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HomeMy WebLinkAboutMinutes 05-01-20181 APPROVED 5/15/2018 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING May 1, 2018 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, May 1, 2018 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: None COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) Chair Dorosin called the meeting to order at 7:02 p.m. 1. Additions or Changes to the Agenda The following items were noted at the Commissioners’ places: - PowerPoint for Item 4-a: Budget Presentation - PowerPoint for Item 6-b: SPOT 5.0 Update and Recommendations on County Transportation Priorities in TARPO Chair Dorosin said another Closed Session Purpose needs to be added to the other two closed session purposes at end of meeting: A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to add another closed session purpose at the end of the meeting: “To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease, “ NCGS 143-318.11 (a) (8) VOTE: UNANIMOUS Arts Moment Arts Commission Board Member Linda Williamson introduced Gary Phillips: Gary Phillips is the 2016-2017 poet laureate of Carrboro, North Carolina. He is a writer, naturalist and entrepreneur. Gary has a special interest and expertise in conservation easements and other land-protective strategies. He co-founded Weaver Street Realty over thirty years ago and is still active in the business. He lives in a rammed earth house with his wife Ilana Dubester in Silk Hope, North Carolina. Gary avidly reads poetry and anthropological science fiction, studies amphibian activities on full moon nights and was once Chair of the Chatham County Board of Commissioners Gary Phillips read a poem. 2. Public Comments 2 a. Matters not on the Printed Agenda Susan Attermeier said she is here to speak in support of the living wage, and she is on the steering committee of the Orange County Living Wage. She said there is some discussion about employing custodial and cafeteria works within Orange County schools, or outsourcing the job. She said these jobs are in the low wage job group, and presented a handout. She said when people are paid a living wage, they pay more income tax, need less government support, and purchase more goods and services. She said the Orange County Living Wage has worked hard to get employers to raise the wages of their lowest paid workers, and these efforts have lead to increases totaling $600,000-$700,000. She said these funds come back into the community, and leads to a positive cycle. She referred to an article in the NY Times on this topic. 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 Burroughs said she continues to be moved to discuss her views on the history of the confederacy, and she read an excerpt from the PBS article, “The Weeping Time”: “In March of 1857, the largest sale of human beings in the history in the United States took place at a racetrack in Savannah, Georgia. During the two days of the sale, raindrops fell unceasingly on the racetrack. It was almost as though the heavens were crying. So, too, fell teardrops from many of the 436 men, women, and children who were auctioned off during the two days. The sale would thereafter be known as "the weeping time." The owner of the slaves, Pierce Butler, had inherited the family's Georgia plantations some twenty years earlier, along with his brother John. But Pierce had squandered away his portion of the inheritance.” Commissioner Burroughs said Pierce Butler was one of her forebearers, and there is nothing of which to be proud. Commissioner Jacobs said at the next meeting he would like a status update on the projects with the mobile home park communities. Commissioner Marcoplos had no comments. Commissioner Rich said the Visitors’ Bureau (VB) met last weekend, and is having an ongoing conversation about AirBnB’s, and asked if John Roberts would look into what options are available for the County regarding these businesses. Commissioner Rich reviewed activities from the weekend: Northside block part at the Jackson Center; sold out National Association for the Advancement of Colored People (NAACP) Banquet; and the 21st Community Dinner. Commissioner Rich thanked the Human Relations Commission (HRC) for putting on the discussion about the Unified Development Ordinance (UDO) and the proposed changes that may be forthcoming about the flag. She said this was not a conversation, but mostly people making statements back and forth from opposing sides. She said it did not feel that anything changed, and, while it was a good first step, more needs to be done. Commissioner Price said she attended the first Orange County conversation about opioids, which had a host of attendees from the State and the County. She said the next day was the inaugural local Re-entry Council Program. She said she attended the North Carolina Association of County Commissioners (NCACC) District meeting, and each county reported 3 what was going on in its county, and the main theme was school funding. She said it reinforced the need for a bond referendum in November, which would only cover a potion of the needs. She said she attended the final program of the Frederick Douglass bicentennial, where one of Frederick Douglass’ decedents spoke about slavery in the past, as well as modern day human trafficking. Commissioner Price also thanked the HRC for the discussion last night, and she was pleased that both sides showed up, but more of a dialogue is needed. Commissioner McKee said he was late to the HRC meeting last night, but he heard the comments made after the presentation. He said it was disappointing to see the two sides talk at/past each other, rather than to each other. He said the primary is 7 days away, and encouraged all to get out and vote. Chair Dorosin asked if all the Commissioners would send him and Commissioner Rich any input on legislative items by May 8th. Chair Dorosin said there is a public charge at the beginning of each regular meeting and agenda, and he does not care for the wording of the charge. He said he finds it to be overly aggressive in its tone, and he would like to consider revising this charge. He said he will not read it in its current form. Chair Dorosin said he was not able to attend the HRC event, and encouraged everyone to keep realistic expectations, as these are incredibly serious matters that people feel very passionate about. He said there is always value in pulling back the curtain, and bringing it into the light. 