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HomeMy WebLinkAboutMinutes 06-06-2017 1 APPROVED 9/5/2017 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING June 6, 2017 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, June 6, 2017 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, 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 7:04 p.m. 1. Additions or Changes to the Agenda Chair Dorosin noted the following items at the Commissioners' places: -Yellow sheet: proposed resolution from Commissioner Price -White sheet: Planning Board monthly report - Neon green sheet: operating budget amendments -White sheet: PowerPoint for Item 6-a - Hand out for item 6-b - Revised abstract for Item 11-f Chair Dorosin asked if the Board would consider moving item 4-a up to the start of the meeting. The Board agreed by consensus. 4. Proclamations/Resolutions/Special Presentations a. Resolution Honoring Judicial District 15B (Orange/Chatham) Public Defender James E. Williams, Jr. The Board considered a resolution honoring James E. Williams, Jr. for serving as the Public Defender for Judicial District 15B (Orange and Chatham counties) for twenty-seven (27) years, and authorizing the Chair to sign. Chair Dorosin read the resolution: Orange County Board of Commissioners RESOLUTION HONORING JUDICIAL DISTRICT 15B (ORANGE/CHATHAM) PUBLIC DEFENDER JAMES E. WILLIAMS, JR. WHEREAS, James E. Williams, Jr. served as the Public Defender of North Carolina Judicial District 15B, serving Orange and Chatham counties for 27 years; and WHEREAS, during his tenure, Mr. Williams led the development of innovative efforts to make the criminal justice system more equitable, including the Misdemeanor Diversion Program, the Public Defender Committee on Race and Equity, the Criminal Justice Resource Office, the NC Commission on Racial and Ethnic Disparities and the District 15B Racial Justice Taskforce; and 2 WHEREAS, Mr. Williams consistently challenged racial and socioeconomic disparities in the criminal justice system in North Carolina, including racial bias in policing, unfair public housing admission provisions, high court costs and fees for indigent clients, inequitable pre-trial release and bail policies, institutional barriers to re-entry for formerly incarcerated persons, and police practices that target low-level crimes; and WHEREAS, James dedicated his career to working with other lawyers,judges, law enforcement officers, elected officials, and the community to address those disparities through efforts to bring transparency to policing decisions and judicial practices, promote body worn cameras for law enforcement officers and policies regarding broader access to police videos, and by leading public education initiatives and engaged community dialogue around racial bias in the criminal justice system; and WHEREAS, James undertook these efforts while also tirelessly and zealously representing his clients, including defendants in some of the most high-profile and controversial cases in our community, all of which were resolved without death penalty verdicts and in ways that helped the community begin to heal; and WHEREAS, Mr. Williams is a fearless advocate who cares deeply about the indigent clients that the Office of the Public Defender represents, and is dedicated to investigating every fact, developing compelling mitigation, retaining high-quality experts and filing every motion so that his clients receive the highest quality legal representation, as well as providing guidance, inspiration, and mentorship to those around him; NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby extend to James E. Williams, Jr., our sincere and steadfast appreciation for his dedicated service to the Office of the Public Defender and to the residents of Orange County, for helping our community be a more just and equitable place, and for embodying the words of Thurgood Marshall, who said "You do what you think is right, and let the law catch up". This the 6th day of June, 2017. A motion was made by Chair Dorosin, seconded by Commissioner Rich for the Board to adopt the resolution and authorized the Chair to sign the Resolution. VOTE: UNANIMOUS James Williams thanked Chair Dorosin and the Board of County Commissioners for this acknowledgement. He said this Board should be proud of the groundbreaking decisions it is making to affect the criminal justice system and reform. He asked if the Board would communicate to its judicial stakeholders the importance of completing the second phase of the School of Government study on reforms in jury pool diversity. PUBLIC CHARGE Chair Dorosin dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Agenda 3 Dr. Todd Wirt, Orange County (OCS) Schools Superintendent, spoke on increasing the per pupil amount to $257 based on the outcome of the State budget. He said this increase would allow the system to continue operating at its current level. Julia Workman said she is a veteran teacher in OCS. She thanked the Board for its existing support, and echoed the request to increase the per pupil amount to $257 to fund their core services. Latasha Lemmons said she is a veteran Teacher Assistant in OCS, and asked the Board to fully fund the superintendent's revised budget request. Robert Griffin said he is a Spanish teacher at Orange High School and has been teaching for 27 years. He said we live in a global society, and asked the Board to support the language programs at the elementary and middle school level. Anneke Oppewal said she is a Spanish teacher in OCS, and she echoed support for funding foreign language programs at all age levels. Gloria Amerson said she is an OCS French teacher, and echoed support for the world language programs at all age levels. She said the study of foreign languages and cultures promotes unity across differences, and allows children to broaden their view of the world. Several of her students spoke about what they have learned from studying foreign languages. Janice Gilreath said she is a Spanish and International Baccalaureate teacher at Cedar Ridge High School (CRHS), and asked the Board of County Commissioners to increase the per pupil amount to $257. Katrina Smith said she is the Foreign Language Department Chair at CRHS, and is here to ask for support for all classes in OCS, but specifically foreign language classes. Rachel Mulock said she is a Spanish teacher at an OCS school. She is here to ask for the support of Dr. Wirt's request for an increase in per pupil funding to $257. Sonya Sutton said she is the PTA president at Hillsborough Elementary, and she asked the Board to fully fund Dr. Wirt's budget request. Allan Green reviewed the following comments: Orange County Board of Commissioners June 6, 2017 Thank you for the opportunity to address you about a familiar subject—the completion of the Mountains to Sea Trail Segment 11 through Orange County. The following are some key dates in the process: • Nov 17, 2015 BOCC Meeting, State presents MST plan, "Local FMST group" petitions Board to adopt MST Plan. (Included). D. Stancil estimates 3-6 months, commits to addressing petition at next meeting. • Jan 21, 2016 BOCC Meeting, D. Stancil presents MST Master planning process, to include public meetings, meetings with stakeholders (OWASA), with the completed Segment 11 connecting the Alamance section with the Eno River section. Included in the Commissioners' packets was a response from the "local FMST group" to Commissioner Dorosin (and Chair McKee) to their requests for a detailed implementation and time-line. Public comments included both those opposed to and supporters of the MST. • April 21, 2016 First Community Meeting at Cane Creek Activities Center. The meeting was dominated almost entirely by vocal opponents of the trail in the Thunder Mountain development bordering the proposed OWASA route, and as such was largely unproductive. • Jun 23, 2016 OWASA Board Meeting: After presentations from State and local MST planners, and public comments both opposing and supporting the trail route through OWASA lands, the OWASA board voted to allow development of the trail on their property, subject to constraints. 