HomeMy WebLinkAboutMinutes 06-19-20181
APPROVED 9/4/2018
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
June 19, 2018
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, June 19, 2018
at 7 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Mark Dorosin and Commissioners Mia
Burroughs, Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT: None
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
appropriately below)
Chair Dorosin called the meeting to order at 7:04 p.m.
1. Additions or Changes to the Agenda
Chair Dorosin noted the following items at the Commissioners’ places:
- Map for Item 6-e
- Salmon sheet for Item 8-d: Proposed Revisions to Public Charge Item
- Light blue sheet for Item11-f: “Information only”- for OWASA Appointment
- Handout of upcoming events from Orange County Transit and Housing
Chair Dorosin suggested moving up 11d. Animal Services Advisory Board –
Appointments to Item 4-g, due to Bob Marotto being in attendance.
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to move
up item 11-d to item 4-g.
VOTE: UNANIMOUS
Chair Dorosin distributed the draft resolution below:
Add resolution for consideration- A RESOLUTION OPPOSING THE PASSAGE OF SENATE
BILL 75 AND THE AMENDMENT OF THE NORTH CAROLINA CONSTITUTION TO PROVIDE
THAT THE MAXIMUM TAX RATE ON INCOMES CANNOT EXCEED FIVE AND ONE-HALF
PERCENT.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to add
this item as 4-h.
VOTE: UNANIMOUS
PUBLIC CHARGE
Arts Moment
Anita Mills, Arts Commission, presented the artist below:
2
Ross White is the author of two chapbooks, How We Came Upon the Colony (Unicorn
Press, 2014) and The Polite Society (Unicorn Press, 2017). His poems have appeared in
American Poetry Review, New England Review, Poetry Daily, Tin House, and The Southern
Review, among others. His manuscript in progress, Guilt Ledger, was selected by Edward
Hirsch to receive the 2016 Larry Levis Post-Graduate Stipend from Warren Wilson College. He
teaches creative writing at the University of North Carolina at Chapel Hill. Follow him on Twitter:
@rosswhite.
Ross White read a poem called “Taking It”.
2. Public Comments
a. Matters not on the Printed Agenda
Elise Alexander read the following comments:
Good Evening Commissioners. Thank you for all of your diligent work for the benefit of
Orange County residents.
My name is Elise Alexander, and I have been a resident of Orange County for over 25
years. My home adjoins the Keith Arboretum. Tonight I put into record a critical issue for
the responsible use of the arboretum: the apparent misuse of the existing septic system.
Currently, according to Orange County records, the Keith Home septic system is
approved for a residence with three bedrooms, not for large groups. It is our
understanding after speaking to an Orange County Environmental Health representative,
that septic system permits are approved in accordance with the number of people using
the system.
According to current Air B&B advertisement for the Keith Home, there are now four
bedrooms, not three as the septic permit allows, and an additional bathroom has possibly
been added. According to advertisements ROMR and East West Organics, as of 10am
this morning, are still accepting requests for weddings/corporate events/family reunions
and party events that can exceed 100 persons. They have built a deck onto the house
that they specify will seat 100 people. Representatives who book Keith Arboretum state
that indoor bathrooms are available during large events only by renting the Keith Home.
The system of the home is approved for residential three bedroom use only not
commercial groups of over 100. There would be no way to monitor excessive use of in
home facilities.
There are also no bathroom facilities in place for large camping groups. Photos on the
Internet show multiple tents on the property adjacent to the Keith home. If the home
bathrooms are not being used, are the large groups of campers permitted to openly use
surrounding lands for elimination purposes. What is the impact on the arboretum itself if
large groups are permitted open elimination? Please note that this property is in the
University Lake Watershed that provides water to residents.
Thank you for your time.
Marilee McTigue read the following comments:
Good evening. I’m Marilee McTigue and I live on Pickard Mountain near the Keith Arboretum. I
realize that this is the last BOCC meeting before the summer break and you have a packed
agenda, so I will try and keep my comments brief.
3
The community around the Keith Arboretum remains very concerned about the commercial
activities in the property and we have presented the BOCC with much information about these
activities over the last 2 months. Weddings, corporate events and large parties continue to be
marketed and planned as evidenced by the East West Organics website materials (as of 6/18)
attached (including a description of seating for 100 on a veranda that was built without a
permit). Airbnb bookings for a 4bedroom dwelling continue, as do charging standard fees for
public access to the property via ROMR. Environmental health issues related to bathroom
access during events and ROMR activities are also a concern as discussed by the previous
speaker.
Back in 2006, the BOCC took specific steps that committed Orange County to a conservation
easement in the Keith Arboretum property. You agreed to, and signed, a “contract” that defined
the terms of the easement. You committed Federal, State, and local taxpayer dollars to acquire
the easement, extinguish developmental rights and prohibit commercial activities. This funding
included the cost of an appraisal, which allowed the owner of the land to take a Federal tax
deduction and a State tax credit. And, most importantly, you agreed, “to preserve and protect
the conservation values of the Easement Are and enforce the terms of this Conservation
Easement” in perpetuity.
So what’s different now? Well….a transition is taking place and properties with conservation
easements are now changing hands and development is moving out into the rural part of the
County. The role of the Lands Legacy Program must change is response to these new
circumstances and it will require more time and effort placed on the enforcement of the
conservation easement terms and values. We all know that weak interpretation of the
easement terms, lax enforcement, and “looking the other way” when violations occur will only
set precedents that will make it harder to protect the conservation values of these properties
over time.
So where do we go from here? We believe that the BOCC needs to take additional steps to
insure that land with Orange County conservation easements is protected into the future. We
ask that you “double down” on your commitment to the protection of these lands by (1)
developing a strong policy statement that articulates your commitment or the strict enforcement
of conservation easements held by Orange County, (2) commissioning a working team of BOCC
members to review and recommend enforcement actions for the Keith Arboretum, and (3)
instructing the County Attorney, County Manager, and staff to conservatively read, proactively
monitor, and strictly enforce the terms of all conservation easement held by the County
(including the use of litigation).
I’d like to close by letting you know that we are a very active and committed group of community
members who have grown up around the Keith Arboretum, raised families here, and been
stewards of this land for decades. We are tenacious and do not shy away from challenges. We
will continue to monitor, investigate, report issues, and advocate strict enforcement of all
conservation easements. It is our goal to protect the conservation value of this area…and we
will continue towards the attainment of that goal for decades to come.
We hope you enjoy the summer break, and we will continue to send you updates via email
during this time. We’ll see you again in the fall.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda
below.)
4
3. Announcements, Petitions and Comments by Board Members
Commissioner Price said there were 3-4 gentlemen visiting various local areas from the
Netherlands. She said they visited because Orange County was named after one of their folks.
She said she and Commissioner Rich were able to expel some negativity that surrounds North
Carolina.
Commissioner Price said that today is Juneteenth, which marks the day that slaves in
Texas were informed of their freedom after the civil war. She said this is a day of celebration,
yet there are still vestiges of slavery in America, and there is human trafficking here and across
the world. She said there is still so much work to be done.
Commissioner Jacobs said he attended a Direct Care Worker event called “Sharp”. He
said it was for those who work with seniors, and was an uplifting event highlighting those who
are so often overlooked. He said the County should be proud of the Department on Aging for
hosting this event for four years.
Commissioner Jacobs said the dedication of the Nick Waters Emergency Services
Building took place last Friday. He said Mr. Waters served as the EMS director for 15 years; he
was an inspiration then, and he continues to be so today.
Commissioner Jacobs attended a meeting about the Chapel Hill Bus Rapid Transit
(BRT), and he has copies of the PowerPoint that was handed out. He said the consultant is
recommending that the BRT not run to Durham Tech and UNC Hospital; and not run the BRT in
the middle of MLK Boulevard. He said 30% of the engineering has been completed, and public
information sessions will start at the end of June, and throughout the summer. He said it is
slated for approval in late 2019.
Commissioner Jacobs said the Visitors Bureau has a beautiful guide to Orange County,
which is also available on the University of North Carolina (UNC) website.
Commissioner Jacobs said the Board needs to have a discussion about the Article 46
sales tax, and how economic development works with this. He said this should ideally happen
before the September meeting with Mebane, or, if not, shortly thereafter.
Commissioner Jacobs asked David Hunt to put up a picture of a child at the border, and
he applauded the Governor for recalling the three N.C. national guardsmen from the border.
Commissioner Marcoplos said the Government of Maryland has done the same.
Commissioner Marcoplos said there is a Hillsborough Amtrak station in the County’s
future, as a part of the transit plan. He said this had been stalled for a while, but the plan is
back on track and construction should start in 2019.
Commissioner Rich said BRT means Bus Rapid Transit.
Commissioner Rich said she would like to see the Solid Waste Advisory Group (SWAG)
and the Commissioner for the Environment (CfE) get together to talk about recycling, since it is
changing going forward.
Commissioner Rich said on June 6th she received a call from a friend coming home from
rehab with stage 4 breast cancer, and she called the Chapel Hill Planning Department, on her
behalf, requesting that the permitting fees for a new ramp be waived. She said through the
community efforts of many, in both Chapel Hill and Orange County, such as Archie Daniels etc.,
this ramp was built.
Commissioner McKee said he is inclined to ask the Attorney and the inspections
department to look at the allegations regarding the Keith Arboretum immediately, to find out if
they are true or not.
Commissioner McKee said he worked a project that is adjacent to Chapel Hill High, and
he said the work on the school this summer has been remarkable.
Commissioner McKee said the Board received an email from a concerned neighbor of
the Hillsborough Economic Development District (EDD) in Hillsborough. He said he contacted
this person and listened to his concerns, and the rest of the Board is invited to do the same.
Commissioner Burroughs said the Family Success Alliance (FSA) applied to the Kenan
Charitable Trust and received $300,000 over three years, which is a huge win.
5
Chair Dorosin echoed Commissioner McKee’s request about the Keith Arboretum
issues, and also requested an update on what Orange County has already done, and what are
the enforcement steps that may or may not need to be taken.
Chair Dorosin clarified that Commissioner Jacobs reported that the BRT is not
recommended to go to Durham Tech.
Commissioner Jacobs said that is correct. He said he voiced that Durham Tech and the
hospital have expansion plans, and the numbers being used for projections are from 2013. He
said the current projection was 50 additional riders, as the cost of $500,000 and thus it was not
recommended. He said the numbers will change as some of these projects come on line.
Chair Dorosin said to make sure the most current numbers are being used, and that
Durham Tech is a part of the conversation.
A motion was made by Commissioner Price, seconded by Commissioner Rich to add the
OWASA appointment as 4-i, since there is someone from the public that has signed up to speak
on this item.
VOTE: UNANIMOUS
4. Proclamations/ Resolutions/ Special Presentations
a. Proclamation Recognizing the Chapel Hill High School Women’s Soccer Team
Winning the 2018 State Championship
The Board considered voting to approve a proclamation recognizing the Chapel Hill High
School Women’s Soccer Team for winning the 2018 State Championship and authorizing the
Chair to sign.
Commissioner Marcoplos read the Proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION OF RECOGNITION ON
CHAPEL HILL HIGH SCHOOL WOMEN’S SOCCER TEAM
WINNING THE 2018 STATE CHAMPIONSHIP
WHEREAS, on May 26, 2018, the Chapel Hill High School Women’s Soccer Team won the
North Carolina High School Athletic Association’s 3A State Championship with
a hard-fought 1-0 victory over Cox Mill High School; and
WHEREAS, the team completed its season with a 19-1-1 record, allowing only two goals all
season; and
WHEREAS, under the guidance of Coach Jason Curtis, the team won its second state
championship, along with the 2014 title; and
WHEREAS, through hard work, dedication, teamwork, and commitment, the team brought
honor upon themselves, Chapel Hill High School, the Chapel Hill/Carrboro City
Schools District and Orange County;
NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners
expresses its sincere appreciation and respect for the Chapel Hill High School
Women’s Soccer Team and Coach Curtis for their outstanding achievement,
and their inspiration to youth across North Carolina through their dedication,
teamwork, and athletic prowess.
6
This the 19th day of June 2018.
A motion was made by Commissioner Marcoplos, seconded by Commissioner McKee to
approve the proclamation recognizing the Chapel Hill High School Women’s Soccer Team for
winning the 2018 State Championship, and authorize the Chair to sign the proclamation on
behalf of the Board.
VOTE: UNANIMOUS
b. Proclamation Recognizing the Carrboro High School Men’s Tennis Team for
Winning the 2018 State Championship
The Board considered voting to approve a proclamation recognizing the Carrboro High
School Men’s Tennis Team for winning the 2018 State Championship, and authorizing the Chair
to sign.
Todd McGee, Community Relations Director, said this team has the second highest
GPA of any team in North Carolina.
Commissioner Burroughs read the proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION OF RECOGNITION ON
CARRBORO HIGH SCHOOL MEN’S TENNIS TEAM
WINNING THE 2018 STATE CHAMPIONSHIP
WHEREAS, on May 19, 2018, the Carrboro High School Men’s Tennis Team won the North
Carolina High School Athletic Association’s 2A State Championship with a 5-2
victory over Brevard High School; and
WHEREAS, the team completed its season with a 16-2 record; and
WHEREAS, the doubles team of Zach Anderson and Andre Javen also won the 2A state
championship in the individual competition; and
WHEREAS, under the guidance of Coach Jon Noyes, the team won its third state championship
in the past five years, along with the 2014 and 2015 championships; and
WHEREAS, through hard work, dedication, teamwork, and commitment, the team brought
honor upon themselves, Carrboro High School, the Chapel Hill/Carrboro City
Schools District and Orange County;
NOW, THEREFORE, be it proclaimed that the Orange County Board of Commissioners
expresses its sincere appreciation and respect for the Carrboro High School
Men’s Tennis Team and Coach Noyes for their outstanding achievement, and
their inspiration to youth across North Carolina through their dedication,
teamwork, and athletic prowess.
This the 19th day of June 2018.
