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HomeMy WebLinkAboutMinutes 12-12-20171 APPROVED 1/23/2018 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING December 12, 2017 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, December 12, 2017 at 7pm 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 7:02 p.m. 1. Additions or Changes to the Agenda Chair Dorosin noted the following items at the Commissioners’ places: - Revised Item 4-d- Bill of Rights Proclamation - PowerPoint for Item 6-c - PowerPoint for Item 6-e - PowerPoint and 2017 Popular Annual Financial Report for Item 4-e - White sheet: information from Commissioner Jacobs on Agriculture and Food Initiatives - White sheet: information from Durham County: resolution regarding K-3 Class size reduction PUBLIC CHARGE Chair Dorosin dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Agenda Robin Jacobs is the Executive Director of the Eno River Association (ERA), and she presented the Board of County Commissioners (BOCC) with the 2018 Eno River Association Calendars. She said she likes to speak to the BOCC annually because ERA values its relationship with Orange County. She said ERA is about to close a land protection project that will expand the confluence natural area, and protect water quality in the Eno. She said this is the third partnership property that ERA has closed with the County this year, and there are more in the works. She said two of the properties have been owned by their respective families for over 100 years. Commissioner McKee asked if the calendar is available to the public. Robin Jacobs said the calendar is a fundraiser for the organization, and they can be found in many stores in Chapel Hill and Hillsborough Ed Johnson said the Mountains to Sea Trail (MST) is on the agenda, and he will save his remarks until then. Chair Dorosin said that is just an informational item, and said comments should be given now. 2 Allan Green requested that their petition, submitted last week, for establishing the route for the MTS, be considered by the BOCC this evening, but that David Stancil, Department of Environment, Agriculture, Parks and Recreation Director, said that would be part of the budget process. He said his group has been before the BOCC many times in the last few years, and the reason that the State indicated Orange County as a low priority is because they feel Orange County is not committed. He said he wanted Orange County to designate the route tonight, but it is only on the agenda as an informational item. Ed Johnson said he is an old time hiker, and the people he has met on the trails have been great people. He said he owns land to the north of Cane Creek Reservoir, and is willing to grant an easement across his property for this trail. Chair Dorosin said the information item on this evening’s agenda recommends that approval of the trail route should concur with budget discussions this spring. He referred to the request of accepting offered easements, and said the staff has been in touch with many landowners in this area, are moving forward, but completion by 2018 may be too ambitious. He referred to the request to establish a relationship with the Friends of MST, and said the information item states this is under way, and a draft memorandum of understanding (MOU) is being worked on for trail building and assistance. Bonnie Hammersley said the information item says staff will proceed with the CIP as previously planned, unless otherwise directed by the Board of County Commissioners. Commissioner Jacobs said regardless of the timeline, the public should understand that the Board is committed, and will move forward with this via normal processes. Commissioner McKee said there has been no backing away from what he indicated in his letter of support two years ago. Commissioner Marcoplos said contacting landowners is a tacit acceptance of parts of the trail. David Stancil said the Board gave direction on September 19th, and staff provided a memo summarizing that direction; on October 27th staff received instruction to move forward with landowners who are offering easements. He said this evening’s information item reinforces all of this. He said information was sent out to people who have been in touch with the County, and staff will move forward with discussions. David Stancil said the process may not be completed by February, due to staff and legal reviews, but it is moving forward. Commissioner Price said she asked staff last week if they would be in touch with landowners who are willing to donate land for easements. She said progress, even in small increments, is encouraging that the process is moving forward. David Stancil said every property owner, who has expressed interest, should receive information via the US postal service, which will initiate the process. Commissioner Jacobs said there is concern in the community that an actual path for trail has yet to be determined. He asked if there is a reason that the location of the trail has not been identified. David Stancil said the CIP has broken this process into three phases, which may need to be revisited; and the logical time to do this would be during the CIP process in March or April. He said, however, there is nothing precluding the Board from setting a line on the map right now. He said a proposed route has been identified. Commissioner Jacobs said in the past, projects have had conceptual plans that the Board adopted before it went into the CIP and before the Board had a master plan. He asked if a conceptual plan could be adopted in this case, prior to the CIP. Bonnie Hammersley said yes. Chair Dorosin said to try and get this on the agenda for the January 23rd meeting. 3 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 Marcoplos said the quarterly meeting of the Family Success Alliance (FSA) was held yesterday, which included a presentation of their new website; a presentation by Sheriff Blackwood about how Seniors and Law Enforcement Together (SALT) is working to meet the individual needs in the community - serving meals, etc. He said so many things are happening in their community, but the distribution of information is more difficult for more people, due to the decreased use of newspapers, etc. He asked if there is a better framework for disseminating information. Commissioner Price said she attended the National Association of Counties (NACo) poverty summit and fall meeting, where they toured a facility called One Safe Place in Fort Worth, which included many wraparound services. She said it does not provide shelter, but is a safe haven that is open twenty-four hours a day. She said part of the philosophy is that they have a No Wrong Door policy, meaning no matter which County department a person may call, the County staff will attempt to help, rather than saying “you’ve called the wrong department.” Commissioner Price said the Cardinal Innovations Board of Directors meeting will be held on December 14th. Commissioner Price said at the NACo meeting, Mecklenburg County reported on how it had been hit by ransom hackers, and NACo is shifting its focus to this issue. Commissioner McKee said he attended the swearing in ceremony at the Town of Hillsborough. He congratulated the new and returning members of the elected boards in Carrboro, Chapel Hill and Hillsborough. Commissioner Rich said she and Chair Dorosin attended swearing in ceremonies at Chapel Hill and Carrboro. Commissioner Rich said she attended the Triangle J Council of Governments (TJCOG) meeting where they talked about farmland preservation, and she was excited to see how many farms still exist in Orange County. She said Chatham and Orange County are still adding farms. Commissioner Jacobs said he would like ongoing updates from the discussions between the staffs of Chapel Hill-Carrboro City Schools (CHCCS) and Orange County about value engineering, and updates on the Chapel Hill High project. Bonnie Hammersley said there is a meeting scheduled next week for the members of their work group to talk about this. Commissioner Jacobs said he previously mentioned the Government Citizens Academy, and he wanted to petition to reconstitute the County Government Day. Commissioner Jacobs said there was a meeting of elected officials and counties staffs in Wake County yesterday, in reference to agriculture and food security. He said it was agreed that staff would work together to avoid duplicating one another, and once they have a framework in place, other counties will be invited to participate. Commissioner Jacobs thanked the Orange County staff for the work they have done for the residents and the Board in 2017. Commissioner Burroughs said she has decided not run for re-election next year, and she has a wonderful day job. She thanked the residents of Orange County for their support, and said that it is time to share. Chair Dorosin said the Board will have Commissioner Burroughs for another year, and thanked her for all that she has brought to the Board. 