4 • Aug 25, 2016 - Having been challenged to reevaluate their position by MST opponents, the OWASA board confirmed their June 23 decision. • Sep 19, 2016 2d Community meeting, Maple View Center. This meeting was professionally facilitated and focused on the concerns voiced at the April meeting. Professionals from law enforcement, state forestry, local emergency services (fire and EMT) were unified in stating that the MST presented no issues for their departments (other than budgetary) • Dec 8, 2016 3d Community Meeting, West Campus Office —Cancelled/Rescheduled for March 6th. • Mar 6, 2017 3d Community Meeting, Whitted Center— Focus on northern section; Final report to be submitted to BOCC in May 2017— May, 2017 Final report deferred until September It has now been more than 18 months since the BOCC requested a plan for MST completion from the Orange County staff. Other than obtaining OWASA's updated approval for a trail route on OWASA lands, little real progress has been made. Most frustratingly, the plan for the initial Orange County segment has not changed much since our letter to Commissioner Dorosin in January, 2016: i.e., until the trail can be completely located off-road through easements and purchased parcels, the route will be an interim road walk from Saxapahaw to the OWASA border on Route 54; then up the Cane Creek Reservoir to Buckhorn or Bradshaw Quarry Road, north east on Chestnut Hill Rd. and Mt. Willing Rd. to the Seven Mile Creek preserve, and then on to the Eno River via Occoneechee Mtn. and the Hillsborough River Walk. The FMST and several local landowners are ready to make this a reality. All we need is for Orange County to officially designate the route and authorize trail construction. Best of all, the MST budget impact is non-existent or negligible. Why are we delaying? Thank you. Allan K. Green Tracy Shain said she is the PTA treasurer at Hillsborough Elementary School, and asked the Board to fully fund the OCS budget request. Bob Shriner said he is here to speak on behalf of the coaches in OCS, where he has coached for almost 30 years. He asked that the Board support Dr. Wirt's request to fully fund the OCS budget request. Will Gehrman said he is the athletic director at Gravelly Middle School, and spoke in support of full funding for the OCS budget request. Arlene Saper said she is a language teacher in OCS, and supports the superintendent's budget request to fully fund the OCS. Monique McAdoo said she is a graduate of OCS, and also a TA and a graduate student. She said she was involved in athletics and other programs during her time as a student. She said she is asking for the Board's support to fully fund their schools. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner McKee said he was glad that OCS brought its revised figures forward. He said the budget process is a partnership, and he is heartened to have these numbers in time for further discussion. 5 Commissioner Burroughs had no comments. Commissioner Jacobs said the Criminal Justice Advisory Council (CJAC) met last week, and talked about creating a re-entry program in Orange County. Commissioner Jacobs congratulated Susan Seahorn for becoming the new Orange County Public Defender. Commissioner Jacobs asked if David Stancil, Department of Agriculture, Environment, Parks and Recreation (DEAPR) Director, could determine how much the City of Raleigh has spent to protect its water supply in Orange County, and to provide a resolution thanking Raleigh, and asking others to emulate this example set by the City of Raleigh. Commissioner Rich had no comments. Commissioner Marcoplos said he emailed a copy of a proposed resolution to be considered by the Board at its June 20th meeting. He said it is related to climate change and the reduction of methane admissions. Commissioner Price said Ric Bruton of Cardinal Innovations reports that two group homes that were scheduled to close will remain open. Commissioner Price petitioned the Board to follow up with James Williams' request about the School of Government jury commission study. Commissioner McKee said he appreciated Commissioner Price for working with Cardinal Innovations about the group homes. He said he would also keep in touch on the Person County side. Chair Dorosin said there was a groundbreaking for the Veteran's Memorial last week. Chair Dorosin referred to the public comments made earlier this evening, and petitioned for a follow up from DEAPR about the Mountains to Sea Trail (MTS). 4. Proclamations/ Resolutions/ Special Presentations b. Voluntary and Enhanced Agricultural District Designation: Multiple Farms The Board considered applications from ten (10) landowners/farms to certify qualifying farmland within the Caldwell, Cane Creek/Buckhorn, White Cross, Cedar Grove, and Schley/Eno Voluntary Agricultural Districts; and enroll and/or update ownership for the lands in the Orange County Voluntary Agricultural District (VAD, 470 acres); and the Enhanced Voluntary Agricultural District (EVAD, 91 acres) programs. BACKGROUND: Orange County's Voluntary Farmland Preservation Program was started in 1992. To date, there are 78 farms totaling 9,320 acres in the Voluntary Agricultural District (VAD) program, and 2,144 acres in the Enhanced Voluntary Agricultural District (EVAD) program, for a total of 11,464 acres (rounded) in the program. The farms are described briefly below: Brief Farm Descriptions: 1) Owners Allen and Christine Green have submitted an application to enroll one (1) parcel of land totaling 18.5 acres as qualifying farmland for the Voluntary Agricultural District program (VAD) in the Cane Creek/Buckhorn Agricultural District. The farm operation includes organic vegetable crops, pastureland, and managed woodland. This parcel is close to other parcels owned by the Greens that are currently enrolled into the Enhanced Voluntary Agricultural Program. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. 2) Owners Vann Bennett and Bernadette Pelissier have submitted an application to enroll three (3) parcels of land totaling 90.47 acres as qualifying farmland for the Enhanced Voluntary Agricultural District program (EVAD) in the Cedar Grove Agricultural District. The farm operation 6 includes blueberries, blackberries, fruit and vegetable crops, and managed woodland. The farm has been evaluated against each of the EVAD certification requirement standards and meets or exceeds all of the measures above. 3) Owners Charles (Gene) and Ruth Williams have submitted an application to enroll two (2) parcels of land totaling of 72 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program located in the White Cross Agricultural District. The farm includes pasture and hay crops for beef cattle, and managed woodland. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. 4) Owners and family members Doug and Heidi Brown and Helmut and Karen Poerschke have submitted an application to enroll two (2) parcel of land totaling 31.82 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Cedar Grove Agricultural District. The farm operation includes horses, beef cattle, pastures, hay crops and managed woodland. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. 5) Owners Wayne Parmley and Alicia Belcher have submitted an application to enroll one (1) parcel of land totaling of 42 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program located in the Cedar Grove Agricultural District. The farm includes seasonal vegetables, pasture for hogs, goats, and chickens, and managed woodland. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. 6) Owners Jeff Berst and Stephanie Bullins have submitted an application to enroll one (1) parcel of land totaling 52 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Caldwell Agricultural District. The farm operation includes tobacco and hay crops, transitioning to vegetables, berries, and fruit trees; in addition to managed woodland. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. 7) Owners of the Merry Hill Farm, represented by Lynne Holtkamp (on behalf of multiple family members), have submitted an application to enroll five (5) parcels of land totaling of 115.25 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program located in the Cane Creek/Buckhorn Agricultural District. The farm includes beef cattle, pasture, hay crops and managed woodland. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. 8) Owner Lee Miller has submitted an application to enroll two (2) parcel of land totaling 50.63 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Caldwell Agricultural District. The farm operation includes hay crops and managed woodland. The farm property has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. 