HomeMy WebLinkAboutMinutes 04-17-20181
APPROVED 5/1/2018 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
April 17, 2018
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, April 17, 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 Clerk to the Board Donna Baker (All other staff members will be identified
appropriately below)
Chair Dorosin called the meeting to order at 7:03 p.m.
1. Additions or Changes to the Agenda
Chair Dorosin said people have signed up to speak on item 8-d, and he suggested
moving this item to after 4-a.
A motion was made by Commissioner McKee, seconded by Commissioner Price to
move item 8-d to after 4-a.
VOTE: UNANIMOUS
PUBLIC CHARGE
Chair Dorosin dispensed with the public charge.
Arts Moment
Tom Hoke, Arts Commission Chair, introduced the Arts Moment:
The 2016-18 Hillsborough Poet Laureate William Davis, who goes by the performance name
“Endlesswill", is a spoken word artist dedicated to continuing the tradition of poetry in living
form. His most recent poetry collection, Broken Perception, is largely autobiographical,
exploring the themes of utilizing lessons of the past to positively shape one’s future and the
complexities of the human condition. The first twenty-five poems in the book can be found in
audio form on a CD also titled Broken Perception.
William Davis is originally from Grand Rapids, Michigan. He studied world history, and early
childhood education at Ferris State University. He is a father of five wonderful, artistic, and
sports involved children. He and his partner Catherine Stanley enjoy planning writing activities,
family book clubs, and riding bikes together.
William Davis read two of his poems.
2. Public Comments
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a. Matters not on the Printed Agenda
James Ward said he is a resident of south Orange County, and is here to speak
against the proposed amendment to the flag ordinance. He said he opposes this
proposed amendment as it is clearly targeting confederate flags, and would likely not be
on the table for flying a Black Lives Matter, Me Too, or Gay Pride flag; all of which, he
feels, should be able to be flown at any size on private property. He said the confederate
flag is not akin to the Nazi flag, and there was never any genocide in the South. He said
he hopes Orange County is a more tolerant County, and thanked the Board of County
Commissioners (BOCC) for its time.
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 Jacobs asked the Manager if she could ask staff to determine the impact
on the County should the Supreme Court approve the sales tax on Internet sales.
Commissioner Jacobs congratulated Chair Dorosin on arguing the Silver case before
the NC Supreme Court, related to the Halifax County school issue.
Commissioner Burroughs said, in response to the public comments, that slavery was
genocide, and said she had ancestors on one side of her family tree that were slave holders, of
which she is ashamed.
Commissioner McKee had no comments.
Commissioner Rich said two Sundays ago the Food Council presented the Racial Equity
Institute (REI) groundbreaking event, and food from Syria and Burma was served. She said it
was held at the Whitted Building, and she is grateful that they have a facility that can be used
for these types of events.
Commissioner Rich commended Katie Murray about the “Monumental Voices” event,
which was a lovely.
Commissioner Rich said the Emergency Services Department just spent a week
celebrating Emergency Services week, and the “911 calls” celebrated 50 years. She thanked
the New Hope Fire Departments for providing food. She said she brought Commissioner
Jacobs a present from the Forest Rangers: a bandana with Smokey the Bear on it, and a
coozie that instructs how to put out a campfire.
Commissioner Price said the BOCC previously received a petition from the community
about plastic straws and reducing plastic, and she wondered if large water dispensers could be
installed in County facilities, to reduce the use of plastic bottles.
Commissioner Price said she attended the Chapel Hill-Carrboro City Schools (CHCCS)
State of the Schools Report, and there is a lot of good work being done by a dedicated team.
She said the same is also true of Orange County Schools (OCS).
Commissioner Price said Cardinal Innovations had its quarterly meeting, and is making
efforts to be more accountable and responsive to the needs of its service community.
Commissioner Price said the Durham/Chapel Hill/Carrboro Metropolitan Planning
Organization (MPO) met, and is continuing its study of the 54-west corridor, and will hold some
community meetings in the future.
Commissioner Price said Deborah King, long time Executive Director of CASA, passed
away, and asked if the County could do something to commemorate her efforts for the
community. She suggested planting a tree or dedicating part of a community garden in her
honor.
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Commissioner Marcoplos said he attended Equity Summit 2018 in Chicago last week,
which dealt with food insecurity, justice issues, etc. He said he looked forward to bringing some
ideas to the Board of County Commissioners.
Commissioner Marcoplos said he attended the Go Triangle meeting this morning, and
mentioned a new website link , goforwardnc.org, which intends to provide better quality
information about the Wake, Durham and Orange County plans. He encouraged the BOCC to
review it, and see if there is anything pertinent that is missing.
Chair Dorosin said this was a tough week for the community, with Immigration and
Customs Enforcements (ICE) engaging in a series of raids in Orange and Chatham counties.
He said several neighbors were arrested, and are being detained. He said Orange County has
made great strides towards inclusion and welcoming all peoples, and he said it is frustratingly
tragic how quickly these types of raids and arrests can undo this work. He said these arrests
reflect a change in federal policy. He said the Towns, Police Departments, and Sheriff’s
Department have stood with the County in protecting the community, while not becoming
agents of the federal government or immigration. He said the BOCC remains committed to
inclusion, and support of all families who are living in fear of the government.
Chair Dorosin read a press release about a local woman taking sanctuary in a church in
Chapel Hill, noting that NC has the most active congregational sanctuary cases in the country.
Commissioner McKee petitioned to have staff bring information to the Board regarding
the exact charges for which local residents have been detained.
Matters not on Printed Agenda (extended)
Sherry Appel spoke on the Poppy Project, a WWI Centennial event that will occur
throughout the year, and she reviewed the various events happenings in reference to this
project.
4. Proclamations/ Resolutions/ Special Presentations
a. Discussion with Orange County’s Legislative Delegation
The Board met with the three members of the legislative delegation representing
Orange County in the North Carolina General Assembly to discuss topics and issues of concern
in preparation for the 2018 North Carolina General Assembly; and following the discussion,
provide any necessary direction on next steps to staff and Commissioners Mark Dorosin and
Penny Rich as the 2018 appointees to the Legislative Issues Work Group regarding the
development of any information for Board of Commissioners’ consideration.
PURPOSE:
To:
1) Meet with the three members of the legislative delegation representing Orange County
in the North Carolina General Assembly to discuss topics and issues of concern in
preparation for the 2018 North Carolina General Assembly; and
2) Following the discussion, provide any necessary direction on next steps to staff and
Commissioners Mark Dorosin and Penny Rich as the 2018 appointees to the Legislative
Issues Work Group regarding the development of any information for Board of Commissioners’
consideration.
BACKGROUND:
The 2018 North Carolina General Assembly “short session” convenes in May
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2018. The Board of Commissioners has historically appointed a Legislative Issues Work Group
(LIWG) to work with staff to develop a proposed legislative package for the County. Based on
the work of the LIWG, the BOCC then reviewed and approved packages of legislative items to
present to Orange County’s legislative delegation.
For 2018, and in contrast to past years, the Board of Commissioners has invited the three
members of Orange County’s legislative delegation to a regular Board meeting to discuss
issues of concern to the Board of Commissioners and the legislative delegation. Board
members will have the opportunity to converse with members of the delegation, and members
of the public will also have the opportunity to comment.
Following the discussion, the Board will provide direction to staff and to Commissioners Mark
Dorosin and Penny Rich as the 2018 appointees to the Legislative Issues Work Group.
Chair Dorosin said this is the first time the Board has used this meeting format for the
legislative discussion.
Chair Dorosin asked if the delegates could offer a sense of what to expect in the coming
session, and what the Board should be anticipating.
Senator Valerie Foushee said to expect the unexpected.
Representative Verla Insko said it will be a very short session, but some constitutional
amendments are expected.
Senator Valerie Foushee said she had nothing to add, but it will be a short, yet important
session, packed with things they do not want to see. She said she expects deliberation on at
least three constitutional amendments, and believes there will be some compensation
consideration for teachers and state employees.
Representative Graig Meyer said the 3 constitutional amendments he anticipates are:
voter id requirement; right to hunt and fish; and capping the state income tax rate at 5.5%. He
said there is discussion of replacing the income tax cap with an expenditure rate increase cap.
He said he thinks the most debilitating amendment would be the capping of the income tax rate,
as the State would be limited in the ways it can increase revenue to take care of severe needs.