4 4. Proclamations/ Resolutions/ Special Presentations a. Proclamation Recognizing Chapel Hill High School Women’s Cross Country Team Winning the 2017 State Championship The Board considered voting to approve a proclamation recognizing the Chapel Hill High School Women’s Cross Country Team for winning the 2017 State Championship and authorizing the Chair to sign. Todd McGee, Community Relations Director, introduced these proclamations. Coach Joan Nesbit Mabe introduced her players. Commissioner Jacobs read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF RECOGNITION ON CHAPEL HILL HIGH SCHOOL WINNING 2017 STATE CHAMPIONSHIP IN WOMEN’S CROSS COUNTRY WHEREAS, on November 4, 2017, the Chapel Hill High School Women’s Cross Country Team won the North Carolina High School Athletic Association’s 3A State Championship; and WHEREAS, under the guidance of Coach Joan Nesbit Mabe, the team won its 12th state championship and its third consecutive title; and WHEREAS, through hard work, dedication, teamwork, and commitment, the team brought honor upon themselves, Chapel Hill High School, the Chapel Hill/Carrboro City Schools District and Orange County; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect for the Chapel Hill High School W omen’s Cross Country Team and Coach Joan Nesbit Mabe for their outstanding achievement, and their inspiration to youth across North Carolina through their dedication, teamwork, and athletic prowess. This the 12th day of December 2017. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee for the Board to approve and authorize the Chair to sign a proclamation recognizing the Chapel Hill High School Women’s Cross Country Team and Coach Joan Nesbit Mabe for winning the 2017 State Championship and the players and coaches for representing the community with the highest ideals of sportsmanship and integrity. VOTE: UNANIMOUS b. Proclamation Recognizing the Carrboro High School Women’s Volleyball Team Winning the 2017 State Championship The Board considered voting to approve a proclamation recognizing the Carrboro High School Women’s Volleyball Team for winning the 2017 State Championship, and authorizing the Chair to sign. No one from the school was available to attend. Commissioner Price read the proclamation 5 ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF RECOGNITION ON CARRBORO HIGH SCHOOL WOMEN’S VOLLEYBALL TEAM WINNING THE 2017 STATE CHAMPIONSHIP WHEREAS, on November 4, 2017, the Carrboro High School Women’s Volleyball Team captured the North Carolina High School Athletic Association’s (NCHSAA) 2A State Championship; and WHEREAS, under the guidance of Coach Steve Scanga, the Carrboro High School Women’s Volleyball Team earned its second consecutive NCHSAA title; and WHEREAS, the Lady Jaguars completed the season with a 31-0 record, extending their winning streak to 61 matches; and WHEREAS, the Lady Jaguars brought honor upon themselves, Carrboro High School, the Chapel Hill/Carrboro City Schools District and Orange County; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect to the Carrboro High School Women’s Volleyball Team and Coach Steve Scanga for the Jaguars’ outstanding achievement and their inspiration to youth across North Carolina through their dedication, teamwork, and athletic prowess. This the 12th day of December 2017. A motion was made by Commissioner Price, seconded by Commissioner McKee for the Board to approve and authorize the Chair to sign a proclamation recognizing the Carrboro High School Women’s Volleyball Team and Coach Steve Scanga for winning the 2017 State Championship and the players and coaches for representing the community with the highest ideals of sportsmanship and integrity. VOTE: UNANIMOUS c. Proclamation Recognizing Chapel Hill High School’s Men’s Soccer Team Winning the 2017 State Championship The Board considered voting to approve a proclamation recognizing the Chapel Hill High School Men’s Soccer Team for winning the 2017 State Championship, and authorizing the Chair to sign. Coach Jason Curtis introduced his team members: Commissioner Marcoplos read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF RECOGNITION ON CHAPEL HILL HIGH SCHOOL WINNING 2017 STATE TITLE IN MEN’S SOCCER 6 WHEREAS, on November 18, 2017, the Chapel Hill High School Men’s Soccer Team won the North Carolina High School Athletic Association’s 3A State Championship; and WHEREAS, under the guidance of Coach Jason Curtis, the team won its 4th state championship; and WHEREAS, through hard work, dedication, teamwork, and commitment, the team brought honor upon themselves, Chapel Hill High School, the Chapel Hill/Carrboro City Schools District and Orange County; NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners expresses its sincere appreciation and respect for the Chapel Hill High School Men’s Soccer Team and Coach Curtis for their outstanding achievement, and their inspiration to youth across North Carolina through their dedication, teamwork, and athletic prowess. This the 12th day of December 2017. A motion was made by Commissioner Marcoplos, seconded by Commissioner Price for the Board to approve and authorize the Chair to sign a proclamation honoring the Chapel Hill High School Men’s Soccer Team and Coach Jason Curtis for winning the 2017 State Championship and the players and coaches for representing the community with the highest ideals of sportsmanship and integrity. VOTE: UNANIMOUS d. Proclamation – Bill of Rights Day The Board considered voting to adopt a proclamation to officially recognize “Bill of Rights Day” in Orange County as December 15, 2017 and authorize the Chair to sign. Tara May, Civil Rights Specialist, and Dr. Deborah Stroman, current Chair of the Human Relations Commission (HRC), presented the item. BACKGROUND: The United States Constitution was ratified by nine of the thirteen states in 1788. However, residents of the new United States of America were concerned that a centralized government would interfere with states’ rights and restrict individual liberties that the Declaration of Independence proclaimed were inherent and unalienable. James Madison, a member of the 1st Congress and the “Father of the Constitution”, was charged with reviewing more than 200 proposed changes to the Constitution made by citizens of the new country. Madison proposed 19 amendments to the Constitution. Congress approved 12, and 10 of those amendments were ratified by the states. The specific government prohibitions included limiting freedom of expression, religion, assembly and the press; the right to bear arms; not to be a witness against oneself, to due process, to a speedy trial, to confront your accuser, and to a trial by jury; protection against unreasonable search and seizure and cruel and unusual punishment. The Bill of Rights ensured not only states’ rights were protected but also that the government could not restrict those inherent and unalienable rights and freedoms that every person has. The ten amendments, limiting governmental power, were called “The Bill of Rights” and ratified on December 15, 1791. 