position between Emergency Services (.50 FTE) and the Health
6 Department (.50 FTE).
7 f. Memorandum of Agreement with the Town of Hillsborough for the Hillsborough
8 Circulator Transit Service
9 The Board approved an amended Memorandum of Agreement (MOA) between the
10 Town of Hillsborough and Orange County for the Hillsborough Circulator bus service and
11 authorized the Interim County Manager to sign.
12 g. Request for Road Addition to the State Maintained Secondary Road System
13 The Board approved making a recommendation to the North Carolina Department of
14 Transportation (NCDOT) concerning a petition to add a subdivision road in Mallory Place
15 Subdivision (Casey Lane) to the State Maintained Secondary Road System.
16 h. Appointment of Review Committee for the County Logo
17 The Board approved the appointment of a Review Committee for the County logo.
18
19 6. Public Hearings
20
21 a. North Carolina Department of Transportation, Rural Operating Assistance
22 Program (ROAP) Grant Application for FY 2013/2014
23 The Board conducted a public hearing for the NCDOT Rural Operating Assistance
24 Program (ROAP) grant and considered approving the annual FY 2013/2014 ROAP grant
25 application and certified statement and authorizing the Chair and Interim County Manager to
26 sign.
27 Craig Benedict spoke on behalf of Al Terry, who was out on sick leave. He said this
28 application was estimated at $200,000 during the budget process, and it involves three
29 separate funds, as outlined in the abstract. He reviewed the background section of the
30 abstract, including the following FY 2013-2014 ROAP Individual program totals:
31
32 Elderly/Disabled Transportation Assistance Program $80,561
33 Employment Program $34,980
34 Rural General Public Program $92,624
35 TOTAL $208,165
36
37 Craig Benedict said the purpose of the public hearing is to solicit comments from the
38 general public regarding the program or the need for services.
39 Commissioner Gordon said she did ask clarifying questions about this via email, and
40 she requested that her email to be entered into the record as follows:
41
42 From: Alice Gordon rmailto:gordon.alicep_gmail.com]
43 Sent: Monday, September 30, 2013 10:24 AM
44 To: Barry Jacobs; Bernadette Pelissier; Earl McKee; gordon.alicep_gmail.com; Alice Gordon;
45 Mark Dorosin; Penny Rich; Renee Price; Donna Baker; Frank Clifton; Greg Wilder; Michael
46 Talbert; Cheryl Young
47 Subject: Questions/ comments on Oct. 1, 2013 agenda
48
49 Questions/ comments on Oct. 1, 2013 agenda
50
6
1 6a - ROAP grant application
2
3 My understanding from the abstract is that the $92,624 in RGP funds will be used for the
4 Hillsborough-Chapel Hill route and for the Hillsborough circulator route.
5 How much will be allocated to each of these routes? Are there any other general public routes
6 that will receive these funds?
7
8 The abstract refers to the "development of the Hillsborough to Chapel Hill public route, no
9 longer funded through Triangle Transit....."
10 Please clarify what this means. My understanding was that Triangle Transit did fund the
11 morning and evening service on this route, but that OPT funded the mid-day service. How are
12 these services funded now?
13
14 Staff Response:
15 Although not clearly stated in the abstract, to clarify, Triangle Transit still funds the
16 morning and evening service for the Hillsborough to Chapel Hill route; however, the RGP
17 funds the County receives are partially used to support the midday service for that route.
18 RGP funds are not used at all for the Hillsborough Circulator bus service. The
19 Hillsborough Circulator route is financially supported exclusively through a Federal
20 CMAQ grant and the Town of Hillsborough's matching contribution. Other uses of RGP
21 funds by OPT in the county include:
22
23 1) Rural general public demand response trips;
24 2) Demand response medical trips for the disabled who do not qualify for the
25 Elderly/Disabled Transportation Assistance Program (EDTAP); and
26 3) Two fixed routes designed to transport persons with disabilities for employment trips
27 that are also open to the general public on a seat-available basis.
28
29 Commissioner Dorosin asked if this is a competitive grant and if there is an expected
30 amount to be received.
31 Craig Benedict said the County can reasonably expect over $200,000. He said this is
32 not too competitive, since OPT is the only rural entity providing transportation in this area. He
33 said there is legislation out there that may make this more competitive in the future.
34 Commissioner Price asked about the $3.00 per trip co-pay, and questioned whether
35 Craig Benedict is aware of the percentage of residents that are unable to pay that amount.
36 Craig said he does not know a percentage. He said that OPT allows free companion
37 trips for residents taking a trip for medical reasons. He said over 116,000 one way passenger
38 trips are served per year. He said this isn't a source of revenue for the program; it simply
39 covers the segment of the population that is not elderly or being covered by Medicare costs.
40 He said this cost is being analyzed to see if there are any other support mechanisms to reduce
41 the amount.
42 Commissioner Price noted that the cost is $3 for one way, and she asked if many
43 people use the service only for one way.
44 Craig Benedict said it varies, and it is not 100 percent two way trips.
45 Chair Jacobs said maybe this can be analyzed when there is more staff support
46 available, to see if Orange County can help out more financially.
47
48 PUBLIC COMMENT:
49
7
1 Marshall Morris said, being a disabled veteran, he was unaware of this mode of
2 transportation. He asked if there is a schedule posted for this transportation entity so he can
3 share it with other veterans, especially amputees. He asked if the transportation is handicap
4 and wheelchair accessible.
5 Craig Benedict said there is information available. He said he would provide phone
6 numbers for door to door service with handicap accessibility. He said there is a circulator route
7 and a 420 bus to take people down to UNC Hospitals.
8 He said information is available on the website, through the Planning and Inspections
9 Department and Orange Public Transportation.
10
11 A motion was made by Commissioner Rich, seconded by Commissioner McKee to close
12 the public hearing.
13
14 VOTE: UNANIMOUS
15
16 A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
17 approve the annual FY 2013/2014 ROAP grant application and certified statement and
18 authorize the Chair and Interim County Manager to sign.
19
20 VOTE: UNANIMOUS
21
22 7. Regular Agenda
23
24 a. Unified Animal Control Ordinance
25 The Board considered approving revisions to the current Orange County Animal Control
26 Ordinance to make it a Unified Animal Control Ordinance.
27 Chair Jacobs said he has asked staff to track some of the language changes that are
28 made as this goes along. He said if a good stopping point cannot be reached tonight, this will
29 be moved to the next meeting. He noted that there are some grammatical and typographical
30 mistakes to be corrected.
31 Commissioner Pelissier arrived at 7.44 pm.
32 Bob Marotto reviewed the following PowerPoint slides:
33
34 Unified Animal Control Ordinance
35 October 1, 2013 presentation
36
37 Background
38 Orange County's Animal Control ordinance has not been updated since it was created in
39 1987
40 Orange County Animal Services (OCAS) was created as a department in 2004/2005
41 — part of the BOCC timeline included updating the ordinance
42 — ordinance has yet to be updated to reflect the changes involved in the county
43 integrating sheltering and animal control operations
44
45 Municipalities
46 Historically, Animal Control provided service to the unincorporated parts of the County
47 — Hillsborough has received service from the county since the 1987 ordinance's
48 adoption
49 — Chapel Hill contracted with Animal Protection Society prior to OCAS creation
50 (2004)
8
1 — Carrboro had separate Animal Control officer until 2013 (on-call provided
2 previously by OCAS)
3 — Mebane continues to provide its own Animal Control services (despite overtures
4 from OCAS)
5
6 Reasons to Unify
7 To create a coherent and integrated ordinance for Orange County as a whole
8 — The municipalities that receive animal control services each have different
9 ordinances
10 — Ordinances are confusing to public, staff and judiciary process
11 To provide necessary & overdue updates
12 — Reflect consolidation of sheltering and animal control operations in OCAS
13 To fill critical gaps
14 — Years of judicial process have identified important gaps within each of the
15 ordinances
16 — Hampers department's ability to protect the public and animals of the county
17
18 Staff Attorney Annette Moore, presented the following slides:
19
20 Summary of Recommendations
21 Updating ordinance to reflect OCAS department creation
22 Keeping & displaying of wild animals
23 Creating an appeal process for administrative orders and civil citations
24 Designating only animal control staff as cruelty investigators
25 Creating authority for assuring humane treatment of animals and humane euthanasia
26 Adding differentiation of public nuisances created by cats
27 Establishing authority sufficient to effectively regulate potentially dangerous dogs
28
29 Summary of Public Concerns
30 Livestock as nuisance animals
31 — § 4-45. (b) (6) added: "at large off the premises of the owner or Keeper, �����cepj
32 In the case of dorirhestlic Ilivestock the nliririal Seirvli����s IDiir�����toir�� shall Ir�ave the
33 discire lon to �1���teirirrir�hliir��-.�� -aviolati�:�ir�';; [pg 23 -strikethroug h version-of
34 recommended ordinance
35 Dangerous vs. Vicious
36 — Existing county ordinance includes vicious animals
37 — Any added language comes from Chapel Hill and Carrboro ordinances
38 No appeal process for vicious dog declaration
39 — Existing ordinance has no appeal process, but proposed unified ordinance does
40 contain an appeal process for vicious dog declarations, as well as other
41 administrative orders
42 Dual declaration appeals
43 — Existing ordinance has no appeal process for vicious dog declarations.
44 Proposed ordinance allows the appeal of both declarations to be considered in a
45 single appeal hearing.
46 That proposed ordinance makes it responsibility of owner to prove intruder came onto
47 property with criminal intent
48 — § 4-42. (e) (4) deleted: "Committing a willful trespass or other tort as I pirovided In
49 W'"'.. Gen. Scat. ("'. ���I�vteir° °14, Article °2°21E:''µ" [pg. 18 in strikethrough version of
50 recommended ordinance]
9
1 — Language now similar to that found in state statute and Carrboro ordinance
2 — Summary of Public Concerns cont.
