HomeMy WebLinkAboutAgenda - 03-19-2019 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 19, 2019
Action Agenda
Item No. 8-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board has
the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
March 7, 2019 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented
or as amended.
1
1 Attachment 1
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 March 7, 2019
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Thursday, March 7,
10 2019 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners
13 Jamezetta Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee
14 Price
15 COUNTY COMMISSIONERS ABSENT:
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: Deputy County Manager Travis Myren and Clerk to the Board
18 Donna Baker (All other staff members will be identified appropriately below)
19
20 Chair Rich called the meeting to order at 7:02 p.m.
21
22 1. Additions or Changes to the Agenda
23 Chair Rich said the Planning Commission asked if Item 11 c could be deferred. She
24 noted the following items at the Commissioners' places:
25 - PowerPoint for Items 4b and 5a
26 Commissioner Price requested to move Item 8-f up to Item 4-a.
27 The Board agreed by consensus.
28
29 PUBLIC CHARGE
30 Chair Rich acknowledged the public charge.
31
32 Arts Moment
33 Orange County Arts Commission (OCAC) Advisory Board Member Chris Kubica
34 introduced Steven Petrow:
35
36 Steven Petrow is an award-winning journalist and book author who is best known for his
37 Washington Post and New York Times essays on civility and manners, aging and cancer. He
38 was recently named as an opinion columnist for the USA TODAY Network. His work has been
39 published in TIME, The Atlantic, Salon, the Daily Beast, the Los Angeles Times and The
40 Advocate. You're likely to hear Petrow when you turn on NPR's "All Things Considered
41 Weekend," or one of your favorite (or least favorite) TV networks (MSNBC, PBS, CBS, Fox and
42 CNN). Petrow is the recipient of numerous awards and grants, including those from the National
43 Endowment for the Humanities, the Smithsonian Institution, the Ucross Foundation, the Virginia
44 Center for the Creative Arts and the National Press Foundation. In 2017, he became the named
45 sponsor of the Petrow LGBTQ Fellowship at the VCCA, a prize that is awarded annually.
46 Petrow, with three degrees from Duke University and the University of California, Berkeley, lives
47 in Hillsborough, N.C.
48
49 He read "Three Ways to Practice Civility," a condensed version of a TED talk that he gave
50 in New York in January 2019.
2
1
2
3 2. Public Comments
4
5
6 a. Matters not on the Printed Agenda
7 Craig Carter said he received many calls after the joint meeting of the Board of
8 County Commissioners (BOCC) and Fire Departments. He said he wears gloves as he
9 has a nerve disease, and does not feel his hands and feet. He said he thinks that the 911
10 system is the problem, and does not always relay the information to the proper authorities.
11 He said he talked with Keith Nelson about flooding in the Eno River, which is where he
12 learned that Alamance County would be called in the case of emergency swift water. He
13 said this seemed strange, and he called the Eno Fire Department who told him they had a
14 rubber boat and a paddle. He referred to the possibility of a training facility, and said he
15 would like to see this run through Orange County resources and stakeholders, not Durham
16 Tech. He said Duke owns 7000 acres, and does not pay taxes or fire taxes. He said the
17 State Parks own 4200 acres and also pays no taxes. He said more resources are needed
18 in the northern part of the County.
19 Nick Jimonoz said he is from the Southern Environmental Law Center, and has
20 comments about the light rail project (LRT). He said the LRT has suffered setbacks since
21 Duke has decided not to support it, but this is just setback and this project has been in the
22 works for 20 years, and there is a lot of support throughout the triangle. He said none of
23 that support goes away just because of another obstacle, and he asked the Board of
24 County Commissioners (BOCC) to continue to support the light rail project.
25
26 b. Matters on the Printed Agenda
27 (These matters will be considered when the Board addresses that item on the
28 agenda below.)
29
30 3. Announcements, Petitions and Comments by Board Members
31 Commissioner Marcoplos said he attended the GoTriangle cost sharing meeting,
32 which was required to occur due to a substantive change taking place. He said this
33 meeting occurred on Monday, and the BOCC has since received the numbers that were
34 shared. He said costs have increased by $237million, with the FTA requiring $60.4 million
35 in additional contingency, based partly on costs of projects around the country; a $47.8
36 million inflation adjustment; and more contractor overhead with the monies available for the
37 project being in line with what is going on around the country. He said the Board already
38 passed a resolution that it would not spend anymore than $149.5 million as the base cost,
39 plus the financing costs. He said the FTA has given their ok to some Transportation
40 Infrastructure Finance and Innovation Act (TIFIA) loans that can be procured at a lower
41 interest rate, which could generate overall savings for the project.
42 Commissioner Marcoplos said this was a hectic meeting, during which a letter was
43 being composed to Duke asking them to enter into a mediation process, which Duke has
44 indicated it is unwilling to do. He said there will be a work session with Go Triangle Board
45 on Tuesday March 12 at noon.
46 Commissioner McKee apologized to the Board of County Commissioners for an
47 email, which he sent the Board earlier this week. He said he stands by the points he made
48 in the email, but his tone was accusatory and personal, for which he apologized.
49 Commissioner McKee said the GoTriangle presentation will occur at the BOCC
50 work session on the 121", and he petitioned to allow public comment that evening.
3
1 Commissioner Price attended the National Association of Counties (NACo)
2 legislative conference, and there is a new app, to collect data on upload and download
3 speeds, called testit. She said there is a big push to get broadband nationwide.
4 Commissioner Price said the Community and Economic and Workforce
5 Development steering committee continues to push for increases to funding to CDBG and
6 HOME
7 Commissioner Price said the NACo Justice and Public Safety steering committee
8 passed a resolution to support bail reform, and she was able to share what Orange County
9 is doing in this area.
10 Commissioner Price said the Board received an email about Government IDs being
11 used for voter ID, and she asked if the Attorney had an update.
12 John Roberts said this did not require Board approval, and is being taken care of
13 administratively.
14 Commissioner Price said it is important for the County to help people vote in any
15 way it can.
16 Commissioner Price said she was requested to ask for a proclamation to commend
17 the National Association for the Advancement of Colored People (NAACP) on its 110t"
18 anniversary, as well as its anti-lynching efforts.
19 Commissioner Greene said she will be attending a Climate Reality Core Conference
20 in Atlanta next week.
21 Commissioner Bedford said Go Heels!
22 Commissioner Dorosin said there is a petition to recall several members of the
23 Chapel Hill-Carrboro City Schools' (CHCCS) school board, and the CHCCS Chair,
24 Margaret Samuels, has already resigned. He said the other two officials' terms are up in
25 November, and he sees no reason for the community be put through a recall with the
26 election around the corner. He said this is a poor use of resources: $84-130,000 for a
27 recall election. He said he loves democracy, but this is an unfortunate way to go. He said
28 he hoped their colleagues on the school board do not appoint people to fill empty seats, but
29 rather wait until the election.
30 Chair Rich said she agreed with Commissioner Dorosin, and thanked CHCCS Chair
31 Samuels for the wonderful job she has done for Orange County.
32 Chair Rich said the bill that Commissioner Dorosin spoke about was written in 1994,
33 allowing anyone on the school board to be recalled for any reason. She said this bill should
34 be revisited, as it is no longer applicable in this day and time. She said she spoke to the
35 author of the bill over the weekend, and his intent in writing it was to make a recall difficult.
36 Chair Rich attended the NACo conference as well, and spent her time meeting with
37 individuals, as opposed to attending meetings. She said she too is frustrated with
38 broadband, and she did not like seeing members of the BOCC in the same room as
39 lobbyists. She said these should be separate meetings. She said the idea of competition
40 continues to be pushed, which does not help the general public.
41 Chair Rich asked if staff could provide more information about an area in Carrboro
42 at the end of Eubanks Road at Old 86. She said she received an email from a concerned
43 citizen, and there is a petition to change a parcel there from an R1 or R2 into a flex zone.
44 She would like to know what the flex zone means. She said this is a transitional area, and
45 the extra-territorial jurisdictions elect the BOCC members, but the BOCC members do not
46 create the zoning, which creates confusion. She asked if Carrboro could reiterate that it is
47 in charge of zoning in this area, not the BOCC.
48 Chair Rich said there was a Rogers Road/Greene tract meeting last week, and the
49 sewer project is coming along nicely. She said it is time to think about how to fund the
50 hook up of the homes, and this conversation will occur at an upcoming meeting.
