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HomeMy WebLinkAboutMinutes 03-20-20181 APPRIVED 4/17/2018 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING March 20, 2018 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, March 20, 2018 at 7 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: None COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren and Asst. Deputy Clerk II Sherri Ingersoll (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 Chair Dorosin suggested moving item 11-a, Appointments to the Animal Services Hearing Panel Pool, to after item 4-d. The Board of County Commissioners (BOCC) agreed by consensus. Chair Dorosin noted the following items at the Commissioners’ places: - 4-a: Elections PowerPoint - 4-c: Revised Resolution in Support of the Equal Rights Amendment - 6-b: Update on Manufactured Homes - 7-a: Orange County Transportation Update PowerPoint Commissioner Rich requested moving item 6-c (UDO Text Amendments on Regulating Flagpoles and Flags) to the beginning of the regular agenda, since the re are a lot of members of the public present to speak on the issue and the Board agreed. PUBLIC CHARGE Chair Dorosin dispensed with the reading of the public charge. Arts Moment Katie Murray, Arts Commissioner Director, read the following introduction: Thomas Mira y Lopez is the author of The Book of Resting Places (Counterpoint Press, 2017). He holds an MFA from the University of Arizona and has received fellowships from The MacDowell Colony and Colgate University. Originally from New York, he lives in North Carolina where he is currently the Kenan Visiting Writer at the University of North Carolina-Chapel Hill. Thomas Mira y Lopez thanked the Board of County Commissioners for having him, and read an excerpt from one essay in his book, “The Book of Resting Places – a Fan for the Afterlife.” Chair Dorosin thanked him for coming, and said that it is always nice to be reminded of the vibrant role the arts play in the community. 2 2. Public Comments a. Matters not on the Printed Agenda None b. Matters on the Printed Agenda 3. Announcements, Petitions and Comments by Board Members Commissioner Price said she had attended the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (MPO) meeting. She said the MPO voted to approve version 6 and the update on the 2025 transportation plan, and adopted these. She said she also attended a National Association for the Advancement of Colored People (NAACP) event on Sunday regarding “All Labor has Dignity”, in remembrance of Martin Luther King, Jr. She said this was a good presentation , and was a reminder that there is still a lot of work to be done regarding racial inequity. Commissioner Marcoplos had no comments. Commissioner Jacobs said he would like to see the actual version that the MPO approved and adopted. He said he went to th e Millhouse Road Temporary Waste Facility meeting, which will be closing on April 3 at noon, with the new facility on Eubanks Road opening at the same time. Commissioner Jacobs provided a report on the meeting of the Justice Advisory Council; most of the meeting discussion was about fines and fees in the NC court system, which disproportionately impacts those of lower means. He said it was a good conversation, and this problem is not unique to NC. He said many states use fines to keep people in jail, but 1.2 million people in NC are stuck in this situation. He said consequently, they could lose jobs and family due to not being able to pay the fine. He said Judges are no longer allowed to waive fees, and those affected need approval from any entity that the County gives to before lowering the fine. Commissioner Rich said she attended a meeting at the White House, with about 300 other representatives from North Carolina. She said they met with some of President Trump ’s directors and secretaries, and spoke about school safety and infrastructure, in particular broadband. She said infrastructure often means water, sewer, and transportation, but this conversation focused on money going out to the states for broadband. Commissioner Rich said the Food Council is going to present the REI groundwater presentation (3 hours) at the Whitted building on April 8, and interested people can sign up at the Food Council website. She said there will be a $5 fee. Commissioner Rich spoke about an article she read about the unemployment rate, and Orange County is currently at 3.8%, which is one of the lowest in the State. She said this is encouraging, but the County can always do better. Commissioner McKee had no comments. Commissioner Burroughs had no comments. Chair Dorosin said he also attended the NAACP program, and it was very informative. He said he has no formal petition, but wants to get clarification on whether or not a policy exists to allow staff to act on one Commissioner’s request, as opposed to always requiring Board consensus. He said all Commissioners are equals, and he does not know when items should be brought back to the Board. Commissioner Price said that a refresher is always good. Commissioner Jacobs said there is a long-standing policy of a certain threshold of staff time, after which, approval of the County Manager and/or the BOCC Chair is required. He said he believed the threshold was anything above two hours of work. He said that this is an important policy of which to be reminded. 3 Chair Dorosin said that he would like the Board to review the policy. 4. Proclamations/ Resolutions/ Special Presentations a. Presentation on Upcoming Elections and Voting Machines The Board received an update on upcoming elections and voting machine security. BACKGROUND: The May 8, 2018 primary election is fast approaching, below are some highlights concerning this election: • A list of candidates filed can be found on the County’s Board of Elections website, and sample ballots will be posted as soon as they become available • Absentee voting by mail begins March 19 • Voter registration deadline, including party changes, is Friday, April 13 • Early voting begins April 19 and ends May 5. Locations and times are: April 19 – 20 (Th – F) 9 am – 5 pm *Board of Elections Office Only* April 21 (Saturday) 9 am – 3 pm Board of Elections Office Carrboro Town Hall April 23 – April 27 (M – F) 9 am – 5 pm Board of Elections Office Carrboro Town Hall April 28 (Saturday) 9 am – 3 pm Board of Elections Office Carrboro Town Hall April 30 – May 4 (M – F) 9 am – 5 pm Board of Elections Office Carrboro Town Hall May 5 (Saturday) 9 am – 1 pm Board of Elections Office Carrboro Town Hall Rachel Raper, Elections Director, made the following PowerPoint presentation: Absentee Voting by Mail May 8, 2018 Primary: March 19th – May 1st at 5 pm Registration Deadline (including party changes) Friday, April 13th Same Day Registration is available during One-Stop Voting (proof of residency is required) Locations and times for one-stop absentee voting BOARD OF ELECTIONS OFFICE-208 S. Cameron Street, Hillsborough Thursday & Friday, April 19th & April 20th, 9:00 a.m. – 5:00 p.m. BOARD OF ELECTIONS OFFICE-208 S. Cameron Street, Hillsborough CARRBORO TOWN HALL – 301 W. Main Street, Carrboro Saturday, April 21st, 9:00 a.m. – 3:00 p.m. Monday – Friday, April 23rd – April 27th, 9:00 a.m. – 5:00 p.m. Saturday, April 28th, 9:00 a.m. – 3:00 p.m. Monday – Friday, April 30th – May 4th, 9:00 a.m. – 5:00 p.m. Saturday, May 5th, 9:00 a.m. – 1:00 p.m. 4 CHAPEL OF THE CROSS – 304 E. Franklin St, Chapel Hill EFLAND RURITAN CLUB BUILDING – 3009 Forrest Ave, Efland SEYMOUR SENIOR CENTER – 2551 Homestead Road, Chapel Hill Saturday, April 21st, 9:00 a.m. – 3:00 p.m. Monday – Friday, April 23rd – April 27th, 12:00 p.m. – 6:00 p.m. Saturday, April 28th, 9:00 a.m. – 3:00 p.m. *Chapel of the Cross will be closed Saturday, April 28th* Monday– Friday, April 30th – May 4th, 12:00 p.m. – 6:00 p.m. Saturday, May 5th, 9:00 a.m. – 1:00 p.m. North Carolina House Districts 50 & 56 have changed for some Orange County voters: Weaver Dairy, Weaver Dairy Satellite, Cedar Falls, Booker Creek and Eastside precincts were in District 50 and are now part of NC House District 56. West Hillsborough, Cameron Park, Hillsborough, Grady Brown, Coles Store and St. John precincts were in District 56 and now a part of District 50. Elections Director Rachel Raper said the May election is fast approaching, and would like to review the information that is available. She said the Elections office keeps information updated regularly, and sample ballots are now available. She said in Orange County there is no Republican ballot for the primary, and links to a lot of information are available on the website. She said the voter registration deadline is April 13, and same day registration is available, but requires proof of residency, such as a formal government document with name and address. She said one stop voting starts April 10. She said there were some recent House district changes that have affected some residents, and the office has some voter education outreach coming up to inform those affected. She said packets are also being prepared for the affected areas. Rachel Raper said concerns have been brought forth about the voting machines that Orange County uses, but the County’s machines are very safe. She said the machines are never connected to the Internet, which is where most of the problems occur across the country. She said modems are no longer used in reporting the results, and the machines have not been equipped with modems since 2015. She said the County also does not use the touch screens, which are crux of many of the problems. She said every vote is recounted by hand, by a bipartisan team, to make certain they are the same as the machine count, regardless of the size of the election. She said chain of custody forms are required for all materials, and all equipment is kept behind lock and key with limited access by staff. She said her staff is very thorough and dedicated in what they do. Chair Dorosin asked if the voters who live in the affected precincts have gotten any written notice from the state or the Elections office. Rachel Raper said her office does not send out these types of notices unless there is a call to action, such as an address change, because voters typically ignore additional mailings around election time. She said the office notifies residents when something needs to be done, which is why there will be outreach meetings in these various areas. Commissioner Dorosin asked if information is available about the district changes, and about the status of the State Board of Elections. Rachel Raper said the State Board of Elections is being dissolved. Commissioner