Loading...
HomeMy WebLinkAboutMinutes 09-19-2017 1 APPROVED 10/3/2017 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING September 19, 2017 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, September 19, 2017 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: Commissioner Burroughs 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 7:00 p.m. Chair Dorosin said that Commissioner Burroughs would be unable to attend tonight's meeting. 1. Additions or Changes to the Agenda Chair Dorosin noted the following items at the Commissioners' places: - Item 4-a: Orange County Arts Commission 2017-18 Grant Recipients - PowerPoint for item 6-a: Review of Affordable Housing Bond Scoring Criteria - PowerPoint and hand out for Item 7-a: Mountains to Sea Trail — Report on Segment 11 Trail Planning - PowerPoint for Item 7-b: Quarterly Update on Durham-Orange Light Rail Project Status PUBLIC CHARGE Chair Dorosin dispensed with the reading of the Pubic Charge. 2. Public Comments a. Matters not on the Printed Agenda Jim Merritt said he is the co-chair of the Veterans Memorial committee and he thanked the Board of County Commissioners (BOCC) for its contribution of$15,000. He said the first construction phase has been completed, and the objective is to pay-as- they-go, so that upon completion there will be no debt. He invited the Board of County Commissioners to join the Committee on November 10th for its Veterans Day event at 11:00 a.m. Commissioner Rich asked if there is an update regarding fundraising. Jim Merritt said about $30,000 total has been raised, and the total goal is $500,000 for the completion of the memorial. b. Matters on the Printed Agenda 2 (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 had no comments. Commissioner Price said her first petition was the following: The Orange County Frederick Douglass Bicentennial Planning Committee, consisting of individuals and community representatives from Orange County, is in the process of developing and executing several activities to commemorate the 200th anniversary of the birth of Frederick Douglass. James E. Williams, Jr., former Orange County public defender is spearheading this effort. One activity is to purchase 1000 copies of Narrative of the Life of Frederick Douglass:An American Slave by Frederick Douglass, and distribute them primarily to middle and high school students throughout Orange County. Student groups then would create or engage in service projects to address social justice issues in the community, based on their interpretation of the book. This activity is part of the One Million Abolitionists project introduced by the Frederick Douglass Family Initiatives to honor Douglass' 200th birthday. FDFI is printing one million copies of a special bicentennial edition of Douglass' Narrative, originally published in 1845, to be distributed nationwide. The cost for 1000 books is $4000, and the Bicentennial Planning Committee is requesting financial support from each of the towns and the county. The Towns of Carrboro and Chapel Hill each have agreed to donate $1000. I am petitioning the Board to allocate at least $1000 to this project. Both the Orange County Public Library and the Chapel Hill Public Library Systems are participating in this project. They are willing to use their outreach channels to assist in the distribution of the books, and are planning special activities for 2018. We have approached the school systems and are awaiting their response. The fiscal agent to receive all funds connected to this project is the Chapel Hill-Carrboro Branch of the NAACP, a 501[c] 3 nonprofit organization. Commissioner Price said her second petition pertains to an email she received (below) about the Tribal Council meeting last Thursday night, and the consensus is if Orange County wrote something, signed it and passed it around for signatures throughout other government municipalities in the state, including all the Tribes, that there may be a chance to stop the Atlantic Coast Pipeline: Good afternoon, I am emailing all Orange County Commissioners to say "thank you" for voting to make the second Monday in October "Indigenous Peoples Day," and I also have a proposal. I am a resident of Chapel Hill, an indigenous person, and I have been working since 2014 with other native peoples, nonprofits and allies to try to stop the Atlantic Coast Pipeline (ACP). I am asking you to consider a resolution against the ACP to honor NC native peoples for Indigenous Peoples Day. 3 The proposed route of the pipeline will plow through Haliwa, Saponi, Meherrin, Coharie, Lumbee and Tuscarora lands in NC (5 of NC's 9 tribes). It also will impact 7 tribes in Virginia. It is proposed to go through many wetlands that our ancestors hid out in during colonial days to escape slavery, would take land from our elders using condemnation (eminent domain), and the pipeline in some places will be within several hundred feet of trailers and homes that house our elderly and children (especially in Pembroke, NC). The Federal Energy Regulatory Commission will make their decision on or before October 19th to approve or not approve this project. If you supported a resolution against this project, it would mean a great deal to many indigenous people on the East Coast who have been fighting this since the beginning. If you would like more information on the proposed project, I would like to be a resource for you and can answer any questions you have, as well as providing maps, charts and other items. Thanks so much for all you do, Ericka Faircloth Standing Rep - Coalition of Woodland Nations Commissioner Price said Governor Cooper has delayed a decision on the ACP until December. Chair Dorosin asked if Commissioner Price would draft a resolution about this issue, and said he would be willing to help. Commissioner Rich had no comments Commissioner Jacobs asked if the Board could receive more information about what bio solids are being spread in Orange County, Class A or Class B. He said this is of keen interest to the public, and farmers specifically. Commissioner Jacobs said Chapel Hill-Carrboro City Schools' (CHCCS) Educator Mary Andrews has retired, and was named Toyota National Family Teacher of the Year. Commissioner Jacobs said David Price has moved his annual agricultural breakfast from Raleigh to the Whitted building in Hillsborough on December 4th. Commissioner Jacobs said Brooks Graebner is retiring as the pastor of St. Matthew's Episcopal Church in Hillsborough, after 27 years of service. Commissioner Marcoplos said he wanted to follow up on their September 7th work session about boards and commissioners, and he suggested one way to increase participation is to an exit poll with volunteers as they cycle off the various boards. Chair Dorosin had no comments. 4. Proclamations/ Resolutions/ Special Presentations a. Orange County Arts Commission 2017-18 Grant Recipients The Board considered acknowledging the local artists and arts organizations of 2017- 18 Orange County Arts Grants awards with the presentation of grant checks. Katie Murray, Orange County Arts Commission Director, reviewed the background information below: 4 BACKGROUND: The Orange County Arts Commission (OCAC) awards grants to local artists, schools and nonprofit organizations from funds received from the state and Orange County government for this purpose. These funds are distributed for arts projects and programs in all arts disciplines. In 2017, the OCAC changed the grants cycle from a biannual cycle into one annual spring cycle. Condensing the grants process into one spring cycle allows the OCAC more time to focus on new projects and programs to better serve the arts community. FINANCIAL IMPACT: A total of$63,713 was awarded to fourteen nonprofit organizations, ten schools and seven artists during the 2017-18 grants cycle. North Carolina Arts Council Grassroots Arts Program funds equaled $33,913, and the remaining funds of$29,800 were from Orange County. The Board acknowledged the local recipients of these awards during the meeting with the presentation of checks. Orange County Arts Commission 2017-18 Arts Grants Check Presentation BOCC Meeting I September 19, 2017 GRASSROOTS ARTS PROGRAM GRANT ORGANIZATION NAME OF REPRESENTATIVE The ArtsCenter Renzo Ortega Boomerang Youth Tami Pfeifer Carrboro Elementary PTA Lynn Weller Cedar Ridge High School for Orange County Tracy Thomas Chapel Hill Philharmonia Merida Negrete (Nah-greet-tay) Ephesus Road Elementary School PTA Helene Singer Estes Hills Elementary School PTA Liz Kalies (Kay-lees) Hillsborough Arts Council Neil Stutzer Hillsborough Elementary PTA Ashley Slaughterbeck Kidzu Children's Museum Melanie Levinson Mary Scroggs Elementary School PTA Sarah Cornette New Hope Elementary (Orange County Michele Woodson North Carolina Arts in Action Marlon Torres North Carolina Symphony Amanda Vollrath Northside Elementary School PTA Andrew Riggs One Song Productions Rachel Broun Orange County Historical Museum