4
1 Chair Rich said the Chatham — Orange Work Group met, and Jim Northup, Chief
2 Information Office, made a presentation on open broadband in Orange, which currently has
3 a circle in northern and southern Orange County. She said the southern circle overlaps
4 into Chatham County, and Jim Northrup is working with Chatham on this issue. She said
5 she remains concerned that Orange County is not paying attention to this corridor as
6 pertains to transportation. She said more and more people are moving into Chatham
7 County, and the traffic will be horrendous. She urged the Board to be forward thinking
8 about this issue, and petitioned the Board to start doing some planning.
9 Chair Rich said there are a few meetings next week: Go Triangle will attend the
10 Board of County Commissioners' work session on March 121"; another DOLR partners
11 meeting may be coming up, but no details yet; another work session on April 4t" and the
12 discussion of how to move forward on the joint meetings with the Towns.
13 Commissioner Dorosin referred to the Carrboro item that Chair Rich mentioned, and
14 asked if the Town owns the property in question.
15 Chair Rich said no, it is owned by a private landowner, and she would like to know
16 more about the "flex zone".
17 Commissioner Dorosin said it is important to talk with the Town of Carrboro as well,
18 especially in the spirit of One Orange.
19 Chair Rich said she met with Annette Moore, Human Rights and Relations Director,
20 about the One Orange theme, which will be brought back on April 4t"
21 Commissioner Price referred to the Rogers Road hook ups, and said it is important
22 for Chapel Hill to be working on this issue, in addition to the County.
23 Chair Rich said there will be getting an agenda item that will lay out all the costs,
24 including information from Chapel Hill and Carrboro.
25 Commissioner Price said Chapel Hill took that area in as an ETJ, which makes it
26 eligible for CBDG grants to help with the hook ups.
27
28 4. Proclamations/ Resolutions/ Special Presentations
29
30 a. Efland-Buckhorn-Mebane Access Management Plan Adoption
31 The Board considered adopting the 2019 Efland-Buckhorn-Mebane Access
32 Management Plan.
33 Commissioner Price said she pulled this item off the consent agenda as the public
34 hearing has closed and residents cannot speak. She said many residents are here tonight,
35 and she asked if a decision on this could be delayed. She said there are two historic
36 churches and some cemeteries in this area, and even though there were community
37 meetings, there is still a great deal of confusion and the community needed time to fully
38 understand and be prepared to speak to the issue. She said the community was not ready
39 at the BOCC public hearing, but would like to work with staff to help everyone understand
40 the impacts to their neighborhood. She said it is her understanding that this is not an
41 urgent matter, and a delay should be possible.
42 Craig Benedict, Planning Director, said the only urgency is that this date was set for
43 a decision. He said there is an existing 2011 access management plan, and this is an
44 update to that. He said a delay may start the process all over again. He said 1000 notices
45 were sent out, and he would have to work with the Attorney's office. He said the specific
46 concern is Buckhorn Road, and a traffic separation study that was brought forward by
47 Mebane to find a way to go over the railroad. He said this is not within the 10-year state
48 transportation improvement program, but rather is an independent study. He said if the
49 study of this overpass proceeds, Orange County has already recommended to the railroad
50 the best alignment that would not affect the church.
5
1 Commissioner Price said at this point it is hard to tell what the community members
2 are seeing as detrimental, but the community thinks that the plan will have two of the
3 routes go through family cemeteries.
4 Craig Benedict said nothing is imminent, and this plan goes from Efland to Mebane.
5 He said the Board could approve the access management plan and work with the
6 community to provide all information, bring Mebane into the picture, and if the community is
7 not happy staff can pull sections out of it.
8 Commissioner Price asked if staff could speak to the community prior to the Board
9 voting.
10 Craig Benedict said he can always talk to the community.
11 Commissioner Dorosin said the Board could delay it briefly, or alternatively, the
12 Board could approve it and add an addendum letter that lays out the community's
13 concerns.
14 Commissioner Greene asked if the public hearing could just be reopened.
15 Nishith Trivedi, Transportation Planner, said there is an appendix to the report that
16 includes the information from the community meeting and letters and responses with the
17 public.
18
19 PUBLIC COMMENT:
20 Reverend Norman Umstead said the community is here tonight because of the
21 recommendations presented at the February 51" meeting. He said there are two historic
22 black churches on Buckhorn Road, and they would like for their community to stay intact.
23 He said all three proposed options run through 3 cemeteries. He said over 141 years of
24 ancestors are buried in these cemeteries, and a flyover will not help when the concrete and
25 steel will be sitting in the middle of the cemetery. He said noting that the plan is not yet
26 definite does not provide much comfort to the community.
27 Chair Rich asked if John Roberts would lay out some options.
28 John Roberts said there are two options: approve the plan and anyone who has
29 concerns to send them in writing, which can be appended to the plan; or restart the
30 community process of public hearing, etc. He said the latter option is a long process.
31 Commissioner Greene asked if there is a reason the process takes so long.
32 Nishith Trivedi said the process takes so long is because staff sends out 1000
33 letters to community members; hosts community meetings; goes back through advisory
34 boards such as planning and OUTBoard; and schedules another public hearing in front of
35 the BOCC.
36 Chair Rich asked if the County must go through the whole process again, or could a
37 public hearing just be opened this evening or at another time.
38 John Roberts said the public hearing could not be opened tonight, and he will look
39 into whether one can be opened at all.
40 Commissioner Marcoplos clarified that there will be a time in the process, moving
41 forward, for the community to address its concerns. He asked if this would be as thorough
42 a process as a public hearing.
43 Craig Benedict said an access management plan is a rudimentary one that begins
44 other processes, and there is nothing within it that is set in stone. He said it is ideas, and if
45 those ideas are infeasible then the alignments will be analyzed. He said addendums can
46 be added to the plan, so that all comments are included, and distributed to all relevant
47 partners. He said opening a public hearing requires for everyone to receive notice.
48 Commissioner Marcoplos asked if this process could be completed in the next week
49 or two and if acceptable to the community, things could move on, and if not, the Board
50 could make another decision at that time.
6
1 Craig Benedict said he can meet with the community in the next few weeks.
2 Commissioner Dorosin said this item came before the Board a few weeks ago, and
3 the Planning Department had not flagged that these flyovers could potentially adversely
4 affect these churches and cemeteries. He said if the Board had heard this information at
5 the public hearing, it could have had this conversation at that time. He asked if staff had
6 known about these concerns.
7 Craig Benedict said the access management plan had three options, and staff
8 recommended the option that would have the least impact on the community. He said that
9 recommendation did not mean that staff endorsed that option, and he mentioned the
10 communities' concerns during the public hearing. He said he can meet with the
11 community, document all concerns, and attach them to the report so they are preserved
12 moving forward.
13 Commissioner Dorosin said going forward it would be helpful for staff to highlight
14 these community-affecting areas when they come up.
15 Commissioner Greene said another community meeting with staff present would be
16 a good idea.
17 Craig Benedict said such a meeting could happen at the church.
18 Commissioner Price said she is in favor of the community meeting, but she is
19 concerned about adopting a plan with addendums as the plan still has a road that will go
20 through this community. She said she would rather have the community and staff sit down
21 together and work out the issues.
22 Commissioner Marcoplos said he was suggesting that all meet, and if the
23 community is not on board after the meeting come back and take a different path.
24 Commissioner McKee said he is not sure if this can be done in two weeks.
25 Commissioner McKee said he, like Commissioner Dorosin, missed the information
26 about the cemeteries during this discussion in the past. He said this would be a serious
27 concern for any church community, and he finds a delay on this vote to be appropriate.
28
29 PUBLIC COMMENT:
30 Reverend Umstead said there will be a community meeting on March 12t" at 6:30
31 p.m. at Mt. Moriah Church, and Craig Benedict can come and share the impacts of this
32 plan on their community.
33 Craig Benedict said the best option is to remove this element from the plan, have
34 the community meeting and if there is any value of bringing back later, staff can do so with
35 the concurrence of the community.
36 Nishith Trivedi said staff worked with Mebane on this plan, and provided the traffic
37 separation study along with its vision for the area.
38 Commissioner Price asked if the portion of the plan is eliminated, does it go from
39 the roundabout up to 70.
40 Craig Benedict said all that will remain will be the intersection of industrial drive and
41 Buckhorn, and if a road ever were to go out towards the rail area, it would go through this
42 intersection point.
43 Commissioner Price said if there is an intersection, there are roads going to it.
44 Craig Benedict said it would not be a roundabout, but rather an intersection point.
45 He said there would be no other alignment points or lines. He said if a developer would
46 come forward, it would have to dedicate additional right of way to accommodate the
47 expected growth in the area.