7
A motion was made by Commissioner Burroughs, seconded by Commissioner Rich for
the Board approve the attached proclamation recognizing the Carrboro High School Men’s
Tennis Team for winning the 2018 State Championship, and authorize the Chair to sign the
proclamation on behalf of the Board.
VOTE: UNANIMOUS
c. Recognition of Community Heroes
The Board considered commending recent lifesaving actions by Orange County
residents with recognition and with the presentation of certificates to those who provided
assistance.
Kim Woodard, EMS Operations Manager, reviewed the information below:
BACKGROUND:
Two recent incidents that could have ended in tragedy in Orange County instead had much
happier endings, thanks to quick reactions by Orange County residents
On May 19th two Chapel Hill residents likely saved a young girl from drowning when they
responded to a call for help. Savannah Jastram and Norman Picard saw two young girls in the
University Garden Apartments pool on Pritchard Avenue Extension around 9:15 p.m. on
Saturday, May 19, 2018. The pool had not yet opened for the season. Picard heard someone
shout: “Help, I can’t breathe!”
Jastram and Picard ran to the pool and scaled the fence. Picard jumped into the pool and
retrieved the young girl while Jastram dialed 911. The girl was unconscious and not breathing.
Jastram administered CPR until the girl regained consciousness and began breathing on her
own.
The Chapel Hill Police and Fire departments and Orange County Emergency Services
responded to the scene within minutes, and the young girl was transported to UNC Hospitals
where she was treated and made a full recovery.
On Saturday, May 12, 2018, the Tyson family was enjoying an afternoon at the Churton Grove
community pool. The youngest member of the family, Parker, 4, was found unresponsive in the
pool. His father, David Tyson, reacted immediately and pulled Parker out of the water. Dr. Anita
Skariah, a local physician, was on the scene and rushed to provide assistance. Gabe Walker,
an Orange High School student with CPR training, also started assisting. Dr. Skariah confirmed
the Parker was not breathing and did not have a pulse. CPR was initiated and the child became
responsive after two and a half minutes.
Fire and EMS resources were on scene quickly and assumed care of Parker. Parker was then
transported to the hospital and has since made a full recovery. This full recovery was possible
because every link in the chain of survival was in place.
Parker’s parents requested that Dr. Skariah, Gabe Walker, and the public safety providers who
provided lifesaving care should be publically recognized. The Tyson family is unavailable for this
meeting due to a previously planned vacation, but did provide a recorded thank you video that
will be shared at the meeting.
Telecommunicators who processed the 911 call, the Orange Rural Fire Fighters and the Orange
County EMS providers who responded on May 12th have all been invited to the meeting.
8
Both of these incidents could have ended up in tragedy were it not for the quick thinking and
selfless responses of these Orange County residents. Orange County Emergency Services
joins with the Board to present certificates to all the residents involved in both events
proclaiming each of them as a “Community Hero”.
A brief video was presented.
Dr. Anita Skariah presented some of her reflections on this event.
Chair Dorosin presented certificates and challenge coins to the first responders and
Community Heroes.
The Board joined with Orange County Emergency Services to present certificates to all
the residents involved in helping with both events, proclaiming each of them as a “Community
Hero”, and recognized their quick actions and the assistance of the public safety professionals,
all which led to two life-saving outcomes.
Commissioner Marcoplos said this is an opportunity to spread the word about the
opportunities to lean CPR.
d. Emergency Services EMS Initiative to Promote Community Well-Being
The Board received information on several Emergency Medical Services initiatives and
activities to promote community well-being.
BACKGROUND:
Emergency Medical Services (EMS) has been preparing for several months to launch several
initiatives that focus on critical issues in the community and to foster collaboration with EMS’s
partners to enhance the development of EMS as a coordinated system of care.
1. Freedom House Alternative Destination Transport
This initiative allows ambulances to evaluate behavioral crisis patients and ensure that the most
appropriate facility is utilized. EMS has worked closely with the Freedom House, Cardinal
Innovations and the State Office of EMS to develop alternative destination protocols that have
been approved. The target date to begin these transports is August 13, 2018.
2. Naloxone Distribution and Clean Needle Exchange
Beginning July 1, 2018, paramedics responding to opioid overdoses will be able to provide
naloxone to patients who refuse transport to the hospital. Utilizing a State Office of EMS
sponsored protocol; paramedics will leave naloxone with the patient, family or friends. Patients
may also request clean needles aiding in the prevention against spreading blood borne
diseases through the use of shared and/or dirty needles. Paramedics will also provide literature
from the Sheriff’s Office and the Health Department.
3. Coordinated Opioid Overdose Reduction Effort (COORE)
Paramedics work with the Sheriff’s Office, Criminal Justice Resource Department and the
Health Department to provide follow up services to patients who received naloxone during an
overdose episode. These patients receive education regarding the COORE program as well as
are able to receive additional naloxone, access to clean needles and access to prescription lock
boxes.
4. Do Not Resuscitate (DNR) Bracelet Project
In collaboration with Carol Woods, UNC Hillsborough Hospital and Chapel Hill Fire Department,
EMS is testing the feasibility of the DNR bracelet through a ten (10) person focus group from
Carol Woods. Through drills using the uploaded DNR information, responders have vastly
9
reduced the time and confusion of accessing a patient’s DNR. Implementation for this project
will be fall 2018.
Dr. Grover, Emergency Services (ES) Medical Director and Kim Woodward made the
following PowerPoint presentation:
Orange County EMS Initiatives (PPT in abstract packet – not hand out)
Joseph Grover, MD
Medical Director
Orange County Emergency Services
Behavioral Health
EMS has responded to over 135 behavioral emergencies since January 1, 2018.
Currently the only option for these patients is transport to the Emergency Department
There are often long waits at the ED for psychiatric consultation and even longer waits
for psychiatric admission
EMS has been in communication with the Freedom House and Cardinal Innovations for
a solution
We will closely monitor and evaluate the success of the diversion project
Alternative Destination Protocol to Freedom House
If patient meets protocol and agrees, behavioral and substance abuse patients can be
transported DIRECTLY to Freedom House and bypass ER
This project has taken over a year to implement
Goal to start in August after the last of our supervisors receive necessary training
Freedom House Diversion Protocol
Facility has 23 observational chairs that allow short term evaluation of mental health
crisis and stabilization
Specific inclusion criteria are used to ensure appropriate patients are diverted from the
Emergency Department
The EMS response will include evaluation by a paramedic and approval from the EMS
Supervisor
Mental Health and Substance Abuse Division (flow chart)
Opioid Abuse in Orange County
Naloxone Use in North Carolina
Naloxone was administered 16,037 times by EMS agencies across the State in 2017
This is an 89 % increase since 2011
Naloxone is administered 44 times a day across North Carolina by EMS agencies
Unintended opioid-related overdose rates per 100,000 persons 2010-2016 (map)
Incidence in Orange County
2013 – EMS administered Naloxone 34 times
2017 – EMS administered Naloxone 80 times
2018 – 32 administrations as of 5/31/2018
Law Enforcement Naloxone Initiative in 2015
o 33 reversals (and rising)
10
New Opiate Overdose Protocol
New optional State Protocol we are adopting in July 2018
Provides for a pathway when overdose patients refuse transport
o Clean needle exchange
o Naloxone kit to the patient/bystander/family
o Resources in the area for detoxification and support
Orange County COORE Program
Our part of the program is to provide Naloxone kits and education for patients who
experience a reversal with naloxone
Cooperation between Orange County Sheriff’s Office, Orange County Emergency
Services, the Criminal Justice Department, and the Health Department
DNR Pilot Program (photo)
The bracelet contains a pdf of the original DNR. This is a sample DNR.
DNR Pilot Program
This pilot involves OCES, UNC Hospitals, Carol Woods, and NCOEMS
The state’s first use of an electronic version of Do Not Resuscitate orders
A pdf file of the resident’s DNR is placed on the bracelet
Bracelet stores DNR on a standard USB drive
USB is readable on standard USB port
This pdf is considered a live DNR by the State of NC
Next Steps!
Continued testing
8 information sessions are being scheduled at Carol Woods
Over 100 additional Carol Woods residents have requested access to the DNR bracelet
Several information sessions hosted by our Department on Aging have resulted in
enthusiastic interest in expanding this program Countywide.
Commissioner Burroughs said she appreciated this information and the DNR bracelet, in
particular. She said it is hard to talk about death, but it is important to do so.
Commissioner Price asked if the schools have naloxone.
Kim Woodard said she is unable to answer that, but she can reach out to the schools to
find out this information.
Commissioner Price said students report that drugs are in the schools, and she would
like some more information about this.
Chair Dorosin asked if there is a funding source for the DNR bracelets.
Kim Woodard said UNC Hospital-Hillsborough provided for the pilot program, and she
said EMS has budgeted a small amount to purchase additional bracelets. She said EMS will
reach back out to UNC Hospitals in the next week or so to purchase additional bracelets.
e. Resolution Supporting Net Neutrality
The Board considered voting to approve a resolution calling upon the United States
Congress and President Donald Trump to approve and sign legislation to fully restore Net
Neutrality and authorize the Chair to sign.
Jim Northup, Chief Information Officer, said net neutrality is an important principle that
has guided the Internet for the last 50 years, and he said net neutrality means there is no
throttling of any kind of information across the Internet by any vendor. He said over the past few
years, it has become a hot button item, and in 2015 the FCC wrote into its regulations that
11
Internet service providers would be considered a tier 1 telecommunications company, like
telephone companies, and the companies would have to provide service to residents within the
United States. He said recently the FCC withdrew this, and made Internet service providers a
tier 2 provider, which does not require Internet service to be provided in any way to anyone; it
deregulated Internet service. He said this means that if an Internet service provider wants to
provide its own content to customers prior to other content, it is now allowed to do so, as net
neutrality is no longer in place.
Commissioner Rich said there are not many resolutions of this kind, and she said
broadband should be a utility. She said this is a long resolution, and the Board agreed by
consensus to defer its reading.
ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE
PRESERVATION OF FEDERAL RULES AND POLICIES PROTECTING NET
NEUTRALITY
WHEREAS, Orange County is a hub of high-tech invention and development of
technology companies; and
WHEREAS, Orange County is a critical vertex of the Research Triangle; and
WHEREAS, Orange County is also home to 150,000 residents who rely on the
County to provide essential services such as law enforcement, healthcare, education,
assistance for youth and the elderly, and social services; and
WHEREAS, established County programs, services, and information require
affordable, accessible, and open internet access for the benefit of County residents; and
WHEREAS, the Federal Communications Commission adopted Net Neutrality
rules in its 2015 Report and Order In the Matter of Protecting and Promoting the Open
Internet, WC Docket No. 14-28, to protect consumers from past and future tactics that
threaten the open internet by banning three damaging practices: blocking, throttling, and
paid prioritization; and
WHEREAS, in its 2015 Report and Order, the Federal Communications
Commission reaffirmed its 2010 Transparency rule to ensure that consumers are fully
informed about the internet access they are purchasing; and
WHEREAS, the Federal Communications Commission, through its actions on
December 14, 2017 in WC Docket No. 17-108; eliminated the principle of Net Neutrality;
and
WHEREAS, the preservation of Net Neutrality is necessary for the prosperity of
the Orange County local economy, including but not limited to startup technology
companies, rural businesses, and entrepreneurs; and
WHEREAS, Net Neutrality encourages competition among businesses, fosters
innovation, creates jobs, and promotes economic vitality both within Orange County and
across the nation; and
12
WHEREAS, open internet provides residents the opportunity to search for gainful
employment, participate in free web-based job training programs, and learn new skills
through online education courses; and
WHEREAS, public safety, emergency services, education, and healthcare
services all rely on the availability of broadband internet service free from the plagues of
throttling, blocking, and paid prioritization; and
WHEREAS, Orange County, as a North Carolina local government, adheres to and
champions the principle of transparency, including transparency in the provision of
broadband internet service; and
WHEREAS, the Orange County community is best served, and civic engagement
is enhanced, through the availability of a neutral and open internet; and
WHEREAS, Orange County and its residents depend on the accessibility of
affordable and non-discriminatory broadband internet service to ensure that all residents,
businesses, non-profit organizations, and public agencies have the opportunity to
participate in the governmental process through the use of digital and communications
technology;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of County
Commissioners supports efforts to ensure the restoration, preservation, and defense of
Net Neutrality principles and rules as articulated by the Federal Communications
Commission in its 2015 Report and Order, In the Matter of Protecting and Promoting the
Open Internet, WC Docket No. 14-28; and
BE IT FURTHER RESOLVED that the Orange County Board of County
Commissioners expresses appreciation to the United States Senate for approving
Senator Edward Markey’s bill “A Joint Resolution Providing for Congressional
Disapproval under Chapter 8 of Title 5, United States Code, of the Rule Submitted by the
Federal Communications Commission Relating to "Restoring Internet Freedom" in the
Senate (Senate Joint Resolution 52) on May 16, 2018; and
BE IT FURTHER RESOLVED that the Orange County Board of County
Commissioners expresses support for United States Congressman Mike Doyle’s discharge
petition mandating legislation to save Net Neutrality be put up for a vote in the full House
via House Resolution 873; and
BE IT FURTHER RESOLVED that the Orange County Board of Commissioners
expresses support for United States Congress House Resolution 873; and
BE IT FURTHER RESOLVED that the Orange County Board of County
Commissioners calls upon the United States Congress and President Donald Trump to
approve and sign legislation to fully restore Net Neutrality.
PASSED AND ADOPTED by the Orange County Board of County
Commissioners,
Orange County, North Carolina, on June 19, 2018.
13
A motion was made by Commissioner Rich, seconded by Commissioner Jacobs for the
Board to adopt and authorize the Chair to sign the attached resolution supporting Net
Neutrality, and send to the resolution to the 100 counties in North Carolina, the National
Association of Counties (NACo) Board, the North Carolina General Assembly, and
Washington.
VOTE: UNANIMOUS
f. Distinguished Budget Presentation Award
The Board recognized the budget staff of the Orange County Finance and Administrative
Services Department for earning the Government Finance Officers’ Association (GFOA)
Distinguished Budget Presentation Award for the 2017-18 fiscal year budget document.