He said the only other way to raise revenue would be to increase fees or the sales tax, which
would hurt residents, and put counties in an awful position.
Chair Dorosin asked if there was any update on getting rid of judicial elections.
Senator Valerie Foushee said she this is not on the list for constitutional amendments,
but she believes there will be a bill passed in some form, as relates to judicial redistricting.
Representative Verla Insko said this was on the table before, and she believes it will be
back again.
Representative Verla Insko referred to the abstract and Medicaid, and said the goal
behind moving to managed care is to reduce the number of unwanted prescription drugs and
unwarranted tests, which generate savings for private sector profit making companies that
come in to do the managed care. She said Community Care Network of NC has been
successful at saving money every year in the Medicaid program, so she is not sure if there is a
lot of left over funding in the Medicaid program. She said all are happy to have Governor
Cooper on board, and the wonderful Mandy Cohen as Health and Human Services Secretary.
Representative Verla Insko said every state starts out with a state health plan, put in
place when it enters into the Medicaid program. She said any changes to this are called state
plan amendments. She said the waiver to go to managed care was put forth by a previous
secretary, and is in Washington, DC. She said Secretary Cohen amended this waiver, and did
not have to go through the General Assembly (GA); and as part of that waiver, she included
Carolina Cares, a Medicaid expansion proposal, which includes a work provision.
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Representative Verla Insko said there has been an increase in funding for Smart Start
and early childhood education, and there is bipartisan support for these services; but the State
is still below the 2007 funding levels.
Representative Verla Insko referred to mental health funding, and said as hospital beds
were closed, funding was supposed to go into building community based facilities, which never
happened. She said expanding Medicaid would help provide mental health services to the
uninsured. She said the funds that were saved by closing hospitals went into Medicaid mental
health services, but only for those who are Medicaid eligible.
Senator Valerie Foushee addressed item #6: Raise Age for Juvenile Jurisdiction in
Criminal Court. She said this was accomplished in the 2017 budget, and will go into affect on
December 1, 2019.
Representative Graig Meyer referred to item #20: Broadband/Digital Infrastructure, and
said the Bright Futures Act passed the House in the last session, and has a good chance of
passing in the Senate. He referred to item #240: bona fide farm use, and said he negotiated a
study of the bona fide farm use to be put into one of the agricultural oversight committees. He
said he has been watching the committee agendas, and this has never been added to one. He
said he is unsure why, but will continue to pursue it. He referred to item #33: Agricultural
Economic Development, and said he thinks there will be continued efforts from the Legislature
to support the growth of the industrial hemp industry, and possibly helping to support the
development of a privately owned processing center that would be convenient for farmers.
Chair Dorosin said this is the list in the packet is from last year, and the Board will make
a new list.
Senator Valerie Foushee referred to item #15: Voter Registration and Voting, and said
all of this has been accomplished, with the exception of restoring straight party ticket voting and
public financing.
Commissioner Marcoplos asked if it is useful for the Board to hone down to 2 or 3 well-
defined issues, or to provide a laundry list of more generic issues.
Representative Verla Insko said a prioritized package is useful, and it is effective to
send something to them as the issue is on the agenda.
Senator Valerie Foushee said it is helpful for the County to include a resolution.
Commissioner Price asked if there is any update about the reduction in class sizes for
K-3.
Representative Graig Meyer said after the special session bill, which was an attempted
fix to this issue, it is now known that the class size mandate is going to be delayed by one full
year, and then staged in over four years. He said there is a pledge to provide additional funding
of specials classes, which will increase annually over the four years. He said there are two
problems: 1.) the formula used for the new funding allotment is less generous than the standard
per pupil allotment, so school districts are still going to be short on teachers; and 2.) there is still
no capital funding for increasing school facility space to meet the mandate of the class size
dropping. He said a verbal pledge was given by legislative leaders to address capital needs
during the short session. He said the House has been broadly supportive of a schools
infrastructure bond to try and address the massive capital needs of schools across the State,
but the Senate has not taken up this issue, nor expressed much interest. He said he has no
predictions about work actually being done on school capital needs.
Representative Verla Insko said she expected this bill will come to the House, and may
be able to be passed. She said the smaller class mandate is not possible for many school
districts to accomplish without significant capital increase, and building new classrooms.
Senator Valerie Foushee said the Senate will not take up this bill in the short session.
Commissioner Rich said the Board passed a resolution where everyone is registered to
vote when they reach a certain age, and she asked if this has hit the floor.
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Representative Verla Insko said she has not heard anything about this, but many people
are in favor of having automatic voter registration based on social security. She said there are
many ways to increase voter registration, and she is very pleased that 16 and 17 year old pre-
registration is back.
Commissioner Rich said more and more states are doing automatic registration.
Commissioner McKee said, given the less than warm reception he received in Raleigh
last year over impact fees, he has a slight understanding of the uphill battle the delegates face,
and he appreciates the effort put forth. He asked if the delegates would please give the BOCC
a heads up if anything significant is expected to happen.
Commissioner Jacobs asked the Chair if there is a specific process for this evening’s
discussion, and whether the BOCC has additional topics to be added to the resolution regarding
legislative matters.
Chair Dorosin said suggestions can be solicited from the Board, the old list amended,
and he and Commissioner Rich can come up with a working list to propose.
Commissioner Jacobs said it is critically important that school impact fees be reinstated.
He asked if the delegates would identify one thing that they would like to see accomplished in
the upcoming short session.
Representative Verla Insko said more funding for education is at the top of her list. She
said teachers are spending their own money to buy supplies.
Senator Valerie Foushee said the same, and that is the issue that will get the most
traction, since it is an election year.
Representative Graig Meyer said the Bright Futures Act should get done this year, and
that will be a net positive on rural broadband.
Commissioner Jacobs said there is a two-page spread in USA Today that discusses
what teachers purchase for their classrooms.
Representative Verla Insko said broadband is part of the education issue too.
Commissioner Jacobs said the Board has asked OCS to try and enable its buses with
Wi-Fi, but have had no response yet.
Commissioner Rich said she heard that the buses do not have enough power for more
than 2 hours of Wi-Fi usage, and asked if staff could find out if this is accurate.
Chair Dorosin said typically the BOCC sends a long list of items, knowing most of them
will not get passed, but also wants to provide support to the issues that are most useful to the
delegates in achieving some successes. He said it sounds like broadband and education
funding are the highest priorities. He asked if there are any other top priorities. He said he
recalls the BOCC prioritizing the top 4 or 5 items last year.
Representative Verla Insko said Medicaid expansion and mental/behavioral health
integration with physical health. She said there has been a public system of the management
of the mental health system, but the plan is to integrate the mild and moderate with the regular
physical health, so that there will be one Medicaid card. She said those with more severe and
persistent mental health needs would remain with Local Management Entity and Managed Care
Organization (LME/MCO), and ask for physical health to be integrated into that system.
Chair Dorosin asked if there are specific bill numbers for important issues:
Bill #s
• HB 68 (Bright Futures Act)
• Carolina Care bill has already been rolled into the waiver that has gone to DC, and
support for this waiver would be welcomed.
Greg Wilder, County Manager’s office, said he could address the five topics highlighted
by the BOCC last year:
#6 - Raise the Age - accomplished
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#15- Voter registration – most parts of this are accomplished
#24 - Bona fide farm use – addressed by Representative Meyer
#29 - Agriculture – Support Conservation of Working Lands and Farmland Preservation
#34 -Transportation funding
Chair Dorosin suggested that the Board look over the items in the packet, and to add or
delete items, and send them to all board members over the next two weeks. He said he and
Commissioner Rich will convene the Legislative Issues Working Group to compile a
comprehensive list.
ITEM MOVED UP
8. Consent Agenda
d. Resolution of Approval – Conservation Easement Amendment for Keith
Arboretum
The Board considered a resolution to approve an amendment to a conservation
easement held by Orange County for the Keith Arboretum now owned by Pickoretum, LLC, and
authorizing the Chair to sign.
David Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR)
Director, reviewed this item, and said this is an amendment to an existing conservation
easement.
BACKGROUND:
In September 2005 the Board authorized Orange County’s acceptance of a conservation
easement from Dr. Charles Keith. The Keith Arboretum, as it is now known, was purchased by
Jeffery Fisher of Pickoretum, LLC. The Keith Arboretum is located at the end of Marion’s Ford
Road (off Dairyland Road) in Bingham Township.
