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HomeMy WebLinkAboutMinutes 03-28-2017 1 APPROVED 4/18/2017 MINUTES BOARD OF COMMISSIONERS WORK SESSION March 28, 2017 7:00 p.m. The Orange County Board of Commissioners met for a work session on Tuesday, March 28, 2017 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Earl McKee, Mark Marcoplos, 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 Dorosin called the meeting to order at 7:02 p.m. Chair Dorosin said there is an item that needs to be added to the agenda: Board of Equalization and Review -Appointments The Board will consider the appointment of two (2) regular members from the list of appointed alternates and one (1) additional alternate to the Board of Equalization and Review. Board of the County Commissioners (BOCC) will designate a Chair from the list of appointed regular members. A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to appoint Barbara Levine and Karen Morrisette as regular members. VOTE: UNANIMOUS A motion was made by Commissioner Marcoplos, seconded by Commissioner Jacobs to appoint Reginald Morgan as Chair. VOTE: UNANIMOUS A motion was made by Commissioner Burroughs, seconded by Commissioner Marcoplos to appoint Pam Davis to an alternate position. VOTE: UNANIMOUS POSITION NAME SPECIAL DATE OF REPRESENTATIVE APPOINTMENT At-Large Reginald Morgan-Chair Regular Member 03/21/2019 At-Large Barbara Levine Regular Member 03/28/2019 At-Large Karen Morrisette Regular Member 03/28/2019 At-Large Pam Davis Alternate Member 03/28/2019 2 1. BOCC External Advisory Board Appointees BACKGROUND: The Board had suggested in 2014 to invite County appointed advisory board representatives to external boards to a work session in order to give these appointees an opportunity to provide updates/concerns on issues they believe should be brought to the Board's attention related to their advisory board service. It is in everyone's best interest to improve communication with these Orange County representatives, and to better coordinate their work for the betterment of the County. These appointees have been solicited to submit updates, concerns and suggestions ahead of time, if they wish, but none were received. The appointees have also been invited to address the Board at this meeting. The item's purpose is to gain a better line of communication between the Board and its appointees to external advisory boards. • Carrboro Northern Transition Area Advisory Committee —Anahid Vrana and Amy Jeroloman Amy Jeroloman reviewed the following portion of the handout: 3/28/2017 The Northern Transition Area Advisory Committee (NTAAC) whose primary purpose is to review and make recommendations about development and planning concerns in the area of Orange County under the jurisdiction of Carrboro, respectfully submits the following concerns and recommendations to the Orange County Board of Commissions: 1) Traffic along Old NC 86 & Eubanks Roads is problematic: As the Northern Study Area (NSA) has been developed, nothing has been done to improve the road infrastructure. a) Along Eubanks, traffic backs up at two locations: • The west end by Morris Grove, on school mornings the traffic circle comes congested so that cars back up to Old 86. • The east end by Martin Luther King Blvd, traffic will back up to the park and ride lot. b) Along old NC 86 between Calvander to Eubanks, during weekday mornings residents can no longer make a left turn onto 86 RE) Have to cross traffic. c) Old NC 86 is a major secondary road but this section is narrow, winding with slight blind hills, no shoulders, and motorists routinely drive aggressively and exceed the speed limit. Deer frequently cross this section, there are no bike lanes, and the shoulders are too narrow for pedestrians and/or curbside recycling use. 2) North-South Connector Road via Lake Hogan Farms Extension Remains Stalled: Given these ongoing traffic issues, the NTAAC would like to emphasize the importance completing the North-South connector road (Lake Hogan Farms Road Extension northward to Eubanks Road & Morris Grove School) to the future well-being of the NSA. This road extension would link Eubanks and Homestead Roads, provide an alternate route to Old NC 86, and improve traffic circulation and safety. Unfortunately, this proposed connector is dependent upon the Ballentine developers. It's the NTAAC's understanding that two bridge crossings are now being required to complete this connection to Morris Grove and Eubanks Road. As a 3 result the developer (MI Homes) does not plan to move forward given financial constraints of these bridges. Given the above issues, the NTAAC recommends the following: 1. The Commissioners request the DOT re-evaluate the traffic flows and patterns along Old 86 and Eubanks Roads. 2013 Corridor/Traffic Studies have 6,400 trips/day on Old 86. (In comparison Jones Ferry Rd has 8,600 trips/day.) Surely the number of trips have increased over the past four years. 2. We believe improvements can be made to both ends of Eubanks Road. • West end by Morris Grove can be improved by adding a dedicated right turn lane into the school. • East end by Martin Luther King Blvd can be improved by extending the existing right turn lane. 3. Any park or new development along Old 86 include traffic studies and specific plans and methods to mitigate the additional traffic. 4. Any new future park entrances along Old NC 86 be limited a one way right turn and exit through Morris Grove at Eubanks. 5. And finally, we strongly recommend that the Commissioners discuss these traffic issues along Old 86 and Eubanks roads during your Joint Review Meetings with the Towns of Carrboro and Chapel Hill, including the status of the North-South Connector Road via Lake Hogan Farms Extension. Anahid Vrana reviewed the remaining portion of the handout: 3) Excessive Trash along Old NC 86 Calvander to Eubanks: The NTAAC is also concern about the excessive trash along Old NC 86 (Calvander to Eubanks). We believe this will only get worse now that the Eubanks Road Solid Waste Convenience Center is closed for renovations until November. On Old 86, the trash is collected twice a year by the Highway Departments' prison systems. This schedule is not frequent enough. Old NC 86 is a major artery road feeding to the Solid Waste Center, and unfortunately garbage accumulates along this road at a more rapid rate than other locations. The Solid Waste staff routinely collects the road side garbage along Eubanks road. NTAAC recommends that the Commissioners ask Solid Waste Staff to extend the service of picking up the trash to this section of Old Hwy 86. (From Eubanks Road south to Calvander intersection.) 4) Carrboro's proposal to site light-industrial land uses on the Town-owned property: Recently it has come to the NTAAC's attention that the Town of Carrboro is considering permitting light-industrial land uses on the town property located at 7917 Old Hwy 86. (Presented to the Board of Aldermen by the Town's Economic and Community Development Director on September 20th 2016. The particulars of this meeting can be found here: 4 https://carrboro.legistar.com/LegislationDetail.aspx?ID=2839205&GUID=DE286B5B- CFDC-4C66-940A-35308E 132327&Options=I DITextI&Search=flex Has this proposed commercial use been discussed/presented to the Commissioners and what is your reaction to the idea? The NTAAC invited Annette Lafferty (formerly Annette Stone), the Town's Community Economic Development official, to discuss the project in person with us, but she has declined. Information on this development idea is clearly within the NTAAC scope but information has not been forth coming. Considering the already excess traffic pressure on Old NC 86, the neighbors have concerns about the effects of increased industrial development at this property. 