Gary Donaldson, Chief Financial Officer, reviewed the information below, and
recognized the budget staff:
BACKGROUND:
GFOA is an internationally recognized organization that offers guidance and support to local
and state government budget and finance professionals throughout the United States and
Canada. The GFOA’s Distinguished Budget Presentation Award is the highest form of
recognition in governmental budgeting and represents a significant achievement by the
organization. Its attainment represents a major achievement by a governmental entity and its
budget team. In order to receive this award, the County’s budget and capital planning
documents must meet stringent program criteria such as policy documents, operations guides,
financial plans, and communications devices.
This year marks the twenty-sixth year that Orange County has received the GFOA
Distinguished Budget Presentation Award. Eligibility standards and expectations for the award
become more stringent and rigorous each year. The County commends the budget staff for their
ability to consistently achieve the high standards required to receive this esteemed award.
Paul Laughton, Finance and Administrative Services, thanked his staff for a job well
done.
The Board recognized the budget staff of the Finance and Administrative Services
Department for the receipt of the GFOA Distinguished Budget Award, and presented the GFOA
plaque to them.
g. Animal Services Advisory Board – Appointments (was 11-d)
The Board considered making appointments to the Animal Services Advisory Board
(ASAB).
Commissioner Jacobs asked if there are specific qualifications that make someone a
good fit for the animal welfare advocacy position.
Bob Marotto said it is a broad background of people who would qualify. He said there
are residents who are animal advocates who work in a variety of settings, and there are also
many residents who are actively involved in improving the welfare of animals, such as animal
rescue.
Chair Dorosin said the Board is going to have a work session in the early fall, where
advisory boards will be discussed and the type of reports that are submitted back to the Board.
He said there will also be discussion about these special types of boards.
14
A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint
the following to the ASAB:
• Appointment to a first full term (Position #3) “Town of Carrboro” representative for Dr.
Evelyn Daniel expiring 06/30/2021.
• Appointment to a first full term (Position #4) “Town of Chapel Hill” representative for
Amanda Schwoerke expiring 06/30/2021.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Price to fill
Position #9- Animal Welfare/Animal Advocacy” with Ms. Hahn.
VOTE: UNANIMOUS
h. Resolution from Chair Dorosin
Chair Dorosin said he has heard from several public school advocates who are
extremely concerned about the proposed Senate Bill 75, which will put a referendum on the
ballot in November to set a maximum state income tax rate at 5.5%, which is lower than the
current level. He said the concern about this cap is that there will be potentially negative
funding impacts across the board, but especially for education, thus putting increased burden
on counties. He said the North Carolina Association of County Commissioners (NCACC) is also
concerned about this possible bill. He said this type of bill has been passed in other states, and
has proven very detrimental to public education funding.
A RESOLUTION OPPOSING THE PASSAGE OF SENATE BILL 75 AND THE AMENDMENT
OF THE NORTH CAROLINA CONSTITUTION TO PROVIDE THAT THE MAXIMUM TAX RATE
ON INCOMES CANNOT EXCEED FIVE AND ONE-HALF PERCENT
WHEREAS, on March 14, 2017, the North Carolina Senate passed Senate Bill 75 and sent it to
the North Carolina House of Representatives; and
WHEREAS, Senate Bill 75, titled “Constitutional Amendment – Maximum Income Tax Rate of
5.5%” would be a referendum added to the 2018 November election to seek change to the state
constitution to cap the income tax rate at 5.5 percent should it pass the NC House; and
WHEREAS, North Carolina’s tax rates are already among the lowest in the nation; and
WHEREAS, the North Carolina legislature passed a state budget for 2018-19 in which total
state spending remains below 2008 pre-recession spending and the approved budget marks 10
consecutive years of declining state public investments as a share of the state’s economy; and
WHEREAS, the North Carolina legislature’s Fiscal Research Division has released budget
projections that show shortfalls in years 2019-2020 to 2021-2022; and
WHEREAS, the state is already underfunding key areas such as public education, roads, and
public health and public safety initiatives; and
WHEREAS, passage of SB75 would promote further declining levels of public investments and
would worsen the state’s ability to address emerging issues at a time when North Carolina is
now the 10th most populous state and our population continues to grow; and
WHEREAS, counties and cities would be affected as the state would be shifting greater
responsibility to local governments for funding things that the state has normally covered; and
WHEREAS, passage of SB75 could lead to increases in taxes paid by everyday North
Carolinians in the form of sales taxes on more goods and services and at higher rates, property
15
tax increases from local governments, excise taxes and fines and fees, in order to fund existing
needs; and
WHEREAS, rating agencies often view constitutional tax and spending limits as risky because
policymakers then have fewer options in how a state can repay its debts, and a permanent
freeze on income rates could risk our AAA bond rating at a time when North Carolina may use
bonds to fund existing infrastructure needs; and
AND WHEREAS, amending the state constitution would tie the hands of all future lawmakers
and prevent evidence-based policymaking and hinder flexibility on state fiscal matters;
NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners urges
voters to oppose this amendment;
AND BE IT FURTHER RESOLVED that the Orange County Board of Commissioners opposes
amending the North Carolina State constitution to provide that the maximum tax rate on
incomes cannot exceed five and one-half percent;
AND BE IT FURTHER RESOLVED that the Orange Board of Commissioners asks the North
Carolina General Assembly to oppose Senate Bill 75.
This the 19th day of June 2018.
A motion was made by Commissioner Price, seconded by Commissioner Marcoplos to
approve this resolution and to send to General Assembly, NCACC and other local government
in Orange County and across the state.
Commissioner Jacobs said to add another “now therefore” that voters oppose this
constitutional amendment; and he suggested calling it the “Wealthiest North Carolinians Tax
Relief Bill”.
Commissioners Price and Marcoplos said they would accept the first suggestion as a
friendly amendment.
VOTE: UNANIMOUS
i. Orange Water & Sewer Authority Board of Directors – Appointment (was 11-f)
The Board considered making an appointment to the Orange Water & Sewer Authority
Board of Directors (OWASA).
PUBLIC COMMENT:
Yinka Ayanhoya said that she is the only African American on this board, and OWASA is
seeking diversity on its board. She said a diversity plan has been in place for a year, and she
said the goals of the plan are difficult to achieve when only gender diversity is considered. She
asked the Board to please keep ethnic and racial diversity in mind when appointing to this
board.
Commissioner Rich said when this item came to agenda review, there were three
women on the applicant roster: one woman deferred due to outside commitments, another
woman wants to stay on the list for now, and the third is Jody Eimers. She said Jody Eimers
has 34 years as a hydrologist with the US Geological Survey, which is valuable experience.
She said Ms. Eimers also attends the Commission for Environment meetings, as she
recognizes the direct correlation between the environment and clean water.
Commissioner Rich said she has served on the OWASA Board herself, and she does
not think a 9-person board should only have one female serving on it. She said the Town of
Chapel Hill has 5 seats on this board, with all five currently being filled by men. She said Pam
Hemminger, Chapel Hill Mayor, said she was disappointed by this, and would prefer more
women to be serving.
16
A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to
appoint for Jody Eimers to the OWASA Board of Directors for an Appointment to a full term
(Position #1) “County BOCC Appointee” with an expiration of 06/30/2021.
Commissioner Price appreciated Ms. Ayanhoya’s comments, and it is important to show
ethnic diversity on boards. She said she would like to nominate Quinton Harper for the position;
noting that he has served previously, and there are several current OWASA Board members
who support his appointment.
Commissioner Marcoplos said he served on the OWASA Board, and there was a
significant learning curve due to the technical nature of the issues. He said Ms. Eimers’
background and experience makes her one of the most qualified candidates ever to be put
forward. He said he too values diversity, but wants to put the best team on the field for the best
policy results. He said he also agrees that having only one woman on the Board is out of
balance.
Commissioner Jacobs said he has also served on the OWASA Board, and when
appointing to boards, he seeks to have ethnic, gender and geographic diversity. He said his
underlying desire is to have the most qualified people appointed to the boards. He said the
appointment to Animal Services earlier this evening was a Hispanic woman. He said women
have been greatly underrepresented over the years, and the appointment of Ms. Eimers would
be a step in the right direction.
Chair Dorosin said he is going to support Quinton Harper, since he has been on the
board before and will not have the same learning curve as other candidates. He said many
applicants have technical experience in related fields, but few have advocacy experience. He
said Quinton Harper does have this experience, and he is also young, which would provide
some age diversity.
VOTE ON MOTION FOR JODY EIMERS: Ayes, 5 (Commissioner Rich, Commissioner Jacobs,
Commissioner McKee, Commissioner Burroughs, Commissioner Marcoplos); Nays, 2
(Commissioner Price and Chair Dorosin)
5. Public Hearings
NONE
6. Regular Agenda
a. Approval of Fiscal Year 2018-19 Budget Ordinance, County Grant Projects, and
County Fee Schedule
The Board considered voting to approve the fiscal year 2018-19 Budget Ordinance,
County Grant Projects, and County Fee Schedule.
Paul Laughton, Finance and Administrative services presented this item, and said there
is a correction on page 44 in the County Fee schedule for kennel permitting fees, and should
read $100, not $50.
BACKGROUND:
At the June 12, 2018 budget work session, the Board of County Commissioners made decisions
regarding the County’s FY2018-19 budget. See the following attachments related to those
decisions:
• Amendment 1, the Resolution of Intent to Adopt the FY2018-19 Orange County Budget
outlines the actions approved by the Board of County Commissioners on June 12, 2018
17
• Attachment 2, FY2018-19 Budget Ordinance, is the legislation implementing the
FY2018-19 Annual Operating Budget for Orange County
• Attachment 3, FY2018-19 County Grant Projects
• Attachment 4, FY2018-19 County Fee Schedule
Resolution of Intent to Adopt the 2018-19 Orange County Budget
The items outlined below summarize decisions that the Board acted upon June 12, 2018 in
approving the FY2018-19 Orange County Annual Operating Budget.
WHEREAS, the Orange County Board of Commissioners has considered the Orange County
FY2018-19 Manager's Recommended Budget; and
WHEREAS, the Commissioners have agreed on certain modifications to the Manager's
Recommended Budget as presented in the FY2018-19 County Manager’s Recommended
Budget on May 1, 2018;
NOW THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners
expresses its intent to adopt the FY2018-19 Orange County Budget Ordinance on Tuesday,
June 19, 2018, based on the following stipulations:
1) Property Tax Rates
a) The ad valorem property tax rate shall be set at 85.04 cents per $100 of assessed
valuation.
b) The Chapel Hill-Carrboro City Schools District Tax shall be set at 20.18 cents per
$100 of assessed valuation.
c) The Fire District and Fire Service District tax rates shall be set at the following rates
(all rates are based on cents per $100 of assessed valuation):
• Cedar Grove 8.10
• Greater Chapel Hill Fire Service District 14.91
• Damascus 10.30
• Efland 6.78
• Eno 9.68
• Little River 5.92
• New Hope 9.94
• Orange Grove 6.81
• Orange Rural 9.15
• South Orange Fire Service District 9.68
• Southern Triangle Fire Service District 10.30
• White Cross 11.37
2) County Employee Pay and Benefits Plan
Provide a County employee pay and benefits plan that includes:
18
a. A wage increase of 2% for all permanent employees hired on or before June 30, 2018,
effective July 1, 2018. The maximum salary of each salary range shall also be
increased to accommodate the wage adjustment, as well as a change in the salary
schedule to recognize $15.00 per hour as the living wage and the minimum salary rate
for any non-temporary employee.
o Employee Performance Awards – three levels, $500 for proficient performance;
$750 for superior performance; or $1,000 for exceptional performance, effective
with employee Work Planning and Performance Review (WPPR) dates from July
1, 2018 to June 30, 2019. Employees will receive the pay award at their
anniversary date, and the performance award will be added to an employee’s
base salary.
b. A Living Wage increase from $13.75/hour to $14.25/hour, for temporary employees,
effective July 1, 2018, consistent with the Orange County Living Wage formula.
c. Continue the $27.50 per pay period County contribution to non-law enforcement
employees’ supplemental retirement accounts and the County matching employees’
contributions up to $63.00 semi-monthly (for a maximum annual County contribution of
$1,512) for all general (non-sworn law enforcement officer) employees, and continue the
mandated Law Enforcement Officer contribution of 5.0% of salary; and continue the
County’s required contribution to the Local Governmental Employees’ Retirement
System (LGERS) for all permanent employees.
d. Participation in the North Carolina Health Insurance Pool (NCHIP), which requires
changing medical and prescription third party administrators to Blue Cross Blue Shield of
North Carolina (BCBSNC) and Prime Therapeutics, a division of BCBSNC, respectively.
No increase in employee premium equivalent for medical coverage or increase in dental
or vision premiums for employees and pre-65 retirees in FY2018-19.
e. Continue the additional eight hours of annual leave to be awarded at an employee’s
anniversary date, prorated for part-time employees.
f. Continue the six-week paid parental leave policy.
g. Discontinue the voluntary furlough program.