3 Watchdog definition
4 — Existing language in current ordinance: § 4-37. "A dog that barks and threatens
5 to bite any intruder that has not been specially trained or conditioned for that
6 purpose." [pg 8 in strikethrough version of recommended ordinance]
7 — Barking and threatening to bite on owner's property does not qualify the dog as
8 potentially dangerous or vicious- hence the definition is meaningless. Once a
9 dog bites, it no longer meets requirements of watchdog
10 — This language was removed from proposed ordinance
11 The distinction between rural and urban has been removed
12 — Where significant differences occur between the municipal and county
13 ordinances, they will be retained in the municipal code of ordinances
14 Examples: tethering, crowing roosters, livestock, chicken coops
15 none of these examples are included in the unified ordinance
16
17 Chair Jacobs acknowledged Susan Elmore's work on the ASAB and with this process.
18 Susan Elmore, ASAB Chair, DVM presented the following slides:
19
20 Summary of Public Concerns cont.
21 No School of Government involvement and no public input
22 — Susan Elmore, ASAB Chair, DVM
23
24 ASAB and Public Process
25 • ASAB Chair spoke with Associate Professor Aimee Wall, UNC School of Government
26 • ASAB & Agricultural Preservation Board officers, along with senior staff of Animal
27 Services and DEAPR, met to discuss livestock concerns with ordinance
28 • ASAB Chair also spoke with a local farmer on matters related to at-large livestock and
29 other issues that might affect county farmers
30 • ASAB considered the ordinance 3 times prior to June 4th BOCC meeting
31 — ASAB is comprised of Orange County residents who have been appointed by the
32 BOCC to review such issues
33 — One meeting dedicated to vicious/dangerous dog declarations and residents
34 were invited to speak and their concerns were heard
35 Since June 4th BOCC meeting, ASAB met again to discuss ordinance and they
36 unanimously recommended BOCC adoption
37 The ASAB 2014 work plan will include a review of targeted items on the unified
38 ordinance
39
40 Bob Marotto reviewed the following slide:
41
42 What the Unified Ordinance Is
43 • A unification of the existing ordinances that
44 — fills gaps
45 — makes it possible to efficiently protect the public and carry out services
46 — avoids existing confusion within department, public and court system
47 • A fluid document that still allows for differences between municipalities and county
48 where needed
49
10
1 Annette Moore said there needs to be a due process for administrative orders and civil
2 citations.
3 She said the designation of cruelty investigators will be helpful in instances of large
4 scale seizures. She said there needs to be a balance of sheltering and keeping these animals
5 as well.
6 Chair Jacobs said the Board has requested attachment 3, pages 20-21 at agenda
7 review, and it was useful information.
8 She said additional language has been added with regard to dangerous and vicious
9 dogs, and this language was taken from Chapel Hill and Carrboro's ordinances. She said
10 language has also been added to designate repeat offenders, which expands the authority to
11 restrict this dog to the property. She said there is also a new requirement to micro-chip repeat
12 offenders, in order to prove their identity.
13 Annette Moore reviewed the slides regarding public concerns. She reviewed
14 background regarding livestock as nuisance and said the new language captures the concern
15 over whether the Animal Services Director has discretion in these situations.
16 She reviewed the background and reasons for further definition of the term "trespasser."
17 She said the new language clarifies willful trespass.
18 Susan Elmore said Amy Wall agreed that it was a good idea to unify first with minimal
19 but critical changes.
20 She said discussions about the livestock concerns were productive. She said no one
21 wants a farmer to be cited for livestock that is off their property for reasons beyond their control.
22 She said the hope is that this new language will suffice. She said the Agricultural Preservation
23 Board will meet later this month to discuss this further.
24 Bob Marotto said he feels that a framework has been created that will allow for some
25 differences within the unincorporated areas of the county and the towns.
26 Commissioner McKee asked about the appeals process, as listed on page 49 of the
27 packet, section 4. He asked if this is assumed to be after the Animal Services Director has had
28 a chance to review.
29 Bob Marotto said yes.
30 Chair Jacobs asked if this designates 5 business days or 5 calendar days.
31 Annette Moore said it is 5 calendar days.
32 Commissioner Price asked about the appeals process and who would be involved in this
33 process. She feels this would be more of a quasi-judicial action, similar to the Board of
34 Adjustment. She said the people on these boards are specifically chosen. She asked if the
35 people doing appeals would need to have certain qualifications. She said this seems to tread
36 into legal matters.
37 Annette Moore said the ASAB does currently provide a quasi-judicial function, and all
38 members have received annual training. She said she and Bob Marotto provide the training
39 regarding the law and the consideration of dangerous dog appeals.
40 John Roberts said it is not unusual for an advisory board to also serve as a quasi-judicial
41 body, or for a legislative board to also serve as quasi-judicial body. He said there is not usually
42 extra training, but there is legal counsel available.
43 Bob Marotto said his experience with the ASAB in other locales is that these boards
44 hear dangerous dog appeals and are obligated to act within the law with the provision of
45 evidence.
46 Commissioner Price asked if there is a rigid schedule of issues in making decisions.
47 Annette Moore said this is done now.
48 Susan Elmore said she has served on the appeals board for many years, and the law is
49 followed very rigidly. She said statements are heard from both parties, and all documents are
50 read. She said this is taken very seriously and it has been 100% fair in her experience.
11
1 Bob Marotto said the board does have findings of fact that are the basis for a final
2 determination. He said, in the case of a hearing, the elements are conducted and a document
3 is completed, signed by the board and given to both parties. He said these are quasi-judicial
4 hearings that are mandated by state law. He said the Board of County Commissioners has
5 given this authority to the ASAB. He said there is an option to appeal to the Superior Court as a
6 second step in the appeal process.
7 Commissioner Dorosin referred to page 445, regarding the at-large language. He said
8 one issue with the language is the broad discretion it offers. He noted that Susan Elmore used
9 more specific language — "domestic livestock at large, through no fault of the owner." He said
10 this specificity is needed to make things more clear.
11 Commissioner Pelissier said some of the concerns of the public relate to the watchdog
12 issue. She asked if cases have occurred where the owner ends up with a dog labeled vicious
13 when the owner did not know that the dog would bite, because this not a normal behavior for
14 the animal.
15 Bob Marotto said there may be a known propensity of the owner that the dog will bite or
16 it may be a trait that has not been seen yet. He said there may be a trigger that sets off the
17 behavior, such as chasing a bike. He said the number of bites is large and the reasons are
18 varied.
19 Commissioner Pelissier asked for clarification on the legal definitions for what would be
20 considered provocation.
21 Annette Moore said a definition for provocation is included on page 29 of the packet,
22 and this is a new definition that did not exist before.
23 Bob Marotto gave an example of a child who was bitten after going into a house with a
24 dog who had not previously bitten.
25 Commissioner Gordon asked if people who testify are sworn in when the ASAB hears
26 appeals. She asked if all cases can be appealed to the Superior Court.
27 Bob Marotto said that the NC general statue provides the right to an appeal process with
28 the local government, and there is an opportunity for a second step appeal within ten days of
29 that first decision
30 Commissioner Gordon asked if this applies to all cases.
31 Bob Marotto said yes.
32 John Roberts said this would be the final administrative piece of the process, and for
33 any final decision, there is the option to go to the courts after that.
34 Commissioner Gordon asked if all testimony is sworn.
35 Annette Moore said this is not currently in place, but it can be.
36 Commissioner Gordon asked why this is not in place.
37 John Roberts said it goes to the courts in the form of a de novo appeal; which means
38 everything is repeated again, so there is no need for this first appeal to have sworn testimony.
39 He said if the Board of County Commissioners wanted sworn testimony then that could be
40 provided.
41 Commissioner Rich asked why the watch dog definition is being taken out. She also
42 asked for the definition of"specially trained and conditioned" and clarification on who is
43 responsible for this training and conditioning. She said she is referring to the strikethrough on
44 page 30, item c.
45 Bob Marotto said this is a point of contrast with the preceding two types of security dogs,
46 which are professionally trained attack dogs. He said this can be done in private training or
47 police training for security or police dogs. He said this would be the kind of training for those
48 first two other types, and not to the watch dog. He said, in addition to the training that would be
49 professionally done to certify a dog as a sentry or patrol dog, there would be required
12
1 registration for these types of dogs. He said the watch dog is neither conditioned, trained or
2 registered in contrast to these two types.
3 Commissioner Rich asked if a watchdog is considered to be a dog that bites, versus just
4 a dog who barks.
5 Annette Moore said this can include any dog that barks to keep an intruder out, which
6 includes any dog. She said this makes the definition is meaningless.
7 Commissioner Rich asked about a case where someone tries to enter her house and
8 her dog bites the person in response.
9 Annette Moore said once the dog bites it is not a watch dog, according to the definition.
10 Commissioner Rich said she disagrees with this.
11 Commissioner McKee said if the term watch dog is generic and meaningless, then why
12 not leave it in. He disagreed with taking it out.
13 Annette Moore said this term makes the reader think that there are greater or fewer
14 rights given. She said that any dog that barks or threatens to bite an intruder on personal
15 property is a watchdog. She said there is nothing wrong with a dog that barks or threatens to
16 bite on your property; there is no legal issue with that.
17 Commissioner Price said her fear is that if someone has a watch dog that is barking,
18 and a person comes onto the property, and the dog bites this person, then the County can say
19 this is a dangerous dog.
20 Annette Moore said the board is looking at the terms in isolation. She said if an intruder
21 comes on to property and the dog bites, under the ordinance this is not a vicious dog - it is a
22 trespass. She said if an intruder innocently trespasses, and the watch dog barks or threatens
23 them, that has no legal meaning.
24 Commissioner Price asked if micro-chipped animals need to have rabies tags.
25 Bob Marotto said this differs for dogs and cats. He said state law does not require cats
26 to wear a rabies tag. He said the County does not require it as long as proof of vaccination can
27 be provided. He said the statute does not allow this for dogs. He said the microchip only
28 provides identification if a scanner is available.
29 Commissioner Rich asked about input from municipalities, since there are no animal
30 control officers in those towns. She asked who was contacted for input.
31 Bob Marotto said the board spoke with the members of the Carrboro police department.
32 He said the board spoke with Chapel Hill Police Chief Blue, as well as staff and the town
33 attorney. He said it has been a holistic approach with the municipalities from the beginning.