5) Proposed FLX applicant/Development Located at Old NC 86 & Eubanks Roads: Over the past year most of the NTAAC's time was spent on understanding and refining the new FLX zoning that was approved by the town of Carrboro, and is now being implementing in our area of the county. Our committee is concerned that this new zoning will negate many of the existing well-constructed zoning rules. (We objected to the FLX zoning format but the town of Carrboro adopted it.) The first FLX zoning application has been submitted to Carrboro for the 25 acre plot at the corner of Eubanks Road and Old NC 86. In the coming months we will ask commissioners to be very attentive to this development. Added 3/29/17: Here is the link to find the video associated with the recent FLX item presented to the Board of Alderman on 2/7/2017. Go - 1 hr. and 17 mins into the video to get to FLX. http://carrboro.granicus.com/MediaPlayer.php?view id=2&clip id=137 6) NTAAC Continues to have one County Vacancy: The NTAAC has had a vacancy for many years and needs assistance in recruiting new members. Respectfully Presented/Submitted by: Amy Jeroloman - Orange County Rep to NTAAC and current Chair Anahid Vrana- Orange County Rep to NTAAC Commissioner Jacobs said traffic counts came up about a year ago, when a proposed widening of Highway 54 was being considered, but the traffic counts were out of whack so the Department of Transportation (DOT) was asked to provide updated information. He said the connector of which they spoke would have to be built by the Board of County Commissioners, so there may be a delay. He said the end of MLK Road is supposed to be re-done as part of the Carraway Village development. Commissioner Jacobs referred to the trash issue and said DOT will address this if called. Commissioner Jacobs said some of the Commissioners have concerns about what Carrboro is doing out there as far as development on Hwy 86 and he is concerned about no response from the Town or their Economic Development Director. 5 Commissioner Jacobs said the NTAAC should feel free to report any problems to the Board of County Commissioners, and it does not need to wait until this yearly meeting. Amy Jeroloman said the Town is difficult to get information from. Commissioner Jacobs said the Board thought that Carrboro was reaching out to the community when the Town made the presentation to the Board of County Commissioners. Amy Jeroloman said it is hard to get messages out, as there are no neighborhood associations or sidewalks in their area. She said there has been a vacancy on the committee for six years, and it is a County representative that is needed. She said there are people who would like to rotate off, but it would leave the committee as non-functioning. Commissioner McKee referred to the trash issue, and asked if the trash is a problem going north up Old Highway 86 towards Hillsborough. Anahid Vrana said yes, and it is car parts, construction debris, etc. Commissioner McKee said he has had good results by talking to John Howell with DOT about the trash issue. Amy Jeroloman said calls have been made to him since February, and they had a pick up this past week, but it is not enough. She said there needs to be a regularly scheduled pick up. Commissioner Jacobs said there is a DOT luncheon tomorrow, and the BOCC can share these concerns with John Howell directly. Anahid Vrana asked if the Board was knowledgeable about the FLX zoning. Chair Dorosin said no. Anahid Vrana referred to her hand out which includes links to presentations about the FLX zoning. Chair Dorosin said he will ask planning staff to forward a summary to the Board. Commissioner Price asked if the intersection with light industrial could be identified. Ahahid Vrana said it is the corner of highway 86 and Britton Drive, before the power lines and contains a pond. Amy Jeroloman said there are no services on that side of the road. Carrboro Planning Board — Susan Poulton Susan Poulton said the Town of Carrboro voted against conditional re-zoning on the Lloyd property. On June 21, 2016, the Planning Board adopted amendments to the land use ordinance that added site-specific flexible zoning districts. She said it smacks of spot zoning, and eligibility is dependent on several criteria, including minimum track size and that the subject property has been the subject of a site specific plan and study by the Town. She said this refers mostly to the property, at Eubanks Road and Old 86. She said the Town is looking for a mixed-use proposal for this space. She there was a charette over five years ago. She said the owners of this property have not submitted a formal application for rezoning. Susan Poulton spoke about residential portions of Claremont South along Homestead Road. She said a plan has been submitted for a commercial building with apartments above. Susan Poulton said the Town has approved the first phase of the project at 610 Homestead Road, and construction plans have not yet been submitted. Susan Poulton said a Hilton Garden Hotel has been approved in the Town of Carrboro. She said the Planning Board is also dealing with AirBnBs. She said there is some stormwater infrastructure construction related to the project, and this also serves a large community need. She said there are lots of other projects going on in town as well. She thanked the BOCC for its interest in the Town and acknowledged the Town's disrespect of the County. Susan Poulton agreed with the need for a traffic study in the area of Eubanks Road and Old Highway 86. 6 Commissioner McKee asked if there a status update on the Lloyd's property. Susan Poulton said it has been purchased, but it is in limbo. She said the Planning Board has turned down two proposals. Commissioner Rich asked if there is a status update on the CVS property. Susan Poulton said this property has not come before the Planning Board. She said CVS owns the property. Chapel Hill Parks, Greenways and Recreation Commission — Mary Musacchia Mary Musacchia thanked the Board of County Commissioners for her appointment these past two terms, and she will be rolling off the Commission in June. She reviewed highlights, and the big issue is the Morgan Creek Trail. She said a bridge will be going across it, and this will be critical with connectivity. Mary Musacchia said another issue is that Orange County and Chapel Hill has shared relations on Millhouse property, and last year they had Chapel Hill to reach out to Orange County for planning purposes. She said there is etiquette to the process of communication, and the Commission believes this property needs planning attention that should start sooner rather than later. Mary Musacchia said another strong concern is the concept of inclusion playgrounds, which should be a standard for all parks. She said this is planned for Cedar Falls Park currently. Mary Musacchia said another topic is the Ephesus Fordham development. She said several years ago Chapel Hill did not include the Commission as part of the development process. She said staff is well involved, but the Commission is not included from a parks mentality. She said this area is at the southern end of Booker Creek, and she said the Commission recommended green space along Booker Creek, such as trails, benches, etc. She said daylighting requirements were also recommended, as well as a code modification for this type of district. She said the request was that 8% of the development be publically accessible. Mary Musacchia said another concern of the Commission is the Legion Road property. She said the Town of Chapel Hill chose not to exercise its right of first refusal, a decision, with which, the Commission disagreed. She said in December 2016, the American Legion Post purchased this 36-acre tract, which is adjacent to