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HomeMy WebLinkAboutMinutes 03-22-2016 1 APPROVED 4/19/2016 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING March 22, 2016 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, March 22, 2016 at 7:00 p.m. at the Southern Human Services Building, in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) Chair McKee called the meeting to order at 7:06 p.m., and asked for a moment of silence for the people in Belgium. 1. Additions or Changes to the Agenda -Yellow sheet - Proposed Addition to the Agenda, Item 4a: Orange County Resolution in Support of the City of Charlotte Non-Discrimination Policy - White sheet - copy of City of Charlotte's amended ordinance - Planning Department's Monthly report - Chapel Hill-Carrboro City Schools (CHCCS) CIP Newsletter A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to approve adding Item 4a to the agenda. Chair McKee said he would not be able to vote in favor of adding this item, due to the issue of transparency. He said the people of Orange County did not know this agenda item was going to be added, and the topic is a divisive one, sparking strong emotions. VOTE: Ayes, 6; Nays, 1 (Chair McKee) -Additional Closed Session Item- Personnel: To Be Added A motion was made by Commissioner Rich seconded by Commissioner Pelissier to add an additional item to the closed session for the purpose of: "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee" NCGS § 143-318.11(a) (6). VOTE: UNANIMOUS 2 PUBLIC CHARGE Chair McKee dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Petitions by Board Members Commissioner Jacobs petitioned the Board of County Commissioners (BOCC) to receive a presentation on lake allocation but especially Jordan Lake allocations, as it pertains to Raleigh and Wake County. Commissioner Pelissier petitioned the creation of a work group of elected officials, with two representatives from each of the elected bodies in Orange County, to discuss affordable housing. Commissioner Dorosin had no petitions. Commissioner Burroughs asked the BOCC to consider moving consent items to the beginning of the agenda so that department heads do not have to remain the duration of meetings waiting to see if their consent item will be pulled or not. Commissioner Price said there has been a serious issue in the Fairview neighborhood on housing and asked if the County could address this issue. Commissioner Price said Dr. Ponder recently resigned from the Durham Tech Board of Trustees and this item should be brought forth soon to appoint someone else. Donna Baker said there are currently 12 applicants from the last process and her office is contacting each to see if they are still interested in being on the applicant interest list for this Board. She said re-advertising is also possible. Commissioner Dorosin said to re-open the advertising process. Commissioner Price said she would like to use the list of existing applicants. Commissioner Dorosin said he would like to open up the advertising again. A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to re- open the advertisement process. VOTE: UNANIMOUS Commissioner Rich said she agreed with Commissioner Pelissier about a work group of elected officials to discuss affordable housing. Commissioner Rich petitioned the Board to recognize April as Sexual Assault Awareness month. Commissioner Rich asked if the Office of Public Transportation (OPT) could look at how the 1,000 newly approved housing units in Hillsborough will affect transportation. Commissioner Rich said there were no recycling bins at the early voting sites during this primary. 3 Commissioner Rich said she would like to challenge the Arts Commission to come up with a creative way to solicit applicants for grants. Commissioner Rich said she is on the Strategic Communication Implementation Group, and she wondered how to bring this discussion forward to the Board of County Commissioners for updates. She asked if either a presentation or report may be appropriate. Chair McKee said this and the recycling issues are administrative in nature, and can be addressed by the manager and staff. Commissioner Jacobs asked if there were signs up at early voting about the bond referendum. Commissioner Rich said yes. Commissioner Jacobs said since the County is responsible for the bond it should be proactive about taking the signs down. Chair McKee said that for the last four years he has asked for Solid Waste to accept mattresses at the convenience centers and he petitioned that Solid Waste do this, free of charge, at the Walnut Grove and Eubanks Road centers, to be implemented by July 1, 2016. Commissioner Jacobs agreed. He said the Habitat Store does take mattresses and he would like for a Habitat representative to speak at the next Solid Waste Advisory Group (SWAG) meeting. 4. Proclamations/ Resolutions/ Special Presentations a. Orange County Resolution in Support of the City of Charlotte Non-Discrimination Policy Commissioner Jacobs and Commissioner Dorosin created this resolution. Commissioner Jacobs said this resolution was kept as close to what already existed and he read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE CITY OF CHARLOTTE NON-DISCRIMINATION POLICY WHEREAS, the Charlotte City Council, on February 21, 2016, approved amendments to the city's Non-Discrimination Ordinance; and, WHEREAS, the Council added marital and familial status, sexual orientation, gender expression and gender identity to the list of protected characteristics in the existing Non-Discrimination Ordinance; and, WHEREAS, the Orange County Code of Ordinances currently prohibits discrimination based on race, color, religion, sex, national origin, age, disability, familial status, and veteran status; and, WHEREAS, Orange County supports a community where all people are treated fairly, valued and accepted; and, WHEREAS, Orange County stands with those who struggle against social injustice; and, 4 WHEREAS, Orange County supports the right of local governments to articulate their own community values of inclusion without interference or suppression by the General Assembly; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does hereby support the Non-Discrimination Policy implemented