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HomeMy WebLinkAboutMinutes 04-20-2010 APPROVED 5/6/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING April 20, 2010 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, April 20, 2010 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT County Manager Frank Clifton, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) 1. Additions or Changes to the Agenda NONE PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Pat Leighten said that she represents Citizens for a Coal-Free Community (she provided handouts). She said that their goal is to urge UNC-Chapel Hill to phase out coal and its co-generation plan on Cameron Avenue in Chapel Hill. She presented a petition asking for the County Commissioners' support for the request to Chancellor Thorp and his Energy Task Force to mitigate coal use as quickly as possible and to eliminate the burning of coal by 2015 for the good of the citizens of Orange County. She said that the UNC plant is the largest source of air pollution in Orange County, putting 320,000 tons of greenhouse gases in the atmosphere annually. The petition sites medical studies of the effects of toxic chemicals emitted by coal. She said that UNC is a leader in research in global warming and public health and acknowledges the effects of coal burning on public health and the environment through its promise to eliminate coal completely by 2050. This is much too late a date. She said that UNC will cite its bottom line, but there are more costs in public health and environmental damage. Claire Home is a Chapel Hill resident and a neighbor of the co-generation plant. She is part of the Citizens for a Coal-Free Community. She said that without real pressure from the Town and the community, UNC will continue to burn coal, citing costs and its obligation to use the cheapest available energy source. She said that the date set by UNC to eliminate coal is not acceptable. She said that UNC will say that the amounts released into the air are well below EPA limits, which is not the same thing as being undeniably safe. She said that she lives close to this plant and burning coal in the middle of a town is bound to have some public health implications, regardless of how well the plant meets the law on emissions. She asked the County Commissioners to consider the public health issue along with the urgency of carbon-related climate change. She said that Duke University and other universities have established immediate dates for ending their reliance on coal. Duke Energy has shifted from coal to natural gas. She hopes to see UNC be a leader and not a follower in this issue. Olga Grlic spoke on behalf of the Orange Chatham Sierra Club and she also lives near the UNC co-generation coal plant. She said that the Sierra Club, the oldest and the most respected national and environmental organization, has long argued against the use of coal for power generation. She spoke about the serious health and environmental problems of using coal for energy. She said that research cited in the petition shows that air pollution from coal plants causes human diseases and death. She said that the UNC co-generation plant is both efficient and state-of-the-art, which means that there is less pollution escaping the stacks. However, given its central location, even the smaller amounts could be harming local residents, some of whom live directly across the street from the plant. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve asking the Chair and Vice-Chair to bring this issue of the UNC coal plant on a future agenda and notify the Citizens for a Coal-Free Community when it will be coming back. VOTE: UNANIMOUS b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) Commissioner Nelson arrived at 7:15 PM. 3. Proclamations/ Resolutions/ Special Presentations a. Resolution Naming the Central Orange Adult Day Health Program for Florence G. Soltys The Board considered a resolution to officially name the adult day health program wing of the new Central Orange Senior Center at the Hillsborough SportsPlex campus in honor of Florence Gray Soltys and authorizing the Chair to sign. Jerry Passmore recognized Jack Chestnut, President of Senior Care, which operates the Adult Day Health program, and John Soltys, husband of Florence Soltys. Mr. Passmore said that the adult day health program is the future of our community and this is such a great honor for Florence Soltys. Jerry Passmore read the resolution: RESOLUTION TO NAME THE NEW CENTRAL ORANGE ADULT DAY HEALTH PROGRAM FOR FLORENCE GRAY SOLTYS WHEREAS, Florence Soltys was an outspoken advocate for the needs and rights of all older adults the past 30 years, especially frail elders both in the community and institutional settings and gave countless hours of community service to improve the quality of life for Orange County's older residents; and WHEREAS, Florence Soltys was a guiding force in the planning and designing of the current Central Orange Adult Day Health Program and was the President of Senior Care of Orange County, Inc., the organization which operates the adult day health program on behalf of the County, from 2004 until her passing