9) Owner Ann Bacon Hollowell has submitted an application to update ownership for one (1) parcel of land totaling 42.22 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program located in the Schley/Eno Agricultural District. The parcel is part of the original Bacon Family enrolled in the VAD program in 2002; therefore, these acres will not increase the overall acreage in the program. The farm includes grain and hay crops, and transitioning to pastures. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. 7 10) Owners Michael and Sherry Miller Scully have submitted an application to update ownership for one (1) parcel of land totaling 44.2 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Caldwell Agricultural District. The parcel is part of the original Miller Family enrolled in the VAD program in 2002; therefore, these acres will not increase the overall acres in the program. Gail Hughes, Soil Conservationist, made the following PowerPoint presentation: Orange County Voluntary Farmland Preservation Program Voluntary and Enhanced Voluntary Agricultural District Program Orange County Board of Commissions Meeting June 6, 2017 ➢ Voluntary Agricultural District (VAD) is a 10 year commitment for farm to be in active farm production, but the landowner can withdraw from the VAD at any time, for any reason, with a 30 day notification to the Agri. Preservation Board. ➢ Enhanced Voluntary Agricultural District (EVAD) is an irrevocable 10 year commitment to be in active farm production, therefore the "enhanced" qualifies farm for up to 90% cost share rates and a priority for state and federal grants funds. Benefits include: (listing a few) ➢ Makes public more aware of the local agricultural and its vital role in the economics of the county; ➢ Recorded notice of agricultural district property is recorded at County Land Records office; ➢ Land search on all properties within a 1/2 mile radius has notification of the agricultural status, therefore, the agricultural landowner has increased protection from nuisance lawsuits. ➢ Agricultural Preservation Board can request public hearings for proposed condemnation of VAD land and utility assessments may be suspended or waived on EVAD land if not connected to the utility. ➢ Farm may receive up to 25% of gross sales from the sale of non-farm products and still maintain its zoning exemption as a bona fide farm. (EVAD only) ➢ VAD District signs are placed on farms, for public to know location of VAD/EVAD farms Allan and Christine Green (Woodcrest Farm) • VAD— 18.5 acres— Cane Creek/ Buckhorn Agricultural District • Organic vegetables/crops, pastureland, cattle, managed woodland • Currently enrolled in the EVAD program with other parcel of land in the community Vann Bennett and Bernadette Pelissier • EVAD—90.47 acres- Cedar Grove Agricultural District—3 parcels of land • Blue berries, black berries, fruit and vegetable crops, managed woodland. • Conservation Easement on farm held by Orange County. Charles (Gene) and Ruth Williams • VAD— 72 acres—White Cross Agricultural District- 2 parcels of land • Pastures, hay crops for beef cattle, managed woodland 8 Doug and Heidi Brown Helmut and Karen Poerschke (parents to Heidi) • VAD— 31.82 acres— Cedar Grove Agricultural District—2 parcels of land • Horses, beef cattle, chickens, pastures, hay crops, managed woodland Wayne Parmley and Alicia Belcher • VAD- 42 acres— Cedar Grove Agricultural District • Vegetables, pasture for hogs, goats, and chickens, managed woodland Jeff Berst and Stephanie Bullins • VAD- 52 acres— Caldwell Agricultural District • Tobacco and hay crops, transitioning to vegetables , berries, and fruit trees; managed woodland. Merry Hill Farm- Lynne Holtkamp (Ms. Holtkamp also represents multiple family members) • VAD- 115.25 acres— Cane Creek/Buckhorn Agricultural District— • 5 parcels of land owned by Holtkamp and other family members • Beef cattle, pasture, hay crops, and managed woodland • Farm is in the NCDA&CS Century Farm Program (same family ownership for 100 + years) Lee Miller • VAD - 50.63 acres —Caldwell Agriculture District—2 parcels • Hay crops; managed woodland Ann Bacon Hollowell (ownership update) • VAD—42.22 acres—Schley/Eno Agricultural District • Portion of original acres with Bacon Family Partnership from 2002 • Grain and hay crops, transitioning to pastures for horses Michael and Sherry Miller Scully (ownership update) • VAD—44.2 acres— Caldwell Agricultural District • Portion of original acres in Lee Miller farm from 2002 • Beef cattle, pastures, hay crops, and managed woodland Requesting approval from Commissioners to accept ten (10) farms into the program. 470 acres* in the Voluntary Agricultural District 91 acres* in the Enhanced Voluntary Agricultural District Total of acres in both programs= 561 acres* * = rounded acres Commissioner McKee said Gail Hughes has brought in a significant amount of acreage since 2012. Chair Dorosin asked if this program is promoted in any particular way. Gail Hughes said the program is promoted primarily through one on one visits to the farms, and seeks to help farmers with many aspects of their land. Commissioner Jacobs acknowledged the commitment of the agricultural community to Orange County. 9 A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the Board to certify the ten (10) farm properties noted above totaling 470 acres (VAD) and 91 acres (EVAD) (rounded acreage) as denoted in the attached documentation as qualifying farmland; designate the farms as noted above as Voluntary or Enhanced Voluntary Agricultural District farm within the Caldwell, Cane Creek/Buckhorn, Schley/Eno, Cedar Grove, and White Cross Voluntary Agricultural Districts; and enroll the lands in the Orange County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District (EVAD) programs. (Note: Two parcels are updating new ownership and therefore approximately 86 acres will not be an increase in the overall acres of the program.) With approval of these additional acres, the Orange County Voluntary Agricultural District Program will have enrolled 86 farms totaling 9,701 acres in the VAD and 2,234 acres in the EVAD for a total of 11,935 acres (rounded) in the program. VOTE: UNANIMOUS c. Addition to the Agenda: The Board will consider adopting a "Resolution of Commitment to Adopt, Honor and Uphold the Paris Climate Agreement. Commissioner Rich said she decided to propose this resolution after having conversations with all three of the Town's Mayors. Commissioner Rich read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF COMMITMENT TO ADOPT, HONOR AND UPHOLD THE PARIS CLIMATE AGREEMENT Resolution of Commitment to Adopt/Honor and Uphold the Paris Climate Agreement– and she said this came about after her discussions with the three Town's mayors. RESOLUTION # 2017-042 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF COMMITMENT TO ADOPT, HONOR AND UPHOLD THE PARIS CLIMATE AGREEMENT WHEREAS, the scientific community has reached an overwhelming consensus that the earth's climate is warming and human activity—specifically, burning fossil fuels that emit carbon dioxide and other greenhouse gases—is the primary cause of warming; and WHEREAS, large coastal states such as North Carolina are disproportionately vulnerable to the effects of climate change, including extreme heat, severe storms, and sea level rise; and WHEREAS, reducing carbon emissions will help protect Orange County, North Carolina, residents and future generations—particularly those who are most economically and physically vulnerable—and mitigate the consequences of extreme weather that hurt the economy; and WHEREAS, reducing carbon emissions and preparing for climate change will reduce illnesses caused by air pollution, high heat, and extreme weather; and 10 WHEREAS, Orange County, North Carolina has reduced energy consumption by 15% per square foot since 2012, has made a formal resolution to reduce carbon emissions by 80% by 2050 against 2005 levels, and has committed to move to 100% renewable energy by 2050, and WHEREAS, President Trump has committed to withdrawing the United States from the Paris Agreement, thereby retreating from the commitment to limit global warming to below two degrees Celsius; and WHEREAS, Orange County, North Carolina and other state and local governments must commit to aggressive climate action in the absence of federal leadership, NOW, THEREFORE, BE IT RESOLVED, the Board of Orange County Commissioners hereby commits to proportionally upholding the commitment made by the United States in the Paris Agreement to reduce greenhouse gas emissions between 26 and 28 percent by 2025 from 2005 levels This the 6th day of June 2017. Commissioner Rich thanked Brennen Bouma, Sustainability Coordinator, for his assistance on the percentages. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to adopt this resolution, and asked the Chair to sign. Commissioner Price asked to have this resolution sent to the North Carolina Association of County Commissioners (NCACC), and encourage other counties to adopt similar resolutions. Donna Baker said she would forward it to the clerks in all 100 counties. Commissioner Rich said she sent an email to the Board this evening that indicates all State and local leadership, as well as businesses, who have signed on to uphold the Paris Agreement. She said Chair Dorosin will sign it on behalf of the Board of County Commissioners (BOCC). She asked if all Board members would read the email, and let Chair Dorosin know if they agree with him signing on the Board's behalf. VOTE: UNANIMOUS 5. Public Hearings a. Orange County Consolidated Plan —Annual Action Plan Update The Board will consider: (1) Receiving comments from the public regarding the FY 2017 - 2018 Consolidated Plan — Annual Action Plan for Housing and Community Development Programs in Orange County; (2) Adopting a Resolution approving the FY 2017-2018 Consolidated Housing Plan —Annual Action Plan; (3) Adopting and authorizing the Chair to sign a Resolution approving the proposed HOME Program Activities for 2017-2018; and (4) Authorizing the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. 11 Annette Moore, Housing Director, reviewed the background information. A motion was made by Commissioner McKee, seconded by Commissioner Rich for the Board to open the public hearing. VOTE: UNANIMOUS Commissioner Marcoplos said the federal government's allotment has steadily been decreasing, and asked if there is a reason for this, and where the federal funds are going. Annette Moore said she does not know why, but Orange County has been receiving smaller allocations each year. Commissioner Price said the HOME and Community Development Block Grant (CDBG) funds will be kept at the current level through 2017, and the May draft budget totally eliminates these funds for 2018. PUBLIC COMMENT: NONE A motion was made by Commissioner Burroughs, seconded by Commissioner Price to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to: -Adopt a Resolution approving the FY 2017-2018 Consolidated Plan Annual Action Plan; -Adopt and authorize the Chair to sign a Resolution approving the proposed HOME Program Activities for 2017-2018; and -Authorize the Manager to implement the HOME Program Design as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. VOTE: UNANIMOUS 6. Regular Agenda a. Amendments to the Water and Sewer Management, Planning, and Boundary Agreement The Board considered adopting a revised amendment to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) map. This action would supersede the Resolution adopted on May 2, 2017 and thereby ensure that no action has been taken impacting the Rural Buffer. Perdita Holtz, Planning Systems Coordinator, made the following PowerPoint presentation: Revised Amendments — Water and Sewer Management, Planning, and Boundary Agreement June 6, 2017 BOCC Meeting Presented by: Perdita Holtz 12 Background • Map adopted by BOCC at May 2 meeting affected small portions of the Rural Buffer (RB) o Both removing from RB and adding to RB • Subsequent concern over later amendments to the various maps and agreements to accomplish modifications to the Rural Buffer • Revised map for consideration tonight does not affect any area currently designated as Rural Buffer on either zoning or land use maps • Map pertaining to area in Carrboro's jurisdiction also part of resolution — unchanged from May 2 Hillsborough EDD Area Amendments • 84.16 acres Hillsborough Long Term Interest Area to Hillsborough Primary Service Area • Resolution includes language that would have the effective dates for the Hillsborough area amendments coincide with joint land use plan amendments o Expected in the fall Recommendation for Tonight • Adopt the revised resolution amending the Water and Sewer Management, Planning, and Boundary Agreement o Supersedes resolution adopted on May 2 BACKGROUND: At the May 2, 2017 Board of County Commissioners meeting, the Board adopted proposed amendments to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA). In the Hillsborough EDD Area, the adopted map was based on a catchment basin analysis completed by staff and involved several acres that are currently designated "Rural Buffer" on either the Zoning Atlas or Future Land Use Map (the Rural Buffer boundary on these two separate maps do not perfectly align, likely due to relatively small differences in hand-drawn maps that were digitized in the 1990s; see map in Attachment 2 for a visual depiction of this issue). Potential amendments to land use maps (joint planning and County-only) and zoning were to be brought forward later this year to consider aligning boundaries with the "Primary Service Area." Because of concerns regarding the subsequent land use and zoning map amendments, staff prepared a revised map after the May 2 meeting to remove any area that is currently designated Rural Buffer (on either the zoning or land use maps) from consideration as "Primary Service Area". The map included in Attachment 1 shows the extent of lands (84.16 acres) that are currently designated "Hillsborough Long-Term Interest Area" but are proposed to be designated "Hillsborough Primary Service Area." Additionally, language has been added to the Resolution that would have the effective date of the amendments pertaining to the Hillsborough EDD Area coincide with joint land use plan amendments that are expected to be considered in the fall. The map related to amendments in the Town of Carrboro's ETJ (Extraterritorial Jurisdiction) adjacent to Smith Level Road remains unchanged from the version approved by the BOCC on May 2. All signatory parties to the Agreement must approve the amendments before they are effective. Proposed dates for adoption consideration are: 13 Orange County May 2, 2017 (approved, but a revised map for the Hillsborough EDD Area is under consideration at the June 6 meeting) Town of Carrboro May 16 (approved; map for the Hillsborough EDD Area was the same map being considered at the June 6 BOCC meeting) OWASA June 8 Town of Hillsborough June 12 Town of Chapel Hill June 19 Commissioner Price asked if there is anything on the south side of West Scarlet Mountain Road. She said the Hillsborough long-term to Hillsborough primary area does not go all the way to the rural buffer line. She said perhaps this is wooded area. Perdita Holtz said it is. She said no service will be provided south of West Scarlet Mountain Road because that area is in the rural buffer. Commissioner Price said the area between the blue and purple lines. Perdita Holtz said this area is in the long-term interest area. She said there is a small discrepancy in the rural buffer line in that area. Commissioner Marcoplos said there was discussion about moving the rural buffer line to follow the watershed line, which would make sense to him. He asked if there is an example of something that may happen to bring the future land use line into play. Perdita Holtz said the future land use map is a separate map from the zoning map, and zoning is more of the controlling factor in determining what can be done on a property. She said there is a discrepancy there, and a decision would need to be made if a landowner wanted to develop their land. She said this is not the only area in the rural buffer with a discrepancy, and there may be future interest in reconciling those differences. Commissioner Marcoplos asked if all those differences were based on advanced knowledge of where the watersheds break. Perdita Holtz said that type of analysis— by catchment basin — could be done, or one or the other could be picked. She said the zoning line matches up more closely with watershed lines, and these discrepancies occurred when hand drawn maps were digitized in the 1990s. Commissioner Marcoplos said it seemed a good idea to him to do this now, and define what the rural buffer really is. He said it seems like a more proactive approach. Commissioner Jacobs said that is a good point, and he appreciated