by the Charlotte City Council and joins them in striving for social justice for all. This the 22nd day of March 2016. Commissioner Price asked if this resolution simply states that the BOCC is in support of Charlotte. Commissioner Jacobs said yes. Commissioner Rich said she understood that if Charlotte proceeds with litigation, Orange County would join them. Commissioner Dorosin said that is a separate petition and depending on what happens, such a petition may be brought forward. Commissioner Dorosin referred to Commissioner Price's point, saying he had previously asked about adding transgender discrimination to the Orange County ordinance, and that County Attorney John Roberts had said such an addition was unnecessary as the ordinance already covered such discrimination. Commissioner Dorosin asked if he is remembering this correctly. John Roberts said for a number of years Orange County's enforcement officers have treated transgender issues as part of the sexual orientation language in the Orange County ordinance. He said the current ordinance offers protection to Orange County citizens in this matter without adding additional language. Commissioner Dorosin suggested that the Board consider some type of public statement that the Orange County ordinance, as written, does protect transgendered people and all that may face discrimination because of sexual orientation. Commissioner Jacobs asked if there is a group that the County has tried to add as protected but failed to do so as the State would strike it down. John Roberts said that language has been modified by the legislature and it will be seen in their legislative agenda packet in April. He said the General Assembly is being asked to pass legislation that will protect all. Greg Wilder, County Manager's Office, said the current language, that is included in the legislatives issues work group, relates to gender identity and sexual orientation. He said the language is based on the prior attorney's interpretation and John Roberts said now that this covers it all. John Roberts said he takes a broader view of the definition of sex and gender and allows enforcement officers to protect all the citizens of Orange County. Chair McKee said if this resolution was to oppose the legislature interfering in local affairs, then he could support it. He said this resolution seems to indicate an alignment with, or a following suit of, Charlotte. He said Charlotte is not unified on its ordinance and this ordinance does much more than just dictate who can use which bathroom. He said it specifically takes out "showers, bath houses, YMCAs and YWCAs" and could mean camps, dormitory-lodging facilities. He said he has some issues with Charlotte's ordinance. Chair McKee referred to Section 12-58 of the Charlotte ordinance, which included prohibited acts. He said this section violates this first amendment. He said the resolution is well written and he thanked Commissioners Jacobs and Dorosin for their work. He said the 5 resolution states Orange County values but due to the resolution header stating support of the Charlotte ordinance, he will not be able to support the resolution. Commissioner Dorosin said he appreciated Chair McKee's opposition but said the ordinance is referring to signs that say gays are not allowed, for example, and he wished that the Board could pass an ordinance like Charlotte. He respectfully disagreed with Chair McKee. Chair McKee said he accepted Commissioner Dorosin's disagreement and agreed with him about the example given. He said the ordinance crosses the line by stating that nothing can be printed, circulated, mailed, etc., and affects private communications between individuals. Commissioner Price said if she is reading the ordinance correctly it means that you cannot prohibit someone's usage of public accommodations. Chair McKee said he reads a literal interpretation of the ordinance. Commissioner Burroughs asked Commissioner Dorosin if the ordinance contains standard public accommodation language that came into being in the 1960s with the Civil Rights Act. Commissioner Dorosin said it is public accommodation language. He said the ordinance specifically talks about signs, mailings, and publications that one should be denied accommodations in a place of public accommodation. A motion was made by Commissioner Jacobs, seconded by Commissioner Dorosin to adopt the Orange County Resolution in Support of the City of Charlotte Non-Discrimination Policy. VOTE: Ayes, 6; Nays, 1 (Chair McKee) Commissioner Dorosin said the legislature is going into special session tomorrow about this issue and he believed it will restrict local governments even more. Commissioner Rich said the bill had not been dropped as of this afternoon. 5. Public Hearings a. Public Hearing on the Financing of Various Capital Investment Plan Projects The Board conducted a public hearing on the issuance of approximately $8,150,000 to finance capital investment projects and equipment for the fiscal year as approved in the 2015- 2016 Capital Investment Plan; and to approve a related resolution supporting the County's application to the Local Government Commission (LGC) for its approval of the financing arrangements. Gary Donaldson, Orange County Chief Financial Officer, said the purpose of this evening is to conduct a public hearing on the issuance of approximately $8,150,000 to finance capital investment projects, and equipment for the fiscal year as approved in the 2015- 2016 Capital Investment Plan; and to approve a related resolution supporting the County's application to the Local Government Commission (LGC) for its approval of the financing arrangements. BACKGROUND: County staff estimates that the total amount to be financed for capital investment projects and equipment will be approximately $8,150,000. The financing will include amounts to pay transaction costs. 