Candace Midgett Pathways Elementary (Orange County Schools) Tracy Thomas Phillips Middle School PTSA Cristina Smith Street Signs, Inc. John McGowan Voices, the Chapel Hill Chorus Marjorie Bender Women's Voices Chorus Amy Glass ARTIST PROJECT GRANT RECIPIENTS 5 NAME OF ARTIST Dawn Hummer Jenks Miller Renzo Ortega Marie Rossettie Donn Young b. Disability Employment Awareness Month Proclamation The Board considered voting to approve a proclamation designating October 2017 as Disability Employment Awareness Month, and authorizing the Chair to sign the proclamation. Tyran Fennell, Human Resources Manager, said she is here on behalf of Brenda Bartholomew, Human Resources Director, and is joined by Johnny Burnette and Thelma Cox from Vocational Rehabilitation. Tyran Fennell reviewed the background information below: BACKGROUND: October is National Disability Employment Awareness Month. Persons with disabilities have skills, talents, and dreams, and with respect and acceptance, individuals with disabilities — mental or physical — can participate in society and the work force to their fullest capacity. Workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of Orange County efforts to build an inclusive community and strong economy. Commissioner McKee read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION DISABILITY EMPLOYMENT AWARENESS MONTH OCTOBER 2017 WHEREAS, October is National Disability Employment Awareness Month; and WHEREAS, workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy; and WHEREAS, the United States Department of Labor has designated October as National Disability Employment Awareness Month to bring greater awareness to the many contributions people with disabilities make daily to all communities; and WHEREAS, Orange County recognizes that persons with disabilities offer the workplace great talent and we cannot afford to overlook or not use to their talents to the highest potential; and WHEREAS, Orange County believes diversity in the workforce is reflective of our community's commitment to inclusivity; NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim October 2017 as Disability Employment Awareness Month and encourage employers, schools and other community organizations in Orange County to advance its important message that people with disabilities are equal to the task throughout the year. 6 This the 19th day of September 2017. A motion was made by Commissioner McKee, seconded by Commissioner Price for the Board to approve the proclamation designating October as Disability Employment Awareness Month and authorize the Chair to sign the proclamation. VOTE: UNANIMOUS Commissioner Jacobs asked if the Manager would bring a report back to the Board on October 3rd regarding how Orange County is doing with employing disabled residents in its work force. 5. Public Hearings a. Public Hearing on Refinancing Existing Loan Obligations The Board considered conducting a public hearing on the issuance of up to $51 million to refinance existing installment financing to achieve an estimated $2.4 million in debt service savings; and approving a resolution supporting the County's application to the Local Government Commission (LGC) for approval of the refinancing plan. Gary Donaldson, Chief Financial Officer, reviewed the following information: BACKGROUND: The County and its financing team estimates that the total amount to be refinanced is an amount not to exceed $51 million in Limited Obligation Bonds. Although the Refinancing Summary (Attachment 3) currently identifies an amount of$41.9 million based on the current market, the difference between the $41.9 million amount in the Refinancing Summary and the Not to Exceed amount of$51 million in the Resolution is the financing's team effort to maintain flexibility in accommodating various bond pricing alternatives. The Not to Exceed amount provides sufficient pricing considerations to refinance the six loans that have been identified as potential refunding candidates in this negotiated financing. The County's financing team will work to secure the lowest cost of funds and to maximize the debt service savings associated with the refunding. If the Board adopts the resolution indicating its intent to continue with the refinancing plan, the Board will be asked to consider a resolution giving final approval to the refinancing plans at the October 3, 2017 BOCC meeting. A copy of the published notice of this hearing is in the abstract. North Carolina statutes require that the County conduct a public hearing on the proposed financing. After conducting the public hearing and receiving public input, the Board will consider the adoption of the resolution (Attachment 2). This resolution formally requests the required approval from the North Carolina Local Government Commission (LGC) for the County's refinancing. The refinancing of existing installment loan obligations is designed to provide savings to the County without extending the terms of the existing loans (Attachment 3). The proposed financing would be secured by a lien on some or all of the property purchased or improved through the loans that are being refinanced, as well as the County's promise to repay the 7 financing. The County expects that the collateral for the financing will consist of some or all of Morris Grove Elementary School, the County Justice Facility, Northside Elementary School, the Orange County library building in Hillsborough, and the County's West Campus Office Building located at 131 West Margaret Lane in Hillsborough. Bob Jessup, Bond Counsel, said there is a resolution before the BOCC to take the first of two actions connected with this refinancing. He said the Local Government Commission (LGC) wants a resolution from the Board expressing support for the application, and making certain findings that support the LGC's own conclusion. He said this is relatively straightforward, and essentially the Board will be saying, "we're doing this because it will save us a lot of money". He said this evening, the Board will be asked to adopt the resolution in the form presented, and a final approval will be sought in mid-October. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to open the public hearing. VOTE: UNANIMOUS PUBLIC COMMENT None A motion was made by Commissioner Price, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS Commissioner McKee said this is another in a series of refinancing efforts, which has resulted in many millions in savings. Commissioner Rich asked if there is a reason this item will come back in October. Bob Jessup said under the LGC guidelines, there needs to be a preliminary resolution in support of the application, followed by the approval of the more final terms and necessary documents to carry out the financing, in October. He said the approval in October must come after the LGC's approval. Commissioner Jacobs asked Gary Donaldson if the County could have considered budgeting for next year, or is this just found money. Gary Donaldson said these types of funds are not typically projected in an ongoing budget. Commissioner Jacobs said theoretically, this amount of money could go to deferring the amount of indebtedness that will exist upon the issuance of bonds this coming fiscal year, which therefore might reduce the possibility of a tax increase. Gary Donaldson said it will not be a material reduction, and will not be sufficient to offset the debt. A motion was made by Commissioner Price, seconded by Commissioner Rich for the Board to adopt the resolution (attachment 2) supporting the application to the Local Government Commission for approval of the refinancing. VOTE: UNANIMOUS 8 6. Regular Agenda a. Review of Affordable Housing Bond Scoring Criteria The Board considered the following changes to the affordable housing bond scoring criteria: 1. Due to the inherent differences between new construction and the acquisition and preservation of existing housing, score and recommend new construction projects separately so that they do not compete with the acquisition of existing housing stock. 2. Define special needs populations as seniors, people with disabilities, veterans, individuals or families experiencing homelessness, and victims of domestic violence. The special needs score will be prorated based on the number of units dedicated to serving residents with special needs. 3. Define residency as households currently residing or working in Orange County. Clarify reporting to include marketing and recruitment efforts to Orange County residents and reporting requirements once the project is completed. 