another 10-acre tract, which is a park. She said the entire area is about 46 acres and it about the size of a community park. She said Chapel Hill is currently considering how it would be able to purchase all of this land. She said there is strong consideration for whether or not some portion of that land should be sold, once it is acquired, or should there be a public-private partnership, etc. She strongly urged the Board of County Commissioners that this is one of the densest sections of Orange County, and it is an opening to the treasured asset that is the Town of Chapel Hill. She said there are not adequate facilities to handle the residents from Chapel Hill, Carrboro, and Orange County, and she implored the County to be involved in the future of this land. She said she advocates keeping the parcel a contiguous property, and using it as a community park. Mary Musacchia said her final topic is summer camps, which were full within six hours of registration being opened. She said there are waiting lists, even though camps have been expanded to include 80 additional slots at Frank Porter Graham. She said the camps cannot be expanded further because facilities are maxed out. She asked the BOCC to consider that the Legion Road property could also be a possible site for future camps, inclusive playgrounds, etc. Commissioner Rich thanked her for her service, and encouraged her to look for another board on which she could serve. 7 Hillsborough Board of Adjustment— David Remington David Remington said he has been happy to represent Orange County on this Adjustment, and in past terms on the Planning Board. He said extraterritorial jurisdictions (ETJs) have been respected very well. David Remington said Hillsborough's emphasis on zoning and development is to encourage business development north of Town, so as not to add to the traffic problems. He said Eno River Academy Charter School has been approved on Highway 57, and he encouraged the Board of County Commissioner to be aware of, and a part of the coordination of, planning and zoning in around the Town. David Remington said another topic for discussion is pedestrian and bike connectivity. He said there has been and a lot of work done with greenways within the Town, but there are many residents outside of the Town limits, and there is a real need for pedestrian access. He said new developments were supposed to install sidewalks, but the Town has been taking payment in lieu in hopes that with enough funds there could be a more coordinated approach to sidewalk connectivity at some point. Commissioner Jacobs said David Remington may want to approach the Orange Unified Transportation Board (OUTBoard), which is also interested in pedestrian access. 2. County Commissioners — Boards and Commissions —Annual Work Plans/Reports Boards and their representatives below: • ABC Board: already presented at March 7th meeting • Adult Care Home Community Advisory Board: Max Mason, Chair Max Mason said he does not have a formal presentation, but does have a few issues for discussion. He said the main issue is reimbursement for individuals that require special assistance to pay for their care. He said as facilities struggle to make ends meet, due to low reimbursement rates, they are looking for ways to not admit these individuals. He sees this becoming an increasing problem as the population ages. He said rates received are very low. He said the Advisory Board will lean heavily on the Department on Aging to assist with getting learning initiatives into some of their facilities. Commissioner Burroughs asked if the state sets reimbursement rates. Max Mason said yes, and it is about $36/day, which is not a lot to work with. Commissioner Burroughs encouraged the Advisory Board to contact legislators to inform them of these needs. Commissioner Rich asked if the North Carolina Association of County Commissioners (NCACC) is doing anything to work with the adult care boards. She said this is another avenue to work with, as the NCACC comes up with legislative goals to forward to the state. Commissioner Price said NCACC designates a steering committee, and there is one on health and human services, which is focusing heavily on mental health. Commissioner Price suggested talking to their delegation about this. Max Mason said he would be happy to do this. • Advisory Board on Aging: Peggy Cohn, Chair Peggy Cohn said assisted living and nursing home care in the County is very important, and the struggles are entangled with Medicaid funding. Commissioner Burroughs said to copy the Board of County Commissioners on these discussions. 8 Commissioner Jacobs also encouraged the boards to copy the BOCC on this. He said he had to deal with facilities with his own mother recently, and noticed a vast difference between those paying publicly and those paying privately. He would be interested in knowing if there are problem facilities in this County, as well as political problems. Max Mason said the performance of these facilities needs to be improved. Peggy Cohn said she is very proud of the Department on Aging, which is greatly supported by the Board of County Commissioners but as well as staff members Mary Fraser and Janice Tyler. Peggy Cohn said the BOCC is familiar with the Master Aging Plan (MAP), and the number of older adults is increasing daily in Orange County. She said the MAP has gotten input from all segments and organizations in Orange County, and the Board of County Commissioners will be getting a final report on the MAP in May. She emphasized volunteerism with the aging population, and said Orange County senior centers have been recognized nationwide. She said diversity is thriving, and the Advisory Board will push for expansion of these senior centers. • Affordable Housing Advisory Board: Arthur Sprinczeles, Vice Chair Arthur Sprinczeles said the Advisory Board focused this past year on monitoring the bond, which passed. He said the affordable housing tour was completed, which some of the Commissioners attended. He encouraged the Board of County Commissioners to attend one of their meetings. He said the Advisory Board conducts and annual review of outside agency requests to assist the Manager's office. He said in 2017 the AHAB will look for barriers for affordable housing, and how to remove them; look at what other counties do in regards to affordable housing; place an emphasis on affordable rentals. Commissioner Jacobs asked if there is an organization that provides affordable housing just for seniors. Arthur Sprinczeles said he would research this question. • Arts Commission: Tim Hoke, Chair Tim Hoke said his commission is trying to grow the arts in Orange County, and their new director is helping them. He said they are reevaluating their board services, and they have been under probation from the North Carolina Council of the Arts, and they are working to meet some of their identified concerns. He said the Commission is working on countywide collaboration. He said there are 171 different art organizations in Orange County, which generate about $3.5 million into government funds. He said the Commission is trying to increase their social media presence, and they are working with arts in education, tourism, and creating "art maps" for visitors who come to the area and seek to engage with the arts. Commissioner Price asked if the Commission has done anything with veterans and the arts. Tim Hoke said the Commission is looking at focus groups, and this could be one area to consider. Commissioner Jacobs asked if the Commission's art map includes bookstores. Katie Murray, Arts Commission Coordinator, said literary venues are included. Tim Hoke said if they do a map and someone is left out, the Commission can contact them to add entities. Commissioner Jacobs said he would like to bring more attention to bookstores, and the art of writing. Commissioner Marcoplos asked if the probation could be explained a bit further, as he has always been impressed with the levels of arts in this community. 