HomeMy WebLinkAboutItem 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 1, 2018
Action Agenda
Item No. 8-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
October 9, 2018 BOCC Special Meeting
October 16, 2018 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented
or as amended.
1
I Attachment 1
2
3 DRAFT ORANGE COUNTY BOARD OF COMMISSIONERS
4 SPECIAL MEETING
5 October 9, 2018
6 7:OOpm
7
8 The Orange County Board of Commissioners met for a special meeting on Tuesday,
9 October 9, 2018 at the Whitted Building, Hillsborough, N.C.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Barry Jacobs,
12 Mark Marcoplos, Earl McKee, Renee Price and Penny Rich
13 COUNTY COMMISSIONERS ABSENT: Commissioner Burroughs
14 COUNTY ATTORNEYS PRESENT: John Roberts
15 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
16 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
17 appropriately below)
18
19 1. Call to Order
20 Chair Dorosin called the meeting to order at 7:01 p.m.
21 Chair Dorosin said the Board of County Commissioners (BOCC) wanted to have this
22 meeting as quickly as possible, in order to resolve the issues of concern.
23 Chair Dorosin said Commissioner Burroughs would not be able to attend tonight.
24
25 2. Permitting the Use of County Property and Facilities for Hog Day on November 3,
26 2018
27
28 PURPOSE: To consider a request for the use of River Park, the David Price Farmers Market
29 Pavilion, and other County property for Hog Day 2018 on November 3, 2018 which is the last
30 day of early voting in Orange County.
31
32 BACKGROUND: Session Law 2018-112 established early one-stop voting plan hours for
33 County Boards of Elections. This law requires that all County Boards of Elections be open for
34 voting on the last day of early one-stop voting, Saturday, November 3, 2018. Under Orange
35 County's approved voting plan, the Board of Elections building must be an early voting site.
36
37 The last two days of early one-stop voting have historically experienced the heaviest voter
38 turnout. This pattern of activity has been observed in all election cycles, regardless of the type
39 of election. Based on previous voter turnout, the Board of Elections expects that one thousand
40 (1,000) or more voters will vote on each of the last two days of early voting.
41
42 Hog Day 2018 was originally scheduled for September 14th and 15th but was cancelled due to
43 the uncertainty of the impacts of Hurricane Florence. Event organizers have rescheduled the
44 event for November 2nd and 3rd which conflicts with the last two days of early voting.
45
46 Hog Day typically runs from 6:00 PM to 10:00 PM on Friday and 10:00 AM to 6:00 PM on
47 Saturday. Early voting is open from 7:00 AM to 7:00 PM on Friday and 8:00 AM to 3:00 PM on
48 Saturday.
49
2
1 The Hog Day event typically uses River Park, the David Price Farmers Market Pavilion, and
2 County owned parking lots. Event information is available at www.hogday.org. Due to the size
3 of the event, streets surrounding the Board of Elections Building have been closed in the past,
4 and the Board of Elections parking lot has been used for vendor, band, and staff parking.
5 County staff notified the Town of Hillsborough of the conflict with early voting on September 27,
6 and a meeting was held with representatives of the Town, County, and the event on October 1.
7 Based on this meeting, the event organizers were asked to consider rescheduling the event or
8 to develop a traffic plan that provides the most access and the least disruption for voters with
9 the understanding that the Board of Commissioners may need to consider balancing the conflict
10 between the event and early voting.
11
12 The event organizers do not believe moving the event to a Saturday night and Sunday would be
13 viable. They provided the following explanations for this position.
14
15 • A large majority of volunteers have other obligations Saturday evening and Sunday.
16 • The event will have less public participation due to conflicts with church services on
17 Sunday.
18 • Arts and craft vendors would be less likely to participate on a Sunday.
19 • Nonprofit and business vendors promoting their services usually participate in events on
20 Fridays and Saturdays, not on Sundays.
21 • Fewer volunteers would be willing to volunteer on a Sunday.
22 • Rental companies provide discounts or do not charge extra set up fees for items that
23 are rented on Friday and returned on Saturday evening.
24 • Local businesses in Hillsborough would lose the positive economic impact associated
25 with a less successful event.
26 • The event raises money that is donated back to local children's charities and other
27 nonprofit/ school programs and services throughout the County. Moving the event would
28 result in a less successful event and, therefore, fewer donations.
29
30 The organizers also explained that the event could not be rescheduled to another weekend and
31 still remain within the calendar year due to other conflicts.
32
33 As an alternative to rescheduling, the event organizers have offered an access management
34 plan that would provide access to the Board of Elections building. A map of this plan is included
35 as Attachment A. The plan would direct traffic to King Street through the use of signage and
36 non-uniformed personnel at each intersection to access South Cameron Street and the Board
37 of Elections Office. This plan also moves all event parking out of the Board of Elections Parking
38 Lot and onto the grounds of Cameron Park Elementary to open the parking lot to voters.
39
40 FINANCIAL IMPACT: Permit fees associated with the event are under $200. The County has
41 not completed an economic impact statement on the sales tax generated by the event or other
42 economic benefits to the hospitality industry in the County.
43
44 The Manager recommends the Board consider and take action on a request to use River Park,
45 the David Price Farmers Market Pavilion, and other County property for Hog Day 2018 on
46 November 3, 2018, which is the last day of early voting in Orange County.
47
48 Travis Myren made the following PowerPoint presentation:
49
3
1 Permitting the Use of County Facilities
2 Hog Day 2018 November 211-d- and 3rd
3 Board of Orange County Commissioners
4 Whitted Meeting Facility
5 October 9, 2018
6
7 Purpose
8 • To consider a request to use River Park, the David Price Farmers Market Pavilion, and
9 other County property for Hog Day 2018 on November 2nd and 3rd which are also the last
10 two days of early voting
11 Early Voting Schedule
12 Early Voting Schedule for the November 6, 2018 Election
13 o Begins Wednesday, October 17, 2018
14 o Ends Saturday, November 3, 2018
15 o Same Day Voter Registration at all Sites During Early Voting
16
17 Early Voting Locations
18 All 5 Early Voting Sites Are Open the Same Days and Hours
19 o BOARD OF ELECTIONS - 208 S. CAMERON ST, HILLSBOROUGH
20 o CARRBORO TOWN HALL, 301 W. MAIN ST, CARRBORO
21 o CHAPEL OF THE CROSS — 304 E. FRANKLIN ST, CHAPEL HILL
22 o SEYMOUR SENIOR CENTER—2551 HOMESTEAD RD, CHAPEL HILL
23 o EFLAND RURITAN CLUB BUILDING — 3009 FORREST AVE, EFLAND
24
25 Early Voting Hours
26 • Detailed Hours of Operation
27 o Wednesday— Friday, Oct. 17 — Oct. 19, 7:00 a.m. — 7:00 p.m.
28 o Saturday, Oct. 20, 8:00 a.m. — 3:00 p.m.
29 o Sunday, Oct. 21, 1:00 p.m. — 3:00 p.m.
30 o Monday— Friday, Oct. 22 — Oct. 26, 7:00 a.m. — 7:00 p.m.
31 o Saturday, Oct. 27, 8:00 a.m. — 3:00 p.m.
32 o Sunday, Oct. 28, 1:00 p.m. — 3:00 p.m.
33 o Monday— Friday, Oct. 29 — Nov. 2, 7:00 a.m. — 7:00 p.m.
34 o Saturday, Nov. 3, 8:00 a.m. — 3:00 p.m.
35 • Expected Voter Turnout at Board of Elections Site
36 o Most Recent Midterm Election - November 2014
37 ■ Friday - 874
38 ❖ Closed at 6:00 PM in 2014
39 ❖ Open until 7:00 pm in 2018
40 ■ Saturday- 872
41 ❖ Closed at 1:00 PM in 2014
42 ❖ Open until 3:00 PM in 2018
43 o Board of Elections Expects Higher Turnout in 2018
44 ■ Could Exceed 1,000 Voters per Day
45 ■ Letter from the Board of Elections Signed by All Four Members
46 ■ Request to Reschedule or Move Hog Day Festival
47
48 Hog Day Festival
49 • Rescheduled Due to Hurricane Florence
50 • Hours of Operation
4
1 o Friday, November 2, 2018
2 ■ 6:00 PM to 10:00 PM
3 o Saturday, November 3, 2018
4 ■ 10:00 AM to 6:00 PM
5 • County Facility Use — Granted by Permit
6 o River Park
7 o David Price Farmers Market Pavilion
8 • Typical Site Plan
9 o Restricts Traffic Access to Board of Elections Building
10 o Uses Board of Elections Parking Lot for Vendor, Band, and Staff Parking
11 • Alternatives to Minimize Early Voting Conflict
12 o Meeting with Event Organizer— October 1
13 ■ Rescheduling to Saturday/Sunday
14 ■ Rescheduling to Different Weekend
15 ■ Develop Access Management Plan — May be Subject to Board Approval
16 o Organizing Committee— Rescheduling Not Feasible
17 ■ Organizers Invited to Present Event Disruptions
18 o New Access Management Plan (map)
19 ■ Maintains Access to Board of Elections Building
20 ■ Eliminates Use of Board of Elections Parking Lot
21 ■ Booth to Encourage Voter Participation
22
23 Early Voting Access (aerial photograph)
24
25 Manager's Recommendation
26 • Consider and take action on a request to use River Park, the David Price Farmer's
27 Market Pavilion, and other County property for Hog Day on November 2nd and 3rd 2018,
28 which conflicts with the last two days of early voting
29
30 Commissioner Jacobs clarified that no conversation took place until October 1St
31 Travis Myren said he is not sure when the rescheduled date was chosen, but this
32 meeting took place soon after.
33 Commissioner Price asked if the Optimist Club came to the County or the Town of
34 Hillsborough to discuss the permit.
35 Travis Myren said the County was proactive, and permits were in place for the original
36 date in September. He said the County contacted the Club about the permit being issued.
37 Commissioner Price asked when staff found out about the rescheduled date of
38 November 2nd and 3 rd
39 Rachel Raper, Director of Elections, said Monday October 1.
40 Commissioner Price asked if anyone else in the County or the Town of Hillsborough was
41 contacted about this.
42 Travis Myren said no one in the County, but staff did contact the Town.
43 Commissioner Price said a lot of people use this site for voting, and asked how
44 residents coming from the north would be made aware of where to go to vote.
45 Travis Myren said staff/event planners could indicate with signage.
46
47 Event Organizers
48 Al Hartkopf said he will be addressing the scheduling negotiations, but first introduced
49 Craig Lloyd to speak about the traditions and community benefits of this event.
5
1 Craig Lloyd said this will be the 36th year of Hog Day, and 5 years ago he and his friends
2 created an Optimist Club to promote positive events and programming in the community. He
3 said some time after the creation of that club he learned that the Hillsborough Chamber no
4 longer wanted to run Hog Day.
5 Craig Lloyd said he used to be the Director of the Chamber, and thus knew the workings
6 of Hog Day, and the so the Optimist Club decided to take over this event. He said the first
7 couple of years were a struggle as it is a 100% volunteer led organization, but there was a
8 desire to keep the tradition alive.
9 Craig Lloyd said there are families on the Hog Day committee that have been in Orange
10 County for over 250 years, as well as newcomers that are just interested in the event.
11 Craig Lloyd said hundreds of volunteers make this event happen, and there is no
12 overhead. He said the funds that are raised are used to provide grants in the community as
13 well as donations to schools and other organizations. He said the group has brought back
14 some of the old traditions, and the people who are involved love the community and the event
15 dearly.
16 Craig Lloyd said he talked with the Chapel Hill Orange County Visitor's Bureau, and a
17 small Hog Day brought in $1 million of economic impact; and a big hog day can bring in $3.4
18 million of economic impact. He said they are good stewards and they work with other
19 organizations, businesses, the Town and the County.
20 Craig Lloyd said they want to be accommodating in any way they can, and they need
21 the County's help to make this event happen.
22 Al Hartkopf said he wanted to go over the timeline of this process. He said the planning
23 committee has been in constant contact with the Orange County Parks and Recreation and the
24 Town as soon as the event was canceled due to Hurricane Florence. He said a meeting
25 occurred on September 19th to discuss a plan to reschedule, which included Hillsborough Police
26 Department, Orange County Sheriff's Department, Orange County Parks and Recreation, and
27 the Hillsborough tourism bureau. He said this group met under the David Price Pavilion,
28 looked at dates, and settled on November 2nd and 3rd, and Parks and Recreation said that date
29 worked, as did the rest of the group.
30 Al Hartkopf said he has provided the short answer, and is happy to go into further detail
31 as to why Saturday and Sunday are not good dates.
32 Chair Dorosin said he wanted to know why Saturday and Sunday (November 3rd and
33 4th), or any other Friday and Saturday could not work.
34 Al Hartkopf said the reason other weekends do not work is because all of the volunteers
35 were booked up, or the facility was booked up, throughout the months of September and
36 October. He said Hog Day needs to happen in early November, or it will have to be put off until
37 next year. He said November 2nd and 3rd appeared to be available, and were agreed upon by
38 the group. He said there was a desire to stay away from the holiday season.
39 Al Hartkopf said the group discussed moving the event to the Saturday and Sunday
40 (November 3rd and 4th), but River Park was already in use for November 4, ruling this option out.
41 He said, additionally, the cooking teams are not available to cook on Saturday nights.
42 Al Hartkopf said bands can be secured for most Fridays and Saturdays, but the well is
43 getting dry. He said Sunday events are generally lightly attended, and are not good for
44 fundraisers.
45 Al Hartkopf said when he was approached to join the Optimist Club and to be part of this
46 event, there were ground rules, and one was that the event was to be kept local.
