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HomeMy WebLinkAboutMinutes 12-18-2018 special meeting regular1 APPROVED 1/22/2019 MINUTES BOARD OF COMMISSIONERS SPECIAL MEETING December 18, 2018 7:00 p.m. The Orange County Board of Commissioners met in Special Session on Tuesday, December 18, 2018 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price 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 Rich called the meeting to order at 7:00 p.m. 1. Changes to the Agenda Chair Rich said this is a special meeting and the Board of County Commissioners (BOCC) cannot make changes to the agenda. Chair Rich noted the following items at the Commissioners’ places: - PowerPoint for Item 4-a - Audit report for Item 4-d PUBLIC CHARGE The Chair dispensed with the reading of the public charge. Arts Moment Tinka Jordy, Orange County Arts Commission Board Member, introduced the Arts Moment: Michael Chitwood has published 9 books of poetry. His most recent collection, Search & Rescue, received the 2018 L.E. Phillabaum Prize from Louisiana State University Press. His work has appeared in The Atlantic, The New Republic, Oxford American, The Southern Review and numerous other journals as well as on Garrison Keillor's The Writer's Almanac. He teaches at the University of North Carolina-Chapel Hill. Michael Chitwood read a poem called the Bikini Atoll Marching Band and Mt. Rushmore Precision Drill Team, noting that the Bakini Atoll was where the first nuclear test was conducted. He said this is a poem about how language and nostalgia are being used these days. 2. Public Comments a. Matters not on the Printed Agenda Riley Ruske made the following comments: Address to the OC BOCC December 18, 2018 2 My name is Riley Ruske, I am a United States Citizen and a Veteran. Almost 50 years ago I took an oath of office to "support and defend the Constitution of the United States against all enemies, foreign and domestic: that I will bear true faith and allegiance to the same". My sense of duty and patriotism is renewed every time I hear newly elected county commissioners take the oath of office to "support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith". Inherent in both oaths is the duty to protect and preserve the sovereignty of the United States of America. It is also my strong hope that these officials make this oath with a true commitment of their hearts and minds and not just as a minor formality to enter office. There has been a lot of talk in recent years about foreign influence in our elections and governance. Most of this talk expresses outrage about foreign nation-states such as Russia, China, North Korea, and others. Our Congress and special counsels conduct politicized hearings and investigations into these activities but it is really just pathetic and dangerous political posturing. The United States government has interfered in foreign elections and governance for decades; from Radio Free Europe to funding of resistance/dissident groups to imposing sanctions to putting in place leaders like Noriega, Castro, Hussein and others. It is only to be expected that other nation-states would try the same things against the United States. Many of the same members of our government who rage against interference in our country are the same ones who sit on Congressional committees or in bureaucracies like the State Department and spy agencies which authorize U.S. interference in foreign governments. Their outrage is hypocritical at best and even dishonest in the presentation to the American citizens. Thankfully, because we still have a fairly open society, the efforts of these foreign nation-states don't have much if any effect. However, there is a real existential danger of foreign influence in our country. A recent Yale and MIT University study shows that there are more than 20 million foreign nationals of illegal presence in our country. Not only do these illegal aliens cost United States Citizens taxpayers hundreds of billions of dollars each year, they exert incredible influence in our elections and governance at all levels. They actually distort the allocation of members of the House of Representatives thereby depriving our own citizens of their rightful representation in government. We have seen political candidates pledge everything from amnesty to citizenship to these illegal aliens as part of their campaigns to win office. A recent past president even basically gave 2 million of them amnesty after stating multiple times that he could not legally do so. Some government office holders are even working to give these foreign nationals the right to vote in local elections and to hold office in local government. Our very own Senators Burr and Tillis and Congressman Price all support the illegal alien movement. Recently the Orange County 9--County Manager Hammersley, County Sheriff Blackwood, and all seven Commissioners--Dorosin, Rich, Burroughs, Jacobs, Marcopolos, Mckee and Price--acted to provide U.S. Citizen taxpayer funds to aid and abet, shield and shelter illegal aliens in Orange County. Even more recently, Sheriff Blackwood put our families and children at risk by releasing convicted illegal alien child molesters into our county instead of turning them over to ICE for deportation. No doubt some people will call these comments racist or hateful. Such comments would come out of ignorance or dishonesty. National citizenship is the legal identification of affiliation or allegiance to a nation-state. It has nothing to do with race. Requiring that individuals and especially government officials obey the laws of the country is not hate--it is one of the civic responsibilities of citizens in a democratic republic such as ours. 3 It is not an overstatement to say that our governance has been corrupted by foreign nationals of illegal presence. Illegal immigration is a massive criminal enterprise. That is why a glimmer of hope appears when newly elected officials take the oath of office committing to support and maintain the Constitution and laws of the United States. I truly hope that the new commissioners will resist the pressures that will come to aid and abet, shield and shelter foreign nationals of illegal presence in our county. In fact, I truly hope they will reverse the corruption that already exists and restore the principles of lawfulness to our county government. Please honor your oath of office and, by doing so, also honor the commitments and sacrifices of our men and women in uniform and our veterans who have always protected and defended our Constitution and country against enemies foreign and domestic. God Bless the United States of America. Robin Jacobs, Eno River Association (ERA) Executive Director, presented the 2019 Eno River Association calendar to the Board of County Commissioners (BOCC). She said the calendar celebrates what others left behind that lived along the Eno River. She expressed appreciation for the collaboration between Orange County and the ERA. Bill Ward is a green activist in Orange County and petitioned the Board to comment on Duke Energy Carolina’s latest integrative resource plan. He reviewed other counties that are carbon free throughout the US: Monterrey Bay Community Power; three counties in California; Warren Buffet’s MidAmerican Energy will be by 2020; Green Mountain in Vermont (90% carbon free); Washington DC commits to be being 100% carbon free by 2032. He said Duke Energy is talking about using coal-fired plants into the 2040s, with Duke Energy’s emissions factor is currently 0.7 pounds of carbon dioxide for each kilowatt-hour of electricity generated. He said a typical family uses about 1000 KW hours/month. He said carbon dioxide is a waste gas from electricity generation. He asked the Board if it would comment on Duke’s energy plan and advocate for greener solutions. Chair Rich said the petition will be taken to agenda review, and clarified that there is a 150 day window to make a response to the plan, which was issued in September. Bill Ward said that it is his understanding. Craig Carter said, at a previous BOCC meeting, he asked about flying the 4 x 9.6 foot memorial flag for veterans at a cemetery, and was told he would received a response from the Board, but has not done so. Craig Carter also said his parents had a flag flown over the White House in their honor, and he is no longer able to fly this flag as it is deemed too large by local ordinances. Craig Carter said his most serious concern is the lack of ambulance services in the northern part of the County. He said a church member recently died after waiting 8.5 minutes without oxygen, and the local volunteer firefighters cannot provide medical care. He said he called 911 from his own house, due to a shooter in the state park next to his house, and reached Durham County services who transferred him to Orange County, and was ultimately told no one could respond. He said more services are needed, and asked if an ambulance can be stationed at St. Mary’s road. He said a great deal of money was spent on the fire station, but there are no plugs to power the ambulance. Commissioner McKee referred to the response time from Meadowlands, and said the ambulances were likely stationed somewhere else in the County at the time he called. He said he would follow up about the St. Mary’s Road station. 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 4 Commissioner McKee said at the December 3 meeting he asked for a report from GoTriangle, which is even more critical now with the proposed tunnel in Durham County. He petitioned for GoTriangle to give a report at the January 22nd BOCC meeting. Commissioner Greene said Sunday 21st is the annual Lantern Walk in Hillsborough and you can bring your own lantern, and meet at the Riverwalk in Hillsborough. She said it is a free event, but one must register. Commissioner Greene congratulated Carly Wheelis of Hillsborough, for being a finalist for the National Horse Trainer of the year. She said Carly is 16 years old. Commissioner Greene reviewed a bit of Carly’s history with horses. Commissioner Dorosin said on Friday he and Commissioner Greene attended the Justice Advisory Council, and received a presentation from Assistant District Attorney Jeff Nieman and Daniel Bose, North Carolina Justice Center, on a project for driver’s license restoration and the elimination of traffic court debt. He said during the presentation they learned that Durham County recently funded a pilot program to have 4 attorneys to work on these issues. He said he would like Orange County to fund a similar program with maybe one full time attorney to address these issues. He said he would like to have the presentation about the Durham program at a future meeting. Commissioner Dorosin said a resident recently contacted him about the usage of gray water (water from washing dishes, taking showers, etc.), which the County currently requires to be processed like black water (sewage). He said the State says gray water can be recycled for home use or irrigation. He would like information from their Orange Water and Sewer Authority (OWASA) representatives about the use of gray water for irrigation. Chair Rich said when she was on the OWASA board they did work with UNC to put in the purple pipes for gray water. She said it may not be in done as much in the County, and more information can be provided. Commissioner Price asked if there are plans for the Pat Sanford award to come before the Board of County Commissioners. Bonnie Hammersley said she will check with Bob Marotto, Animal Services Director. Commissioner Price said she would like a resolution honoring Nate Davis who has retired from the Town of Chapel Hill after 48 years. Commissioner Price petitioned to recognize the seniors at Orange High School who are on the Future Farmers of America team. She said this team won the highest state honor, and is going on to the national completion. Commissioner McKee said they often recognize ball teams for their accomplishments, and he would like to recognize this team as well. Commissioner Price said she received an email regarding the ABC Board and the possibility of privatization, and she would like to ask the Board of County Commissioners to sign on to the petition to oppose this. Commissioner Bedford had no comments. Commissioner Marcoplos said he previously proposed a resolution to support the Green New Deal, and he will write a draft for the January meeting. Chair Rich asked if staff could provide updates on the Hillsborough train station and the Wegman site in Chapel Hill. Chair Rich wished everyone a Happy Hanukkah, a day late. Commissioner Marcoplos referred to an article about the train station, and he would like to know the timing schedule for the construction of this station. 