Dorosin asked if this affects the status of the Orange County Board of Elections. Rachel Raper said that Orange County is still a three-member board, and the state board meets tomorrow. She said it is unclear how this will affect Orange County, and currently the votes need to be unanimous. She said the board may become a 4-member board, and 5 votes will no longer need to be unanimous. She said Orange County’s board has always been able to work together, and she does not foresee a problem. Commissioner Jacobs said the presentation was very helpful, and he finds the final piece of information a bit unsettling. Commissioner Dorosin asked if it is know who will pick the fourth member. Rachel Raper said that State Board picks the fourth member. b. Women’s History Month Proclamation The Board officially proclaimed the month of March 2018 as “Women’s History Month” in Orange County, and authorized the Chair to sign the proclamation. BACKGROUND: Women’s History Month had its origins as a national celebration in 1981 when Congress authorized and requested the President to proclaim the week beginning March 7, 1982 as “Women’s History Week". Over the next five years, Congress continued to approve joint resolutions designating a week in March as "Women’s History Week”. In 1987 after being petitioned by the National Women’s History Project, Congress designated the month of March 1987 as “Women’s History Month”. Between 1988 and 1994, Congress approved additional resolutions requesting and authorizing the President to proclaim March of each year as Women’s History Month. Since 1995, Presidents Clinton, Bush, Obama and Trump have issued a series of annual proclamations designating the month of March as “Women’s History Month”. The Department on Aging is celebrating “National Women’s History Month” on Thursday, March 29 with a special performance – Maya Angelou’s Celebration of Women. The 2018 National Women’s History theme – NEVERTHELESS SHE PERSISTED: Honoring Women Who Fight All Forms of Discrimination against Women – will be commemorated at the Seymour Center in Chapel Hill with a special dramatic performance by Diane Faison as Maya Angelou. Faison will breathe life and wonder into the words of one of America’s greatest poets, Maya Angelou with a free performance at the Seymour Center on Thursday, March 29 from 2 – 3 p.m. Commissioner Rich read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS WOMEN’S HISTORY MONTH PROCLAMATION WHEREAS , women of every race, class, and ethnic background have made historic contributions to the growth and strength of our County in countless recorded and unrecorded ways; and WHEREAS , Orange County women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the County; and WHEREAS , women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and WHEREAS , women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and 6 WHEREAS , despite these contributions, the role of women in history has been consistently overlooked and undervalued in the literature, teaching and study of American history; and WHEREAS , women constitute a majority of the Orange County labor force working inside and outside of the home; and WHEREAS , currently, women do not receive equal pay for equal work; NOW, THEREFORE, we, the Board of County Commissioners of Orange County, North Carolina, do hereby proclaim March 2018 as “WOMEN’S HISTORY MONTH” in Orange County and challenge County residents to observe this month with appropriate programs, ceremonies, and activities. THIS THE 20th DAY OF MARCH, 2018. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to authorize the Chair to sign the proclamation. VOTE: UNANIMOUS c. Resolution in Support of the Equal Rights Amendment The Board voted to approve a Resolution in Support of the Equal Rights Amendment. BACKGROUND: At the March 8, 2018 Board meeting, the Board asked staff to present for Board consideration a Resolution in support of the Equal Rights Amendment. The Equal Rights Amendment affirmed the equal application of the Constitution to all citizens; which read: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." The amendment was introduced in every session of Congress; and was approved in reworded form by the U.S. Senate and the House of Representatives on March 22, 1972. The proposed 27th Amendment to the Constitution was sent to the States for ratification, and fell three states short of ratification; including the State of North Carolina. The State of Nevada recently approved the amendment, becoming the 36th state to approve. Commissioner Jacobs read the proclamation: RES-2018-018 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE EQUAL RIGHTS AMENDMENT WHEREAS, Orange County forthrightly supports equal rights for all residents of Orange County; and WHEREAS, women continue to confront a lack of political parity, workplace discrimination, health care inequities, disparate rates of poverty, rape and domestic violence assaults; and 7 WHEREAS, the United States Constitution fails to guarantee explicitly that all rights that it purports to protect are held equally by all residents without regard to sex; and WHEREAS, the equal protection clause of the 14th Amendment never has been interpreted to guarantee equal rights for women; and WHEREAS, the Equal Rights Amendment [ERA] was drafted to help correct systemic discrimination based on sex, i.e., by situating sex as a suspect category invoking strict judicial scrutiny, as with race, national origin and religion; and WHEREAS, the ERA was passed by Congress in 1972 and ratified by 35 of the 38 states necessary to put it into the Constitution, yet was assumed to have expired in 1982; and WHEREAS , Congress can alter time limits in the proposing clauses of amendments, and the deadline for the ERA appeared only in the preamble as opposed to the actual legislation; and WHEREAS, the State of Nevada became the 36th state to approve the ERA in 2017; and WHEREAS, Senator Floyd B. McKissick, Jr. and Representative Carla Cunningham introduced ERA ratification bills in the NC General Assembly in the 2017 long session, with Senator Mike Woodard co-sponsoring the Senate bill and Representative Henry M. Michaux co-sponsoring the House bill; and WHEREAS, US Representative David Price, Representative Alma Adams, and Representative G.K. Butterfield have previously co-sponsored bills in Congress to adopt an ERA, and to lift the time limits on states for ratifying the ERA; and WHEREAS, the Board of County Commissioners adopted a resolution regarding the Equal Rights Amendment on November 15, 2016 with language similar to that appearing below; NOW THEREFORE, BE IT RESOLVED, that the Orange County Board of County Commissioners calls on the US Congress to pass into law a bill to adopt an Equal Rights Amendment, or to remove the time limit for ratification of the ERA so that ratification shall be achieved upon the affirmative vote of 38 states, of which 36 already have ratified; and BE IT FURTHER RESOLVED, that the Orange County Board of County Commissioners calls on the NC General Assembly to pass into law a bill to ratify the Equal Rights Amendment to the United States Constitution as proposed by Congress on March 22, 1972. This the 20th day of March 2018. A motion was made by Commissioner Jacobs, seconded by Commissioner Price to approve the resolution. VOTE: UNANIMOUS 8 d. Resolution in Support of Better Protections and Safeguards to Victims The Board approved a Resolution in Support of Better Protections and Safeguards to Victims and authorized the Chair to sign the Resolution. BACKGROUND: At the March 8, 2018 Board meeting, the Board voiced an interest in considering a Resolution in Support of Better Protections and Safeguards to Victims. Commissioner Renee Price drafted the attached resolution. According to the Federal Bureau of Investigation’s (FBI) recent report, “Crime in the United States”, in 2013, a total of 33,700 North Carolinians were the victims of Violent “Index Crimes” including: murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft and arson. Voters in California passed the Victim’s Bill of Rights Act of 2008, also known as Marsy’s Law, and other states are enacting similar laws to guarantee victims’ rights and provide victims with a voice. House Bill 551/Senate Bill 595, a bill to amend the Law and Constitution of North Carolina, has been introduced in the North Carolina General Assembly in the spirit of Marsy’s Law to provide better protections and safeguards to victims of crimes. Commissioner Price read the resolution: RES-2018-019 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF BETTER PROTECTIONS AND SAFEGUARDS TO VICTIMS WHEREAS , Marsy’s Law For North Carolina and advocacy organizations statewide are dedicated to guaranteeing victims’ rights and providing a voice; and WHEREAS, Marsy’s Law For North Carolina supporters agree that victims should always be treated with fairness and respect throughout the criminal justice process, protected from the defendant, reasonably heard at public proceedings regarding their case, and given a voice through the process of the case; and WHEREAS, according to the Federal Bureau of Investigation’s (FBI) recent report, “Crime in the United States”, in 2013, a total of 33,700 North Carolinians were the victims of Violent “Index Crimes” including: murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft and arson; and WHEREAS, Marsy’s Law for North Carolina will ensure that victims receive the same rights that are afforded to criminals, and have rights to notification of release, hearings, appropriate restitution and the right to speak during criminal proceedings; and WHEREAS, voters in California passed the Victim’s Bill of Rights Act of 2008 [Proposition 9], also known as Marsy’s Law, and other states are enacting similar laws; and WHEREAS, victims’ rights are a non-partisan, non-political issue, and Marsy’s Law is one approach to ensuring victims’ rights; 9 NOW THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners does hereby stand in support of House Bill 551/Senate Bill 595, a bill to amend the Law and Constitution of North Carolina to provide better protections and safeguards to victims of crimes; and BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners encourages all residents of Orange County, North Carolina, to join in the commitment to protect the rights of victims of crime in North Carolina. This 20th day of March, 2018. A motion was made by Commissioner Price, seconded by Commissioner Rich to approve the resolution and authorize the Chair to sign. VOTE: UNANIMOUS 11. *Appointments (MOVED) a. Animal Services Hearing Panel Pool The Board considered making the following appointments to the Animal Services Hearing Panel Pool: • Appointment to a first full term (position #2) “Town of Carrboro” for BOCC Selection expiring 03/31/2021. • Appointment to a first full term (position #5) “Town of Hillsborough” for BOCC Selection expiring 03/31/2021. • Appointment to a first full term (position #11) “At-Large” for George Goldbeck expiring 03/31/2021. • Appointment to a second full term (position #14) “At-Large Unincorporated County” for Brenda Baldwin Scott expiring 03/31/2021. • Appointment to a second full term (position #17) “Animal Services Advisory Board Member” for Beth Grooms expiring 03/31/2021. POSITION NO. NAME SPECIAL REPRESENTATIVE EXPIRATION DATE 2 BOCC Selection Town of Carrboro 03/31/2021 5 BOCC Selection Town of Hillsborough 03/31/2021 11 George Golbeck At-Large 03/31/2021 14 Brenda Baldwin Scott At-Large Unincorporated County 03/31/2021 17 Beth Grooms Animal Services Advisory Board Member 03/31/2021 NOTE - If the individuals listed above are appointed, the following vacancies remain: f. Position #1--- “At-Large Town of Carrboro” position----- expiring 03/31/2020. This position has been vacant since 03/31/2017. Recruitment efforts have been underway continuously. 