HomeMy WebLinkAboutAgenda - 11-02-2017 - 8-a - Minutes ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 2, 2017
Action Agenda
Item No. 8-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
October 17, 2017 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
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Attachment 1
DRAFT MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
October 17, 2017
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, October 17,
2017 at 7 p.m. at the Southern Human Services Center in Chapel Hill, 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 6:59 p.m., and said the Board would go into
a closed session at the beginning of the meeting, and then reconvene into regular session.
Closed Session
A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to
go into closed session at 6:59 p.m. for the purpose below:
"Pursuant to North Carolina General Statute 143-318.11 (a)(9), "To discuss and take action
regarding plans to protect public safety as it relates to existing or potential terrorist activity and
to receive briefings by staff members, legal counsel, or law enforcement or emergency service
officials concerning actions taken or to be taken to respond to such activity."
VOTE: UNANIMOUS
RECONVENE INTO OPEN SESSION
A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to
go into open session at 7:20 p.m.
VOTE: UNANIMOUS
1. Additions or Changes to the Agenda
- PowerPoint for item 4-a
- PowerPoint for item 6-a
- Pink sheet: item 8-d, replacement resolution
- Hand out from Commissioner Price on child welfare statistics.
- Updated 2017 meeting calendar.
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A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
add a closed session at the end of the meeting for the purpose of:
§ 143-318.11(a)(3) To consult with an attorney employed or retained by the public body in order
to preserve the attorney-client privilege between the attorney and the public body.
VOTE: UNANIMOUS
PUBLIC CHARGE
Chair Dorosin dispensed with the reading of the Public Charge.
2. Public Comments
a. Matters not on the Printed Agenda
NO PUBLIC COMMENT
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 Price said the N.C. Child Welfare Achievements is at the Commissioners'
places. She said she received this information at a North Carolina Association of County
Commissioners (NCACC) meeting.
Commissioner Price said at the Triangle Area Rural Planning Organization (TARPO)
meeting, there were some additional Congestion Mitigation and Air Quality Improvement
program (CMAQ) funds. She said Orange County asked for $60,000 to fund a new bus, with
an on board camera and radio. She said Orange County must contribute 20% of the cost.
Commissioner Jacobs said he had a question for Craig Benedict that came up at
Durham-Chapel Hill Metropolitan Planning Organization (DCHMPO) meeting. He said
population projections were being made according to a land use plan that does not comport
with the County's land use plan, in terms of densities for 2045. He asked Craig Benedict if he
would report back to the Board with the correct information for the population projections.
Commissioner Jacobs referred to the Orange Grove Road Access Management Plan,
and said when it was created they were told the Department of Transportation (DOT) would not
allow a pre-fabricated pedestrian bridge; but DOT recently said they were shocked to hear this
information. He said Orange County has either been acting on an improper assumption, was
given incorrect information, or the DOT policy has changed. He said having pedestrians cross
Orange Grove Road by Interstate 40 via a bridge would be much better.
Commissioner McKee petitioned the Board to have staff discuss the possibility of
engaging outside counsel for their Board of Adjustment (BOA) meetings, so as to insure that
any BOA decisions are not seen as a conflict.
Commissioner Jacobs said he supported this petition.
Commissioner Rich said the Chapel Hill Carrboro City Schools' (CHCCS) capital
projects came in vastly over budget, and she would like to know an update on how the district
plans to proceed. She asked if the Board could be kept in the loop on this, and noted that there
is a lot of confusion in the public about this issue.
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Commissioner Rich said there is ongoing discussion about sidewalks, and bike and
pedestrian paths. She asked if perhaps the Board of County Commissioners (BOCC) should
consider again Orange County's role in this issue.
Commissioner Rich said she would like to know the date of the next NCDOT luncheon,
and to secure a date if there is not one already set. She said there are some monies that need
to be spent.
Commissioner Rich asked if Chair Dorosin would write a letter to GoTriangle to make
sure that Orange County is included in communications with Chapel Hill regarding the Gateway
property.
Commissioner Rich said the Orange Durham Work Group discussed the request to hire
as many local people as possible, for any and all jobs created pertaining to the Gateway Project
(rail).
Commissioner Jacobs said the BOCC met three weeks ago with representatives of
GoTriangle, and the Board asked how many local subcontractors have been hired. He said
GoTriangle has provided no answer at this time. He said at the Durham Chapel Hill work
group, the possibility of providing job training for local residents was discussed. He said to the
best of everyone's knowledge, GoTriangle has not communicated with Durham Tech about this.
He said if the Chair is going to write a letter, he should include these unanswered questions.
Commissioner Rich said the Juvenile Criminal Prevention Council reports numbers are
way down, which is encouraging.
Commissioner Rich said Orange County Schools (OCS) is doing "Hidden in Plain Sight,"
which CHCCS has also done. She said a teenage bedroom is staged, and parents are invited
to find all the trigger points in the room that may lead to risky behavior. She said 81 things are
hidden in the room.