34 Commissioner Rich asked if the municipalities have seen this draft ordinance.
35 Bob Marotto said the municipalities have seen it and are fully on board. He noted that it
36 will still have to go back to the elected bodies for a vote. He said there has been an enormous
37 amount of work from all of these entities.
38 Commissioner Price said dog fighting is illegal in Orange County. She asked why the
39 ordinance lists precautions rather than a statement that it is illegal.
40 Bob Marotto said there was a case a few months ago, where the County had to ride with
41 police on a drug warrant. He said there was information that there were 15 dogs involved with
42 illegal dogfighting. He said there was no direct testimony available, but paraphernalia was
43 found, and it was used to build a case. This is the reasoning for the precautions.
44 Commissioner Price asked where the ordinance against dog fighting is located.
45 Bob Marotto said the County resorts to state statutes for that.
46 Chair Jacobs asked if there are fire standards for kennels.
47 Bob Marotto said, for most kennels, there is a planning and zoning process. He said
48 Animal Services has been responsible for the animal welfare and less for the building structure.
49
50 PUBLIC COMMENT:
13
1
2 Kris Bergstrand has been a Veterinarian for 33 years. She said she has experience in
3 small animal practice, academia, pharmaceutical research and toxicology. She said she has
4 been on the ASAB in the past, and during that period of time she heard many dangerous dog
5 appeals. She said there was always a veterinarian on board, with ordinance in hand during the
6 process.
7 She said she was here to show support for this unified ordinance. She said there has
8 been a tremendous amount of work and cooperation between the County and the towns. She
9 found during the tethering ordinance-process, that residents on both sides criticized the board,
10 and made wrongful assumptions.
11 She gave the Commissioners a hand out regarding statistics about dog bites in rural
12 versus urban areas.
13 Ed Johnson said he is submitting public comment on behalf of Bob Epting, who was
14 unable to attend. He submitted the following written statement from Bob Epting:
15
16 FROM BOB EPTING:
17 I have just received the materials you are being provided for your agenda item pertaining to
18 revision of the animal control ordinances into a Unified Ordinance.
19
20 While the original idea of consolidating the several Town and County ordinances into a Unified
21 Ordinance was a good one, the revised drafts go far beyond the simple consolidation the
22 Board envisioned and directed. We appeared and complained about this gross enlargement
23 of authority, resulting in the elimination of citizens' rights under the existing laws, at your
24 meeting before the summer break.
25
26 Sadly,the draft "Unified"ordinance retains the features we complained about, and still
27 exceeds your charge of simplification and consolidation.
28
29 In particular, I note that the provision in the existing law permitting a person to keep a
30 watchdog, and protecting the animal and its owner from vicious animal designation and legal
31 liability, (if the animal bites a trespasser on the owner's property), has been deleted. Thus,
32 the intruder is to be protected, while the owner is directed to lock up his dog for the rest of
33 its life, all for doing what the owner expected to protect his family and property.
34
35 Those who propose the "Unified"ordinance say they have retained the "sentry dog"
36 designation, which requires the animal to be trained or conditioned (no definition, discretion
37 of the AS Director, I suppose), and the property to be marked "No Trespassing." They argue
38 this will make it easier to enforce the law. I have seen the way these squishy provisions,
39 leaving discretion in the hands of AS Officers and the AS Director,are simply avenues for
40 uneven treatment of citizens from one case to the next.
41
42 In a case I was in last summer; defending a property owner whose dogs were declared
43 vicious animals" because one of the two had bitten a trespasser who had crept up from the
44 distant rural road through adjacent woods to the very steps of my client's home, we found
45 that the AS Officer was not even aware of the watchdog provision in the existing ordinance,
46 had no idea how his being an intruder affected the case, and had no interest in his having
47 been arrested several times in Alamance County for criminal trespass, or how that affected
48 the matter. WE DO NOT NEED MORE DISCRETION IN THE AS OFFICERS OR THEIR
49 DIRECTOR.
50
14
1 What we need is to have you act to preserve the citizen's right to keep a watchdog, especially
2 in rural Orange County, a natural human right that has existed since before there were laws,
3 and ought to continue to be recognized and defended by our elected officials.
4 Please do not vote to remove the present watchdog category, as the "Unified" ordinance
5 proposes to do.
6
7 Secondly, please be sure that the appeals Board,to which a citizen may appeal arbitrary,
8 baseless, or otherwise patently incorrect decisions that affect their animals, their homes and
9 their purses, is an independent appeals Board. The "Unified" ordinance requires that
10 appeals be heard by the Animal Services Board. In my opinion, the appeal ought to go to a
11 judicial authority, and I believe the "Unified" ordinance is unconstitutional because the right to
12 appeal agency decisions to judicial review is fundamental to the principle of due process. But
13 at least make the appeal's first step to a body consisting of a majority of citizens not directly
14 associated with the AS Board.
15
16 Finally,there are many places in the proposed "Unified" ordinance where sentences are
17 incomplete or nonsense words or phrases remain, even after our pointing them out
18 previously. Couldn't we at least expect that their product would have been edited so as to
19 be in a form you might adopt, rather than still needing the assistance of outside editors?
20
21 Bob Epting
22
23 Ed Johnson read his own statement, as follows:
24
25 1 am glad that Animal Control has listened to both the Board and to us citizens who
26 have made complaints and offered suggestions. My appearance last time was
27 prompted by my dog's being declared "vicious" for biting someone. After I pointed
28 out that my dog was acting as a watchdog and had bitten a trespasser, the
29 declaration was rescinded.
30
31 In the June draft of the unified ordinance, Animal Control deleted the category of
32 watchdog and watered down the idea of a trespass. Under the new ordinance, my
33 dog would be nailed as "vicious." You told Animal Control to come back with a new
34 draft that makes no new laws.
35
36 Animal Control has now presented you with a new draft that presumably makes no
37 substantive changes from what already exists. Presumably, substantive changes will
38 be added later.
39
40 On page 2 of the Agenda Abstract, Animal Control says that rather than presenting
41 the ordinance for an up or down vote, the Board is given a "menu of choices" where
42 they can say yea or nay on each of seven issues. This is a quote: For example, it is
43 possible to adopt the ordinance while preserving watchdogs as a category of security
44 dog." The "menu" is on page 14. It does not contain the promised watchdog issue.
45
46 People in the country have dogs for two reasons: As pets and as guardians. I rely on my
47 dog's bark to alert me that someone is approaching. This is part of her job. So I would
48 like to see the category of watchdog retained. I'd even be willing to have her officially
49 registered with Animal Control as a watchdog.
50
15
1 In the new ordinance, my dog would be off the hook for biting a trespasser if my property
2 had placards "noting the presence of such animal." What does this mean? What should
3 the sign say? And in regards to placards, I'd like to say two things: 1. Do we really want to
4 clutter the countryside with the thousands of signs necessary to protect dog owners from
5 having their dog called vicious. And, 2, any competent lawyer will tell you that by posting a
6 "beware of dog" sign, you are admitting that you regard your dog as dangerous and
7 opening yourself up to legal liability.
8
9 1 could say a lot more with extra time but I want to close with an amazing example of why
10 the draft ordinance needs more work. Take at look at the definition section on pages 69 and
11 70. Imagine you are bitten by a dog. Would you rather have an "injury" or a "severe injury?"
12 In the definition section a severe iniury entails broken bones and lacerations. But an iniury
13 requires "immediate medical attention to prevent death."
14
15 OTHER POINTS I'D LIKE TO MAKE
16 1. Why does Animal Control want to retain both categories, "vicious animal" and
17 "dangerous dog??" The County's designation "vicious animal" is only slightly different from
18 the State's designation of "dangerous dog. The double designation leads to cases such as 1
19 cited at the June BOCC meeting where a single event led to an animal's being called both
20 "vicious" and "dangerous." This caused the dog's owner a lot of unnecessary grief and
21 caused Animal Control to have to spend a whole lot of additional time on the case.
22
23 2. The proposed ordinance is filled with dozens of instances where the public is at the
24 mercy of the judgment or discretion of an Animal Control officer or of the Animal Services
25 Director. In my own case from last winter, my wife and I fell victim to this discretion issue
26 when we opted to keep our dog at home for the required 10-day quarantine after she bit a
27 trespasser. I had no argument with the quarantine. But I did have to leave the county for a
28 short trip and asked if Animal Control could keep the dog overnight and then return her to
29 my custody.They said yes but when I went to pick her up, they said no. After a heated
30 discussion,they said yes again.Then they said no once more and finally after a face-to-face
31 meeting said yes again.Five changes of mind is four too many. Certainly there must be
32 some provision for experts to exercise professional judgment. But it would help the
33 ordinance if some of these discretionary points were fleshed out so as to let the public know
34 what to expect.
35
36 3. The designation of a dog as"vicious" is really serious. In essence it terminates any
37 freedom the dog previously enjoyed. He must be kept inside the owner's house. When
38 kept outside, it must be in a specially constructed pen built to Animal Control's
39 specifications and inspected annually for which the owner must pay an inspection fee.
40 When off the owner's property, the dog has to be on leash and wear a muzzle. When
41 outside on its owner's property, it must be on a leash. It is crucial that the owner be
42 provided an opportunity to appeal the designation to a quasi-judicial body that is
43 independent of Animal Control. The current Advisory Board certainly has the expertise
44 to serve as an appeal board but it is so intimately concerned with the inner workings
45 of Animal Control and its Director (and other personnel) that it simply cannot qualify
46 as an independent judicial body.
47 END.
48
49 Bonnie Hauser said it is hard to have an ordinance that satisfies both rural and urban
50 areas. She said direction is needed to get this on sound footing. She said this is not the time
16
1 to introduce changes or to increase the authority of Animal Services. She said this ordinance
2 does not accurately reflect the public's concerns. She discussed several examples of this.
3 She asked for a unified ordinance without changes and with assurance to the public that
4 there would be a transparent public process to change any ordinance. She said an
5 independent appeal process needs to be a priority. She said once an appeal process is in
6 place, then the other issues can be discussed.
