HomeMy WebLinkAboutAgenda 8-a - Minutes1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 5, 2018
Action Agenda
Item No. 8-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S):
Draft Minutes (Under Separate Cover)
INFORMATION CONTACT:
Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board’s
proceedings.
May 3, 2018 BOCC Work Session
May 10, 2018 BOCC Budget Public Hearing
May 15, 2018 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
Attachment 1 1
2
DRAFT MINUTES 3
BOARD OF COMMISSIONERS 4
WORK SESSION 5
May 3, 2018 6
7:00 p.m. 7
8
The Orange County Board of Commissioners met for a work session on Thursday, May 3, 2018 9
at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. 10
11
COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, 12
Barry Jacobs, Mark Marcoplos, Earl McKee and Penny Rich 13
COUNTY COMMISSIONERS ABSENT: Renee Price 14
COUNTY ATTORNEYS PRESENT: John Roberts 15
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 16
Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 17
appropriately below) 18
19
Chair Dorosin called the meeting to order at 7:07 p.m. 20
21
1. Boards and Commissions – Annual Work Plans/Reports 22
23
BACKGROUND: 24
In the past, as part of the Board of Commissioners’ annual planning and goal setting retreats, 25
the Board requested and reviewed/provided feedback on annual summaries/work plans from 26
the County’s internal advisory boards and commissions. This information provided the Board 27
with a yearly overview of the boards and commissions and their projected goals for the 28
upcoming year. This particular process ended in 2007. The Board decided at its April 13, 2010 29
meeting to reinstate this process independent of the Board’s annual retreats. Thus the current 30
process that is now being used: 31
32
• In September, the Clerk sends to the support staff of each advisory board the Annual 33
Report and Work Plan template to be completed by their ABC and returned by a 34
predetermined date in mid to latter December. 35
• The Chair/Vice Chair would then decides in January/February (after the winter break) 36
when these reports would come forth to the Board of Commissioner via oral summaries 37
of the annual reports by the Board chairs, who also would be available, along with staff, 38
to answer any questions that the Board of County Commissioners (BOCC) may have as 39
related to the individual work plans. 40
• Usually the Chair of the advisory board (or their designee) will present the overview of 41
their work plan/annual summary. 42
• Appointees to outside boards and commissions (town boards) present an overview of 43
their particular advisory board. 44
45
The Board has requested that this process be discussed at a work session (it was originally 46
scheduled to be discussed at the March 8th work session but that meeting was canceled; it is 47
now tentatively scheduled for the May 17th meeting (after the budget public hearing item). 48
49
Internal Boards and their representatives below: 50
2
• OUTBoard Alex Castro, Vice Chair 1
2
Alex Castro said the OUTBoard: 3
1. Reviewed possible implementation activities related to the Safe Routes to School 4
(SRTS) Plan. 5
2. Recommended the Orange Grove Road Bridge Fencing project. 6
7
Alex Castro said the OUTBoard was involved with the video club at Cedar Ridge High 8
School, where the students produced a PSA concerning bicycle safety. 9
Alex Castro said at three (3) of their meetings, the Transit Advisory Services/OPT 10
Group, including supplemental staff from other County departments (Aging; DSS; Housing, 11
Human Rights and Community Development; Health; Child Support Enforcement; and the 12
Library) jointly addressed transit services agenda items with the OUTBoard. He said the 13
OUTBoard serves as the advocates for the community for the rural areas, which are 14
underserved. He said these areas need access to transit services. 15
Alex Castro said Abigaile Pittman, who is the OUTBoard support staff person, is putting 16
together orientation materials for the OUTBoard, since transit and transportation are 17
complicated areas. He said it is difficult to get up to speed on these topics so these materials 18
will be useful for OUTBoard members, as well as new Commissioners. 19
Commissioner Rich asked if the PSA videos are available. 20
Abigaile Pittman, Transportation/Land Use Planner II, said there are 4 videos, which will 21
be presented at the June 5th meeting. 22
23
• Human Relations Commission (HRC) Deborah Stroman, Chair 24
25
Deborah Stroman said HRC membership is increasing, and more than half of its 26
members will be new to the commission: 27
Deborah Stroman reviewed the following information: 28
• Housing 29
• Education 30
• Civility 31
• Criminal justice 32
33
The charges of the HRC are: 34
a. Studying and making recommendations concerning problems in the field of human 35
relationships; 36
b. Anticipating and discovering practices and customs most likely to create animosity and 37
unrest, and seeking solutions to problems as they arise; 38
c. Making recommendations designed to promote goodwill and harmony among groups in 39
the County irrespective of their race, color, creed, religion, ancestry, national origin, sex, 40
affectional preference, disability, age, marital status or status with regard to public 41
assistance; 42
d. Monitoring and investigating complaints of discrimination; 43
e. Addressing and attempting to remedy the violence, tensions, polarization, and other 44
harm created through the practices of discrimination, bias, hatred, and civil inequality; 45
and 46
f. Civility- Promoting harmonious relations within the County through hearings and due 47
process of law. 48
49
Events: 50
3
The HRC held its annual Human Relations Month Forum on January 29, 2017, titled “Pluralism 1
and Islamophobia: The Continuing Struggle”. The HRC also held the 27th Annual Pauli Murray 2
Awards on March 12, 2017. The Awards recognized a youth, an adult, and a business that 3
embody the characteristics of the late Dr. Pauli Murray in their dedication to social justice in the 4
community. The Annual Student Essay Contest was held as a part of the Pauli Murray Awards 5
to engage Orange County youth in the quest for social justice and equal opportunities. Three 6
middle schoolers and three high schoolers were recognized for their essays. 7
The HRC sponsored a Town Hall on June 8, 2017 with the Hate Free Schools Coalition, 8
titled “The Confederate Flag: Does it belong in Our Schools?”. The meeting was an effort to 9
provide an opportunity for education, discussion, and understanding to address the growing 10
tension as a result of Confederate flags being allowed in Orange County public schools. 11
Several panelists with varying points of view spoke and residents were also given an 12
opportunity to ask questions and make their own statements on the issue. 13
The Community Read Program has been in partnership with UNC in recent years. It is 14
possible that HRC may continue with this alone, and conduct it slightly earlier in the year. 15
16
Emerging Issues or concern: 17
1. Ensuring that the membership of the HRC reflects racial, cultural and gender diversity. 18
2. Recruiting more representation from Northern Orange for the HRC. 19
3. Creating an open line of communication between the HRC and other residents in order 20
to keep up-to-date on social justice issues impacting all parts of the County. 21
4. Exploring the HRC’s outreach and marketing in order to draw more residents to events. 22
5. Engage the community in frequent conversations to promote positive communication 23
and understanding. 24
6. What is happening around the UNC campus, and how do they include them in their 25
conversations. 26
27
Commissioner Burroughs said the interest in civility is exciting, and suggested that the 28
HRC contact Aaron Keck from WCHL about this issue. 29
Commissioner Rich said she liked the idea of promoting the HRC more, and if a 30
Facebook page would be helpful she is in favor of that. She suggested that the HRC work with 31
Todd McGee, Community Relations Director, to insure that information is disseminated in an 32
efficient matter. 33
Commissioner McKee referred to the conversation about the flag, and said he felt 34
people were talking at each other, and asked if there is a way to connect opposite views in 35
more of a conversation, as opposed to people sharing talking points. He said the event was 36
good, but he is not sure any minds were changed, and he would like to have a true 37
conversation. 38
Deborah Stroman said the HRC felt the same way, and this is a process. She said the 39
HRC felt it was a big win to have differing opinions in one room, and both sides were 40
passionate. She said at the end of the meeting people did not leave, but stayed and talked to 41
each other, as well as the other side. 42
Commissioner Jacobs said the Board got an email today from a UNC journalism student 43
requesting to talk to someone on the HRC about the flag issue. He said it may take a series of 44
meetings to discuss these sorts of topics. 45
Commissioner Jacobs said the Board struggles at public hearings to make sure people 46
are engaged and feel heard. He said the interaction between the elected officials and residents 47
needs to be more robust and effective, from the perspective of the residents. He said any work 48
the HRC could do to this end would be very helpful. 49
4
Deborah Stroman said the HRC talked about inviting residents to speak at HRC 1
meetings, but there are issues with timing. She said this idea is still being explored. 2
Commissioner McKee said he would like staff to work with the HRC to move this flag 3
conversation forward. 4
Chair Dorosin said the HRC report indicates that the HRC does not currently have 5
partnerships with other advisory boards and commissions, but members are interested in 6
collaboration in 2018 and going forward, particularly co-sponsoring annual events. He said the 7
HRC can work with the Manager to make this happen. 8
Chair Dorosin said the HRC is one of the biggest advisory boards, and asked if its size 9
is appropriate. 10
Deborah Stroman said the board is too big, and she believes in a smaller board with 11
sub-committees. 12
Chair Dorosin said the Manager’s proposed budget has funding for staff to attend racial 13
equity training, and he would like to see if HRC members could also be a part of this. 14
15
• Chapel Hill - Orange County Visitors Bureau An thony Carey, Chair 16
17
Anthony Carey said he has worked and lived in Orange County his entire of his life. He 18
said the Bureau appreciates the Board’s support. He said the Visitor’s Bureau (VB) has 1700+ 19
rooms for sale in Orange County, with need for more in Hillsborough, but the VB is concerned 20
about paying attention to proper growth. He said the University of North Carolina (UNC), UNC 21
HealthCare, and the UNC sororities and fraternities are doing great things for the VB, but there 22
is a need for business demand generators in Orange County, such as a multicultural center, to 23
drive weekday and weekend business. He said the VB is also dealing with Airbnb, which has 24
over 380 rooms in Orange County. He said he is concerned about this, and the VB is gathering 25
best practices as how best to deal with Airbnb, including the collection of taxes. He said of 26
great concern with Airbnb is the lack of health regulations, as well as training for lodging 27
operators. He said the VB would like to create partnerships with the Airbnb properties in the 28
County. 29
Anthony Carey said the VB continues to look into creative promotional scope. He said 30
there are many great events in Orange County, and the VB helps to promote these. He said 31
the VB gives back to the SECU home, and as a Hotelier, he lets his rooms out at a reduced 32
rate whenever possible for health care needs. 33
Commissioner Jacobs commended the idea of sitting down with the Airbnb, instead of 34
seeing it as an adversary. 35
Chair Dorosin referred to the VB report, concern #2, which states: “Orange County 36
hospitality leaders fear Triangle area having too much hotel supply, especially in Orange 37
County where two main demand generators include: UNC and UNC Healthcare”. He asked if 38
this point could be clarified. 39
Anthony Carey said there is a need for more hotels in Hillsborough, while Chapel Hill is 40
saturated, and Carrboro is getting ready to build another one. He said new demand generators 41
are needed. 42
Laurie Paolicelli, VB Executive Director, said she is not sure if the VB will take a strong 43
position on too many hotels, but the concern of the existing supply is try to avoid cannibalism of 44
existing services. She said there is a need to develop new products for visitors, such as sports 45
fields, cultural center, and open space. 46
47
• Commission for the Environment Bradley Saul, Chair 48
Bradley Saul highlighted some activities: 49
50
5
o Continue to plan for, and prepare, the 2019 State of the Environment report 1
o 3 committees: air and energy; water resources; and land resources. Each 2
committee tasked with identifying measured properties for the next year. 3
Air and Energy Committee 4
Request the BOCC sign on to the Global Covenant of Mayors for 5
Climate and Energy, which includes committing to completing a 6
greenhouse gas inventory within a year. Upon signing, the 7
committee will assist staff, as appropriate, with the associated 8
Greenhouse Gas inventory update and climate action planning. 9
Land Resources 10
Develop methodology for monitoring changes in forest cover/land 11
cover in Orange County and also tie into the “No Net Loss of Tree 12
Canopy” petition. 13
Water Resources 14
Strive to educate County residents about their source of water, 15
especially those residents utilizing groundwater for their supply. 16
17
Bradley Saul said the Commission just held Earth Evening Event last week, which was 18
successful. 19
Bradley Saul said members of the Commission continue to prepare articles on 20
environmental issues of importance to Orange County, including climate change, energy 21
conservation, and other important topics. 22
Bradley Saul said he had three questions to ask the BOCC: 23
1. The Commission has a number of members interested in proposing resolutions to the 24
Board of County Commissioners, which are not necessarily related to County policy, and 25
he asked if the BOCC is interested in these types of resolutions. 26
2. How useful is The State of the Environment Report? 27
3. Operation of advisory boards: the Commission does not have and operational 28
processes - ways to share information, listserve, etc. 29
30
Commissioner Jacobs asked if there is an example of the type of resolutions the 31
Commission is interested in sharing. 32
Bradley Saul said an example is a member brought forth a resolution to ask the State 33
Treasurer to divest from fossil fuels. He said the BOCC may not agree with that particular 34
issue, but in general the Commission would like to know if the BOCC would want to receive 35
these types of resolutions. 36
Commissioner McKee said there is a wide area of opinions on all issues in Orange 37
County, and asked if the Commission has a plan to incorporate as many views as possible in 38
one resolution. He said he has a problem with passing resolutions without the incorporation of 39
many different people, and different viewpoints. 40
Bradley Saul agreed, and the Commission is still discussing this. 41
Commissioner Jacobs said he was sent a copy of this draft resolution, and if more came 42
forward in the future, the Board of County Commissioners could decide what to do with them. 43
He said he does not want to stifle the advisory boards, and resolutions can be sent to the Chair 44
or another board member. He said the resolution may be used, or it may die, but that would be 45
left to the Board of County Commissioners to decide. 46
Commissioner Rich said in regards to the list serve, advisory boards should work with 47
the Community Relations Director. 48
Bradley Saul said he was referring to a list serve for the Commission itself. He said 49
maybe a Google group within his advisory board. 50
6
Commissioner Rich said that is easy enough to do. 1
Bradley Saul said it is easy to do, but he wants to make sure it is permissible to do. He 2
said there is no guidance. 3
Commissioner Marcoplos said he is looking forward to the report on The State of the 4