Commissioner Rich said there is a medicine drop at Cedar Grove Community Center on
October 28, 10:00 a.m. to 1:00 p.m.
Commissioner Burroughs said the Board of Health (BOH) is interviewing top candidates
for the Health Director position.
Commissioner Marcoplos referred to the light rail issue, and said he would like
communication to be shared with the County on any station in Orange County, not just the
Gateway station.
Commissioner Marcoplos said he attended the Transit, Orient and Development
presentation and public hearing in Chapel Hill last night. He said it was interesting, and he feels
Orange County should be more involved in this process. He asked if Ben Hitchings, Chapel Hill
Planning and Development Services Director, would provide an update at an upcoming BOCC
meeting.
Commissioner Marcoplos attended a Family Success Alliance (FSA) meeting yesterday,
and he reported on this meeting. He discussed food insecurity, noting that the national average
is 18%, but it is 40% for the children with whom the FSA works.
Chair Dorosin said Reverend Nixon is retiring from his present church, and the church
has asked if Orange County would write a letter and have a representative to attend.
The Board agreed by consensus.
Commissioner Price said it was noticed at the TARPO meetings, that different
Metropolitan Planning Organizations (MPO) had different recommendations. She suggested
that this topic be discussed further by the BOCC.
Chair Dorosin suggested she talk to the MPO representatives first and report back to
the BOCC.
4. Proclamations/ Resolutions/ Special Presentations
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a. Presentation by State Federal Emergency Management Agency (FEMA) Officials
on the County's Floodplain Management Program
The Board received formal recognition by FEMA National Flood Insurance Program
(NFIP) Community Rating System (CRS), through the State of North Carolina Department of
Emergency Management, designating that Orange County has achieved a CRS rating of 6.
Michael Harvey and Randy Mundt, State Federal Emergency Management Agency
(State FEMA), reviewed the following information:
BACKGROUND:
Orange County has been a member of the NFIP since approximately 1976. The NFIP offers
flood insurance to homeowners, renters, and business owners if their community participates,
specifically through the adoption and enforcement of regulations designed to mitigate/reduce
flood risk. This includes the adoption of Flood Insurance Rate Maps (FIRMs) denoting areas
where flooding is a possibility. Through the enforcement of flood damage prevention
regulations, the County requires incorporation of design standards (i.e. elevation of structures
and utilities, installation of flood vents, prohibition of specific activities, prohibition of structures
within the floodplain, etc.) in an effort to reduce the risk of loss during a flood event.
As part of ongoing floodplain management efforts, Orange County is a participant in the CRS
program, a voluntary incentive based program recognizing communities who implement
floodplain management practices exceeding minimum Federal requirements.
Participating communities are ranked in one of ten `CRS classes' with Class 10 being awarded
to those communities choosing to adopt and enforce the minimum Federal floodplain
management standards.
As a community implements additional floodplain management practices, it is possible to
achieve a higher `CRS class' designation thereby contributing to a reduction of flood insurance
premiums for local residents. As of this date the County has a CRS rating of 8, allowing for a
10% reduction in the typical floodplain insurance premium for local property owners.
Through our continued floodplain management efforts, including: a. Comprehensive outreach
and education including annual information letters to property owners encumbered by identified
floodplain, b. Mapping services, c. Establishment and enforcement of floodplain buffers, d.
Proactive enforcement efforts, and e. Willing community partners the County's CRS rating has
been lowered to 6 meaning a further reduction in flood insurance premiums.
Randy Mundt, NC Outreach Coordinator, made the following PowerPoint presentation:
Orange County
Community Rating System
Class 6
October 17, 2017
Goals of the CRS
Encourage, Recognize, and Reward Communities that:
➢ Reduce and avoid flood damage to insurable property;
➢ Strengthen and support insurance aspects of the NFIP;
➢ Foster comprehensive floodplain management.
CRS Quick Facts
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➢ The Community Rating System is a FEMA program administered by ISO, Implemented
in 1990
➢ Recognizing communities that administer regulations beyond minimum NFIP standards
➢ Incentive-based voluntary program
➢ 19 creditable community Activities
➢ Communities can pick and choose from these Activities
➢ Based on a 10 Class system
➢ 500 pts. per Class
➢ 5% insurance premium discount per Class
1,391 Participating Communities (map)
Nationwide Classifications (graph)
CRS Classifications in North Carolina (chart)
CRS Savings: Class 6
➢ 89 flood policies in force (10 in SFHA)
➢ $41,987 (annually) paid in premiums
➢ $472 average policy premium
➢ County-wide savings of$ 2,638 (annually)
➢ $ 264 per policy average (annually)
➢ $66 per policy savings over a Class 7
➢ Community-wide savings $660 compared to Class 7
Noteworthy
➢ Approximately 12% of the Special Flood Hazard Area (SFHA) is protected as Open
Space; regulations that minimize (i.e., prohibit) new development in the SFHA
➢ Higher development standards, including 2' freeboard; cumulative substantial
improvements; local drainage protections
➢ Flood Data digitally available, allows better risk communication and administration of
flood prone areas; established and maintain system of benchmarks
➢ Acquired and relocated 2 buildings from the community's regulatory floodplain
Statewide NFIP Policy and Claims
➢ 130,167 flood policies in force
➢ $32 Billion in Total Coverage
➢ $107.7 Mil./year paid in premiums
➢ 83,302 Total Claims since 1978
➢ $1,226,049,789 Total Paid Claims
Chair Dorosin accepted the award, on behalf of the Board, from the National Flood
Insurance Program Community Rating System representative, Randy Mundt.
