HomeMy WebLinkAboutMinutes 04-02-2019 Regular Meeting 1
APPROVED 4/16/2019
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
April 2, 2019
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, April 2,
2019 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, 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:
COUNTY ATTORNEYS PRESENT: Annette Moore, Staff Attorney
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. Additions or Changes to the Agenda
Commissioner Dorosin suggested moving Item 8-f, Proclamation Recognizing the 110tn
Anniversary of the NAACP, up to Item 4-d.
Chair Rich proposed moving items 8-d and 8-e up to items to 4-f and 4-g since these are
both tax office related items, and Dwane Brinson and his staff are here.
Chair Rich noted the following items at the Commissioners' places:
- Petition from Commissioner Bedford
- PowerPoint for Items 4-e and 6-c
- Capital Investment Plan (CIP) notebooks
PUBLIC CHARGE
Chair Rich acknowledged the public charge.
Arts Moment
Ashley Nissler, Orange County Arts Commission Member, introduced Fred Joiner:
Fred Joiner is a poet and curator and the newly named Carrboro Poet Laureate. His work has
appeared in Callaloo, Gargoyle, and Fledgling Rag, among other publications. Fred has read
his work nationally and internationally. Joiner is a two-time winner of the Larry Neal Award for
Poetry and a 2014 Artist Fellowship Winner as awarded by the D.C. Commission on the Arts
and Humanities. Most recently, one of Joiner's poems won the Smithsonian's National Museum
of African Art's Divine Comedy Poetry Contest, in response to Konate's textile work. As a
curator of literary and visual arts programming, Joiner has worked with the American Poetry
Museum, Belfast Exposed Gallery (Northern Ireland), Hillyer Artspace, Honfleur Gallery, Medina
Galerie (Bamako, Mali), the Phillips Collection, the Prince Georges African American Museum
and Cultural Center, the Reginald F. Lewis Museum and others. He is the co-founder of The
Center for Poetic Thought currently based at the Monroe Street Market in Washington, DC.
Joiner is a Board Member of The American Poetry Museum and the Orange County Arts
Commission.
Fred Joiner read a poem from a collection called "Dark Testament and Other Poems" by
Pauli Murray about freedom.
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2. Public Comments
a. Matters not on the Printed Agenda
Cindy Talisman said she understood the County's theme for National Women's
month to be "Visionary Women: Champions of Peace and Non-Violence." She said this
theme did not seem congruent with the keynote speaker this past Sunday, Linda Sarsour.
She said she is ashamed that the Board of County Commissioners (BOCC) and the
Hillsborough Mayor endorsed bringing this speaker to Orange County. She said Orange
County should support unity, and this speaker was in conflict of that. She said Annette
Moore informed the BOCC at its March 17 meeting, that a nationally known speaker
would be coming, the identity of whom could not be revealed; she also failed to reveal the
cost to bring this speaker to Orange County. She said the BOCC accepted this unknown
speaker, cost and agenda, which seemed unwise. She said she does not deny Ms.
Sarsour the right to free speech, but does protest the use of taxpayer money to pay for
someone who promotes hatred of police officers, supports Lewis Farrakon, and has made
anti-Semitic remarks. She said she would like to know the costs incurred by the
taxpayers for this event, and called for the dismissal of Annette Moore immediately, for a
lack of transparency with the residents of Orange County. She said she would also like
the BOCC to apologize, and explain its support for this anti-Semetic speaker.
Mattie Rose Crowder referred to and read page 4 of the civil rights ordinance, and
asked if the civil rights ordinance was followed at Saturday's event. She said it did not
promote the equal treatment of all individuals, nor did it protect the personal dignity of all
individuals, nor did it prevent strife and unrest within the community. She requested that
the Board of County Commissioners and HRC be much more careful in planning events
and vet its speakers. She thanked Commissioner McKee for not advocating for this
event.
Seamus O'Neill read the following comments:
Good evening and good cheer to the Commissioners and all attending tonight. My name is
Seamus O'Neill and I live at 308 Charleston Lane in Chapel Hill. By trade, I am an economist
and financial analyst, and as such I have served as an advisor to both Democrat and
Republican elected officials and run two companies created with my business partner.
Personally, I have little political history. I was born and raised a Democrat, but I have been an
economic conservative for most of my adult life. I joined the Republican party only recently.
I am here tonight for two reasons:
First, to express my gratitude to the protesters from both sides who on Sunday, March 31St
exercised their Right to Free Speech and Assembly while not interfering with the same Rights of
their opponents, and to the deputy sheriffs and other law enforcement officers for their positive
engagement with both groups of protesters on this highly divisive issue. By extension,
compliments to the Orange County Commissioners and to the County Sheriff.