4. Eliminate the ability to pay property taxes as a scoring criterion since most affordable rental property is owned by a non-profit and exempt from property tax. 5. Eliminate the ability to repay bond funds as a scoring criterion since the focus of bond funds should be to serve lower income households. BACKGROUND: On June 6, 2017 the Board of County Commissioners awarded $2.5 million in affordable housing bond funds to projects that had submitted proposals through a request for proposal process. The County received six proposals from affordable housing providers. One of the proposals was incomplete, so five of the six proposals were scored using standard scoring criteria (Attachment 1). Based on the scoring criteria and available funds, four of the five remaining projects were recommended for funding. One of the projects submitted by EmPOWERment (606 Bynum Street) was not recommended for funding. The Board of Commissioners funded this project using other affordable housing funds appropriated in the Capital Investment Plan. During the discussion of the bond awards, the Board requested an analysis of the scoring criteria to determine why some projects scored higher than others. The following describes how the projects scored under each category as well as feedback from the Affordable Housing Coalition. A summary of scores by project is attached (Attachment 2) as well as a selection narrative (Attachment 3). Each project was scored using eight categories as described below. 1. Income Targeting and Special Needs The income targeting and special needs category awarded more points to projects that served lower income households. Up to twenty-five points were available to projects serving households with incomes under thirty percent (30%) of the area median income. All of the projects scored well for serving low income households. However, this category 1 also awarded an additional twenty (20) points to projects serving at least one special needs population. Both of the projects submitted by CASA as well as the project submitted by Habitat for Humanity earned the additional points for serving at least one special needs population. The EmPOWERment projects did not receive those additional special needs points. Affordable Housing Coalition members requested a clear definition of the special needs populations that would qualify for the additional points and a way to prorate the 9 special needs scores based on the number of units dedicated to serving a special needs population. 2. Local Residency The Local Residency category was intended to award points based on whether the project would serve County residents. The Request for Proposal was not prescriptive on how achieving that goal should be reported. As a result, the responses varied too widely to score them consistently. This criterion will be better defined in the next scoring process to correct this issue. Affordable Housing Coalition members also requested more clarity on residency qualifications in its review of the criteria. 3. Leveraging The Leveraging category awarded points based on the degree to which non-County funds were used to fund the project. The project submitted by Habitat for Humanity leveraged sixty four percent (64%) of non-County funding. The two projects submitted by CASA leveraged between sixty five percent (65%) and sixty seven percent (67%) of nonCounty funding. The projects submitted by EmPOWERment did not apply any nonCounty funds. This category also evaluated the project's ability to pay property taxes. The scoring team noted that this criterion rewards projects that would be privately owned rather than owned and operated by a non-profit. This incentive seems inconsistent with the need to increase the supply of affordable rental housing that is often owned by a non-profit entity and exempt from property taxes. Affordable Housing Coalition members also questioned awarding points for the repayment of bond funds noting that serving lower income households requires significant subsidy and does not allow for financial margins that would support bond repayment. This criterion may be appropriate if a private developer were building a mixed income project that generated enough income to repay some of the public investment. 4. Building Design The Building Design category awards points for energy efficiency, accessibility, proximity to public transportation, and high quality water and sewer services. The new construction projects submitted by CASA and Habitat were able to score well in energy efficiency and accessibility. The EmPOWERment projects did not score as well because EmPOWERment proposed purchasing existing homes that would require extensive retrofitting to compete with new construction. 5. Community Design The projects scored comparably in this category, but it does slightly favor new construction projects in that it award points to adding to a mix of housing within an existing neighborhood. 6. Community Sponsorship/Support The projects scored comparably in this category. 7. Project Feasibility The project feasibility category favors projects where funding, other than bond funding, is in place at the time of application. Since the EmPOWERment projects did not leverage outside funding, they did not score as well as others in this category. 8. Developer Experience The projects scored comparably in this category. All of the projects were sponsored by affordable housing providers with extensive experience serving the Orange County community. Travis Myren made the following PowerPoint presentation: Review of Affordable Housing Bond Scoring Criteria 10 September 19, 2017 Southern Human Services Center Decision Points • Review and consider revisions to scoring criteria used to evaluate affordable housing bond proposals o New construction versus preservation o Refined definition of special needs populations o Refined definition of local residency o Ability to repay property taxes (Non-Profits) o Ability to repay bond funds (Non-Profits) Projects Awarded • Habitat for Humanity of Orange County (Hillsborough-Waterstone) o 24 Townhomes for residents 55 and older • 12 units targeting 31% to 50% Area Median Income • 8 units targeting 51% to 60% Area Median Income • 4 units targeting 61% to 80% Area Median Income o Project Cost - $2,568,500 • County grant - $925,000 • 36% County funds/64% leveraged from other sources • County investment per unit - $38,542 • CASA— Merritt Mill West (Carrboro) o 16 Rental Apartments • Priority for homeless residents and residents with disabilities • Some units reserved for veterans • 12 units targeting incomes under 30% Area Median Income • 4 units targeting incomes under 50% Area Median Income o Project Cost - $2,213,450 • County grant - $746,500 • 34% County grant funds/66% leveraged from other sources • County investment per unit - $46,656 • CASA— Merritt Mill East (Chapel Hill) o 12 Rental Apartments • Priority for homeless residents and residents with disabilities • 8 units targeting incomes under 30% Area Median Income • 4 targeting incomes under 50% Area Median Income o Project Cost - $1,808,025 • County grant - $646,200 • 35% County grant funds/65% leveraged from other sources • County investment per unit - $53,850 • EmPOWERment— 116 Cole Street (Chapel Hill) o 1 —Three Bedroom Existing Home for Rental • Targeting incomes between 30% and 50% Area Median Income o Project Cost - $211,300 • County grant - $211,300 • 100% County grant funds • County investment per unit - $211,300 • EmPOWERment— 606 Bynum Street (Chapel Hill) 11 o 2 Existing Homes for Rental • One three bedroom home • One two bedroom home • Targeting incomes between 30% and 50% Area Median Income o Project Cost - $264,400 • County grant - $264,400 • Funded using other Affordable Housing Funds in CIP • 100% County grant funds • County investment per unit - $132,200 Scoring Criteria and Evaluation • Income Targeting and Special Needs —45 Points o All projects serve lower income households • 36% of units created are serving households under 30% of Area Median Income • 78% of units created are serving households under 50% of Area Median Income o Special Needs • Three of the five projects serve special needs populations • Any special needs populations served awarded 20 points o Recommended Changes • Better define special needs populations • Prorate scores for proportion of units serving residents with special needs • Local Residency o Applicants not directed on how to report local residency o Reporting across applicants was inconsistent o No scores assigned o Recommended Changes • Define residency as households residing or working in Orange County • Award partial score based on marketing and recruitment efforts • Award partial score based on estimated local residents served with a reporting requirement upon occupancy • Leveraging o Leveraged Funds • Habitat for Humanity— 64% • CASA Merritt Mill West— 65% • CASA Merritt Mill East— 67% • EmPOWERment Cole and Bynum — 0% o Mixed Use and Mixed Income points o Recommended Changes • Eliminate ability to pay property taxes for non-profit agencies since rental property owned and operated by non-profit (2 points) • Eliminate ability to repay bond funds for non-profit agencies due to low operating margins serving lower income residents (13 points) 12 Chair Dorosin asked if the three higher scoring projects got the 13 or 15 points that are discussed