HomeMy WebLinkAboutMinutes 09-04-20181
APPROVED 10/16/2018
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
September 4, 2018
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday,
September 4, 2018 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs,
Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
appropriately below)
Chair Dorosin called the meeting to order at 7:02 p.m.
Chair Dorosin said Commissioner McKee would be late tonight.
1. Additions or Changes to the Agenda
Chair Dorosin noted the following items at the Commissioners’ places:
- PowerPoint for item 6-a
- PowerPoint for item 6-b
Commissioner Jacobs suggested that the information item on land use plan
amendments be moved up for discussion on the regular agenda.
Chair Dorosin suggested moving this to item 6-d.
The Board agreed by consensus.
Katie Murray, Arts Commission Director, introduced the Arts Moment:
Arts Moment – Barbara Claypole White – Bestselling author who creates hopeful family drama
with a healthy dose of mental illness. Originally from England, she writes and gardens in the
forests of rural Orange County, where she lives with her beloved OCD family. Her award-
winning novels include The Unfinished Garden, The In-Between Hour (a Southern Independent
Booksellers Alliance Okra Pick) The Perfect Son, which was a Goodreads Choice Awards
Nominee for Best Fiction 2015, Echoes of Family, and The Promise Between Us. She is also an
OCD Advocate for the A2A Alliance, a nonprofit group that promotes advocacy over adversity.
To connect with Barbara, please visit www.barbaraclaypolewhite.com.
Barbara Claypole White read an excerpt from one of her books.
2. Public Comments
a. Matters not on the Printed Agenda
Craig Carter said he came to a previous meeting about the flag, and he asked the Board
to change the size of the flags that can be flown, as he has a flag to honor a lost relative which
he can no longer fly due to the size restrictions. He asked the Board if it would consider
amending the regulation. He said he had a relative die years ago due of the slow ambulance
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service to the northern part of Orange County, and asked if the Board would look into improving
this service. He said there is a fire station on St. Mary’s road, but it has no firefighters and has
been empty for 10 years. He asked if the Board would look into saving historical sites such as
gristmills around the Town of Hillsborough. He said there are no regulations in Orange County
to protect historical items that reside on private property. He said the County needs do a better
job of funding their schools. He asked if the Board would notify him about the flag issue, as he
has no phone or Internet.
Chair Dorosin asked if he would give his contact information to the Clerk and staff will be
in touch.
Jamie Paulen said she supported the Board’s comments on the removal of the Silent
Sam statue.
Bill Ward said he is a member of Commission for the Environment, but he is speaking for
himself. He said the board passed a resolution in 2017 about renewable energy sources. He
said much has happened to mitigate climate change, including joining the Global Covenant of
Mayors for Climate and Energy, and beginning the greenhouse gas inventory. He said two of
the biggest contributors to the greenhouse gases are public transportation and utilities. He
gave examples of ways cities and countries are addressing these concerns, such as battery
operated boats and electric vehicles. He said there is great frustration with the federal
government in the United States.
Ivy Barger thanked the Board of County Commissioners for its statement in support of
the removal of the Silent Sam statue.
Heather Redding thanked the Board of County Commissioners for their statement in
support of the removal of Silent Sam.
Keith Percy thanked the Board of County Commissioners on its strong statement in
support of the removal of the Silent Sam statue.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda
below.)
3. Announcements, Petitions and Comments by Board Members
Commissioner Price commended those that put on, and participate in, summer youth
programs throughout the County.
Commissioner Burroughs said the Family Success Alliance’s (FSA) second major
funder, the United Way, has delayed the reapplication process until the spring, but will continue
to fund the FSA.
Commissioner Burroughs said the Board has been invited to the FSA strategic planning,
and she gave a shout out to Commissioner Marcoplos who spent two full days participating in
this process.
Commissioner Rich said the Food Council continues to work on several projects such as
promoting and preserving food waste in Orange County. She thanked farmer Ken Larsen, who
rolled off the Council.
Commissioner Rich said the Visitor’s Bureau (VB) is trying to think of ways to collaborate
with the Chapel Hill VB, rather than duplicating efforts.
Commissioner Rich said she is on a group called WE POWER, who is a group of women
out of the Piedmont Food Processing Center, trying to empower women entrepreneurs in the
food business.
Commissioner Rich said she just moved into a new home along with her mom, and she
contacted the Department on Aging to assess the home’s readiness for an aging individual.
She said the Department suggested changes, and she highly recommended this service to
anyone that has an aging individual in their home.
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Commissioner Jacobs said over the summer Jerry Passmore, long-term aging director,
passed away.
Commissioner Jacobs said that the Piedmont Food and Agricultural Processing Center
(PFAP) is doing better than it has done before, and staff is talking about expansion; a real
success story.
Commissioner Jacobs said Community Home Trust is having its annual fundraiser on
Friday, September 7th.
Commissioner Marcoplos said GoTriangle is now distributing free youth passes (for 13-
18 year olds) in Orange County, and he listed the places to pick one up: Carrboro Cybrary and
the Orange County library in Hillsborough.
Chair Dorosin said the Board has an annual meeting with City of Mebane, but he was
talking to the Manager and Commissioner Rich about establishing a working group with several
elected officials and staff, where there can be more effective engagement on issues that are
current to both entities. He said this would allow for greater on going conversation.
Commissioner Jacobs asked if this group would be in lieu of having the meeting with
Mebane this fall, or subsequent to.
Chair Dorosin said this would be in lieu of having the September 13th meeting, but an
alternative meeting date will be set after this work group has met.
Commissioner Price said she was at a community meeting last week, and Mebane was
also there. She said there were issues of concern for both Mebane and Orange County at
large.
Commissioner Rich said it would be set up like the Chatham/Orange County work group,
and suggested making this a petition as it gives a formal request from Orange County to
Mebane.
Chair Dorosin said he would make a petition.
Commissioner Jacobs suggested giving the work group a limited time prior to having a
joint meeting between all elected officials, or have the joint meeting first to determine how to set
up the group, and what topics will be covered. He said Agritourism and farmland preservation
are two topics that initiated the joint meetings years ago.
Bonnie Hammersley said sewer lines will be transferred to Mebane on October, and
suggested a social meeting at that time to discuss the scope of the work group.
Chair Dorosin asked John Roberts if he could provide a short update on the Barn of
Chapel Hill, and the status of last Board of Adjustment (BOA) meeting, as related to the Barn.
Chair Dorosin attended the dedication for the Habitat for Humanity house that was
moved from the Sportsplex to Hillsborough. He said it was a wonderful event, and he
commended all the staff that was involved.
Chair Dorosin said there is another dedication at Waterstone this coming Saturday.
The Board of County Commissioners (BOCC) needs three volunteers to serve on the
2019 retreat planning committee.
Discussion ensued and the volunteers will be: Chair Dorosin, Commissioner McKee and
Commissioner Price.
4. Proclamations/ Resolutions/ Special Presentations
a. Orange County Arts Commission 2018-19 Grant Recipients
The Board presented checks to local artists and arts organizations receiving 2018-19
Orange County Arts Grants.
Katie Murray presented this item.
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BACKGROUND: The Orange County Arts Commission (OCAC) awards grants to local artists,
schools and nonprofit organizations from funds received from the state and Orange County
government for this purpose. These funds are distributed for arts projects and programs in all
arts disciplines.
ORGANIZATION PROGRAM NAME OF REPRESENTATIVE
The ArtsCenter Afterschool Arts Program
partnership w/ OCAC
Fleming Samuels
Art Therapy Institute Operating support Hillary Rubesin
Boomerang Youth The Citizen Artist youth arts
program
Tami Pfeifer
Carrboro Elementary PTA In-school cultural arts programming Lynn Weller
Chapel Hill Philharmonia Operating support John Konanc (CO-nonch)
Chapel Hill-Carrboro Public School
Foundation
Artist-in-Residence program for
Estes Hills Elementary School,
Northside Elementary School, and
Phillips Middle School
Lynn Lehmann (LEE-man)
Estes Hills Elementary School PTA In-school cultural arts programming Liz Kalies
Franklin Street Arts Collective Operating support Sasha Bakaric
Gravelly Hill Middle School Cultural Explosion 2019 Michele Woodson
Hillsborough Arts Council (Free
Spirit Freedom)
Annual Gospel Music Festival Thomas Watson
Hillsborough Arts Council Operating support, Last Fridays Art
Walk; Hillsborough Handmade
Parade
Neil Stutzer
Hillsborough Elementary PTA Sounds of Drums Performance and
Residency
Sheril Sheppard and Jennifer
Mary Scroggs Elementary School
PTA
Afterschool Arts Enrichment
Program
Sarah Cornette
McDougle Elementary School PTA In-school cultural arts programming Daniela Miteva
Music Maker Relief Foundation Margaret Lane Cemetery Day of
Remembrance
Denise Duffy
Musical Empowerment Operating support Meredith Richard
New Hope Elementary Title 1 Artist-in-Residence Program
for New Hope, Efland-Cheeks
Global, Central, and Grady Brown
Elementary Schools
Michele Woodson
North Carolina Arts in Action NC Arts in Action at Rashkis
Elementary School
Doug Largent
Philips Middle School PTSA In-school cultural arts programming Kristen Stewart
Seawell Elementary School Number Drummer Residency Jill Austin Hemmings
Voices, the Chapel Hill Chorus Operating support Susan Brunssen
Women's Theatre Festival Production of These Shining Lives Cheryl Edson
Women's Voices Chorus Fall 2018 retreat and Spring 2019
Performance
Amy Glass
NAME OF ARTIST PROGRAM
Pam Baggett Project Poetry!