4. Proclamations/ Resolutions/ Special Presentations a. November 6, 2018 General Election Follow-up Report 5 The Board received a follow-up report on the November 6, 2018 General Election held in Orange County. Rachel Raper, Elections Director, gave a PowerPoint presentation, which reviewed the background information below, as well as several charts and graphs pertaining to election data: BACKGROUND: Below are some of the various activities and statistical information concerning the November 6, 2018 General Election: Pre-Election Activity All pre-election tasks were completed in a timely manner by staff, through a temporary relocation and Hurricane Michael making landfall the day before the voter registration deadline. These tasks included, but were not limited to: • 41 campaign finance reports were audited • Logic and accuracy testing was completed on all voting equipment • Voter education outreach events were held at both the Passmore and Seymour centers • Early voting and Election Day precinct election officials were trained over the course of 24 sessions • Ballots were ordered and received equaling to 100% of registered voters • Election supplies were prepared for 44 precincts and 5 early voting sites • Software was loaded on 132 Election Day and 24 early voting laptops • Multi-partisan Assistance Teams were trained and certified to be deployed as requested to assisted living facilities to assist voters with requesting and casting absentee ballots • From July 1, 2018 to November 6, 2018, the staff processed 7,232 new voter registrations, 4,939 duplicate registrations, 5,786 changes of information, and removed 5,195 from the voter rolls due to registration activity in other counties/states, death, request from voter, or felony sentencing. In total, 17,726 voter cards were mailed during this time period. Absentee Voting Although litigation coupled with Hurricane Matthew delayed the start of absentee-by-mail voting • 2,865 absentee-by-mail ballots were processed and sent to voters as requested Legislation passed prior to the start of early voting resulted in a longer early voting period and required 7 am – 7 pm weekday hours if voting beyond normal office hours was offered. • As directed by the Bipartisan State Board of Elections and Ethics Enforcement, 5 early voting sites were established with a total of 905 cumulative hours. 43,253 total votes were cast, with the votes cast at each site being: - 10,197 at the Board of Elections office - 11,379 at Carrboro Town Hall - 7,869 at Chapel of the Cross - 3,152 at Efland Ruritan Club - 10,656 at Seymour Senior Center • 1,776 new registrations and 2,154 updated registrations were processed during the early voting period Election Day Polls were open 6:30 am to 7:30 pm on November 6, 2018. Voting was steady throughout the day. 6 • An Orange Water and Sewer Authority water main break the day before the election resulted in additional logistical planning as facilities began closing as trucks were in route to deliver equipment and supplies • The Asset Management Services department ensured temporary restrooms were delivered to precincts affected by the main break to allow election officials access to restrooms during the 14+ hour day • All precincts were open at 6:30 am as required by law • No electronic poll book or printer issues were reported • A total of 22,008 people voted on Election Day • All Election Night results were reported, uploaded to the website, and finalized by 10:15 pm Post-Election Voter turnout for the November 6, 2018 General Election was 58.71%, considerably high for a midterm, “blue moon” election. • 371 provisional ballots were cast. Of those, the Board of Elections: - Fully approved 124 - Partially approved 5 - Did not approve 242 Chair Rich asked if “partially approved” could be explained. Rachel Raper said these are people who presented to vote, typically, out of precinct, and were not eligible to vote on certain items on the ballot due to being out of precinct (such as the Chapel Hill Affordable Housing bond). Commissioner McKee referred to the people voting without a record of registration, and asked if this could be clarified. Rachel Raper said provisional ballots may have been cast, but if the ballot is not approved it is not tabulated. Commissioner McKee asked if there was any follow up as to why these residents thought they could vote. Rachel Raper said some residents believed they were registered, but staff looked and was not able to verify the registrations. She said there were some students who were unsure if they were registered, and voted the provisional ballot in order to be registered for future elections. * No record of registration and previously removed due to registration activity in another county or state made up the bulk of provisional ballots the Board did not approve. • Data was uploaded from electronic poll books to complete voter history entry by mid- morning Thursday, November 8. • The election results were certified by the Board at canvass on Friday, November 16. • No election protests or challenges were filed in Orange County. • Absentee results by precinct will be reported by December 6, 2018 as required by law. She reviewed the demographics: • 52% Democrats; 38.5% unaffiliated; 14.5% Republicans; less than 1% Libertarian, Constitution and Green. • Turn out by gender: Women, 53%; Men, 43% • Turn out by age group: 41-65 were the most committed voters (44% of total turnout) • Race: 77% White; and 10% Black/African American; 6% undeclared; 4% Asian; 2% other; 1% multiracial 7 • Ethnicity: 78% Not Hispanic/Latino; 20% undeclared; 2% Hispanic/Latino Rachel Raper said this is a blue moon election (happens every 12 years, and involves no state-wide races on the ballot other than judicial races). She said there was a 58.71% voter turnout, which is good for this type of election (38.86% in 2006; the last blue moon election). Rachel Raper said the Orange County Board of Elections is able to provide voters the best possible services due to the dedication of the Board of Elections members and staff and the continued support from the Orange County Board of County Commissioners. She said the Board of Elections members and staff and Orange County voters appreciate the support provided by the Board of Commissioners and other County staff. Commissioner Dorosin said 42,000 early voters came out, and asked if many of those voters were registered that same day. Rachel Raper said there were 1,776 new registrations and 2,154 updated registrations processed during the early voting period Commissioner Dorosin said he appreciated the report, but he would also like different information; for example, every one over the age of 65, who is registered, compared to the 18- 25 year old age group. Rachel Raper said the demographics mirrored the voter registration. She said she has this information and will get it the Board. Commissioner Dorosin referred to the slide about age demographics, and clarified that 44% of all voters were aged 41-65 years, and of those aged 41-65 years, 44% turned out to vote. He said this seems mathematically surprising. Rachel Raper said 38% of the registered population is 41-65 years of age, and 44% turned out to vote. She said of the 38% registered 44% turned out. Commissioner Dorosin said he would like to know how many voters are in each age group category and how many turned out to vote, and same thing with the race. Commissioner Dorosin said there was 58% total turnout. He said there are 115,000 registered voters in Orange County, but asked how many people in the County could be registered, if everyone over 18 was registered. Rachel Raper said 85% of the population is registered to vote, which is a good average. Commissioner Dorosin said it would be good to have this information as benchmarks. Commissioner Price referred to the one-stop voters per hour, and asked if staff averaged these. Rachel Raper said yes, she took the number of voters per day and averaged it by how many hours were offered that day. b. Proclamation – Bill of Rights Day The Board considered voting to adopt a proclamation to officially recognize Bill of Rights Day in Orange County during the month of December 2018 and authorize the Chair to sign. Peggy/Margaret Misch read the Proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION Bill of Rights Day DECEMBER 15, 2018 Whereas, the necessary states ratified the Bill of Rights, the first ten amendments to the United States Constitution, on December 15, 1791; and Whereas, the Bill of Rights protects every person of this state and nation from the infringement of basic human and civil rights; and 8 Whereas, the freedoms of speech and association and the right to due process and equal protection of the law, as embodied in the Bill of Rights, are a model for democratic institutions and laws all over the world; and Whereas, it was the North Carolina convention, held in Hillsborough, which was instrumental regarding the inclusion of a Bill of Rights as part of ratifying the United States Constitution; and Whereas, the people of North Carolina stood strong in withholding ratification of the Constitution until the Bill of Rights was added to ensure their inalienable rights; and Whereas, the Orange County Board of Commissioners demonstrated its commitment to “upholding the civil rights and civil liberties of all persons in Orange County and their free exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, the State of North Carolina, and Orange County,” in a May 20, 2003 approved resolution entitled “A Resolution Regarding the Protection of Civil Rights and Civil Liberties”; and Whereas, the Orange County Board of Commissioners reaffirmed the protections of all its residents by passing “A Resolution Opposing the Use of Local Law Enforcement to Enforce Civil Immigration Law and Policy” on January 23, 2007; Now, Therefore Be It Resolved that we the Orange County Board of Commissioners do hereby proclaim December 15, 2018 as “BILL OF RIGHTS DAY” in Orange County and commend this observance to all people. This, the 18th day of December 2018. A motion was made by Commissioner Dorosin, seconded by Commissioner Price for the Board to adopt the Proclamation regarding Bill of Rights Day and authorize the Chair to sign the Proclamation. VOTE: UNANIMOUS c. Resolution In Support of Campaign to Make North Carolina a No-Torture State The Board considered voting to adopt a Resolution In Support of Campaign to Make North Carolina a No-Torture State and authorizing the Chair to sign. Commissioner Greene read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF CAMPAIGN TO MAKE NORTH CAROLINA A NO-TORTURE STATE WHEREAS, the non-governmental North Carolina Commission of Inquiry on Torture (NCCIT, www.nccit.org) was established to examine the role of North Carolina in the United States’ secret, global torture program launched soon after September 11, 2001; and WHEREAS, the volunteer led NCCIT has conducted an inquiry into the use of public airports by the CIA to facilitate torture and learned that Aero Contractors, a CIA affiliated company, transported at least 49 people for torture, many of them innocent of any terrorist ties; and 9 WHEREAS, Aero Contractors is headquartered at the Johnston County Airport in Smithfield, NC, and also used the state-run Global TransPark in Kinston for “torture taxi” flights; and WHEREAS, North Carolina residents have been calling since 2005 for investigation of Aero Contractors, and support has come from people of faith, veterans, elected officials, civic groups, labor, various political parties, and members of different racial and ethnic groups; and WHEREAS. 