6 The statutes require that the County conduct a public hearing on the proposed financing. A copy of the published notice of this hearing is provided in their agenda packet. After conducting the public hearing and receiving public input, the Board will consider the adoption of the resolution (Attachment 2). This resolution formally requests the required approval from the North Carolina Local Government Commission (LGC) for the County's financing, and makes certain findings of fact as required under the LGC's guidelines. County staff has been in contact with the LGC staff, and staff expects no issues to receiving LGC approval. If the Board adopts the resolution indicating its intent to continue with the financing plan, the Board will be asked to consider a resolution giving final approval to the financing plans at its April 19, 2016 meeting. The general schedule for this process is as follows: • BOCC conducts public hearing and adopts resolution in support of financing and LGC approval — March 22 • County staff reviews financing proposals from lenders and develops recommendation for Board approval — by end of March • County Board adopts resolution formally approving financing provider and the substantially-final financing documents —April 19 • LGC approves financing — May 3 • Closing on the financing —funds advanced to County— by mid-May The County's financing is proceeding as an installment financing under the authority of the North Carolina General Statutes. Under the statutes, an installment financing has to be secured by a lien on part or all of the property being acquired or improved through the financing. County staff recommended that the County use Grady Brown Elementary School as the collateral. Grady Brown is receiving two new roofs through the financing package. For the County to provide a lien on this school, the County must own the school. The Orange County Board of Education has approved the use of the school as collateral and the related transfer of that property to the County (the financing documents will provide for the return of the school upon the County's repayment of the financing). This is similar to arrangements the County has used previously, most recently with respect to financings related to the Orange County Schools District's Gravelly Hill Middle School and with Culbreth Middle School in Chapel Hill Carrboro City Schools. Ownership of Grady Brown will revert back to Orange County Schools upon final payment of the installment financing. Gary Donaldson reviewed all items on the financing list. Chair McKee asked if Gary Donaldson would expand on the issue of using Grady Brown Elementary School as collateral. Gary Donaldson did so. Commissioner Jacobs said the school system still owns Cedar Ridge, and said he understood the County to be the only one that is exempt from paying sales tax. He asked if this is so, perhaps ownership of Cedar Ridge should be transferred to the County to avoid sales tax being paid on these construction projects. Commissioner Jacobs said to review this going forward. 7 Commissioner Price asked if it was known how long the County would own Grady Brown. Gary Donaldson said 20 years, and after the financing is completed it will revert back to the Orange County Schools (OCS) system. Commissioner Rich referred to the Rogers Road easement acquisition project and asked if costs are going to be shared with their partners. Bonnie Hammersley said the County has agreed to be the fiduciary and will borrow all of the funds and then invoice the partners. FINANCIAL IMPACT: There is no financial impact related to this action. However, there will be a financial impact in proceeding with the financing. A preliminary estimate of maximum debt service applicable to the capital investment projects and equipment financing would require the highest debt service payment of$871,454 in FY 2016-17. The tax rate equivalent for the estimated highest debt service payment is approximately 1/2 cent. Based on current resources and the retirement of existing debt, no adjustment to the tax rate associated with this financing is anticipated to occur during the period noted. A motion was made by Commissioner Price, seconded by Commissioner Rich to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, subject to further information about saving sales tax on the school projects, seconded by Commissioner Pelissier to adopt the resolution supporting the application to the Local Government Commission for approval of the financing and refinancing arrangements. VOTE: UNANIMOUS 6. Consent Agenda • Removal of Any Items from Consent Agenda None • Approval of Remaining Consent Agenda A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to approve the remaining items on the Consent Agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board approved the minutes from February 16, 18 and 25, 2016 as submitted by the Clerk to the Board. b. Fiscal Year 2015-16 Budget Amendment#7 8 The Board approved budget ordinance amendments for fiscal year 2015-16 for Department of Social Services; Department of Library Services; Department on Aging; County Manager's Office; and a technical amendment. c. Fire Department Relief Fund Appointees The Board approved the appointment of trustees to the local fire department relief funds boards as recommended by the local fire department chiefs. d. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule for the May 2016 Quarterly Public Hearing The Board approved process components and schedule for an upcoming government-initiated Comprehensive Plan and Unified Development Ordinance (UDO) amendments for the May 23, 2016 Quarterly Public Hearing regarding the 0/I (Office/Institutional) Zoning District. e. Notice of Public Hearing on Orange County's 2016 Legislative Agenda The Board provided notice of the Board of County Commissioners' plans to hold a public hearing on April 5, 2016 on potential items for inclusion in Orange County's legislative agenda package for the 2016 North Carolina General Assembly Session. f. RFP Award —Audit Services The Board awarded Request for Proposals (RFP) #5215 to Mauldin & Jenkins to conduct auditing services for Orange County in the amount of$76,000 (first year); and authorize the Manager to sign the contract on behalf of the BOCC pending staff and attorney review. g. Amendment to the Orange County Code of Ordinances —Adoption of the Appendices to the North Carolina Fire Prevention Code The Board amended the Orange County Code of Ordinances related to Emergency Services and Fire Protection by adopting the appendices to the North Carolina Fire Prevention Code