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HomeMy WebLinkAboutMinutes 10-09-2018 Special Meeting1 APPROVED 11/2/2018 ORANGE COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING October 9, 2018 7:00pm The Orange County Board of Commissioners met for a special meeting on Tuesday, October 9, 2018 at the Whitted Building, Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Barry Jacobs, Mark Marcoplos, Earl McKee, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: Commissioner Burroughs COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) 1. Call to Order Chair Dorosin called the meeting to order at 7:01 p.m. Chair Dorosin said the Board of County Commissioners (BOCC) wanted to have this meeting as quickly as possible, in order to resolve the issues of concern. Chair Dorosin said Commissioner Burroughs would not be able to attend tonight. 2. Permitting the Use of County Property and Facilities for Hog Day on November 3, 2018 PURPOSE: To consider a request for the use of River Park, the David Price Farmers Market Pavilion, and other County property for Hog Day 2018 on November 3, 2018 which is the last day of early voting in Orange County. BACKGROUND: Session Law 2018-112 established early one-stop voting plan hours for County Boards of Elections. This law requires that all County Boards of Elections be open for voting on the last day of early one-stop voting, Saturday, November 3, 2018. Under Orange County’s approved voting plan, the Board of Elections building must be an early voting site. The last two days of early one-stop voting have historically experienced the heaviest voter turnout. This pattern of activity has been observed in all election cycles, regardless of the type of election. Based on previous voter turnout, the Board of Elections expects that one thousand (1,000) or more voters will vote on each of the last two days of early voting. Hog Day 2018 was originally scheduled for September 14th and 15th but was cancelled due to the uncertainty of the impacts of Hurricane Florence. Event organizers have rescheduled the event for November 2nd and 3rd which conflicts with the last two days of early voting. Hog Day typically runs from 6:00 PM to 10:00 PM on Friday and 10:00 AM to 6:00 PM on Saturday. Early voting is open from 7:00 AM to 7:00 PM on Friday and 8:00 AM to 3:00 PM on Saturday. 2 The Hog Day event typically uses River Park, the David Price Farmers Market Pavilion, and County owned parking lots. Event information is available at www.hogday.org. Due to the size of the event, streets surrounding the Board of Elections Building have been closed in the past, and the Board of Elections parking lot has been used for vendor, band, and staff parking. County staff notified the Town of Hillsborough of the conflict with early voting on September 27, and a meeting was held with representatives of the Town, County, and the event on October 1. Based on this meeting, the event organizers were asked to consider rescheduling the event or to develop a traffic plan that provides the most access and the least disruption for voters with the understanding that the Board of Commissioners may need to consider balancing the conflict between the event and early voting. The event organizers do not believe moving the event to a Saturday night and Sunday would be viable. They provided the following explanations for this position. • A large majority of volunteers have other obligations Saturday evening and Sunday. • The event will have less public participation due to conflicts with church services on Sunday. • Arts and craft vendors would be less likely to participate on a Sunday. • Nonprofit and business vendors promoting their services usually participate in events on Fridays and Saturdays, not on Sundays. • Fewer volunteers would be willing to volunteer on a Sunday. • Rental companies provide discounts or do not charge extra set up fees for items that are rented on Friday and returned on Saturday evening. • Local businesses in Hillsborough would lose the positive economic impact associated with a less successful event. • The event raises money that is donated back to local children’s charities and other nonprofit/ school programs and services throughout the County. Moving the event would result in a less successful event and, therefore, fewer donations. The organizers also explained that the event could not be rescheduled to another weekend and still remain within the calendar year due to other conflicts. As an alternative to rescheduling, the event organizers have offered an access management plan that would provide access to the Board of Elections building. A map of this plan is included as Attachment