7 Michelle Walker is the Vice Chair of the ASAB and is an attorney. She wanted to
8 address the appeals' process. She said this is a critical due process need that is supported by
9 state statutes for dangerous dogs. She said it is good to have the ASAB as the appeals' board,
10 because it is made up of Orange County residents from different backgrounds. She said the
11 board does not issue citations, so the people reviewing the decisions are not the same people
12 who made the original charge. She said there is an established process that it is working.
13 She said changes are sometimes necessary for operations and due process purposes.
14 She said the background behind the watchdog and trespass involved consideration of a lot of
15 scenarios. She said another way of describing this watchdog issue is to say that it creates an
16 exception that swallows the rule, as it means any dog that bites anyone on its property could be
17 considered a watchdog. She said the goal is to identify dogs that have bitten people without
18 provocation.
19 Don O'Leary said dogs have different personalities. He said micro-chipping of dogs has
20 statistically been shown to cause cancer, and he encouraged people to try to avoid chipping of
21 animals.
22 Chair Jacobs said Don O'Leary brought this up last time and he asked him to send his
23 citations to the county.
24 Kris Bergstrand noted that the health services director oversees quarantine of animals,
25 and not animal services.
26 Chair Jacobs referred to page 3 and noted that unless all of the Board approves this
27 ordinance, it will come back at the next meeting. He said it is not necessary to resolve all of the
28 issues tonight.
29 Commissioner Dorosin asked John Roberts for clarification on the approval process for
30 this ordinance
31 John Roberts said any ordinance that does not require a public hearing, is required to
32 have a unanimous vote to pass on the first meeting. Otherwise, it must come back to the
33 Board.
34 Commissioner Dorosin asked if the ordinance could pass without unanimous vote at a
35 subsequent meeting.
36 John Roberts said yes.
37 Commissioner McKee asked for clarification on Michelle Walker's comment regarding
38 lack of a due process for appeals.
39 Annette Moore said the state statute requires an appeal process for dangerous dogs;
40 she said the current ordinance does not have an appeal process.
41 Commissioner Price asked for clarification regarding the terminology of owner versus
42 keeper. She asked why it is required that someone over 18 be the person responsible for
43 caring for the animal.
44 Bob Marotto said experience shows that there will be some people who are keepers,
45 rather than designated owners. He said the keeper notion has some applications that can be
46 helpful, such as in transfers of ownership.
47 Annette Moore supported Bob Marotto's statement with past examples.
48 John Roberts referred back to Commissioner Dorosin's earlier question. He said if the
49 board votes on this tonight and it does not pass, it is defeated. However, if the Board votes
17
1 tonight and it passes without a unanimous vote, then it will need to come back for a second
2 reading, where it will only need a majority vote to pass.
3 He said if this is sent back with further changes and no vote, the vote at the next
4 meeting will still have to be unanimous.
5 Commissioner Dorosin referred to the watch dog issue. He noted that under current
6 ordinance, there is a blanket lack of liability for an owner if someone comes onto their land. He
7 said the concern of dog owners is that this will be turned 180 degrees to imply a strict liability if
8 the dog bites anyone. He said these are two extreme positions. He said the case of a break-in
9 is clear, but the case of a neighbor's child is not so clear.
10 He said he does not think the goal is to give land owners blanket liability, but to give
11 language that allows for a case by case analysis. He is not in favor of this "blanket immunity."
12 He said the purpose of the appeals process is to make case by case determinations.
13 Commissioner Dorosin said if the appeals process is honed, it is reasonable that it be
14 done with the ASAB. He said members of the public serve on this board and advice is available
15 from legal counsel. He said if this quasi-judicial process is implemented, this is the place to do
16 it.
17 Chair Jacobs noted that time is limited and it seems that Commissioner Dorosin has
18 brought up the issues that most Board members are concerned with - watch dog/trespassing
19 and the appeals process with the ASAB. He asked if these items could be discussed in order.
20 Commissioner Rich said she likes this idea. She agrees with Commissioner Dorosin on
21 the watch dog issue. She would like an expanded definition of a watch dog. She said she is in
22 the middle of the two extremes. She would like to find out what happens to that person in the
23 middle- the owner with the dog that doesn't normally bite and then does bite.
24 She said she would like to keep the ASAB as the appeals board.
25 Commissioner Pelissier said she agrees with the other Commissioners' comments. She
26 said taking out the watch dog definition will take out one of the extremes, as people will not be
27 able to excuse any aggression because their dog is a "watchdog." She said people are upset
28 that their dog may be deemed dangerous, when the only requirement is that residents put up
29 signs or fence the dog.
30 She said the ASAB will assess each case individually and will look at the whole situation.
31 She asked that the board look at how many cases have come under the new ordinance and
32 then assess how it is working with balancing people's right to have dogs.
33 Commissioner McKee said the wording will be hard to define. He said security dogs are
34 trained to attack. He said there are hundreds or thousands of dogs in the County that are kept
35 for the purpose of increasing a feeling of security; however, only a small percentage of those
36 dogs bite. He said the problem with taking out the definition of watch dog is that it only leaves
37 the option for people to spend thousands of dollars and increase their liability by having a
38 trained attack dog on their property. He said no dogs are allowed to run free, and these dogs
39 will have to be contained. He said he agrees that a middle ground needs to be found, but he
40 wants to keep the watch dog definition in there, with a way to define it.
41 Commissioner McKee said Durham County has a different solution for appeals. He said
42 their appeals board resides in the sheriff's office and is made up of three members of county
43 staff and two members of the general public. He is in favor of an independent appeals board.
44 He does not question any motives of the ASAB, but he feels that residents will be more
45 comfortable if these two boards are separate.
46 Commissioner Price echoed Commissioner McKee's comments. She said she would
47 like to keep the watch dog definition and come up with better definition of trespassing.
48 She said her concern about the appeals board is that the members should be vetted if
49 their responsibilities are to be expanded.
18
1 Commissioner Gordon said good points have been made regarding the two extremes
2 related to the watch dog definition. She thinks this issue should be addressed.
3 She feels the appeals process needs to be worked on, and there should be sworn
4 testimony. She has not made up her mind yet about who should be the appeals board, but she
5 does feel there should be work done on the definition of trespassing;
6 Chair Jacobs said he originally thought there should be another step between ASAB and
7 the courts, and he still thinks this is a possibility. He is comfortable with the ASAB hearing
8 appeals at the current time. He said he is also amenable to another step.
9 He said he is very uncomfortable with the issue of trespassing. He said there are very
10 few innocent trespassing incidents in the rural areas. He said, in the case of a trespassing child,
11 a parent should be in a position of supervision. He said there is a middle ground that needs to
12 be found.
13 He said there may not need to be a definition of a watchdog, but there needs to be
14 definition of an animal that is on its property minding its own business when a human comes on
15 to the property and is not minding their own business. He said things do not have to reach a
16 point of going so quickly from a benign situation to a quasi-judicial situation.
17 Commissioner Dorosin said the problem with the current definition of watch dog is that it
18 encompasses every single dog that exists. He does not see a way to make a separate
19 category.
20 He thinks that the idea of some intermediate step before the vicious dog determination
21 is a good one. He said all of the facts need to be looked at per case.
22 He said there is an implicit invitation to be solicited unless there is a sign that says
23 otherwise; and this is one reason why the appeals process is so important for providing a case
24 by case analysis.
25 Commissioner Pelissier said she feels the watch dog definition is useless. She asked
26 the attorney if there could be a different definition of trespassing.
27 John Roberts said the trespassing definition can be modified. He said the best idea is to
28 modify it to refer to the criminal trespass statutes, as provided in NC General Statute 14, article
29 22b. He said there are two different trespass statutes provided in that article; one would cover
30 someone who climbs over your fence, and the other would cover someone who comes onto or
31 stays on your property after being told to leave.
32 Commissioner Pelissier gave the example of someone being bitten by a dog when it
33 was not a case of trespass. She asked if this dog is automatically declared vicious if it is not
34 normally aggressive. She said this needs to be clearer.
35 Bob Marotto said there is a review process, and all circumstances are reviewed to see if
36 there is provocation. He said there are routine instances of this, and these are evaluated
37 individually.
38 Bob Marotto said the language regarding dangerous dogs is permissive and allows for
39 decisions by qualified staff, based on the facts of evidence.
40 Commissioner McKee said the general public identifies with the term watch dog. He
41 noted that dogs are not supposed to run free in Orange County. He said this ordinance shifts
42 responsibilities to the owner rather than to the person trespassing.
43 Commissioner Gordon thanked all the individuals who drafted the ordinance and she
44 recognized that it is a difficult task. She said there are certain basic aspects of the ordinance
45 that need to be addressed before the Board can effectively consider it. She said some of these
46 issues have already been discussed, and noted two specific issues, as follows:
47 • Use of the word "injury" on page 28 and page 30 —The definitions of"injury" (page 28)
48 and "severe injury" (page 30) need to be revised.
49 • Lack of clarity in wording on page 42, section 4-43, regarding Impoundment. The
50 paragraph beginning "Any animal found at large..." needs to be revised.
19
1 Commissioner Gordon recommended that the Board ask ASAB and staff to look at the
2 substantive issues. She said there are fundamental issues that need to be addressed, along
3 with consideration of written comments from the Board of County Commissioners and the
4 public. She suggested there should be no vote tonight, and that staff should bring the
5 ordinance back for first reading, with the proposed revisions.
6 Commissioner Gordon said she has one other issue. She questioned why there is a
7 difference between dogs and other animals, and she referred to pages 45 and 47.
8 Commissioner Gordon said staff needs to go through and deal with the internal
9 inconsistencies in the ordinance, and then deal with the substantive issues.
10 She said she has read through all of this, and she realizes that it is very difficult to
11 merge three different ordinances.
12 Chair Jacobs referred to page 49 and said the section on the appeals process should
13 say "5 working days" rather than "five days."
14 He referred to the language on page 42 regarding animals put to death. He said there
15 should be language noting that the owner be notified to be made aware of what has happened.
16 Chair Jacobs said he would rather not assume that the planning department has
17 approved the fire standards of kennels and facilities. He would rather the Animal Services go
18 back and find this information and bring it back to the Board.