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Iris Chapman Documentary: The Closing of a School
Max Miller Supplies for studio art classes
Kelly R. Johnston Residencies at Penland School of Craft and The Torpedo
Tinka Jordy Garden Arts Sculpture Show
Tamara Kissane and Jessica Fleming
Development of a new play by Curious Theatre Collective
Salome Sandoval (sah-lo-MAY) The Last Conquistador performance by El Fuego Early
Renzo Ortega Professional development support for exhibit, Más allá de
Sol Ramirez 123 Puppetry Spring Production
Marie Rossetti and Benjamin Warshaw Fafnir Adamites sculpture installation at LEVEL Artist
Nancy Smith Women Speak 2019 exhibit
Heather Tatreau Dance-Theater Performance for UNC Process Series
Kristin Trangsrud and Alma Coefman Luna’s Magic Flute
Not present: Ben Hamburger
b. “The Nature of Orange” Photography Contest 2018
The Board recognized the winners, and thanked all participants and judges of “The
Nature of Orange” 2018 Photography Contest.
Lynne Hecht, Recreation Therapist, presented this item
Commissioner McKee arrived at 8:06pm.
The 2018 contest winners are as follows:
Adult: 1st Place – Charles R. Sheppard; 2nd Place – Keith Newell; 3rd Place – WR Bullock;
Honorable Mentions: Charles R. Sheppard and Molly Cronenwet
Youth: 1st Place – Jasmin Brown; 2nd Place –Julia Vaughan; 3rd Place – Maggie Sandbeck;
Honorable Mentions: Jordan Barlow and Maggie Sandbeck
This year’s judges were photographers Kent Murray, Holden Richards, and David Schaub
The Board recognized and congratulated the 2018 photography contest winners, and thanked
the judges and all those who participated in this community event.
5. Public Hearings
NONE
6. Regular Agenda
a. Approval of Contract with Open Broadband, LLC for Broadband Infrastructure
Development for Unserved Areas
The Board considered approving a contract with Open Broadband, LLC to develop the
next generation broadband infrastructure needed to meet the needs of unserved and
underserved Orange County residents and incorporate broadband solutions and business
models that are innovative, scalable and serve today’s needs, thereby providing maximum
benefit to Orange County residents and authorize the Manager to sign.
Jim Northup, Chief Information Officer, presented this item:
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BACKGROUND: In Fiscal Year 2017-18, funds were budgeted to create a scalable broadband
solution to foster innovation, drive job creation, stimulate economic growth, and serve new
areas of development in the community and also to provide a flexible menu of retail services
that offers new or enhanced service. Current estimates indicate that there are approximately
4,937 residential address points in underserved areas. The Service Area Map provided at
Attachment 2 depict these points,
• There are 2,342 residential address points in the underserved Service Areas 1, 2, and 3.
• There are 331 residential address points in Service Area 10
Orange County issued a Request for Proposals (RFP) to develop the next generation
broadband infrastructure needed to meet the needs of these unserved and underserved
residents. Multiple vendors submitted initial proposals covering some of the service areas.
Three of the four proposals suggested pilot projects to prove that an economically sustainable
business model would result.
The pilot projects outlined in the attached agreement will have a 36 month duration at which
time the projects will be re-evaluated for economic viability, with no obligation for continued
County support beyond what is stated in the contract.
This initiative is part of a multi-track effort to enhance broadband and internet service
technology to Orange County residents. Pending the results from these pilot efforts, similar
partnerships and investment are planned to expand service to other areas of the County, and
staff will continue to pursue all opportunities to expand these services to County residents.
FINANCIAL IMPACT: The purpose of the attached agreement is to better understand the
financial viability for a business to offer broadband services to the aforementioned service
areas. The proposal has investments by Open Broadband, LLC, and Orange County. The result
is that the County will incentivize Open Broadband to make capital investments in Orange
County in order for them to sustain service offerings for at least 36 months.
The total Pilot Program Funding amount is $500,000, broken down as follows:
• Pilot Program 1 consists of Service Areas 1, 2, and 3 as shown on the Service Area Map
with a cost of $385,280.
• Pilot Program 2 consists of Service Area 10 as shown on the Service Area Map with a
cost of $114,720 in order to remain within the overall budget.
It should be noted that the County is only granting funds for this public-private partnership and
will not own any equipment or be providing any services. Equipment and services will be wholly
owned and offered by Open Broadband, LLC and not by Orange County.
Jim Northup made the following PowerPoint presentation:
Broadband for Rural Orange County
Jim Northrup
Orange County Information Technologies
September 4, 2018
Service Area Map (map)
• One of the goals of this effort was to offer an incentive for internet service providers to
invest in broadband infrastructure and provide a model that can scale to encompass the
entire county
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• The term of 3 years for the pilot, speaks to how long the vendor must be able to sustain
this project not how long it will take to get the infrastructure installed for customer
signups.
• Much of the infrastructure should be up and running within the first 12 months.
• If the initial pilot is successful, additional investments could be made prior to the end of
the 3 year term.
• There are about 5,000 addresses in the underserved areas of the county
• 2,700 of addresses are addressed in this contract
• The test sites on the map are to ensure 90% coverage.
• 90% of the areas covered in the contract will be able to sign up for 25 down and 3 up
broadband service
• The first customer will be signed up within 6 months of contract execution
• Other speed and pricing offerings will also be available
This is a public private partnership where both the County AND Open Broadband, LLC are
making infrastructure investments. Beyond the initial investment, Open Broadband will be
continuing to invest in maintaining and adding to the initial infrastructure investment in order to
guarantee the service levels defined in the contract. More importantly, Open Broadband may
even expand the service areas based on adoption rate and on the success of these pilots.
Commissioner Jacobs said the public has raised questions, and asked Jim Northrup if
his presentation addressed these questions.
Jim Northup said yes, he answered the questions that he has received. He said
concerns were raised over the dots not included in the red circles, and he said the largest
concentration of unserved dots is in the western part of the County, and this will be address in
phase 2. He said there is no tower, or tall structure, in this area at this time. He said it is hoped
that vertical assets can be identified, and he will be working with a vendor to solve this issue.
Commissioner Jacobs asked if one will have to stop paying Century Link for DSL
services, and switch to this vendor once available.
Jim Northup said that would most likely be the case, and there will be a sign up page on
the vendor’s webpage.
Commissioner Jacobs said this is predicted to be 90% effective, and asked if there is a
way that one can know if one is part of the 10% that are not covered.
Jim Northup said it will be clear where the 10% is within the circle, and at that point,
perhaps the County could work with open broadband and make sure the public knows where
those areas are.
Commissioner Jacobs said one would be well advised to not drop one’s current provider
until one knows one can be serviced by broadband.
Jim Northup said yes, and as this service starts taking off then this would be an
alternative choice.
Commissioner Jacobs said it may be good to provide a disclaimer somewhere
referencing this point. He is unsure how one can know whether it works without trying it.
Jim Northup said one can have parallel providers.
Commissioner Price asked if clarification could be provided regarding who owns the
services/equipment.
John Roberts said the County will not own the equipment, but is the owner of the site
(e.g.: tower).
Commissioner Price asked if the County bows out of this process, once the services are
set up.
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Jim Northup said the County will always have an interest in the success of this project,
but once the contract is executed, the County will only be looking at performance monitors, and
making sure performance targets are hit to insure future payment.
Chair Dorosin referred to the area on the map where many are underserved, due to the
lack of vertical assets. He asked if that is a critically underserved area, can the County consider
building vertical assets in this area.