and authorized the Chair to sign. 7. Regular Agenda a. Consideration of a Third Party Analysis to Prioritize School Capital Projects The Board considered authorizing staff to proceed with the solicitation of a consultant to conduct a comparative analysis of school facility needs and to prioritize those needs based on standard criteria. Travis Myren reviewed the following information: BACKGROUND: During the September 29, 2015 joint meeting of the Board of County Commissioners, the Chapel Hill-Carrboro Board of Education, and the Orange County Board of Education, the Boards discussed the possibility of the County engaging a third party consultant to compare and prioritize the capital needs of both districts. Since that time, no final decision has been made by the Board of Commissioners about whether to proceed with this type of analysis. During the joint meeting, staff from each of the school districts presented facility improvement needs. These needs were based on comprehensive facility assessments conducted by architectural firms. The assessments focused on repairs, renovations, and upgrades of existing school facilities. The Chapel Hill-Carrboro analysis included the District's ten oldest schools while the Orange County Schools analysis studied all of the District's facilities. The combined cost of the recommended improvements totaled approximately $330 million. Since the total cost of the recommendations exceeds the amount of funding contemplated by the bond referendum for school facility improvements, the Boards discussed whether the 9 County should hire a third party consultant to prioritize projects. The consultant would review the facility assessments prepared on behalf of each of the school districts and would apply a set of standard criteria to rank and prioritize those projects. The criteria would include life, health, and safety needs, security needs, sequencing based on operational needs, and structural and mechanical needs. This process would establish an empirical element to the consideration of capital projects and may help inform the Board of Commissioners' deliberations on how to apply the proceeds of a bond referendum and other Capital Budget and Capital Investment Plan funds. Commissioner Price asked if the two school systems have hired consultants to do analyses, then why is the County suggesting doing this now. Chair McKee said Commissioner Jacobs asked to put this on the agenda. Commissioner Jacobs said there are certain criteria that cut across both sets of recommendations that may or may not produce the same priority list. He added that since the Board would be approving $120 million, such an analysis would allow the Board more comfort with what was being recommended, and that it met the criteria that the Board deems important: physical safety of the students, the health and safety in the buildings, the capacity of the buildings, and the technological and other deficiencies in the buildings. Commissioner Jacobs said these variables could be compared on a grid and see which items came out the highest. He said if this analysis is not done then the Board of County Commissioners has not vetted anything. Commissioner Price asked if the BOCC could do the vetting or does Commissioner Jacobs feel a third party is necessary. Commissioner Jacobs said he thought it would be helpful to have someone guide the Board through this process and he wanted to take a fresh look. He said it never hurts to challenge one's assumptions. Commissioner Price said no problems have been found with what the schools have presented. Commissioner Rich asked if there is an established vetting process. Chair McKee said currently there is none except to follow what the schools have submitted. PUBLIC COMMENT: CHCCS Board Chair James Barrett said as the Board considers this item he wanted to make sure it has a clear view of what has already been done, and what is currently being worked on. He reviewed a handout that was provided to the Board which gave an overview and justification of the priorities. He said he is always willing to speak to any of the commissioners. James Barrett referred to the centralized Pre-K program at the Lincoln Center, noting it will add capacity at the existing schools. He said it is the cornerstone of addressing capacity issues, as renovation is not possible at the elementary schools. He said this project would provide several other enhancements to the district and the community at large. He said adding a consultant does not enhance this process. He expressed appreciation for the BOCC's commitment to the schools via the bond, and asked that a consultant not muddy the process. OCS Board Chair Donna Coffey said she is here to speak on behalf of their board. She said three years ago, OCS spent over $253,000 of pay-as-you-go capital money in comprehensive, all-inclusive, safety and condition studies for all facilities. She said CHCCS embarked on similar studies. She said the results showed excessive facility needs, at the cost of$160 million. She said their board has spent countless hours reviewing their consultant's 10 information, knowing bond funds would not be able to address all needs. She said the priorities identified are: safety; replacement of failing mechanical equipment; additional seats to accommodate the growing high school population; updating food service facilities and equipment; and replacement of the 50-year old transportation facilities. Donna Coffey also discouraged the use of a third party consultant. She said both school boards have done due diligence in putting forth credible, priority projects that fall within the limits given. Chair McKee said the comments from the Board chairs are greatly appreciated. Commissioner Dorosin referred to the CHCCS hand out, noting the first item is Glenwood Elementary. He asked if this project is being funded already from the CHCCS fund balance. Todd LoFrese said yes. Commissioner Dorosin said the handout states that this project is listed as not meeting "OC standards" upon completion. He asked if there could be further clarification on this point. Todd LoFrese said Glenwood is a school that the architects and engineers determined needs to be replaced rather than renovated for various