HomeMy WebLinkAboutMinutes 11-13-20181
APPROVED 12/3/2018
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
November 13, 2018
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, November
13, 2018 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs,
Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT: None
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
appropriately below)
Chair Dorosin called the meeting to order at 7:05 p.m.
1. Additions or Changes to the Agenda
Chair Dorosin noted the following items at the Commissioners’ places:
- PowerPoint for item 6-a
- Pink sheet: Proposed Item to be added to agenda: Resolution Opposing NCDOT Incursion
into Oosting Natural Area as Item 4-b
Commissioner Jacobs requested to add this resolution to the agenda as item 4-b.
Commissioner McKee objected to adding resolutions to the agenda at the last minute,
as the public is unaware of them.
Chair Dorosin noted the objection, and added the item to the agenda.
PUBLIC CHARGE
The chair dispensed with the reading of the Public Charge.
Arts Moment
Molly Waybright, Arts Commission intern, presented the artist:
Daniel Wallace is author of six novels, including Big Fish (1998), Ray in Reverse (2000),
The Watermelon King (2003), Mr. Sebastian and the Negro Magician (2007), The Kings and
Queens of Roam (2013), and most recently Extraordinary Adventures (May 2017). His
children’s book, published in 2014, and for which he did both the words and the pictures, is
called The Cat’s Pajamas, and it is adorable. In 2003 Big Fish was adapted and released as a
movie and then in 2013 the book and the movie were mish-mashed together and became a
Broadway musical. His novels have been translated into over two-dozen languages. Daniel is
the J. Ross MacDonald Distinguished Professor of English at the University of North Carolina at
Chapel Hill, his alma mater, where he directs the Creative Writing Program.
Daniel Wallace read one of his short stories, titled: "The Men in the Woods".
2. Public Comments
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Commissioner Marcoplos arrived at 7:14 p.m.
a. Matters not on the Printed Agenda
Eugene Casale said the residents of the Northwoods neighborhood are aware that the
North Carolina Department of Transportation (NCDOT) wants to run Eubanks Road through
their neighborhood, and he is representing himself and his neighbors, who are shocked and
opposed to DOT’s plan. He said there is great concern about the loss of houses, effect on
property values, effects on wells and septic systems, the increase in noise and air pollution, and
the loss of overall safety. He said the residents are interested in finding an alternate solution to
the problem that DOT thinks it has, while preserving the neighborhood to the greatest extent
possible. He said the neighborhood is in an extraterritorial jurisdiction (ETJ), and is seeking
support from the County on how to navigate these issues moving forward. He said the
neighbors would like to be included in future discussions regarding this item.
Natasha Elliot distributed a handout, and said she is the Executive Director of the
Central Piedmont Community Action (CPCA). She reviewed the handout, which covered areas
of success in providing services in Orange County, such as weatherization and heating and air
replacement services for low-income residents. She said the organization is in need of board
membership from Orange County, including a low-income individual and a private industry
individual.
Sheryl Andrews said she is the CPCA Community Block Grant Program Director, and
she described the services they provide and the successes of their program.
John Hollingworth said he is a Northwood’s resident, and is opposed to the DOT
proposed widening of I-40, which will affect their neighborhood. He petitioned the Board of
County Commissioners (BOCC) to put this on its agendas going forward and to make it a
priority.
Waddy Davis said he is a resident of the Northwoods neighborhood, and appealed to
the Board of County Commissioners that this item be added to the future discussion of the I-40
widening project.
Eric Broo said he is a resident of Northwood’s neighborhood, and this proposed project
took them by surprise. He said DOT usually comes with more than one option, and the
neighbors want to know what the other options are. He said it is not clear what is going to
happen, and this proposal is expensive and destructive. He said the neighbors are concerned
about the wells and septic systems, but they want to work with the DOT to find a more suitable
solution. He said the community will be significantly affected.
Chair Dorosin said the Board hears and shares these concerns, and the Board
understands that being in the ETJ is a hybrid area and the Board appreciates the neighbors
coming out. He said the Board will make sure the neighborhood is informed and included.
Commissioner Price asked if the date of the next DOT meeting is known.
Commissioner Marcoplos said the meeting was scheduled, but it was the day the
Orange Water and Sewer Authority (OWASA) water main broke. He said the meeting was
postponed until after the holidays.
Commissioner Marcoplos said DOT did not have as much information as it should have
at the meeting, which was cut short. He asked if Orange County staff would work to help fill in
the gaps and share with DOT and the neighborhood, so that DOT comes more prepared next
time.
Bonnie Hammersley said staff reached out to DOT, but has not heard back.
Commissioner Jacobs said he called the DOT board member about this situation last
week, noting how unsatisfactory the process had been thus far. He said the DOT member
agreed, and promised to make phone calls to improve the process.
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Commissioner Jacobs said he also spoke to the representative about the things he
thought had been missed, which is noted in the added resolution to the agenda. He said the
NE quadrant of the interchange is part of the Duke Forest and the rural buffer, which has been
protected for over 60 years. He said he also spoke to the representative about the
neighborhood well, and the impact that this proposal would have on it.
Commissioner Jacobs said DOT seeks to expedite this process, and the consultants
with whom they were speaking last week, are making some of these proposals. He said there
is some sorting out that DOT needs to do, and the gentleman, with whom Commissioner
Jacobs spoke, is the Chair of the Board of DOT. He said he hopes the process will improve
going forward.
Commissioner McKee asked if Bonnie Hammersley would outline the best procedure for
the neighbors to stay current on this process, and if a mailing list would be useful.