The conservation easement helps to protect 45 acres of arboretum consisting of an estimated
5,000 different species of plants as well as the undeveloped woodlands, and the Morgan Creek
headwater streams located on the property. The conservation easement was completed and
recorded on May 19, 2006.
The property is comprised of four adjoining tracts (Attachment 2). The former Keith residence –
a restored 1830’s log cabin – and the Arboretum are located on a 19-acre parcel
(Tract A). Tracts B, C and D are entirely wooded and undeveloped. Future development
rights were relinquished, with the exception of potential walking trails and a potential future
visitor/educational center and maintenance buildings for the Arboretum (restricted to Tract
A). Tracts B and C were to remain entirely undeveloped.
The owner, Jeff Fisher, initially requested an amendment to the easement that was broad in
scope and did not maintain or enhance the conservation values of the property. DEAPR staff
has worked with Mr. Fisher to amend the conservation easement to better serve the needs of
the arboretum while upholding the original conservation values of the property.
Kim Livingston, Land Conservation Manager, reviewed the following proposed
amendments that have been agreed upon by Mr. Fisher and staff:
• Remove the allowance for expanding the existing residence in exchange for allowing
the proposed new building footprint to be larger (1,000 square foot to 2,000 square
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foot), within the “Building Envelope”.
o Rationale: One for one swap of building footprint
• Allow for new structures or improvements proposed for locations outside the “Building
Envelope” to be built provided they are for the care, maintenance or enjoyment of the
arboretum and located on Tract A or B.
o Rationale: Allows for better and safer management of the Arboretum
as well as providing a better facility for public access.
• Allow for the construction and maintenance of pervious farm roads necessary to carry
out the improvements and permitted uses permitted on the Property.
o Rationale: Allows for better and safer management of the Arboretum.
• Allow Grantor to raise bees, or permit others to raise bees on the property, to support
the horticultural activities occurring within the Keith Arboretum; and to graze sheep for
the care and maintenance of the arboretum within the arboretum boundary. Grazing
would not be allowed within a 100-foot wide stream buffer and must comply with a
current Conservation Plan.
o Rationale: Allows for sustainable management of the Arboretum,
decreasing the need for herbicides.
• Trees may be removed, cut and otherwise managed to restore forest composition and
structure, to control insects and disease, to prevent personal injury and property
damage, or to salvage wind-thrown timber. Such management activities must be
pursuant to a Forest Management Plan prepared by a North Carolina Registered
Forester, the selection of whom is mutually agreed upon by Grantor and Grantee and
which management activities must be agreed to in advance by Grantee and Grantor.
o Rationale: Allows for sound, sustainable forest management practices
to restore pine forests to hardwood forests.
• Allow Grantor to engage or contract others to engage in any activity designed to
repair, restore, or otherwise enhance the natural resources found or once present on
the Property, that are consistent with the Conservation Values of this Conservation
Easement and subject to the written approval of the Grantee and the Natural
Resources Conservation Service.
o Rationale: Allows for natural resource value enhancement.
The Land Conservation Manager has evaluated the proposed amendment relative to purposes
of the conservation easement and the protection of the property’s “conservation values”, and
believes the proposed amendment strengthens the protection of the property afforded by the
conservation easement, while allowing this unique asset to be shared with the community.
Additionally, staff has received and reviewed a previous question regarding the protection of the
rare and specimen trees on the property, and that topic is addressed via the attached
memorandum, which was previously provided to the Board.
PUBLIC COMMENT:
Elise Alexander requested that the proposed changes be tabled for further discussion,
based on the following reasons:
• she questioned putting property in an easement if it is so easily changed
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• building on section B: this property has no access from Bright’s Way, and she is the
spokesperson for this Way;
• the proposed addition of 1000 square foot building, and other buildings that may be built
“as he determines for the enjoyment of the arboretum”. Mr. Fisher’s intent for the
arboretum is for it to serve as a community center for a housing development that the
present owner is putting in.
She said the original owner would not have wanted these changes, and she said the
current owner talked with her personally about his intent.
Vann Evans said this property is at the end of Marion Ford’s Road, and he has lived at
the end of this road since 1974. He said he and his neighbors do not want to see the proposed
changes. He said the present owner brought 400 acres adjacent to this property to build a
housing development. He said it is his opinion that they do not need this kind of development
on their rural road. He asked if Dr. Keith were here, what would he say?
Jo Vest said the neighbors need to have time to process changes in their neighborhood,
and they just heard about these changes about two hours before this meeting. She asked if the
Board would let the neighbors talk about this before any changes are made.
Chris Hagenberger said she has lived on Bright’s Way since 1990, and said section B
runs along Bright’s Way, and has a creek behind it. She said the only way the current owner
will be able to access his proposed maintenance building on section B is via Bright’s Way, due
to a creek being on the section of land. She said the only other option is to build a bridge
across the creek. She referred the owner’s request is too broad, and asked if the Board would
please table this item for now.
Susan Walser said she has lived in this community for 22 years, and has property
adjacent to the Keith property. She said the Keith Arboretum directly impacts many of the
neighbors. She said a big problem with this issue, is that the new owner is under the farm
exemption, and the arboretum is under this. She said these uses do not have to go through
special use permits process, neighbors are not notified, and there is no comment period. She
said Mr. Fisher makes requests and he changes the easements, and his requests are granted
such as “roamer”, people flying drones, walking their dogs, etc. She said the community wants
time to talk among themselves and with Board members.
Marilee McTigue asked the Board to protect Dr. Keith’s vision, and she seconded others’
comments. She said the community needs time to digest all of this information, and to support
the original vision.
Commissioner McKee said he has the same concerns about this amendment as he did
with Triple Crown development. He said he reviewed the bullet points in the abstract, and said
he does not understand all of them. He said this conservation easement was set up for the
preservation of this property, and gets very nervous when changes are made because he can
see trouble further down the road. He said the Board should proceed with great caution on any
issue like this.
Commissioner Jacobs said he and a couple of commissioners met with Jeffrey Fisher
several months ago, and he spoke about making a park, with the County being the facilitator of
a multi hundred-acre park. He asked if this is the same area that is now being referred to as a
potential subdivision.
Commissioner Rich said she thinks this is the same piece of land, but she does not
remember a housing development being a part of the conversation. She said there is some
concern, and she would like to see a neighborhood meeting take place so that Mr. Fisher can
explain his vision and get everyone on the same page. She said it was her understanding that
the roamer is gone, and most of their conversation in the past was about educational purposes.
David Stancil said he has heard a lot of new things tonight, and staff will be glad to have
a neighborhood meeting. He said much of what has been voiced tonight is about other
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properties that are owned by the same owner, and tonight’s item was about one specific
property. He said the Planning Department has not received any requests pertaining to the
other portions of land.
Bonnie Hammersley said there was a meeting between Mr. Fisher, Commissioner
Jacobs, Commissioner Marcoplos, Commissioner Rich, Travis Myren and herself, where a
request was made beyond what the staff felt could be done. She said she has heard a lot of
new information this evening. She said this evening’s item contains all that the staff felt it was
able to do, and it is not nearly as much as Mr. Fisher originally requested.
Commissioner Jacobs said there are two issues: 1.) He would like to see the original
abstract that proposed the conservation easement for Dr. Keith’s arboretum; and 2.) He
wonders if this is being used as a stalking horse for something else, and this would involve
planning as well as DEAPR. He said it is important to discuss everything with those most
impacted, including the present owner.
Commissioner Jacobs said the Board’s first priority is to protect the conservation
easement, for which the County paid, and suggested deferring this item until questions have
been resolved.
Commissioner Price agreed with Commissioner Jacobs.
Commissioner Burroughs supported tabling this item until discussions have taken place.
Commissioner Marcoplos agreed.
A motion was made by Commissioner Price, seconded by Commissioner Burroughs
Consensus to table this bring back with more information about original easement, community
meeting and also to get as much information as they can around this property.
VOTE: UNANIMOUS
4. Proclamations/ Resolutions/ Special Presentations RESUMED
b. Board of Adjustment (BOA) Overview
The Board received information regarding the purpose and operations of the Orange
County Board of Adjustment, including a brief presentation from Professor David Owens,
Gladys Hall Coates Professor of Public Law and Government, of the UNC School of
Government, and the Board will discuss this matter as necessary and provide direction to the
Manager.