4. Proclamations/ Resolutions/ Special Presentations a. Presentation of Manager’s Recommended Fiscal Year 2018-2019 Annual Operating Budget and FY 2018-23 Capital Investment Plan The Board will receive the Manager’s Recommended FY 2018-19 Annual Operating Budget and FY 2018-23 Capital Investment Plan. BACKGROUND: Each year during the month of May, the County Manager presents the Board of County Commissioners with a recommended spending plan for the next fiscal year. The Board of County Commissioners and County staff have held work sessions, as well as the BOCC Retreat, over the past nine months to discuss various issues and projects that guided the recommendations related to the County’s FY 2018-19 budget. During the meeting, the Manager will provide a brief presentation of the Recommended FY 2018-19 Annual Operating Budget and FY 2018-23 Capital Investment Plan. Bonnie Hammersley made the following PowerPoint presentation: FY2018-19 COUNTY MANAGER RECOMMENDED BUDGET Continuation Budget  DEBT SERVICE  PERSONNEL COST  CONTRACT OBLIGATIONS  RESERVE LEVELS  CHCCS AND ORANGE COUNTY SCHOOL FUNDING 4 Budgeted Expenditures and Revenues (bar graph) Budgeted Revenues (pie chart) Budgeted Expenditures (pie chart) Assumptions  Tax Growth = 3.0%  Sales Tax Growth = 2.4%  General Fund Reserve = 16% Phase In tax Rate Increase $0.0142 to $0.8519 (chart) Commissioner Rich asked if the phase in tax increase is to cover the bond for schools and affordable housing. Bonnie Hammersley said the majority of it does cover that, but it also covers some of the significant capital debt. She resumed the PowerPoint presentation: $0.0142 Tax Rate Increase Impact (chart) Request Compilation (chart) County Departments Employee Compensation Package (chart) Commissioner Jacobs asked if the living wage for temporary employees is being phased in to be the full living wage over the years. Bonnie Hammersley said this proposed living wage ($14.25/hour) will go into effect July 1, 2018. Commissioner Jacobs asked if this will parallel the rise which takes place in County Government. Bonnie Hammersley said yes. Commissioner Price said substitute teachers are still making $10/hour, and asked if this can be increased. Bonnie Hammersley said the County gives money to the schools, and it is at the schools’ discretion as to how the money is used. Chair Dorosin said the BOCC can encourage the schools to raise the living wage. Bonnie Hammersley resumed the PowerPoint presentation: FUNCTIONAL LEADERSHIP TEAMS  COMMUNITY SERVICES  Increase Solid Waste Program Fee $4 to $132 per year  GENERAL GOVERNMENT  Food Council Coordinator - 1.0 FTE (contingent on cost share amongst all jurisdictions)  EMS Billing Collections - 1.0 FTE (additional revenue)  Racial Equity Training (REI) - 1st year of 3 year plan (fund reallocation)  HUMAN SERVICES  Dental Hygienist - 1.0 FTE (new revenue and fund reallocation)  Implement pilot for “Local Housing Voucher” program 5  PUBLIC SAFETY  Criminal Justice Resources - 0.5 FTE (Contingent on new ABC revenue) Commissioner Marcoplos asked if there is a deadline for the Town of Chapel Hill to make a decision on the Food Council position. Bonnie Hammersley said by early June. Commissioner Marcoplos asked how much Chapel Hill is being asked to contribute. Bonnie Hammersley said about $40,000. She resumed the PowerPoint presentation: FY2018-19 Recommended Budget Education Chapel Hill-Carrboro City Schools (CHCCS) Orange County Schools (OCS) – table Chair Dorosin said he wants to know how exactly many students there are in CHCCS. Paul Laughton, Deputy Finance and Administrative Services Director, said it would be 12,387 minus 155 charter students. Chair Dorosin said OCS is 8,011 minus 769. Paul Laughton said yes. Chair Dorosin said the County is giving money for the total numbers of 12,387 for CHCCS and 8,011 for OCS. Paul Laughton said yes. Bonnie Hammersley resumed the PowerPoint presentation: Education: CHCCS and OCS Operations Paul Laughton referred to the previous slide, and said the out of district pupils are in the seats. He said these students are not included in the ADM, because they pay tuition. Chair Dorosin asked if the number of the actual students in the seats could be identified. Bonnie Hammersley said she would get the specific numbers in a simpler format to the BOCC by the May 10th public hearing. Commissioner Rich asked if this changes the percentages. Bonnie Hammersley said no, and the ADM determines the percentages, and those percentages are determined by the information received from DPI. Commissioner McKee said, as he understands it, in Orange County Schools there are 103 out of district students in the seats, for which the County does not pay, and 769 students in charter schools seats, for which the County does pay. He said the funds for charter school students is double, because the per pupil goes to the charter school, and the local district school is also held harmless. Chair Dorosin said then that money is distributed among the rest of the kids, making the per pupil higher than $4,000. He said he would like to know this specific figure. Bonnie Hammersley said staff will get that information to the BOCC. She resumed the PowerPoint presentation: Capital Funding for Schools Bonnie Hammersley said she is recommending a Deferred Maintenance Plan for each of the school districts, and is proposing to use about $3 million out of the $8 million fund balance. She said if the BOCC adopts this recommendation, the schools can provide a list of jobs to the County, and the County will reimburse the schools as these projects are completed. She resumed the PowerPoint presentation: 6 Last 5 years- increase in per pupil funding Durham Tech Community Recommended Budget Funding Commissioner Price asked if the intended purpose for the $75,000 could be identified. Paul Laughton said this is consistent with what Durham Tech has requested in past years. Bonnie Hammersley resumed the PowerPoint presentation: Outside Agencies Recommended Budget Commissioner McKee referred to the scoring, and asked if there are many agencies scoring below 70. He said if there are agencies scoring so low, it may be wise to consider to discontinuing the funding. Bonnie Hammersley resumed the PowerPoint presentation: Fire Districts Recommended Budget • two fire districts requested increases for equipment Recommended Budget Timeline Budget Timeline Date Recommended Budget Presentation May 1 Budget Public Hearings Budget and Capital Investment Plan May 10 and 17 Budget Work Session Schedule Schools and Outside Agencies May 24 Fire District, Public Safety, Support Services and May 31 General Government Human Services and Community Services June 7 Budget Amendments and Resolution of Intent to Adopt June 12 BOCC Regular Meeting FY2018-19 Operating and CIP Budget Adoption June 19 Budget Document Availability  Clerk to Board of Commissioners  County Finance & Administrative Services Office  Orange County Library  Chapel Hill Public Library  Carrboro/McDougle Branch Library  Orange County Website - http://orangecountync.gov Commissioner Jacobs asked if he could receive a chart of the increase in the County per pupil amount, over the last 5 years, and what percentage it is; and a chart of the same for the state legislators. Commissioner Jacobs said he appreciated the new housing voucher program. Commissioner Jacobs said adding positions that can pay for themselves is much appreciated. 