Environment. He said the environment is changing faster than they can react, and it may be 5
beneficial to complete this type of report more frequently than every five years. 6
Commissioner Marcoplos said he hopes the Commission will look into the identifiable 7
signs of local climate change, such as the algae in University Lake. He said more information 8
could lead to greater understanding amongst the public on environmental issues. 9
Commissioner Marcoplos said he noticed the Commission’s goal to develop a plan for 10
researching the potential environmental impacts of the rural buffer, and this is the 30th 11
anniversary of the rural buffer. He said the rural buffer is a critical contribution to the 12
community, and there are many existing impacts – sound mitigation, water quality, air quality, 13
etc. – and not just potential impacts. 14
Commissioner Jacobs said he has been trying to get the Planning Directors back 15
together to discuss the rural buffer, and create a report. 16
Commissioner Jacobs said there is a County intranet with contact information for all 17
advisory board members. He said there should be a way to allow board members to access 18
each other’s information to easily cross-pollinate. 19
Chair Dorosin said the Commission can just bring resolutions forward, and let the Board 20
of Commissioners review and decide whether to act on them. 21
Chair Dorosin referred to the State of the Environment Report, and suggested replacing 22
the 200-page document with a 45-minute presentation, which can be used at community 23
meetings, and other organizations. 24
Chair Dorosin said one of the Commission’s emerging issues is continuing to learn 25
about environmental justice matters, which he greatly appreciates. 26
27
• Economic Development Advisory Board (EDAB) Vice Chair Paige Zinn 28
29
Paige Zinn said she is the Vice Chair, and Delores Bailey is with her, and she is getting 30
ready to roll off the Board. 31
Paige Zinn said she has served on the board for two years, and shared some updates: 32
• Continue their financial support, and to increase their Article 46 funding for their Small 33
Business Loan program 34
• Add funds to the agricultural grant program 35
• SWOT Analysis has been completed, and EDAB will be discussing this later this month 36
and will then make their recommendations to the Board of County Commissioners 37
• EDAB will be hosting the ED Summit in the fall 2018 and will be organized around 4-5 38
topics and be broadcast by WCHL. 39
40
Delores Bailey thanked the BOCC for allowing her to serve on this board, and said they 41
do own Midway Center, which was the first small incubator in Orange County. She said she 42
also serves on the grant program, and listed 5 minority-owned businesses they were able to 43
assist. She encouraged the BOCC to increase the funding as requested. 44
Commissioner McKee said he knew several of businesses that have got off the ground 45
with grants from EDAB, and it is to be commended. 46
Chair Dorosin asked if the amount of applications could be identified. 47
Paige Zinn said 22. 48
Chair Dorosin said it is amazing how much difference a small amount of money can 49
make to a fledgling business. He thanked Delores Bailey for her service. 50
7
Commissioner McKee said when the grant program first started there was not a lot of 1
interest, but that is changing rapidly as word has spread. 2
Paige Zinn said the grant program was well publicized last year, which helped greatly in 3
getting the word out. 4
Delores Bailey said the interest shows there is a great deal of need, and even a small 5
grant can help a business to grow. 6
7
• Historic Preservation Commission (HPC) Todd Dickinson, Chair/Pete Sandbeck 8
9
Todd Dickinson thanked the BOCC for its support. He said he spent the day with 300 10
students at Blackwood Farm explaining how houses were made two hundred years ago, and 11
how important it is for children to understand history, and the historic resources available to 12
them in Orange County. He highlighted the following activities of the HPC over the past year: 13
14
• Historic Resources Book Manuscript: Initiated the final manuscript preparation phase of 15
the project to produce a publication documenting the historic resources of Orange 16
County, in partnership with the Town of Hillsborough and the Alliance for Historic 17
Hillsborough. (2017) 18
19
• “Farm to Table” Demonstration for Historic Preservation Month: HPC members 20
presented hands-on programs on historic woodworking, historic hand tools and 21
traditional farm life skills for over 300 fourth graders at Blackwood Farm Park, as part of 22
the annual “Farm to Table” event sponsored by DEAPR. (2017) 23
24
• Efland Home National Register Nomination: Completed a project to prepare a National 25
Register Nomination for the historic Efland Home or NC Industrial Home for Colored 26
Girls with funding provided through the County’s Lands Legacy Program. (2017). 27
28
• Cedar Grove Community Center Historic Designation: Completed project to place the 29
historic Cedar Grove School on the state’s Study List as the first step toward listing it on 30
the National Register of Historic Places. (2017) 31
32
Identify any activities this commission expects to carry out in 2018 as they relate to 33
established BOCC goals and priorities. 34
35
• Historic Resources Publication Project: The HPC will seek grant funds from private 36
foundations and individual donors to allow the HPC to partner with the Alliance for 37
Historic Hillsborough and the Town of Hillsborough to complete the manuscript for a 38
comprehensive book/publication documenting the historic resources of the Town 39
and County. (Fiscal impact: HPC will request $25,000 in County funds in FY 40
2018-19 to secure $25,000 in matching/challenge grants in 2018; HPC staff will 41
provide project support) 42
43
• County Historic Marker Program: Develop guidelines and procedures for a proposed 44
Orange County Historic Marker program, modeled on several other successful 45
county marker programs. The goal is to create a County-sponsored system of 46
attractive, durable and informative roadside markers to identify important historic 47
resources, places and people for the educational benefit of the general public. A web 48
site would be established to allow for access to more in-depth information. Such 49
markers will enhance other efforts to promote heritage tourism in rural parts of the 50
8
county. (Fiscal impact: 2018-19: none; the HPC staff will provide support to 1
develop program guidelines) 2
3
• Designating Landmarks in Town ETJ’s: Continue working with the various 4
municipalities to develop an interlocal agreement to govern the designation of 5
historic landmarks within the various town’s ETJ’s. (No fiscal impact) 6
7
Todd Dickinson referred to the ETJ issue, and said the HPC has spoken with the Towns 8
of Hillsborough and Carrboro, and these Towns are after a model interlocal agreement, one of 9
which was found in Wake County, and can be used as a template. He said the HPC would like 10
to share this with the County Attorney. He said Carrboro continually throws back a wall of 11
issues before being willing to move forward in any way. 12
Commissioner Jacobs asked if John Roberts can reply to these issues. 13
John Roberts said he will gladly respond, as soon as he knows the issues. 14
Chair Dorosin said he noticed one of the emerging issues for the HPC is to increase 15
diversity in the historically significant sites, especially with regard to sites significant to the 16
African American community. He said he was excited to hear this news. He said the new 17
museum in Alabama, dedicate to the atrocities of lynching, has a reference to Orange County, 18
and he would like to recognize this historic incident in some way. He suggested that the HPC 19
connect with the HRC, the Arts Commission, and James Williams, former Public Defender. 20
Todd Dickinson said African American history is difficult because it is deeply steeped in 21
slavery, which many people do not want to discuss. He said it requires sensitivity. 22
23
• Housing Authority (OCHA) Diane Beecham, Vice Chair 24
25
Ellie Kinnaird, Board member, and Sherrill Hampton, Housing Director, were also 26
present. 27
Diane Beecham said the OCHA provides citizen oversight of the County’s Housing 28
Authority and its Housing Choice Voucher (HCV) Program. She reviewed the following 29
highlights: 30
31
Accomplishments: Page 20 32
• Provided comments for inclusion in the annual Consolidated Plan/ Action Plan Update 33
for the HOME Program and other community development needs. 34
35
• Continues to educate County residents and the BOCC on the HCV Program and its 36
associated activities, as well as challenges facing the industry. 37
38
• Facilitated the implementation of a new homeless preference within OCHA’s 39
Administrative Plan in 2017. This programmatic change resulted in homeless persons 40
receiving vouchers to assist them with securing affordable housing. 41
42
• Participated in the Affordable Housing Summit held on February 23, 2018 and provided 43
comments and input on affordable housing issues in Orange County. 44
45
• Participated in sponsored activities, events and workshops that help build HCV 46
participants’ self-sufficiency. 47
48
• Participated in OCHA’s outreach events and activities for existing landlords and other 49
interested rental property owners in an effort to increase landlord participation in the 50
9
HCV program. 1
2
List of Specific Tasks, Events, or Functions Performed or Sponsored Annually 3
• Review and provide input on the Consolidated Plan/Annual Plan Update and 4
Performance Report 5
• Review and approve changes to the Housing Authority policies, including revisions to 6
the Administrative Plan in order to enhance program efficiency, compliance with HUD 7
requirements, as well as meet program participants’ needs. 8
• Review of the Section 8 Management Assessment before its submission to HUD. 9
• Continue participation in landlord engagement events and activities in an effort to 10
increase landlord participation in the HCV Program. 11
• Continue participation in OCHA’s events and activities sponsored to help build HCV 12
participants’ self-sufficiency. 13
• Work with staff to increase HCV participants utilization of the voucher for 14
homeownership opportunities. 15
• Continue educating County residents and the BOCC on the changing landscape for 16
Housing Authorities, various new regulations and their ramification on the County’s 17
Housing Choice Voucher (HCV) Program. 18
• Ongoing advocacy on behalf of low-income individuals and families in need of 19
sustainable housing solutions. 20
21
Chair Dorosin referred to the 600+ housing vouchers allocated to Orange County, with 22
only 500+ being used, and asked if clarification could be provided. 23
Sherrill Hampton said the utilization rate is 86%, one reason for which is the high cost of 24
rental units, in and around, Chapel Hill and Carrboro. She said they can go up to 110%, but it 25
lessens the number of vouchers that can be put on the street. She said they do need to 26
increase by 40 people, but she has to leave room in that pool as they would be over their 27
allocation, or a greater supplement would be needed from the County due to the higher rents. 28
Chair Dorosin said, as he understands it, the County is at 86% but could be doing 29
better. 30
Sherrill Hampton said she would like to get to 92-93%. 31
Commissioner Marcoplos asked if more landlords are stepping up to take the vouchers. 32
Sherrill Hampton said there are about 200 landlords participating in the program, and 33
the risk mitigation fund has gone into effect, which she hopes will incentivize landlords. 34
Commissioner Marcoplos asked if the risk mitigation fund has been helpful in recruiting 35
landlords. 36
Sherrill Hampton said yes. She said efforts are being made to better explain the 37
voucher program to landlords. 38
Commissioner McKee asked if local transportation an issue, and if a more robust local 39
transportation system to rural areas would help. 40
Sherrill Hampton said yes. 41
42
• Nursing Home Community Advisory Committee Vibeke Tally, Chair 43
44
Vibeke Tally elaborated on one item in her report: the quality of life of residents in 45
nursing homes. She said the Committee is meeting individually with residents, and asking if 46
they have visitors, do they participate in activities, etc. She said the Committee is also meeting 47
with the activity staff, which plays a key role in the quality of life. 48
Vibeke Tally said, in the past, the Committee has been asked to bring in more concrete 49
activities, but it would like to expand this even more. She said exit interviews are conducted 50
10
with administrators, who are asked how they view quality of life. She said the administrators 1
report that the high staff turnover greatly impacts quality of life. 2
Vibeke Tally said two of the nursing homes have turned over their overall administration, 3
which is difficult. She said the Committee is not just focusing on facilities, but is also working 4
with community projects, such as Project Engage. She said there are two Committee members 5
who are part of a long term care task group. She said this group is focusing on reestablishing 6
the friendly visitor program in the nursing homes; where trained volunteers visit with residents, 7
help with activities, etc. 8
Vibeke Tally said a new nursing home will open on Legion Road in Chapel Hill in the 9
coming year, which is owned by Liberty Healthcare, and will bring the total number of nursing 10
homes in Orange County to 5. 11
Commissioner Jacobs referred to administrators expressing frustration over staff 12
turnover, and asked if a living wage is paid. 13
Vibeke Tally said no. 14
Commissioner Jacobs asked if the BOCC can help the Committee to encourage the 15
payment of a living wage, otherwise the cycle of staff turnover will continue. 16
Vibeke Tally said the BOCC could write to the corporations who own the nursing homes. 17
Commissioner Jacobs said he wrote letters as the Chair, and imagines that the current 18
Chair would also be willing to do so. 19
Vibeke Tally said it was very helpful. 20
Chair Dorosin asked if the letters were related to wages. 21
Commissioner Jacobs said no, rather about quality and standards of care. 22
Commissioner Burroughs said she was going to bring up the same issue, and said she 23
has met many nursing assistants in recent years, and the living wage is critical to prevent 24
turnover. 25
Commissioner Marcoplos asked if the pay level is known. 26
Vibeke Tally said minimum wage to begin with, and some go up from there with time. 27
Commissioner Marcoplos asked if Liberty Health is an insurance company. 28
Vibeke Tally said it is a healthcare company. 29
Commissioner Jacobs said the County’s contracts for in home health aides require that 30
a living wage be paid, and this could be used as an example to show the healthcare companies 31
of how to keep staff and provide consistent care for the elderly. 32
Chair Dorosin asked if the Committee has reached out to the Animal Shelter to bring in 33
animals to visit with residents. 34
Vibeke Tally said yes. 35
Chair Dorosin asked if Travis Myren would draft a letter to be sent to the healthcare 36
companies. 37
38
• Parks and Recreation Council Tori Williams Reid, Chair 39
40
Tori Williams Reid says this Council serves as an advisory board for the provision of the 41
parks, facilities and recreation programs. She said she has a lot to cover, as there is much that 42
falls under the umbrella of Parks and Recreation, most of which is children’s programming, but 43
some adult programming also. 44
Tori Williams Reid reviewed their accomplishments: 45
• Plans for Blackwood Farm Park 46
• The process for capital funding for parks (FY 2017-22 Capital Investment Plan projects) 47
• Reviewed and made recommendations on five FY 2017-18 Outside Agency Funding 48
Requests (recreation agencies) 49
• Sponsored The Nature of Orange Photography Contest 50
11
• Online trails and parks information and communication methods- use more social media 1
• Site visits to County parks 2
• Community Centers and transition to community-based management 3
• Naming of Fairview Park ballfield for James Stewart 4
• Met with Sportsplex executive director on upcoming changes and collaboration 5
possibilities 6
7
Commissioner Marcoplos said he is curious about the availability of school fields, and 8