7 Fourteen original copies of the twelve proposed amendments to the United States constitution were prepared by three federal clerks in 1789. On September 25, 1789 after Congress ratified the first ten amendments, a copy of the Bill of Rights was sent to each state. After North Carolina ratified the Bill of Rights, the original document was housed in the state’s archives in Raleigh. In 1865, a Union infantryman broke into the state archives and stole documents including the Bill of Rights. The Union soldier took the Bill of Rights to Ohio, where he pawned it. The document briefly resurfaced in the 1920’s. The Bill of Rights was then acquired by an antique collector who was a regular participant on the PBS television show, “Antiques Roadshow”. The collector told potential buyers that the document could not be traced back to any state. He later tried to sell it to the National Constitutional Center in Philadelphia. The National Constitutional Center authenticated the document had been prepared by one of the three federal clerks. Mike Easley, the then Governor of North Carolina, along with the U.S. Attorney General, worked with the Federal Bureau of Investigation (“FBI”) to get the document back. After an FBI sting involving $4 million in 2007, North Carolina’s original copy of the Bill of Rights was returned to the state. Four of the original 13 states’ copies of the Bills of Rights are still missing (Georgia, New York, Maryland, and Pennsylvania). Commissioner Burroughs read the revised proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION BILL OF RIGHTS DAY DECEMBER 15, 2017 WHEREAS, on December 15, 1791 the necessary states ratified the first ten amendments to the United States Constitution, called the Bill of Rights; and WHEREAS, the Bill of Rights protects every person in the United States of America from the infringement of basic human and civil rights; and WHEREAS, it was the North Carolina convention, held in Hillsborough, which was instrumental regarding the inclusion of a Bill of Rights as part of ratifying the United States Constitution; and WHEREAS, the amendments to the Constitution are a safeguard that the Country will never succumb to the tyranny it has fought against and ensure the principles found in the Constitution will continue to be guaranteed; and WHEREAS, those principles of equality, liberty and justice have been carried forward 226 years as each generation continues to work on “perfecting our Nation”; and WHEREAS, the same fundamental belief in the principles of this Nation that propelled James Madison to insist on the amendments to the Constitution must be the same spark that inspires us to defend these principles today; and WHEREAS, on the 225th Anniversary of the Bill of Rights, former President Barack Obama proclaimed, “if we are to ensure the sacred ideals embodied in the Bill of Rights are 8 afforded to everyone, each generation must do what those who came before them have done and recommit to holding fast to our values and protecting these freedoms” that “progress was never inevitable, and as long as people remain willing to fight for justice, we can work to swing open more doors of opportunity and carry forward a vision of liberty and equality for generations to come, and WHEREAS, the Orange County Board of County Commissioners is committed to “upholding the civil rights and civil liberties of all persons in Orange County and their free exercise and enjoyment of any and all rights and privileges secured by our constitution and laws of the United States, the State of North Carolina, and Orange County” as they proclaimed on May 20, 2003 in “A Resolution Regarding the Protection of Civil Rights and Civil Liberties”; NOW, THEREFORE do we, the Orange County Board of Commissioners, hereby proclaim December 15, 2017 as “Bill of Rights Day” in Orange County and commend this observance to all residents. This the 12th day of December 2017. A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs for the Board to adopt the revised Proclamation regarding Bill of Rights Day and authorize the Chair to sign the Proclamation. VOTE: UNANIMOUS Dr. Stroman said the HRC wanted to recognize Chair Dorosin for his steadfast support for low income and marginalized peoples, and all the important work he accomplished as the Managing Attorney at the UNC Center for Civil Rights. e. Presentation of Draft Comprehensive Annual Financial Report for FYE 6/30/2017 The Board received the Draft Comprehensive Annual Financial Report (CAFR) for the fiscal year ending June 30, 2017. Gary Donaldson, Chief Financial Officer, reviewed the following information: BACKGROUND: The CAFR reports on all financial activity of the County for the fiscal year July 1, 2016 through June 30, 2017. Mauldin and Jenkins, a firm of Certified Public Accountants, audited the financial statements. The financial statements and audit are required by Chapter 159-34 of the North Carolina General Statutes. The County prepares a Comprehensive Annual Financial Report (CAFR) that meets the standards set by the Government Finance Officers Association (GFOA). The CAFR is submitted to the GFOA in order to be awarded the Certificate of Achievement for Excellence in Financial Reporting. The financial report for the Orange County SportsPlex, as required under the management contract, is included in the County’s CAFR. The County received an unmodified (clean) audit opinion on the financial statements received from the audit. The financial audit results indicate compliance with County financial policies. The Chief Financial Officer and representatives of Mauldin and Jenkins will cover highlights of the report and answer any questions. The Board awarded the Finance Department the Certificate of Achievements. 9 James Bense, Mauldin and Jenkins, presented a PowerPoint summary of the draft audit results. He said the County worked seamlessly with his firm. He referred to page 7, and the General Fund Balance. He said the graph shows the five-year trend of the fund balance, and compares it to the annual expenditures of the general fund. He said the County policy seeks to have the unassigned fund balance at 16%, and at the end of 2017 the balance was 16.8%. Chair Dorosin said the Board had discussion about lowering the fund balance, and asked if this ever happened. Bonnie Hammersley said the balance went to 16% for 2017-18. She said the policy was still 17% in 2016-17, which is the period of this audit. James Bense referred to page 8, and the tax revenues on a per capita basis. He said the trend of revenues is fairly consistent over the past 5 years. James Bense said page 10 gives a very high level view of the general fund, and how it operated during the year. He said revenues came in about 1% over the anticipated amount, and the final appropriation was to use approximately $14 million of the fund balance, but the County only used $1.7 million of that. James Bense referred to the enterprise funds. He said both solid waste and sewer had negative cash flow from operations. He said all three funds still rely on transfers from the general fund to cover operating and debt service costs. James Bense referred to page 12, and the findings of the audit. He said there were only 3 findings, in comparison to 7 the year before, and credited Management with this improvement. He said the three findings pertained to: Expenditure and Expense Recognition; Receivables Reconciliation; and Enterprise Program Integrity Control System. James Bense referred to page 14, and highlighted the expanded areas, which the audit covered this year. He said this provided a greater review of those departments that take in larger amounts of money. He said all results have been reviewed in detail with Management. Commissioner McKee said he appreciated this additional oversight, and thinks it is extremely important to clearly document all cash flow in the County. James Bense said the next few slides review the upcoming accounting standards. He said the decisions made by the BOCC drive how Management will implement these standards. Chair Dorosin referred to page 9, and clarified that the graph shows that the tax rate has stayed fairly flat from 2013-2017, and that there has been an increase in revenue. James Bense said that is correct. Commissioner Burroughs referred to slide 10, and asked Management for clarification. Bonnie Hammersley said this audit is for 2016-2017. She said a few years ago the County’s revenues were about 105-106%, and the revenues are being projected much closer than they were previously. She said the County has been consistently at around 95% on expenditures. She said staff is looking more closely at the projection for 2017-2018, and narrowing the margins. She said staff will have a clearer sense of the projections at the BOCC retreat in