on this slide, while the two lower scoring projects did not. Travis said no, and because all of these are rentals, and owned by non-profits, none of the applicants got any of those points in this round. He said in the future there may be a private developer that has some mixed income project that has to pay property taxes, and also has the financial margin to be able to repay the bond funds. He said those criteria could be eliminated for the non-profit applications. • Building Design o New Construction Projects • Highest degree of energy efficiency • No retrofit for universal design • Lowest maintenance o All scored well for accessibility to services, water/sewer, and public transportation o Recommended Changes • Score new construction and preservation projects separately Commissioner Price asked if the Board could apply more points if a project is preserving existing housing stock, or gutting an existing home. Travis Myren said that is a possibility, and the suggestions reflect some of the systemic issues noticed between some of the new construction projects versus the preservation projects. • Community Design o Scores comparable across projects o New Construction Projects • Adds mix of housing to an existing neighborhood o No recommended changes • Community Sponsorship & Support o Scores comparable across projects o No recommended changes • Project Feasibility o New construction • Site control achieved • Funding (other then County funding) is in place o No recommended changes • Developer Experience o Scores comparable across projects o No recommended changes Recommendations for Consideration: 1. Due to the inherent differences between new construction and the acquisition and preservation of existing housing, score and recommend new construction projects separately so that they do not compete with the acquisition of existing housing stock. 13 2. Define special needs populations as seniors, people with disabilities, veterans, individuals or families experiencing homelessness, and victims of domestic violence. The special needs score will be prorated based on the number of units dedicated to serving residents with special needs. 3. Define residency as households currently residing or working in Orange County. Clarify reporting to include marketing and recruitment efforts to Orange County residents and reporting requirements once the project is completed. 4. Eliminate the ability to pay property taxes for non-profit agencies as a scoring criterion since most affordable rental property is owned by a non-profit and exempt from property tax. 5. Eliminate the ability to repay bond funds as a scoring criterion for non-profit agencies since the focus of bond funds should be to serve lower income households. Commissioner Price asked if there was any discussion about increasing the number of applicants for the bond funds, and whether this should be opened up to smaller developers. Sherrill Hampton, Housing, Human Rights and Community Development Director, said staff is looking at how to build the capacity of the non-profits, so that they can take on more. She said there may be opportunities to bring in a national non-profit to assist and she said staff is encouraging private developers to look at what the County is offering, especially County- owned parcels. She said she hopes to update the BOCC at a later date. Commissioner Rich referred to the idea of tracking new construction versus existing construction, and asked if the decision-making process, for fund allocation to these two types of construction, could be clarified. Travis Myren said staff is not recommending setting aside any bond money for preservation of existing stock, but rather looking at the projects independently, and then bringing them to the Board for a discussion about the top priorities that the BOCC is seeking to accomplish. Commissioner Rich said she had concerns about this, and she is glad that staff is not doing this. She said there are advantages and disadvantages to both new construction and preservation, and she wants to stretch the dollars as far as possible PUBLIC COMMENT: None Commissioner Jacobs said his first suggestion is that if the BOCC wants to better define the criteria, he is unsure that spending 1/3 of the points on project feasibility is a good idea. He said a lot of this is pro forma, and should be expected of any solid application. Commissioner Jacobs said workforce housing is not really being addressed, and he would like to do a better job of capturing this population. He said there is a lot of need, but it is hard to determine who is most needy, other than simply looking at income. He said he spoke with Chapel Hill-Carrboro City Schools' (CHCCS) Superintendent Pam Baldwin, who was involved in a project in Asheville, where teacher housing was built on school property. He said he would like to consider these types of creative ideas. Commissioner Jacobs said there is almost nothing in this discussion about the private sector developers, and he said staff could work with the local chambers, businesses, etc. Commissioner Marcoplos said the developer experience category goes against private sector participation, and this is not in the County's best interest. He said the County should seek innovation. 14 Commissioner McKee said he agreed with both Commissioner Jacobs and Marcoplos on the private developer issue. He would like to see a discussion between the Manager, Attorney and the Planning Department, to see if this type of housing can be done, or would there need to be changes in the Unified Development Ordinance (UDO). Commissioner Price said private developers expressed interested by attending information meetings, but they did not apply for funding. She said it is important to understand what deterred them from doing so. Commissioner Rich said she thought the first cycle was for non-profits, and the second cycle for others. Bonnie Hammersley said everyone was invited to participate. Chair Dorosin said the rentals were prioritized in the first cycle, which favors the non- profits. Commissioner Price said she did talk with one person that was interested in developing a rental property. Chair Dorosin said the special needs definition was a great addition, and he would add section 8 vouchers holders to the list. He said he would be amenable to eliminating the residency question in number 3. Chair Dorosin agreed with Commissioner Jacobs that the site control and feasibility points are too high. He said the definition of"developer experience" could be broadened. Chair Dorosin said he is in favor of#4 and #5, and he agreed with Commissioner Price about assigning points to those who seek to preserve existing housing stock. Chair Dorosin referred to workforce housing, and wondered exactly what people mean by this. He said the economic ranges being used encompass workforce housing. He said this may be more of a messaging issue. Commissioner Jacobs said it could be a messaging issue, and suggested getting more information and profiling who is being served by these projects, and how they are employed. Commissioner Jacobs said he would rather define residents by their role in the community not by their income. Chair Dorosin asked if staff would research the salaries of starting teachers in both school systems, sheriff deputies, EMTs, etc. Commissioner Jacobs referred to points #4 and 5, and said if these differentiated between private and non-profits then he would be okay with staff's recommendation. Commissioner Jacobs said with #3, he would prefer to target those who work or live in Orange County. Commissioner Jacobs reiterated a point made at a previous meeting about asking people who are tearing down a home to gift it to Orange County, and then the County can move the house to County-owned property. He said the County could build a community. Commissioner Rich said she agreed with Commissioner Jacobs. Commissioner Marcoplos said affordable housing projects often have unappealing landscaping, and there should be some measure for the provider to provide landscaping, such as trees. He added that many senior units do not have outside porches/screened in porches. Commissioner Price referred to the residency requirement, and said former Orange County residents who could not afford to live here anymore, should be encouraged to come back. A motion was made by Commissioner Price, seconded by Commissioner Jacobs to approve: 15 1. Due to the inherent differences between new construction and the acquisition and preservation of existing housing, score and recommend new construction projects separately so that they do not compete with the acquisition of existing housing stock. Bonnie Hammersley said three proposals for the parcels have recently come in, and staff was hoping to use these criteria for these three projects so that they can move forward. Chair Dorosin clarified that any changes made tonight would be used to score the new projects. Bonnie Hammersley said yes. Commissioner