the demand for their use. 9
David Stancil, Department of Environment, Agriculture, Parks and Recreation Director, 10
said it is difficult at the high and middle schools, and much easier at the elementary schools. He 11
said years ago there was a joint use of school facilities memorandum between the County and 12
the schools. He said often the fields at elementary schools are not really the best to use. 13
Commissioner Marcoplos said when looking at population projections and budgetary 14
concerns, it seems that using that which already exists, and working toward some type of 15
collaboration, would make sense. 16
David Stancil said it can be done, and there have been some successes, but there is 17
some proprietary interest with the athletic directors. 18
Commissioner Jacobs suggested bringing this up with the schools during the budget 19
work session. He said there are some legitimate security issues, which can be overcome, and 20
this overall issue has been a problem as long as he has been a Commissioner. 21
Commissioner Marcoplos said the fields are sometimes treated like show dogs. 22
Commissioner Jacobs said he understands wanting the fields to be in good condition, 23
but there has to be some middle ground. He commended Tori Williams Reid for using the 24
phrase “low impact recreation”. 25
Tori Williams reviewed the goals and priorities for 2018: 26
27
• Advise on the pending construction of Phase 2-A at Blackwood Farm Park, including the 28
potential for partnership on the Nature Center and the Disc Golf course among others. 29
• Review and advise on the design and layout for of the Soccer.com Center Expansion. 30
• Continue to participate in the Mountains to Sea Trail project as waystation and trailhead 31
locations are identified in the coming at Seven Mile Creek and potentially other 32
locations. 33
34
Emerging Issues going forward: 35
• The County continues to have a need for gymnasium space that exceeds the capacity of 36
the Central Recreation Center. The County rents space at two Orange County Schools 37
just to run existing basketball and volleyball programs, and there is evident demand for 38
increased activity for gymnasium space. The PRC encourages discussions about the 39
potential for finding additional gymnasium access, perhaps through the Sportsplex 40
expansion that is starting, to help meet this pent-up demand. 41
• The PRC proposes to look at the possibility of short-term usage of land-banked future 42
park sites for other interim activities until such time as the parks are built, and develop a 43
report to the Board of Commissioners on this topic during 2018. 44
45
Chair Dorosin referred to their wish list, and said there is an idea of short-term usage of 46
land banking for future parks. He asked if a report will be brought back to the BOCC in the 47
future. 48
David Stancil said yes, and there are three sites that have areas that could be cultivated 49
for some farming. He said he is working with the Ag Preservation Board. 50
12
Chair Dorosin said he is also interested in hearing more about the need for gymnasium 1
space. He said he has heard of this need as well, as would like to hear more about this: the 2
costs, ideal location, etc. He said there is a need for higher impact recreation as well as low 3
impact. 4
Commissioner Jacobs asked if the St. Paul Church has a gym, and, if so, maybe a 5
partnership could be fostered. 6
7
• Planning Board Randy Marshall, Vice Chair 8
Randy Marshall suggested doing reverse alphabetical order at next year’s meeting. He 9
said he has enjoyed his time on the Planning Board. 10
11
• In the last year, provided input on the reorganization of the Tables of Permitted Uses at 12
several ORC meetings. 13
• Reviewed and made recommendations on flood regulations, public hearing process 14
revisions, and an MPD-CZ application (Settler’s Point). 15
16
Randy Marshall said at the Planning Board meeting last night they talked about the 17
Settler’s Point community neighborhood information sessions, and trying to have information 18
available prior to discussions taking place. 19
Randy Marshall said training sessions have been implemented for new Planning Board 20
members. He said Perdita Holtz, Planning Department, has been using webinars from the 21
School of Government on planning issues and orientation issues, which has been very helpful. 22
Craig Benedict, Planning Director, said due to the interest for the Board of Adjustment to 23
receive training, the Planning Board will also be invited to training sessions on the quasi-judicial 24
issues. 25
Randy Marshall said the Planning Board intends to continue looking at affordable and 26
senior housing, including co-housing and clustering in rural areas; updating the Unified 27
Development Ordinance with changes from Raleigh; and rezoning for development projects, 28
transportation issues, and wireless and broadband access. 29
30
• Affordable Housing Advisory Board (AHAB) Cain Twyman and 31
Sherrill Hampton 32
33
Cain Twyman reviewed the following information: 34
What are your Board/Commission’s most important accomplishments? 35
36
• Providing comments for inclusion in the annual Consolidated Plan/ Action Plan Update 37
for the HOME Program and other community development needs. 38
• Educating newcomers on The AHAB on Orange County’s affordable housing issues. 39
• Participating in the Affordable Housing Summit held on February 23, 2018 and provided 40
comments and input on affordable housing issues in Orange County. 41
42
List of Specific Tasks, Events, or Functions Performed or Sponsored Annually. 43
44
• Review and provide input on the Consolidated Plan/Annual Plan Update and 45
Performance Report. 46
• Monitor the Affordable Housing Bond and other local housing programs. 47
• Review outside funding requests/applications from organizations providing housing 48
services. 49
• Educate the community on affordable housing needs, trends and resources and related 50
13
partnerships with the towns, public agencies, nonprofits, civic and for-profit 1
organizations. 2
3
Identify any activities this board/commission expects to carry out in 2018 as they relate to 4
established BOCC goals and priorities. 5
6
• Participate in or facilitate an Affordable Housing Tour to note impact of work undertaken 7
and changes in need. 8
• Continue to monitor and provide necessary input and comments on the County’s Land 9
Banking/Mobile Home Park Initiative, as well as the intergovernmental response to 10
mitigating resident displacement related to mobile home park closures. 11
• Assist in the formulation of the Consolidated Plan/Annual Action Plan Update. 12
• Continue conducting Speaker Presentations and Community Dialogues to address 13
affordable housing concerns and options that will help to increase the supply and meet a 14
range of needs. 15
• Host a joint session with other Affordable Housing Boards in the County. 16
• Participate in a meeting with Orange County Local Government Affordable Housing 17
Collaborative. 18
19
Emerging issues or concerns for 2018: 20
21
• The need for better communication across all organizations that focus on affordable 22
housing matters. 23
• The need for enhanced communication and engagement between landlords, utility 24
services, the County and the HCV Program. 25
26
Cain Twyman reported that Ellie Kinnaird shared comments with her about the master 27
leasing proposal, which came to their board. She said they spoke with the Chamber of 28
Commerce and others, who would like to form a coalition to rent out houses themselves to low 29
income families, in order to have an additional source of affordable housing. 30
Commissioner Rich said she has spoken with Sherrill Hampton about seeing improved 31
collaboration with the Towns, and asked if there is an update on these outreach efforts, and 32
asked if there is a timeline. 33
Cain Twyman said they hope to do this fairly soon, but are not sure of an exact timeline. 34
Sherrill Hampton said the AHAB Chair and Vice-Chair were adamant about meeting with 35
the municipal advisory boards, and staffs from the Towns and County have talked about this. 36
She said one suggestion was to have the chairs of all the advisory boards to meet and create 37
an agenda. She said she will bring that suggestion back to the AHAB next week to gather 38
some possible meeting dates. 39
Commissioner Rich said she thinks it is important to set an agenda first, because simply 40
meeting is not enough; there has to be collaborative conversation. 41
Commissioner McKee asked if it is a technical issue to have the Advisory Board chairs 42
meet prior to the boards meeting. 43
Sherrill Hampton said this was a suggestion that came from a member of the 44
collaborative staff team. 45
Chair Dorosin said the BOCC heard from the Housing Authority earlier. He said there is 46
the Housing Authority (OCHA), AHAB, and the Orange County Local Government Affordable 47
Housing Collaborative (“the Collaborative”), and asked if these are distinct entities or are there 48
are overlapping efforts. 49
14
Sherrill Hampton said the OCHA is a 501(c)(3), and it is required to exist. She said the 1
AHAB assists with the outside agency applications, provides comments on the annual and 2
consolidated plans, and review, rate, rank, and provide input on the bond program applications, 3
as well as any surplus properties RFPs that the County may let. She said the Collaborative 4
came about in October 2017, and is the expansion of the Home Review Committee. She said 5
she sees this as a driving force from the elected officials and jurisdictional staff , and she said 6
there may be some overlap, but the AHAB is an amalgamation of residents who are on the 7
ground. She said these three groups could do some joint initiatives on certain topics, call for 8
community conversations, etc. 9
Chair Dorosin said it is useful to have the many perspectives, and said Sherrill Hampton 10
staffs all three entities, and he wonders if there could be an economy of scale by merging some 11
of these boards, with subcommittees that do different things. He said the emerging issues in 12
the different groups seem to overlap. He said typically a Housing Authority owns housing, but 13
the OCHA does not own any housing. He said the Housing Authority in Chapel Hill owns all the 14
public housing. 15
Sherrill Hampton said Housing Authorities are typically a single entity with a public 16
housing side and a voucher administration side. She said in Orange County, the two functions 17
are split, but the Department of Housing and Urban Development (HUD) does still want to see 18
the board and other requirements met. She said she has been speaking with the Manager, and 19
it may be that the OCHA will have some subsidiaries in the future, but that is at the discretion of 20
the BOCC. She said fully thought out recommendations will be brought to the BOCC in the 21
future. 22
Chair Dorosin said he wanted to think about how the County can be more effective and 23
efficient, and Orange County does not own any housing of which they are landlords. 24
Sherrill Hampton said that is correct, and the County does own two lots. 25
Sherrill Hampton said a report will be brought to the BOCC on the condition of the 26
surplus properties owned by the County. She said not all of the lots are useable. 27
Chair Dorosin recommended thinking about how these different housing boards are 28
distinct, and how they could be better coordinated. 29
Sherrill Hampton said she agrees, and sees the need for only two of these boards. 30
31
• Adult Home Care Advisory Board Committee Mary Fraser 32
Mary Fraser said that the Chair Max Mason has provided a thorough written report to 33
the BOCC, but could not attend tonight. She said the report is similar to the Nursing Home 34
CAC report, and they have similar concerns. She said there is an equity issues with these 35
homes, and there is a vast difference for those with means, and those without means. She said 36
problems arise from funding sources for Medicaid, and providing additional services can be 37
very difficult. She said this Board has had some resignations lately, which need to be filled in 38
order to have good advocates for these residents. 39
Commissioner Jacobs said there is a training component to be on these boards, and 40
asked if that makes it more difficult to recruit. 41
Mary Fraser said if someone is interested in serving, they are happy to complete the 42
training. 43
Commissioner Jacobs said he would like to know what the training entails. 44
Mary Fraser said she does not think the training is quite a year long, but rather one must 45
be on the board for a year prior to receiving a formal appointment. 46
Commissioner Jacobs said the application makes it sound somewhat more onerous, 47
and perhaps that should be amended. 48
49
50
15
2. Discussion on Arts Moments Presenters 1
2
PURPOSE: 3
To discuss the possible participants in the Arts Moment portion of the Board’s regular meetings 4
and provide any comments to staff on any parameters to consider in soliciting possible 5
presenters. 6
7
BACKGROUND: As part of regular meetings, the Board of Commissioners recently instituted 8
an “Arts Moment” at the beginning of each meeting. The County’s Arts Commission Coordinator 9
solicits an artist to briefly share arts-related work for each meeting. 10
11
To date, individual literary artists have been presented the Arts Moments, mostly due to the 12
availability, willingness, and reliability of those local authors. A suggestion has been made to 13
allow local arts groups to promote themselves during the Arts Moment. 14
15
The item gives the Board the opportunity to discuss including arts groups. It should be noted 16
that the majority of Board regular meeting dates in 2018 are already filled (only five are 17
available later in the year), so any groups would likely not present until late 2018. The Board 18
may also want to discuss the possibility that the inclusion of groups may present the opportunity 19
for the Arts Moment to shift from presentational to promotional in nature. 20
21
Katie Murray, Arts Commission Director, said this decision is up to the Board of County 22
Commissioners, and when Arts Moment idea was first discussed it was thought of as a 23
presentation. She said organizations can come and speak, or it can remain as individual artists 24
only. 25
Commissioner Marcoplos said he did not know this idea would turn into an agenda item. 26
He said when he toured the Greene Tract, he spoke with another attendee, named Allison 27
Weakly, who said the students were coming to the Greene Tract and drawing pictures of what 28
they saw. He said he thought this it would be great to have these kids come to a BOCC 29
meeting to show their artwork. He said this could be done once in a while, as a complement to 30
individual artists. 31
Commissioner Burroughs said she has loved the Art Moments so far, but would caution 32
against having an art group at every meeting, but rather occasionally. 33
Commissioner McKee referred to the abstract, which states: “may present the 34
opportunity for the Arts Moment to shift from presentational to promotional in nature,” and 35
asked if clarification could be provided. 36
Katie Murray said it would be an opportunity for an organization to promote itself. She 37
asked if the moment is intended to enjoy a piece of art, or is an opportunity for an arts group to 38
promote an event, or increase public awareness of its existence, etc. 39
Commissioner McKee said he would not want this to turn into something where the 40
BOCC is lending support to one organization over another. 41
Katie Murray agreed. 42
Commissioner Jacobs said groups can always speak during the “items not on the 43
printed agenda” portion of a meeting. 44
Commissioner Rich agreed with Commissioner Burroughs, and likes the readings and 45
poetry, as it grounds the BOCC before a meeting. She said she may be accepting of 46
Commissioner Marcoplos’ idea occasionally, but her original vision for the Arts Moment was 47
more of what currently exists. 48
Commissioner Marcoplos said he never had this idea, but simply made a comment. He 49
said he the Arts Moment is centering, and seems almost anti-meeting. 50
16
Chair Dorosin suggested keeping the Arts Moment as it is now, and if a group wants to 1
speak or promote something, there is time during the” items not on the agenda” for comments 2
to be made. 3