10 g. Position #6--- “Town of Hillsborough” position----- expiring 03/31/2019. This position has been vacant 03/31/2017. Recruitment efforts have been underway continuously. • Position #8--- “Public Safety Field” position----- expiring 03/31/2021. This position will be vacant 03/31/2018. Recruitment efforts have been underway continuously. Bob Marotto, Animal Services Director, said that three of the app ointments are merely re-appointments of people who have already served, and have indicated a willingness to continue. He said there are two additional appointments requested, who are new applicants who fit the criteria. He said if all five persons are appointed, there will be three remaining vacancies. Commissioner Price asked if there are additional applications Bob Marotto said no. Commissioner Dorosin confirmed there are five vacant positions to be filled. A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to approve the reappointment of po sitions #11, 14 and 17. VOTE: UNANIMOUS A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint those listed to positions #2 and 5 to fill the vacant positions. VOTE: UNANIMOUS 5. Public Hearings NONE 6. Regular Agenda c. UDO Text Amendments on Regulating Flagpoles and Flags (MOVED) The Board considered approving process components and schedule for proposed amendments to the Orange County Unified Development Ordinance (UDO) to establish height and size regulations for flagpoles and flags. John Roberts reviewed the following background information: BACKGROUND: Orange County residents have expressed concern that a text amendment to the UDO, specifically adopting regulations governing the height, location, and number of flagpoles as well as the allowable size of flags may be needed for Orange County. While Orange County elected officials and staff understand this concern it is important to remember that the right to Free Expression is a fundamental right of every person and the Board of County Commissioners has a long history of supporting and defending this right. The display of flags is a traditional means of Free Expression and the staff and elected officials of Orange County should approach the regulation of this method of expression with care and circumspection. Both the North Carolina and United States Constitutions protect Free Expression. Freedom of Expression is a right of every person and as such it may not be prohibited. There is, however, a substantial amount of case law that provides for the reasonable regulation of constitutionally protected rights such as Freedom of Expression. 11 The UDO has existing content-neutral provisions that regulate flags as banners and signs, however, in the past there have been no complaints involving flags that have created an enforcement situation in Orange County. In order to clarify for the public that flags and flagpoles are reasonably regulated in Orange County, it may be necessary to amend the UDO in a content neutral manner to expressly set out regulations that apply to flags and flagpoles while continuing to enforce the existing UDO language as it may apply to flags and flagpoles. In consideration of this, the Planning Director has initiated a text amendment to the UDO, specifically to adopt regulations governing the height, location, and number of flagpoles as well as the allowable size of flags. For more information please refer to Attachment 1. John Roberts said the community has expressed a desire for additional language in the Unified Development Ordinance (UDO) regarding flags. He said the current UDO is content neutral, but it needs to be made clearer. He said any amendments would apply to all content universally. He said the U.S. and N.C. constitutions both protect free expression, and the Board of County Commissioners has a long history supporting this also. He said this issue needs to be approached very carefully, and be limited to the question of size only. He said if the Board of County Commissioners wants to go forward, the Planning Department has outlined how staff will proceed, which will go before the Planning Board, and then to public hearing. PUBLIC COMMENT: Ivy Barger read a statement, on behalf of Hillsborough Progressives Taking Action (HPTA), which was written by Heather Reading. She said First Amendment rights are critical, however are not immune to regulation, and content neutral language protects this. She said HPTA supports this proposal, and any symbol of white supremacy has no place in our community. Grace Barger said she attends college out of town, but Hillsborough is her home. She said she was part of the Hate Free Schools Coalition at Cedar Ridge High School, and others tried to intimidate this group’s actions about limitations on clothing. She said white supremacist messages cannot be so prominently displayed. Chuck Willingham said one of the first t-shirts he saw after joining the Hate Free Schools Coalition last year challenged him to review history, and he took the challenge to review confederate history. He said his parents did not teach him that if one believes that races are equal, then racial disparities must be the result of racial discrimination. He said, in essence, race is an outcome throughout our society, and the Confederate flag is a symbol of that. He said Swastikas no longer fly in Germany, or the Rhodesian flag in South Africa. He said the Confederate flag should no longer be allowed in the United States. Hillary MacKenzie said she has lived in Orange County her entire life, and most people felt being racist was terrible when she was growing up. She said raising a giant confederate flag that reflects and promotes intimidation does not seem to represent the Orange County she knows. She said any sign of this scale does not seem in keeping with the small town values she grew up with, and she hopes the Board can find a way to preserve free speech but limit the size of these flags. Maya Little said she is a resident of Carrboro. She said that the confederate flag was not popular until the 1950’s, under Jim Crow, when white supremacists used it to threaten and intimidate, and police accompanied Blacks. She said churches were bombed, and people humiliated, in places where these flags were used. She said the flag is used to intimidate people of color, and promotes an atypical history of the civil war. She said freedom of speech is important, but so is freedom from racial harassment and intimidation. 12 Marc Xavier said he believes the Board of County Commissioners is trying its best to find a solution, and believes in freedom of speech. He said he too supports everyone’s right to freedom of speech. He said the Bible talks about Sodom and Gomorrah, which he summarized. He asked what would happen if God came to Orange County, and what would he/she say about the way Orange County residents treat other people. He said it is important to do the right thing, and to solve the flag issue by finding a solution to make the flag insignificant. Katherine Walker said she is an Orange County/Hillsborough resident, and she thinks the size of the flagpole should be regulated. She said there are those who will see any regulation as a threat to freedom of speech, but she encouraged the BOCC to continue its positive work. Jennifer Bremer spoke in support of UDO limitations. She said it is important to be welcoming to all and include freedom of speech, but there has been much push back against the decisiveness of displays in the businesses and homes. She said economic growth may be hindered due to divisive displays, and the community must move towards better harmony. She said she strongly encourages modification to put reasonable limits on flags and banners. Commissioner Marcoplos thanked the public for sharing its views, and for the reasonable approach to this issue. He said he has concerns about how to impose limitations without limiting one’s right to free expression. He said it is important that the BOCC preserves the right of free expression, as it may turn around and bite them later. He said through the comments he heard at the last meeting, as well as this evening, he has a deeper appreciation as to why these changes need to be made. Commissioner Price said she may offend some people, but the BOCC will be making a step in the right direction if it limits the size of this symbol. She said the BOCC has heard that the Confederate flag is offensive, and while it is part of southern heritage, it offends too many people. She said there are other ways to celebrate south ern heritage, and some things are offensive because of the offensive history. Commissioner Jacobs said he has heard discussion about gun limitations lately, and he was thinking about the larger fabric of this. He said it embodies the discussions about flags, as well as about guns. He said there is a societal hollowness that allows the acceptance of persons in power who belittle, demean and insult the powerless, and a government that does not respond to the needs of the people, and that this is a time when it is hard to find commonality. He said he appreciates the tone of the public comments this evening, and wishes there had been some people present to share why they wish to display the confederate flag. He said nothing can move forward without conversations taking place, and society is splintering into groups that do not talk to each