9 Tim Hoke said the Commission was told they were in non-compliance, but did not receive clear direction on issues. He said the Commission has addressed all issues that were brought to its attention, and should get a decision in June. • Agricultural Preservation Board: Renee McPherson, Chair/Peter Sandbeck Renee McPherson said some of their main accomplishments include 11 additional farms being added to the Voluntary Ag District and the Enhanced Voluntary Ag District, which added 1,084 acres, bringing the total acreage to 11,464. She said the board also hosted a breakfast meeting with about 75 attendees. She said moving forward her board will continue to encourage keeping farmland as farmland. Peter Sandbeck said the board is happy that the newly formed food council has asked one of their members to serve. He said Ken Dawson is fulfilling this role. Peter Sandbeck said there is new signage marking voluntary ag district farms, which is a welcome addition. Peter Sandbeck said they have worked with the Animal Services Advisory Board (ASAB) on what to do with the growing feline population in Orange County, and he said there is a program being considered called "working cats" that pairs cats needing homes with farms needing cats. Peter Sandbeck said an emerging issue, of which the BOCC is aware, is what is a bona fide farm. He thanked the BOCC for their support on this issue. Commissioner Jacobs referred to the issue of bona fide farms, and he asked if they could share their insight with the Board of County Commissioners on this issue. Commissioner Price asked if there are any comments from farmers about this. Renee McPherson said the farmers on the board look at the NC definition of a bona fide farm and try to match that. Commissioner Price said she would like to hear farmers' feedback on specific definitions of a bona fide farm. Renee McPherson said she could provide further information about this. • Animal Services Advisory Board: Maureane Hoffman, Chair/Bob Marotto Maureane Hoffman said she is new at this, and highlighted some of the most important issues: o Unified Animal Ordinance o Creating Pat Sanford's Animal Welfare Grant o ASAB and AS will pursue strategic plan to address pet overpopulation, especially with feral cats o ASAB serves as a sounding board for residents and the Board of County Commissioners Chair Dorosin said, due to the slower pace of the evening, he will cancel the closed session scheduled for the end of the meeting. • Board of Adjustment: Michael Harvey, Planning Staff No discussion. • Board of Health (BOH): Liska Lackey (Chair) and Interim Health Director Dorothy Celenti Liska Lackey said Coby Austin, Policy Director, is in the audience. 10 Liska Lackey just completed the 4-year community health assessment, with over 1,200 responses being received. She said the ultimate outcome is three shared priorities that were identified: 1) Social Determinants of Health; 2) Physical Activity and Nutrition and 3) Mental Health and Substance Abuse. Liska Lackey reviewed highlights from the year: o BOH is reviewing ideas about making birth control available over the counter, and are proceeding slowly with this. o The Family Success Alliance (FSA) celebrated its second anniversary, and has a total of 5 navigators, which allows more families to be served. She said the kindergarten readiness program has been evaluated and determined to be an effective intervention. o Implemented an initiative to increase racial equity training among staff. o The BOH is a founding partner of No Kid Hungry NC, and are partnering with schools and community leaders to launch a summer meal program at Gateway Village Apartments, which is located in zone 4 of the FSA. o Partnering with University of North Carolina (UNC) health promotion and disease prevention to pilot on line the Go Napsack Tool in Orange County. o Syringe exchange now located in both Health Departments. o All four law enforcement agencies in Orange County now carrying naloxone. o Completed a mental health gap analysis. o Successfully launched an integrative and behavioral health services and Health Department clinic o Smoke free public places rule evaluated, and showed continued improvement in the percent of residents who are aware of this rule. E-cigarettes will likely be included in this rule shortly. • Chapel Hill/Orange County Visitors: Rosemary Waldorf, Chair She said tourism in Orange County has grown from $54 million/year in 1993 to $184 million in 2015. She said the County has over 2.5 million overnight visitors per year, and the industry has created 1,850 jobs, and tourism is successful because of the Board of County Commissioners. She said a consultant has been hired to do a study that looked at conference center facilities and indoor sports facilities, and the BOCC, and all other elected officials in the County, will be invited to their meeting for this presentation on May 24th at 8:00 a.m. She said there will be conclusions from this study in July, and surmised that anything that goes forward from this study will probably need a private public partnership. She said 7,000 people came through the Visitors Center last year. She said the visitors' center has no position on whether the facility should move to the old town hall, as that is a Town and County decision to make. She said a large part of their budget is spent on marketing, and they do a lot of partnering with the Towns. She said the National Association of Travel Journalists convention will be held in southern Orange County, the securing of which was a true countywide effort. She said HB2 has hurt them a lot. • Board of Social Services: Tamara Dempsey-Tanner, Chair/Nancy Coston, Director Tamara Dempsey reviewed the following highlights: o Local- employment services program (café); continues to work with NC FAST; energy program and child welfare; they serve between 15,000-20,000 clients; o State level- improvement plan-waiting for results; 11 o Federal level- moving target on federal level such as funding, etc. o Staff works diligently to insure families receive prompt service. Department of Social Services (DSS) is serving between 15,000 and 20,000. Commissioner Jacobs asked if the department's employment capabilities are sufficient to cover those on Medicaid being required to work. Nancy Coston said more staff would probably be needed to address these issues. She said processing something like that would take a great deal of time. Commissioner Jacobs asked if there is an estimate for the number of additional clients that may need to be served, and if she would share this information with their Congressman. Nancy Coston said she does not have this readily available but will get that information. • Commission for the Environment: Vice Chair Bill Kaiser and Peter Sandbeck Bill Kaiser said the Commission prepares news articles on environmental issues for publication in papers. He said he would like to get more information on water resources in Orange County, and to look for funding resources. He said he is interested in invasive plants, which are insidious. Commissioner McKee noted the severity of the hydrilla in the Eno River, and encouraged the Commission to monitor this closely. Bill Kaiser said the Commission is being kept aware of this. • Economic Development Advisory Board: Jim Kitchen, Chair and Steve Brantley Jim Kitchen thanked the BOCC for appointing three new board members last week. He reviewed the following highlights: o Small Business Grant Program has awarded 72 grants to date, and 245 jobs have been created or retained