7 Commissioner Jacobs said the report on the consolidated housing program has a number for people who are age 62 and older, which is almost identical to the number of students being funded in the two school systems. Commissioner Jacobs said a SWOT analysis was completed, which recommended that the County aim for 70% property tax dependence and this budget meets this recommendation. Commissioner Burroughs said she appreciated the work and the presentation; and she particularly appreciated the concept of the deferred maintenance for the schools over time. Commissioner Burroughs referred to the charter schools, and said, at some juncture, too many students will leave for charter schools, and it would be wise for the school districts, especially OCS, to show where/when children are leaving for charter schools. She said if the losses are scattered throughout the district, then the current plan is still valid, but if this trend continues, more information may be helpful. Chair Dorosin said he is not advocating for changing the policy, but rather he wants more information in order to tell the story to the residents of Orange County of the full range of support the County provides to the school districts. He said he thinks the number of children leaving the public schools for the charter schools is already at a critical point. Commissioner Burroughs said she would like to see the data on the charter students. Chair Dorosin said the County has close to 10% of students attending charter schools, and the school districts are held harmless. He said if this policy were to change, it would have a negative impact on the school districts. Chair Dorosin referred to Commissioner Jacobs’ point about the property tax, and said it would it would be useful to break down the 70% property tax to see how much is residential and how much is commercial. Commissioner Jacobs said the charter schools have their own growth plan, and the County needs to be more proactive in projecting where this trend is going. He said the County may not have any control over the charter schools, but it does have control over whether or not to keep holding harmless the charter school students. Chair Dorosin said the state law was changed last year, and now charters can grow up to 20% without additional oversight. Commissioner Marcoplos said Commissioner Burroughs’ request for more information gets to the point that all of the lights do not have to be kept on if 30% of the students have left a district. Commissioner Jacobs said this may work in tandem with the mandated class size reduction. Commissioner Price said there are incentives provided to businesses to build in Orange County, and as these incentives time out, the County starts to see tax revenue. She asked if the revenues will be projected in the budget at any point. Bonnie Hammersley said it will show in the 5-year projection, and this is the last year of the incentive for Morinaga. She said there will be a little bit more money in article 46, as it is currently being used to pay the incentive. Commissioner Price asked if this is shown now. Paul Laughton said it shows now in the article 46 sales tax fund. Commissioner Price said there is a trend with students leaving, but the County needs to find out why the students are leaving, or else we will end up with one school district being wealthier than the other. She said it is important to think about how to get the schools back to a level where parents want their children to return. 5. Public Hearings a. Public Hearing on the Financing of Various Capital Investment Plan Projects 8 The Board conducted a public hearing on the issuance of approximately $8,150,000 to finance capital investment projects and equipment for the fiscal year; and approve a related resolution supporting the County’s application to the Local Government Commission (LGC) for its approval of the financing arrangements. Gary Donaldson, Chief Financial Officer, reviewed the information below: BACKGROUND: County staff estimates that the total amount to be financed for capital investment projects and equipment will be approximately $8,150,000. The financing and transaction costs are included in the loan amount. The North Carolina General Statutes require that the County conduct a public hearing on the proposed financing. The notice of public hearing was advertised in The Herald Sun and the News of Orange. A copy of the published notice is provided at Attachment 1. Since the actual public advertisement, the project name for the Environmental Agricultural Center has been changed to the Northern Campus site acquisition and an additional $60,000 has been added to the 911 Center Improvements, these represent the only changes from the actual public advertisement. After conducting the public hearing and receiving public input, the Board will consider the adoption of a resolution (Attachment 2). This resolution formally requests the required approval from the North Carolina Local Government Commission (LGC) for the County’s financing, and makes certain finding of fact as required under the LGC’s guidelines. County staff has been in contact with the LGC staff, and staff expects no issues with receiving LGC approval. If the Board adopts the resolution indicating its intent to continue with the financing plan, the Board will be asked to consider a resolution giving final approval to the financing plans at its June 5, 2018 meeting. Under the current schedule, County staff expects to set the final interest rates and close on the financing by the end of June 2018. FINANCIAL IMPACT: There is no financial impact