reasons, which he reiterated. He said the solution for now is to create a secure vestibule in the front of building, provide support spaces for teachers, insure all bathrooms are ADA accessible, and to keep it running for 10 to 15 years while other projects are addressed and other factors unfold. Commissioner Dorosin asked if the column marked "capacity" referred to increase. Todd LoFrese said yes. Commissioner Pelissier said regardless of what the BOCC thinks generally, she does not find it practical to have a consultant due to time constraints. She said it is way too late to consider, and she would not consider it either way. Commissioner Pelissier said recent SAPFO numbers show some student population decreases, which may be temporary and may not. She asked if there is a way to have some projects but not necessarily do them if capacity decreases. She asked if there is a way to be flexible with some of these priority projects. Todd LoFrese said the student population decrease is viewed more as a "breather", and there is an entire school's worth of modular units throughout their district. He said these should not be relied on long term to address capacity. He said these modular units will all need upgrades and renovation, which CHCCS deems as a drain on resources. Commissioner Jacobs asked if the number of modules in phase 3 is known. Todd LoFrese said about 25, and the rest would be in phase 2. He said many of the modules are used for Pre-K classes, and if those classes are relocated to the Lincoln Center, then the modules can be used as swing space while addressing other projects. Commissioner Burroughs said hiring a consultant at this point is not feasible from a time standpoint and would be a waste of funds. She said both districts have discussed this issue for three years and not just the current boards but past boards too. Commissioner Burroughs said their school boards do not serve at the pleasure of the BOCC but are elected by the same voters who vote for the Commissioners. She said some work has already begun and an additional consultant would be a duplicative process. She discouraged the BOCC from voting for this. Commissioner Rich said she could go either way on this item and she has talked with citizens about this over the last 10 weeks, while she was campaigning. She said she still has some concerns with how projects are being considered. She said she gets hung up on Chapel Hill High which is projected to cost $52 million. She said it is difficult for her to go to tax payers and tell them how much projects cost, especially for one building. She values a second opinion but does not think she needs a consultant to tell her what she already knows. She said taxpayers are concerned about how the Board of County Commissioners is spending 11 money. She said she is 100% behind the bond but she wants to be responsible and good stewards of the citizens' money. Commissioner Price agreed with Commissioner Burroughs, saying if a consultant was to be used, it should have come first, not at the end of the process. Commissioner Pelissier said the BOCC does not have a full understanding about these priority projects and the joint meeting in April will allow the BOCC to dig a little deeper with the school boards. Commissioner Rich agreed with this but she wonders at what point are the final decisions made on these projects. She asked if the need is to build a Cadillac or can a Chevrolet suffice. Commissioner Rich gave an example of the Eubanks Solid Waste Center which came in over budget. She said the Towns questioned the amount and the County did call in a consultant to review, which saved a lot of money, and no one was offended. Commissioner Burroughs said there are construction standards negotiated between the Districts and the County. She said it may be time to review these standards but that should be done separately from, or concurrent to, this bond process. Commissioner Pelissier said the priorities are different from questioning the costs. Commissioner Dorosin said there is a bigger issue that this conversation has revealed, which is the nature of communication between the Board of County Commissioners and the school boards. He said there is a sense from the school boards that the County does not trust them, and a sense that the County questions why the schools boards should always be trusted. He said there is history there but this current Board of County Commissioners is starting to understand that the issues, on which everyone is focused, are interrelated. Commissioner Dorosin said both school boards kept the Board of County Commissioners informed, but BOCC feedback was not necessarily desired. He said everyone must work together in sync. He said this bond is only going to fund a piece of all the schools' needs and they all have a different set of ideals as to how this process should go forward. He said, moving forward, there should be a real commitment to have dialogue about these projects. Commissioner Dorosin disagreed with Commissioner Pelissier, and said the goal of capacity should not be scaled back. Commissioner Jacobs said the school construction standards tried to address a wide variety of issues. Commissioner Jacobs said he had been saying all along that he would like to challenge assumptions. He said the centralized Pre-K program is a major leap, and the BOCC has not fully discussed it. He said CHCCS School Board member Margaret Samuels is an expert in this area, and is a valuable resource. He said a conversation about cost versus capacity versus safety needs to occur, and he is not sure why the safety issues in phase 3 are not in phase 1. He said the Board of Commissioners has not had this conversation. Commissioner Jacobs said the Board has a work session on April 12th and he suggested inviting the facilities staff to attend. He said this conversation would occur prior to the joint meeting with the schools at the end of April. He said he was disappointed in the consultant proposal since it would not come to the BOCC until after it adjourned for the summer break. Commissioner Jacobs said he would be glad to have conversations with school staff or board members about this since $120 million is going to be spent, and he wants to feel