Commissioner Jacobs said the Arts Moment is Orange County’s answer to opening a 4
meeting with a prayer. 5
Commissioner Rich said the County is not used to an Arts Moment, and it is special to 6
all. 7
8
3. Planning for the 2018 Orange County Economic Development Summit 9
10
PURPOSE: To finalize planning for fall 2018 Economic Development Summit, including: 11
1) Identifying topics for discussion; 12
2) Selecting the date and time of day for the Summit; and 13
3) Confirming the roles of BOCC members during the Summit. 14
15
BACKGROUND: 16
The Board of County Commissioners appropriated $30,000 in the FY 2017-18 budget from the 17
Article 46 sales tax to host an Economic Development Summit. At its April 3 meeting, the 18
BOCC approved holding the Summit on a to-be-determined date after the summer break and 19
chose to partner with WCHL to broadcast the Summit live on the radio and Internet. The Board 20
chose to hold the event at the Whitted Building so it could also be broadcast on the County 21
access channel (channel 1301 on Spectrum). The purpose of the Summit is to provide 22
information to residents and existing or potential businesses about the many services and 23
programs provided by Orange County Economic Development. 24
25
Staff met April 19 with representatives from WCHL and developed the four proposed topics 26
below. These topics were taken from ideas solicited by staff from the Board of Commissioners 27
earlier this year. It is proposed that each topic be discussed by a panel of experts for one hour 28
of the four-hour program. 29
30
In addition, WCHL will create short (60-second) profiles of individuals or businesses that are 31
Orange County Economic Development “success stories.” These stories will highlight 32
businesses that received assistance from Orange County Economic Development or students 33
who benefitted from an Orange County Scholarship to Durham Technical Community College. 34
35
Todd McGee reviewed these topics, suggesting one topic per hour of the event: 36
37
Suggested topics: 38
• Creative Economy – The non-profit arts segment generates more than 5,000 jobs and 39
attracts significant tourist spending in the County. The LAUNCH business incubator has 40
helped many small start-ups grow into thriving businesses that create jobs and 41
prosperity for residents. 42
• Recreation Destination – The Orange County/Chapel Hill Visitors Bureau recently 43
completed an assessment of the potential for a multipurpose sports/recreation facility. In 44
addition, Orange County already has existing assets (examples: the Soccer.com 45
complex in Mebane and the Mountains to the Sea Trail) that can be tapped to create 46
more recreation-related tourism revenue for the County. 47
• The Nexus of Local Food System – Orange County is home to many small specialty 48
farms that can attract visitors and create more economic output in the County through 49
more jobs and agritourism. Helping small farms bring their products to market is critical 50
17
for this industry to grow. The Piedmont Food and Agricultural Processing Center (PFAP) 1
has launched several successful businesses. Economic Development’s small grants and 2
loan programs have also helped many new farmers in Orange County. 3
• Small Business/Industrial Recruitment – In recent years, Orange County Economic 4
Development successfully recruited Morinaga America Foods to a site in Mebane for its 5
first U.S. plant and a Wegman’s Supermarket to Chapel Hill. The department has many 6
initiatives to attract new businesses and industries to the County. Grant and loan 7
programs are available for small businesses looking to expand or entrepreneurs who 8
are looking to start a new business. Durham Technical Community College also plays a 9
critical part in training students for careers in healthcare or advanced manufacturing. 10
11
Commissioner Rich said she would like to add the Food Council into the ‘Nexus of Local 12
Food System’ topic. She said there may be a common theme in all four topics, such as Article 13
46 funds. 14
Steve Brantley said not every example is listed, but this would allow many programs to 15
be explained and highlighted. 16
Todd McGee said the radio station will create 60-second stories about recipients of 17
Article 46 grants. 18
Commissioner Jacobs said he would also add the Lands Legacy Program to the ‘Nexus 19
of Local Food System’ topic, as it has protected so many acres of land, which has contributed 20
to keeping the food system viable. 21
Commissioner Jacobs said the Sportsplex should be added to the Recreation 22
Destination topic, at it is a huge draw to the area. 23
Chair Dorosin suggested having a component on the issue of wages and employment: 24
wages for school employees, low wage jobs in healthcare and childcare, etc. He said the 25
County is making great efforts towards promoting a living wage wherever possible, and it is 26
important to keep discussing how to continue this work. 27
Steve Brantley said there could be a Durham Tech education/work force development 28
topic, which could include more sophisticated business recruitment. 29
Commissioner McKee said this topic could be woven into all of these topics, and the 30
support for these enterprises drives a more successful business, which in turn allows the 31
business to pay higher wages. 32
Commissioner Jacobs agreed, and said it strikes him as strange that salaries are rarely 33
discussed. He said it may be useful to share the salaries that are earned within the different 34
topics and areas of the economy. 35
Chair Dorosin said he liked this idea. 36
Commissioner Marcoplos said he would like to see some time spent on the trades, and 37
how to prepare young people for the trades. He said the schools are doing a bit more, but it 38
may be a good time to push the conversation further. 39
Steve Brantley said his office is participating with the schools, especially with Orange 40
County Schools. He said Durham Tech also focuses on the trades. 41
Commissioner Marcoplos said he is part of a homebuilders’ effort to spur the schools to 42
do more with building trades, and is currently working with students at Orange High School to 43
build a chicken coop. He said there is good money to be made working in building trades, and 44
youth should know this. 45
Commissioner McKee said there is great opportunity in the trades, and the work is very 46
difficult to export. He said he would like to highlight the County’s support for recruiting outside 47
economic development, as well as its support of existing local businesses. 48
Commissioner Rich asked if speakers will be found for each category. 49
18
Todd McGee said he welcomes BOCC suggestions, and will also look to staff and the 1
community for their expertise. He said the radio station will help as well. 2
Commissioner Rich said she is happy to work with the radio station, but she wants to 3
make sure this is the County’s Economic Summit. 4
Commissioner Rich said to include the Orange County Living Wage community. 5
Chair Dorosin said it may be helpful for the Board to see a revised version of this 6
agenda, once this evening’s comments have been incorporated. 7
8
Date and Time: 9
Todd McGee said staff is looking at the fall, and wants to do it after the Local Fest and 10
before the election, and suggests Wednesday, October 10th. He said the radio station 11
recommends doing it from 3-7 p.m. on the Aaron Keck show, which has a ready-made 12
audience interested in these topics. He said staff agrees with this recommendation. 13
The Board agreed to this date and time by consensus. 14
15
Board of County Commissioners Involvement 16
Todd McGee asked if each Commissioner wants to be on one of the panels, or just let 17
the Chair given opening comments. 18
Chair Dorosin said he is open to the will of the Board. 19
Commissioner Jacobs said he would like to see what staff comes up with, and the 20
Commissioners may want to sit in the audience and heckle. 21
Chair Dorosin suggested that staff brainstorm whom it may want on the panels, and the 22
Commissioners can see where they may be able to fill in. 23
Todd McGee said it would be good to have the Commissioners’ perspective during the 24
event. 25
26
4. Policy on Board Petitions and Board Members’ Requests to Staff 27
28
Commissioner Jacobs suggested tabling this item until Commissioner Price can attend. 29
The Board agreed by consensus. 30
31
ITEM DEFERRED 32
33
A motion was made by Commissioner McKee, seconded by Commissioner Rich to 34
adjourn the meeting at 9:41 p.m. 35
36
VOTE: UNANIMOUS 37
38
Mark Dorosin, Chair 39
40
41
Donna Baker 42
Clerk to the Board 43
1
Attachment 2 1
2
DRAFT MINUTES 3
BOARD OF COMMISSIONERS 4
BUDGET PUBLIC HEARING 5
May 10, 2018 6
7:00 p.m. 7
8
The Orange County Board of Commissioners met for a work session on Thursday, May 10, 9
2018 at the Whitted Building in Hillsborough, N.C. 10
11
COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, 12
Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich 13
COUNTY COMMISSIONERS ABSENT: None 14
COUNTY ATTORNEYS PRESENT: None 15
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 16
Travis Myren and Assistant Deputy Clerk II Sherri Ingersoll (All other staff members will be 17
identified appropriately below) 18
19
Chair Dorosin called the meeting to order at 7:14 p.m. 20
21
1. Opening Remarks 22
Chair Dorosin welcomed everyone who came tonight to speak on the budget, and said 23
the next public hearing is scheduled for 5/17 at Southern Human Services Center. 24
25
2. Presentation of County Manager’s Recommended FY 2018-19 Budget 26
Bonnie Hammersley made the following PowerPoint presentation: 27
28
FY2018-19 29
COUNTY MANAGER 30
RECOMMENDED BUDGET 31
32
Continuation budget 33
34
Debt Service 35
Personnel Cost 36
Contract Obligations 37
Reserve Levels 38
CHCCS and Orange County School Funding 39
40
41
42
FY2018-19 RECOMMENDED BUDGET BUDGETED EXPENDITURES & REVENUES
2
1 2
3
4 5
Bonnie Hammersley responded to Commissioner Burroughs’ question from a previous 6
meeting, by saying that the breakdown of tax revenues is 81% residential and 19% commercial. 7
She resumed the presentation: 8
9
10
11
12 13
FY2018-19 Recommended Budget Assumptions 14
FY2018-19 RECOMMENDED BUDGET BUDGETED REVENUES
FY2018-19 RECOMMENDED BUDGET BUDGETED EXPENDITURES
3
1
Tax Growth = 3.0% 2
Sales Tax Growth = 2.4% 3
General Fund Reserve = 16% 4
5
6
7
8
9
10
11
Bonnie Hammersley said that the increase is due to increased debt service, and will not 12
seep into the operating budget. She said this allows for flexibility with the phase-in of taxes. 13
Commissioner McKee asked if the .0795 projected tax increase assumes that the 14
revenues, currently being collected, will remain the same. He asked if sales revenue growth 15
exceeds these estimates, would the possibility of increasing taxes be reduced. 16
Bonnie Hammersley said yes, if better growth is seen, the rate could be adjusted in the 17
future. She resumed the presentation: 18
19
FY2018-19 Recommended Budget $0.0142 Tax Rate Increase Impact 20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Phase In Tax Rate Increase $0.0142 to $0.8519
$0.01 on county tax rate = $1,838,250
$0.0142 on county tax rate = $2,610,315
$0.01 on county tax rate = $1,838,250
$0.0142 on county tax rate = $2,610,315
Property
Value
FY2017-18
Tax Rate
($0.8377)
FY2018-19
Tax Rate
($0.8519)
Increase
$100,000 $837.70 $851.90 $14.20
$200,000 $1,675.40 $1,703.80 $28.40
$300,000 $2,513.10 $2,555.70 $42.60
$400,000 $3,350.80 $3,407.60 $56.80
$500,000 $4,188.50 $4,259.50 $71.00
FY2018-19 RECOMMENDED BUDGET REQUEST COMPILATION
FY2018-19 RECOMMENDED BUDGET COUNTY DEPARTMENTS
1- Increase living wage for temporary employees to $14.25 on July 1, 2018
2- Increase living wage for non-competitive contracts = $37,150
4
1
2
3
4
5
Functional Leadership teams 6
Community Services 7
Increase Solid Waste Program Fee $4 to $132 per year 8
General Government 9
Food Council Coordinator – 1.0 FTE (contingent on cost share) 10
EMS Billing Collections – 1.0 FTE (additional revenue) 11
Racial Equity Training (REI) – 1st year of 3 year plan (fund reallocation) 12
Human Services 13
Dental Hygienist – 1.0 FTE (new revenue and fund reallocation) 14
Implement pilot for “Local Housing Voucher” program 15
Public Safety 16
Criminal Justice Resources - 0.5 FTE (Contingent on new ABC revenue) 17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Commissioner Burroughs referred to the recurring capital, and asked if approximately $3 43
million should appear in the debt service. 44
Bonnie Hammersley said that will be addressed in a couple of slides ahead. She 45
resumed the presentation: 46
47
48
49
50
51
FY2018-19 RECOMMENDED BUDGET COUNTY DEPARTMENTS
FY2018-19 RECOMMENDED BUDGET EDUCATION
FY2018-19 RECOMMENDED BUDGET EDUCATION
FY2018-19 RECOMMENDED BUDGET EDUCATION
5
1
2
3
OCS - CAPITAL Requested
Increase
Recommended
Increase
Recommended
Appropriation
Recurring Capital ($18,900) ($18,900) $1,178,100
Long Range Capital $5,993 $5,993 $1,544,671
Deferred
Maintenance Plan $0 $1,178,100 $1,178,100
Total ($12,907) $1,165,193 $3,900,871
4
Bonnie Hammersley said schools have not requested funds for the deferred 5
maintenance program, but everyone knows there are outstanding needs in deferred 6
expenditures. She said this is $3 million of fund balance that will be used for one-time deferred 7
maintenance expenses. 8
Commissioner Burroughs said the schools have been getting $3 million in pay-as-you-go 9
funds under recurring capital. 10
Bonnie Hammersley said the schools will continue to get these funds. 11
Commissioner Burroughs asked if this is shown in the budget, and if an existing $3 12
million has been taken and moved to a different place, as it shows zero in recurring capital in 13
the Manager’s Recommended Budget. 14
Travis Myren referred to the Operating Budget page, and said the $3 million in recurring 15
capital has gone to zero. He said this $3 million shows up in the capital budget. He said the 16
schools will not see any decrease in the amount of money received for recurring capital; it is just 17
being paid in a different way. He said this will manifest itself in debt service over time, but frees 18
up a little cash in the operating budget. 19
Chair Dorosin cautioned against saying that the schools have not asked for deferred 20
maintenance funds, because the schools have been asking for those funds for a long time. 21
Bonnie Hammersley said yes; there was just no specific request this year. 22
Commissioner Price said there is a zero in the health and safety contracts, and asked if 23
clarification could be provided. 24
Bonnie Hammersley said the schools did not request an increase there, but staff made 25
the adjustment automatically for salary adjustments for nurses and school resource officers. 26
She resumed the presentation: 27
28
29
30
31
32
33
34
35
36
37
38
Commissioner Jacobs asked if staff can tell the Board of County Commissioners 39
(BOCC) the last time the County contribution was below 48.1%. 40
Bonnie Hammersley said it was in 2010 with the recession, and this will be looked at 41
during the Public Hearing next week, and in greater detail at the work session on May 24th. 42
She resumed the presentation: 43
44
45
FY2018-19 RECOMMENDED BUDGET EDUCATION
FY2018-19 RECOMMENDED BUDGET EDUCATION
6
1
2
3
4
5
6
7
8
9
Chair Dorosin asked if this will provide a specific number of scholarships. 10
Travis Myren said it covers 200 scholarships. 11
Bonnie Hammersley resumed the presentation: 12
13
14
15
16
17
18
19
20
21
22
23
24
Bonnie Hammersley said last year, the BOCC requested a formula be used for 25
determining funding for non-profits. In appreciation for the advisory board input, staff included 26
the funding based on the evaluation scores. They looked at the scores, and some were too low, 27
and received 0%. They will discuss this more on the 24th. She resumed the presentation: 28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Bonnie Hammersley said she did not recommend any new agencies receive funding this 43
year, since this is a continuation budget. She resumed the presentation: 44
45
46
47
48
49
50
51
*Funded by Article 46 Sales Tax
FY2018-19 RECOMMENDED BUDGET OUTSIDE AGENCIES
Advisory Board scoring was used to recommend funding amounts
FY2018-19 RECOMMENDED BUDGET OUTSIDE AGENCIES
$1,401,173 is consistent with the target established by the
BOCC to allocate 1.2% of general fund expenses, not including
education, to outside agencies.