related to conducting the public hearing and approval of the resolution. However, there will be a financial impact in proceeding with the financing. A preliminary estimate of maximum debt service applicable to the capital investment projects and equipment financing would require the highest debt service payment of $1.2 million in FY 2019-20. The tax rate equivalent for the estimated highest debt service payment is approximately .67 cent. Commissioner McKee asked if this money is for the current Agricultural building. Gary Donaldson said no, it is for the new northern campus. A motion was made by Commissioner Price, seconded by Commissioner Rich to open the public hearing, VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner McKee to close the public hearing. VOTE: UNANIMOUS 9 Chair Dorosin asked if it matters that the public hearing notice listed one figure, and there is another number for the BOCC to approve, Bob Jessup, Bond Counsel, said it does not matter since they are comparable numbers. A motion was made by Commissioner Burroughs, seconded by Commissioner Price for the Board to adopt the resolution supporting the application to the Local Government Commission for approval of the financing. VOTE: UNANIMOUS 6. Regular Agenda a. Orange County Consolidated Plan – FY 2018-2019 Annual Action Plan and Proposed FY 2018-2019 HOME Activities The Board considered voting to adopt a Resolution approving the Consolidated Plan’s proposed FY2018-2019 Annual Action Plan; adopt and authorize the Chair to sign a Resolution approving the proposed HOME Program Activities for FY 2018-2019; and authorize the County Manager to implement the HOME Program as approved by the BOCC, including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney and based on the allocation received from HUD. Sherrill Hampton, Housing Director, reviewed the information below: BACKGROUND: In May 2015, based on Federal requirements, a Consolidated Plan for Housing and Community Development Programs in Orange County was developed by the HOME Consortium and approved by the U.S. Department of Housing and Urban Development (HUD). This document details the housing needs of very low income, low income and moderate income families and special population groups, in addition to outlining the strategies and plans for addressing those needs. FY 2018-2019 will be the fourth year of the 5-year Plan. Each year, local communities are required to reassess the needs of the community. Public hearings provide an opportunity for the public, public agencies and other interested parties to provide input as it relates to the Consolidated Plan and updates of the proposed Annual Action Plans. The public is also asked to comment each year on the proposed uses of the annual HOME allocations. Public hearings were held by the Board of Commissioners on December 4, 2017 and April 3, 2018 to receive resident input and comments regarding the proposed Annual Action Plan and uses of FY2018-2019 Program Year Funds. Furthermore, a 30-day written public comment period was provided from March 29 - April 30, 2018. Notices were placed in The Herald-Sun, News of Orange and La Noticia. Copies of the proposed Annual Action Plan are made available at Orange County Housing and Community Development Department’s Main Office, Orange County Library and the Chapel Hill Library, as well as on the Orange County Website. All public comments received are summarized in the proposed FY 2018-2019 Annual Action Plan. The Orange County HOME Consortium, known as the Orange County Local Government Affordable Housing Collaborative, anticipates the following Federal financial resources for FY 2018-2019: FY 2018 HOME Funds $ 289,693 10 HOME Program Income $ 13,306 HOME Match $ 65,181 Total $368,180 The above amounts are estimates only and may be adjusted according to the allocation received from HUD. Furthermore, the HOME Consortium, comprised of one (1) elected official and staff members from Orange County, the Town of Carrboro, Town of Chapel Hill and Town of Hillsborough, reviewed the applications received as it related to proposed FY 2018-2019 HOME funds and made recommendations regarding funding for consideration by each of the Consortium member jurisdictions’ elected bodies as follows: Community Home Trust - Homeowner Assistance $ 60,000 Empowerment, Inc. – Rental Acquisition $145,000 Habitat for Humanity – Homeownership $ 60,000 Inter-Faith Council for Social Services (IFC) – Rapid Re-Housing and General Tenant-Based Assistance $ 25,000 Orange County – Housing Rehabilitation $ 49,211 Administration $ 28,969 Total $368,180 The requested amounts above may be adjusted based on the allocation the HOME Consortium receives from HUD. In accordance with the Orange County HOME Consortium Agreement, approved in May 2011, the HOME Program Design for each year must be approved by all jurisdictions prior to submission to HUD. The HOME Program Design is scheduled for approval by the Town of Carrboro on May 1, 2018 and by the Town of Chapel Hill on May 2, 2018. The Town of Hillsborough adopted the HOME Program Design on April 9, 2018. The Board of County Commissioners (BOCC) is therefore asked to consider approval of the attached HOME Program Resolution. The FY 2018-2019 Annual Action Plan will be submitted to HUD on or before May 15, 2018. HOME Program Implementation After approval of the FY 2018-2019 HOME Program Design by all Consortium participants, authorization is also requested to allow the Orange County Manager, based on the HUD allocation received, to execute agreements with partnering non-profit organizations as necessary to implement the approved HOME Program Design. All agreements will receive the review and approval of the County Attorney’s Office. Commissioner Jacobs asked if there was any discussion within this group about relocation funds for those being displaced from mobile homes. Sherrill Hampton said this topic was covered under part of the displacement mitigation assistance program, approved by the BOCC in March 2018. She said there is also the risk mitigation and housing displacement fund, approved by the BOCC in the past budget cycle. She said guidelines have been created and sent out to the local non-profit providers. She said the HOME program is a federal one, and thus all are being very cautious with compliance issues when trying to serve undocumented people. 