19 Chair Jacobs reviewed the following list:
20 Main issues:
21
22 • General comfort level of ASAB being part of appeals process — Is there need for an
23 intermediate step?
24 • Watch dog issue- Is it too extreme? Can the term be related to trespassing?
25 • Term of trespassing —This needs to be addressed and clarified.
26 • Dog bites — How are these regarded? Is there another mechanism of punishment to be
27 considered for the owner, if not the animal?
28 • Notes and suggestions — Board members and staff are directed to give hand written
29 notes and suggestions to the board.
30
31 Chair Jacobs suggested staff address the main sticking points, and bring this back in
32 two weeks or however long it takes to satisfy the majority of the Board.
33 Annette Moore referred to Commissioner Gordon's question about the definition section.
34 She said a lot of these definitions come directly from state statutes, and efforts were being
35 made to conform to these. She asked if this was a request to change that language.
36 Chair Jacobs said if the statutes seem contradictory then that should be indicated, and
37 there should be some clarifying language to bridge what makes sense and what the statutes
38 say.
39 Commissioner Gordon said some of the definitions used in the ordinance do not
40 conform to established factors. She said some of these things are common sense issues, such
41 as the idea that "injury" should be less severe than "severe injury." She said a key provision to
42 the whole ordinance is the issue of injury, and this definition must be addressed.
43 Commissioner Price said the definition of wild animals needs to be clarified. She said
44 there also needs to be a limit for cold weather as it relates to animal cruelty.
45 Commissioner Pelissier said she is concerned that the Board is not giving clear direction
46 for the watch dog issue.
47 Chair Jacobs said the Board is not clear on that point, and that is why there is a request
48 for more clarity from the experts.
20
1 A motion was made by Commissioner Price, seconded by Commissioner McKee to table
2 this item for staff/ASAB to have time to review proposed suggestions from the Board and
3 provide responses to Board concerns.
4 Commissioner Gordon asked John Roberts if this motion is acceptable.
5 John Roberts said yes.
6 Commissioner McKee suggested that Professor Wall from the School of Government
7 might be made available to provide more direction.
8 Commissioner Gordon asked how the Commissioners can provide additional written
9 comments.
10 Michael Talbert said any written comments should be sent to the Manager's office.
11
12 VOTE: UNANIMOUS
13
14 b. Orange County Volunteer Application-Proposed Revisions
15 The Board considered proposed revisions to the Orange County Volunteer Application
16 for boards and commissions. A committee including Commissioner Gordon, Commissioner
17 Pelissier and Clerk to the Board Donna Baker had been charged by the Board to bring back
18 recommendations for Board consideration.
19 Commissioner Pelissier said she petitioned the Board in the spring to bring this forth to
20 add additional questions for particular boards. She said, for each of these five boards there
21 were some suggested additions. She talked with some board members and Donna Baker did a
22 survey of other boards and commissions.
23 She noted that there was an additional question suggested, outside of the charge. She
24 said this is included in the packet.
25 Commissioner Gordon said Donna Baker provided examples from other governmental
26 entities in the region and out of state.
27 She said the main discussion should be regarding the additional questions for the
28 selected boards.
29 Commissioner Price had concerns about the questions. She asked for an explanation
30 of the goal or purpose of these additional questions. She liked the four basic questions, but
31 she said she does not understand the need for some of the others.
32 She said the question regarding gender and ethnicity should be optional.
33 She said the term "domicile" is a bit ambiguous.
34 She asked if someone would be disqualified over the question of tax issues.
35 Donna Baker noted that these were questions that were suggested by a past Board of
36 County Commissioners.
37 Chair Jacobs said the Board should try to keep the discussion limited to pages 2, 3, and
38 4.
39 Commissioner Dorosin said he thinks the general question, regarding reasons for
40 serving on the board, is a good one. He is not in favor of making it more difficult for people to
41 get on these boards, and he feels that what the County currently uses is legitimate. He said he
42 is not in favor of any additional questions.
43 Commissioner McKee said he wants to see what people hope to accomplish on a board
44 and what their view is of Orange County's direction. He said this discussion is not about all
45 boards, but is only about the statutory and quasi-judicial boards. He wants to know something
46 about the people appointed to these boards.
47 Commissioner Rich said she likes some of the additional questions, such as the one for
48 OWASA, since she is more familiar with this board. She said she wants to know that an
49 applicant actually knows what OWASA does. She wants people appointed to the board to be
21
1 people that really want to know about the board and the issues. She feels that more
2 information is better.
3 Chair Jacobs said the conflict of interest question should be on every board. He said
4 this also gives another way of seeing if people understand the function of a board.
5 Chair Jacobs suggested asking applicants to list their preferences for serving on boards.
6 in order of priority
7 Chair Jacobs said he does not want these questions to be too onerous. He suggested
8 that comments be limited to 100 words or something brief, in order to encourage simplicity
9 Commissioner Price said some of these questions are too involved. She was on the
10 Board of Adjustment (BOA). She said it wasn't possible to get into the goals and priorities of
11 the Board of County Commissioners. She would rather know someone's expertise.
12 Commissioner Pelissier agreed with Commissioner Price about the BOA. She said
13 some of the questions are geared toward making sure the applicants know what kind of board
14 they are getting on.
15 Commissioner Dorosin said the conflict of interest question is too broad and has a legal
16 connotation. He said it may not be productive or useful. He said the only criteria should be that
17 applicants are residents who want to be involved and want to serve.
18 Commissioner Rich asked if there is other wording that could be used for the conflict of
19 interest question.
20 Commissioner Dorosin said he does not think so. He said most people will gravitate to
21 boards that are related to their expertise and interest.
22 Donna Baker said the Code of Ethics includes a conflict of interest clause, and this may
23 be duplication.
24 Chair Jacobs asked if this can be simplified.
25 The committee will consider the comments made by the Board, and recommend
26 appropriate changes and then this item will come back for action at a future Board meeting.
27
28 8. Reports
29 None
30
31 9. County Manager's Report
32 Michael Talbert said the County is moving forward with Hi Chew and Morinaga of
33 America. He said there will be two public hearings at the next meeting and the groundbreaking
34 is planned for March or April of 2014.
35
36 10. County Attorney's Report
37 None
38
39 11. Appointments
40
41 a. Appointments to the Assessment of Jail Alternatives Work Group
42 The Board considered making/confirming appointments to the Assessment of Jail
43 Alternatives Work Group.
44 Commissioner Gordon asked about the two Judge nominees for position number 1.
45 Donna Baker said these applicants would work together and alternate in the position, as
46 court schedules allow.
47 Commissioner Rich asked if the appointee for position number 10 was the only person
48 to fill this position. She noted the issues with Cardinal Healthcare.
49 Commissioner Dorosin said he would like to see someone else in that position, but he
50 would defer to the Department of Health.
22
1 Commissioner Pelissier noted that Debra Farrington was on staff with OPC when she
2 was on the board. She said she feels comfortable with Debra Farrington in this position.
3 Commissioner Price asked if any of the appointees are connected with the Latino
4 Community.
5 Donna Baker said many of these appointees were suggested by other entities.
6 Commissioner Price said she is just looking for more diversity.
7 Chair Jacobs said the answer may be no and this is beyond the Board's control.
8
9 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
10 confirm the appointments to the Assessment of Jail Alternatives Work Group.
11
12 VOTE: UNANIMOUS
13
14 b. Chapel Hill Library Board of Trustees
15 The Board considered making an appointment to the Chapel Hill Library Board of
16 Trustees.
17 Chair Jacobs said the Library Board recommended a person who has already served
18 the limit of two full terms. He suggested that this spot be advertised.
19 Donna Baker said this has been advertised throughout the summer.
20
21 A motion was made by Commissioner Price, seconded by Commissioner Dorosin to
22 appoint James Stroud to the Orange County position on the Chapel Hill Library Board of
23 Trustees.
24
25 Commissioner McKee said he feels it would be a good idea to have a County
26 Commissioner appointed to this board, given the amount of money contributed to the Chapel
27 Hill Library. He said he would be interested in serving on this board.
28 Chair Jacobs said he does not want to appoint someone who does not know the history
29 of library relations between the Town of Chapel Hill and Orange County. He said he does not
30 know James Stround, and this is a very important position.
31 Commissioner Gordon suggested that the position be re-advertised.
32 Commissioner Dorosin said he would like for James Stround to be considered, because
33 he is a member of the Rogers Road community and would bring diversity to board. He noted
34 that James Stroud has lived in Orange County since 1955 and has knowledge of the County's
35 history.
36 He suggested the appointment be made, followed by the briefing requested by Chair
37 Jacobs.
38 Commissioner Rich said it really is important to understand the issues and conflicts, but
39 she would like to talk with the nominee before appointing him.
40 Commissioner Price said this is an advisory board, and it is good to have someone with
41 experience, but it is also good to have someone with interest. She said she does not see the
42 major concern.
43 Commissioner Pelissier suggested that possibly she and Chair Jacobs could meet with
44 James Stroud and the library director. She said it would also be good for him to have a
45 conversation with Orange County library staff if he is appointed.
46 Commissioner Price asked why the Board is doing this with this applicant and not with
47 other applicants.
48 Commissioner Pelissier said this would be like an orientation and would occur after the
49 appointment, not before.
23
1 Chair Jacobs said that the same person had represented that board for 8 years, and the
2 relationships and stakes have changed considerably in that time. He said Orange County has
3 specific interests with this Board.
4 Commissioner McKee's said his suggestion does not need to rest on just himself. He
5 said it could be any commissioner. He said his suggestion was based on the fact that the
6 County contributes heavily to the library and there has been some dissention over issues. He
7 feels it would be advantageous to have a direct link.
8
9 VOTE: 5-2 (Ayes, 5; Nays, 2 - Commissioner McKee and Commissioner Gordon)
10
11 c. Orange County Housing Authority
12 The Board considered making appointments to the Orange County Housing Authority.
13
14 A motion was made by, Chair Jacobs, seconded by Commissioner Price to appoint
15 Tammy Jacobs and Britney Walden to the Orange County Housing Authority.
16
17 VOTE: UNANIMOUS
18
19 12. Board Comments
20 Commissioner Rich — none
21 Commissioner Dorosin — none
22 Commissioner Price — none
23 Commissioner Gordon — none
24 Commissioner McKee— none
25
26 Commissioner Pelissier said that Triangle Transit is getting monthly updates on the light
27 rail project, and all of the agency comments that were made in the draft environmental impact
28 statement are being addressed.