BACKGROUND:
Orange County residents have expressed concerns regarding the operations of the Board of
Adjustment and staff appointed to assist the Board of Adjustment. The Board of
Commissioners directed staff to recruit a neutral third party to present an overview of the
purpose and operations of boards of adjustment. The County Manager, County Attorney, and
staff have been reviewing the issues raised and associated solutions and costs. In addition to
questions related to process concerns were expressed regarding availability of public records.
Orange County is in the midst of converting to a process in which most public records subject to
requests would be published on the County’s website. This conversion is ongoing, but once
complete will eliminate situations in which a record may be provided in a format not acceptable
to the requesting party. Per newly enacted state law most records will be posted electronically
in response to requests.
Below is a brief overview of county boards of adjustment:
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The Orange County Board of Adjustment is a quasi-judicial hearing panel appointed by the
Board of Commissioners. The term quasi-judicial usually refers to the adjudicative acts of an
elected or appointed official or board. In Orange County the quasi-judicial hearings before the
Board of Adjustment generally fall into three categories – appeals of final decisions,
applications for special use permits, and variances.
Unlike legislative hearings in which the public at large may comment on all conceivable policy
issues associated with the subject matter of the legislative hearing, there are restrictions on
who may participate in quasi-judicial hearings. The participants of a quasi-judicial hearing may
only be those interested parties with standing. Interested individuals with specific knowledge or
expertise on the subject matter may participate as witnesses or expert witnesses as long as
they have the ability to offer competent, material, substantive testimonial or other evidence.
Members of the general public may not participate if they do not fall into one of these
categories.
The parties to a quasi-judicial hearing have a right to have their matter heard by an impartial
decision-maker. If a member of a quasi-judicial board has already formed an opinion before the
hearing or has a conflict of interest, that member should not participate in the hearing. Members
of quasi-judicial boards should also ensure they have no ex parte communications either with
parties, witnesses, or the general public. Any such communications must, at a minimum, be
disclosed.
There may be members of local quasi-judicial boards who would prefer to deliberate in closed
session. This is not permitted. North Carolina open meetings laws require meetings of public
bodies to be held in open session so that the public may remain informed of the nature and
subject matter of the meetings. The law does have exceptions that allow closed sessions, but
these exceptions do not include the authority to deliberate on quasi-judicial hearings. The only
exception that may apply to boards of adjustment is consultation with an attorney. There may
be situations in which a board of adjustment needs to consult an attorney – for example, when
a decision is appealed to inform the Board of Adjustment of its role in the appeal.
Currently, meetings of the Orange County Board of Adjustment are attended by a staff attorney
of the County Attorney’s office. Under the prior County Attorney, meetings were attended by the
assistant attorney. In both situations the attorney was present to answer questions of law and
procedure and to help ensure due process. As noted above, it may be lawful for boards of
adjustment to meet in closed session to consult with an attorney. This has only occurred once
in the last thirteen years. That incident was for the limited purpose of discussing the board’s
role in an appeal. Questions of law are generally asked in open session and generally
responded to by all attorneys present.
Attachment 1 in their agenda packet shows examples of how surrounding counties and towns
staff board of adjustment meetings. None regularly hire independent counsel to represent their
boards of adjustment.
The only exceptions to this appear to be when there is an actual conflict for the attorney who
attends their board of adjustment hearings. Only in those situations does another attorney
attend for the board of adjustment. The only situations in which another attorney would be
needed are situations as noted above when the Board of Adjustment has questions of law that
for some reason cannot be asked in open session or if the County appeals a Board of
Adjustment decision. The former has occurred once as noted above. The latter has not
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occurred in at least the last thirteen years are unable to determine if it has ever occurred in
Orange County.
Orange County Planning Staff is presently training Planning Board members using an
interactive video E-Learning seminar series from the UNC School of Government. Some
training topics are directly relatable to the Board of Adjustment functions, including “Conducting
an Evidentiary Hearing” and “Making a Quasi-Judicial Decision,” both by Professor Owens.
Training can begin immediately for the Board of Adjustment and continue while the access is
active.
David Owens, Gladys Hall Coates Professor of Public Law and Government, of the UNC
School of Government, gave a brief history of the BOA. He said when zoning was first
envisioned, it was deemed that a separate board would be needed to handle quasi-judicial and
administrative aspects of development and regulations, as opposed to legislative body that sets
the policies and created the board in the first place. He said New York City had the first Board
of Adjustment to apply policies to individual cases where some judgement and discretion and
fact-finding were necessary.
David Owens said this was incorporated into the state enabling acts, which N.C.
adopted in 1923 for cities, and required a BOA. He said when counties were given the authority
to do zoning in 1959, that same authority was applied. He said the notion was that the Board of
County Commissioners would adopt policies, and determine the substantive requirements of
the development and regulation, with the advice of a planning board. He said once this was
done, decisions that were not objective and were the application of policy would be assigned to
the BOA. He said these decisions typically fall into one of three categories:
• Variances - justified by substantial hardship but still consistent with the purpose of intent
of ordinance;
• Appeals of staff decisions or interpretation of an ordinance
• Special/conditional use permit – where the ordinance says, “this is allowed in a zoning
district” but only if one can show evidence that specific standards set forth in the
ordinance are met: harmonious with the surrounding neighborhood, not have a
significant adverse impact on neighboring property values, be consistent with plan and
ordinance
David Owens said in carrying out the authority to make decisions, the BOA holds an
evidentiary hearing, not to determine public opinion, but to apply the ordinance as written by the
Board of County Commissioners. He said there is very little comment made at these hearings,
and the only reason to hold these hearings is to gather evidence to determine the facts that are
necessary to apply the ordinance as written. He said witnesses are under oath and subject to
cross examination, there is opportunity to present rebuttal testimony, and general fair trial
standards seen at a court, but in a slightly more informal sense.
David Owens said there are about 500 BOAs in N.C., made up mostly of lay members,
who exercise the judicial type function of hearing evidence, and based on that evidence,
applying the standards in the ordinance. He said if the BOA does not like the standards, it can
make a recommendation to the Board of County Commissioners to change the ordinance, but
the BOA has no authority to amend the ordinance on its own.
David Owens said he has been asked ahead of time to explain how BOAs are staffed
and who provides legal assistance to BOAs. He said in most cities/counties, the planning staff
provides planning and administrative support; and usually the city or county attorney provides
legal advice to the BOA. He said in smaller governments, most attorneys do not attend unless
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there is a controversial issue; but in larger governments, county attorneys almost always attend.
He said some larger jurisdictions hire outside counsel to represent the BOA, especially if the
county attorney is an active participant in the hearing on behalf of the staff whose decision is
being appealed. He said it would be unethical for the county attorney to advise the BOA and
represent the staff at the same time. He said Raleigh and Charlotte tend to have outside
counsel for the BOA all of the time. He said another variation that is sometimes used in larger
jurisdictions, is when there are multiple members of the city or county attorney staff, and they
will split up the duties, with one attorney advising the BOA, and another advising the staff if
necessary.
Chair Dorosin referred to the scenario where the attorney wears multiple hats, and
asked if this can occur in all three of the matters typically heard by BOAs, or is it more often
with appeals.
David Owens said it happens most often if there is a question of interpretation; where
someone has applied for a variance or a SUP. He said in many jurisdictions staff does not take
a position, so the attorney is generally working with the BOA, since he is not working with staff.
He said the appeals are different because sometimes staff makes a determination without
consulting the attorney. He said staff can ask an attorney to interpret laws, as can the BOA.
He said when additional counsel is hired, it is typically due to workload, as opposed to conflict of
interest.
PUBLIC COMMENT
Laura Streitfeld said she is here with Preserve Rural Orange, and thanked the BOCC for
adding this item to the agenda. She said she brought this request to the Board of County
Commissioners so as to look at the role of the BOA; access to public records; recording of BOA
meetings; and for considering the bona fide farm use as a priority with the legislative
delegation. She asked the BOCC to consider if using outside counsel would be appropriate
when the County Attorney is directly involved in the decision making process. She said the
bona fide farm item is of particular interest, and there are three properties in the County
operating event centers, while claiming bona fide farm use. She said there has been
legislation, since the BOCC prioritized this item last year, but the way that item #24 is worded
really lays out the question of whether the primary use should be agriculture, with marketing
and agritourism as secondary uses, in order to claim exemptions from zoning.
Commissioner Rich said Professor Owens spoke of outside counsel being necessary
due to high caseloads, and asked John Roberts if he knows the number of cases in Orange
County on a yearly basis.