Jim Northup said the County has been doing communication tower studies with
Emergency Services independently of this, and if two birds can be killed with one stone, the
County will attempt to do so. He said a strata of these towers has been reserved for the County
to enable a low barrier for entry for a company to put something on the tower to improve
broadband. He said it is not just an issue of having the vertical asset, but being able to get
broadband to the vertical asset.
Commissioner Marcoplos asked if there is a minimum tower height that would be
required.
Jim Northup said about 100 feet tall.
Commissioner Marcoplos asked if the challenge is finding a space where this does not
stick out.
Jim Northup said no, the challenge is just finding a site.
Commissioner Marcoplos asked if satellite technology will work in the near future.
Jim Northup said this will not solve the rural broadband issue, as there is a bandwidth
limit. He said within this model, there is no bandwidth limit. He said this is an affordable
solution for rural residents.
PUBLIC COMMENT:
Tony Blake said he was pleased to be a part of the request for proposal (RFP) team,
and he supports this solution. He thinks that the County should pencil something into the
Capital Investment Plan (CIP) for expansion. He said another issue is digital literacy, and
scammers are a big problem. He said he hopes the County would ask Open Broadband to
provide this digital literacy resource to protect residents’ privacy.
Bonnie Hauser said she lives in the unserved area, but she is excited about this pilot
program anyway.
Kevin McNamara said he is in support of this pilot project, and echoed the importance of
Internet speeds up to 25 megabytes.
Commissioner Jacobs thanked Jim Northup and the people that worked with him on this
project.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs for the
Board to approve and authorize the Manager to sign the attached contract.
VOTE: UNANIMOUS
b. Authorization for the Chair to Sign a Letter Regarding Measures to Address the
State Funding Shortfall in the Durham-Orange Light Rail Project
The Board considered authorizing the Chair to sign a letter to the GoTriangle Board of
Trustees affirming Orange County’s current funding commitment to the Durham-Orange Light
Rail Project ($149.5 million) and communicating a tentative agreement between Orange County
and Durham County to use Durham County dedicated transit revenues to supplant reduced
State funding.
Travis Myren presented the item below:
PURPOSE:
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To consider authorizing the Chair to sign a letter to the GoTriangle Board of Trustees affirming
Orange County’s current funding commitment to the Durham-Orange Light Rail Project ($149.5
million) and communicating a tentative agreement between Orange County and Durham County
to use Durham County dedicated transit revenues to supplant reduced State funding.
BACKGROUND:
In April 2017, the Board of Orange County Commissioners approved an Interlocal Agreement
for Cost Sharing for the Durham-Orange Light Rail Transit Project. The parties to this
Agreement are Orange County, Durham County, and GoTriangle.
The Cost Sharing Agreement, along with the Orange County Transit Plan, specifies the amount
of dedicated local transit revenue1 that each County will contribute to the light rail project.
Orange County’s contribution is $149.5 million in year of expenditure dollars while Durham
County’s contribution is $738.4 million.
1 Dedicated local transit revenue includes revenue produced by the Article 43 ½ cent Transit
Sales Tax, Article 50 five percent (5%) vehicle rental tax, Article 51 three dollar ($3)
GoTriangle Regional Vehicle Registration Fee, and the Article 52 seven dollar ($7) County
vehicle registration fee.
The Cost Sharing Agreement also specifies a decision making and dispute resolution process
for changes that may occur in either project revenues or expenditures. In the event of a material
change in revenue, the parties are obligated to meet within fifteen (15) business days to discuss
measures to address the shortfall. During the adoption of the State Budget, the North Carolina
General Assembly placed several limitations on the Light Rail Project. One of these limitations
was to limit the maximum amount of State funding to $190 million. The light rail financial model
that was included in the Orange County Transit Plan and the Cost Sharing Agreement assumed
a total State contribution of ten percent (10%) or $247.6 million. The $190 million limitation
created a shortfall of $57.6 million.
Consistent with the terms of the Cost Sharing Agreement, the parties convened an initial
meeting on June 21, 2018 to begin discussing potential solutions to the funding shortfall.
Orange County was represented by BOCC Chair Mark Dorosin and Commissioner Mark
Marcoplos who met throughout the summer with two representatives from Durham County.
Using updated financial modeling, GoTriangle demonstrated that Durham County’s dedicated
transit revenues were sufficient to compensate for the $57.6 million revenue shortfall created by
the State. The negotiating team agreed to present this solution to their respective governing
boards prior to September 7, 2018 when GoTriangle is required to submit a project progress
document to the Federal Transit Administration.
The negotiated solution for Durham County to commit additional dedicated transit revenue is
recognized in two letters, one from the Chair of the Durham County Board of Commissioners
and one from the Chair of the Orange County Board of Commissioners. Both of these letters are
attached. The Durham County Board of Commissioners considered and approved its letter on
August 27, 2018.
Both Orange and Durham counties will be asked to formally amend the Cost Sharing
Agreement and each County’s Transit Plan to codify the change in funding commitments on a
schedule that supports GoTriangle’s application for a September 2019 Full Funding Grant
Agreement.
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FINANCIAL IMPACT: The negotiated agreement between Orange County, Durham County,
and GoTriangle does not create new financial obligations for Orange County. Orange County’s
contribution to the Durham-Orange Light Rail Project would remain at $149.5 million in year of
expenditure dollars.
Travis Myren made the following PowerPoint presentation:
Durham-Orange Light Rail Project State Funding Gap
Board of Orange County Commissioners
Whitted Meeting Facility
September 4, 2018
Purpose
• To Authorize the Chair to Sign the Letter Attached to Abstract (Attachment 1)
o Affirming Orange County’s $149.5 million Financial Commitment to the Durham-
Orange Light Rail Project
o Communicating a Solution to the Funding Shortfall Created by the State Budget
using Durham County Dedicated Transit Revenue
Background
• Interlocal Cost Sharing Agreement & Orange County Transit Plan
o Cost Sharing Agreement Parties
Orange County
Durham County
GoTriangle
o Adopted by the Board in April 2017
o Established Financial Obligations and Decision Making Framework for Changes
Interlocal Cost Sharing Agreement
• Decision Making Framework for Changes
o Revenue Shortfalls Requiring Additional Local Funds
Federal, State, Private, Local Revenues
Parties meet within 15 business days to address the changes
o Cost Overruns or Unmitigated Shortfalls
Decrease in Transit Revenues – 5% or more
Increase in Capital Cost – 5% or more
Increase in Operating Cost – 5% or more
Parties meet within 15 business days to address the situation
Board of Commissioners Statement
• Board of Commissioners Statement
o Adopted June 5, 2018
o Affirmed Orange County’s Commitment to Limit the County’s contribution to
$149.5 million
State Budget Changes
• State Budget Provisions
o All Non-Federal Funds Committed by April 30, 2019
o Federal Funds Committed by November 30, 2019
o $190 million Limit on State Contribution
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Created a $57.6 million funding gap
Triggered the Revenue Shortfall Provision of Cost Sharing Agreement
Parties Initially Met on June 21 within the 15 day window
Parties Continued to Meet Over the Summer
Orange County Transit Plan – Cash Balances (graph)
Negotiated Solution to State Funding Gap (graph)
• Durham County Dedicated Local Revenue
o Fills $57.6 million funding gap
Next Steps
• FTA Progress Report due September 7, 2018
• Letters Reporting Negotiated Solution
o Durham County Unanimously Adopted on August 27, 2018
o Board of Orange County Commissioner Consideration Sept. 4
• Amend Cost Sharing Agreement and Transit Plan
o Late 2018 - Early 2019
Manager’s Recommendation
• To Authorize the Chair to Sign the Letter Attached to Abstract (Attachment 1)
o Affirming Orange County’s $149.5 million Financial Commitment to the Durham-
Orange Light Rail Project
o Communicating a Solution to the Funding Shortfall Created by the State Budget
using Durham County Dedicated Transit Revenue
Commissioner Marcoplos made a few corrections to the PowerPoint.
Commissioner Jacobs asked if any other changes are proposed.
Travis Myren said not at this time.
Commissioner Price clarified that this will be addressed again at end of year, and asked
if there is a specific reason for this.
Travis Myren said over the next couple of months, the Federal Transit Authority (FTA)
will be doing a risk assessment of the project, and if there are any changes to be made, there
will time to do so.
PUBLIC COMMENT:
Charles Humble read the following comments:
I speak tonight on behalf of many individuals and community organizations who would like an
update on the state of Durham-Orange Light Rail project. The $57 million shortfall in state
funding is one of many changes that have come up since you approved it last year. Since the
submission for federal funding is around the corner, this is a good time for Orange County to
step back and see where we are.
As we have stated before, we strongly support public transportation; we just want it to serve
more of the public. The original light rail plan to connect the Triangle would have served more
people. The current one, not so many. Now, the project limits service to a single corridor from
UNC and Durham, and jeopardizes Orange County’s larger transit program.