11 Commissioner Jacobs said he was wondering if the federal funds could be used, and not solely rely on local funds, but if there is concern about undocumented individuals, then it is more complicated. Chair Dorosin asked if the line for administration comes back to the department to cover staff salaries. Sherrill Hampton said a very small portion is used to cover salaries, and it is mostly used to cover soft costs such as lead testing, etc. Commissioner Price said she is surprised that lead is still an issue. Sherrill Hampton said it is prevalent in the older homes. Commissioner Price asked if the number of affected units is known. Sherrill Hampton said she can get this information to the BOCC. Sherrill Hampton shared that the County received its allocation for FY18-19, and there will be a surplus. She said staff will be meeting with the housing collaborative later in May to determine the best uses for these additional funds. A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the Board to: 1) Adopt a Resolution approving the Consolidated Plan’s FY 2018-2019 Annual Action Plan; 2) Adopt and authorize the Chair to sign a Resolution approving the proposed HOME Program Design for FY 2018-2019; and 3) Authorize the County Manager to implement the FY 2018-2019 HOME Program Design, as approved by the BOCC, including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney and based on the allocation received from HUD. VOTE: UNANIMOUS b. SPOT 5.0 Update and Recommendations on County Transportation Priorities in TARPO The Board received an update on Strategic Prioritization Office of Transportation (SPOT) 5.0 activities from Orange County Transportation Planning staff and considered the Orange Unified Transportation Board’s (OUTBoard) recommendation for Orange County’s priorities within the Triangle Area Rural Planning Organization (TARPO). BACKGROUND: SPOT 5.0 Update – The North Carolina Department of Transportation (NCDOT) released its SPOT 5.0 scores on April 3, 2018. Metropolitan and Rural Planning Organizations (MPO/RPO) are limited to the number of transportation projects that can be submitted and scored through the process. Orange County’s prioritized transportation projects scored in SPOT 5.0 are now subject to different MPO/RPO adopted – and NCDOT approved – local input point processes. Projects receiving local input points will ultimately score higher than those that do not, which increases likelihood of State funding through the State Transportation Improvement Program (STIP) FY 2020-2029. Following are some key aspects of the local input assignment methodologies from each of the County’s applicable transportation planning organizations: Triangle Area Rural Planning Organization (TARPO) • Orange County submitted 6 transportation projects to TARPO of which 3 were scored. 12 • Its process for assigning local input points incorporates both quantitative data and priorities from member jurisdictions that must rank their scored projects. • The top two ranked projects scored for each member county (Chatham, Lee, Moore, and Orange) in TARPO will be given the full 100 local input points. • Additionally, the 6 next-highest scoring projects within TARPO will also be allocated 100 local input points. These projects will be determined after all counties have submitted their rankings, which are due to TARPO staff by May 15. • TARPO staff will conduct a public drop-in session to present the local input assignments and gather input during late-May/early-June. No BOCC actions are required at this time for the Durham – Chapel Hill – Carrboro Metropolitan Planning Organization (DCHC MPO) and Burlington-Graham Metropolitan Planning Organization (BG MPO). Following is a brief update on their local input point processes for information. DCHC MPO • Orange County submitted 19 transportation projects to DCHC MPO of which 6 were scored. • DCHC MPO staff is conducting its quantitative based process and will publish the results for a 21-day public review period running from May 14 through June 4. BG MPO • Orange County submitted 3 transportation projects to BG MPO, none of which were scored through SPOT 5.0 due to BG MPO project ranking and selection processing, which put projects with the highest pre-preliminary scores forward. • Orange County staff is working with BG MPO staff and staff of other member jurisdictions to develop a process for SPOT 6.0 that considers more than just pre- preliminary scores as prerequisite for formal scoring. Additional specifics on the local input point methodologies of the two MPOs and RPO were provided as an Information Item to the BOCC at its January 23, 2018 meeting. OUTBoard Recommendation for Ranking of County Transportation Priorities in TARPO – All counties within TARPO have been asked to rank their scored transportation projects. At its April 18, 2018 meeting, the OUTBoard recommended the following: • Orange County Public Transit Purchase of Two Light-Transit Vehicles be ranked as the County’s top project, followed by Old Greensboro Road and Efland-Cedar Grove Road Modernization and 4’ paved shoulder (Attachment 1). • NC-54 should not be ranked, as it is not identified as a County priority and completion of the NC 54 Corridor Study remains pending. • NCDOT should include crosswalks, intersection improvements and bike/pedestrian safety modifications when doing modernization projects. • Bridge on Old Greensboro should accommodate pedestrian and vehicular safety. Transportation Planning Staff Comments – It is clear that Orange County’s top two ranked projects will receive the maximum (100) local input points from TARPO through its methodology. 13 How many local input points will be allocated to Orange County’s third ranked project will not be known until all member counties submit their prioritized rankings to TARPO staff and they are scored through its internal methodology for assignment. It is possible that Orange County’s third ranked project may receive less than the maximum amount of local input points. Additional Background Information on SPOT 5.0 - The preliminary results of Orange County prioritized transportation projects are presented in Attachment 2. In accordance with State regulations and in coordination with the NCDOT schedule, MPO/RPO Board approvals of local input point distribution are scheduled for June, following a 21-day public review period. Transportation planning staff will continue to keep the BOCC informed throughout the SPOT 5.0 process. Nishith Trivedi, Transportation Planner, made the following PowerPoint presentation: Strategic Prioritization of Transportation (SPOT) 5.0 & County Recommendations in