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HomeMy WebLinkAboutMinutes 09-20-20181 APPROVED 10/16/2018 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING September 20, 2018 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, September 20, 2018 at 7 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: 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) Commissioner Rich called the meeting to order at 7:00 p.m. Commissioner Rich said Chair Dorosin would be late this evening. 1. Additions or Changes to the Agenda Commissioner Rich noted the following items at the Commissioners’ places: - 4-c: Legislative Priorities- yellow hand out - exhibits - 6-b: PowerPoint for non-profit capital funding - 7-c: PowerPoint for Local Fest - Item 9- Manager’s Report- Letter from Town of Hillsborough Katie Murray, Arts Commission Director, has requested that the Arts Commission appointment (item 11-b) be moved up to beginning of meeting, due to the fact that she has to leave early to attend another Arts event this evening. A motion was made by Commissioner Price, seconded by Commissioner Burroughs to move this item up to item 4-a. VOTE: UNANIMOUS Commissioner Rich said the September 27th Joint Meeting with schools has been postponed. Commissioner Rich reminded the Board of Chair Dorosin’s email from earlier today noting that the October 2nd regular meeting is canceled. PUBLIC CHARGE Commissioner Rich dispensed with the reading of the Public Charge. Katie Murray presented the following Arts Moment: Arts Moment – Will Stewart, representing Hear & After. Hear & After is a group of individuals, former youth poets, activists, musicians, and community organizers who have come together to create spaces for community art and expression. They seek to empower the people through the 2 tools of spoken and written word, performance, and artistic expression. Based in Chapel Hill, and serving the Triangle area, Hear & After's goal is to provide a platform for both its members and the community it serves. Will Stewart read a piece of his work. 2. Public Comments a. Matters not on the Printed Agenda None b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner Jacobs asked if the meeting with Chapel Hill had been rescheduled. Bonnie Hammersley said she and Donna Baker are working with the Chapel Hill Town Manager on possible dates. Commissioner Jacobs asked if the “environmental impacts” will be added to the meeting agendas going forward. Commissioner Rich said this has not been talked about in agenda review. Bonnie Hammersley said her recollection was that it was not determined yet, but she would do research. Commissioner Jacobs said Commissioner Marcoplos made the request, and the Board agreed. Commissioner McKee arrived at 7:08 p.m. Commissioner Burroughs said there was an article about the Camelot Apartments, which encouraged people to donate to the Friends of the Department of Social Services (DSS). She asked if the Board has a role in contributing from the social justice fund to these residents who suffered hurricane damage. She said she would like to know the extent of the problem, and if there is a role for the County. Bonnie Hammersley said staff will be report on the hurricane event at the October 16th meeting, and can address this issue at that time. Commissioner Price said she was also going to address that issue. She said she contacted Orange Congregations in Missions (OCIM) to determine the situation in Orange County, and she found out that there were evacuees from the east coast living in this area for a time. She listed items that were needed. She said some evacuees are being moved from shelter to shelter in other counties, which is sad. Bonnie Hammersley said she would work with the Emergency Services director on that. Commissioner Price said there is a Suicide Prevention walk in Gold Park tomorrow night at 6:30 p.m. Commissioner Price petitioned to proclaim October Dysautonomia Awareness Month, as requested by an Orange High School student. Commissioner Rich said it is on the October 16th agenda. Commissioner Price petitioned to recognize Jaki Shelton Green as the North Carolina Poet Laureate. Commissioner Marcoplos said while watching the hurricane last week, he wondered about the Board’s ability to really impact climate change, and he read a comment from the United Nations Secretary General, Antonio Gutierrez: “If we do not change course by 2020, we risk missing the point where we can avoid runaway climate change. Climate change is the 3 defining issue of our time, and we’re at a defining moment. Scientists have been telling us for decades, over and over again, far too many leaders have refused to listen.” Commissioner Marcoplos said this is a moment in time to challenge themselves as elected officials. He said Orange County does a lot in regards to sustainability and climate change, but the County needs to push the envelope a bit, and this issue is greater than cost benefit. He said Orange County has the potential to be a leader in the state, and this is a crucial time in history. Commissioner Jacobs asked if staff could include a summary of which places were flooded during the hurricane, and those that have been flooded before, when staff gives a report on the damage. He said the County needs to see what is repeatedly being built in flood plains, and perhaps considering discontinuing construction in areas that are known to flood. Commissioner McKee said he spoke with Nancy Coston, DSS Director, yesterday, and there are some local residents in shelters in Orange County. He said in talking about these housing units, which keep getting flooded, he asked the Manager to research funding from past storms that may have been available to buy out some of these flooded affordable housing units. He said Orange County dodged a bullet with Hurricane Florence. Commissioner Price said in response to Commissioner Jacobs’ comments about the areas of flooding, there is no longer any building there, but the residents have no other place to go. Commissioner Price said more affordable housing units are needed. Commissioner Jacobs said there was some FEMA money through Congressman David Price for Heritage Hills, and it has been done, but it has been sporadic. He said people cannot continue to be put in the same dilemma. Commissioner Rich said staff is working on some of these requests, and will bring back information on October 16th. Commissioner Rich thanked the deputies in the room that went down east to help. Commissioner Rich said a committee has been created to come back with some elections options, and a Commissioner needs to be added to that committee. She said she would like to nominate Commissioner Marcoplos. Commissioner Rich said tonight’s meeting is occurring on a Thursday evening, since this past Tuesday was Yom Kippur. 