from these grants. The grants have primarily funded existing Orange County businesses in need of capital to expand operations. On occasion grants have been given to LAUNCH. o More fund requests submitted than grant funding available. To spread funds around, the average grant for the last two quarters has been around $2500. o Grant program funded at $100,000 per year, or $25,000 per quarter. Request made for BOCC to allocate additional funds to this program. o Orange County Farm Grant Program awarded 30 grants, with 83 jobs created or retained. Also more grants requested than funds available. o Working on a SWOT analysis to take a macro and micro look at the Economic Development Districts (EDDs). This analysis is important because there is a need to diversify the current tax place and make economic development a priority. Commissioner Marcoplos said there used to be a state of the economy annual breakfast, which the Chamber of Commerce eventually took on. He asked if this event could be reclaimed by Orange County. Jim Kitchen said they will research this. Commissioner Price asked if there has been any discussion to expand the digital infrastructure. Steve Brantley, Economic Development Director, said there are regions within the EDDS and the associated areas in Efland that are being reviewed. He said there is some amount of existing fiber and IT infrastructure in these areas. He said the Planning and IT 12 departments are working on this, and he remains in contact with them. He said expansion is being encouraged in the rural areas. Commissioner Price said she wondered if the lack of access in the rural areas was a hindrance to business growth. Commissioner Jacobs supported Commissioner Marcoplos' suggestion about the state of the economy breakfast coming back to Orange County. Steve Brantley said this will be discussed by the board and staff. • Historic Preservation Commission: Chair Todd Dickinson and Peter Sandbeck, Staff Todd Dickinson said in 2016 the Commission completed their final inventory of historical structures in Orange County. He said the Commission is partnering with Hillsborough to create a book of Orange County's significant historic resources. He said the Commission is slowly taking more responsibility for those historical resources that have fallen through the cracks. He said help is needed with this process, and no one is really looking after the historic resources in the extraterritorial jurisdictions. Todd Dickinson said the Commission has recently created a rural heritage small grant program, offering owners of endangered historic outbuildings, log structures, silos, etc. help in caring for these buildings. Todd Dickinson said the Commission has begun working with the County on the updating of the courthouse and the historic preservation parts of that work. Peter Sandbeck gave an update on the historic courthouse. He said there has been great cooperation between County staff and historians. He said a budget proposal will be forthcoming to the BOCC to keep that building in good condition for the next 100 years. He said the Commission is trying to promote/recognition of great houses in Orange County. • Housing Authority (HA): Jean Bolduc, Chair Highlights: o Home repair funds are much needed o HA stands in place for BOCC providing citizen oversight of the Section 8 housing program. There are preferences in the housing section 8 vouchers waiting list, as follows: local resident; veteran or surviving spouse of veteran wife; being elderly or disabled; enrolled in an education program intended to make one more employable; being in transitional housing; suffering displacement from housing that is being taken down; being in substandard housing; and being unduly burdened with rent (over 50% of income). o Homelessness was not a preference on this list, and the HA added this under HUD's definition as a preference that will trump all other preferences. Each preference has an assigned point value, and if a household met all preferences there would be a total of 55 points; but with addition of homelessness, it will increase to 60 points. Residents will rise to the top of their waiting list. • Human Relations Commission (HRC): Monica Richard, Chair Monica Richard thanked the BOCC for coming out to their two main events. She reviewed the following highlights: o 28th anniversary to celebrate the Pauli Murray Awards o Collaboration with Asset Management Services to investigate the accessibility issues in the County o Discussion of how to support those who are dealing with hate crimes 13 o Approached for support for a public forum about an issue that is happening in the schools Monica Richard said the Commission is in transition, and had a retreat to identify some issues to work on this year: o HRC application- - diversified application- leadership roles- attract those reflection of their community o Looking at collaboration with community partners o Members — issue driven and mentoring program o Build community awareness of HRC o Request additional $2000 for their board- to allow their sub- committees to be more engaged with their community such as snacks, bring in expert speakers and to give them donations Commissioner Rich said she attended both HRC programs, which were excellent, and she encouraged the HRC to work with Community Relations Director, Todd McGee. • Nursing Home Community Advisory Committee: Vibeke Tally, Chair Vibeke Tally said she is the new chair. She said the Committee has four nursing homes in Orange County, which it visits on a quarterly basis to meet with residents to discuss concerns. She said nursing homes are making good progress in their care, and the main issue at this time is high staff turnover, both front line and administrative. • OUTBoard: Heidi Perry, Chair Heid Perry said infrastructure is needed for bikers and pedestrians outside of the municipalities. She said it is one of the OUTBoard's goals to find money for this need. She reviewed highlights of their report. Commissioner Marcoplos asked if there has been any discussion about a bike route from Chapel Hill-Carrboro to Hillsborough. Heidi Perry said this was mentioned at an OUTBoard meeting, and she said the board hopes to look into other off road facilities, like the paving of the Mountains to Sea Trail. She said these types of trails are as much a tool for economic development as they are for pedestrian and cyclist safety. Commissioner McKee asked if there has been any feedback regarding the expansion of paved shoulders. Heidi Perry said she had heard the funding was no longer there, and these are not being done any more. She said if the shoulder is done correctly, with appropriate portioning and the same specifications as the road, it is an excellent and safe addition to a road. • Parks and Recreation Council (PRC): Tori Williams Reid, Chair Tori Williams reviewed the following highlights: o Opening of Blackwood Farm Park o Opening of Hollow Rock Park o Opening of Cedar Grove Community Center Tori Williams said the most consistent feedback that is received from residents is for the parks to be open longer. o Nature of Orange Photo Contest o Disc Golf— hoping to bring it to an Orange County park o Mountains to Sea Trail: continuing to expand 14 o Working with other groups such as the Sportsplex o Following Master Plan 2030, which drives PRC monthly meeting agendas o Extended maintenance of parks, which is a funding issue o Regular need for expanding services to compete with municipalities o Discussion on how to improve communications with park facilities o Looking at the soccer fields- natural vs turf? o Inclusive/accessible parks Commissioner Marcoplos said he heard there is a rumor about a disc golf course near the Speedway. No one had heard about this. Commissioner Price referred