A. The plan would direct traffic to King Street through the use of signage and non-uniformed personnel at each intersection to access South Cameron Street and the Board of Elections Office. This plan also moves all event parking out of the Board of Elections Parking Lot and onto the grounds of Cameron Park Elementary to open the parking lot to voters. FINANCIAL IMPACT: Permit fees associated with the event are under $200. The County has not completed an economic impact statement on the sales tax generated by the event or other economic benefits to the hospitality industry in the County. The Manager recommends the Board consider and take action on a request to use River Park, the David Price Farmers Market Pavilion, and other County property for Hog Day 2018 on November 3, 2018, which is the last day of early voting in Orange County. Travis Myren made the following PowerPoint presentation: 3 Permitting the Use of County Facilities Hog Day 2018 November 2nd and 3rd Board of Orange County Commissioners Whitted Meeting Facility October 9, 2018 Purpose • To consider a request to use River Park, the David Price Farmers Market Pavilion, and other County property for Hog Day 2018 on November 2nd and 3rd which are also the last two days of early voting Early Voting Schedule • Early Voting Schedule for the November 6, 2018 Election o Begins Wednesday, October 17, 2018 o Ends Saturday, November 3, 2018 o Same Day Voter Registration at all Sites During Early Voting Early Voting Locations • All 5 Early Voting Sites Are Open the Same Days and Hours o BOARD OF ELECTIONS - 208 S. CAMERON ST, HILLSBOROUGH o CARRBORO TOWN HALL, 301 W. MAIN ST, CARRBORO o CHAPEL OF THE CROSS – 304 E. FRANKLIN ST, CHAPEL HILL o SEYMOUR SENIOR CENTER – 2551 HOMESTEAD RD, CHAPEL HILL o EFLAND RURITAN CLUB BUILDING – 3009 FORREST AVE, EFLAND Early Voting Hours • Detailed Hours of Operation o Wednesday – Friday, Oct. 17 – Oct. 19, 7:00 a.m. – 7:00 p.m. o Saturday, Oct. 20, 8:00 a.m. – 3:00 p.m. o Sunday, Oct. 21, 1:00 p.m. – 3:00 p.m. o Monday – Friday, Oct. 22 – Oct. 26, 7:00 a.m. – 7:00 p.m. o Saturday, Oct. 27, 8:00 a.m. – 3:00 p.m. o Sunday, Oct. 28, 1:00 p.m. – 3:00 p.m. o Monday – Friday, Oct. 29 – Nov. 2, 7:00 a.m. – 7:00 p.m. o Saturday, Nov. 3, 8:00 a.m. – 3:00 p.m. • Expected Voter Turnout at Board of Elections Site o Most Recent Midterm Election - November 2014  Friday - 874  Closed at 6:00 PM in 2014  Open until 7:00 pm in 2018  Saturday - 872  Closed at 1:00 PM in 2014  Open until 3:00 PM in 2018 o Board of Elections Expects Higher Turnout in 2018  Could Exceed 1,000 Voters per Day  Letter from the Board of Elections Signed by All Four Members  Request to Reschedule or Move Hog Day Festival Hog Day Festival • Rescheduled Due to Hurricane Florence • Hours of Operation 4 o Friday, November 2, 2018  6:00 PM to 10:00 PM o Saturday, November 3, 2018  10:00 AM to 6:00 PM • County Facility Use – Granted by Permit o River Park o David Price Farmers Market Pavilion • Typical Site Plan o Restricts Traffic Access to Board of Elections Building o Uses Board of Elections Parking Lot for Vendor, Band, and Staff Parking • Alternatives to Minimize Early Voting Conflict o Meeting with Event Organizer – October 1  Rescheduling to Saturday/Sunday  Rescheduling to Different Weekend  Develop Access Management Plan – May be Subject to Board Approval o Organizing Committee – Rescheduling Not Feasible  Organizers Invited to Present Event Disruptions o New Access Management Plan (map)  Maintains Access to Board of Elections Building  Eliminates Use of Board of Elections Parking Lot  Booth to Encourage Voter Participation Early Voting Access (aerial photograph) Manager’s Recommendation • Consider and take action on a request to use River Park, the David Price Farmer’s Market Pavilion, and other County property for Hog Day on November 2nd and 3rd 2018, which conflicts with the last two days of early voting Commissioner Jacobs clarified that no conversation took place until October 1st. Travis Myren said he is not sure when the rescheduled date was chosen, but this meeting took place soon after. Commissioner Price asked if the Optimist Club came to the County or the Town of Hillsborough to discuss the permit. Travis Myren said the County was proactive, and permits were in place for the original date in September. He said the County contacted the Club about the permit being issued. Commissioner Price asked when staff found out about the rescheduled date of November 2nd and 3rd. Rachel Raper, Director of Elections, said Monday October 1. Commissioner Price asked if anyone else in the County or the Town of Hillsborough was contacted about this. Travis Myren said