4. Proclamations/ Resolutions/ Special Presentations 11b- Arts Commission appointment b. Arts Commission – Appointments The Board considered making appointments to the Arts Commission. A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to appoint the following to the Arts Commission. • Position 3 for Evan Linnet At-Large (UNC Student Representative for a Partial Term ending 03/31/2020. VOTE: UNANIMOUS 5. Public Hearings a. NCDOT Public Transportation Division/Public Transportation – 5307 Program Grant Applications for FY2018 4 The Board will: 1) Conduct a public hearing to receive public comments on the 5307 Program – Operating, Planning, Capital Funding / Durham Chapel Hill Carrboro Urbanized Area allocation (Large Urban) and Burlington Area Small Urbanized Governor’s Apportionment (Small Urban) grant applications by Orange County Public Transportation (OPT) for FY 2019; 2) Close the public hearing; 3) Approve the Small and Large Urban 5307 Grant application for FY 2019 in the total amount of $1,069,157 with a local match total of $534,577 to be provided when necessary; 4) Approve and authorize the Chair to sign the 5307 Small and Large Urban Program Resolution and the Local Share Certification for Funding form; and 5) Authorize the Chair and the County Attorney to review and sign the annual Certifications and Assurances documents. Theo Letman, Transportation Director, presented this item: BACKGROUND: Each year, the NCDOT Public Transportation Division accepts requests for operations and capital needs for county-operated community transportation programs. OCPT is eligible to make application for both operations and capital funding. The FY 2019 application includes funding allocations from prior year apportionments that had not been applied for Grant funds for administrative purposes will continue to be used to support overall transit systems management and operations and will continue to promote general ridership. The public hearing (see Notices at Attachment 2) provides the opportunity for public comment before the Board takes action on the Local Share Certification (Attachment 3). These grants were accepted / approved previously by the State on June 1, 2017 for #18-SU-056A and June 29, 2017 for #18-LU-056B. FINANCIAL IMPACT: The NCDOT 5307 Program – Operating, Planning, Capital Funding / Durham Chapel Hill Carrboro Urbanized Area allocation (18-LU-056B) and Small Urbanized Governor’s Apportionment (18-SU-056A) require a 50% local match (18-SU-056A – $337,189 and 18-LU- 056B – $197,388) for operating, planning, and capital expenses. The department will utilize currently available carryover funds from Article 43 Transit Tax proceeds to cover the required local match, and will address this in a future Budget Amendment for consideration by the Board of Commissioners. Commissioner Price referred to point #3 in the recommendations, and asked if the grants will be drawn down in increments. Theo Letman said yes, this will be done by reimbursement. Commissioner Price said asked if any funds will be used for bus shelters. Theo Letman said these funds can only can be used for operations, but there are capital funds available under the tax district, which will be used for capital expenditures like bus stop improvements. Commissioner Marcoplos asked if this is a menu of options that may occur. Theo Letman said yes. Commissioner Marcoplos asked if is known has far the funds can stretch. Theo Letman said he will try and go for all of these options. Commissioner Jacobs said it was this item that reminded him of adding the environmental impacts to the abstracts. 5 Bonnie Hammersley said John Roberts looked up the minutes from the meeting regarding the inclusion of environmental impacts, which said that the Manager would bring back options on this issue. She said staff will try to do that soon. Commissioner Marcoplos asked if this is somewhat made possible by the article 43 transit tax. Theo Letman said no, this is an apportionment that Orange County gets every year from the federal government. Commissioner Marcoplos asked if the matching funds would come from the article 43 taxes. Theo Letman said yes. Commissioner Marcoplos said this would be an instance article 43 tax funds serving local transportation, and not just going towards the light rail project. Commissioner Rich referred to the fare cards, and asked if these will allow additional funding streams to open up as data regarding fares will be tracked. Theo Letman said yes. He said this technology will bring the transportation system into the 21st century, and will allow easy tracking of fares and ridership. Commissioner Rich said it is important for the Board representatives on the Metropolitan Planning Organization (MPO) to follow up on this. A motion was made by Commissioner Price, seconded by Commissioner Burroughs for the Board to open the public hearing. VOTE: UNANIMOUS NO PUBLIC COMMENT A motion was made by Commissioner Price, seconded by Commissioner Burroughs for the Board to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Burroughs, seconded by Commissioner Price for the Board to approve: 1) Approve the Small and Large Urban 5307 Grant application for FY 2019 in the total amount of $1,069,157 with a local match total of $534,577 to be provided when necessary; 2) Approve and authorize the Chair to sign the 5307 Small and Large Urban Program Resolution and the Local Share Certification for Funding forms; and 3) Authorize the Chair and the County Attorney to review and sign the annual Certifications and Assurances documents. VOTE: UNANIMOUS Commissioner Rich clarified that this money has always been available, but the County has been unable to take advantage of it until now. Theo Letman said yes. b. North Carolina Community Transportation Program Administrative and Capital Grant Applications for FY 2020 6 The Board will: 1) Conduct a public hearing to receive public comments on the North Carolina Community Transportation Program (CTP) grant application by Orange County Public Transportation (OPT) for FY 2020; 2) Close the public hearing; 3) Approve the Community Transportation Program Grant application for FY 2019 in the total amount of $244,609 with a local match total of $33,272 to be provided when necessary; 4) Approve and authorize the Chair to sign the Community Transportation Program Resolution authorizing the applicant to enter into an agreement with the North Carolina Department of Transportation (NCDOT) and the Local Share Certification for Funding form; and 5) Authorize the Chair and the County Attorney to review and sign the 2019 Certifications and Assurances document in Attachment 2. A motion was made by Commissioner Price, seconded by Commissioner Burroughs for the Board to open the public hearing. VOTE: UNANIMOUS Theo Letman presented the following information: BACKGROUND: Each year, the NCDOT Public Transportation Division accepts requests for administrative and capital needs for county-operated community transportation programs. OPT is eligible to make application for both administrative and capital funding. The total CTP funding request for FY 2020 is $176,215 for community transportation administrative expenses and an additional $68,394 for capital expenses. This draft grant application is made for expenses totaling $244,609. Grant funds for administrative purposes will continue to be used to support overall transit systems management and will continue to promote general ridership. Administrative Grant funds include a percentage of wages and benefits for the following positions: Transit Director (60%) - $79,300; Transportation Administrator (60%) - $67,000; Business Officer 1 (60%) - $59,382; and Transit