John Roberts said the BOA meets 6-8 times per year, with usually one or two cases per
meeting. He said Orange County does not have nearly the caseload of larger entities.
Commissioner Rich clarified that there are 10-12 cases per year.
John Roberts said there was a slow down during the recession, but that is about
average.
Commissioner McKee said he has previously advocated for independent counsel for the
BOA, and his concern is not impropriety of staff or counsel, but rather it is one of perception.
He said having in house counsel can give the perception that the County Attorney is covering
the County’s position. He said he supports outside counsel, and does not think this would be a
funding issue due to their being a small number of cases.
Commissioner Price asked if a staff attorney is present at all BOA meetings.
John Roberts said Staff Attorney James Bryan attends all BOA Meetings, and he does
not advocate on behalf of staff at the BOA meetings. He said the attorney can answer a
planning staff question before it makes its way to the BOA, but the attorney does not advocate
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on behalf of the staff. He said should this situation arise, then outside counsel would be
retained.
Commissioner Jacobs said a county attorney was added to the BOA meetings as
developers were bringing their own attorneys to the BOA meetings. He said having an attorney
present is a good thing. He said the issue here is whether there should be recourse to the BOA
if it feels it requires or desires the additional support of outside counsel.
Commissioner Jacobs said he does not want to spend the extra money to have outside
counsel at every BOA meeting, and he feels that the County Attorney’s office does a good job;
however, the BOA should be given the opportunity to request outside counsel if it deemed it
necessary.
Chair Dorosin said there some things already being put in motion to improve the BOA
process:
• Recording BOA meeting
Bonnie Hammersley said she received quotes from the Clerk for the recording team at
the Whitted facility, and she will be recommending this as part of the FY17-18 budget for all of
the additional meetings.
• Access to public records on line
John Roberts said last session, the General Assembly passed a law changing the way
cities and counties can respond, and have that response be compliant with the law. He said he
began working with the IT Director to post almost all public records requests on line, and the
final process is being drafted now. He said once this is done, they will be able to get this
started for countywide responses to public record requests. He expects this process to be
completed in a month or two.
Chair Dorosin clarified that if one makes a public records request, the response to the
request will be posted on line so that not only the requestor can access them, but all of the
public may do so as well.
John Roberts said yes, there will be about a 10 day turn around between a request
being made and online access to view the response.
• Training for BOA members upon joining the BOA
John Roberts said Professor Owens has a webinar series, which includes: “Conducting
an Evidentiary Hearing” and “Making a Quasi-Judicial Decision”. He said both of these are
available to the BOA.
Craig Benedict, Planning Director, said a full year of access to the webinars was
purchased in December 2017. He said these are interactive webinars for either the BOA or
Planning Board. He said new members go through an orientation, including rules of procedure,
by laws, and a review of county created brochures. He said access to these webinars will be
helpful.
Chair Dorosin thanked staff for all its efforts on these different topics. He said the
question of outside counsel remains. He asked if Commissioner McKee wanted outside
counsel at all cases, or if he would prefer to follow the lead of the Town of Chapel Hill where
independent counsel is hired when necessary
Commissioner McKee said he would like independent counsel retained for all cases.
A motion was made by Commissioner McKee to retain outside counsel to represent the
Board of Adjustment in all matters coming before it.
Dies for lack of a second
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Commissioner Rich referred to the process in Chapel Hill, and asked if it is known who
determined when outside counsel is needed.
John Roberts said the Town Attorney decides if he has a conflict of interest, and outside
counsel is hired.
Commissioner Rich said that process is not consistent with what Commissioner Jacobs
is asking for, as he said the BOA should request an outside attorney, rather than the County
Attorney determining the need for outside counsel.
Commissioner Jacobs said he could make it cover both.
Commissioner Rich said covering both would mean that there would be outside counsel
at every meeting.
Commissioner Marcoplos said both the County Attorney and the BOA should be able to
weigh in for outside guidance, but he does not think outside counsel is needed all cases.
Chair Dorosin asked if it would be worthwhile to get more information: does Chapel Hill
have a written policy that is uses, and an estimate of cost.
Commissioner Jacobs said he is always willing to defer for more information, but it may
be difficult to get an estimate of the costs.
Bonnie Hammersley recommended getting more information, because this would be
setting precedence for an advisory board to make fiscal decisions with County money.
Commissioner Rich agreed with the Manager, and feels a policy is needed.
Commissioner McKee asked Bonnie Hammersley if there are any other
boards/committees/task forces in the County that look at quasi-judicial issues.
John Roberts said the Board of Equalization and Review and the Animal Services
Hearing Pool hear these matters. He said the Animal Services Hearing Pool does not have
outside counsel present, but appeals go directly to Superior Court.
Bonnie Hammersley said the question of an attorney arose when allowing the appellant
to have an attorney present, which was a new change to the ordinance.
Commissioner Jacobs said Chapel Hill does not authorize its BOA to do anything, but
rather the attorney is authorized. He said the BOCC would be doing something different, and
the BOCC could add in that the Chair of the BOA would have to report quarterly to the Chair of
the Board of County Commissioners about the usage of outside counsel. He said this could
provide oversight of any potential abuse, while allowing the County to respond to a public
irritation with the system.
Chair Dorosin said he does not philosophically disagree, but he is proposing to gather
more information prior to the summer break, and then resolve this.
Bonnie Hammersley said she would like to look at some historical analysis of BOA
meetings to determine length of meetings, and some ballpark costs. She said the Attorney’s
and the Manager’s offices do not have extra funding for this, and she would like more time to
review this information.
Commissioner Price said she thinks the County Attorney’s office should determine if it
needs to recuse itself and hire outside counsel. She said if it is the will of the BOCC to allow
the BOA to make the determination, she would like more information.
Commissioner Jacobs said at some point it is important to involve the Chair of the BOA
in this process, as the BOA may deem this offer unnecessary, or have other input.
Bonnie Hammersley said she would gather input from the BOA Chair.
Commissioner Marcoplos said if the County Attorney says there is a conflict of interest
then that should be honored immediately.
Chair Dorosin said this process is already in place.
c. Orange County Partnership to End Homelessness 2017 Report
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The Board received presentation on the 2017 activities of the Orange County
Partnership to End Homelessness (OCPEH) and also review an update to the homeless service
system gaps analysis.
Allison Demarco, OCPEH Chair, and Corey Root, Homeless Programs Coordinator,
reviewed the information below, as well as the OCPEH 2017 report, found in this evening’s
packet:
BACKGROUND:
The Orange County Partnership to End Homelessness was created in 2008 to coordinate
funding and activities to end homelessness in Orange County. OCPEH is jointly funded by
Orange County (39%) and the Towns of Carrboro (15%), Chapel Hill (41%), and Hillsborough
(5%), with the percentages based on the 2010 Census population counts.
Orange County Partnership to End Homelessness Coordinator Corey Root and OCPEH Board
Chair Allison De Marco will provide a brief presentation at the meeting and present the
homeless service system gaps analysis.
FINANCIAL IMPACT: There is no financial impact associated with receiving the report.
In addition to utilizing office space at the Link Government Services Center, OCPEH received
$43,096 for FY2017-2018 from Orange County. The total OCPEH budget for FY2017-2018 is
$170,502. Contributions from the other jurisdictions, based on the Census population
percentages noted above, were:
• $45,306 from Chapel Hill
• $16,575 from Carrboro, and
• $5,525 from Hillsborough
OCPEH is requesting $60,782 in FY2018-2019 from Orange County. The full requested
budget is $183,352, with the proposed contributions from the other jurisdictions (based on the
Census population percentages noted above) as follows:
• $63,899 requested from Chapel Hill
• $23,378 from Carrboro, and
• $7,793 from Hillsborough
Allison DeMarco highlighted the statistics from the 2017 OCPEH report.
Chair Dorosin asked if the Allison DeMarco could clarify the statistic regarding 127
people in Orange County who experienced homelessness on one night.
Allison DeMarco said of the 127 people, 35 were unsheltered, meaning they were living
in a place not meant for human habitation.
Chair Dorosin asked if the remaining people were living in better situations.
Allison DeMarco said yes and no.
Corey Root said this gets into the definition that HUD uses for homelessness, and the
others were in shelters or other transitional housing programs. She said one who is living in a
shed would be considered to be living in a place not meant for human habitation, but one who is
staying on different friends’ couches every night is not counted as homeless, under the HUD
definition. She said this definition really prioritizes the most vulnerable of the vulnerable.