to the issue of accessibility, and suggested that the PRC may want to work with the Planning Department and Asset Management Services on this issue. Commissioner Jacobs said there is park land that is not being utilized, the Kirby tract, and this may be an area to discuss with David Stancil, Department of Environment, Agriculture, Parks and Recreation Director, about a disc golf space. • Planning Board: Craig Benedict, Director Craig Benedict reviewed the following highlights: o new public hearing process, which allows for some expediting o amendments made regarding temporary health care structures, and those who are unrelated to allow for more flexibility o collaborating on affordable housing issues, work with Information Technology on broadband, and working with Economic Development on new SWOT Analysis Craig Benedict said some goals for 2017 are: o Housing — clustering of homes; public water and sewer; off site septic o considering rural clustering o streamlining regulations 3. Discussion Regarding Election Method for Members of the Orange County Board of Commissioners Greg Wilder, County Manager's office, reviewed the following background information: BACKGROUND: At the Board of Commissioners' January 24, 2005 regular meeting, representatives of a group of Orange County residents addressed the Board and submitted a 1,200-signature petition to the Board regarding the method by which the members of the Board of Commissioners were elected in Orange County. The representatives requested that the Board review the current method of election for the members of the Board, which entailed all five members of the Board being nominated and elected to staggered four-year terms on an at-large basis. At the Board's direction, the County Manager and County staff reviewed the issue and the petition submitted and provided a report to the Board at the May 5, 2005 work session. The report provided an initial framework of information upon which the Board of Commissioners could deliberate and determine as appropriate any further steps in evaluating the issue and responding to the request and petition submitted. 15 The Board then pursued a series of meetings over the next 13 months, including public hearings, Board discussions on possible draft district maps/plans for either a five or seven member Board, and decisions on specific map/plan issues. The public hearings and discussions led to the development of a map/plan (identified in 2006 as "Proposal D") for a seven-member board that met all statutory requirements. The County Attorney prepared a draft resolution calling for a November 2006 referendum in concert with "Proposal D", and the Board approved that resolution and the election plan/map at its June 27, 2006 regular meeting in preparation for a voter referendum as required by the North Carolina General Statutes. The approved resolution and election map/plan are provided at Attachment A. The population deviations for the approved 2006 map/plan, based on the 2000 Census, are provided at Attachment B. In the November 2006 referendum, the voters subsequently approved the election plan/map with more than two-thirds supporting the initiative. The election plan/map was implemented with the May 2008 primary election and all seven members of the current Board have since qualified and been elected under the plan. The election plan/map approved in 2006 established a district/at large system for electing seven members of the Board of Commissioners, and includes two nominating districts. • Three seats on the Board are filled, with staggered four-year terms, by individuals residing in District 1 and nominated by the voters in District 1 during the primary election. These district-nominated candidates are then elected by all the voters in the entire County during the general election. • Two seats on the Board are filled, with staggered four-year terms, by individuals residing in District 2 and nominated by the voters in District 2 during the primary election. These district-nominated candidates are then elected by all the voters in the entire County during the general election. • The other two other seats on the Board are filled, with staggered four-year terms, by individuals residing anywhere in the County and nominated by all voters in the County during the primary election. These "at large" candidates are then elected by all the voters in the entire County during the general election. In summary, five district seats on the Board are filled based on district residency and district nomination during the primary election, followed by countywide election in the general election. The two at large seats are filled based on countywide nomination and countywide election. REVIEW OF DISTRICT ELECTIONS MAP BASED ON 2010 CENSUS Final numbers for the 2010 Census were published in 2011 providing new population numbers for Orange County as a whole as well as for the two current electoral districts. North Carolina General Statute 153A-22 states, "If a county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioners, the board of commissioners may find as a fact whether there is substantial inequality of population among the districts." Population growth or decline in districts can lead to significant deviations in the numbers of residents between districts, thereby compromising the integrity of the districts and the election plan as a whole. Therefore the Board may, but is not required to, review the impact of the new Census numbers to determine if there is substantial inequality. 16 Attachment C is a map showing the current electoral districts along with the population numbers based on the 2010 census. In the 2006 adopted plan (Attachments A and B), Orange County met its goal of keeping the population deviations within five percent of the exact population totals for each district, less than a total of ten percent deviation (referred to nationally as the Ten Percent Rule). Attachment C shows that Districts 1 and 2 were still within the Ten Percent Rule deviation criteria based on the 2010 Census data. Since the Districts were, combined, within the ten percent deviation allowed by law, there can be no finding of substantial inequality. Attachment D is the resolution adopted by the Board on June 2011 acknowledging there is no substantial inequality revealed by the 2010 census results. In recent months members of the Board of Commissioners have expressed an interest in discussing and possibly amending the current election method for seats on the Board of Commissioners. Several related issues have been voiced regarding potentially amending the method. Staff has addressed some of those topics below. If the Board chose to move forward with proposing an amendment to the current election method, when could voter referendum occur? • The North Carolina General Statutes require that counties schedule special voter referenda only in even years when all the voting precincts in the County will be open. Therefore, a special voter referendum on the election method cannot occur in 2017 with the possible exception of a legislative act authorizing the referendum in 2017. Without legislative intervention the next potential dates for a special referendum are May 2018 or November 2018 when a countywide election with all precincts open is already scheduled. Do other North Carolina counties use an election method similar to Orange County's current method? • Attachment E is a chart from the North Carolina Association of County Commissioners (NCACC) which details the current election method for all 100 North Carolina counties. The chart initially indicates that Currituck, Pamlico, and Pasquotank counties share the same election method as Orange County. However, further investigation by County staff confirms that while all four counties