other. He said a participatory discussion is needed, or things will proceed in the wrong direction at a faster pace. Commissioner Rich said she thinks of the Confederate flag as a symbol of terrorism, and Orange County deserves better. She said she is glad the public came this evening, and she hopes they will return to speak during the public hearing. She said a proposed timing schedule is in the agenda. Commissioner McKee said the BOCC is often called to make decisions that will not make everyone happy, and, in such situations, he asks himself: is this reasonable; is the process deliberate and not reactionary; is it fair; and is it defensible. He said in this situation the answer to each of these questions is yes. Chair Dorosin said there are many strong feelings about this symbol, and about freedom of speech. He said this seems like a good approach to use; and it was done in Durham with the Bob Evans flag, and limits can be set. He said this is an important step, and he echoed 13 Commissioner Marcoplos and Commissioner Jacobs’ comments about the public input, and the exercise of discussion to move this forward. Commissioner Marcoplos asked about the timeframe of the public hearing in May, and if the BOCC will make a decision at that time. Chair Dorosin said the BOCC could make a decision at the public hearing. Commissioner Marcoplos recommended moving the public hearing and vote to May 1, to move things along. A motion was made by Commissioner Burroughs, seconded by Commissioner Marcoplos to approve the proposed amendment to the Orange County Unified Development Ordinance (UDO) to establish height and size regulations for flagpoles and flags. Commissioner Rich reminded the audience that the Planning Board Meeting is on April 4, and materials will be available for review on the website. Commissioner Price asked if there will be a community conversation about this topic. Chair Dorosin said that was not decided. Commissioner Price said a public hearing does not really allow for back and forth conversation. She said there may be public interest in having a further dialogue about this, where the BOCC is able to respond. Commissioner Jacobs said another local government brought up the idea of further dialogue, but he does not think it is a bad idea. He said there could be structure in place to allow for respectful conversation, and have parameters of what is being discussed. He said it could be a useful exercise, if a framework is set out in advance. Chair Dorosin asked if the Human Relations Commission could take on this task sometime between now and the public hearing. Bonnie Hammersley said the Human Relations Commission had a community conversation on this topic last June, but this could happen again. Commissioner Price said it would be good to have a meeting where the Commissioners can attend. Chair Dorosin said to have another opportunity for such dialogue. VOTE: UNANIMOUS a. Blackwood Farm Park – Proposed Revised Master Plan The Board considered approving amendments to the Blackwood Farm Park Master Plan map to incorporate updated plans for infrastructure improvements and park facilities. David Stancil, Department of Environment, Agriculture, Parks and Recreation Director, reminded the BOCC that there is no action being requested at this time about funding. He said this item is about the proposed revisions to the Blackwood Farm Park master plan, and some plan amendments would be needed for improvements. He reviewed the following information: BACKGROUND: At the December 12, 2017 BOCC meeting, the Board received an update on plans for improvements at Blackwood Farm Park located on NC 86 and New Hope Church Road between Chapel Hill and Hillsborough. The park opened with limited facilities and hours of operation in June 2015. Blackwood Farm Park is a 152-acre regional park that currently features several miles of natural surface trails, fishing, a historic farmstead with interpretive signage, a small picnic shelter, and a 10-space parking area located along the existing narrow driveway. Due to limited facilities, the park is currently open only on weekends. The park master plan, adopted in 2011, reflects a 14 design that features the many natural and cultural resources present on the site, adding several low-impact recreation or community gathering features. As noted in the December 12 memo, the first step in bringing the park’s planned amenities to fruition is the completion of several infrastructure needs (known as Phase 2-A) that will enable more visitors to access and enjoy the park. Funding for this infrastructure was previously approved. Specifically, the components that would be constructed with the existing funds are: • A new entrance and turn lane on NC 86, to be located further north on NC 86 (please see the attached “Proposed Revised Master Plan” map) • A parking area with approximately 60 spaces and room for bus turnarounds; and • Lighting, septic and stormwater measures needed to accommodate the infrastructure improvements In conjunction with these infrastructure improvements, a planned child-friendly “Discovery Trail” with nature and environmental signage would also be added. In addition, ongoing stabilization work of the Blackwood Farmhouse would continue (using existing funds). Some of these infrastructure features are refinements from the original adopted master plan, and in some cases additional changes are suggested based on these refinements, the relocation of the planned Parks Operations Base, and additional plans and discussions of the past seven years. Accordingly, the Proposed Revised Master Plan includes the following primary changes or additions: • Realignment of the planned park entrance drive and parking area to a more site sensitive, scenic and efficient design; • Addition of the Discovery Trail; • Deletion of the Parks Operations Base and associated yard space; and addition of a small Park Office in its place (pending future decisions on potential new County campus); • Addition of the re-established Blackwood Farm Orchard; • Relocation of the trailhead; • Addition of a disc golf course; • Deletion of a planned northern boundary road and parking areas; • Deletion of the possible Informal Multi-Use Field; • Selection of a preferred amphitheater site (the original master plan had three options); • Identification of the Agricultural Exhibits and Garden Area; and • Addition of new picnic shelters and restrooms. Of the additions, refinements and changes detailed above, the only significant change is the proposed creation of a disc golf course, a concept that was discussed in the 2016 and 2017 Capital Investment Plan (CIP) review and discussions, and informally authorized by the Board. The deletion of the Parks Operations Base from this location and its inclusion at a new site is also based on previous Board discussions, and deletion of the planned northern road and parking areas is based on discussions with neighbors whose homes back up to the northern boundary of the park, and the lack of need for these facilities based on the updated design with the disc golf course. Staff has communicated the Proposed Revised Master Plan to park neighbors who have expressed appreciation for the deletion of the planned road and northernmost parking lot. 15 Adoption of a revised master plan will enable staff to issue a Request for Qualifications (RFQ) for an engineering and design firm to prepare detailed construction documents for the park infrastructure using existing funding. It is recommended that the scope of work for this consultant also include the planned future park construction (Phase 2-B), if current timetables remain in place. Staff anticipates bringing a design/engineering consultant recommendation to the Board for approval by the summer break. Marabeth Carr, Landscape Architect, said staff has had the opportunity to see the park in action, and have seen some deficits. She said a major deficit is bringing large groups to the site, and it is a challenge for school buses to drop off kids safely. She said the new design will solve this issue. She said it is very similar to the initial design, with the exception of the disc golf course. She said staff has chosen the area for an amphitheater in an area that has been used in the past. Chair Dorosin asked where people would sit. Marabeth Carr said the stage would be in the hollow, which is just off the map, and the County had a Jazz Festival there in the past. Commissioner Rich asked if there is a definition for a regional park. David Stancil said this is fairly standard terminology, and that it is a larger park that has agricultural and natural components, but no sports fields. He said Little River is a regional park. Commissioner Price asked if Emergency Services vehicles would enter through the lower end only. David Stancil said yes. Commissioner Price asked if the proposed layout gives enough access, if there was an emergency at the back end of the property, and the main entrance was unavailable. Marabeth Carr said there will be mowed paths that could provide access. Dinah Jeffries, Emergency Services (EMS) Director, said it can be accessed, but it is important to consider the larger vehicles that accompany EMS, like fire trucks. She said she cannot give an absolute yes, but EMS has accessed smaller areas before. Marabeth Carr said this has already gone to the Planning Department for courtesy review, and will be reviewed formally by a new engineer. She said the plan will then go out to EMS, the Sheriff, etc. for comment. Sheriff Blackwood said he has already begun conversations with Commissioner Jacobs about the need to be able to access all of County parks. He said the Sheriff’s Office works closely with Emergency Services, and there will need to be a way to get his people in as well. He said it is important to keep these conversations at the front of the agenda. Commissioner Price said she is concerned about being able to get the necessary equipment to where it is needed. Marabeth Carr said the Sheriff’s department is always so helpful, especially with controlling traffic for field trips. David Stancil said this entire process will involve a great deal of discussion of all of these concerns. Commissioner Marcoplos referred to the vault toilets mentioned on the map, and asked if these could also be useful at Millhouse Road Soccer Park. David Stancil said there is an active vault toilet at Occoneechee Mountain, and they have pros and cons. He said they are self-contained, but expensive to build and require maintenance. Commissioner Marcoplos said the need may exceed such an option at Blackwood, with events like Localfest. David Stancil said portable restrooms would be needed for festivals, and other large events. 