Corey Root said there a group called the HOME committee, which meets on a monthly
basis and goes through a by name list, of those who have given consent to be on the list, and
completes housing case conferencing for each person. She said 21 people on this list were
housed in 2017, and 85 total since 2012.
Corey Root made the following PowerPoint presentation:
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Update to Homeless System Gaps Analysis
2017 – Homeless System Mapping
#1: Best-practice, fully-funded Rapid Re-housing
• What: Short-term rental assistance and case management for households with a mid-
range of service needs
• Funding target: $578,000
o 2 FTE case managers, rental assistance for 60 households
• Status: Partial
o $39,392 in ESG funding awarded (corrected from printed doc)
o $25,000 HOME funds previewed to start July 2018
o Case manager added Aug. 2017, subcontract to IFC Jan
o Strategy: Diversify funding sources
#2: Income-based rental units
What: Rental units that use household income to determine amount of rent paid by
clients
• Funding target changes for development vs. non-development
o Development: millions
o Non-development: $455,370
Master leasing for rental subsidies and case management for 50 units
• Status: Partial
o Limited units available from Town/County subsidies, HUD subsidies
o Referrals not coordinated or prioritized
o Community need far outstrips number of available units
• Strategy: Collaboration, Master Leasing
#3a: Landlord Partnership:
Housing Locator
• What: Staff to connect voucher-holders to existing units
• Funding target: $53,000
o 1 FTE case manager
• Status: Previewed
o CEF, July 2018
o Need funding July 2019 and beyond
• Strategy: Secure long-term funding
#3b: Landlord Partnership:
Risk Mitigation Fund
• What: Funding for landlords to partially recoup costs for damage and eviction for
voucher-holders
• Funding target: $55,000
• Status: Previewed
o Orange County Housing & Community Development, May 2018
• Strategy: N/A
#4: Drop-In Day Center with Integrated Services
What: One-stop access for services
• Funding varies significantly on approach
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o Orange Community Hub at CEF: $77,000
Upfit of space + contracts for off-site services (laundry)
Additional staff
o New space + 3 FTEs: $3.15 million
• Status: Partial
o OC Hub active with at CEF
o Criminal Justice Re-Entry Council for folks exiting correctional facilities
• Strategy: Decide on approach, secure long-term funding
#5: Street Outreach Program
What: Linking people living unsheltered with services
• Funding target: $80,154
• Status: Unfunded
o Community partner meetings resulted in program budget & hosting agency, UNC
Center for Excellence in Community Mental Health
o Not included in FY18-19 budget
• Strategy: Eligible ESG program; Foundations?
#6: 24-hour Bathrooms in Downtown
What: Free public restrooms open 24 hours
• Funding target: $205,000 for construction
• Status: Partial
o Chapel Hill - Wallace Deck bathrooms open daylight hours
o Carrboro - Town Commons open daylight hours
• Strategy: Integrate with #4 drop-in day center? Partner with Franklin Street churches?
Integrate in Chapel Hill downtown plans going forward? Have available in Carrboro
library opening 2020?
#7: Accessible & Housing-Focused Shelter
What: Shelter with low barriers to entry and housing-focused orientation
• Funding varies significantly on approach
o Re-tooling IFC Shelter: $194,700
Additional 155 staff hours & training
o New shelter construction: $3.17 million
Construction & staff costs
• Status: Partial
o Potential changes to Good Neighbor Plan?
• Strategy: Foundations? Local government?
#8: Diversion Funding
What: Assistance to prevent homelessness
• Funding target: $19,750
o Staff, financial assistance, training
• Status: Partial
o Many groups provide this, not coordinated or targeted
• Strategy: Recruit groups doing this work to collaborate
Commissioner Price said there is a request for additional funds for next year, and asked
if these funds are intended for additional services or for staff.
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Corey Root said this will keep the budget flat, but a decent amount of fund balance has
been used in the last two years, and this request is to maintain services at their current level.
Commissioner McKee referred to the Landlord Partnership Initiative, and said he
thought there was an agency in Hillsborough that was coordinating those in need of housing
with available housing. He said he thinks the name of the director is James Stroud, and he
asked if this initiative is different from what she is doing.
Corey Root said she sits with James Stroud on the Orange County Affordable Housing
Coalition, but is unaware of him serving a similar population. She said she will connect with him
further to make sure of no overlap.
Bonnie Hammersley said there are a number of agencies that are providing similar
services, but for different populations.
Sherrill Hampton, Housing Director, said James Stroud manages the Center for Home
Ownership, which works mostly towards home ownership, and not rentals. She said her office
has asked him if he will work closely with Habitat for Humanity and Community Home Trust
(CHT).
Commissioner McKee asked if there are efforts in place to keep all of these services
under one umbrella, in order to avoid duplication. He said all of these organizations do good
work, but he wants to make sure there is no overlap.
Bonnie Hammersley said her recommended budget will show that staff has eliminated
the overlap.
Commissioner Marcoplos said the street outreach program is prioritized as #5, which
indicates to him that those taking advantage of the services are finding out about them
somehow, even without street outreach. He asked if people are interfacing with other agencies
that are connecting them to these services.
Corey Root said in some cases, but there are still people who are not connected at all,
or not in an efficient manner. She said there are still a lot of gaps, and there are currently no
staff trained to go out and connect with those who are living unsheltered.
Commissioner Marcoplos asked if there is any idea of how many people with whom a
street outreach staff could connect, who are not finding their way to services somehow.
Corey Root said on one night in 2017, there were 35 people living unsheltered. She
said this is the highest unsheltered count on record.
Commissioner Jacobs said there are homeless people trying to live near Whitfield Road,
and asked if there is an update on this group.
Corey Root said it is her understanding that the Sheriff served the people living in this
area, as far as trespassing on the median near I-40 and Highway 86. She said she often drives
past this area, and has not see anyone in recent weeks.
Chair Dorosin thanked the OCPEH for all its efforts, and said there is a lot of
collaboration among these various organizations, but little overlap.
d. County Government Month
The Board considered voting to approve a proclamation designating April 2018 as
County Government Month in Orange County, and authorize the Chair to sign.
Todd McGee, Community Relations Director, reviewed the information below:
BACKGROUND:
The National Association of Counties (NACo) celebrates National County Government Month
each April in an effort to educate the public about county government. A proclamation to
acknowledge the month of April 2018 as County Government Month is attached.
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As part of National County Government Month, 2017-18 NACo President Roy Charles Brooks
has introduced the “Serving the Underserved” initiative, which focuses on the critical role
counties play in breaking multi-generational cycles of poverty. Orange County’s Family Success
Alliance was formed to combat poverty in the community. It is a collaboration of leaders from
local government, non-profits, schools, and the community who envision an Orange County
where all children and families have the opportunity to succeed in school and in life.
To highlight National County Government Month, the Community Relations Department
coordinated a social media campaign to draw attention to the many programs and services
offered by the County. Departments were asked to submit interesting facts and notes about
their services, and a different Tweet was sent each day during the month of April. Departments
highlighted included Environment, Agriculture, Parks and Recreation (DEAPR), Board of
Commissioners, Solid Waste, the Board of Elections, Human Resources, Animal Services,
Child Support Services, Aging, Information Technology and Economic Development. The
Community Relations Department is also sponsoring a County Budget Simulation Exercise for
students, which will be held at the Whitted Building on April 26, from 4:30 – 7 p.m.
Commissioners are invited to visit the session to hear how the different groups put together a
county budget.
Commissioner Price read the proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
County Government Month - April 2018
"Serving the Underserved"
WHEREAS, the nation’s 3,069 counties serving more than 300 million Americans provide
essential services to create healthy, safe and vibrant; and
WHEREAS, counties move America forward by providing health care, administering justice,
keeping communities safe, creating economic opportunities and much more; and
WHEREAS, Orange County and all counties take pride in their responsibility to protect and
enhance the health, welfare and safety of their residents in efficient and cost-effective ways;
and
WHEREAS, through National Association of Counties President Roy Charles Brooks’ “Serving
the Underserved” initiative, NACo is focusing on the critical role counties play in breaking multi-
generational cycles of poverty; and
WHEREAS, counties provide public health, justice, safety, infrastructure, transportation,
technology, environmental stewardship and economic services that play a key role in everything
from residents’ daily commutes to emergency response; and
WHEREAS, Orange County Government exists to provide governmental services requested by
County residents or mandated by the State of North Carolina, and is guided by the objective
that “Our Residents Come First” and with the charge to treat all residents and all County
employees with fairness, respect, and understanding; and
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WHEREAS, the Orange County Board of Commissioners have made tremendous investments
in public education, affordable housing, human services, economic development and public
safety to enhance the quality of life for all County residents;
NOW, THEREFORE, BE IT RESOLVED THAT we, the Orange County Board of
Commissioners, do hereby proclaim April 2018 as County Government Month and encourage
all County officials, employees, schools and residents to participate in county government
celebration activities.