Rich clarified that the applications are only for the parcels. Bonnie Hammersley said yes, and these applications can be ranked by these criteria. Commissioner Price asked if the applicants were expecting to be score by the previously existing criteria. Bonnie Hammersley said the housing coalition requested a delay on the parcels, and she expects they knew there could potentially be changes. Chair Dorosin said if these criteria are going to be use now, any changes should be specific. He asked if a point value should be assigned to preservation, or if the three proposals be evaluated under the existing criteria. Commissioner Jacobs said he would trust the Manager's judgment on the three applications, and he does not want to make changes on the fly. He said he would like to see more refinement before giving them values. Bonnie Hammersley said they will go forward with existing criteria, and bring back further information to the BOCC. Chair Dorosin said any proposals that come in from tonight onward will be subject to any new changes in the criteria. VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner McKee to approve: 2. Defining special needs populations as seniors, people with disabilities, veterans, individuals or families experiencing homelessness, holders of section 8 vouchers, and victims of domestic violence. The special needs score will be prorated based on the number of units dedicated to serving residents with special needs. Commissioner Jacobs said he is happy to leave veterans in, but noted this may be duplicative as veterans are covered in many other areas. VOTE: UNANIMOUS Chair Dorosin asked to get more information on veterans. A motion was made by Commissioner Jacobs, seconded by Commissioner Price to: 3. Define residency as households currently residing or working in Orange County or having resided in Orange County. VOTE: Ayes, 4 (Commissioner McKee, Commissioner Price, Commissioner Rich, Commission Jacobs); Nays, 2 (Chair Dorosin and Commissioner Marcoplos) 16 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to accept# 4 and # 5: 4. Eliminate the ability to pay property taxes as a scoring criterion since most affordable rental property is owned by a non-profit and exempt from property tax. 5. Eliminate the ability to repay bond funds as a scoring criterion since the focus of bond funds should be to serve lower income households. VOTE: UNANIMOUS Chair Dorosin summarized the topics for further discussion: incentivize private sector; feasibility of developing a program with housing tear downs — costs and how broad of a program; workforce housing; developer experience - redefine; reduce feasibility points; and expand guidelines for landscaping and healthy living. Commissioner Marcoplos asked if there should be an "intangibles" category in this process. He said this is a rigid process, and some flexibility may be needed to allow for creativity and innovation. Chair Dorosin said the goal was to make this more of an objective process, and the Board did demonstrate flexibility by funding the EmPOWERment projects via more subjective decision-making. Bonnie Hammersley said the new housing director had similar concerns about the criteria, and if it is possible to look at projects that do not necessarily fit the mold. She said she told her yes, and that such ideas can be brought to the BOCC. Commissioner Price agreed with Commissioner Marcoplos. Commissioner Jacobs said both are right, and the Board did make exceptions with EmPOWERment. He said perhaps 5 points could be added to the criteria for intangibles, such as creativity. Commissioner Jacobs asked Jeff Thompson, Asset Management Services Director, if he could provide the BOCC with some figures about moving structures. 7. Reports a. Mountains to Sea Trail — Report on Segment 11 Trail Planning The Board received a report regarding the results of community meetings, information gathering, and trail planning efforts undertaken to identify a route(s) for the "Segment 11" portion of the NC Mountains to Sea Trail (MST), from Hillsborough to Alamance County, and provide direction to staff on next steps. BACKGROUND: The North Carolina Mountains to Sea Trail (MST) is a continuous off-road trail that will link Clingman's Dome in the Great Smoky Mountains National Park to Jockey's Ridge State Park on the state's Outer Banks. The trail is part of the North Carolina State Parks system. At present over 650 miles of the roughly 1,000-mile trail route is open for use. In 2014, the N.C. Division of Parks and Recreation contracted with consultants to complete a statewide MST Master Plan. The statewide master plan, approved in 2015, includes an established corridor (or "swath") for the MST across the state, broken into defining segments. The plan includes information about each segment, prioritization and plans for further work 17 along the MST, centralized web-based content about progress along the trail corridor, and a set of tools and guidelines to assist trail planning partners. One of the regions in the state where the trail corridor was in need of further identification is the Eastern Piedmont section, from Greensboro to Durham. Segments of the adopted MST corridor traverse Orange County, entering from southwestern Orange County at the Haw River or Alamance County line, and continuing northeast through lands owned by the Orange Water and Sewer Authority around Cane Creek Reservoir. The MST corridor continues northeast to the Orange County Upper Eno Nature Preserve (Seven Mile Creek) lands, before entering Hillsborough along the Town's Riverwalk and heading eastward into Eno River State Park and Durham. In the statewide master plan, these are defined as two segments —the section from Alamance County to Occoneechee Mountain at Hillsborough being "Segment 11", and the section from that point eastward to Durham County identified as "Segment 12". These segments are also reflected in the adopted Orange County Parks and Recreation 2030 Master Plan. Segment 12 from Hillsborough to Durham County is almost exclusively contained within the Town of Hillsborough's Riverwalk and Eno River State Park, such that the eventual trail location is already identified. For that reason, Segment 12 was not addressed in this trail planning effort. However, the actual route for Segment 11 in the statewide master plan was not identified, and required refinement. Segment 11 presents challenges not present in most other segments of the MST corridor in the state, in that it crosses from the Cape Fear basin to the Neuse River basin, requiring a substantial section of trail route that does not have a natural feature to follow and goes "up and over" the ridge between the two basins. Recognizing the need to explore a refinement of the MST statewide master plan corridor "swath", the Board asked staff in the winter/spring of 2016 to pursue a process of identifying a route (or routes) for Segment 11 of the MST, including community meetings and information gathering and sharing. Between April 2016 and March 2017, information was gathered and presented for three community meetings about the MST on the planning for an identified route. As a part of this, a significant amount of information was shared and requested, some of which are provided as attachments to this agenda item. Concurrent with the County's planning process, the Orange Water and Sewer Authority (OWASA) considered the MST and conditions for use of OWASA land for the MST on two occasions in 2016, and on August 25, 2016, adopted a set of conditions for use in allowing the MST to traverse OWASA land near Cane Creek Reservoir. At the March 9, 2017 community meeting, a draft map was unveiled based on the discussions and planning that had occurred to date, showing a "Proposed Trail" location, two "Alternate Trails", and a new concept, a "Multi-Modal Trail". Consistent with prior and current Capital Investment Plans, a proposal to address the trail in sequential fashion was also shared, with the portion that would extend Hillsborough's Riverwalk from Occoneechee Mountain to the Seven Mile Creek Nature Park (Upper Eno Nature Preserve) as the first sub-segment to be addressed. Seven Mile Creek is projected to have a "waystation" or trail node that would provide for trail access, overnight camping for long-distance hikers and some level of convenience services. This segment approach is also consistent with the desires of the State Parks system, which prioritizes extension of existing segments (Riverwalk) over creating new freestanding segments of the trail. Additionally, State Parks has recently notified the County 18 that the River Park portion of Riverwalk in Hillsborough has been formally accepted into the MST. In addition to community attendance and participation in meetings on Segment 11 planning, a staff working group was formed to help identify important components of the planned route. This group included representatives of the following departments and organizations: • OWASA • North Carolina Department of Transportation (NCDOT) • NC State Parks • NC Forest Service • Orange County Emergency Services • Orange County Sheriff's Office • Orange County Planning Department • Orange County Department of Environment, Agriculture, Parks and Recreation Additionally, professional facilitator Andy Sachs from the Dispute Settlement Center was hired to facilitate and help plan for the meetings. Consultation and advice was also provided by the County Manager, County Attorney and Risk Manager. Staff will present the following information at the meeting for the Board's consideration and further direction: • The results of the Segment 11 MST planning process • The Proposed Segment 11 MST Trail Map (with alternates) • A proposed course of action for beginning to acquire trail easements and trail construction and infrastructure, beginning with extension southwest from Occoneechee Mountain. Consistent with the wishes of the OWASA Board, the planned next steps for the MST, once approved, will be communicated to the OWASA Board and staff. FINANCIAL IMPACT: There is no financial impact associated with the receipt of this report. Funding for the planned first phase of MST trail easements, construction and associated equipment and appurtances was included in the FY 2016-17 budget as part of the County's Capital Investment Plan. Grants for trail easement acquisition will be applied for to lessen County costs, and MST needs are listed as a high priority for State grant programs such as the Parks and Recreation Trust Fund. Trail construction and maintenance is expected to include partnership with the Friends of the Mountains to Sea Trail organization. Allotments of funds for future sub-segments of the MST are scheduled in the County's Capital Investment Plan for FY 2019-20 and FY 2023-24 or beyond. David Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR) Director, made the following PowerPoint presentation: Mountains to Sea Trail (MST) Segment 11 Plan and Next Steps The N.C. Mountains to Sea Trail • Part of the State Parks System • Clingman's Dome to Jockey's Ridge • Connects State Parks, Open Spaces • Much of Trail Exists — But Not Eastern Piedmont 19 Statewide MST Master Plan • Commissioned by State Parks in 2014 • Plan identified corridors ("swath") for MST • Orange County o Segment 11: Alamance to Occoneechee Mtn o Segment 12: Occoneechee Mtn to Durham Segment 11 Corridor • Up Cane Creek, around Cane Creek Reservoir • Northeast to Seven Mile Creek • Connects to Occoneechee Mtn Trails • Segment 12 - Route Largely Identified Challenges of Segment 11 • Stretch with no natural features to follow • Crosses over the Neuse/Cape Fear basin boundary ("cross-country") • Southernmost section of Cane Creek winds across county line Trail Route Planning Process • Board instructs staff to develop community meetings to gather info & identify route(s) • Three community meetings between April 2016 and March 2017 • Facilitator-led meetings on info-sharing and draft trail routes and next steps OWASA Consideration of MST • OWASA Board reviewed and considered possible use of OWASA land at Cane Creek Reservoir as per statewide plan • Board discussed possible conditions for use on June 23 and August 25 • Conditions adopted on August 25 • Public comments — at www.owasa.org Creating a Proposed Route • Staff worked over winter to look at all comments, master plan and conditions • Identified a "Proposed Route" • Also identified two alternates and a "Multi-Modal Trail" • Work with willing landowners Proposed MST Segment 11 Map 11-A: Occoneechee Mountain to Seven Mile Creek 11-B: Seven Mile Creek to Bradshaw Quarry Road 11-C: Bradshaw Quarry Road to NC 54 11-D: NC 54 to Alamance County line Possible First Steps • State priority is on expanding existing sections of trail • Expanding Riverwalk from Hillsborough • Connect to Seven Mile Creek (possible trailhead and waystation) 20 Recommendation • Receive the report, maps and proposed next steps • Receive public comment • Provide direction and feedback to staff • Schedule the plan for further discussion and decision Commissioner Price asked if this acquisition of land is incumbent upon the County. David Stancil said there are sponsors, typically jurisdictions, who provide most of the funding, as well as the state/other sources that can be leveraged. He said Alamance County has $300,000 from the State Parks and Recreation Trust Fund to match its money for trail acquisition. PUBLIC COMMENT: Allan Green said he is a resident of Cane Creek/Bingham Creek, and an avid MST hiker; and has been on past Parks and Recreation Board. He is encouraged that there is a proposed route, and that it includes an option for an interim route on roads, while the wilderness parts of the trail are being completed. He said the proposed portion around Cane Creek is disappointing though, and does not include the shoreline of the lake, and he wanted to know why. He said north of Cane Creek the route follows on private land, and he wonders how this will work, and if an alternate route will be needed here as well. He noted that it has been two years since the initial meeting on the MTS, and he hoped that the Board would encourage staff to pursue this. Todd Stabley is the Chairman of the Hillsborough Parks and Recreation Board, which passed a resolution supporting the completion of the MTS through Orange County. Carl Shy said he wanted to address the section of the MTS that goes through the OWASA property, and said he owns a football field sized section of land that could serve as a trailhead and parking area at the southern end of the OWASA lands. He said he would like to have the Board's approval to have a group of volunteers, to work with staff and OWASA to route the trail through the OWASA and neighboring properties. Scott Zimmerman said he is here to advocate for the MTS through Orange County. He said this has been a long process, and the Friends of the MTS are here and willing to help in any way possible to help this come to fruition. Heidi Perry said the MTS has been in the planning process for 40 years. She said if it is ready to go, and there is funding, she is not trying to hinder it; but it is her understanding that there are several restrictions on the OWASA property, and obstacles with landowners. She said if alternate routes need to be considered, she hopes the BOCC will consider making the trail a multi-use path, despite the unpopularity of the idea with some hikers. She said Orange County has an opportunity to catch up with Durham and Wake counties with greenways, and she encouraged the Board to give consideration to multi-use trails. Tamara Saunders read a letter from Rob Crook in support of The Great Circle Route, running along the Norfolk-Southern rail line, connecting many areas of Durham and Orange counties. She said the route would also connect to the MTS and the East Coast greenway, which is currently being developed. She said this would serve as a bold step towards multi- modal transportation. Bonnie Hauser said the MTS does not run through her backyard, but she has watched this project divide neighbors for years. She said she called the State Parks and Recreation office and learned that not many people are hiking this trail from end to end, and that Orange County must decide what is best for its citizens. She said the State emphasized the requirement that Hillsborough and Saxapahaw must be connected. She said the County has 21 an abundance of wonderful hiking trails, and she is in support of the County's first greenway. She said she would like to see the trail run through Carrboro and Chapel Hill all the way to Hillsborough and Saxapahaw. Colin Mellor asked if the Board of County Commissioners would weigh all the options of the MTS. He said the piecemeal approach is not good, and a multi-use trail would be better. He asked that the Board look at this alternative to avoid complicated issues with imminent domain. He said the planning map is wrong, and his land is shown as institutional, which it is not. He said this should be corrected. Kate Dixon said she is the Executive Director of the Friends of the MTS. She said within the plan presented tonight, there is the suggestion for staff to partner with the Friends of the MTS, and she said this group is ready and available to do so. She said this group organizes volunteers across the state that build and maintain the trail. She said there are landowners that are willing to work with them on this project. She said the State has prioritized Orange County's portion of the MTS, and there are bond funds available. She said there has been so much progress on the MTS in this area, especially to the east and the west, and she would like to see all parts connected through Orange County. Jonie Alexander said she has been involved with the MTS for many years, and she also really likes the rail to trail projects. She said the MTS mission is to bring people out to more remote areas, and she