Dispatcher/ Scheduler (40%) - $31,855. Grant funds for capital items include: an addition of one (1) LTV (light transit vehicle) bus to support growth in ADA services associated with new route. A public hearing (see Notice at Attachment 3) provides the opportunity for public discussion and comment before the Board takes action on the resolution (Attachment 1). The acceptance of these grant funds requires compliance with the annual certifications and assurances, for which the signature pages are attached (Attachment 2). (Note: The attached signature pages are for the certifications and assurances for FY 2018 as an example. The FY 2019 certifications and assurances signature pages are very similar to those for FY 2018. However, the County has not yet received those documents from NCDOT. When received, they will be forwarded to the County Attorney and Chair for review and signatures.) FINANCIAL IMPACT: The NCDOT CTP FY 2019 grant requires a 15% local match ($26,432) for administrative expenses and a 10% local match ($6,839) for capital expenses for a total of 7 $33,272. The required local match is currently included in the department’s approved FY 2018- 19 budget. The indicated local match amounts for FY 2020 will be requested in the upcoming FY 2019-20 budget cycle and must be committed from Orange County’s budget for the performance period of July 1, 2019, through June 30, 2020 (FY 2020), as indicated in the attached Local Share Certification for Funding form (Attachment 4). This will require Orange County to obligate funding in its next budget cycle for these expenses. A total of $33,272 would come from the County’s general operating budget. Commissioner Jacobs asked if the type of vehicle and engine could be identified. Theo Letman said it is a 20-passenger van with a diesel engine. Commissioner Price asked if an electric van would be possible. Theo Letman said a charging station would be necessary, and he could look into this. NO PUBLIC COMMENT A motion was made by Commissioner Price. seconded by Commissioner Burroughs for the Board to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs for the Board to approve: 1) Approve the Community Transportation Program Grant application for FY 2020 in the total amount of $244,609 with a local match total of $33,272 to be provided when necessary; 2) Approve and authorize the Chair to sign the Community Transportation Program Resolution authorizing the applicant to enter into an agreement with the North Carolina Department of Transportation (NCDOT) and the Local Share Certification for Funding form; and 3) Authorize the Chair and the County Attorney to review and sign the 2020 Certifications and Assurances document in Attachment 2. Commissioner Jacobs thanked Theo Letman, and said the County needs to reexamine the way it does vehicles, and have the infrastructure to use electrical vehicles throughout Orange County government. Theo Letman said there are other federal grants available that the County could pursue to help fund this infrastructure. Commissioner Price asked if there are any programs to take advantage of the Volkswagen settlement. Theo Letman said he received a letter from the NCDOT Public Transit Director in reference to this. He said he would forward the letter to the Board. Commissioner Price said she would like to see how the County can pursue electric vehicles. VOTE: UNANIMOUS 6. Regular Agenda 8 a. Orange County’s Recommendations Regarding Goals for Inclusion in the North Carolina Association of County Commissioners’ (NCACC) 2019-2020 Legislative Goals Package The Board considered approving a Resolution Detailing Orange County’s Recommendations Regarding Goals for Inclusion in the North Carolina Association of County Commissioners’ (NCACC) 2019-2020 Legislative Goals Package; and authorize the Chair to sign. Greg Wilder, County Manager’s office, presented the following information: BACKGROUND: Every two years, the North Carolina Association of County Commissioners (NCACC) organizes a process to develop a legislative goals package. The purpose of the package is to develop a consensus of broad support on legislative goals and issues for matters affecting North Carolina counties that may be addressed by the North Carolina General Assembly during the next two calendar years. The goals and issues included in the package, with their broad support, guide and strengthen NCACC representatives and staff as they converse with individual legislators and committees on legislative matters. NCACC began the process to develop its 2019-2020 Legislative Goals Package in July 2018. North Carolina counties have been asked to submit proposed legislative goals for consideration for inclusion in the package by a September 21, 2018 submittal deadline. The County’s Legislative Issues Work Group (LIWG), including Commissioners Mark Dorosin and Penny Rich, County Attorney John Roberts, and County Manager’s Office staff, has recently met. The LIWG developed a draft resolution for Board consideration that outlines several proposed legislative goals for inclusion in NCACC’s 2019-2020 package. The LIWG’s draft resolution is provided at Attachment 1. The content of the draft resolution substantially duplicates Orange County’s 2018 Resolution Regarding Legislative Matters (Statewide Matters). That Resolution was approved by the Board on June 5, 2018 and presented to Orange County’s Legislative Delegation for the 2018 General Assembly Session. The Board will likely want to discuss the draft resolution and possibly add to, delete from, and/or revise the language of the proposed goals included in the draft. Greg Wilder said there are two items at the Commissioners’ places that are part of the abstract. Commissioner Rich said these items are not in order of priority, and the Board is permitted to send in as many goals as it would like. Commissioner Burroughs said these are equally weighted, but she would ask that the non-partisan redistricting process for elections item be moved to #1 (it is currently #45). Commissioner Marcoplos agreed. Commissioner Price said #46 is similar to #42, and she thought Chair Dorosin wanted to combine these two. She said the only difference seems to be that #46 indicates reducing the pressure of cash bail, while she would hope to eliminate it. Commissioner Price said the two seem similar, but the goal is the same. She said her concern is that #42 goes towards replacing money bail, while #46 calls for a judge to consider a person’s financial situation when setting bail. Commissioner Jacobs said #42 better represents what the Board wants, and if the trademark could be left out, then #46 would be subsumed in that. Commissioner Jacobs said saluted Animal Services Advisory Board (ASAB) for #43, as it is a more humane approach. 