FY2018-19 RECOMMENDED BUDGET FIRE DISTRICTS
7
1
2
3
4
5
6
7
Commissioner Rich asked if there is a plan to notify residents in the Eno and Little River 8
fire districts about the increase in rate. She asked if residents know this is happening. 9
Travis Myren said it is on the tax bill, but the County does not provide separate notice of 10
these types of tax increases. 11
Commissioner McKee said there are no protocols in place, and there is probably a 12
limited awareness, because there is no direct communication; and whether there should be is 13
open for discussion. He said residents who are engaged in the community probably have an 14
awareness, but the general public may not. 15
Commissioner Jacobs said another Commissioner was concerned about this, and felt 16
that the Fire Department’s Board of Directors should provide a notice, since they are the ones 17
requesting the increase. 18
Commissioner McKee said the only notice he has heard of is through the fire district’s 19
annual meeting. 20
Commissioner Jacobs asked if the County could include a note in the tax bills when this 21
occurs, to provide the information. 22
Commissioner Rich said it is especially important that people understand who is really 23
taxing them, since this is being requested through the fire department. 24
Chair Dorosin asked if Todd McGee, Community Relations Director, could aid in getting 25
information out. 26
Bonnie Hammersley said she will talk with Todd McGee as well as the Fire Chiefs. 27
Commissioner McKee also suggested that some general information be provided 28
through the press about tax increases and who is requesting them. 29
Bonnie Hammersley resumed the presentation: 30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Clerk to Board of Commissioners 49
County Finance & Administrative Services Office 50
Orange County Library 51
FY2018-19 RECOMMENDED BUDGET
FY2018-19 RECOMMENDED BUDGET
BUDGET DOCUMENT AVAILABILITY
8
Chapel Hill Public Library 1
Carrboro/McDougle Branch Library 2
Orange County Website - http://orangecountync.gov 3
4
3. Public Comment 5
Bill Whitmore said he is a resident of downtown Hillsborough, and is here on behalf of 6
the Hillsborough Arts Council. He said the Council would like to request full approval of its 7
funding request, specifically for organizational development and community outreach. He said 8
this additional funding would take the part-time employee to full-time, which would relieve the 9
volunteers. He said last year there were over 11,000 volunteer hours with the Council, which 10
has helped to make the community a richer place to live. He said the County is growing, as are 11
the needs of the arts. He said the Arts Council holds events and arguably drives more of the 12
business in the community. He said Hillsborough is literally and geographically the heart of the 13
County, and is synonymous with the County and the Council asks for full support from the 14
BOCC. 15
Jamezetta Bedford spoke on behalf of the Mental Health Community Connections 16
(MHCC) Group, a collaboration between both school districts, families, health care providers 17
and community agencies. She said the purpose of this organization is to educate and 18
encourage support. She said May is Mental Health Awareness month, and the perception is 19
that mental health issues will not change, but the Board of County Commissioners can help to 20
change it by supporting the schools systems, Club Nova and departments who are involved in 21
mental health issues. She said the BOCC can also help by supporting training for the Sheriff’s 22
department and alternative programs through the Criminal Justice office. She said this problem 23
has many moving parts, but children and youth spend so much time at school, and together first 24
steps are being taken in moving towards improving children’s health. 25
Marisa Martini said she is the Community Development Manager for Habitat for 26
Humanity of Orange County. She thanked the BOCC for its commitment to affordable housing 27
and its support for Habitat, and to the County Manager for recommending a budget increase for 28
Habitat’s Home Preservation Program, which serves low income families, insuring that everyone 29
has a safe, decent, and dignified place to live. She said one project in the Home Preservation 30
Program this fiscal year was for Barbara McNeil in Efland, who requested help through Habitat 31
with her windows, back door and exterior paint, but when the Habitat representatives visited 32
with her, they learned she had no indoor plumbing and had been using an outhouse for 61 33
years. She said Home Preservation projects typically have a maximum budget of $5,000, which 34
would have covered the projects requested by Mrs. McNeil, but it was clear that a bathroom was 35
needed. She said a strategy was created, partnerships developed, and through volunteers and 36
expanded programs, Mrs. McNeil received a bathroom and indoor plumbing in her home. She 37
thanked the BOCC for its help and support for affordable housing. 38
39
4. Adjournment 40
A motion was made by Commissioner Rich and seconded by Commissioner Burroughs 41
to adjourn the public hearing at 7:51 p.m. 42
43
VOTE: UNANIMOUS 44
45
Mark Dorosin, Chair 46
47
Sherri Ingersoll 48
Assistant Deputy Clerk II 49
1
Attachment 3 1
2
DRAFT MINUTES 3
ORANGE COUNTY BOARD OF COMMISSIONERS 4
REGULAR MEETING 5
May 15, 2018 6
7:00 p.m. 7
8
9
The Orange County Board of Commissioners met in regular session on Tuesday, May 15, 2018 10
at 7 p.m. at the Southern Human Services Center in Chapel Hill, N.C. 11
12
COUNTY COMMISSIONERS PRESENT: Commissioners Mia Burroughs, Barry Jacobs, Earl 13
McKee, Mark Marcoplos, Renee Price and Penny Rich 14
COUNTY COMMISSIONERS ABSENT: Chair Dorosin 15
COUNTY ATTORNEYS PRESENT: John Roberts 16
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager 17
Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified 18
appropriately below) 19
20
Vice Chair Rich called the meeting to order at 7:01 p.m., and said she will preside over 21
the meeting tonight as Chair Dorosin is unable to attend, due to an out of town work conflict. 22
23
1. Additions or Changes to the Agenda 24
25
NOTE: For this meeting only, the Manager is proposing that the Board address Section 8 26
– Consent Agenda and Section 11 – Appointments prior to discussion of Section 5 – 27
Public Hearings due to Section 5’s expected length of discussion. 28
29
A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to 30
approve for the Board to address Section 8 – Consent Agenda and Section 11 – Appointments 31
prior to discussion of Section 5 – Public Hearings due to Section 5’s expected length of 32
discussion. 33
34
VOTE: UNANIMOUS 35
36
Commissioner Rich noted the following items at the Commissioners’ places: 37
- Yellow sheet: revised abstract for Item 11b 38
39
PUBLIC CHARGE 40
Commissioner Rich reviewed the public charge. 41
42
Katie Murray, Arts Commission Director, introduced the Arts Moment. 43
Arts Moment - Celisa Steele – Ms. Steele lives in Carrboro, North Carolina, where she served 44
as the town’s poet laureate from 2013 to 2016. As a member of Carrboro Poets Council, she's 45
helped plan for the past six years Carrboro's free, multi-day, multi-venue West End Poetry 46
Festival, which takes place each October. Her poetry has appeared in Poetry South, Tar River 47
Poetry, The Comstock Review, San Pedro River Review, and other publications. In 2011, she 48
published her first chapbook, How Language Is Lost. Read more about her poetry at 49
www.celisasteele.com. 50
2
1
Ms. Steele read a poem. 2
3
Commissioner McKee arrived at 7:05 p.m. 4
5
2. Public Comments 6
7
a. Matters not on the Printed Agenda 8
Jim Merritt, Co-Chair of the Veteran’s Memorial Committee, invited everyone to the 1st 9
annual Veteran’s Memorial Bike Rally on May 28th, as well as the commemoration service at 10
7:45 a.m. on May 28th at Southern Human Services Center. He said this service will include a 11
dedication and placement of a memorial wreath, and then the bikes will take a tour of Orange 12
County. He said there are still a lot of memorial bricks for sale to commemorate friends’ and 13
family’s service to the country. 14
Commissioner Price said anyone who is interested in riding in the motorcycle tour 15
should contact Officer Whitehurst. 16
Commissioner Rich asked if there is an update on fundraising for the memorial. 17
Jim Merritt said about $50,000 has been raised. 18
Terri Buckner and Allan Green read the following statement: 19
20
On December 4, 2017, we, the local friends of the MST, petitioned the board to adopt an official 21
trail map for the southern section of the trail. On January 23, 2018, you agreed to our request 22
and adopted a “concept” map while also expressing your support for moving the trail forward at 23
a faster pace. 24
25
On March 2, a small group of us met with DEAPR staff to map out the Cane Creek area of the 26
trail route in more detail and identify for DEAPR staff the most feasible location for trail 27
easements. We also identified 2 tracts of land that were for sale at the time, one of which would 28
have made an ideal trail head. That "ideal trailhead" now has an offer on it, not from Orange 29
County. 30
31
To the best of our knowledge no action has occurred to move the planning on that section of 32
the trail forward since the March 2 meeting. We were told in that meeting that we could expect 33
to see trail in the Cane Creek area within 3-4 years. We are not sure if that time line is simply to 34
establish the trail map or to actually open the trail to hikers. Our expert trail builder estimates it 35
will take well over a year to build the ~8 miles trail from Ed Johnson’s property on Buckhorn Rd 36
across to Mebane Oaks. We feel like construction on that section could have begun this fall if 37
staff had started formalizing the freely-offered easements after the January 23 map adoption. 38
39
On January 25, I attended an NCDOT meeting on the Hwy 54 corridor, made them aware of the 40
intent to link the Alamance County section of the MST with the Orange County section near the 41
intersection of Saxapahaw-Bethlehem Church Road and Hwy 54. I discussed with them the 42
possibility of including a trailhead, like the one at the Haw River on 15-501, around that 43
intersection. They expressed willingness to discuss this with Orange County, and I passed that 44
contact information along to DEAPR staff. On May 2, I attended a follow up meeting with DOT 45
and saw the trailhead was not drawn into their revised map. I was told they have contacted 46
Orange County but haven’t received a response. 47
48
As part of our attempts to partner with DEAPR to make the MST a reality, the Friends agreed to 49
provide the volunteer labor for a February trail building session at Seven Mile Creek. We 50
3
expended considerable effort to recruit skilled volunteers for that session in order to establish a 1
positive working relationship. A couple of days before the session, we were notified that due to 2
an administrative glitch, the materials would not be available to undertake the planned work and 3
the work session was cancelled. That was the last communication we've had with DEAPR. 4
5
According to your 2018 Capital Investment Plan, “"The second phase of the [MST] project is 6
proposed for Year 2 and would address the segment of the MST from Buckhorn Road around 7
and on the OWASA-owned lands at Cane Creek Reservoir, continuing to the Alamance County 8
line." However, we did not find any specific action items laid out for meeting this goal. 9
10
We did, however, find the following in the Parks and Recreation Council plan of action for 2018, 11
12
• "Continue to participate in the Mountains to the Sea project as way station and trailhead 13
locations are identified in the coming at Seven Mile Creek and potentially other 14
locations." (p. 47-48 of May 3 BOCC agenda). 15
• In that same document we also found reference to the need for assessing the proposed 16
multimodal trail. 17
18
There are at least two significant reasons not to continue delaying action on the Cane Creek 19
section of the trail. First, land is turning over in that area and more and more smaller tracts are 20
being sold. The more residents who move in out there, the harder it is going to be to get the trail 21
sited and built. Second, as we have said before, some of those who are willing to give free 22
easements are older and not only do they want to be assured that the easements are codified 23
but they also want to be able to hike the trail while they are still able. 24
25
We completely understand that DEAPR is a small department with a significant work load. 26
That's why we have made so many efforts to help move the MST project forward. We don't 27
want to wait another 3-4 years. If the county is going to move forward with this project beyond 28
the Hillsborough area, it's time to do it, instead of dragging it out while undertaking new 29
competing projects. 30
31
What we want: 32
Year 2 begins in July and we would like to have a concrete plan of action that includes: 33
• A commitment to work with NC DOT to establish a trail head at Hwy 54 and Saxapahaw-34
Bethlehem Church Rd. We’d like this commitment made tonight. 35
• A commitment to finalize the freely-offered easements in the Cane Creek area by the 36
end of August. 37
• Establishment of a joint oversight committee between the Friends of the MST, county 38
staff, the BOCC and OWASA before your summer break. The goal of this committee 39
would be to develop an action plan for the Cane Creek section of the trail, followed by a 40
similar plan for Cane Creek to Hillsborough, and then to help guide the plan through to 41
implementation. 42
43
Commissioner Rich said she would take this as a petition. 44
Bonnie Hammersley said staff will bring back a status report for the Board before the 45
break. 46
47
b. Matters on the Printed Agenda 48
(These matters will be considered when the Board addresses that item on the agenda 49
below.) 50
4
1
3. Announcements, Petitions and Comments by Board Members 2
Commissioner McKee had no comments. 3
Commissioner Price said the Durham-Chapel Hill-Carrboro Metropolitan Planning 4
Organization met last week, and released the list of projects for the allocation of local input 5
points, therefore opening the public comment period. 6
Commissioner Price said the Board received a template from the North Carolina 7
Association of County Commissioners (NCACC) for the North Carolina School Bond for school 8
facilities, and she is petitioning the BOCC to support the bond, and to encourage both local 9
Chambers of Commerce to do the same. 10
Commissioner Price said the Central Orange High School reunion is coming up, and it 11
marks 50 years since the end of segregation in the Orange County School System. She said 12
there will be a host of activities planned. 13
Commissioner Price said she supported getting an action plan for the MST. 14
Commissioner Jacobs agreed with Commissioner Price about the MST. 15
Commissioner Jacobs said he wanted to express his condolences to the family of Elsie 16
Pickett, who was a great community activist. 17
Commissioner Jacobs congratulated all of the teachers who were going to Raleigh 18
tomorrow to fight for themselves and quality public education, in a State that seems to want to 19
dismantle quality public education. 20
Commissioner Jacobs said the first meeting of the Orange Chatham Work Group 21
occurred, and it was a very collegial meeting, which was full of good information. He said the 22
next meeting will occur in October. 23
Commissioner Marcoplos said he is excited about the day of advocacy for teachers and 24
public education. He said one part of the movement stuck with him, which is the depth of 25