in 2007; and WHEREAS, Florence Soltys made numerous contributions on behalf of older adults by serving in leadership positions on the Orange County Advisory Board on Aging, the County Master Aging Plan Task Force, the Chapel Hill/Carrboro Meals on Wheels program, the Orange County Nursing Home and Adult Care Home Community Advisory Committees, the Community Coalition on Continuity of Care, the Triangle J Area Agency on Aging Advisory Council and the N.C. Study Commission on Aging; and WHEREAS, the Board of Directors of Senior Care of Orange County, Inc. in February 2008 and the Orange County Advisory Board on Aging in March 2008 and again on February 9, 2010 voted unanimously to request that the new Adult Day Health Program facility located within the Central Orange Senior Center in Hillsborough be named in her honor; and WHEREAS, the new Central Orange Adult Day Health Program opened on January 29, 2009 and the Board of County Commissioners adopted a property naming policy on March 3, 2009; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners do hereby acknowledge the years of hard work and dedication to the community by Florence Soltys and do hereby name the new Central Orange Adult Day Health Program as the "Florence Gray Soltys Adult Day Health Program". This the 20th day of April, 2010. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve a resolution to officially name the adult day health program wing of the new Central Orange Senior Center at the Hillsborough SportsPlex campus in honor of Florence Gray Soltys and authorize the Chair to sign. VOTE: UNANIMOUS John Soltys said that those that knew Florence knew that she was a strong advocate for the care of the elderly. On behalf of her family, he thanked the Board of County Commissioners for recognizing her in this way by this concrete expression. He said that she really is probably still working now through others and he hopes the County will carry on her advocacy for the elderly. Commissioner Gordon said that the County owes Florence a debt of gratitude. Commissioner Jacobs said that Florence was a tireless fighter for social justice and she was relentless and fearless. Jerry Passmore said that on May 27th from 4-6 p.m., there will be a reception for this. The County Commissioners will receive an official invitation. 4. Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from March 2, 16 and 25, 2010 as submitted by the Clerk to the Board. b. Appointments — None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 38 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Proposed Revisions to the Voluntary Farmland Protection Ordinance (VFPO) The Board approved the revisions to the County's Voluntary Farmland Protection Ordinance. e. Resolution to Endorse Orange County Segment of the Mountains-to-Sea Trail The Board approved a resolution, which is incorporated by reference, in support of the proposed corridor for the planned North Carolina Mountains-to-Sea Trail through Orange County and authorized the Chair to sign, and directed staff to work with the County's partners on the next stages of the project. f. Proposed Master Plan - Hollow Rock Access Area at New Hope Preserve The Board approved the proposed master plan for the Hollow Rock Access Area and directed staff to schedule an opportunity for representatives from the Board to discuss master plan implementation (including key issues, future construction, and operation) with representatives from the Durham County Board of Commissioners, Chapel Hill Town Council, and Durham City Council. The Board would select Commissioner representatives for this meeting at a future point after completion of the current budget cycle (Note: Commissioners Gordon and Jacobs currently serve on one existing group, the Durham-Chapel Hill-Orange County Work Group). g_ Grant Application for Workforce Investment Act Youth Proposal The Board approved authorizing the Manager to sign the grant application and staff to submit the application; if the County is awarded the grant, authorized staff to negotiate an Agreement with the Regional Partnership Local Workforce Development Area, subject to review by the County Attorney, and authorized the Chair to sign the Agreement; and if the County is awarded the grant, authorized staff to receive the WIA grant funds and implement an appropriate budget amendment to reflect receipt of the funds. h. Public Safety Communications Improvements The Board approved the purchase of the items described under BACKGROUND to update the Public Safety Communications Infrastructure; and approved funds up to $112,000 from the Emergency Services Reserve Capital Project, allocate this amount to the Emergency Services Department's capital budget section within the General Fund for the purchase, and approved the attached capital project ordinance. i. Renewal of Consolidated Agreement Between Health Department and NC Department of Health and Human Services The Board approved the annual consolidated agreement between the NC Department of Health and Human Services and the Orange County Health Department, which provides State and Federal funds to the Health Department to partially support mandated services, and