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HomeMy WebLinkAboutAgenda - 03-08-2018 8-a - MinutesORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 8, 2018 SUBJECT: MINUTES DEPARTMENT: Board of County Commissioners ATTACHMENT(S): Draft Minutes (Under Separate Cover) Action Agenda Item No. 8 -a INFORMATION CONTACT: 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. February 6, 2018 February 15, 2018 February 20, 2018 FINANCIAL IMPACT: NONE SOCIAL JUSTICE IMPACT: NONE BOCC Regular Meeting BOCC Work Session BOCC Regular Meeting RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented or as amended. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Attachment 1 DRAFT MINUTES BOARD OF COMMISSIONERS REGULAR MEETING February 6, 2018 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 6, 2018 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: None 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 7:01 p.m. 1. Additions or Changes to the Agenda The following items were noted at the Commissioners' places: - PowerPoint for item 4 -b - PowerPoint and script for item 5 -a: SUP public hearing - PowerPoint for item 6 -b: NCHIP - PowerPoint for item 6 -c - PowerPoint for item 7 -a: 2045 MPO Plan - Revised abstract for item 7 -b - PowerPoint for item 7 -b: Broadband - 11 -a- GoTriangle Applicants PUBLIC CHARGE Chair Dorosin dispensed with the reading of the public charge. Arts Moment- Pam Baqqett Chair Dorosin read the introduction for Pam Baggett: Pam Baggett's chapbook, Wild Horses, was a runner -up for the 2017 Cathy Smith Bowers Chapbook Contest and will be published by Main Street Rag in 2018. Recent poems appear in Atlanta Review, Cold Mountain Review, Crab Orchard Review, Greensboro Review, and Tar River Poetry. Work also appears in anthologies, including Forgetting Home: Poems About Alzheimers and The Southern Poetry Anthology Volume VII: North Carolina. Ms. Baggett is a Pushcart Prize nominee, a recipient of the 2017 Ella Fountain Pratt Emerging Artists Grant, and a 2017 recipient of an Artist Project Grant from the Orange County Arts Commission. She co- hosts the Second Thursday Reading series at Flyleaf Books in Chapel Hill, and teaches free poetry workshops at the Orange County Main Library in Hillsborough. Pam Baggett read two short poems. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2 2. Public Comments a. Matters not on the Printed Agenda Billie Holloway said he lives on Highway 70, adjacent to the proposed site for a County detention center and agricultural building. He said his property has a jut out, and the proposed buildings would go all the way around his property. He suggested making his property line straight, and installing a buffer, as opposed to going around the jut out of his property. He said he would be happy to talk with staff about how to make this happen. Chair Dorosin said staff would be in touch with Mr. Holloway. 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 she attended the "Connecting to Opportunities" summit in Durham today. She said she appreciated comments from the new Durham Mayor, but there was little mention of Orange County in the presentations. She said there was discussion about zoning changes to make it easier for developers to build affordable housing. She said on a recent National Association of Counties (NACo) telephone call, she learned of a town in El Paso County, Colorado, which has passed an ordinance for tiny homes. Commissioner Price said there is another kick off for Black History Month, and the Burwell School is celebrating the bicentennial of Elizabeth Hobbs Keckley with a program on Sunday. Commissioner Price said they have started doing stories on the radio about the Veterans Memorial, to help with both public education and fundraising. Commissioner Marcoplos said he would like the Board of County Commissioners (BOCC) to consider a third filter on its abstracts, which look at environmental impact in addition to the existing financial and social justice impact filters. He asked if this could be discussed at a future work session. Commissioner Burroughs had no comments. Commissioner Rich congratulated all the groups that are doing Frederick Douglas celebrations. Commissioner McKee had no comments. Commissioner Jacobs spoke in support of Commissioner Marcoplos' petition. Commissioner Jacobs said he and Laurie Paolicelli, Visitors' Bureau (VB) Director, spoke at NC A &T State today. Laurie Paolicelli spoke on culinary tourism, noting that Orange County is in a good position to promote and partake. He said in 1999, Orange County had $20,000 in direct sales from farm to consumers, which rose to $1.4 million in 2001. He said it was an encouraging experience, as Orange County is seen as a leader in this form of economic development. Commissioner Jacobs petitioned the officers of the board to respond to the unfortunate letter from the Chapel Hill - Carrboro City Schools ( CHCCS) about the Millhouse Road property. He said he felt CHCCS overstepped its place in telling the BOCC how to do it business. Chair Dorosin said a response is being drafted. Commissioner Jacobs proposed that the BOCC withdraw the item about the Economic Development District (EDD) expansion on Davis Road, and he said he had talked to Craig Benedict about this. He said residents in this area are beleaguered, and this topic is not a high 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 priority. He said if this item comes back, it would be wise to have an information session prior to taking any action. Chair Dorosin said in an effort to be more collaborative about meetings he has attended, he will be sending out an email with updates. He said the schools facilities work group, which is meeting around the issue of school construction bids, met last week. He said there are some interesting new questions to consider regarding timing, when the bonds get drawn down, and how construction is paid for. He said he will share his notes with the BOCC. He said bids for Chapel Hill High School are expected at the end of March. Chair Dorosin said the Food Council met last night, and it plans to follow up, from the Assembly of Governments (AOG) meeting, with smaller groups of elected officials. He said there are some new ideas from the food economy work group about possible new ways that the BOCC can be supportive. Chair Dorosin said there are two housekeeping items: Chair Dorosin asked if a Commissioner would volunteer for the North /South Bus Rapid Transit (N /S BRT) Policy committee. Commissioner Jacobs suggested adding this need to the list of boards that the Board of County Commissioners will choose on February 15th The BOCC agreed by consensus. Chair Dorosin said there is a lavender sheet at the Commissioners' places with a list of all the applicants for Go Triangle Community Advisory Committee. He asked if all BOCC members would pick four people, and rank them as follows: 1st choice = 4 points, 2nd choice = 3 points, 3rd choice = 2 points, and 4th choice 1 point. He said staff will tally the points, and the top four point getters will be put forth during the appointments portion of the meeting later this evening. Commissioner Rich said Orange County has 7 appointed individuals: 4 nominated by the BOCC, and 3 that GoTriangle picks. She said to put forth the top 4 vote getters as the BOCC recommendation, but also provide GoTriangle with the names of the next three vote getters, as well. 4. Proclamations/ Resolutions/ Special Presentations a. Resolution Acknowledaina February 27. 2018 as Spav Neuter Dav in Oranae County The Board considered voting to officially resolve that February 27, 2018 is "Spay Neuter Day" in Orange County, authorize the Chair to sign the resolution and briefly review two new initiatives in the County's Community Spay and Neuter Program. Bob Marotto, Animal Services Director, and Maureane Hoffman, Animal Services Advisory Board (ASAB) Chair, reviewed the background information and following PowerPoint Presentation. Animal Services Spay Neuter Program Making sense and savings cents in Orange County Animal Services February 2018 Targeted Spay and Neuter: The Theory (chart) Animal Services Spay Neuter: What it is and how it works (chart) New Developments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Pi Growing spay and neuter in the County: thanks to a grant of $16,500 from the Margo T. Petrie Foundation, we have been able to make free spay and neuter services available to more County residents than ever before. They are now available to residents with a household income of up to 400 percent of the Federal Poverty level rather than only 200 percent, as well as residents who receive public assistance. Working (Barn) Cat program: With a $5,000 grant from the Trad Foundation made via friends of Orange County Animal Services, we launched the Working (Barn) Cat program as part of a broader effort to more humanely manage free - roaming cats. This program helps County residents have working cats spayed or neutered, vaccinated, licensed, and micro - chipped at no charge. Don't delay? Spay or Neuter Today! Working Barn Cat Program Animals Admitted 2005 -2017 (graph) Animal Outcomes 2005 -2017 (graph) Targeted Spays and Neuters 2008 -2016 (graph) Total Cats Sterilized 2015 -2017 in OCAS Spay /Neuter Program (graph) Opportunities and Challenges • Increasing the number of sterilized dogs and cats to 500+ via enhanced communication and new initiatives • Outreach to virtually all sectors of the community about the availability of free spay and neuter services • Growing the Working (Barn) Cat Program and expanding the program to include other cats that are loosely affiliated with residents. • Encouraging community involvement and support in managing free roaming cats in new ways using spay and neuter services. • Sustaining financial support from multiple sources to ensure that Community Spay and Neuter is an ongoing and growing part of Animal Services. Commissioner McKee read the resolution: ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS SPAY NEUTER DAY RESOLUTION WHEREAS, cats and dogs provide companionship to and share the homes of thousands of individuals in Orange County; and WHEREAS, the problem of pet overpopulation costs the taxpayers of Orange County hundreds of thousands of dollars annually through animal control and sheltering programs aimed at coping with unwanted and homeless cats and dogs; and WHEREAS, humane societies and shelters throughout the country have to euthanize approximately four million cats and dogs each year, although many of them are healthy and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 adoptable, due to the lack of critical resources such as money, space, and good adoptive homes; and WHEREAS, the Animal Services Advisory Board and the Animal Services Department have made correcting pet overpopulation a priority, and prepared Managing Pet Overpopulation: A Strategic Plan for Orange County and Managing Free - Roaming Cats in Orange County North Carolina; and WHEREAS, spaying and neutering cats and dogs, among other animal companions, has been shown to drastically reduce overpopulation; and WHEREAS, Animal Services has partnered with community partners including AnimalKind, the Department of Social Services and Spay Neuter Assistant Program -North Carolina to offer "low cost" and "no cost" spay and neuter to households who are economically disadvantaged or who receive public assistance; and WHEREAS, veterinarians, animal care and control organizations, national and local animal welfare organizations, and private citizens have joined together again this year to advocate and support the spaying and neutering of companion animals on "Spay Day USA 2018 "; Now, therefore be it RESOLVED by Orange County that February 27, 2018 is declared "Spay Neuter Day ", and the Board of County Commissioners calls upon the people of the County to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person's cat or dog. THIS THE 6th DAY OF FEBRUARY, 2018. A motion was made by Commissioner Jacobs, seconded by Commissioner Jacobs to adopt the proposed resolution and authorize the Chair to sign the resolution. VOTE: UNANIMOUS b. Body -worn Cameras for the Orange County Sheriff's Office The Board received a presentation from a representative of Wireless, NC regarding a digital evidence management proposal for the Orange County Sheriff's Office. Sheriff Blackwood and vendors from Motorola presented this item: BACKGROUND: At the October 6, 2016 Board of Orange County Commissioners meeting, Orange County Sheriff Charles S. Blackwood and the Board discussed the possibility of equipping Sheriff's Deputies with body -worn cameras (BWC). Subsequent to the meeting, various vendors of BWC met with Sheriff's Office staff about their offerings. The Sheriff's Office identified four BWC models of interest and placed them into limited use by Deputies. Through this pilot testing, the Deputies determined that products offered by Motorola Solutions are best suited for use by the Sheriff's Office. Amanda Barringer with Wireless, NC will make a presentation to the Board on Motorola's Digital Evidence Management Solutions (DEMS), which includes the SI -500 Body Camera and Command Central Vault. Sheriff Blackwood said Amanda Barringer is very ill, and unable to attend, but she laid the foundation for this presentation. He said he is very pleased with the options available to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 County. He said technology moves so quickly that the solution being presented this evening was not available when this discussion started. He said the cost is expected to be $200,000 less than budgeted. He said initially this was a partial implementation, but now a full implementation and back up is expected to be more financially attainable, which is very pleasing. He said a test of the solution was conducted, and input was gathered from various stakeholders. He said many previous concerns have been satisfied. He showed a video of law BOCC of law enforcement describing its experience with the equipment. Sheriff Blackwood said the vetting process was well worthwhile, and the residents stand to benefit the most from this equipment. Scott Hurt, Mobile Communications America, introduced his team: Mike Costa, Solution Expert Specialist, and Joe Freedman, Solution Architect. Mike Costa thanked the BOCC for its time, and highlighted the unique features and capabilities of the product. He reviewed the following PowerPoint presentation: Orange County Sheriff's Office Si500 Command Central Value • Situational Awareness Analytics and Investigation Records and Content Management Si500 Video Speaker Microphone SSI 500 and Command Central Vault- products being shown to the Board of Commissioners Si500 Multiple Devices Si500: 3 in one device consolidating officer hardware • Body worn camera • Advanced noise cancelling microphone • Smart hand held device Motorola Rugged Purpose Built User interface and Work Flow Wearability Options Sample District or Precinct Deployment Command Central Vault Operations Simplified Simplified Management: • Advanced end -to -end content management Content Storage Predictable costs (OPEX) Cloud offering — no complex IT Simplified Workflows: Integration with Si500 VSM Metadata extraction 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 7 Advanced retrieval, review and management Automated redaction • Streamlined evidence sharing Commissioner Rich asked if there is a plan in place to deal with the Wi -Fi -dead spots in the County. Vendor said the device is flexible to use any Wi -Fi, and can store up to 128 networks. Commissioner Rich asked if it is constantly uploaded. Vendor said no. He said the deputy can select to upload at the end of a shift, or it happens automatically when the device is in the dock. Commissioner McKee said his question was answered above. Commissioner Jacobs congratulated Sheriff Blackwood for getting to this point. Commissioner Jacobs said when the BOCC previously talked about this, there was discussion regarding the public record component, and there were some different opinions as to how to proceed. He asked if there was an update on this topic. Sheriff Blackwood said he will be handing out his Department's adopted policy, which reflects the State law. He said there are different ways the content can be released, and the most important thing to remember is that anyone who feels they were mistreated will not be given the video, but are able to view it. Commissioner Price asked if this equipment will substitute for the regular radios. Sheriff Blackwood said it is in addition to the regular radios. He said instead of the officer having a body mic and a camera, he /she will have one device that does both functions. He said he really cares about the way the officers look, and this equipment allows function without a lot of extra stuff being added to the uniform. Commissioner Price asked if an officer is in a rural area with no Wi -Fi, will there still be a regular radio frequency, by which to communicate. Sheriff Blackwood said the radio frequency and the downloading of information are two separate things. He said the radio works off the radio, and the camera downloading happens at access points at certain times. Vendor said the radio will be able to work on the radio system, regardless of Wi -Fi. Commissioner Price asked if maintenance of records have been considered. Sheriff Blackwood said all of this is addressed in their policy. He said his IT team has met with Motorola, as well as County IT, to work out all questions. He said maintenance will cost about $300,000. Commissioner Marcoplos referred to the hypothetical situation of a child who reports police mistreatment to his /her parent, and the parents look at the video and are disturbed. He asked if there is a process from that point forward. Sheriff Blackwood said these steps are covered in the state statute, but HB 972 is not perfect. He said this statute is always being talked about, with possible tweaking of the statute moving forward. Chair Dorosin said he would like to know when the cameras will be turned on or off, and how this decision is made. He clarified that the $300,000 is the cost of the equipment, and asked if there is a cost estimate for the data storage. Vendor said the $300,000 includes both the device and the back end storage for 5 years. Chair Dorosin asked if the policy will address how long information be kept, and how and when things are deleted. Sheriff Blackwood said the policy will address this, and it is open for discussion. Chair Dorosin said it is a complicated situation. N. I Sheriff Blackwood said sometimes it takes months for concerns to come to light, and the 2 policy addresses this. 3 Chair Dorosin asked if the BOCC would review the policy, and if there are questions or 4 concerns, Sheriff Blackwood can come back for further discussion. He said this is an expected 5 budget request for FY2018 -19. 6 7 c. FY2018 -19 Orange County Schools Continuation Budget 8 The Board received an update on the current continuation budget projections for the 9 FY2018 -19 Orange County Schools (OCS) budget. 10 Chair Dorosin reviewed the background information below: 11 BACKGROUND: 12 During the last collaboration meeting of the three Boards, Orange County Schools requested 13 the opportunity to appear before the Board of County Commissioners prior to the official start of 14 the budget process. The request is an effort to be transparent with information early in the 15 process so that the Board of County Commissioners is aware of the current reality in Orange 16 County Schools. Orange County Schools faces a budget shortfall due to declining enrollment, 17 state mandated salary increases, and state mandated changes to class size ratios at 18 kindergarten through third grade. 19 20 Dr. Todd Wirt, OCS Superintendent, said he is glad to be able to give the Board an early 21 overview of where OCS is now. He said there is a handout in the abstract and he walked the 22 BOCC through this sheet. He reviewed the per pupil amounts, and fund balance appropriations 23 that his Board has made. 24 Dr. Todd Wirt said it is possible that Department of Public Instruction (DPI) projections 25 for enrollment may be received by the end of the week. He said charter school enrollments 26 have increased, and OCS is working hard to counter this change. 27 Dr. Todd Wirt referred to the bottom 1/3 of the page: 28 HB 13 Class Size $870,000 (12 teachers) Mandate State Mandated $1,200,000 Increases Loss of State - Teacher Funding 725,000 (10 positions) Total Continuation 33,280,226$ 36,075,226 Budget Estimated Local (3,401,396) Revenue Shortfall Charter School Funding - (602,641) Gap Total Estimated Funding Gap (2,798,755) 29 Dr. Todd Wirt said there is a $3.4 million shortfall, which does not include keeping pace 30 with $15 /hour living wage, which would add an additional $350,000. He said OCS has frozen 31 many positions throughout the year as cost cutting measures, which resulted in a savings of 32 about $350,000 for this year. He said some of these positions will have to be filled moving 33 forward. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 I Dr. Todd Wirt said OCS felt it was important to bring this information forward as the County approaches its budget season. Commissioner McKee asked if there could be greater clarification regarding the charter school funding gap. Dr. Todd Wirt said OCS is funded based on the previous year's enrollment of 617 charter school students, when there are actually 768 students enrolled in charter schools this year. He said there is a gap between the funding that OCS must find. Dr. Todd Wirt said there could be a gap again, and maybe it will be better to fund charter students on a conservative projection, as the number of charter students continues to increase. Commissioner McKee said he would have assumed it would have increased the deficit rather than decrease it. Dr. Todd Wirt said what is being taken out is what that gap feeds in. Commissioner Price asked if OCS could indicate in its budget the positions that will not earn the living wage of $15.00. Dr. Todd Wirt said he expects this would be included that in their budget presentation. Commissioner Jacobs said the new federal tax law also pays for private school for students, and asked if OCS is tracking all of these changes that are draining off the funds for the public schools. Dr. Todd Wirt said OCS does track that data, and can present it to the Board of County Commissioners. Commissioner Rich asked if all of the charter school students attend charter schools in Orange County. Dr. Wirt said the vast majority goes to charter schools in Orange County. Commissioner Rich asked if the same amount of money is sent to charter schools outside of Orange County. Rhonda Rath, OCS Chief Financial Officer, said yes. She said about 25% of OCS students attend charter schools outside of Orange County. Dr. Todd Wirt said a charter school in another county receives more funding for an OCS student, than it does for students from its own county. Commissioner Marcoplos asked if the economic effects of homeschooling are known. Dr. Todd Wirt said the main economic effect is that OCS does not receive state or local funding for students who are homeschooled. Commissioner Marcoplos said families that homeschool their children, still pay taxes, and thus this should have a positive economic effect. Dr. Todd Wirt said the schools benefit from local taxes being paid by homeschooling families, but the state does not provide any funding for these students. Commissioner Marcoplos said taxes are generated to pay for other kids. Dr. Todd Wirt said that is true for any tax paying resident without children in the school system. Chair Dorosin said thanked Dr. Todd Wirt and OCS for their foresight. Chair Dorosin referred to the numbers at the top of chart, and said the OCS enrollment is declining, but the overall amount of school -aged children is increasing, but more children are going to charter schools. Dr. Todd Wirt said that is correct. Chair Dorosin said he heard a rumor that the General Assembly will bring in the special session, and potentially offer a resolution for the class size issue. Dr. Todd Wirt said there are varying reports out of Raleigh. He said there are various strategies being proposed: delay the mandated class size; provide additional funding stream to pay for specials (art, music, PE); etc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 10 Commissioner Jacobs asked if it will be necessary to consider how SAPFO works in this new environment. He said many projected students are not attending traditional public schools, and he asked if there is a way to address this issue of class size and predict the necessary number of classes, all the while not knowing if students will actually enroll. He said it is unclear to know whether or not to build classrooms. Dr. Todd Wirt said OCS is analyzing the building capacity of the two largest charter schools have, and how much capacity those schools have left. He said OCS has a working relationship with the Charter Schools. Commissioner Jacobs said maybe staff from the County, OCS, and CHCCS need to meet and have a reality check, as the federal tax changes will likely kick in next year. He said if people are encouraged to go to private or charter schools, it is difficult to know how to project numbers for the public schools. Commissioner McKee said he is glad to hear that there is communication with the charter schools. 5. Public Hearings 5. Public Hearings a. Class A Special Use Permit — Solar Array off US Highway 70 in Cheeks Township The Board held a public hearing, review, and make a determination on a Class A Special Use Permit (hereafter `SUP') application proposing the development of a solar array in accordance with Section 2.7 Special Use Permits and Section 5.9.6 (C) Solar Array - Public Utility of the Orange County Unified Development Ordinance (UDO). SCRIPT FOR ACTING ON CLASS A SPECIAL USE PERMIT SOLAR APPLICATION — FEBRUARY 6, 2018 PUBLIC HEARING: Chair Dorosin informed all present the next item on the agenda was 5(A) a quasi judicial public hearing to review a Class A Special Use Permit application seeking to develop a solar array /public utility station on a 52 acre parcel of property further identified utilizing PIN 9835 -02 -9137, which is accessed via an easement from 6519 U.S. Highway 70 West within the Cheeks Township. The purpose of this hearing will be to gather evidence to determine whether the ordinance's standards have been met. The Board must base its decision with respect to the approval or denial on the application solely on the competent, material and substantive evidence presented during the hearing. The Board must exclude from consideration both their personal and the public's opinions with respect to the disposition of this request. Chair Dorosin declared the public hearing open and asked all parties intending to offer testimony and /or evidence to come forward and be sworn by the Clerk. The Deputy Clerk administered the oath indicating that the testimony the individual is about to give is the truth, the whole, truth, and noting but the truth to their knowledge. Any individual offering testimony (i.e. staff, the applicant, members of the public, Planning Board, etc.) has to be sworn. 11 1 Three individuals were sworn in: Applicant Brian Quinlan, Michael Harvey, 2 Supervisor /Planner III Orange County Planning, and Patrick Mallett, Planner II Orange 3 County Planning 4 5 Chair Dorosin asked staff to review the abstract. 6 7 Patrick Mallett: Good evening, Commissioners. Pat Mallett with Current Planning. I've been 8 duly sworn. Before I go through the presentation, I am going to walk you 9 through the large stack of what you're dealing with. With a special use permit, 10 you tend to have a lot of paperwork. You should have at each of your places: a 11 hard copy of the PowerPoint presentation; a larger stack that is the abstract on 12 the front end, and all the ten attachments; 11 x17 version of the site plan; and 13 then the script that follows through the process for a special use permit. I'd like 14 to enter all of those items into the record including the abstract in your packets 15 with all referenced attachments. 16 17 Through consensus the Board entered all items associated with the application into the record 18 as requested by staff. 19 20 Patrick Mallett made the following PowerPoint presentation: 21 22 PUBLIC HEARING — 23 AGENDA ITEM: 5.a 24 CLASS A SPECIAL USE PERMIT 25 DEVELOPMENT OF A SOLAR ARRAY - PUBLIC UTILITY 26 Orange County Board of Commissioners 27 February 6, 2018 28 29 PROPERTY INFORMATION 30 • PIN(s): 9835 -02 -9137 (site); and 9835 -10 -3858 (access) 31 • Size: Approximately 52 acres (leased area +/ -27 acres) 32 • Zoning: R -1 (Rural Residential) 33 Overlay(s): Back Creek Protected Watershed/ Efland- Cheeks Highway 70 Overlay 34 District 35 Future Land Use Map Designation: 10 -Year Transition Area 36 Growth Management System Designation: Urban Designated 37 38 REQUEST: 39 Erection of panels on 27 acres of 52 acre parcel; 40 Typical array between 7 -9 ft. in height, between 2 -3 ft. of ground clearance; and 50 -75 41 ft. in length; 42 Arrays screened by existing vegetation (stream and floodplain buffers) and Type D Land 43 Use Buffer; 44 An 8' high chain link security fence around perimeter; 45 Gravel paths /drives around solar arrays to permit access; 46 Depending on the soil and topography, areas around the panels will be combination of 47 natural groundcover, grass, and /or paths; 12 2 REQUEST: 3 Vehicular access restricted by an entry gate and gravel drive and 30 -50 foot wide 4 easement (via PIN 9835 -10 -3858) to an existing driveway onto US Highway70. 