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In the interest of time, I won’t go into detail on reductions in bust services nor discuss the failure
to serve Orange County’s downtown districts or growth centers. What we need at this point is to
revisit the financial history of this project. Specifically:
• Local costs have more than quadrupled from $400 million in 2012 to now over $1.8
billion
• Changes in state and federal funding have required planners to assume nearly a billion
dollars in debt to make the project economics work
• The project will tie up our transit dollars for decades under even the rosiest of scenarios
that GoTriangle presented to you early last year
The $57 million shortfall that Durham has agreed to fill is only one of several new critical
problems facing the project. Another is the substantial shortfall in revenues from dedicated
transit taxes and fees. Our financial advisors (Davenport) warned us that this would likely
happen. Now we can see just how unsupported the original budgets were. We ask that the
current County Commissioners retain Davenport to re-analyze the financial data for DOLRT so
that the next Commission will have the best possible information to inform the looming decisions
regarding whether and how to proceed with this project.
My colleague and friend, John Morris wants to expand on this topic.
Charles Humble
John Morris said Davenport provided very valuable information eighteen months ago.
He said federal funding is at risk as the federal government as made a policy to fund no new
light rail projects that have not already received a binding commitment, which this project has
not. He said this project is the lowest ranked priority project in all the projects that applied for
FTA funding at the same time, and is the most expensive of all the projects, making a favorable
decision unlikely. He said constructions costs are rapidly, as are interest rates. He said an
independent evaluation is needed regarding these new trends. He said it is possible that the
land given by UNC and NCCU will be considered a state donation, and thus subtracted from the
$190 million maximum state contribution. He said as planning proceeds, changes are needed,
such as elevating the track near the Duke University Medical System, to the tune of $90 million.
He said cost increases are inevitable in the planning process, and more should be suspected.
He said the use of public transit is decreasing nationwide, and the result will be lower fare
income to offset the operational costs. He said GoTriangle is unresponsive and the need for
independent analysis is even more important.
Commissioner McKee referred to the mention of the $90 million elevated track, and
asked if this is a new expense.
John Tallmadge, GoTriangle Regional Services Development Director, said the $90
million is part of the work that has been done to progress the design from 30% to 50%. He said
it is part of the 50% design cost; the transition of some unknowns that were in contingency in
April 2017; value engineering decisions to accommodate the changes within the budget, which
remains at $2.476 billion.
Commissioner McKee clarified that the $90 million, and any other additional expenses,
have been off set by value engineering and or reductions in other areas.
John Tallmadge said yes.
Commissioner McKee asked if there are any surprises on the radar. He said there is a
huge amount of infrastructure between Chapel Hill and Durham, and asked if this will lead to
any surprised.
John Tallmadge said the risk assessment, which Travis Myren described, includes FTA
assessment of whether there is sufficient contingency left in the budget currently. He said this
is a potential change that is hanging out there.
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Commissioner McKee said the Board is aware of the Transportation Infrastructure
Finance and Innovation Act (TIFIA) loans that will be required, and asked if there is any
possibility that the proceeds for the loans will be considered part of the federal reimbursement,
or cash support.
John Tallmadge said no; the capital investment grant (CIG) program allows for up to
80% of the project costs to come from federal sources, but only 50% can come from the CIG
grant. He said this allows a TIFIA loan to be brought in, as well as other grant sources.
Commissioner McKee repeated that there is no possibility that TIFIA loans will reduce
the cash outlay from the federal government.
John Tallmadge said from the information that he has, and the conversations that
GoTriangle has had with the FTA, he does not see this as a possibility.
Commissioner McKee said this project is working on a razor’s edge, and he will support
this action tonight though he thinks this is a boondoggle. He said he is not sure Durham will be
able to pick up anther shortfall, and he is worried with the continual evolution of this project and
the escalation of costs that there will come a time where costs cannot be value engineered out.
Commissioner McKee asked if GoTriangle is still standing by its sales tax projections.
John Tallmadge said Moody’s did the original projections, and will be going back to them
for refreshed projections; but as of now, yes.
Commissioner Rich referred to the public comment, which identified this project as the
FTA’s lowest rated project. She asked if this is accurate.
John Tallmadge said he has not heard that, and the information being submitted
currently, is part of the FTA’s annual report, where all projects are reviewed and scored. He
said scores have not changed since last year.
Commissioner McKee said arrived late this evening, but he intended to petition to have
Davenport look at the sales tax projections, and overall financial outlook, again. He said he will
not make that petition.
Commissioner Marcoplos proposed a friendly amendment in order to ask what is the
state of Orange County’s sales tax revenue, and if it is a problem, have a reassessment of the
projections.
Commissioner McKee agreed, and said he wants to make sure the County does not find
itself in a corner from which it cannot escape. He referred to the private fundraising, and asked
if there is an update, and how much is in cash.
John Tallmadge said this campaign remains active, and since this is a private non-profit,
he does not feel comfortable divulging this information, but there has been great interest in the
project.
Commissioner McKee said he is disappointed that the Board cannot at least get an idea
of the fundraising efforts.
Chair Dorosin summarized that over the next couple of months the cost sharing
agreement will need to be amended, and a lot of questions will be answered during that
process. He said the Board wants to be good stewards of funds, and he is pleased with the
negotiation and partnership process with Durham and other partners. He said having this letter
signed will be an important step in the private fundraising process.
A motion was made by Commissioner Burroughs, seconded by Commissioner Rich for
the Board to authorize the Chair to sign the attached letter to GoTriangle affirming Orange
County’s financial commitment and communicating a solution to the funding shortfall created by
the State budget.
VOTE: UNANIMOUS
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Commissioner Rich thanked Chair Dorosin and Commissioner Marcoplos for their
diligence this past summer on this item.
Commissioner Jacobs asked if a written response was ever received from GoTriangle
regarding the Hillsborough passenger station.
Bonnie Hammersley said no.
Commissioner Jacobs said this is long overdue, and the voters need to be clearly
informed.
Commissioner Marcoplos referred to the GoTriangle youth go pass, and asked if these
are available at the Chapel Hill library.
John Tallmadge said not yet, but GoTriangle is in discussions with library staff.
c. Resolution Approving a Policy of Additional Inspections for Residential Projects
The Board considered a proposed resolution approving the Orange County’s Inspections
Division to perform additional code enforcement inspections for residential projects by policy,
similar to the County’s current level of service and number of specific inspections, and authorize
the Chair to sign.
Michael Rettie, Chief Building Officer, reviewed the following information:
BACKGROUND:
As allowed by Session Law 2013-118, the Orange County Inspections Division has submitted a
request to the North Carolina Department of Insurance to have additional Inspections approved
(see highlighted section of Attachment 2). Staff has been instructed by the North Carolina
Building Code Council to solicit approval from the Orange County Board of Commissioners for
the additional Building Code enforcement inspections. The Orange County Inspections Division
requests to add an additional 35 specific inspection types (as the County has done historically),
which would serve to facilitate a more systematic, timely and efficient inspection process.
The requested inspections are essentially an expansion of the eight listed inspections identified
in the NC Administrative Code and Policy into natural subcategories or parts, which are
currently verified together under each macro-inspection type. Staff has listed these additional
inspections with how each relates to the eight listed inspection types in Exhibit 2 to the
proposed resolution.
The proposed policy would ensure that builders and subcontractors have the flexibility and
control over the scheduling and sequence of inspections when, in the construction schedule and
process, the issue is most efficiently verified and repairs can be effectively made with minimal
cost or delay. The Orange County Inspections Division, as well as those being served, would
benefit by having certain components available for inspection when most accessible for
verification.
These inspections are intended to facilitate better construction projects by fostering a mutually
beneficial partnership between the building community and Inspections Division. The additional
inspections allow builders to choose the needed inspections individually, in combinations and
when they are most efficient to a project, which could help manage project costs. The Orange
County Inspections Division would have a greater variety of inspections for Building Safety
Officials to verify the multitude of elements and also offer more options to record the result each
inspection. Staff has been in contact with the Home Builders Association, which understands
the logic of the proposal, which is similar to the County’s historic inspections suite of service.
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Commissioner Marcoplos said this is a really good policy, and the flexibility that Orange
County provides is second to none, and this institutionalizes it. He thanked staff for the work it
has done.
Commissioner Price asked if the inspections will be the same, just completed at
different times.
Michael Rettie said yes, this will allow the builder and the County to spread the
inspections out in a more uniform, sequential manner. He said it also provides flexibility in
offering partial approvals, or non-critical items to another phase.