that staff addressed the Board of County Commissioners' concerns from the last meeting. He said if this discrepancy is a starting point, then it could be included when the item returns before the BOCC. Commissioner Jacobs said if a group between Hillsborough and Orange County is reconstituted, he would be willing to participate in such a group. Chair Dorosin asked if the proposal is to adopt this resolution and have this item come back to the Board again. Perdita Holtz said the joint land use plan with Hillsborough would come back to the Board, and this adoption would not be effective until that later plan is updated. She said staff is exploring whether a committee between the County and the Town is warranted in order to get everything rolling. Chair Dorosin asked if Commissioner Marcoplos' comments about fixing discrepancies could be part of those discussions. Perdita Holtz said yes, but any discrepancies involving the rural buffer would also eventually affect Carrboro and Chapel Hill. 14 A motion was made by Commissioner McKee, seconded by Commissioner Jacobs for the Board to adopt the revised resolution amending the Water and Sewer Management, Planning, and Boundary Agreement and will supersede the resolution from May 2. Commissioner Rich asked if this motion also approves the forming of a committee. Perdita Holtz said staff is still working out the process at this point, and she does not have details yet. She said it does not have to be part of the motion. Commissioner Rich said there should be discussion and a committee formed. Craig Benedict, Planning Director, said the thought was to jump start it with Mayors and Board Chairs and then go from there. Commissioner Price said these discrepancies should be discussed and resolved. Chair Dorosin said the Board previously discussed getting rid of this discrepancy, by moving the line, and concerns about transparency and notification to landowners arose. Craig Benedict said staff can talk about what the process should be over the summer. He said there is a joint land use plan to the north with Hillsborough, and to the south with Carrboro and Chapel Hill, and any changes result in an elaborate process. Chair Dorosin said the point is that this represents a bad process, and it needs to be fixed; and the process should be as simple and streamlined as possible. Commissioner Marcoplos said this would be an opportunity to re-educate residents about the rural buffer. VOTE: UNANIMOUS b. Request for Proposal Award of$2.5 Million of 2016 Bond Funds The Board considered awarding the Request for Proposal ("RFP") #5228 for$2.5 million of 2016 Affordable Housing Bond funds and authorizing the County Manager to sign the necessary legal documents. Annette Moore presented this item. Chair Dorosin said there is an item at their places with more updated information. BACKGROUND: On November 8, 2016 an Orange County Referendum was approved by voters for five million dollars for affordable housing. On February 7, 2017 the BOCC approved release of an RFP for the use of$2.5 million of the Affordable Housing Bond funds. The deadline for submitting a proposal for the bond funds was March 31, 2017. 2016 Affordable Housing Bond Funds # RFP 5228 Responses to Request for Proposal PROPOSAL REQUEST PROJECT Habitat for Humanity of Orange $925,000 Parcel 3b of the Waterstone County Residential Development CASA $646,200 Merritt Mill East CASA $746,500 Merritt Mill West EmPOWERment $264,400 606 Bynum Street EmPOWERment $211,300 116 Cole Street Center for Homeownership and Incomplete N/A EDS, Inc. 15 PROPOSAL RECOMMENDED LOCATION DESCRIPTION SCORE AWARD Habitat for $915,334 Parcel 3b of the 24 Owner 154.18 Humanity of Waterstone Occupied Orange County Residential Townhomes for Development, seniors ages 55 Hillsborough and above who earn between 30% and 80% of AMI (30% to 50% - 12; 51% to 60% - 8 and 61% to 80% -4) CASA $636,533 Merritt Mill East 12 New 146.95 Chapel Hill construction rental units Under 50% AMI with a priority for homeless and disabled CASA $736,833 Merritt Mill West 16 new 147.93 Carrboro construction Rental units Under 50% AMI with a priority for homeless and disabled EmPOWERment $211,300 116 Cole Street Acquisition of 3 94.57 bedroom rental housing for single family Under 50% AMI EmPOWERment 0 606 Bynum Street Acquisition of 89.71 rental housing for 2 families Under 60% AMI Center for 0 Incomplete N/A Homeownership and EDS, Inc. Total $2,500,000 53 Units The RFP's were evaluated based on the scoring criteria adopted by the County Commissioners on February 7, 2017. The total number of points available was 215 in the following categories: Income targeting and special needs, local residency, leveraging, building design, community design, community sponsorship/support, project feasibility and developers expertise. Based on the scoring criteria, existing units scored lower than new construction and proposals that did not leverage funds from other sources also scored fewer points. FINANCIAL IMPACT: The release of$2.5 million in Affordable Housing Bond funds. 16 Commissioner Marcoplos asked if there is a timeline for funds becoming available and projects starting. Annette Moore said the provided handout gives some timelines for these projects. She said different projects are requesting funds for different purposes, the timing of which can vary. She said project completions will occur between 2018-2020. Commissioner Marcoplos asked if these designs are typical of those used by the providers, and does the Planning Department have any impact on the design process. Annette Moore said it is left up to the organizations for the new construction buildings, all of which are highly energy efficient. Commissioner Rich asked if the Special Use Permits (SUPs) are from the Town of Chapel Hill. Annette Moore said yes. Commissioner Rich asked if staff foresees any problems with the SUPs. Annette Moore said no. Commissioner McKee said he calculates a total of 55 units, instead of 53. Annette Moore said her math might be wrong. Commissioner McKee said he just reviewed again, and there are is no funding for the final two proposed units. Commissioner Price asked if there was a major fall back for the second Empowerment project. Annette Moore said it was simply a lack of funding, and staff is recommending funding for the projects that scored the highest. Commissioner Price asked if the second Empowerment project were to be funded, by offering other projects a bit less money, would those other projects be able to continue to completion. Annette Moore said she does not know, but there are other funding opportunities for all of the projects, including Empowerment. Commissioner Price asked if this was the total number of applicants. Annette Moore said yes. Commissioner McKee asked if the providers that were not funded will be able to re- submit in the next round. Annette Moore said yes. PUBLIC COMMENT: Susan Levy, Executive Director of Habitat for Humanity, said they are excited that they will be receiving 99% of their funding request, and she recognized the Department on Aging and the Town of Hillsborough (this project will be in the Waterstone Development). She thanked the Board of County Commissioners and the staff for providing the bond funding in a timely manner. Delores Bailey said she is the Executive Director of Empowerment, Inc. She said they service those families at the lowest level, and their current rental-housing inventory is full. She thanked the Board for funding for rental units. She asked if the Board would re-consider Empowerment's unfunded project, which would provide two homes and be ready for occupancy at the end of June. Chinita Howard said she has been a resident of Chapel Hill for six years, and she is both concerned and thankful that the bond passed. She is thankful that the bond passed, but is concerned about the rapid growth in the area, and is worried that she may not be able to afford to stay in Chapel Hill. She said she hopes that there will be tangible accountability for applicants for bond funds. She encouraged the Board to be strategic with its funds, and not just take action for the sake of it. 17 Yvette Mathews is here representing Community Empowerment Fund. She said this organization has over 1,000 members, and more affordable housing units are needed. She asked the Board if there is a way to secure more funding for affordable housing projects, and invited the Board to visit these organizations