children’s hunger issues in the County, and learning how many children would go without food 26
due to missing a day of school. He said he was unaware of the magnitude of this problem, and 27
he is unsure how to help, but feels that Board should concentrate on this issue in the near 28
future. 29
Commissioner Burroughs had no comments. 30
Commissioner Rich referred to Commissioner Marcoplos’ request to help hungry 31
children, and said it may be something that the Food Council can look into. She congratulated 32
teachers for their bold move in holding tomorrow’s march. 33
Commissioner Rich referred to the meeting with Chatham County, and said she also 34
learned a great deal. She said Chatham County is feeling growing pains with its public 35
transportation, especially in the direction of Chapel Hill. She said Chatham Transit is a non-36
profit, to which Chatham County provides financial support, and it is trying to get passengers to 37
UNC, in order to connect with Orange Public Transit (OPT) and Chapel Hill Transit. She 38
petitioned the Board and staff to think proactively about these connections. 39
40
4. Proclamations/ Resolutions/ Special Presentations 41
NONE 42
43
8. Consent Agenda (MOVED UP) 44
45
• Removal of Any Items from Consent Agenda 46
Items 8-b, 8-c by Commissioner Price 47
Item 8-d by Commissioner McKee 48
49
• Approval of Remaining Consent Agenda 50
5
1
A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to 2
approve the remaining items on the Consent Agenda. 3
4
VOTE: UNANIMOUS 5
6
• Discussion and Approval of the Items Removed from the Consent Agenda 7
8
8-b: Fiscal Year 2017-18 Budget Amendment #9 9
The Board considered approving budget, capital, and grant project ordinance 10
amendments for fiscal year 2017-18. 11
12
Commissioner Price congratulated the Piedmont Food and Agricultural Processing 13
(PFAP) Center for getting the Golden Leaf grant, and said it is important to let people know 14
what is going on with PFAP. 15
Commissioner Jacobs said PFAP is fully subscribed, and essentially built out. He said it 16
is doing very well, and showing a small profit. 17
18
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to 19
approve the budget, capital, and grant project ordinance amendments for fiscal year 2017-18. 20
21
VOTE: UNANIMOUS 22
23
8-c: Family Success Alliance – Agreements for Navigator Program 24
The Board considered approving two agreements totaling $452,325 (OCIM - $213,601 25
and Empowerment, Inc. - $238,724) to implement the Family Success Alliance Zone Navigator 26
Program in zones 4 and 6, respectively, and authorize the Manager to sign. 27
28
Commissioner Price asked for clarification on the number of people that are going to be 29
employed in this program. 30
Quintana Stewart, Health Director, said no new staff will be added, but rather increasing 31
hours for current staff to get them closer to full time. 32
33
A motion was made by Commissioner Price, seconded by Commissioner Burroughs to 34
approve two agreements totaling $452,325 (OCIM - $213,601 and Empowerment, Inc. - 35
$238,724) to implement the Family Success Alliance Zone Navigator Program in zones 4 and 6, 36
respectively, and authorize the Manager to sign. 37
38
VOTE: UNANIMOUS 39
40
8-d: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment 41
Outline and Schedule –UDO Text Amendments Clarifying Impervious Surface 42
Regulations 43
The Board considered approving process components and schedule for proposed 44
amendments to the Orange County Unified Development Ordinance (UDO). 45
46
Commissioner McKee said this item is an update on impervious surface regulations for 47
subdivisions platted before 1994, and it is a clarification on the transfer between parcels for 48
impervious surface. He said this is a step forward in addressing some overly onerous 49
regulations on some subdivision lots. He pulled this item to petition the Board to direct staff to 50
6
bring back an abstract item in the fall that will take a more comprehensive look at impervious 1
surface standards and percentages, as applied to small lots in Orange County. 2
Commissioner Jacobs asked Michael Harvey, Current Planning, if the Board is to 3
assume that the statement about the ability to transfer impervious surface from one adjacent 4
parcel to another is the sum total of the regulation, or if there will be more detail in the future. 5
Michael Harvey said staff is in the process of writing the ordinance, and it is staff’s 6
position that this ordinance seeks to do two things: 1.) Clarify processes for subdivisions that 7
were platted and developed prior to the County adopting countywide watershed management 8
strategies and policies; and 2.) There is an existing allowance that permits the transfer of 9
impervious surface from parcels that are adjacent to one another, which staff believes to be 10
unnecessarily limiting, and transfer should be allowed between parcels in the same watershed. 11
He said staff will be proposing caps on how much impervious surface can be transferred, 12
because staff does not want to make property undevelopable, because it has transferred too 13
much impervious surface to another parcel; and to avoid a parcel having more impervious 14
surface than it can handle from a storm water management standpoint. 15
16
A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to 17
approve the process components and schedule for proposed amendments to the Orange 18
County Unified Development Ordinance (UDO). 19
20
VOTE: UNANIMOUS 21
22
8-e: Schools Adequate Public Facilities Ordinance – Approval and Certification of 2018 23
Report 24
The Board considered approving and certifying the 2018 Schools Adequate Public 25
Facilities Ordinance Technical Advisory Committee (SAPFOTAC) Report and certifying portions 26
of the Report. 27
28
Commissioner Rich said it looks like no one pulled this item, and she mistakenly pulled it 29
out. 30
31
A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to 32
approve and certify the 2018 Schools Adequate Public Facilities Ordinance Technical Advisory 33
Committee (SAPFOTAC) Report and certify portions of the Report. 34
35
VOTE: UNANIMOUS 36
37
a. Minutes 38
The Board approved the minutes from April 24, 26 and May 1, 2018 as submitted by the Clerk 39
to the Board. 40
b. Fiscal Year 2017-18 Budget Amendment #9 41
The Board approved budget, capital, and grant project ordinance amendments for fiscal year 42
2017-18 for Department on Aging; Animal Services; Health Department; White Cross Volunteer 43
Fire Department; Piedmont Food and Agricultural Processing (PFAP) Center; Library Services; 44
and the Department of Environment, Agriculture, and Parks and Recreation (DEAPR). 45
c. Family Success Alliance – Agreements for Navigator Program 46
The Board approved two agreements totaling $452,325 (OCIM - $213,601 and Empowerment, 47
Inc. - $238,724) to implement the Family Success Alliance Zone Navigator Program in zones 4 48
and 6, respectively, and authorize the Manager to sign. 49
7
d. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline 1
and Schedule –UDO Text Amendments Clarifying Impervious Surface Regulations 2
The Board approved process components and schedule for proposed amendments to the 3
Orange County Unified Development Ordinance (UDO). 4
e. Schools Adequate Public Facilities Ordinance – Approval and Certification of 2018 5
Report 6
The Board approved and certified the 2018 Schools Adequate Public Facilities Ordinance 7
Technical Advisory Committee (SAPFOTAC) Report and certified portions of the Report. 8
f. Change in BOCC Regular Meeting Schedule for 2018 9
The Board changed the Board of Commissioners’ regular meeting calendar for 2018 to add a 10
Transit Oriented Development Meeting, Thursday, June 21, 2018 from 7:00pm-9:00pm in the 11
Durham County Government Administrative Complex, 2nd floor, Commissioners' Chambers, 200 12
East Main Street, Durham, NC 27701. 13
14
11. *Appointments- MOVED UP 15
a. Advisory Board on Aging – Appointments 16
The Board considered making appointments to the Advisory Board on Aging. 17
18
A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to 19
appoint the following to the Advisory Board on Aging: 20
21
• Appointment to a first full term (Position #3) “Chapel Hill Town Limits” representative for 22
Michael Zuber expiring 06/30/2021. 23
• Appointment to a first full term (Position #8) “At-Large” representative for Alicia Nelson 24
expiring 06/30/2021. 25
• Appointment to a first full term (Position #9) “At-Large” representative for James Harris 26
expiring 06/30/2021. 27
28
VOTE: UNANIMOUS 29
30
b. Board of Health – Appointments 31
The Board considered making appointments to the Board of Health. 32
33
A motion was made by Commissioner Price, seconded by Commissioner McKee to 34
appoint the following to the Board of Health: 35
36
Appointment to a first full term (Position #5) “Optometrist” representative for Dr. Bruce Baldwin 37
expiring 06/30/2021. 38
• Appointment to a second full term (Position #6) “Citizen/Commissioner Appointment” 39
representative for Barbara Chavious expiring 06/30/2021. 40
• Appointment to a second full term (Position #7) “At-Large Professional Engineer” 41
representative for Timothy Smith expiring 06/30/2021. 42
• Appointment to a first full term (Position #8) “At-Large” representative for Keith Bagby 43
expiring 06/30/2021. 44
45
VOTE: UNANIMOUS 46
47
5. Public Hearings 48
49
a. Unified Development Ordinance Text Amendment – Flags and Flagpoles 50
8
The Board held a public hearing on a Planning Director/County Attorney’s Office 1
initiated Unified Development Ordinance (UDO) text amendment clarifying regulations 2
associated with flags and flagpoles. The Board considered a decision on one of the following 3
options: 4
a. Adopt the proposed amendments by approving the Statement of Consistency 5
(Attachment 3) and EITHER the Ordinance and Proposed UDO Text 6
Amendments in Attachment 4, or the Ordinance in Attachment 4 and the 7
County’s Attorney’s May 10, 2018 Proposed UDO Text Amendments in 8
Attachment 7; 9
b. Defer a decision to a later BOCC regular meeting date; or 10
c. Refer the item back to the Planning Board for a specific purpose. 11
12
Michael Harvey reviewed items in the agenda abstract, and the information below: 13
14
BACKGROUND: 15
The UDO Amendment Outline Form (Attachment 1) for these amendments was approved by 16
the BOCC at its March 20, 2018 regular meeting. The County Attorney’s 17
Office has provided staff with recommended language. The purpose of these proposed 18
amendments is as follows: 19
• To address concerns over the lack of clear and comprehensive regulation(s) to ensure 20
that the display of a flag does not dominate local skylines. 21
• To clarify existing regulations on flags and flagpoles. Specifically: 22
o The allowable height, location, and number of flagpoles, and 23
o The maximum allowable area (size) of flags that can be displayed on a given parcel 24
of property. 25
26
Please note the proposed amendments do not attempt to regulate flag content. Regulating flag 27
content would be inconsistent with numerous court proceedings, including the US Supreme 28
Court Case Reed versus Town of Gilbert. The County cannot regulate the content of a flag. 29
30
It can, however, establish content-neutral regulations designed to address the size, height, and 31
location at which a flag is displayed. For additional background information, please refer to the 32
UDO Amendment Outline Form contained within Attachment 1 and to the pertinent agenda 33
materials and information via the following links: 34
35
• March 20, 2018 BOCC regular meeting agenda materials can be viewed at: 36
http://server3.co.orange.nc.us:8088/WebLink8/DocView.aspx?id=51820&dbid=0. 37
• March 20, 2018 BOCC regular meeting minutes can be viewed at: 38
http://server3.co.orange.nc.us:8088/WebLink8/0/doc/52122/Page1.aspx 39
• April 4, 2018 Ordinance Review Committee (ORC) agenda materials and can be viewed 40
at: http://cms3.revize.com/revize/orangecounty/ORCAgendaPacket.pdf. 41
• April 4, 2018 Planning Board agenda materials can be viewed at: 42
http://cms3.revize.com/revize/orangecounty/PlanningBoardAgendaPacket.pdf. 43
44
An amendment fact sheet (Attachment 6) has been prepared providing answers to basic 45
question(s) associated with this proposal. 46
47
If the amendment is adopted, Planning staff will be required to physically document all flags and 48
flagpoles on property within the County’s planning jurisdiction. This is to establish a baseline for 49
9
what is existing within the County and identify potential violation(s) of size and height 1
regulation(s). 2
3
Please note staff will not have the authority to go onto private property to document the 4
presence of a flag or flagpole. Pictures will be taken from public/private rights-of-way. Further 5
this is the first step in the documentation process. Staff will have the burden of proving a 6
flagpole exceeds established height restrictions or a flag exceeds allowable area in order to 7
initiate enforcement action at the appropriate time. 8
9
Planning Director’s Recommendation: The Planning Director recommends approval of the 10
proposed text amendments, including the: 11
i. Statement of Consistency contained in Attachment 3, which indicates the proposed 12
text amendments are consistent with the adopted Comprehensive Plan, are 13
reasonable, and are in the public interest, and 14
ii. The text amendment as contained in Attachment 4. 15
16
Planning Board Recommendation: At its April 4, 2018 meeting, the Board voted unanimously to 17
recommend approval of the Statement of Consistency and the UDO amendment package. 18
Draft minutes and the signed Statement of Consistency from this meeting are included in 19
Attachment 2. 20
21
Pursuant to a request by the Chair, the County Attorney and Planning staff prepared an 22
additional document, Attachment 7, with recommendations from the County Attorney to reduce 23
the required setback to 20 feet and to designate a maximum allowable height rather than 24
having an allowable height either a set number of feet or the height of a building on the lot. 25
Reducing the setback would allow the County’s smallest allowable lots of 50 feet to erect 26
flagpoles. Allowing for a single height limit for flagpoles in the residential and commercial 27
zoning districts will provide a measure of uniformity for flagpole height throughout the County. 28
29
Page 11- amortization policy- flagpoles would have to comply within one year of this ordinance 30
being adopted. 31
32
Michael Harvey said the Planning Board is aware that many entities have multiple 33
flagpoles, such as fire departments and schools. He said the County Attorney’s (CA) office has 34
provided some additional amendment options on page 30 of the packet. 35
Commissioner McKee asked if the flagpoles will be out of the compliance after a year. 36
Michael Harvey said yes. 37
Commissioner McKee asked if the number of government entities with flagpoles over 38
this height is known. 39
Michael Harvey said no. 40
Commissioner Price asked how staff determined that there could be only three flags per 41
pole. 42
Michael Harvey said given the timeframe placed on staff by the BOCC, this is what staff 43
was able to come up with, and staff based this ordinance on similar regulatory standards from 44
Durham County. He said this is content neutral, and flags cannot be banned, but the number of 45
flags, size and location can be regulated. He said staff would consider other options, if the 46
Board so desires. 47
Commissioner Price clarified that there is no specific reason to have just three flags. 48
10
Michael Harvey said staff tried to address a reasonable number, and he said there are 1
state laws that require people to be able to fly state, national and local jurisdiction flags, and 2