Commissioner Marcoplos asked if there is a way for people to learn that they will not
have to pay as much money as they used to.
Michael Harvey said there is an annual outreach effort to those properties that are
encumbered by the special flood hazard overlay district, and up to date findings of fact are
maintained on the County department website. He said the reduction will be automatic when a
resident renews their policy.
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b. Receipt of SolSmart Silver Level Designation
The Board received an award given to Orange County from the SolSmart program in
recognition of attaining Silver level designation for the County's efforts related to solar energy,
and recognized staff in Planning and Inspections and Asset Management Services for their
efforts to reduce barriers to responsible solar energy growth.
Brennan Bouma, Orange County Sustainability Coordinator, said SolSmart is a national
recognition and technical support program to help governments lower the costs for businesses
and residents to invest in solar energy. SolSmart is supported by a broad collaboration that
includes International City/County Management Association (ICMA) and the National
Association of Counties (NACo) with funding from the US Department of Energy's SunShot
Initiative.
Orange County began working towards SolSmart designation in February of this year and, in
March, applied jointly with the Towns of Chapel Hill and Carrboro for a SolSmart Advisor to
provide six (6) months of free, full-time technical assistance. The application was successful
and the three (3)jurisdictions shared a team of solar experts from the NC Clean Energy
Technology Center at NC State.
Working with this SolSmart technical advisory team, the three (3)jurisdictions worked
independently on distinct issues and jointly on topics of shared interest. For example, the
Advisor was able to rank order the best Orange County facility rooftops for potential
investments in solar power as well as to organize joint trainings on solar for building inspectors.
Though continued work of the Planning and Inspections Department and the Sustainability
Coordinator, by July the County had attained the Silver level designation.
The Board received the award on behalf of the County from the SolSmart program in
recognition of their Silver level designation and recognized staff in Planning and Inspections
and Asset Management Services for their efforts to reduce barriers to responsible solar energy
growth.
Commissioner Price asked if there is a reason that Hillsborough was not involved.
Brennan Bouma said all communities across the nation are invited to apply for this
designation, and Orange County and Chapel Hill and Carrboro were ready to act on this at the
same time.
Commissioner Price asked if the County reached out to Hillsborough.
Brennan Bouma said no.
Commissioner Price said to please invite the Town of Hillsborough to participate in such
events next time.
5. Public Hearings
a. North Carolina Community Transportation Program Administrative and Capital
Grant Applications FY 2019
The Board considered: 1. Conducting a public hearing to receive comments on the
proposed grant application; 2. Closing the public hearing; 3. Approving the Community
Transportation Program Grant application for FY 2019 in the total amount of$479,069 with a
local match total of$56,719 to be provided when necessary; 4. Authorizing the Chair to sign the
Community Transportation Program Resolution and the Local Share Certification for Funding
form; and 5. Authorizing the Chair and the County Attorney to review and sign the annual
Certifications and Assurances document.
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Theo Letman, Orange County Transit Director, reviewed the background information
below:
BACKGROUND:
Each year, the NCDOT Public Transportation Division accepts requests for administrative and
capital needs for County-operated community transportation programs. OPT is eligible to make
application for both administrative and capital funding. The current year FY 2018-approved
application includes $179,964 in administrative funding and $212,902 in capital funding for
replacement vehicles with total expenses equaling $392,866.
The total CTP funding request for FY 2019 is $176,215 for community transportation
administrative expenses and an additional $302,854 for capital expenses. This draft grant
application is made for expenses totaling $479,069.
Grant funds for administrative purposes will continue to be used to support overall transit
systems management and will continue to promote general ridership. Administrative Grant
funds include a percentage of wages and benefits for the following positions:
• Transit Director (60%)
• Transportation Administrator (60%)
• Assistant Transportation Administrator (60%), and
• Administrative Assistant I (40%)
Grant funds for capital items include the replacement of three (3) light transit vehicle (LTV)
buses exceeding their useful life mileage thresholds in OPT's fleet, an addition of one (1) LTV
bus to support growth in ADA services associated with new routes, and add one (1) support
vehicle.