5 • STAFF COMMENT - This request seeks to re- approve a Class A SUP originally 6 approved by the BOCC on September 12, 2016; 7 • Approval expired in September of 2017; 8 This request is the same as previously approved with one exception. The 9 language and condition of approval requiring a recorded Conservation Easement 10 has been changed to read preservation of Natural Buffer Area. 11 12 SURVEY OF PROPERTY 13 14 SITE PLAN: 15 the black rows at are the solar panels; and chain link fence; applicant is providing a 100 ft set 16 back; a lot of existing trees; average height is 40 -60 ft tall 17 18 REVIEW PROCESS: 19 STEP ONE — NEIGHBORHOOD INFORMATION MEETING (NIM): 20 STAFF COMMENT: The required NIM was held on November 13, 2017 from 6:30 -7:30 21 p.m. in accordance with the UDO. They had two residents that attended. 22 STEP TWO — PLANNING BOARD REVIEW: Review the request and make a recommendation 23 to the BOCC on the project's compliance with specific development standards (Section 5.9.6) 24 and the general standards (Section 5.3.2 Special Uses) of the UDO. 25 STAFF COMMENT: Item reviewed at the January 10, 2017 meeting. Planning Board 26 unanimously recommended approval. 27 STEP THREE — PUBLIC HEARING: The BOCC holds a public hearing to allow the applicant 28 and other interested parties to provide sworn testimony related to the proposal. 29 STAFF COMMENT: The required public hearing will be held at the February 6, 2018 30 BOCC Meeting. 31 STEP FOUR — DECISION: The BOCC will review the Planning Board and Staff 32 recommendations as well as any other evidence presented at the hearing, deliberate, certify the 33 record, close the public hearing, and then render a final decision. 34 35 RECOMMENDATION 36 The Administration recommends the Board: 37 1. Receive the application; 38 2. Conduct the Public Hearing and receive sworn testimony and evidence as well as the 39 Planning Board and staff recommendation(s) on the application; 40 3. Close the public hearing; 41 4. Review and make a decision on the Findings of Fact and Conditions of Approval as 42 contained in Attachment 9. 43 ** Once the public hearing is closed there can be no further questions asked /answered 44 by the staff, the applicant, or other party and no additional evidence can be placed into 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 13 the record. If additional information is needed, the BOCC should continue the public hearing to a date /time certain in order to hear the information in a quasi - judicial setting. Patrick Mallett: I'll briefly walk you through the packet. This is everything that's required for a special use permit, per our ordinance. On page 1 -4, you've got the abstract, with all the overview information. On page 5 -138, is their actual application. That's rather lengthy, but there are a lot of pieces that have to be submitted by the Applicant to support the findings of fact. Page 140 is the site assessment, that's Attachment 3. Attachment 4, page 141 -150 are the findings of fact. Those are the staff recommendations — all the applicable findings of fact are in the affirmative, both from the staff perspective and the Planning Board. Then we have Attachment number 6; the neighborhood information materials, documenting that neighborhood meeting. Attachment 7- page 215 - public hearing mailing certifications, which are required. Attachment number 8 is the expert of the Planning Board minutes. Attachment number 9 is the Board of Commissioners findings of fact. And Attachment number 10, on page 227, is the legal advertisement. I would draw your attention, obviously, to Attachment number 9, which is the item that, once the hearing is closed, you will go through each of those findings, and make your determinations. With that I'm free to answer any questions you may have. Questions from Board of County Commissioners Commissioner Price: In the hand out, you mention the chain link security fence, and then on this map, it says it has barbed wire (on top). So which is... Patrick Mallett: It would be chain link with barbed wire on the top around the whole thing (peremiter of the solar facility). Chair Dorosin: I just have one: Attachment 9 that says "BOCC Findings of Fact," that's from the last time, that's from the February one when we heard this the first time. Is that right? Patrick Mallett: That's an updated version of that. You had findings of fact that you originally considered when you originally approved this permit request. Chair Dorosin: These are the blank ones that we have to find tonight. Patrick Mallett: That's right. That's where you go through and reapprove each one of those findings of fact. And I would note that at the end of that is the conditions of approval. You would include those as part of your decision, and all of those — conditions 2 -11 — are the same as they were in September 2016. The one exception is the conservation easement language that was changed to replace it with the word natural buffer. Chair Dorosin: And that's number one of those 11. Patrick Mallett: Yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 14 Chair Dorosin: Great. Chair Dorosin asked the applicant to make their presentation on the application. Brian Quinlan: Brian Quinlan, and I have been duly sworn in. We have got a packet of information; a lot of it is similar to what you've already got from the County. There is a presentation in the back that I can go through. I didn't want to take too much time, since everyone has seen it, but it really just goes through three findings of fact: the project maintains /enhances public safety; the projects maintains /enhances adjoining property values; and the project is in harmony with the area, and in compliance with the County plan. It provides significant detail around why we feel that this is the case, and the County and the Planning Board have been in concurrence with that. If you want me to go through it I can. It's really up to you guys. Chair Dorosin: What is the will of the Board? Do we want to hear the presentation, or just see if we have any questions? I just want to know that we are saying that this is being submitted to be put in to the record, as part of the record of the hearing. The Oakwood Solar Farm binder will be part of the record. Are there any specific questions for the Applicant? There were no questions. Brian Quinlan submitted the Oakwood Solar Farm LLS SUP Binder Table of Contents into the record. Through consensus the Board entered Mr. Quinlan's document into the record as requested. Chair Dorosin asked if there are any other individuals intending to provide testimony and evidence on the project. There were none Chair Dorosin asked staff to review the recommending findings for the project (Attachment 4 beginning on page 141 of Item 5 -A of the February 6, 2018 BOCC meeting packet). Patrick Mallett: I think what I will do is go through these in groupings. Basically the findings of fact are grouped into basic categories. You have your basic findings of fact, which start on Attachment 9, on page 220. The items in the green document are that they have met the requirements of our ordinance, state law, etc. And then the items in orange are the legal advertisements required by our ordinance and state law. That's on page 221. The specific standards, which are required for this type of issuance of the SUP: waste disposal safety, vehicular access, on page 222. Then you have your standards of evaluation, which run through page 223. 1 believe that you can have a consideration and a motion to affirm those findings. And then on the last page, those are the ones with each special use permit, our recommendation that you will or will not approve or deny each one of those, and make those three separate recommendations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 15 Chair Dorosin: Great. We will note for the record that in the column that says "Planning Board/ staff recommendations" on all of these it's a yes, that they've been met. Patrick Mallett: It is, yes. And that's attachment number 4. Chair Dorosin asked if the Planning Board Vice -chair (Tony Blake) or other members of the Planning Board if the audience wanted to offer additional comment. They did not Chair Dorosin asked if there were any other questions for staff, the applicant, or other individual(s) who have offered testimony /evidence. There were none. John Roberts: If we could just get an affirmative statement from the Applicant that the Applicant has been presented with, and understands the conditions that are being recommended here. Brian Quinlan: We've seen the conditions attached to the permit, and we acknowledge them. A motion was made by Commissioner Price, seconded by Commissioner McKee to close the public hearing. VOTE: UNANIMOUS Chair Dorosin indicated the BOCC will first need to take action on the Special Use Permit findings of fact. The findings of fact have been organized per relevant UDO sections to aid in making motions to approve or deny. The cadence on taking action should be as follows A motion was made by Commissioner Burroughs, seconded by Commissioner Price to affirm the recommendation of the Planning Board and Staff concerning the application's compliance with the provisions of Section(s) 2.2 and 2.7.3 of the Orange County Unified Development Ordinance as detailed within Attachment 9 (page 220) of the abstract package. Second. Vote. VOTE: UNANIMOUS A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to affirm the recommendation of the Planning Board and Staff concerning the application's compliance with the provisions of Section 2.7.5 of the Orange County Unified Development Ordinance as detailed within Attachment 9 (page 221) of the abstract package VOTE: UNANIMOUS 16 1 A motion was made by Commissioner McKee, seconded by Commissioner Rich to affirm the 2 recommendation of the Planning Board and Staff concerning the application's compliance with 3 the provisions of Section 5.3.2 (B) of the Orange County Unified Development Ordinance as 4 detailed within Attachment 9 (page 222) of the abstract package. Second. Vote. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner McKee to affirm the recommendation of the Planning Board and Staff concerning the application's compliance with the provisions of 5.9.6 (C) of the Orange County Unified Development Ordinance as detailed within Attachment 9 (page 223) of the abstract package. VOTE: UNANIMOUS A motion was made by Commissioner Rich seconded by Commissioner Price that the applicant is in compliance with Section 5.3.2 (A) (2) inclusive (Sections 5.3.2 (A) (2) (a), (b), and (c)) of the Ordinance as detailed in Attachment 9 (page 224) and this is supported by the uncontroverted evidence presented in the public hearing. VOTE: UNANIMOUS Chair Dorosin indicated there needed to be a motion to either approve or deny the Special Use Permit A motion was made by Commissioner Price, seconded by Commissioner Burroughs to approve the Special Use Permit. John Roberts: You need to add to the motion to include language indicating the BOCC imposes the recommended conditions as detailed within Attachment 4 of the abstract package (pages 225 -226). Commissioner Price and Commissioner Burroughs agreed to this amended language. A motion was made by Commissioner Price, seconded by Commissioner Burroughs to approve the Special Use Permit and the Board of County Commissioners imposes recommended conditions as detailed within Attachment 4 of the abstract package (pages 225 -226). VOTE: UNANIMOUS 6. Regular Agenda a. Approval of Transfer of Rental Property from CASA to the Town of Chapel Hill for Continued Affordable Housing Use 17 1 The Board considered approving CASA's transfer of four (4) scattered site condos in 2 Chapel Hill to the Town of Chapel Hill for continued affordable housing use. The request is 3 being made based on CASA's current Agreement with the County and its requirement for 4 having the Board of County Commissioners' (BOCC) approval when transfers to entities other 5 than a non - profit occur. 6 Sherrill Hampton reviewed the background information below: 7 8 BACKGROUND: 9 In 2009, CASA assumed ownership of 20 units of scattered -site housing in Orange County 10 when a local non - profit dissolved. CASA collaborated with Orange County to ensure that the 11 units remained in use as affordable housing. CASA undertook extensive interior rehab work on 12 all the units. At the present time, CASA feels that individual condos are not a sustainable model 13 for affordable rentals. In the condo model, the owner does not control the costs of the HOA 14 dues and special assessments or the schedule of preventive maintenance and capital 15 replacements. 16 17 The current status of the 20 -unit portfolio is as follows: 18 • 1 unit, a single - family home in Hillsborough at 2308 Redbird Lane, was sold to 19 EmPowerment in 2017. As the transfer was to another non - profit, per CASA's current 20 Agreement with Orange County, the Board of County Commissioners did not need to 21 approve the transaction. 22 • 1additional scattered site condo was also transferred to EmPowerment in 2016. 23 • 3 scattered site condos in Carrboro are proposed to be sold in 2018. 24 • 4 additional scattered site condos in Chapel Hill are to be sold in 2018. EmPowerment is 25 considering the acquisition of these units. 26 • 4 scattered site condos in Chapel Hill are proposed for transfer to the Town of Chapel 27 Hill and are the subject of this Abstract. 28 • 7 units will continue to be held by CASA, including: 29 o 2 duplexes in Chapel Hill (4 units) 30 o 2 homes on one lot in Carrboro (3 units) 31 32 All properties that are being considered for disposition are small, aging and /or scattered site 33 and are not consistent with CASA's current business model. The proposed disposition allows 34 CASA to capture the value in the properties and reinvest in other rental properties that are more 35 cost - efficient to manage. The disposition also allows for other entities with the correct business 36 model and capacity to take ownership and maintain the units as affordable housing. 37 38 The proposed disposition of the four (4) scattered site condos to the Town of Chapel Hill is only 39 a transfer in ownership - no sale proceeds will be generated. If the proposed transfer is 40 approved, restrictions regarding "affordability" under the current Agreement will be assumed by 41 the new owner. The units are occupied and the Town intends to keep all current tenants in 42 place. However, when vacancies occur, the Town will utilize the units as transitional housing for 43 families preparing to move out of Public Housing as their economic situation improves. The 44 maximum allowable income for an individual or family occupying the units would be 50% of the 45 area median income (AMI). The Town of Chapel Hill will manage the units, perform annual 46 tenant certifications and conduct routine maintenance. 47 48 The Town had the units inspected by a licensed home inspection company. All units are in need 49 of some level of rehabilitation, ranging from light /moderate to substantial. The Chapel Hill Town 50 Council has adopted a resolution accepting the transfer of the four (4) units, and authorizing up 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 to $65,000 to be used toward renovation costs and the satisfaction of a private mortgage on the units, if the BOCC approves the transfer. Commissioner Price asked if there was any other rationale for the second part of the recommendation. Sherrill Hampton said this was before her time, and she said expediting these processes can assist these non - profits in pursuing properties. Commissioner Price asked Commissioner Jacobs if he remembered. Commissioner Jacobs said he assumed that it was just a tracking process. A motion was made by Commissioner McKee, seconded by Commissioner Price for the Board to approve CASA's request to transfer the four (4) scattered site condos to the Town of Chapel Hill. The Manager also recommends that the Board allow CASA to make future transfers of any remaining units to Orange County local jurisdictions without subsequent Board review and approval. Furthermore, the transfer of ownership must allow for continued affordable housing use or meet another identified community need. VOTE: UNANIMOUS b. Resolution Authorizing the Participation in the North Carolina Health Insurance Pool (NCHIP) The Board considered approving the Manager's recommendation to join the North Carolina Health Insurance Pool (NCHIP) effective July 1, 2018. NCHIP is a new health risk pool coordinated through Gallagher Benefit Services, which provides economies of scale and risk pooling to provide greater financial stability among participating North Carolina counties, cities, and towns, and authorize the Chair to sign. Brenda Bartholomew, Human Resources Director, said Wes Grigston and Gregg Aleman, Gallagher Benefit Services, will make the following PowerPoint presentation: North Carolina Health Insurance Pool (NCHIP) February 6, 2018 What is NCHIP? • Intergovernmental agreement • Allowed by the State, Regulated by the DOI. • Member Driven • Financial vehicle • Conservatively funded and reserved • Preserve plan design and vendor selection freedom • Managed by the State's preeminent public sector vendors • Fully- transparent • Stable, Budgetable, and Predictable Wes Grigston presented this portion of the PowerPoint: Making the unpredictable ... Predictable (graph) Gregg Aleman presented this portion of the PowerPoint: Banded Laver (chart) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 19 Individual member 5 -year history (chart) Financials for Orange County What's in it for Orange County • Ownership o Help drive the decisions of NCHIP. Become owner /partner of NCHIP. • More buying power • Enhanced PBM contracts. Enhanced stop -loss. Buying power on non - medical lines. • Orange will have access to deals of 5,000+ life groups as opposed to 1,000+ life stand- alone • Predictable budgets • Volatile claims over $40K become a fixed cost — the banded layer. • Annual spend determined before plan year • No reserves /internal service fund o $2 million in reserves goes back into General Fund. • No penalties to withdraw, only requires 1 year commitment • Retain your plan design • Your peers 5 -Year Projections — 7.5% (chart) Commissioner Burroughs referred to slide 10, where it says $2 million will go back into the general fund. She asked if this could be explained a bit further. Gregg Aleman said after the County runs out the United Health Care contract, there will be monies freed up to go in other areas. He said these funds were identified out of the County's Comprehensive Annual Financial Report (CAFR). Bonnie Hammersley said if these funds are available, they would only be so one time, and the BOCC would identify use for these one time funds. She said based on the CAFR, and what it actually is, staff would let the Board know what that is. Commissioner Price asked if Gallagher already has contracts. Gregg Aleman said they already have commitments from communities, and are working on more to come. He said Blue Cross /Blue Shield (BCBS) will be the medical provider to this cooperative for a minimum of three years. He said the goal is to eventually be able to get best in show on everything you do, with this pool being as large as some of the largest private sector employers in North Carolina. He said this leads to greater leverage in the marketplace, and better deals year after year. Commissioner Price asked if this is already in existence now. Gregg Aleman said it will start on July 1, 2018. Commissioner Price asked if the plan design would change. Gregg Aleman said the plan design would not change as it is written. Brenda Bartholomew said the County is with United Healthcare now, and changing is a big decision. She said a few years ago this decision arose, and the County remained with United Healthcare. She said staff has run a disruption report, and there will be very little disruption if the County moves to BCBS. She said the County would still have the ability to speak and advocate on anyone's behalf if there is a disruption in service. She said it is not just United Healthcare to BCBS, it is also taking the Envision Rx back to Prime Therapeutics, all under the umbrella of BCBS. She said the staff has stressed to Gallagher Services that the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 C BOCC is concerned about not disrupting access to care, and making sure benefit plans stay intact. She said Gallagher has provided assurance that the process will be smooth. Commissioner Rich referred to page 1 -2, where it says each local government member has representation on the board, and asked if this board and its process could be explained. Gregg Aleman said groups usually appoint a County Manager /HR /Financial Director, who review financials and vendors, to see what can be improved, etc. He said this will be an evolution, and his company is merely there to offer pros and cons, and will not have a vote; the decision lies in the hands of the communities. Wes Grigston said the group would meet on a quarterly basis. Commissioner Price asked Bonnie Hammersley if the BOCC voted in favor of this change, would it go into the budget in June. Bonnie Hammersley said as of July 1 st the County would become a member of the pool, and the next item this evening is the approval of their plans, which would also begin July 1. She said this change should be seamless to employees, but there is a disruption plan in place, and the County can terminate on an annual basis. A motion was made by Commissioner Marcoplos, seconded by Commissioner Rich for the Board to: 1) Approve Orange County to join the North Carolina Health Insurance Pool (NCHIP) effective July 1, 2018, allowing long -term stability and predictability in future health insurance budgets, greater buying power, continued ownership in plan design and the opportunity to capture savings through dividends. This will allow Orange County to demonstrate how, by working together, governments across North Carolina may collaborate to create a stable, predictable, and sustainable health program; 2) Approve and authorize the Chair to sign the Resolution for Participation in the North Carolina Health Insurance Pool (Attachment 1); and 3) Authorize the County Manager to sign the applicable bylaws /contract and subsequent vendor contracts when applicable following the County Attorney's review. RESOLUTION AUTHORIZING THE PARTICIPATION IN THE NORTH CAROLINA HEALTH INSURANCE POOL WHEREAS, North Carolina local governments, including any North Carolina county, city, or housing authority, may enter into contracts or agreements under Article 23 of Chapter 58 of the North Carolina General Statutes (the "Local Government Risk Pool Act ") to establish pools providing for life or accident and health insurance for their employees on a cooperative or contract basis with one another; WHEREAS, this local government anticipates the creation of the North Carolina Health Insurance Pool (NCHIP), a pool providing for accident and health insurance for employees of North Carolina local governments in accordance with the Local Government Risk Pool Act; and WHEREAS, this local government wishes to become a member of the NCHIP on certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE February 6, 2018 as follows: If the conditions described in Section 2 of this Resolution are satisfied, this local government, as of July 1, 2018, will become a Member of the North Carolina Health Insurance Pool (NCHIP), an intergovernmental cooperative to pool health insurance risks with other North Carolina local governments. 21 1 This local government will participate in NCHIP effective July 1, 2018, only if the 2 following conditions are satisfied no later than May 31, 2018: 3 (A) NCHIP is properly formed under the laws of the State of North Carolina and the 4 provisions of the Local Government Risk Pool Act and a board of trustees 5 meeting the requirements of N.C.G.S. § 58 -23 -10 is properly empaneled. 6 (B) The board of trustees of NCHIP adopts bylaws and /or a form of agreement or 7 contract that meets the requirements of N.C.G.S. § 58 -23 -15 and other 8 applicable provisions of the Local Government Risk Pool Act. 9 (C) The NCHIP risk pool includes commitments for participation on July 1, 2018, 10 from local governments that together will consist of no fewer than two thousand 11 five hundred (2,500) lives in the risk pool. 12 The terms and conditions of membership in NCHIP will be such terms and conditions as are 13 imposed by the board of trustees of NCHIP in the acceptance motion, and the contractual 14 obligations under the terms of the contract and by -laws of NCHIP as such document is adopted 15 by the board of trustees of NCHIP and as it may be amended in accordance with its terms. 16 If, on May 31, 2018, all of the conditions identified herein are satisfied, then, in 17 accordance with N.C.G.S. § 58- 23 -5(e), County Manager of this local government, or such 18 other officer, as shall be authorized, is directed to give notice (or cause notice to be given) to 19 the North Carolina Commissioner of Insurance no later than June 1, 2018, in a form prescribed 20 by the Commissioner that this local government intends to participate in NCHIP as of July 1, 21 2018. 22 If, on May 31, 2018, all of the conditions identified herein are satisfied, then, the County 23 Manager of this local government, or such other officer, as shall be authorized, is directed to 24 execute, after review and approval by the County Attorney or his designee, any documents 25 necessary to complete the membership of the local government in NCHIP. 26 This Resolution shall be in full force and effect upon its passage, approval and 27 publication in pamphlet form, if required by law. 28 PASSED this 6th day of February, 2018. 29 30 VOTE: UNANIMOUS 31 32 Commissioner Rich said this is the first time in 6 years that she has voted in favor of the 33 County's health care plan, as it is not associated with the American Legislative Exchange 34 Council (ALEC). 35 Commissioner McKee said to bring this item back in a year, in order to review the 36 financials. 37 38 c. Recommendations for Employee Health Insurance and Other Benefits 39 The Board considered approving the Manager's recommendations regarding employee 40 health and dental insurance and other employee benefits effective July 1, 2018 through June 41 30, 2019. The Manager is recommending no increase in premium equivalent for employees or 42 participating pre -65 retirees for FY2018/2019. All other health benefits, co -pays, co- insurance 43 and deductibles will remain the same. 44 Brenda Bartholomew reviewed the following information and PowerPoint presentation: 45 46 47 BACKGROUND: The County provides employees with a comprehensive benefits plan, 48 including health, dental and life insurance, an employee assistance program, flexible 49 compensation plan and paid leave for permanent employees. Additionally, the County 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 22 contributes to the Local Governmental Employee's Retirement System and a supplemental retirement plan. The County has been self- funded since January 1, 2014 for medical and pharmacy plans and continues to be self- insured for the dental plan. The County transitioned from a twelve- month calendar plan year to a twelve -month fiscal plan year in 2015 aligning with the County's fiscal year. In February 2015, the Board of County Commissioners approved Gallagher Benefit Services (GBS) as Broker of Record for the administration of the benefit programs, which include health, dental, vision, and other voluntary programs for employees and retirees. In FY2016/2017, the Board of County Commissioners approved the recommendation of the County Manager to continue with UnitedHealth Care (UHC) as the County's Third Party Administrator for health insurance programs and granted authority to the County Manager to renew the Third Party Administrator contract with UnitedHealth Care. UnitedHealth Care will also fund $25,000 for FY 2017/2018 for wellness programs. For FY2017/2018, the Board of County Commissioners approved "carving out" pharmacy coverage from UnitedHealth Care and contracted with Envision Rx as the County's Pharmacy Benefit Manager (PBM). This resulted in an expenditure reduction of $141,000 for FY2017/2018. The FY2017/2018 total adopted budget was increased by $524,433 or 5.05 percent for the County's health insurance appropriation. The FY2017/2018 total County budget for health insurance for employees and pre -65 retirees is approximately $11.6 million dollars. Health Insurance The total FY2018/2019 health insurance expenditure is projected to be approximately $13.3 million (including health savings account contributions) based on increases to current enrollment of 1,068 employees and pre -65 retirees. The County contribution is projected at $11.9 million assuming that no changes are made to the current employee contribution structure. This represents a 5.9 percent increase in the projected FY2018/2019 budget; or approximately $750,000 (County share). Dental and Vision Insurance Delta Dental is the County's Dental provider and Community Eye Care provides the County's vision plan. The County will continue to provide coverage with Delta Dental and Community Eye Care. In FY2018/2019 no increases in dental premiums for employees is recommended by the Manager. Vision premiums are paid 100 percent by employees and to date no increase has been proposed by Community Eye Care. The current fiscal year budget for dental coverage is $305,856. Based on current enrollment, the County share for the FY2017/2018 budget is projected year end at $420,952; representing a budget shortfall of $115,096. The County's expenditure for the FY2018/2019 dental budget is projected at $431,377. The additional funding is partly driven because of an increase in the enrollment for dental coverage. By accounting for the increased enrollment and the current budgetary shortfall for FY2017/2018, an increase of $125,521 is projected for the FY2018/2019 budget. FINANCIAL IMPACT: The proposed FY2018/2019 Health Insurance appropriation increase is $750,000, and the proposed FY2018/2019 Dental Insurance appropriation increase is $125,521. Brenda Bartholomew presented the PPT below: Recommendations for Employee Health Insurance and Other Benefits 23 1 Action Agenda Abstract 2 Item 6 -c 3 February 6, 2018 4 BOCC Meeting 5 6 Manager's Recommendations for the FY201812019 Budget 7 ❖ No increase in premium equivalent for medical coverage or increase in dental 8 premiums. 