this cannot be denied. 3
John Roberts said state law requires that local governments allow the flying of those 4
three flags, which was the way he determined 3 flags per pole. 5
Commissioner Price said she understood that reasoning at public sites, but not on 6
private property. 7
Commissioner Jacobs referred to page 2, where it talks about severing the allowable 8
height of the pole from the height of the building. 9
Michael Harvey said that will be covered by the CA. 10
Commissioner Jacobs said on page 28 it states that it is not going to be related to the 11
existing structures, and asked if clarification could be provided. 12
John Roberts said that is an option, and was a Commissioner requested change. He 13
said this makes sense so that there is consistency countywide for height. 14
Commissioner Jacobs asked if this consistency is for total height. 15
John Roberts said for maximum flagpole height per type of lot. 16
Commissioner Price asked if there is a reason that cemeteries are being regulated. 17
Michael Harvey said staff allowed exemptions for both private and public cemeteries; 18
and small flags on gravesites will be permitted. 19
Commissioner Price read the following language: “flags no greater than 12 inches in 20
height may be displayed at individual gravesites within the cemetery” and asked if this is 21
applicable to all cemeteries. 22
Michael Harvey said yes, there is no distinction between public and private cemeteries. 23
John Roberts said this issue came up because of a rumor that an excessively large flag 24
was going up on a residential lot, and the BOCC received a large number of complaints. He 25
said many of those complaints focused on one type of flag. He said the BOCC, staff, and he 26
looked at the ordinance, and it was not clear on the size or height of flags that may be flown, 27
whether on commercial or residential property. He said the BOCC instructed staff to bring a 28
content neutral ordinance regulating flags. 29
John Roberts said both the staff’s proposal and his options are content neutral, and any 30
flag can continue to be flown if it fits within the dimensions proposed in the ordinance. He said 31
if the Board adopts this ordinance, there is a one-year amortization before anyone would have 32
to replace their flags to adhere to the ordinance. 33
John Roberts said there is clear case law that this is within a local government’s 34
authority. He said Durham has a flag ordinance and regulates the size of the flags, and the 35
case which determined that ordinance went all the way to the 4th circuit of appeals, which is the 36
federal appellate court having jurisdiction over North Carolina. He said the Court ruled in 37
Durham’s favor. 38
John Roberts said it is not his interpretation that the flagpole will be subject to the 39
amortization provision. He said if a flagpole is taken down voluntarily, or knocked down through 40
an accident or natural act, then it would need to be replaced with a flagpole that complies, but 41
residents, schools, churches, etc., will not be required to replace existing flagpoles otherwise. 42
Commissioner Rich clarified that the size of flag itself has to be in compliance within a 43
year, but the flagpole does not. 44
John Roberts said that is correct. He said the pole is subject to the ordinance 45
immediately, but will not have to be removed and replaced unless it comes down by natural act 46
or if it is taken down. 47
Commissioner Rich asked if a compliant flag could be flown on an existing pole, and if 48
the height restriction only applies if a flagpole comes down for some reason and needs 49
replacing. 50
11
John Roberts said yes, that is the way it is written now, but it is subject to the Board’s 1
approval. 2
3
A motion was made by Commissioner McKee, seconded by Commissioner Price to 4
open the public hearing. 5
6
VOTE: UNANIMOUS 7
8
PUBLIC COMMENT: 9
10
Craig Carter thanked the Commissioners for serving on this board, and said his father 11
knew Commissioner McKee. He said he is a great-grandson of a Confederate soldier, and has 12
lost many relatives in past wars. He said the flag is not a racial issue, and the large flag that 13
has been a source of complaints is really a finger to the Board about the siting of the 14
forthcoming detention center. He said he understands both sides of the debate, and he does 15
not care. He said the flag that is flying is not a confederate flag, but a battle flag of Virginia. He 16
said the fire department in his district does not even fly a flag. He said rather than debating flag 17
issues, he would like an ambulance out in the northern part of the County. He said this flag 18
issue will go away, and there are more important things to be focusing on. He said there are a 19
lot of historical houses in downtown Hillsborough, and there are no monuments to the slaves 20
who built much of Orange County. He said it is a waste to be discussing issues like the size of 21
flags. 22
Alva Cravey said a town called Chapel Hill dominates the community, and the local 23
product is a University of North Carolina (UNC) graduate. She said she has worked at UNC for 24
24 years, and UNC is a public constitution, which is struggling with its legacy of elitism. She 25
said the school was built for the white sons of wealthy slave owners, and elitism is the reason 26
that there is a monument to the Confederacy on a pedestal. She said the monument on 27
campus has been a lightning rod for violence, and these mega size Confederate flags are part 28
of the problem. She said the Confederate monument was put up in 1913, as a reminder of the 29
Jim Crow order, and that all should remain in their place. She thanked the Board of County 30
Commissioners for their leadership in considering this ordinance. She said the public roadways 31
should be places that welcome all citizens, and this ordinance supports this. 32
James Ward said he is against this proposed ordinance. He said although the proposed 33
amendment is content neutral, he feels this is a transparent attempt to act against the 160 year 34
old confederate battle flag. He said the issue of giant flags never would have arisen if not for 35
actions and efforts in recent years to ban all things confederate in Orange County. He said 36
signs have been removed from buildings, Confederate items are no longer allowed in the 37
school systems, and there have been persistent attempts to remove the Confederate memorial 38
statue at UNC. He said the charge that these items are threatening is baseless, and the anti-39
confederate movement has engendered a lot of resentment and anger within the community. 40
He said a reaction was predictable. He said Orange County desires to be diverse and 41
welcoming to all types, and he agrees with this sentiment. He said this attitude should be 42
extended to all residents; even those who wish only to honor the legacy and memory of 43
forefathers. He asked the BOCC to deny this proposed amendment. 44
Robert Randall said John Roberts said that Orange County cannot regulate the content 45
of flags, because that content falls under the first amendment right to free speech. He said this 46
whole issue would not be discussed if it were not for the Confederate flag on Highway 70. He 47
says he has no affinity for the Confederate flag, and has no desire to fly one on his own 48
property, but he feels this proposed amendment is limiting of free speech. He said the flag is 49
offensive to some, but being offended should never trump constitutional rights. He asked the 50
12
Board to table this issue, and said Orange County has gotten along fine without this ordinance. 1
He said limiting free speech could cause many more flags to be flown around Orange County in 2
protest. 3
Heather Redding said landownership does not bestow unlimited rights. She said the 2nd 4
amendment does not extend to children or those with criminal records, and one’s right to vote 5
can be taken away. She said the right to free speech is not unlimited in scope. She said the 6
current UDO already limits what can be done on one’s property in regards to signage, and has 7
for years, without complaint or threats of lawsuits. She asked the Board of County 8
Commissioners to approve the proposed amendment. 9
Nan Fulcher said she is from Orange County, and she supports the text amendment. 10
She said the regulation addresses the messages that are on display in the community. She 11
said all messages affect us, regardless of where they are or what they say. She said Orange 12
County has carefully regulated signage over the years, which has resulted in the area being 13
less burdened by the blight of unrestricted, in your face signage that many communities have 14
suffered. She said regulation is balanced by the needs of the economy, the government and 15
the people. She said free speech is not an unconditional right, and this proposed amendment 16
only limits flag size, not content or nature. 17
L.A. Elvin said the dimensions of the property on which he lives will preclude him from 18
flying his flag. He said he spent a few hundred dollars to erect his flagpole, and flies the 19
National colors and the Marine Corps flag. He said he is confused after hearing this evening’s 20
presentation, and does not know if he can continue to fly his flag or not. 21
John Roberts said one of the recommendations is to reduce the setback from 50 feet to 22
20 feet for smaller lots. 23
Commissioner Rich told Mr. Elvin that the County will work with him to solve this issue. 24
Olivia Strong (Ms. Redding read a statement on behalf of Olivia Strong): The 25
Confederate flag on 70 is affecting the community and families. It’s not right to see such large 26
symbols. Large symbols affect the children. 27
Ashley Campbell said she is a Hillsborough resident, and noted that there is an FAQ 28
about this topic on the County website, as if the ordinance has already been approved. She 29
said she agreed with some of the other comments that the progressive communities are trying 30
to destroy the public commemoration of the Confederacy. She said it is clear to all that this 31
ordinance was introduced to limit a particular flag because it is intimidating. She said the 32
Confederate flag is intimidating, and has a terrible legacy behind it, but as a conservative that 33
lives in Orange County, she was intimidated by the letter from Orange County that was sent out 34
after President Trump was elected, implying that conservatives were not welcome in Orange 35
County. She said she could have been intimidated at a Human Relations Commission (HRC) 36
event last summer about the flag issue in the schools. She said the HRC meeting that took 37
place a couple of weeks ago was not well promoted, and it became a progressive activists rally. 38
She reminded the BOCC that its job as elected officials is to protect everyone’s rights. 39
Dylan Mole said he is a UNC student, and supports the proposed text amendment. He 40
said the rebel flags are dangerous distractions to drivers, and massive symbols of white 41
supremacy that have no place in an inclusive community. He said the most prominent party 42
that opposes the regulation of flag sizes is ACTBAC NC, and this organization is responsible for 43
putting the rebel flags in their current location. He said ACTBAC is a Southern Poverty Law 44
Center designated hate group, and its sole purpose is to perpetuate the lost cause mythology of 45
neo-confederate culture, and intimidate people of color. He said these massive flags do just 46
that. 47
Katherine Walker said she was born and bred in Orange County, and her roots run 48
deep. She said she and her family are Americans, and she fully supports the adoption of the 49
ordinance text amendment. She said it clarifies rules, is content neutral, and there is no rational 50
13
reason for delay. She said the Confederate movement has been a growing threat to the 1
American way of life, and the battle flag was not popular at the end of the civil war, but has 2
become a symbol to encourage violence and oppression after the release of the film The Birth 3
of a Nation. She said this is not a fight for heritage, but a fight for human decency. 4
Chuck W illingham said he is a resident of Orange County, and a member of the Hate 5
Free Schools coalition. He said the proposed text amendment is content neutral, and balances 6
free speech and property rights of neighbors. He said the argument of southern pride and 7
freedom of speech ignores race. He said the Confederate flag is used as a hate symbol by 8
white supremacists, and the Confederate leaders supported slavery. He said the harm of 9
slavery continues to affect all aspects of life for African Americans, and people of color. He 10
said America will not be great until race is no longer a predictor of outcomes. He thanked the 11
Board for updating the Unified Development Ordinance. 12
Kathy Arab said the County does not need uniformity of flags, and diversity and 13
individualism are hallmarks of this nation and County. She said erasing history, tearing down 14
statues, and removing flags will not help to avoid the mistakes of the past. She said she would 15
never display a Confederate flag, and much of southern history is shameful, but society has 16
overcome the sins of the past, yet is not receiving credit for it. She said modern day white 17
supremacists are in the minority, and it is completely unfair to law abiding, fair minded citizens 18
to be punished because of a few white supremacists. She said personal property is indeed 19
protected by the constitution, as is freedom of expression. She said flags are decorative, and 20
the government has no business poking around or photographing decorations in one’s home, or 21
on one’s property. She said flags are an expression of free speech, and personal style is not to 22
be restricted unless one lives in a neighborhood with guidelines created by the residents of said 23
neighborhood, to which all residents have agreed to abide through conversation and 24
consensus. She said when they purchased their home over twenty years ago, the home came 25
with a two-story flagpole cemented into the ground. She does not want to have to remove this, 26
and the only flag she has ever flown from it is the stars and stripes. She said she does not see 27
why the Commissioners care about regulating the height of her flagpole should an act of nature 28
knock it down, and it need replacing. She said it sounds like the only reason the 29
Commissioners are acting is because someone could not handle what someone else was doing 30
on their own private property. She said she may not like it either, but it is not her property. She 31
said the Commissioners have more important things to be working on than this issue. She 32
recommended a fourth option be added to the recommendation: table this tedious, 33
cumbersome, ridiculous, and unnecessary proposal. She said this proposed amendment is a 34
slippery slope, which will chip away at the constitution. She said if free speech is not unlimited, 35
then the stars and stripes should not be allowed to be burned, which it is frequently. She said 36
government overreach is more harmful than a painted piece of fabric hanging around. 37
David Carpenter said laws in general are usually blunt instruments, and are crafted in 38
response to specific situations, and represent an attempt to resolve a problem or provide for 39
particular needs. He said even in best case scenarios laws do not always work in the ways they 40
were intended. He said the regulations being considered today are an attempt to address the 41
problem of some people’s responses to seeing a Confederate flag. He said this is not an 42
attempt to address a widespread existing problem with giant flags flying from towering flagpoles 43