48 Commissioner Price asked if this would come close to the cemeteries.
49 Craig Benedict said the cemeteries are not between the church and the right of
50 way.
7
1 Chair Rich said she is hearing that the Board will not vote on this tonight, staff will
2 hold a community meeting, and possibly return with a future agenda item that will remove
3 Buckhorn Road from this.
4 Craig Benedict said staff can remove Buckhorn Road from the vote tonight, have a
5 community meeting, and come back to the Board when the community is satisfied for it to
6 do so.
7 Commissioner Dorosin asked if Buckhorn Road can be put back in to the plan at a
8 later point.
9 Craig Benedict said yes, it can be put back in.
10 Commissioner Price said she would like to see exactly what is coming off, and delay
11 the vote until next regular meeting.
12
13 A motion was made by Commissioner Price, seconded by Commissioner McKee to
14 delay the vote on this item, direct staff to hold a community meeting and then bring this
15 item back with the maps back with the maps at either the last regular BOCC meeting in
16 March (19t") or first BOCC regular meeting in April (2"d)
17
18 VOTE: UNANIMOUS
19
20 Chair Rich reiterated Commissioner Dorosin's point for staff to highlight any
21 information that greatly affects a community moving forward.
22
23 b. Women's History Month Proclamation
24 The Board considered officially recognizing March 2019 as Women's History Month
25 in Orange County.
26 Annette Moore, Human Rights and Relations Director, presented this item:
27
28 BACKGROUND: Celebration of Women's History Month had its roots in the socialist and
29 labor movements in New York City. The first "Women's Day" took place on February 28,
30 1909. The day honored the one year anniversary of the garment worker's strikes that had
31 taken place in New York, where thousands of women marched for economic rights. That
32 strike followed another strike that occurred in 1857 when garment workers marched for
33 equal rights and 10-hour work days. Within two years the event grew into an international
34 event. In 1975, the United Nations officially began International Women's Day; which will
35 be celebrated on March 8t" this year.
36
37 At the inception of Women's History Month, feminists in the United States saw the
38 designation of the month as a way to celebrate a history that had largely overlooked the
39 contributions of women in America. Women's History Month has its origins as a national
40 celebration in 1981 when Congress authorized and requested President Jimmy Carter
41 proclaim the week beginning March 7, 1982 as "Women's History Week." In 1987, the
42 Women's History Month Project petitioned congress to designate the month of March as
43 "Women's History Month." President Ronald Reagan was the first president to proclaim
44 March as Women's History Month.
45
46 Currently, local, state and federal governments annually proclaim March as "Women's
47 History Month." Each year the National Women's History Project declares a theme. The
48 2019 theme is "Visionary Women: Champions of Peace and Nonviolence."
49
8
1 Annette Moore said they have a program scheduled for March 31st with a nationally
2 known speaker, but the contract is not yet in place, so she will provide more information at
3 a later date. She highlighted the following information:
4
5 COMMISSION FOR WOMEN
6 1993 Women's History Month Project
7 FIRST WOMEN IN ORANGE COUNTY GOVERNMENT
Orange County Criminal
Court jury Edith Baker Giduz 1947
1st Women Elected Orange
County Official—Register of Betty June Hayes December 1945
Deeds
1st Women Orange County
Board of Elections Elaine Wallace 1968
1st Women Represent Orange
County in the General Patricia Stanford(Hunt Love) Appointed in 1970
Assembly Elected in 1972
1st Women Board of Election,
Supervisor(Director) Bobbie Strickland 1969
1st Women Orange County
Commissioner Flora(Flo) Garrett December 1972
1st Women Chair, Orange
County Board of Flora(Flo) Garrett December 1974— 1976
Commissioners
1st Women Orange County Joan Childers
Deputy Sheriff January 1979
1st Women Orange County
Deputy Sheriff(Woman of Cynthia Mebane October 1979
Color)
1st Women Board of Election
(Woman of Color) Lillian Lee 1977
1st Women District Court
Jude Patricia Stanford Hunt November 1981
1st Women Clerk of Court Jean Connerat Appointed October 1985
1st Women Clerk of Court ShirleyJames Elected 1986
1st Women District Court
Chief Jude Patricia Stanford Hunt November 1989
1st Women President of the
District Court Judge's Patricia Stanford Hunt 1992-93
Conference
8
9 FIRST WOMEN IN MUNICIPAL GOVERNMENT
10 CARRBORO
I sT Women Board of
Alderman Mary Riggsbee May 1979
9
1st Women Mayor Ruth West December 1975
1st Women in Law
Enforcement Phyllis Coates February 1981
1st Woman in Fire Department Doris Sanders December 1981
1
2 CHAPEL HILL
1ST Women Board of
Alderman (Town Council) Adelaide Walters 1957
Chapel Hill Public Recreation
Commission (Woman of Rebecca Clark Late 1950's
Color)
1st Women in Law
Enforcement Dene Eller 1974
1st Women Firefighter Caprice Mellar 1990
1st Women Town Council Barbara Powell Appointed November 1992
3
4 HILLSBOROUGH
1ST Women Planning Board Marilynriddle Aril 1975
1st Women Planning Board
(Women of Color) Josephine Holman Lon
1st Women in Law
Enforcement and Women of Judy Jacobs September 1978
Color
1st Women Town Council Rachel Stevens Early 1980's
5
6 FIRST WOMEN IN EDUCATION
7 CHAPEL HILL-CARRBORO PUBLIC SCHOOLS
8
1ST Women Board of
Education Mrs. W. D. Toy 1927-1929
1st Special Education Teacher
(and first Women of Color) Francis Hargraves 1956
1st Women High School
Principal May Marshbanks 1958-1970
1st Women Superintendent Pamela Mayer 1981-1985
9
10 ORANGE COUNTY PUBLIC SCHOOLS
1ST Women High School Virgil Warren 1927
Principal-Aycock High School
1st Women Board of
Education Emma Sue Loftin December 1972-l 980
1st Women Chair Board of
Education Kay singer 1988 - 1990
11
10
1 PRIVATE SCHOOLS
1 sT Women to Open a School
for Boys and Girls Mary W. Burke Estimated 1812
2
3 UNC-Chapel Hill
1st Women to Earn a Degree Sally Stockard 1898
1st Women—Law Degree Margaret Be (Street) LLB 1915
1st Women admitted to
Medical School (2 year Cora Corpening 1915
program)
1st Women graduate School of
Pharmacy Addie Lee Bradshaw (Pe am) 1922
1st Women Faculty-School of
Education Sallie B. Marks 1927
1st Women Faculty-Medical 1948
School Margaret Swanton, MD 1968-full professor
1 st Women Editor-Daily Tar
Heel Glenn Harden 1950
1st Women to earn Medical Sara Ann Lippard(Hoyte)
Degree-4 year Barbara Maynard Moore 1954
(Jordan)
1st Women Dental School Zyba Kathryn Massey 1954
Graduate
1st Women Law School Mary W. Oliver July 1955
Faculty
1st Women Physical Therapy
Degree Graduate ShirleyClonin er(Fisher) 1959
1st Women Pharmacy School 1961
Faculty Margaret Ann Shaw
1st Women and Women of
Color appointed to an
Administrative Level of Carolyn B. Jefferson 1969-1990
Clinical Nurse Coordinator in
UNC Hospitals
1st Women's Studies Program Mary Turner Lane 1977
Director
1st Women's Studies Program 1979
Graduate Sandra Jo Martin
1st Women Law School Dean Judith Wegner 1990
4
5 THE FIRST WOMEN IN CAREERS, HONORS AND OTHERS
1st Public Health Nurse 1924-1960
(Women of Color) Adelia Compton, R.N.
1st Orange County Women to
win Unites States Golf
11
Association's Women's Estelle Lawson Page 1937
Amateur Championship
1st Women Physician in chapel 1939
Hill in Private Practice Marina Henry
1st Women UNC Press 1992
Director Kate D. Torrey
1st Women Realtor and Partner
in Real Estate Company Sara D. Olsen 1954
1st Recognized Art Therapist 1956-1968
(using finger painting as Ruth Faison Shaw
therapy)
1st Women Licensed Attorney
to Open a Private Practice in Katherine Wright 1969
Orange County Karen L. Henderson
1st Women National
Democratic Committeewomen Martha McKay 1960
from Orange County
1st Women of Color to Open a
Law Office Emma Jean Levi November 1977
1st Women Licensed Building
Contractor—Cazwell Inc. Carol Ann Zinn 1978
1st Women Chiropractic
Practice Wanda A. Neville May 1979
1st Women Architect Office Lucy Carroll Davis 1983
1st Woman to Win Juanita
Bryant Citizenship Award for
the North Carolina Federation Francis Hargraves 1987
of Women's Clubs
1st Women in Orange County
to Win the Nobel Prize Gertrude Elion 1988
1st Women and 1st Women of
Color from Orange County to
serve as Deputy Arnetta McPherson
Commissioner of Insurance in
the North Carolina
Department of Insurance
1st Women NC Federation of
Home Demonstration Clubs Grace Holcomb 1935
Home Agent
1st Women NC Federation
Home Demonstration Club Mrs. E. C. Compton 1936
Orange County Club President
1st Women NC Home
Demonstration Club, State
12
President (Clubs desegregated Mildred"Billie" Walker 1966
under her leadership)
Renamed NC Extension
Homemaker's Association,
INC.