no one in the County, but staff did contact the Town. Commissioner Price said a lot of people use this site for voting, and asked how residents coming from the north would be made aware of where to go to vote. Travis Myren said staff/event planners could indicate with signage. Event Organizers Al Hartkopf said he will be addressing the scheduling negotiations, but first introduced Craig Lloyd to speak about the traditions and community benefits of this event. Craig Lloyd said this will be the 36th year of Hog Day, and 5 years ago he and his friends created an Optimist Club to promote positive events and programming in the community. He 5 said some time after the creation of that club he learned that the Hillsborough Chamber no longer wanted to run Hog Day. Craig Lloyd said he used to be the Director of the Chamber, and thus knew the workings of Hog Day, and the so the Optimist Club decided to take over this event. He said the first couple of years were a struggle as it is a 100% volunteer led organization, but there was a desire to keep the tradition alive. Craig Lloyd said there are families on the Hog Day committee that have been in Orange County for over 250 years, as well as newcomers that are just interested in the event. Craig Lloyd said hundreds of volunteers make this event happen, and there is no overhead. He said the funds that are raised are used to provide grants in the community as well as donations to schools and other organizations. He said the group has brought back some of the old traditions, and the people who are involved love the community and the event dearly. Craig Lloyd said he talked with the Chapel Hill Orange County Visitor’s Bureau, and a small Hog Day brought in $1 million of economic impact; and a big hog day can bring in $3.4 million of economic impact. He said they are good stewards and they work with other organizations, businesses, the Town and the County. Craig Lloyd said they want to be accommodating in any way they can, and they need the County’s help to make this event happen. Al Hartkopf said he wanted to go over the timeline of this process. He said the planning committee has been in constant contact with the Orange County Parks and Recreation and the Town as soon as the event was canceled due to Hurricane Florence. He said a meeting occurred on September 19th to discuss a plan to reschedule, which included Hillsborough Police Department, Orange County Sheriff’s Department, Orange County Parks and Recreation, and the Hillsborough tourism bureau. He said this group met under the David Price Pavilion, looked at dates, and settled on November 2nd and 3rd, and Parks and Recreation said that date worked, as did the rest of the group. Al Hartkopf said he has provided the short answer, and is happy to go into further detail as to why Saturday and Sunday are not good dates. Chair Dorosin said he wanted to know why Saturday and Sunday (November 3rd and 4th), or any other Friday and Saturday could not work. Al Hartkopf said the reason other weekends do not work is because all of the volunteers were booked up, or the facility was booked up, throughout the months of September and October. He said Hog Day needs to happen in early November, or it will have to be put off until next year. He said November 2nd and 3rd appeared to be available, and were agreed upon by the group. He said there was a desire to stay away from the holiday season. Al Hartkopf said the group discussed moving the event to the Saturday and Sunday (November 3rd and 4th), but River Park was already in use for November 4, ruling this option out. He said, additionally, the cooking teams are not available to cook on Saturday nights. Al Hartkopf said bands can be secured for most Fridays and Saturdays, but the well is getting dry. He said Sunday events are generally lightly attended, and are not good for fundraisers. Al Hartkopf said when he was approached to join the Optimist Club and to be part of this event, there were ground rules, and one was that the event was to be kept local. Al Hartkopf said his team looked into doing the event on a Sat/Sun, but trying to turn the event venue back to its normal state is not viable on a Sunday evening. He said Friday night is usually a locals’ night. He said they proposed many things to help mitigate the concerns with the early voting issue, and he referred to the access management plan in the abstract. Al Hartkopf said there was a concern about uniformed officers doing traffic control, so they have proposed using volunteers in t-shirts doing traffic control. He said the traffic checkpoint has been moved to a different location, which that leaves South Cameron St. wide 6 