3) Modifications to County Manager’s FY2018-19 Recommended Annual Operating
Budget
19
The following modifications to the County Manager's Recommended Budget are made:
Adjustments to the Manager's Recommended FY2018-19 Budget
On June 12, 2018, the Board of County Commissioners approved the following changes to the Manager's
Recommended annual operating budget for the 2018-19 fiscal year. The information below summarizes
changes made by the Board:
Revenues Increase Decrease
Manager's Recommended Revenue Budget
Receipt of a Community Health Grant Award ($145,914) and creation of a 1.0
FTE Time-Limited Community Outreach Specialist position (No General Fund
impact as Grant covers 100% of costs)
145,914
Revenue from the Drug Forfeiture funds 25,000
Increase property tax to 85.04 from 83.77 (280,000)
Total Revenue Changes 170,914$ ($280,000)
Revised Revenue Budget
Expenditures Increase Decrease
Manager's Recommended Expenditure Budget
Reduce OPEB Contribution (205,000)
Provide funds to the social justice fund which can be later considered for Inter-
Faith Council's Capital Campaign alongside the agency capital funding policy' --
--- Reduce OPEB
100,000
Provide funds to Northside Neghborhood initiative to compensate for loss of
from major funding source ---- Reduce OPEB 50,000
Increase the OCS fund balance reserve level from 3.0% to 5.5% ---- No funding
required 0 0
Add $5,000 to the Cooperative Extension appropriation to create two
community gardens ---- Reduce OPEB 5,000
Provide $4,000 to the Orange County Food Council for racial equity study and
implementation ---- Reduce OPEB 4,000
Earmark social justice funds to Increase the Chapel Hill-Carrboro Meals on
Wheels Outside Agency Grant by $2,100 and the Orange Congregations in
Missions Outside Agency Grant by $14,700 to fully fund the request ---- NO
reduction to OPEB
16,800 (16,800)
Earmark social justice funds to Increase the Orange County Rural Alliance
(OCRA) Outside Agency Grant by $5,000 ---- NO reduction OPEB 5,000 (5,000)
Add funds to the Youth Enhancement fund to cover cost of Ligo Dogo ----
Reduce OPEB 3,000
Add funds to cover cost of the electronic monitoring equipment ---- Reduce
OPEB 15,000
Add funds to the Human Rights and Relations appropriation for members of the
HRC to attend Racial Equity Training ---- Reduce OPEB 3,000
Convert a current .50 FTE Jail Cook Position to a 1.0 FTE (additional costs
covered by reducing available temporary personnel funding in department) -----
Reallocate Sheriff's Office Temporary Staffing Funds, $18,063
18,063 (18,063)
Receipt of a Community Health Grant Award ($145,914) and creation of a 1.0
FTE Time-Limited Community Outreach Specialist position (No General Fund
impact as Grant covers 100% of costs)
145,914
Add $25,000 for second year of the Administrative Vehicle Lease Program ----
Reduce OPEB 25,000
Rescue vehicle, trailer, and associate equipment to initiate pilot program to
patrol County parks and trails --- Drug Forfeiture funds 25,000
Reduce contribution to OPEB (280,000)
Total Expenditure Changes $415,777 ($524,863)
Revised Expenditure Budget
$226,864,039
$226,754,953
$226,864,039
226,754,953
20
4) Changes in County Staff Positions (Increase in FTE Approved).
Department Position FTE
County Manager Food Council Coordinator - Time-limited (1)1.000
Criminal Justice Resource Family Treatment Court Case Manager 0.500
Health/Dental Dental Hygienist 1.000
Tax Administration EM Billing & Collections Technician II 1.000
Sheriff Jail Cook (increase 0.5 FTE to 1.0 FTE)0.500
Health Time-Limited Community Outreach Specialist (2) 1.000
5.000
(1) Time-Limited contingent on funding from Municipal partners
(2) Time-Limited based on continual grant funding
Note: All Positions are effective July 1, 2018
GENERAL FUND - APPROVED POSITIONS FOR FY 2018-19
Totals
5) General Fund Appropriations for Local School Districts
The following FY 2018-19 General Fund Appropriations for Chapel Hill-Carrboro City
Schools and Orange County Schools are approved:
a) Current Expense appropriation for local school districts totals $84,957,670 and
equates to a per pupil allocation of $4,165
1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is
$51,591,855.
2) The Current Expense appropriation to the Orange County Schools is
$33,365,815.
b) School Related Debt Service for local school districts totals $17,625,421.
c) Additional net County funding for local school districts totals $6,558,428.
(1) School Resource Officers and School Health Nurses Contracts - Total
appropriation of $3,558,428 to cover the costs of School Resource Officers
in every middle and high school, and a School Health Nurse in every
elementary, middle, and high schools in both school systems.
(2) One-time deferred maintenance funding of $3,000,000 by ADM is allocated
to the school systems by the following: Chapel Hill Carrboro City Schools
appropriation is $1,821,900 and Orange County Schools appropriation is
$1,178,100.
6) County Fee Schedule
To adopt the County Fee Schedule to include changes included in the FY2018-19
Manager’s Recommended Annual Operating Budget and further amended by the Board
of County Commissioners on June 12, 2018.
21
Fiscal Year 2018-19 Budget Ordinance
Orange County, North Carolina
Be it ordained by the Board of Commissioners of Orange County:
Section I. Budget Adoption
There is hereby adopted the following operating budget for Orange County for this fiscal year
beginning July 1, 2018 and ending June 30, 2019, the same being adopted by fund and activity,
within each fund, according to the following summary:
Fund Current
Revenue
Interfund
Transfer
Fund
Balance
Appropriated
Total
Appropriation
General Fund $216,297,254 $1,637,600 $8,820,099 $226,754,953
Emergency Telephone Fund $595,350 $0 $323,795 $919,145
Fire Districts Fund $6,059,874 $0 $0 $6,059,874
Section 8 (Housing) Fund $4,201,264 $264,245 $0 $4,465,509
Community Development
Fund $458,830 $612,526 $6,500 $1,077,856
Efland Sewer Operating Fund $102,250 $0 $54,500 $156,750
Visitors Bureau Fund $1,580,244 $0 $302,517 $1,882,761
School Construction Impact
Fees Fund $0 $0 $1,600,000 $1,600,000
Solid Waste Operations
Enterprise Fund $10,040,421 $0 $0 $10,040,421
Sportsplex Operations
Enterprise Fund $3,884,471 $0 $0 $3,884,471
Community Spay/Neuter Fund $49,300 $0 $19,050 $68,350
Article 46 Sales Tax Fund $3,651,952 $0 $0 $3,651,952
Section II. Appropriations
That for said fiscal year, there is hereby appropriated out the following:
Function Appropriation
General Fund
Community Services $13,159,487
General Government $9,891,337
Public Safety $25,318,777
Human Services $39,202,652
Education $92,246,242
Support Services $13,182,883
Debt Service $29,948,241
Transfers to Other Funds $3,805,334
Total General Fund $226,754,953
Emergency Telephone System Fund
Public Safety $919,145
22
Total Emergency Telephone System Fund $919,145
Fire Districts
Cedar Grove $260,316
Greater Chapel Hill Fire Service District $267,256
Damascus $98,157
Efland $519,934
Eno $798,623
Little River $280,696
New Hope $661,408
Orange Grove $566,139
Orange Rural $1,314,043
South Orange Fire Service District $567,376
Southern Triangle Fire Service District $232,706
White Cross $493,220
Total Fire Districts Fund $6,059,874
Section 8 (Housing) Fund
Human Services $4,465,509
Total Section 8 Fund $4,465,509
Community Development Fund (Housing
Rehabilitation Initiative)
Human Services $257,388
Total Community Development Fund (Housing
Rehabilitation Initiative) $257,388
Community Development Fund (Housing
Displacement Program)
Human Services
$75,000
Total Community Development Fund (Housing
Displacement Program)
$75,000
Community Development Fund (HOME Program)
Human Services $562,116
Total Community Development Fund (HOME
Program) $562,116
Community Development Fund (Homelessness
Partnership Program)
General Government $183,352
Total Community Development Fund (Homelessness
Program) $183,352
Total Community Development Fund Programs $1,077,856
Efland Sewer Operating Fund
Community Services $156,750
Total Efland Sewer Operating Fund $156,750
Visitors Bureau Fund
General Government $193,725
Community Services $1,689,036
Total Visitors Bureau Fund $1,882,761
School Construction Impact Fees
Transfers to Other Funds $1,600,000
Total School Construction Impact Fees Fund $1,600,000
23
Solid Waste Operations Enterprise Fund
Community Services - Solid Waste/Landfill Operations $10,040,421
Total Solid Waste Operations Enterprise Fund $10,040,421
SportsPlex Operations Enterprise Fund
Community Services – Sportsplex Operations $3,884,471
Total Sportsplex Operations Enterprise Fund $3,884,471
Community Spay/Neuter Fund
Community Services $68,350
Total Community Spay/Neuter Fund $68,350
Article 46 Sales Tax Fund
Community Services $3,651,952
Total Article 46 Sales Tax Fund $3,651,952
Section III. Revenues
The following fund revenues are estimated to be available during the fiscal year beginning July
1, 2018 and ending June 30, 2019, to meet the foregoing appropriations:
Function Appropriation
General Fund
Property Tax $158,561,382
Sales Tax $24,140,242
Licenses & Permits $313,000
Intergovernmental $17,296,375
Charges for Services $12,456,495
Investment Earnings $415,000
Miscellaneous $3,114,760
Transfers from Other Funds $1,637,600
Appropriated Fund Balance $8,820,099
Total General Fund $226,754,953
Emergency Telephone System Fund
Charges for Services $595,350
Appropriated Fund Balance $323,795
Total Emergency Telephone System Fund $919,145
Fire Districts
Property Tax $6,057,908
Investment Earnings $1,966
Total Fire Districts Fund $6,059,874
Section 8 (Housing) Fund
Intergovernmental and General Government $4,201,264
From General Fund $264,245
Total Section 8 Fund $4,465,509
Community Development Fund (Housing Rehabilitation
Initiative)
From General Fund $257,388
Total Community Development Fund (Housing
Rehabilitation Initiative) $257,388
Community Development Fund (Housing Displacement
Program)
From General Fund $75,000
24
Total Community Development Fund (Housing
Rehabilitation Initiative) $75,000
Community Development Fund (HOME Program)
Intergovernmental $329,454
Program Income $13,306
From General Fund $219,356
Total Community Development Fund (HOME Program) $562,116
Community Development Fund (Homelessness
Partnership Program)
Intergovernmental and General Government $116,070
From General Fund $60,782
Appropriated Fund Balance $6,500
Total Community Development Fund (Homelessness
Partnership Program) $183,352
Total Community Development Fund Programs $1,077,856
Efland Sewer Operating Fund
Charges for Services $102,250
Appropriated Fund Balance $54,500
Total Efland Sewer Operating Fund $156,750
Visitors Bureau Fund
Occupancy Tax $1,342,974
Sales & Fees $500
Intergovernmental $236,670
Investment Earnings $100
Appropriated Fund Balance $302,517
Total Visitors Bureau Fund $1,882,761
School Construction Impact Fees Fund
Appropriated Fund Balance $1,600,000
Total School Construction Impact Fees Fund $1,600,000
Solid Waste Operations Enterprise Fund
Sales & Fees $8,907,871
Intergovernmental $263,000
Miscellaneous $194,550
Licenses & Permits $130,000
Interest on Investments $45,000
General Fund Contribution for Sanitation Operations $500,000
Appropriated Reserves $0
Total Solid Waste Operations Enterprise Fund $10,040,421
Sportsplex Operations Enterprise Fund
Charges for Services $3,884,471
Total Sportsplex Operations Enterprise Fund $3,884,471
Community Spay/Neuter Fund
Animal Tax $27,000
Intergovernmental $10,000
Miscellaneous $12,300
25
Appropriated Fund Balance $19,050
Total Community Spay/Neuter Fund $68,350
Article 46 Sales Tax Fund
Sales Tax Proceeds $3,651,952
Total Article 46 Sales Tax Fund $3,651,952
Section IV. Tax Rate Levy
There is hereby levied for the fiscal year 2018-19 a general county-wide tax rate of 85.04 cents
per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district
tax rates are levied as follows:
Cedar Grove 8.10
Greater Chapel Hill Fire Service District 14.91
Damascus 10.30
Efland 6.78
Eno 9.68
Little River 5.92
New Hope 9.94
Orange Grove 6.81
Orange Rural 9.15
South Orange Fire Service District 9.68
Southern Triangle Fire Service District 10.30
White Cross 11.37
Chapel Hill-Carrboro School District 20.18
Section V. General Fund Appropriations for Local School Districts
The following FY 2018-19 General Fund Appropriations for Chapel Hill-Carrboro
City Schools and Orange County Schools are approved:
a) Current Expense appropriation for local school districts totals $84,957,670, and equates
to a per pupil allocation of $4,165.
1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is
$51,591,855.
2) The Current Expense appropriation to the Orange County Schools is
$33,365,815.
b) School Related Debt Service for local school districts totals $17,625,421.
c) Additional County funding for local school districts totals $6,558,428
(3) School Resource Officers and School Health Nurses Contracts - Total
appropriation of $3,558,428 to cover the costs of School Resource Officers
in every middle and high school, and a School Health Nurse in every
elementary, middle, and high schools in both school systems.
(4) One-time deferred maintenance funding of $3,000,000 by ADM is allocated
to the school systems by the following: Chapel Hill-Carrboro City Schools
appropriation is $1,821,900 and Orange County Schools appropriation is
$1,178,100.
26
Section VI. Schedule B Privilege Licenses
In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of the North Carolina
State Statutes, and any other section of the General Statutes so permitting, there are hereby
levied privilege license taxes in the maximum amount permitted on businesses, trades,
occupations or professions which the County is entitled to tax.
Section VII. Animal Licenses
A license costing $10 for sterilized dogs and sterilized cats is hereby levied. A license for un-
sterilized dogs and a license for un-sterilized cats is $30 per animal.
Section VIII. Board of Commissioners' Compensation
The Board of County Commissioners authorizes that:
• Salaries of County Commissioners will be adjusted by any wage increase and/or any
other general increase granted to permanent County employees. For fiscal year 2018-
19, the approved budget includes a total 2% wage increase, effective July 1, 2018.
• Annual compensation for County Commissioners will include the County contribution for
health insurance, dental insurance and life insurance that is provided for permanent
County employees, provided the Commissioners are eligible for this coverage under the
insurance contracts and other contracts affecting these benefits.
• County Commissioners' compensation includes eligibility to continue to participate in the
County health insurance at term end as provided below:
o If the County Commissioner has served less than two full terms in office (less
than eight years), the Commissioner may participate by paying the full cost of
such coverage. (If the Commissioner is age 65 or older, Medicare becomes the
primary insurer and group health insurance ends.)
o If the County Commissioner has served two or more full terms in office (eight
years or more), the County makes the same contribution for health insurance
coverage that it makes for an employee who retires from Orange County after 20
years of consecutive County service as a permanent employee. If the
Commissioner is age 65 or older, Medicare becomes the primary insurer and
group health insurance ends. The County makes the same contribution for
Medicare Supplement coverage that it makes for a retired County employee with
20 years of service.
o Annual compensation for Commissioners will include a County contribution for
each Commissioner to the Deferred Compensation (457) Supplemental
Retirement Plan that is the same as the County contribution for non-law
enforcement County employees in the State 401 (k) plan. For fiscal year 2018-
19, the approved budget continues the County contribution of $27.50 per pay
period and a County contribution match of up to $63.00 semi-monthly.