16 Commissioner Rich said that the Intergovernmental Parks Work Group discussed the disc golf course, and is very excited about this as it can be another draw to the area. David Stancil said this group will be engaged in future conversations. He said this group can sometimes bring funding and other assistance to the table. Chair Dorosin asked if some of the trails shown on the phase 2 map already exist. Marabeth Carr said all of the trails exist, and the Discovery Trail is ready to open, but will be somewhat separate as it is geared towards children. Marabeth Carr said the different trail colors relate to different trail names. Commissioner Jacobs asked if the Discovery Trail is the one proposed by staff in soil and water. David Stancil said yes, and this staff has been heavily involved. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to approve the proposed revised master plan changes. VOTE: UNANIMOUS b. Update on the Manufactured Home Parks Initiative and Approval of the Parameters for a Contract for Relocation Coordination Services The Board received an update on the activities undertaken to date on the Manufactured Home Parks Initiative and considered voting to approve entering into an agreement with Empowerment for “Relocation Coordination” services and authorized the Manager to execute agreements. BACKGROUND: On November 20, 2017, the Affordable Housing Land Banking/Manufactured Home Park Work Group presented the Board of County Commissioners (NC) with its recommendations on strategies for mitigating resident displacement and relocation challenges due to park closures and redevelopment efforts. The NC approved the recommendations and requested that County staff develop a Rapid Response Protocol in order to allow for timely, coordinated action when manufactured home park closures occur. The Rapid Response Protocol was created, reviewed by the Work Group and presented to the NC in February 2018. Currently, there are two (2) manufactured home parks that are in threat of closure: Lakeview in Chapel Hill and Homestead located on NC 86 South. The Town of Chapel Hill is taking the lead and working with the proposed developer on strategies to relocate the residents in Lakeview Mobile Home Park. Residents in the Homestead Mobile Home Park have been given until March 31, 2018 to relocate, and the County is leading the effort to provide relocation options for these residents. UPDATE/RECENT ACTIVITIES: • February 24, 2018 – A meeting was held with the residents of the Homestead Mobile Home Park to gather their input and comments, as well as ascertain their needs given the proposed manufactured home park closure and their displacement. There are a total of seven (7) occupied manufactured homes and up to five (5) families have the potential of being displaced; three (3) families met with staff. Two (2) remaining families are afraid of retaliation and thus refused to speak with County staff. Two (2) additional families have some work affiliation with the manufactured home park owner and also will not speak with County staff. 17 • On March 6, 2018, the Rehabilitation Specialists in the Housing and Community Development Department conducted an inspection of three (3) of the units at the Homestead Mobile Home Park. The Rehabilitation Specialists determined that none of the manufactured homes could be moved safely without significant investment. • On March 7, 2018, the graduate interns working in the Housing and Community Development Department, along with other UNC-Chapel Hill graduate students, held a “phone-a-thon” to contact the 100 manufactured home park owners in the County to gather information and identify available vacancies. **In mid-April 2018, an information session will be held with manufactured home park owners to provide information gathered during the “phone-a-thon”. • The Rapid Response Team met on March 13, 2018 to review a draft proposal of services for residents of the Homestead Mobile Home Park. • On March 17, 2018, staff will meet again with the residents of Homestead Mobile Home Park to discuss and evaluate potential options for relocation. Staff is proposing two options to relocate residents at Homestead: Option 1 – Assisting residents with locating alternative affordable housing and providing displacement funds to facilitate the relocation. Working with the Community Home Trust, staff has identified vacancies at the Landings at Winmore as one potential relocation option. These units are dedicated to serving low and very low income individuals and families. Option 2 – Contracting with Empowerment Inc. to provide Relocation Coordinator Services. Staff is recommending that the County allocate up to $280,000 to enter into an agreement with Empowerment Inc. to provide mitigation displacement services to the low and very low income individuals and families living at the Homestead Mobile Home Park. Empowerment would purchase manufactured homes to be used by eligible individuals and families and would provide property management services for the units purchased. Empowerment would provide services such as: • Determining program participant eligibility; • Using the County’s centralized database of manufactured home park owners to find available manufactured homes and/or spaces for lease; • Ensuring that any manufactured home purchased are sold or leased to families earning no more than eighty percent (80%) of the HUD Area Median Income; • Ensuring the long-term affordability of the manufactured homes (twenty (20) years); • Providing written leases and lease-purchase agreements with residents, as appropriate; and • Providing general maintenance on manufactured homes to ensure continued standard housing conditions. The Orange County Housing and Community Development Department, along with the Permitting and Inspections Division in the Planning Department, would conduct all the necessary inspections to ensure that the housing is adequate, safe and sanitary. The County would ensure the long term affordability of the manufactured homes through the legal 18 agreement with Empowerment, Inc. On March 17th, staff discussed options with residents and continued with efforts to identify other housing options. Staff also is continuing to conduct due diligence on the Millhouse Road site. As staff identifies additional options and strategies, the Board will continue to receive updates. Sherrill Hampton, Housing Director, reviewed the updates since the February meeting, and is asking the BOCC for parameters for a contract as to how to move forward. She said the additional handout is the proposed strategy for the two mobile home parks slated for closure: Lakewood in Chapel Hill, and Homestead in Orange County. Sherrill Hampton said there are nine spots in the Homestead Mobile Home Park, and seven are occupied. She said of the seven, employees of the park occupy two; and two have already found other arrangements, moving in with family. She said these families are afraid of retaliation, and will not speak with County staff. She said that leaves three families remaining. She said she hopes the two families that have moved will return and work with the County. She said the Department is working with the database from the Planning and Tax Assessors office, and has been trying to get in touch with current park owners to identify available spots. She said she would like to hear from other park owners if there are available spots in the County. Sherrill Hampton said she is thankful that all departments are working together to create strategies, as well as the schools. She said this is a fluid process, and appreciates BOCC support throughout. She said the team is building the airplane while flying it. She said two options are being brought tonight for consideration, as the Homestead residents are being relocated. She said these residents are under a serious time crunch, and the owner is not responsive. She said these families have to move by 3/31/18, and are very anxious. She said the families did not select option 1, which was expected based, on the last year’s survey. Sherrill Hampton said staff are working with option 2, and prefer a recommendation for this approach if possible, since it is asset creation by ownership. She said there is an immediate need for services. She said the handout shows parameters for working with Empowerment. She said the Department would like to enter into an agreement for relocation services, and Empowerment has the capacity and experience to do this quickly. She said it is important to not put residents in a situation with a large cost burden, and she would like to ask for flexibility for the County Manager to be able to make decisions as other situations arise. She said a lease-purchase opportunity is shown, with a sliding scale for those residents in a purchase situation through Empowerment. Commissioner Price asked if clarification could be provided as to whether there are three or five families. Sherrill Hampton said staff has budgeted for 5 families, but two are currently afraid to talk with the County. She said she hopes this will change, and, as such, have planned for all five. Commissioner Price asked if five families are approved, and two do not return, could the remaining funds be used for other families. Sherrill Hampton said that the estimate is a “not to exceed” amount, and the Housing Department would need to go back to the County Manager for approval if other families need the assistance. She said she would ask that these particular funds be left open specifically for the Homestead Park residents for 6 months to a year, in order to allow time to build trust and rapport. Chair Dorosin confirmed that seven families are being displaced from the Homestead Park. Sherrill Hampton said she thinks there are five families being displaced, as the two remaining families are affiliated with the park owners, who also refuse to speak with County staff. She said the park owner has not said what will be done with the site. 19 Chair Dorosin clarified that a new mobile home , or a refurbished one, will be purchased by Empowerment, and that home will be located in a site that has a vacancy. He asked if the resident will be paying rent to the park owner for the lot. Sherrill Hampton said Empowerment will coordinate these details. She said the lots would be rented to Empowerment, and the lease payment would go to Empowerment for continued case management. Chair Dorosin asked if the resident will be paying something, such as a lot cost and potentially some rent for the