A motion as made by Commissioner Price, seconded by Commissioner Jacobs for the
Board to approve and authorize the Chair to sign the attached Resolution, with associated
exhibits, provided at Attachment 1.
VOTE: UNANIMOUS
Added item:
d. Regarding Land Use Plan Amendments – Process to Expand Hillsborough
Economic Development Area (EDD)
Tom Altieri, Transportation Planning, gave a brief intro:
TO: Board of County Commissioners
FROM: Craig Benedict, Orange County Planning Director
Tom Altieri, Comprehensive Planning Supervisor
DATE: August 15, 2018
SUBJECT: Land Use Plan Amendments – Process to Expand Hillsborough
Economic Development Area (EDD)
In September 2017, the BOCC approved an Amendment Outline Form authorizing staff to
proceed in processing amendments to expand the Hillsborough area EDD through a Joint Land
Use Plan amendment, which requires approvals by the Town of Hillsborough and Orange
County, and a companion County Comprehensive Plan amendment. These amendments were
triggered by the County’s request to expand the Hillsborough Primary Service Area, as provided
by the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA).
However, the amendments to expand the EDD were postponed to allow for additional
coordination between the Town and County to gain a better and mutual understanding of the
desired future land uses for the area. Later, the amendments were further postponed to learn
more about the Settlers Point development application, which covered lands directly to the north
and adjacent to the proposed area for EDD expansion as discussed herein.
An update similar to this was provided to the BOCC on January 23, 2018.
February 22, 2018 BOCC/Hillsborough Board of Commissioners Joint Meeting: The Boards
discussed several Economic Development related topics, one of which was extension of the
WASMPBA boundary and Land Use Plan amendments to expand the Hillsborough EDD area.
The outcomes of discussions were for the Town to continue processing the Joint Land Use Plan
amendment and for the County to hold a public education meeting and consider its respective
amendments in the fall.
Link to Joint Meeting Minutes (See pp. 12-13):
http://www4.orangecountync.gov/WebLink/DocView.aspx?id=51872
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Hillsborough Approval of Joint Land Use Plan Amendment Completed: As discussed at the
aforementioned Joint Meeting, the Town continued its portion of the amendment process and
approved the amendment to the Joint Land Use Plan in March 2018. The amendment now
requires County consideration and approval to become effective.
Orange County Concluding Process to Consider Land Use Plan Amendments to Expand
Hillsborough EDD:
2018
BOCC Information Item Sept. 4
Public Notification Mailed Sept. 14
Two-Part Public Outreach Meeting: Sept. 26
1. “Planning 101” General Public Ed. Seminar
2. EDD Expansion Information Planning Board Recommendation Oct. 3
BOCC Public Hearing Nov. 1
Planning Staff will provide subsequent notice to the BOCC with details of the Planning 101
Public Education and EDD Expansion Information Meeting to be held September 26. It will also
seek assistance from the Orange County Department of Community Relations to help notify the
public of the Planning 101 portion of the meeting. Consistent with County Ordinance, notification
of the Public Information Meeting will be mailed to affected property owners, as well as owners
of property within 1000’ of the amendment area.
Review of Amendment Specifics: Maps identifying the amendment area and proposed land use
classifications are attached. Planning Staff is not recommending any rezoning at this time.
Currently, the area is zoned Rural Residential (R-1). Following are the definitions of the
applicable future land use classifications:
Joint* Land Use Plan Future Land Use Classification
“Suburban Office Complex” – These areas provide opportunities to for office and
employment enterprises which do not rely on walk-in customers or have a manufacturing
component. Businesses may be large or small but will generally arrange themselves in a
campus setting with limited walkability and supporting services. Developments of this
type should be kept small in nature to limit the peak transportation impact and limited
vitality.
Orange County Comprehensive Plan Future Land Use Classification
“Economic Development Transition Activity Node” - Land in areas of the County which
has been specifically targeted for economic development activity consisting of light
industrial, distribution, office, service/retail uses, and flex space (typically one story
buildings designed, constructed, and marketed as suitable for use as offices but able to
accommodate other uses such as a warehouse, showroom, manufacturing assembly, or
similar operations.) Such areas are located adjacent to interstate and major arterial
highways, and subject to special design criteria and performance standards.
*Approved by Hillsborough March 2018
Commissioner Jacobs said he thinks this approach is a bad idea. He said, firstly, the
residents in this area were unhappy with the way this area was already zoned, and the County
tried to work with them to offer education and ameliorate the effects of Settlers’ Point. He said
coming back this quickly, with more commercial development possibilities and more re-zoning,
is insensitive and premature. He said, secondly, the County should reestablish its relationship
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with Hillsborough. He said when the Town of Hillsborough annexes a property it does not want
to have approved development standards, because if the Town annexes a property, it can
change the zoning and the uses. He referred to the letter from Orange County Schools (OCS)
to the Town of Hillsborough about the Collins Ridge Development being unable to
accommodate school buses. He said the response from the Town was that this was not the
Town’s problem. He said this is not the type of partner relationship that should exist between
the County and the Town. He said, thirdly, the Board of County Commissioners represents
people in non-urban Orange County, and if the County allows Hillsborough annex, and make
changes without County input, the residents in the annexed areas will not even have the benefit
of their elected officials being able to comment, other than in a courtesy review capacity.
Commissioner Jacobs suggested either setting up a group of elected officials from the
two boards, or waiting until the annual joint meeting in February. He asked if this issue is time
sensitive.
Tom Altieri said it is not, but will need to come to a conclusion at some point, due to
water and sewer amendments, which become effective once the land use changes have been
made.
Commissioner Jacobs said the simplest way to discuss this is to be in the same room
with Hillsborough, noting the lack of respect that the non-urban residents get from Hillsborough.
He said if Orange County does not do this, then no one will do it.
Commissioner Jacobs said there is a Joint Planning Agreement (JPA) of sorts with
Hillsborough, and it was agreed that there would be the same development standards in each
jurisdiction when annexation occurs. He said if Hillsborough is going to change its policy then
the JPA should be revisited.
Commissioner McKee said there is something about this argument that is the same
argument that has stopped development in Orange County for the past 30 years. He said this
conversation with Hillsborough should be two way. He said he is less than inclined to be more
than respectfully accommodating. He said if an Economic Development District (EDD) exists,
he does not understand why it would not be fully used.
Chair Dorosin said he does not understand, and asked if Hillsborough has already done
something in defiance of the agreement. He said he thought everyone was on the same page
about Settlers’ Point. He asked Commissioner Jacobs if he believes Hillsborough will annex the
property and change it all around. He said he feels that the outline in this evening’s memo
seems like a process that came out of past meetings.
Commissioner Jacobs said the agreement with the Buckhorn EDD – with Mebane – is
that development within the EDD takes place under Orange County development standards,
and then the town annexes. He said he thought that was also the agreement with Hillsborough,
but it is his understanding that Hillsborough is telling the developers of Settlers Point that it does
not like some part of the development, and thus will withhold water and sewer. He said this is
holding developers hostage. He said he would like more information, and it is unclear to him if
Hillsborough even cares about what the County approves in areas that Hillsborough will
ultimately annex. He said he would like to the think that the County’s plans/input do matter.
Commissioner Jacobs said, secondly, this could be part of the EDD, but it is not; so this
is not a matter of one blocking development. He said the County has to be sensitive to this
neighborhood, and maybe there is a difference between what is being done on the west side of
old 86 (impacting the Davis Road community), and what is being done on the east side. He
said on the east side the original plan was for senior housing, which is better for schools, and
the Town of Hillsborough said no. He said there is not great communication, and any leverage
that the County has is about to be lost. He said rather than moving ahead, he would like to
know what is going on, and give the residents a chance to breathe. He said the County could
do better explaining things to the residents.
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Commissioner McKee said does not dispute Commissioner Jacobs’ comments, but he is
reluctant to believe that there will be an awakening in Hillsborough that will change its course of
thinking. He said two years ago, when he was BOCC Chair, he knew that Hillsborough was
against this Settlers Point, since it is seen as competition to downtown Hillsborough.
Commissioner McKee said he would be reluctant to lose what little inertia that does exist
currently.
Commissioner McKee referred to the Eno EDD, and said Durham is irrelevant, as it is
such a small area of the EDD. He said he does not expect Durham to be very accommodating.
He said he can recall Boards from 30-35 years ago being adamantly opposed to any
commercial development in Orange County, and the County’s dependence on the residential
tax base is evidence of this. He said he understands the desire to be sensitive to the
community, but there will be people who are upset no matter when this development proceeds.