The Board will conduct a public hearing (see public hearing notice at Attachment 3) with the
opportunity for public discussion and comment before the Board takes action on the proposed
resolution (Attachment 1). The acceptance of these grant funds requires compliance with the
annual certifications and assurances, for which the signature pages are attached (Attachment
2). It should be noted that the attached signature pages are for the certifications and
assurances for FY 2017 as an example. The FY 2018 certifications and assurances signature
pages are very similar to those for FY 2017; however, the County has not yet received them
from NCDOT. When received, they will be forwarded to the County Attorney and Chair for
review and signatures.
FINANCIAL IMPACT:
The NCDOT CTP FY 2019 grant requires a 15% local match ($26,433) for administrative
expenses and a 10% local match ($30,286) for capital expenses for a total of$56,719. As a
comparison, the total CTP grant amount approved for FY 2018 was $179,964 for administrative
expenses ($26,995 local match) and $212,902 for capital expenses ($21,290 local match) for a
total of$48,285 local match, an increase of$86,203 in total expenses ($8,434 local match)
from FY 2018 to FY 2019.
The indicated local match amounts will be requested in the upcoming FY 2018 budget cycle
and must be committed from Orange County's budget for the performance period of July 1,
2018, through June 30, 2019 (FY 2019), as indicated in the attached Local Share Certification
for Funding form (Attachment 4). This will require Orange County to obligate funding in its next
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budget cycle for these expenses. A total of$56,719 would come from the County's general
operating budget.
A motion was made by Commissioner Price, seconded by Commissioner McKee to
open the public hearing.
VOTE: UNANIMOUS
NO PUBLIC COMMENTS
A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee, seconded by Commissioner Rich for the
Board to:
1. Approve the Community Transportation Program Grant application for FY 2019 in
the total amount of$479,069 with a local match total of$56,719 to be provided when
necessary;
2. Authorize the Chair to sign the Community Transportation Program Resolution and
the Local Share Certification for Funding form; and
3. Authorize the Chair and the County Attorney to review and sign the annual
Certifications and Assurances document in Attachment 2.
VOTE: UNANIMOUS
6. Regular Agenda
a. North Carolina Department of Transportation Rural Operating Assistance
Program (ROAP) Grant Application for FY 2018
The Board considered approving an application for Rural Operating Assistance Program
and accepting funding totaling $185,949 for FY 2018; and authorizing the County Manager and
County Finance Officer to sign the Certified Statement of Participation.
Theo Letman reviewed the following PowerPoint presentation:
NCDOT Rural Operating Assistance Program (ROAP)
Grant Application for FY 2018
• The North Carolina Department of Transportation (NCDOT) allocates and designates
Rural Operating Assistance Program (ROAP) funds each fiscal year to Orange County.
• ROAP is a state funded group of grants administered by NCDOT's Public Transportation
Division (PTD) intended for County governments and eligible transportation authorities.
• This one grant application is for three separate programs under the ROAP umbrella:
➢ Elderly and Disabled Transportation Assistance Program (EDTAP)
➢ Rural General Public Program (RGP)
➢ Employment Transportation Assistance Program (EMPL)
• ROAP funds can be used for trip-based service or the public transportation system for
specific populations (elderly, disabled, job seekers, rural dwellers) served by human
services departments and for purposes such as medical appointments and job training.
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• Guidelines for ROAP:
➢ Eligible trip based services: public transit vehicle, agency vehicle, private
transit vehicle, can vanpool, taxi, mileage reimbursement to volunteer
➢ Used for the operating cost of trips, not for administrative or capital costs
➢ Used toward the cost to provide trips when other funding is not available
➢ Emphasis on considering the PUBLIC transportation services provided by the
Public Transportation system
Three ROAP Programs in Grant
1. Elderly and Disabled Transportation Assistance Program (EDTAP)- Provides
"operating assistance"for the transportation of the elderly and disabled
Eligible trip purposes:
➢ job interviews, job fairs, job readiness activities/training, GED classes,
transportation to work, Group field trips/tours to community special
events
➢ Human Services agency appointments, public hearings, committee
meetings
➢ Medical appointments, pharmacy pick-ups, shopping, personal care,
banking etc.
*Funds up to 100% of this type of service
2. Rural General Public Program (RGP)- Provides transportation services for individuals
who do not have a human service agency or organization that will pay for the
transportation service
Eligible trip purposes:
➢ job interviews, job fairs, job readiness activities/training, GED classes,
transportation to work, group field trips/tours to community special
events
➢ Human Services agency appointments, public hearings, committee
meetings
➢ Medical appointments, pharmacy pick-ups, shopping, personal care,
banking, etc.
➢ Must be sub allocated to the Community Transportation System
➢ Passengers origin or destination must be in the rural area
*Funds up to 90% of the cost of service
3. Employment Transportation Assistance Program (EMPL) - Provides transport to
work or training for DSS clients transitioned off TANF or Work First within 12 months,
Workforce Development Program participants, "disadvantaged public"and or general
public.