29 Commissioner Pelissier said earlier this spring she made a petition regarding
30 Agricultural Support Enterprises to also include arts and culture. She said, at the last QPH, she
31 noted that there was nothing related to arts and culture. She referred back to the minutes from
32 the May 14 meeting and realized that the minutes are not very clear about the Board's intention
33 and direction for staff regarding arts and culture. She has talked to several Board members
34 and their understanding was that it was requested that arts and culture should be included.
35 She wants to make sure staff has clear direction.
36 Chair Jacobs said it would be helpful to have a verbatim transcript of these minutes.
37 Donna Baker said she could provide the verbatim minutes of this section of the
38 discussion from the May 14th BOCC work session for clarification to Board members and staff.
39 Chair Jacobs asked Commissioner Pelissier to update the public on Project Connect,
40 which will be happening on October 10th
41 Commissioner Pelissier said she would encourage people to volunteer for Project
42 Connect. She said this is a great opportunity to get a first hand understanding of what is
43 happening in the community with the people who are homeless or at risk of becoming
44 homeless. She said donations are also welcomed, as Project Connect does not use County
45 money and is funded through donations and run by volunteers.
46
47 13. Information Items
48
49 e September 17, 2013 BOCC Meeting Follow-up Actions List
50 e Tax Collector's Report— Numerical Analysis
24
1 BOCC Chair Letter Regarding Petitions from September 17, 2013 Regular Meeting
2
3 14. Closed Session
4 NONE
5
6 15. Adjournment
7 A motion was made by Commissioner Gordon, seconded by Commissioner Dorosin to
8 adjourn the meeting at 10:34pm.
9
10 VOTE: UNANIMOUS
11
12 Barry Jacobs, Chair
13
14
15 Donna Baker
16 Clerk to the Board
17
1
1 Attachment 2
2
3 DRAFT MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 JOINT MEETING WITH BOARD OF HEALTH
6 October 8, 2013
7 5:30 p.m.
8
9 The Orange County Board of Commissioners met for a joint meeting with the Board of
10 Health on Tuesday, October 8, 2013 at 5:30 p.m. at the Link Government Services Center, in
11 Hillsborough, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
14 Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
15 COUNTY COMMISSIONERS ABSENT:
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County
18 Managers Clarence Grier, Cheryl Young and Deputy Clerk to the Board David Hunt (All other
19 staff members will be identified appropriately below)
20
21 Chair Jacobs called the meeting to order.
22 1. Welcome from the Chairs
23 Chair Jacobs welcomed everyone.
24 Board of Health Chair, Matthew Kelm expressed appreciation for the Commissioners'
25 time.
26 Introductions were made.
27
28 2. Health Department's Major Accomplishments
29 Colleen Bridger presented the following PowerPoint slides:
30
31 Board of County Commissioners & Board of Health
32 2013 Joint Meeting
33•
34 Our Vision
35 - Innovation
36 - High Quality
37 - Efficient
38 - Customer Centered
39•
40 Expansion of Services
41 Breast and Cancer Services
42 275 people will be able to receive services
43 - Clinical Breast Exams
44 - Mammograms
45 - Pap Test
46 - Diagnostic testing if results are abnormal
47
48 Outbreak Management (Chart)
49
2
1 Data Driven (Chart)
2
3 Electronic Medical Records
4 Efficiency - Accuracy- Integrated between clinic locations - Saves $ - Improves access to data -
5 Environmentally friendly
6 (Chart)
8 Outreach & Education (photos)
9
10 Outreach & Education (Website photos)
11
12 Colleen Bridger said the Health Department staff recently went through a visioning
13 retreat after finishing several major projects. She noted the tremendous influx of new staff and
14 the need to think about where the department wanted to go.
15 She discussed some of the recent accomplishments of the department.
16 She said two grants have been received for expansion of breast and cervical cancer
17 services. She noted that Orange County falls below the state average in breast cancer
18 diagnoses.
19 She said Orange County had the highest number of measles outbreaks in the state, and
20 she outlined the difference between isolation and quarantine - isolation cases are already ill;
21 and quarantine cases are not ill, but have been exposed to the illness.
22
23 BOH member Corey Davis arrived at 5:50.
24
25 Commissioner Rich asked how the board knows that quarantined people stay in their
26 homes.
27 Colleen Bridger said staff checks on them daily. She said most are children who were
28 exposed in school.
29 Commissioner Rich asked if there had been any issue with low income needing support.
30 Colleen Bridger said that had not been the case with this outbreak.
31 Commissioner Price asked where people go during isolation.
32 Colleen Bridger said the people under isolation actually had the illness, and had
33 symptoms, so they were usually already in bed. She said the quarantined people had been
34 exposed to measles and were not vaccinated.
35 Commissioner Dorosin asked if this was a result of the anti-vaccine movement.
36 Colleen Bridger said many of these parents decided not to vaccinate their children as a
37 result of the anti-vaccine movement. She noted that this movement was initiated by poor
38 research and has developed a life of its own, despite reputable medical research to dispute the
39 myth that vaccines cause autism.
40 Colleen Bridger said people claim religious exemption, and this is a legal challenge.
41 BOH Member Paul Chelminski said vaccine intervention actually saves money for
42 society.
43 Colleen Bridger said the Health Department is here to respond to cases like this and to
44 prevent exposure. She said this was done successfully in this case.
45 Commissioner Rich clarified that one of these cases went to a doctor and then the
46 doctor reported it to the health department.
47 Colleen Bridger said the board contacted parents and provided guidance before the
48 children became symptomatic, which helped limit exposure.
49 Commissioner Rich asked about the specific location of the cases
50 Colleen Bridger said she did not know.
3
1 Commissioner Pelissier said she recalled that most cases were at one particular school.
2 Colleen Bridger said most cases were probably at the Emerson Waldorf School, which
3 has a high percentage of unvaccinated children. She said many people were vaccinated after
4 this outbreak.
5 Paul Chelminski said these children are not out of the woods yet, as there is a potential
6 fatal reactivation of measles that can occur decades later.
7 Commissioner Price asked if the health department approaches the school to make
8 contact with parents when there is knowledge of a child with an illness.
9 Colleen Bridger said each situation is different. She said contact is made with the
10 school to get the immunization records of each child that came in contact with the affected
11 person. She said contact is made with the parents of any unimmunized child.
12 She said a letter is also sent to each classroom, as well as bus riders, afterschool
13 programs and church groups. She said it is quite a complicated process.
14 Commissioner Price asked which staff members do that work.
15 Colleen Bridger said this is primarily done by nurses, sometimes paired with staff
16 persons.
17
18 Commissioner Gordon arrived at 5:58.
19
20 Colleen Bridger noted that the Orange County Health Department was given an award
21 for the best outbreak response.
22 Colleen Bridger said decisions of the Health Department are data driven and multi-
23 faceted. She said dashboards have been created for each of the board's three priorities —
24 access to care, substance abuse and mental health, and childhood obesity. She said this will
25 allow tracking of progress in each of these areas.
26 She said the Health Department is also developing management dashboards internally
27 for different departments, such as billing and appointments.
28 She said the Patagonia rollout is moving forward. She said the current focus is on the
29 electronic medical record piece. She said this is helping the department take better care of
30 patients and make better decisions about the allocation of resources.
31 She said Public Health has an annual THield" trip centered on Outreach and Education,
32 and students from the school of Public Health are brought to Hillsborough. She said this year's
33 group had 45 students, and staff worked hard to help them understand real world Public Health.
34 Colleen Bridger said videos have been created to tell the story of the Health
35 Department. She showed a video created by staff.
36 She showed a second video created by high school students in response to a peer
37 education program supported by Health Department grant funds. She said the purpose of this
38 was to improve HPV vaccinations among students.
39 She said, as a result of this campaign, there were 24 students who received the first of a
40 series of three vaccinations. She said half of these were male.
41 She passed out fliers regarding drug drop off boxes.
42
43 3. Board of Health's Strategic Plan Progress
44
45 Matthew Kelm reviewed the following slides:
46
47 Board of Health
48 Strategic Plan 2012-2014
49
50 Priority Areas (Graphic)
4
1 Community Health Assessment + Evidence Base
2 - Access to Care
3 - Substance Abuse & Mental Health
4 - Childhood & Family Obesity
5
6 Evidence Based Decisions (flowchart)
7
8 Access to Care
9 Specifically:
10 • Lack of awareness of existing resources
11 • Low Health Literacy
12 • Sporadic availability transportation to health care
13
14 - Catalyze partnerships in Orange County
15 - Advocate for and communicate about effective interventions
16 - Encourage innovation at the OCHD
17
18 Access to Care
19• Exploring the link between health and access to transportation
20• Pursuing OCHD representation on a transit board
21•
22 Access to Care
23 Innovations Grant
24 • 2013 Grant cycle near complete
25 • 2013 Grants
26 - EHR Integrated Medical Equipment
27 - OCHD Media Resources
28 - Childhood Lead Poisoning Prevention
29 - Tobacco Cessation for County Employees
30 Wide Angle Lens
31 • Advocacy training for framing children's mental health issues
32 - Part I — Fall 2012
33 - Part 2—January 2013
34
35 Access to Care
36• - Creating Health Literacy Policy for OCHD, with national expert at UNC-CH
37• - Health Literacy Policy as eventual model for OC organizations
38•
39 Looking Forward (timeline)
40
41 Matthew Kelm said evidence based strategies ensure that the department is using
42 finances and community resources as efficiently as possible. He used the example of
43 childhood obesity interventions, which began as 24 strategies that were then narrowed down to
44 the 5 that were the best fit for the County. He said 1 out of 4 County residents in the community
45 health assessment were uncomfortable speaking with their physician.