unit. Sherrill Hampton said the resident will pay the lot cost, and there are two options for rent. She said there can be a sub-lease, with Empowerment providing ongoing maintenance, based on a sliding scale for income; or a straight lease/purchase arrangement. She said if a purchase arrangement is made, and successfully met over a period of 10-15 years, Empowerment will transfer ownership. Chair Dorosin asked if it is possible that the five displaced families will no longer live together in the same place. Sherrill Hampton said she is having a difficult time talking with other owners, as they have no available spaces. She said people currently living in other parks are frightened that their homes may be next to be sold. She said some people are trying to be proactive, and move out of lots that may be sold soon. Chair Dorosin asked if Millhouse Road or other County properties could be used for mobile homes, if other spaces cannot be found for the five families. He said these spots would need some infrastructure, but this may be a possibility if difficulty arises. Sherrill Hampton said this has been considered, and the Health Department has been tasked with looking into some of these places for well and septic. She said there are some other possibilities near the Fairview community in Hillsborough, and some areas owned by Housing Authority. Commissioner Rich asked if it is an option to temporarily house these residents in apartments, so they have a roof over their heads. Sherrill Hampton said this has been considered, and staff has been trying to manage expectations. She said large work equipment and pets create problems for two of the families. She said animal services may be able to help. Commissioner Rich said there are only 15 days to get a roof over the heads of these families, and she knows it is complicated, but does not want to see people homeless. Sherrill Hampton said staff has been working late into the night, and is pulling out all the stops. She said the needs are complicated and great. Commissioner Jacobs asked if The Landings allows animals. Sherrill Hampton said that one family has five dogs of different sizes, and no complex will allow five pets. She said one family has moved in with relatives; and one family has found another mobile home park slot, and will meet with Empowerment, pending BOCC approval this evening. Commissioner Jacobs asked if there is a timeframe for which staff can report back on the possibility of using the Millhouse area as an option. Craig Benedict, Planning Director, said that Asset Management Services has hired a consultant to work on infrastructure analysis of the parcel, and hopes to have information before the break in June. Commissioner Marcoplos asked if having this information in June will allow the BOCC to somewhat predict when it will be available for occupancy, or is it too soon to determine that. Craig Benedict said staff will have a timeline of the various processes, but the area will need rezoning, which takes time. Commissioner Marcoplos said it would be good if the Lakeview residents could have a pre-arranged place to relieve some pressure of looking for alternatives. 20 Craig Benedict said there are a lot of moving parts, and he is uncertain. He said it will be at least 2019. Commissioner Marcoplos said he appreciate s the short and long term work being done to keep this process moving forward. Commissioner McKee asked if sewer and water is being explored in the area, to increase the density. Craig Benedict said there will be no land use changes, and density may be collapsed from a 78-acre parcel to a certain limited area. He said 3 options will be considered: sustain normal septic systems; a new innovative system; and public water and sewer as a last resort. Commissioner McKee says he thinks all available options should be explored. He said density may be able to be more increased by going to sewer and water, and avoid many of the problems associated with any and all septic systems. Commissioner Jacobs said he understands and appreciates the commitment to getting this brought forward in June, but suggested that the Board of County Commissioners could have a special meeting over the summer, if needed, to keep the issue moving forward. He suggested that there may be a possibility to look at something different at Millhouse Road due to the rural buffer, though extending water and sewer into the rural buffer should be a last resort. He said it is important to communicate the BOCC’s intentions clearly with the public. He said the BOCC has no desire to destroy the rural buffer, and it does not plan to turn the entire Millhouse Road property into a mobile home park. Craig Benedict said 8-10 acres will be used, and the desire is to pursue well and septic, with water and sewer extension being the last resort. Commissioner Price asked if areas beyond Chapel Hill/Carrboro are being considered. Sherrill Hampton said the entire County is being considered. Commissioner Price asked if there are school-aged children involved. Sherrill Hampton said one of the three families, who are working with the County, has children, and staff has learned that one family, who is not working with the County, also has children. She said staff is working with both school districts to work out these complications. PUBLIC COMMENT Josh Kirchner, a resident at 6806 Millhouse Road, commended the Board of County Commissioners for all of its efforts, and said he feels for the families. He said he has concerns about changing the zoning at the Millhouse Road site to accommodate higher density, and the addition of a mobile home park. He said the original owner of this land intended for it to be used as a park, and sold it to the County for this reason. He said the County is now considering using it as a park and high-density housing, which he finds to be disingenuous. He said he has concerns about water quality and septic, and has asked for a map, but has not been given one. He said he has been told this will be developed as far from his property as possible, but that would locate it next to the abandoned landfill, which raises concerns about radioactive residue in wells. He said this puts these residents, who are already disadvantaged, in a suspect situation. He said he does not like the idea of manufactured housing, but is fine with the idea of densely built housing with sewer and water. Delores Bailey, Empowerment Executive Director, said her organization recently spoke with the Homestead Mobile Home community, and the residents are distraught about where they will live. She said she appreciates the foresight of the Board of County Commissioners to face these situations; and believes these are positive solutions to the problem. Sarah Geer, Empowerment Board of Directors, said she appreciates the opportunity to participate in this process. She said manufactured housing is a new area for Empowerment, but their experience can address this situation. Claudia Yerena is a mediator between the Homestead community and the County. She thanked the BOCC for its efforts on behalf of these residents, and said the County is the only hope the residents have. 21 Commissioner Burroughs said that the typical stereotype of government employees has been blown out of the water by this situation, and the County staff is amazing. Sherrill Hampton said she has had conversations with Commissioner Jacobs about the Millhouse area, and Orange County is at the forefront of the issue of mobile home parks. She said Chatham County is also dealing with this issue, and the BOCC has stepped up and allowed staff the latitude to work this out. She said her vision for Millhouse Road is a brick entrance, green space, a playground, a resident-owned community, and permanent foundations. She said she would like to see a beautiful community with a variety of affordable housing types, preserving neighborhoods. She referred to ROCUSA, as an example, and said she would never support any development in which she herself would not want to live, or live next to. She asked if high density could be further defined . Craig Benedict said in this situation it means about 34 units on 10 acres gross, and mobile homes parks could be a bit higher. He said this is comparable to a small family neighborhood. Sherrill Hampton said when significant information is available there will be thorough conversations with the community, and she invited the BOCC to continue exploring all options with her. Commissioner Rich asked if a map can be provided to Mr. Kirchner. Commissioner Jacobs confirmed that there are two families from Homestead who are ready to move. Sherrill Hampton said that there are three now, with the possibility of five . She said staff has found a spot for one family. Commissioner Jacobs asked if the families could be reviewed again. Sherrill Hampton said there are 5 families, two of which will not speak with staff. She said of the three remaining families, one has found an alternate spot, and the remaining two await a solution. She said of the remaining two families, one has large work equipment and the second has 5 dogs. Chair Dorosin clarified that the one family, for whom staff has found an alternate spot, still requires the BOCC to approve this so that staff can move forward in helping them. Sherrill Hampton said yes. Commissioner Jacobs clarified that two are being approved that are not yet needed, but are expected to be needed later. Sherrill Hampton said yes, and they have moved in with children and will therefore still need some direct assistance. Commissioner Jacobs said he would prefer to use modular housing, as opposed to mobile homes, if immediate action is not required. He said he would rather not appropriate money for two more mobile homes, and would rather look at getting a handle on modular houses, whether on County owned parcels or otherwise. He said he is hesitant to commit to mobile homes due to their depreciating value. He said the County has limited capacity to provide housing, and he is uncomfortable using these funds to provide something with depreciating value. He said he lives across from a modular community, and would feel more comfortable if the County could pursue this option. Sherrill Hampton said modular homes will cost more, at least $79,900. She said there are three families that will be without a home very soon. Commissioner Jacobs said he would be more comfortable buying manufactured houses for those in imminent need, and buying modular housing for those in more speculative need, to be built on County owned land. He said modular homes would be less intrusive to people’s sense of what