and communities first hand. Mairella Hernandez said she is a Family Success Alliance Navigator. She said she works with many families, whom are undocumented immigrants living in bad conditions. She said despite their situation, these families still work and pay taxes and are looking for affordable housing like Empowerment provides. She asked the Board to fund Empowerment's second project. Jess Grandeis, CASA Housing Developer, said it has over 300 households on its waiting list. She said CASA is thankful for the funding it has received for its project. She said CASA is pursuing a SUP with the Town of Chapel Hill and a conditional use permit with the Town of Carrboro. She said the two Towns are demonstrating great collaborative effort. Chair Dorosin said he appreciated the comments from providers and clients. Commissioner Marcoplos said $5 million of bond funding is not a lot of money, and it is hard to meet the needs with this amount. He said home designs are becoming smaller, and he asked providers if their dwellings are becoming smaller and more efficiently designed. He said he would like to hear feedback on this topic, and money can go further when the dwellings are smaller. Delores Bailey said Empowerment's style is different, and it is purchasing smaller older homes that range from 600-900 square feet, in which Empowerment installs energy efficient appliances. Commissioner Marcoplos asked if the size of the apartments in the projected Waterstone senior housing could be identified. Susan Levy said she has provided floor plans to the Board, and there are three different types of units: a studio at 650 square feet; a 1-bedroom unit and 1-bedroom unit with a niche, both of which are less than 750 square feet. Jess Grandeis from CASA said the Merritt Mill development has 1-bedroom units at 600- 650 square feet, and the two-bedroom units are 900 square feet. She said CASA tries to be as cost effective as possible, in both square footage and amenities. She said there are some minimum floor plan square footage requirements in Chapel Hill, as well as with the North Carolina Housing Finance Agency, which is a major funder. Commissioner Price said she is concerned that the funding should be spread around, and currently the majority is going to two very good organizations; but she would like to fully fund Empowerment, as it works with existing housing stock, and can house people much faster. She said she would like to take away enough funding from the other two organizations to fund Empowerment's second project. She asked if staff would guide Empowerment in the request process, so that Empowerment can improve its submissions and achieve a higher score in the future. Commissioner Jacobs asked if Empowerment's project would have matching funding from the towns. Annette Moore said there is no matching fund, and Empowerment is asking for 100% of its funding from the County. Delores Bailey said the bond funding came quickly, and these two projects were already on Empowerment's list to do, and that is why these projects were submitted. She said the bond money is to help Empowerment to address the lowest needs, and Empowerment did not plan to leverage it. She said other funding sources include a time lag, and would ultimately require Empowerment to come before the BOCC and request funding, such as HOME or Community Development Block Grant (CDBG). She said the main concern is that Empowerment's housing inventory is full, and the goal is to get more as quickly as possible. She said the two projects 18 submitted by Empowerment are ready to go immediately, and that is why these two projects were chosen for submission. Commissioner Jacobs asked if there is any opportunity to approach the Towns for funding. Delores Bailey said this can be looked into, but there are no rentals available to put folks in; everything is full. She said she does not know if the Towns have any funding. She said there may be Northside Initiative money, but that funding source would require Empowerment to get a loan and buy a property back from Self Help, or wait for HOME or CDBG funds, which are not expected to happen. Commissioner Price said the people who will live in these properties are Orange County residents and she would hope that the County would provide the funding regardless of the municipalities. She said waiting for CDBG funds is foolish, as these funds are in no way guaranteed. Chair Dorosin said he agrees with Commissioner Price, and he thinks it will be important to evaluate the scoring matrix. He said it is curious to him that a project that has two houses, and is a comparable cost to a project with one house, would score lower. He said he is encouraged that these projects will increase rental properties, and Commissioner Price and Ms. Bailey made some good points. He said there are not leveraged funds from other entities, but noted that Empowerment plays a role in other County collaborations, such as the Family Success Alliance. He said the Board ought to consider all these factors when it makes this decision. He said he would be in favor in funding Empowerment's second project. Chair Dorosin said he is less concerned about who is here with these proposals, because the Board made a commitment to get these bond funds out in the community in an expeditious manner. He said new and innovative ideas are good, but it is important to get these funds into the hands of people who can provide housing as soon as possible, to the neediest population. Commissioner Jacobs said he liked the suggestion to use Capital Improvement Plan (CIP) funds to fund this project, as opposed to taking money from the other projects. Commissioner Jacobs talked about the matrix, and said no one really knew exactly what the Board wanted, and thus the Board was not provided adequate information. He said he would like to understand where all of their funding is coming from for each project, to hear from those who did the scoring; to see each scoring, and he would like to understand how monies can be better leveraged from other entities. He said he would like feedback from the providers regarding the matrix. Commissioner Jacobs said all of these units are in municipalities, and not out in the rural parts of the county, and he would like to see more done with manufactured housing. He said there should be incentives for organizations and developers to address these needs. He said the Board should review this entire process in the fall, and consider how it can be improved. Chair Dorosin agreed, and said there should be a de-briefing process for all stakeholders. Commissioner Rich asked if there is a timeframe on the next$2.5 million, and who is trying to be reached in that second round. Bonnie Hammersley said the next round is 18-19 for RFPs, and the targeted group will depend on whether the BOCC changes the criteria. She said the current matrix gave a higher score to projects that leveraged other monies. Commissioner McKee said he saw this round as a starting point and with some tweaking the process will improve. He said he has some concern about the second Empowerment project, but he will support the Board consensus, as this project will provide immediate housing and helps to support an existing neighborhood. He said he wants the greatest leverage for the dollars, so that the most people possible are served. He would like to see some leveraging from the Towns and/or private enterprise. 