Eligible trip purposes:
➢ job interviews, job fairs, job readiness activities/training, GED classes,
transportation to work (scheduled by passenger),
➢ Children of working parent transported to childcare.
*Funds up to 100% of this type of service
• Orange County Public Transportation ROAP uses:
➢ The EDTAP allocation of$83,466 will allow OCPT to continue to provide medical
appointment transportation for elderly and disabled residents of Orange County.
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All EDTAP service recipients are required to provide a copay/fare of$3 per one-
way trip.
➢ The RGP allocation of$71,537 will continue to provide rural general public
transportation on a seat-available basis on three "flexible" fixed routes (one
Hillsborough area route, and two transfer routes from the Chapel Hill area). The
RGP segment requires a 10% local match ($7153.70), which OCPT has
incorporated into its FY 2018 budget.
➢ The EMPL allocation of$30,946 will be made available for the Department of
Social Services trips, assisting former Work First passengers and other low-
income persons certified for Medicaid or Food Stamps with employment related
transportation needs.
C —2017-2018 ROAP Allocation Table
• Orange County Public Transportation is the lead agency for public and human services
transportation in Orange County.
• This ROAP grant application gives Orange County access to funding that supports vital
transportation services for our elderly passengers and persons with disabilities. The
transportation services provided under this grant will help facilitate economic self-
sufficiency by expanding transportation options for people exhibiting the greatest need.
Recommendations
The Manager recommends that the Board:
• Approve the application for Rural Operating Assistance Program and accept funding
totaling $185,949 for FY2018; and
• Authorize the County Manager and County Finance Officer to sign the Certified
Statement of Participation.
Questions
Commissioner Price referred to the elderly who are on fixed incomes, and asked if there
are any provisions to waive the fee for this portion of the population.
Theo Letman said the fare was imposed by Orange County, and it is not required.
Commissioner Price asked if there is a process to waive the fare or provide assistance
in paying the fare.
Bonnie Hammersley said this is a County policy, as opposed to a requirement of the
grant, and staff could review this.
Commissioner Price asked if Orange Public Transit (OPT) is still operating the deviated
fixed routes to Efland, Cedar Grove, Northern Orange, etc.
Theo Letman said yes, although this is being done slower than expected, due to a staff
member being on extended medical leave.
A motion was made by Commissioner Burroughs, seconded by Commissioner Price for
the Board to:
1. Approve the application for Rural Operating Assistance Program and accept funding
totaling $185,949 for FY 2018; and
2. Authorize the County Manager and County Finance Officer to sign the Certified
Statement of Participation.
VOTE: UNANIMOUS
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b. Revision to General Obligation Bond Sale Amount
The Board considered approving a Resolution to Adjust the Bond Sale Amounts.
Gary Donaldson, Chief Financial Officer, reviewed the information below:
BACKGROUND:
On October 3, 2017, the Board of Commissioners approved the sale of general obligation
bonds for various purposes in the amount of$40 million. Based on the overbid results of Chapel
Hill-Carrboro City Schools (CHCCS) Lincoln Center project and upon the direction of the Local
Government Commission, the County must reduce the amount of voter-approved school bonds
to be sold from $40 million to $21 million on this first issuance of bonds.
This change does not impact the Orange County Schools first bond issuance amount of$15.9
million. The CHCCS bond amount is changed from $24 million to $5 million pending the
CHCCS final decision on project amounts for its projects. The initial $5 million is to reimburse
for CHCCS design expenditures to date on the Lincoln Center and Chapel Hill High School and
cash flow the remainder of design expenditures through the Chapel Hill High School bid
openings in April/May 2018. This additional time will allow CHCCS to determine a definitive
funding plan for its bond projects. The County would then present a revised funding application
and recommendation of issuing remaining first bonds for CHCCS in April/May 2018 to the Local
Government Commission.
In accordance with the County Capital Investment Plan and in advisement with the County's
bond counsel and financial advisor, County staff recommends that the County proceed with a
General Obligation Bond Sale. 1 The actual interest rates on these bonds will be set when the
Local Government Commission takes competitive bids on October 24, 2017, and the bond
closings are scheduled for November 14 and 15.
FINANCIAL IMPACT:
The General Obligation bonds are included in the County's FY 2017- 2022 CIP and debt
affordability report on June 13, 2017 work session, which indicated a tax equivalent impact
ranging from 4.56 cents (upfront) to 5.76 cents (incremental).
Todd LoFrese, CHCCS Assistant Superintendent, said open bids were received on the
Lincoln Center Project, which came in $10 million over budget with construction costs. He said
there were indicators that this was happening in other smaller projects in the Capital Investment
Plan (CIP). He referred to the Lincoln Center project, and said the Department of Public
Instruction (DPI) monitors this, and showed a 59% increase in construction costs in the Triangle
area. He said due to these increases, the Chapel Hill High School project was also reviewed
and showed an increase. He said there is a shortfall of$25-30 million to carry out these two
projects.