right at the borders of people’s property. He said this is an attempt to address the problem in a 44
roundabout way, as the County cannot regulate flag content. He said in the past flags have 45
been exempt from County legislation governing signs on private property, and it is not difficult to 46
see why this has been the case. He said flying flags has been a tradition throughout the 47
nation’s history, and is a form of expression protected by the first amendment’s protection of 48
free speech. He said even burning the national flag on public property is protected, so surely 49
flying one on private property should be uncontroversial. He said the proposed amendment is 50
14
not a blunt instrument, but rather is the wrong instrument, and likely to do as much harm as 1
good. 2
Billy Holloway said he lives across the road where the large flag flies now. He said the 3
residents live on private property, and went through the appropriate channels to site this flag, 4
and now the Board is trying to change the rules in order to suit other people who live nowhere 5
near this flag. He said people do not have to travel this way if this flag offends them. He said 6
the County has purchased property adjacent to his, and has made a commitment to working 7
with him through the development of the property. He said he is concerned that he is unable to 8
trust the County at its word, because if it can up and change the rules any time it pleases, the 9
County may do the same to him. He said everyone has the right to do as one pleases on one’s 10
own land, but the County appears to be judging people for their choices. 11
Ken Rothrock said he has practiced law for over 37 years in Orange County, and he 12
said the constitution sets out specifically what governments can do. He said if the government 13
moves to infringe on any right, one should ask why. He said the abstract refers to the need for 14
uniformity of size and number of flags on one’s property. He said he wonders why it is 15
important to ensure uniformity, when Orange County is such a diverse community. He said it 16
makes no sense for the County to seek such uniformity. He said Michael Harvey reported that 17
staff chose for only three flags to be permitted because staff did not have enough time to think 18
any further through the issue. He said if staff has not had enough time to think, then the 19
process should pause. He said this proposed amendment seems to violate the equal protection 20
clause a little bit in how it treats citizens. He said if one has a big home, one can enjoy a much 21
bigger flag, but one with a small home is not afforded the same opportunity. He said this is 22
allowing wealth to determine one’s expression. He asked if the Board would seriously consider 23
why it wants to amend the UDO. 24
Waddy Davis said he is from Chapel Hill, and is a combat veteran of Vietnam. He said if 25
one can burn a flag if a public place, then one should be able to fly a flag of one’s choice and 26
size. He said if the BOCC legislates the size of the flag on the personal property, he wonders 27
what it will legislate next. He thanked the BOCC for its service, and urged the Board not to 28
adopt this amendment. 29
Angelique Lawyer said she is a retired Army nurse, and had a visceral reaction when 30
she learned of this agenda topic. She said she has observed multiple large confederate flags in 31
the County, and the Confederate flag means something different to an African American than to 32
a white person. She said whites largely see it as a symbol of southern heritage, while African 33
Americans largely see it as a hateful racial affront. She is in favor of the proposed amendment. 34
William Carrington said he is a native of North Carolina, and is a Civil W ar historian, an 35
expert on flags, and an author. He said there is as much misunderstanding and confusion out 36
there, as there is accurate information. He said the constitution is often misquoted, all the way 37
up to the U. S. Senate. He said he has not see the flag on Highway 70, but said it is the Army 38
of Northern Virginia pattern battle flag, which is not the flag used by the Ku Klux Klan. He said 39
this flag was a piece of military hardware, which came about after some duration of the civil 40
war, when a flag was needed that did not look like the flag of the United States. He said he is 41
offering his expertise to anyone that is interested in discussing some real history on flags. He 42
said he is not taking a side, and he understands both sides of the issue. He said he believes 43
that Confederate memorabilia belongs in museums. 44
Latarndra Sky read a quote from the Mayor of New Orleans: “They are not innocent 45
remembrance of benign history. These monuments celebrate a fictional, sanitized confederacy 46
ignoring the deaths, ignoring the enslavement, ignoring the terror that it actually stands for”. 47
She said she was proud of the courageous act of the Mayor, because it was action taken in the 48
absence of crisis. She said she has had to talk with children who question if they are hated, or 49
do not belong here. She said when someone who has never experienced those feelings makes 50
15
light of them, she is sickened. She said she is in support of this proposed amendment, and to 1
continue the community conversations. She said the intention of the Confederate flag is to 2
incite fear, and one should never be afraid in one’s own community. 3
Hannah Skjellum said she is in support of this ordinance. 4
Adam Beeman, Planning Board, referred to Commissioner Prices’ question about only 3 5
flags being permitted per flagpole. He said for him it is a question of safety, and the ratio of the 6
flags to the pole is specific, so that the pole does not come down in the wind. He said his 7
concern is the non-certified flagpole, which can fall down and cause significant damage to 8
anyone in the area. He said those with smaller lots could have their flagpole reduced to a size 9
that is proportionate to the lot size, and flagpoles should be placed back far enough so that if 10
one does fall, it does not fall onto someone else’s property. 11
12
A motion was made by Commissioner Price, seconded by Commissioner Burroughs for 13
the Board to close the public hearing. 14
15
VOTE: UNANIMOUS 16
17
Commissioner Burroughs said the current regulations are unclear, and the County has 18
the authority to adopt clear standards to ensure safety, and protect local skylines. She said 19
other local governments have acted similarly, and she supports this content neutral 20
amendment. She supports reducing the setback to 20 feet, and she would be amenable to two 21
heights for residential and business flagpoles. 22
Commissioner McKee said he does not have any particular concerns, and he would 23
approve the tweaking of the setbacks and the heights. He said this is a legislative item, and 24
legislative public hearings allow for comments at a later date, and if a decision is made tonight, 25
no further comments can be made. He suggested delaying action until June 19th, which would 26
allow for additional comments. 27
Commissioner Marcoplos said Confederate flags are abhorrent racist statements, and 28
he does not take the free speech and content neutral aspect of this lightly. He said the Board 29
owes it to the community to figure this out, as it unacceptable to have members of the 30
community feel threatened by the aggressive statements these flags are making. He said this 31
came to the Board because of the size of Confederate flag, but any flag of that size would likely 32
have attracted the attention of the Board. He said this proposed amendment is a simple 33
courtesy, such as a noise ordinance, and it does not take away anyone’s freedom of 34
expression. He said a noise ordinance does not prohibit music, but regulates the volume with 35
which is can be played, while remaining a considerate neighbor. He said this issue is no 36
different, and it is a question of volume and imposition, not restriction of free speech. He said 37
this is a good ordinance that addresses a range of issues 38
Commissioner Marcoplos said this issue points to a great failure of the educational 39
system to teach the real history of racism, and its ongoing impact on society. 40
Commissioner Jacobs said he was initially skeptical about changing the ordinance, and 41
he is more comfortable with the idea that the Board is attempting to do something that is value 42
neutral. He said Mr. Carrington’s remarks were good ones to follow up on, and he took offense 43
to the recent HRC community meeting being called a “progressive activists rally”. He said more 44
conversations like tonight are necessary. He said many intelligent comments were made this 45
evening, and it would be beneficial to invite Mr. Carrington the next time a community 46
conversation occurs, to provide information about flags and flag history. 47
Commissioner Jacobs said the Board once dealt with the issue of preventing hunting 48
deer with dogs, as people were allowing dogs to trespass on properties. He said it seemed like 49
16
a straightforward property rights issue, but the state legislature would not let the Board discuss 1
it, and he said people have different opinions about property rights. 2
Commissioner Jacobs said the Board is trying to make changes to regulate the effects 3
on other people, and it is not an attack on the flag itself, but rather the size of the flag. 4
Commissioner Jacobs said he would welcome further discussion regarding flags, and 5
their uses in the 1860s versus the 1960s. 6
Commissioner Price thanked the residents for coming out to speak, and said, in general, 7
the people have expressed her sentiments. 8
Commissioner Rich thanked all for coming out, and she said the number one job of the 9
Board of County Commissioners is to keep residents safe. She said the Board owes the public 10
a decision tonight, and this is a part of the UDO, which is living document. She said she is in 11
favor of the amendment 4 and 7. She said if Chair Dorosin were present, he would say this is 12
government in action. 13
Commissioner McKee said he disagreed with making an immediate decision, and this 14
Board is known for trying to gather all information, and allowing for exhaustive discussion 15
before decisions are made 16
17
A motion was made by Commissioner McKee to defer the decision to June 19th to allow 18
for additional comments from the public that might be generated by the public comments made 19
this evening. 20
21
No Second. 22
Motion fails. 23
24
Commissioner Jacobs said someone expressed concern about the height of the flagpole 25
versus the setback, and whether the flagpole could be moved so close as to land on someone 26
else’s property. He asked if staff discussed this, and if this is worth revisiting. 27
Michael Harvey said staff did discuss this, and staff has been as equitable as possible. 28
He reminded the BOCC that flagpoles erected on non-residential property would have to get 29
appropriate building permits in order to guarantee wind load. He said flagpoles on residential 30
property do not necessarily have to get a building permit. He said staff has come up with a 31
reasonable standard, which was presented to the Planning Board. He said there was concern 32
about smaller lots, and as such, the County Attorney has offered a modification to address 33
smaller lots, as well as eliminate contradictory height limits for poles. He said ultimately the 34
Board will provide direction to staff as to how this amendment package will go. 35
Commissioner Marcoplos referred to attachment 4 including attachment 7, and asked if 36
this has the one year amortization. 37
John Roberts said both have a one-year amortization for flags. 38
Commissioner Marcoplos asked if this exempts schools, fire departments, and County 39
buildings. 40
John Roberts said no. 41
Michael Harvey said neither ordinance proposal would exempt any land use activity, and 42
it is based on zoning. 43
Commissioner Marcoplos said this could potentially cost schools and fire departments 44
money in order to bring flags into compliance. 45
Michael Harvey said at some at some point anyone with a non-compliant flag will have 46
to bring it into compliance, regardless of who that person/business/school, etc. is. 47
Commissioner Marcoplos asked if consistent height is part of this. 48
John Roberts said yes, and this is recommended in attachment 7. 49
17
Commissioner Marcoplos said he would be in favor of a future UDO conversation about 1
exempting the schools, fire departments, and other government agencies in that realm. 2
Commissioner Price asked if the Towns have similar ordinances on the flags, and, if not, 3
will the County ask the Towns to create such an ordinance, since many schools are within Town 4
limits. 5
Michael Harvey said Towns can choose to regulate this issue or not, consistent with 6
their enabling authority. He said there are communities within Orange County that have 7
standards governing the erection of flags. He said this ordinance is modeled on certain 8
provisions from Durham, in terms of size and height limits. 9
Michael Harvey said Chapel Hill and Hillsborough exempt the American flag and the 10
State flag, and both have some requirements. He said Orange County adopting an ordinance 11
does not require a town to do the same. He said the only issue the Towns have to assess is 12
whether any ordinance the Towns have is content neutral, which is between the Town officials, 13
its Planning Board and Attorneys. 14
Commissioner Price said many people who spoke tonight live within the Towns, and she 15
would hope that there would be similar ordinances throughout the County at some point. 16
Michael Harvey said Orange County issues are unique, and may not be experienced by 17
the Towns and vice versa. 18
Commissioner Price asked if this will impact schools that are located within the 19
municipalities. 20
Michael Harvey said those schools would have to abide by any applicable municipal 21
ordinance. 22
Commissioner Jacobs asked if it is clear in the ordinance that the Board is talking about 23
a maximum height. 24
Michael Harvey said yes, and the maximum height would be 24 feet in a residential 25
district, and 54 feet in a non-residential district. 26
Commissioner Jacobs said the pole can be up to 24 feet, but not limited to 24 feet. 27
Michael Harvey said it can be no higher than 24 feet, and this specific language can be 28
found on page 19, point #2. 29
Commissioner McKee said he understood Commissioner Marcoplos’ concern about the 30
impact on the County, schools and fire departments, but he would strongly oppose exempting 31
the County from regulations it is putting on everyone else. 32
33
A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs 34
for the Board to adopt the proposed amendments by approving the Statement of Consistency, 35
as contained in Attachment 3. 36
37
VOTE: UNANIMOUS 38
39
A motion was made by Commissioner Marcoplos, seconded by Commissioner Jacobs to 40
adopt the County’s Attorney’s May 10, 2018 Proposed UDO Text Amendments as contained in 41
Attachment 7. 42
43
VOTE: UNANIMOUS 44
45
Commissioner Jacobs said he would like for the County to have more community 46
conversations and to ask the HRC to work on having another community conversation on the 47
issue of different flags, and how they affect people. 48
Bonnie Hammersley said she would talk with the HRC. 49
50
18
6. Regular Agenda 1
NONE 2
3
7. Reports 4
NONE 5
6
12. Information Items 7
• May 1, 2018 BOCC Meeting Follow-up Actions List 8
9
13. Closed Session 10
NONE 11
12
14. Adjournment 13
14
A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs 15
to adjourn the meeting at 9:09 p.m. 16
17
VOTE: UNANIMOUS 18
19
Penny Rich, Vice-Chair 20
21
22
Donna Baker 23
Clerk to the Board 24