This the 17th day of April, 2018.
A motion was made by Commissioner Price, seconded by Commissioner McKee for the
Board to approve and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
e. Resolution in Support of 3DaysCount™
The Board considered voting to approve a Resolution in Support of 3DaysCount™ – A
Nationwide Effort To Make Communities Safer And Ensure Better Outcomes For All By
Applying Common Sense Solutions To Widespread Pretrial Justice Challenges.
Cait Fenhagen, Criminal Justice Resource Director, reviewed the information below:
BACKGROUND:
At the April 3, 2018 Board meeting, the Board voiced an interest in considering a Resolution in
Support of 3DaysCount™ – A Nationwide Effort To Make Communities Safer And Ensure
Better Outcomes For All By Applying Common Sense Solutions To Widespread Pretrial Justice
Challenges. 3DaysCount™ is an initiative of the Pretrial Justice Institute’s. Commissioner
Renee Price provided a sample resolution as the basis for the attached resolution for Board
consideration.
Nearly 12 million people are booked into United States jails each year, mostly for nonviolent
misdemeanors, and a majority is detained before trial largely because they are too poor to post
even small money bond amounts – costing local governments a nationwide aggregate of nearly
$14 billion annually in incarceration expenses. Pretrial detention is also deeply disruptive to
people’s lives and can have serious consequences, from interrupted education and medical
treatment to lost jobs, housing, and even custody of children. Research also shows that when
people who are most likely to appear in court and stay out of trouble are detained for even three
days, they become more likely to be arrested for new criminal activity during the pretrial period
compared to similar individuals released within just 24 hours.
The goals of 3DaysCount™ are to help states reduce unnecessary arrests by expanding the
use of citations or summons, replace money bail with non-financial, least restrictive conditions,
restrict detention to the small number of people for whom no condition or combination of
conditions can reasonably assure appearance in court and public safety, and reduce disparity
within the pretrial justice system.
Orange County has already implemented many of the recommendations of the Pretrial Justice
Institute including:
• internalizing the Pretrial Release program in the Criminal Justice Resource Department
• using an evidence-based pretrial risk assessment tool
• ensuring the presence of defense counsel at first appearances
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• increasing opportunities for pre-arrest diversion
• employing mental health professionals to work directly with individuals incarcerated at
the County detention center to assess and refer to treatment in the community; and
• continuing to collect data and measure performance on County efforts.
Cait Fenhagen read the resolution:
RES-2018-025
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING 3DaysCount™ – A NATIONWIDE EFFORT TO MAKE
COMMUNITIES SAFER AND ENSURE BETTER OUTCOMES FOR ALL BY APPLYING
COMMON SENSE SOLUTIONS TO WIDESPREAD PRETRIAL JUSTICE CHALLENGES
WHEREAS, nearly 12 million people are booked into United States jails each year, mostly for
nonviolent misdemeanors; and
WHEREAS, more than 60 percent of people in jail are not convicted – detained before trial
largely because they are too poor to post even small money bond amounts – costing local
governments a nationwide aggregate of nearly $14 billion annually in incarceration expenses;
and
WHEREAS, pretrial detention is deeply disruptive to people’s lives and can have serious
consequences, from interrupted education and medical treatment to lost jobs, housing, and
even custody of children; and
WHEREAS, the money bail system places a disproportionate and unfair burden on people of
color, who, on average, face higher bail amounts even as they have fewer resources as a result
of chronic, systemic exclusion from economic opportunity; and
WHEREAS, research shows that when people who are most likely to appear in court and stay
out of trouble are detained for even three days, they become more likely to be arrested for new
criminal activity during the pretrial period compared to similar individuals released within just 24
hours; and
WHEREAS, the money bail system allows nearly half of those least likely to succeed on pretrial
release to quickly buy their release from jail with little to no meaningful support or supervision,
without regard for the needs of victims, witnesses, and the broader community; and
WHEREAS, the goals of 3DaysCount™ are to help states reduce unnecessary arrests by
expanding the use of citations or summons, replace money bail with non-financial, least
restrictive conditions, restrict detention to the small number of people for whom no condition or
combination of conditions can reasonably assure appearance in court and public safety, and
reduce disparity within the pretrial justice system; and
WHEREAS, Orange County has already implemented many of the recommendations of the
Pretrial Justice Institute including internalizing the Pretrial Release program in the Criminal
Justice Resource Department, using an evidence-based pretrial risk assessment tool, ensuring
the presence of defense counsel at first appearances, increasing opportunities for pre-arrest
diversion, employing mental health professionals to work directly with individuals incarcerated at
23
our jail to assess and refer to treatment in the community and continuing to collect data and
measure performance on our efforts;
NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners
hereby endorses the goals of 3DaysCount™; and
BE IT FURTHER RESOLVED, that Orange County Board of Commissioners strongly urges our
state-level stakeholders and government leaders to apply to join the Pretrial Justice Institute’s
3DaysCount™ initiative.
This the 17th day of April 2018.
A motion was made by Commissioner Price, seconded by Commissioner Rich for the
Board to approve the Resolution, and if approved, authorize the Chair to sign the Resolution in
Support of 3DaysCount™ – A Nationwide Effort To Make Communities Safer And Ensure
Better Outcomes For All By Applying Common Sense Solutions To Widespread Pretrial Justice
Challenges.
VOTE: UNANIMOUS
Commissioner Price asked for the Clerk to send both the proclamation and resolution to
Legislative Delegation, and to also send the proclamation to the National Association of
Counties (NACo) and the resolution to the North Carolina Association of County Commissioners
(NCACC) and all 100 counties.
5. Public Hearings
NONE
6. Regular Agenda
a. Major Subdivision Preliminary Plat Application – Triple Crown Farms
The Board continued reviewing and taking final action on a request to modify a
previously approved Major Subdivision Preliminary Plat application.
Michael Harvey, Current Planning Supervisor – Planner III, summarized the abstract and
information below:
STAFF COMMENT: At its April 3, 2018 regular meeting, the BOCC voted 3 to 3 on a motion to
approve the requested modification. As a result of the tie vote, the request was technically
denied. The BOCC then voted unanimously to bring the item back to the April 17, 2018 regular
meeting so the full BOCC could re-review and take action on the request.
BACKGROUND: The request seeks to modify conditions associated with roadway construction
within the Triple Crown Farms subdivision. Specifically, the applicant is seeking a modification
to the County’s original approval, which required internal roadways to be constructed to NC
Department of Transportation (NCDOT) public road standards.
STAFF COMMENT: As detailed during the April 3, 2018 BOCC regular meeting, the
Triple Crown Farms Major Subdivision was originally approved by the BOCC on June
17, 2014 as a 20 lot single-family residential subdivision. At that time the applicant
proposed, and the BOCC approved, internal roadways to be constructed to applicable
NCDOT public road standards.
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The developer is requesting that the roads be constructed to Class A private road standards as
detailed in Section 7.8.5 of the Unified Development Ordinance (UDO). The roads could still
meet NCDOT road standards except for elements of the drainage culvert/bridge construction
(i.e. the wing walls, side slopes, and bottom flow material) and other similar items.
Staff is recommending that this be approved, as articulated on Page 7.
Peter Bellantoni, of Pennoni, reviewed a PowerPoint presentation, which reviewed maps
and photos of the land. He said the issue with getting approvals for the development pertains
to three creek crossings: two off Secretariat Court, and a larger one on Galant Fox. He said
these three crossings were approved in 2014. He said the Developer has submitted essentially
the same layout (19 lots), with a few changes such as the two properties on the Triple Crown
Drive frontage being combined into one and sold; and trying to further reduce impervious
surfaces by going down to an 18 foot wide road; and eliminating the fire pond, due to an outside
source of sustainable water.