47 Al Hartkopf said his team looked into doing the event on a Sat/Sun, but trying to turn the
48 event venue back to its normal state is not viable on a Sunday evening. He said Friday night is
49 usually a locals' night. He said they proposed many things to help mitigate the concerns with
50 the early voting issue, and he referred to the access management plan in the abstract.
6
1 Al Hartkopf said there was a concern about uniformed officers doing traffic control, so
2 they have proposed using volunteers in t-shirts doing traffic control. He said the traffic
3 checkpoint has been moved to a different location, which that leaves South Cameron St. wide
4 open. He said additional signage will be added to all intersections to make everything very
5 clear.
6 Commissioner Marcoplos asked if the event being held on Sunday, November 4t" is
7 known.
8 Al Hartkopf said Sundays in Hillsborough at the Old Courthouse, as well as an event on
9 the River Park grounds as well.
10 Commissioner Price asked if the Farmers' Market will be impacted.
11 Al Hartkopf said they negotiate with the Farmer's Market every year, and try to do
12 everything they can to not impact it. He said the Farmers' Market expressed desire to be, and
13 will be, held on Nash St.
14 Commissioner McKee referred to the map and the non-uniformed personnel directing
15 traffic, and asked if there will there be signage at Churton and King Streets to direct people for
16 early voting.
17 Al Hartkopf said yes, there will be signage going in both directions. He said the south
18 side can be tricky, and a sign will probably be posted at the Annex. He said from southbound,
19 there will be a sign at Nash and Collect, and repeat that at Margaret Lane. He said they have
20 plenty of wayfarer signage.
21 Commissioner McKee said he would want large signage that will catch residents'
22 attention, and be very clear.
23 Al Hartkopf said he agreed, and said that is their plan.
24 Commissioner Marcoplos said the obstacles to moving the event to Saturday/Sunday do
25 not seem that difficult. He said the Hillsborough event could fold into Hog Day, and the
26 volunteers for traffic control could do some of the clean up on Sunday.
27 Al Hartkopf said the various event Chairs (entertainment, food, crafters, etc.) and the
28 volunteers were consulted, and this type of shift was not possible. He said no one is available
29 on Saturday evening and Sunday.
30 Craig Lloyd said he sent Travis Myren the factors involved for not going to the Sat/Sun
31 timeframe.
32 Chair Dorosin asked if the number of expected attendees is known, and where they will
33 park.
34 Al Hartkopf said around 7-12,000, and the parking will be in the parking deck behind
35 Weaver's Street.
36 Craig Lloyd said Shannon Campbell, from the Town of Hillsborough, has identified every
37 open public parking spot, which has been posted on the Hog Day website
38 Chair Dorosin said people will be parking downtown.
39 Craig Lloyd said yes.
40 Chair Dorosin clarified that there will be a lot of traffic for this event.
41 Craig Lloyd said this event may be smaller due to the re-scheduling.
42 Chair Dorosin asked if November 10 and 11 is possible.
43 Craig Lloyd said many of their organizers have their own special events on that
44 weekend.
45 Commissioner Jacobs asked if anyone has spoken to the Town about using Gold Park
46 instead of River Park.
47 Al Hartkopf said no.
48 Commissioner Jacobs said using Gold Park would allow people to avoid downtown, and
49 it is a large park.
7
1 Al Hartkopf said the County has spent a lot of money ramping up the Price Pavilion's
2 electrical system, which does not exist at Gold Park.
3 Craig Lloyd said he does the marketing, and has heavily promoted the date and
4 location, with 47,000 views on Facebook. He said changing the location would cause mass
5 confusion.
6
7 PUBLIC COMMENT
8 Bob Randall is a Board of Elections (BOE) Board member, and he wished that Hog Day
9 had not been scheduled on this particular weekend, but thinks it can continue. He said Hog
10 Day will only effect one of the early voting sites; an alternate site, the Efland Ruritan Club, is
11 minutes away; early voting hours have tripled, as well as additional dates have been added. He
12 said he will respect the decision of the Board, but believes that Hog Day can continue without
13 great interruption to early voting, and he encouraged clear and advanced communication to the
14 public.
15 Jamie Cox, Vice Chair of BOE, said all 4 members of the BOE are from Hillsborough or
16 northern Orange County, and they all love Hog Day. He said the issue is that the last two days
17 of early voting are the busiest at every site. He said he is really concerned about the Hog Day
18 visitors standing between the festival and early voting, and, while he appreciates the efforts, he
19 is not convinced that the proposed traffic plan will not hinder early voters. He said he is also
20 concerned about even the remotest appearance of the militarization of an early voting site with
21 checkpoints for traffic control. He said there are things they can do if they have to, but the voter
22 numbers may be suppressed and they cannot move the voting site due to state statute. He
23 said Hog Day is a re-scheduled event, and he does not understand why another date or
24 location cannot be found.
25 Rachel Royce said Hog Day is in her backyard, and has been an enjoyable part of their
26 lives; but access to voting is sacred to them and everything must be done to make sure there
27 are no impediments to voting.
28 Betty Rider said she has lived and voted in Orange County for 20 years and she is a fan
29 of Hog Day, yet the Town and the County and the taxpayers have a legal responsibility that all
30 voters are able to franchise their right to vote. She said this could be a discriminatory decision
31 if people cannot find their room to vote. She said she was concerned that the word did not get
32 out in time about this meeting, because many more would come and speak.
33 Commissioner Rich asked Hillsborough Mayor Tom Stevens if folding the Sunday
34 events into Hog day is possible.
35 Mayor Stevens said the Sunday concert is a Chamber of Commerce event, and he
36 cannot speak to that possibility, but expects that it probably could be worked out. He said he
37 attended tonight to be available to answer questions on behalf of the Town, and the Town will
38 support whatever the County decides and partner with whomever to make things work.
39 Commissioner Jacobs asked if holding Hog Day at Gold Park is a possibility.
40 Mayor Stevens said there would be a willingness to consider this option, but he does not
41 think there is power and resources there to make this viable. He said it is the same with
42 Fairview Park, and either of these locations would require Hog Day to be a scaled down event.
43 Commissioner McKee said he understands the concerns from both sides, and he does
44 not see Hog Day and early voting as mutually exclusive.
45 Commissioner Marcoplos said this is a difficult decision, but he said the last day of
46 voting keeps coming back to him. He said it is the last day for same day registration and early
47 voting, and the number of visitors for the event will affect voters. He said the Sat/Sun proposal
48 seems the best option, but either way the right to vote is the top priority.
49 Commissioner Price asked Craig Lloyd and Al Hartkopf if Sat/Sun would not work even
50 if the preparations were able to begin earlier than they would on Friday.
8
1 Al Hartkopf said voting is open until 3:00 p.m., which would mean they would start about
2 the same time as they typically do on Friday.
3 Craig Lloyd said many of the people involved in volunteering and vending at Hog Day
4 are affiliated with a church community, and Sunday is simply not a viable option.
5 Al Hartkopf said words have meaning, and he has heard the words "intentional" and
6 "surgical voter suppression" this evening. He said they are a community service organization,
7 which believes in voting, and has offered to erect a booth to encourage voting. He said it is
8 offensive that anyone would consider this is an intentional plot to hinder voting.
9 Commissioner Jacobs said everyone has expressed support and admiration for Hog
10 Day, but health and safety are the highest aspirations of government, followed by access to
11 unfettered voting. He said the fact remains that there are other forces in society that make
12 voting difficult, and the Board does not want to make it worse in Orange County. He said he
13 would have a hard time acquiescing to the change of this event.
14 Commissioner Rich thanked all that came out tonight. She said she was at the BOE
15 meeting where the Orange County early voting schedule was created. She said it was a long
16 meeting that involved a great deal of planning. She said the timeline is unfortunate, but as a
17 County Commissioner she is obligated to make sure people can vote without any hindrances.
18 Chair Dorosin said it is unfortunate that this event had to be rescheduled due to
19 inclement weather, and he wishes the event could be accommodated on another day or date.
20 He said early voting is the Board's priority, and 12,000 extra people in town could be a
21 hindrance to voting, and, as such, he cannot support the request from the event.
22 Chair Dorosin asked John Roberts if the Board needs to vote.
23 John Roberts said yes, the Board must take action.
24 Commissioner Marcoplos suggested making a motion to allow the November 3rd and 4"
25 dates to move forward within the scheduled hours that do not affect early voting.
26 Chair Dorosin said the organizers cannot do those dates.
27 Commissioner McKee said the request is not for an alternate date, but to approve the
28 request for permitting on November 2nd and 3rd
29
30 A motion was made by Commissioner Jacobs, seconded by Commissioner Marcoplos to
31 deny the use of county facilities on the dates for the of the use River Park, the David Price
32 Farmers Market Pavilion, and other County Property for Hog Day on November 2nd and 3rd
33 2018, which conflicts with the Last Two Days of Early Voting.
34
35 VOTE: Ayes, 5; Nays, 1 (Commissioner McKee)
36
37 3. Adjournment
38
39 A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to
40 adjourn the meeting at 8:25 p.m.
41
42 VOTE: UNANIMOUS
43
44 Mark Dorosin, Chair
45
46
47 Donna Baker
48 Clerk to the Board
49
50
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1
I Attachment 2
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 October 16, 2018
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, October 16,
10 2018 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs,
13 Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair Dorosin called the meeting to order at 7:00 p.m.
21
22 1. Additions or Changes to the Agenda
23 The following items were noted at the Commissioners' places:
24 - PowerPoint for item 7-a: 203 Project" Update— Orange County Southern Branch Library
25 - PowerPoint for item 7-b: Dental Health Services in Southern Orange County Proposal- in
26 abstract
27 - PowerPoint for item 7-c: Hurricane Florence Operations Review and Debriefing
28
29 Chair Dorosin asked if the Board would move Item 4-c to be proposed item 8-1 on the
30 Consent Agenda.
31 The Board agreed by consensus.
32 Chair Dorosin said that Commissioner McKee will be late tonight.
33
34 PUBLIC CHARGE
35 The Chair dispensed with the reading of the public charge.
36
37 ARTS MOMENT- Change in speaker
38 Arts Commission Board Member Marlon Torres introduced Chris Kubica, who spoke
39 instead of the originally scheduled Ms. Anthony, who is now unwell:
40
41 Arts Moment
42 Chris Kubica, a Carrboro resident since 2006, runs a boutique custom software
43 consultancy by day, and pursues his artistic passions at all other times. He edited the epistolary
44 collection, LETTERS TO J. D. SALINGER for the University of Wisconsin Press and
45 subsequently was an Associate Producer for Shane Salerno's feature-length documentary,
46 SALINGER, which premiered at MOMA in 2013. Locally, Chris is the Vice Chair of the Orange
47 County Arts Commission Advisory Board. Five years ago, Chris founded an all-high-school
48 fiction and poetry writing contest in cooperation with the Chapel Hill / Carrboro City School
49 District. This year, under the official banner of the Orange County Arts Commission, this writing
50 contest will be expanded Orange countywide.
2
1 Chris Kubica read one of his poems.
2
3 2. Public Comments
4
5 a. Matters not on the Printed Agenda
6 Corey Williams said he is a Public Information Officer (PIO) for the US Small Business
7 Administration (SBA) Office of Disaster Assistance. He said Orange County was added to the
8 list on October 15, 2018 to be eligible for grant assistance because of Hurricane Florence. He
9 said this allows any resident (business, homeowner, renter, or non-profit) to be eligible for grant
10 assistance and low interest loans. He said the UCF — UNC game was canceled due to the
11 hurricane, and the Town of Chapel Hill lost monies from tourism revenue. He said SBA offers
12 Economic Injury Disaster loans, which provides working capital to business owners to sustain
13 themselves throughout the recovery period. He said they offer low interest disaster loans to
14 homeowners, up to $200,000 to repair/replace disaster damaged real estate, and up to $40,000
15 to repair/replace disaster damaged personal property. He said the interest rate for home loans
16 is as low as 2%, and 3.675% for the business loans. He said for all of the loans there is a
17 minimum one-year deferment.
18 Carnetta Swann read the following letter:
19 Dear Board of Commissioners,
20 The Perry Hills Community Association (PHCA) would like to thank you for approving the funds
21 for our road improvements and conditions for our subdivision. We would like to give special
22 recognition to Commissioners Renee Price and Earl McKee for their commitment and quick
23 response to address out community issues presented at the Village Circles Forum held at the
24 Efland-Cheeks community center. They personally came to the community to hear and see the
25 conditions. We also would like to thank the Planning Committee including the Commissioners,
26 NC Department of Transportation (DOT) District 7 PE, Planning and Inspection Department,
27 OC Emergency Department, OC Sheriff Department, Community Organizing Consultants,
28 NCDOT Highway Maintenance Engineer, DOT Traffic Engineer, and other departments that
29 worked together to expedite the improvements. The following improvements were completed 6
30 months ahead of schedule:
31
32 Road Improvements:
33 • Paylor Street was resurfaced including drainage of ditches, installing pipes, removed
34 trees and vegetation
35 • Lancaster Road and Shamblay Road were resurfaced
36 • Alpha Drive was partly resurfaced and DOT is revising regulations to complete Alpha
37 and Scarlett Drive
38
39 Thanks to all the departments for working together in making it a priority to respond with such
40 care that has given our community a facelift and a greater sense of pride. We look forward to
41 working with you to complete Alpha and Scarlett Drive to make it safer for our school bus routes
42 and emergency vehicles. Thanks again.
43
44 Sincerely,
45 Carnetta Swann, Committee President
46 Eileen Williamson, PHCA President
47
48 b. Matters on the Printed Agenda
49 (These matters will be considered when the Board addresses that item on the agenda
50 below.)
3
1
2 3. Announcements, Petitions and Comments by Board Members
3 Commissioner Burroughs had no comments.
4 Commissioner Price said Cardinal Innovations met, and the two new members,
5 appointed by the Board of County Commissioners, attended and participated. She said the
6 Board of County Commissioners advisory committee that was put together to elect the directors
7 will continue to meet.