TARPO 5/1/18 Outline  SPOT 5.0 Process & Update o Draft Orange County Statewide Priorities o Preliminary Orange County Regional and Division Priorities Scores  County Transportation Project Ranking in TARPO o OUTBoard Recommendations SPOT 5.0 Process & Update Process – How projects get funded • 2013, General Assembly passed Strategic Transportation Investment (STI) Law o New formula and process for funding transportation projects o Data driven with local input • STI takes money from NCDOT’s Capital Projects (state and federal sources) and divides it into three buckets • NCDOT develops a Statewide Transportation Improvement Program (STIP) every two years. o 10-year “Programmed” projects  1st 5-years are “committed”  2nd 5-years are “development” – subject to reprioritization Process – 3 STI Funding Pots (chart) Process – Role and Responsibility (chart) Process – Score Breakdown (pie chart) Process – STIP Dates (chart) Draft Orange County Statewide Priorities (3 in Orange County) New Scored & Funded I-85/NC-86 Interchange 14 • New interchange o Diamond with widened bridge and turn lanes • Committed statewide highway project for DCHC in SPOT 5.0 o ROW in 2024 o Construction in 2026 o Same timeline as current STIP Funded - I-40 Widening in Orange County • Add lanes from I-85 to US 15/501 • Developmental Project – ROW in 2025 • Previously in “future years” • Widen I-85 from Orange Grove Road in Orange County to Sparger Road in Durham County • Widens entirety of four-lane section of I-85 in Orange County • New Developmental Project o ROW in 2025 o Construction in 2027 Preliminary Orange County Regional and Division Priorities Scores Orange County Priorities Preliminary Scores (chart) Process – Current Status (graph) County Transportation Project Ranking in TARPO TARPO Local Input Point Process • TARPO’s process is 50% NCDOT data score and 50% county-level rankings. Together they determine how local points are assigned. These county-level rankings are developed/adopted by the local jurisdictions within each of the four counties in TARPO. o Orange County o Chatham County  Goldston  Pittsboro  Siler City o Lee County  Broadway  Sanford o Moor County  Aberdeen  Carthage  Foxfire Village  Pinehurst  Robbins  Southern Pines Vass Orange County Priorities in TARPO May 2, 2017 BOCC Resolution 1. Old Greensboro Road Paved Shoulder 2. Efland-Cedar Grove Road Improvements 15 3. Deviated Fixed Route Service Implementation Vehicles Orange County Priorities in TARPO April 18, 2018 OUTBoard Recommendation 1. Deviated Fixed Route Service Implementation Vehicles 2. Old Greensboro Road Paved Shoulder 3. Efland-Cedar Grove Road Improvements Orange County Priorities Preliminary Scores (NCDOT Data Portion) Manager Recommendation • The Manager recommends the Board consider the OUTBoard recommendation included in Attachment 1 as the County’s ranking for submittal to TARPO. Commissioner Jacobs referred to the Efland - Cedar Grove Road project, and said when Hillsborough expands its reservoir it may change the roads, and asked if this will change the ranking. Nishith Trivedi said no, and this is ranked by DOT as a modernization project. Commissioner Jacobs said if Hillsborough is going to change the road, it does not make sense to make improvements until Hillsborough’s plans are known. Nishith Trivedi said he would look into this. Commissioner Jacobs asked if the work at I-85 and NC 86, and the widening of I-85 in general, will eliminate all of the trees. Nishith Trivedi said this is part of a committed funded project, and design and engineering have yet to be completed. Commissioner Jacobs asked if staff could find out why DOT is removing trees. Commissioner Jacobs referred to information in the abstract about the BGMPO, and asked if the following wording could be translated into layman’s terms: “develop a process for SPOT 6.0 that considers more than just pre-preliminary scores as prerequisite for formal scoring”. Commissioner Rich said she was confused about this language as well, and it seems that nothing ever gets funded with the BGMPO. She said this is of concern to her. Nishith Trivedi said the BGMPO has a subcommittee meeting going over the SPOT 6.0 process, to determine which projects to put forward. He said he will gather additional information for the BOCC. Commissioner Rich said NC 54 was not ranked, but was put in. She said the OUTBoard did not want to put it in, due to not knowing the completion of this. She asked if there is an update on the completion. Nishith Trivedi said staff recommended not putting any points on NC 54 projects, since staff did not submit it, and it was not part of TARPO’s. He said it was a surprise to everyone when that project showed up on the SPOT process. He said a corridor study is being completed on NC 54, and DOT is awaiting it. Commissioner Rich asked if it is known when this study will be completed. Nishith Trivedi said some time in the fall of this year. Commissioner Rich asked if this study would be done on time to get into SPOT 6.0. Nishith Trivedi said this can be reviewed to see if the BOCC wants to submit it for SPOT 6.0. Commissioner Marcoplos asked if these rankings speak for themselves, or will the BOCC be asked to testify on behalf of its favorite roads. Nishith Trivedi went to the table on page 10 of the slides, and said the projects are ranked based on the May 2nd resolution, with Old Greensboro Road ranked number 1; Efland - 16 Cedar Grove Road ranked number 2; and OCPT ranked number 3. He said staff agrees with these recommendations, and the OUTBoard recommends ranking OCPT as number one. Commissioner Marcoplos said he drives Old Greensboro Road all the time, and it would be nice to see some improvements. Chair Dorosin referred to the same slide, and asked if the maximum number of points a project could receive is 50. Nishith Trivedi said yes, the maximum score is 50 based on NCDOT’s quantitative data. Chair Dorosin clarified that none of Orange County’s projects scored higher than 25. Nishith Trivedi said yes. He said NCDOT is now looking for local input points, which will raise the score. Chair Dorosin asked if the local input scores will go in the second column, or be added to the division score. Nishith Trivedi said it will be added to the division score. He said the top ranking item will get the most number of points added, but there is no guarantee that any projects will get funded. He said the maximum amount any project can score is 100 points total. Commissioner McKee said given