Bonnie Hammersley said residents can go to the Orange County website to sign up for
email notifications, and then a distribution list can be made by the Community Relations
Director.
Commissioner Price asked staff to find out when DOT is meeting, and said the Board of
County Commissioners may want to bring this up to the state legislatures.
Commissioner Rich said she has already mentioned this issue to the legislators, and
asked staff to coordinate with the Town of Chapel Hill.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda
below.)
3. Announcements, Petitions and Comments by Board Members
Commissioner Price asked Bonnie Hammersley if Piedmont Community Action was
formerly JOCCA.
Bonnie Hammersley said yes.
Commissioner McKee had no comments.
Commissioner Jacobs had no comments.
Commissioner Rich said the ID law has passed, and asked if staff can talk with the
Director of Elections about a campaign to inform/educate the public.
Commissioner Burroughs petitioned staff to review the County Commissioners’
compensation package, taking into account the number of BOCC meetings, as well as
liasionships. She said the Board of County Commissioners works very hard, and it is not a low-
key, part-time job. She said this job is not sustainable for people who work full time, but are not
self employed, and in an effort to recruit more diversity over time, the position needs to be
attainable for a larger pool of candidates. She asked if staff would come back with a proposal
during budget meetings.
Commissioner Jacobs agreed.
Commissioner Marcoplos had no comments.
Commissioner Jacobs asked if the Director of the Board of Elections could provide a
report to the BOCC after every election about how the election process went.
Chair Dorosin said a couple of weeks ago the Board passed a resolution rescinding the
Board’s previous support of a Confederate monument on Franklin Street; and, in that same
spirit, he suggested the BOCC read a book called, “The Free Men” by John Ehle. He said the
book covers a time in local history when students and residents protested to have a public
accommodations ordinance passed, prior to the existence of the Civil Rights Act. He said what
happens in the courtroom is an outlandish injustice, and demonstrates an abuse of judicial
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discretion. He said at that time, the BOCC passed a resolution honoring the Judge, and he
would like a resolution in the near future to rescind that previous resolution.
4. Proclamations/ Resolutions/ Special Presentations
a. Resolution Retiring Canine Lacey and Transferring Her to Former K9 Handler
The Board considered voting to approve and authorize the Chair to sign a resolution
retiring canine Lacey and transferring her to former K9 Handler Malcolm Hester.
BACKGROUND:
The Orange County Sheriff’s Office acquired canine Lacey in February 2015. Lacey was
assigned to former Sheriff’s Office Deputy Malcolm Hester who trained her. Lacey served f or
over three years as Hester’s canine partner, conducting searches, rescues, and tracking lost
individuals and suspects. Due to the age of the canine and inconsistent reliability, the Sheriff’s
Office will retire Lacey from service and intends to transfer her to her former K9 handler,
Malcolm Hester. North Carolina General Statutes §§ 153A-176, 160A-265, and 160A-266
authorize the County to dispose of any personal property belonging to it according to the
procedures described in Chapter 160A, Article 12.
Sheriff Blackwood said Lacey was brought on with Cagney, another Bloodhound, and
served her position faithfully. He said she is a wonderful dog, who has been greatly loved by
the Department.
Malcolm Hester (the handler) said he worked with Lacey for four years, and they worked
well and formed a bond that is like no other.
Commissioner Burroughs read the resolution:
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION RETIRING CANINE LACEY
AND TRANSFERRING HER TO FORMER K9 HANDLER CPL MALCOLM HESTER
WHEREAS, the Orange County Sheriff’s Office shall retire police canine Lacey, a bloodhound
previously used for conducting searches, rescues, and tracking, effective November 13, 2018;
and
WHEREAS, Lacey is personal property of the County and is no longer of use or value to
Orange County and the Sheriff’s Office from this date forth; and
WHEREAS, Malcolm Hester, previously with the Orange County Sheriff’s Office, bonded with
and worked with the canine from the time of her acquisition as a puppy in February 2015; and
WHEREAS, Malcolm Hester is willing and able to provide immediate care for Lacey; and
WHEREAS, Malcolm Hester will adopt and take full responsibility for Lacey until such time as
the canine is no longer living, relieving Orange County and the Orange County Sheriff’s Office
of all obligations and responsibilities of the canine in accordance with the provisions of this
Resolution; and
WHEREAS, Malcolm Hester is not being coerced, forced, or inappropriately encouraged by
Orange County or the Orange County Sheriff’s Office to adopt this canine; and
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WHEREAS, North Carolina General Statutes §§ 153A-176, 160A-265, 160A-266 authorize the
County to dispose of any personal property belonging to it according to the procedures
described in Chapter 160A, Article 12.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. Malcolm Hester shall assume full care and responsibility of the canine, including but not
limited to:
a. Providing adequate food, water, and shelter to the canine for the duration of its life;
b. Providing the canine with adequate health care, including but not limited to
vaccinations, medication, and all other medical necessities as needed or as
required by Orange County’s animal control requirements; and
2. Malcolm Hester shall assume all liability that may result from the canine’s actions, including
but not limited to those actions and behaviors learned as a result of the canine’s special
training provided by the Orange County Sheriff’s Office; and
3. Malcolm Hester shall not purposefully, negligently, or knowingly use the canine’s special
skill set developed as a result of its career as a police canine either for profit, personal
gain, or in any capacity, whether this capacity would put others in danger or not; and
4. Malcolm Hester shall release Orange County and the Orange County Sheriff’s Office from
liability from any sickness or health deficiencies that resulted from the canine’s work with
the Orange County Sheriff’s Office; and
5. Malcolm Hester shall not loan, lend, give away, or rid himself of the canine in any manner
which would result in the canine being in the care of another person, business, or entity;
and
6. Malcolm Hester shall be solely responsible for the actions of the canine while either in his
personal care or otherwise; and
7. Any personal property equipment assigned specifically to Lacey (collar, leashes) and any
shelter previously constructed on Malcolm Hester’s property becomes the property of
Malcolm Hester. This does not include specialized police equipment (protective
equipment, special police issued equipment).