• He reviewed the culverts and pipe crossing/bridge structure and durability with maps
and photos.
• He said their structure is approved by DOT Standards.
• No problem with Emergency Services accessing these roads.
• Maintenance agreements
• Disclosure Statements
• He reviewed the modified proposal of a 10 lot exempt sub-division if the present
proposal is not approved- pros and cons
Commissioner McKee said, in the interest of full disclosure, he is a Summit Engineering
employee. He said he rode out to this development and saw the span of the bridge. He said it
blends in well with the environment, and he has no questions about the structural integrity of the
bridge, but it was not the one that was approved in the original permit, which said it would meet
Department of Transportation (DOT) standards.
Peter Bellantoni said the original plan showed for a span there, and DOT was not going
to accept a span, because it is an environmental crossing.
Commissioner Burroughs said she watched the video of the April 3rd, and this is an
unfortunate situation, but she believes that the disclosure statements will protect the residents,
and it is a net benefit to the County to approve this project with the larger number of lots.
Commissioner Rich asked if clarification could be provided between what the Army
Corps of Engineers wanted and what DOT wanted.
Michael Harvey said it is not a question of what the Army Corps wanted, but rather what
it would allow as part of its permit process. He said this is a situation of a difference in opinion
from two regulatory agencies, each of which have a separate and independent view of the
needs of a particular construction item. He said the Applicant chose a path that centers on
requesting that this comes back as private roads, to address its concern. He said for the
Applicant to comply with DOT standards, would have meant further impact on the stream, and
would have required the Applicant to go back to the Army Corps to revise their permit, for which
there was no guarantee they would get one.
Michael Harvey said buffers will not go away regardless of what shape this project
takes. He said the imposition of stream buffer requirements is not a subdivision development
standard, but is a zoning development standard. He said if there were ten-acre lots, each
property owner that had a water feature on their property, would have to preserve the buffer as
articulated in section 6.13 of the Unified Development Ordinance (UDO). He said all applicable
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development regulatory standards would be imposed on any independent lot developed as part
of any project.
Chair Dorosin asked if the roads will be smaller.
Michael Harvey said there would be an 18-feet wide roadway instead of 25-feet wide,
which is consistent with the County’s private road standard per section 7.8.5 of the UDO. He
said one of the benefits of this is the reduction in impervious surface area.
Chair Dorosin asked if there is a reason the developer did not come to the BOCC for
approval, prior making the modification.
Peter Bellantoni said they had submitted to DOT and the Army Corps, received the
permit for Army Corps, and the discussion with DOT seemed unresolvable. He said it was their
understanding that private roads were the alternate possibility. He said they should have come
to the BOCC sooner, but the crossing was needed either way.
A motion was made by Commissioner Marcoplos, seconded by Commissioner Price for
the Board to approve the applicant’s request to modify the proposed roadways within the Triple
Crown subdivision from public to private, and approve the modified Resolution of Approval
contained in Attachment 4 with recommended conditions recommended by staff .
VOTE: Ayes, 4 (Commissioner Rich, Commissioner Burroughs, Commissioner Marcoplos, and
Commissioner Price); Nays, 3 (Chair Dorosin, Commissioner Jacobs, and Commissioner
McKee)
7. Reports
NONE
8. Consent Agenda
• Removal of Any Items from Consent Agenda
- Item d: discussed earlier in the meeting.
- Items e and f by Commissioner Price
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
approve the remaining items on the Consent Agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
e. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline
Form Modification – Home Park Acreage Increase and Additional Land Uses
The Board considered a modification to a previously approved Amendment Outline Form (AOF)
and re-approve process/schedule components for a proposed text amendment to the Orange
County Unified Development Ordinance (UDO).
Commissioner Price asked if the ratio of mobile homes to the public parks/government
offices is known.
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Michael Harvey said the UDO does not establish a ratio, as this is a conditional zoned
process, it would have to come before the BOCC, to be reviewed with the Applicant. He said
the BOCC originally approved this amendment outline form to allow the staff to modify
allowable uses in the home park conditional zoning district. He said it was then determined that
with the density limits in Orange County, that a 50 acre lot size would not necessarily result in a
lot of mobile homes on a parcel of property within these low intensity watershed protection
overlay district areas. He said the Planning Director and Current Planning staff discussed the
issue, and opted to bump the minimal allowable acreage from 50 to 100 acres, which allows for
additional density for residential units, especially in those watersheds that are intended to be
low intensity.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
approve a modification to a previously approved Amendment Outline Form (AOF) and re-
approve process/schedule components for a proposed text amendment to the Orange County
Unified Development Ordinance (UDO).
VOTE: UNANIMOIUS
f. Board of Commissioners - Chatham Orange Joint Planning Task Force
The Board considered appointing Commissioner Barry Jacobs to the Chatham Orange
Joint Planning Task Force.
Commissioner Price asked who is serving on this task force now.
Commissioner Rich said that the same three people that were serving: Commissioner
Marcoplos, Commissioner Rich and Commissioner Jacobs, who will continue to serve going
forward, just in different slots. She said Commissioner Marcoplos will now be the Go Triangle
representative, and Commissioner Jacobs and Commissioner Rich will be the Orange County
representatives.
A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
approve appointing Commissioner Barry Jacobs to the Chatham Orange Joint Planning Task
Force.
VOTE: UNANIMOUS
a. Minutes
The Board approved the minutes from March 20, 22 and April 3, 2018 as submitted by the Clerk
to the Board.
b. Fiscal Year 2017-18 Budget Amendment #8
The Board approved budget and capital project ordinance amendments for fiscal year 2017-18
for the Department of Social Services; Department of Environment, Agriculture, Parks and
Recreation; Department on Aging; Orange County Food Council; and Library Services.
c. Application for North Carolina Education Lottery Proceeds for Chapel Hill – Carrboro
City Schools (CHCCS) and Contingent Approval of Budget Amendment #8-A Related
to CHCCS Capital Project Ordinances
The Board approved an application to the North Carolina Department of Public Instruction
(NCDPI) to release proceeds from the NC Education Lottery account related to FY 2017-18
debt service payments for Chapel Hill – Carrboro City Schools (CHCCS), and to approve
Budget Amendment #8-A (amended School Capital Project Ordinances), contingent on the
NCDPI’s approval of the application, and to authorize the Chair to sign.
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d. Resolution of Approval – Conservation Easement Amendment for Keith Arboretum
The Board will consider a resolution to approve an amendment to a conservation easement
held by Orange County for the Keith Arboretum now owned by Pickoretum, LLC, and authorize
the Chair to sign. (moved)
e. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline
Form Modification – Home Park Acreage Increase and Additional Land Uses
The Board modified a previously approved Amendment Outline Form (AOF) and re-approve
process/schedule components for a proposed text amendment to the Orange County Unified
Development Ordinance (UDO).
f. Board of Commissioners - Chatham Orange Joint Planning Task Force
The Board appointed Commissioner Barry Jacobs to the Chatham Orange Joint Planning Task
Force.
9. County Manager’s Report
Bonnie Hammersley provided an update on the Golden Leaf Foundation grants, for
which the County applied. She said the County did not receive the first grant for the
Hillsborough Area Economic Development District-Gravity Sewer; however, the County was
awarded the Piedmont Food and Agricultural Processing Center (PFAP) Regional Cold Chain
and Co-packing Initiative grant in the amount of $128,000.
10. County Attorney’s Report
John Roberts said he thought the BOCC would need a closed session tonight on a
proposed item, but he did not receive the necessary information for this item, and the closed
session is no longer necessary.
John Roberts said the BOCC is getting emails and members of the public speaking at
meetings, about the BOCC regulating the confederate flag, and he wants to reiterate that this is
not what the BOCC is considering. He said staff was tasked with coming up with content
neutral language, which will be forthcoming and will only regulate the size and height of flags.
He said there are two large confederate flags already flying in the County that he believes will
be unaffected by this change, and the only two flags that he knows of personally, which may be
impacted by this change, are American flags.
11. *Appointments
NONE
12. Information Items
• April 3, 2018 BOCC Meeting Follow-up Actions List
• Orange County Sustainability and Environmental Responsibility Goal Update
13. Closed Session
NONE
14. Adjournment
A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to
adjourn the meeting at 10:27 p.m.
VOTE: UNANIMOUS
Mark Dorosin, Chair
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Donna Baker
Clerk to the Board