January 2018. Commissioner Jacobs asked if the number of entities, under the County’s umbrella, who conduct their own audit is known. James Bense said the ABC Board is the only one that his firm does not audit. Commissioner Jacobs asked if a report could be prepared about the ABC Board’s audit, and whether it follows best practices. He also asked if the auditor for the ABC Board could periodically be rotated. Bonnie Hammersley said staff would prepare this. 5. Public Hearings NONE 10 6. Regular Agenda a. Consideration of Naming the Emergency Services Building the Phillip “Nick” Waters Orange County Emergency Services Center The Board considered voting to approve a resolution naming the Emergency Services building at 510 Meadowlands to the “Phillip “Nick” Waters Orange County Emergency Services Center” and authorizing the Chair to sign. Dinah Jeffries, Emergency Services Director, presented this item, and indicated many past staff, current staff, friends, and family - his daughter and his two sisters - were also in attendance. Phillip Waters daughter, Gay Waters Fayela, said it has been since 15 years since her father passed away, and her daddy loved his Orange County family. She said they are her second family too. She said he would have given anything to beat his cancer, and still be working with the County. She thanked the Board for this honor, and everyone who was in attendance tonight. Dinah Jeffries recognized past staff members who worked under Nick Waters. She also recognized Dr. Steve Halkiotis. Steve Halkiotis said he remembered many years ago voting to appoint Nick Waters as EMS director, and he learned that Orange County had the best EMS Director in the southeast, and probably the United States. He said he wanted to highlight that in 1988 Nick Waters had a vision that women had an important role to play in EMS, and he offered opportunities to women in a previously all men’s world. He said after Nick Waters passed on, EMS went down hill too, but is now back on track with Dinah Jeffries as Director. BACKGROUND: Phillip “Nick” Waters was the Director of the Orange County Emergency Management Department (now known as Emergency Services) from 1988 to 2004. Mr. Waters passed away after a short battle with cancer on April 21, 2004. Phillip “Nick” Waters was recognized by many in the community for his dedication to leading emergency responders in Orange County. He encouraged staff to do their best with the tools and resources available and to always share their knowledge. In recognition and appreciation of Phillip “Nick” Waters’ contributions to Orange County, the proposal to name the Emergency Services building at 510 Meadowlands to the Phillip “Nick” Waters Orange County Emergency Services Center was presented to the Board of Orange County Commissioners for consideration and on June 6, 2017, a motion was passed for the Board to consider the proposal. Dinah Jeffries asked Kent McKenzie to read the proclamation who traveled from Illinois, and who has worked under Nick Waters. Kent McKenzie read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION NAMING THE EMERGENCY SERVICES BUILDING THE PHILLIP “NICK” WATERS ORANGE COUNTY EMERGENCY SERVICES CENTER WHEREAS, Colonel Phillip “Nick” Waters served as the Orange County Emergency Management Director from 1989-2004 leading the divisions of emergency medical services, 9-1-1 communications, emergency management and fire marshal services; and 11 WHEREAS, Colonel Waters consistently challenged the state, county and his own department to embrace “out of the box” thinking that moved towards creative and divergent solutions for emergency services of every discipline; in doing so, he challenged women and minorities to excel and lead in the world of emergency services; and WHEREAS, Colonel Waters established the first Fire Marshal’s Division to provide support to the County fire departments and community to preserve life and property through education, prevention, investigation and fire code enforcement and established the new Emergency Management Specialist position to provide coordination between the County, towns, school systems and other agencies in establishing a county-wide multi- hazard plan and on-going training to improve the response given to residents during a disaster, and to ensure consistent implementation of this plan by all agencies; and WHEREAS, Colonel Waters and staff received multiple awards from the National Association of Counties and National Association of County Commissioners for trailblazing programs and services that took a risk to change the delivery and response of services for the better, such as, “Welcome to the World”, “Initial Response Vehicle Program”, “Emergency Management Comprehensive Training Program”, “Critical Incident Stress Support for Responders with Dr. Peter Smith” and many others; and WHEREAS, in 1996, 2000 and 2002, Orange County experienced three crippling weather events in which Colonel Waters guided and directed the County to recovery; NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does hereby recognize Emergency Management Director Colonel Phillip “Nick” Waters for his faith to turn dreams into reality and for having a vision for a different and better future by naming the Emergency Services Building the Phillip “Nick” Waters Orange County Emergency Services Center. This the 12th day of December 2017. A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the Board to approve the attached resolution naming the Emergency Services building at 510 Meadowlands as the Phillip “Nick” Waters Orange County Emergency Services Center and authorize the Chair to sign the resolution. Commissioner McKee said as a member of the Caldwell Fire Department he remembers Nick Waters setting the standard that encouraged them all to stretch a bit. VOTE: UNANIMOUS b. Amendment to Community Home Trust’s Affordable Housing Bond Development Agreement The Board considered voting to approve an amendment to Community Home Trust’s (CHT’s) Affordable Housing Bond Development Agreement to allow for the replacement of HVAC units at the East 54 Condominiums and to provide rehabilitation funding for homes purchased in the Northside neighborhood and authorize the Manger to sign. Sherrill Hampton, Housing Director, presented this item. BACKGROUND: 12 In 2008, Community Home Trust (CHT) submitted an application for assistance to provide second mortgages for low to moderate-income persons participating in its homeownership program. The Board of Orange County Commissioners approved an award of $200,000 to CHT to undertake this activity. The funds provided were a part of the remaining balance of the 2001 Affordable Housing Bond Program. In 2016, the Board of County Commissioners approved an amendment to the original Bond Development Agreement with Community Home Trust (CHT) to allow for $75,000 of the original award to be used for replacing HVAC units at Greenbridge Condominiums as well as other HVAC systems in other properties. Of the $75,000 allocated under the amended agreement, $15,000 has been spent to replace three (3) HVAC systems. A balance of $60,000 remains. As the cost of the Greenbridge HVAC replacements has decreased, Community Home Trust is requesting to broaden the use of the available $60,000 balance. Community Home Trust is requesting to use the remaining $60,000 for two projects. The first is to replace HVAC units at East 54 Condominiums as well as other properties in the CHT portfolio that require HVAC replacements. This assistance is needed to help defray expenses that exceed the amount set-aside under CHT’s Stewardship Account for HVAC systems. The second proposed project is to help rehabilitate housing units that CHT will acquire in the Northside neighborhood Initiative. To date, CHT has purchased one (1) single-family home (306 Brooks 1 Street) and will be purchasing additional homes in the neighborhood. The cost to rehabilitate these units has increased requiring the need for additional outside funding. FINANCIAL IMPACT: No negative financial impact is associated with the approval of the amendment. Broadening the eligible uses of the remaining $60,000 would allow for additional homeowners to be assisted and the timely expenditure of funds. Any funds not expended by June 30, 2019 will revert