authorized the Chair to sign. L Second Reading: Emergency Services Franchise by Ordinance for Johnston Ambulance Service, Inc. The Board: 1. Approved on Second Reading the granting of a franchise by ordinance to Johnston Ambulance Service, Inc. (JAS) —the Franchise Agreement under which it will operate and authorized the Chair to sign: a. Convalescent Transport Services - Basic Life Support Transport Services b. Emergency Services - Basic Life Support Transport Services 2. Authorize the Chair to sign the Franchise Agreement; 3. Approve the Franchise Agreement under which Johnston Ambulance service, Inc. will operate during the five-year period of franchise, and that as a condition of the Franchise, JAS enter into an Operations Agreement with Orange County within 90 days to provide for the daily operational functions of JAS as it works within the Orange County Emergency Services System; and 4. Authorize the Emergency Services Director to negotiate the Operations Agreement with JAS and the County Manager to sign the Agreement after review by the County Attorney or his staff. k. Contract between the Rural Advancement Foundation International — USA and Orange County for 2010 Tobacco Communities Reinvestment Fund Grant for Juicing Equipment at the Piedmont Food and Agricultural Processing Center The Board approved a contract between the Rural Advancement Foundation International — USA and Orange County for a 2010 Tobacco Communities Reinvestment Fund Grant, accepted $28,819 for juicing equipment for the Piedmont Food and Agricultural Processing Center, authorized the Chair to sign subject to County Attorney review, and approved the attached Capital Project Ordinance. I. Fiscal Year 2009-10 Budget Amendment #9 The Board approved budget and capital project ordinance amendments for fiscal year 2009-10 for Grant Project Ordinances, Health Department, Department on Aging, Department of Social Services, Orange County Schools Capital Projects Ordinance, and Economic Development (Value-Added Processing Center Capital Project Ordinance). m. Board of Commissioners Meeting Calendar for Year 2010 The Board approved continuing to hold Board of Commissioners' Hillsborough area meetings at the DSS Building (Department of Social Services Building), Hillsborough Commons, in Hillsborough, N.C., until the Link Government Services Center's meeting room is renovated. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Items Removed From Consent Agenda NONE 6. Public Hearings a. Shuttle Transportation for Low-Income Orange County Residents for Job Related Activities The Board received public comments on a proposal from Essential Transportation Services to provide transportation services for job related activities to low-income residents in Orange County under the administration of the Orange County Department of Social Services, and considered authorizing staff to proceed with the project if funded through a Job Access and Reverse Commute grant from the North Carolina Department of Transportation. Social Services Director Nancy Coston introduced this item. Lisa Ward from Essential Transportation said that they have applied for a grant that is funded through NCDOT. The grant is called the Job Access and Reverse Commute grant, which was established to address the unique transportation challenges of low-income residents seeking to obtain and maintain employment. She said that ETS proposes to fill the gap of public transportation for these residents. There would be no cost to the County for this grant. NO PUBLIC COMMENT A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve the application for the transportation services provided by ETS (if funded by the JARC grant); and if the grant is awarded, authorize staff to negotiate an Agreement with ETS, subject to review by the County Attorney, and authorize the County Manager to sign the Agreement. VOTE: UNANIMOUS 7. Regular Agenda a. Proposal for Soccer Superfund Partnership with the Town of Chapel Hill The Board considered re-allocating $623,000 in 2001 Soccer Superfund monies appropriated for Twin Creeks (Moniese Nomp) Park to support creation of an artificial turf soccer field improvement project at the Town of Chapel Hill's Cedar Falls Park. Parks and Recreation Director Lori Taft recognized Dave Stancil, Director of the Environment, Agriculture, Parks, and Recreation Department. She also recognized Butch Kisiah, Director of the Town of Chapel Hill Parks and Recreation Department. She showed a map of the proposed project, which is close to 1-40 and across from East Chapel Hill High School. She gave some background on these funds. The County has been unable to start on the Twin Creeks Park due to excessive infrastructure costs, so the soccer superfund monies have remained unspent. However, a proposal was brought forward from the Town of Chapel Hill to use the money for an artificial turf soccer field at Cedar Falls Park. No proposals were received from the other towns. Butch Kisiah showed the layout of the soccer field and distributed a sample of artificial turf. He said that Cedar Falls Park is the largest park facility in the Town of Chapel Hill. Athletic field #1 is currently used by