1st Women of Color Orange
County Planning Board Hazel Lunsford 1977
1
2
3 Annette Moore read the proclamation:
4
5 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
6 WOMEN'S HISTORY MONTH
7 PROCLAMATION
8
9 WHEREAS, women of every culture, class, and ethnic background have made historic
10 contributions to the growth and strength of our Nation in countless recorded and
11 unrecorded ways; and
12
13 WHEREAS, women have driven humanity toward a path of a more equal and just society,
14 contributing in innumerable ways to our Nations character and progress as a people; and
15
16 WHEREAS, in the face of discrimination and undue hardship, women have never given up
17 on the promise of America that with hard work and determination nothing is out of their
18 reach even though for so long women were formally excluded from full participation in our
19 society and democracy; and
20
21 WHEREAS, women not only led the movement to secure their own rights of suffrage and
22 equal opportunity, but also were leaders in the abolitionist movement, the emancipation
23 movement, the industrial labor movement, the civil rights movement, and especially the
24 peace movement, all movements to create a fairer, more inclusive and progressive society;
25 and
26
27 WHEREAS, because of the courage of so many bold women who dared to transcend
28 preconceived expectations and prove they were capable of doing all that a man could do
29 and more, advances were made, discoveries revealed, barriers were broken and progress
30 triumphed; and
31
32 WHEREAS, women have made great progress toward achieving gender equality but much
33 work needs to done while women still earn, on average, less for every dollar earned by a
34 man, are underrepresented in fields of science, technology, engineering and math, and
35 face wider opportunity gaps and structural barriers to achieving success;
36
37 NOW, THEREFORE, we, the Board of Commissioners of Orange County, North Carolina
38 do hereby proclaim March 2019 as "Women's History Month" and commend this
39 observance to Orange County residents and call upon Orange County residents to
40 celebrate International Women's Day on March 8, 2019, with appropriate programs,
41 celebrations and activities.
42
13
1 THIS THE 7rh DAY OF MARCH, 2019.
2
3 A motion was made by Commissioner Greene, seconded by Commissioner Price
4 for the Board to approve and authorize the Chair to sign the proclamation.
5
6 VOTE: UNANIMOUS
7
8 Commissioner Dorosin suggested having the list posted on the County website.
9
10 c. Update on Skip the Straw Month
11 The Board received an update on efforts related to "Skip the Straw Month."
12
13 BACKGROUND: In October 2018, based on a petition by Commissioner Penny Rich, the
14 BOCC proclaimed March 2019 as "Skip the Straw Month" to recognize and reduce the
15 environmental damage that single use plastic straws cause. Staff will provide an update
16 and progress report on staff and community engagement in follow-up to that proclamation.
17
18 Blair Pollock, Solid Waste Planner, made the following PowerPoint presentation:
19
20 SKIP THE STRAW
21 A CAMPAIGN TO REDUCE USE OF PLASTIC STRAWS IN ORANGE COUNTY
22
23 Background
24 • In October 2018, Orange County and the three Towns all proclaimed March 2019 to be
25 "Skip the Straw" Month (and October 2018 was declared `Reduce single use plastics
26 month, more generally).
27 • Solid Waste Staff, with others throughout the County, have organized activities and
28 events for "Skip the Straw" month
29
30 What's Planned
31 Two screenings of"Straws"- a film about the environmental impacts of single use plastic
32 straws on the oceans - by NC Filmmaker Linda Booker who will speak at both events.
33 Other speakers are Bonnie Monteleone, Founding Director of the Plastic Ocean Project
34 in Wilmington and Bryant Holsenbeck, Durham-based garbage artist and author of"The
35 Last Straw".
36 March 25 Varsity Theater &
37 March 26 Orange County Library
38
39 Recruiting local businesses to pledge to "Skip the Straw"
40 Soliciting residents to pledge to "Skip the Straw. Pledge form now available on line at
41 www.orangecountync.gov/skir)thestraw
42 • Collaborating with other County Departments and Towns, mostly through Stormwater
43 Management divisions/departments, other environmental interests and UNC, through
44 Green Games, to amplify the messages
45 • Advertisements and social media promotions of "Skip the Straw"
46
47 List of Businesses Pledging to "Skip the Straw"(as of 3/7)
48 411 West La Vita Dolce
49 Bonchon Lantern Restaurant
50 Burns Restaurant Linda's Bar and Grill
14
1 Caffe Driade Lula's
2 Carolina Coffee Shop Mediterranean Deli
3 Mellow Mushroom Carrboro Pizza Oven
4 Carrburitos Taqueria Midici
5 Cuban Revolution Express Open Eye Caf6
6 Dead Mule Club Perrenial
7 Four Corners Radius
8 Frutta Bowls Spotted Dog
9 Glasshalffull Squid's
10 Hops Burger Bar The Franklin Hotel
11 Italian Pizzeria 3 The Root Cellar
12 Kurama Sushi and Noodle Trolly Stop Hot Dogs
13 La Residence Tyler's Taproom
14
15 Poster advertising screenings & pledge site to "Skip the Straw'
16
17 The `Turtle Lot' downtown Chapel Hill with `straws' (artist's concept)
18
19 Commissioner Marcoplos said he read an article on micro plastics, and he petitioned to
20 take water samples of public bodies of water in Orange County to see if microplastics are
21 present.
22 Commissioner Price said Trader Joe's is going to be decreasing the amount of plastics it
23 uses.
24 Chair Rich said Laura Leslie gave up single use plastic for Lent, and she challenged the
25 County to give up the single use coffee makers.
26 Blair Pollock said there are reusable single use k-cups.
27 Commissioner Marcoplos read the proclamation from last year (part of agenda packet)
28
29 ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION
30 OCTOBER 2018— "REDUCE SINGLE USE PLASTICS MONTH"
31 & MARCH 2O19 — "SKIP THE STRAW MONTH"
32
33 WHEREAS, single-use plastics such as straws, cups, utensils, and take-out containers are not
34 recyclable and must be landfilled; and
35
36 WHEREAS, single-use plastic bags are recyclable but still cause harm in the environment; and
37
38 WHEREAS, single-use plastics remain in the environment indefinitely, harming wildlife,
39 impacting water quality, and diminishing the aesthetic character of the County's outdoor
40 environment; and
41
42 WHEREAS, plastics do not biodegrade in the environment, but instead break down into smaller
43 micro-plastics; and
44
45 WHEREAS, single-use plastic pollution presents a danger to public health by increasing the
46 pathogens and chemicals in animal tissue, waterways and lowering water quality, requiring
47 significant resources to address; and
48
49 WHEREAS, Orange County and the Towns therein wish to recognize National Skip the Straw
50 Month to encourage residents to give up single use plastic straws; and
15
1
2 WHEREAS, Orange County and the Towns therein wish to promote the reduction in the use of
3 ALL single-use plastics by residents and businesses by encouraging reuse and durable
4 alternatives, refusing single-use plastics when offered, and offering compostable or reusable
5 alternatives; and
6
7 WHEREAS, Orange County and the Towns therein are known for and committed to social and
8 technical innovation, environmental and waste reduction leadership;
9
10 NOW, THEREFORE, we, the Orange County Board of County Commissioners, do hereby
11 declare October 2018 as "Reduce Single Use Plastics Month" and declare March 2019 as "Skip
12 the Straw Month."
13
14 This the 161" Day of October 2018.
15
16
17 5. Public Hearings
18
19 a. Unified Development Ordinance (UDO) Text Amendments — Enforcement of
20 Nutrient Standards within the Jordan Lake Watershed
21 The Board considered holding a public hearing and receiving the Planning Board
22 recommendation for LIDO text amendments.