9 ❖ Increase County cost for medical coverage by $725,000. 10 ❖ Increase County cost for dental coverage by $125,521. 11 12 Re -Cap of Actions: 13 ❖ The County has been self- funded since January 1, 2014 for medical and pharmacy 14 plans and continues to be self- insured for the dental plan. 15 ❖ FY2016/2017 — 16 o BOCC approved UnitedHealth Care (UHC) to continue as the Third Party 17 Administrator (TPA) for the County's Medical Plan. The TPA renewal was 18 negotiated from $41.50 per employee per month to $29.50 per employee per 19 month. (Budget savings of $149,000) 20 o County participated in a stop -loss marketing comparison and moved the specific 21 stop -loss to a $150,000 deductible from $100,000 deductible and contracted with 22 Symetra (previously UHC). (Budget savings of $120,000) 23 o Dental plan benefits were enhanced by removing diagnostic and preventative 24 services from the annual maximum of $1,200 of covered services to promote 25 preventative oral health care. 26 ❖ FY2017/2018 — 27 o BOCC approved "carving out" pharmacy coverage from UnitedHealth Care and 28 contracted with Envision Rx as the County's Pharmacy Benefit Manager (PBM). 29 (Budget savings of $141,000) 30 ❖ BOCC approved no increase in premium equivalents for medical coverage or increases 31 in dental premiums for multiple budget years. 32 33 Request for Approval by BOCC 34 ✓ Approve increasing the funding for the FY2018/2019 Health Insurance appropriation 35 $750,000; and 36 ✓ Approve increasing the FY2018/2019 Dental Insurance appropriation $125,521; and 37 ✓ Approve maintaining current premium equivalent rates for health insurance and dental 38 coverage for employees and pre -65 retirees. 39 40 Commissioner Jacobs clarified that the deductibles will stay the same. 41 Brenda Bartholomew said yes, nothing changes. 42 Commissioner Jacobs asked if there is knowledge about the BC /BS provider coverage. 43 Brenda Bartholomew said BC /BS is similar to United Healthcare. She said there may 44 be a few unexpected disruptions, but staff will be proactive in resolving these. 45 Commissioner Jacobs asked if staff has had any conversations with like governments 46 about BC /BS's responsiveness to concerns or questions. 47 Brenda Bartholomew said BC /BS's customer service is rated well. She said she will be 48 on top of this process, and will report any problems to the BOCC. 49 Commissioner Jacobs asked if there would be benefit to having an internal clinic for 50 employees. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WE Brenda Bartholomew said she will send the BOCC the report from two years ago about putting in a clinic. She said Gallagher did a study on this, which she will also send out to the BOCC. Bonnie Hammersley said this amount is assumed in the FY18 -19 budget as part of the employee compensation plan. A motion was made by Commissioner Burroughs, seconded by Commissioner Rich for the Board to approve the Manager's recommendations regarding employee health and dental insurance and other employee benefits effective July 1, 2018 through June 30, 2019, which will require a $750,000 funding increase funding for the FY2018/19 Health Insurance appropriation, and a $125,521 funding increase the FY2018/19 Dental Insurance appropriation; and maintaining current premium equivalent rates for health insurance and dental coverage for employees and pre -65 retirees. VOTE: UNANIMOUS 7. Reports a. Connect 2045 Metropolitan Transportation Plan The Board received a presentation on the Connect 2045 Metropolitan Transportation Plan (MTP) for Durham - Chapel Hill - Carrboro Metropolitan Planning Organization (DCHC MPO) and Capital Area Metropolitan Planning Organization ( CAMPO) from Orange County Transportation Planning staff and provide any comments. BACKGROUND: DCHC MPO and CAMPO are concluding their two -year long planning process, the Connect 2045 Metropolitan Transportation Plan (MTP). DCHC MPO and CAMPO approved the transportation projects, financial plan and socioeconomic data for the Connect 2045 MTP at their December 13, 2017 meeting. DCHC MPO released the full 2045 MTP report for public comments at its January 10, 2018 meeting for a public comment period that will end on March 2, 2018. The DCHC MPO Board will adopt the Connect 2045 MTP and full report at its March 14, 2018 meeting, following CAMPO's adoption on February 21, 2018. The MTP helps guide transportation investments that address the growth expected in the Research Triangle region. The plan covers an area encompassing both DCHC MPO and CAMPO. It does not simply address current issues but anticipates the future growth of the Region. Both MPOs share a common vision in the Connect 2045 MTP: A seamless integration of transportation services that offer a range of travel choices to support economic development and are compatible with the character and development of our communities, sensitive to the environment, improve quality of life and are safe and accessible for all. There has been extensive public and local jurisdictional involvement in developing the plan, starting from CAMPO releasing the Goals and Objectives for public review in November 2015, followed by DCHC MPO three months later. The MTP has been presented to the Orange County Board of County Commissions and Orange Unified Transportation Board at various stages of the planning process including Alternatives Analysis and Preferred Option. As part of the MPO's Public Involvement Policy, this is the last opportunity for the public and local jurisdictions to provide comments on the Connect 2045 MTP. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 25 Key highlights of the plan include: • Single set of Performance Measures agreed upon by both MPOs and in accordance with Federal requirements under the Fixing America's Surface Transportation (FAST) Act. • Incorporation of all local jurisdiction plans within DCHC MPO and CAMPO. • Anticipates over $1.2 billion (in 2016 dollars) in bicycle and pedestrian investments in the region from 2018 to 2045. • Transit investments geared towards: increased frequency, expanding service, redesigning networks, new services, improved infrastructure, electric busses, and last mile connections. • Takes into account improvements to Freight, Transportation Demand Management (TDM), Rail, Air, and Transportation System Management (TSM) • Discusses autonomous vehicle through improvements in the regions Intelligent Transportation Systems (ITS). • Critical Planning Factors including Air Quality, Environmental Justice and Safety and Security. • See Attachment 2 for additional items of Regional Interest in the Connect 2045 MTP. The Connect 2045 MTP can be found at: http: / /www.dchcmpo.org /programs /transport /2045mtp and http: / /www.campo- nc.us/ transportation -plan/ draft - 2045 - metropolitan- transportation -plan Next Steps • February 21, 2018 — CAMPO adopts Connect 2045 MTP • March 14, 2018 — DCHC MPO adopts Connect 2045 MTP Nishith Trivedi, Transportation Planner, made the following PowerPoint presentation: Connect 2045 Metropolitan Transportation Plan For DCHC MPO and CAMPO Outline ❖ Regional Growth ❖ Shared Vision ❖ Coordinated Planning & Public Involvement ❖ Regional Coordination ❖ Project Highlights ❖ Financial Plan ❖ Critical Planning Factors Regional Growth - graph Regional Growth — graph Largest cross county pattern is 82,000 daily between Orange /Durham County and Wake County Shared Vision gel I A seamless integration of transportation services that offer a range of travel choices to support 2 economic development and are compatible with the character and development of our 3 communities, sensitive to the environment, improve quality of life and are safe and accessible 4 for all. 5 6 Coordinated Planning & Public Involvement - graph 7 8 Coordinated Planning & Public Involvement - graph 9 10 Regional Coordination 11 12 County Transit Plans - Durham County & Orange County Plan in 2017. The Capital 13 area MPO & Wake County approved in 2016. 14 • Alternatives — jointly defined, evaluated and selected the same land use alternative for 15 development into the final Plan. 16 • Joint Policy Board Meeting —joint MPO Policy Board meetings on November 30, 2016 17 and November 30, 2017 18 • Financial Plan — same financial methodologies and cost and revenue basis for all 19 aspects of the plan. 20 Triangle Regional Model (TRM) — same planning tool, version 6. 21 Goals, Objectives and Performance Measures — same set of Goals, Objectives and 22 Performance Measures to guide land use scenario 23 24 Protect Highlight 25 DCHC MPO - 26 $7.5 Billion Road, Bike & Ped 27 $4.7 Billion Transit 28 CAMPO - 29 30 $27.7 Billion Road, Bike & Ped 31 $6.7 Billion Transit 32 33 Includes transit investments geared towards: increased frequency, expanding service, 34 redesigning networks, new services, improved infrastructure, electric busses, and last - 35 mile connections. 36 Discusses autonomous vehicle through improvements in the regions Intelligent 37 Transportation Systems (ITS). 38 39 Financial Plan - graph 40 41 Critical Planning Factors 42 • Air Conformity — The region no longer has any conformity requirements but continues 43 monitoring emissions using the latest Environment Protection Agency's air quality 44 model, MOVES. 45 • Environmental Justice — Both MPOs identify Community of Concern (CofC) that meets 46 various thresholds in determining transportation investments impacts. 47 • Safety and Security - Both the MPOs are proactive in addressing safety and security of 48 our overall transportation processes. 49 27 1 Commissioner Marcoplos asked when the BOCC will next be able to make comment on 2 this item. 3 Nishith Trivedi said CAMPO will be adopting this plan on February 24th, and DCHC -MPO 4 on March 14th. He said the date for public comment for DCHC -MPO is March 2 nd 5 Commissioner Marcoplos asked if there will be opportunity for comment thereafter. 6 Nishith Trivedi said this process comes up every 5 years or so. 7 8 RECOMMENDATION(S): 9 The Manager recommends the Board: 10 1. Receive the presentation (Attachment 1); 11 2. Provide any final comments the Board may have on the Connect 2045 MTP. 12 13 b. Broadband Initiatives and Event Timeline 14 The Board received an update on the County's current broadband initiatives and 15 received a timeline of relevant events. 16 Jim Northrup, Chief Information Officer, reviewed the following information and 17 PowerPoint presentation: 18 19 BACKGROUND: 20 Since 2014, Orange County Information Technologies (IT) has been tasked with working 21 toward improving broadband technology for Orange County residents. Many of the tasks below 22 were accomplished through collaboration with residents, business partners, State and local 23 representatives, government agencies, and towns. 24 25 • The largest current initiative currently underway is the $500,000 Broadband Incentive 26 Request for Proposals (RFP) whereby the County is soliciting Internet Service Providers 27 (ISPs) for proposals on how to improve broadband in both unserved and underserved 28 areas in Orange County. This Request for Proposal was released in January of 2018. 29 The intention is to find a vendor that can improve broadband speed and services in the 30 rural areas of the county. 31 • A larger initiative in terms of dollars, but at this time only tangentially related to 32 broadband, is the County's Fiber Project Phase 1. Currently, the County is partnering 33 with the Town of Hillsborough in order to reduce costs for both parties. The County and 34 Town are currently in the process of vendor section after successfully releasing an RFP 35 in November of 2018. Phase 1 is currently funded in Fiscal Year 2017 -18, and Phases 2 36 & 3 are planned in upcoming fiscal years. Once complete, this project will connect 37 County buildings from Cedar Grove to Carrboro and have fiber running east -west along 38 the Highway 70 corridor connecting from the Efland Cheeks Community Center to points 39 close to the Durham County line. The excess dark fiber will be available to other 40 organizations and individuals outside of Orange County Government for both broadband 41 and economic development purposes. 42 • Orange County Chief Information Officer (CIO) Jim Northrup has attended and 43 presented at multiple community meetings. Most recently, Orange County IT presented 44 at the Schley Grange along with Internet Service Providers and State representatives, 45 including NC House Representative Graig Meyer. 46 • Orange County Information Technologies has been acting as a clearinghouse for all 47 resident broadband service issue concerns. Typically, the CIO responds to every 48 Orange County resident email and call personally and tries to facilitate solutions 49 between residents and ISPs while at the same time setting realistic expectations. Often 50 this is simply a matter of connecting residents with the right person in the ISP's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 N organization and, after making introductions, checking back in to ensure that all parties are communicating effectively. Broadband Timeline of Relevant Events • June 2017 — $500k for broadband incentives approved in County budget • Late 2016 — County works with Representative Craig Meyer to set meeting with CenturyLink. This meeting paved the way for CenturyLink to provide budgetary numbers for improving broadband in its service area and those numbers were used as a base number for the FY 2017 -18 $500,000 Broadband Incentive. • September - December 2016 — IT met with Federal Engineering and Emergency Services to discuss the positive impact proposed telecommunications towers may have on broadband services in rural Orange County. It was requested at that meeting that approximately 15' of vertical strata be reserved for placement of 3rd party wireless broadband equipment on any new towers to be constructed by Orange County. Discussions also included how both the County's telecommunication and fiber plans have synergies that may decrease long range costs and offer a more secure and reliable fiber connection to each proposed tower location. • July 2016 — Former Governor Pat McCrory released the NC broadband strategy report. No funding identified within this report for broadband improvements. • May 2016 — The County's public network buildout was completed in downtown Hillsborough and all County- occupied buildings. • March 2016 — WiFi -to -Go pilot began via collaboration by IT and the County Library. • March 2016 — The State assisted Orange County with identifying vertical assets - understanding the location and availability of county -wide vertical assets is important to businesses that want to bring wireless internet services into Orange County. • December 2015 — An ISP meeting on State /County collaboration occurred. • Late 2015 — The Orange Public + Education Network (OPEN) formed to foster collaboration and cost - sharing among Orange County and its municipalities. • August 2015 — The County's Broadband Survey closed. • June 2015 — The County's Broadband Survey was released. • Apr. 2015 — The Broadband Initiative resident group was formed. • November 2014 — The Manager directed County staff to make a concerted effort to engage residents in broadband discussions. • June 2014 — January 2016 — Orange County leveraged its relationship with Time Warner resulting in Time Warner extending its wireless hotspots network throughout downtown Hillsborough and into Fairview and Cedar Grove Parks. Prior to the County's contact, Time Warner reported it was only going to deliver hotspot services to Durham and Chapel Hill. This service allows any individual to connect wirelessly throughout downtown Hillsborough and the parks for free. • 2011 — North Carolina House Bill 129 barred governments from using public funds to become Internet Service Providers. • 2010 — The Federal Communications Commission (FCC) publishes its National Broadband Plan. • 2010 — MCNC awarded federal funds for middle -mile network in rural NC. • 2009 — The US Recovery and Reinvestment Act stimulus bill included a provision to make loans to states for the purpose of broadband. Broadband Initiatives & Event Timeline Item 7 -b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2009 Stimulus Act Starts the Ball Rolling • MCNC receives funds to improve their middle -mile network - 2010 • FCC publishes National Broadband Plan for every American to have "access to broadband capability." - 2010 • NC House Bill 129 bars local governments from providing broadband using public funds. -2011 Orange County Action • All public buildings have free WiFi Orange_Public_WiFi - 2013 • Time Warner installs free wireless in Hillsborough and points north - 2014 • Downtown • Cedar Grove Community Center • Fairview Park More Orange County Action • Manager directs staff to engage with the State and our residents to find broadband solutions - 2014 • Ad hoc Broadband Initiative Group formed - 2015 • Orange County Broadband Survey - 2015 • State solicits broadband providers to come to Orange County - 2016 Meanwhile.... Orange County solidified and expanded its relationships with neighboring jurisdictions and agencies • Hillsborough • Chapel Hill • Carrboro • Chapel Hill- Carrboro City Schools • Orange County Schools • UNC • UNC Hospital • Piedmont Electric • Orange Water and Sewer Authority (OWASA) • Duke 2016 Wi -Fi to go Orange County Plans • Federal Engineering communications tower planning to include space for broadband providers to attach • Fiber Plan • Cedar Grove to Carrboro • East West along Rt. 70 Current Initiatives • Maintaining all of the previous stuff just covered • Fiber Project with Hillsborough - 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 list. 30 • Broadband RFP / Grant - 2018 Commissioner Price asked about Durham Tech. Jim Northup said staff has not met with Durham Tech, but will add them to their meeting Commissioner Price said what about the students. Jim Northup said he would invite Durham Tech to their meetings. Commissioner Marcoplos asked if the cost of the Wi -Fi to go could be identified. Jim Northup said $35 /unit monthly for unlimited broadband, and it is available for any library patron. Commissioner Marcoplos asked if the County pays for the unit itself. Jim Northup said the County does not buy the unit; rather the unit comes with a $35 /monthly charge. He said the units fail fairly often, and replacement units are provided for free. Commissioner McKee thanked Jim Northrup for his work in, and outreach to, the community. Chair Dorosin said the request for proposals (RFP) was released in January, and asked if there is a timeline for getting responses back. Jim Northup said it went out for 30 days, and there is a timeline within the RFP. He said he hoped to turn this around within a few weeks, and then start the longer process of developing a contract with a vendor(s). c. Quarterly Update on the Orange County Transit Plan and the Durham - Orange Light Rail Project The Board received a quarterly update from GoTriangle on the status of the implementation of the Orange County Transit Plan and more specifically on the status of the Durham - Orange Light Rail Project. This quarterly update is prescribed by the Cost Share Agreement between Durham County, Orange County, and GoTriangle. BACKGROUND: On April 27, 2017, the Board of Orange County Commissioners adopted the Interlocal Cost Sharing Agreement for the Durham - Orange Light Rail Transit Project as well as the Orange County Transit Plan. These agreements allowed GoTriangle to provide updated financial information to the Federal Transit Administration (FTA) in support of GoTriangle's application to enter the engineering phase of the Durham - Orange Light Rail Project. On July 28, 2017, GoTriangle received approval from the FTA to enter the New Starts Engineering phase of the Capital Investment Grant Program. This project is now underway, and the engineering component of the project is expected to reach the fifty percent (50 %) completion milestone in February. The Cost Sharing Agreement requires GoTriangle to provide quarterly reports to the FTA, Durham County, Orange County, and the Durham - Chapel Hill - Carrboro Metropolitan Planning Organization (DCHC MPO). This quarterly report will update the Board on Transit Plan implementation activities, contracting agreements that are in place for the Durham - Orange Light Rail Transit Project, the status of funding sources for the light rail project, and the Transit Oriented Development (TOD) planning work that is currently underway. John Tallmadge, GoTriangle Regional Services Development Director, made the following PowerPoint presentation: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 31 GoTriangle Durham - Orange Light Rail Transit Project Quarterly Update February 2018 Status of the Transit Plans • GoTriangle Annual Report • Bus and Infrastructure Improvements • Short -range Transit Planning • Public Involvement • Durham - Orange Staff Working Group • New Administrator Mo Devlin Matthew Clark, GoTriangle Government Affairs Manager, presented this portion of the PowerPoint: Light Rail Overview and Update • Region is still on track for a federal investment of over $1.23 billion. • Budget for the capital cost of the project is still set upon entry into engineering at roughly $2.47 billion. • Light rail engineering approaches the 50% design milestone in February. Contracts and DBE Participation • General Engineering Consultant (HDR) • Program Management Consultant (HNTB) • Construction Management Consultant (Gannett Fleming /WSP joint venture) • DBE goals and workforce development • GEC contract valued at $81.3 million. 93% remains. • PMC contract valued at $28 million. 96% remains. • DBE participation goals set at 14% and 15 %. So far 24 DBE firms have participated. Fundinq and Contingency • The project remains eligible for roughly $1.238 billion in federal grant funds. • Durham County has committed $738.4 million or roughly 30% of the capital budget. • Orange County has committed $149.5 million or roughly 6% of the capital budget. • We are seeking $247 million from North Carolina and roughly $102.5 million from other sources. • At entry to Engineering, contingency was $531 million, which includes $168 million unallocated. • GoTriangle carefully manages financial risk through its FTA mandated Risk and Contingency Management Plan. Schedule and Design Progress • Critical paths are advancing design and initiating certain right of way acquisition activities (ROMF). • ROMF acquisition, annexation, and rezoning • 50% Design complete in March 2018. • Current schedule goal is execution of FFGA in September 2019. • GoTriangle is working with various stakeholder groups and local governments to receive feedback on 50% design. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 32 • GoTriangle is working with the FTA to determine if additional work is needed regarding proposed engineering updates. Transit - Oriented Development (TOD) • TOD is an opportunity to move planning and infrastructure in sustainable and equitable ways. • GoTriangle and Triangle J Council of Governments hosted opportunity summit on 2/6. • Work with consultants and stakeholders is underway to further analyze joint development opportunities. Public Involvement • GoTriangle hosted a very successful visioning workshop at the Hayti Heritage Center on 1/16. • Due to inclement weather, Chapel Hill workshop will be rescheduled with details to come. • GoTriangle public involvement team continues to track and respond to stakeholder inquiries in accordance with the Public Involvement Plan. Questions Commissioner Marcoplos referred to the funding and contingency page, and said there is $102.5 million from other sources, which is 4 %. Matthew Clark said it is 4% of the overall budget for the capital costs of the project. Commissioner Marcoplos said he thought it would be 1.5 %, which is what the outside agencies said. Matthew Clark said that does not just include private donations. He said he has pie chart that he will be handing out, but the best way to think about it is as a whole pie. He said if one takes 50% out of it, which is about $1.238 billion, there is $1.238 billion left. He said $738.4 million is the Durham County share, and $148.5 million is the Orange County share, and roughly $247 million is the State share, leaving $102.5 million to come from other sources. He said these other sources include what Commissioner Marcoplos mentioned, as well as other things, like joint development. Commissioner Marcoplos asked if there is a formal process for the 1.5 %, which was the community collaborative effort. Matthew Clark said there is now a non - profit organization, called GoTransit Partners, has been formed. He said he is not the best person to explain this to the Board, as this non- profit has a separate Board of Directors, and is separate from GoTriangle. He said GoTriangles's General Counsel would be the best person to speak to, and he is happy to connect the BOCC to her. Commissioner McKee referred to the acquisition of the maintenance facility, and asked if there is a timeline for this process. Matthew Clark said he would get back to the BOCC with correct information. He said property acquisition, especially in the case of eminent domain, is always difficult. He said GoTriangle wants to reserve the use of eminent domain as the last resort, and is working with the property owners to come up with a solution. He said he hopes all will be acquired, annexed, and rezoned in a timely fashion and get it before the Durham Planning Commission some time in the September 2018 time frame. Commissioner McKee said he is an employee of Summit Engineering, who is a subcontractor to this project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 33 Commissioner McKee said he is asking about the property acquisition is because it is now a possibility that the federal funding will be 20% instead of 50 %. He said that possibility should be in the back of their minds when discussing this acquisition. Matthew Clark said this property is in Durham County, and they will be moving forward on this, trying to avoid eminent domain. He said the property owners would be able to remain on the land until September 2019. Commissioner McKee asked if there is another vote on transit in 2018. Bonnie Hammersley said she did not know, and would check on that. Commissioner McKee asked if there is a formal contingency plan in place, should federal funding be less than the full 50 %. He said it was his understanding that federal funding, at anything less than 50 %, would make the project unviable. Matthew Clark said the project cannot be completed without a full funding grant agreement from the federal government. Commissioner McKee said he agrees, but has yet to hear of a fallback plan should this occur. He said he wants to know how monies would be spent should the federal funding be less than 50 %. Matthew Clark said the BOCC would have to come back together, speak with Durham County, and decide how to proceed. Commissioner McKee said GoTriangle is a major player, and would be the one to put a plan together, not the counties. He said he is apprehensive to buy the aforementioned property in 2018, if there is no guarantee of the 50% of federal funding. He said he does not know what would be done with the property is the project fails to proceed due to lack of federal funding. Commissioner Price said it is important to look at the development that already exists around the rail stations, to make sure that these residents can get to the stations. Matthew Clark agreed. Commissioner Marcoplos asked if the Fast Act could be clarified. Matthew Clark said it authorizes the Capital Investment Grants program (CIGP), which has strong bipartisan support in congress. He said this is the program from which the full funding grant would come. Commissioner Marcoplos clarified that the Fast Act authorizes this process, but not the funding amount. Matthew Clark said yes, but it also provides guidance on the levels of funding. He said there is strong bipartisan support to fund the CIGP at current, or above current, levels. 