9 Commissioner Marcoplos said #26 is entitled Solar Energy, but solar is not mentioned in the paragraph, and renewable energy is a better title. He said wind energy is very useful in North Carolina, and should be promoted. He said there was a recent study done that showed that more people respond favorably to renewable energy as compared to solar energy. Commissioner Rich summarized: #45 will be moved to #1, and vice versa; #26 will be renamed renewable energy; #42 will be named Bail Reform, and delete #46. Commissioner Price said if you wanted to combine these two items, and leave out three days count name. Greg Wilder said he will revise this. Greg Wilder said if the name “Three days count” is eliminated, then the yellow handout would be eliminated. Commissioner Price said she is fine either way, and if the name is deleted to make it sound better she can accept that. She said if it rises to the level of discussion at the NCACC they will know what it is. A motion was made by Commissioner Price, seconded by Commissioner Burroughs to approve the revised Resolution Detailing Orange County’s Recommendations Regarding Goals for Inclusion in the North Carolina Association of County Commissioners’ (NCACC) 2019-2020 Legislative Goals Package (Attachment 1); and authorize the Chair to sign the resolution as presented or amended; and direct the Clerk to the Board to forward the approved resolution and any other related materials to NCACC by the September 21, 2018 deadline. VOTE: UNANIMOUS Commissioner Jacobs said to incorporate the title and say, “also known as three days count,” which would allow for the resolution to be included. b. Discussion on Proposed Nonprofit Capital Funding Policy and Criteria The Board considered discussing a proposed policy and criteria for providing loans to nonprofits for capital projects and provided direction to staff. Gary Donaldson, Chief Financial Officer, presented this item: BACKGROUND: At the June 12, 2018 BOCC meeting, a request was made to develop a County nonprofit capital funding policy and loan criteria. This request was based on a pending$100,000 capital campaign request from the Inter-Faith Council for Social Services, Inc. with funds earmarked from the County’s Social Justice Fund. The Towns of Carrboro and Chapel Hill have not indicated any capital funding for the Inter-Faith Council to date. The proposed funding source for nonprofits that meet the County loan criteria is the Community Loan Fund. The Community Loan Fund is an existing County revolving loan fund that could be expanded and capitalized further through our annual capital financing borrowings. The use of financing proceeds to capitalize a loan fund is a permissible use of proceeds under the North Carolina statutes. The Community Loan Fund was established in FY 2012-13 through appropriated General Fund balance appropriation of $100,000 to provide no interest loans for residents to obtain water and sewer connections. The loans to residents ranged from $3,500 to $10,000 with a maximum term of 10 years. The Community Loan Fund received additional funding of $200,000 in FY 2017-18 from capital financing proceeds; and there is a current balance of $282,837 earmarked for loans to residents for utility connections. 10 Staff recommends that the nonprofit loan program be capped at $500,000 annually and no individual loan to a nonprofit entity would exceed $100,000. There would be no minimum loan threshold. If the revolving loan balance remained stagnant with no borrowers over a three year period, then staff would recommend to the Board that the loan balance be repurposed for other County capital project use through a Budget Amendment. The proposed nonprofit capital timeline and process would be implemented parallel to the Outside Agency Operating Budget timeline and process as indicated below: November County Posts Applications on Websites November-January Outside Agency Prepares Applications December-January Question & Answer Sessions End of January Outside Agency Applications are Due March-May Application Review & Outside Agency Presentations June Outside Agency Approval by Board July Contracts Executed & Programs Begin Nonprofits seeking a capital loan would make a formal written loan request to the County Manager by the end of November. The Department of Finance and Administrative Services has proposed the following capital funding policy and loan criteria for consideration. Proposed capital funding policy: 1) Loans Not to Exceed $100,000 and subject to available Revolving Loan Balances 2) BOCC approved loan agreement; recourse, default and nonprofit bylaw dissolution provisions 3) Loans secured by Deed of Trust 4) Revolving loan structure to recapitalize County funding source 5) Five to ten year maturities at no interest; maturity term contingent on loan amount; and monthly repayment Proposed loan eligibility criteria: 1) Current Outside Agency recipient with three-year average score of at least 85% 2) Clean Audit opinion 3) Three years Audited Financial Statements for completion of Nonprofit Financial Capacity Review The Inter-Faith Council has met the proposed loan eligibility requirements and has a three year average score of 86% from its Outside Agency applications. Nonprofit Financial Capacity Review A review of the nonprofits audited financial statements will be used to complete the Financial Capacity Review which assists in determining the nonprofits ability to repay County loans. Key performance indicators (KPI) 1) Quick (Liquidity) Ratio, 2) Debt Ratio, 3) Expense Efficiency Ratio, and 4) Operating Reserves Ratio are often used by public, private entities and financial institutions to determine financial condition and ability to repay short and long-term obligations. The below chart indicates that Inter-Faith Council has the financial capacity to repay a $100,000 County loan based on the four Financial KPI measurements. For purposes of the proposed loan 11 eligibility criteria, a nonprofit organization that meets all four of the KPIs would successfully meet the County Nonprofit Financial Capacity Review. FINANCIAL IMPACT: The proposed Inter-Faith Council loan of $100,000 would be funded from the Social Justice Fund. The Social Justice Fund balance is currently $328,199. If the Board approves a proposed policy and criteria for subsequent loans, then the Community Loan Fund is the staff recommended funding source and would be funded up to $500,000. Gary Donaldson made the following PowerPoint presentation: Proposed Nonprofit Capital Funding Policy and Criteria September 20, 2018 BOCC Regular Meeting Background • At the June 12, 2018 BOCC Meeting Board Directed Staff to:  Develop Capital Funding Policy for Nonprofits  Establish Loan Eligibility Criteria for Nonprofits  Determine terms for $100,000 loan to Inter-Faith Council for Social Services, Inc.  