comfortable about his fiduciary responsibilities. Commissioner Rich said she liked some of Commissioner Jacob's suggestions. Commissioner Rich referred to the issue of communication and said she is trying to meet with a school board, or administration, member monthly. She said the schools use scare 12 tactics with parents, and conversations need to occur before the school boards send out panic emails during the budget seasons. She said most of this information is incorrect and she would like to change this process. She said everyone should be a partner in this process. She encouraged the schools and the BOCC to be open to being questioned without being defensive. Commissioner Burroughs encouraged Commissioner Rich's practice of one-on-one meetings with school related personnel. She referred to safety issues, saying the County has two school districts, which reflect two different cultures around safety and School Resource Officers. She said she agreed about having further discussion in a work session. Commissioner Pelissier agreed with the work session suggestion. She said this is a communication challenge not a communication problem, and the bond issue is a whole new phenomenon with which neither the Board of County Commissioners nor the school boards have experience. Chair McKee asked John Roberts if this will this be the last opportunity to discuss these projects. John Roberts said no. He said bond topics are open for discussion. Chair McKee asked if discussion about specific projects would be possible. John Roberts said yes. Chair McKee said he does not support an additional consultant as it will only create angst, and there will be plenty of opportunities to discuss these projects going forward. A motion was made by Commissioner Price, seconded by Commissioner Jacobs to set aside this item, and to use two upcoming BOCC meetings, one with facilities staff and one with the joint boards, to discuss these projects in more detail, and not to hire a consultant. VOTE: UNANIMOUS b. Introduction of Bond Orders and Scheduling of Bond Order Public Hearing in Preparation for Planned November 2016 Bond Referendum The Board considered: 1) Introducing two bond orders which state the Board of County Commissioners proposal to issue General Obligation Bonds to pay capital costs for providing school facilities and for housing for persons with low and moderate income. • The first bond order introduction authorizes the issuance of General Obligation Bonds in an amount not to exceed $120 million to support school facilities. • The second bond order introduction authorizes issuance of General Obligation Bonds in an amount not to exceed $5 million for housing for persons with low and moderate income. 2) Adopting a resolution authorizing a public hearing on each bond order for April 19, 2016 at 7pm at the County's Southern Human Services Center, 2501 Homestead Road, Chapel Hill, NC. BACKGROUND: The Board of County Commissioners adopted a resolution on October 6, 2015 for the County to issue up to $120 million for Schools and up to $5 million for Affordable Housing. The Board made a determination to proceed with a referendum on November 8, 2016 seeking voter approval/authorization to issue County General Obligation Bonds in an amount not to exceed $125 million. 13 The next steps in the bond authorization process will be for the Board to hold a public hearing. The public hearing is currently scheduled for the April 19 Board meeting. Following the public hearing the Board will be asked to take final action to approve the Bond Orders, and then consider a resolution formally calling for the November bond referendum and approving the ballot questions. It should be noted that the Board established the maximum amounts of each bond order by resolution on October 6, 2015, and the Board cannot consider increasing the amounts of the bond orders as part of this process/action or as part of the proposed April 19th public hearing. FINANCIAL IMPACT: There is no financial impact related to this action. However, there will be a financial impact if the referendum is approved. The tax rate equivalent for the estimated highest debt service payment is expected to range from 3.70 cents up to 5.83 cents per $100 of assessed valuation. The projected debt service conforms to the County's debt policies and debt affordability analysis, which was completed by the County's financial advisors. Bob Jessup, Bond Attorney, said he is here for the next set of formal steps for the bond. He said there will be two other occasions when he will come to the Board but tonight they are here to introduce the bond orders. Bob Jessup said statute requires that there be a first reading on the bond orders followed by a public hearing. Chair McKee asked if there could be clarification regarding the necessary motions. Bob Jessup said there must be a motion to introduce the two bond orders as presented, followed in the same motion, or a separate one, to adopt the resolution calling for the public hearing. Commissioner Price asked if typically two meetings are held: one in the southern part of the County and one in the northern part. Bob Jessup said legally one public hearing must occur, but two can occur; and it is at the Board's discretion. He said the tasks scheduled for the next meeting must be completed by the time the Board breaks for the summer. Donna Baker said the first meeting will take place on April 19th Commissioner Price said she would like to have a meeting at each end of the County with the one in the northern end on May 5th Bob Jessup said yes and to note this as such in notices. Commissioner Rich asked if the purpose this evening is to authorize the initiation of the bond financing. Bob Jessup said there will be no discussion of specific projects just the financial totals and their major assignment. He said specifics will come in two ways: • a list of projects for which the funds are needed • at the time of borrowing, after the referendum has passed, specific amounts will be allocated to specific projects as previously determined between the BOCC and the school boards, affordable housing partners, etc. Chair McKee said the following agenda item discusses a committee that will look at these specifics. Commissioner Rich asked if one committee will look at both school and affordable housing priorities. Chair McKee said that is open for discussion. Commissioner Jacobs said as a word of caution, the Board may want to vary from what was put in the bond sales package, and that should be discussed in consultation with schools 14 and affordable housing stakeholders. He said voters can understand that specific priorities may need to shift position within the list of the priorities. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to introduce the two bond orders as presented and to approve the resolution setting the public hearing on the bond orders for April 19, 2016 with the inclusion of a May 5th public hearing. VOTE: UNANIMOUS c. Proposed Establishment of Bond Education Committee Including Structure and Charge The Board considered establishing a Bond Education Committee that will develop and assist in disseminating information to voters concerning the November 8, 2016 bond referendum and consider a proposed charge to, and structure of, that Bond Education Committee. Commissioner Rich asked if there is a plan for how affordable housing will be discussed. Chair McKee said he understood her concern, but asked if there are two separate committees how will they be coordinated. Commissioner Rich said perhaps two committees are not needed, but she wanted to make sure that affordable housing does not get drowned out. Commissioner Burroughs said there are a disproportionate number of housing representatives on the committee, as related to the amount of funding, which she deems acceptable as the community knows less about affordable housing. She said she believes that one committee can focus on both topics. Commissioner Rich asked if the chair of this committee is known. Chair McKee said the BOCC will need to decide this. Commissioner Pelissier said this is an education committee, not one for prioritizing the projects. She said the Board of Commissioners will determine the priorities and this committee will then create a plan for public education. Commissioner Price said she would favor one committee. Commissioner Jacobs said the BOCC passed a resolution in the spring and these conversations need to be tracked. He said the affordable housing discussion may take more time. Commissioner Jacobs echoed Commissioner Pelissier's comments stating that education is different than formulating a plan. Commissioner Dorosin said the affordable housing plan will be coming to the BOCC on April 5th and that track is moving forward in time for this committee. Commissioner Jacobs said how does the affordable housing plan relate to the housing providers in the community, the municipality's plans, and taking this to the voters because historically topic has been a hard sell with the community. Bonnie Hammersley said the Housing Director is already scheduled to make a presentation of this plan to the community. She said the municipalities and the stakeholders all have a draft copy of the plan. She said several meetings are scheduled to present to the stakeholders and she will review dates and locations of those meetings. Commissioner Jacobs said in 2001 the committee co-chairs were selected by the Board of County Commissioners. Chair McKee said that would be in the Board's purview to decide. 15 Commissioner Dorosin asked if there are legal restrictions on what the County can and cannot do, as relates to educating the public and promoting the bond. John Roberts said yes, the County cannot expend funds to promote one viewpoint or the other, but funds can be spent to educate the public and encourage the public to vote. Proposed Committee Composition: 4 Orange County residents 2 CHCCS representatives 2 OCS representatives 1 Affordable Housing Advisory Board Representative 3 Affordable Housing Non Profits' Representatives 2 Board of County Commissioners Support/Technical Staff: Manager's office, Community Relations, Housing Staff PROPOSED CHARGE TO BOND EDUCATION COMMITTEE NOVEMBER 8, 2016 BOND REFERENDUM • Become familiar with the purpose of each of the bond orders • Become familiar with the projects expected to be addressed with bond funds • Understand the community needs that led the Board of Commissioners to adopt each of the bond orders • Assist in developing appropriate informational materials that will address the bond orders • Assist in designing and implementing a campaign to distribute relevant factual information about the bonds to Orange County residents in the most effective and efficient manner possible, using multiple media and information outlets • Assist in designing and implementing a process for information meetings with civic groups, non-profit agencies, neighborhood associations, and other interested parties in the community • Ensure that equal access to information is provided to all individuals and groups • Encourage all voters to participate. A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to: 1) review the information above and attached and revise as appropriate; 2) move forward with establishing the Bond Education Committee; 3) approve the proposed Committee structure and charge; 4) direct the Clerk to the Board to contact both school systems and the local housing non- profits for potential appointees, and also begin advertisement for residents interested in serving on the Committee; and 5) direct the Clerk to develop an agenda item based on the feedback from the school systems, housing groups, and the public in order for the Board to consider making Committee appointments at the May 5, 2016 regular Board meeting. 6) Board of County Commissioners will appoint two co-chairs of the committee. VOTE: UNANIMOUS 16 A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to nominate Commissioner Dorosin and Commissioner Burroughs to be the Commissioner representatives on this committee. VOTE: UNANIMOUS Chair McKee skipped to appointments and then came back to the Manager's report. 