Section IX. Budget Control
General Statutes of the State of North Carolina provide for budgetary control measures
to exist between a county and public school system. The statute provides:
Per General Statute 115C-429:
(c) The Board of County Commissioners shall have full authority to call for, and the Board of
Education shall have the duty to make available to the Board of County Commissioners, upon
27
request, all books, records, audit reports, and other information bearing on the financial
operation of the local school administrative unit.
The Board of Commissioners hereby directs the following measures for budget administration
and review:
That upon adoption, each Board of Education will supply to the Board of County Commissioners
a detailed report of the budget showing all appropriations by function and purpose, specifically
to include funding increases and new program funding. The Board of Education will provide to
the Board of County Commissioners a copy of the annual audit, monthly financial reports,
copies of all budget amendments showing disbursements and use of local moneys granted to
the Board of Education by the Board of Commissioners.
The Board of Commissioners hereby approves the following financial policies:
• The County will not initiate pay-as-you-go funding until October 1 of each fiscal year, and
pending a review of the first quarter financial report, with the exception of County
appropriations to the school districts and any other County Manager exceptions.
• The County will initiate measures to recoup sales tax proceeds on school capital
projects through the conveyance of school property to the County with the school
property reverting back to the school districts at the end of the construction period.
• The County will ensure that all monthly general ledger postings occur by the 10th work
day of each month.
• The County will ensure that monthly financial reports are available by the 15th work day
of each month.
• The County will not issue debt for a project until a bid award date and construction start
date is established.
• Whereas, it is a best practice for governments to account for capital assets separate
from their operating funds, and; Whereas, enterprise funds generally establish Renewal
and Replacement Capital Funds to account for the acquisition of capital assets;
Therefore,
a. The Solid Waste Renewal and Replacement Capital Fund is established to
account for sources of income earmarked to fund the County Capital Investment
Plan. Sources of income including debt financing proceeds, pay-as-you-go
funds, and any other sources earmarked to finance acquisition of capital assets.
b. The Sportsplex Renewal and Replacement Capital Fund is established to
account for sources of income earmarked to fund the County Capital Investment
Plan. Sources of income including debt financing proceeds, pay-as-you-go
funds, and any other sources earmarked to finance acquisition of capital assets.
• Whereas, the County intends to undertake Capital Projects as approved in Year 1 (FY
2018-19) of the Capital Investment Plan, will use its own funds to pay initial Project
costs, and then reimburse itself from financing proceeds for these early expenditures.
The expected primary type of financing for the Projects is installment financing under
Section 160A-20. The financing may include more than one installment financing, and
may include installment financings with equipment vendors and installment financings
that include the use of limited obligation bonds. The Manager and Finance Officer have
advised the Board that it should adopt this resolution to document the County’s plans for
reimbursement, in order to comply with certain federal tax rules relating to
reimbursement from financing proceeds.
• The Community Loan Fund will issue no interest loans to recipients in this program.
28
Section X. Internal Service Fund - Health and Dental Insurance Fund
The Health and Dental Insurance Fund accounts for receipts of premium payments from the
County and its employees, employees for their dependents, all retirees and the payment of
employee and retiree claims and administration expenses. Projected receipts and fund
reserves from the County and employees for fiscal year 2018-19 will be $17,897,029, and
projected expenses for claims and administration for fiscal year 2018-19 will be $17,897,029.
Section XI. Agency Funds
These funds account for assets held by the County as an agent for other government units, and
by State Statutes, these funds are not subject to appropriation by the Board of County
Commissioners, and not included in this ordinance.
Section XII. Encumbrances
Operating funds encumbered by the County as of June 30, 2018 are hereby reappropriated to
this budget.
Section XIV. Capital Projects & Grants Fund
The County Capital Improvements Fund, Schools Capital Improvements Fund, Proprietary
Capital Funds, and the Grant Projects Fund are hereby authorized. Appropriations made for the
specific projects or grants in these funds are hereby appropriated until the project or grant is
complete.
The County Capital Projects Fund FY 2018-19 budget, with anticipated fund revenues of
$28,530,599 and project expenditures of $28,530,599 is hereby adopted in accordance with
G.S. 159 by Orange County for the fiscal year beginning July 1, 2018, and ending June 30,
2019, and the same is adopted by project.
The School Capital Projects Fund FY 2018-19 budget, with anticipated fund revenues of
$9,759,439, and project expenditures of $9,759,439 is hereby adopted in accordance with G.S.
159 by Orange County for the fiscal year beginning July 1, 2018, and ending June 30, 2019,
and the same is adopted by project. Note: the funding amounts do not include Lottery
proceeds of $1,356,362; specific lottery funded projects will be presented to the Board of
County Commissioners as part of separate budget amendments during FY2018-19, when
quarterly lottery funds are distributed by the State.
The Proprietary Capital Funds FY 2018-19 budget, consisting of Water and Sewer Utilities,
Solid Waste, and Sportsplex, with anticipated fund revenues of $2,483,815, and project
expenditures of $2,483,815 is hereby adopted in accordance with G.S. 159 by Orange County
for the fiscal year beginning July 1, 2018, and ending June 30, 2019, and the same is adopted
by project.
The Solid Waste Renewal and Replacement Capital Fund FY 2018-19 budget, with anticipated
sources of income of $2,320,009, and anticipated expenditures of $2,320,009 is hereby adopted
in accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2018, and
ending June 30, 2019.
The Sportsplex Renewal and Replacement Capital Fund FY 2018-19 budget, with anticipated
sources of income of $544,710, and anticipated expenditures of $544,710 is hereby adopted in
accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2018, and
ending June 30, 2019.
29
The County Grant Projects Fund FY 2018-19 budget, with anticipated fund revenues of
$245,469, and project expenditures of $245,469, is hereby adopted in accordance with G.S.
159 by Orange County for the fiscal year beginning July 1, 2018, and ending June 30, 2019,
and the same is adopted by project.
Any capital project or grant budget previously adopted, the balance of any anticipated, but not
yet received, revenues and any unexpended appropriations remaining on June 30, 2018, shall
be reauthorized in the FY 2018-19 budget.
Section XVI. Contractual Obligations
The County Manager is hereby authorized to execute contractual documents under the
following conditions:
1. The Manager may execute contracts for construction or repair projects that do not
require formal competitive bid procedures, and which are within budgeted departmental
appropriations, for which the amount to be expended does not exceed $250,000.
2. The Manager may execute contracts for general and/or professional services which are
within budgeted departmental appropriations, for purchases of apparatus supplies and
materials or equipment which are within the budgeted departmental appropriations, and
for leases of property for a duration of one year or less and within budgeted
departmental appropriations for which the amount to be expended does not exceed
$89,999.
3. Subject to prior Board of County Commissioner authorization at an official Board
meeting, the Manager is authorized to execute contracts, their amendments and
extensions, in amounts otherwise reserved for Board approval and execution by the
Chair, up to the Board-approved budgetary amount for a project or service that has been
approved by the Board of County Commissioners in the current year budget.
4. Contracts executed by the Manager shall be pre-audited by the Chief Financial Officer
and reviewed by the County Attorney to ensure compliance in form and sufficiency with
North Carolina law.
5. The Manager may sign intergovernmental service agreements in amounts under
$90,000.
6. The Manager may sign intergovernmental grant agreements regardless of amount as
long as no expenditure of County matching funds, not previously budgeted and
approved by the Board, is required. Subsequent budget amendments will be brought to
the Board of County Commissioners for revenue generating grant agreements not
requiring County matching funds as required for reporting and auditing purposes.
7. The Manager and Attorney will provide a quarterly report to the County Commissioners
showing the type and amount of each intergovernmental agreement signed by the
Manager.
This budget being duly adopted this 19th day of June 2018.
Donna Baker, Clerk to the Board Mark Dorosin, Chair
30
Penny Rich, Vice-Chair Mia Burroughs
Barry Jacobs Mark Marcoplos
Earl McKee Renee Price
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich for the
Board to adopt the FY2018-19 Budget Ordinance, the FY2018-19 County Grant Projects, and
the FY2018-19 County Fee Schedule, consistent with the parameters outlined in the Board’s
“Resolution of Intent to Adopt the FY2018-19 Orange County Budget”.
VOTE: UNANIMOUS
b. Acceptance of the Five-Year Capital Investment Plan and Approval of the Orange
County CIP Projects of $42,130,216 for FY2018-19
The Board considered voting to accept the FY2018-23 Orange County Five-Year Capital
Investment Plan, and approve the Orange County CIP Projects of $42,130,216 for FY2018-19.
Paul Laughton presented this item:
BACKGROUND:
For over 20 years, the County has produced a Capital Investment Plan (CIP) that establishes a
budget planning guide related to capital needs for the County as well as Schools. The current
CIP consists of a 5-year plan that is evaluated annually to include year-to-year changes in
priorities, needs, and available resources. Approval of the CIP commits the County to the first
year funding only of the capital projects; all other years are used as a planning tool and serves
as a financial plan.
Capital Investment Plan – Overview
The FY2018-23 CIP includes County Projects, School Projects, and Proprietary Projects. The
School Projects include Chapel Hill Carrboro City Schools, Orange County Schools, and
Durham Technical Community College – Orange County Campus projects. The Proprietary
Projects include Water and Sewer, Solid Waste Enterprise Fund, and Sportsplex projects.
The CIP has been prepared anticipating moderate economic growth of approximately 2% in
property tax growth and 4% in sales tax growth annually over the next five years. Many of the
projects in the CIP will rely on debt financing to fund the projects.
Attachment 1 is the FY2018-23 Capital Investment Plan Overall Summary (individual projects
were provided to the Board of County Commissioners at previous work sessions, and revised
School Capital and Overall Summaries presented and discussed at the June 12, 2018 budget
work session
Attachment 2 lists the overall Orange County CIP projects of $42,130,216 in FY2018-19.
Attachment 3 lists County Capital projects totaling $28,530,599 in FY2018-19.
31
Attachment 4 lists School Capital projects totaling $9,759,439 in FY2018-19. (Note: It does not
include Lottery proceeds of $1,356,362; specific lottery funded projects will be presented to the
Board of County Commissioners as part of separate budget amendments during FY2018-19,
when quarterly lottery funds are distributed by the State).
A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to
for the Board to accept the FY2018-23 Orange County Five-Year Capital Investment Plan, and
approve funding for FY2018-19, as stated in Attachment 2, Year 1 (FY2018-19) in the Capital
Investment Plan; and adopt the FY2018-19 County Capital projects as stated in Attachment 3
and FY2018-19 School Capital projects as stated in Attachment 4.
VOTE: UNANIMOUS
c. Orange County Consolidated Plan – FY 2018-2019 Revised Annual Action Plan and
Proposed FY 2018-2019 HOME Activities
The Board considered:
1) Adoption of a Resolution approving the Consolidated Plan’s proposed FY2018- 2019
revised Annual Action Plan;
2) Adoption of a Resolution approving the proposed revised HOME Program Activities for
FY 2018-2019; and
3) Authorizing the County Manager to implement the revised HOME Program as approved
by the BOCC, including the ability to execute agreements with partnering non-profit
organizations after consultation with the County Attorney and based on the allocation
received from HUD.
Sherrill Hampton, Housing Director, presented this item below:
BACKGROUND:
Each year, local communities are required to reassess the needs of the community. Orange
County completed the required notice and public hearing process earlier and the Board of
County Commissioners approved, by resolution, the FY 2018-2019 Annual Action Update and
proposed uses of funds on May 1, 2018. However, HUD allocated a funding increase of
$111,647 from the anticipated HOME budget advertised on March 13, 2018 and discussed at
the Board’s public hearing held on April 3, 2018.
Due to the substantial increase in funding, the County held another public hearing on June 5,
2018 as it relates to the additional funds received, revised budget and proposed use of funds.
In addition, there was a 30-day comment period from May 18, 2018 – June 18, 2018, which
allowed the general public to provide written comments and input on the increase in the HUD
HOME allocation and proposed revised uses of the funds to be received. Notices were placed in
The Herald-Sun, the News of Orange and La Noticia. Copies of the proposed revised Annual
Action Plan were made available at Orange County Housing and Community Development
Department’s Main Office, Orange County Library and the Chapel Hill Library, as well as on the
Orange County Website. All public comments received are summarized in the proposed FY
2018-2019 revised Annual Action Plan.
The Orange County HOME Consortium, known as the Orange County Local Government
Affordable Housing Collaborative, anticipates the following Federal financial resources for FY
2018-2019:
32
FY 2018 HOME Funds $401,340.00
HOME Program Income $ 13,306.00
HOME Match $ 90,302.00
Total $504,948.00
The above amounts are estimates only and may be adjusted according to the exact allocation
received from HUD.
Given the proposed increase in HUD HOME funds to be received, the HOME Consortium,
comprised of one (1) elected official and staff members from Orange County, the Town of
Carrboro, Town of Chapel Hill and Town of Hillsborough, reviewed the received applications on
May 22, 2018 and again on June 14, 2018 as it relates to the proposed FY 2018-2019 HOME
funds and made the following revised recommendations regarding funding for consideration by
each of the Consortium member jurisdictions’ elected bodies as follows:
Community Home Trust - Homeowner Assistance $ 60,000.00
Empowerment, Inc. – Rental Acquisition $145,000.00
Habitat for Humanity – Homeownership $ 60,000.00
FY 2018-2019 CHDO Set-Aside Activities $ 60,201.00*
Orange County – Countywide TBRA, including assistance for the Rapid
Re-Housing Program
$139,613.00
Administration $ 40,134.00
Total $504,948.00
(*- Denotes Orange County HOME Consortium’s CHDO Set-Aside)
The requested amounts above may still be adjusted based on the exact allocation the HOME
Consortium receives from HUD.