No indication of funding from the Towns  Identify future funding sources for Revolving Loan structure; Finance recommends Community Loan Fund Community Loan Fund  Established in FY 2012-13 with $100,000 General Fund balance appropriation  Provide no interest loans for Residents to make water and sewer connections  Loans range from $3,500 to $10,000 with repayment terms up to 10 years  Loans secured by Deed of Trust  Five Loans Outstanding; Tax Office bills each of these residential parcel owners annually  FY 2017-18 additional $200,000 transferred to the fund via Budget Amendment 10 to support additional sewer connection loans  Current balance in the Community Loan Fund is $282,837 Proposed Nonprofit Capital Funding Policy 1) Individual Loans Not to Exceed $100,000 and subject to available Revolving Loan Balances 2) Loan Program amount capped at $500,000; no minimum amount stipulation for a nonprofit 3) BOCC approved loan agreement; recourse, default and nonprofit bylaw dissolution provisions 4) Loans secured by Deed of Trust 5) Revolving loan structure to recapitalize County funding source 6) Five to ten year maturities at no interest; maturity term contingent on loan amount; and monthly repayments 7) Nonprofits make formal written request to County Manager by November each year to coincide with Outside Agency Process and Timeline Proposed Nonprofit Loan Eligibility Criteria 1) Current Outside Agency recipient with three-year average score of at least 85% 12 2 Clean Audit opinion 3 Three years Audited Financial Statements to complete Nonprofit Financial Capacity Review 4 IFC Outside Agency three-year average score of 86.6% and meets proposed loan eligibility requirements Nonprofit Financial Capacity Review (table) IFC Nonprofit Financial Capacity Review (graph) Outside Agency Timeline and Process (table) Questions/Next Steps Commissioner Marcoplos referred to the revolving loan, and asked if could be further explained. Gary Donaldson said as they go through a three year budget cycle, staff would come back to the Board in the ensuing year’s budget and recommend that it be repurposed. He said if the Board wished to keep it in the loan fund, staff would do so. Commissioner Marcoplos said they could keep it all, or use some. Gary Donaldson said yes. Commissioner Price offered a hypothetical: 5 nonprofits could use the all the funds, and leave none for residents. Gary Donaldson said yes, non-profits could use all the funds, but in a community loan fund there is an existing loan structure for residents that is separate. He said the $500,000 would be over and above this. Commissioner Price said there are some water and sewer projects nearing completion in Orange County, and asked if he anticipates the residents needing loans for hook ups. Gary Donaldson said that is why staff did a budget amendment of $200,000 in June for requests like this. Commissioner Price said it is her opinion that the County should serve the residents no matter where they live, even if the Towns decline to contribute. Commissioner Jacobs said he appreciated this, and finds it to be a doable solution. He asked if it is known who will generate the audit opinion. Gary Donaldson said it will be an independent audit, and in the case of InterFaith Council (IFC), their auditor provides that opinion. Commissioner Jacobs asked if a small non-profit wants to apply, would the audit expense prevent them from being able to do so. Gary Donaldson said staff would look at the rest of the financial statements, but it would be best practice for a non-profit to have an independent audit. Commissioner Jacobs said when the outside agency funding applications are created this fiscal year, he would recommend inquiring how many of those entities conduct an audit. Gary Donaldson said he has already looked into this, and believes that all already conduct an audit. Commissioner McKee said the balance in the loan fund is now $282,000, and asked if that is reserved for the community loans, and the $500,000 would be in addition to that for non- profit loans. Gary Donaldson said yes. Commissioner Rich asked if there is an advertising plan for this process. Gary Donaldson said staff can engage their Community Relations Director and other outlets. 13 Bonnie Hammersley said she will share this with all outside agencies during the outside agency process. She said of the outside agencies, to which she has spoken, there has been no interest in a loan, but having it available would be nice. She said all non-profits would prefer a contribution. Commissioner McKee asked if there is a way to keep this from being a contribution. He said this is his concern, and he sees no reason to go through the song and dance. He said he would prefer to just call it a grant from the beginning, knowing that non-profits will request debt forgiveness. Gary Donaldson said there would be a loan agreement with a security of a deed of trust that would indicate the monthly repayment schedule. Commissioner McKee said this in no way prevents this, or a future board, from forgiving a loan. Gary Donaldson said that is correct. Commissioner Jacobs said he shares this concern, and the Board would have to reiterate that this is a loan, not a grant. He said non-profits may not currently be interested, but this has never been an option before, and this is a lot like a conservation easements, which no one wanted to try. He said it may take one or two non-profits being willing to try the program to see the benefit of a loan. Commissioner Price asked if a loan is defaulted upon, would the County have ownership of the property. Gary Donaldson said there would be a legal process to determine liens, and the recourse available to the County. Commissioner McKee said a conservation easement is a giveaway program, and he sees this loan process the same way. Commissioner McKee asked if the number of outside agencies currently being funded is known. Gary Donaldson said 55. Commissioner McKee said if 20% of those agencies meet the eligibility criteria, there will be insufficient funds available. He asked if there is a process in place to determine who gets funding. Commissioner Marcoplos said one would go through a process, and may get funding or may not. Commissioner McKee said he has seen churches and organizations with large endowments be less aggressive in their efforts as they were prior to receiving the endowment. He said he is opposed to this, and it is an unnecessary work around. Commissioner Jacobs said it never occurred to him that conservation easements were a giveaway program, and helping farmers capitalize their operations it is an economic development incentive. He said protecting water supplies and natural resources benefits everyone in the County. Commissioner Rich asked if the conversation has been helpful to staff. Chair Dorosin arrived at 8:17 p.m. Bonnie Hammersley said this option was requested by the Board, and there was the issue of providing a grant to IFC. She said staff can bring forth an abstract at the next meeting about adopting this policy, or the Board can pause to think about where it wants to go with this. She said Chapel Hill and Carrboro chose not to provide funds to the IFC capital campaign at this time. Commissioner Rich referred to page 11 on the PowerPoint and the timeframe to which the Manager is referring. She said the Board should decide if this should go into an abstract, or if more conversation is needed. 