8 Commissioner Price said there was a suicide prevention event held on September 21St
9 and she thanked the Health department for raising awareness of suicide in Orange County.
10 She said some alarming statistics were shared regarding suicidal ideations amongst local high
11 school students, which the Board of County Commissioners (BOCC) may want to review.
12 Commissioner Price said the Durham/Chapel Hill/Carrboro Metropolitan Planning
13 Organization (MPO) met last week, and there are two events coming up: 15-501 work shop on
14 October 21 st at Eno River Unitarian Universalist Church; and the Highway 54 public hearing on
15 November 14th in Durham.
16 Commissioner Rich said she attended an economic development conference with Steve
17 Brantley over the past two days, where the topic of site selection was discussed. She said
18 large manufacturing companies are not relocating now because of uncertainty regarding trade
19 changes from the Federal Government. She said few manufacturing sites are being created,
20 but some companies are looking to locate headquarters. She said a common theme of the
21 conference was a lack of trained workforce. She said she sent emails around about other
22 events.
23 Commissioner Jacobs requested an update on a few things: the Manager looking into
24 adding an environmental impact statement to abstracts; meeting with Mebane and a possible
25 social event; and the roll out of broadband.
26 Commissioner Jacobs said there was a Rural Buffer/JPA 30th anniversary event at
27 Blackwood Farms this evening, and it was good to celebrate the vision and the commitment to
28 preserve the local environment.
29 Commissioner Jacobs said there was a Piedmont Food and Processing Center (PFAP)
30 board meeting yesterday, and they project $270,000 in revenue this coming fiscal year, and a
31 $19,000 profit. He said it is going to break into two entities: a for-profit and non-profit. He said
32 they have helped develop "WePower" for women entrepreneurs in the food industry. He said
33 PFAP just purchased two walk-in blast freezers, which has increased business because these
34 can freeze dry items quickly.
35 Commissioner Marcoplos said he sent an article about tiny homes and the building code
36 to the BOCC. He said there have been many barriers to building tiny homes, and the 2018
37 International Building Code has clarified many code issues. He asked if staff would look into
38 local and state building codes in relation to these international building codes, and explore
39 possibilities for building tiny homes more easily in Orange County.
40 Commissioner Marcoplos said the Board received an email from a woman from Caldwell
41 and the nuisance of incessant gunfire in her neighborhood. He reminded the Board that it
42 should do something if it can, and noted that there was previous discussion regarding a
43 potential good neighbor public campaign encouraging residents to notify neighbors of gun use.
44 Commissioner Marcoplos said the County is having its economic development summit
45 tomorrow at the WCHL studios. He said one segment will be about vocational training.
46 Chair Dorosin said in March the Board of County Commissioners adopted a resolution in
47 support of Marcy's Law. He said he is now strongly opposed to that amendment, since having
48 learned more about this law. He asked that this item be brought back on November 1St to
49 rescind this resolution.
50 Commissioner Marcoplos said he would withdraw his support.
4
1 Commissioner Burroughs also withdrew her support.
2 Commissioner Rich also withdrew her support.
3 Commissioner Jacobs said he would like to read about it, and requested that the item be
4 brought back on November 1St
5 Commissioner McKee made the same request.
6 The Board agreed by consensus to bring this item back at the November 1St regular
7 meeting.
8
9 4. Proclamations/ Resolutions/ Special Presentations
10 a. Proclamation Declaring October 2018 as Dysautonomia Awareness Month
11 The Board considered voting to adopt a proclamation declaring October 2018 as
12 Dysautonomia Awareness Month and authorizing the Chair to sign.
13
14 BACKGROUND:
15 Miranda Harris, an Orange High School student, recently submitted a letter requesting that the
16 Board of Commissioners consider approving a proclamation declaring October 2018 as
17 Dysautonomia Awareness Month. Ms. Harris' request is provided at Attachment 1.
18
19 Dysautonomia is a group of medical conditions that result in a malfunction of the autonomic
20 nervous system, which is responsible for"automatic" bodily functions such as respiration, heart
21 rate, blood pressure, digestion, temperature control and more. Some forms of dysautonomia
22 are considered rare diseases, such as Multiple System Atrophy and Pure Autonomic Failure,
23 while other forms of dysautonomia are common, impacting millions of people in the US and
24 around the world, such as Diabetic Autonomic Neuropathy, Neurocardiogenic Syncope and
25 Postural Orthostatic Tachycardia Syndrome. Dysautonomia impacts people of any age, gender,
26 race or background, including many individuals living in Orange County.
27
28 Miranda Harris and Abigaile Finch, Orange County Schools' students were present; both
29 students have been diagnosed with this invisible chronic Illness.
30 Chair Dorosin read the proclamation:
31
32 ORANGE COUNTY BOARD OF COMMISSIONERS
33 PROCLAMATION
34 DYSAUTONOMIA AWARENESS MONTH
35
36 WHEREAS, dysautonomia is a group of medical conditions that result in a malfunction of the
37 autonomic nervous system, which is responsible for "automatic" bodily functions such as
38 respiration, heart rate, blood pressure, digestion, temperature control and more; and
39
40 WHEREAS, some forms of dysautonomia are considered rare diseases, such as Multiple
41 System Atrophy and Pure Autonomic Failure, while other forms of dysautonomia are common,
42 impacting millions of people in the US and around the world, such as Diabetic Autonomic
43 Neuropathy, Neurocardiogenic Syncope and Postural Orthostatic Tachycardia Syndrome; and
44
45 WHEREAS, dysautonomia impacts people of any age, gender, race or background, including
46 many individuals living in Orange County; and
47
48 WHEREAS, some forms of dysautonomia can be very disabling and this disability can result in
49 social isolation, stress on the families of those impacted, and financial hardship; and
50
5
1 WHEREAS, some forms of dysautonomia can result in death, causing tremendous pain and
2 suffering for those impacted and their loved ones; and
3
4 WHEREAS, increased awareness about dysautonomia will help patients get diagnosed and
5 treated earlier, save lives, and foster support for individuals and families coping with
6 dysautonomia in our community; and
7
8 WHEREAS, Dysautonomia International, a 501(c)(3) non-profit organization that advocates on
9 behalf of patients living with dysautonomia, encourages communities to celebrate
10 Dysautonomia Awareness Month each October around the world; and
11
12 WHEREAS, Orange County seeks to recognize the contributions of the professional medical
13 community, patients and family members who are working to educate residents about
14 dysautonomia in Orange County;
15
16 NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
17 October 2018 as DYSAUTONOMIA AWARENESS MONTH in Orange County.
18
19 This the 16th day of October, 2018.
20
21 A motion was made by Commissioner Rich, seconded by Commissioner Burroughs for
22 the Board to approve and authorize the Chair to sign the proclamation.
23
24 VOTE: UNANIMOUS
25
26 b. Domestic Violence Awareness Month Proclamation
27 The Board considered voting to approve a proclamation recognizing October 2018 as
28 Domestic Violence Awareness Month in Orange County and authorizing the Chair to sign.
29
30 BACKGROUND:
31 Domestic Violence is a pattern of control in an intimate relationship where one person uses
32 coercion and violence to gain power and control over a partner.
33
34 In 1989, the U.S. Congress first passed Public Law 101-112 designating October of that year
35 as National Domestic Violence Awareness Month, and has adopted similar legislation each year
36 thereafter. The goal has been to educate and make the public aware of domestic violence
37 issues, support the victims of domestic violence, and to connect advocates across the nation,
38 who are working to end domestic violence.
39
40 The Board of Commissioners is asked to proclaim October 2018 as "Domestic Violence
41 Awareness Month" in Orange County to support victims of domestic violence, to educate
42 residents, and support those working to end domestic violence.
43
44 Cordelia Heaney, Compass Center Executive Director, read the proclamation:
45
46 ORANGE COUNTY BOARD OF COMMISSIONERS
47 PROCLAMATION
48 DOMESTIC VIOLENCE AWARENESS MONTH
49
6
1 WHEREAS, Domestic Violence is a pattern of control in an intimate relationship where one
2 person uses coercion and violence to gain power and control over his or her partner; and
3
4 WHEREAS, victims of domestic violence can be of any age, race, religion, or economic status;
5 and
6
7 WHEREAS, nearly 1 in 4 women and 1 in 7 men have experienced severe physical violence by
8 an intimate partner in their lifetimes; and
9
10 WHEREAS, too often, the victims of domestic violence are children who have lifelong
11 repercussions from the emotional and physical trauma of experiencing or witnessing domestic
12 violence; and
13
14 WHEREAS, Domestic Violence Awareness Month in October provides us with a special
15 opportunity to advance our efforts to prevent and end domestic violence and to assist all victims
16 of it; and
17
18 WHEREAS, one person can make a huge difference in the life of a child or an adult victim of
19 domestic violence, helping them find safety and making them more resilient to the effects of
20 domestic violence; and
21
22 WHEREAS, each year, non-profit organizations, County staff, and others contribute a multitude
23 of hours year to addressing domestic violence issues and assisting victims, and are often the
24 people who make a difference in the lives of families, abusers seeking services, and victims
25 seeking support during medical assessment or legal proceedings; and
26
27 WHEREAS, we can all do one thing to help end domestic violence and the harm that it causes;
28
29 NOW THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners,
30 do hereby proclaim the month of October 2018 as Domestic Violence Awareness Month in
31 Orange County.
32
33 This the 16th day of October, 2018.
34
35 A motion was made by Commissioner Burroughs, seconded by Commissioner Price for
36 the Board to approve the proclamation designating October 2018 as "Domestic Violence
37 Awareness Month" in Orange County and authorize the Chair to sign the proclamation.
38
39 VOTE: UNANIMOUS
40
41 Cordelia Heaney thanked the Board of County Commissioners for their ongoing support
42 for the Compass Center.
43
44 c. Proclamation Recognizing Katherine Cheek: MOVED TO ITEM 8-1
45 The Board considered voting to approve a proclamation recognizing and expressing
46 gratitude to Katherine "Kat" Thompson Wilkerson-Cheek for her devotion and service to the
47 people of Orange County.
48
49 d. Reduce Single Use Plastics Month & Skip the Straw Month Proclamation
7
1 The Board considered voting to approve a proclamation declaring October 2018 as
2 "Reduce Single Use Plastics Month" and declaring March 2019 as "Skip the Straw Month" and
3 authorize the Chair to sign.
4 Robert Williams, Solid Waste Director, introduced Bruce Woody, new Assistant Director.
5 He then presented this item.
6
7 BACKGROUND: In the spring of 2018, Commissioner Penny Rich petitioned that the BOCC
8 consider implementing a skip the straw program. In reviewing the issue, the Solid Waste
9 Advisory Group (SWAG), in addition to supporting the Skip the Straw program, proposed
10 expanding on the program to encourage the reduction of all single use plastics and having the
11 County and each Town during the month of October issue the proposed proclamation. Each
12 Town is anticipating considering the proclamation during the month of October.
13
14 Hundreds of millions of tons of plastic are produced every year, most of which cannot be
15 recycled. Petroleum based plastic is not recyclable and usually goes into a landfill where it is
16 buried or it ends up in storm-water, lakes and eventually the oceans. While plastic will not
17 biodegrade, it will break down into tiny particles after many years. In the course of breaking
18 down, it releases toxic chemicals, which make their way into the food and water supply.
19
20 The National Skip the Straw Day, founded in 2017, is held the fourth Friday in February, and
21 there is a movement in the greater Triangle area and with coastal counties in North Carolina to
22 declare March 2019 a state-wide Plastic Straw Free Month. By issuing the proclamation now
23 declaring March as Skip the Straw Month, staff anticipates being able to call more attention to
24 the issue and garner widespread community support.
25
26 PUBLIC COMMENT:
27 Kim Piracci said the connection between consumerism and global warming is an
28 infrequently discussed problem. She said fossil fuel burning is usually divided between
29 industrial, transportation, commercial and residential sectors, but recent studies look at the
30 burning of fossil fuels differently: the consumer lifestyle approach. She said this research
31 shows that 80% of fossil fuel burning occurs to support the direct or indirect consumer activity
32 of our lifestyles. She said and example of direct consumer activity is driving a gas vehicle. She
33 said an indirect example is the process of building the car to begin with. She said it is a hard
34 reality for people to face, but it is an important message to keep repeating. She said the use of
35 plastic is a good start, especially single-use plastics.
36 Commissioner Rich read the proclamation:
37
38 ORANGE COUNTY BOARD OF COMMISSIONERS
39 PROCLAMATION
40 OCTOBER 2018 — "REDUCE SINGLE USE PLASTICS MONTH"&
41 MARCH 2019 — "SKIP THE STRAW MONTH"
42
43 WHEREAS, single-use plastics such as straws, cups, utensils, and take-out containers are not
44 recyclable and must be landfilled; and
45
46 WHEREAS, single-use plastic bags are recyclable but still cause harm in the environment; and
47
48 WHEREAS, single-use plastics remain in the environment indefinitely, harming wildlife,
49 impacting water quality, and diminishing the aesthetic character of the County's outdoor
50 environment; and
8
1
2 WHEREAS, plastics do not biodegrade in the environment, but instead break down into smaller
3 micro-plastics; and
4
5 WHEREAS, single-use plastic pollution presents a danger to public health by increasing the
6 pathogens and chemicals in animal tissue, waterways and lowering water quality, requiring
7 significant resources to address; and
8
9 WHEREAS, Orange County and the Towns therein wish to recognize National Skip the Straw
10 Month to encourage residents to give up single use plastic straws; and
11
12 WHEREAS, Orange County and the Towns therein wish to promote the reduction in the use of
13 ALL single-use plastics by residents and businesses by encouraging reuse and durable
14 alternatives, refusing single-use plastics when offered, and offering compostable or reusable
15 alternatives; and
16
17 WHEREAS, Orange County and the Towns therein are known for and committed to social and
18 technical innovation, environmental and waste reduction leadership;
19
20 NOW, THEREFORE, we, the Orange County Board of County Commissioners, do hereby
21 declare October 2018 as "Reduce Single Use Plastics Month" and declare March 2019 as "Skip
22 the Straw Month."