Todd LoFrese said the district met with the School Board, who has asked the district to
return with options at the November 2nd meeting. He said the district knows that there is not
enough money and it is looking at other areas within its own means, but also anticipates having
a conversation with the Commissioners.
Commissioner McKee asked if, during internal discussions, the district has considered
terminating one project in order build the other.
Todd LoFrese said the CHCCS Board asked for as many options as possible. He said
the administration does not see many good options. He said if the Lincoln Center project is
greatly scaled back, it will decrease the ability to increase capacity, which was one of the goals
of the project; especially when considering the class size legislation. He said Chapel Hill High
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School is beyond disrepair and should be the top priority. He said CHCCS would rather build
both as planned, but the district must live within its means.
Commissioner McKee agreed with the prioritization of Chapel Hill High School.
Commissioner Jacobs said when CHCCS was deciding which projects to bring forward,
did CHCCS consider costing some the elementary schools via a second bond.
Todd LoFrese said that is not a good option either, since CHCCS needs the elementary
schools improved in order to increase capacity. He said those costs will have gone up as well,
and these projects are at least two years away. He added that construction costs are likely to
rise even further.
Chair Dorosin said there is a long arc between the presentation of these projects and
them going out to bid. He asked if, given this long amount of time, inevitable increases are built
into the budgets.
Bonnie Hammersley said estimates were increased by 5% in anticipation of rising
construction costs.
RES-2017-066
Resolution to Adjust the Bond Sale Amounts
WHEREAS On October 3, the Board of Commissioners approved the sale of general obligation
bonds for various purposes. Based on the results of construction bids for school projects and
upon the direction of the Local Government Commission, the County must reduce the amount
of voter-approved school bonds to be sold, from $40 million to $21 million. This resolution
approves that change.
BE IT THEREFORE RESOLVED by the Board of Commissioners of Orange County, North
Carolina, that the bonds to be sold pursuant to the October 3 resolution will be (a) $21,000,000
of voter-approved school bonds, (b) $2,500,000 of voter-approved affordable housing bonds,
and (c) $5,900,000 of"two-thirds" school bonds. The Finance Officer may approve a further
change in the amount of any bonds to be sold, upon the advice of the LGC and up to the
amounts previously specified in the October 3 resolution. All other provisions of the October 3
resolution are confirmed.
A motion was made by Commissioner Burroughs, seconded by Commissioner Price for
the Board to approve the revised Resolution to Adjust the Bond Sale Amounts.
VOTE: UNANIMOUS
c. Orange County Southern Branch Library Development Agreement
The Board received an update regarding the Draft Development Agreement with the
Town of Carrboro with regard to the potential development of the Orange County Southern
Branch Library; and will consider authorizing the Manager to execute the Development
Agreement upon final review of the County Attorney.
Bonnie Hammersley said there was concern about the parking, and she was able to get
onsite parking into the agreement. She said the parking deck may be offsite, but there will be
onsite parking at the library site. She said the Town of Carrboro understood this and was
supportive, and the location of the parking deck has yet to be determined. She said this will be
discussed further at the joint meeting with the BOCC next week.
Jeff Thompson, Asset Management Services Director, reviewed the following
information:
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BACKGROUND:
On December 20, 2016, the Board of Orange County Commissioners ("BOCC") and the
Carrboro Board of Aldermen ("BOA") approved a non-binding Letter of Intent that authorized
the County and Town Managers to negotiate a Development Agreement with regard to the
Orange County Southern Branch Library located on the Carrboro owned parcel at 203 South
Greensboro Street. Through the spring and summer months, the County and Town Managers
and staffs negotiated the attached draft Agreement (Attachment 1 —"Draft Development
Agreement").
Jeff Thompson reviewed some of the key points of the agreement below:
Development Agreement Highlights
1. The Town and County Managers and staff have crafted and reviewed the draft Development
Agreement language attached. Key negotiated points are as follows:
i. Section III.K—Operating Subsidy. The Managers have a tentative agreement for
Carrboro to install a $70,000 fiber-optic internet and networked communications
infrastructure set as well as the ongoing support for this service in lieu of its cash and in-
kind subsidy to the Cybrary. This service is part of a larger infrastructure investment
sponsored by UNC. Should UNC terminate the service, replacement service terms will be
negotiated between the County and Town at that time. Carrboro will be responsible for
providing service within this negotiated framework.
ii. Section IV—Allocation of Project Costs (Land, Site, Off-Site, Vertical Building, and
Vertical Parking Structure).