Second, I wish to express my profound disappointment with the Orange County Commissioners
for permitting the Orange County Human Relations Commission to invite Linda Sarsour to
speak, and to spend almost $10,000 of County resources on her speech and related expenses.
The Orange County Commissioners facilitated, either by act or omission, the speakership of one
of the most polarizing and offensive public figures in the country today.
For those that are not familiar with the brand of Linda Sarsour- she traffics in some of the most
hateful ideas available in the public square — antisemitism, radical Islam, terrorism, and the
demonization of women that speak out for their rights. She is smart, well-spoken, engaging,
and dangerous to free people everywhere, particularly, Jews and Muslim women. Having said
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this, Linda Sarsour does have a Right to Free Speech, and I support her Right to propagate her
hateful ideas through speech, media and print, but she has no such right to use Orange County
as her vehicle. You gave her that opportunity. What occurred was made possible only through
the actions of the Orange County Commissioners.
As I stand here today I still cannot fathom how our County decision-makers concluded that
extending this invitation was a good idea. One would have thought that somewhere in the chain
of approvals, authorizations, budget requests, cost estimates, invoices and check issues
someone, anyone would have said "... Wh000aaa! Maybe this is not such a good idea!"
However, if the Sarsour episode was in fact a well thought out event then we are all in serious
trouble as we have just witnessed the weaponizing of Orange County Government against its
own people.
Does it have to be this way? No!
If not, how do we fix it?
The answer lies within our nation's founding documents, legal traditions, history and culture.
Or, simply go with respect and logic:
First Respect—We should not turn the County treasury into a piggy bank for someone's ugly
propaganda. The Sarsour incident diminishes confidence that we will be treated fairly by the
government on other matters. Loss of trust in our government is the most damaging result of
disrespect. We start asking whose side is our government on? What do I need to do to protect
myself and my family? This makes us all more tribal! The glue that holds us together starts to
dissolve. People will start to seek resolution outside the political process.
Second Logic— Linda Sarsour is the radical Left's David Duke. Would you have permitted
David Duke to Speak? Of course not you say - the idea would be absurd. But why? The logic
of your actions regarding Sarsour suggests otherwise. The views of both Sarsour and Duke are
highly offensive and unacceptable to the majority of Orange County citizens? Please note,
many options exist for Sarsour's local fellow travelers to organize a nonprofit or use an existing
nonprofit to sponsor speakers with the most extreme ideas and beliefs. Just don't use our tax
dollars.
Conclusion
If your goal is to tear the social and political fabric of our County then you have succeeded. You
have used the power of government for a truly destructive purpose —to divide the people. I can
assure you that going down this road will not end well, for you, for us, for our children, for no
one.
On the other hand, if your goal is to unify our citizens into a functioning body politic then agree
that the Sarsour incident was a terrible mistake and commit never to repeat it. Please don't
waste your most precious resource, OUR TRUST, on what I hope was just a bad idea that
somehow slipped through the system.
Kathy Zimmerman read the following email from Bob Randall, who was unable to
attend tonight's meeting:
I am a long time citizen of Orange County. I just have three issues to address:
The first one is our tax dollars paid around $10,000 for Linda Sarsour to speak right here
last Sunday. Unless you are woefully misinformed, or have turned a blind eye, you must
know by now that she is not a person who promotes love and tolerance. In the spirit of
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truth and transparency, I would like to see a show of hands from you who supported her
engagement. And then a show of hands who opposed her engagement. If it hasn't been
done already, I think the Orange County taxpayers are owed the transcript of her speech
to be posted on the HRC website; after all we paid for it.
Number two, I am looking forward to seeing all taxes linked to the light rail project
removed, since light rail transit is dead.
Number three, no matter how many buses you put out there on the roads, it isn't going to
solve Hillsborough's traffic problems, which are worsening by the week. Hillsborough's
charm has been destroyed by too much downtown traffic. Hillsborough desperately
needs a practical, north-south bypass to divert traffic around the town for those who have
no business in downtown.
Steve Mahaley said he attended the Sunday event, and respectfully disagrees
with most that has been said so far about Linda Sarsour. He did agree that a transcript of
the event should be provided. He said the costs may have been high, but celebrating the
end of Women's history month was well served by the presence of Linda Sarsour. He
said she was one of the founders of the women's march, and her comments were
inspirational. He thanked Annette Moore for bringing this speaker to Orange County.
Andrea Sharpiro commended the HRC for organizing the Courageous
Conversations Speaker series. She said these conversations are meant to be difficult,
and feed our democracy, and Linda Sarsour was a good choice. She said she did not
agree with everything said by Linda Sarsour, but encouraged all to listen to the talk she
gave.