23 Michael Harvey, Current Planning and Zoning Supervisor, presented this item:
24
25 PURPOSE: To hold a public hearing, receive Planning Board recommendation, and take action
26 on a Planning Director initiated Unified Development Ordinance (UDO) text amendment.
27 Specifically the amendments eliminate existing nutrient regulations for parcels within the Cape
28 Fear River Basin consistent with a 2017 State law adopted by the legislature eliminating local
29 governments' ability to implement/enforce same to allow for additional study and evaluation.
30 The amendment package also seeks to update references to various State agencies and
31 regulations consistent with the aforementioned law.
32
33 BACKGROUND: Orange County currently regulates `water quantity' (i.e. how much water is
34 leaving a parcel) for non-agricultural land disturbing activities under the general oversight of the
35 North Carolina Department of Environmental Quality (DEQ) as part of its erosion and
36 sedimentation control program.
37
38 Enforcement of `water quality regulations' (i.e. reducing the amount of nutrients) is addressed
39 through the County's stormwater management program which reduces pollution (i.e. nitrogen
40 and phosphorus) within established river basins. This includes parcels located within the Cape
41 Fear River Basin (hereafter `the Basin'). Nutrient reduction strategies became effective at the
42 State level on August 11, 2009 and were incorporated into the UDO in 2012.
43
44 Please refer to Attachment 1 for a map denoting the location of river basins/watershed overlay
45 districts located within the county.
46
47 In 2017 the General Assembly chose to delay the implementation/enforcement of nutrient/water
48 quality regulations for parcels within the Basin to allow for additional study. As a result, local
49 governments lost the ability to implement/enforce same.
50
16
1 Analysis: As required under Section 2.8.5 of the LIDO, the Planning Director is required to: `...
2 cause an analysis to be made of the application and, based upon that analysis, prepare a
3 recommendation for consideration by the Planning Board and the Board of County
4 Commissioners'.
5
6 The amendments are necessary to bring the UDO into alignment with current DEQ regulatory
7 requirements related to the implementation/enforcement of nutrient reduction strategies within
8 the Basin. As previously indicated the County no longer has the legal authority to implement
9 and enforce same. This amendment does not impact the enforcement of nutrient reduction
10 strategies within the Neuse River Basin or impact the enforcement of water quantity standards
11 (i.e. how much water is leaving a parcel) throughout the county.
12
13 A copy of the proposed text amendment in contained within Attachment 4.
14
15 Planning Director Recommendation: The Planning Director recommends approval of the
16 Statement of Consistency, as contained in Attachment 3, and the LIDO Text Amendment, as
17 contained within Attachment 4.
18
19 Planning Board Recommendation: At its January 2, 2019 meeting, the Planning Board voted 9
20 to 2 recommending approval of the Statement of Consistency and the UDO amendment
21 package. Those recommending against adopting the amendment indicated concern that the
22 State was taking too long to address this issue and felt obligated to register their concerns.
23
24 An excerpt of the approved minutes from the January 2, 2019 meeting, as well as the Planning
25 Board's approved Statement of Consistency, are contained within Attachment 2.
26
27 Michael Harvey made the following PowerPoint presentation:
28
29 PUBLIC HEARING — ITEM 5 (A)
30 Unified Development Ordinance (UDO) Text Amendment— Nutrient Standards within the
31 Cape Fear River Basin
32
33 Background
34 . County regulates stormwater from 2 different perspectives:
35 — Water Quantity (how much water is leaving a parcel).
36 — Water Quality (reducing the amounts of nutrients)
37 for non-agricultural land disturbing activities.
38 • Oversight responsibility of NC Department of Environmental Quality (DEQ)
39 • Enforced by County Engineering and Erosion Control division.
40 • Stormwater regulations enforced within County planning jurisdiction (i.e. outside
41 municipalities).
42 . `Water Quality' regulations (i.e. nutrient reduction strategies) adopted by the State for
43 Cape Fear River Basin on August 11, 2009.
44 — Implementation/enforcement delayed until 2012.
45 — Also referred to as `the Jordan lake Rules'
46 • Incorporated into UDO in June of 2012.
47
48 Basins (map)
49
50 What Happened
17
1 In 2017 General Assembly delayed implementation and/or enforcement of nutrient
2 reduction standards in the Cape Fear River Basin to allow additional study
3 — STAFF COMMENT:
4 State action did not/does not impact enforcement of standards
5 (i.e. water quantity and quality) in the Neuse.
6 Does not eliminate enforcement of water quantity standards in the
7 Cape Fear River Basin.
8 Study being completed by DEQ, with involvement UNC, and other partners.
9 Final rules should be ready by 2022.
10
11 What does this mean?
12 • Local governments have lost ability to implement/enforce nutrient reduction strategies
13 within the Cape Fear River Basin.
14 • Amendments are necessary to bring LIDO into alignment with current DEQ regulatory
15 requirements.
16 — STAFF COMMENT: Once new rules are adopted at the State level, those
17 rules will be incorporated into the LIDO with a future text amendment.
18
19 Proposal
20 Amend UDO to eliminate nutrient reduction strategies/standards for parcels located
21 within the Cape Fear River Basin only.
22 — STAFF COMMENT:
23 County does not have authority to enforce water quality standards
24 based on current State law;
25 Continued reference to standards in the UDO exposes County to
26 potential litigation;
27 Once new standards are adopted, they will be incorporated into
28 UDO.
29
30 Planning Board Recommendation:
31 • At its January 2, 2019 regular meeting, Board voted 9 to 2 recommending approval;
32 • Those voting against indicated they were concerned the State was taking too long to
33 address issue.
34 — STAFF COMMENT: Staff understands concern. Unfortunately County's
35 legal ability to adopt, implement, enforce these standards has been
36 eliminated.
37 The UDO needs to be updated to reflect current State law.
38
39 Recommendation
40 The Manager recommends the Board:
41 1. Receive the proposed amendments;
42 2. Conduct the public hearing and accept comment;
43 3. Close the public hearing. (Note that, because this is a legislative decision,
44 additional comments at a later date are permitted); and
45 4. Decide on one of the following options:
46 a. Adopt the proposed amendments by approving the Statement
47 of Consistency (Attachment 3) and Ordinance (Attachment 4).
48 b. Defer a decision to a later BOCC regular meeting date.
49 c. Refer the item back to the Planning Board for a specific
50 purpose.
18
1
2 Commissioner Dorosin asked if this means that there are no actual nutrient reduction
3 strategies in place until state makes new rules.
4 Michael Harvey said yes. He said nutrient reduction can be encouraged but not
5 compelled, and staff can certainly applaud those who chose to do the right thing.
6 Commissioner Marcoplos asked if staff will do a PSA on this, and list the people that did
7 the right thing.
8 Michael Harvey said yes.
9 Chair Rich said it is important to encourage folks to do the right thing.
10 Commissioner McKee said this does not mean the DENR has closed their doors and
11 gone home.
12 Michael Harvey said yes they are likely equally frustrated, and for them it is a catch 22.
13
14 Public Comments:
15 NONE
16
17 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee
18 to close the Public Hearing.
19
20 VOTE: UNANIMOUS
21
22 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene for
23 the Board to adopt the proposed amendments by approving the Statement of Consistency
24 outlined in Attachment 3 and the Unified Development Ordinance as outlined in Attachment 4.
25
26 VOTE: UNANIMOUS
27
28 6. Regular Agenda
29
30 a. Broadband Initiatives Update and Approval of Proposed Agreement with Open
31 Broadband for Wireless Broadband Appurtenances on County Facilities
32 The Board received an update on the County's current broadband initiatives and a timeline
33 of relevant events; and considered voting to approve and authorize the Manager to sign the
34 agreement thereby allowing Open Broadband, LLC no cost access to County facilities for
35 the purpose of appropriately attaching equipment in order to provide broadband services to
36 rural Orange County residents.
37
38 Jim Northup, Chief Information Officer, presented this item. He called attention to
39 the information below:
40
41 BACKGROUND:
42
43 BROADBAND INITIATIVES UPDATE
44 Since 2014, Orange County Information Technologies (IT) has been tasked with working
45 toward improving broadband technology for Orange County residents. Many of the tasks
46 below were accomplished through collaboration with residents, business partners, State
47 and local representatives, government agencies, and towns.