The Managers and staff have discussed the Elements of Value schedule (Exhibit C to the
Development Agreement) to identify these cost sharing elements as either: 1) wholly
owned by each Party (ex: interior space upfit); 2) equally shared; or 3) proportionally
shared. These cost allocations are to be finalized by the County and Town no later than
45 calendar days after schematic design drawings are approved by both Boards. The
Managers tentatively agree as follows:
1. Land costs: Owned by Carrboro, no contribution required by the County;
2. Design and permitting costs: Equally shared;
3. Parking Structure: shared proportionally based upon adequate parking needs as
derived and designed during the design phase of the project. The Managers also
agree that the overall parking design, space assignment, and management plan is to
be flexible to support both the Town and County's needs. Carrboro will provide
parking program management and enforcement for the overall
facility;
4. Site-civil "On Site" and "Off Site (road improvements, etc.): Equally shared;
5. Shell building foundation, roof, and major functions: Equally shared;
6. Remaining Shell building components, Common Areas: Proportionally shared;
7. Interior Upfits: Owned by each Party;
8. Legal services: Owned by each Party.
2. Capital Project Planning. Carrboro is placing portions of a $15MM CIP item within its
FY2017-18 appropriation for the 203 Greensboro design costs. Construction costs would be
appropriated in FY18-19 and potentially FY19-20. The County's CIP is structured in a similar
fashion where adequate design funds have been appropriated in previous fiscal years and
adequate funds of$6.375MM for the County's portion of the Project's construction costs are
contemplated in FY18-19 and FY19-20. As discussed in paragraph d.ii, the Parties will have 45
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days after the formal schematic design to evaluate more specific cost estimates, negotiate final
appropriate cost allocations, and benefit from ongoing value engineering practices. Should
agreement not be reached during this time, each Party has the ability to terminate the
Development Agreement with no recourse other than the absorption of assigned design and
related costs up to that point in time.
3. On-Site Parking. Adequate parking for the project is contemplated to be provided in some
combination of on and off site facilities. The Agreement provides an understanding that a
satisfactory proportion of on-site parking be allocated to the Orange County Southern Branch
Library during normal operating hours.
4. Friends of the Orange County Southern Branch Library discussions. Discussions with
the leadership of the Friends organization on capital and in-kind service contributions to the
Project and its ongoing Library operations.
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The estimated development timeline for this project is as follows:
• Development Agreement execution* Oct, 2017
• Joint designer RFQ selection process with Carrboro* Oct-Nov, 2017 '
• Design and land use permitting process Nov, 2017 - May, 2018
• Schematic design and cost allocations* est. Jan, 2018
• Construction bidding process May-June, 2018
• Bid award, construction contract*Aug, 2018
• Construction period Sept, 2018 — Sept, 2019
• Occupation, Opening Fall, 2019
FINANCIAL IMPACT:
The Board previously appropriated $1,172,000 for this Capital Project and contemplates an
additional $6,375,000 within the FY2018-19 and FY2019-20 capital budgeting cycles. These
project funds address design, construction, equipment, furnishings, and library materials. There
are adequate funds already appropriated for professional design services funds to conduct the
County's portion of the necessary design processes within the Development Agreement.
Contemplated construction and equipment funds for future capital project cycles are adequate
for the County's portion within the Development Agreement.
Carrboro is prepared to appropriate $10,000,000 for its portions of the project and has also
appropriated adequate funds for its portion of the design costs. The County anticipates making
its funds available on a reimbursement basis to Carrboro in accordance with the Development
Agreement and other governing documents. The contemplated total capital project cost for the
entire development is estimated at $15,000,000.
Commissioner Rich asked if there is a plan in place to pay for any necessary street
improvements.
Jeff Thompson said onsite and offsite costs would be shared equally between Carrboro
and Orange County, as highlighted in Exhibit c.
Commissioner Price asked if ADA accessibility could be included in the design process.
Jeff Thompson said yes.
Commissioner Price asked if the Town parking spaces will be available for library
patrons on the weekend.
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Bonnie Hammersley said these spaces are always available for anyone using the
parking deck. She said they have agreed for library patron space designations during the day.
Commissioner Burroughs asked if increasing construction costs are a concern for this
building.
Bonnie Hammersley said staff will design the building with the Town of Carrboro to the
budget that is available. She said the project will not go out to bid if there is an indication that
the costs will go over budget.
Commissioner Jacobs asked if there is a stipulation in the agreement that the parking
will be free, and if it could be switched to paid parking later on, should Carrboro so choose.
John Roberts said there is a provision that Carrboro can charge for access to the deck,
and in that event, Orange County can separate its library parking in the deck from the paid
portion. He said he is not sure how this will work out, and would need further discussion in the
future
Commissioner Jacobs said this same process occurred in the Hillsborough parking
deck, and created a great deal of problems, as it was not anticipated. He said if it is possible
that Carrboro will do this at some point, there must be a thorough discussion between all
involved.
Bonnie Hammersley said the Town Manager says there is currently no indication that
this change will be made, but future boards cannot be bound. She said if the change did occur,
library patrons could have cards stamped if need be.
Commissioner Price said the agreement talks about the County parking spaces being
made available to the Town when the library is closed, and she wants to make sure that the
Town will not charge people to park in the County spaces.
Bonnie Hammersley said there is no indication, at this time, that this would happen.