A motion was made by Commissioner Burroughs, seconded by Commissioner Rich or
the Board to approve and authorize the Chair to sign a resolution retiring canine Lacey and
transferring her to former K9 Handler Malcolm Hester.
VOTE: UNANIMOUS
Added Item:
b. Resolution Opposing NCDOT Incursion into Oosting Natural Area
The Board considered a Resolution Opposing North Carolina Department of
Transportation (NCDOT) Incursion into the Oosting Natural Area.
BACKGROUND:
The North Carolina Department of Transportation is in the process of developing plans to
expand I-40, between the I-85 / I-40 split in western Orange County to 15-501 near the Durham
County line, from 4-lanes to 6-lanes. Part of the expansion project currently calls for
redesigning and rerouting traffic patterns around the NC Hwy 86 / MLK Blvd and I-40
interchange.
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Portions of the plan would involve road construction within the Oosting Natural Area and also
through the Northwoods residential community. The resolution opposes NCDOT incursion into
the Oosting Natural Area, which is part of the “Rural Buffer” and defers comment on
Northwoods until more information is presented.
Commissioner Jacobs said he and Commissioner Marcoplos were at the elected
officials DOT meeting, and they saw a map that mentioned Duke University, without any further
differentiation. He said the consultants discussed the environmental impacts, but failed to
mention the significance of the Oosting natural area. He said as a result, he is proposing the
following resolution, which he read:
:
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION OPPOSING
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
INCURSION INTO THE OOSTING NATURAL AREA
WHEREAS, Orange County has a longstanding commitment to environmental protection; and
WHEREAS, for more than 30 years Orange County, in partnership with Chapel Hill and
Carrboro, has been committed to development according to a joint land-use plan that protects
significant natural areas in the central part of the county, including large sections of Duke
Forest in area designated as the "Rural Buffer"; and
WHEREAS, the Henry J. Oosting Natural Area, a segment of Duke Forest adjacent to Whitfield
Road at the northeast quadrant of the Interstate 40 intersection with NC 86/Martin Luther King
Boulevard, is within the area recognized by local governments for protection; and
WHEREAS, the Oosting Natural Area is a Registered Natural Heritage Area, placed in 2004 in
the protection program stipulated by the North Carolina Nature Preserves Act, providing crucial
connectivity of natural habitats in an increasingly urban and suburban setting across Orange
and Durham counties; and
WHEREAS, the Oosting Natural Area was recognized in 1979 by the North Carolina
Department of Transportation's (NCDOT) own Planning and Research Branch for "protective
measures" during the design and construction of I-40; and
WHEREAS, the Oosting Natural Area, managed by Duke University for "long range ecological
research and related activity" since 1959, currently is host to extensive research activities; and
WHEREAS, any environmental assessment conducted by or on behalf of NCDOT that fails to
take into account the rare value of the Oosting Natural Area is insufficient and misleading;
NOW, THEREFORE, BE IT RESOLVED the Orange County Board of County Commissioners
calls upon NCDOT to avoid any additional road or construction incursion into the Henry J.
Oosting Natural Area in association with redesigning this interchange or widening I-40 now or in
the future.
BE IT FURTHER RESOLVED that the Orange County Board of County Commissioners
requests that NCDOT carefully consider alternatives to disrupting not only this key segment of
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Duke Forest but the homes potentially impacted within the Northwoods community through
options presented on November 5, 2018.
This the 13th day of November 2018.
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich for the
Board to approve the resolution.
VOTE: UNANIMOUS
5. Public Hearings
NONE
6. Regular Agenda
a. Interlocal Agreement for the Provision of Solid Waste and Recycling Programs
and Services
The Board considered approving an Interlocal Agreement with the Towns of Chapel Hill,
Carrboro and Hillsborough for the provision of solid waste and recycling programs and services
and disposition of solid waste and recyclables within Orange County and authorizing the Chair
to sign.
Robert Williams, Solid Waste Director presented this item:
BACKGROUND:
At the June 3, 2014 BOCC meeting, the Board created the Solid Waste Advisory Group
(SWAG), a multijurisdictional task force charged with articulating, investigating, and proposing
collaborative solutions for solid waste issues confronting Orange County; the towns of Carrboro,
Chapel Hill and Hillsborough; the University of North Carolina at Chapel Hill; and UNC
Healthcare.
The charge to the group at the outset was to define the nature, scope, and timing of the solid
waste issues to be considered, including proposing an interlocal agreement on solid waste.
At the October 29, 2018 SWAG meeting, the SWAG members unanimously supported the
proposed draft interlocal agreement and recommended the BOCC and each of the Town
Boards approve the Agreement. The governing boards for the towns of Hillsborough and
Carrboro are considering the Agreement at their respective November 13, 2018 meetings. The
Town of Chapel Hill is expected to consider the agreement before the end of the calendar year.
An executive summary describing the Agreement is attached, along with the full agreement.
Robert Williams made the following PowerPoint presentation:
Interlocal Agreement Orange County Town of Chapel Hill Town of Carrboro Town of
Hillsborough
PURPOSE:
• Foster cooperation and collaboration between the County and the Towns regarding
matters related to solid waste management.
• Flexible framework in which the Parties can make decisions for their mutual benefit to
meet the evolving needs of the community while continuing to model environmental
excellence and leadership.