While HOME funds will not be used in FY 2018-2019 to undertake single-family housing
rehabilitation activities, Orange County will provide local funding for single-family housing
rehabilitation activities as the need for low income owner-occupied rehabilitation was identified
in the 2015-2019 Consolidated Plan and subsequent Annual Action Plans.
In accordance with the Orange County HOME Consortium Agreement, approved in May
2011, the HOME Program Design for each year must be approved by all jurisdictions prior to
submission to HUD. The HOME Program Revised Design is scheduled for approval by the
Town of Carrboro on June 19, 2018 and staff believes the Town of Chapel Hill will consider this
item on June 27, 2018. The Town of Hillsborough will adopt the HOME
Program Revised Design on June 25, 2018. The Board of County Commissioners (BOCC) is
therefore asked to consider approval of the attached revised HOME Program Resolution.
The FY 2018-2019 Revised Annual Action Plan will be submitted to HUD on or before July 2,
2018.
HOME Program Implementation
After approval of the FY 2018-2019 Revised HOME Program Design by all Consortium
participants, authorization is also requested to allow the Orange County Manger, based on the
HUD allocation received, to execute agreements with partnering non-profit organizations as
33
necessary to implement the approved revised HOME Program Design. All agreements will
receive the review and approval of the County Attorney’s Office.
Commissioner Price asked if Ms. Hampton could clarify where the $111,000 went.
Sherrill Hampton said the $111,000 was the additional money. She said $289,693 was
originally anticipated, but the award is for $401,340.
Commissioner Price asked if these funds were given to various programs.
Sherrill Hampton said it was divided among those that were there, and the Orange
County TBRA was newly added. She said there was also a set aside for CHDO, as stipulated
by HUD regulations.
Chair Dorosin summarized that the original certified housing development organization
that was going to go to the Community Home Trust, but upon review of the HUD regulations it
was determined that the intended use of the money by CHT was not eligible, and thus another
line item was created and a CHDO that can take this money will be identified.
Sherrill Hampton said that is correct.
A motion was made by Commissioner Price, seconded by Commissioner Marcoplos for
the Board to:
1) Adopt a Resolution approving the Consolidated Plan’s FY 2018-2019 Revised Annual
Action Plan;
2) Adopt a Resolution approving the proposed revised HOME Program Design for FY
2018-2019; and
3) Authorize the County Manager to implement the FY 2018-2019 Revised HOME
Program Design, as approved by the BOCC, including the ability to execute
agreements with partnering non-profit organizations, after consultation with the
County Attorney and based on the allocation received from HUD.
VOTE: UNANIMOUS
d. Social Services Reform and Performance Memorandum of Understanding
The Board received an update on Social Services Reform and considered approval of
the Memorandum of Understanding (MOU) between Orange County and the North Carolina
Department of Health and Human Services regarding performance expectations and authorizing
the County Manager to sign.
Nancy Coston, Department of Social Services (DSS) Director, reviewed the abstract.
BACKGROUND:
In 2017, the North Carolina General Assembly approved Social Services Reform legislation
(House Bill 630). The legislation contains many components including:
• hire consulting firm to develop plans for reform;
• establish workgroup to develop recommendations on creation of state regional
offices;
• develop plan for regionalization of local offices; and
• implement performance agreements between local social service agencies and the
state Department of Health and Human Services (DHHS).
The outside consulting firm, the Center for the Support of Families, is conducting research in
North Carolina and has visited Orange County. The Social Services Work Group, facilitated by
the School of Government, has issued its first report on establishing state regional offices and is
now working on local agency regionalization plans.
34
The performance agreement section of the law becomes effective July 1, 2018, with an
expectation that counties submit a signed MOU to DHHS by June 29, 2018. County directors
and state staff have met numerous times to develop the performance measures and the
language for the MOU. Although the measures in the MOU are not new, the law contained
additional language to allow progressive actions if counties do not meet the goals. These are
outlined in Attachment X of the MOU and include program improvements and corrective action
plans. If counties have continued failures in performance after corrective action, the Secretary of
DHHS may assume control of service delivery. County directors have expressed concerns
about signing the MOU’s knowing that they cannot meet all the expectations. During the
meeting, the DSS Director will provide information about any known actions by other counties
related to signing these agreements.
These agreements apply to child welfare programs, adult protective services, adult guardianship
services, child support and all public assistance programs except Medicaid. Although Medicaid
is not included in the agreements, there is separate legislation with additional sanctions for any
performance issues with Medicaid eligibility. Orange County Department of Social Services
(DSS) has integrated Medicaid with other public assistance programs during the intake process
so performance among these programs is interrelated.
Although Orange County operates child support through a separate department under the
County Manager’s supervision, those performance measures are also included in the MOU.
Some of the discussion between DHHS and DSS has focused on the specific performance
measures and also on the data currently available to counties to track performance. Many of the
measures are based on the Child and Family Services Review (CFSR), federal reviews of
performance in all states. All states have trouble meeting the goals in these reviews and state
performance and issues are available online (https://www.acf.hhs.gov/cb/resource/cfsr-round3-
findings-2015-2016).
For example, one of the measures, 41% of foster children are discharged to permanency within
12 months of entering foster care, will be very difficult to achieve. The latest reviews of 24 states
show that no state achieved substantial conformity with this outcome and North Carolina scored
34%. The difficulty in meeting some of the measures reflects the complexity of the cases in child
welfare. A parent with a serious addiction issue is unlikely to immediately receive needed
services to treat the addiction and is unlikely to make sufficient progress to safely return to
parenting in twelve months. The majority of the families involved in child welfare have mental
health and/or substance abuse issues. Often DSS does not control access to services and may
have no way to expedite treatment for parents.
There may also be difficulties meeting all the child support measures. In times of economic
downturns, collections will be lower. For example, data from FY 2016-17 showed that 66
counties did not meet the collection goal.
It is unlikely that Orange County or many other counties will be able to meet all the performance
measures in this agreement. In recognition of the many factors involved, DHHS will be defining
target goals for individual counties and will be helping to identify system and policy issues
outside of local agency control. Hopefully this approach will allow for less emphasis on
monitoring and sanctions and more focus on continuous improvement at both the state and
county level.
Both the Child Support office and DSS embrace opportunities to improve performance and
increase positive impacts for vulnerable families in Orange County. During the next year, DSS
35
will be engaging with the community for discussion and planning on how the community can
improve its overall impact on families, particularly those most at risk for child abuse or neglect.
Nancy Coston said some of the goals outlined in the item are very difficult to meet. She
said there is a timeframe in which the federal government wants to see these goals
accomplished, but the State is working with the County to make the process manageable and
more successful. She said negotiations are ongoing, and most counties are willing to sign the
MOU and move forward from there. She said nothing in the MOU is new, but it has a tone that
is difficult for those managing social services departments.
Janet Sparks, Child Support Services, said all the items in the MOU are things they want
to do, but are mandated in such as way that it feels punitive. She said all staff will do the best
they can for children regardless.
Commissioner McKee said he is the DSS Board Representative, and he said the
processes and challenges their staff faces are tremendous. He said he views this MOU as
medicine he does not want to take, and is unsure that it will cure him. He said he has extreme
reservations that the Department cannot meet these parameters, but he does not see how the
Department can avoid signing the MOU. He said there are efforts underway to amend this
going forward.
Commissioner Jacobs said he sent an email John Roberts asking if the BOCC could
write an accompanying letter that expresses concern over the MOU, and its onerous nature. He
suggested the following:
“The seemingly punitive mandate includes goals that our conscientious and caring staff
identify as seemingly difficult to meet despite their best efforts.” And to point out that 2/3 of the
counties across the State are going to have difficulty meeting those goals.
Nancy Coston said she believes that no county can meet all of these requirements, and
Orange County performs well in comparison to other counties; so if Orange County finds these
goals difficult to meet, other counties certainly will. She said so many variables affect their
work, but are completely out of their control: economy, court time, etc.
Nancy Coston said another piece is that there is an issue with the State not yet having
valid data, and some of the measures cannot be given benchmarks yet. She said some of the
measures have never been put in place, so some things still need to be put in place for the next
six months, with valid data not being available until January 2019.
Commissioner Jacobs suggested that these two department heads write a letter to
accompany the BOCC’s vote of approval.
Chair Dorosin clarified that the targets are ones that the DSS already has in place.
Nancy Coston said the items in the MOU, before the BOCC, are the federal
requirements. She said North Carolina is a corrective action plan with the federal government
for child welfare, and has been for years, as are many other states. She said when a state is in
corrective action, there are overarching goals, but specific targets are created each year to
move the state up. She said the target number is less than the federal requirement, and this is
what the departments are measured against, once these targets are established with each
county. She said some counties may get specialized targets as well.
Chair Dorosin asked if the federal targets are unchanged.
Nancy Coston said that is correct. She said the document was much longer, but the
State has cut many of the performance measures due to the lack of valid data.
Commissioner Rich asked if the targets will be the same for all counties across the
State.
Nancy Coston said child support is already individualized, but DSS’s are not. She said if
a county goes under corrective action then it may receive individualized targets. She said the
federal requirements are very tough, and have been so for 15 years.
Janet Sparks said child support has had these measures for years, but does not have
any input in what makes up the child support services’ measures.
36
A motion was made by Commissioner McKee, seconded by Commissioner Jacobs for
the Board to authorize the County Manager and Social Services Director to sign the
Memorandum of Understanding pursuant to North Carolina General Statute 108A-74 and to
sign any related amendments to the Memorandum and that DSS and Child Support Directors
write a letter through the Manager’s office and direct it to the state Health and human services
to express their concerns.
VOTE: 6-1 (Commissioner Rich)
e. Memorandum of Understanding with Town of Hillsborough and Contract for
Design, Permitting, & Construction Administration for Orange County – Town of
Hillsborough Fiber Optic Network
The Board will:
1) review the draft Memorandum of Understanding (MOU) with the Town of Hillsborough
regarding the Hillsborough Fiber Optic Network project, which includes payment
arrangements, roles and responsibilities for Orange County and the Town of
Hillsborough;
2) approve and authorize the Manager to sign the MOU based upon final review by staff
and the County Attorney;
3) review the contract for the design, engineering and construction management for an
Orange County -Town of Hillsborough Fiber Project Design and Engineering contract
with Columbia Telecommunications Company (CTC); and
4) contingent upon final approval and signature of the MOU with the Town of
Hillsborough, approve and authorize the Manager to sign the contract with CTC in the
amount of $383,688 for the Orange County-Town of Hillsborough Fiber Optic Network
project.
Jim Northup presented this item:
BACKGROUND: Orange County Information Technologies and the Town of Hillsborough, along
with Orange County’s Finance and Asset Management Services teams, sought qualified firms to
provide fiber design, engineering services, and construction administration for the connection of
Orange County and the Town of Hillsborough’s facilities. By expanding the scope of the Orange
County Fiber Project Phase 1 to include the Town of Hillsborough scope, economies of scale
were achieved.
Orange County and the Town of Hillsborough are collaborating on a joint fiber optic network
project to connect respective facilities. Hillsborough is the county seat of Orange County and as
such, the two governments share Hillsborough’s downtown. Many Hillsborough and Orange
County facilities are also located in close proximity to each other and potentially share a
common route for fiber. It is recommended that Orange County and the Town of Hillsborough
collaborate on the design and build out of the respective fiber networks to take advantage of
economies of scale.
Anticipated routes in common will be primarily underground in separate conduits, with unique
Orange County routes being aerial and unique Town of Hillsborough routes being underground.
The Town of Hillsborough would like to build a redundant loop that has excess capacity to allow
for future needs as well as the option to lease to a third-party last mile provider.
Staff anticipates routes in common to equal approximately 6.8 miles, with Town of Hillsborough
and Orange County unique miles at 10.6 miles each.
37
FINANCIAL IMPACT: The total cost for the design and engineering work for this project is
$383,688. Per the proposed County-Town Memorandum of Understanding, the Town of
Hillsborough will cover fifty percent (50%) of the cost ($191,844). Funding for Fiber Network
Build Phase 1 currently exists in the FY2017-18 budget. It is worth noting that this contract will
produce a set of specifications and documents to allow for the bidding out of the actual
construction of a fiber network. While construction management is included in the attached
contract, construction costs are not, i.e., hiring a fiber construction contractor and running the
fiber itself is not. The total FY 2017-18 allocation for this project is $1,160,000.
Orange County will be the primary administrator for the agreement with the Town of
Hillsborough reimbursing Orange County as described in the attached Memorandum of
Understanding.
This is the first of a planned three-phase project. As each of the three phases is completed,
Orange County staff will pursue leasing excess fiber capacity to help offset ongoing
maintenance costs.
Chair Dorosin asked if there is a status report on Hillsborough’s consideration of this.
Jim Northup said Hillsborough gave the MOU back with questions, but the general
consensus is that this will be a 50-50 split, which seems fair. He said exact numbers need to be
worked out. He said the main cost share is for the consolidated/overlap section, whereas
Hillsborough will pay for the 7 miles in Hillsborough, and the County will pay for the 7 miles in
the County. He said Hillsborough intends to be a fair partner.
A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos
for the Board to:
1) Review the attached draft Memorandum of Understanding (MOU) with the Town of
Hillsborough regarding the Hillsborough Fiber Optic Network project, which includes
payment arrangements, roles and responsibilities for Orange County and the Town of
Hillsborough;
2) Approve and authorize the Manager to sign the MOU based upon final review by staff
and the County Attorney;
3) Review the attached contract for the design, engineering and construction
management for an Orange County -Town of Hillsborough Fiber Project Design and
Engineering contract with Columbia Telecommunications Company (CTC); and
4) Contingent upon final approval and signature of the MOU with the Town of
Hillsborough, approve and authorize the Manager to sign the contract with CTC
based upon final review and approval by staff and the County Attorney in the amount
of $383,688 for the Orange County-Town of Hillsborough Fiber Optic Network project.