23
24 This the 16th Day of October 2018.
25
26 A motion was made by Commissioner Rich, seconded by Commissioner Burroughs for
27 the Board to approve and authorize the Chair to sign the proclamation.
28
29 VOTE: UNANIMOUS
30
31 e. Resolution Repealing the 1959 Designation of US Highway 15 as the Jefferson
32 Davis National Highwav
33 The Board considered voting to adopt a resolution to repeal the 1959 Board of
34 Commissioners designation of US Highway 15 as the Jefferson Davis National Highway and
35 authorizing the Chair to sign.
36 John Roberts reviewed the background, and added that this went back to the 1920s.
37 He said the Daughters of the Confederacy wanted to have a transcontinental highway named
38 after Jefferson Davis, and this was supported by a NC Senator in 1959 who made a request to
39 the BOCC to recognize highway 15 in Orange County be recognized as this. He said the
40 national request was never seen to fruition, but the local resolution still exists.
41
42 BACKGROUND:
43 Orange County residents have expressed concerns regarding a 1959 Board action designating
44 the section of US Highway 15 from the Durham line to the Chatham line as part of the Jefferson
45 Davis National Highway. Staff research indicates that neither the United States Department of
46 Transportation nor the North Carolina Department of Transportation recognizes a Jefferson
47 Davis National Highway.
48
49 The 1959 resolution had no legal or practical effect other than to recognize Jefferson Davis, the
50 only president of the Confederate States of America. Local governing boards are free to pass
9
1 and repeal resolutions as they see fit so long as repealing a resolution is done with equivalent
2 procedural safeguards as were utilized in approving it. In this case it does not appear the
3 original resolution was approved after any type of special public notice or public hearing, but
4 rather was adopted similar to the way the BOCC currently approves general resolutions.
5
6 The legal effect of adopting the attached resolution is limited to repealing the 1959 resolution. A
7 plaque recognizing the Jefferson Davis National Highway is situated within the state-maintained
8 right of way and is believed by staff at the NCDOT to be privately owned. The County does not
9 have legal authority to encroach into the right of way or to remove the plaque.
10
11 Commissioner Price referred to the third paragraph in the background section, which
12 states that NCDOT staff believes the highway marker plaque is privately owned. She asked if
13 this is accurate.
14 John Roberts said staff at DOT believes that this plaque is privately owned, but there
15 are so many different highway markers that DOT gave up trying to keep track of them all. He
16 said they assume the Daughters of the Confederacy may own this plaque.
17 Commissioner Price asked if they own the land or the plaque.
18 John Roberts said he thinks just the plaque. He said the land is within the state's right
19 of way.
20
21 PUBLIC COMMENT:
22 Nan Fulcher said she supports the resolution to repeal the previously issued resolution.
23 She said the presence of these plaques, statues, and roadway names are part of a calculated
24 plan to promote the superiority of the Anglo Saxon race, with a complete distortion of the history
25 of slavery.
26 Altha Cravey supports the resolution because it is important to actively create inclusive
27 spaces in our communities.
28 Heather Redding supports the resolution.
29 Ivy Barger supports the resolution.
30 Candace Midget supports the resolution.
31 Diane Robertson is a trained historian, and she supports the resolution.
32 Commissioner Marcoplos asked if he can put up a sign in a DOT right of way.
33 John Roberts said yes, but DOT can remove it.
34 Commissioner Marcoplos said he would like to petition DOT to find out who owns the
35 sign, so that the County can approach the owner and ask for its removal.
36 Chair Dorosin said this can be added to the "let it be resolved" section of the resolution.
37 He read the resolution:
38
39 A RESOLUTION REPEALING THE JUNE 1, 1959 BOARD OF COMMISSIONERS
40 RESOLUTION DESIGNATING U.S. ROUTE 15 IN ORANGE COUNTY AS THE JEFFERSON
41 DAVIS NATIONAL HIGHWAY
42
43 WHEREAS, in the mid-twentieth century a private group began a movement to designate a
44 coast to coast national highway as the Jefferson Davis Highway, Jefferson Davis Memorial
45 Highway, or Jefferson Davis National Highway; and
46
47 WHEREAS, this group approached local and state governments across the nation for support
48 in the form of local roadway dedications; and
49
10
1 WHEREAS, on June 1, 1959, pursuant to one such request, the Orange County Board of
2 Commissioners voted to support a resolution designating that section of U.S. Route 15 situated
3 in Orange County as the "Jefferson Davis National Highway"; and
4
5 WHEREAS, the federal government never designated or adopted a Jefferson Davis Highway,
6 Jefferson Davis Memorial Highway, or Jefferson Davis National Highway; and
7
8 WHEREAS, because there is no official "Jefferson Davis National Highway" the 1959 resolution
9 has no legal or practical effect and serves only to recognize Jefferson Davis; and
10
11 WHEREAS, Jefferson Davis, though a United States Senator, was also the President of the
12 Confederacy, a slave owner, and defender of the institution of slavery, and later a defender of
13 white supremacy; and
14
15 WHEREAS, the institution of slavery and its legacy of white supremacy must not be glorified by
16 the recognition of the individuals who defend them; and
17
18 WHEREAS, the Board of Commissioners is committed to dismantling the legacy of racism and
19 inequality that continues to stain our community;
20
21 NOW THEREFORE BE IT RESOLVED that the Board hereby REPEALS the June 1, 1959
22 resolution designating the section of U.S. Route 15 in Orange County as the Jefferson Davis
23 National Highway and will petition that NCDOT remove the plaque and pedestal.
24
25 This the 16th day of October, 2018.
26
27 A motion was made by Commissioner Price, seconded by Commissioner Rich for the
28 Board to adopt the attached resolution repealing the 1959 designation.
29
30 VOTE: UNANIMOUS
31
32 5. Public Hearings
33
34 a. Unified Development Ordinance Text Amendments — Update of Effective Date of
35 Flood Information Rate Maps (FIRM)
36 The Board considered holding a public hearing on a Planning Director initiated Unified
37 Development Ordinance (UDO) text amendment updating the effective date for the County's
38 Flood Insurance Rate Maps (FIRMs).
39 Michael Harvey, Planner III, presented this item:
40
41 BACKGROUND:
42 Orange County has been a member of the National Flood Insurance Program (NFIP) since
43 approximately 1976. The NFIP offers flood insurance to homeowners, renters, and business
44 owners if their community participates in the program through the adoption and enforcement of
45 regulations designed to mitigate/reduce flood risk. This includes adoption of flood maps
46 denoting areas where flooding is a possibility, specifically FIRM developed and maintained by
47 Federal Emergency Management Association (FEMA).
48
49 Staff was informed by State emergency management officials in May 2018 that there is going to
50 be a FIRM update, specifically a modification of floodplain data on several FIRMs impacting
11
1 property in Durham County. The maps contain property in both Orange and Durham counties,
2 effectively making them `shared maps'. While this update will not result in a change in identified
3 flood data within Orange County (i.e. no increase or decrease in flood area on property in
4 Orange County's planning jurisdiction), the data on the shared FIRMs is being changed. As a
5 result, Orange County must modify existing regulation(s) to reflect the new FIRM effective date
6 of October 19, 2018.
7
8 This amendment needs to be adopted by October 19, 2018 in order for Orange County to
9 remain eligible for participation in the NFIP. A copy of the recommended language is contained
10 within Attachment 4.
11
12 As previously indicated, participation in the NFIP is voluntary and floodplain management
13 standards are only enforceable within a specific community. County regulations, for example,
14 only apply to property owners within Orange County's planning jurisdiction. This also means
15 only those property owners benefit from Orange County's participation within the program. It is
16 up to individual communities (i.e. Carrboro, Chapel Hill, Hillsborough, Mebane, etc.) to adopt
17 and enforce floodplain management regulations. Staff is unaware of pending FIRM changes
18 impacting any of the aforementioned municipalities requiring similar amendment(s)/action. It is,
19 however, incumbent on those individual communities to coordinate such action with State
20 emergency management officials.
21
22 Planning Director Recommendation: The Planning Director recommends approval of the
23 Statement of Consistency, as contained in Attachment 3, and the UDO Text Amendment, as
24 contained within Attachment 4.
25
26 Planning Board Recommendation: At its September 5, 2018 meeting, the Board voted
27 unanimously to recommend approval of the Statement of Consistency and the UDO
28 amendment package. An excerpt of minutes and the signed Statement of Consistency from this
29 meeting are included in Attachment 2.
30
31 Chair Dorosin asked if the only change here are the dates.
32 Michael Harvey said yes, and there is no increase in flood property area for parcels of
33 property in Orange County. He said the problem is a technical one where the County needs to
34 insure that the ordinance reflects the most recent FIRM map.
35
36 A motion was made by Commissioner Price, seconded by Commissioner Rich for the
37 Board to open the public hearing.
38
39 VOTE: UNANINOUS
40
41 NO PUBLIC COMMENT
42
43 A motion was made by Commissioner Price, seconded by Commissioner Rich for the
44 Board to close the public hearing the public hearing. (Note that, because this is a legislative
45 decision, additional comments at a later date are permitted).
46
47 VOTE: UNANIMOUS
48
49 A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to:
12
1 a. Adopt the proposed amendments by approving the Statement of Consistency (Attachment 3)
2 and Ordinance (Attachment 4).
3
4 VOTE: UNANIMOUS
5
6 Commissioner Jacobs thanked the Planning Department for the setbacks in stream
7 buffers. He said these setbacks have so far insured that the stream in front of his house has
8 not come anywhere near is house during a storm/flood.
9
10 6. Regular Agenda
11 NONE
12
13
14 7. Reports
15 a. "The 203 Project" Update — Orange County Southern Branch Library
16 The Board received an update on "The 203 Project", including the design process and
17 key points within the Development Agreement between Orange County and the Town of
18 Carrboro.
19
20 BACKGROUND:
21 In October 2017, the Board of Orange County Commissioners approved the
22 Development Agreement between the Town of Carrboro and Orange County for the
23 development of a building on Carrboro owned property located at 203 South Greensboro Street
24 in Carrboro. The Building is contemplated to house the Orange County Southern Branch
25 Library and various administrative spaces for the Town of Carrboro (note Attachment 1:
26 "Development Agreement"). The Board has received information item updates as the
27 Development Agreement process has progressed since the execution of the Development
28 Agreement.
29
30 Timeline of Key Developments
31 In accordance with a Request for Qualifications process in early 2018, Carrboro engaged
32 Perkins + Will as the project architect and titled the project "The 203 Project" in March 2018.
33
34 Through the late spring and summer of 2018, the Town of Carrboro held four public input
35 sessions (June 13, July 23, and two sessions on August 4) on the vision and program for the
36 "The 203 Project." Perkins + Will received over 300 responses either in person or online from
37 community members.
38
39 Joint stakeholder meetings consisting of staff members from the Town of Carrboro, Orange
40 County, the ArtsCenter and WCOM-FM occurred throughout June, July, August and September
41 2018 to process the feedback gathered in the input sessions, plan for shared spaces within the
42 overall building program, examine cost-benefit relationships, and to review site and space
43 planning options that can be mutually supported.
44
45 The Board received a memo on September 4, 2018 (Attachment 2) regarding the progress on
46 "The 203 Project" including the work with the Perkins + Will, the project architects, and the
47 stakeholders of Town of Carrboro, Orange County, the ArtsCenter and WCOM-FM.
48
49 On September 4, 2018 the Carrboro Board of Aldermen held a public hearing and endorsed the
50 recommended schematic design, "The Commons". Work on the project continues to move
13
1 forward as contemplated in the Development Agreement between Orange County and the
2 Town of Carrboro. County staff is satisfied that "The Commons" schematic design provides the
3 library the necessary space, operational efficiency and visibility. An overview of"The Commons"
4 design highlights is provided within Attachment 3.
5
6 On September 20, 2018 a public session was held at the Carrboro Town Hall for review of the
7 recommended schematic design, "The Commons."Town advisory boards and the public were
8 asked to make further comments regarding Design, Site Development, Parking and Teen
9 Center.
10
11 At a planned joint work session on October 25, 2018, the Board of Orange County
12 Commissioners and the Carrboro Board of Aldermen will review the preliminary schematic
13 design, "The Commons", as well as preliminary probable costs developed by the Bree Group of
14 Durham, NC, a Perkins + Will cost estimating sub-consultant, and the recently engaged
15 Construction Manager at Risk firm, Barnhill Construction of Durham, NC.
16
17 Development Agreement Highlights
18 The following are notable Development Agreement point updates for the Board:
19
20 A. Library Location with the "203 Project": "The Commons" schematic design contemplates the
21 Library to occupy a full, contiguous floor on the second level of the facility. With regard to
22 the facility design (Article Three, Section C of the Development Agreement):
23 "The Town, as Owner of the Property, will be primarily responsible for procuring
24 all necessary development approvals for the Project to permit the Orange County
25 Southern Branch Library on the Building's lower floors, the proposed uses on the
26 upper floors as described herein and the required associated parking."
27 The design honors the Orange County Southern Branch Library Development Agreement in the
28 following manner:
29
30 The placement of the library at the center of the second story will allow it to
31 dominate the space while also drawing your attention to the other elements of the
32 building. The design of the interior will allow the customers to see into the library
33 and for the library customers to see what is also going on in the floor below. The
34 library will be accessible to all customers by the grand entrance staircase and two
35 (2) elevators.