19 Commissioner McKee said he would prefer not to take funds from the other award recipients, if the Board does decide to fund the second Empowerment project. Commissioner Burroughs said this is an excellent start, and she is especially pleased with the speed of the process. She said she liked the idea of having a de-briefing of the process. She said she agrees with funding the second Empowerment project with funds from the CIP. Chair Dorosin said there are other things happening before the next draw down of the bond funds, such as the County land parcels set aside for development, the funds set aside for manufactured housing, etc. He said there is much work for the BOCC to do. Bonnie Hammersley said staff did go to the Towns with the second Empowerment project, and were unsuccessful. She said using previously set aside funds is probably the best strategy, and staff will continue to work with the Towns. She said staff has been working on the mobile home strategy with providers, and staff will probably have a draft to send to the Board over the summer. Commissioner McKee said he appreciated the Manager's comments. He said he would reach out to the Town boards. Commissioner Marcoplos asked if Hillsborough has an affordable housing fund. The answer was no. Commissioner Marcoplos said it would be worth talking to Hillsborough about this topic. Susan Levy said Hillsborough does not have a fund, but is receiving a payment in lieu fee from the Forrest Ridge development, which is being contributed to Habitat's Waterstone development. A motion was made by Commissioner Price, seconded by Commissioner McKee for the Board to accept the funding recommendations of the review committee, and also to fund the Bynum St. project from Empowerment with CIP funds VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner Burroughs to authorize the County Manager to sign all necessary legal documents associated with the affordable housing funding awards following approval by the County Attorney's Office, and to add to an agenda in the fall a meeting to debrief about the evaluation process. VOTE: UNANIMOUS c. Request to Name the Emergency Services Building as the Philip "Nick" Waters Center The Board discussed naming the Emergency Services building at 510 Meadowlands Drive in Hillsborough as the Philip "Nick" Waters Center. Bonnie Hammersley reviewed the background information: BACKGROUND: Philip "Nick"Waters was the Director of the Orange County Emergency Services Department from 1988 to 2004. Mr. Waters passed away after a short battle with cancer on April 21, 2004. The current Emergency Services Director, Dinah Jeffries, has requested that the Board of Orange County Commissioners (BOCC) name the Emergency Services building at 510 Meadowlands Drive in Hillsborough as the Philip "Nick" Waters Center because of Mr. Waters many contributions to Emergency Services in Orange County. These contributions included: • In 1993, Philip "Nick" Waters led the opening of the new 911 Center located at 1914 New Hope Church Road with all new and state-of-the-art equipment. 20 • In 1998, Philip "Nick" Waters spoke in favor of certification for 911 Tele-communicators under the umbrella of the Sheriff's Commission and the Commission voted to make certification mandatory for all Sheriff controlled 911 Centers. • Philip "Nick"Waters saw the need and hired the first Orange County Fire Marshal and first Emergency Management Coordinator. • Philip "Nick"Waters led Orange County through multiple disasters and with each disaster Mr. Waters saw an opportunity to teach and better prepare for the next one. Mr. Waters prepared the Emergency Services staff to be present and prepared to help residents and colleagues. • Philip "Nick"Waters was a mentor to each of the Emergency Services employees and constantly encouraged going outside of the "comfort zones." Mr. Waters taught the employees, the community and many of their government partners how to effectively react and respond to a crisis. Philip "Nick"Waters was recognized by many in the community for his dedication to leading the emergency responders in Orange County. Mr. Waters encouraged staff to do their best with the gifts and resources available and to always share their knowledge. In memory and appreciation of Philip "Nick"Waters' efforts, the proposal to name the Emergency Services building at 510 Meadowlands as the Philip "Nick" Waters Center is presented to the Board of Orange County Commissioners for consideration. Dinah Jeffries, Emergency Services Director, thanked the Manager for supporting her on this, and Commissioner Jacobs for reigniting this issue. Commissioner Jacobs said he has rarely seen someone that is so venerated by those with whom he worked. He said during the tenure of Nick Waters, there was concern about evacuation plans for the area around the Shearon Harris Nuclear plant, and Mr. Waters was the only Emergency Services Director in the state that spoke up. Commissioner McKee said he did not personally know Nick Waters, but has heard many respectful remarks about his moving the Emergency Services Department forward. A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs for the Board to consider naming the Emergency Services building at 510 Meadowlands Drive as the Philip "Nick" Waters Center and, as outlined in the Board's attached policy: 2.6 Upon receipt of the report and the recommendations of the Manager, the BOCC will state its intent to consider the adoption of a resolution for the naming or renaming of the public building, facility or land at the next or some subsequent meeting as determined by the BOCC. VOTE: UNANIMOUS 7. Reports NONE 8. Consent Agenda • Removal of Any Items from Consent Agenda • Approval of Remaining Consent Agenda 21 A motion was made by Commissioner Burroughs, seconded by Commissioner Rich 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 April 25 and May 2, 9 and 11, 2017 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for nine taxpayers with a total of nine bills that will result in a reduction of revenue in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release the property tax value for one taxpayer with a total of five bills that will result in a reduction of revenue, in accordance with North Carolina General Statute 105-381. d. Installation of Generators at Six Orange County Facilities The Board approved an Agreement with National Power Corporation of Raleigh, North Carolina in the amount not-to-exceed $492,096 for the purchase and installation of emergency generators for the Animal Services Center, Cedar Grove Community Center, Efland Community Center, Hillsborough Commons, Passmore Center, and the Rogers Road Community Center; and authorized the County Manager to sign. e. Request for Funding Assistance - Eno River Association Clean Water Management Trust Fund Applications The Board considered a request for matching funds from the Eno River Association for Clean Water Management Trust Fund grant applications for the acquisitions of the !ski and Hobgood properties and authorized the Manager to sign. f. Request for Funding Assistance — Botanical Garden Foundation, Inc. The Board considered a request for matching grant funding assistance for $100,000 from the Botanical Garden Foundation, Inc. for the purchase of a 12.8-acre property adjoining the Botanical Garden's Parker Preserve and authorized the Manager to sign. g. Updated Animal Services Advisory Board Policies and Procedures The Board received and approved the policies and procedures for the Animal Services Advisory Board as amended by Animal Services Advisory Board and Animal Services staff with legal review provided by the Office of the County Attorney. h. Adoption of Policies Related to North Carolina Housing Finance Agency (NCHFA) — 2017 Urgent Repair Program (URP17) Award The Board adopted the Assistance, Procurement and Disbursement Policies for the NCHFA 2017 Urgent Repair Program (URP17) grant and authorized the Chair to sign. i. Historic Rogers Road Sanitary Sewer Project Bid Recommendation and Award The Board awarded the bid to Moffat Pipe, Inc. (Moffat) for the construction of the Historic Rogers Road sewer infrastructure extensions to serve the Historic Rogers Road Neighborhood and authorized the Chair to sign. j. Interlocal Agreement with Orange Water and Sewer Authority Related to the Operation of Sewer Facilities in the Historic Rogers Road Area The Board reviewed and approved an interlocal agreement with the Orange Water and Sewer Authority (OWASA) that sets forth conditions of operation for the sewer infrastructure in the Historic Rogers Road Area and authorized the Chair to sign. 22 k. Adoption of the Final Financing Resolution Authorizing the Issuance of$13,700,000 in Installment Purchase Financing for Various Capital Investment Plan Projects The Board adopted the final financing resolution authorizing the issuance of approximately $13,700,000 in installment financing to finance capital investment projects and equipment previously approved by the Board and as identified in the resolution, and including amounts to pay transaction costs. 