10 NCCIT Commissioners – a diverse, blue-ribbon panel of distinguished individuals – heard testimony from 20 witnesses (survivors, journalists, human rights experts) on November 30 and December 1, 2017, in Raleigh; and WHEREAS, Governor Roy Cooper and Attorney General Josh Stein are expected to respond to the 84-page NCCIT Report (NCTortureReport.org) since its release on September 27, 2018; and WHEREAS, the Orange County Board of Commissioners adopted the RESOLUTION IN SUPPORT OF THE NORTH CAROLINA COMMISSION OF INQUIRY ON TORTURE (RES- 2016-08) in December 2016; NOW, THEREFORE, BE IT RESOLVED, that we, the Orange County Board of Commissioners, do hereby urge Governor Cooper and Attorney General Stein to hold private contractors such as Aero Contractors accountable for involvement in the torture program; to enforce state, federal, and international law; and to stop hosting Aero at public airports to prevent North Carolina from being the home to “torture taxis.” This, the 18th day of December 2018. A motion was made by Commissioner Greene, seconded by Commissioner Price for the Board to approve and authorize the Chair to sign the resolution. Commissioner McKee referred to “NOW, THEREFORE, BE IT RESOLVED, that we, the Orange County Board of Commissioners, do hereby urge Governor Cooper and Attorney General Stein to hold private contractors such as Aero Contractors accountable for involvement in the torture program,” and asked John Roberts if this could be explained. John Roberts said the language means what it says, and he would have to research further into existing laws that may apply. Commissioner McKee asked if one commits an act that is legal at one point, but is made illegal in the future, can one be held to the future law retroactively. John Roberts said he does not think one can be held accountable to a law retroactively. Commissioner McKee asked if there are any current protocols in place that could prevent Aero from landing. John Roberts said he cannot answer that at this time. Commissioner McKee said he would support this motion, but he has issues of bringing resolutions before the Board with language that is so nebulous. He said he does not know how one can be held accountable for something against which there is no law available. He said torture is egregious, but he has issues with bringing resolutions that have this type of vague language and the ultimately become meaningless. Commissioner Marcoplos said he does not read the word accountable as a legal term, and asked if this word indicates legal action. John Roberts said it does not have to indicate legal action. Commissioner McKee asked if accountable could be more clearly defined. 10 Commissioner Marcoplos said one can be held accountable in any number of ways. He said he finds the wording to be fairly clear and straightforward. Commissioner Greene said this resolution is about events that have already taken place, where no branch of state government had any interest to investigate. She said a contractor that ran out of Smithfield was involved in transporting people overseas to be tortured. She said this is not about holding others accountable to a future law. She said the very well written and complete can be found online at nctorturereport.org. She said those flying the plane are just as complicit in the torture as the ones committing the actual torture. VOTE: UNANIMOUS Peggy Misch said she tried to combine this resolution and the Bills Of Rights Day together and relate these two because the 8th amendment speaks against torture. Peggy Misch said solitary confinement is a form of torture that is still used today and she hopes the resolution that just passed can get to Governor Cooper and Attorney General Josh Stein. She said this resolution is about accountability. Commissioner Dorosin suggested forwarding the resolution to the Governor and Attorney General. Commissioner Greene asked if the resolution could be forwarded to the Johnston County Commissioners. Commissioner Price suggested sending the resolution to all the counties across the state. Commissioner Price said she forgot one question during the elections presentation, and said she would like to know the costs of the elections. d. Presentation of Comprehensive Annual Financial Report for FYE 6/30/2018 and Approval of Audit Contract Extension The Board received the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2018 and considered voting to approve an extension to the audit contract for Mauldin & Jenkins, PLLC. BACKGROUND: The CAFR reports on all financial activity of the County for the fiscal year July 1, 2017 through June 30, 2018. Mauldin and Jenkins, a firm of Certified Public Accountants, audited the financial statements. The financial statements, audit and contract extension are required by Chapter 159-34 of the North Carolina General Statutes. The County prepares a Comprehensive Annual Financial Report (CAFR) that meets the standards set by the Government Finance Officers Association (GFOA). The CAFR is submitted to the GFOA in order to be awarded the Certificate of Achievement for Excellence in Financial Reporting. The financial report for the Orange County SportsPlex, as required under the management contract, is included in the County’s CAFR. The County received an unmodified (clean) audit opinion on the financial statements received from the audit. The financial audit results indicate compliance with County financial policies. The Chief Financial Officer and representatives of Mauldin and Jenkins will cover highlights of the report and answer any questions. The audit contract extension is required to accommodate Mauldin & Jenkins submittal of the audit report to the Local Government Commission on December 4, 2018. Gary Donaldson, Chief Financial Officer, made the following PowerPoint presentation: 11 Fiscal Year 2017-18 Review and Summary Gary Donaldson, Chief Financial Officer December 18, 2018 BOCC Regular Meeting FY 2017-18 Audited Reserves by Fund (chart) Fund Balance Policy Compliance (bar graph) Debt Service Policy Compliance (bar graph) FY 2017-18 Unassigned Fund Balance of 16.23%= $34,439, 230 compared to 16% Policy=$33,951,266 The .23% difference= $487,964 Service Policy Compliance Investment Earnings Performance: General Fund Investment Earnings (graph) Investment Earnings Performance: Solid Waste Fund Investment Earnings (graph) Operating Funds Highlights  Met Board County Policies; Unassigned Fund Balance and Debt Service Limit;  AAA Bond Rating Affirmation by all 3 Rating Agencies citing Favorable Budget versus Actuals Performance and Reserve Levels;  Refinanced Existing Debt and Achieved $2 million in savings over the life of the Debt obligations;  Reduced General Fund subsidy to Solid Waste Fund from $1.8 to $1.5 million;  Doubled Investment Earnings through timely investment of cash in higher interest rate environment three successive fiscal years;  Decommissioned structurally imbalanced Vehicle Replacement Fund in Budget Amendment #10; and  Implemented GASB 74 and 75 for Other Post-Employment Benefits (OPEB); with no adverse impact on Financial Statements; Capital Fund Highlights  Spring Installment Purchase Financing: $7.5 million included Northern Campus acquisition; Government Services Annex relocation of Electrical and HVAC; School Facilities and Buildings; 9 Sheriff Dodge Chargers; 3 Emergency Services Ambulances; 1 Animal Services Truck; 1 Solid Waste Truck and 1 Compactor Equipment; IT improvements; and Affordable Housing Land Banking.  General Obligation Bonds: $64.4 million for Chapel Hill High School; $15.9 million Orange County Schools Mechanical Systems, Site acquisition, Roofing and Safety improvements; $5.9 million Two-thirds bonds for both School Districts; and $2.5 million for Affordable Housing Bonds for CASA, Empowerment and Habitat for Humanity Projects. Financial Management Monitoring • Monthly and Quarterly Finance Reviews of all Funds • Budget versus Actual Variance Analyses compared with Prior Year • Financial Analysis Distinguishing Timing versus Performance Variances 12 • Updating Economic indicators and trends in new Long-Term Financial Model • Regular Communication and Collaboration with all Departments to monitor and improve Financial Results Internal Control Key Performance Indicators (table) James Bence, Maudlin & Jenkins, made the following PowerPoint presentation: Maudlin and Jenkins Presentation of 2018 Audit Results Orange County, North Carolina December 11, 2018 Agenda  Engagement Team  Results of the 2018 Audit  Financial Ratios  Comments, Recommendations, and Other Issues  Questions & Comments Engagement Team  Maudlin & Jenkins, LLC; General Information o Founded in 1918 o Large regional firm serving the Southeastern United States o Office located in Atlanta, GA; Macon, GA; Albany, GA; Savannah, GA; Bradenton, FL; Chattanooga, TN; Birmingham, AL; and Columbia, SC employing approximately 260 personnel o In addition to our governmental practice, we have large banking, healthcare, not for profit, benefit plan and tax practices.  Maudlin & Jenkins, LLC; Governmental Sector o Largest specific industry niche served by the Firm representing 25% of Firm practice o Serve more governmental entities throughout the Southeast than many other certified public accounting firm requiring over 85,000 hours of service on an annual basis. o Approximately 100 professional staff persons with current governmental experience. o Current auditor for over 400 total governments in the Southeast, including approximately: • 45 counties; • 100 cities; • 50 school systems; • 40 state entities; and, • 140 special purpose entities (stand along business type entities, libraries, etc.)  