48
19
1 Orange County IT has been administering the Open Broadband contract with an eye
2 toward first customer sign ups in April-May of 2019. Some of the key deliverables from
3 now till then:
4 9 continue reviewing Open Broadband Project financials (County)
5 9 negotiating tower agreements (Hillsborough / Open Broadband)
6 9 negotiating tower agreements (Orange County/ Open Broadband)
7 9 field verification of Open Broadband equipment purchases and configurations
8
9 The largest current initiative currently underway is the $500,000 Broadband Initiative,
10 whereby the County sought Request for Proposals (RFP) from Internet Service Providers
11 (ISPs) on how to improve broadband in both unserved and underserved areas in Orange
12 County. The Request for Proposals was released in January of 2018. The intent was to find
13 a vendor that could improve broadband speed and services in the rural areas of the
14 County.
15
16 A larger initiative in terms of dollars, but at this time only tangentially related to broadband,
17 is the County's Fiber Project Phase 1. Currently, the County is partnering with the Town of
18 Hillsborough in order to reduce costs for both parties. The County and Town are currently
19 in the process of vendor selection after successfully releasing an RFP in November 2017.
20 Phase 1 was funded in Fiscal Year 2017-18, and Phases 2 & 3 are planned in upcoming
21 fiscal years.
22
23 Once complete, this project will connect County buildings from Cedar Grove to Carrboro
24 and have fiber running east-west along the Highway 70 corridor connecting from the Efland
25 Cheeks Community Center to points close to the Durham County line. The excess dark
26 fiber will be available to other organizations and individuals outside of Orange County
27 Government for both broadband and economic development purposes. This project is
28 currently waiting for Town of Hillsborough Board of Commissioners approval.
29
30 County IT staff has also attended and presented at multiple community meetings. Orange
31 County IT attended and presented at the Schley Grange along with Internet Service
32 Providers and State representatives, including NC House Representative Graig Meyer.
33
34 Information Technologies has also been acting as a clearinghouse for all resident
35 broadband service issue concerns. Typically, staff responds to every Orange County
36 resident email and call personally and tries to facilitate solutions between residents and
37 ISPs while at the same time setting realistic expectations. Often this is simply a matter of
38 connecting residents with the right person in the ISP's organization and, after making
39 introductions, checking back in to ensure that all parties are communicating effectively.
40
41 Jim Northrup said phase 2 of this endeavor will focus on the southern portion of the
42 County, and Chatham County. He said including parts of Chatham County is an
43 engineered solution that was contracted with this vendor to do. He said he has spoken
44 with Chatham County twice, who is looking to put some towers in northern Chatham
45 County, which will bleed over into Chapel Hill. He said this should be a reciprocal
46 relationship.
47
48
49
50
20
1
2 Timeline of Relevant Events Past, Present and Future (Reverse Chronological Order)
3
4 • October 2021 —A 36-month pilot project will be complete and the Manager and
5 staff will offer a final report to the Board
6 • September 2019 — Potential Phase 2 start date.
7 • May - July 2019—Verification of service across the entire Phase 1 area.
8 Customers will be getting signed up and service delivered.
9 • April 2019 — First Phase 1 customer will be signed up proving that initial equipment
10 setup is working
11 • March 2019 — Manager requests Board approval for Open Broadband tower
12 agreement
13 • October 2018 — Contract with Open Broadband was executed and the six-month
14 clock to sign up the first customer and have them working begins.
15 • September 2018 — Board approved awarding grant funds to Open Broadband.
16 • May 2018 — RFP is advertised as per the County Attorney's recommendation.
17 • March 2018 — RFP vendor(s) selection commences
18 • January 2018— Broadband RFP closes and vendor interviews commence
19 • November 2017 — County solicits Broadband Request for Proposals (RFP)
20 • June 2017 — $500k for broadband incentives approved in County budget
21 • Late 2016 — County works with Representative Graig Meyer to set meeting with
22 CenturyLink. This meeting paved the way for CenturyLink to provide budgetary
23 numbers for improving broadband in its service area and those numbers were used
24 as a base number for the FY 2017-18 $500,000 Broadband Incentive.
25 • September - December 2016— IT met with Federal Engineering and Emergency
26 Services to discuss the positive impact proposed telecommunications towers may
27 have on broadband services in rural Orange County. It was requested at that
28 meeting that approximately 15' of vertical strata be reserved for placement of 3rd
29 party wireless broadband equipment on any new towers to be constructed by
30 Orange County. Discussions also included how both the County's
31 telecommunication and fiber plans have synergies that may decrease long range
32 costs and offer a more secure and reliable fiber connection to each proposed tower
33 location.
34 • July 2016— Former Governor Pat McCrory released the NC broadband strategy
35 report. No funding identified within this report for broadband improvements.
36 • May 2016—The County's public network buildout was completed in downtown
37 Hillsborough and all County-occupied buildings.
38 • March 2016 —WiFi-to-Go pilot began via collaboration by IT and the County
39 Library.
40 • March 2016 —The State assisted Orange County with identifying vertical assets -
41 understanding the location and availability of county-wide vertical assets is
42 important to businesses that want to bring wireless internet services into Orange
43 County.
44 • December 2015—An ISP meeting on State/County collaboration occurred.
45 • Late 2015—The Orange Public + Education Network (OPEN) formed to foster
46 collaboration and cost-sharing among Orange County and its municipalities.
47 • August 2015—The County's Broadband Survey closed.
48 • June 2015 —The County's Broadband Survey was released.
49 • April 2015—The Broadband Initiative resident group was formed.
21
1 . November 2014 —The Manager directed County staff to make a concerted effort to
2 engage residents in broadband discussions.
3 • June 2014—January 2016 — Orange County leveraged its relationship with Time
4 Warner resulting in Time Warner extending its wireless hotspots network
5 throughout downtown Hillsborough and into Fairview and Cedar Grove Parks. Prior
6 to the County's contact, Time Warner reported it was only going to deliver hotspot
7 services to Durham and Chapel Hill. This service allows any individual to connect
8 wirelessly throughout downtown Hillsborough and the parks for free.
9 • 2011 — North Carolina House Bill 129 barred governments from using public funds
10 to become Internet Service Providers.
11 • 2010 —The Federal Communications Commission (FCC) publishes its National
12 Broadband Plan.
13 • 2010 — MCNC (Microelectronics Center of North Carolina) awarded federal funds
14 for middle-mile network in rural NC.
15 • 2009—The US Recovery and Reinvestment Act stimulus bill included a provision to
16 make loans to states for the purpose of broadband.
17
18 PROPOSED AGREEMENT WITH OPEN BROADBAND
19 In Fiscal Year 2018 funds were budgeted to create a scalable broadband solution to foster
20 innovation, drive job creation, stimulate economic growth, and serve new areas of
21 development in the community and also to provide a flexible menu of retail services that
22 offers new or enhanced service to rural Orange County residents.
23
24 In Fiscal Year 2019 Open Broadband, LLC and Orange County entered into a public-
25 private partnership to provide broadband Internet services to residents in the rural areas of
26 Orange County. The attached agreement works toward those purposes by continuing to
27 partner with Open Broadband by allowing them to place communications equipment on a
28 vertical assets owned by Orange County, i.e., the communications tower at 510
29 Meadowlands. This agreement will have a 36-month duration in an effort to co-term it with
30 the larger Open Broadband three-year pilot project currently underway. Prior to renewal,
31 and similar to the pilot project, it will be re-evaluated for economic viability with no
32 obligation for continued County support beyond what is stated in the attached agreement.
33
34 A motion was made by Commissioner Price, seconded by Commissioner Bedford
35 for the Board to approve and authorize the Manager to sign the agreement thereby
36 allowing Open Broadband, LLC no cost access to County facilities for the purpose of
37 appropriately attaching equipment in order to provide broadband services to rural Orange
38 County residents.
39
40 VOTE: UNANIMOUS
41
42 b. Proposed Formation of a Climate Committee
43 BACKGROUND: At the January 29, 2019 Assembly of Governments meeting,
44 Commissioner Mark Marcoplos presented an update from the Climate Change Ad Hoc
45 Committee. The Ad Hoc Committee is a group of elected officials who came together in the
46 fall of 2018 in the wake of hurricane season to explore opportunities to accelerate
47 collaborative action on climate change. The members of the ad hoc committee are: Council
48 Member Rachel Schaevitz (Chapel Hill), Aldermen Sammie Slade (Carrboro),
49 Commissioner Jenn Weaver (Hillsborough), and Commissioner Mark Marcoplos (Orange
50 County). The Ad Hoc Committee presented a report outlining relevant climate change
22
1 commitments and highlighted climate change mitigation actions from each of their
2 jurisdictions.