VOTE: UNANIMOUS
f. Topics and County Commissioner Roles for the 2018 Orange County Economic
Development Summit
The Board reviewed, amended as necessary, and considered approving the suggested
topics for the 2018 Economic Development Summit and the panelists for each hour of the four-
hour radio broadcast on economic development, and identify other outside panelists as needed;
and determine BOCC members’ roles as panelist participants.
Todd McGee reviewed this information below:
BACKGROUND:
38
The Board of County Commissioners appropriated $30,000 in the FY 2017-18 budget from the
Article 46 sales tax to host an Economic Development Summit. At its April 3 meeting, the BOCC
chose to partner with WCHL to broadcast the summit live on the radio and Internet. The Board
chose to hold the event at the Whitted Building in Hillsborough on October 10, 2018, from 3:00
– 7:00 PM, so that it can also be broadcast on the County access channel (channel 1301 on
Spectrum).
Staff and representatives from WCHL have met several times to determine topics and panelists
for the summit, based on comments and feedback from Board members related to the Food
Council and wages.
Staff has incorporated these ideas into the program as outlined below with suggested topic
areas to be amended and approved as the Board determines.
Chair Dorosin said he feels there is something missing from the program, and he would
be interested in some discussion that provides context around economic development: how it
impacts housing availability, access to employment, etc. He said he would like to see
something that reflects the inner connection between tourism, business recruitment and the
arts, which puts some perspective around the social service that is significantly impacted by
economic development. He said he does not think that they need two segments on tourism,
and the two segments in hour three could be combined into one.
Commissioner Jacobs agreed, and said the schedule does not have body. He said
economic development also has a major impact on transportation, land use, water quality, etc.
He said it may be worth discussing how this is envisioned working in the future; articulating a
vision of where the County is going.
Commissioner Marcoplos also agreed too that something was missing, and regular
working people also need to be addressed. He said the categories, as listed, have an air of
only being for the college educated. He said he is an owner of a small construction company,
and if there was training available for young people in his field, it could lead to real and
meaningful work with good pay. He said people are leaving the County, but there are a lot of
trade jobs available, and he would like to focus on this issue.
Commissioner Rich said she liked Commissioner Macroplos’ idea, and agreed that the
two tourism segments could be one. She referred to Chair Dorosin’s comments, and asked if
that could be at the end of the program to tie all the parts together, and sharing the vision.
Commissioner McKee agreed with Commissioner Rich.
Commissioner Price said the portion suggested by Chair Dorosin should be at the
beginning to draw the audience in, and provide the theme.
Todd McGee said staff will promote this extensively ahead of time, and the moderator
would set the stage at the beginning.
Commissioner Price said certain words can be more attractive than others to draw
listeners within the first few seconds, and it would be helpful for the BOCC to know the overall
scope is going to be. She said it is difficult to push the arts, as related to economic
development, and it may be wise to move this later in the program.
Todd McGee said the schedule has been organized due to the fact that the audience will
get larger as the afternoon progresses, as people are leaving work, etc.
Chair Dorosin suggested 15 minutes at the beginning of the program to frame out some
context, and 30 minutes at the end. He said to shave 5 minutes off each segment to get the
beginning 15 minutes, and to take 30 minutes from hour 3 to use at the end to wrap everything
up. He also agreed with Commissioner Marcoplos’ points.
Todd McGee asked if the Board would like to have all of the Commissioners on a panel
in the last 15 minutes, or select a more narrow body.
39
Chair Dorosin said it should be a panel, like the other segments, but maybe have
someone from transportation, housing, schools and DSS, etc.
Bonnie Hammersley said staff will pull this together.
Todd McGee suggested having Chair Dorosin at the beginning and the end.
Chair Dorosin said he would appreciate that responsibility.
Commissioner Rich asked if this will air more than once.
Todd McGee said it will be on the WCHL website, and repeatedly broadcast on the cable
access channel.
Commissioner Marcoplos said perfection may not be achieved the first time around, and
to do it this year and see what can be learned from the experience. He said this could grow into
a wonderful annual program.
Chair Dorosin said there is consensus in having a 15-minute introduction, and a 30-
minute panel at the end, and collapsing the tourism segment into one. He said Commissioner
Rich will discuss tourism; Commissioner McKee will discuss small business; Commissioner
Jacobs will discuss Food Systems; Commissioner Price will discuss the Arts; Commissioner
Marcoplos will discuss industrial recruitment.
Commissioner Burroughs said she would pass on participating.
Topics and Panels (3:00 – 7:00 PM):
Hour 1: The Creative Economy
• First segment: The Arts Economy
Lead panelist: Katie Murray, Director, Orange County Arts Commission
Guest panelist: TBD (someone who receives an arts grant with a tie-in to economic
development)
Commissioner panelist: Commissioner Price
• Second segment: The Entrepreneurial Economy
Lead panelist: Dina Rousset, LAUNCH program manager
Guest panelist: Representatives from Academic Benchmarking Consortium, Quantworks or
other successful LAUNCH start-up as determined by LAUNCH
Commissioner: _________________________
Staff backup: Yvonne Scarlett
Hour 2: Nexus of Local Food Systems
Panelists: James Watts, Weaver Street buyer; Sue Ellsworth, PFAP Assistant Manager
Guest panelists: Representatives from Food Council, Seal the Seasons, Boxcar Cheese, LOCO
Pops
Commissioner: Commissioner Jacobs
Staff backup: Mike Ortosky
Hour 3: Orange County as a Destination
• First segment: Tourism
Lead panelist: Laurie Paolicelli, Orange County Visitors Bureau
Panelists: Anthony Carey, General Manager of the Sienna Hotel
Commissioner panelist: Commissioner Rich
• Second segment: Specialized Tourism
Lead Panelist: David Stancil, Orange County DEAPR
Panelists: John Stock (SportsPlex), Kate Dixon (MST), Triangle Area Polo Club, Soccer.com
40
Commissioner panelist: _________________________
Hour 4: Business recruitment
• First segment: Focus on Small Businesses
Lead Panelist: Steve Brantley, Orange County Economic Development Director
Panelists: Representatives from Ceremony Salon and Cup a Joe (small business grant or loan
recipients)
Commissioner panelist: Commissioner McKee
Staff backup: Yvonne Scarlett
• Second segment: Industrial Recruitment
Lead Panelist: Steve Brantley, Orange County Economic Development Director
Panelists: Bill Ingram, Durham Tech President; TBD
Commissioner panelist: Commissioner Marcoplos
7. Reports
NONE
8. Consent Agenda
• Removal of Any Items from Consent Agenda
Commissioner Rich – 8-r
Commissioner Jacobs – 8-d, g and l
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Burroughs, seconded by Commissioner Price to
approve the remaining items on the consent agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
8-d: BOCC Rules of Procedure Revision Regarding Public Charge for Regular
Meeting Agendas
The Board considered approval of an amendment to the BOCC Rules of Procedure to
revise the Public Charge portion of the Board of Commissioners’ Regular Meeting Agendas.
Commissioner Jacobs said he has proposed some changes that he hopes will make the
charge more succinct. He said the salmon sheet at the Commissioners’ places show the
following proposed changes:
PUBLIC CHARGE
The Board of Commissioners pledges its respect to all present. The Board asks those attending
this meeting to conduct themselves in a respectful, courteous manner toward each other, county
staff and the commissioners. At any time should a member of the Board or the public fails to
observe this charge, the Chair will take steps to restore order and decorum. Should it become
impossible to restore order and continue the meeting, the Chair will recess the meeting until
such time that a genuine commitment to this public charge is observed. The BOCC asks that all
electronic devices such as cell phones, pagers, and computers should please be turned off or
set to silent/vibrate.
41
Please be kind to everyone.
A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to
approve with changes on salmon sheet.
VOTE: UNANIMOUS
Commissioner Rich expressed her thanks to those who worked on this item.
8-g: Approval of North Carolina Department of Transportation (NCDOT) Right-of-Way
Encroachment Agreement for Bicycle Safety Road Signs
The Board considered voting to approve a North Carolina Department of
Transportation (NCDOT) Right-of-Way Encroachment Agreement for Non-Utility Encroachments
on Primary and Secondary Highways between Orange County and NCDOT for fifteen (15)
bicycle safety signs and authorize the Chair to sign.
Commissioner Jacobs asked if there were criteria for choosing these roads, since there
are no roads in Cedar Grove Township, and Efland-Cedar Grove Road is a road that people use
for recreational purposes, and the same for Orange Grove Road.
Bonnie Hammersley said no one is here to answer these questions, but this did go
through, and was approved by, the OUTBoard. She said this item can be pulled to allow staff to
get more information.
Commissioner Jacobs said he does not want to delay it until September, and suggested
tentatively approving these two, pending the review of the criteria.
Bonnie Hammersley said this information can go out the BOCC tomorrow.
Commissioner Marcoplos said he specifically wanted to know about Orange Grove
Road, as it is greatly used by cyclists.
A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
approve this item, with tentative inclusion of those two roads, subject to review from the
OUTBoard or staff of the criteria.
VOTE: UNANIMOUS
8-l: Approval of Food and Organic Waste Collection and Composting Contract
The Board considered voting to establish a contract with Judy D. Brooks Contractor, Inc.
that enables the County Solid Waste Management Department to provide collection, hauling
and processing for separated food waste and other organic materials to commercial and
institutional establishments throughout Orange County and authorize the Manager to sign.
Commissioner Jacobs said the SWAG group discussed at their last meeting about
accelerating the County’s approach to gathering food waste, and would begin looking more
aggressively at goals in September while updating the County’s solid waste plan. He said Ms.
Brooks does a very good job, but if the County is going to do something more aggressive then
what is being done now, then he wants to make sure there is still the opportunity to do so. He
said Robert Williams, Solid Waste Management Director, assured him there is the flexibility in
the contract to do both, and he wanted to the BOCC to hear and understand this. He said this
will be a several year process.
Robert Williams said Commissioner Jacobs asked some interesting questions by email,
to which he responded. He said the contract calls for expanding services to businesses,
42
schools, multi-family units, etc. He said he is also looking at enhancing the program with the
solid waste plan, so as to not leave anything out. He said it is important to remember that the
organics has to have a process, a place to store it, and to remove the final product, which is
compost. He said this is a multi-year plan, which will be included within the solid waste plan.
A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
approve this contract with Judy D. Brooks Contractor, Inc. that enables the County Solid Waste
Management Department to provide collection, hauling and processing for separated food
waste and other organic materials to commercial and institutional establishments throughout
Orange County and authorize the Manager to sign.
VOTE: UNANIMOUS
8-r: Alcoholic Beverage Control (ABC) Board Request to Exceed State Salary Limit
for the ABC Board General Manager
The Board considered voting to approve a request from the Alcoholic Beverage Control
(ABC) Board to exceed the statutory salary limitation imposed on ABC Board General Managers
by up to four percent (4%).
Commissioner Rich said this was a request by the ABC Board to give their General
Manager a salary raise of up to 4%. She said this seemed high, and the optics of this raise did
not look good, because the County and other municipalities are working on a 2% raise for
employees. She said she spoke with Travis Myren and the Chair of the ABC Board, and
learned that the General Manager’s salary needs to be within the range of the Clerk of Court’s
salary, but the BOCC can give approval to go higher. She said since the abstract was written,
the salary for the Clerk of Courts has increased (as seen in the handout at the Commissioners’
places), and after the conversation with the ABC Board Chair this afternoon, it has been
determined that this increase should be changed to up to 2%, not up to 4%. She said the
General Manager will be getting more than a 2% range, because he is starting at the new
salary, but the desire is to go up to 2% beyond that.
Chair Dorosin said a 2% increase is being asked for, but a $2,000 raise has already
occurred, which leads to about a 4% increase anyway.
Commissioner Rich said the increase is up to 2% and certain targets needs to be met
prior to any raise being given. She said the original packet indicates it will likely be a 3.4% raise
in total, including the $2,000 salary increase.
Chair Dorosin clarified that the concern was that everyone else in the County is getting
2%; and even with a reduced percentage, this employee will still get more than a 2% raise.
Commissioner Rich said the 2% raise is on top of any bonus that an employee may be
receiving, and it will vary across the County.
Travis Myren said the budget includes a 2% cost of living adjustment that applies across
the board, and in addition to this, there is a merit increase that will be applied to an employee’s
base salary, up to the equivalent of $1,000, annualized in a year. He said an employee in and
around the same salary level as the ABC Board General Manager, would receive about 1%
increase. He said a similarly situated County employee who earns an exceptional performance
rating, equivalent to $1,000, would get another 1% increase, in addition to the 2% cost of living
increase, totaling 3% annualized over the next year.
Commissioner Rich said the proposed change falls more in line with that practice, than if
the increase remained up to 4%. She said this will be reviewed and approved/not approved
annually, and this decision applies only to this year.
Chair Dorosin clarified that by voting yes, the BOCC is authorizing a 4% raise.
43
Commissioner Rich said yes, but has been assured that a 4% raise has never been
awarded.
A motion was made by Commissioner Rich, seconded by Commissioner McKee to
approve this with the correction of a raise up to 2% for a one-time approval for this fiscal year.