36 • The design of"The Commons" still allows for the library to be on 1 floor for
37 optimum operational efficiency
38 While another scheme allowed for the library to be on the first floor, it was not
39 recommended because it did not meet the design/use needs of all partners, did not
40 allow for collaborative opportunities, diminished visibility for the other parties, and
41 was the most expensive of all the schemes. (See metrics table)
42
43 B. Parking: The Schematic Design incorporates the necessary 50 on-site public parking
44 spaces for the library as required by the Carrboro Development Ordinance as well as by the
45 Development Agreement (Article Three, Section M of the Development Agreement):
46 "The parties agree that in the event on-site parking spaces will be owned and
47 paid for by the County shall be available for use by Library patrons during normal
48 Library operating hours. This number of spaces will be determined during the
49 permitting and design of the project. These spaces will be made available to the
50 Town while the Library is closed."
14
1
2 C. Cost Allocation & the Associated Timeframe for Agreement: Since the Schematic Design is
3 largely complete, the County and Town are now within the 45 day period of evaluating the
4 design and its estimated costs (Article IV, Section A):
5 "The parties acknowledge that Exhibit C represents their general understanding
6 of the cost sharing; however, the parties agree to negotiate in good faith the fair
7 and equitable share of all costs associated with this project as soon as possible
8 after the Schematic Design work is completed. If the parties are unable to come
9 to an agreement within forty-five (45) days after the Schematic Design
10 Acceptance date of September 26, 2018, then either party may terminate this
11 agreement by providing ten (10) days advance written notice to the other party of
12 its intention to terminate this agreement."
13 This agreement must be completed by day 45 after the Schematic Design Acceptance Date, or
14 by November 9, 2018. As outlined in the section, if any party is intending to terminate this
15 agreement, they must provide ten (10) days advance written notice to the other party, which
16 would be October 31, 2018. The Parties are also able to negotiate an extension of this period of
17 time, as well as terminate the agreement by either not accepting the Guaranteed Maximum
18 Price ("GMP") of the project or not securing approval for the project financing by the Local
19 Government Commission.
20
21 Carrboro is prepared to appropriate $10,000,000 for its portions of the project and has also
22 appropriated adequate funds for its portion of the design costs. The County anticipates making
23 its funds available on a reimbursement basis to Carrboro in accordance with the Development
24 Agreement and other governing documents. The contemplated total capital project cost for the
25 entire development is estimated at $15,000,000. The latest project cost estimates are expected
26 to be provided and analyzed by staff in time for the October 25, 2018 joint meeting.
27
28 Bonnie Hammersley said this will be an item on the agenda with the Town of Carrboro
29 next week. She said there is more work to do on this, but cost estimates have recently been
30 received, which are much higher than the budgeted amount. She said she has talked with the
31 Carrboro Town Manager about the costs, but she does not think the costs will be available by
32 next week. She said tonight will provide an update on the planning thus far.
33
34 Commissioner McKee arrived at 8:18 p.m.
35
36 Jeff Thompson, Asset Management Services Director began following PowerPoint
37 presentation:
38
39 "The 203 Project"
40 Orange County Southern Branch Library
41 - Update -
42 October 16, 2018
43
44 Purpose
45 To receive an update on "The 203 Project," including the design process and key points within
46 the development agreement between Orange County and the Town of Carrboro.
47
48 Background
15
1 • In October 2017, the Board of Orange County Commissioners approved the
2 development agreement between the Town of Carrboro and Orange County at 203 S.
3 Greensboro St. in Carrboro.
4 • The building will house the Orange County Southern Branch Library, Town of Carrboro
5 Recreation and Parks Dept., The ArtsCenter, and WCOM-FM
6 • The Board has received information item updates as the development agreement
7 process has progressed.
8
9 Timeline of Key Developments
10 • March 2018: Carrboro engaged Perkins + Will as the project architect and titled the
11 project "The 203 Project."
12 • May-Aug. 2018: Carrboro held 4 public input sessions. Perkins + Will received over 300
13 responses either in person or online.
14 • June-Sept. 2018: Joint meetings with Carrboro, Orange County, The ArtsCenter and
15 WCOM-FM to process input sessions, plan for shared spaces, examine cost-benefit
16 relationships, and to review site and space planning options.
17 • Sept. 4, 2018:
18 -This Board received a memo (Attach. 2) re progress on "The 203 Project."
19 -Carrboro Board of Aldermen held a public hearing and endorsed the recommended
20 schematic design, "The Commons"(Attach. 3). County staff is satisfied this design
21 provides the library the space, operational efficiency and visibility it requires.
22 Sept. 20, 2018: Carrboro held an information session in re "The Commons"for town
23 advisory boards and the public, and received comments regarding design, site
24 development, parking and teen center.
25 Oct. 25, 2018: The Board of Orange County Commissioners and the Carrboro Board of
26 Aldermen will review the "The Commons."
27 Parking: The design incorporates the necessary 50 on-site public parking spaces for
28 the library as required by the Carrboro Development Ordinance as well as by the
29 development agreement (Article 3, Sect. M).
30
31 Development Agreement Highlights
32 Schematic Design &Associated Timeframe: The County and Carrboro are now within the
33 45-day period of evaluating the design and its estimated costs (Article 4, Sect. A). The
34 contemplated endpoint for this timeframe is November 9L, 2019
35
36 Lucinda Munger, Library Director, continued the presentation:
37
38 Location: The Library will occupy a full, contiguous floor on the 2nd level of the facility.
39 • The library will dominate the space while also drawing attention to other elements of the
40 building.
41 • The library will be accessible to all customers by the grand entrance staircase and 2
42 elevators.
43 • The design allows for the library to be on 1 floor for optimum operational efficiency.
44 • (An option for a 1 s'floor presence would have diminished collaboration with and visibility
45 for other parties and was more expensive.)
46
47
48 Conceptual Design Highlights
49
16
1 Lucinda Munger and Jeff Thompson reviewed the next several slides, which were
2 matrixes and conceptual designs of the facility.
3
4
5
6
7 Evaluation matrix/pictures next 8 slides - page 5-8
8
9 Lucinda Munger said the library will be distinguished from the other parts of the building
10 by external signage and use of different materials.
11 Lucinda Munger described the interior of the building, noting spaces for the Town of
12 Carrboro, the Arts Center, and the County; as well as the ways that all entities will make use of
13 these spaces. She said the lobby will serve as a gathering space; the staircase will lead up to
14 the library and will be visible from the lower floor. She said there is also a teen center.
15 Jeff Thompson said there are 130 library parking spaces.
16 Lucinda Munger reviewed the second level of the building, where the library will be
17 located. She said the brown area on the slide is for the Arts Center Improve Theater and
18 classrooms. She said WCOM will be housed on this floor next to the library space.
19 Lucinda Munger said the net square footage of the library/orange section is about
20 13,500, and with the inclusion of the grey area, the total is 15,000 sq. ft.
21
22 Lucinda Munger reviewed the final floor noting the Town of Carrboro and Arts Center
23 areas. She said the pinkish areas are shared space among all of the entities (e.g.: kitchen,
24 copy room, work room, etc.). She said the blue rooms are meeting rooms and these can be
25 rented out for events. She said the green roof will be designed to environmental standards,
26 including some elements of LEED design.
27 Jeff Thompson resumed the presentation:
28
29 Current Key Project milestones - Estimates
30 2018
31 • Oct. 25: Joint County/Town meeting:
32 o Designer presentation of schematic design
33 o Discussion by Boards at joint County/Town meeting
34 • Nov. 9: 45 day review period ends
35 • Late November: begin developmental design documents
36
37 March 2019
38 • March 1: Begin construction documents phase
39 • March 15: Anticipated staff approval of site permit documents
40 • March 18: 100% site work construction documents complete; 50% building construction
41 documents issued
42
43 Summer 2019
44 • June 19: Construction manager's guaranteed maximum price (GMP) approved;
45 commence site construction
46 • July 12: Submit building permit
47 • Aug. 12: Anticipated permit approval of building documents; commence construction
48
49 2020
50 Sept. 12: Construction substantially complete
17
1
2 Commissioner Rich referred to use of the black box space, and asked if the County
3 would have to rent this space if it wanted to use it, since the County is paying for library space.
4 Lucinda Munger said that has yet to be determined, but the promise of this project is to
5 share spaces and the County envisions using that space maybe 3 times a year, during the day;
6 and they will continue to discuss this. She said this is the same with Parks and Recreation
7 spaces.
8 Commissioner Marcoplos asked if there is going to be a cost benefit study completed
9 regarding the installation of solar arrays on the roof.
10 Jeff Thompson said yes, and this is ongoing.
11 Chair Dorosin said the BOCC has a joint meeting with Carrboro on October 25th and he
12 and Carrboro Mayor Lavelle plan to make this more like a work session with engaging dialogue.
13 Bonnie Hammersley said there will be a limited presentation on this project at that
14 meeting.
15
16 b. Dental Health Services in Southern Orange County Proposal
17 The Board received a proposal highlighting potential options for dedicated dental health
18 services in southern Orange County.
19
20 BACKGROUND:
21 Prior to June 30, 2011, the Orange County Health Department Dental Clinic operated in two
22 locations. Services were offered two days per week at Carr Mill Mall in Carrboro and 2 '/2 days
23 per week in Hillsborough. Because the annual rent for the space at Carr Mill Mall was
24 approximately $62,000 and the space was in great need of renovation, the Orange County
25 Board of Commissioners voted to close the Carr Mill Mall Clinic when the lease expired on June
26 30, 2011. The dental clinic located in Hillsborough was renovated to include eight dental chairs,
27 began operating five days per week, and continues to do so today.
28
29 Since the closure of the dental clinic in Carrboro, there has been a desire to bring back a dental
30 clinic to the southern part of the County by adding a permanent facility at the Southern Human
31 Services Center (SHSC) location. The upcoming renovation to the SHSC brings the opportunity
32 to make this possible. The attached presentation highlights expanding dental services via a
33 mobile dental clinic that would visit schools, community centers, and nursing homes two days
34 per week, and be located at SHSC 2 '/2 days per week to deliver services.
35
36 FINANCIAL IMPACT: The chart below compares the financial impact to expenditures and
37 projected revenue for both the proposed permanent dental clinic at SHSC and the proposed
38 mobile dental clinic. The permanent clinic would be staffed with all new positions while the
39 mobile clinic would be staffed with shared positions from the Hillsborough clinic. The potential
40 decrease in revenue at the Hillsborough clinic would be recovered by revenue received through
41 the mobile clinic.
42
Financial Impact Table Permanent Dental Mobile Dental Clinic Mobile Dental Clinic
Permanent Dental Clinic Expenditure Expenditure Name Cost
Clinic Expenditure Cost
Name
Construction* $115,000 Vehicle Purchase* $456,825
(Equipment Included)
New Staff (Dentist, $355,443 New Staff (0.5 FTE $47,412
Hygienist, Dental Driver/Office Assistant)
18
Assistant, Office
Assistant)
Equipment (Medical, $139,158 Insurance, Maintenance, $6,912
Technological, and and Fuel
Furniture)*
Supplies (Medical and $30,000 Supplies (Medical and $15,000
Office) Office)
Other (Training, $19,410 Other (Advertising, $3,800
Advertising, Interpreters, Uniforms, Interpreters)
Telephone, Repairs,
Uniforms)
Total Year 1 $659,011 Total Year 1 $529,949
Total Subsequent $404,853 Total Subsequent $70,324
Years Years
Projected Annual $224,297 Projected Annual $103,169
Revenue Revenue
1
2 Quintana Stewart, Health Department Director, and Dr. Michael Day, Dental Director,
3 made the following PowerPoint presentation:
4
5 Dental Health Services in Southern Orange County
6 Quintana Stewart, Health Director
7 Dr. Michael Day, Dental Director
8
9 Background
10 ➢ Prior to June 30, 2011, Orange County Health Department Dental Clinic operated in two
11 locations— 2 days per week at Carr Mill Mall in Carrboro and 2 '/2 days per week in
12 Hillsborough.
13 ➢ Carr Mill Mall Clinic closed when lease expired June 30, 2011.
14 ➢ Rent was $62,000/yr
15 ➢ Space needed lots of renovation
16 ➢ Carr Mill Mall clinic served 1,495 patients in the last year in operation
17 ➢ To absorb the former patients from the Carrboro Clinic, the Hillsborough Dental Clinic
18 was renovated to include 8 dental chairs and began operating 5 days per week and
19 continues to do so today.
20 ➢ Plans to add a dental clinic to the Southern Human Services site during their upcoming
21 renovations to reinstate health department dental services in the Southern part of the
22 County
23
24 Current Situation
25 ➢ 39% of current patient population at Hillsborough Dental Clinic (1,199 patients) have a
26 mailing address in either Chapel Hill or Carrboro.
27 ➢ Dental Services in Orange:
28 ➢ Piedmont Health Services (x2)
29 ➢ UNC School of Dentistry
30 ➢ UNC SHAC (limited services)
31
32 Proposal
19
1 ➢ OCHD asks Commissioners to consider a change to proposed SHSC renovations to
2 include procurement of a Mobile Dental Clinic rather than the permanent build of a
3 dental clinic.