3
4 During the discussion of the report, Ad Hoc Committee members confirmed that climate
5 change was a top priority for all of their respective Boards and expressed a desire to
6 establish a more formal and inclusive committee as soon as possible. The members
7 suggested that that a newly-formed committee should be supported by staff and include
8 representatives from both school systems, the University of North Carolina, and include
9 input from County residents. It was acknowledged that the composition and charge for the
10 new committee would need to be discussed and approved by the boards of the constituent
11 jurisdictions.
12
13 Commissioner Marcoplos presented this item. He said a potential addition to the list
14 is UNC Hospitals. He said the BOCC will approve this, and then it will go to other
15 governments for them to approve and amend.
16 Commissioner Marcoplos said Brennan Bouma, Sustainability Coordinator, will be
17 the head staff person.
18 Chair Rich said yes, since Carrboro and Hillsborough did not have a director. She
19 said the Sustainability Director from Chapel Hill, as well as the schools, will also be
20 involved.
21 Chair Rich said the boards would appoint the elected officials, and those elected
22 officials would find the other staff to be on this committee. She said the BOCC will
23 determine tonight if it is comfortable with this initial group, and if so, the initial group would
24 reach out for the others.
25 Commissioner Marcoplos said Brennen Bouma was happy to contact all those on
26 the list, as well as Orange Water and Sewer Authority (OWASA's) sustainability director.
27 Commissioner Price asked if thought was given to including Mebane.
28 Commissioner Marcoplos said his personal feeling is once there is a relationship
29 they invite Mebane.
30 Commissioner Dorosin asked if Mebane has a sustainability director.
31 Brennan Bouma said he does not think so.
32 Commissioner Marcoplos said neither does Hillsborough.
33 Chair Rich said staff can reach out to Mebane.
34 Commissioner Dorosin said he would like to know how these groups got picked for
35 this proposed committee, as there is no provision for outside residents to participate. He
36 clarified with Commissioner Marcoplos that the County, towns and schools pick their people
37 and those people reach to other groups. He asked if there is a process for members to be
38 chosen, and if the Board of County Commissioners only nominates its own member and no
39 one else.
40 Commissioner Marcoplos said that is his thought, and he sees this as a start. He
41 said they will consider ways to bring in more people down the line and start with a group to
42 get this going.
43 Commissioner Dorosin said he wonders if this committee will get too large, and he
44 would be more comfortable to have 4 other slots, to which people can apply or have local
45 governments pick a slot.
46 Commissioner Marcoplos said it is already a big committee, with two competing
47 goals: bring in as many people as possible, to make it strong; and move quickly.
48 Commissioner Dorosin said they can start the committee, and then add more.
23
1 Commissioner Marcoplos said they talked about sub-committees. He said this list
2 includes representatives of fairly large constituencies or organizations, and Commissioner
3 Dorosin's suggestion sounds like 4 ombudsmen.
4 Commissioner Dorosin said at large members, not ombudsmen, because if one is
5 not a member of these groups, one cannot currently get involved. He said it seems more
6 exclusive than it needs to be.
7 Commissioner Price asked if the Commission for the Environment (CfE) will be
8 involved in this process.
9 Commissioner Marcoplos said yes.
10 Brennan Bouma said he and two Department of Environment, Agriculture, Parks
11 and Recreation (DEAPR) staff provide support for the CfE, and this committee would meet
12 and come back to elected boards and advisory boards in between meetings, which would
13 includes input from others without the size of the board being unmanageable.
14 Commissioner Price said there is no representation from immigrant groups or
15 populations
16 Commissioner Marcoplos said that could happen with the additional 4 slots.
17 Commissioner Green asked who would name these at large positions.
18 Chair Rich said the Climate Committee would get recommendations from the
19 Towns on the 4 at large positions. She said staff would be directed to pull composition
20 together for the towns.
21 Commissioner Marcoplos respectfully requested that the other governments resolve
22 this at their next meetings.
23 Travis Myren said at the next meeting, or earliest time practical.
24 Commissioner Marcoplos said he would like to be the BOCC member.
25
26 A motion was made by Commissioner Price, seconded by Commissioner Marcoplos
27 for the Board to approve the formation of a Climate Committee, review and approve the
28 following membership composition.
29
Organization Representatives #
Orange County BOCC Sustainability Director, Commissioner 2
Hillsborough Designated staff, Commissioner 2
Carrboro Sustainability Director, Alderperson 2
Chapel Hill Sustainability Director, Council person 2
CHCCS Sustainability Director, Board member, student 3
OCS Designated staff, Board member, student 3
UNC Sustainability Director, Student 2
OWASA Sustainability Director, Board member 2
CH-Carrboro NAACP Representative, youth 2
24
Northern Orange NAACP Representative, youth 2
Orange/Chatham Sierra Club Representative 1
NC Cooperative Extension Representative 1
Durham Tech Representative, student 2
UNC Hospitals Representative 1
At- large (appointed by Town 1
of Chapel Hill)
At- large (appointed by Town 1
of Carrboro)
At— Large (appointed by the 1
Town of Hillsborough)
At- Large (appointed by 1
Orange County)
Total 31
1
2
3
4 VOTE: UNANIMOUS
5
6 A motion was made by Commissioner Price, seconded by Commissioner Greene to
7 appoint Commissioner Marcoplos to serve as the BOCC representative to the Climate
8 Committee.
9
10 VOTE: UNANIMOUS
11
12 7. Reports
13 NONE
14
15 8. Consent Agenda
16
17 • Removal of Any Items from Consent Agenda
18 • Approval of Remaining Consent Agenda
19
20 A motion was made by Commissioner McKee, seconded by Commissioner Price to
21 approve the remaining items on the Consent Agenda.
22
23 VOTE: UNANIMOUS
24
25 Discussion and Approval of the Items Removed from the Consent Agenda
26
27
28
25
1 a. Minutes
2 The Board approved the minutes from January 25, February 12 (Fire Depts.), February 12
3 (Schools) and February 19, 2019 as submitted by the Clerk to the Board.
4 b. Motor Vehicle Property Tax Releases/Refunds
5 The Board adopted a resolution, which is incorporated by reference, to release motor
6 vehicle property tax values for six taxpayers with a total of six bills that will result in a
7 reduction of revenue in accordance with NCGS.
8 C. Property Tax Releases/Refunds
9 The Board adopted a resolution, which is incorporated by reference, to release property tax
10 values for two taxpayers with a total of two bills that will result in a reduction of revenue in
11 accordance with North Carolina General Statute 105-381.
12 d. Applications for Property Tax Exemption/Exclusion
13 The Board considered three untimely applications for exemption/exclusion from ad valorem
14 taxation for three bills for the 2018 tax year.
15 e. Establish New Date for Advertisement of Tax Liens on Real Property
16 The Board agreed to modify the date of the tax lien sale advertisement previously set and
17 approved by the Board from March 20, 2019 to on or about April 3, 2019.
18 f. Efland-Buckhorn-Mebane Access Manaqement Plan Adoption- MOVED TO
19 ITEM 4-a
20 g. Request for Road Additions to the State Maintained Secondary Road System
21 for Oak Crest Drive, Booth Road Extension, Ridge View Lane, and Cedar Run
22 Lane in Oak Crest Subdivision
23 The Board voted to make a recommendation to the North Carolina Department of
24 Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT),
25 concerning a petition to add Oak Crest Drive, Booth Road Extension, Ridge View Lane,
26 and Cedar Run Lane in Oak Crest Subdivision to the State Maintained Secondary Road
27 System.
28 h. Request for Funding Assistance — Triangle Land Conservancy, and Approval
29 of Budget Amendment #6-B
30 The Board agreed to providing $109,260 in grant funding assistance to Triangle Land
31 Conservancy for the purchase of a 60-acre Buzzlitz property adjoining Triangle Land
32 Conservancy's George and Julia Brumley Family Nature Preserve, and approved Budget
33 Amendment#6-B and authorized the Manager to sign.
34 L Amendment to the Civil Rights Ordinance
35 The Board adopted a resolution, which is incorporated by reference, approving an
36 amendment to the Orange County Civil Rights Ordinance, Orange County Code of
37 Ordinances § § 12-17(e) and 12-18(I).
38 j. Greene Tract Southern Access Driveway and Approval of Budget Amendment #6-
39 C
40 The Board approved funding of $35,000 for the installation of the Greene Tract southern
41 access driveway and to approve Budget Amendment #6-C.
42 k. Lease of Office Space for Orange County Departments and Approval of Budget
43 Amendment #6-D
44 The Board approved one year leases for office space within Major Business Forms (1510
45 Highway 86 North) and the Sinclair Building (105 West Corbin Street— suite 103);
46 authorized the Chair to execute the leases following review and approval by the County
47 Attorney; and approved Budget Amendment #6-D reallocating $150,000 from Capital
48 Reserve funds to the General Fund (Asset Management Services) to cover the costs of
49 office space leases during remediation work at the Link Building in Hillsborough.