open. He said additional signage will be added to all intersections to make everything very clear. Commissioner Marcoplos asked if the event being held on Sunday, November 4th is known. Al Hartkopf said Sundays in Hillsborough at the Old Courthouse, as well as an event on the River Park grounds as well. Commissioner Price asked if the Farmers’ Market will be impacted. Al Hartkopf said they negotiate with the Farmer’s Market every year, and try to do everything they can to not impact it. He said the Farmers’ Market expressed desire to be, and will be, held on Nash St. Commissioner McKee referred to the map and the non-uniformed personnel directing traffic, and asked if there will there be signage at Churton and King Streets to direct people for early voting. Al Hartkopf said yes, there will be signage going in both directions. He said the south side can be tricky, and a sign will probably be posted at the Annex. He said from southbound, there will be a sign at Nash and Collect, and repeat that at Margaret Lane. He said they have plenty of wayfarer signage. Commissioner McKee said he would want large signage that will catch residents’ attention, and be very clear. Al Hartkopf said he agreed, and said that is their plan. Commissioner Marcoplos said the obstacles to moving the event to Saturday/Sunday do not seem that difficult. He said the Hillsborough event could fold into Hog Day, and the volunteers for traffic control could do some of the clean up on Sunday. Al Hartkopf said the various event Chairs (entertainment, food, crafters, etc.) and the volunteers were consulted, and this type of shift was not possible. He said no one is available on Saturday evening and Sunday. Craig Lloyd said he sent Travis Myren the factors involved for not going to the Sat/Sun timeframe. Chair Dorosin asked if the number of expected attendees is known, and where they will park. Al Hartkopf said around 7-12,000, and the parking will be in the parking deck behind Weaver’s Street. Craig Lloyd said Shannon Campbell, from the Town of Hillsborough, has identified every open public parking spot, which has been posted on the Hog Day website Chair Dorosin said people will be parking downtown. Craig Lloyd said yes. Chair Dorosin clarified that there will be a lot of traffic for this event. Craig Lloyd said this event may be smaller due to the re-scheduling. Chair Dorosin asked if November 10 and 11 is possible. Craig Lloyd said many of their organizers have their own special events on that weekend. Commissioner Jacobs asked if anyone has spoken to the Town about using Gold Park instead of River Park. Al Hartkopf said no. Commissioner Jacobs said using Gold Park would allow people to avoid downtown, and it is a large park. Al Hartkopf said the County has spent a lot of money ramping up the Price Pavilion’s electrical system, which does not exist at Gold Park. Craig Lloyd said he does the marketing, and has heavily promoted the date and location, with 47,000 views on Facebook. He said changing the location would cause mass confusion. 7 PUBLIC COMMENT Bob Randall is a Board of Elections (BOE) Board member, and he wished that Hog Day had not been scheduled on this particular weekend, but thinks it can continue. He said Hog Day will only effect one of the early voting sites; an alternate site, the Efland Ruritan Club, is minutes away; early voting hours have tripled, as well as additional dates have been added. He said he will respect the decision of the Board, but believes that Hog Day can continue without great interruption to early voting, and he encouraged clear and advanced communication to the public. Jamie Cox, Vice Chair of BOE, said all 4 members of the BOE are from Hillsborough or northern Orange County, and they all love Hog Day. He said the issue is that the last two days of early voting are the busiest at every site. He said he is really concerned about the Hog Day visitors standing between the festival and early voting, and, while he appreciates the efforts, he is not convinced that the proposed traffic plan will not hinder early voters. He said he is also concerned about even the remotest appearance of the militarization of an early voting site with checkpoints for traffic control. He said there are things they can do if they have to, but the voter numbers may be suppressed and they cannot move the voting site due to state statute. He said Hog Day is a re-scheduled event, and he does not understand why another date or location cannot be found. Rachel Royce said Hog Day is in her backyard, and has been an enjoyable part of their lives; but access to voting is sacred to them and everything must be done to make sure there are no impediments