4 ➢ The mobile unit frees up additional needed space for DSS at SHSC
5 ➢ Allows for County Dental Services to be made available in Southern Orange as well as
6 other parts of the County
7 ➢ Expands the OCHD Dental Program
8
9 Dr. Day presented this portion of the PowerPoint:
10
11 Mobile Dental Clinic
12 • $456,825 (equipment included)
13 • 2 operatories, MSV Series 4000-37-102 (Matthews Specialty Vehicles)
14 • Staffing — Hillsborough Staff and 1 additional 0.5 FTE (Driver/Office Assistant)
15
16 Mobile Clinic Examples
17 • the mobile clinic would be fully branded, inside and out, as the Orange County Mobile
18 Dental Clinic
19 • OCHD proposes a contest with the school systems to name the mobile clinic
20
21 Proposed Schedule & Services
22 ➢ 2 days per week in the community
23 ➢ 2 '/2 days per week at SHSC
24 ➢ Procedures offered on Mobile Clinic (same as Hillsborough Clinic):
25 • Exams
26 • Cleanings
27 • Sealants
28 • Fluoride
29 • Fillings
30 • Extractions
31 • Simple Root Canals
32
33 Mobile Clinic in Community
34 2 Days Per Week on the Road to visit:
35 • Schools with highest number of children on free and reduced cost lunch
36 • OC and Chapel Hill Carrboro Head Starts
37 • Senior Centers and Community Centers (including the Northern part of county and
38 areas historically noted with access/transportation issues)
39 • Assisted living facilities and nursing homes with ambulatory patients
40
41 Mobile Clinic at SHSC
42 2 and '/z Days Per Week at SHSC
43 ➢ Will see patients in the mobile clinic while parked next to the medical clinic
44 ➢ Dedicated time for patients living in the southern part of Orange County
45
46 Quintana Stewart presented this portion of the PowerPoint:
47
48 Financial Impact-staff is the major impact (graph)
49
20
1 Opportunities
2 • Enhance community partnerships with Aging Community, Schools, local Head Start,
3 Community Centers, etc.
4 • Increase access to Dental Services throughout the County, not just in Southern part.
5 • Brand and promote OCHD Dental Program
6 • Fall into alignment with NC Oral Health Strategic Plan
7 (https://www.ncminorityhealth.org/data/documents/Oral Health Ea uity-9.24.18-WEB.pdf)
8
9 The Unknowns
10 • Transition of current 39% of Chapel Hill/Carrboro patients to SHSC for dental services,
11 leaving a decrease in patient volume in Hillsborough.
12 • Permanent Dental Clinic at SHSC volume considering current dental resources in
13 Southern Orange
14 • Ability to sustain Dental Staff at SHSC
15
16 Commissioner Price asked if the proposal is to pull staff from Hillsborough to operate
17 the mobile unit.
18 Quintana Stewart said there would be one dentist and one hygienist pulled, and a part
19 time driver and clerical staff hired.
20 Commissioner Price asked if these staff will work 5 days on the mobile unit.
21 Quintana Stewart said the mobile unit will do two days at the SHSC and 2 days in the
22 community (e.g. schools).
23 Commissioner Price asked if one dentist and hygienist are enough.
24 Quintana Stewart said yes, as this will leave 1.5 full-time dentists in the Hillsborough
25 site.
26 Commissioner Price again asked if this is enough staff.
27 Commissioner Price asked if more staff would be needed if a permanent dental clinic
28 was built out at the Southern Human Services Center.
29 Quintana Stewart said yes, and she said they will offer the mobile unit option twice a
30 week at the SHSC, which will account for the 39% of people being seen in Hillsborough. She
31 said the hope is that it will all balance out.
32 Commissioner Price said she would assume that the need for extra staff would exist
33 regardless of whether it is a mobile unit or bricks and mortar. She said going into the
34 community may reach a larger portion of the population.
35 Quintana Stewart said the mobile unit would not be at school for a full 8-hour work day,
36 and there could still be time for the staff to come back to Hillsborough.
37 Commissioner McKee said he liked the idea of the mobile van. He asked if the current
38 operational capacity at Hillsborough is known.
39 Dr. Day said it is at 100% with two full-time dentists, three dental hygienists, and a GPR
40 resident that rotates in for 3 months. He said there is a fourth dentist on Wednesdays, and
41 there are 9 operatories, with all 9 are being used.
42 Commissioner McKee said he would hate to move staff to the mobile unit, and then in 6
43 months realize that additional staff has to be hired for Hillsborough.
44 Dr. Day said in Durham he would go on the mobile unit to a school until the buses
45 arrived for dismissal, at which time, he would return to the clinic and see patients for another
46 2.5 hours. He said the addition of the dental van would allow more children to be seen, and
47 more income is made seeing children than adults.
48 Commissioner McKee asked if there is any insight on how the County may compete with
49 Piedmont.
21
1 Dr. Day said that is why he thinks the mobile van is the better choice, as it would go in a
2 completely different direction. He said children cannot make it to the dental clinic, but many of
3 them need to be seen. He said Piedmont has a different model, and thus there would be little
4 competition.
5 Commissioner McKee referred to the comment that the mobile unit visiting the schools
6 would take the "parents out of the equation", and he asked if more clarification could be given
7 regarding this comment.
8 Dr. Day said in Durham a packet of information was given to the schools to distribute to
9 the parents, and the parents could decide if they wanted their child to be seen. He said if a
10 parent agrees, the staff would see the child, send a treatment plan home with the child, and the
11 parent can then agree/disagree to the plan. He said this process allows for a parent to not miss
12 work in order to take a child to the dentist, but keeps the parent involved in the treatment plan.
13 Commissioner Jacobs said this is an interesting adaption and a good idea. He said the
14 BOCC has previously debated the merits of two dental services sites versus one, and the
15 decision was made to have it in Hillsborough because the BOCC made a specific commitment
16 to bring back dental services to the southern part of the County at some point. He said it would
17 be nice to have this information shared at the joint meeting with Carrboro next week, to show
18 that the BOCC has stuck to its commitment to bring services back.
19 Commissioner Jacobs said he understands why there is a lot of discussion about
20 schools, but the elderly are in equal need of services. He said it would be wise for the Health
21 Department to talk the Department on Aging to hopefully offer a better balance of services
22 Commissioner Rich said she was on the Chapel Hill Town Council during the
23 discussions about closing the clinic years ago, and she did make comments about the closing.
24 She said it is a good idea to make sure the towns know that it was a commitment from a prior
25 Board of County Commissioners to bring dental services back to the southern part of the
26 County. She said she also agreed with providing services for assisted livings and group
27 homes.
28 Commissioner Burroughs said this is exciting, and she appreciated this item being
29 brought forward. She thinks it is a nimble solution that will serve many, as well as meet past
30 commitments made by the BOCC.
31 Commissioner Price appreciated this as well, and would encourage them to work with
32 the schools, in case the mobile unit needs to stay longer than 2:30 p.m.
33 Chair Dorosin said this is a great idea. He said there seems to be general Board
34 consensus to move forward, and asked if doing so would make more space available to the
35 Department of Social Services (DSS) in the SHSC.
36 Bonnie Hammersley said DSS has indicated it would like more space, and staff would
37 have to reevaluate the available space for all the departments.
38
39 c. Hurricane Florence Operations Review and Debriefing
40 The Board received a presentation and discussed the County's preparedness,
41 response, recovery, and mitigation strategies during and following Hurricane Florence.
42
43 BACKGROUND:
44 The response to Hurricane Florence involved a multijurisdictional and interdepartmental effort to
45 ensure the safety of residents in Orange County. Although Orange County avoided widespread,
46 devastating impacts, the storm had significant localized impacts and tested the County's
47 emergency response and recovery operations. Attachment 1 details the timeline of the storm
48 and the County's response to it.
49
50 Preparedness
22
1 Starting on September 7, Emergency Services began closely monitoring what would become
2 Hurricane Florence. During this time, Emergency Services communicated with key response
3 partners and provided situational reporting. On September 9, Emergency Services activated the
4 Severe Weather Annex of the County's Emergency Operations Plan. The Emergency
5 Operations Center was partially activated on September 10, and the Chair of the Board of
6 Commissioners signed a State of Emergency Declaration.
7
8 On September 11, 2018, the County held a department directors meeting to discuss the
9 potential timing, intensity, and impacts of Hurricane Florence. Department directors reviewed
10 internal communications, facility vulnerability and capacity, potential alternative work sites, fuel
11 availability, and cost accounting practices. Department directors also discussed a public
12 communications strategy, vulnerable areas in the community, potential mass care sheltering,
13 and areas where residents could access cooling and electricity in the event of prolonged,
14 widespread power disruptions. The Department of Social Services in cooperation with
15 Emergency Services also began pre-storm shelter activation, and a public information line was
16 activated for residents seeking information about the storm and potential sheltering needs.
17
18 On September 12, approximately forty-eight hours before the storm's projected landfall, Orange
19 County remained in the forecast of probable impacts. The Emergency Operations Center began
20 twenty-four (24) hour activation with all emergency support functions represented. The County
21 proactively opened two no barrier, pet friendly mass care shelters at 6:00 PM at Stanford and
22 Smith Middle Schools. The shelters were staffed by the Department of Social Services, the
23 Health Department, and Animal Services.
24
25 Response Operations
26 The County suspended nonessential operations starting at 1:00 PM on Thursday, September
27 13 and for the entire day on Friday, September 14.
28
29 The County established several forms of communication for residents to remain informed and
30 diligent during the storm. Along with the public information phone line, the County set up a
31 website for storm related information and actively used social media to push messages to the
32 public. Frequently asked questions were prepared in English, Spanish, Burmese, and Karen.
33
34 A text alert system was also created. Text messages are the most reliable mode of
35 communication during power outages and corresponding internet connection disruptions. This
36 service had a total of 4,300 subscribers by the end of the storm event. A survey of
37 approximately 400 subscribers indicated that ninety-eight percent (98%) would recommend the
38 service to a friend or neighbor.
39
40 By September 14, the primary storm had shifted away from Orange County. The County
41 received some gusty winds and heavy bands of rain that largely resulted in localized power
42 outages. During this time, the two shelters were occupied by approximately two hundred
43 individuals. However, as the relatively minor impacts of the storm became clear, the shelter
44 population quickly decreased. By the time the shelters were closed on September 16, less than
45 fifteen individuals were residing in them.
46
47 The County also supported the State sponsored mass care shelter at the UNC Friday Center
48 for residents from other parts of the State that were impacted by the Hurricane. The County
49 primarily provided emergency medical service staffing to the shelter population that reached a
50 capacity of five hundred (500) individuals during the storm event.
23
1
2 Heavy rain started again on Sunday, September 16 and Monday, September 17. The rainfall
3 intensity peaked at 7:00 AM on Monday at rates of five (5) to six (6) inches per hour. This rain
4 prompted additional power disruptions, road closures, and the evacuation of residents in the
5 flood prone areas of southern Orange County. These evacuations resulted in the reactivation of
6 sheltering operations at Hillsborough Commons.
7
8 Recovery Operations
9 The County continues to refine both public and private damage assessment estimates to
10 determine eligibility for disaster assistance. The County is using a web based tool called Crisis
11 Track that allows residents to report damage and request follow-up.
12
13 Although the Hillsborough Commons shelter was closed, several families and individuals
14 remain unable to return to their apartments. The Department of Social Services continues to
15 provide hotel accommodations and support to obtain new clothing, personal items, and
16 furniture.
17
18 County departments and other public safety agencies engaged in deployments to areas of the
19 State most affected by Hurricane Florence. The Department of Social Services is providing food
20 and nutrition screening for Scotland County. The Sheriff's Office responded to three mutual aid
21 missions. South Orange Rescue Squad deployed to one mission. The Orange Rural Fire
22 Department assisted on two missions, and the Chapel Hill Fire Department and Public Works
23 Department each deployed on one mission.
24
25 Lessons Learned and Mitigation
26 As part of the debriefing process, County departments have identified several lessons and
27 opportunities for improvement and future mitigation.
28 • Reassessment of mass care shelter needs and readiness
29 o During sheltering operations, County staff noted the need to improve some
30 facility elements and refine how care is provided to medically fragile or
31 vulnerable individuals. Long term sheltering operations will also require a more
32 robust staffing plan.
33 Personnel policies for exempt, essential employees
34 o The County's shelters were largely staffed by exempt employees who do not
35 receive additional compensation for hours worked during a suspension of
36 nonessential operations. The County will review this policy for fairness and
37 consistency.
38 • Policy for media access in shelters
39 o The County was asked by several media outlets to enter the shelters and
40 interview shelter residents. The County will refine and codify its policy for media
41 access so that shelter managers can provide clear guidance.
42 Expectations of Community Centers
43 o The County's three community centers are capable of providing respite following
44 a severe weather event. However, these expectations are not outlined in the
45 Center's operating agreements. The County needs to define and communicate
46 consistent expectations across the centers as well as evaluate the Centers' role
47 in the County's severe weather communications strategy.
48 • Flood Prone Area Assessment and Mitigation
49 o The County has identified several flood prone areas that consistently flood during
50 heavy rainfalls. The most significant risks are located in the Town of Chapel Hill.
24
1 Responding to this consistent flooding consumes significant public resources.
2 The County will work with the Town to develop mitigation strategies for these
3 areas.
4
5 FINANCIAL IMPACT: The County is continuing to gather information regarding the cost of
6 emergency protective measures and damage to public and private property. Current estimates
7 suggest the cost of protective measures to be approximately $2.4 million, damage to public
8 property to be over$1.4 million, and private damage to approach $500,000.