14 Commissioner Jacobs said he would like staff to put this into an abstract for an approval or denial, without other options. Commissioner Burroughs agreed with Commissioner Jacobs, and does not agree with using social justice funds for a grant for IFC, due to the fairness issues with other non-profits, but this option is ready to be voted on. Commissioner Marcoplos agreed. He said it is a well thought out program, and believes that abuse is unlikely. Commissioner Price agreed. Commissioner McKee opposed. Chair Dorosin asked for summarization, which was provided to him. John Roberts said it sounds like the Board is in agreement, and could take action tonight. Chair Dorosin said he would like a policy for grants, but it sounds like there is not agreement within the Board. He said an outside agency can apply for funding for rent through the outside agency process, and he sees a grant for ownership as no different. Commissioner Burroughs said renting and owning are different, and renting provides flexibility to growing organizations in a way that owning does not. She said owning is not always an advantage for a non-profit, and she is fine with providing funds for rent via the outside agency process, and having a different standard for organizations that want to pursue a capital campaign. Commissioner Price she did not realize that a grant was even a possibility. A motion was made by Commissioner Jacobs, seconded by Commissioner Marcoplos to approve the proposed nonprofit funding policy and criteria. VOTE: Ayes, 5 (Commissioner Marcoplos, Commissioner Burroughs, Commissioner Rich, Commissioner Jacobs, Commissioner Price); Nays, 2 (Chair Dorosin and Commissioner McKee) 7. Reports a. Orange County Partnership to End Homelessness – 2018 Data Update The Board received updated data about homelessness in Orange County submitted to the United States Department of Housing and Urban Development (HUD) earlier this year. BACKGROUND: The Orange County Partnership to End Homelessness (OCPEH) was created in 2008 to coordinate funding and activities to end homelessness in Orange County. OCPEH is jointly funded by Orange County (39%) and the Towns of Carrboro (15%), Chapel Hill (41%), and Hillsborough (5%). Homelessness in Orange County is up 13%. OCPEH Coordinator Corey Root will present the updated data and discuss how current increases relate to identified gaps in the homeless service system, including rapid re-housing and street outreach programs. The Coordinator will also discuss how another identified gap, an accessible and housing-focused homeless shelter, would be filled if changes to the Good Neighbor Plan are adopted by the Town of Chapel Hill this fall. Corey Root, Homeless Programs Coordinator, made the following PowerPoint presentation: 2018 Data Update 15 September 20, 2018 Point-in-Time count conducted each January • Long-standing measure • Great way to get involved/learn more about homelessness • Perfect? No, but • Does give us info • HUD uses extensively Point-in-Time count numbers are up compared with last year and over time Nationwide & statewide, numbers are down; in Orange County, numbers are up  USA • 13% overall decrease • 47% decrease in veteran homelessness • NC • 24% overall decrease • 31% decrease in veteran homelessness Orange County • 13% overall increase • 200% increase in veteran homelessness People experiencing homelessness are disproportionally people of color Great progress towards ending chronic homelessness in Orange County (graph) Let’s take a peek at our systems map (map) Corey Root said it is possible to reverse the direction of homelessness. Commissioner Marcoplos referred to transitional housing, noting people are in good shape once they get into housing. He asked if there is any data that compares giving a house to someone versus the cost to the community to service homelessness. Corey Root said there are numbers from other communities, and homelessness costs more than purchasing housing. She said medical services, hospital stays, transportation, support services, etc. are expensive, and it is more cost effective to house individuals and provide services. Commissioner Marcoplos asked if staff is aiming towards providing housing with services. Corey Root said yes, and this is part of what it would mean to end homelessness. She said there are 70 people on the list waiting for housing, and deleting this list will end homelessness. Commissioner Marcoplos said he would like to know what homelessness costs Orange County apart from other services. Commissioner Rich said there are folks that will eat at shelters, but do not want to receive housing, and would rather stay outside, and asked if there are numbers for this population in Orange County. Corey Root said traditionally this was viewed as a population that is choosing to be homeless, but this is being considered differently now. She said HUD is not viewing this population as choosing not to go to a certain program, but rather is asking questions about the set up of the program. She said data is showing that if one receives housing, with no barriers attached, and high quality case management, one will often choose this option. She said street 16 outreach programs are also very helpful, and Orange County has a gap in this area. She said many people previously deemed “unhouseable” now have housing. Commissioner Burroughs asked Corey Root if she could comment on the impact of losing affordable housing stock from things like flooding. Corey Root said a lot of people are housed in Camelot, so she does not envy the Board of County Commissioners having to decide whether to continue housing programming on land that is known to flood. She said the HUD programs are scattered site funding, and they also try to partner with housing developers. Commissioner Marcoplos asked if there were any identifiable climate refugees from Hurricanes Matthew or Florence. Corey Root said she did not think there was coordination in place to participate with Matthew. She said FEMA and HUD are working together and learning from other natural disasters. Chair Dorosin asked if there are specific priorities going forward. Corey Root said she is seeking fully funded rapid re-housing, street outreach, and accessible housing focused shelter. Chair Dorosin asked if funding is the biggest impediment to achieving these goals. Corey Root said yes, but there are other indicators as well such as where to house a program, who will staff it, etc. She said the Partnership to End Homelessness does not do any direct service. Commissioner Price asked if residents are coming from particular areas/situations. Corey Root said the database asks for the zip code, and most are from Orange County and Durham. She said many residents are sent out of the County for services. Commissioner Price said she wanted to know what is causing the homelessness in Orange County, beyond those who are perpetually homeless. Corey Root said it is a mix of three things that people are lacking: income, services, and affordable housing. Commissioner Price said if the numbers were to increase it is likely due to gentrification, lack of employment, etc., and she would like to see data collected about the causes of homelessness in Orange County. Corey Root said there has been great success in housing those who have been chronically homeless. b. Update on Orange County’s Website Redesign The Board previewed the newly revised Orange County Government Internet website. BACKGROUND: For the past year, a team of staff has been working to review and improve the County’s official website page. The process began in fall 2017 with the solicitation of proposals from website vendors. Several firms responded, including the company that had been hosting and providing design services for the website. A team of 15 staff members from various departments reviewed four proposals and ultimately chose a new vendor, CivicPlus. CivicPlus is based in Manhattan, Kansas, and provides design and hosting services to more than one thousand local government clients in the United States, including the Town of Carrboro and many counties in North Carolina. The new website will offer more functionality and improved design and navigation for residents as well as a more robust tool kit for staff to maintain the site. Residents will be able to register with the site and create personalized notifications so they will be made aware whenever new or revised information is posted to the website. 