to the County for other eligible affordable housing activities. PUBLIC COMMENT: Robert Dowling, CHT Executive Director, said he apologizes for asking the Board to revise this funding again, having already done so in 2013. He said the funds can be spent more quickly if the requested changes are made. He said the money is currently just assigned to Greenbridge, and expanding its uses would allow faster repair of these failing systems, and coverage for Northside costs. Commissioner McKee asked if the remaining projected amount for the Greenbridge project is known, because he does not believe this will be the last system that will be needed. Robert Dowling said at Greenbridge, there is a transfer fee that the market rate owners pay to augment the cost of the affordable units. He said that transfer fee fund is almost $300,000, which can take care of the HVAC systems at Greenbridge. He said there is not a similar pot of money at East 54, and thus the request to move the funds. Commissioner McKee said asked if there is a reason that the original request in 2013 was not paid out of the transfer fee fund. Robert Dowling said in 2013 he did not know how many units would need replacing; the transfer fee fund was much lower; and the cost of replacements of these units went down from $11,000 to $7,000. Commissioner McKee said he is not criticizing CHT, but for him, it comes down to a lack of a chain of custody. He said if funds are allocated to a project, he likes them to be used for that project. He said the shuffling of funds makes him uneasy. He said he would prefer to see these funds returned to the account from whence they came, and a new request for funding made. 13 Sherrill Hampton said she appreciates this point, and that is why there is a recapture clause, which states if these funds are not spent by 2019 they will revert back to the County. Commissioner McKee said he appreciates this, and does not question the use of the funds, but wants the accounting to be clean. Commissioner Rich asked if the number of units at East 54 is known. Robert Dowling said there are 15 units in Greenbridge, three of which have received new HVAC systems. He said there are 34 units in East 54, and this is the first HVAC unit being replaced. Commissioner Rich said in 2013 Greenbridge was unique in that it was built to LEAD certification, and the HVAC systems were no longer available. She asked if this problem has been solved. Robert Dowling said he has not solved this problem. He says he was advised by residents to replace all the units, and he has chosen to replace them only as they break. Commissioner Jacobs said the units are not handicapped accessible at Greenbridge, and asked if this was the case at East 54. Robert Dowling said none of the units at East 54 are handicapped accessible. Commissioner Jacobs asked if Mr. Dowling would please communicate to East 54 to use universal design for handicapped accessibility going forward. Chair Dorosin asked if there are any handicapped accessible units in the building, whether affordable or not. Robert Dowling said he is not sure, but knows that codes must be met when the buildings are built. Chair Dorosin said these funds were allocated a long time ago, from a previous bond in 2001. He said these funds need to be spent. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs for the Board to approve and authorize the Manager to sign the requested second amendment (Attachment 3) of Community Home Trust’s Affordable Housing Bond Development Agreement. VOTE: UNANIMOUS c. Lands Legacy Action Plan for 2018-2020 The Board considered voting to adopt the Lands Legacy Action Plan for the years 2018- 2020. David Stancil and Kim Livingston, Land Conservation Manager, presented this item. David Stancil presented the background information: BACKGROUND: The Board of Commissioners established the Lands Legacy Program in 2000. Through this program, Orange County seeks to protect its most critical natural and cultural resources through a variety of voluntary means. Over the first 17 years of the program, Orange County acquired land for eight new parks and nature preserves, conserved 20 active farms (1,930 acres), and protected nearly 1,500 acres of natural open space in the Eno River, Cane Creek, Little River, and New Hope Creek watersheds. Over that period the County helped other partners protect an additional 1,338 acres of sensitive resource lands. Most projects are accomplished in partnership with other conservation entities, including the Triangle Land Conservancy, Orange Water & Sewer Authority, Eno River Association, the Orange NRCS/Soil & Water Office, State and Federal trust funds, and adjoining local 14 governments. With those partnerships, Orange County has been awarded over $5 million in grants for park acquisition or construction and for conserving farms and open space. The Lands Legacy Program is directed by the BOCC’s adoption of an Action Plan. The proposed 2018-2020 Action Plan reflects acquisition priorities for the next three years. Action Plan development is aided by input from resident advisory boards: the Commission for the Environment (for natural areas, prime forest, riparian buffers, and open space/trails); the Agricultural Preservation Board (for farmland preservation); the Historic Preservation Board (for historic/cultural resources); and the Parks and Recreation Council (for parklands, open space/trails). This Action Plan comes at a time where staff is mindful of several new developments that will affect the County’s land conservation actions and decisions: • An improving regional economy – an upturn following the Great Recession (2008-12) providing more conservation opportunities and resulting in higher land values. • No more NC Conservation Tax Credit – The NC General Assembly eliminated one of the important incentives for landowners to donate conservation easements or enter into bargain sales. The tax credit program expired December 31, 2013. • Less funding from the State – Although the state budget includes funding for land conservation, the amount of grant funds available to local governments from the state trust funds has been reduced significantly. • County parks master plan update – The new Orange County Parks and Recreation Master Plan 2030 was completed and adopted in 2014. The plan helps guide future Lands Legacy program acquisitions related to parks, open space and trails, with an emphasis on completing planned and land-banked parks, and expanding and enhancing nature preserves. • County funding for conservation easements – The BOCC approved a biennial allocation of $500,000 in the Capital Investment Plan (CIP) for conservation easement purchases. These funds are expected to leverage outside funds from various sources. Most of the priority focus areas in the 2018-2020 Action Plan are multi-year projects repeated from previous action plans. This has often been in the case in prior Action Plans, as many of these projects take considerable time to come to fruition. A few potential new projects are offered for the Board’s consideration. Details of each are provided on pages 4-5 of the action plan. Among the priorities in this three-year plan are: • Upper Eno Preserve/ Mountains-to-Sea Trail • Farmland Easements • Bingham Township Park • Jordan Lake Headwaters Preserve • Wildlife and Natural Connection Corridors between New Hope Creek and the Eno River • Local Historic Landmarks FINANCIAL IMPACT: Most of the funds available for this new three-year Action Plan are existing funds from prior appropriations of the Board. Much of the prior funding in the Lands Legacy Fund (current balance of $3,211,000) is from these prior appropriations, most of which tracks back to the voter-approved 2001 Parks and Open Space Bond (converted to alternative financing in 2010). The success in leveraging grant funds (over $5 million to date) has enabled the final installment of these funds to last into current and upcoming fiscal years. Additional funding sources for Lands Legacy activity include $482,000 in Parks and Open Space Payment-in-Lieu Funds (funds generated by new subdivision activity for parks, recreation and 15 open space acquisition and construction – which must be used in the district collected). In addition, the Board allocated $500,000 