9
10 Travis Myren made the following PowerPoint presentation:
11
12 Hurricane Florence Operations Review and Debriefing
13 October 16, 2018
14
15 Timeline of Storm Forecast and Impacts- table
16
17 Storm Preparation
18 Declaration of State of Emergency
19 o Issued by the Chair of the Board of Orange County Commissioners
20 o Orders all County Personnel to Cooperate to Execute the Emergency Operations
21 Plan
22 o Formally Activates the Emergency Operations Center
23 o Authorizes Manager to Implement Prohibitions, Restrictions, Evacuations, and
24 Curfews to Maintain Order and Protect Lives and Property
25 Department Head Planning Meeting
26 o County Operations
27 ■ Review Internal Communications Protocol
28 ■ Review Facility Vulnerability and Capacity
29 — Identify and Shore Flood Prone Facilities
30 — Test Emergency Power
31 ■ Identify Alternative Work Sites
32 ■ Review Emergency Fuel Policies
33 ■ Name Essential Personnel
34 ■ Cancel Discretionary Leave for Essential Personnel
35 ■ Non-Essential Operations Suspended
36 — Thursday, September 13 - Half Day - $91,760
37 — Friday, September 14 - Full Day - $183,517
38 o Community Safety and Communications
39 ■ Review Public Communications Modes and Strategies
40 ■ Prepare Mass Care Shelters
41 ■ Work with Respite Centers on Hours of Operation
42 Emergency Operations Center
43 o Epicenter of Emergency Coordination
44 o Partial Activation - September 10th and 11th
45 o Full Twenty Four (24) Hour Activation — September 12th
46 Organized by Emergency Support Function (ESF)
47
48 Emergency Operations Center Organizational Chart (flowchart)
49
25
1 Sheltering Operations - no barrier shelters —clients go through a registration process and
2 Orange County follows the American Red Cross standards but staff has not compiled data on
3 which neighborhoods clients come from but they focused on the areas that are prominent for
4 flooding and their shelters are on public transportation lines and at public schools and also DSS
5 for the rain event on Monday. They activated shelters pre-storm which was helpful.
6
7 Sheltering Operations-photo
8 Charles W. Stanford Middle School, Hillsborough
9 • Opened 9/12 at 6:00 p.m.
10 • Peak population of 45 individuals
11 • Closed 9/16 at noon
12 • Town Hall meetings for weather and service information
13 • Information provided in four languages
14 • Pet friendly: 4 dogs, 2 rabbits
15
16 Sheltering Operations-photo
17 Smith Middle School, Chapel Hill
18 • Opened 9/12 at 6:00 p.m.
19 • Peak population of 123 individuals
20 • Closed 9/16 at noon
21 • Town Hall meetings for weather and service information
22 • Information provided in four languages
23 ■ Pet friendly: 13 dogs, 2 cats, 2 rabbits
24
25 Sheltering Options — photo
26 Hillsborough Commons
27 • Opened 9/17 at 3:00 p.m. (Monday)
28 • Peak population of 15 individuals
29 • Closed 9/21 at 2:00 p.m. (Friday)
30 • Pet friendly: no pets required shelter
31
32 Sheltering Operations
33 Shelter Staffing
34 o Department of Social Services & Health Department
35 122 Twelve Hour Shifts
36 — Supervisors and Managers
37 — Social Workers
38 — Public Health Nurses
39 — Environmental Health Specialists
40 Contracted with Nurse Aide
41 — Personal Care and Mobility
42 o Animal Services
43 29 Twelve Hour Shifts
44 — Program Coordinator
45 — Office Staff
46 — Animal Control Officers
47 — Community Emergency Response Volunteers
48 State Shelter- UNC Friday Center
49 o Shelter Designed for Evacuees of Impacted Areas
26
1 ■ State Contracted with Red Cross to Manage
2 ■ Reached 500 Person Capacity on 9/17
3 o County Staff Support
4 ■ Ambulance 9/15-9/19
5 ■ Three personnel on a 24 Hour Basis
6 ■ Provided Essential Medical Supplies and Coordinated Oxygen Delivery
7 ■ Established Rely MD Service for Online Medical Evaluations and
8 Prescriptions — No Cost
9 o UNC Hospital Provided Prescription Medication at No Cost
10 o Pet Care Provided by NCSU Veterinarian
11 ■ OC Animal Services Available for Large Dogs
12 o Sheltering Operations
13
14 Communications
15 • County Website
16 o Hurricane Florence Page - 4,100 Page Views
17 o Emergency Preparedness Page— 3,500 Page Views
18 o Road Closure Page— 9,000 Page Views
19 • OC Facebook & Twitter
20 o Experienced More Than 10% Increase in Followers and Page Likes
21 o Almost 50 Posts & Facebook Alerts During the Storm
22 o Tweeted or Re-tweeted More than 100 Times
23 o 7,900 Visits and 11,000 Page Views in September
24 ■ Compared to 1,300 Visits and 2,600 Page Views in October
25 OCSTORM Text Notification Service
26 o Text Subscription Service through OC Alerts
27 o Most Reliable Communication During Power Interruptions
28 o More than 4,300 Subscribers by End of Storm Event
29 o 25 Notifications on Shelters, Safety Measures, and Weather Threats
30 OCSTORM Survey
31 o 416 Survey Responses or 9.6% of Subscribers
32 o 98% of Respondents Would Recommend to Friend or Neighbor
33
34 Documented Floodinq and/or Flood Damage Locations Unincorporated Orange County
35 ma
36
37 Flood Prone Areas and Planning
38 Exposure to the 1-Percent-Annual-Chance (100-year) Flood (chart)
39
40 Flood Prone Areas and Planning
41 Exposure to the 0.2 Percent-Annual-Chance (500-year) Flood (chart)
42
43 Flood Prone Areas and Planning
44 Repetitive Loss Properties by Jurisdiction (chart)
45
46 Estes Drive (photo)
47
48 East-gate (photo)
49
50 Camelot Village Condominiums (photo)
27
1
2 Flood Prone Areas and Mitigation
3 Camelot Village Condominiums
4 — Constructed in 1967 Inside Bolin Creek Floodway
5 Before Floodplain Management Regulations in Chapel Hill
6 — Condominium Ownership— Rented to Non-Owners
7 — Affordable Housing Units
8 32 Housing Choice Voucher Units
9 — Divided Between Eight (8) Landlords
10 18 Voucher Units Impacted
11 12 Residents Receiving Temporary Housing Support from County
12
13 Countywide Initial Damage Assessment
14 Cost of Emergency Protective Measures
15 — $2.4 Million
16 Public Facility and Property Damage
17 — $1.4 Million
18 — Private Property Damage
19 — Commercial Property- $471,000
20 34 Businesses Reported Physical Damage
21 — Residential Property - $1.7 Million residential
22 109 Units— Including 64 Camelot Apartments
23
24 Recovery Operations
25 FEMA Major Disaster Declaration
26 — Public Assistance (PA) — Undeclared
27 Emergency Protective Measures
28 Damage to Public Facilities and Property
th
29 — Individual Assistance (IA) — Declared October 14
30 Uninsured Losses
31 Temporary Housing and Replacement Assistance
32 — Disaster Supplemental Food and Nutrition Assistance Program (D-SNAP)
33 Eligibility Broadened to Account for Storm Related Losses
34 Department of Social Services to Administer
35 — Small Business Administration Support
36 Ongoing Housing Support
37 — Residents of Camelot Village Apartments
38 — Ten Families at University Inn Hotel
39 — Sixteen Individuals
40 — Three Cats
41 — One Dog
th
42 $12,000 Expended as of October 8
43 Reimbursable Expense with Public Assistance Emergency Declaration
44 Cost Sharing Discussions with Chapel Hill if not Reimbursed
45 — One Family with Disabilities Housed at Red Roof Inn
46
47 Lessons Learned and Planning for the Future
48 Mass Care Shelter Needs and Readiness
49 o Reassess County Facilities
28
1 o Medically Fragile Residents
2 o Staffing Plans— Expand Responsibilities
3 o Review Compensation for Essential Staff- exempt and non-exempt and
4 treat similar staff the same during an event; probably a workgroup to
5 discuss and provide recommendations
6
7 Bonnie Hammersley said another policy issue to address is the reimbursement of hours.
8 She said exempt employees do not get paid, and it may be necessary to create emergency
9 exempt employees. She said department directors determine who is an essential employee
10 during a particular event.
11 Commissioner Marcoplos asked if there is anyway to understand the cost to the flood
12 prone areas in Chapel Hill: Eastgate, Bolin Creek, Booker Creek, etc. He said it would be
13 helpful to understand the entire cost to the community, such as lost wages and economic
14 impacts for all events over the years. He said it may be worth considering what it costs to turn
15 Eastgate into a lake, and potentially redesign that whole area. He said he would like that
16 information.
17 Commissioner Jacobs said they are critical of beach communities that allow residents to
18 continue to build in areas that are repeatedly damaged; yet there is the same issue in some of
19 the communities here. He said those most affected locally are those of low wealth. He said
20 this is a repetitive failure.
21 Commissioner Rich said she spoke to the Chapel Hill Mayor, and the Town is trying to
22 fix some of the areas that are flood prone. She said the County should reach out to them to get
23 some type of report/update.
24 Commissioner Jacobs said it has to be a public health issue to live in a place that is
25 repeatedly flooded.
26 Commissioner Marcoplos said a lake would be a benefit to the community, and would
27 turn a constant problem into a nice feature.
28 Commissioner Price said as radical as that may sound, a large mall in Ohio was turned
29 into a park, etc.
30 Travis Myren resumed the presentation:
31
32 Policy for Media Access in Shelters
33 o Codify Policy for Access and Content
34 Define Expectations of Community Centers
35 o Operating Agreements and Communications Strategy
36 Continuity of Operations Plan Exercises
37 o Finance and Payroll
38 Continue Emergency Operations Center and Incident Command System (ICS) Training
39 Continue to Review and Study Flood Prone Areas and Mitigation Strategies
40 Collaborate and Provide Support to Chapel Hill on Mitigation for Camelot Village
41 Apartments
42 — Mitigation Strategies
43 o FEMA Committed Funds Twice for Buyout
44 o Future Buyout/Other Mitigation —Town Leadership with County
45 Supporting
46 — Lessons Learned and Planning for Future
47 Questions and Discussion
48
29
1 Commissioner Rich said the communication throughout Florence was great, but not as
2 much for Michael. She asked if lessons learned from preparations for Florence can carry over
3 to a Michael-type event, especially in regards to communication.
4 Chair Dorosin said he does not think these two events are comparable.
5 Commissioner Rich said she understands that, and maybe she is asking for more
6 communication in an event like Michael.
7 Chair Dorosin asked if, when looking at staffing issues, would it be possible to have a
8 fund to supplement salaries during emergency events; a stipend of sorts.
9 Commissioner Price said as colder weather begins, it would be helpful to look at more
10 vulnerable areas, and egress and ingress of certain roads. She said it would also be good to
11 look at the community centers more closely.
12 Travis Myren said the community center managers were very cooperative during
13 hurricanes Florence and Michael.
14 Commissioner Jacobs said hurricane Florence moved very slowly, while Michael
15 moved at a rapid speed. He said there was pet sheltering during these two events, which the
16 County instituted after Hurricane Katrina.
17 Commissioner Rich asked if everyone has power on in Orange County.
18 Travis Myren said yes.
19 Commissioner McKee said the response of the County personnel was exemplary, as
20 well as that of the power crews.
21
22 8. Consent Agenda
23
24 • Removal of Any Items from Consent Agenda
25 8-h: Commissioner Rich and Jacobs
26 8-f: Commissioner Marcoplos
27
28 • Approval of Remaining Consent Agenda
29
30 A motion was made by Commissioner McKee, seconded by Commissioner Price to
31 approve the remaining items on the consent agenda.
32
33 VOTE: UNANIMOUS
34
35 • Discussion and Approval of the Items Removed from the Consent Agenda
36
37 f. Triangle Water Supply Partnership Memorandum of Agreement
38 The Board considered entering into a Memorandum of Agreement with Triangle local
39 government jurisdictions and their water supply authorities to create a successor to the Jordan
40 Lake Partnership, to be called the Triangle Water Supply Partnership, a regional water supply
41 planning organization, and authorize the County Manager to sign.
42
43 Commissioner Marcoplos said having served on the OWASA board during the drought
44 in 2002, he came to realize what a great utility OWASA is, and it did the best job in the state of
45 saving water. He said a few years ago OWASA was using the same amount of water as it did
46 in 2000. He said he always thought this was the case because Orange County really did a
47 good job and took it seriously. He said OWASA is a unique jewel of a utility, and he has always
48 been sensitive to what may happen to take power away from local control over OWASA. He
49 said this memorandum has brought up a lot of questions: why change the name and how this
30
1 new agreement is different from the Jordan Lake partnership; why are Chapel Hill and Carrboro
2 not participants.
3 Howard Fleming, Engineering Storm Water Supervisor, said he has been attending the
4 Jordan Lake Partnership (JLP) meetings for months, and he was in on the formation of this
5 particular agreement. He said the JLP was formed to develop the Triad Regional Water Supply
6 Plan to divide up the water for Jordan Lake, and this has been accomplished. He said this was
7 so successful that the desire of the group was to continue on but with a different mission, and
8 he said this is the outcome of that. He said the main focus was on water infrastructure, so the
9 thought was to reconfigure under a different name. He said Orange County is the last
10 government to sign onto this, and this name has really taken effect already.
11 Howard Fleming said the large projects on page 32 are envisioned to be the main thrust
12 of the group.
13 Commissioner Marcoplos said this does not sound like anything new; there has always
14 been a collaborative approach.
15 Howard Fleming said yes, since the droughts in 2007/8. He said modeling how that
16 works, and coming up with a trading and communication framework which has not been well
17 prepared and is still being refined. He said Orange County is not a water purveyor, per se, but
18 he thinks the BOCC will want to support such efforts between all the different purveyors and
19 governments in the area to provide reliability and sustainability to the system.
20 Commissioner Marcoplos recognized that OWASA has agreed to it.
21 Commissioner Marcoplos said he had a strong desire to raise the issue of autonomy,
22 and to be alert for such phrases as, "water resources are a regional asset."
23 Commissioner Jacobs said if Commissioner Marcoplos needs more time to examine this
24 agreement, he would suggest deferring this item for one meeting.
25 Commissioner Marcoplos asked if there are differences between the two partnerships.
26 Howard Fleming said the JLP will cease to exist, and it is a new name with a different
27 focus. He said the focus of the JLP was the water supply percentages, which continues to be a
28 piece of the new partnership, as it has to be reviewed every 5 years.