to voting. Betty Rider said she has lived and voted in Orange County for 20 years and she is a fan of Hog Day, yet the Town and the County and the taxpayers have a legal responsibility that all voters are able to franchise their right to vote. She said this could be a discriminatory decision if people cannot find their room to vote. She said she was concerned that the word did not get out in time about this meeting, because many more would come and speak. Commissioner Rich asked Hillsborough Mayor Tom Stevens if folding the Sunday events into Hog day is possible. Mayor Stevens said the Sunday concert is a Chamber of Commerce event, and he cannot speak to that possibility, but expects that it probably could be worked out. He said he attended tonight to be available to answer questions on behalf of the Town, and the Town will support whatever the County decides and partner with whomever to make things work. Commissioner Jacobs asked if holding Hog Day at Gold Park is a possibility. Mayor Stevens said there would be a willingness to consider this option, but he does not think there is power and resources there to make this viable. He said it is the same with Fairview Park, and either of these locations would require Hog Day to be a scaled down event. Commissioner McKee said he understands the concerns from both sides, and he does not see Hog Day and early voting as mutually exclusive. Commissioner Marcoplos said this is a difficult decision, but he said the last day of voting keeps coming back to him. He said it is the last day for same day registration and early voting, and the number of visitors for the event will affect voters. He said the Sat/Sun proposal seems the best option, but either way the right to vote is the top priority. Commissioner Price asked Craig Lloyd and Al Hartkopf if Sat/Sun would not work even if the preparations were able to begin earlier than they would on Friday. Al Hartkopf said voting is open until 3:00 p.m., which would mean they would start about the same time as they typically do on Friday. Craig Lloyd said many of the people involved in volunteering and vending at Hog Day are affiliated with a church community, and Sunday is simply not a viable option. Al Hartkopf said words have meaning, and he has heard the words “intentional” and “surgical voter suppression” this evening. He said they are a community service organization, 8 which believes in voting, and has offered to erect a booth to encourage voting. He said it is offensive that anyone would consider this is an intentional plot to hinder voting. Commissioner Jacobs said everyone has expressed support and admiration for Hog Day, but health and safety are the highest aspirations of government, followed by access to unfettered voting. He said the fact remains that there are other forces in society that make voting difficult, and the Board does not want to make it worse in Orange County. He said he would have a hard time acquiescing to the change of this event. Commissioner Rich thanked all that came out tonight. She said she was at the BOE meeting where the Orange County early voting schedule was created. She said it was a long meeting that involved a great deal of planning. She said the timeline is unfortunate, but as a County Commissioner she is obligated to make sure people can vote without any hindrances. Chair Dorosin said it is unfortunate that this event had to be rescheduled due to inclement weather, and he wishes the event could be accommodated on another day or date. He said early voting is the Board’s priority, and 12,000 extra people in town could be a hindrance to voting, and, as such, he cannot support the request from the event. Chair Dorosin asked John Roberts if the Board needs to vote. John Roberts said yes, the Board must take action. Commissioner Marcoplos suggested making a motion to allow the November 3rd and 4th dates to move forward within the scheduled hours that do not affect early voting. Chair Dorosin said the organizers cannot do those dates. Commissioner McKee said the request is not for an alternate date, but to approve the request for permitting on November 2nd and 3rd. A motion was made by Commissioner Jacobs, seconded by Commissioner Marcoplos to deny the use of county facilities on the dates for the of the use River Park, the David Price Farmers Market Pavilion, and other County Property for Hog Day on November 2nd and 3rd 2018, which conflicts with the Last Two Days of Early Voting. VOTE: Ayes, 5; Nays, 1 (Commissioner McKee) 3. Adjournment A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to adjourn the meeting at 8:25 p.m. VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board