biennial for the Conservation Easement Fund as part of the CIP adopted in June 2017 (current balance of approximately $602,000) with the expectation of $500,000 additional biennial matching grant funds. Where identified, the projected funding source is listed in the attached Action Plan. For many projects, DEAPR seeks grant funds from a variety of state and federal sources. Final funding decisions are made by the Board on a project-by-project basis, as potential conservation acquisitions are presented for approval. Not all potential projects in the draft Action Plan will be pursued. In each case, separate project budgets and capital project ordinances with specific funding sources and amounts are considered at the time of project approval. David Stancil began the PowerPoint presentation: Lands Legacy Action Plan 2018-2020 Department of Environment, Agriculture, Parks & Recreation Lands Legacy Program Conserving high-priority natural & cultural resource lands  Voluntary  Partnerships  1,103 acres for parks & preserves  2,298 acres private farms & natural areas  Funding (including $5 M grants) Lands Legacy Program (map) Kim Livingston continued the PowerPoint presentation: Changing Conditions  Improving regional economy  NC Conservation Tax Credit elimination  Reduced funding from the State  County Parks and Recreation Master Plan 2030  County funds for conservation easements Draft Lands Legacy Action Plan Objectives for 2018-20 • Continue current focused approach • Complete projects already underway • Stewardship of existing properties • Conserve significant natural areas • Establish/extend trails to link public places • Continue to pursue grant funds Priority Projects for 2018-20 • Upper Eno Preserve/ Mountains-to-Sea Trail • Farmland Conservation Easements • Bingham Township Park 16 • Jordan Lake Headwaters Nature Preserve • Wildlife and Natural Connection Corridors between New Hope Creek and the Eno River • Local Historic Landmarks (aka easements) Orange County Lands Legacy Action Plan 2018-20 (map) Commissioner Marcoplos referred to the funding options for these projects and said social media is reporting that the Board of County Commissioners is blowing $5 million on parks, which is not true since they are from past bonds. David Stancil said about $2.4 million of the funds track back to the 2001 Parks and Open Space bond. Commissioner Marcoplos said there are also Payment in Lieu (PIL) funds, which are generated by development as a fair way to generate parkland and recreational opportunities. He said it would be illegal for the BOCC to use these funds for any other purpose. David Stancil said PIL funds can only be used for park and open space land acquisition or construction. He said the bond funds were converted to alternative financing, and the original prohibition from the 2001 bond may no longer be in place. He said the public approved the funds for park and recreational use. Commissioner Marcoplos said using them for alternate projects may not be illegal, but would be highly inappropriate. He said this information should be clearly explained to the public. Commissioner Jacobs said he appreciated Commissioner Marcoplos’ comments, and having the money left could be a sign of frugality and caution of spending bond money. Commissioner Jacobs suggested gathering visitation numbers from the parks and facilities, and to adding them as an appendix to the plan. Commissioner Jacobs reported when he attended the food meeting with Wake and Durham counties, he thanked the City of Raleigh for the money spent to protect its watershed in northern Orange County. He said he spoke with representatives from Durham, and reminded them that Durham has taken no similar action. He said further discussion can be had about municipalities contributing to the protection of water supplies. Commissioner Rich said Wake County’s contribution to protecting the watersheds was also mentioned at the TJCOG meeting last week. She said the meeting notes may be helpful in composing any potential letter on this issue. Commissioner Rich referred to the idea of gathering data on park usage, and said Hollow Rock Park has proved far more popular than expected. She said numbers on parks would be easy to gather. Chair Dorosin said this program is very successful, but he has concerns that acquisition is exceeding the usage of these parklands. He said it is discouraging to the public to see land acquired and not developed as envisioned. He said he would like to review and re-prioritize needs, which may be better done through a work session discussion. Commissioner Burroughs said she views this differently, and considers parkland as land banking, available to future generations. She said she does not think the public is clamoring for park development, and she looks forward to a longer conversation on this topic. Chair Dorosin asked if this Board wanted to prioritize developing parks, is it permitted to use these land legacy monies. David Stancil said the Board could do so, and steps were taken last year in the CIP. He said land banking was done consciously for the future time when the land was needed. He said some parks have taken much longer than expected, but construction costs are different than acquisition costs. 17 A motion was made by Commissioner Rich, seconded by Commissioner Jacobs for the Board to adopt the Lands Legacy Action Plan for 2018-2020. VOTE: UNANIMOUS Commissioner Jacobs asked if Todd McGee could do a press release about this, and from where the funds come, etc. Bonnie Hammersley said yes. d. Schools Adequate Public Facilities Ordinance (SAPFO) – Approval of Membership and Capacity Numbers The Board considered voting to approve the November 15, 2017 membership and capacity numbers for both school districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in developing 10-year student membership projections and the 2018 SAPFO Technical Advisory Committee (SAPFOTAC) Report. Ashley Moncado, Planner II, presented this item. BACKGROUND: In accordance with the Schools APFO MOU (Memorandum of Understanding), the Board of County Commissioners shall approve the school districts’ November 15th membership and capacity numbers within 15 school days after receiving the numbers from the school districts. Both Orange County Schools and Chapel Hill-Carrboro City Schools submitted their membership and capacity numbers in accordance with the MOUs. As per the MOUs, this step of the SAPFO process entails only the approval of the student membership and capacity numbers. The SAPFOTAC, comprised of representatives of both school systems and the Planning Directors of the County and Towns, is tasked to produce an annual report for the governing boards of each SAPFO partner. The full annual SAPFOTAC report, which will include 10-Year student membership projections, will be completed in early 2018. The CAPS (Certificate of Adequate Public Schools) system is updated with actual membership and capacity figures after the BOCC approves the information submitted by the school districts. The chart in Attachment 2 shows the Capacity and Membership for each school level in both school districts and the increase (or decrease) over the November 15, 2016 membership. It also shows the Allowable Maximum Level of Service (LOS) as was agreed upon as part of the SAPFO MOU process and the Actual LOS based on November 15, 2017 membership numbers. As a result of House Bill 13, which modified class size ratios for kindergarten to third grade, both school districts have experienced a decrease in capacity for the 2017-18 school year at the 1 elementary school level. Future changes to class size ratios for the 2018-19 school year will be reviewed by the SAPFO Technical Advisory Committee (SAPFOTAC) in January. At that time, the SAPFOTAC will discuss the possible reconvening of the Joint Action Committee, comprised of representatives from the Orange County Board of Commissioners, the Orange County Board of Education, and the Chapel Hill-Carrboro City Schools Board of Education, in order to address potential modifications in class size ratios for the 2018-19 school year for SAPFO purposes. 