Engagement team leaders for Orange County o Joel Black, Engagement Partner o James Bence, Audit Services Partner o Tim Lyons, Quality Review Partner 13 Results of 2018 Audit  Our Responsibility Under Auditing Standards Generally Accepted in the United States of America (GAAS) and Government Auditing Standards (GAS) - We considered the internal control structure for the purpose of expressing our opinion on the County’s basic financial statements and not providing assurance on the internal control structure. - Our audit was performed in accordance with GAAS and GAS. - Our objective is to provide reasonable—not absolute—assurance that the basic financial statements are free of material misstatement. - We did not audit the financial statements of the Orange County ABC Board. We reviewed and relied on the report of other auditors for amounts included in the County’s statements related to the ABC Board. - The basic financial statements are the responsibility of the County’s management.  Report on 2018 Basic Financial Statements - Unmodified (“clean”) opinion on basic financial statements. - Presented fairly in accordance with accounting principles generally accepted in the United States of America. - Our responsibility does not extend beyond financial information contained in our report.  Significant Accounting Policies - The significant accounting policies used by the County are described in Note 1 to the basic financial statements. - The policies used by the County are in accordance with generally accepted accounting principles and similar government organizations. - In considering the qualitative aspects of its policies, the County is not involved in any controversial or emerging issues for which guidance is not available.  Management Judgment/Accounting Estimates - The County uses various estimates as past of its financial reporting process – including valuation of accounts receivable, depreciation of capital assets, seld- insurance claim liabilities, and pension and OPEB assumptions.  Financial Statement Disclosures - The footnote disclosures to the financial statements are also an integral part of the financial statements and the process used by management to accumulate the information included in the disclosures was the same process used in accumulating the statements. The overall neutrality, consistency, and clarity of the disclosures was considered as part our audit.  Relationship with Management - We received full cooperation from the County’s management and staff. - There were no disagreements with management on accounting issues or financial reporting matters. 14  Audit Adjustments - There were several posted adjustments, which were necessary during the audit process. Those entries have been provided to management and have all been recorded on the County’s general ledger by management and they have agreed with all adjustments. There was one proposed and passed adjustment related to the understated depreciation of completed capital outlay projects. This adjustment has been provided to management. Evaluated by management, and deemed immaterial to the County’s financial statements.  Management Representation - We requested, and received, written representations from management relating to the accuracy of information included in the financial statements and the completeness and accuracy of various information requested by us.  Consultation with Other Accountants - To the best of our knowledge, management has not consulted with, or obtained opinions from, other independent accountants during the year, nor did we face any issues requiring outside consultation.  Significant Issues Discussed with Management - There were no significant issues discussed with management related to business conditions, plans, or strategies that may have affected the risk of material misstatement of the financial statements.  Information in Documents Containing Audited Financial Statements - Our responsibility for other information in documents containing the County’s comprehensive annual financial report and our report thereon does not extend beyond the information identified in our report. If the County intends to publish or otherwise reproduce the financial statements and make reference to our firm, we must be provided with printers’ proof for our review and approval before printing. The County must also provide us with a copy of the final reproduced material for our approval before it is distributed.  Auditor Independence - In accordance with AICPA professional standards, M&J is independent with regard to the County and its financial reporting process. - There were no fees paid to M&J for management advisory services during fiscal year 2018 that might affect our independence as auditors. General Balance Ratio to Expenditures – chart Trend Analysis of Property and Sales Tax Revenue per Capita - Chart General Fund Budget to Actual Results for FY 2018 - Chart  General Fund revenues were 2.4% more than the amended budgeted amount. The actual revenue was over budget due to increased actual property tax collections. 15  Expenditures for many functional areas were less than budget by $6.4 million (2.9%) from the operating budget. Several departments came in under budget due to personnel vacancies and efforts to spend conservatively.  Budgeted use of fund balance was not needed to the extent anticipated, as actual revenues and other financing sources exceeded expenditures.  General Fund significant transfers were $1,357,688 to School Capital Improvement Fund; $320,000 to County Capital Improvement Fund; $1,426,972 to Solid Waste Landfill Fund; and $864,230 to nonmajor governmental funds. Enterprise Results- Chart Changes in Single Audit Engagements Change in reporting of direct benefit payments – removed from Schedule of Expenditures of Federal and State Awards (SEFSA)  Previously reported Federal Expenditures of $93.4 million  Type A program threshold was $2.8 million  Average 2 federal programs, Medicaid tested every year  Now reporting Federal Expenditures of $21.9 million  Type A program threshold now $750,000  Testing for 8 federal and 1 state programs in 2018 – SEFSA Additional changes in Medicaid: o Now eligibility testing is required to be performed as agreed upon procedures engagement; o Separate from financial/compliance audits for the County; o Procedures determined by the Office of State Auditor; o Issued report for the County on October 31, 2018 – no inconsistency reported. Additional Testing Local Government Employees Retirement System • Attestation report issued October 10, 2018 • Test was performed on employee census data as of December 31, 2017 • State randomly selects LGERS participants for testing • Report issued stated the County was providing the significant elements of employee census data for the year ended December 31, 2017 – no errors noted. Cash Handling – Agreed Upon Procedures • We are working with each office throughout the County to evaluate the cash receipting process • Procedures started and will be wrapping up in early spring 2019 Comments, Recommendations, and Other Issues Material Weaknesses on Financial Reporting Debt Financing Reporting Misstatements were detected in the reporting of the County’s recording for debt issuances, including the associated balance sheet accounts, revenues, 16 expenditures, and expenses. During our testing, audit adjustments were required to properly report the County’s debt and related debt service schedules and related balance sheet account, revenues, and expenditures/expenses. Audit adjustments totaling approximately $30 million were required to record other financing sources and other financing uses; and $8.5 million were needed to correct the classification of the County’s accounting and reporting of the debt service activity. We recommend the County carefully review all financing documents received during the issuance of the bonds or notes. There are several draft versions, which may circulate before the final information is available, but all members of the County’s management team should ensure all key members have the necessary schedules to properly report the issuance, issuance costs, and other disbursements associated with the issuance. Expenditure/Expense Recognition During our testing, audit adjustments were required to properly report the County’s expenditures/expenses and related balance sheet accounts. During our testing of subsequent disbursements we identified expenses that were incurred as of June 30, 2018 but were note remitted until subsequent to the fiscal year end. The expenses of the County Capital Project Fund and the Solid Waste Landfill Fund were understated by $227,745 and $65,712, respectively. Audit adjustments totaling approximately $293,450 were needed to correct the County’s expenditures/expenses and related balance sheet accounts. We recommend the County ensure all expenditures/expenses are properly reported in accordance with generally accepted accounting principles. Equity Reconciliation During our testing, an audit adjustment was required to adjust the opening net position of the Solid Waste Landfill Fund. The entry included adjusting balances incorrectly coded to equity during the current year, as well as to record audit entries from the prior year, which were not posted to the County’s general ledger. An audit adjustment totaling $806,521 was needed to correct the County’s opening net position as of June 30, 2018. We recommend the County carefully review all transactions to ensure all year-end closing entries, including those proposed by the auditors, are recorded in accordance with generally accepted accounting principles. Industry recommendation The Information Technology environment is characterized by rapid change and there has been no shortage of headlines about cyber security attacks. While breaches of large organizations have been very high profile and have received a lot of press coverage, organizations of all sizes face the same types of threats and are experiencing similar breaches. Many organizations are still struggling to effectively address cyber security issues; however, they are no longer ignoring them. During the performance of our audit of the financial statements of the County, we noted that the organization is taking measures to prevent such an attack on the County, but is lacking some elements of a Cyber security Framework or Cyber security Risk Management Program (CRMP). A functioning CRMP will assist the County with comprehensively identifying cyber security weaknesses, potential threats and risks, and controls used to safeguard information and systems. We recommend that the 17 entity investigate and consider implementation of a Cyber security Risk Management Program including covering the monitoring and testing of controls in place.  