29 Commissioner Marcoplos said he will agree to move forward on this.
30 Commissioner Price asked if Johnston and Harnett are new entities to the partnership.
31 Howard Fleming said yes.
32 Commissioner Rich asked if Johnston and Harnett counties would get a percent of
33 Jordan Lake.
34 Howard Fleming said he is not sure that these two counties have an allocation.
35 Commissioner Rich clarified that when the allocations are reviewed, that these two
36 counties will not be part of the process.
37 Howard Fleming said he cannot answer that question.
38 John Roberts said several entities are members to this partnership because they
39 provide water, or have water operations, within the triangle region. He said this is a regional
40 agreement. He said he does not believe that Harnett and Johnston counties draw from Jordan
41 Lake.
42 Commissioner Rich said it just change the scope of the original Jordan Lake agreement.
43 Commissioner Marcoplos asked if there is any mechanism for the members of this
44 organization to set higher standards for water conservation across all the membership.
45 Bonnie Hammersley suggested deferring this item to the next meeting.
46
47 h. Unified Animal Control Ordinance Amendments
48 The Board considered approval of amendments to the Unified Animal Control Ordinance
49 and adoption of the Resolution of Amendment Amending Chapter 4 of the Orange County Code
31
1 of Ordinances, in order to primarily clarify issues identified by the Orange County Animal
2 Services' Advisory Board and County Attorney's Office, and authorizing the Chair to sign.
3
4 Commissioner Rich said she had some residents call her about this, and especially
5 about the 18 month waiting period to get a dog out of jail, versus losing an appeal, hiring an
6 attorney and going to Superior Court to get a dog out of jail in 6 months. She said this seems
7 and unbalanced solution.
8 John Roberts said only a couple of other counties offer this reprieve from the local
9 determination, and there were staff reasons for this to be 18 months rather than 12 months. He
10 said for the confinement portion of it, there is not always an inspection by 12 months later, and
11 there needs to be adequate time to observe whether a dog will reoffend or not.
12 Commissioner Rich asked if there is a reason that an inspection would not occur within
13 12 months; and are too many inspections being done.
14 Bob Marotto, Animal Services Director, said it is not the quantity of the inspections, but
15 the rather the schedule of the inspections. He said there is an initial inspection, followed by an
16 inspection every year thereafter, in accordance with the ordinance. He said the thought was
17 that it would be beneficial to know that for that year, there was complete compliance with the
18 requirements for keeping the animal as a dangerous animal under the ordinance. He said there
19 would need to be some confidence in the compliance before taking the step that has previously
20 been unavailable in Orange County, and most other jurisdictions in the state, by offering the
21 reprieve.
22 Commissioner Rich said someone with money can get their dog out within 6 months, by
23 hiring an attorney and going to superior court; but those of means, or with a lack of
24 understanding of the system, has to wait 18 months. She said it is unbalanced.
25 Bob Marotto said the Superior Court option is the second step in the appeal process that
26 exists under the ordinance. He said the first step in the appeal process, is the appeal that is
27 made to the Animal Services Hearing Panel Pool, which is available to anyone with no fees,
28 and can involve an attorney is so desired. He said the second step is to go Superior Court, and
29 does not happen very often.
30 Commissioner Rich said 18 months is too long, and this is not a fair solution. She said
31 she would not vote for this.
32 Bob Marotto said the intent of this is to offer people an opportunity to go beyond the
33 restrictions imposed on dangerous animals, which is something that does not currently exist, in
34 any form or fashion, in Orange County. He said that is a huge step forward, and he said the
35 BOCC has the flexibility to go with a year as opposed to 18 months. He said the 18 months just
36 allows for extra protection to make sure an animal is really ready to do no harm.
37 Commissioner Rich said she would favor a year. She asked if this could apply
38 retroactively.
39 Anne Marie Tosco, Staff Attorney, said the intent is for this to apply retroactively, but
40 more specific language can be added.
41 Commissioner Rich said she would like to see this language added.
42 Commissioner Jacobs asked if these court proceedings are rigorous.
43 Anne Marie Tosco said this is a bench trial, where the rules of evidence and civil
44 procedure apply; the County is represented, etc. She said there has only been 3 or 4 of these
45 brought forward since the unified ordinance, and only one that has gone to trial on the merits.
46 Commissioner Jacobs suggested that one of the County attorneys prepare a document
47 that tells residents how to do an appeal.
48 Bob Marotto said this already exists with respect to the quasi-judicial appeal conducted
49 by the Animal Services Hearing Panel pool. He said his department is very thorough in
32
1 explaining this appeal process, as well as the availability of the second step in the appeal
2 process.
3 Commissioner Jacobs asked if there is any guidance provided once one gets to court.
4 Anne Marie Tosco said as attorney representing the County that would be a violation of
5 attorney ethical rules.
6 Commissioner Jacobs said he means before any dog is charged; more like a primer on
7 how the process can proceed.
8 John Roberts said his office can help staff to prepare a document to provide to the
9 public.
10 Chair Dorosin said residents have their dogs during the appeals process, and need to
11 make sure that the dog does not get out and hurt anyone. He said public safety is an important
12 matter, and he is less concerned about the timing. He said there are two sides to the story, and
13 a balance between the aggressors and the victims. He suggested it may be wise to defer this
14 item also.
15 Commissioner Rich said she would like to pull the item in order to address the issue of
16 retroactivity. She asked if there is a place where the inspections are described.
17 Bob Marotto said yes.
18 Commissioner Jacobs asked if animals that are raised for fighting are handled the same
19 way.
20 Anne Marie Tosco said the ordinance does not address fighting animals, except in the
21 cruelty provisions.
22 Commissioner Jacobs said Animal Control officers have the authority to enter onto and
23 inspect, and asked if an animal that is subjected to cruelty included animals that are being
24 made to fight.
25 Anne Marie Tosco said yes.
26 Bob Marotto said it may also be that they have an animal that is without water on a hot
27 day. He said there are a variety of forms of mistreatment.
28 Commissioner Jacobs said there are enough instances of fighting dogs, and they should
29 be able to go on the property to prevent cruel treatment, which includes being raised for fighting
30 purposes.
31 Anne Marie Tosco said her only hesitation to clarifying that is just the statutory
32 construction, but she can work on this.
33 Commissioner Price said would like to hear reasons for 12 months versus 18 months.
34
35 This Item was deferred.
36
37 a. Minutes
38 The Board will consider correcting and/or adopting the minutes from September 4, 6 and 20,
39 2018 as submitted by the Clerk to the Board.
40 b. Motor Vehicle Property Tax Releases/Refunds
41 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
42 property tax values for two taxpayers with a total of two bills that will result in a reduction of
43 revenue in accordance with NCGS.
44 c. Property Tax Releases/Refunds
45 The Board adopted a resolution, which is incorporated by reference, to release property tax
46 values for twenty-four (24) taxpayers with a total of thirty-two (32) bills that will result in a
47 reduction of revenue, accordance with North Carolina General Statute 105-381.
48 d. Applications for Property Tax Exemption/Exclusion
49 The Board considered eight untimely applications for exemption/exclusion from ad valorem
50 taxation for eight bills for the 2018 tax year.
33
1 e. Board of Commissioners Meeting Calendar for Year 2019
2 The Board approved of the meeting schedule for the Board of County Commissioners for
3 calendar year 2019.
4 f. Trianqle Water Supply Partnership Memorandum of Agreement
5 DEFERRED
6 g. Assignment of Leasehold Interest to Chapel Hill Carrboro City Schools
7 The Board assigned to Chapel Hill Carrboro City Schools (CHCCS) any and all rights and
8 interest in cellular antenna leases that were acquired as part of a prior bond financing in which
9 CHCCS deeded Culbreth Middle School (Culbreth) to the County and granted access
10 easements to those cellular antennas, and authorize the County Manager to execute the
1 1 agreement documents.
12 h. Unified Animal Control Ordinance Amendments
13 DEFERRED
14 i. Fiscal Year 2018-19 Budget Amendment #2
15 The Board approved budget and grant project ordinance amendments for fiscal year 2018-19 to
16 Animal Services; Department on Aging; Cedar Grove Fire Department; Solid Waste Enterprise
17 Fund; and Technical Amendment.
18 j. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro
19 City Schools (CHCCS) and Contingent Approval of Budget Amendment #2-A Related
20 to CHCCS Capital Protect Ordinances
21 The Board approved an application to the North Carolina Department of Public Instruction
22 (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2018-19
23 debt service payments for Chapel Hill — Carrboro City Schools (CHCCS), and approved Budget
24 Amendment#2-A (amended School Capital Project Ordinances), contingent on the NCDPI's
25 approval of the application.
26 k. North Carolina Governor's Highway Safety Program: Orange County Sheriff's Office
27 Traffic Safety Protect and Approval of Budget Amendment#2-113
28 The Board adopted a resolution, incorporated by reference, accepting federal funding for traffic
29 safety projects for the Sheriff's Office; authorize the Chair to sign the Resolution; and approved
30 Budget Amendment#2-B for receipt of the funds.
31 I. Proclamation Recognizing Katherine Cheek:
32 The Board considered voting to approve a proclamation recognizing and expressing gratitude to
33 Katherine "Kat" Thompson Wilkerson-Cheek for her devotion and service to the people of
34 Orange County.
35
36 9. County Manager's Report
37 Bonnie Hammersley said the environmental impact statement discussion will be on the
38 November 8th work session.
39 Bonnie Hammersley said next Thursday, October 25th the Board has a joint meeting
40 with Carrboro.
41 Bonnie Hammersley said the Economic Development Summit scheduled for
42 Wednesday, October 17th has changed locations, due to a scheduling conflict, and will now be
43 at the WCHL radio studios at University Place.
44
45 10. County Attorney's Report
46 John Roberts said the General Assembly directed local governments to provide a guide
47 to all ordinances that provide for criminal enforcement, and that a violation of those ordinances
48 is a class 3 misdemeanor, and a fine from $50-$500. He said this is due, on December 1, to
49 the legislative committee studying the issue. He said it is his experience that when the
34
1 legislature does that with a local government issue, that within a year or two, they make
2 changes that lead to a lot of confusion.
3
4 11. *Appointments
5 a. Orange Unified Transportation Board —Appointments
6 The Board considered making appointments to the Orange Unified Transportation
7 Board.
8
9 A motion was made by Commissioner Price, seconded by Commissioner Rich to
10 appoint Ramchandra Athavale to Position 4 BOCC Selection Chapel Hill Township First Full
1 1 Term 09/30/2021.
12
13 VOTE: UNANIMOUS
14
15 A motion was made by Commissioner McKee, to nominate Bonnie Hauser to Position 1
16 BOCC Selection Bingham Township First Full Term 09/30/2021.
17
18 VOTE: Ayes, 1 (Commissioner McKee): Nays, 6
19 Motion fails.
20
21 A motion was made by Commissioner Rich to appoint Randy Marshall to Position 1
22 BOCC Selection Bingham Township First Full Term 09/30/2021.
23 VOTE: Ayes, 6; Nays, 1 (Commissioner McKee)
24
25 Position 7 BOCC Selection Little River Township (no applications at this time) First Full
26 Term 09/30/2021- NO APPLICANTS
27
28 Commissioner McKee said these have only been open since September 30, 2018.
29
30 A motion was made by Commissioner Price:
31 • Johanna Birckmayer, Position 10 BOCC Selection At-Large First Full Term 09/30/2021;
32 • Amy Cole to Position 12 BOCC Selection At-Large First Full Term 09/30/2021 and
33 • Todd Jones to Position 14 BOCC Selection At-Large Partial Term 09/30/2019.
34
35 A motion was made by Commissioner Marcoplos to appoint:
36 • Erik Broo to Position 10 BOCC Selection At-Large First Full Term 09/30/2021.
37
38 A motion was made by Commissioner Jacobs to appoint:
39 • Scott Radway to Position 12 BOCC Selection At-Large First Full Term 09/30/2021.
40
41 Chair Dorosin said since there were multiple nominations (5 for 3 seats) that Board
42 members write down their top three choices and give to him and the top three vote getters
43 would get the three positions.
44
45 VOTES: (the top three vote "getters")
46 • Johanna Birckmayer for Position 10 BOCC Selection At-Large First Full Term
47 09/30/2021
48 • Amy Cole for to Position 12 BOCC Selection At-Large First Full Term 09/30/2021
49 • Erik Broo for Position 14 BOCC Selection At-Large Partial Term 09/30/2019
50
35
1 12. Information Items
2 • September 20, 2018 BOCC Meeting Follow-up Actions List
3 • Tax Collector's Report— Numerical Analysis
4 • Tax Collector's Report— Measure of Enforced Collections
5 • Tax Assessor's Report— Releases/Refunds under$100
6 • Mebane 2040 Comprehensive Transportation Plan
7 • SPOT 5.0 Division Needs Local Input Points—TARPO and DCHC MPO
8
9 13. Closed Session
10
11 A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
12 go into closed session at 10:38 p.m. for the purposes below:
13
14 "To discuss the County's position and to instruct the County Manager and County Attorney on
15 the negotiating position regarding the terms of a contract to purchase real property," NCGS §
16 143-318.11(a)(5).
17
18 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order
19 to preserve the attorney-client privilege between the attorney and the Board."
20
21 Closed Session Minutes
22
23 VOTE: UNANIMOUS
24
25 RECONVENE INTO REGULAR SESSION
26
27 A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
28 reconvene into regular session at 11:15 p.m.
29
30 VOTE: UNANIMOUS
31
32 14. Adjournment
33
34 A motion was made by Commissioner Marcoplos, seconded by to Commissioner
35 Burroughs adjourn the meeting at 11:15 p.m.
36
37 VOTE: UNANIMOUS
38
39 Mark Dorosin, Chair
40
41
42 Donna Baker
43 Clerk to the Board
44
45
46