have seven (7) Commissioner seats and all four counties have Commissioner seats representing districts, there are variations in the election methods for the district seats that differentiate the counties. Orange County's current election method entails five district seats on the Board that are filled based on district residency and district nomination during the primary election, followed by countywide election in the general election. Conversely, Currituck County's five Commissioner seats representing five districts are for residency purposes only. Candidates for district seats in Currituck must reside in their respective districts, but they are nominated/voted on in the primary and elected during the general election by all voters in all precincts in Currituck County. Currituck County's two at large seats are filled based on countywide nomination and countywide election. An additional variation applies in Pamlico County. The five district Commissioner seats representing five districts for the Pamlico County Board of Commissioners are for residency, nomination, and election. Candidates for district seats must reside in their 17 respective districts, are voted on/nominated during the primary by only the voters in their respective districts, and elected during the general election by only the voters in their respective districts. Pamlico County's two at large seats are filled based on countywide nomination and countywide election. And like Pamlico, the four district Commissioner seats for the Pasquotank County Board of Commissioners are also for residency, nomination, and election. Candidates for district seats must reside in their respective districts, are voted on/nominated during the primary by only the voters in their respective districts, and elected during the general election by only the voters in their respective districts. Pasquotank County's three at large seats are filled based on countywide nomination and countywide election. What is the timeframe to place a proposed election method/plan on the ballot for voter referendum? • If the Board determined to pursue a voter referendum on an election method/plan in May 2018, Board action on a resolution and election plan/map would be necessary before February 28, 2018. The Board may want to consider whether action earlier than this timeframe would be advisable for the benefit of voters. • If the Board determined to pursue a voter referendum on an election method/plan in November 2018, Board action on a resolution and election plan/map would be necessary by August 17, 2018. It should be noted, however, that the Board's contemplated 2018 summer break would in reality necessitate Board action before or during June 2018. Alternatively, the Board could amend the summer break portion of its contemplated 2018 meeting schedule to extend the timeframe for Board action up to the August 17, 2018 deadline. The Board may want to consider whether action earlier than these timeframes may be advisable for the benefit of voters. Depending on the Board's potential interest related to the election method, will population changes since the 2010 Census need to be considered? • Although there have been changes related to Orange County's population since 2010, those changes would not be considered as part of any potential election method or district delineation. The 2010 Census remains the basis for all population calculations. What is cumulative voting? Is cumulative voting permissible in North Carolina for boards of commissioners' elections? Would Orange County need special legislation from the North Carolina General Assembly to consider/implement a cumulative voting method for seats on the Board of Commissioners? • Cumulative voting is method of election that is utilized in the United States primarily by corporations and to a lesser extent local governmental entities across the country. This method allows minority shareholders to have a greater chance of electing corporate officers and has been adopted in some local jurisdictions specifically to rectify voting rights violations. Cumulative voting is specifically recognized in North Carolina law for corporate voting. Cumulative voting works by allocating a specific number of votes to all voters, five for example. In an election with three candidates an individual voter may choose to place all five votes on a single candidate or allocate the five votes among the three candidates. 18 By pooling votes to a single candidate minority groups have a greater chance of electing a candidate of their choice. There appears to be no violation of the "one person, one vote" principle in a cumulative voting setup due both to the fact that often it is implemented as a means of rectifying voting rights violations and because each voter has the same number of votes. If the Board were to select cumulative voting for Orange County Commissioner elections the Board must seek special legislative authority from the General Assembly. Chair Dorosin said the census data is from 2010, and asked if staff has looked at anything more recent. Greg Wilder said more recent data can be looked at, but decisions cannot be based on it. He said staff will research this. Commissioner McKee asked John Roberts if any changes endorsed by the BOCC would have to go to the legislature. John Roberts said no, the Board can choose to change the electoral structure and take it to a referendum. He said any changes to the voting method must go to the legislature. Commissioner McKee asked if changing to district nominate/district elect would be a change in the structure or the method. John Roberts said that would be a change in the structure, and is one of four statutorily authorized methods. He said if the BOCC wanted to divide the County into seven districts, where the voters in those districts both nominate and elect officials, then the County can accomplish that through referendum. Commissioner McKee asked what would happen if the same district set up remained, but changed the voting from district nominate/county elect to district nominate/district elect. John Roberts said such a change would go to referendum. Commissioner Marcoplos said back in 1992 he ran for County Commissioner as an Independent, and then the landfill debacle came up. He said so much attention was paid to representation that the County formed a committee. He said a lot of effort was put into trying to understand what may be done, and districts came to residents' minds. He said he was introduced to cumulative voting at that time, which was 1993. Commissioner Marcoplos said he always thought that cumulative voting was the more simple way to vote, and he said this empowers minorities in the political system. He said in cumulative voting, if there are three candidates each voter gets three votes, and can use them as he/she so chooses. He said what can happen, when one represents a district, is that one can become bound to what is popular in your district. He said the way commissioners are elected now means that many people's vote does not count, and in Orange County, this is mostly republicans. He said it is incumbent upon the BOCC to provide the fairest access to the democratic process, and he believes that cumulative voting is the best way to achieve this. He said this is the choice to settle legal issues over perceived unfair voting, and is the most fair. Chair Dorosin said cumulative voting would require legislative approval, and asked Commissioner Marcoplos if he thinks this could be pursued. Commissioner Marcoplos said someone has to raise the idea so that people can become educated. He said he is unsure if Commissioner McKee's idea of district nominate/district elect would change anything. Commissioner McKee said it would not change anything as far as the power