17 Todd McGee, Community Relations Director, presented this item and previewed new website online. He said the new website will go live on September 27th. Commissioner Burroughs said she really liked that idea of highlighting employees, sharing their stories and appreciating them. Commissioner Rich asked if the departments have individual websites. Todd McGee said yes, and the link will directly access their websites. He said the Visitors’ Bureau uses the County website as a gateway to its website. c. Update on the First Annual Orange County Local Fest The Board received an update to the Board on preparations for Orange County’s First Annual Local Festival. BACKGROUND: The FY2018-19 Budget authorized up to $50,000 in Article 46 sales tax proceeds to produce an Orange County Local Festival. The County retained Evan Hatch as the Event Planner. Mr. Hatch has fifteen years of experience in folk arts and cultural programming which includes experience in event planning and festival production. Mr. Hatch has been working closely with a group of Orange County departments to produce Local Fest. Orange County Local Fest is intended to be a local, grassroots festival that celebrates and promotes Orange County’s commitment to its heritage, diversity, culture, sustainable living and agriculture. The event will be held at the Blackwood Farm Park on Saturday, September 29, 2018 from 10:00am to 6:00pm. Revenue generated by the event is proposed to support the Breeze Farm Incubator. To date, sponsorships have raised $2,000. Additional revenue is expected from vendors contributing a portion of their sales during the event and booth rentals. The programming element of Local Fest will include music, agricultural, food and craft demonstrations, local artists, educational opportunities for children, and revenue generating activities, food, and beverage sales. Music and dance stages will feature a diverse mix of local musicians and artists. Agricultural and food demonstrations will include a demonstration kitchen, sheep herding, fabric weaving and dying, and quilting. The County will has contracted with musicians, vendors and demonstrators, and artists have been juried by the Orange County Arts Commission staff. A complete program and schedule for the event is available at www.orangecountylocalfest.com. Food and beverage sales will be provided by a local food truck rodeo and beer garden. The County has contracted with three breweries, a cidery, and ten different food vendors. A list of the individual food and beverage vendors is also available at www.orangecountylocalfest.com. The County has also completed a detailed transportation plan that will facilitate all attendees to park offsite. Orange County Public Transportation will provide six options for residents and guests to park and ride to the event. These stops include Cedar Grove, the Department of Social Services in Hillsborough, Durham Technical Community College, Eubanks Road Transit Parking Lot, Fairview Park, Mebane, the Hillsborough Walmart, and Weaver Street Coop. Travis Myren provided some highlights of the process for this festival, which is 9 days away. Evan Hatch, Event Planner, made the following PowerPoint presentation: Orange County LocalFest Saturday, September 29, 2018 18 What’s At LocalFest 2018? • An Introduction to Orange County’s Blackwood Farm Park • 12 Musical and Dance Acts on 2 Stages • Work of 20 Local Artists • Work and Demonstrations of 20 Local Tradition Bearers • 5 Strong, Creative, Active Children-Centric Activities • 12 Community Groups • 5 Animal Centered Attractions • 11 Food Trucks • 4 Beer Garden Participants www.orangecountylocalfest.com -Over 6,000 Page Views -Over 2,500 Unique Users -Web Traffic up 25% during September -Facebook, Google, Orange County Visitors Bureau are biggest referrers Inter-Departmental Partnerships (graph) SPONSORSHIPS • PHE, Inc. • Weaver Street Market • PEMC • Sports Endeavors • Durham Technical Community College • NC Choices • Orange County Food Council • WHUP • Orange County Visitors Bureau • Music Maker Relief Foundation WHAT DOES LOCALFEST BRING TO OUR COMMUNITY? • Celebration of local agriculture and business and a thank-you to its rural, agrarian contributions • Great Showcase for the beauty of Orange County’s Natural Resources • Template for a successful festival to grow in 2019, 2020, 2021, 2022 • The roots of a new tradition for Orange County • A valuable opportunity for Commissioners and other public personas to meet their constituents • An amazing array of talent that is authentically representative of Orange County traditions that a lot of folks don’t know about • A unique, Inclusive way of celebrating Orange County assets traditionally underserved • A model for other communities to start their own unique, relevant “county fair” Commissioner Jacobs suggested having a site interpreter at Blackwood Farms to talk about the history of the site. 19 Evan Hatch said this is not part of the plan, but agreed this would be nice to have. Bonnie Hammersley said Department of Environment, Agriculture, Parks and Recreation (DEAPR) staff will be present, and can help with this. 8. Consent Agenda • Removal of Any Items from Consent Agenda Commissioner Price – g Commissioner McKee – f • Approval of Remaining Consent Agenda A motion was made by Commissioner Rich, 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 f. Amendment to Emergency Debris Removal and Processing Services Agreement The Board considered approving an amendment extending an agreement between Orange County and Ceres Environmental Services, Inc. through October 1, 2019 for the purpose of providing a resource for Emergency Storm Debris Removal and Processing Services and authorize the Manager to sign. Commissioner McKee said section 6 of this item refers to Gayle Wilson as the Solid Waste director, and he has retired. John Roberts said that can be changed, and anything would be referred to the new director. A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to approve an amendment extending an agreement between Orange County and Ceres Environmental Services, Inc. through October 1, 2019 for the purpose of providing a resource for Emergency Storm Debris Removal and Processing Services and authorize the Manager to sign. VOTE: UNANIMOUS g. Health Services Agreement Amendments for the Orange County Detention Center The Board considered voting to ratify a 2011 Amendment and to approve Amendment #2 to the Health Services Agreement for the Orange County Detention Center and authorize the Chair to sign. Commissioner Price said the abstract states that this health contract is based on population of up to 180, and asked if this number is frequently reached. Bonnie Hammersley said this contract originated