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BACKGROUND
• Developed collaboratively by staff from all jurisdictions
• Reviewed by Managers from all jurisdictions
• Reviewed by legal representative from each jurisdiction
• Unanimously approved by The Solid Waste Advisory Group (“SWAG”)
AGREEMENT BETWEEN PARTIES
• Recognizes UNC-Chapel Hill and UNC-Healthcare as important stakeholders but are
not parties to the Agreement
• UNC- Chapel Hill and UNC-Healthcare continued participation on SWAG and as non-
voting members regarding the Solid Waste Programs Fee
TERMS AND TERMINATION
• Agreement continues until Terminated by the parties jointly; but
• Individual party may withdraw with sufficient notice and, in recognition of the economic
effect on the other parties, payment of a withdrawal fee
NOTED CHANGES:
MANAGEMENT OVERSIGHT COMMITTEE ESTABLISHED (“MOC”)
Establishes the MOC made up of the County Manager and a Manager from each Town
• UNC and UNC-Health are invited to appoint a non-voting member
• Acts as a forum to discuss issues related to
Recycling, Solid Waste Management, Facilities and Services
Rate structure
Submits information to SWAG for final approval and recommendation
ILA Process Flow Chart
C&D AND MSW LANDFILLS
• County maintains financial, regulatory and environmental responsibility for the
Construction and Demolition (“C&D”) and Municipal Solid Waste (“MSW”) Landfills
• Towns and County will direct C&D Waste from projects with local government funding,
including School construction and renovation projects, to the C&D Landfill
MUNICIPAL SOLID WASTE (“MSW”) COLLECTION AND DISPOSAL FACILITIES
• The Towns and County each maintain authority and responsibility for MSW collected
and transferred within their respective jurisdictions.
• If any of the jurisdictions plan and develop alternative solid waste disposal facility
options the Agreement may be amended as necessary to clarify access, ownership and
operation.
• County will manage storm debris at the C&D Landfill and other identified locations
throughout the County. Towns remain responsible for collection and monitoring of their
storm debris
RECYCLING
• County to continue current recycling programs
• Elimination or Substantial changes must first be discussed by the MOC and then
presented to SWAG
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• Towns will notify MOC of any initiative that may impact the County Programs and
Services; recognizes that initiatives within one jurisdiction have potential to impact all
jurisdictions and funding
Overview of RRMO and Enforcement
• Each Town has authorized enforcement of the Regulated Recyclable Material
Ordinance (“RRMO”) within their jurisdiction
• Towns are required to continue to monitor, or have their collection contractors monitor,
waste for banned materials
• Agreement authorizes the County to collect and administer the SWP fee in the
incorporated and unincorporated area of the County
County will notify Towns of projected SWP fee changes by February 20th of each year
Failure by a Town to approve a fee increase necessary to meet County contractual obligations
may be treated as a withdrawal by that Town resulting in the Town being responsible for the
termination fee.
Overview of Solid Waste Programs Fee
County will also establish tipping fee for C&D Landfill, Notice will be given to Towns by
February 20th of each year as to projected tipping fee. Fee will be uniform for all Towns
Questions
Commissioner Price asked if Mebane has been considered, especially given its ongoing
growth and the impact of these additional residential areas in the Orange County portion of
Mebane.
Robert Williams said he would have to get that information.
Commissioner Rich asked if the termination rules could be reviewed.
Robert Williams said if a town terminates in November – 12-month termination notice –
that town will continue to receive services from the County, and the residents will continue to
pay a solid waste programs fee. He said at the end of the 12 months, the town will no longer
receive services from the County, but the town will pay a 12-month fee that is based on the
number of units that are serviced in that jurisdiction.
Commissioner Rich clarified that a one-year termination is required.
Robert Williams said yes, the municipality must give the County 12 months notice.
Chair Dorosin clarified that the municipality would pay for a year, post notification, and
still receive services; followed by another year of payments without any services rendered.
Robert Williams said yes.
Commissioner Jacobs said he believes that Mebane sends all of its solid waste to the
landfill in Alamance County.
Commissioner Jacobs gave a historical analysis of solid waste and landfills, noting how
the Towns and County have interacted over the years. He said the County took on the solid
waste operations in the early 2000s, and established some advisory boards and ethical
practices pertaining to solid waste. He said the Solid Waste Advisory Group (SWAG) was
created in 2014, and is made up of mostly elected officials, giving legitimacy and bit more
power behind the issues of solid waste. He said the University of North Carolina is also a part
of these discussions. He said this group has made significant progress since its inception, and
this agreement is quite an accomplishment.
Chair Dorosin said there is a provision about disposal facilities, and asked if there is any
update of any towns developing alternative disposal sites such as transfer stations.
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Robert Williams said staff has talked with all the municipalities about alternative options,
and the master plan will address this further as a joint process. He said ideas are still in the
hopper.
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich for the
Board to approve the Agreement and authorize the Chair to sign.
Commissioner Rich asked if Bonnie Hammersley could provide an outline for the
process if this is approved.
Bonnie Hammersley said two municipalities are considering this tonight (Hillsborough
and Carrboro) and Chapel Hill is doing so soon, and if there are any changes, it would come
back to each group to do the process over again.
VOTE: UNANIMOUS
b. Approval of Motorola Solutions Subscription Services Agreement for Digital
Evidence Management
The Board considered approving the Motorola Solutions Agreement for Digital Evidence
Management.