18 In recent years, Pre-K enrollment has been a topic of discussion with both school districts. However, SAPFO has not been amended to include Pre-K in the membership and capacity numbers. Therefore, Pre-K children are not included in the membership and capacity numbers reported. Chair Dorosin referred to the chart on last page that notes the class size ratio, and asked if that is the new ratio. Ashley Moncado said yes. Chair Dorosin asked if the decreases in elementary school enrollment in both school districts are the result of children attending charter schools. Ashley Moncado said yes. Commissioner McKee asked if there is a way to gather information from the Charter schools, and their actual numbers, compared to their capacity, and how these figure into the SAPFO numbers. He said charter schools are here to stay, and the County should figure out a way to work with charter schools, so that they are not a detriment to the public schools. Ashley Moncado said they do monitor the charters, but they do not have direct information from the charters. Commissioner Jacobs agreed and said the current tax bill is going to offer incentives to send children to private schools. He said the Board should be more aggressive in reaching out to the charters to gather their projections, as the charter schools are almost becoming a parallel school system. Chair Dorosin said the charters do not have any incentive to work with Orange County, but it would not hurt to reach out to them, because they do impact the public school systems, and their funding. Commissioner McKee agreed with Chair Dorosin, and said it is important to acknowledge the presence of charter schools, and reach out for the benefit of the whole community. Commissioner Price concurred with Commissioner McKee. Chair Dorosin said he would be happy to reach out, but believes that charter schools present a threat to traditional public schools. A motion was made by Commissioner Burroughs, seconded by Commissioner Rich for the Board to approve the November 15, 2017 Membership and Capacity numbers as submitted by each school district as contained in attachment 1. VOTE: UNANIMOUS e. Consideration of Approval of Additional Station for the Durham-Orange Light Rail Transit Project at Blackwell and Mangum Streets in Downtown Durham The Board considered voting to approve an additional station for the Durham-Orange Light Rail Transit Project at Blackwell and Mangum Streets in downtown Durham. The Orange County Transit Plan requires the Board of Commissioners to approve the addition or elimination of any stations in the proposed system plan. This addition cannot increase the total cost of the project and must be accommodated within the current budget. Travis Myren presented this item. BACKGROUND: At the Board’s November 20, 2017 regular meeting, GoTriangle staff introduced two potential station changes to the Durham-Orange Light Rail Transit Project. The first proposed change would shift the Gateway station to the west in order to promote more economic development 19 opportunities, particularly in Orange County. The Orange County Transit Plan contemplated this change. A change in the location of a station requires consultation with the Board of Commissioners, but it does not require action. The second proposed station change was the addition of a station at Blackwell and Mangum Streets in downtown Durham. The Orange County Transit Plan requires that the addition or elimination of any station must be approved by the Orange County Board of Commissioners, Durham County Board of Commissioners, and DCHC MPO Policy Board, and the GoTriangle Board. The Durham County Board of Commissioners will consider the item on December 11th, and both the MPO Policy Board and the GoTriangle Board will consider the addition on December 13th. GoTriangle staff has supplied the attached memorandum to provide additional information on the proposed Blackwell/Mangum station. The station is intended to improve access to the Durham Performing Arts Center (DPAC), Durham Bulls Athletic Park, and other downtown Durham attractions. The Blackwell/Mangum station was not originally included in the project because it was not technically feasible given the three-car platform length featured in the original design. As part of the engineering process, GoTriangle revisited the three car platform concept and has reduced the platform size to a two car platform. The shortened platform length represents a cost 1 savings, but it allows sufficient room for the system to navigate between historic buildings in the downtown Durham area, making the Blackwell/Mangum station technically feasible. The addition of the Blackwell/Mangum station is expected to yield a net gain of approximately 600 trips per day according to GoTriangle’s regional ridership modeling. The new station is expected to cost approximately $2.5 million, which is less than the estimated $8 million to shift the Gateway station to the west. The new station costs less because it does not require any changes to the rail alignment. The proposed Gateway update requires the addition of track and a shift in the rail alignment while the new Blackwell/Mangum station is positioned along the current rail alignment. GoTriangle staff report that the new station will add approximately $150,000 in annual operations and maintenance costs and add less than a minute to end to end travel time. If the Blackwell/Mangum station is approved, it will be submitted for reevaluation by the Federal Transit Administration (FTA) in January. If the FTA requires additional environmental analysis, GoTriangle will complete that process prior to an amended Record of Decision from the FTA, which is anticipated to be completed by the fall of 2019. FINANCIAL IMPACT: There is no additional cost associated with this consideration. The addition of the Blackwell/Mangum station to the Durham-Orange Light Rail Transit project must be accommodated within the current project budget. Travis Myren said Durham County approved this last night, and the Go Triangle Board will be discussing this item tomorrow. Matthew Clark, GoTriangle Government Affairs Manager, made the following PowerPoint presentation: Durham-Orange Light Rail Transit Project Orange County Commissioners December 12, 2017 20 Aerial Photo Aerial Photo Proposed Engineering Updates • The estimated cost of the proposed Gateway station update is $8 million. • The estimated cost of the proposed DPAC station addition is $2.5 million. • The purpose of the Gateway station update is to provide more opportunity for economic development in Orange County. • The purpose of the DPAC station addition is to provide people in Orange and Durham Counties with easy access to the DPAC, Durham Bulls Athletic Park, and other center city destinations. • Both Engineering updates are contained within the budget which is set at around $2.47 billion. Blackwell/Mangum Station Addition • Studying the feasibility of the station was a result of the DEIS process. • Net gain of roughly 600 trips per day. • Inexpensive in relation to the Gateway shift given that no changes are required to the alignment itself. • Engineering updates will be submitted to the FTA for reevaluation. • If supplemental environmental analysis is required, GoTriangle will work with FTA to complete the analysis prior to an amended Record of Decision. Commissioner Jacobs said however the Board votes tonight is how he will vote at tomorrow’s GoTriangle meeting. Commissioner Marcoplos clarified that there are various expenditure changes, and asked if, to date, they are all contained within the budget. Matthew Clark said the budget is set at roughly $2.47 billion, and any of the details must all be contained within that budget. Commissioner Marcoplos said there is a 30% contingency, and asked if this is there to absorb changes that are below that 30%. Matthew Clark said yes, and GoTriangle is actively tracking all of these changes to make sure that the ones that cost money are offset by the ones that save money. He said GoTriangle does not want to eat into that contingency. Commissioner Marcoplos asked if there is a point in time when GoTriangle can say it is 1% into the contingency, or not near the contingency at all, etc. Matthew Clark said the Federal Transit Authority (FTA) requires this tracking, and there is a program management oversight consultant that is assigned by the FTA and checks in with GoTriangle on a monthly basis. He reviewed the changes. Commissioner Marcoplos asked if the Board of County Commissioners could be periodically apprised of these changes. Matthew Clark said yes, and that GoTriangle will update the BOCC on this, and many other items, in late January or early February 2018. Commissioner McKee thanked GoTriangle for this additional station, as it is beneficial for service. He said this is a major factor that will make this whole project work, if it comes to fruition. Chair Dorosin echoed Commissioner McKee. 