a community is. He said it may cost more short term, but will be worth more in the long term. Commissioner Marcoplos said he agreed, and it is important to be flexible to meet the immediate needs. He said with modular homes, there is another $15,000-20,000 to be spent 22 preparing the lot, building the foundation, and other work to connect the house to utilities. He said, even so, it should definitely be considered. Commissioner Price said she understands the concerns, but people may have different values about their housing types, and there are only a few days to get this resolved. Chair Dorosin asked if the BOCC can appropriate the money, and adjust if needed. Commissioner Rich asked if the fund balance could be provided, should the BOCC decide to appropriate these funds. Bonnie Hammersley said that the funds are coming from the Land Banking fund, and the County has only spent this money for the first part of the bond. Paul Laughton, Budget Director, said there is $1.7 million left. A motion made by Commissioner Price, seconded by Commissioner Burroughs to approve the use of funds for the relocation coordination services, and authorize the County Manager, subject to legal review and approval by the County Attorney, to execute any agreements, amendments and renewals to the agreement for the provision of these services. Commissioner Jacobs said the golden sheet at their places very specifically says, “5 new manufactured homes.” He said he does not support this, but does support Chair Dorosin’s suggestion to look at the same amount of money, with three definitely being mobile homes, and staff working on other options based on need, timing, funds, and available sites. Commissioner Price said her motion was based on the recommendation. Commissioner Jacobs said he is asking if there can be clarification. Chair Dorosin suggested a friendly amendment to the motion to have three units as mobile homes, and use the remaining money for other affordable housing. Bonnie Hammersley said that Board of County Commissioners can simply approve a total amount, not to exceed, without any further specifications. Commissioner Price and Burroughs expressed preference for the Manager’s suggestion. VOTE: UNANIMOUS Commissioner Jacobs said he would like to follow up on Commissioner Rich’s suggestion of knowing where money is being spent, and what funds remain. Bonnie Hammersley said staff will continue to provide balances to the BOCC as the process moves forward, and this information is typically included in the abstract. Commissioner McKee asked if he could be excused from the meeting for health reasons. 7. Reports a. Orange County Public Transportation Year in Review The Board received Transportation Department updates, accomplishments and annual operating statistics from the prior year. BACKGROUND: Orange County Public Transportation (OCPT) is the lead transportation agency for public and human services transportation in central and rural Orange County. In addition OCPT provides transportation to qualified Medicaid recipients for transit to: non- emergency medical appointments, the workplace, job interviews, job fairs, job readiness activities, or GED classes. 23 OCPT now operates three fixed routes covering key destination points within the Orange County service area: Hillsborough Circulator, Orange-Chapel Hill Midday Connector and the Orange Alamance Connector. OCPT has also provided rural general public transportation on a seat-available basis for many years on three (3) deviated fixed-routes (one Hillsborough area route and two transfer routes from the Chapel Hill area) that are also designed to provide transportation to work opportunities and programs for persons with developmental disabilities. The period of OCPT performance is for 2017 - January 1, 2017 through December 30, 2017. Theo Letman, Transportation Director, made the following PowerPoint presentation: Orange County Public Transportation 2017 Year in Review 2017 was the first full year of Orange County Public Transportation being its own department within Orange County Government. It was a year full of change: new personnel, new vehicles, new services and amenities, and activities to improve service delivery and boost employee morale. OCPT successfully met challenges along the way and had many noteworthy achievements. Here are a few of things your Public Transportation system has accomplished in 2017. Personnel Orange County Public Transportation (OCPT) added new personnel in 2017. Starting with its first Transit Director, Theo Letman, who started in January and immediately started to implement change and challenge the new organization to grow into its potential of being a robust county wide transit operation providing safe, customer focused and quality service to ALL of Orange County. • With the approval of the Board of County Commissioners 5 full time driver positions were added. Additionally, a full time, Transit Dispatch/ Scheduler became part of the supervisory staff. • Transit Demand Coordinator- Allyson Coltrane was also added to bring awareness of Transit and Mobility options in Orange County. Her efforts to market the service are helping residents learn about transit and hopefully get them moving with transit. • By the end of the year, due to vacated positions, a transit supervisor was promoted and a new Transit Administrator- Teleishia Holloway was added to lead our operation thus rounding out the department management team. • In 2018, we are looking forward to adding a new position in collaboration with Asset management Services, who oversee the maintenance of our fleet. We will soon be adding a Transit Asset Mechanic to meet the growing maintenance and compliance needs of our fleet. Service Improvements In 2017 Orange County Public Transportation started a rebranding and marketing effort that resulted in a name change from “OPT” (Orange Public Transit) to OCPT (Orange County Public Transportation) to highlight it as a County-wide Public Transportation Service. With the help of the Communications Department, a new logo was adopted to distinguish and provide identity to a transit service that wasn’t visible in the community it serves. Bus schedule 24 brochures were also redesigned and introduced to provide clarity of service times and other pertinent information. OCPT added three new 28” Light Transit Vehicles (LTV’s), to expand service delivery and replace older vehicles which has long reached their useful life. A new route, which had been previously approved, was implemented. The Orange Alamance connector provides midday service from northern Hillsborough out to Cone Health facility in Me bane, then back to southern Hillsborough, and through the heart of the historic downtown area. The Department on Aging and OCPT, worked collaboratively, and were able to win a challenge grant awarded by the AARP, and purchase new, innovative bus stop signs called Simme Seats. These bus stop signs provide a seating amenity for patrons waiting on buses. Operations and Performance • In 2017 OCPT successfully completed several key compliance audits, enabling us to continue receiving funding and provide key transportation services to constituents. OCPT successfully passed NC DOT compliance and safety audits. • OCPT also passed Department of Aging contractor audits and Department of Social Services audits as a Medicaid contractor, and was successful in becoming certified as a Medicaid provider. In an effort to equip our workforce with better skills and training opportunities OCPT became active members of Transit industry organizations such as: APTA (American Public Transit Association), CTAA (Community Transportation Association of America), the National Safety Council, and the Institute of Transportation Engineers. • Staff also attended various training and industry conferences in Concord, Chapel Hill, Raleigh, NC and Atlanta, GA. We also contracted with a training consultant who provides quarterly, on-site driver skills training, thereby meeting NCDOT training requirements. • To recognize excellence in our workforce we initiated an employee recognition effort: the Employee of the Month program, which recognizes employees who go accident free, have perfect attendance and provided excellent customer service. Here are the awardees: George Sellars: September 2017 Zenda Corbett: October 2017 Steve Guild: November 2017 Ken Becker: December 2017 Robert Locklear: January 2018 Public Outreach OCPT staff participated on and provided presentation to various boards: BOCC, Transit Outboard, Go Triangle DO-LRTP Staff Working Group, Chapel Hill Transit BRT Project Group, Burlington-Graham MPO, DCHC MPO, and supporting the Department on Aging Master plan. OCPT staff participated and presented at public meetings with civic organizations such as CHALT, the Fairview Community Center, and Cedar Grove Community Center hosting public meetings and forums for the DO-LRT Plan, and the OC Transit Plan. 25 Statistics and Data 2017 Ridership by Route (chart) Annual statistical comparison: 2016 vs. 2017 (chart) Planning and Projections for 2018 • Short Range Transit Planning & Outreach: Nelson\Nygaard, in conjunction with OCPT staff, will develop a 10-year plan that illustrates how OCPT could address future growth scenarios. The plan will match the horizon for both Go Triangle and the Wake County Bus Plan. The plan will consider strategic issues such as regional coordination and transit initiatives, future development, and light rail integration. Also being developed will be an implementation plan to prioritize service improvements and identify reasonable stages of implementation over the next 10 years and beyond. Recommendations will consider potential implications on staffing, vehicle fleet, capital needs, and state and federal funding. Public meetings will be held to discuss the shared needs of OCPT. Consultant group, Nelson- Nygaard will coordinate and integrate the results of any internal outreach efforts with the community. Community conversations will also be held to help determine the acceptable balance ridership and coverage in Orange County. • Potential Projects: Hillsborough Circulator II Last year, OCPT was contacted by the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) about submitting transit projects for the State Transportation Planning process referred to as SPOT 5.0. The Hillsborough Circulator II was submitted because it would provide direct connections to jobs, schools, social services and other points of interests in and around Hillsborough for seniors, disabled, impoverished, minority and car free communities. This route would help alleviate the capacity on the Hillsborough Circulator and potentially exceed its ridership. It made it through the process and had been scored favorably by the State. The MPO was charged with providing priority to projects to continue in the process. OCPT was asked to remove the bus project in favor of larger regional efforts. This $30K project (for one 28’ LTV) was removed by the DCHC MPO until a future SPOT process, which may start in 2019, thereby meaning the circulator II, if approved, would be operational by 2022. OCPT will continue to seek other sources of funding to implement this route. The Orange County Technical Committee representative did not vote in favor of removing the Hillsborough Circulator. Chair Dorosin referred to the cost of the vehicle, and said that $30,000 is not a lot of money. Theo Letman said this is the amount the State would pay, and the County pays the balance. Chair Dorosin asked if funds can be taken out of the social justice fund to pay the State’s portion of $30,000. He said this could be discussed during the budget process. 