Jamie Sykes, Chief Deputy, reviewed the following information:
BACKGROUND:
At the request of the Orange County Board of Commissioners (BOCC), Sheriff Charles
Blackwood met with various vendors of body-worn cameras (BWC). After vetting and testing
the top four BWC models of interest, the Sheriff’s Office determined that services and products
offered by Motorola Solutions are best suited for use by Deputies. At the
February 6, 2018 BOCC meeting, representatives from Mobile Communications America
presented information to the Board on Motorola’s Digital Evidence Management Solutions
(DEMS).
North Carolina General Statutes § 143-129 subjects purchases of “apparatus, supplies,
materials, or equipment requiring an estimated expenditure of public money in an amount equal
to or more than ninety thousand dollars ($90,000)” to competitive bidding requirements unless
an exception exists. Among those exceptions are purchases made through a competitive
bidding group purchasing program, which is a formally organized program that offers
competitively obtained purchasing services at discount prices to two or more public agencies.
(See North Carolina General Statutes § 143-129(e)(3)). The Houston-Galveston Area Council
awarded a contract to Motorola Solutions, Inc. (Contract ID 17724) by virtue of a public
competitive procurement process that is compliant with the North Carolina statutory
requirements. Therefore, the present Agreement is exempted from the requirements of Chapter
143, Article 8.
As a result of the February 2018 presentation, Deputy County Manager Travis Myren worked
with Sheriff Charles Blackwood and Director of Emergency Management Dinah Jeffries to
appropriate funds for radio improvements to cover the cost in full for the DEMS purchase. At
this time, the necessary purchase orders have been issued and, pending Board approval of the
Agreement, Motorola Solutions will begin implementing the Digital Evidence Management
system. The Agreement has been reviewed by the Legal Advisor to the Sheriff as well as the
County Attorney’s Office.
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Jamie Sykes covered the history to this point. He said the total cost was $281,058,
which was less than expected. He said this cost covers the hardware, software, accessories,
maintenance, and digital evidence storage for 5 years; and prior to the conclusion of the 5-year
term, replacement devices will be issued at no additional cost.
Jamie Sykes said during the first phase they will roll out 75 units, which will cover the
entire patrol division and all the detention staff immediately.
Chair Dorosin said asked if the timetable for implementation could be reviewed, if the
BOCC were to approve this tonight.
Sheriff Blackwood said he was told the cameras are on the shelf, and available as soon
as practical and possible.
Sheriff Blackwood said they should be operational within 90 days.
John Roberts said the corporation’s representatives were open-minded to his suggested
changes.
A motion was made by Commissioner Rich, seconded by Commissioner Price for the
Board to approve the Motorola Solutions Subscription Services Agreement for Digital Evidence
Management, subject to final review by the County Attorney.
VOTE: UNANIMOUS
c. Triangle Water Supply Partnership Memorandum of Agreement
The Board considered entering into a Memorandum of Agreement (MOA) with Triangle
local government jurisdictions and their water supply authorities to create a successor to the
Jordan Lake Partnership (JLP), to be called the Triangle Water Supply Partnership (TWSP), a
regional water supply planning organization and authorize the Manager to sign.
Craig Benedict, Planning Director, presented this item:
BACKGROUND:
This item was previously considered by the Board at the October 16, 2018 regular meeting, at
which time the questions below were posed. Staff has provided responses below:
1. Why the name change from the Jordan Lake Partnership (JLP) to the Triangle Water
Supply Partnership (TWSP)? Response: The name change reflects the regional
coalition with the addition of Johnston County and Harnett County who, while completely
integrated in the Triangle planning region, draw water supplies from outside the Jordan
Lake watershed.
2. How is this new TWSP agreement different from the JLP agreement? Answer: The
primary difference is that the financial structure of the TWSP is more of a subscription
model; whereas, the JLP was more of a project-based model. This will smooth out the
cost shares (dues) and, with five-year planning of projects, improve the predictability of
budget allocations. The TWSP MOA also better facilitates project implementation by
fractions of the membership; for instance, two cities who wish to interconnect.
3. When is this ratification expected? Response: All other parties have signed and are
awaiting Orange County, although technically speaking the TWSP now exists, as at
least two of the members have signed the MOA.
4. Why aren’t Chapel Hill and Carrboro part of this agreement? Response: Orange Water
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& Sewer Authority (OWASA) is the purveyor of water for Chapel Hill and Carrboro and
coordinates with them and the County indirectly.
5. Do Johnston County and Harnett County currently have a Jordan Lake allocation?
Response: No.
6. With the addition of Johnston County and Harnett County to the TWSP, might they be
awarded a Jordan Lake allocation in the future, which might dilute Orange County’s
allocation? Responses:
a) The Jordan Lake allocations are like checking accounts; Orange County’s
allocation cannot be affected by any other Jordan Lake allocation.
b) The allocation request process has expired with the latest round.
c) Due to a current “regional-system” interconnection to Harnett County and
Johnston County, it is possible both could receive treated water originating from
Jordan Lake, but only through others with an allocation. As to whether the North
Carolina Division of Water Resources would recommend and the Environmental
Management Commission would approve such an “allocation” for permanent
water supply, any response provided would be only supposition. Both Johnston
and Harnett counties draw water supplies from outside the Jordan Lake
watershed. The current situation is that Harnett County has excess capacity and
its interconnection is primarily being counted on for supply to Johnston County
and Holly Springs. It is staff’s opinion that it is unlikely that Johnston and Harnett
counties would need a permanent allocation from Jordan Lake and that, no
matter what the actual outcome of any such future allocation decision might be, it
is better for Orange County to be a TWSP partner than not.
7. Is there any mechanism for the members of the TWSP to set higher standards for water
conservation across all the membership? Yes. This has, in fact, been one of the
concerns of the members and such collaborative efforts are ongoing.