9. County Manager's Report Bonnie Hammersley reviewed the upcoming Budget Work Sessions: Projected June 8, 2017 Budget Work Session Items • Fire Districts • Functional Leadership Teams: General Government (Board of County Commissioners, Board of Elections, County Attorney, County Manager, Register of Deeds, Tax Administration, and Non- Departmental Items) Support Services (Asset Management Services, Community Relations and Tourism, Finance and Administrative Services, Human Resources, Information Technology, and Non-Departmental Items) Public Safety (Courts, Emergency Services, Criminal Justice Resource Office, Sheriff, and Non-Departmental Items • Discussion of County Pay and Benefits Projected June 13, 2017 Budget Work Session Items • Functional Leadership Teams: Human Services (Child Support, Social Services, Aging, Health, Housing, Human Rights, and Community Development, Library Services, Cardinal Innovations, and Non-Departmental Items) Community Services (Animal Services, Cooperative Extension, DEAPR, Economic Development, Orange Public Transportation, Planning and Inspections, Solid Waste, Sportsplex, and Non-Departmental Items) • Capital Investment Plan (CIP) Prioritization Projected June 15, 2017 Budget Work Session Items • Finalize Budget Decisions (Resolution of Intent to Adopt) on the FY2017-18 Annual Operating Budget and the 2017-2022 Capital Investment Plan She said there is a green sheet at the Commissioners' places with suggested operating budget amendments for consideration. 10. County Attorney's Report John Roberts said last night HB 406, targeting Orange County's impact fee authority, moved from the Senate Rules Committee to the Finance Committee. He said Senate Bill 615— 2017 Farm Act—was amended yesterday, and one of the provisions is a clarification of the law related to agri-tourism. He said the current law may imply that facilities that host events are exempt, if they are conducted on a farm; but this amendment specifically states that any building that is located on a farm and meets those criteria is exempt from local regulations if it hosts events, weddings, meals, etc. He said it is very broad language, and there is currently litigation in Orange County about this. He encouraged concerned residents to contact state legislators. 23 11. *Appointments a. Affordable Housing Advisory Board —Appointments The Board considered making appointments to the Affordable Housing Advisory Board. A motion was made by Commissioner Price, seconded by Commissioner Burroughs to appoint the following to the Affordable Housing Advisory Board: • Appointment to a first full term (position #1) "At-Large" for Keith Cook expiring 09/30/2019. • Appointment to a first full term (position #5) "At-Large" for Mae McClendon expiring 06/30/2020. • Appointment to a first full term (position #8) "At-Large" for Allison Mahaley expiring 06/30/2020. • Appointment to a first full term (position #10) "At-Large" for Douglas Boemker expiring 06/30/2019. • Appointment to a second full term (position #11) "At-Large" for Noah Oswald expiring 06/30/2020. • Appointment to a first full term (position #14) "At-Large" for Jenn Sykes expiring 06/30/2020. • Appointment to a partial term (position #15) "At-Large" for Cain Twyman expiring 09/30/2018. VOTE: UNANIMOUS b. Agricultural Preservation Board —Appointments The Board considered making appointments to the Agricultural Preservation Board. A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint the following to the Agricultural Preservation Board: • Appointment to a second full term (Position #2) "Cedar Grove Volunteer Ag. Dist." representative for Vaughn Compton expiring 06/30/2020. • Appointment to a first full term (Position #3) "Vol. Ag. District Caldwell Vol. Ag. Dist." Representative for Cecilia Redding expiring 06/30/2020. • Appointment to a partial term (Position #9) "At-Large" representative for Stephen P. Finley expiring 06/30/2018. VOTE: UNANIMOUS c. Carrboro Board of Adjustment—Appointment The Board considered making an appointment to the Carrboro Board of Adjustment. A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint the following to the Carrboro Board of Adjustment: • Appointment to a first full term (Position #2) "Transition Area" representative (Given the length of time that this position has been vacant, since 2013, the Carrboro Alderman are exercising the "90 day rule" and requesting that a resident of the Town of Carrboro be appointed) for Wil Heflin expiring 02/28/2019. 24 VOTE: UNANIMOUS d. Orange County Board of Adjustment—Appointments The Board will consider making appointments to the Orange County Board of Adjustment. PUBLIC COMMENT: Randy Herman said he is an applicant, and would like the Board's support for the alternate position. A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint the following to the Orange County Board of Adjustment: • Appointment to a first full term (Position #2) "At-Large" representative for Dr. Barry Katz expiring 06/30/2020. • Appointment of Randy Herman to a first full term (Position #4) "At-Large Alternate" representative BOCC Appointee 06/30/2020. VOTE: UNANIMOUS A motion was made by Commissioner Rich , seconded by Commissioner Marcoplos to appoint Holly Safi to Position #7 (currently designated as an "At Large Planning Board" position — but this position has been vacant since 2013- and according to staff, no one from the planning board has stepped up to volunteer for this position) with a term expiration date of 6/30/2019. VOTE: UNANIMOUS e. Orange County Housing Authority—Appointments The Board considered making appointments to the Orange County Housing Authority. A motion was made by Commissioner Marcoplos, seconded by Commissioner Jacobs to appoint the following to the Orange County Housing Authority: • Appointment to a second full term (position #4) "At-Large" for Diane Beecham expiring 06/30/2022. • Appointment to a first full term (position #5) "At-Large" for Daniel Bullock expiring 06/30/2022. VOTE: UNANIMOUS Chair Dorosin suggested that the Clerk's office contact some of this evening's public speakers that are residents of affordable housing units, to serve in the vacant positions of "Resident Member" (2 vacancies), or staff from the organizations that provide affordable housing such as Habitat or Empowerment, Inc. f. Orange County Parks and Recreation Council —Appointments 25 The Board considered making appointments to the Orange County Parks and Recreation Council. A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to appoint the following to the Orange County Parks and Recreation Council: • Appointment to a first full term (Position #4) "Chapel Hill City Limits" representative for Rachel Cotter expiring 03/31/2020. • Appointment to a first full term (Position #7) "Chapel Hill Township" representative for Katie Loovis expiring 03/31/2020. • Appointment to a second full term (Position #8) "Little River Township" representative for Robert Robinson expiring 03/31/2020. • Appointment to a partial term (Position #11) "Eno Township" representative for Gina Reyman expiring 12/31/2018. VOTE: UNANIMOUS g. Orange Water& Sewer Authority Board of Directors —Appointment The Board considered making an appointment to the Orange Water & Sewer Authority Board of Directors. A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to appoint the following to the Orange Water & Sewer Authority Board of Directors: • Appointment of Ray Dubose to a full term (Position #2) "County BOCC Appointee" with an expiration of 06/30/2020. A motion was made by Commissioner Price to appoint Daria Barazandeh to a full term (Position #2) "County BOCC Appointee" with an expiration of 06/30/2020. Motion failed for a lack of a second. VOTE: UNANIMOUS 12. Information Items • May 16, 2017 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under$100 • Memo Regarding Update on Chatham/Orange Joint Planning Task Force • BOCC Chair Letter Regarding Petitions from May 16, 2017 Regular Meeting Chair Dorosin said the Board has the option to go into a short closed session to complete the evaluations of the Clerk and the Attorney, or this could be deferred to Thursday. Commissioner McKee said he would prefer to defer until Thursday. Commissioner Marcoplos said he would not be present on Thursday. Commissioner McKee said he would be fine with proceeding this evening. 13. Closed Session 26 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to go into closed session at 10:17pm 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 RECONVENE INTO REGULAR SESSION: A motion was made by Commissioner Price, seconded by Commissioner Burroughs to reconvene into regular session at 10:43 p.m. VOTE: UNANIMOUS 14. Adjournment A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to adjourn at 10:44 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board