8. Consent Agenda • Removal of Any Items from Consent Agenda 8a by Minutes by Commissioner Marcoplos 8 -f- by Commissioner Price 8 -g by John Roberts • Approval of Remaining Consent Agenda A motion was made by Commissioner Price, seconded by Commissioner McKee to approve the remaining items on the Consent Agenda. VOTE: UNANIMOUS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 34 • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board will consider correcting and /or approving the minutes from January 23, 2018 as submitted by the Clerk to the Board. Commissioner Marcoplos said that he would like to amend the minutes of January 23, 2018 on the section on Settler's Point, in reference to the conversation surrounding solar panels. He said he would like the wording to state that the business owner would not just meet with a solar company to understand the benefits of solar power, but rather to understand the benefits of solar power to the owner's particular business. He said it is important that this does not just drift away. Donna Baker asked if Commissioner Marcoplos would send her the exact wording that he would like. Commissioner Marcoplos said that he would. Donna Baker asked if the BOCC would approve the minutes as amended, and Commissioner Marcoplos could follow up with his desired wording. A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to approve the proposed amended minutes for January 23, 2018. VOTE: UNANIMOUS f. Resolution Regarding K -3 Class Size Reduction Implementation The Board will consider adopting a Resolution Regarding K -3 Class Size Reduction Implementation, and authorize the Chair to sign. Commissioner Price said this resolution is based on what was received from the two school boards, but when she attended the North Carolina Association of County Commissioners ( NCACC) public education steering committee, the general consensus was to ask for full repeal of HB 13, because they want to look at other factors, such as does class reduction by 2 or 3 really make a difference. She said it was determined that a delay would not really change anything, and a full repeal is preferable. Commissioner Price said she would feel awkward amending the resolution without the approval of the two school boards, but she wanted to bring the NCACC feedback to the BOCC. She said members of the North Carolina School Board Association were also present. She said it may be the pleasure of the Board to amend the resolution. Commissioner Burroughs said she cannot imagine the school boards objecting to this change. Commissioner Price said Chair Rani Dasi sent an email indicating she thought a full repeal was a good idea, but there was no more formal discussion. Chair Dorosin said the two options are: "therefore we respectfully request that they full fund the classes, slow down the implementation through a multi year phase...." or "repeal HB13 in its entirety." Commissioner Price said she would support amending it to repeal HB 13 in its entirety. A motion was made by Commissioner Price, seconded by Commissioner Jacobs to change amend the Resolution Regarding K -3 Class Size Reduction Implementation to request the full repeal of HB 13. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 35 VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner Rich to adopt the amended Resolution Regarding K -3 Class Size Reduction Implementation, and authorize the Chair to sign. VOTE: UNANIMOUS g. Declaration of Public Nuisance The Board will consider approving a resolution declaring prescription opioids a public health nuisance in Orange County, and authorize the Chair to sign John Roberts said the Board has a revised abstract and resolution for this item and for the motion to state, if the Board chooses, to approve the amended information A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to approve the amended resolution declaring prescription opioids a public health nuisance in Orange County, and authorize the Chair to sign. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from January 23, 2018 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases /Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for eight taxpayers with a total of nine bills that will result in a reduction of revenue, in accordance to NCGS. C. Property Tax Releases /Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for one taxpayer with a total of one bill that will result in a reduction of revenue, in accordance with North Carolina General Statute 105 -381. d. Applications for Property Tax Exemption /Exclusion The Board considered four untimely applications for exemption /exclusion from ad valorem taxation for four bills for the 2017 tax year. e. Advertisement of Tax Liens on Real Property The Board received a report on the amount of unpaid taxes for the current year that are liens on real property as required by North Carolina General Statute (NCGS) 105 -369 and considered a request for March 21, 2018 as the date set by the Board for the tax lien advertisement, and authorized the Chair to sign the order. f. Resolution Regarding K -3 Class Size Reduction Implementation The Board adopted an amended Resolution Regarding K -3 Class Size Reduction Implementation, and authorized the Chair to sign. g. Declaration of Public Nuisance The Board approved an amended resolution, which is incorporated by reference, declaring prescription opioids a public health nuisance in Orange County, and authorized the Chair to sign. 9. County Manager's Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 36 Bonnie Hammersley said the Board will have a work session on February 15I", where the Board will discuss boards and committees. She said the Commissioners will choose their boards that evening. She said there is a budget agenda item regarding liaisons to report to the full board and parks timetable and funding. She said this meeting will occur at the Southern Human Services Center. 10. County Attorney's Report John Roberts said, today, the Supreme Court partially allowed the special masters maps to go forward, and partially granted a stay for the legislative Republicans who had asked for that stay. He said one can see the actual map that is going to go forward, if one searches for it on Google. Chair Dorosin asked if there will be a new map for this year. John Roberts said yes, for 2018 elections. He said, for now, some of it will be what the Republicans in the legislature want, and some of it will be drawn as the special master drew those maps. 11. *Appointments a. Go Triangle Transit Community Advisory Committee — Recommendations The Board considered making four (4) recommendations for appointment to the GoTriangle Transit Citizen Advisory Committee and to select one (1) liaison from the 7 BOCC members. * ** *Lavender sheet - applicants for Go Triangle Citizens Advisory Committee — 4 nominations Your first choice = 4 pts, 2nd choice -3 pts, 3'd choice — 2 pts and 4th choice 1 pt- staff will tally. The GoTriangle Board of Trustees will appoint 30 people to the committee, with fourteen (14) from Wake County, nine (9) from Durham County and seven (7) from Orange County. The Orange County Board of Commissioners will recommend four (4) applicants to Go Triangle and Go Triangle will select the three (3) additional members for a total of seven (7). The BOCC will select one (1) liaison to represent Orange County. The committee will meet six times a year. Members will be allowed to serve two two -year terms. The Board agreed by consensus (highest two voting totals) to appoint the following two applicants to the Go Triangle Transit Community Advisory Committee: • Recommendation for appointment to a full term (Position #1- John Rees) "At -Large Orange County Resident' for (To Be Determined) expiring (To Be Determined). • Recommendation for appointment to a full term (Position #2- Tom Farmer) "At -Large Orange County Resident' for (To Be Determined) expiring (To Be Determined). A motion was made by Commissioner Price, seconded by Commissioner McKee to appoint the following to the Go Triangle Citizens Advisory Committee: • Recommendation for appointment to a full term (Position #3- Jayse Sessi) "At -Large Orange County Resident' for (To Be Determined) expiring (To Be Determined). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 37 VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner McKee to appoint the following to the Go Triangle Citizens Advisory Committee: • Recommendation for appointment to a full term (Position #4- Heather Brutz "At -Large Orange County Resident" for (To Be Determined) expiring (To Be Determined). VOTE: Ayes, 4 (Commissioner Price, Commissioner McKee, Commissioner Marcoplos, Commissioner Rich); Nays, 3 (Chair Dorosin, Commissioner Burroughs, Commissioner Jacobs) VOTE: UNANIMOUS The Board voted to strongly recommend the following applicants (in order of priority) to Go Triangle for their consideration for the remaining three seats from Orange County to this Committee: Molly DeMarco Jason Baker Alison Stuebe Commissioner Price volunteered to be the BOCC liaison to the Committee. The Board agreed by consensus. Donna Baker asked Commissioner Jacobs if GoTriangle had recommended a staff person to be the staff support for this committee yet, outside of the Attorney. Commissioner Jacobs said not that he is aware of. b. Adult Care Home Community Advisory Committee — Appointment The Board considered making an appointment to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to appoint the following to the Adult Care Home Community Advisory Committee: • Appointment to partial term (Position #5) "At- Large" position for Michael Zuber expiring 10/31/2019. VOTE: UNANIMOUS c. Agricultural Preservation Board —Appointment The Board considered making an appointment to the Agricultural Preservation Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to appoint the following to the Agricultural Preservation Board: • Appointment to a first full term (Position #7) "White Cross Volunteer Ag. Dist." representative for Portia McKnight expiring 09/30/2020. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Wo VOTE: UNANIMOUS d. Arts Commission — Appointment The Board considered making an appointment to the Arts Commission. A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint the following to the Arts Commission: • Appointment to a partial term (position #13) "At- Large" for Frederick Joiner expiring 03/31/2018. VOTE: UNANIMOUS e. Commission for the Environment — Appointment The Board considered making an appointment to the Commission for the Environment. Chair Dorosin said there is a seat that has been vacant since May 2017, and the Commission has repeatedly asked the Board not to fill this vacancy. He proposed that this be the last time that the Board honors that request. The Board agreed by consensus. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to appoint the following to the Commission for the Environment: • Appointment to a first full term (position #1) "At- Large" for Jody Eimers expiring 12/31/2020. • Appointment to a first full term (position #10) "At- Large" for Laura Doherty expiring 12/31/2020. VOTE: UNANIMOUS f. Human Relations Commission — Appointment The Board considered making an appointment to the Human Relations Commission. A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to appoint the following to the Human Relations Commission: • Appointment to a partial term (position #2) "At- Large" for Rebecca High expiring 06/30/2018. • Appointment to a partial term (position #3) At Large for Alicia Reid expiring 9/30/2018. • Appointment to partial term (position #13) Town of Hillsborough for Allison Mahaley expiring 6/30/2020 (is being appointed without a resolution from Town of Hillsborough because they have not submitted anything over the past 8 months). Commissioner Price asked if the Board should be filling the position. Commissioner Jacobs said it has been open for eight months, and the BOCC decided previously to only wait so long to fill positions, and the applicant lives in Hillsborough. Commissioner Price asked if the Town of Hillsborough was supposed to put someone forward. Donna Baker said the Town has failed to do so, despite repeated requests. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 Chair Dorosin said there is a second Hillsborough position, which the Board is not filling. VOTE: UNANIMOUS Commissioner Jacobs said Hillsborough has two positions to appoint; Carrboro has two positions to appoint; and Chapel Hill has one position to appoint. He said this was apparently a data entry mistake, which has been corrected. Commissioner Price referred to item 11 -a, the Go Triangle Transit Community Advisory Committee, and said their bylaws state that each member would be responsible for their own expenses. She said if the Board desires people to serve that typically use public transportation or rides a bus, then some reimbursement should be provided. 12. Information Items • January 23, 2018 BOCC Meeting Follow -up Actions List • Tax Collector's Report — Numerical Analysis • Tax Assessor's Report — Releases /Refunds under $100 • Memorandum — NC -54 West Corridor Study • Memorandum — County Government Academy Update • BOCC Chair Letter Regarding Petitions from January 23, 2018 Regular Meeting 13. Closed Session NONE 14. Adjournment A motion was made by Commissioner Jacobs, seconded by adjourn the meeting at 10:40 p.m. VOTE: UNANIMOUS Donna Baker Clerk to the Board Mark Dorosin, Chair 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Attachment 2 DRAFT MINUTES BOARD OF COMMISSIONERS WORK SESSION February 15, 2018 7:00 p.m. The Orange County Board of Commissioners met for a work session on Thursday, February 15, 2018 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Mark Marcoplos, Earl McKee, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: None 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. Park Construction and Funding Update BACKGROUND: At the December 12, 2017 BOCC meeting, the Board suggested that an update of park construction projects and funding sources be planned for the February work session. As shown on the attached table and map, the adopted Capital Investment Plan (CIP) — consistent with the County's adopted 2030 Parks and Recreation Master Plan — includes a number of park projects. These include completion of several existing or partially -built facilities, as well as plans for parks with sites land- banked through the Lands Legacy Program, and a few facilities for which land has not yet been acquired. In general, Orange County parks and public open spaces fall into the following categories, which are elaborated on in the 2030 Master Plan: 36 • Regional Parks (such as Little River and Blackwood Farm) 37 • District Parks (such as Twin Creeks /Moniese Nomp) 38 • Community Parks (such as Fairview Park and Cedar Grove Park) 39 • Linear Parks (Trails — such as the portion of the Mountains to Sea Trail) 40 • Nature Preserves / Nature Parks (such as Hollow Rock and Seven Mile Creek) 41 42 There are a total of 13 projects listed in the CIP and shown on the attached table. The cost 43 estimates shown are total projected cost, and do not include potential grants or partner funding 44 amounts, which may significantly reduce the cost of the projects. It is also worth noting that 45 many parks may be completed in phases. Twin Creeks Park, for example, was broken into 46 three phases last year (Phase 1 is completed), while other large district parks like Northeast 47 and Bingham have not yet progressed to that level of discussion. There is also the potential to 48 scale back the scope of facilities and amenities planned. The cost estimates shown are based 49 on estimates prepared to date for a comparable park of the size and type, or by actual cost 50 estimates created for the park in question. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2 In some cases, land for an identified park need has been acquired using previously- approved general obligation bond funds. This "land- banking" program was a conscious and deliberate component of the Lands Legacy Program (created in 2000) to identify, evaluate, secure and protect good park sites while they still existed, in the aggressive real estate boom years before 2007. Acquisition of future park sites is but one of five areas of activity for the Lands Legacy Program. There are two projects where land acquisition is still needed — Bingham District Park and the Mountains to Sea Trail (MST). Funding for land acquisition is included within the Lands Legacy Fund or in the park project account, and work is underway to secure these lands at present. Looking at the timing of planned park construction projects, two significant projects are currently slated for funding in the upcoming FY 2018 -19 (pending further Board discussion of the CIP later this spring). Construction of many of the planned facilities at Blackwood Farm Park is scheduled for next fiscal year, upon completion of infrastructure improvements needed. This infrastructure work (parking, turn lanes, entrance road) has been delayed pending the decision of the location for the Parks Operations Base, which was originally slated for this site. The Board will see an updated master plan in March as a prelude to the hiring of engineering and design consultants later this spring. The second phase of Cedar Grove Park is also scheduled for construction beginning in FY 2018 -19. This would involve new baseball /softball fields, tennis courts, parking and other amenities. An update to this master plan will also be forthcoming to address a possible change in the type of ballfields planned, to help replace several small fields in Hillsborough that will be lost to development in 2020. On a smaller scale, funds are also proposed next fiscal year for Little River Park (to address the Laws House near the park entrance) and a waystation /traiIhead for the MST at Seven Mile Creek Nature Park. Funding Sources Historically, funding for County parks has come from: • General obligation bonds approved by voters in 1997 and 2001; • State grants from sources such as the Parks and Recreation Trust Fund and the Regional Trails Program and federal grants from the Land and Water Conservation Fund; • Funding from partner entities, including Durham County and the Town of Chapel Hill; • Payment -in -Lieu funds collected and used by district for park projects; and • Other general fund appropriations made by the Board These sources are expected to continue to be an important part of funding for parks, especially for the MST (which may also include the bond funds available from the State). David Stancil, Department of Environment, Agriculture, Parks and Recreation Director, made the following PowerPoint presentation: 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Parks Construction and Funding Update February 15, 2018 Types of Parks /Public Open Spaces • Regional Parks (Little River, Blackwood Farm) • District Parks (Twin Creeks /Moniese Nomp) • Community Parks (Cedar Grove, Fairview) • Linear Parks /Trails (MST) • Nature Preserve / Nature Parks (Hollow Rock) Existing Park System • Six Parks • One Soccer Center • One Nature Park (Hollow Rock) • One Greenway (Twin Creeks) • Seven Mile Nature Park underway CIP Park Project Locations (map) Parks & Recreation Master Plan • Through 2030, plan adopted in 2014 • Nine Parks across the County • 1 -2 Soccer Centers • Three Nature Parks within Preserves • Two Linear Parks (part of MST, Jones Creek Greenway) CIP Projects — Important Notes • Costs shown do not include rg ants, partner and other funds (can be as much as 50 %) • Projects may be broken into hp ases and built over time • Most park sites acquired through Lands Legacy 2001 -2008 ( "land- banked ") • Subject to annual review / revision Commissioner McKee arrived at 7:12 p.m. Planned Protects for 2018 -19 • Blackwood Farm Park — complete infrastructure work (underway), build Phase 2 • Cedar Grove Park — construct Phase 2 (includes ballfields that could replace fields lost in 2020) • Small Projects • Little River Park: Address the Laws House • MST: Trailhead at Seven Mile Creek Example: Park Construction $ (graph) FAIRVIEW PARK (2010 -11) Park Visitation Numbers — 2017 (graph) Commissioner Price said Little River and Hollow Rock parks are shared with Durham County, and asked if these numbers are just from the Orange County entrance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 M David Stancil said the only entrance into Hollow Rock is in the Orange County side. He said there are vehicles that park on Pickett Road, or enter from the subdivisions on the Durham County side, but the only parking lot is in Orange County. He said Little River Park also only has one entrance, which is in the Orange County side. He said it is not clear whether visitors are Durham or Orange County residents, but staff has done some surveying of visitors in the past, and he can get this information to the Board of County Commissioners (BOCC). Commissioner Rich asked if the totals take into account the number of people inside the cars, or if it is one car equals one visitor. David Stancil said the totals reflect vehicles entering the parks, not the actual number of people. He said staff may look into other methods to capture this data in the future. Historical Funding Sources • Voter- approved Bonds (1997, 2001) • State and Federal Grants • Partner Entities (Durham Co, Chapel Hill) • Payment -in -Lieu Funds (by district) • Other Appropriations Commissioner Price asked if Hillsborough helps with Fairview Park, and if Carrboro helps with any parks. David Stancil said Hillsborough pays the water bill, and opens and closes the gates at Fairview Park. He said Carrboro has not helped with any projects, but the County has helped with some of Carrboro's projects. Commissioner Jacobs said Raleigh should fit in here somewhere. David Stancil said yes, Raleigh is more involved on the conservation side, and nature preserves and the like. He said the City of Raleigh's clean water initiative has been a good funding source for a lot of conservation projects. The Benefits of Parks & Open Space • Public /personal health and well -being • Community gathering places / events Historically under - served communities Safe settings for youth and adults for recreation and nature enjoyment Protecting natural resources Next 4 slides — pictures and maps Commissioner Price referred to Twin Creeks, and said the proper name for it is Moniese Nomp, and if the County truly wants to honor the people that originally lived here, the proper name should be used. She also said the website inaccurately refers to Tupolo Saponi, instead of Tutelo Saponi. David Stancil said this property has an archeological site on it, which shows historical use by the Saponi Indians. Commissioner Price said a rhyolite section was found, but deemed insignificant. Commissioner Marcoplos asked if a brief history of Twin Creeks could be provided. David Stancil said it was purchased in 2001, using some of the 1997 bond monies. He said it was also one of the park projects in the 2001 parks bond, but at amount that was not sufficient to actually build anything. He said the County took some of those funds and used them build soccer fields elsewhere. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 David Stancil said one of the challenges of the 2001 bond was that the County split up the money so much that it was hard for them to do meaningful projects. He said funding remains in the Twin Creeks account to help build the entry road into the park, and Carrboro has sent emails recently asking about the status of the park. He said the % mile greenway from Morris Grove School into Lake Hogan Farms has been built, which has been treated as phase one of the park. Commissioner Jacobs said Carrboro approached the County about putting a gym there, and Orange County was willing to share the cost, but Carrboro declined. He said something that increases the costs, is that Carrboro has required a road with sidewalks and bike lines on the eastern side of the park, going from the bottom to the top. He said this issue remains unresolved. Commissioner Jacobs said Orange County wanted a park on this site, and Carrboro wanted it for economic development. He said this was an uncomfortable topic for several years, and some of the older elected Carrboro officials felt that Orange County had stolen an opportunity from the Town. He said most, if not all, of these officials are no longer serving, so maybe this could be an opportunity for collaboration once again. Commissioner Marcoplos asked if this has been contentious in recent years. David Stancil said the last discussion was in 2007 or 2008, and the conversation has been stalled since the greenway was put in. He said the Town was going to do a study of storm water and transportation in the area, but that never came to fruition. Commissioner Jacobs said even the greenway was a hard fought win. Commissioner Rich said she reviewed the master plan for Twin Creeks with David Stancil, and she and Commissioner Marcoplos walked the land with David Stancil. She said it is worthwhile to have those conversations with Carrboro again. She said the County is responsible for the entryway, and the road that Carrboro has requested is cost prohibitive, because it needs to cross over the creek twice, and the bridge requirements are very expensive. David Stancil said the road of which they speak is the one that goes into Morris Grove Elementary School, and dead ends. Commissioner Rich said it may be worth re- engaging Carrboro in discussions, as this location is a sweet spot for affordable housing. Commissioner Price said there was a working group that met years ago, and there should be a report from this group. David Stancil said yes. Commissioner Marcoplos said the workgroup could be revived, and many people in Hogan Farms have asked him when this park will be developed. He said if Carrboro is holding this up, and if people realize this is a joint project, then the public could go to Carrboro and inquire of the status. David Stancil said he thinks Carrboro staff may be a different place now than it was 10 years ago. Commissioner Jacobs referred to the master plan, and said next to Morris Grove there are two sites: a school site, and an education facility; the latter of which refers to a possible two school system pre -K facility that could be built on this site. He said this property is right at the line between Orange County Schools (OCS) and Chapel Hill - Carrboro City Schools (CHCCS). Commissioner Burroughs said she hates to be a "Debby downer," and while the long - range plan is lovely, she is not sure if the County can afford it for a while. She said everything should be pushed back two years, with the exception of the Mountains to Sea Trail (MST), due to the momentum behind that project. She said the house at Little River Regional Park is a small enough project to continue, but Blackwood Farm Park and Cedar Grove Park should be delayed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 I Commissioner McKee asked if the total on these parks is about $40 million, less a bit if one removes the cost share for Millhouse Road Park with the Town of Chapel Hill. David Stancil said about $35 to $36 million total cost, over a ten -year period. He said this amount does not account for any grant funding. Commissioner McKee asked if the anticipated amount of grant funding is known. David Stancil said with Fairview Park, the County was able to leverage 40% of the funding from grants. He said grant sources have maxed out recently, so requests need to be spaced out. He said breaking projects into phases, is helpful. Commissioner McKee said there is $540,000 in payment in lieu (PIL) funds, and asked if the amount of PIL funds generated yearly could be identified. David Stancil said prior to the 2008 a larger amount of PIL funds were generated. He said the PIL formula is from 1987, and staff is looking to update but now. He said the current amount is $422 /lot, which does not generate many funds. Commissioner McKee said PIL is basically negligible going forward. David Stancil said once the $540,000 is spent, it will take considerable time to accumulate significant funds. Commissioner McKee agreed with Commissioner Burroughs, and he said it would be better to finish existing parks, and delay starting new ones. He said he has a problem with letting parkland "sit ", but he is nervous about the County's $7 million deficit this year, as well as future expenses. He asked if the County can fund $30 million for parks, where will the County find the remaining funds, other than from the taxpayer. David Stancil said historically funds have come from a bond referendum. Commissioner McKee said the demand for school facilities is going to override everything else. He said this recent school bond is only the beginning. He said the County must be cautious in how it proceeds, and beware of the promises it makes. Commissioner Rich said she agrees and disagrees. She said things like the soccer.com fields are good, and are an economic development opportunity. She said not all parks are equal, and when looking at these projects, it is important to be mindful of what some parks bring in to the County in terms of economic development. Chair Dorosin asked if article 46 sales tax can