Additional comments, as listed below, were received via e-mail after the October 16, 2018
BOCC meeting:
8. We should ensure that no party to the agreement loses their autonomy and cannot have
their water "seized" by the larger organization. Response: There is nothing in the
Triangle Water Supply Partnership (TWSP) Memorandum of Agreement (MOA) that
would subject any organization to loss of its water supply or allocation from Jordan
Lake.
9. What, if any, ancillary agreements with other regional water organizations might be
encoded in the agreement? Response: The TWSP MOA contains provisions that
facilitate collaboration between the members. It is a democratic agreement and TWSP
projects are formulated through that process.
10. What are the implications of the Jordan Lake allocations in regard to those jurisdictions
and/or utilities that were not part of the Jordan Lake Partnership? Response: Please see
the response to question 6 above.
11. Would it be worthwhile to get a brief report from OWASA that references these issues
and any concerns they might have. Response: Ruth Rouse, OWASA’s Planning and
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Development Manager, has been present at all Jordan Lake Partnership meetings as
the TWSP MOA has been in formulation. Ms. Rouse is thoroughly familiar with and in
support of the agreement and made the TWSP MOA approval recommendation to the
OWASA Board. Ms. Rouse has offered her full support to Orange County staff in
facilitating Orange County becoming a member of the TWSP and is a proponent of
Orange County joining.
The agreement which created the Jordan Lake Partnership expires next year. The Triangle
Water Supply Partnership (TWSP) is proposed as the successor to that partnership, to continue
providing a forum for coordination and collaboration for sustainable water supplies for the
region and provide an opportunity for other regional utilities to join. The Parties (Participants)
have negotiated a new Memorandum of Agreement (MOA) defining the terms of this regional
effort (Attachment 1), which is presented for the Board’s consideration.
Jordan Lake is the water supply for Cary, Morrisville, Research Triangle Park (RTP) south,
Apex and Chatham County. Communities in Wake, Durham, Orange and Chatham counties
also have Jordan Lake allocations for future water supplies. Orange County was recently
approved for a 1.5% allocation of the lake’s water supply by the North Carolina Department of
Environmental Quality.
The Jordan Lake Partnership (JLP) is one of the best examples of regional cooperation to meet
Orange County’s commitment to ensure economic self-sufficiency and high-quality, safe,
affordable, and reliable water services to meet the needs of residents and support continued
growth. Orange County has been a JLP partner since 2009. The JLP has served as a forum for
coordination and support during the state’s most-recent round of Jordan Lake water supply
allocations.
Over the past nine years, the JLP has helped the County and its partners obtain new Jordan
Lake water supply allocations from the State to meet anticipated future needs, created a 50-
year regional water supply plan, developed a comprehensive hydraulic model of the region’s
water systems and interconnections, and revised Jordan Lake drought contingency planning.
Joining Orange County in the JLP were Apex, Cary, Chatham County, Durham, Hillsborough,
Holly Springs, Morrisville, Orange Water and Sewer Authority (OWASA), Pittsboro, Raleigh,
Sanford and Wake County. The JLP was awarded the 2014 Outstanding Planning Award by the
American Planning Association’s North Carolina chapter and the 2015 Major Metro
Achievement Award by the National Association of Regional Councils, as a model for effective
collaboration between local governments.
The agreement that created the Jordan Lake Partnership expires in 2019. Because the JLP has
been a uniquely effective forum for regional water supply planning and water system
coordination, the JLP members desire to continue the working relationship. Wake County,
which transferred its Jordan Lake water supply allocation for RTP south to Cary in 2017, will not
continue in the JLP/TWSP.
The Participants propose to continue as a forum for regional coordination and collaboration for
sustainable water supplies under the name Triangle Water Supply Partnership (TWSP).
Proposed participants are shown in Attachment 2. The name change reflects the regional
coalition with the addition of Johnston County and Harnett County who, while completely
integrated in the Triangle planning region, draw their water supplies from outside the Jordan
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Lake watershed. Partners have negotiated a new Memorandum of Agreement defining the
terms of this regional effort, which is presented for the BOCC’s consideration.
All parties, with the exception of Orange County, have already approved the MOA, including two
Orange County partners, Hillsborough and OWASA.
Commissioner Marcoplos said he appreciated this information being shared tonight, and
he is satisfied that this is a transparent issue. He said he noticed that Wake County transferred
its Jordan Lake allocation to Cary, and did not become part of this agreement, despite other
municipalities in Wake County becoming part of the agreement. He said Hillsborough,
Carrboro, and Chapel Hill are party to the agreement through OWASA, and asked if there is
anything for Orange County to get out of, or contribute to, the agreement. He said it looks like
Wake County is neither getting in the way of, nor contributing to, all the municipalities being
involved.
Craig Benedict said there is a complex background as to where water supplies come
from beyond Jordan Lake. He said Wake County has opted to use some of its other water
supplies that are available. He said part of the year and a half period that occurred, prior to the
allocation process, was trying to sort out the viability of existing water resources and quantities
from other lakes in the area, and how Wake County and Raleigh fit into the program. He said
all the partners in the program thought it best for Wake County to give its allocation directly to
the municipalities. He said he understands that this is a bigger issue than just Jordan Lake,
and Orange County is the only entity without a water treatment facility. He said he thinks the
County was forward looking by being involved, and it preserves its allocation for the future for
specific growth areas that are anticipated.
Commissioner Marcoplos said he now has a greater understanding, and the County has
a reserved chip that it can play at a later time, if necessary.