Commissioner McKee said there was no anticipation of the problems that arose in the
Hillsborough deck, and the issue should be clarified. He said it is important to maintain control
of the Orange County parking spaces.
John Roberts said this deck is not like Hillsborough's parking deck situation, as this
agreement provides that Orange County will have a condominium ownership of its parking
spaces. He said the County will reserve the right to isolate its parking spaces.
John Roberts said this is still an ongoing discussion between attorneys. He said this is
not the final draft since there are minor clarification changes to this document such as:
• Article 3, Section G: the last sentence, "the Town shall be responsible for design and
construction administration pursuant to an interlocal agreement between the parties,
allocating costs," has been deleted, and the words "construction administration" has bee
added to article 4, section A. He said there will not be another interlocal agreement.
• Article 3, Section H: the last sentence, "the parties shall share the cost of such
remediation equally, referring to hazardous substances remediation if there be any on
that property," has been deleted. He said the Town has agreed to take those costs on.
He said the County would be responsible for anything it releases onto the property after
this agreement is signed.
• Article 3, Sections L and M: the parking references have been changed to include both
onsite ground parking, and parking deck spaces.
• Article 8, Section A: first sentence has been deleted.
John Roberts said these are the substantive changes.
Commissioner Rich asked if the Town and County Attorneys will review this again, but
the BOCC will not.
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John Roberts said Carrboro is also reviewing this agreement tonight, and if there are
substantive changes he will bring them back to the Board.
A motion was made by Commissioner Rich, seconded by Commissioner Jacobs for the
Board to:
1) Receive an update regarding the Draft Development Agreement with the Town of
Carrboro with regard to the potential development of the Orange County Southern
Branch Library; and
2) Authorize the Manager to execute the Development Agreement upon final review of
the County Attorney.
VOTE: UNANIMOUS
7. Reports
NONE
8. Consent Agenda
• Removal of Any Items from Consent Agenda
Commissioner Price asked to remove Item b.
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
approve the remaining items on the Consent Agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
b. Fiscal Year 2017-18 Budget Amendment#2
The Board considered approving budget and grant project ordinance amendments for
fiscal year 2017-18.
Commissioner Price said she had no questions, but wanted to congratulate the Health
Department on additional funds for their programs, as well as the other departments in this
document.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
approve the budget and grant project ordinance amendments for fiscal year 2017-18.
VOTE: UNANIMOUS
Chair Dorosin asked if Todd McGee would do a press release on these projects.
a. Minutes
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The Board approved the minutes as submitted by the Clerk to the Board for the September 28,
2017 BOCC Joint Meeting with School Boards; and the October 3, 2017 BOCC Regular
Meeting.
b. Fiscal Year 2017-18 Budget Amendment#2
The Board approved budget and grant project ordinance amendments for fiscal year 2017-18 to
the Health Department; Department of Social Services; Library Services; Arts Commission;
Department of Parks and Recreation; Emergency Management; and Sheriff's Office.
c. North Carolina Governor's Highway Safety Program — Orange County Sheriff's Office
Traffic Safety Project and Approval of Budget Amendment# 2-A
The Board adopted a resolution, which is incorporated by reference, recognizing federal funding
for traffic safety projects to the Sheriff's Office; approved Budget Amendment#2-A; and
authorized the Chair to sign the resolution.
d. Resolution to Refinance Existing Loan Obligations
The Board adopted a final resolution, which is incorporated by reference supporting the
refinancing of the County's existing Limited Obligation Bonds (LOB) of up to $51,000,000 to
refinance existing loans, and achieve debt service savings.
e. Board of Commissioners Meeting Calendar for Year 2018
The Board approved the meeting schedule for the Board of County Commissioners for calendar
year 2018.
9. County Manager's Report
NONE
10. County Attorney's Report
John Roberts said today the Legislature overrode the Governor's veto of the judicial
elections.
11. *Appointments
NONE
12. Information Items
• October 3, 2017 BOCC Meeting Follow-up Actions List
• BOCC Chair Letter Regarding Petitions from October 3, 2017 Regular Meeting
Commissioner Jacobs said, on behalf of the Board, he would like to send concern and
support to the family of Thys Oldenburg, an Orange High School student who was injured last
week; and to also express the condolences to the family of Bill Ray, a former Commissioner;
and Jack Chestnut, a long-term former volunteer for the Orange County aging community.
13. Closed Session
A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to
go into closed session at 8:50 p.m. for the purpose of:
§ 143-318.11(a)(3) To consult with an attorney employed or retained by the public body
in order to preserve the attorney-client privilege between the attorney and the public body.
VOTE: UNANIMOUS
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RECONVENE INTO REGULAR SESSION
A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
reconvene into regular session at 9:15 p.m.
VOTE: UNANIMOUS
14. Adjournment
A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
adjourn the meeting at 9:15 p.m.
VOTE: UNANIMOUS
Mark Dorosin, Chair
Donna Baker
Clerk to the Board