New GASB Pronouncements- Implemented This Year - GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, replaces the requirements of Statement No. 45 and addressed accounting and financial reporting for OPEB that is provided to the employees of the state and local governmental employers. This statement established standards for recognizing and measuring liabilities, deferred outflows of resources, deferred inflows of resources and expense/expenditures. For defined benefit OPEB, this statement identifies the methods and assumptions that are required to be used to project benefit payments, discount projected benefit payments to their actuarial present value, and attribute that present value to periods of employee service. Note disclosure and required supplementary information requirements about defined benefit OPEB are also addressed. - Statement No. 74, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans. The objective of this statement is to improve the usefulness of information about postemployment benefits other than pensions (other postemployment benefits or OPEB) included in the general purpose external financial reports of state and local governmental OPEB plans for making decisions and assessing accountability. This statement results from a comprehensive review of the effectiveness of existing standards of accounting and financial reporting for all postemployment benefits (pensions and OPEB) with regard to providing decision- useful information, supporting assessments of accountability and inter- period equity, and creating additional transparency. - Statement No. 76, The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments. The objective of this statement is to identify (in the context of the current governmental financial reporting environment) the hierarchy of generally accepted accounting principles (GAAP). The “GAAP hierarchy” consists of the sources of accounting principles used to prepare financial statements of state and local governmental entities in conformity with GAAP and the framework for selecting those principles. - GASB Statement No. 83, Certain Asset Retirement Obligations, requires the accrual of an estimate for any legally enforceable future liability associated with the retirement of a capital asset (i.e. decommissioning a sewer treatment plant) and to report the expenses over the life of the associated capital asset. Applicable for June 30, 2019. - GASB Statement No. 84, Fiduciary Activities, This statement establishes criteria for identifying fiduciary activities with a focus on: 1) whether a government is controlling the assets of the fiduciary activity; and, 2) the beneficiaries with whom a fiduciary relationship exists. Applicable for June 30, 2020.  New GASB Pronouncements for Future Years 18 - GASB Statement No. 87, Leases was issued in June 2017 and is effective for the first reporting period beginning after December 15, 2019. This statement increases the usefulness of governments’ financial statements by requiring recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. It establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this statement, a lessee is required to recognize a lease liability and an intangible right-to- use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources, thereby enhancing the relevance and consistency of information about governments’ leasing activities. Applicable for June 30, 2021. - Statement No. 88, Certain Disclosures Related to Debt, Including Direct Borrowings and Direct Placements, under Statement 88, debt for disclosure purposes is defined as a liability that arises from a contractual obligation to pay cash (or other assets) in one or more payments to settle an amount that is fixed at the date the contractual obligation is established. Applicable for June 30, 2019. - Statement 89, Accounting for Interest Cost Incurred Before the End of a Construction Period, this standard eliminates the requirement/ability to capitalize construction period interest costs as part of the cost of a capital asset in enterprise funds. This standard should be applied prospectively with no restatement. This standard can be early implemented as part of fiscal year 2019, but is applicable for June 30, 2021. - Statement No. 90, Equity Interests an amendment of GASB Statements No. 14 and No. 61, is intended to improve the consistency and comparability of reporting a government’s majority equity interest in a legally separate organization and to improve the relevance of financial statement information for certain component units. It defines a majority equity interest and specifies that a majority equity interest in a legally separate organization should be reported as an investment if a government’s holding of the equity interest meets the definition of an investment. A majority equity interest that meets the definition of an investment should be measured using the equity method, unless it is held by a special-purpose government engaged only in fiduciary activities, a fiduciary fund, or an endowment (including permanent and term endowments) or permanent fund. Those governments and funds should measure the majority equity interest at fair value. Applicable for June 30, 2020.  Other Matters Currently Being Considered by GASB - Re-Examination of the Financial Reporting Model. GASB has added this 19 project to its technical agenda to make improvements to the existing financial reporting model (established via GASB 34). Improvements are meant to enhance the effectiveness of the model in providing information for decision- making and assessing a government’s accountability. - Conceptual Framework is a constant matter being looked at by GASB. Current measurement focus statements (for governmental funds) to change to near-term financial resources measurement. May dictate a period (such as 60 days) for revenue and expenditure recognition. May expense things such as supplies and prepaid assets at acquisition. - Revenue and Expense Recognition is another long-term project where the GASB is working to develop a comprehensive application model for recognition of revenues and expenses from non-exchange, exchange, and exchange-like transactions. - Conduit Debt. The GASB is looking at improving the definition of conduit debt and determining whether a liability should be reported for these transactions.  Other Changes - There continues to be changes to auditing standards relative to the conduct and reporting of Single Audits. This year’s financial and compliance audit recognized the implementation of the new Uniform Grant Guidance (UG), which included significant changes to cost principles and other requirements for auditees receiving Federal funds. These changes are driven based on the grant award date as awarded by the Federal agency. As such, auditors and auditees will follow requirements from both the “old” and “new” guidance for a few years to come. Commissioner Dorosin referred to page 11, and asked if this is that just a change in the way things get reported, or is there a substantive change in the County’s overall fiscal health. James Bence said in short no, there was no change, but there is a new audit that the County has to have. He said the State still requires auditors to come in and audit the eligibility determination, but because it is not part of the County’s financial packet, the State requires agreed upon procedures, which was a separate engagement that the Firm did with the County. He said the results of this engagement were submitted to the State in October, citing no instances of determination ineligibility. Commissioner Dorosin clarified that the way things are done has changed, but the underlying substantive outcomes shows that everything is in order. James Bence said yes, in layman’s terms. He said the audit is still clean, and the biggest takeaway would be to know that more of the County’s programs are going to be subject to compliance review now than in the past. Commissioner Marcoplos asked if these changes added additional expense to the County for additional audits. James Bence said yes. Commissioner Greene referred to page 15, and asked if a cyber security risk management program is costly to implement. James Bence said he does not know if he can answer that question. He said the process starts with a study and it may be able to be handled in house. He said his firm’s greatest emphasis is placed on the County getting a policy in place. Commissioner Greene said the County would need to commit to having a policy and then find out how to implement it. James Bence said yes. 20 Commissioner Bedford referred to page 20 of the full audit report, and asked if this is where the Board should be focusing most of its attention. James Bence said that is the County’s budget schedule, and pages 17-20 would be good schedules to look at. Commissioner Bedford said it would have been helpful to have these documents in advance of this meeting, in order to be familiar with them prior to having the presentation. A motion was made by Commissioner McKee, seconded by Commissioner Price for the Board to approve the audit contract extension per North Carolina General Statute. VOTE: UNANIMOUS 5. Public Hearings NONE 6. Regular Agenda a. Approval of the Proposed Guidelines for the New Orange County Local Rent Supplement Program (OC-LRSP) and Approval to Enter into an Agreement with the Orange County Housing Authority to Administer the New OC-LRSP Utilizing the Locally-Appropriated Funds The Board considered voting to adopt a resolution approving the proposed program guidelines for the new Orange County Local Rent Supplement Program (OC-LRSP); and authorize the County Manager to execute the necessary agreement with the Orange County Housing Authority to administer the new Orange County Local Rent Supplement Program (OC- LRSP). Sherrill Hampton, Housing Director, reviewed the information below: BACKGROUND: The Orange County Board of County Commissioners, at its June 19, 2018 regular meeting, approved an initial $100,000 appropriation for a new local voucher program known as the OC Local Rent Supplement Program. In addition, the HOME Consortium, now known as the Local Government Affordable Housing Collaborative and consisting of the Towns of Carrboro, Chapel Hill, and Hillsborough, as well as Orange County, approved a recommendation to award $139,613 in FY 2018-19 HOME funds to be used for Tenant-Based Rental Assistance. Of the aforementioned amount, $114,613 will serve as leveraged resources for the new OC Local Rent Supplement Program. The remaining amount of $25,000 will be used for the Rapid Re-Housing Program. The federal Department of Housing & Urban Development (HUD) approved the FY 2018-2019 HOME grant award on October 3, 2018, and the grant agreement was fully executed on October 10, 2018 by the County Manager. The new OC Local Rent Supplement Program (OC-LRSP) in many aspects mirrors the federally-funded Housing Choice Voucher (HCV) Program. However, it is also designed to allow for flexibility in meeting local identified housing needs. Attachment 1 provides a full program overview and the proposed guidelines of the new OC-LRSP. In addition, a draft implementation timeline and a copy of HUD’s FY 2019 Fair Market Rents (FMRs) are also included as Attachments 2 and 3, respectively. The listed rents serve as the payment standards for the rental subsidies offered under the new program. It should be noted that there has been an increase in the FMRs in FY 2019 as opposed to those originally cited for FY 2018. OCLRSP is able to handle the increase in rents due to the leveraging of the HOME funds. 