21 Chair Dorosin said it sounds like there has been about $31 million in savings from the two-car change and university place, and the changes discussed this evening total $14.5 million. He said this is a net savings of about $15 million. Matthew Clark said as this moves through the engineering phase, details will be ironed out, with all costs and saving being carefully tracked. He said everything must be contained within the budget. A motion was made by Commissioner Marcoplos, seconded by Commissioner Rich for the Board to approve the addition of a light rail station at Blackwell and Mangum streets in downtown Durham. VOTE: UNANIMOUS 7. Reports NONE 8. Consent Agenda • Removal of Any Items from Consent Agenda NONE • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Rich for the Board to approve the remaining items on the Consent Agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes – None b. Designation of the Dr. Arch Jordan House as an Orange County Local Historic Landmark The Board adopted an ordinance to designate the Dr. Arch Jordan House as an Orange County Local Historic Landmark and authorize the Chair to sign. c. Fiscal Year 2017-18 Budget Amendment #4 The Board approved budget and grant project ordinance amendments for fiscal year 2017-18. d. Resolution of Approval – Conservation Easement for High Rock Road Farmland; and Approval of Budget Amendment #4-A The Board approved a resolution, which is incorporated by reference, to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for High Rock Road farmland, and approve Budget Amendment #4-A and authorized the Chair to sign. e. Right of Way Encroachment Agreement for Non-Utility Encroachments on Primary and Secondary Highways The Board approved a Right of Way Encroachment Agreement for Non-Utility Encroachments on Primary and Secondary Highways authorizing the applicant to enter into an agreement with North Carolina Department of Transportation (NCDOT) and authorized the Chair to sign. f. Food and Nutrition Employment and Training and WIOA Workforce Innovation and Opportunity Act Grants 22 The Board ratified the County Manager’s execution of the continuation of Food and Nutrition Employment & Training grant funds contract for the period of October 1, 2017 through September 30, 2018 and approved the FY 2017-18 Workforce Innovation and Opportunity Act (“WIOA”) contract and authorize the Manager to sign. 9. County Manager’s Report Bonnie Hammersley pointed out two information items, and reviewed a progress report on the Rogers Road sewer project. Chair Dorosin asked if the summer 2018 date refers to homes being connected, or just to the mains being laid in the ground. Bonnie Hammersley said it will be the mains being laid in the ground, but as the construction is completed houses can be connected. Commissioner McKee said in his experience, Moffit Pipe is an excellent company, and he expects the project to come in on time and on budget. 10. County Attorney’s Report NONE 11. *Appointments a. Affordable Housing Advisory Board – Appointment The Board considered making an appointment to the Affordable Housing Advisory Board. A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint the following to the Affordable Housing Advisory Board: • Appointment to a second full term (position #2) “At-Large” for Eleanor Kinnaird expiring 09/30/2020. VOTE: UNANIMOUS The Board discussed other possible appointees. Commissioner Price said if this board has recommendations for appointees, the BOCC would welcome them. Sherril Hampton said if the board had any recommendations, they would be put forth in January. b. Carrboro Northern Transition Area Advisory Committee – Appointment The Board considered making an appointment to the Carrboro Northern Transition Area Advisory Committee. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to appoint the following to the Carrboro Northern Transition Area Advisory Committee: • Appointment to a first full term (Position #3) “BOCC Appointee” position for Deborah Eaker-Rich expiring 01/31/2020. Please see attached Carrboro Resolution. VOTE: UNANIMOUS 23 Commissioner Jacobs said the BOCC and the Town of Carrboro should discuss the charge of this group, and its responsibility to both boards, next time they meet. c. Chapel Hill Orange County Visitors Bureau – Appointments The Board considered making appointments to the Chapel Hill Orange County Visitors Bureau. A motion was made by Commissioner Rich, seconded by Commissioner McKee to appoint the following to the Chapel Hill Orange County Visitors Bureau: • Appointment to a second full term (Position #2) “At-Large Chapel Hill-Carrboro Chamber of Commerce” representative for Rosemary Waldorf expiring 12/31/2020. • Appointment to a first full term (Position #3) “At-Large Hillsborough/Orange County Chamber of Commerce” representative for David Brooks expiring 12/31/2020. • Appointment to a first full term (Position #5) “At-Large Economic Development Advisory Board” representative for Anthony Carey expiring 12/31/2020. • Appointment to a first full term (Position #10) “At-Large Alliance /Historic Hillsborough” representative for Jeffery Strickler expiring 12/31/2020. • Appointment to a first full term (Position #12) “At-Large Orange County Arts Commission” representative for Tim Hoke expiring 12/31/2020. VOTE: UNANIMOUS d. Nursing Home Community Advisory Committee – Appointments The Board considered making appointments to the Nursing Home Community Advisory Committee. A motion was made by Commissioner Price, seconded by Commissioner Rich to appoint the following to the Nursing Home Community Advisory Committee: • Appointment to a first full term (Position #7) “At-Large Nursing Home Administration” representative for Jacquelyn Podger expiring 06/30/2020. • Appointment to a first full term (Position #11) “At-Large Nursing Home Administration” position for Dr. Carol Kelly expiring 12/31/2019. VOTE: UNANIMOUS e. Orange County Planning Board – Appointments The Board considered making appointments to the Orange County Planning Board. A motion was made by Commissioner McKee, seconded by Commissioner Price to appoint the following to the Orange County Planning Board: • Appointment of Adam Beeman to a partial term (position #1) “Cedar Grove Township Resident” expiring 03/31/2019. VOTE: UNANIMOUS A motion was made by Commissioner Rich to appoint Scott Radway to position #7 24 No second. Motion failed. A motion was made by Commissioner Jacobs, seconded by Chair Dorosin to appoint the following to the Orange County Planning Board: • Appointment of Hunter Spitzer to a partial term (position #7) “At-Large” expiring 03/31/2018 VOTE: UNANIMOUS Commissioner McKee said all advisory board members need to read their abstracts, if they intend to sit on an advisory board. He said it bothered him greatly when this issue came to his attention. 12. Information Items • December 4, 2017 BOCC Meeting Follow-up Actions List • Memo Regarding NC-86 (N. Churton Street) at US-70 (Cornelius St) Intersection Improvements • Blackwood Farm Park Status Update • Mountains to Sea Trail (MST) – Petition and Next Steps • BOCC Chair Letter Regarding Petitions from December 4, 2017 Regular Meeting 13. Closed Session A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to go into closed session at 9:59 p.m. for the purposes of: “To discuss the County’s position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property,” NCGS § 143-318.11(a)(5). Approve Closed Session Minutes VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Price to reconvene into regular session at 10:40 p.m. VOTE: UNANIMOUS 14. Adjournment A motion was made by Commissioner Rich, seconded by Commissioner Price to adjourn the meeting at 10:40 p.m. 25 VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board