be used on soccer.com. David Stancil said the Visitor's Bureau has numbers regarding the economic benefit of the soccer.com facility. Commissioner Jacobs said soccer.com is located where it is, in order to generate economic development. Commissioner Jacobs it may be wise to prioritize these projects. He said if Bingham Park is removed, one quarter of the necessary funding is removed. He said Bingham Park could be put in over the next ten years. He said the MST will serve Bingham. Commissioner Jacobs asked if the parks base fits into this planning process. David Stancil said it is currently listed as part of Blackwood Farm Park, in the third phase. He said it is unlikely that Blackwood Farm would be the location for it, but that is where it is in the current adopted capital investment plan (CIP). Commissioner Jacobs said if the base is being moved to another site, nearer to Hillsborough, it would be possible to sell the Revere Road property, and use the funds to pay for what is being built at the Baird - Ruston complex. He said the funds could be ear marked for a certain percentage for each of the projects that go there, or put it all on one project. He said this may help defray some of the cost. Commissioner Jacobs said he will always be in favor of parks being a part of proposed bond referendums. He said the bulk of funds should go to the schools, and hopefully the state will provide more funding toward the efforts of renovating 60 -year old buildings. He said in 2001, there was a balance between different uses in the bonds. He said he understands why 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 7 the recent bond focused on schools, but it will be an important discussion as to whether this should continue moving forward. Commissioner Price referred to the Blackwood Farm Park, and asked how much of the $1.7 million will pay for the road. David Stancil said none of the $1.7 million is for the road, and there is a prior appropriation of $1 million for the road. He said the $1.7 million is for other amenities. Chair Dorosin said the idea of prioritizing is a good one, and cost should not necessarily be the primary driver in the prioritization. Chair Dorosin referred to Cedar Grove Park, and said new ball fields will increase the usage. He said when parks have limited accessibility; they can almost become elitist, which is unfortunate. Chair Dorosin said part of the challenge of spending money on schools, instead of parks or other things, is that most residents do not know what is happening at a lot of the parks. He said the land has been purchased, and the commitment to the community should be honored, so that the land can be used. Chair Dorosin referred to the CIP chart in the Board's packet, and said there are 6 parks, one soccer center, one nature -park, one greenway, and a 7 -mile nature park underway. He asked David Stancil if he could provide a status report on each of these items, as towards completion, and fully realizing their potential. David Stancil reviewed the following: • Cedar Grove Park is in its 2nd phase. Getting ball fields and possible tennis courts completed. When these items are completed, this park is fully done. • Little River Park is essentially completed. Some repaving and renovations are needed. • Efland Cheeks Park is also essentially completed, with no opportunity to build further due to impervious surface limits. • Fairview Park has opportunity for more, once the landfill is mitigated. There is a 25 -acre section to the north for another phase. • River Park cannot be expanded at this point, but there is opportunity to make some improvements. • Blackwood Farm Park has the most on the immediate horizon, and is in high demand from the public. • Soccer.com center needs major expansion, as well as a decision regarding natural grass versus turf. • Twin Creeks has nothing happening right now. • Hollow Rock needs minimal improvements. • Others sites are awaiting first activity. Commissioner Marcoplos said he recently attended some food scarcity meetings, sponsored by Department of Social Services, and was struck by how many people were interested in community gardens. He said this was particularly true for Cedar Grove Park. David Stancil said staff met today with the Cedar Grove Neighborhood Association, and a community garden has been planned there, as well as Blackwood Farm. Commissioner Jacobs asked if there is another phase of Cedar Grove Park, which extends to the pond. David Stancil said this park has tennis courts, additional parking, additional ball fields, and possibly an additional trail. He said that is all this park can handle, given impervious surface limitations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 M. Commissioner Jacobs said the County will derive some additional acreage from the Sheriff's office, which adjoins Cedar Grove; and there is the property across the street, which was purchased for septic services, and currently has no use. David Stancil said the property across the street is 12 acres. Commissioner Jacobs said it is not being used because there is concern about having people cross the street. He said a cross walk was researched but the Department of Transportation said it would be unwise, as it would encourage people to cross the street. He said there is a lot of room there for other things, and it may be wise to review the park plan again. Commissioner Jacobs asked if any adults use the Cedar Grove ball fields. David Stancil said the bulk of the use is by Hillsborough Youth Athletic Association (HYAA), but there is a big adult softball tournament every September. Commissioner Jacobs asked if the fields will be cut up into smaller fields. David Stancil said no. He said the new field that is proposed in the second phase would be broken into three T -ball fields. Commissioner Burroughs said a two cents tax increase would raise $3.2 million. She said FY18 -19 has Blackwood Farm and Cedar Grove Parks costing $3.6 million combined. She said there is still a disconnect between the financial reality, and what the County hopes to accomplish. She said the Board is at least talking about a 2 -cent tax increase for these parks, but there will also be tax increases for the school bond. She said 5 cents on the tax rate is a lot of money, and it does not include funds for the parks. She said the 5 cents could be cut down to 3 cents, if the parks were not included. Bonnie Hammersley said the CIP through the next 5 years, is all included in what that increase would be. She said it includes the schools, plus everything else in the CIP. She said it is for principal and interest payments over 20 years. Commissioner Burroughs said if the parks were not in the CIP, it would reduce the pressure of raising taxes. Bonnie Hammersley said it would reduce it, but it would not be like 2 cents. She said taxes are not being raised on the whole amount, but rather on the amount that has to be paid on an annual basis. Commissioner Burroughs said she would like to know the exact difference in the tax increase if the parks were removed. She asked if the CIP also includes operating costs for the parks. Bonnie Hammersley said staff has started including the operating expenses and costs for CIPs. She said she is unsure of the significance of the operating costs of the parks. David Stancil said the operating costs for the parks are included in the CIP. He said if Blackwood Farm were to open full time, there may be additional costs incurred, such as additional staff; but these would not be big expenses. Bonnie Hammersley said staff can provide the Board with the increase in operating expenses for each year of the CIP. Commissioner Price said when prioritizing these projects she would encourage the Board to keep in mind the usage of these parks. She said parks are built to serve underserved communities, and should be built in such a way that people want to use them. Commissioner Jacobs said when considering the priorities, it would be helpful to break out the borrowing costs, operating costs, etc. He said in 2001, neither staff nor the Board thought to calculate the operating costs. Commissioner Jacobs agreed with Commissioner Price, and said, when building the soccer.com complex, it was noted that it would connect to a large part of the Hispanic culture. Commissioner Rich said she would also like to know how many people are working at the various parks, because parks do create employment opportunities. I 1 Commissioner Jacobs asked if staff is trying to sell naming rights at any of the other 2 parks besides soccer.com. 3 David Stancil said no, not aggressively, but that has been talked about. 4 Commissioner Jacobs said naming rights could be sold for portions of these parks, to 5 help defray the costs. 6 Chair Dorosin said Commissioner Burroughs is not being a "Debby downer ", but he said 7 he does not think that the Board has been afraid of raising taxes in recent years, or has missed 8 opportunities to do so. He said the potential tax increase that is coming is because of the bond 9 that was approved by voters, and he appreciates Commissioner Burroughs' critical eye on the 10 parks issues, and hopes she will apply it to all other areas, including school budgets. 11 Commissioner Burroughs agreed, and said it is not necessarily wrong to not raise taxes; 12 but it is painful, and she will continue to look at this budget, as well as the schools' budgets. 13 She said the parks offer big chunks of funding that can be delayed, without killing the concept 14 altogether. She agreed that the BOCC has been a good steward. 15 Commissioner Rich asked if there is a timeline to determine the prioritization of the 16 parks projects. 17 Chair Dorosin suggested discussing this during the CIP work session. 18 The Board agreed by consensus. 19 20 2. Board of Commissioners - Boards and Commissions Annual Selection Process 21 22 Chair Dorosin reviewed the procedures for choosing their boards and commissions, and 23 the Clerk reviewed the revisions at their places. 24 Commissioner Rich requested that she and Commissioner Marcoplos stay on the 25 Chatham /Orange Work Group since it just met for the first time, despite being formed in 2017. 26 Commissioner McKee said it is difficult for him to attend the Upper Neuse River Basin 27 Association meetings, due to his full time work. 28 Commissioner Price asked if the short -term task forces work groups have been 29 eliminated from the process. 30 Chair Dorosin said yes. 31 Donna Baker said with one exception: Commissioner Rich asked just prior to this 32 evening's meeting if the Strategic Communications Work Group could be recreated/ 33 reconvened, and Commissioner Rich has talked to Todd McGee, Community Relations 34 Director, who is in the process of doing so. She said in 2015, Commissioner Rich and former 35 Commissioner Gordon served on this work group. 36 The Board agreed by consensus to add the Strategic Communications Work Group 37 back on the list. 38 39 BOARD NAME MEETING DATE BOCC MEMBER BOCC Member BOCC member Currently Serving Serving 2018 -2017 STATUTORY ABC Board Monthly, Third Commissioner Not Commissioner Commissioner Tues 8:30 AM- Required (non- voting McKee Price ABC offices in member) Hillsborough 2018 -2020 10 Board of Health Monthly, Fourth 1 Commissioner Commissioner Commissioner Wed Required Burroughs - Burroughs 7:00 PM -at 2018 -2020 Member Health Dept. in Hillsborough Board of Social Monthly, Third 2 appointees Chair McKee - Commissioner Services Monday- 4:00 Commissioner not Member McKee PM at DSS required but usually a offices in Commissioner serves Citizen - Already Hillsborough 2018 -2020 appointed Community Oversight Quarterly 1 Commissioner or Commissioner Commissioner Board (part of OPC designee Price Price Community Operations 1 Consumer /Family Center) member 1 Citizen/ Stakeholder (2018 -2022) INTERGOVERNMENT AL and OTHER GROUPS WITH BOCC MEMBERS Burlington /Graham 6x /year -(or more Requires Commissioner Commissioner MPO Transportation as needed) 1 Commissioner Jacobs - Member McKee - Member Advisory Committee Tuesdays at member Commissioner Commissioner 5pm in 1 Alternate Marcoplos - Burroughs - Burlington Commissioner Alternate Alternate (2018 -2022) Chatham Orange Work 3x /year- 2 Commissioners Commissioner Commissioner Rich Group alternates (2018 -2020) Marcoplos Commissioner between Orange Commissioner Rich Marcoplos County and Chatham County CHCCS Work Group As needed 1 Commissioner Chair Dorosin Chair Dorosin (2018 -2020) (11/17) Community Home Monthly-2 nd 1 Commissioner Chair Dorosin Commissioner Trust BOD Thursdays at Required McKee 6pm at CHT (2018 -2020) office Durham- Chapel Hill — Monthly- 2 1 Commissioner Commissioner Commissioner Carrboro Metropolitan Monday at 9am 1 Commissioner Jacobs- member Price- Member Planning Organization in Durham Alternate (2018 -2022) Commissioner Rich (MPO)- Transportation - Alternate Commissioner Advisory Committee Marcoplos - (DCHC -MPO) Alternate Durham- Orange- Quarterly- at 2 BOCC Commissioner Rich Commissioner Chapel Hill Work noon - rotates (2018 -2022) Commissioner Jacobs Group locations- Jacobs Commissioner Rich Durham/ 11 Chapel Hill /Orange Count Durham Tech Board of 6x /per year- 2 Appointees— one Commissioner Commissioner Trustees usually 4t" Commissioner Price — Member Marcoplos - Tuesday of (2018 -2022) Member month at 4 -6pm One resident Citizen already (locations move appointed about) Plus there are committee meetings Family Success Meets 6x per 2 Commissioners Commissioner Commissioner Alliance year -1 -3pm (2018 -2020) Burroughs Burroughs Alternates — Commissioner Commissioner northern and Marcoplos Marcoplos southern Orange Count Fire Chief's Association Bi- monthly — first Commissioner not Commissioner Commissioner of Orange County Weds - 7pm required as member — McKee McKee but can attend as guest(s) 2018 -2020 Food Council Meets 1/x per 1 Commissioner Chair Dorosin Commissioner Rich Month (usually (2018 -2020) the 1St Monday at 4:30) Alternates between Chapel Hill and Hillsborough Go Triangle Board of Monthly 1 Commissioner Commissioner Commissioner Trustees 3rd Wed -12pm in (2018 -2022) Jacobs Jacobs Durham Go Triangle Special Meets every 2 Commissioners Commissioner Commissioner Tax Board January (more required Dorosin and Burroughs often if needed) (2018 -2022) Commissioner Commissioner in Durham at Burroughs — Price GoT office Go Triangle 6x per year 1 Board of County NA Commissioner Community Advisory (assuming they Commissioners Price Committee- will meet at Go T Liaison offices Healthy Carolinians Meets quarterly Commissioner not Commissioner Chair Dorosin (3rd Thursdays at required —often same Burroughs 8:30am) BOCC Member as on the Board of Health 2018 -2020 Orange County Local Quarterly 1 Commissioner Chair Dorosin Commissioner Government Affordable Required Marcoplos 12 Housing Collaborative (2018 -2020) (the Collaborative) Intergovernmental Meets 3 times 1 Commissioner Commissioner Chair Dorosin — Parks Work Group per year at Member Rich — Member Member 5:30pm -at SHSC 1 Alternate Commissioner Commissioner Commissioner Burroughs - McKee - Alternate (2018 -2020) Alternate Justice Advisory Quarterly (Friday 2 Commissioners Commissioner Commissioner Council afternoons: (2018 -2020) Jacobs Jacobs 3:30pm) Commissioner Chair Dorosin Price Joint Public Safety Meets as 2 Commissioners Commissioner Chair Dorosin Training Facility Work needed at ES (2018 -2020) McKee and Commissioner Group Commissioner Price Burroughs JCPC (Orange County Meets 6 -7x per 1 Commissioner Commissioner Rich Commissioner Juvenile Crime year (every other (2018 -2020) Burroughs Prevention Council) month) LIWG (Legislative Meets as 2 Commissioners Commissioner Commissioner Rich Issues Work Group) needed (2018) Price and Chair Dorosin Commissioner Marcoplos NACo Voting Delegate I Commissioner Commissioner Commissioner Required Price Price (2018) NCACC Voting 1 Commissioner Commissioner Commissioner Delegate Required Price Price (2018) May have alternate N/S BRT (North /South Not decided yet One Commissioner NA Commissioner Bus Rapid Transit) Jacobs policy committee Orange County Bi- monthly- Last 1 Commissioner Commissioner Commissioner Partnership for Young Wednesday -at Burroughs Burroughs Children 8:30am Partnership to End Monthly- 1 Commissioner Commissioner Commissioner Homelessness Marcoplos Burroughs Small Business Loan Meets as 1 Commissioner Commissioner Commissioner Program needed to vet Jacobs Jacobs applications received (7:30am on Fridays) Solid Waste Advisory Meets as 2 Commissioners Commissioner Commissioner Group (SWAG) needed (2018 -2020) Jacobs and Jacobs Commissioner Rich Commissioner Marcoplos 13 Strategic Meets as 2 Commissioners Commissioner Rich Commissioner Rich Communications Work needed Commissioners and Commissioner Group now OPEN POSITION Marcoplos Triangle Area Rural Bi- monthly- 1 Commissioner Commissioner Commissioner Planning Organization meetings at Member Price — Member- Marcoplos — (TARPO) 12pm, alternates 1 Alternate Alternate- Member Transportation counties —Lee Commissioner Commissioner Commissioner Advisory Committee and Chatham 2018 -2022 McKee Rich - Alternate TJCOG Meet 1x per 1 Commissioner Commissioner Commissioner month- Last 1 Alternate Rich- Member McKee — Member Wednesday (2018 -2022) Commissioner Commissioner 6pm Price Alternate Rich - Alternate Upper Neuse River Bi- monthly at One Director Position Commissioner Commissioner Basin Association 9:30am- 12:OOpm Two Alternate McKee - Director McKee - Member (meets in Positions Butner) (2018 -2022) Commissioner No Alternate Price — alternate Workforce Meets monthly in Does not require a Nancy Coston — Nancy Coston Development Board — various counties- Commissioner - usually DSS Director Regional Partnership has been 1 Non - Voting Liaison Visitor's Bureau 8:00 am third 1 Commissioner Commissioner Rich Commissioner Rich Wed., monthly, Required no meeting in (2018 -2020) Jul /December SHORT TERM TASK FORCES /WORKGROUPS 2016 2017 Cedar Grove Meets at needed 2 Commissioner Future Phase Advisory Board — on hold for Commissioners Jacobs and forthcoming Meeting now Commissioner Price Space Study Work Meets as 2 Chair McKee In Maintenance Group needed Commissioners and Commissioner Price EX- OFFICIO Hillsborough /Orange County Chamber of Commerce- does not require a Commissioner Chair Serves NC DOT Quarterly Meetings Chair /Vice Chair School Collaboration Meetings Chair /Vice Chair 14 2 Boards to be decided on /chosen at future work session JOCCA- need to decide whether to continue participation Meets Quarterly in Pittsboro at 5:30pm - 1 Commissioner Or Citizen Plan Implementation Focus time 3 4 Boards – Not Meeting at this time 5 Efland Mebane Small Area Not meeting at this 1 Commissioner Plan Implementation Focus time Group Historic Rogers Road Task Not meeting at this 2 Commissioners - Force time Commissioner Price and Commissioner Rich Hollow Rock Park Planning Not meeting at this 2 Commissioners Committee time - Will take all 4 governmental entities to sunset this group Library Services Task Force Has not met since 2 Commissioners 2009 — suggestion to sunset and re- create, if needed at a later date 6 7 3. Board of Commissioners - Discussion on BOCC Advisory Board Liaison 8 Reporting 9 10 Chair Dorosin said this topic has come up in some petitions, and how the 11 Commissioners relate their service on these advisory boards to the rest of the BOCC. He said 12 the Board had encouraged each other to share updates by email, but this has been intermittent. 13 He said several Commissioners have made a renewed effort by email, and he appreciated this. 14 Commissioner Burroughs said email is helpful. She said some boards send the agenda 15 in advance and perhaps if all Commissioners could receive the agenda, review it, and note any 16 items of particular interest. 17 Commissioner Price said all internal boards have agendas and minutes posted on line. 18 Donna Baker suggested that the serving Commissioner could share agendas from inter - 19 governmental boards with the rest of the Board. 20 Commissioner Jacobs said it may be useful to have a place on the BOCC regular 21 agenda for the Board to give him direction, as relates to the GoTriangle Board. He said the 22 GoTriangle board recently discussed a LEAD Certified Rail Operations Maintenance Facility, 23 and he, and several other board members, felt that a LEAD certification is a waste of money. 24 He said there is a lot of chest expanding at GoTriangle about the importance and beauty of 25 what is being done, which does not add anything but make people feel more important. He said 26 it costs money. He said he would welcome the direction of the BOCC on how to proceed at 27 GoTriangle meetings, with these types of issues. He said he is often a lone voice with a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 15 discouraging word for GoTriangle, and it would be nice to have the power and support of the Board behind his statements. Commissioner Rich said getting the notes from liaisons in the first place is very important for them all. Chair Dorosin said if there is an upcoming meeting, for any board, which a Commissioner anticipates being significant, and would like direction or feedback from the Board, that item can be added for discussion to the end of a meeting. Chair Dorosin said sending emails, containing highlights and questions, may be the best way to proceed for now. Commissioner Jacobs said Commissioners could send the minutes of the Board on which they serve. Commissioner Marcoplos suggested highlighting any important issues contained in any minutes that are sent. Commissioner Burroughs encouraged the school collaboration minutes to be sent out to the full board. Commissioner Marcoplos suggested that the process of choosing the boards and commissions be done earlier than February. Chair Dorosin said the process will take place in December going forward. The meeting adjourned at 8:54 p.m. Donna Baker Clerk to the Board Mark Dorosin, Chair 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Attachment 3 DRAFT MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING February 20, 2018 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, February 20, 2018 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. Additions or Changes to the Agenda Chair Dorosin noted the following items at the Commissioners' places: - PowerPoint for Item 6 -a, - PowerPoint for Item 4 -b - Yellow sheet: hand out for 7b PUBLIC CHARGE Chair Dorosin dispensed with the reading of the problem. Arts Moment - Aaron Belz Aaron Belz's poetry has been published in American journals such as Fence, Boston Review, Eleven Eleven, and Z6calo Public Square, and internationally in publications such as Van Gogh's Ear, Jacket, and Tears in the Fence. He has given readings in numerous venues ranging from literary salons and bookstores and university classrooms to improve workshops, literary festivals, and comedy festivals. Mr. Belz has released three full - length books, The Bird Hoverer (2007), Lovely, Raspberry (2010) and Glitter Bomb (2014) and has one forthcoming: Soft Launch (2019, Persea Books). Aaron lives in Hillsborough, North Carolina. The late John Ashbery remarked, "Aaron Belz's poetry reminds us that poetry should be bright, friendly, surprising, and totally committed to everything but itself. Reading him is like dreaming of a summer vacation — and then taking it." Aaron Belz read two poems. 2. Public Comments a. Matters not on the Printed Agenda Chair Dorosin said Ellie Kinnaird wished to speak to an item on the consent agenda, and asked the BOCC if it would be acceptable to allow her to speak at this time. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 N The Board agreed by consensus. Ellie Kinnaird said she is here to speak to Item 8 -g: Letter to Cardinal Innovations in Support of Club Nova's Request for Capital Funding. She thanked the BOCC for its support, and said Club Nova is taking time to tell people what they do. She said Club Nova fulfills a policy that was created in the 1980s, when the institutions for the chronically mentally ill were closed down with the goal of providing services in the community. She said Club Nova is a day program where the mentally ill can gather, which meets in a 100 -year old house. She said a variety of programming is offered to meet all levels of need. She said socialization is very important for the chronically mentally ill. She said Club Nova provides three meals a day, transportation, follow up pertaining to health and medication needs, transitional employment, etc. She said all of these services allow for the clients to receive care, families to know their loved ones are safe, and the tax payer to see that these clients are not re- hospitalized, incarcerated or homeless. Commissioner McKee arrived at 7:10 p.m. Commissioner Price said Cardinal Innovations has changed some of its policies, and she asked Cardinal Innovations if it would now provide funding for residential construction, and she was told yes. She said Cardinal Innovations encouraged Club Nova to apply for funding. Commissioner Jacobs said the Board of County Commissioners has always been supportive of Club Nova. Ivey Barger said she is here to address the plans of a neo- confederate group to erect a billboard size confederate symbol in every county in the state, including Orange County. She said this group considers this symbol to be a flag, but according to the Unified Development Ordinance (UDO) these are not flags but signs, and, as such, should be subject to the sign code. She said this symbol is not a flag of a country, state or political subdivision, and thus does not fulfill the UDO's definition of a flag. She asked the BOCC to apply the sign code to the planned display. Heather Ann said she is here to discuss the aspects of the permit granted for the 60 -foot flagpole in northern Orange County, off of route 70. She said she is not here to contest the content, imagery, or related messaging of the anticipated flag, but rather an issue regarding code compliance enforcements. She said signs on private property can be regulated, and referred to portions of the LIDO to support this. Hillary MacKenzie declined to speak. Patricia Clayton said she is the President of Northern Orange chapter of the National Association for the Advancement of Colored People (NAACP), and is concerned about the raising of this proposed flag. She said the NAACP is against racial hatred, division, and discrimination, and encouraged the BOCC to please vote against the confederate flag. Joe Cole said his family is from West Virginia, and many family members were coal miners. He said his parents left West Virginia, as his father did not want to be a coal miner. He said he has a heritage that is rooted in the south, and in a blue - collar community. He said there is a lot of complexity in the history of poor white people in the south, and in recent years, he learned that one of his great grandfathers was a part of the Ku Klux Klan, and some of his ancestors were slave owners. He said, to him, the confederate flag is a symbol of racism and terrorism. He said he knows that he has racism in himself, but this flag is a symbol that promotes racial hatred. He said this symbol should not be so large that it can intimidate people of color. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Artha Cravey said she wanted to speak against the large confederate flag that is proposed to go up in northern Orange County, and the group that is proposing these in every county. She said this group is promoting white supremacy, and mega size racist symbols are being used as mega size racist statements. She said Orange County Schools (OCS) has shown leadership on this issue, and the Board of County Commissioners can do the same. Emily Elstad said she wanted to speak out against the large confederate flag that is proposed to go up close to her home. She said she is worried about her property values, tourism, and the people of color who will have to drive past this symbol daily, two of whom are her children. She said this is a 20 x 30 foot flag on a 90 -foot pole, which her family will be able to see from its back yard. She said neither she nor her children want to see this symbol of hatred. She said movement around the confederate flag is often sluggish, and she urged the BOCC to consider how it would act if this group was going to put up a swastika or a flag of male genitalia. Amy Halberstaff said she is in awe of the speeches that have come before her, and she has flags at home but this flag, and its size, is a symbol of hatred and racism. She said she has concerns for all that would see this flag, and how it would reflect on Orange County. She said erecting this flag will not be helpful to Orange County in any possible way. David Neal said he is concerned about the idea of a mega size symbol of hate going up in Orange County. He said he agrees the UDO should be used to limit the size of this symbol, and any other symbol, on residential property. He said if there any ambiguity within the UDO, he hopes the BOCC will work with the Planning Department to remove it, and any doubt, moving forward. Julia Sendor said she is here because of the young people with whom she works. She said she never thought seriously about the confederate flag until she started working with middle and high school students. She said many young people of color "just shut down" when they see a flag such as this. She said the County has the tools to govern in a way that protects public health and welfare. Sarah Cross said she is speaking against the confederate flag that may be put up in northern Orange County. She said this flag is stained with murder. She said she is a descendant of southern families and confederate flags. She does not want a mega confederate flag in Orange County, or anywhere else in the country. Erik Johnson said he is a retired minister in Chapel Hill, and he stands in opposition of any flag of this type. He said symbols are powerful, and the confederate flag is a symbol of reality that is horrifying to him, and one in which he does not want to participate. He said when he sees this flag throughout the country he trembles and is chilled. He said he feels pain and terror, and he is white; he can only imagine how people of color must feel. He said other areas have removed this flag, and Orange County can do the same. Chair Dorosin said this is a matter of concern, and the Board has asked John Roberts to look in some of these issues, and will ask him to look at more of these after tonight. He said the public has spoken very eloquently about all the elements of this issue, and he said the Board of County Commissioners is taking this matter very seriously. Commissioner McKee said it is a two -prong approach: the Sons of Confederate Veterans is the group that is intent on putting one flag in every county; and the group that is based in Alamance County wants to put up 4 flags in Orange County specifically. Commissioner Jacobs said about 15 years ago, the Sons of Confederate Veterans approached the Board of County Commissioners requesting that the confederate Memorial Day be a County holiday. He said German soldiers fighting for Germany in WW2 were fighting for the Nazis, and their actions were therefore immoral. He said confederate soldiers were the same. He said the confederate flag has been used to protest racial reconciliation and the institution of equal civil rights. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 M Commissioner Price thanked the public for coming out and speaking. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner McKee said he had mentioned recently that GoTriangle would come back to the BOCC for an additional vote in 2018, but he has learned that this was incorrect. He said he would like to petition the Board to direct staff to determine when the BOCC has another go /no go vote on the light right project. Commissioner McKee said he would like to know whether a material change, as defined in the plan, automatically triggers a go /no go vote, or if the change is simply reported to the BOCC. Commissioner McKee said he is disturbed that, at the last Metropolitan Planning Organization's (MPO) meeting, a weighted vote occurred. He said he did not know about the weighted vote, but it is his understanding that the weighted vote did not change the outcome, but it insured the outcome. He said he is concerned that this was used as a tactic, when all are supposed to be equal and collaborative partners. Commissioner Price said she would also like to know what triggers a review and reevaluation of the County's agreement with GoTriangle. Commissioner Price said residents have been requesting walkability around Hillsborough, in particular a sidewalk or gravel pathway to and from the State Employees Credit union (SECU) that just opened on Highway 70. Commissioner Price thanked the new elections director for updating the website about upcoming elections. Commissioner Price said she attended her first ABC board meeting today, and she distributed alcohol resource guides to the BOCC. She said the Sheriff's department plans to take a DWI simulator to local schools to educate young people about the dangers of drunk driving. Commissioner Rich said she handed over her MPO orientation book to Commissioner Marcoplos. She said the weighted vote has not always been in the make up of the MPO, and it goes by population, with each group getting the amount of votes per populations. She said this vote can be asked for at any time but usually occurs when there is a controversy. Commissioner Rich said she and Commissioner Jacobs attended the 5 -year LAUNCH celebration event. She said LAUNCH now has an additional space. Commissioner Rich gave a big shout out to Chapel Hill Town Council member, Hongbin Gu, for the Chinese New Year event at the Friday Center. Commissioner Rich said she attended the fire academy with Chapel Hill High (CHHS) students, which was a learning experience. She said the students lead the class, and this is a great program for students at CHHS and Orange High School. Commissioner Rich said she also took an EMT class with students at CHHS. She said learning CPR is no longer sufficient, and EMT training needs to include how to stop bleeding, and tourniquets are needed for all the first responders in the schools. Commissioner Rich said she attended a program about hunger in schools, where they talked about food distribution in Wake County high schools. She said she would like to have a similar program for high schools in Orange County. Commissioner Marcoplos said it was frustrating reading the article about the MPO meeting. He said the article made it out to be a power play, and as he talked with others, he found the article was fairly erroneous. He said the article fired people up with misinformation, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 and he said the MPO is going to have a committee on communications. He asked if there is a better way to get on top of controversial issues in the future, in order to provide factual information up front. Commissioner Marcoplos said last night he attended a presentation by the group working on the tiny homes initiative. He said this initiative is doing a lot of work in showing the roadblocks to tiny homes, and he encouraged everyone to find out more. Commissioner Burroughs said she attended the Family Success Alliance (FSA) meeting, and the FSA has been invited to submit a significant proposal to the Kenan Trust. She said the new head of United Way for the Triangle attend the FSA meeting, and said the United Way is again changing the way it does funding. She said UNC has applied for, and received, more funding to help with evaluations. Commissioner Jacobs said this Monday is the 201h Orange County Agricultural Summit at the Whitted building. Commissioner Jacobs petitioned to direct staff /Commission for the Environment to research how Orange County can be qualified as a "Bee Friendly County ". Commissioner Jacobs said he asked that the new Elections Director to come and talk to the Board about the safety of their votes. He said he served on the State Commission on Electronic Voting, and they found that the machines in Orange County are hard to hack, but they did see a demonstration about how easy it is to get into electronic machines. He said a review would be good. Commissioner Jacobs referred to the MPO vote, and said it was an unfortunate decision from the Durham representatives to undercut the collegial relationships that were created about the light rail. He said Durham's petition to remove certain projects would have failed 5 -3, because Carrboro, Chapel Hill, Chatham, Orange and Hillsborough voted no; but because it was a weighted vote, these 5 entities lost. He said this does not set a good tone for the future. He said he believes GoTriangle staff has an answer to when there is a check -in point in the project, which he believes is related to insufficient funds being available in order to proceed. Commissioner Rich said they are talking about removing projects that may or may not be getting state funding, and it is important that everyone understands what the SPOT 5.0 is, and how the state funding works. She said this could be an information item on an upcoming agenda. Commissioner Price said she has worked with the SPOT series before, and with the Triangle Area Rural Planning Organization (TARPO) there is a level of trust and collaboration where they shared the points system. Commissioner Price said the Orange County Mental Health Work Group toured the Wakebrook Behavioral Health facility in Raleigh. She said local judges and other criminal justice staff attended, and they were looking at ways to help keep people with mental health needs out of jail. Commissioner Price said she too attended the Lantern Festival, and Chapel Hill - Carrboro City Schools (CHCCS) won the dragon dance. Chair Dorosin said he attended a good school collaboration meeting this morning. He said one of the discussion items was safety within the schools. He said one suggestion was for the two school boards and Orange County to meet with the Community Emergency Response Collective to share information. He said he suggested hosting a community listening session to allow the public to receive up to date information regarding school safety. Chair Dorosin said he had a meeting with Community Home Trust Director, Robert Dowling and Kevin Foy yesterday, who are Chairs of the InterFaith Council's (IFC) campaign for The Food First facility in Carrboro. He said this project may be one of which the Board of County Commissioners would be supportive, and possibly use the social justice fund to fund their capital building request over several years. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 4. Proclamations/ Resolutions/ Special Presentations a. OWASA Annual Update Presentation The Board received a presentation and information from the Orange Water and Sewer Authority ( OWASA) on recent activities. Ray Dubose, Orange County Appointee to the OWASA Board, said they value this annual opportunity to present to the BOCC. Ray Dubose, Robert Morgan, OWASA Board Chair, and Todd Taylor, OWASA General Manager, reviewed the following information: The North Carolina Drought Monitor currently classifies central North Carolina including Orange County as being in a moderate drought. The OWASA Board and staff are closely monitoring conditions and we continue to encourage wise use of water resources. As of January 17th, our reservoirs (Cane Creek Reservoir, University Lake and Quarry Reservoir) were 63% full, which is lower than normal for this time of year. Since 1990, the lowest level for our reservoirs on January 17th was 41 % full in 2008, during our last severe drought. We have a Water Shortage Response Plan and a Drought Response Operating Protocol, which guides our decisions to ensure we work proactively with the community in response to increasingly severe drought conditions. Each year, we want to see our water supply capacity at 100% by the spring, so we anticipate improvement within the next month or so. If not, we will take action to seek additional conservation from our customers and consider our Jordan Lake supply option. Advanced Metering Infrastructure /Agua Vista Significant progress was made last year on our Advanced Metering Infrastructure (AMI) project called Agua Vista to include: • Wrapping up vendor selection and contract negotiations. • Executing the installation contract with our preferred vendor. • Installing a portion of the network infrastructure. • Substantial completion of software integration. • Staff training. • Development of the community engagement plan and materials. • Upgrading a small quantity of meters with OWASA staff to reinforce training and test processes. • Processed a small quantity of bills utilizing AMI reading data. The key benefits of the project are: • To improve customer access to water use information, • To make for more efficient and effective billing, • To allow early detection of possible water leaks, and • To enhance operational efficiency. Key activities for 2018 will include finishing the installation of the network infrastructure, completing a field readiness test with the installation subcontractor to review their processes, begin system -wide meter upgrades, and launching the customer portal. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 7 Sewers for the Historic Rogers Road Area Sewer installation began in the fall of 2017. About 2,950 feet of sewer pipe has been installed to date. This is approximately 15% of the 19,000 feet of pipe that will be installed. The project is on schedule for completion in summer 2018. Financial Management Fiscal Year (FY) 2018 is the sixth consecutive year with no increase in our monthly water and wastewater rates. We received an unmodified opinion from our independent auditors that our financial statements fairly present our financial position. We continue to meet our financial performance objectives, including the metric we use to measure the affordability of our services. The average household in our area uses about 4,000 gallons per month of water and sewer service; the annual cost of service at this level, $70.66 per month, is less than 1.5% of median household income. Affordability Outreach Program 2017 marked the second full year of OWASA's formal Affordability Outreach Program. We continue to engage with over 20 social service agencies from across the county to increase community awareness of options to manage and reduce OWASA bills and empower low - income customers and the local agencies that serve them with information and tools to manage and reduce OWASA bills. Some of our notable efforts in 2017 include: • A revenue - neutral transition from a seasonal water rate structure to a uniform water rate structure for multi - family, master - metered customers to help with month -to -month water bill budgeting for sub - metered tenants. • The launch of a neighborhood conservation challenge (Save2Gain) in partnership with Chapel Hill Public Housing. • Promotion and completion of water use assessments to identify water saving strategies for low- income customers, working through the local agencies that serve them. • The implementation of a pay -by -text option for interested customers. We continue to promote the on -bill contributions to the Care to Share customer assistance program in our Blue Thumb customer newsletter, public events (like our Open Houses), and website. In fiscal year 2017, the program raised over $5,400 in on -bill contributions from 1,038 customers. We also promote direct contributions to the Inter -Faith Council. In 2018, OWASA will consider a reduction in our service availability fees (renamed system development fees) for all new connections to OWASA's water and sewer system, as well as the creation of a new, low tier for homes that are 800 square feet or less. Additionally, the OWASA Board of Directors will receive and discuss a proposal for Year 3 of the Affordability Outreach Program Plan at our February 8, 2018 Work Session. Fluoridating drinking water On October 9, 2017, OWASA resumed fluoridation of drinking water to promote dental health and in accord with recommendations of the US Centers for Disease Control, US Environmental Protection Agency, US Public Health Service, NC Division of Public Health and the Orange County Board of Health. Fluoridation resumed following completion of improvements to the safety and reliability of the fluoride feed system at the Jones Ferry Road Water Treatment Plant. In February 2018, the Orange County Board of Health is scheduled to consider OWASA's request for the Health Department to facilitate a County -wide process for periodic review of drinking water fluoridation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 N. Drinking water quality In 2017, we again met all Federal and State standards for the quality of our drinking water, including requirements to test for over 150 substances. As part of our regulatory monitoring, we test every three years for lead in tap water at 30 homes built between 1983 and 1985. The results from this testing in 2017 were that 90% of samples tested below the detectable level of 3 parts per billion (ppb). In 29 of the water samples, lead was below the detectable level of 3 ppb. We found lead in one sample at a level of 4 ppb, which is below the Federal action level of 15 ppb. We continue to offer drinking water quality testing to all of our customers free of charge. Quality of our treated wastewater and biosolids In July 2017, we received the Platinum Peak Performance Award from the National Association of Clean Water Agencies for seven consecutive years of meeting all standards for the quality of our treated wastewater. Our treated wastewater has phosphorus and nitrogen levels well below the limits set by the State for our Mason Farm Wastewater Treatment Plant. We also continue to meet all standards for the quality of the treated wastewater solids, and our Class A biosolids (the solid residue from wastewater treatment) meets federal environmental standards for "exceptional quality." We recycled our biosolids primarily to enhance the soil on approved farmlands in Orange, Chatham and Alamance Counties. Some biosolids are recycled at a private composting facility in Chatham County, which makes a soil additive for landscaping. Commissioner Rich asked if a bit more information could be shared about about Energy Management, and alternative sources of energy. Todd Taylor reviewed the following information: Energy management In April 2017, the Board adopted an Energy Management Plan that included a suite of strategies to help us work towards our Board -set energy management goals to: • Reduce our use of purchased electricity by 35% by 2020 compared to a 2010 baseline. • Reduce our use of purchased gas by 5% by 2020 compared to a 2010 baseline. • Beneficially use all Mason Farm Wastewater Treatment Plant biogas by 2022, provided the preferred strategy is projected to have a positive payback within the expected life of the required equipment. • Formally engage local governments and partners in discussion about potential development of biogas -to- energy projects at the wastewater treatment plant. • Seek proposals for third -party development of renewable energy projects on OWASA property. This plan is a key milestone to improve the environmental impact of our operations, reduce costs, and improve reliability. It represents our first formal, comprehensive, organization -wide evaluation of ways we can better manage energy across all our facilities. On February 22, 2018, the Board will receive and discuss an update to the Energy Management Plan. Diversity and Inclusion Program We are proceeding with our Implementation Plan for the Employee Diversity and Inclusion Program. Our consultant, VISIONS, Inc., has trained a Diversity Leadership Group, Diversity Recruitment Group and a Diversity Resource Group as well as the OWASA Board of Directors. I 1 An organizational assessment has been conducted and results will be reviewed with employees 2 soon. 3 4 Key activities for 2018 are completion of organization assessment and additional training for 5 OWASA staff. 6 7 Infrastructure investments 8 Capital investments, including debt payments for capital projects, account for about half of our 9 costs. In 2017, we invested about $13.6 million to renew, replace and improve our infrastructure 10 to maintain the reliability and quality of our services and the structural integrity of facilities. 11 Key accomplishments in 2017 12 • Replacement of aging water mains on parts of East Rosemary and Henderson Streets, 13 in coordination with Town of Chapel Hill street resurfacing. 14 • Substantial completion of work to replace an aging water main on Hillsborough Street 15 from East Rosemary Street to Martin Luther King Jr Boulevard, again in coordination 16 with an upcoming Town roadway project. 17 • Rehabilitation of a deteriorating section of a pressurized sewer in the Hamilton Road 18 and Prestwick Road area, an extremely high priority project in that this pipe carries 19 nearly half of the wastewater flow of the entire service area. 20 • Installation of a new water main from our water storage tank on Hilltop Street to improve 21 system pressures in the Hilltop /McCauley neighborhood. 22 • Completion of needed electrical, controls, and monitoring improvements to the 23 wastewater pump station in the Piney Mountain neighborhood (off of Mt. Sinai Road) 24 • Received approval for nearly $15 million in low- interest loans from the NC Division of 25 Water Infrastructure to serve the design and construction of six capital projects. 26 27 Key projects planned in 2018 28 • Completion of rehabilitation and improvements to the wastewater pump station near 29 Cleland Drive, our largest remote wastewater pump station. 30 • Completion of an assessment at our treatment plants to identify and assess risks that 31 would prevent OWASA from providing services that meet or exceed federal, state, local 32 quality requirements. 33 • Replacement of filter media and rehabilitation and improvements to the filtration system 34 used at the Jones Ferry Water Treatment Plant. 35 • Installation of and enhancements to security systems at various remote water supply 36 and storage facilities. 37 • Completion of work in the Heritage Hills Neighborhood, including replacement of water 38 mains on portions of Brandywine and Lexington Roads, and rehabilitation of sewer 39 mains and manholes throughout the neighborhood. 40 41 New System Development Fees 42 As explained in my December 18, 2017 letter (attached), the OWASA Board expects to take 43 action to lower our one -time fees for new water and sewer connections effective July 1, 2018. 44 We currently refer to these fees as Service Availability Fees. They will be called System 45 Development Fees in the future. 46 47 For single - family residences, depending on the house size, these fees will be reduced by 25- 48 36% (even more for our proposed new lower tier for small homes). For example, under current 49 rates, a new 1,300 square foot home would be charged a System Development Fee of $3,862 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 10 to connect to the water and sewer system. Under the revised rates, the same new connection would be charged a System Development Fee of $2,472. 40th Anniversary Celebrations We held an open house on October 21st at the Cane Creek Reservoir and an open house on Saturday, November 4th at our 400 Jones Ferry Road facilities in Carrboro. These events were well received by the public. OWASA Water Wagon In 2017, OWASA built and debuted a Water Wagon to serve chilled drinking water from our water treatment plant at public events. The Water Wagon is powered by solar panels and provides the opportunity for community members to fill their water bottles, drink directly from the fountains, and even give water to their dogs. We are excited about this new platform for engaging with the community. Commissioner Rich asked if there are plans to use solar panels. Todd Taylor said OWASA owns a lot of land, and solar farming is being considered. He said the initial obstacle is that the Duke solar substation, on this land, is at capacity. Commissioner Rich said she is not talking about having solar panels on the land, but rather on property. Todd Taylor said he would take this suggestion back to OWASA. Commissioner Price referred to the Rogers Road project, and asked if the completion date of summer 2018 includes hook ups to all homes. Todd Taylor said it is his understanding that individual hooks ups will be done by the homeowners, and the timeline is for the infrastructure. Commissioner Price referred to working with the Health Department about fluoridation, and asked if this is inclusive of the whole County. Todd Taylor said this is still in the works, but OWASA would like to have the conversation about fluoridation with the entire community, and is seeking the assistance of the Health Department in this endeavor. Commissioner Price offered kudos for OWASA's efforts towards energy management. Commissioner Marcoplos asked if there is a status update on the re -use system. Todd Taylor said this system is working well, and UNC added the reclaimed water system to the wastewater plant. He said last year OWASA sold the largest amount of reclaimed water in its history. He said the growth of this system is at the maximum now. Commissioner Marcoplos asked if the record number is known. Todd Taylor said he thinks it was 2.6 MGD, and most of the hospital and campus chillers are on this system, as well as some irrigation. Commissioner McKee complimented OWASA staff on their professionalism around the greenway bridge project. Chair Dorosin referred to a point in the report about considering a reduction in the service availability fee /connection fee for homes that are 800 square feet or less, and asked if there could be some clarification on this topic, as it was his understanding for years that OWASA could not do anything about this fee. He also asked if the number of homes, that are 800 square feet or less, is known, and why the size of 800 square feet was chosen. Robert Morgan said nothing has changed on how the costs are calculated, but the State directed utilities to calculate the cost in a certain way, which OWASA has done. He said during this process, it was determined that the costs for smaller structures were less, and this is being recognized. He said he does not know how many homes of this size are in existence, but he can find out. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Chair Dorosin asked of there was a reason the size limit was set at 800 square feet, as opposed to 1000 or 1100 square feet. He said the idea sounds like a good one, but his concern is that it will not help many affordable housing projects. He said the Board of County Commissioners supports the goal of reducing housing costs, and he is not sure that this change will have a significant impact. Commissioner Marcoplos said the idea came about in consideration of tiny homes. Robert Morgan said he can research the number of units that fit this size limit, why the 800 square foot size was chosen, and whether there is any flexibility on this issue, and get back to the BOCC. Chair Dorosin said he is encouraged by this step, and affordable housing has become a real action priority amongst all local governments, but he suspects there are very few homes that are 800 square feet or less. Commissioner Price referred to the Tiny Homes Summit, and said this reduction in fees lays a foundation for tiny home communities to exist. Commissioner Price said different size homes are ruled by different regulations. Chair Dorosin said this progress for tiny home communities is excellent, but the cost of OWASA is a huge factor in the cost of housing, and he would like to see more help made available to the most people. b. FY2018 -19 Chapel Hill Carrboro City Schools (CHCCS) Continuation Budget The Board received an update on the current continuation budget projections for the FY2018 -19 Chapel Hill Carrboro City Schools budget. BACKGROUND: During the last collaboration meeting of the three Boards, Chapel Hill Carrboro City Schools requested the opportunity to appear before the Board of County Commissioners prior to the official start of the budget process. The request is an effort to be transparent with information early in the process so that the Board of County Commissioners is aware of the current reality in Chapel Hill Carrboro City Schools. The estimated local cost for potential state mandates is $3,057,231. This represents the estimated amount of funding needed to maintain the current educational services, programming, and staff. Re: 2018 -19 Preliminary Continuation Budget Each year the district prepares a continuation budget estimate to begin the budget development process. The continuation budget is an estimate of the additional funding needed to maintain our current educational services and programs. This estimate is based on the anticipated state salary increases and benefit cost increases that must be matched for locally paid employees. The continuation budget also includes estimated revenue increases as a result of student growth, special district tax inflation, and other miscellaneous revenue growth. We anticipate receiving our official state enrollment projection from the Department of Public Instruction by the end of February. At this time our continuation budget is based off the same growth as the state projected last year of 109 additional students. We project a $777,460 increase in local revenues from student growth and the special district tax inflation. We also project a $175,000 increase from all of the other revenue sources. A placeholder amount has been included in the preliminary budget for a 6.9% state pay raise for certified staff and a $1,000 increase of all other staff. This placeholder will also support the district meeting Orange County's living wage goals for all of our employees. We have also projected increases in the state retirement employer match rate as well as in the health 12 1 insurance rate. In total the estimated local cost for these potential state mandates is 2 $3,057,231. This represents the estimated amount of funding needed to maintain our current 3 educational services, programming, and staff. 4 5 District schools and central offices submitted budget requests as part of our budget 6 development process. Over $3 million was requested by school improvement teams and district 7 administrators to support unfunded educational needs of our students. Over the next two 8 months, these requests will be prioritized and may be included in the Board's budget request to 9 the Board of Orange County Commissioners. 