21 However, the increased amount of HOME funds for rent subsidies will decrease the availability of funds for security deposits and utility connections. Nevertheless, monies from the Risk Mitigation and Housing Displacement Fund could be allocated to also cover the increase, but these are usually one-time payments. Implementation of the new OC-LRSP is proposed to begin in mid-January 2019 with an announcement of the new program and a briefing for applicable service providers. The application period is anticipated to begin February 1, 2019. However, this date may be delayed for 10-15 days due to the integration of new software in order to handle the required new Waiting List. Approval is being sought to enter into an agreement with the Orange County Housing Authority. This is due in part to HUD’s review of the overall agency and best practices in the public housing industry. HUD requires an agreement between the parties if Housing Authority staff will be used to conduct any part of the work. Most other communities (District of Columbia, Hawaii, Massachusetts, Toronto, etc.) in the US and Canada who have or considered having a local or state voucher program utilize a Housing Authority to administer the program. Sherrill Hampton provided a sheet of answers to questions she received from Commissioner Greene’s, the content of which she reviewed below: RESPONSES TO COMMISSIONER GREENE’S QUESTIONS AND OTHER POINTS OF CLARIFICATION Question 1: What would a “sponsor-based” rental assistance program be? A Sponsored-based rental assistance component allows even greater flexibility and could be used in two (2) different ways in conjunction with the Bond Program and/or HOME Program where (1) a nonprofit or for-profit entity is developing new housing units or acquiring and rehabilitating units. The vouchers are portable and would allow use at the new and/or acquired sites, as well as at other sites owned by the participating non-profit and/or for-profit entities. Under the (2) strategy, the Sponsor-based vouchers could be awarded to entities that agree to provide supportive services to applicable tenants housed in their affordable units. Note that this category of rental assistance will be employed in the future if the new program receives a substantial investment to allow for its implementation. Staff included it in the initial guidelines in case non-County funding is received in the near future that would allow for its implementation. The category being recommended for initial implementation is tenant-based as the funds appropriated only allow for approximately 15-20 vouchers. Question 2: Under the section on Funding Policies and Procedures, is there an error when describing the OCHA Board as OCHA Board of Commissioners? Yes that is an error. The section should read “The Orange County Board of County Commissioners (BOCC) will review and approve all policies, procedures and guidelines, as well as amendments, revisions or other changes for its new Local Rental Supplement Program. However, given the experience the Orange County Housing Authority (OCHA) has with running several federally-funded voucher programs, i.e. VASH and the Housing Choice Voucher (HCV) Program, the BOCC will enter into an agreement with OCHA to administer the Local Rent Supplement Program on behalf of the County. OCHA cannot implement any major policy changes without the review and approval of the Orange County Board of County Commissioners but may make minor changes to allow for best practices in the industry to be incorporated or other minor revisions to ensure a smooth implementation, i.e. application period, 22 forms of outreach, etc. In addition, the OCHA, from time-to-time, may make recommendations to the BOCC for other needed changes and/or revisions”. Page 2 – Responses to Commissioner Greene’s Questions Question 3: Under the section on Screening & Assessment, what are the assumptions about support services that these tenants will get? For the tenant-based and project-based categories, there are no assumptions about the provision of supportive services that a tenant may receive. Like the federally-funded Housing Choice Voucher Program, the provision of supportive services is not mandated. This only takes place with the Permanent Supportive Housing Voucher Program. That is why the statement is included in the guidelines that “the individual must not require a level of care that is not offered by the OC Local Rent Supplement Program”. Only the Sponsored-base Category allows for an option to award vouchers to entities seeking vouchers and also providing supportive services. Note that even in this case, the OC-LRSP still would not be providing funding for supportive services. Question 4: Where are the definitions for homelessness and victim of domestic violence? Is it included in the document? The definitions were not included in the document but staff used the definitions from the current HCV Administrative Plan as it relates to homelessness and victims of domestic violence. These definitions follow HUD policy regarding homelessness and domestic violence. See attached for excerpts from the Orange County Housing Authority’s Administrative Plan and Federal Register’s Wednesday, November 16, 2016 edition. Question 5: PHA was used a few times in the document. Shouldn’t that have been OCHA? Yes and no. Staff and HUD utilize “PHA” interchangeably when talking about housing authorities. Staff is certainly open to making the change, deleting PHA and inserting OCHA where appropriate. Question 6: Please explain the use of criminal background checks and sex offender checks and why it is based on HCV regulations. Is there any flexibility for local jurisdictions regarding criminal backgrounds, i.e. the Town of Chapel Hill and its Public Housing Program? Like the Town of Chapel Hill’s federally-funded Public Housing, the Housing Choice Voucher (HCV) Program, which is also federally-funded, must follow HUD rules regarding the use of criminal background and sex offender checks as it relates to awarding or denying assistance. So when it is mentioned that the County’s new Local Rent Supplement Program will be following the HCV Program Guidelines as it relates to criminal background and sex offender checks that is the relaxed policies that HUD requires. Question 6: Because the voucher program and the public housing program are so closely related, Commissioner Greene would like to be sure that there is as much consistency as possible between the two or she would like an explanation for why they can’t or shouldn’t be. In addition, the Commissioner would like for County staff to reconsider the strictness of the proposed policies as it relates to criminal back grounds, etc. 23 While the public housing and voucher programs have similar intent and are both funded by HUD, the regulations for the programs do differ. To name a few of the more important differences, see below: • In public housing, the Housing Authority owns the units and in the HCV Program, the units are owned by various private property owners. This difference allows HCV participants a “choice” in selection of the location of their home, as well as serves to mitigate concentrations of poverty. • In public housing, the Housing Authority does not have the ability to request a rent increase each year but instead must rely solely on federal funding to provide for its capital needs and unit subsidy. • With the HCV Program, there is no mechanism for having Resident Councils but public housing allows for the creation of resident councils at the various complexes. The bylaws of OCHA does allow for resident representation on the Board of Directors. In the case of the new Local Rent Supplement Program, the County has the opportunity to craft a program that provides for flexibility given specific needs found throughout all areas of the County, as Orange County has rural, urban and suburban characteristics. County staff has recommended that in several instances the new program mirror the current HCV Program policies to mitigate confusion among constituents and alleviate potential legal ramifications, as well as follow industry best practices. As it specifically relates to the criminal background checks and being less restrictive, note the following: • Staff proposes that the Orange County Local Rent Supplement Program “mirror” the criteria of the current HCV Program as it relates to criminal background checks, etc. The current HCV Program screening criteria is less stringent than the Town of Chapel Hill’s screening criteria, as I read in the materials forwarded by Commissioner Greene, unless additional changes have been made to Chapel Hill’s policy since it was adopted. The proposed LRSP policy, as well as the current HCV policy, allow the flexibility to review each applicant on a case-by-case basis whereas The Town of Chapel Hill has a more rigorous, set criminal screening criteria. • The chart below compares the proposed Orange County LRSP policy with the Town of Chapel Hill’s policy: Orange County Local Rent Supplement Program Town of Chapel Hill • Currently engaged in is defined as any use of illegal drugs during the previous six months. • The following chart summaries the exclusionary periods of ineligibility for admissions to the public housing program, based on criminal activities: Table 1: Chart summaries the exclusionary periods of ineligibility for admissions to the public housing program, based on criminal activities CRIMINAL ACTIVITY EXCLUSIONARY PERIOD Registered Sex Offenders LIFE Manufacturing Methamphetamine LIFE 24 Felony Drug Possession with intent to sell, manufacture or distribute, trafficking 10 YEARS Felony-Assault 7 YEARS Felony-Larceny 7 YEARS Burglary 7 YEARS Drug Possession 5-7 YEARS Felony- Fraud 3 YEARS Misdemeanor- Larceny (shoplifting) 2 YEARS Misdemeanor-Assault 1 YEAR Trespassing 1 YEAR Sherrill Hampton referred to page 2 of the table, and said there was a question about bedroom size. She said staff has a limited budget, and is seeking to stay within the allocated funds. She said staff looked at the most requested unit sizes, and the way staff would address this question is highlighted in yellow on the table. She said the need is so great, and staff wants to manage expectations. She said if one is not meeting the bedroom size by one’s household size, then one’s application will not be considered at this time. Sherrill Hampton referred to funding policies on page 3, noting some changes. She said Commissioner Greene pointed out a discrepancy, which has been corrected and is contained under question 2 in the response to Commissioner Greene’s question. She said if the Board approves this tonight, the Housing Authority will administer the local rent supplement program and can only make very minor changes as relates to implementation; any major change will require coming back before the Board for approval. Sherrill Hampton said there was concern that the guidelines very clearly talk about displacement due to the closure of manufactured home parks, as well as other urgent community needs. She said this is addressed in item 6. Sherrill Hampton said there was a question regarding why staff was not targeting veterans. She said there is a voucher program that is solely for veterans, and if a veteran is homeless they have a preference. She said staff tried not to pile on too many preferences, in order to use the number of vouchers available to make a dent in the need. She said due to the availability of federal programming and resources at the VA, staff did not give veterans a preference at this time. Sherrill Hampton referred to page 4 and outreach and marketing, noting that the Board requested that staff contact social service agencies and other providers within the 10 mile radius of where the County voucher can be used. She said staff plans to do this, and has included in the plan. Sherrill Hampton referred to the top of page 7, which discusses persons displaced due to an urgent community need, and how they will be addressed. She said this is referring to the manufactured home park closures. She said these persons will be referred to her office by EmPowerment, which has the contract for relocation coordination services. Sherrill Hampton referred to the top of page 8, which further addresses inclusion for urgent community needs. She said the responses that she provided to Commissioner Greene’s questions explained that the local rent supplement program will mirror the current policies, under the Housing Authority’s voucher program, as it relates to criminal background checks. She said staff looked at the admissions policy from the housing authority in Chapel Hill, which is public housing and differs from the County’s program. She said her office will review on a case- by-case basis, and therefore, does not have a rigid set determination. She said her office’s policy was reviewed and approved by HUD, and meets with HUD requirements and most recent notice of granting some leeway around criminal background checks. 