hopes the initial plan will remain intact, and that the County can pursue greenways etc. separately. Bill Boyarsky is a long time MTS volunteer, and he said there are many volunteers to assist with this project. Chester Sykes said he owns some property that may be impacted by the MTS, and he has had no prior knowledge of any MTS meetings up to this point. Glen Gravestreet said he appreciated the work staff has done. He said it would be unfortunate not to have a mechanism in place for landowners who are willing to give easements in advance of a trail segment being built. He said if this was done in advance, the trail could be built without repeated interruption. He said he would like to see more guidance on this topic. Commissioner McKee said he assumed that Orange County notified landowners with any land use or zoning changes. David Stancil said staff did notify the initial group, but on going notifications may have ceased if landowners did not participate in any of the OWASA/MTS meetings. He said this is not a zoning procedure or a planning action. Commissioner McKee said but this does affect landowners. He asked if the number of parcels in the swath from the southwestern corner of the County up to Hillsborough is known. David Stancil said there are 23 private landowners along the red line on the map. He said the half-mile wide swath in the MTS master plan involved 230-250 notices initially. Commissioner McKee asked if any of these landowners have expressed any interest of dedicating right of ways. David Stancil said about 15 or 20 out of the 230 and out of the 23 landowners on the red line, perhaps 8 to 10. He said these conversations have yet to begin in earnest. Commissioner Marcoplos said he started having conversations with Rob Crook about a month ago, and said he is planning on coming to a BOCC meeting to share more about his trails to rails vision. Commissioner Marcoplos said he does not see this as a part of the MTS discussion, but as more of a separate project. Commissioner Price asked if staff has sent out notifications to people along all the related trails, or just those in the original swath. 22 David Stancil said outside of the initial mailing, staff has only notified those on the master list of those expressing interest in the trail, or the OWASA list. He clarified that this was simply a report item tonight. Commissioner Price said all people affected should be notified. David Stancil said now that there are more refined lines on the map, those in need of notification should be a smaller amount; perhaps 75 property owners. Commissioner Rich said she thinks there are two separate proposed paths: the MTS, and the Rails to Trails path. She said the greenways in Orange County do need to be enhanced, but there should be a focus on the MTS mission versus what a multi-modal path would be. She said she has heard about the MTS forever, and it needs to start moving forward. She said there seems to be a lot of people willing to help. Commissioner Jacobs said a greenway system was proposed 30 years ago, and was met with great resistance. He said when the MTS was raised a decade ago, survey markers were put right next to people's homes, which was a mistake. Commissioner Jacobs said he has been to many meetings over the past years, where people have come and had concerns, and staff has responded promptly. He said it would be a good idea to look at OWASA's land and their restrictions, and he is intrigued by the idea of using mitigation property. Commissioner Jacobs said the greenways and the MTS are two different projects. He said a multi-modal path is much better in the right of way, as it is an urban construct. He said trails are better for rural areas, as multi modal paths in rural areas would invite All Terrain Vehicles, which are destructive and noisy. Commissioner Jacobs said the focus should be on getting started on the part of the trail closest to Hillsborough, while smaller groups can look at sub-sections of the trail and advertise that to nearby property owners. Commissioner Jacobs said it is a terrible idea to put a fire ring in a remote location. Commissioner Price asked if the way station is an idea or a concrete plan. David Stancil said it is an idea at this point. He said work is going on at seven-mile creek, and the idea of a way station could involve a well, or water source, a port-a-john or composting toilet, and maybe a place to camp with a fire ring. Commissioner Price said if a multi-use trail is pursued, it should be wheelchair accessible, as much as possible. Commissioner Rich asked if OWASA's various restrictions are consistent with rules across the state and counties, and if hikers will be able to know the varying restrictions from place to place. David Stancil said one of the most important things that is incumbent on sponsored jurisdictions is signage, and when one enters a trailhead in Orange County there will need to be clear, frequent, obvious and concise information about what is/is not allowed. Commissioner Marcoplos said the wilderness trails they create today will be the most valuable in the future, and he agreed with Commissioner Jacobs about starting work on the trail closest to Hillsborough. He said he would like the trail to go closer to the reservoir, and he agreed with talking to OWASA about its restrictions. Commissioner McKee asked David Stancil to put up a map on the screen. David Stancil put up a map of"parkland and conservation areas in Orange County". He said to look at the orange areas of the map, which are County-owned lands or open space; and the light green areas of the map, which are parkland and open space owned by other entities. Commissioner McKee said he is asking about this because residents contacted him about the possibility of using the rail line. He said there is enough right-of-way to run a multi- modal trail. He said he does not see as this being practical, as he doubts there will be enough 23 easements gifted, and that it will run on the road quite a bit. He said he would like to explore the idea of coming out of the Saxapahaw area, possibly up through the southern part of the OWASA lands, and over to Chapel Hill, where there is already an agreement between the primary University of North Carolina campus, and Carolina North. He said there have been preliminary discussions about the use of the rail line easement, as well as Brumley Forrest, Duke Forrest lands, etc. He said there are ways to get from Chapel Hill to Hillsborough, and the current trail along the Eno River, without impinging on nearly as much private property as the western route. He said the MTS is primarily a rural walking area, but here it will be going through an area with 70,000 people. He said a multi-modal trail for this short section would make sense. Commissioner McKee said there are many needs within the County, and funds only go so far. He would like to see as many people served as possible. Commissioner Jacobs asked Kate Dixon if there is an app for hikers. Kate Dixon said yes, and it is available on the Friends of the MTS website as well as a trail guide, with regulations on the different segments. Chair Dorosin summarized the high points. • Revisit their relationship with OWASA • Improving communications with landowners who may be impacted • Two trail concepts - continue conversations going forward b. Quarterly Update on Durham-Orange (D-O LRT) Light Rail Project Status The Board received a quarterly update on the status of the Durham-Orange Light Rail project as required by the Cost Share Agreement between Durham County, Orange County, and GoTriangle. BACKGROUND: On April 27, 2017, the Board of Orange County Commissioners adopted the Interlocal Cost Sharing Agreement for the Durham-Orange Light Rail Transit Project as well as the Orange County Transit Plan. These agreements allowed GoTriangle to provide updated financial information to the Federal Transit Administration in support of GoTriangle's application to enter the engineering phase of the project. On July 28, 2017, GoTriangle received approval from the FTA to enter the New Starts Engineering phase of the Capital Investment Grant Program. The Cost Sharing Agreement requires GoTriangle to provide quarterly reports to the Federal Transit Administration (FTA), Durham County, Orange County, and the Durham-Chapel Hill Carrboro Metropolitan Planning Organization (DCHC MPO) when the project was approved to enter engineering. This report represents the first quarterly report since engineering approval was secured. Danny Rogers, D-O LRT Project Director made the following PowerPoint presentation: Durham-Orange Light Rail Project Status D-O LRT Approved by FTA to Enter Engineering Phase! • Our Region on Track for over $1 Billion in Federal Investment Approval into Engineering 24 • Project may continue development and design, and remains eligible for federal reimbursement when an FFGA is executed • Project receives greater oversight and guidance from FTA • • Project