Commissioner Jacobs said Orange County has been paying for its allocation since he
has been on the Board. He said Hillsborough stopped paying but when it needed water, its
allocation was granted back. He said the County has continued to pay for its allocation, even
through periods of recession, in order to have it as a bargaining chip.
A motion was made by Commissioner Marcoplos, seconded by Commissioner Jacobs
for the Board to:
1. Approve and authorize the Manager to sign the attached TWSP MOA, or a substantially
similar version, and to provide such notices and take such actions as the MOA
contemplates;
2. Authorize the County Manager to designate specific County Staff as a Representative
and Alternate Representatives to the TWSP, as deemed necessary, consistent with
section 4 of the MOA; and
3. Authorize the payment of cost shares, as determined by the TWSP and as approved by
the BOCC in the Orange County annual budget.
VOTE: UNANIMOUS
d. Orange County’s Recommendations Regarding Items Proposed for Inclusion in
the North Carolina Association of County Commissioners’ (NCACC) 2019-2020
Federal Legislative Agenda
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The Board discussed proposed issues and considered approving a resolution regarding
items proposed for inclusion in the North Carolina Association of County Commissioners’
(NCACC) 2019-2020 Federal Legislative Agenda and authorize the Chair to sign.
Greg Wilder, Manager’s office, presented this item.
Chair Dorosin asked the BOCC to consider items that did not make the list last year.
Commissioner Price said this is going to the National Association of Counties (NACo),
and she serves on some steering committees. She said several of these issues are going to go
forward already: workforce development, housing and community economic development, and
ending homelessness for Veterans.
Commissioner Price said broadband is throughout NACo, especially in rural counties,
and is going to go forward. She said the Stepping Up initiative will probably also go forward as
it was part of the previous President’s initiative.
Commissioner Rich said there is not consensus on the broadband issue on the NACo
technology steering committee because of the rural/urban divide. She is hopeful that this
discussion will come around to allow for more progress.
Commissioner Rich agreed with Chair Dorosin to put forth prohibiting discrimination on
the basis of sexual orientation and gender identity. She said she also wanted to see Medicaid
for all put forward, and does not know why it is not already on the list.
Commissioner Jacobs said there is a good range of federal programs already, but he
would suggest adding the Parkland Preservation Trust Fund, which does not have a dedicated
funding source.
David Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR)
Director, said this is called the Agricultural Conservation Easement Program (ACEP).
Commissioner Marcoplos asked if there are success stories from previously promoted
legislation, and how the County has been most effective in the past.
Chair Dorosin said he sees Orange County’s role as staking out the left pole from NACo
and North Carolina Association of County Commissioners (NCACC), by promoting those issues
that other counties may not promote.
Commissioner Marcoplos said he agreed with this, and would consider putting forth just
3 items to create greater focus.
Commissioner Rich said Chair Dorosin expressed this same sentiment in agenda
review, and suggested promoting 5 items.
Commissioner Price said this list shows how many counties are in favor of a particular
item. She said she would also add Temporary Aid to Needy Families (TANF) and social
services block grants to the list.
Commissioner Jacobs said this list is more like when the Board passes resolutions: it
makes a statement for the residents and values of Orange County.
Chair Dorosin said to try and create a list of 5 issues.
Commissioner Marcoplos suggested:
• National marshal plan to mitigate climate change
• legalize marijuana (Commissioner Rich added to rescind arrest for minor criminal
acts associated with marijuana)
Commissioner Price said something connected with immigration, but she is not sure
how to frame it.
Chair Dorosin summarized the issues he is hearing as most important:
• Dedicated funding for the Agricultural Conservation Easement Program
• Prohibition of discrimination based on sexual orientation or gender identity
• Increasing the federal minimum wage to $15/hour
• Medicaid for all
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• National marshal plan to mitigate climate change
• Legalize marijuana/decriminalize penalties
A motion was made by Commissioner Jacobs, seconded by Commissioner Rich, in
regards to the 6 items presented, for the Board to:
• approve and authorize the Chair to sign the resolution; and direct the Clerk to the
Board to forward the approved resolution and any other related materials to
NCACC by the November 16, 2018 deadline.
VOTE: Ayes, 6; Nays, 1 (Commissioner McKee)
Greg Wilder said staff will pull this together and work with the Clerk to get the Chair’s
signature and forward these 6 recommendations to NCACC by Friday.
7. Reports
NONE
8. Consent Agenda
• Removal of Any Items from Consent Agenda
8-e by Commissioner Rich
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
approve the remaining items on the consent agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
8 E. Nonprofit Capital Funding Loan Agreement
The Board considered voting to approve the Nonprofit Capital Loan Agreement
Template for providing loans to Nonprofits for capital projects.
Commissioner Rich said the timeframe indicates that Capital Loan requests are due on
November 30, 2018. She asked if any loans will be reviewed this year.
Gary Donaldson, Chief Financial Officer, said the timeframe is parallel with the outside
agencies process, and existing outside agencies have been given this information.
Commissioner Rich asked if there is a deadline for outside agency funding applications.
Gary Donaldson said the applications are due by the end of the year, with the award
process beginning in January.
Commissioner Rich said the loan requests are due to the finance office by November
30, and asked if these are due prior to the outside agency funding applications.
Gary Donaldson said the organizations should make a capital loan request on letterhead
to the County Manager’s office by November 30th
Commissioner Rich asked if all entities are aware of this timeline.
Gary Donaldson said staff has been advertising it.
Commissioner Rich said Club Nova was unaware of this timeline, and she wonders if all
organizations are really clear on the process.
Gary Donaldson said staff will send an additional follow up email to all the non-profits.