25 Commissioner Greene said her concern is how to deal with ex-offenders when they make an application, and she suggested having a joint conversation with the Chapel Hill Housing Authority to promote more flexibility. She said it would be worthwhile to have a thoughtful review of the County and the Town’s two policies. She said in Chapel Hill, if one has an arrest that is dismissed, it does not affect an application in any way. She said it appears, however, that this is not the same for the County policy. Commissioner Greene petitioned the Manager to come up with a process and who to include in this discussion. Chair Rich said she has found that the County is not consistent with the towns on several issues regarding housing. Bonnie Hammersley said County staff meets monthly with the Towns of Chapel Hill, Hillsborough and Carrboro’s Housing Directors and Managers. She said are all aware of this local program, and there was interest at one time on the part of the Town of Chapel Hill but there has been a changeover in management. She said staff will continue this conversation. Commissioner Greene said this particular conversation may only need to include Chapel Hill, and it would be helpful to have a thorough and thoughtful review of this one policy, with the involvement elected officials. Commissioner Dorosin said this is exciting and echoed Commissioner Greene’s comments. He said he would like to come up with another name or acronym for this program, as OCLRSP is cumbersome. He suggested OCRA: Orange County Rental Assistance, or something else that is catchy, and easy to market and remember. Other Commissioners noted that there is already a program with the acronym OCRA (Orange County Rural Assistance). Commissioner Dorosin said the point remains, and this program must be promoted. He said it is a great program. Commissioner Greene commended all of the hard work that had gone into this program and policy: A motion was made by Commissioner Dorosin, seconded by Commissioner Price for the Board to adopt and authorize the Chair to sign a resolution: 1) Approving the proposed guidelines for the OC Local Rent Supplement Program; and 2) Authorizing the County Manager to execute the necessary agreement with the Orange County Housing Authority after consultation with the County Attorney. VOTE: UNANIMOUS b. County Commissioners: Boards and Commissions Assignments The Board considered selecting the Boards and Commissions on which Board members would like to serve going into 2019. Chair Rich said the Board changed this process last year: the intragovernmental boards would be 2 one-year terms; and the regional boards would be 4 one-year terms. She said there are a few other snags that should be reviewed at a later date, but tonight the Commissioners will just choose boards. She said the reasoning behind the duration of service on the various boards is due to some boards have large learning curves, and it makes sense to serve longer than just one year. She said the process starts with the most senior commissioner choosing first. Commissioner Bedford said she would like to know the responsibilities and expectations of some of these boards. 26 Chair Rich said the Commissioners are liaisons to these boards, and the first responsibility it to attend the meetings of these boards. She said if one cannot attend, one should inform the Clerk who would see if anyone else can attend. Chair Rich said sometimes members give updates during Commissioner comments at BOCC meetings, or by email if the update is particularly long in nature. Chair Rich asked if John Roberts would clarify the importance of not having more than three Board of County Commissioners members at a meeting. John Roberts said if four BOCC members attend, it is considered an official BOCC meeting as that number constitutes a quorum, and it would violate open meeting and notice laws. Chair Rich said a Commissioner can attend a meeting to which said Commissioner is not a liaison, but to be careful to keep open meeting and notice laws in mind. She said it would be wise to notify the Clerk and the assigned Commissioner prior to attending. Process Governing the Selection Process of BOCC Boards/Commissions Assignments 1. Each Commissioner is to have one “save” (senior members to go first)--(choosing one board that they currently serve on and service as an officer is not an automatic exemption): • Appointments to regional boards are to be no more than 4 years. • Appointments to intra-county boards are to be no more than 2 years. The round robin process will continue as in the past below: 2. The junior member will then pick one board first in the first round and then least senior members of the Board will choose one board on which to serve (suggestion is to do this alphabetically - by last name) 3. In the second round, the senior member will pick first, and then the other senior members to the least senior member will pick 4. And then it is back to the junior member. BOARD NAME MEETING DATE BOCC MEMBER BOCC member Serving 2018 BOCC Member Serving 2019 STATUTORY ABC Board Monthly, Third Tues 8:30 AM-ABC offices in Hillsborough Commissioner Not Required (non-voting member) Commissioner Price Commissioner Price Board of Health Monthly, Fourth Wed 7:00 PM-at Health Dept in Hillsborough 1 Commissioner Required Commissioner Burroughs Commissioner McKee Board of Social Services Monthly, Third Monday- 4:00 PM at DSS offices in Hillsborough 2 appointees Commissioner not required but usually a Commissioner serves Commissioner McKee Commissioner Bedford Central Community Board (Orange, Person and Chatham Counties are now combined with Alamance and Caswell Counties) Quarterly 1 Commissioner or designee 1 Consumer/Family member 1 Citizen/ Stakeholder Commissioner Price Commissioner Bedford INTERGOVERNMENTAL and OTHER GROUPS WITH BOCC MEMBERS Burlington/Graham MPO 5x/year-(or more as Requires Commissioner McKee- Member- Commissioner 27 Transportation Advisory Committee needed) Tuesdays at 5pm in Burlington 1 Commissioner member 1 Alternate Commissioner Member Commissioner Burroughs - Alternate Bedford Alternate-Commissioner McKee Chatham Orange Joint Planning Task Force 3x/year- alternates between Orange County and Chatham County 2 Commissioners Commissioner Rich Commissioner Marcoplos Member- Commissioner Price Alternate- Chair Rich Chapel Hill/Carrboro Chamber of Commerce Monthly Third Thursdays at 8:30am at Chamber 1 BOCC member Commissioner McKee Commissioner McKee Community Home Trust BOD Monthly-2nd Thursdays at 6pm at CHT office 1 Commissioner Required Commissioner McKee Commissioner McKee Durham- Chapel Hill – Carrboro Metropolitan Planning Organization (MPO)- Transportation Advisory Committee (DCHC-MPO) Monthly- 2nd Monday at 9am in Durham 1 Commissioner 1 Commissioner Alternate Commissioner Price- Member Commissioner Marcoplos- Alternate Member- Commissioner Price Alternate: Chair Rich Durham- Orange-Chapel Hill Work Group Quarterly- at noon - rotates locations- Durham/ Chapel Hill/Orange County 2 BOCC Members Commissioner Jacobs Commissioner Rich Commissioner Marcoplos Commissioner Bedford Durham Tech Board of Trustees 6x/per year- usually 4th Tuesday of month at 4-6pm (locations move about) Plus there are committee meetings 2 Appointees– one Commissioner One resident- already appointed Commissioner Marcoplos- Member Commissioner Marcoplos Family Success Alliance Meets 6x per year-1- 3pm Alternates – northern and southern Orange County 2 Commissioners Commissioner Burroughs Commissioner Marcoplos Commissioner Price Commissioner Marcoplos Fire Chief’s Association of Orange County Bi-monthly – first Weds.-7pm Commissioner not required as member – but can attend as guest(s) Commissioner McKee Commissioner Dorosin Food Council Meets 1/x per Month ( usually the 1st Monday at 4:00) Alternates between Chapel Hill and Hillsborough 1 Commissioner Commissioner Rich Commissioner Greene Go Triangle Board of Trustees Monthly 3rd Wed-12pm in Durham 1 Commissioner Commissioner Marcoplos Commissioner Marcoplos Go Triangle Special Tax Board Meets every January (more often if needed) in Durham at GoT office 2 Commissioners required Commissioner Burroughs Commissioner Price Commissioner Price Chair Rich Go Triangle Community Advisory Committee- 6x per year ( assuming they will meet at Go T offices) 1 Board of County Commissioners’ Liaison Commissioner Price Commissioner Price Healthy Carolinians Meets quarterly (3rd Commissioner not Chair Dorosin Commissioner Dorosin 28 Thursdays at 8:30am) required –often same BOCC Member as on the Board of Health Orange County Local Government Affordable Housing Collaborative (the Collaborative) Quarterly 1 Commissioner Required Commissioner Marcoplos Commissioner Dorosin Intergovernmental Parks Work Group Meets 3 times per year at 5:30pm-on Wed. at SHSC 1 Commissioner Member 1 Alternate Commissioner Chair Dorosin –Member Commissioner McKee - Alternate Member- Commissioner McKee Alternate- Commissioner Bedford Joint Public Safety Training Facility Work Group Meets as needed at ES 2 Commissioners Chair Dorosin Commissioner Price Commissioner Dorosin Jordan Lake One Water Association- Elected Officials Meets the third Wednesday of every other month from 9:00 AM to 11:00 AM at TJCOG 1 Commissioner Commissioner Jacobs Commissioner Marcoplos Justice Advisory Council Quarterly (Friday afternoons-3:30pm) in Hillsborough 2 Commissioners Commissioner Jacobs Chair Dorosin Commissioner Dorosin Commissioner Greene JCPC (Orange County Juvenile Crime Prevention Council) Meets 6-7x per year (every other month) Fridays at noon 1 Commissioner Commissioner Burroughs Chair Rich LIWG ( Legislative Issues Work Group) Meets as needed 2 Commissioners Term - one year Commissioner Rich Chair Dorosin Commissioner Dorosin Commissioner Price NACo Voting Delegate 1 Commissioner Required Commissioner Price Commissioner Price (12/2/18) NCACC Voting Delegate 1 Commissioner Required May have alternate Commissioner Price Commissioner Dorosin (12/3/2018) N/S BRT (North/South Bus Rapid Transit) policy committee As needed 1 Commissioner Commissioner Jacobs Commissioner Dorosin Orange County Partnership for Young Children Bi-monthly- Last Wednesday-at 8:30am-alternates – Chapel Hill/Hillsborough 1 Commissioner Commissioner Burroughs Commissioner Bedford Partnership to End Homelessness Monthly- 1 Commissioner Commissioner Burroughs Commissioner Greene Schools Joint Action Committee TBD 1 Commissioner Commissioner Rich Commissioner Rich (just appointed in 11/18 – group hasn’t met yet) Small Business Loan Program Meets monthly as needed to vet applications received (usually 7:30am on Fridays in Hillsborough) 1 Commissioner Commissioner Jacobs Commissioner Bedford 29 Solid Waste Advisory Group (SWAG) Meets as needed 2 Commissioners Commissioner Jacobs Commissioner Marcoplos Chair Rich Commissioner Marcoplos Strategic Communications Work Group Meets as needed 2 Commissioners Commissioners (internal) Community