26 Conclusion: OCPT is on the move and ready to provide SAFE, CUSTOMER FOCUSED, and QUALITY Transportation services for our community, Orange County North Carolina. Questions Commissioner Jacobs asked if the total number of employees could be shared. Theo Letman said 20 currently, and they will be advertising soon. Commissioner Jacobs asked if OCPT is moving toward the automated counting of passengers. Theo Letman said yes. Commissioner Jacobs said it is a significant initial investment, but the County can realize more federal funds in the future. Theo Letman said absolutely. Commissioner Jacobs said at MPO meetings, Orange County does not get as much money as other jurisdictions. He said it is an important investment, and he suggested adding this information to the report. Commissioner Price referred to page 16, and asked if more money is being made and more service hours provided, how the average number of riders per day went down. Theo Letman said this number went down as more days were counted in the 2016-17 report. Commissioner Rich asked if there are other needs in the County. Theo Letman said there is a need for more nimble “demand response” services to reach out, such as a transit version of Uber and Lyft. He said currently most demand response services are non-emergency medical transportation, but there are people who want to go shopping or to a job interview; they could subscribe and transit could dispatch. Commissioner Rich asked if there is a method to decide the cost of such rides. Theo Letman said that would be at the discretion of the Board. Commissioner Rich asked if there is currently a fee. Theo Letman said the Hillsborough Circulator has no fee. Commissioner Rich asked if the demand response services have a fee. Theo Letman said there is a fee for these services, which are based on the type of grant received. Commissioner Rich clarified that fixed routes in rural areas are not ideal for transportation. Theo Letman said these routes could be useful, but nimble on-demand services would be better. Commissioner Marcoplos asked if the type of event, done in conjunction with CHALT, could be identified. Theo Letman said it was a presentation made by Craig Benedict during the Durham- Orange light rail discussion. Chair Dorosin asked, when the department is doing planning and public meetings, if the Hillsborough planning department is involved or will be, due to increased growth. Theo Letman said he would hope so. Chair Dorosin applauded the recognition of employees of the month. He said he would like to talk about the bus. He said the County was asking the State to put in $30,000, and, if granted, the County would incur the rest of the expenses. He asked if there are funds available to cover the $30,000 should the BOCC add this item to the budget. 27 Bonnie Hammersley said she cannot answer that question at this time, but this would be a Capital Budget item. She said she will discuss this with Theo Letman during the budget process. Chair Dorosin sa id this is a one-time expense, which seems applicable to the social justice fund or the fund balance, and this seems to be low hanging fruit. Bonnie Hammersley said that the vehicle cost is actually $90,000, and operational costs would also need to be considered. Chair Dorosin said maybe Hillsborough could kick in some money. Commissioner Price asked if the MPO had approved the grant, would the County still be responsible for the remaining $60,000. Theo Letman said only a portion of it. He said other grant funds would have been available. Commissioner Marcoplos said this is all in the context of how much money the County is willing to spend in addition to the $30,000. He said the notion that a bus route was killed, because $30,000 was not pursued, is erroneous. Commissioner Jacobs asked for an electronic copy of the presentation. Chair Dorosin reminded staff to use double sided copies. 8. Consent Agenda • Removal of Any Items from Consent Agenda Item b by Commissioner Price. Item f by Chair Dorosin. • Approval of Remaining Consent Agenda A motion was made by Commissioner Price, seconded by Commissioner Burroughs to approve the remaining items on the Consent Agenda. VOTE: UNANIMOUS • Discussion of the Items Removed from the Consent Agenda b. Fiscal Year 2017-18 Budget Amendment #7 The Board approved budget, grant, and capital project ordinance amendments for fiscal year 2017-18 for the Department of Social Services; Health Department; Library Services; Visitors Bureau; Arts Commission; Criminal Justice Resource Department; Orange County Partnership to End Homelessness; Planning and Inspections Department; and Department of Agriculture, Environment, Parks and Recreation. Commissioner Price said she wanted to highlight the great efforts of Café 13 and the Department of Social Service (DSS). A motion was made by Commissioner Price, seconded by Commissioner Jacobs to approve the budget, grant, and capital project ordinance amendments for fiscal year 2017-18 for the Department of Social Services; Health Department; Library Services; Visitors Bureau; Arts Commission; Criminal Justice Resource Department; Orange County Partnership to End Homelessness; Planning and Inspections Department; and Department of Agriculture, Environment, Parks and Recreation 28 VOTE: UNANIMOUS h. Letter in Support of the White Cross Volunteer Fire Department’s Grant Application to the Assistance to Firefighters Grant Program The Board authorized the Chair to sign a letter to the Assistance to Firefighters Grant Program supporting the White Cross Volunteer Fire Department’s grant request. Fire Chief Phillip Nasseri said this is a regional grant, and it is unique that all ten fire departments, EMS and Sheriff’s office can work collaboratively on a training center to train on various emergency services. He said matching funds are also now available, and this has support from many legislators. He said this endorsement will hopefully help secure the grant approved by Homeland Security. He sa id land has been selected, but it is hoped a better location will be found. A motion was made by Commissioner Jacobs, seconded by Commissioner Price to approve a letter to the Assistance to Firefighters Grant Program supporting the White Cross Volunteer Fire Department’s grant request. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from February 22 and March 8, 2018 as submitted by the Clerk to the Board. b. Fiscal Year 2017-18 Budget Amendment #7 The Board approved budget, grant, and capital project ordinance amendments for fiscal year 2017-18 for the Department of Social Services; Health Department; Library Services; Visitors Bureau; Arts Commission; Criminal Justice Resource Department; Orange County Partnership to End Homelessness; Planning and Inspections Department; and Department of Agriculture, Environment, Parks and Recreation. c. Schools Adequate Public Facilities Ordinance (SAPFO) – Receipt and Transmittal of 2018 Annual Technical Advisory Committee Report The Board received the 2018 Annual Report of the SAPFO Technical Advisory Committee (SAPFOTAC), and authorized the Chair to sign the transmittal letter and transmit it to the SAPFO partners for comments before certification in May. d. Recommendation to Create Two Permanent Full-time Deputy Sheriff I Positions in the Orange County Sheriff’s Office The Board approved the recommendation of funding two full-time permanent Deputy Sheriff I positions, replacing temporary positions at the Orange County Sheriff’s Office currently funded in the FY2017/2018 budget. e. University of North Carolina Health Care System Electronic Medical Record System Access Agreement The Board approved an agreement for $127,361 with the University of North Carolina Health Care System (UNCHCS) to obtain the right for the Health Department to access and use UNCHCS’s electronic medical records system, Epic Systems, as a better records system for the Department over its current system and also make the Department compatible with UNCHCS and authorize the Manager to sign. 29 f. Letter in Support of the White Cross Volunteer Fire Department’s Grant Application to the Assistance to Firefighters Grant Program The Board authorized the Chair to sign a letter to the Assistance to Firefighters Grant Program supporting the White Cross Volunteer Fire Department’s grant request. g. Approval of Budget Amendment #7-A – Link Government Services Center Lower Level Upfit The Board approved Budget Amendment #7-A to appropriate $160,000 for the Link Government Services Center Lower Level Upfit designed to serve the Judicial District 15-B Public Defender’s office. This work will proceed concurrently with the other remodeling activity for the Human Rights and Relations Department and a shared multipurpose conference room. 9. County Manager’s Report Bonnie Hammersley reminded the Board of County Commissioners of the joint meeting with Chapel Hill on Thursday at Southern Human Services Center; and the Work Session at Whitted on March 27, with presentation about the Family Success Alliance budget, Economic Development Summit, and Advisory Board and Commissions reporting procedures. 10. County Attorney’s Report NONE 12. Information Items • March 8, 2018 BOCC Meeting Follow-up Actions List • Memo Regarding Online Interactive Tool - Transportation Projects Map and Website Update 13. Closed Session NONE 14. Adjournment A motio n was made by Commissioner Burroughs, seconded by Commissioner Jacobs to adjourn the meeting at 10:20 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Sherri Ingersoll Assistant Deputy Clerk II