46 He said physical access to healthcare is a subject of sporadic availability due to
47 transportation. He said access to care is a wide category with 5 parts, or 5 A's. These are:
48 availability, affordability, accessibility, acceptability, and accommodation.
49 He said that one focus of increasing access to care is examining transportation in the
50 County. He reviewed a map developed by staff that depicts the location of medical facilities,
5
1 transportation routes and household access to personal vehicles. He said staff is seeking
2 representation on the transit board.
3 He reviewed the slide information on innovation grants
4 Commissioner Dorosin asked if these are grants given internally to employees of the
5 Health Department.
6 Matthew Kelm said yes
7 He said the second innovative thing done by the Health department was wide angle lens
8 training, which teaches effective framing for public health issues.
9 He defined health literacy as a person's ability to understand health related information,
10 instructions and decisions. He said the goal is to pass a health literacy policy in October and to
11 present data on transportation and health to the Board in March of 2014.
12 He reviewed the timeline slide and invited questions from the Board.
13 Commissioner Gordon asked about complete streets and also transportation and land
14 use planning.
15 Matthew Kelm said data is being looked at to determine existing opportunities. He said
16 someone visited from the planning department to give a primer on complete streets.
17
18 Susan Elmore reviewed the following slides on childhood and family obesity:
19 Childhood & Family Obesity
20 • Obesity continues to be top health concern in Orange County
21 • Primary prevention by working with children and their families is most effective
22
23 - Catalyze partnerships in Orange County
24 - Identify strategies proven to work
25 - Advocate to make the healthy choice the easy choice
26
27 Childhood & Family Obesity
28 Orange County Sportsplex
29 - Work will serve as model for improving food policies at child centered facilities
30
31 • Partnership led to:
32 - Nutritional assessment of all foods sold, with plan for improvements
33 - Removed fried food from camp lunches
34 - Provided over 700 healthy lunches to summer camps
35 • Biggest Nutritional issue was fried food
36 - Exploring replacement of fryer with convection oven.
37
38 Looking Forward (timeline)
39
40 Susan Elmore said less than 50% of the adults in Orange County get the recommended
41 amount of daily exercise, and less than 50% of the adults in Orange County are considered to
42 be of healthy weight.
43
44 Susan Elmore discussed the slide on the successful partnership with the Orange County
45 Sportsplex. She said the hope is that this partnership will serve as a model for improving food
46 policies at other child centered facilities.
47 She reviewed the following priorities in the "looking forward" timeline: Advocate for an
48 afterschool physical activity policy this fall; Identify lactation rooms at the Orange County Health
49 Department clinics in early 2014; Promote child care obesity prevention curriculum in spring of
50 2014; Evaluate Progress made at the Sportsplex in summer 2014.
6
1 Commissioner Price said she is glad to see the partnership with the Sportsplex. She
2 asked about the number of children reached here.
3 Susan Elmore said this was just one example of a partnership, but there are others.
4 Colleen Bridger said the purpose was to show that this could be done before spreading
5 the message broadly. She said implementation concerns have now been worked through.
6 Commissioner Price asked about the relationship with the schools.
7 Colleen Bridger said the school lunches are relatively healthy, as this is overseen by the
8 federal and state agencies. She said the primary focus in schools is physical activity. She said
9 there is more and more research to show that children do better in school when they are
10 physically active.
11
12 Tony Whitaker reviewed the following slides regarding substance abuse and mental
13 health:
14 Substance Abuse & Mental Health
15 • Health concerns range from second hand smoke to the increasing rates of overdose in
16 North Carolina
17 • Complex issues with far-reaching health and economic impacts
18 • Current state and national focus on parity and integration of mental health and
19 substance abuse services
20
21 - Review smoking policies for expansion
22 - Advocate for mental health and substance abuse treatment
23 - Explore integration of mental health and primary care
24
25 SFPP Community Engagement (Photos)
26 Stakeholders' voices heard during passage of rule, and to inform messaging and strategy to
27 date.
28•
29 Smoke-Free Public Places
30 Communication
31 • 9,711,652 Impressions
32 • 550 Signs posted
33 Cessation
34 • 74 OC Quit line participants
35 • 25 Cessation class participants
36 Nicotine Replacement Therapy
37 • 209 boxes of NRT distributed thanks to funding from the OC BOCC
38
39 Substance Abuse & Mental Health
40 Spotlight Series
41 October 23rd
42 "New Opportunities in Substance Abuse Treatment
43 & the Legal System"
44
45 Nov 20th
46 "Diverse Perspectives on the Need and Success
47 of Integrative Healthcare"
48
49 Substance Abuse & Mental Health
50• - Promotion of recent legislative changes and system to track prescriptions
7
1• - Expand distribution of Naloxone, a medication that safely and quickly reverses opioid
2 overdose
3• - Healthy Carolinians of Orange County promoting "on the ground" community efforts
4 Project Lazarus (graphic)
5
6 Looking Forward (timeline)
7
8 Tony Whitaker said a committee has been formed to look at the topic of substance
9 abuse and mental health. He said these topics have been combined because they are so
10 closely related.
11 He said there has been a lot of discussion of innovation tonight, but not all innovation is
12 high visibility. He said the Board of Health reorganized the standard committees to represent
13 the board's points of focus.
14 He said the Smoke Free Public Places (SFPP) initiative was one of the most successful
15 accomplishments of this past year. He said public input was valuable in tailoring the rule that
16 was eventually adopted.
17 He noted that the 550 signs posted for this initiative were covered by the funding
18 received.
19 Commissioner Rich asked about the cessation class.
20 Colleen Bridger said the "Fresh Start" model is used, and this involves a four session
21 class. Each class is facilitated by a trained educator. She said the class teaches people how to
22 quit smoking, set goals and create coping mechanisms.
23 Commissioner Rich asked if this has been successful.
24 Colleen Bridger said this is being evaluated. She said typically less than half of those
25 who try to quit smoking are successful. She said the rates are a little higher than that on the
26 initial evaluations. She is not comfortable publishing this information until 6-12 months after the
27 classes.
28 Tony Whitaker said nicotine replacement therapy kits have also been distributed, and he
29 thanked the Board for funding this.
30 He said the focus has now been shifted to a substance abuse and mental health
31 evaluation. He reviewed upcoming sessions happening on October 23, and November 20tH
32 and he invited Board members to attend.
33 He noted that Project Lazarus is an intervention model that has been used successfully
34 in Wilkes County. He said there are a number of different strategies that are community based,
35 education based and policy based. He said Healthy Carolinians has already begun community
36 and educational strategies, including installation of prescription drug boxes at three police
37 departments in the County.
38 He said Healthy Carolinians has received grant money to continue this work, and the
39 Board of Health is working with them to look at how to do more at a policy level.
40 Tony Whitaker said there are several coalition building efforts in the works for the future.
41
42 4. Affordable Care Act Marketplace Status
43 Colleen Bridger noted the flyer included in the abstract, which reviews information on the
44 Affordable Care Act.
45 She said her focus tonight is on how to work together as a community to get as many
46 people as possible enrolled in the marketplace. She said the first part of this process is letting
47 people know about it.
48 She said there is a national organization called Enroll America that has deployed workers
49 to states with the highest number of uninsured residents. She said North Carolina is one of those
50 states. She said there are volunteers being mobilized to go door to door to answer general
8
1 questions about the marketplace. She said Orange County is working closely with this
2 organization.
3 She said people reach a point of needing assistance enrolling in the marketplace. She
4 said many of these people haven't had health insurance in several years, and there is a lack of
5 knowledge of the terminology, as well as a lack of access to computers.
6 She said people connected to the Health Department, Social Services, the Department on
7 Aging, Planned Parenthood, Piedmont Health Services, or the hospital can go to one of those
8 agencies to receive assistance from a certified counselor.
9 Colleen Bridger said residents not already affiliated with any of these agencies can be
10 served by another coalition of folks from Piedmont Health Services, or by the coalition led by
11 CCNC. She said there is a toll free number for people to call to speak with a trained specialist.
12 She said there are people out there putting this information out there.
13 She asked the Board to help spread the word that people do not have to enroll in October.
14
15 Commissioner Gordon asked what efforts are being made to enroll 18-24 year olds.
16 Colleen Bridger said there were discussions in the beginning about targeting specific
17 population groups, but efforts have now turned more to a blanketing approach for everyone. She
18 said this can be adjusted if there appear to be gaps.
19 Commissioner Gordon said, after the blanket approach, there are different communication
20 methods that can be used to target different groups. She feels that there needs to be a
21 communication strategy.
22 Colleen Bridger said the communications piece is a Federal program. She said Enroll
23 America is providing a booster to that message and Orange County is providing assistance with
24 actually filling out the forms. She said people in that age group are much more likely to be able to
25 fill out those forms, but there is help available for choosing a plan. She said the County is taking
26 its lead from the federal government on getting the message out.
27 Commissioner Gordon asked who is getting the flyer.
28 Colleen Bridger said this is being given out at the health department.
29 Commissioner Gordon said that there should be a more comprehensive communications
30 strategy.
31 Colleen Bridger said the County needs to target the information, but the lead is taken from
32 the federal government.
33 Commissioner McKee said he has been to several events where this has been discussed,
34 and he warned that the program may have a bumpy start. He said he has directed people to the
35 Health Department for help with computer access and use.
36 He feels that a lot of the people who do not have health insurance are clients of county
37 organizations. He hopes the County can put out some press releases to get the word out
38 directing residents to the right organizations.
39 Colleen Bridger said there are letters and flyers being mailed and other agencies are doing
40 the same thing.
41 Chair Jacobs noted that the website is misspelled.
42 Commissioner Pelissier said that this dashboard technology falls in line with the
43 discussions on the strategic plan.
44 Commissioner Price asked if schools are tied into the electronic health records.
45 Colleen Bridger said there is only access to the immunization registry.
46 Commissioner Price asked if at risk students can be indentified in the case of an outbreak.
47 Colleen Bridger said this would only be possible if physicians enter the information into the
48 immunization registry.
49 Commissioner Price asked why breast cancer is so high in this County.
9
1 Colleen Bridger said the incidence rate is higher than the state, but mortality is also higher
2 than the state average and this is age adjusted data. She said this means it cannot be attributed
3 to overpopulation. She said there is no good explanation, but the solution is better screening.