50
26
1 9. County Manager's Report
2 NONE
3
4 10. County Attorney's Report
5 NONE
6
7 11. *Appointments
8
9 a. Adult Care Home Community Advisory Committee —Appointment
10 The Board considered making appointments to the Adult Care Home Community Advisory
11 Committee.
12
13 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
14 appoint the following:
15 • William Lang for the At Large position #9 for a First Full Term ending 03/31/2021.
16 • Bill Morgan to the Adult Care Home Community Advisory Committee for the At-
17 Large position #10 for a one-year initial term ending 03/07/2020.
18
19
20 VOTE: UNANIMOUS
21
22 b. Nursing Home Community Advisory Committee —Appointment
23 The Board considered making two appointments to the Nursing Home Community
24 Advisory Committee.
25
26 A motion was made by Commissioner Greene, seconded by Commissioner Price to
27 appoint the following to the Nursing Home Community Advisory Committee:
28
29 • Position 1 for Martha Bell —At Large for a second full term ending 01/31/2022.
30 • Position 2 for Bill Morgan —At Large for a one year training term ending 02/19/2020.
31
32 VOTE: UNANIMOUS
33
34 c. Planning Board —Appointment
35 The Board considered making two appointments to the Planning Board.
36
37 Planning staff contacted the Clerk late this afternoon and said at their Planning
38 Board meeting last night, the Planning Board did not make a recommendation on the Table
39 of Permitted Uses UDO amendment and will hold a special meeting on March 201" to
40 further consider the matter (the hang up is language James Bryan added to the text earlier
41 this week, not the concept in general).
42
43 The Planning Board requested that the existing members be allowed to continue on the Board
44 until this long-term project is completed. There is precedence for this on both the Planning
45 Board and other advisory boards. Since appointments are on tonight's BOCC agenda,
46 Planning staff is requesting that the BOCC:
47
48 1. Delay making appointments until the current project is completed.
49
27
1 John Roberts said no language is needed, as the membership of this board is not
2 controlled by policy, but by the Unified Development Ordinance (UDO), which says
3 members will continue until their appointments take their seats.
4 Donna Baker said positions number 1 and 10 are just reappointments, which can go
5 through. She said positions 2, 6 and 8 are open.
6
7 A motion was made by, Commissioner McKee, seconded by Commissioner Bedford
8 to appoint the following to the Planning Board:
9
10 • Position 1 for Adam Beeman — Cedar Grove Township for a first full term ending
11 3/31/2022.
12 . Position 10 for Kim Piracci — Eno Township for a second full term ending 3/31/2022.
13
14 VOTE: UNANIMOUS
15
16 Other positions were deferred and hopefully will be brought back by May 1st
17
18 12. Information Items
19 The Board received the following information items:
20
21 • February 19, 2019 BOCC Meeting Follow-up Actions List
22 • Tax Collector's Report— Numerical Analysis
23 • Tax Collector's Report— Measure of Enforced Collections
24 • Tax Assessor's Report— Releases/Refunds under $100
25
26 Chair Rich made reference to Commissioner McKee's petition earlier this evening
27 about adding public comment to the BOCC work session on March 12t", and asked if John
28 Roberts would respond.
29 John Roberts said the Board can notify the public that it will be allowed to speak, if
30 that is how the Board chooses to proceed.
31 Commissioner McKee said he does not know that voting to allow public comment is
32 necessary. He said he wants to allow anyone to have the opportunity to speak, should one
33 so choose.
34 Commissioner Marcoplos asked if the comment period could be limited to 45
35 minutes.
36 Commissioner Dorosin said if the Board chooses to allow public comment, then the
37 public needs to be notified.
38 Chair Rich said her concern is that 30 people will come to speak, but it is a work
39 session and she does not want to hear repetitive comments. She said the Board does not
40 yet even know that which will be discussed about light rail.
41 Commissioner McKee said his own comments will be repetitive, and Chair Rich is
42 right that most of the public comments will be repetitive; however, because this is a divisive
43 discussion, it is important to insure that everyone has a chance to be heard. He said if
44 there are a large number of people, then a time limit can be imposed.
45 Commissioner Marcoplos said the Board is likely to make a decision on this issue in
46 the next week or two, and the public will hear new information at the work session and
47 could make public comment at the next regular meeting. He said the Board should hold
48 the work session, and let the public speak at the next meeting where the issue is
49 addressed.
28
1 Commissioner Price asked if there is a sequence in place after the work session
2 occurs.
3 Commissioner Marcoplos said he is not sure, and there is no way to predict at this
4 time.
5 Commissioner Price said Commissioner Marcoplos said the issue would be
6 addressed at a later meeting, and wondered if that meeting date is known, or a process set
7 in place already.
8 Commissioner Marcoplos said the public can always come to the next regular
9 meeting and speak to the item under "public comments on items not on the agenda."
10 Travis Myren said staff will not have an updated financial model for March 12t", and
11 the work session is just an opportunity to catch the Board up on recent information. He
12 said the updated financial model will be available no earlier than March 19th, with the
13 soonest vote being needed by April 2nd, at the earliest.
14 Chair Rich said the reason GoTriangle is coming on March 12t", is that it was the
15 closest meeting available, and the fact that it fell on a work session was unintentional. She
16 said the information that will be presented is all public knowledge. She said it would be
17 nice to have open conversation at the work session.
18
19 A motion was made by Commissioner McKee, seconded by Commissioner Bedford
20 to allow public comment after the GoTriangle presentation on the Light Rail March 12t"
21
22 Commissioner Dorosin said given what Travis Myren said he would be in favor of
23 not having public comment on the 12t", but wait until the 19t"
24 Commissioner Greene agreed with Commissioner Dorosin and asked if Chair Rich
25 has the discretion to limit the length of time the public can speak.
26 Chair Rich said this has been a previous discussions about this, but the Board has
27 always kept the 3 minute rule.
28 Commissioner Greene asked if, in the midst of a meeting, does Chair Rich have the
29 discretion to shift gears if there are 100 people in the room.
30 Chair Rich said not.
31 Commissioner Dorosin said the Board could vote at the meeting to make an
32 adjustment.
33 Chair Rich said she has concerns about having public comment at the work
34 session, as it seems the content will not warrant further conversation at that time. She said
35 there will be opportunity for public comment a week later. She said she also has concerns
36 about changing their processes, and work sessions do not allow for public comment.
37 Commissioner McKee said the Board has done it before.
38 Chair Rich asked if this public comment occurred at a particular point in a meeting.
39 Commissioner McKee said after a presentation had been made.
40 Commissioner Price said the Board was discussing the renovations of the Cedar
41 Grove Community Center and people from the community were allowed to speak, per the
42 invitation of the Chair. She said it was a discussion and exchange, and a bit different from
43 this situation.
44 Chair Rich agreed, and said LRT has been discussed for years, and the public has
45 always had the opportunity to speak.
46
47 VOTE: yeas, 1 (Commissioner McKee); nays, 6
48
49 Commissioner Marcoplos said there is an excellent article in a recent edition of
50 Governing Magazine about small affluent groups being highly participatory in government
29
1 issues, which the governing officials take as the general consensus, as opposed to seeking
2 out the opinions of a wider sample of the public. He said it was a very thought provoking
3 read.
4 Commissioner McKee said this same thing happened two hours ago, and had the
5 group not made the Board aware of the historic churches and cemeteries, the Board would
6 have likely passed the plan without question or comment. He said it is not just limited to
7 the involvement of the affluent. He said when a group shows up en masse, the
8 conversations usually change course.
9 Commissioner Price said this was a little bit different, and with LRT the public will
10 have the opportunity to speak on the 19`"
11
12 13. Closed Session
13
14 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee
15 to adjourn into closed session at 9:31 p.m. for the following purpose:
16
17 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in
18 order to preserve the attorney-client privilege between the attorney and the Board."
19
20 VOTE: UNANIMOUS
21
22 RECONVENE INTO REGULAR SESSION
23
24 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to
25 reconvene into regular session at 10:10 p.m.
26
27 VOTE: UNANIMOUS
28
29 14. Adjournment
30
31 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin
32 to adjourn the meeting at 10:10 p.m.
33
34 VOTE: UNANIMOUS
35
36 Penny Rich, Chair
37
38
39 Donna Baker
40 Clerk to the Board