8. Reports NONE 9. County Manager's Report Proposed March 29, 2016 Work Session Topics • 2016-2021 Manager's Recommended Capital Investment Plan Presentation • Employee Pay & Benefits • Orange County Government Workforce Demographics Bonnie Hammersley said the Board members have all received a draft copy of the housing strategic plan. She said the Orange County Housing Director will present the plan for community input on the following dates: o March 29th, Whitted Building, 6:00 p.m. o April 5th, BOCC regular meeting —Whitted Building, 7:00 p.m. o April 6th, Partnership to End Homelessness meeting — Southern Human Service Center, 5:30 p.m. o April 8th, Housing Coalition — Habitat office in Chapel Hill, 9:00 a.m. o April 11th, Human Rights Commission —Animal Services Facility, Chapel Hill, 5:30 p.m. o Date and time TBA, Affordable Housing Advisory Board 10. County Attorney's Report John Roberts said at the last BOCC meeting that the Department of Environment and Natural Resources was interpreting new stormwater regulations but they would not apply to Orange County. He said he has also heard that buffer regulations are being interpreted, and again Orange County is not a part of that. He said he will forward any information he receives. 11. Appointments a. Animal Services Hearing Panel Pool —Appointments The Board considered making appointments to the Animal Services Hearing Panel Pool. A motion was made by Commissioner Dorosin, seconded Commissioner Jacobs to appoint the following to the Animal Services Hearing Panel Pool: • Appointment to a partial term (position #16) "Animal Services Board Member" representative for Caroline Green expiring 03/31/2017. • Appointment to a first full term (position #17) "Animal Services Board Member" representative for Beth Groom expiring 03/31/2018. • Appointment to a first full term (position #18) "Animal Services Board Member" representative for Michelle Walker expiring 03/31/2019. 17 VOTE: UNANIMOUS Commissioner Price said she had concerns. Commissioner Dorosin said there are many openings, and the process needs to move forward. A motion was made by Commissioner Dorosin, seconded by Commissioner Burroughs to appoint the following to the Panel: • Marcia Adams to Position #12 —At Large Unincorporated County Position - for a first full term with an expiration date of 3/31/2019. • Jean Austin to Position #13 -At Large Unincorporated County Position- for a partial term with an expiration date of 3/31/2017. • Cathy Munnier to Position # 14 -At Large Unincorporated County Position -for a first full term with an expiration date of 3/31/2018. • Brenda Baldwin Scott to Position #11 -At Large- for a first full term with an expiration date of 3/31/2018. VOTE: UNANIMOUS b. Carrboro Planning Board —Appointment The Board considered making an appointment to the Carrboro Planning Board. A motion was made by Commissioner Price, seconded by Commissioner Jacobs to appoint the following to the Carrboro Planning Board: • Appointment to a 6th full term (Position #1) ETJ position for David Clinton expiring 02/28/2019. VOTE: UNANIMOUS c. Nursing Home Community Advisory Committee —Appointments The Board considered making appointments to the Nursing Home Community Advisory Committee. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to appoint the following to the Nursing Home Community Advisory Committee: • Appointment to a partial term (Position #11) At-Large Nursing Home Administration position for Maria Hardin expiring 12/31/2016. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to appoint Ms. Susan Adams to Position #6--- "At-Large" Position expiring 03/31/2019. VOTE: UNANIMOUS 18 d. Orange County Planning Board —Appointments The Board considered making appointments to the Orange County Planning Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Dorosin to appoint the following to the Orange County Planning Board: • Appointment to a second full term (Position #1) "Cedar Grove Township" for James Lea expiring 03/31/2019. • Appointment to a first full term (Position #6) "Eno Township" for Laura Nicholson expiring 03/31/2019. • Appointment to a second full term (Position #8) "At-Large" for Paul Guthrie expiring 03/31/2019. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Dorosin to appoint Kim Piracci to Position #10--- "At-Large" Position expiring 03/31/2019. VOTE: UNANIMOUS 12. Board Comments Commissioner Rich asked John Roberts if he could clarify new rules regarding how elected officials' votes may be affected by leaving the room of a meeting. John Roberts said he has not seen this for counties and there are differences between counties and towns. He said he will get back to the Board with more information. Commissioner Price said she went to the 38th Annual Mental Health Breakfast, which was wonderfully executed. She said she also went to the UNC Climate LEAP program, which is a group of high school students dedicated to the climate and other environmental issues. She said this group of students greatly encouraged her. Commissioner Burroughs said an email was received last week from Health and Human Services regarding the newly defined mental health regions. She asked if information regarding the impact of this could be gathered. Commissioner Dorosin had no comments. Commissioner Pelissier had no comments. Commissioner Jacobs said it is not a positive with a larger entity for mental health and he would like an analysis from staff before the legislative breakfast occurs. Commissioner Price said she and other commissioners from across the state, of all political persuasions, repeatedly expressed concern with this change in the mental health system, but the change was made anyway. Chair McKee said this change was possibly made at the instigation of some of the major players. 13. Information Items • March 1, 2016 BOCC Meeting Follow-up Actions List • BOCC Chair Letter Regarding Petitions from March 1, 2016 Regular Meeting 14. Closed Session 19 A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs to go into closed session at 9:32 p.m. for the purpose below: "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5). Closed Session Minutes "To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee" NCGS § 143-318.11(a) (6). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs to reconvene into regular session at 10:35 p.m. VOTE: UNANIMOUS 15. Adjournment A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs to reconvene into regular session at 10:35 p.m. VOTE: UNANIMOUS Donna Baker, Clerk to the Board Earl McKee, Chair