in 2008, and the number is one that is the highest it could be. She said there have been times when this number may have been reached, but it is not common. Commissioner Price said she is concerned that if there is a detention center that does not even hold 180, is it necessary to have a contract that serves that many. 20 Bonnie Hammersley said this contract will be re-bid next year, and she said this number is seldom met. Commissioner Price said health care for women, and it states that no abortions will be permitted at all. She asked if this is true even if a woman’s life is at risk. Bonnie Hammersley said the County covers the cost, and there are situations where an inmate would be taken to the hospital. Commissioner Price said she is concerned about this. Bonnie Hammersley said she would share these concerns with the Sheriff. Commissioner Price said she assumed audits are done. Bonnie Hammersley yes, and if they have not been done, they will be. Commissioner Burroughs said if an inmate wanted an abortion, she believes she should have access to a one, and if there is something preventing this, she would like to know what it is. Bonnie Hammersley recommended approving this contract, and if an amendment is needed, it can be done. She said the County is operating under this contract currently, and if an agreement cannot be reached with this contract, an alternative method would have to be found and a re-bid of a health contract is extremely timely. A motion was made by Commissioner Price, seconded by to Commissioner Burroughs ratify a 2011 Amendment and to approve Amendment #2 to the Health Services Agreement for the Orange County Detention Center and authorize the Chair to sign. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from June 7, 2018 as submitted by the Clerk to the Board. b. Approval of Senior Lunch Caterer Contract with Nantucket Cafe, Inc. The Board approved the food service caterer contract with Nantucket Cafe, Inc. to provide noon meals for the Home and Community Care Block Grant-funded Senior Lunch Program at the Seymour and Passmore Centers for the period July 1, 2018 to June 30, 2019 with an optional one-year extension and authorize the Chair to sign. c. FY 2018-19 Home and Community Care Block Grant for Older Adults Funding Plan The Board approved the recommended Home and Community Care Block Grant (HCCBG) for Older Adults Funding Plan for Fiscal Year 2018-19 and authorized the Chair to sign d. North Carolina Department of Transportation Rural Operating Assistance Program (ROAP) Grant Application for FY 2019 The Board approved the annual FY 2019 ROAP grant application and certified statement and authorized the Manager to sign. e. Lease Renewal Option: Department of Social Services - Hillsborough Commons Campus The Board approved a five (5) year lease renewal option of the Department of Social Services spaces within Hillsborough Commons for a term beginning January 22, 2019 through January 21, 2024 and authorized the Chair to sign on behalf of the Board of Orange County Commissioners. 21 f. Amendment to Emergency Debris Removal and Processing Services Agreement The Board approved an amendment extending an agreement between Orange County and Ceres Environmental Services, Inc. through October 1, 2019 for the purpose of providing a resource for Emergency Storm Debris Removal and Processing Services and authorized the Manager to sign. g. Health Services Agreement Amendments for the Orange County Detention Center The Board ratified a 2011 Amendment and to approve Amendment #2 to the Health Services Agreement for the Orange County Detention Center and authorize the Chair to sign. h. Creation of a Permanent 1.0 FTE Information Technology Analyst Position in the Orange County Sheriff’s Office The Board created a permanent 1.0 FTE (full-time equivalent) Information Technology Analyst position in the Orange County Sheriff’s Office. i. Library Daily Deposit Waiver The Board approved an exemption for Library daily deposits of cash up to $500, as required by North Carolina General Statute 159-32. 9. County Manager’s Report Bonnie Hammersley said at there is a letter at the Commissioners’ places from the Town of Hillsborough, in reference to the Economic Development District (EDD,) and she said the Town staff wants to work with the County but cannot make any guarantees since they are staff and not elected officials. (the letter is below): September 19, 2018 Bonnie Hammersley Orange County Manger P.O. Box 8181 Hillsborough, NC 27278 RE: Confirmation of town actions in the Hillsborough EDD Dear Bonnie, This letter is to confirm our discussion from September 18 regarding the Hillsborough EDD, particularly the properties south of Interstate 40. The town adopted a resolution amending our Future Land Use Plan (which is also the Joint Land Use Plan) on March 26, 2018. This amendment confirmed the land area expansion in the earlier amendment to the Water and Sewer Planning and Boundary Agreement and designated the additional land with the land use Suburban Office. This land use was selected in coordination with Orange County Planning staff to ensure continued consistency of the plan as adopted by both governing bodies. To date, we have received no formal development proposals for any property south of Interstate 40 that proceeded beyond a basic inquiry about water and sewer service with the town board. The town remains committed to its coordinated planning efforts with Orange County in this district and around the perimeter of Hillsborough. 22 Please contact me with any questions. Sincerely, Margaret A. Hauth, AICP Planning Director/Assistant Town Manager 919.296.9471 margaret.hauth@hillsboroughnc.gov 10. County Attorney’s Report NONE 11. *Appointments a. Affordable Housing Advisory Board – Appointments The Board considered making appointments to the Affordable Housing Advisory Board (AHAB). Sherrill Hampton, Housing Director, said there was a lot of interest from Orange County residents, and the AHAB met a couple of weeks ago and presents the following recommendations: A motion was made by Commissioner Price, seconded by Commissioner Burroughs to appoint the following to the AHAB: • Position 3 Allison Brown At Large First Full Term ending 6/30/2021 • Position 4 Nannie Richmond At-Large Partial Term ending 06/30/2019 • Position 6 Tammy Jacobs At-Large Second Full Term ending 06/30/2021 • Position 9 Arthur Sprinczeles At-Large First Full Term ending 06/30/2021 • Position12 Blake Rosser At-Large First Full Term 06/30/2021 • Position13 Olivia Fisher At-Large Partial Term 06/30/2019 • Position 15 Cain Twyman At-Large First Full Term 09/30/2021 VOTE: UNANIMOUS c. Arts Commission – Appointments The Board will consider making appointments to the Arts Commission. DONE ABOVE as 4a 12. Information Items • September 4, 2018 BOCC Meeting Follow-up Actions List 13. Closed Session A motion was made by Commissioner Price, seconded by Commissioner Rich to go into closed session at 9:42 p.m. for the purpose of: 23 “Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board.” VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to reconvene into regular session at 10:35 p.m. VOTE: UNANIMOUS 14. Adjournment A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board