soccer, lacrosse, rugby, and other sports that need large fields. It is used extensively and it is being worn out. The idea is to install artificial turf on the entire area, which would allow for two full-sized soccer fields. In addition, this project would include athletic field lighting. He said that he is here to talk about a partnership with the County to facilitate this project. He went on to describe other features of the park. With these improvements, along with others, the park could be open year-round. Commissioner Gordon thanked the Town of Chapel Hill for this partnership. She also thanked Commissioner Hemminger for bringing this forward. Commissioner Hemminger thanked the Town of Chapel Hill for this partnership and said that this puts to use County funds that have not been used to date. This is a great location and accessible for many communities. Commissioner Jacobs thanked Commissioner Hemminger who worked on this tirelessly. He said that Orange County did approach Carrboro about using this for Smith Middle School soccer field and they were not interested and then Chapel Hill stepped up to partner with the County. He said that the abstract seems to indicate that there will be a contract coming later, but he learned in dealing with the Smith Middle School soccer field that it did not go as smoothly as he thought. He is a little hesitant to just approve this without knowing the exact process. He wants to make sure that the failings of the agreement with Smith Middle School are covered in this agreement. He asked about the use of these fields by East Chapel Hill Club teams and how this would fit into the use by other soccer participants and the public at-large. Butch Kisiah said that they schedule this field by rental agreement or if it is open. He said that they are trying to accommodate the soccer community at-large. As space and time allow, they talk with other clubs. He said that Chapel Hill Parks and Recreation uses East Chapel Hill for their football field and they want to reciprocate. Commissioner Gordon verified that, as far as the contract goes, the money will be transferred only if Chapel Hill gets the PARTF grant. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to approve the request for Soccer Superfund assistance and re-appropriate the $623,000 in existing funds for this project, pending further action by the town to secure all needed funds as noted above. Funds would be transferred to Chapel Hill consistent with the conditions of an Interlocal agreement subject to approval by the County Attorney. If grant funds are not received, a modified proposal may be developed for subsequent Board consideration. Commissioner Jacobs said that he would like to see the agreement before it is executed. VOTE: UNANIMOUS b. Amended Article IX, Section 3.2 Reduction In Force of the Orange County Personnel Ordinance The Board considered approving an amendment to the Orange County Personnel Ordinance Article IX, Section 3.2, Reduction in Force ("RIF"). Human Resources Director Michael McGinnis was with Staff Attorney Annette Moore and Organizational Development Manager Katherine Cathey from Human Resources. He said that the County Commissioners have the most recent revision of a draft for rules and regulations related to this item. He said that a reduction in force has been and will remain a last resort. He said that all have been working closely with the Manager with options to avoid RIF. He said that they have put together another retirement incentive and they are looking at eliminating vacant positions. The policy has not been amended since its inception. The language in the current policy is limited and vague. Attachment 2 included the new language for the policy. He said that the new language does not change the Board of County Commissioners' authority to determine whether or not there should be a reduction in force, but it holds the Manager capable and responsible for developing the process by which that would occur. Frank Clifton said that the problem with not having a policy is that if the State acts after the Board of County Commissioners adopts its budget and if there needs to be further reductions, then this will allow the Board to move forward with this option. He said that he will present a balanced budget by the middle of May and it will probably not make anyone happy. Commissioner Gordon made reference to the first sentence in 3.2.3 and said that the statement, "layoffs that improve or maintain County services," is confusing. It sounds like the layoffs have something to do with improving or maintaining County services. Annette Moore suggested the following language: "The County Manager, or other hiring authority, shall be authorized to develop appropriate alternatives to layoffs." Commissioner Yuhasz suggested taking the phrase, "to avoid possible layoffs," and begin the sentence with that phrase. The Board agreed. Commissioner Jacobs thanked the staff for giving staff more notice of a reduction in force. Annette Moore said that this makes it consistent with the State policy. Commissioner Jacobs made reference to the front of Attachment 2, IV-B, and the last line, "eliminating overtime hours, job sharing, and reducing work hours." He asked about the ordinance that was changed last year regarding furloughs. Annette Moore said that furloughs could be an alternative, mandatory or voluntary. It is one of the tools that the Manager can use. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to approve an amendment to the Orange County Personnel Ordinance Article IX, Section 3.2, Reduction in Force ("RIF"), as amended. VOTE: UNANIMOUS 8. Reports - NONE 9. County Manager's Report Frank Clifton said that they are continuing to work on the budget as they move forward toward May. He said that there was a department head retreat last week and they brought in David Thompson from the NCACC. He will copy the Board on some of the presentation notes. There are other counties in North Carolina in far worse financial condition than Orange County. 10. County Attorney's Report - NONE 11. Appointments - NONE 12. Board Comments Commissioner Gordon — none. Commissioner Hemminger asked about the Facility Use Policy and when it will come to the Board of County Commissioners and Frank Clifton said that it is being done and is in process. He hopes to have it ready before the break. Commissioner Hemminger said that she has a formal request from the Intergovernmental Parks Work Group. All of the jurisdictions have passed the joint use agreement for school facilities and they wanted to ask the Chair and the Vice-Chair if the Board of County Commissioners could bring it to the collaboration meeting to see how it would be received by the schools. Chair Foushee said that she would put this on the agenda. Commissioner Jacobs congratulated the Orange County Visitor's Bureau on the new Visitors' Guide because it is beautiful and comprehensive. Commissioner Jacobs asked for the opportunity to have an open house for the public and a tour for the Board of County Commissioners of the animal shelter and the justice facilities. Both of these facilities are state-of-the-art in green technology. Frank Clifton said that he thought staff was trying to schedule something for the justice facilities and he will check on the animal shelter. Commissioner Jacobs said that he got an email from a citizen about the American Stone quarry and the citizen feels that American Stone has not abided by the terms of the special use permit as far as noise caused by daily operation. He asked to refer this to staff. The Board agreed. Commissioner Pelissier distributed a report from the Orange County Partnership to End Homelessness, and there will be a press release. She said that this group is only a coordinating group and has no funds. The focus this year is to look at numbers over the years. She highlighted the second page in the middle and that there has been increasing funding for addressing this issue of homelessness. Commissioner Jacobs said that a citizen wrote to him and was concerned that the newly proposed IFC men's shelter was going to cherry pick clients and that those who were least able to function were not going to be included. The citizen asked him what the County was going to do to provide services to these people and he did not have an answer. Commissioner Pelissier said that they do not have an answer right now but they will be discussing this at some point. Commissioner Yuhasz noted that in the March 2nd minutes this includes the development of a policy about defibrillators and Frank Clifton said that they have done an inventory but he will follow up with Frank Montes de Oca. Chair Foushee said that she and the Manager met with Orbit Renewable Energy Systems recently and she will distribute some information via the Clerk. Chair Foushee said that on Saturday Habitat for Humanity of Orange County celebrated its 25th anniversary and it was a wonderful event. She said that Orange County government has been a big part of some of these projects. 13. Information Items • Pre-K Issues — Orange County Schools & Chapel Hill-Carrboro City Schools Commissioner Gordon asked if there was a plan to follow up on these issues. She suggested discussing this at the next joint meeting with the school boards. She said that conversion of some classrooms to pre-K classes affects capacity. Frank Clifton said that the Board meets with the school boards next week and it could be added in that agenda. Commissioner Gordon said that the concrete issue could be how this interacts with SAPFO. Chair Foushee said to refer this to the school collaboration meeting. Commissioner Gordon said the Board of County Commissioners needs to bring this forward with respect to SAPFO and to refer this to the Planning Department as far the implications for SAPFO are concerned. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs that the Board of County Commissioners refer this item to the Planning Department regarding the SAPFO implications and then bring it forward to the school collaboration work group. VOTE: UNANIMOUS • Environmental Education and Programming (2010) • April 6, 2010 BOCC Meeting Follow-up Actions List 14. Closed Session - NONE 15. Adjournment A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to adjourn the meeting at 8:26 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board