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MINUTES ORANGE COUNTY BOARD OF HEALTH October 22, 2009 Board of Health Minutes Transcription completed by Anne Miles Cassell 3 October 22, 2009 The 1st Quarter Fiscal Year 09-10 Financial Report was presented to Board members. Some important items to note were: • Personnel costs for several divisions are at or exceed 25% of the budget (or 100% for the quarter). This is due to the budget office calculating personnel costs at 96% of actual costs to allow for vacancies. • Also affecting the Personnel costs: some staff have taken (or are going to take) the early retirement incentive, which will still cost the department salary money, even though there is a vacancy. OCHD will not realize a savings until the spring or even end of the year in personnel costs. • State and Federal revenues are much lower than at this same time last fiscal year. This is due in part to the State budget crisis. The state is not allowing the counties to draw down all the money at once, as has been possible in the past. We are limited to drawing 1/12 to preserve cash flow for the state. Motion to accept items on the Consent Agenda was made by Steve Yuhasz, seconded by Tony Whitaker, and carried without dissent. VI. Reports and Discussion with Possible Action A. Adopt Well Rule Revisions North Carolina General Statute (Chapter 130A) grants boards of health the authority to adopt rules necessary to protect public health. Article 7 of NCGS Chapter 87 gives the Board of Health specific authority to adopt rules that are more stringent than those adopted by the Environmental Management Commission (EMC) in the area of well construction when necessary to protect public health. The Orange County Board of Health adopted well construction rules in 1980 which have been administered by the Environmental Health staff since that time. Tom Konsler reported that last July, the Board adopted a revision to those rules to bring them into alignment with the new statewide well rules adopted by the EMC. The Orange County rules retain several areas where they are more stringent than the state rules. The EMC adopted changes to the well construction regulations in September 2009 which has prompted several changes to the Orange County local rules in order to maintain consistency and stringency requirements. The State allows the use of bentonite chips or pellets; however, as Mr. Konsler explained, Orange County does not. He stated that bentonite is a clay-like slurry that is used as a grout that when used in chip or pellet form makes it difficult to obtain a good seal. Steve Yuhasz asked the difference between bentonite and other types of grout. Tom explained that bentonite does not set up hard like cement but is more like quicksand, and therefore poses a safety hazard if used to cap off a well. Tony Whitaker asked for clarification of regulation in Section D. Permitting and in Section 7) the revocation of a permit or the intent to revoke a permit. Tom