4 Commissioner Rich asked if there is any ethnic data.
5 Colleen said the incidence is more prevalent in African Americans. She said screening
6 activities are targeted to African American churches.
7 Commissioner Dorosin said he would like to see more attention focused on child poverty in
8 the County. He asked for feedback on what else ought to be done.
9 He asked if there was anything that the Health Department would like to request from the
10 Board.
11 Colleen Bridger said more funding would be helpful.
12 She said one of the dashboards being worked on is "Social Determinants of Health". She
13 said poverty is a big indicator for all of the priority issues. She said there needs to be a better
14 understanding of the pockets of poverty in the County. She said this will allow greater focus for
15 the interventions.
16 She said the other initiative is to continue to invest in education, which is the solution to
17 pulling people out of poverty.
18 Commissioner Dorosin said he is thinking about the needs of children even before they
19 reach public school. He feels there needs to be more early intervention.
20 Colleen Bridger said the first five years are critical. She said it might be interesting to
21 delve into the brain development in the first five years, to further understand the importance of
22 investing in that age.
23 She said that her answer to Commissioner Dorosin's question is that the Board of Health
24 would like to better integrate health into things like planning and transportation. She said help is
25 needed from the Board in order to move forward with becoming more involved in this
26 conversation. She said more money would also be great.
27 Commissioner Dorosin asked if there were more money, would you be doing more of the
28 same thing to a larger number of people, or if it would mean expanding priorities.
29 Colleen Bridger said the department would expand their priorities.
30 Corey Davis said there is a huge list.
31 Commissioner Dorosin said he is interested in seeing that list.
32 Matthew Kelm said one of the intervention ideas came from working with environmental
33 health. He said this led to a realization that there could be more done to educate families about
34 lead in the water.
35 Colleen Bridger said the department was very appreciative of the additional funding for this
36 year.
37 Commissioner Pelissier referred to the comment on transportation and health. She said
38 the Master Aging Plan committee is always talking about transportation for the aging population.
39 She said it would be good to collaborate with other departments, such as the Department
40 on Aging.
41 Colleen Bridger said she would make sure this is on the radar screen.
42
43 With no further business, the meeting was adjourned at 6:57 pm.
44
45 Barry Jacobs, Chair
46
47
48 David Hunt
49 Deputy Clerk to the Board
50
10
1
1
I Attachment 3
2
3 EXCERPT FROM DRAFT MINUTES —ITEMS 5a and 5b--DECEMBER 2, 2013 BOCC
4 MEETING (TIME SENSITIVE)
5
6 DRAFT MINUTES
7 BOARD OF COMMISSIONERS
8 REGULAR MEETING
9 December 2, 2013
10 7:00 p.m.
11
12 The Orange County Board of Commissioners met in regular session on Monday,
13 December 2, 2013 at 7:00 p.m. at the DSS offices, in Hillsborough, N.C.
14
15 COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin,
16 Alice M. Gordon, Barry Jacobs, Earl McKee, Bernadette Pelissier, Renee Price, Rich
17 COUNTY COMMISSIONERS ABSENT:
18 COUNTY ATTORNEYS PRESENT: John Roberts
19 COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County
20 Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff
21 members will be identified appropriately below)
22 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
23 AGENDA FILE IN THE CLERK'S OFFICE.
24
25 5. Public Hearings
26
27 a. Community Development Block Grant (CDBG) Program — Economic Recovery
28 Program
29 The Board conducted a public hearing to receive public comments prior to official close-out of
30 the County's FY 2010 Community Development Block Grant (CDBG) Economic Recovery
31 Program and authorized execution of the Certificate of Completion by the Chair of the Board of
32 County Commissioners.
33
34 Tara Fikes said the purpose of this meeting tonight is to conduct a public hearing to receive
35 public comments prior to official close-out of the County's FY 2010 Community Development
36 Block Grant (CDBG) Economic Recovery Program and authorize execution of the Certificate of
37 Completion by the Chair of the Board of County Commissioners. Tara Fikes said in February
38 2011, Orange County was officially awarded a $500,000 Community Development Block Grant
39 (CDBG) from the N.C. Department of Commerce for an Economic Recovery Program. Funds
40 from this grant were intended to be used to repair eight (8) deteriorated housing units,
41 reconstruct one (1) dwelling unit and provide urgent repair assistance for an additional 15
42 dwelling units in the County.
43
44 She said all CDBG activities have now been completed and eight (8) homes were substantially
45 rehabilitated and 15 dwelling units received urgent repair assistance. The targeted home for
46 reconstruction activity was not completed due to the owner's reluctance to participate in the
47 program. A summary of the program beneficiaries is in their agenda packet. In order to
48 complete the grant close-out process, the N.C. Department of Commerce requires that a public
49 hearing be held prior to the official closeout of the Economic Recovery Program to assess the
50 performance of the County in administering the grant program. In addition, the County is
51 required to execute the Certificate of Completion form.
2
1
2 Tara Fikes said this grant provided $500,000 in the community for this grant program.
3 She said a total of$484,000 was expended for this program, leaving $16,000 that was
4 associated with clearance and relocation costs for the home that withdrew from the program.
5 Thus, $16,000 from this program will be retained by the State Community Development
6 Program.
7 Commissioner Pelissier asked that on targeted homes for reconstruction that did not participate
8 –was there a listing of back up homes.
9
10 Tara Fikes said there were backup homes and they did use funding to repair another
11 home. They were not able to re-program the other funds.
12
13 Commissioner Dorosin said in the future that he would like to see if staff could list all properties
14 that were rehabilitated and as well as the homes that are listed for urgent repairs.
15
16 Commissioner Dorosin said that the house that chose not to not participate in the program was
17 slated for reconstruction—what will happen to that house now.
18
19 Tara Fikes said a family lives there now and they have been working with some church groups
20 that are trying to help with some of the most urgent needs and repairs.
21
22 Commissioner Dorosin said of the 8 homes listed, how were these homes chosen.
23
24 Tara Fikes said at the time of the application process, they had to list the homes in need and
25 they had 8 homes plus an alternate list of about 6 other homes. They do have a waiting list of
26 about 20 homes that are in need of repair and her department normally maintains a list.
27
28
29 NO PUBLIC COMMENT
30
31 A motion was made by Commissioner Rich seconded by Commissioner Dorosin to close the
32 public hearing.
33
34 VOTE: UNANIMOUS
35
36 A motion was made by Commissioner Price seconded by Commissioner Rich to authorize
37 execution of the Certificate of Completion by the Chair of the Board of County Commissioners.
38
39 VOTE: UNANIMOUS
40
41
42
43
44
45 b. Community Development Block Grant (CDBG) Program – Scattered Site Housing
46 Rehabilitation Program
47 The Board will conducted a public hearing to receive public comments prior to official close-out
48 of the County's FY 2010 Community Development (CDBG) Scattered Site Housing
49 Rehabilitation Program and authorized execution of the Certificate of Completion by the Chair of
50 the Board of County Commissioners.
51
3
1 Tara Fikes said the purpose of tonight's meeting was to conduct a public hearing to receive
2 public comments prior to official close-out of the County's FY 2010 Community Development
3 (CDBG) Scattered Site Housing Rehabilitation Program and authorize execution of the
4 Certificate of Completion by the Chair of the Board of County Commissioners. She said in
5 February 2011, Orange County was officially awarded a $400,000 Community Development
6 Block Grant (CDBG) from the N.C. Department of Commerce for a Scattered Site Housing
7 Rehabilitation Program. Funds from this grant were intended to be used to repair eight (8)
8 deteriorated housing units in the County.
9
10 Tara Fikes said that all CDBG activities have now been completed and seven (7) homes were
11 substantially rehabilitated. She said four of the homes were in the Town of Hillsborough, one in
12 Carrboro and two in the unincorporated area of the County. In order to complete the grant
13 close-out process, the N.C. Department of Commerce requires that a public hearing be held
14 prior to the official closeout of the Scattered Site Housing Rehabilitation Program to assess the
15 performance of the County in administering the grant program. In addition, the County is
16 required to execute the Certificate of Completion form.
17
18 Tara Fikes said the total costs for the completion of the housing rehabilitation plus associated
19 administrative costs is $351,257. Thus, $48,743 will be retained by the State Community
20 Development Program.
21
22 Commissioner Dorosin asked how are these homes selected and identified, what was the
23 criteria used to choose these homes and how they prioritize these homes.
24
25 Tara Fikes said these homes were identified as a result of her department making a public
26 advertisement in 2010. They took applications for a period of time to determine the need in the
27 community and also they received referrals from other agencies and individuals. This program
28 requires that recipients are homeowners and have an income below 60% of the area medium
29 and also had to tie the needs of the homes with the requirements of the program. The CDBG
30 program has a limit of$40,000 per home but sometimes they have to ask for more depending
31 on the needs of the home. They try to look at requirements of each of their programs.
32
33 Commissioner Dorosin asked if any applications were turned down.
34
35 Tara Fikes said yes because of title issues on a couple of the applications. She added that the
36 program was a deferred loan program, meaning that the loan did not need to be paid back if the
37 resident lived in the home for the duration of the loan which is 15-years. The resident is
38 responsible for paying taxes and insurance on the home.
39
40 NO PUBLIC COMMENT
41
42
43 A motion was made by Commissioner Pelissier seconded by Commissioner Rich to close the
44 public hearing.
45
46 VOTE: UNANIMOUS
47
48 A motion was made by Commissioner Pelissier seconded by Commissioner Rich to authorize
49 execution of the Certificate of Completion by the Chair of the Board of County Commissioners.
50
51 VOTE: UNANIMOUS
4
1
2 Chair Jacobs said it was hard to leave $65,000 on table and to make sure next year to add
3 projects or request waivers to be able to utilize the allocated amount.
4
5 Tara Fike said she tried to re-program the money but the state was eager to close out their
6 programs this year but she will be aware of this next year.
7
8
9
10 Barry Jacobs, Chair
11
12
13 Donna Baker
14 Clerk to the Board