will be rated each year for inclusion in FTA Annual Report • Key Observations about rating — Medium is the threshold for FTA recommendation for funding — We are currently evaluating FTA recommendations for areas for improvement to address in our next submission • Approval of project into Engineering is a big accomplishment and is really good news Key Milestones • Get recommended in FTA Annual Report for Funding • Be included in the State Transportation Improvement Program • Sign FTA Full Funding Grant Agreement (FFGA) Anticipated Schedule • Annual Report Funding Sep 2018 Recommendation (Sep 2017) • STIP Draft Dec 2018 • STIP Final June 2019 • Sign FFGA Jan 2020 (Sep 2019) Financial Status Update • FTA has accepted $2.476 billion as the New Starts Project Cost and has confirmed the 50% CIG share. • DCHC MPO submits the project for SPOT 5.0 this month to be eligible for funding in the 2020-29 NCDOT STIP. • GoTransit Partners has been officially established as a NC nonprofit organization and will engage in fundraising for transit in the region. • Planning is underway for a capital campaign in support of the Project. Current Project Status/Activities • General Engineering Consultant (GEC) is advancing designs/resolving remaining alignment questions • Program Management Consultant (PMC) providing technical expertise — Project Scheduling — LRT Technical Resources — Property Acquisitions • Construction Management Consultant Contract Approval Anticipated in October or November What is the Engineering Phase? • The next step after project development • The last step before construction • The study of proposed updates • Where do proposals come from? • How are proposals evaluated? • Who decides which proposed updates are incorporated into the project? 25 Gateway Station (photo) Patterson Place (photo) University Drive (photo) September Public Meetings • September 26th from 4-7pm at the Hayti Heritage Center 804 Old Fayetteville St, Durham, NC 27701 • September 28th from 4-7pm at Extraordinary Ventures 200 S Elliott Rd, Chapel Hill, NC 27514 • These meetings will provide general project updates, including information on current design considerations. Commissioner McKee asked if conversations are ongoing with the Legislature about the reinstatement of picking up the 25% funding. Danny Rogers said he would be happy if they did, but right now it is at 10%. Chair McKee asked if GoTriangle is in discussion with individual legislators, as it takes individual votes to make these changes. Danny Rogers said that would be an administrative discussion. Commissioner Jacobs asked him to provide the Board with a list of the subcontractors that are from Orange County. Commissioner Jacobs referred to Patterson Place and Gateway, and said they are covered in the Orange County transit plan, and he is waiting to hear what the New Hope Creek Corridor Advisory Committee has to say about Patterson Place before he has an opinion. He said he understands the improvements that are possible, and the Durham Planning restrictions. Commissioner Jacobs referred to the Gateway Station, and said two things were mentioned: shifting the station to the west, which is already being done; and Orange and Durham counties pursuing strategic economic development partnerships around the sites of these two stations (Gateway and Woodmont). He said there has been a misunderstanding, and GoTriangle staff has only been working with the Town of Chapel Hill on the Gateway Station. He said the Board clarified this error with the Town last week, and he hopes GoTriangle will also start working with the counties. Danny Rogers said he has shared that information, and GoTriangle will work with everyone on this. Commissioner Jacobs said the rest of the Board of County Commissioners was not present at the meeting where these discussions occurred, and he wanted for all of them to hear this. Commissioner Rich said it is more than just sharing information and Orange County wants to be at the table every step of the way. Commissioner Marcoplos asked if there is a timeline for the process of relocating the stations. Danny Rogers said the Gateway Station will be worked on in November, and the Patterson Place Station in October. He said the two-car platform will also be discussed at the October meeting. He said the additional station may take a bit longer, and should be discussed at the end of this year, or January 2018. Commissioner Marcoplos said when the Board voted on this, one of the key points for him was the 500-acre land around the Gateway Station, and he wants to stay on top of this. 26 He asked if there could be a work session after the first of the year, once the station locations are all moved. Danny Rogers said he would pass along this feedback, and try to schedule such a meeting. 8. Consent Agenda • Removal of Any Items from Consent Agenda • Item c- Commissioner Jacobs • Item e- Commissioner Price • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, 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 c. Seal the Seasons, Inc. Lease — 501 W. Franklin Street - Suites 105 and 106 The Board considered: 1) approving a two year Lease Agreement with Seal the Seasons, Inc. for 1,704 square feet of administrative office space within Suites 105 and 106 of the County owned Bentley Building located at 501 West Franklin Street in Chapel Hill; and 2) authorizing the Chair to execute the Resolution for Lease and the Lease Agreement upon final County Attorney review. Commissioner Jacobs said he wanted to highlight this, as it is an example of something the Board wanted to achieve as part of its economic development goals. A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to approve approving a two year Lease Agreement with Seal the Seasons, Inc. for 1,704 square feet of administrative office space within Suites 105 and 106 of the County owned Bentley Building located at 501 West Franklin Street in Chapel Hill; and 2) authorize the Chair to execute the Resolution for Lease and the Lease Agreement upon final County Attorney review. VOTE: UNANIMOUS e. Orange Public Transportation (OPT) Mid-day Connector Route Fee Waiver for "Try Transit" Campaign The Board considered approving the waiver of all rider fees for OPT's Mid-day Connector Route during the week of October 23 through 28, 2017 in support of the "Try Transit" Campaign led by the Healthy Carolinians' Access Committee. Commissioner Price asked if the times of the waiver, for this promotion, could be identified, and if it could be expanded to all day. Theo Letman, Transit Director, said it will be for the entire Hill-to-Hill route. He said the circulator service already has no fare. He said this will be all day, for that week. 27 A motion was made by Commissioner Price, seconded by Commissioner Rich to approve the waiver of all rider fees for OPT's Mid-day Connector Route during the week of October 23 through 28, 2017 in support of the "Try Transit" Campaign led by the Healthy Carolinians' Access Committee. VOTE: UNANIMOUS a. Minutes None b. Pass-Through Agreement for the Allocation, Disbursement and Accounting of Section 5310 (Elderly and Individuals with Disabilities) Funds The Board approved the Pass-Through Agreement submitted by the City of Durham for the Federal Transit Administration funding that Orange County has been awarded to support the Department on Aging's Mobility Management project for the Allocation, Disbursement and Accounting of the Section 5310 Funds and authorize the Chair to sign the Agreement. d. 401 Valley Forge Road Property Lease Modification — Builders FirstSource The Board: 1) approved a Lease Modification to Builders FirstSource that provides a 10 year lease extension with two 5 year renewal options for County owned property located at 401 Valley Forge Road, Hillsborough; and 2) authorized the Chair to execute the Resolution for Lease and the Lease Modification upon final review of the County Attorney. Chair Dorosin asked if the scheduled closed session is time sensitive, or can it be deferred to another time. Bonnie Hammersley suggested having a closed session after the September 28th meeting with the schools. She said this session if about the Southern Branch Library, and Carrboro is talking about this item this evening, and postponing the closed session to next week is sufficient. The Board agreed by consensus to postpone the closed session. Bonnie Hammersley said the Sheriff also has an item to add to the closed session next week. 9. County Manager's Report NONE 10. County Attorney's Report NONE 11. *Appointments NONE 12. Information Items • September 5, 2017 BOCC Meeting Follow-up Actions List • BOCC Chair Letter Regarding Petitions from September 5, 2017 Regular Meeting 13. Closed Session DEFERRED UNTIL SEPTEMBER 28th "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." 28 14. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Price to adjourn the meeting at 10:36 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board