Commissioner Marcoplos said both Commissioners Jacobs and McKee have made
good points, and he suggests taking a couple of weeks to have a conversation with
Hillsborough to determine the cleanest hand off. He said this matter is not hugely time
sensitive, and he has to believe that this can be figured out.
Chair Dorosin referred to the two maps: the first one being Hillsborough’s land use plan,
which approves 84 acres to be suburban/office. He said the second map, which shows roughly
the same acreage, and the County is considering making this a proposed EDD transition area.
Tom Altieri said yes, consistent with the properties to the north in red.
Chair Dorosin asked if there are inconsistencies between these two maps/plans. He
said Commissioner Jacobs is expressing concern that the Town of Hillsborough will change the
use of the parcel, post annexation, which would be within the Town’s right to do. He asked if
there is there some inconsistency already on the map.
Commissioner Jacobs said no, the only inconsistency is that some of it zoned this way,
and some it is not. He said it has to be changed, by the County, to be consistent with what is
north of it, and for the County to do so is different than what was communicated to the residents
previously. He said once the land is annexed, the County will no longer be at the table to
represent the residents’ interests, and that is why he would like to see a conversation occur.
Chair Dorosin said he is hearing two concerns, the first of which is Orange County’s
rezoning and timing of this, and it seems that the timing is not urgent.
Tom Altieri said he has heard the terms zoning and rezoning brought up, and really they
are talking about changes to the future land use maps, which provide a very general vision. He
said to implement this vision one has to start a re-zoning process, getting into specifics such as
the permitted use table, etc. He said there is no proposal at this time to re-zone this area. He
said it is currently zoned rural residential, and the area to the north contains an EDD zoning,
and the area to the south is rural buffer.
Tom Altieri said this gets the developer one step closer to a re-zoning, but this would
have to go through many hoops first.
Commissioner Price said out of respect for the residents, there should be some
conversation on this topic and the plan moving forward.
Commissioner Burroughs asked if that is not the point of the public meetings.
Tom Altieri said yes, that is the intent. He said this has been done in the past, and the
proposal has not changed, but only the timing of when the process will be carried out.
Commissioner Price said she was referring to further conversation with Hillsborough.
Commissioner Rich said this has been discussed this for quite some time, and with all
due respect, she does not think it is due to lack of conversation with Hillsborough and the
residents in the area. She asked if residents have been notified of the proposal.
Tom Altieri said yes. He said the process has been ongoing for over a year, and it has
been a bit confusing with property owners previously, due to the developer’s application, and
some misunderstanding over zoning and land uses.
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Commissioner Rich said she understands Commissioner Jacobs’ concerns, and it is
worthy of a conversation with Hillsborough to clear this issue up. She said it is important for
Hillsborough to know how Orange County feels, but she does not want to delay this project.
Chair Dorosin suggested getting information from Hillsborough and its future plans for
this area, by having Bonnie Hammersley communicate with the Town Manager by September
20th, the next regular BOCC meeting. He said once this information is received, the Board can
look at a timetable and whether to keep it as is, or slow it down. He said there is momentum,
and he would like to see it continue. He said the BOCC has a work session on September 6th
and there is a discussion on EDDs. He said this topic could be wrapped into that discussion.
He said to hold off for now on the proposed schedule in the memo.
Bonnie Hammersley said she will bring information back on the 20th.
7. Reports
a. Northern Campus Capital Project Progress Update
The Board received a report on the progress of the Orange County Northern Campus
capital project. The update will include information regarding:
a) the execution of a professional services agreement amendment to Moseley Architects,
the designers of the Detention Center, as delegated to the Manager by the Board on
June 19, 2018;
b) the execution of a professional services agreement amendment to HH Architects, the
designers of the Environment and Agriculture Center and Park Operations Base, as
delegated to the Manager by the Board on June 19, 2018;
c) the award and execution of the Construction Manager at Risk (“CMAR”) Agreement to
Bordeaux Construction of Raleigh, NC as delegated to the Manager by the Board on
June 19, 2018; and
d) a progress report on the project provided by Bordeaux Construction.
Bonnie Hammersley reviewed the purpose and background:
PURPOSE:
To receive a report on the progress of the Orange County Northern Campus capital project. The
update will include information regarding:
a) the execution of a professional services agreement amendment to Moseley Architects,
the designers of the Detention Center, as delegated to the Manager by the Board on
June 19, 2018;
b) the execution of a professional services agreement amendment to HH Architects, the
designers of the Environment and Agriculture Center and Park Operations Base, as
delegated to the Manager by the Board on June 19, 2018;
c) the award and execution of the Construction Manager at Risk (“CMAR”) Agreement to
Bordeaux Construction of Raleigh, NC as delegated to the Manager by the Board on
June 19, 2018; and
d) a progress report on the project provided by Bordeaux Construction.
BACKGROUND:
On April 3, 2018, the Board of Orange County Commissioners authorized the acquisition of
approximately 21 acres of property to serve as the site for the Orange County Northern
Campus. This campus location contemplates housing the Orange County Detention Center,
Environment and Agriculture Center (“EAC”), and the Park Operations Base.
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On June 19, 2018, the Board authorized the Manager to amend existing design agreements
with Moseley Architects, the Detention Center designer, and HH Architects, the EAC designer,
that would align the professional design services with the Northern Campus site and the
addition of the Park Operations Base. The fee for Moseley Architects is amended from $1.418
million to a not to exceed $1.647 million for the detention center and major site construction for
the overall campus. The difference in the fee relates to the major site work associated with the
Northern Campus. The Moseley Architects amendment is located in Attachment 1.
The fee for HH Architects is amended from $214,000 to a not to not to exceed $518,000 for the
EAC, Park Operations Base, Construction Administration, and related minor site construction
more specific to these facilities. The difference in the fee relates to the addition of the Park
Operations Base components of the Northern Campus Project and the addition of Construction
Administration services once construction begins. The HH Amendment is located in Attachment
2. The total not to exceed professional services fees for the two designers is $2.165 million or
8.87% of the estimated construction budget of $24.4 million.
The Board also authorized the Manager to continue the selection process of the Construction
Manager at Risk (“CMAR”) over the summer break. Upon the solicitation of the May 23, 2018
Request for Qualifications, two firms responded and were interviewed by a staff panel of
stakeholders representing the County Manager’s Office, the Sheriff’s Office, the Department of
Environment, Agriculture, Parks and Recreation (“DEAPR”), the Orange County Cooperative
Extension Office, Asset Management Services, and Finance & Administrative Services. The
panel recommended Bordeaux Construction of Raleigh, NC to negotiate with the County for its
services as the overall project’s Construction Manager at Risk, and the resulting CMAR
agreement is located in Attachment 3.
The CMAR is a delivery approach in which a construction management firm acts as an owner's
consultant during the pre-development phase of the project. During this process, the owner of
the project will rely on the CMAR to contract multiple subcontractors and is acknowledged as
the sole point of responsibility for the project delivery. During this process, the CMAR
possesses the role of hiring the subcontractors who will eventually develop the project. A CMAR
will establish a GMP or guaranteed maximum price from subcontractors once the project has
been designed. The final construction price is the sum of the CMAR's fee, the subcontractors’
bids, and allowances.
The CMAR is responsible for managing all subcontracts during the pre-development stage as
well as execution stage. The CMAR is responsible for assisting the owner in the following areas:
• Construction Schedule
• Project Budget
• Cash Flow Analysis
• Discussion and acceptance of Means and Methods
• Value Engineering
• Cost Projects
During the early stages of a project, the focus of the CMAR will be on cost control and schedule
coordination, but once the project kicks off, its role will turn to design, structure and execution
issues. The projected timeline for this project is as follows:
Activity Estimated Date Range
Stakeholder Input, Site Design and Review Activities Summer, Fall, Winter, 2018
Schematic Design Review with the BOCC November, 2018
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Program Completed, GMP Presentation to BOCC March-May, 2019
Construction Period Summer, 2019 – Summer, 2021
Occupation Fall, 2021
Bonnie Hammersley introduced Blair Bordeaux, Construction Manager at Risk (CMAR),
saying he will be the face of this project.
Blair Bordeaux said he is the president of Bordeaux Construction, who has been working
on the pre-construction phase. He said the next 30-60 days will be spent digging into the
budget, building on sites, feed back to designers, etc.
Blair Bordeaux introduced Carl Davis to talk about diversity in sub-contracting.
Carl Davis, Right Build International, said before they were builders they were
consultants in the areas of minority participation, tracking and monitoring; conflict resolution;
and workforce development. He said his company has run workforce programs throughout the
state, and started with Durham’s Capital Improvement projects in 2005, including the Durham
Performing Arts Center. He said they couple a workforce program with minority outreach, and
will report back to the County as requested by the Manager. He said they have worked with
Blair Bordeaux for a long time, and they are a team. He said they keep one foot in the
community for outreach, and plan to reach out to organizations such as Empowerment,
Compass Center, NC Works, Orange County Housing Authority, etc.