that the impact of the reservoir expansion on Efland - Cedar Grove Road is an unknown, he suggested that the BOCC be laser focused on getting transit services, and thus move Efland - Cedar Grove out of contention. Commissioner Marcoplos asked if choosing only one item to recommend, would guarantee any more certainty of funding. Nishith Trivedi said items number one and two will each receive 100 points. A motion was made by Commissioner Rich for the Board to approve the OUTBoard recommendation included in Attachment 1 as the County’s ranking and submit to the TARPO. Commissioner McKee said Old Greensboro Road is more critical, since it has a lot of bike traffic, and he would rank this project higher than the transit buses. He said he would love to see 4-foot shoulders added to Old NC 86. Commissioner Marcoplos echoed Commissioner McKee’s comments, and said so many of the rural roads are dangerous on a daily basis. Commissioner Marcoplos asked Theo Letman, Transportation Director, if he could give the relative value of recommending the transit buses versus the roadwork. Theo Letman said the transit vehicles are necessary for the fixed deviated services that the County has been planning to deploy, as well as for ADA services. Commissioner Marcoplos asked if the cost for these buses is known. Theo Letman said $54,000 per bus. Commissioner Jacobs said, at the last meeting, three advisory boards reported a need for increased transportation in rural areas, and the Board also recently discussed the lack of funding to purchase a public transportation vehicle. He said he likes the idea of the bike lanes, but he said the highest priority is public transportation. Commissioner Price asked if the BOCC could just recommend only two projects, and put all the weight of the points on the top 2. Nishith Trivedi said yes. Commissioner McKee said Old Greensboro Road and OCPT are priorities, and he does not oppose the motion in any way. Commissioner Burroughs seconded the motion. VOTE: UNANIMOUS 17 Commissioner Jacobs suggested dropping the Efland - Cedar Grove project, and asked if the motion makers would accept this friendly amendment. Commissioner Rich asked if there is any information about this road, and why did it go to the OUTBoard. Nishith Trivedi said it was part of the resolution from May 2, and it scored according to NCDOT data. Chair Dorosin said the Board receiving information regarding this road likely fell through the cracks. Commissioner McKee said from his perspective the prioritization should not include Efland - Cedar Grove Road at this time. Commissioner Rich and Commissioner Burroughs accepted the friendly amendment. VOTE: UNANIMOUS 7. Reports NONE 8. Consent Agenda • Removal of Any Items from Consent Agenda Commissioner Jacobs – item j Commissioner Price – item d • Approval of Remaining Consent Agenda A motion was made by Commissioner Jacobs, seconded by Commissioner Price to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda j. Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C The Board considered voting to approve resolutions to approve the acceptance of conservation easements from the Eno River Association for two conservation properties that the Board agreed to help fund in June 2017, approve Budget Amendment #8-C, and authorizing the Chair to sign Commissioner Jacobs said he wanted to point out that 79 more acres are being added in Orange County to be protected. A motion was made by Commissioner Jacobs, seconded by Commissioner Price to approve resolutions to approve the acceptance of conservation easements from the Eno River Association for two conservation properties that the Board agreed to help fund in June 2017, approve Budget Amendment #8-C, and authorize the Chair to sign. VOTE: UNANIMOUS d. Older Americans Month Proclamation 18 The Board considered voting to approve a proclamation joining Federal and State governments in designating the month of May as Older Americans Month and a time to honor older adults for their contributions to the community and authorizing the Chair to sign. Commissioner Price said she wanted to recognize Janice Tyler, Department on Aging Director, for the Older American’s Month Proclamation. Janice Tyler read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION Older Americans Month – May 2018 Theme - “Engage at Every Age” Whereas, Orange County includes over 26,000 persons aged 60 and older who enrich and strengthen the community; and Whereas, Orange County is committed to engaging and supporting older adults, their families, and caregivers; and Whereas, we acknowledge the importance of taking part in activities that promote physical, mental and emotional well-being – no matter your age; and Whereas, Orange County can enrich the lives of individuals of every age by: • Promoting home and community based services that support independent living; • Involving older adults in community planning, events, and other activities; and • Providing opportunities for older adults to work, volunteer, learn, lead and mentor. Now Therefore, W e, the Orange County Board of Commissioners, do hereby proclaim May 2018 to be Older Americans Month and urge every resident to take time this month to recognize older adults and the people that serve them as vital parts of our community. This the 1st day of May, 2018. A motion was made by Commissioner Price, seconded by Commissioner Jacobs to adopt the proclamation. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from April 10 and 17, 2018 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for seven taxpayers with a total of eight bills that will result in a reduction of revenue, in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for nine taxpayers with a total of seventeen bills that will result in a reduction of revenue, in accordance with North Carolina General Statute 105-381. d. Older Americans Month Proclamation 19 The Board approved a proclamation joining Federal and State governments in designating the month of May as Older Americans Month and a time to honor older adults for their contributions to the community and authorized the Chair to sign. e. Application for North Carolina Education Lottery Proceeds for Orange County Schools (OCS) and Contingent Approval of Budget Amendment #8-B Related to OCS 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 Orange County Schools (OCS), and to approve Budget Amendment #8-B (amended School Capital Project Ordinances), contingent on the NCDPI’s approval of the application, and authorized