Relations Director Commissioner Rich Commissioner Marcoplos Commissioner McKee Commissioner Price Triangle Area Rural Planning Organization (TARPO) Transportation Advisory Committee Bi-monthly- meetings at 12pm, alternates counties – Lee and Chatham 1 Commissioner Member 1 Alternate Commissioner Commissioner Marcoplos – Member Commissioner Rich- Alternate Member- Commissioner Greene Alternate- Commissioner Marcoplos TJCOG Meet 1x per month- Last Wednesday 6pm 1 Commissioner 1 Alternate Commissioner McKee – Member Commissioner Rich- Alternate Member- Commissioner Greene Alternate – Chair Rich Upper Neuse River Basin Association Bi- monthly at 9:30am-12:00pm (meets in Butner) One Director Position Two Alternate Positions Commissioner McKee- Member Alternate- Commissioner Price as of 3/8/18 Member- Commissioner Greene Alternate – Chair Rich Workforce Development Board – Regional Partnership Meets monthly in various counties- Does not require a Commissioner-usually has been 1 Non- Voting Liaison Nancy Coston Nany Coston Visitor’s Bureau 8:00 am third Wed., monthly, no meeting in July/December 1 Commissioner Required Commissioner Rich Chair Rich EX-OFFICIO Hillsborough/Orange County Chamber of Commerce- does not require a Commissioner Chair Serves NC DOT Quarterly Meetings Chair/Vice Chair School Collaboration Meetings Chair/Vice Chair A motion was made by Commissioner Dorosin, seconded by Commissioner Price to approve these appointments. VOTE: UNANIMOUS Commissioner Marcoplos referred to Chair Rich’s comments at the beginning of this item, and said this process can still be improved. He said last year the goal was to ensure that no Commissioner had a lifetime appointment to any committee, which was achieved by the changes made. He said the Board also acknowledged the need to serve for longer on some boards due to the learning curve; however, there was no formal process put in place to ensure this. He said he would like to discuss this at a future work session, and wants to know how the Board makes the most of its power by putting the right people in these very important positions, part of which is allowing the person to stay in the position for more than a year. Chair Rich said one can be on a board for two years and when it comes time to choose, it may be that no other Commissioners want the position. She said this begs the question of whether the original Commissioner should be able to remain on the board. She agreed there are details that need to be ironed out. 30 The Clerk said this process was approved previously, but there is merit in having further discussion. Commissioner Dorosin said the Board honored the process it established last year, and he would argue against any one Commissioner becoming “an expert” on a particular board/commission, or the notion that one Commissioner may be better suited to serving a particular board than another. 7. Reports NONE 8. Consent Agenda • Removal of Any Items from Consent Agenda Commissioner Greene: 8-d • Approval of Remaining Consent Agenda A motion was made by Commissioner Greene, seconded by Commissioner Bedford to approve the remaining items on the Consent Agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda 8-d Resolution of Approval – Adopt Best Management Practices for Roadsides and Utility Rights-of-Way that Benefit Pollinators and Native Plants in Orange County, NC The Board considered voting to approve a resolution to implement voluntary roadside and utility rights-of-way best management practices that will increase the visibility, enjoyment, and conservation of pollinators and native plants along the roadways and utility rights-of-way in Orange County and authorize the Chair to sign. Commissioner Greene read the item, and said this has been a discussion that has gone on for a long time. She invited Johnny Randall to come forward. Johnny Randall, Botanical Gardens, said he has had great interest in this topic for a long time, and Orange County is taking a leadership role in the right-of-ways (ROWs). He said he hopes this will be a model that the rest of the State can follow. Commissioner Price thanked Johnny Randall for sticking with this over the years. Commissioner Marcoplos asked if it is difficult to work with the utility companies on this. Johnny Randall said yes it is. He said the Department of Transportation (DOT) does the mowing, but the power lines are adjacent to the roadside. He said he looks forward to having more discussions with the utility companies to create a solution that is economical and mutually beneficial. Commissioner Marcoplos said a resident recently contacted him about the Duke Energy sprayers on the edge of her farm, expressing concern. Johnny Randall said the utility companies contract much of the work out, and the utility companies may not have as much control as suspected. Commissioner Price said one used to be able to contact utility companies and request that pesticides not be used on one’s private property, but this may no longer be true. Johnny Randall said he thinks this is still true, but the landowner would be responsible for controlling the woody vegetation that interferes with the utilities. A motion was made by Commissioner Greene, seconded by Commissioner McKee to approve a resolution to implement voluntary roadside and utility right-of-way best management 31 practices that will increase the visibility, enjoyment, and conservation of pollinators and native plants along the roadways and utility rights-of-way in Orange County and authorize the Chair to sign. VOTE: UNANIOUS a. Minutes – None b. Fiscal Year 2018-19 Budget Amendment #4 The Board approved budget and capital project ordinance amendments for fiscal year 2018-19 for the Health Department; Library Services; Orange County Public Transportation; County Capital Projects; Department of Environment, Agriculture, Parks and Recreation; Department of Social Services; and Emergency Services. c. Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A The Board approved a resolution, which is incorporated by reference, to the purchase of and acceptance by Orange County of an agricultural conservation easement for the Walker Farm, and approve Budget Amendment #4-A and authorized the Chair to sign. d. Resolution of Approval – Adopt Best Management Practices for Roadsides and Utility Rights-of-Way that Benefit Pollinators and Native Plants in Orange County, NC The Board approved a resolution, which is incorporated by reference, to implement voluntary roadside and utility rights-of-way best management practices that will increase the visibility, enjoyment, and conservation of pollinators and native plants along the roadways and utility rights-of-way in Orange County and authorized the Chair to sign. e. Schools Adequate Public Facilities Ordinance (SAPFO) – Approval of Membership and Capacity Numbers The Board approved November 15, 2018 membership and capacity numbers for both school districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in developing 10-year student membership projections and the 2019 SAPFO Technical Advisory Committee (SAPFOTAC) Report. f. Agreement with the State for Federal Assistance The Board approved an agreement with the State of North Carolina for assistance related to the recovery from the September 14-17, 2018 Hurricane Florence Incident and authorized the Chair to sign. g. Designation of Orange County Agent for FEMA Public Assistance The Board designated an agent for Orange County’s application for FEMA’s Public Assistance for the recovery related to Hurricane Florence, September 14-17, 2018 and authorized the Chair to sign. h. Service Renewal with Spectrum for Connecting County Buildings with Network Services and Dedicated Internet Access The Board approved a Service Renewal between Orange County and Charter Communications Operating, LLC for network services and upgrade of Dedicated Internet Access (DIA) from 200Mbs to 500Mbps and authorized the Manager to sign. 9. County Manager’s Report Bonnie Hammersley noted the information items on the agenda, particularly the Memorandum on Unified Development Ordinance text amendment clarifying enforcement of Nutrient Standards. She said this has come to the BOCC in the past as an abstract, and the Board approved the Planning Board to proceed in this process. She said this is under information items simply to inform the Board that this is going forward as a text amendment, and not that it has been completed. 32 Bonnie Hammersley introduced Orange County’s new Child Support Director Erica Bryant. 10. County Attorney’s Report John Roberts said in addition to the well-reported bills that the General Assembly (GA) passed (elections and voter ID) the legislature also revisited some statutory requirements and technical aspects in a technical corrections bill. He said this impacts local governments as the GA eliminated the requirement for cable/telecom services to provide evidence and maps of how many households they skip over in their service areas. He said the Republican legislator who pushed that indicated that in the upcoming long session they will put forward a bill that will replace that and be better than what was being used. He said they clarified that local governments cannot require new or increased stormwater controls for preexisting developments, and that that has to go in stormwater ordinances, and they further restricted town’s ability to impose fees for the review of small cell applications. Commissioner Dorosin asked if the Governor has signed the technical corrections bill yet. John Roberts said no, it has been ratified by both houses, but is waiting for the Governor’s signature. Chair Rich asked if Commissioner Dorosin thinks the Governor will not sign it. Commissioner Dorosin said there is some controversial stuff in there about municipal charter schools and the innovative school district. 11. *Appointments Commission for the Environment – Appointments The Board considered making re-appointments to the Commission for the Environment. A motion was made by Commissioner Dorosin, seconded by Commissioner Marcoplos to appoint the following to the Commission for the Environment: • Position 12 James Eichel to an At-Large Engineering for a First Full Term ending 12/31/2021 • Position 13 Matt Crook to an At-Large Position for a First Full Term ending 12/31/2021 • Position 14 Lynne Gronback to an At-Large position for a Second Full Term ending 12/31/2021 • Position 15 Bradley Saul to an At-Large Position for a First Full Term ending 12/31/2021 VOTE: UNANIMOUS 12. Information Items • December 3, 2018 BOCC Meeting Follow-up Actions List • Memorandum - Unified Development Ordinance (UDO) Text Amendments Clarifying Enforcement of Nutrient Standards • Memorandum - Water Resources Information Item • Memorandum - County Revenue Manual • Memorandum - County Government Academy for Orange County Residents 13. Closed Session 33 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to go into closed session at 9:50 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). “To discuss matters related to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations,” NCGS § 143- 318.11(a)(4). VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner McKee, seconded by Commissioner Greene to go back into regular session at 10:35 p.m. VOTE: UNANIMOUS 14. Adjournment A motion was made by Commissioner McKee, seconded by Commissioner Greene to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS Penny Rich, Chair Donna Baker Clerk to the Board