Blair Bordeaux said they understand the type of financial impact that a project like this
has on the County, and he said Carl Davis’ role is really focus on the local involvement
workforce development in the specific area. He said he has heard the politics of the facility, and
seeks to maximize the financial impact it can bring to this area. He said his staff will be from 5-
10 people from a construction side, and Carl Davis can dive deep and focus on workforce
development and minority participation. He said they have committed minority business goals
of 20%, and an Orange County workforce development goal of 30%.
Carl Davis said the 30% commitment is on new hires for the project, and would not affect
existing staff.
Bonnie Hammersley said floor plans will be presented to the Board of County
Commissioners at the November 8th work session.
Chair Dorosin asked if the monthly reports will be shared with the BOCC, via the
Manager.
Bonnie Hammersley said yes.
8. Consent Agenda
• Removal of Any Items from Consent Agenda
Commissioner Price: items e, g, n, q
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
approve the remaining items on the agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
8-e Tax Collector’s Annual Settlement for Fiscal Year 2017-18
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The Board received the tax collector’s annual settlement on current and delinquent
taxes, consider approving by resolution the accounting thereof, upon acceptance of the reports,
issue the Order to Collect for Fiscal Year 2018-2019, and authorize the Chair to sign.
Commissioner Price asked if Orange County has always collected from real and
personal property taxes from Mebane City.
Bonnie Hammersley said this is the second year, which is outlined on page two of the
abstract.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
approve the tax collector’s annual settlement on current and delinquent taxes, consider
approving by resolution the accounting thereof, upon acceptance of the reports, issue the Order
to Collect for Fiscal Year 2018-2019, and authorize the Chair to sign.
VOTE: UNANIMOUS
8-g- Ratification – Conservation Easement for Tunnel’s End Horse Farm
The Board considered ratifying the County Manager’s decision to accept an agricultural
conservation easement for Tunnel’s End Horse Farm.
Commissioner Jacobs said whenever someone is generous enough to make a
conservation easement, he urged the Board to put it on regular agenda to recognize them,
unless they prefer to go unrecognized.
Kim Livingston, DEAPR, reviewed the following information:
Ratification Request
Tunnel’s End Horse Farm Conservation Easement
Orange County Lands Legacy Program
The purpose of this agenda item is to consider ratifying the acceptance of the County Manger’s
decision to accept an agricultural conservation easement for Tunnel’s End Horse Farm.
Ms. Wegner contacted the County just before the Board of County Commissioners’ summer
break and expressed her wishes to donate to the County a conservation easement on her 16-
acre horse farm in an expedited fashion due to health reasons. Tunnel’s End Horse Farm is
located on Walnut Grove Church Road (Cedar Grove Township) just south of the Underwood
property, which is under an Orange County conservation easement. Given the extenuating
circumstances, the County Manager, after consulting with the Chair and Vice-Chair, accepted
this conservation easement, which closed on August 15, 2018.
Tunnel End Horse Farm
• 16-acre horse farm
• 200-feet South Fork Little River frontage
• Little River Protected Watershed
• 500-feet upstream of two Natural Heritage areas: South Fork Little River Marsh and Little
River Aquatic Habitat
This property has significant conservation values. It is within a priority watershed for acquiring
agricultural easements in a dual effort to protect prime farmland and drinking water quality
Ms. Wegner donated a permanent conservation easement that restricts future development to
protect prime farmland and streams, as well as scenic views of the farmland from Walnut Grove
Church Road. There is one existing residence on the property. The easement prohibits future
subdivision of the property and protects forested stream buffers located on the farm. Future
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farm activities will be in accordance with a Conservation Plan prepared for this farm by the
Orange Soil & Water Conservation District.
Financial Impact:
Landowner Donation
Orange County (Lands Legacy) $ 2,551
The owner of Tunnel’s End Horse Farm donated the conservation easement to Orange County.
The cost to the County was $2,551 in transaction costs, including title search and closing fees.
Those funds came from existing funds budgeted in the Conservation Easements Capital
Project.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
approve ratifying the County Manager’s decision to accept an agricultural conservation
easement for Tunnel’s End Horse Farm.
VOTE: UNANIMOUS
8-n Orange County Arts Commission – Proposed Change to the Membership-
Reclassifying an At-Large Position on the Arts Commission to a Student Liaison
Position
The Board considered approving a proposed change in the Arts Commission’s
membership roster, reclassifying an At Large Position to a Student Liaison position with a one-
year term.
Commissioner Price said UNC is not the only institution of higher learning, and perhaps
a student from Durham Tech could be involved via an additional at-large seat.
Katie Murray said that is a good idea, and the reasoning for looking at UNC is to bridge
the arts communities on and off campus. She said she has not worked much with Durham
Tech, but she would be willing to look into this.
Commissioner Price said she would like to motion that Katie Murray investigate options
for student involvement at Durham Tech.
Chair Dorosin said he would like to move away from designated positions, and could
simply task the Arts Commission with trying to do outreach to students using the at-large
positions.
Chair Dorosin asked if this can be left as an at large position, and the Board will
encourage the Commission to engage a student membership if possible.
Katie Murray said she has spoken with staff about the best way to do this, and the
reason for changing the designation from at-large to student is because it is a one-year term.
She said it would only be available to a senior, and the student would be required to solicit
candidates to full the position upon their graduation.
Donna Baker said the change in designation is to create a one-year term, as opposed to
3 years, in order to attract a student.
Commissioner Rich said if it only open to seniors, this may be difficult as Durham Tech
is a two-year college.
Katie Murray said she will add that factor to her investigative process.
A motion was made by Commissioner Price seconded by to Commissioner Jacobs to
approve a proposed change in the Arts Commission’s membership roster, reclassifying an At
Large Position to a Student Liaison position with a one-year term and also ask Katie Murray to
look at options for students at Durham Tech.
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VOTE: UNANIMOUS
8-q- Fiscal Year 2018-19 Budget Amendment #1
The Board considered approving budget, capital, and grant project ordinance
amendments for fiscal year 2018-19.
Commissioner Price said funding got cut for the literary outreach position in the library,
and she thinks this position was doing important work with Pre-K. She would like staff to
explore other ways to fill this gap at some point.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
approve budget, capital, and grant project ordinance amendments for fiscal year 2018-19.
VOTE: UNANIMOUS
a. Minutes
The Board approved the minutes from May 31, June 12 and 19, 2018 as submitted by the Clerk
to the Board.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopted of a resolution, which is incorporated by reference, to release motor vehicle
property tax values for seven taxpayers with a total of eight bills that will result in a reduction of
revenue, in accordance with the NCGS.
c. Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, to release property tax
values for twenty-nine (29) taxpayers with a total of forty-five (45) bills that will result in a
reduction of revenue, in accordance with North Carolina General Statute 105-381.
d. Applications for Property Tax Exemption/Exclusion
The Board considered fifteen (15) untimely applications for exemption/exclusion from ad
valorem taxation for twenty-three (23) bills for the 2018 tax year.
e. Tax Collector’s Annual Settlement for Fiscal Year 2017-18
The Board received the tax collector’s annual settlement on current and delinquent taxes,
consider approving by resolution the accounting thereof, upon acceptance of the reports, issue
the Order to Collect for Fiscal Year 2018-2019, and authorize the Chair to sign.
f. Change in BOCC Regular Meeting Schedule for 2018
The Board considered one change to the Board County Commissioners’ regular meeting
calendar for 2018.
g. Ratification – Conservation Easement for Tunnel’s End Horse Farm
The Board ratified the County Manager’s decision to accept an agricultural conservation
easement for Tunnel’s End Horse Farm.
h. Right of Way Encroachment Agreement for Non-Utility Encroachments on Primary
and Secondary Highways – Simme-Seats
The Board approved a Right-of-Way Encroachment Agreement for Non-Utility Encroachments
on Primary and Secondary Highways authorizing Orange County, on behalf of Orange County
Public Transportation, to enter into an agreement with the North Carolina Department of
Transportation (NCDOT) for the installation of eight (8) Simme-Seats at existing bus stops, and
authorize the Chair to sign.
i. Request for Road Additions to the State Maintained Secondary Road System for
Westhampton Way, Weston Lane, and Brookford Court in Westhampton Subdivision
The Board made a recommendation to the North Carolina Department of Transportation
(NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to
add Westhampton Way, Weston Lane, and Brookford Court in Westhampton Subdivision to the
State Maintained Secondary Road System.