10 11 Superintendent Pam Baldwin and Assistant Superintendent Todd LoFrese made the 12 following PowerPoint presentation: 13 14 Preliminary 2018 -19 15 Local Budget Review 16 Board of County Commissioners Meeting 17 February 20, 2018 18 19 2017 -18 District Highlights 20 • Restorative Practices & Discipline Data 21 • District -wide focus: Culture of Safety 22 • Co- located Mental Health 23 • CTE Fire and EMT programming 24 • Newcomer Graduates 25 26 2017 -18 District Initiatives 27 • The Innovation Project 28 • Northside AVID program 29 • Phoenix Evening Program 30 • TRAC Grant 31 • LAUNCH 32 33 Strategic Plan Development 34 • Student and Staff Forums 35 • Focus Groups 36 • Four Key Themes Emerge 37 o Whole Child 38 o Human Capital 39 o Organizational Structure 40 o Family and Community Engagement 41 42 Commissioner Rich asked if an update about the bus driver situation could be provided. 43 Superintendent Baldwin said there are driver sicknesses as well as vacancies that are 44 creating some route issues, and CHCCS has advertised this need across the district. 45 Todd LoFrese resumed the PowerPoint presentation: 46 47 Preliminary 2018 -19 48 Budget Drivers 49 • Legislative salary and benefit increases 13 1 • Impact of School Funding formula changes 2 • Renovations to school facilities 3 • Potential charter student increase — loss of State and Local funds 4 5 2018 -19 Student Enrollment Protection 6 2018 -19 Enrollment Projection 12,348 7 2017 -18 State Enrollment Projection 12,239 8 District Projected Enrollment Increase 109 9 10 Projected Local Revenue Increase 11 • County per pupil for enrollment change $ 431,067 12 • 1 % Inflationary increase to district tax 346,393 13 • Net change in other Local revenues 175,000 14 Total Net Increase $ 952,460 15 16 Projected State Mandates 17 State Mandates 18 • 6.9% State pay raise for teachers incl. benefits $ 1,488,731 19 • $1,000 pay raise for other employees 857,000 20 • State retirement match increase 21 (17.13% to 17.64% est.) 500,000 22 • Employer health insurance match increase 23 ($5984 to $6104 est.) 211,500 24 TOTAL OF CONTINUATION BUDGET REQUEST $3057,231 25 26 Local Expansion Budget Requests 27 Expansion Budget Requests 28 • Schools' Expansion Requests $2,070,750 29 • Support Services 345,000 30 • Transportation Department 55,218 31 • Facilities Department 133,000 32 • Exceptional Children's Department 382,988 33 • Curriculum and Instruction 163,300 34 TOTAL $3,150,256 35 36 TOTAL OF STATE MANDATES AND EXPANSION BUDGET REQUESTS 37 • State Mandates $3,057,231 38 • Expansion Requests 3,150,256 39 TOTAL $6207487 40 41 PROJECTED REVENUES COMPARED TO GRAND TOTAL OF REQUESTED 42 EXPENDITURES 43 • Revenue Increase $ 952,460 44 • Less: Grand total of request $6,207,487 45 • Budget Shortfall ($5,255,027) 46 47 48 Ad Valorem Tax Increase Reauired to Fund Budaet Shortfall 49 Using Current Year Valuation: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 14 County Ad Valorem Tax Increase $5,255,027/$1,069,015 = 4.91 cents $438 per pupil increase Local Fund Balance Projection • Assign $1,000,000 in Fund Balance for 2018 -2019 • Estimated year -end unassigned fund balance for June 30, 2018 is $6.9 million or 9% • The projected 5.5% target is $4 million • $2.9 million above the target Key Dates on the Budget Development Calendar • March 1 Superintendent presents recommended budget • March 15 Budget work session and public hearing • April 5 Board approves budget to be submitted to the County • April 24 Joint meeting of school board's for budget presentations to County The Main Priority is the students Chair Dorosin referred to a spreadsheet in the Commissioners' packet, specifically page three, and asked if this could be reviewed. Todd LoFrese reviewed the following information: CHAPEL HILL CARRBORO CITY SCHOOLS BUDGET UPDATE 2018 -19 SCHOOL YEAR PROJECTED ENROLLMENT CHARTER SCHOOL Funded Less: Out -of- District Estimate TOTAL STUDENT BILLING BASE Revenue at FY 2018 per pupil ($3,991) County Appropriation Special District Tax Prior Year District Tax Tuition Fines & Forfeitures Interest Earnings on Investments Other Local Revenues Total Local Revenue FY18 FY19 DIFFERENCE 12,239 12,348 109 162 162 - (241) (242) (1) 12,160 12,268 108 $ 48,530,521 $ 48,961,588 $ 431,067 $ 48,530,521 $ 48,961,588 $ 431,067 23,092,849 23,439,242 346,393 125,000 125,000 - 670,000 670,000 - 330,000 330,000 - 25,000 50,000 25,000 2,600,000 2,750,000 150,000 $ 75,373,370 $ 76,325,830 952,460 15 1 Fund Balance Appropriation 2 Local Operating Expenses 3 Total Local Budget 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 State Mandated Increases (estimate) Estimated Funding Gap $ 1,000,000 75,373,370 $ 76,373,370 1,000,000 76,023,568 $ 77,023,568 $ 3,057,231 (2,104,771) *Projected student enrollment based on DPI estimate from 16 -17 to 17 -18. Chair Dorosin referred to the 162 students attending charter schools, and asked if they are counted in the per pupil number, and if the money goes to the charter school with the student. Todd LoFrese said the charter schools provide documentation that they have CHCCS students enrolled in their schools, and on a monthly basis the budget and finance office writes a check to those charter schools for the per pupil equivalent. He said CHCCS are just a pass through for the charter school funding. Chair Dorosin asked if Orange County is also giving this money back to CHCCS. Todd LoFrese said it is included in the total student billing base number. He said CHCCS started with the projected enrollment of 12,239, and added the 162 charter students to that number. He said the out of districts students are backed out of that number, which leaves a total student - billing base of 12,160 students. Chair Dorosin said these 162 students are budgeted as part of the total student enrollment; their per pupil is sent to the charter schools, and then Orange County gives CHCCS this money again to replace this. He said Orange County holds CHCCS harmless under the current model, and Orange County is paying CHCCS as if the charter students are there. He said this is a fairly extraordinary thing for a County to do. Commissioner Price asked if the charter school students are only those who live in Orange County. Todd LoFrese said only the ones that live in the CHCCS district. Chair Dorosin said it does not matter where the students attend a charter school, as the money follows the students. Commissioner Price asked if the process would be the same if the charter school were within the CHCCS district Todd LoFrese said PACE Academy used to reside within CHCCS, and not only did CHCCS have to provide the per pupil from the County, but also had to provide the proportionate amount for the special district tax. Commissioner Price asked what would happen if there was a student from Durham County who attended PACE academy. Todd LoFrese this student would not be calculated in CHCCS numbers. Todd LoFrese continued to review page 3. Chair Dorosin asked if tuition is from out of district students coming into CHCCS. Todd LoFrese said yes. Chair Dorosin asked if there is a policy for setting this tuition number. Todd LoFrese said it is a CHCCS Board policy. Chair Dorosin asked if the only way one can attend CHCCS schools from out of district is by being a child of an employee. Todd LoFrese said yes. Commissioner Marcoplos asked if the cost for paying for custodians in house is known. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 16 Todd LoFrese said this information will be brought back to the BOCC at a later date. Commissioner Marcoplos clarified that this this cost is not currently part of the expansion budget. Todd LoFrese said that is correct. Commissioner Rich referred to the healthcare plan, and asked if it is purchased through the State. Todd LoFrese said it is prescribed to CHCCS, and it is the State health plan, and is not open for negotiation. Commissioner Price referred to the priority expansion request, and asked if it only refers to for operational expenses, and not capital. Todd LoFrese said yes. Chair Dorosin said having these early presentations was a good idea that came out of the school collaboration meetings. 5. Public Hearings NONE 6. Regular Agenda a. Greene Tract Conceptual Plans The Board considered development and preservation alternatives for the Greene Tract and authorize staff to communicate the Board's preferences to the Towns of Chapel Hill and Carrboro. These preferences include decisions on: 1. Reconfiguration of the Headwaters Preserve area; 2. Size of the development and preservation areas within the Greene Tract; 3. Density of the development area; 4. Land uses and affordable housing preferences in the development area such as a. Single use (residential) versus mixed use development (residential and commercial) b. Affordable housing versus mixed income /market rate housing c. Goals for the number or proportion of affordable units Upon receipt of feedback from both towns, County staff - in concert with town staffs - will prepare a draft resolution for future approval by the Board of Commissioners, the Chapel Hill Town Council and the Carrboro Board of Aldermen to codify the preferences /input from all three entities. With adoption by all three governing boards, the resulting resolution would supersede the 2002 Resolution that outlined the County and Towns' intentions for developing the Greene Tract. BACKGROUND: The Greene Tract is a 164 acre parcel of which 104 acres is jointly owned by Orange County, Chapel Hill, and Carrboro. The remaining sixty (60) acres is owned by Orange County and has been designated as the Headwaters Preserve. Last year, the owners of the jointly owned portion of the Greene Tract agreed to have the Mayors and BOCC Chair consider different preservation and development options for the property. This discussion resulted in three alternatives that illustrate high, medium, and low development intensities. All of the alternatives include an elementary school site, a site for a future park, the preservation of significant environmental and cultural areas, and a preliminary road network and infrastructure design. The three alternatives also consider the project area's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 17 current environmental conditions, elements of the 2002 Joint Governments' Resolution, the Rogers Road Task Force report, the Mapping Our Community's Future report, and previous land use discussions. These three alternatives are contained in Attachment 3. In addition to the high, medium, and low development intensity scenarios, the Mayors and Chair requested an examination of the entire Greene Tract, including the Headwaters Preserve, in an effort to preserve the most environmentally sensitive areas and to develop the most appropriate areas of the entire 164 acre Tract. As a result, staff amended the proposed conceptual plan, reconfiguring the Headwaters Preserve and the jointly owned areas. This reconfiguration maintains the same total acreage for each of the areas but aligns them differently. The reconfigured tracts were drafted with environmental staff from the Town of Chapel Hill, the Town of Carrboro, and Orange County in order to create new parcels which endeavored to protect environmental features and habitats located on site. The proposed reconfigured Headwaters Preserve area alternatives are also contained in Attachment 3. Attachment 4 includes land use and density outcomes for the different alternatives. Attachment 5 includes potential affordable housing outputs based on different affordable housing proportions. Greene Tract Conceptual Plans Information on Factors Considered During Creation Process The staff - created conceptual plans for the Greene Tract are a result of several months of iterations and input from a variety of staff from the three jurisdictions. While planning staffs were the lead on creating the conceptual plans, input was also sought and incorporated from environmental and stormwater staffs. The following information addresses some anticipated questions regarding why the conceptual plans are presented as they are. Environmental Features Although the Greene Tract lies entirely within the planning jurisdiction of the Town of Chapel Hill, 104 acres of the Greene Tract are co -owned by Orange County and the Towns of Chapel Hill and Carrboro while 60 acres are owned solely by Orange County. Planning staffs chose to apply the most stringent development regulation of the three jurisdictions when determining stream and wetland buffers and preservation of other environmental features such as forest types. For example, if one jurisdiction requires a 50 -foot stream buffer and another requires a 65 -foot stream buffer, a 65 -foot stream buffer was used as the stream buffer on the conceptual plan. The Upland Hardwood Forest areas were slated for preservation as at least one jurisdiction would normally request /require preservation of these types of forests if a development proposal were made. Road Configuration All previous planning efforts of the Greene Tract /Rogers Road area have strongly stated that Purefoy Drive and /or Lizzie Lane should not be the only access to the Greene Tract. Connections to the south, north, and /or east must be made. The early iterations of maps (not included in materials) sought to avoid a stream crossing and connected to Merin Road, near the southeast corner of the Greene Tract, by traversing the area between two stream buffer areas. However, this configuration was revised as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 environmental and stormwater staff members stated that a stream crossing would be preferable to impacting the Upland Hardwood Forest areas while also bisecting preserve connectivity. Staffs have spoken with Norfolk Southern railroad representatives regarding a crossing on the east side of the Greene Tract. While Norfolk Southern is amendable to reviewing any requests, the railroad generally requires closure of at least one existing crossing for each new crossing. Staff has not been able to identify existing crossing(s) that could be proposed for closure in order to make a connection from the Greene Tract to Weaver Dairy Road Extension to the east. A connection to the north (to Eubanks Road) might be possible through an edge corridor of the "Neville Tract" if an alternative site can be found to conduct the Solid Waste activities occurring on the Neville Tract. Reconfigured Preserve Area Quarterly "Managers, Mayors, Chair" (MMC) meetings have been taking place to provide the opportunity for staffs and the Town /County managers, Town mayors, and County Chair to meet and receive updates /guidance on Rogers Road sewer system and planning issue status, including progress on Greene Tract planning. Staff received direction to consider the reconfiguration of the County -owned 60 -acre portion of the Greene Tract to encumber the most preservation - worthy lands. Staffs conducted the analysis and the conceptual plans incorporate a reconfigured County -owned preserve area. If a reconfigured preserve area is desired, future work would include re- platting the parcels to reflect different parcel boundaries and ownership from those that currently exist. Travis Myren said his PowerPoint presentation does not contain new information, since the BOCC reviewed this topic at the Assemblies of Governments (AOG) meeting. He said Commissioner Jacobs reminded staff that the Board wants to take a walking tour of the property, and this will be done prior to the development of a resolution. He said the Housing Coalition and Rogers Road Neighborhood would also like to be part of the conversation, and staff will check in with both of these groups. Travis Myren made the following PowerPoint presentation: Greene Tract Conceptual Plan February 20, 2018 Item 6 a Purpose • Consider the development and preservation alternatives for the Greene Tract • Potential reconfiguration of the Headwaters Preserve • Size and location of development and preservation areas • Density of the development area • Land use and affordable housing goals • Single use vs. mixed use • Affordable housing only vs. mixed income with market rate • Goals for the number and proportion of affordable housing Next Steps o Communicate Board's preferences to Towns 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 19 • Walking Tour of the Property • Receive feedback from Towns • Consult with Affordable Housing Coalition • Check in with Neighborhood • Prepare and act on joint resolution for Greene Tract development Greene Tract Approximately 164 total acres 0 104 acres jointly owned by Orange County, Town of Chapel Hill, and Town of Carrboro 0 60 acres owned by Orange County — Headwaters Preserve • Originally Solid Waste Property • General Fund Purchased in FY2016 -17 • Designated for low impact recreation and preservation o Neville Tract ■ Solid Waste Owned ■ Provides soil cover for C &D Landfill Background • Rogers Road Task Force Report • Open Space • Schools • Affordable Housing • Mapping Our Community's Future Report • Open Space and Recreation • Connectivity — avoid over burdening existing roads • Preserve neighborhood character • Opportunity for mixed uses • Communicate with neighborhood • 2017 Managers, Mayors and Chair's Meetings • Create three development area scenarios (Large, Medium, Small) • Consider total development area to include 60 acre Headwaters Preserve Scenario Assumptions • Joint Development • Apply most stringent development regulations • Preserve natural areas for preservation, recreation • Protect areas of cultural /historic significance • Develop connectivity /road network • Create development area for affordable housing opportunities and /or mixed use potential • Retain area for a school site Headwaters Preserve Potential Reconfiguration (map) Headwaters Preserve Potential Reconfiguration • Maintains current acreage balance 0 60 acres owned by County 0 104 acres in Joint Ownership c 1 Advantages 2 o Creates a continuous environmental corridor 3 ■ Upland Hardwoods 4 ■ Wildlife Habitat 5 ■ Historic /Cultural Sites 6 o Consistent County ownership 7 8 Disadvantages 9 o Separates potential development areas 10 o Creates access challenges for eastern development area 11 ■ Railroad crossing on eastern boundary 12 ■ Northern road required for access 13 14 Development Area — Large (map) 15 16 Development Area — Large (tables) 17 • Development /Preservation 18 • Unit Output Potential 19 20 Development Area - Large 21 • Advantages 22 o Creates largest area for housing development 23 o More acreage to offset development costs per acre 24 o Double road frontage 25 • Disadvantages 26 o Least amount of preservation 27 o Increased impervious surface 28 o Greater traffic impacts depending on density 29 30 Development Area — Medium (map) 31 32 Development Area — Medium (tables) 33 • Development /Preservation 34 • Unit Output Potential 35 36 Development Area - Medium 37 • Advantages 38 o Wetland buffer adjacent to wildlife corridor 39 o Additional preserve 40 o Double road frontage 41 • Disadvantages 42 o Fewer units possible: 242 -72 depending on density compared to large 43 development area 44 o Less development to offset infrastructure /affordability 45 46 Development Area — Small (map) 47 48 Development Area — Small (tables) 49 • Development /Preservation 21 1 Unit Output Potential 2 3 Development Area – Small 4 • Advantages 5 o Additional preserve 6 o Wildlife corridor– landscape connectivity 7 o Fewest traffic impacts 8 • Disadvantages 9 o Fewer units possible: 138 -690 compared to large development area 10 o Less development to offset infrastructure /affordability 11 12 Development /Preservation Areas (pie charts) 13 14 Density- photos 15 - Low -4 -6 units per acre 16 - Medium -6 – 10 units /acre 17 - Large- 10 -20 units per acre 18 19 Unit Potential by Density (graph) 20 21 Land Uses (photos) 22 - Residential 23 - Commercial 24 - Mixed Use 25 26 Mixed Use /Mixed Income Affordable Housing Potential – Headwaters Existing (table) 27 (If mixed income development – % of affordable housing shown at bottom left) 28 29 General Conclusions 30 Headwaters Existing vs. Headwaters Modified 31 o Modified allows continuous environmental corridor with continuous ownership 32 o Modified produces larger development areas and unit outputs 33 o Modified yields less area for preservation and land banking 34 o Modified needs to be ground verified 35 o Modified presents access challenges by separating development areas 36 Development Area 37 o Larger development areas produce more potential units except in small area 38 where unit outputs are approximately the same 39 o Larger development areas have less preservation areas 40 o Larger areas allow more potential for other development to subsidize 41 infrastructure costs and affordable units 42 Density 43 o Higher density produces more potential units 44 o Higher density allows more opportunity to offset costs of infrastructure and 45 affordable unit costs 46 o Low to moderate density more consistent with current neighborhood 47 • Land Use 48 o Mixed use /mixed income provides opportunity to offset infrastructure and 49 affordable unit costs 50 o Mixed use /mixed income yields fewer affordable units 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 22 o Single use for affordable housing requires more public subsidy Decision Points • Consider the development and preservation alternatives for the Greene Tract • Potential reconfiguration of the Headwaters Preserve • Size and location of development and preservation areas • Density of the development area • Land use and affordable housing goals • Single use vs. mixed use • Affordable housing only vs. mixed income with market rate • Goals for the number and proportion of affordable housing Next Steps • Communicate Board's preferences to Towns • Walking Tour of the Property • Receive feedback from Towns • Consult with Affordable Housing Coalition • Check in with Neighborhood • Prepare and act on joint resolution for Greene Tract development Commissioner Jacobs referred to the Neville Tract, and said he thought it was used for borrowing soil to cover landfills. He asked if a portion of this tract can be rehabilitated to support a road. Travis Myren said Solid Waste has borrowed up to the property line, and it is tapered. He said engineering and fill would be required, and there is not sufficient undisturbed width to support a road north of the property line. Commissioner Jacobs said the County has the equipment to do this, and using it to make a roadbed would be a preferable option to other possible approaches, such as asking the railroad. Commissioner Jacobs said the walk through needs to take place before he feels comfortable making a recommendation. Commissioner Jacobs asked if land banking can be defined. Travis Myren said an undefined current use that would require some further action to put it into active use. Commissioner Jacobs asked if land is land banked does that mean it will be developed, or it is undetermined. Travis Myren said undetermined at this point, and until there is some affirmation action taken by Board of County Commissioners, it will not be developed. Commissioner Jacobs said part of the reason the County kept the east part of the land in Orange County ownership, is because there is a rail line there and a County controlled rail stop may be built at some point. He said the BOCC may want to keep this in mind, and incorporate it into future plans. Commissioner Rich asked if clarification could be provided regarding a "County controlled rail stop ". Commissioner Jacobs said this would be on Orange County property, and the County could put a rail stop there. He said it was a visionary plan, and there is nothing planned. Commissioner Jacobs referred to the "low scenario," and said he did not understand why the wild life corridor preserve was only included in this scenario, as opposed to all three. Travis Myren said it is in the low and medium, but it is not continuous in the large. Commissioner Jacobs said he applauded the incorporation of a wildlife corridor, but if it is not a corridor, it does not serve the wildlife. He said whether long or narrow, or headwaters 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 23 modified versus a chunk, is preferable is something he cannot answer, but he would like more information. Commissioner Jacobs said he does not understand why a higher density could not be done anywhere. Travis Myren said the development area by the potential densities would be applied to each size of development area. Commissioner Jacobs said he does not understand why it is assumed in the small scenario that the density is low, as opposed to high density all the way through. Commissioner Jacobs said he does not want to make this land into a "new ghetto" by packing the largest possible amount of people onto the land. He said he is in favor of having mixed use and a variety of housing types, but he does not understand why the density assumptions are being made, especially in the small scenario. Travis Myren said in an unbounded thought exercise, one could see how high the density could go. Commissioner Jacobs said some open space would be required, but he questioned the assumption that one would automatically yield the fewest units, unless the BOCC decides it is going to yield the fewest units. He suggests that a range of units may be a better way to think about it. Travis Myren said he understands Commissioner Jacobs' comments. Chair Dorosin said he does not understand, and he thought this was a good way to compare the scenarios, because the same metrics is being used for each. He said it does not have to be 20 units, 10 units, and 6 units, but these numbers are benchmarks. He said he is referring to slide 16. Chair Dorosin said the presentation lays out three different options for how much developable area there will be, based on how the headwaters are configured. He said the metrics are being applied to these three different total acreage numbers. Commissioner Jacobs said there could be a target number of units, as opposed to a target number of acreage, and design something less dense, and more livable. Travis Myren said the reason why the 39 acres times 20 does not work, is because the 39 includes the school site, the road, etc. He said a subset of those 39 acres would be available for housing. Commissioner Jacobs asked, if there is mixed use, is it counted separately yet again, or is it a part of the housing. Travis Myren said that would be part of the housing. Commissioner Jacobs said the inclusion of commercial development has been part of the debate from the beginning, and the issue of food deserts makes this particularly germane. Commissioner Marcoplos said food deserts and jobs, and he would be in favor of mixed use. He said the eastern side has always intrigued him because it allows easier access to existing transportation and food. Commissioner Marcoplos asked if there is a reason why this railroad track is such an insurmountable obstacle. Craig Benedict, Planning Director, said there are no new crossings allowed over the rail, and adding one requires the removal of two existing crossings. He said the existing crossings, at Homestead and Eubanks roads, are critical. He said if the North Carolina Railroad (NCRR) were to abandon this rail in the future, there would be no problems. He said Orange County will submit an application, but NCRR has recommended that the County find another access point from the north or south. He said there is possible access to the north through Genestu Drive, next to the Animal Shelter, but some right of ways would be needed from property owners. Commissioner Marcoplos asked if NCRR has the same criteria for a freight train travelling at 60 miles per hour, and a coal train that is crawling along. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WE Craig Benedict said yes, and the possibility of a new rail crossing is minimal. Commissioner Marcoplos asked if Norfolk- Southern is a private company. Craig Benedict said Norfolk- Southern has the use of the right of way from the State. Commissioner Marcoplos asked if anyone has approached Norfolk- Southern to see if they will change their mind. Craig Benedict said they are in the mode to close private crossing throughout the state, and close public crossings where they can, NCRR has rerouted roads rather than closing crossings. Commissioner Price asked if they are discussing at grade crossings. Craig Benedict said yes. Commissioner Price asked if, this area would be developed; would there be any at grade, open crossings. Craig Benedict said one suggestion was to have a grade crossing, as there seems to be no way to go under or over it. He said the likelihood of NCRR approving this is minimal. Commissioner Price asked if there would be trains going through the property without signals, and bars to alert people to the train's presence. Craig Benedict said the train is only used to transport coal to UNC, and there are no crossings being suggested for this site. Commissioner Price referred to the buffer, and asked if the buffer is a long standing policy, or a current recommendation. Craig Benedict said the wetlands necessitate required buffers. Commissioner Price asked if the size of the buffers is an existing requirement. Craig Benedict said the buffers are required, and the County has expanded them beyond the regulated size. He said these policies exist amongst the local governments. Commissioner Price said what bothers her is that the County is considering this project in isolation to the rest of the neighborhood, and without seeing what else is around the proposed development area. She said she would like the Board to be cognizant of this, and she requested working with the surrounding neighborhoods in an ongoing manner as the process moves forward, as opposed to at the end of the process. Craig Benedict said Reverend Campbell has been a good attendee of all staff meetings, and is already providing input. He said staff will do some ground trooping as it receives direction from the BOCC. He said the land will likely be a mixture of low, medium, and high density. Commissioner Price requested again that there be more interaction with the different residential communities that would surround this area. She said she would like to see some mixed use, such as a small business incubator, included in the conversation. Craig Benedict said this is a part of the mixed use discussions, and staff has heard from professionals, who build mix use, about the importance of considering the amount of critical mass that is needed to create enough traffic to get people to use retail and incubator space, in connectivity to different roads. He said eventual roads to the north and south will be important to create the critical mass of traffic. Commissioner Price said she is not thinking of a huge commercial development, but rather a centralized small business space for people in the neighborhood, or a small health clinic. She said there are a lot of residents in this area, and she would like to see them more involved in the conversation. Commissioner Jacobs thanked the Chair and the staff for being creative, and he said this is one of the most undisturbed natural areas in Chapel Hill. He said it would be useful to see more of where the roads are going to go out of the area, and it is important to make sure the neighborhoods are kept informed through neighborhood meetings. He said Reverend 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 25 Campbell is only one person, and it would be smart and kind to include the whole neighborhood. Bonnie Hammersley said to Commissioner Price and Commissioner Jacobs that one of the reasons this item was brought forward tonight is get the Board's input, and staff is fully aware of what they need to do with the neighborhoods. She said a community meeting should be held going forward, as well as using the report from the Jackson Center. Chair Dorosin said the community has expressed concern about the traffic being dumped on Purefoy Road, and the importance of having other access points to Eubanks Road. He said part of the goal in adding this to the agenda is to keep the discussion moving forward. He said the maps are misleading as to what can be developed, and the idea of having this natural corridor, and recognizing that the SW corner of the current headwaters preserve is good developable land. Chair Dorosin said this is the greatest potential for the Board to create affordable housing, and he sees Orange County as the driver of this process. He said, preliminarily, he supports the medium or larger amount of developable area, to create the maximum number of options. Commissioner Marcoplos asked if there is a timeline for this project. Chair Dorosin said there is not a particular timeline, so Orange County can drive the timeline. He suggested scheduling the walk about as soon as possible. Commissioner Marcoplos asked if all of the governments will do the walkabout. Chair Dorosin said yes. He said there is an urgency to proceed, and part of the community's concern is if anything is ever going to happen. Commissioner Rich said the Manager's recommendation calls for feedback from the Towns by May 1, 2018. She said a walk through should happen soon, in order to comply with this recommended date. Commissioner Jacobs said staff does not need a surveyor to come to the property. He said there have been several problems with the Greene Tract over time: one jurisdiction did not want to pay for its part; the recession in 2008; and there was a lot of objection to mixed use in the early 2000s. He said those who were advocates for affordable housing rotated off of boards, and the momentum slowed. Commissioner McKee said whichever alternative is chosen, he would suggest starting with the most developable property, while maintaining the best preservation corridor. He said there is no requirement that all of the property be developed, and it is easier to start with a high level and work down, than to start at a low level and work up. Commissioner Burroughs said it makes sense to look at the headwaters modified, as the corridor is in all three options. She agreed with Commissioner McKee's point of starting high and working down, if necessary. Commissioner Jacobs agreed with Commissioner McKee, and said to preserve as much of the significant natural areas as possible, and then go with the highly developable areas. Chair Dorosin said it sounds like there is consensus to: • Modify the headwaters preserve, with the goal of creating, or protecting, the natural north -south corridor, with the exact boundaries to be determined; • Begin with the highest developable areas; • Keep to the timeline established of May 1, and communicate this to the Towns; • Set up the walking tour as soon as possible; • Have a community -wide meeting, presenting that which has been learned, between the walking tour and May 1. Commissioner Rich asked if Carrboro is still engaged in this project. 26 1 Chair Dorosin said yes, at least through the May 1s` deadline, and if the Board felt 2 Carrboro should ultimately not be involved, then Carrboro would consider stepping back. 3 Commissioner Price said it would be good to speak with St. Paul's Village. 4 Chair Dorosin agreed, and thanked staff from across the County for working hard on this 5 project. 6 7 7. Reports 8 9 a. Orange County Sheriff's Office Portable Audio /Video Recorders Policy 10 The Board discussed the Sheriff's Portable Audio /Video (body -worn cameras) Records 11 Policy. 12 13 BACKGROUND: 14 At the February 6, 2018 Board of Orange County Commissioners meeting, the Board received 15 a presentation on Motorola's Digital Evidence Management Solutions 16 (DEMS) and introduced the SI -500 Body Camera and Command Central Vault. Orange County 17 Sheriff Charles S. Blackwood responded to questions from Board members about the possibility 18 of equipping Sheriff's Deputies with these body -worn cameras (BWC). During the conversation, 19 the Board expressed interest in revisiting the discussion after having a chance to review the 20 Sheriff's Portable Audio /Video Records Policy, which was distributed at the meeting. 21 22 Jennifer Galassi, Legal Advisor, said the policy tracks with State law, as well as best 23 practices. She said many of the parameters of the policy are already established based on the 24 relatively new North Carolina General Statue, which excludes recordings from the public 25 records designation, and sets out the process for seeking disclosure, and /or release of 26 recordings. She said the State's records and retention schedule for Sheriffs' offices, which this 27 body adopted, and the office adheres to for retention policies. She said this is the framework 28 into which the policy fits. She said the statute requires all law enforcement agencies that use 29 body cameras to have a policy that addresses the use of those devices, and places restrictions 30 on when a recording may be reviewed and released, both internally and to the public. 31 Jennifer Galassi said the statute does not address what the policy must address. She 32 said there are issues such as when to activate the body -worn camera; what should guide the 33 Sheriff's decision to allow disclosure, when that request is made; or when the Sheriff should 34 seek a court order to release a recording. She said all of these areas are within the Sheriff's 35 purview to establish in his /her policy. 36 Jennifer Galassi said she is here this evening to entertain the BOCC's comments, and 37 suspects most will center around social justice and issues of civil liberties. She said it is 38 important to remember that this policy has not yet been issued, as the Sheriff's office does not 39 yet have the body -worn cameras. She said all policies are open to revision and changes when 40 laws change, or better practices are encountered. She highlighted some issues of particular 41 interest to the Board: 42 • This is just another piece of equipment that will be assigned to their officers. As with 43 any equipment, the officer is responsible for insuring, prior to going into service, that it is 44 in good working order. 45 • The policy will outline the specific situations when the body -worn cameras should be 46 activated. The policy states that not every scenario can be foreseen, but it focuses on 47 two touchstones of when a recording should begin: when it is appropriate or valuable to 48 record the incident. An officer is called upon to exercise his /her discretion when making 49 that determination. Good training will be very important 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 27 • What to do when privacy issues are encountered. The policy envisions a balancing test that will be employed to weigh the privacy interests of an individual against the legitimate law enforcement interests. If the privacy interests outweigh the law enforcement ones, the decision would weigh in favor of turning off the recording device. • The policy indicates that officers will never be asked to jeopardize their safety by turning on the camera, and will be guided by a standard of reasonableness. • The policy addresses when turning off the device is appropriate, which is usually when the officer's direct participation in an incident is completed, if the set out criteria no longer fits, significant periods of inactivity, etc. • The State's retention schedule for Sheriff's offices, which Orange County has adopted, sets the floor for the different timelines for how long things should be retained. The State sets it at 30 days, and Orange County's policy requires 180 days, at the minimum. Any misdemeanor would require a 3 -year retention period, and any felony would require a 20 -year retention period. Commissioner Price said in the purpose and scope section, it refers to "portable and mobile," and asked if Jennifer Galassi could differentiate between the two. Jennifer Galassi said an officer using a personal device is still subject to this policy. Commissioner Price referred to the second paragraph, and said it does not apply to mobile audio -video recordings. Jennifer Galassi said it reads "mobile, audio, or video recordings, interviews or interrogations..." and this is modifying what comes after it. She said it is taking out of this policy interviews, interrogations, recordings that are made within the Sheriff's office, or taken from an undercover officer, wire taps, or eavesdropping. Commissioner Price said some of the language reads, "should" instead of "shall," and asked if there is specific reasoning behind this. She read the following as an example: "when using a portable recorder, the assigned member should record his /her name." She asked if there is a reason the officer is not required to record his /her name. Jennifer Galassi said that is envisioning what it then goes on to discuss. She said she does not know how their particular system will work, and it is envisioned that each unit is going to be assigned to one particular officer, and so the system will be set to an individual, and thus recording a name will be unnecessary. Sheriff Blackwood said the devices will be issued, and the computer index will have the officer's name on it, and it will be theirs to keep with them all the time. Jennifer Galassi said they have envisioned having additional devices in the event there is a malfunction with one. She said in this scenario, the officer will have to manually assign themselves to the device. Commissioner Marcoplos said it sounds like a lot will be learned with experience, and asked if there are any process or evaluation techniques in mind. Jennifer Galassi said it will be a learning curve as things occur. She said issues can be anticipated, but as soon as the officers have the devices, further input and feedback will be gathered. Chair Dorosin said last time this topic was discussed, Sheriff Blackwood said the policy would say that if someone wanted to see a video, they would be permitted to do so; but he said he does not see that allowance in policy 803. Sheriff Blackwood said it is in the general statute, and if it is not in the policy, it will be added. Chair Dorosin said the General State Statute says a video "may" be disclosed, and he understood that Orange County will make the wording that a video "will" be disclosed to a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 N requesting party contained within the video recording. He said if this is true, he would like to see if reflected in the policy. Jennifer Galassi said the only reference to this point is in 803.50. Chair Dorosin said he would like to see this specifically added to the Orange County policy. Chair Dorosin said a concern that has occurred in other places is officers turning off cameras before an incident takes place. He said policy 427 says, "the recorder should remain on continuously," and he asked if it would be worthwhile to make this language stronger. He said the question is how the discretion is monitored, and asked if the policy can include how they would determine if discretion were utilized appropriately. Jennifer Galassi said a violation of this policy is treated as any other violation, and internal affairs conducts an investigation and disciplines as appropriate, up to, and including, termination. She said policy 427.8 addressed the monitoring question, and supervisors are encouraged to spot check and monitor how things are going. Sheriff Blackwood said this is another piece of equipment, but it is a unique one. He said the concept of trust is being built on the legitimacy of what the officers are doing. He said nationally there have been studies that indicate officers are completely forgetting that the cameras are on, and are acting inappropriately. He said these scenarios speak to the culture of specific agencies and communities, and Orange County has a good agency and community, and a level of trust they do not want to jeopardize. He said there will be strong oversight of this equipment, and its use by Orange County officers. Chair Dorosin said he appreciated that, but this is unique equipment, and he would like this policy worded as strongly as possible. He said he believes Sheriff Blackwood has made this commitment to the community, and he would to see it reflected in the policy with a line that says that violations of this policy will be treated pursuant to, etc... Commissioner Price said there is several "shoulds" in the language, which give too much leeway, and she would like to see stronger language. Sheriff Blackwood agreed. b. Update on the Mobile Home Parks Initiative The Board received an update on the activities undertaken to date, as well as those that are upcoming, as it relates to the County's Mobile Home Parks Initiative. Sherrill Hampton, Housing Director, said this initiative is an inter - departmental and multi - jurisdiction collaboration. She reviewed the yellow sheet at the Commissioners' places: a revised draft strategy from Chapel Hill regarding the Lakeview Mobile Home Park. She said Chapel Hill has developed and completed the residents' survey, which the County will use with a few tweaks. She said Chapel Hill is conducting its due diligence. Commissioner Price asked if Chapel Hill has plan in place. Sherrill Hampton says Chapel Hill is continuing discussions with the developer, and is considering several sites and funding sources, but has not shared specifics. She said the conversations with the residents are very important. Commissioner Price asked if there is a hold on evictions. Sherrill Hampton said she does not know, and they will continue to update the Board of County Commissioners as information is received. Chair Dorosin said he spoke to the Mayor of Chapel Hill, and the developer has been cooperative, and has not submitted anything yet to the Town. He said some residents do not have leases anymore, and are living month to month. Sherrill Hampton said yes, that is correct. She said mobile home park owners have to comply with the 180 -day North Carolina statute for closure. Commissioner Jacobs said Sherrill Hampton asked if the Town is looking at parcels. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 we Sherrill Hampton said yes, the Town is examining Town -owned properties, and other locations. Commissioner Jacobs said there is a parcel of land on Homestead, and asked if the Town is considering that parcel. Sherrill Hampton said she does not know if that is one of the sites being considered. Commissioner Jacobs said since the County and Town are working as partners, it seems information should be shared. He said he would hate to see opportunities lost, or conclusions reached without discussion amongst partners. Commissioner Jacobs asked the Managers to talk about having more open conversations. Chair Dorosin said he made that point to the Mayor today, and reiterated the County's desire to have Sherrill Hampton included in all discussions. Sherrill Hampton said Town staff is in communication with her. Commissioner Marcoplos asked Chair Dorosin if Mayor Hemminger mentioned in any way, shape or form, that Chapel Hill has land that it is considering. Chair Dorosin said the Mayor said the Town is looking at Town -owned parcels, but did not identify specific parcels. He said the Mayor reported the Town is feeling positive about the Millhouse Road location. Sherrill Hampton reviewed the following information: BACKGROUND: For many years the Orange County Board of County Commissioners has had a keen interest in addressing the vulnerability of residents living in mobile home parks and allocated funding to address land banking for mobile home parks and /or to assist in the acquisition of property for future residential development as an affordable housing alternative. As a result of the Board action approving funding, a multi- sector Affordable Housing /Mobile Home Park Work Group was formed. On November 20, 2017 the Work Group presented the Board of County Commissioners (BOCC) with its recommendations on strategies for mitigating resident displacement and relocation challenges due to park closures and redevelopment efforts. The BOCC approved the recommendations and requested that County staff develop a Rapid Response Protocol in order to allow for timely, coordinated action when mobile home park closures occur. TIMELINE /RECENT AND UPCOMING ACTIVITIES: • Discussions with the Towns of Carrboro, Chapel Hill and Hillsborough began before and have continued since the BOCC's November 2017 approval of the Work Group recommendations. Discussions focus on the development of a coordinated approach between the jurisdictions and sharing of pertinent information. • January 2018 — Orange County staff learned of a potential mobile park closure, and Town of Chapel Hill staff shared notice regarding the potential closure and redevelopment of the Lakeview Mobile Home Park. • January 16, 2018 — County staff held a meeting of the Work Group to receive input and comments on the draft Rapid Response Protocol. • January 23, 2018 — County staff presented a proposal to use a portion of the County - owned Millhouse Road property as a potential site for a new mobile home park to the Board of Orange County Commissioners. The Board approved moving forward with completing a full assessment of the proposed site, including an environmental and engineering study, as well as initiation of the rezoning process, as applicable. • January 30, 2018 — The approved Work Group recommendations, along with a synopsis of the proposed Millhouse Road project, were presented at the 2018 Assembly of 30 1 Governments meeting. Additional input and comments were gathered as to the creation 2 of a comprehensive and coordinated strategy regarding the Mobile Home Park Initiative. 3 • January 30, 2018 — The Town of Chapel Hill developed a response strategy for the 4 proposed closure of the Lakeview Mobile Home Park and shared that information with 5 Orange County staff. 6 • February 1, 2018 — County staff learns of the proposed displacement of residents at the 7 Homestead Mobile Park located in an unincorporated part of the County outside of 8 Chapel Hill. The Homestead Mobile Home Park includes approximately nine (9) homes 9 that would be affected by the closure. Staff had a conversation with the Park owner to 10 discuss the situation. Conversations with the Park owner will continue throughout the 11 process. 12 • February 9, 2018 — County staff convened an initial meeting of the Rapid Response 13 Team to plan for a community meeting with the Homestead Mobile Home Park 14 residents. 15 • The County Manager has invited both Chapel Hill - Carrboro City Schools and Orange 16 County Schools to be a part of the Mobile Home Park Work Group and the Rapid 17 Response Team. 18 • February 24, 2018 — A meeting is planned with the residents of the Homestead Mobile 19 Home Park (map) to gather their input and comments, as well as ascertain their needs 20 given the proposed displacement. The meeting will be held at the New Hope Camp and 21 Conference Center starting at 10:00am- 1:OOpm. 22 • County staff continues to conduct due diligence on the Millhouse Road site and other 23 identified strategies, including identifying cost centers and gathering applicable pricing 24 information. 25 • By March 16, 2018, the Rapid Response Team will meet again, debrief on the February 26 24th meeting with residents and provide input on the draft proposal to the County 27 Manager as it relates to the provision of services for the Homestead Mobile Home Park 28 residents. 29 • By March 23, 2018 and based on the findings from the February 24th meeting, staff will 30 present a proposal, including applicable cost, to the County Manager as it relates to the 31 provision of services for the Homestead Mobile Home Park residents. 32 • By March 30, 2018, County staff will convene a meeting with mobile home park owners 33 within the County. Work Group members and a representative from the Rapid 34 Response Team will participate in the meeting. 35 • Periodic updates to the Board of County Commissioners will continue throughout the 36 process. 37 38 Chair Dorosin asked if Sherrill Hampton would update the Board of County 39 Commissioners after the February 24th meeting, and after the surveys are completed. 40 Commissioner Jacobs said to Sherrill Hampton and Craig Benedict that the vendor from 41 the tiny home meeting last night might be a useful source of information to pursue, prior to 42 involving a consultant. He said the vendor is Kimberly Brewer. 43 Commissioner Marcoplos said he has her contact information. 44 Commissioner Rich said she would like to talk about Millhouse Road as a neighborhood, 45 instead of an industrial site. She said it is important to include these neighbors into activities 46 that are going on in that area. 47 8. Consent Agenda 48 49 Removal of Any Items from Consent Agenda 50 8 -e: Commissioner Jacobs and Commissioner Price 31 2 Approval of Remaining Consent Agenda 3 4 A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to 5 approve the remaining items on the Consent Agenda. 6 7 VOTE: UNANIMOUS 8 9 Discussion and Approval of the Items Removed from the Consent Agenda 10 11 e. Resolution in Opposition To Offshore Exploration, Drilling Activities and Seismic 12 Blast Activities Off the Coast of North Carolina 13 The Board considered voting to approve a Resolution, which is incorporated by 14 reference, in Opposition To Offshore Exploration, Drilling Activities and Seismic Blast Activities 15 Off the Coast of North Carolina and authorize the Chair to sign. 16 17 Commissioner Price said this is an important resolution, even though similar resolutions 18 have been passed in previous years. She said she would like to have this resolution sent to the 19 organizations that are mentioned in the resolution, as well as to all other counties in North 20 Carolina. 21 Commissioner Jacobs said that he wanted to highlight this resolution, and heard 22 yesterday that 70 scientists have written a letter to the Department of the Interior, objecting to 23 the seismic testing because it is so harmful to marine mammals, and its consequences are 24 unknown. 25 26 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to 27 approve a Resolution in Opposition To Offshore Exploration, Drilling Activities and Seismic 28 Blast Activities Off the Coast of North Carolina and authorized the Chair to sign. 29 30 VOTE: UNANIMOUS 31 32 a. Minutes 33 The Board approved the minutes from January 26 and 30, 2018 as submitted by the Clerk to 34 the Board. 35 b. Fiscal Year 2017 -18 Budget Amendment #6 36 The Board approved budget and grant project ordinance amendments for fiscal year 2017 -18 37 for the Department on Aging, and Animal Services. 38 c. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro 39 City Schools (CHCCS) and Contingent Approval of Budget Amendment # 6 -A Related 40 to CHCCS Capital Project Ordinances 41 The Board approved an application to the North Carolina Department of Public Instruction 42 (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2017 -18 43 debt service payments for Chapel Hill — Carrboro City Schools (CHCCS), and approved Budget 44 Amendment #6 -A (amended School Capital Project Ordinances), contingent on the NCDPI's 45 approval of the application and authorize the Chair to sign. 46 d. ADDroval of 1.0 FTE Time - Limited Erosion Control Officer I Position and Budaet 47 Amendment # 6 -13 48 The Board approved the creation of a 1.0 full -time equivalent (FTE) time - limited position to 49 address the work load of a multi -year Erosion Control and Sedimentation Control project and 50 approve Budget Amendment #6 -B. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 32 e. Resolution in Opposition To Offshore Exploration, Drilling Activities and Seismic Blast Activities Off the Coast of North Carolina The Board approved a Resolution, which is incorporated by reference, in Opposition To Offshore Exploration, Drilling Activities and Seismic Blast Activities Off the Coast of North Carolina. (Approved above) f. Authorization for NC Recreational Trails Program Grant - Hollow Rock Nature Park The Board authorized staff to resubmit an application to the North Carolina Division of Parks and Recreation Recreational Trails Program (RTP) by the March 2, 2018 deadline for a 2019 grant for $100,000 to develop an ADA accessible 1/3 -mile loop trail at Hollow Rock Nature Park consistent with the adopted master plan. g. Letter to Cardinal Innovations in Support of Club Nova's Request for Capital Funding The Board authorized the Chair to sign a letter to Cardinal Innovations Healthcare in support of Club Nova's capital request for $2.5 million from Cardinal Innovations Healthcare to assist in the construction of a new, expanded clubhouse facility. 9. County Manager's Report Bonnie Hammersley pointed out the Guide to Orange County Government at the Commissioners' places, and said this was mentioned at the first Orange County Academy, which met this evening for the first time. Bonnie Hammersley said the Board has a joint meeting with the Town of Hillsborough on February 22nd 10. County Attorney's Report Annette Moore said that the Pauli Murray Awards are on February 25th. Mariella Hernandez is this year's adult winner. She is a Zone Navigator with Orange County's Family Success Alliance (FSA), an organization designed to "close the achievement gap and end generational poverty in Orange County." She works with a variety of resources in the area to connect children and families with the services they need. She collaborates with local non- profits and public agencies to develop ways to empower community members and address structural inequities in the systems in which we live. Annette Moore said Kenzie Patrick was chosen as the youth honoree. She is a 12th grade student at Orange High School with a heart for being involved through service. She balances a high GPA, athletics, and service effectively. Among numerous other clubs and initiatives, she was involved with the Hate Free Schools Coalition and advocated to have the Confederate Flag banned from Orange County Public Schools in hopes of creating a learning environment free from racial intimidation. Annette Moore said Davison Douglas PDA., Dean of the College of William & Mary Law School and Arthur B. Hanson Professor of Law, will provide the keynote address. 11. *Appointments NONE 12. Information Items • February 6, 2018 BOCC Meeting Follow -up Actions List • Memorandum Regarding Second Quarter FY2017 -18 Financial Report • Memorandum Regarding Continued Review of Unified Development Ordinance (UDO) Text Amendments on Signage • BOCC Chair Letter Regarding Petitions from February 6, 2018 Regular Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 33 13. Closed Session NONE 14. Adjournment A motion was made by Commissioner Price, seconded by Commissioner McKee to adjourn the meeting at 10:55 p.m. VOTE: UNANIMOUS Donna Baker Clerk to the Board Mark Dorosin, Chair