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A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
approve the Nonprofit Capital Loan Agreement Template for providing loans to Nonprofits for
capital projects.
VOTE: Ayes, 6; Nays, 1 (Commissioner McKee)
a. Minutes
The Board approved the minutes from November 1, 2018 as submitted by the Clerk to the
Board.
b. Change in BOCC Regular Meeting Schedule for 2019
The Board changed the Board of Commissioners’ regular meeting calendar for 2019 to add
a location to the January 25, 2019 retreat.
c. Fiscal Year 2018-19 Budget Amendment #3
The Board approved budget and capital project ordinance amendments for fiscal year 2018-
19 for the Sheriff’s office; Department of Social Services; Emergency Services; and
Planning and Inspections.
d. Acceptance of Electric Motorcycle Grant and Approval of Budget Amendment #3-A
The Board accepted $12,668 in reimbursement funds from the North Carolina Clean Energy
Technology Center to purchase an electric motorcycle; approve Budget Amendment #3-A;
and authorize the County Manager to sign.
e. Nonprofit Capital Funding Loan Agreement
The Board approved the Nonprofit Capital Loan Agreement Template for providing loans to
Nonprofits for capital projects.
9. County Manager’s Report
Bonnie Hammersley said the rolling calendar indicated that the Environmental
Agricultural Center (EAC) and detention center were supposed to be discussed at last week’s
work session, but these items were pulled as staff is anticipating some budget concerns with
this project due to construction costs. She said staff is working with the architect and
construction manager, and will bring this item back to the Board when there are additional
options worked out.
10. County Attorney’s Report
John Roberts said a lawsuit was filed today challenging the constitutionality of the
partisan gerrymandering, which is similar to the case filed in Pennsylvania that the
Pennsylvania Supreme Court upheld, and found the gerrymandering to be unconstitutional. He
said it is based on state constitution claims, and is thus unlikely that any federal court would
intervene, and it should be decided at the State level.
Chair Dorosin asked if there is also a case in federal court that has been successful.
John Roberts said there is a federal case that will ultimately get to the US Supreme
Court, but it only challenges the United States Congressional seats of North Carolina. He
thinks this case will either be sent back down, or ruled against the plaintiffs, at which point a NC
constitutional challenge could be filed in a similar manner to what was filed today.
11. *Appointments
a. Adult Care Home Community Advisory Committee – Appointments
The Board considered making appointments to the Adult Care Home Community
Advisory Committee.
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A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to
appoint the following to the Adult Care Home Community Advisory Committee:
• Position 3 Alison Brown - At-Large One Year position – one-year training - Preliminary
11/13/2019
• Position 6 Shade Little - At-Large One Year position – one-year-training - Preliminary
11/13/2019
Chair Dorosin noted there are still 3 other vacancies on this board.
VOTE: UNANIMOUS
b. Agricultural Preservation Board – Appointment
The Board considered making an appointment to the Agricultural Preservation Board.
A motion was made by Commissioner McKee, seconded by Commissioner Price to
appoint the following to the Agricultural Preservation Board:
• Position 12 - Kim Woods At-Large position - First Full Term ending 06/30/2021
VOTE: UNANIMOUS
c. Alcoholic Beverage Control Board – Appointment
The Board considered making an appointment to the Alcoholic Beverage Control Board.
A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to
nominate Marcus Wilhelm to this position
Commissioner Rich said their boards and commissions need new people, and to not
keep recycling the same people. She said Mr. Wilhelm is a business owner, and has
knowledge that would make him a great addition to this board.
VOTE: Ayes, 2 (Commissioner Rich and Commissioner Marcoplos); Nays, 5 (Chair Dorosin,
Commissioner McKee, Commissioner Burroughs, Commissioner Price, and Commissioner
Jacobs).
A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
appoint
• Position - 5 Elizabeth Carter At-Large position - Partial Term ending 06/30/2019
Commissioner Price said the board had vetted Ms. Carter, and she has been an active
community member.
Commissioner Burroughs said the voters have vetted Ms. Carter many times, and that
offers added confidence.
Commissioner Jacobs said Ms. Carter would also fill the long tradition of having a school
board member on this board.
VOTE: Ayes, 5 (Chair Dorosin, Commissioner McKee, Commissioner Burroughs,
Commissioner Price, and Commissioner Jacobs); Nays, 2 (Commissioner Rich and
Commissioner Marcoplos)
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d. Hillsborough Planning Board – Appointment
The Board considered making an appointment to the Hillsborough Planning Board.
A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
appoint the following to the Hillsborough Planning Board:
• Position 2 Lisa Frazier Hillsborough ETJ / County position - Second Full Term ending
10/31/2021
VOTE: UNANIMOUS
12. Information Items
• November 1, 2018 BOCC Meeting Follow-up Actions List
• Completion of the Triangle Regional Resilience Assessment
• FY2018-19 First Quarter Financial Report
13. Closed Session
A motion was made by Commissioner McKee, seconded by Commissioner Rich to go
into closed session at 8:59 p.m. for the purposes of:
“To discuss the County’s position and to instruct the County Manager and County Attorney on
the negotiating position regarding the terms of a contract to purchase real property,” NCGS §
143-318.11(a)(5).
“Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order
to preserve the attorney-client privilege between the attorney and the Board.”
VOTE: UNANIMOUS
RECONVENING INTO REGULAR SESSION
A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
reconvene into regular session at 9:17 p.m.
VOTE: UNANIMOUS
14. Adjournment
A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
go adjourn the meeting at 9:17 p.m.
VOTE: UNANIMOUS
Mark Dorosin, Chair
Donna Baker
Clerk to the Board
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