VOTE: 6-1 (Chair Dorosin)
a. Minutes
The Board approved the minutes from May 17, 24 and June 5, 2018 as submitted by the
Clerk to the Board.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, to release motor
vehicle property tax values for two taxpayers with a total of two bills that will result in a
reduction of revenue in accordance with NCGS.
c. Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, to release property
tax values for six taxpayers with a total of seven bills that will result in a reduction of
revenue in accordance with North Carolina General Statute 105-381.
d. BOCC Rules of Procedure Revision Regarding Public Charge for Regular Meeting
Agendas
The Board approved an amendment to the BOCC Rules of Procedure to revise the
Public Charge portion of the Board of Commissioners’ Regular Meeting Agendas.
e. Fiscal Year 2017-18 Budget Amendment #10
The Board approved budget, capital, and grant project ordinance amendments for Fiscal
Year 2017-18 to Animal Services; Health Department; Library Services; Department on
Aging; Housing and Community Development; Department of Social Services;
Emergency Telephone System; South Orange Fire Service District; Orange County
Capital School Projects; Sheriff’s Office; Vehicle Replacement Fund; Orange County
Food Council; Health and Dental Insurance Fund; and Historic Rogers Road
Infrastructure .
f. Application for North Carolina Education Lottery Proceeds for Chapel Hill –
Carrboro City Schools (CHCCS) and Contingent Approval of Budget Amendment #
10-A Related to CHCCS Capital Project Ordinances
The Board approved an application to the North Carolina Department of Public
Instruction (NCDPI) to release proceeds from the NC Education Lottery account related
to FY 2017-18 debt service payments for Chapel Hill – Carrboro City Schools (CHCCS),
and to approve Budget Amendment #10-A (amended School Capital Project
Ordinances), contingent on the NCDPI’s approval of the application.
g. Approval of North Carolina Department of Transportation (NCDOT) Right-of-Way
Encroachment Agreement for Bicycle Safety Road Signs
The Board approved a North Carolina Department of Transportation (NCDOT) Right-of-
Way Encroachment Agreement for Non-Utility Encroachments on Primary and
Secondary Highways between Orange County and NCDOT for fifteen (15) bicycle safety
signs and authorize the Chair to sign.
h. JCPC Certification FY 2018-2019
The Board approved the Orange County Juvenile Crime Prevention Council (JCPC)
Certification for FY 2018-2019 and authorized the Chair to sign.
i. Contract between Social Services and the Interfaith Council
The Board approved and authorized the Manager to sign a contract combining the
existing outside agency contract with a new contract between the Department of Social
44
Services (DSS) and Interfaith Council (IFC) to provide emergency assistance to Orange
County residents.
j. Contract between Social Services and Orange Congregations in Mission
The Board approved and authorized the Manager to sign a contract combining the
existing outside agency contract with a new contract between the Department of Social
Services (DSS) and Orange Congregations in Mission (OCIM) to provide emergency
assistance to Orange County residents.
k. Contract Amendment - Clean Harbors Environmental Services
The Board approved an amendment to the contract with Clean Harbors Environmental
Services, a Massachusetts corporation, for the Collection, Processing and Disposal of
Household Hazardous Wastes.
l. Approval of Food and Organic Waste Collection and Composting Contract
The Board established a contract with Judy D. Brooks Contractor, Inc. that enables the
County Solid Waste Management Department to provide collection, hauling and
processing for separated food waste and other organic materials to commercial and
institutional establishments throughout Orange County and authorize the Manager to
sign.
m. Fleet Maintenance Software Purchase and Support Agreement
The Board authorized the County Manager to execute a contract with Faster Asset
Solutions for the purchase of the Faster Web fleet maintenance work order system and
related professional services at a cost of $99,999, and including negotiated multi-year
annual maintenance for years 2 through 10 averaging $12,500 per year.
n. Register of Deeds Software Purchase and Support Agreement
The Board approved and authorized the Manager to execute a contract with Courthouse
Computer Systems, Inc., for the purchase and implementation of a Register of Deeds
software system, including first-year maintenance costs, for $189,680, and also including
negotiated multi-year annual maintenance service for years 2 through 5 at $79,000 per
year and years 6 through 8 at $89,000 per year.
o. Authorization for County Manager to Amend Northern Campus Professional
Services Agreements
The Board delegated authority to the County Manager to execute amendments,
contingent upon final review of the County Attorney, to the Professional Services
Agreements with:
1) Moseley Architects of Raleigh, NC with regard to the design of the proposed
detention center located on the Northern Campus and overall site work; and
2) HH Architecture of Raleigh, NC for the Environment and Agriculture Center
(“EAC”), and integrated Park Operations Base; and
3) For current and future amendments within the project budget.
p. Authorization for Award for Construction Manager at Risk Services for the Orange
County Northern Campus Capital Project
The Board delegated authority to the County Manager to:
a) award a Construction Manager at Risk (“CMAR”) Agreement to a qualified firm
for the Orange County Northern Campus capital project; and
b) authorize the Manager to sign the necessary paperwork upon review by the
County Attorney.
q. Amendment to the Code of Ordinances Regarding Retiree Health Insurance,
Anniversary Leave and Merit Pay
The Board authorized an amendment to Chapter 28 of the Code of Ordinances related
to retiree health insurance, anniversary leave and merit pay.
r. Alcoholic Beverage Control (ABC) Board Request to Exceed State Salary Limit for
the ABC Board General Manager
45
The Board approved a request from the Alcoholic Beverage Control (ABC) Board to
exceed the statutory salary limitation imposed on ABC Board General Managers by up
to four percent (4%).
s. Computer Surplus Declaration and Donation to Chapel Hill-Carrboro City Schools
The Board approved and authorized the Chair to sign a resolution upon County Attorney
review declaring items listed below as surplus and authorizing the donation of those
items to the Chapel Hill-Carrboro City Schools (CHCCS) Board of Education.
t. Approval of Revised FY 2013 and FY 2016 HOME Funds Award and Associated
Orange County Capital Investment Fund Grant Award to Community Home Trust
and Community Alternatives for Supportive Abodes (CASA)
The Board:
1) Amended the Board’s June 5, 2018 Award of FY 2013 and FY 2016 funds to
Community Home Trust (CHT) by adopting and authorizing the Chair to sign a
Resolution approving:
• a Revised FY 2013 HOME Funds Award to Community Home Trust
(CHT) for homeownership assistance activities;
• a Revised FY 2016 HOME Funds Award to Community Alternatives
for Supportive Abodes (CASA) and/or Community Housing Trust
contingent upon submission of eligible CHDO set-aside projects in an
amount not to exceed $46,529.40 collectively or singularly; and
• the allocation of Orange County local funds to the Community Home
Trust to acquire units and provide homebuyer assistance activities;
2) Authorized the County Manager to execute the necessary agreement(s) with
Community Home Trust (CHT) and Community Alternatives for Supportive
Adobes (CASA) after consultation with the County Attorney.
9. County Manager’s Report
Bonnie Hammersley said during public comment at the June 5th meeting, there was a
request to create a Mountain to Sea Trail (MTS) advisory group, and after talking with staff,
Chair/Vice Chair, and the Parks and Recreation Committee (PARC), it has been determined
that this topic will be incorporated under the PARC, as it already contains a MTS item in all of its
meeting agendas. She said this seemed better than creating a new committee from scratch.
She said she will attend the PARC meeting on August 1, where this will be fleshed out, and
more information provided at a BOCC meeting in September.
Bonnie Hammersley reminded the BOCC of the Transit Oriented Development (TOD)
meeting on June 21st with Durham County, and she said the first item on the agenda will be an
update on the Durham Orange Light Rail Project.
Commissioner Rich asked if there is someone responsible for creating an agenda, and
when it will be available.
Bonnie Hammersley said she does not know yet.
Chair Dorosin said the Chair/Vice Chair have been trying to schedule a phone call with
the Durham County Commissioners Chair/Vice Chair and GoTriangle to create the agenda. He
said hopefully this will occur tomorrow.
Commissioner McKee said to that the agenda be delivered to the BOCC by tomorrow
night.
10. County Attorney’s Report
John Roberts referred to the public comments about the Keith Arboretum, and asked if
he could be given some clarification on what the BOCC is seeking to have investigated.
46
Commissioner McKee said the deck and septic issues, and if the property is designated
and permitted as a three bedroom, but is being advertised as a 4-bedroom property. He said
these are serious allegations, and should be looked into.
John Roberts said David Stancil, Department of Environment, Agriculture, Parks and
Recreation (DEAPR) Director, asked for clarification.
John Roberts said he would like to offer the Board his unsolicited opinion. He said
DEAPR staff is working with the landowner to try and resolve the issues on the property. He
said the landowner has indicated a willingness to come into compliance, if there is a discovery
by staff that the landowner is out of compliance. He said the BOCC is likely to receive on going
complaints about this issue, and he is concerned that if the BOCC continues to direct staff to
investigate anything the neighbors bring to light, then the property owner may no longer be
amiable to coming into compliance, resulting in the issue going to court. He said going to court
is the only way to enforce easement terms against an uncooperative landowner. He said if the
landowner feels that staff is being circumvented, the situation may escalate.
Chair Dorosin said he is not seeking to circumvent staff, but he would like to know what
staff is doing currently, and any updates that can be provided.
John Roberts said there was a meeting with the landowner’s group scheduled for
Thursday, which was cancelled. He said this should be rescheduled, and he will ask DEAPR
staff to provide an update to the BOCC.
Commissioner Jacobs said he would like staff to reassure the BOCC that the uses are
consistent with the conservation easement, as the neighbors have repeatedly raised this
concern. He said this question should be addressed head on.
John Roberts said there is a meeting scheduled later this week with at least one of the
neighbors to address this. He said staff should be able to address the Board.
Chair Dorosin said it would be helpful for John Roberts to ask DEAPR to share with the
Board and the public the process for addressing all the concerns. He said complaints have
been received, and all would like to know the process to assess compliance, and addresses
potential non-compliance, and a timeline for this to occur. He said there is a perception with the
public that the County is doing nothing, which seems to be untrue, and therefore the public
should be more thoroughly informed about what is being done, and the limits to what the County
can do.
John Roberts said he did some of that at the community meeting, and he can also put
this information on line. He said the process consists of a complaint being made to DEAPR
staff, which will conduct an investigation, and work with the landowner if there is any part of the
easement that is not in compliance. He said if the landowner refuses, or cannot come into
compliance, and then an injunction or some other form of litigation is pursued.
Chair Dorosin said having some type of timeline would be helpful.
John Roberts said each situation is different, but staff may be able to provide some
information.
John Roberts said people want a zero tolerance policy for conservation easements, and
he has talked with DEAPR staff and all agree that this would be a bad idea if the County wishes
to continue to get conservation easements at all. He said staff works very closely with
landowners to insure there are documents that prohibit some things, while retaining the
flexibility to allow the landowner to have multiple uses on the property to benefit the landowner.
He said if the word gets out that the County is going to have a zero tolerance policy for
enforcement issues, it is possible that conservation easements will no longer be granted.
Chair Dorosin said John Roberts sent out an email about new legislative bills, and some
bills were described as “ratified.” He said he is unsure whether the Governor has signed these
bills.
John Roberts said everything he sent today has been ratified, except for the serious land
use one. He said ratified means both houses have passed it, but not yet signed by the
Governor.
47
11. *Appointments
a. Adult Care Home Community Advisory Committee – Appointment
The Board considered making an appointment to the Adult Care Home Community
Advisory Committee.
Chair Dorosin said it looks like 50% of this board is vacant.
Donna Baker said the board said it is working on this.
Chair Dorosin asked if anyone is in training.
Donna Baker said she does not know.
Chair Dorosin asked if there is a minimum amount of board seats that need to be filled.
Donna Baker and John Roberts said they did not know.
Chair Dorosin said maybe this board is too big.
Commissioner Price said this group meets at 3pm in the afternoon, which can be difficult
for some.
Chair Dorosin perhaps this can be revisited in the fall, as it is troubling to see a board
that is half vacant.
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to
appoint the following to the ACHCAC:
• Reappointment to an additional term (Position #8) “At-Large” position for Gloria
Brown, MSW expiring 06/30/2020.
VOTE: UNANIMOUS
b. Agricultural Preservation Board (APB) – Appointments
The Board considered making appointments to the Agricultural Preservation Board
(APB).
A motion was made by Commissioner McKee, seconded by Commissioner Price to
appoint the following to the APB:
• Reappointment to an additional term (Position #5) “Schley/Eno Volunteer Ag. Dist.”
representative for Nels Anderson expiring 06/30/2021.
• Reappointment to an additional term (Position #8) “At-Large” representative for Richal
Vanhook expiring 06/30/2021.
• Reappointment to an additional term (Position #11) “At-Large” representative for Kathy
Shambley expiring 06/30/2021.
• Reappointment to an additional term (Position #15) “At-Large” representative for Ken
Dawson expiring 06/30/2021.
• Extension Reappointment of one year (Position #14) “At-Large” for Ashley Parker
expiring 06/30/2019. (Extension of a term, is at the BOCC discretion provided for in
the “ORANGE COUNTY BOARD OF COUNTY COMISSIONERS ADVISORY BOARD
POLICY, Section III, Item D6. REFER TO RECOMMENDATION MEMO).
VOTE: UNANIMOUS
c. Alcoholic Beverage Control Board – Appointments
The Board considered making appointments to the Alcoholic Beverage Control Board.
48
A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
appoint the following to the ABC Board:
• Appointment to a first full term (Position #1) “At-Large” representative for Patrick Burns
expiring 06/30/2021.
• Reappointment to an additional full term (Position #2) “At-Large” representative for
Jane Cousins expiring 06/30/2021.
VOTE: UNANIMOUS
A motion was made by Commissioner Price, seconded by Commissioner McKee to
appoint Keith Bagby as Chair of the ABC Board.
VOTE: UNANIMOUS
d. Animal Services Advisory Board – Appointments- DONE ABOVE
e. Historic Preservation Commission (HPC) – Appointment
The Board considered making an appointment to the Historic Preservation Commission
(HPC).
A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to
appoint the following to the HPC:
• Appointment to a first full term (Position #3) “At-Large” for Terri Buckner expiring
03/31/2021.
VOTE: UNANIMOUS
f. Orange Water & Sewer Authority Board of Directors – Appointment- DONE ABOVE
12. Information Items
• June 5, 2018 BOCC Meeting Follow-up Actions List
• Tax Collector’s Report – Numerical Analysis
• Tax Assessor's Report – Releases/Refunds under $100
• Memorandum – FY2017-18 Capital Investment Plan Information Updates
• Memorandum – Greene Tract Update
• Memorandum – Annual Report of the Community Child Protection Team
• Memorandum – Performance Improvement Plan Update
• Memorandum – Third Quarter FY2017-18 Financial Report – Period Ending March 31,
2018
13. Closed Session
NONE
14. Adjournment
A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to
adjourn the meeting at 10:08 p.m.
49
VOTE: UNANIMOUS
Mark Dorosin, Chair
Donna Baker
Clerk to the Board