the Chair to sign. f. Request for Road Addition to the State Maintained Secondary Road System for Amberidge Drive The Board made a recommendation to the North Carolina Department of Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to add Amberidge Drive in Amberidge Subdivision to the State Maintained Secondary Road System. g. Request for Road Addition to the State Maintained Secondary Road System for Avon Brook Lane The Board made a recommendation to the North Carolina Department of Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to add Avon Brook Lane in Pleasant Green II Subdivision to the State Maintained Secondary Road System. h. Request for Road Addition to the State Maintained Secondary Road System for Little Doe Lane The Board will consider making a recommendation to the North Carolina Department of Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to add Little Doe Lane in Buckhorn Ridge Subdivision to the State Maintained Secondary Road System. i. Request for Road Addition to the State Maintained Secondary Road System – Strouds Creek Road The Board made a recommendation to the North Carolina Department of Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to add Strouds Creek Road to the State Maintained Secondary Road System. j. Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C The Board approved resolutions, which are incorporated by reference to approve the acceptance of conservation easements from the Eno River Association for two conservation properties that the Board agreed to help fund in June 2017, approve Budget Amendment #8-C, and authorized the Chair to sign. 9. County Manager’s Report NONE 10. County Attorney’s Report NONE 11. *App ointments a. Commission for the Environment – Appointments 20 The Board considered making appointments to the Commission for the Environment. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to appoint the following to the Commission for the Environment. k. Appointment to a partial term (position #8) “At-Large” for Carrie Fletcher expiring12/31/2019. l. Appointment to a partial term (position #12) “Engineering” for James Eichel expiring 12/31/2018. VOTE: UNANIMOUS According to previous BOCC discussions, if an applicant is not sent for recommendation by the CFE for position #3 by this appointment date, the BOCC will move forward with an appointment At Large Position: A motion was made by Commissioner Price, seconded by Chair Dorosin to appoint Laurie Langham for Position 3. VOTE: Yeas, 3 (Commissioner Price, Chair Dorosin, and Commissioner Marcoplos); Nays, 4 (Commissioner Burroughs, Commissioner Jacobs, Commissioner Rich and Commissioner McKee) MOTION FAILED. Commissioner McKee said he sees no harm in allowing more time to recruit, as there is only one vacancy on this commission. Commissioner Jacobs said there is member that has served three terms (two terms in a row, stayed out a year, and is now back on the board), and he would like applicant biographies to indicate this type of service when it exists. Chair Dorosin said he was not pushing to fill the vacancy due to the commission being understaffed, rather he sees that people are willing to volunteer, and he thinks these people should be recognized and given an opportunity. A motion was made by Commissioner Rich, seconded by Chair Dorosin to appoint Emily Mixon to Position 3. VOTE: Yeas, 4 (Commissioner Rich, Chair Dorosin, Commissioner Marcoplos, and Commissioner Burroughs); Nays, 3 (Commissioner Jacobs, Commissioner McKee, and Commissioner Price) MOTION PASSES, 4-3. b. Human Relations Commission – Appointments The Board considered making appointments to the Human Relations Commission. A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to appoint the following to the Human Relations Commission: • Appointment to a first full term (position #1) “At-Large” for Stacey Sewall expiring 21 06/30/2020. • Appointment to a partial term (position #12) “At-Large” for Stephanie Harrell expiring 06/30/2019. VOTE: UNANIMOUS c. Nursing Home Community Advisory Committee – Appointments The Board considered making appointments to the Nursing Home Community Advisory Committee. A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to appoint the following to the Nursing Home Community Advisory Committee: • Appointment to a first full term (Position #3) “At-Large” representative for Stephanie Miller expiring 09/30/2020. • Appointment to a partial term (Position #6) “At-Large” representative for Karen Macklin expiring 03/31/2019. VOTE: UNANIMOUS d. Orange County Board of Adjustment – Appointments The Board considered making appointments to the Orange County Board of Adjustment. A motion was made by Commissioner Marcoplos, seconded by Commissioner Rich to appoint the following to the Orange County Board of Adjustment: • Appointment of Leon Meyers to a full term (Position #5) for Leon Meyers to the “Alternate” representative BOCC Appointee 06/30/2021. VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to appoint the following to the BOA: • Appointment to a second full term (Position #1) “At-Large” representative for Susan Halkiotis expiring 06/30/2021. • Appointment of Randy Herman (current Senior Alternate) to the open full member vacancy (Position #6) “At-Large – Formerly Planning Board” representative expiring 06/30/2020. • Appointment of Holly Safi (current Alternate) to “Senior Alternate” (Position #7) representative expiring 06/30/2019. VOTE: UNANIMOUS 12. Information Items • BOCC Meeting Follow-up Actions List • Tax Collector’s Report – Numerical Analysis • Tax Collector’s Report – Measure of Enforced Collections • Tax Assessor's Report – Releases/Refunds under $100 22 • Update on Activities of the Bicycle Safety Implementation Subcommittee (BSIS) of the Orange Unified Transportation Board (OUTBoard) 13. Closed Session A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to go into closed session at 9:11 p.m. for the purposes below: “Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board.” “To discuss matters related to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations,” NCGS § 143- 318.11(a)(4). “To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease, “ NCGS 143-318.11 (a) (8) VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Price seconded by Commissioner Burroughs to reconvene into regular session at 10:35 p.m. VOTE: UNANIMOUS 14. Adjournment A motion was made by Commissioner Price, seconded by Commissioner Burroughs to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board