structure as it exists now, but it would change the perception that in District 2, for example, that the district nominates, but the countywide election is what elects. He agreed that a republican 19 candidate cannot win a countywide election in Orange County. He said his proposed change is simple, and does not require legislative involvement. Commissioner Burroughs said she is interested in learning more about Commissioner McKee's suggestion. She said it would clean up what currently exists, as people are familiar with it. She is not confident that the legislature would support cumulative voting, but is open to others' thoughts. Commissioner Jacobs said he would like to read more of the cumulative voting information forwarded by Commissioner Marcoplos. He disagreed that a republican cannot be elected in Orange County, but said a radical republican could not. He said there are republicans on the school boards and the town councils. He said Greg Wilder's point about how the BOCC sits in meetings indicates the fact that they represent the whole County, not just a district or at large position. He said the current system mitigates towards that, and so far the BOCC personifies that. He said he would be very careful about Balkanizing Orange County in a way that may pit district against district. He said there is already a subtle divide in the County, and he said the district nominate/district elect would only exacerbate that. Commissioner Rich asked if Commissioner Jacobs recalls which options were discussed in 2006. Commissioner Jacobs said all of the permutations were considered, and there was a report on this. He said the legislature tried to enforce a particular system on the County at that time, which the County fought. He said non-partisan commissioner elections were discussed, but not cumulative voting. Commissioner Marcoplos said Commissioner Jacobs made a good point about the school board non-partisan elections, but the major parties are not going to release their grip on the partisan elections. Commissioner Marcoplos said if changes are going to be made, the change should be one that really makes a difference. He said he does not find Commissioner McKee's suggestion to be worth the effort. He said in cumulative voting, one can use the power of one's vote. He said it is a community building solution as well. Chair Dorosin said the reality of getting something positive from the legislature is daunting. He said there needs to be a fairer election system. He said there is the perception that the current system is unfair, and this needs to be moved away from. He said at-large elections are the least fair, and having residents run in districts, and to be elected from those same districts, is fairer. Chair Dorosin said he does not believe Commissioner McKee's suggestion would lead to the Balkanization of the County, and it is interesting that the current at-large Commissioners come from outside District 1. Chair Dorosin said residents feel disenfranchised with the current system, and it would be interesting to look at voter registration in each of the districts. Commissioner Burroughs asked if the proposal would be to leave the at-large Commissioners as they are, but make the districts vote primary and general election within the districts. Chair Dorosin said he would be amenable to get rid of the at-large positions and have four Commissioners from District 1, and three from District 2; or however the numbers broke down fairly. He asked if such a change could be done by a referendum. John Roberts said yes, this could be done by referendum. Commissioner Price said a Republican or an Independent can win in District 2, and it would be more possible with the change proposed by Commissioner McKee. She said when Chapel Hill votes in general elections the balance is shifted. She said this concern is often raised to her, as it leads to Chapel Hill and Carrboro determining elections. 20 Chair Dorosin said a fair voting system does not mean that everyone gets to elect whomever they want. He said if the minority is small enough, it will not be able to overcome the majority. He said the question is whether or not the system is created fairly. Commissioner Marcoplos agreed, and said the point of cumulative voting is that everyone has a chance. He said in general elections the Commissioners are usually an afterthought, since people vote their party. Commissioner Marcoplos said for a Republican to win, he/she must appeal on the issues across the County. He said if the County moved to having just two districts, and no at- large positions, break down might be five commissioners in district 1, and 2 in district 2; based on population. He said this would make residents in the rural part of the County very upset. Commissioner Marcoplos asked if the legislature was asked to consider cumulative voting for Orange County, would it give a yes or no answer. Commissioner Jacobs said, if invited in, the legislature could change it to whatever it pleased, as seen in Greensboro and Wake County. Commissioner Jacobs referred to the issue of independent voters, and said this is an increasingly larger group. He said the BOCC should gather more information on this group. He said he is more interested in finding out how to get these people to run, than he is in messing with the districts. He said candidates should run on issues. Chair Dorosin asked John Roberts if having non-partisan elections would require legislative approval. John Roberts said yes. Commissioner Price referred to Commissioner Jacobs' comments, and said in other states one has to be registered with a party to vote in a primary. Commissioner McKee said he just wanted to tweak the system, not to change it. He said he believes it is a perception problem, rather than a real problem. He said it has been over a hundred years since a republican was elected in Orange County. He said anyone who is elected to the BOCC, and tries to be a disruptive force, will find themselves up against other Commissioners who will not put up with it. He said any changes that are made should be those that can be made in house, and not involve the legislature. Commissioner McKee said his intent is to alleviate the perception of inequity. He said he does not believe there really is much inequity, but there is the perception of such. Chair Dorosin summarized the discussion: • Two ideas that require legislative approval, and BOCC would like more information: cumulative and non-partisan voting • District nominate/district election- o Get rid of at large positions- and have two districts o More information on voter registrations in district o Updated census data Greg Wilder said to have all seven seats elected by district, the district lines would need to be redrawn, moving 4,000 people from district 1 to district 2, which would result in four commissioner seats in District 1, and three seats in District 2. Chair Dorosin said his intent was to have two multi-member districts. He said to have seven individual districts would result in pizza slices coming out of Chapel Hill, and some districts would violate other principles of drawing districts, such as having communities of shared interest, etc. He said there could not be district blocks throughout the County, due to the density of the population in certain areas. 4. Closed Session-Canceled 21 "To discuss and take action regarding plans to protect public safety as it relates to existing or potential terrorist activity and to receive briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken or to be taken to respond to such activity." [N.C.G.S. 143-318.11(a)(9)] A motion was made by Commissioner Burroughs, seconded by Commissioner Marcoplos to adjourn the meeting at 10:36 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board