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j. Request for Road Addition to the State Maintained Secondary Road System for Paper
Birch Lane and Greenbrook Lane in Pleasant Green Woods Subdivision Phases 3 and
4
The Board made a recommendation to the North Carolina Department of Transportation
(NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to
add Paper Birch Lane and Greenbrook Lane in Pleasant Green Woods Subdivision Phases 3
and 4 to the State Maintained Secondary Road System.
k. Request for Road Additions to the State Maintained Secondary Road System for
Lochwood Court and Dumfries Lane in Annandale at Creek Wood Subdivision
The Board made a recommendation to the North Carolina Department of Transportation
(NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to
add Lochwood Court and Dumfries Lane in Annandale at Creek Wood Subdivision to the State
Maintained Secondary Road System.
l. Hillsborough Area Economic Development District Phase 1 Water and Sewer
Extensions – Project Easements and Acquisitions
The Board authorized County Staff to acquire the private easements required to construct and
maintain the Hillsborough Area Economic Development District (EDD) Phase 1 Water and
Sewer Project by negotiation, purchase, or condemnation, if necessary.
m. Amendment Outline Form for Unified Development Ordinance (UDO) Text
Amendments – Update of Effective Date of Flood Information Rate Maps (FIRM)
The Board approved process components and schedule for proposed amendments to the
Orange County Unified Development Ordinance (UDO) updating the effective date for the
County’s Flood Insurance Rate Maps (FIRM).
n. Orange County Arts Commission – Proposed Change to the Membership-
Reclassifying an At-Large Position on the Arts Commission to a Student Liaison
Position
The Board approved a proposed change in the Arts Commission’s membership roster,
reclassifying an At Large Position to a Student Liaison position with a one-year term.
o. Ratification of Contract Signature Authority for Emergency Contract
The Board ratified the County Manager’s signature on an emergency repair contract executed
with the Sasser Companies, Inc. in the amount of $390,849 above the Manager’s signature limit
of $250,000.
p. Designation of an Acting County Manager During the County Manager’s Temporary
Absence
The Board approved the County Manager’s appointment of Travis Myren, Deputy County
Manager, to serve as Acting County Manager during the County Manager’s temporary absence
or disability.
q. Fiscal Year 2018-19 Budget Amendment #1
The Board approved budget, capital, and grant project ordinance amendments for fiscal year
2018-19 to the Health Department; Planning and Inspections; Animal Services; Housing and
Community Development; Criminal Justice Resource Department; County Capital Projects;
Department of Social Services; Department of Environment, Agriculture, Parks and Recreation;
Department on Aging; and Library Services.
r. Marketing Communications Management Agreement with FleishmanHillard
The Board will consider approving a professional services agreement for tourism marketing and
advertising with FleishmanHillard.
s. Performance Agreement Between the Town of Chapel Hill and Visitors Bureau
The Board will consider approving the 2018-19 performance agreement between the Town of
Chapel Hill and the Chapel Hill/Orange County Visitors Bureau.
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9. County Manager’s Report
Bonnie Hammersley said there will be a BOCC work session on September 6th and
topics include:
• Economic Development Districts – Follow-up from Board Retreat
• Additional Discussion Regarding the Election Method for Members of the Orange County
Board of Commissioners
• Discussion on Proposed Nonprofit Capital Funding Policy and Criteria
• Board of Commissioners - Boards and Commissions Appointment Process Discussion
10. County Attorney’s Report
John Roberts said he wanted to address public records requests, noting there has been
an uptick in the amount across the state, and the request of voluminous amount of pages. He
said the most recent request will be close to 500,000 pages, and these have to be reviewed to
separate potentially confidential and privileged communication.
John Roberts said if this trend continues, it may be necessary to have a dedicated staff
person for just public records requests. He said another way to approach this is to ask the
General Assembly to amend the statute to state that all public records request are open only to
North Carolina residents.
Chair Dorosin asked if a staff person were added, would it need to be a lawyer in the
County Attorney’s office.
John Roberts said not necessarily, but rather someone who is charged with compiling
the records, and performing an initial review. He said anything that needs legal review would be
forwarded to his office.
Chair Dorosin asked if there is someone responsible for this currently.
John Roberts said if it is a request just for emails then Information Technology compiles
it, and if there is a request for hard copies, these are fulfilled by staff within the departments
from which the documents have been requested.
Commissioner Rich asked if there is a tipping point at which a dedicated staff person will
be needed.
John Roberts said it is uncomfortable now, but until this year there has only been one or
two of these massive request; however, there have been several this year, which is line with the
statewide trend, but he would like to make sure this is a trend in Orange County before
requesting additional staff.
Commissioner Jacobs said there was a professor from Massachusetts that made a huge
request. He asked if this request was honored, and if this person was charged any fees.
John Roberts said since 2009, there has been a policy in place to recoup actual costs.
He said the request was for about 1million pages, at the cost of around $10,000, and the
gentleman withdrew his request.
Commissioner Marcoplos asked if the North Carolina Association of County
Commissioners (NCACC) could find out if other counties would support a bill such as this.
John Roberts said he will follow up with NCACC General Counsel.
11. *Appointments
a. Adult Care Home Community Advisory Committee – Appointments
The Board considered making appointments to the Adult Care Home Community
Advisory Committee.
A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to
appoint the following:
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• Position 1- Tiketha Collins - At-Large for a One Year Initial Term ending in 09/04/2019
• Position 2 Nancy McCormick for an At-Large for One Year Initial Term ending in
09/04/2019
VOTE: UNANIMOUS
b. Nursing Home Community Advisory Committee – Appointment
The Board considered making an appointment to the Nursing Home Community
Advisory Committee.
A motion was made by Commissioner Burroughs, seconded by Commissioner Price to
appoint the following:
• Position 4 for Stephanie Boswell for the At-Large position for a One Year Initial Term
ending in 09/04/2019
VOTE: UNANIMOUS
John Roberts said state statute lets the boards merge.
c. Animal Services Advisory Board – Appointments
The Board considered making appointments to the Animal Services Advisory Board.
A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint
the following:
• Position 2- Dr. Lee Pickett -Veterinarian -Partial Term ending in 06/30/2019
• Position 5 Dr. Bryan Stuart - Town of Hillsborough - First Full Term ending 06/30/2021
• Position 13 Lisa - Wells Manager/Owner Retail Pet Services for a Partial Term ending
06/30/2020
VOTE: UNANIMOUS
d. Central Community Board (Cardinal Innovations) – Appointments
The Board will consider making appointments to the Central Community Board.
A motion was made by Commissioner Price, seconded by Commissioner Marcoplos to
appoint the following:
• Position 2 – Antonio Pedroza - Consumer or Family Member for a First Full Term ending
06/30/2021
• Position 3 - Ellen Perry- Other Citizen or Stakeholder for a First Full Term ending
06/30/2021
VOTE: UNANIMOUS
e. Chapel Hill Parks, Greenways, and Recreation Commission – Appointment
The Board considered making an appointment to the Chapel Hill Parks, Greenways, and
Recreation Commission.
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A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint
the following:
• Position 1 Alice Armstrong Orange County Representative for a Partial Term ending
06/30/2020
VOTE: UNANIMOUS
f. Historic Preservation Commission – Appointments
The Board considered making appointments to the Historic Preservation Commission.
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
appoint the following:
• Position 1 Rebecca Paxton At-Large for a First Full Term ending 03/31/2021
• Position 3 Paul Noe At-Large for a First Full Term ending 03/31/2021
VOTE: UNANIMOUS
g. Workforce Development Board (Regional Partnership) – Appointment
The Board considered making an appointment to the Workforce Development Board.
A motion was made by Commissioner McKee, seconded by Commissioner Rich to
appoint the following:
• Position 2 Sue Holaday for an At-Large - Private Sector – Business for a First Full Term
ending 06/30/2021
VOTE: UNANIMOUS
12. Information Items
• June 19, 2018 BOCC Meeting Follow-up Actions List
• Tax Collector’s Report – Numerical Analysis
• Tax Collector’s Report – Measure of Enforced Collections
• Tax Assessor's Report – Releases/Refunds under $100
• Century Farms in Orange County Update
• Memorandum Regarding Land Use Plan Amendments – Process to Expand
Hillsborough Economic Development Area (EDD)
• Memorandum – 203 S. Greensboro Capital Project Update (Southern Branch Library)
13. Closed Session
NONE
14. Adjournment
A motion was made by Commissioner Price, seconded by Commissioner Rich to adjourn
the meeting at 10:24 p.m.
VOTE: UNANIMOUS
Mark Dorosin, Chair
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Donna Baker
Clerk to the Board