Kate Sullivan, Development Director of the Kidzu museum, said the museum has
reached two milestones: 1.) On March 6 the Town of Chapel Hill voted to negotiate a
development agreement with Kidzu for a future children's museum to be located in
Southern Villageand; 2.) This week Kidzu opened its first, of two, community based pop-
up museum in Hillsborough during spring break. She said they are still not seeing or
hearing all of the kids in Orange County, and asked if the BOCC would support Kidzu's
next pop up in July. She said support could come via the full funding of Kidzu's human
services request, or support the pop-up initiative with a $10,000 matching grant to enable
Kidzu to reach all the kids and families as it plans for its next community's children's
museum.
Jamie Paulen said she was among a group to attend a lunch with Linda Sarsour,
and she sat next to her. She said she asked her what she would want people to know
about her, and Linda Sarsour said she would want people to know her story is American.
She thanked everyone for making this happen.
Heather Redding thanked Orange County and HRC for inviting Linda Sarsour to
speak this past weekend. She said when those who differ from us come together there is
no place or power for hate.
Latarndra Strong said she was inspired from the events this past weekend, and
she appreciated hearing a different perspective on life. She said there are many places
within Orange County where she feels unsafe, and this must change. She said one
cannot object if one is not willing to listen first.
Ashley Campbell said the previous speaker mentioned the "power to quell people
who don't sound like us," which summarizes the difficulties she faces in Orange County
as someone who is not progressive. She said she is surround by people of power who
wish to silence people who lean more to the right ideologically. She said she is here to
speak her truth. She said she had an exchange with Commissioner Marcoplos on
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Facebook, and she wanted to have a civil conversation with him about the Linda Sarsour
event. She said she asked him if he had office hours, but he did not; and she asked if he
met with constituents outside of meetings, and he said yes. She said she asked if she
could meet with him about Linda Sarsour, and he said to send him an email, as he is not
interested in talking to her because of past comments she has made, and that he said he
has no respect for her. She said she emailed Commissioner Marcoplos, but she received
no response other than the FAQ page that was distributed about the Linda Sarsour event.
She said she protested against the talk, but did attend it, and Linda Sarsour referred to
people with her beliefs as white supremacists. She said there was no chance for
dialogue. She said the event was not allowed to be recorded and there was a last minute
decision to allow staff to search people. She did not agree with either of these decisions,
and felt that latter may not even be legal.
Sarah Cross thanked Orange County for bringing Linda Sarsour to speak. She
said she was angry because she had to pass through white supremacists, etc. on Sunday
to get to her seat. She said she will not stay silent in the hatred of Muslims, and it is the
responsibility of the BOCC to address this white supremacy. She said the current
national administration is the root of current anti-Semitism and Islamophobia. She said
she is a Jewish woman, and knows that she is not safe is Linda Sarsour, a Muslim
woman is not safe.
Miriam Thompson said the event on Sunday to celebrate Women's History Month
was an example of the Board's sureness of purpose. She said the speaker had to face
loud and hatred rhetoric outside of the event, which she rose above and offered engaging
and inspiring comments. She reviewed some of the highlights of the speech.
Lorena Morelock said she has no vehicle and utilizes County transportation, with
which she has had many problems. She said she reached out to one of the
Commissioners, who blew her off. She said she wanted answers about transportation,
and would like to know how best to communicate with the Board.
Riley Ruske is a US citizen and combat veteran, and is abhorred that his taxpayer
monies were used to bring Linda Sarsour to Orange County. He asked the BOCC to
rescind the transit tax, since light rail is dead and to cut the wasteful spending on
transportation.
Marc Xavier thanked the Board of County Commissioners and the HRC for
bringing Linda Sarsour to speak on Sunday, and he would like her speech put on line in
its entirety.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda
below.)
3. Announcements, Petitions and Comments by Board Members
Commissioner Dorosin said earlier this week Democrats introduced a series of bills
about LBGQT rights, including a non-discrimination provision that would add sexual orientation
to non-discrimination law, which was on the Board's legislative goals. He petitioned the Board
to compose a letter/resolution in support of these bills (3).
Commissioner Dorosin said at the Board's last work session, the Adult Care Committee
did a presentation, which mentioned legislation to raise the personal care allowance, and he
petitioned the Board to issue a resolution in support of this legislation.
Commissioner Dorosin said Fred Battle passed away this passed week, and he would
like the Board to offer some type of recognition for him.
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Commissioner Dorosin said he attended Linda Sarsour's presentation on Sunday, which
was inspiring, and he commended Annette Moore for this event. He said Linda Sarsour
challenged everyone to be and do better.
Commissioner McKee said he petitioned several weeks ago for staff to engage with the
Town of Chapel Hill about transit shortfalls, and he would like to also petition for the
engagement of Carrboro/Hillsborough/Mebane to address Orange County transit needs, and to
start developing changes in the interlocal agreement.
Commissioner Price thanked the HRC for having the courage to present the program on
Sunday.
Commissioner Price said last week she attended the North Carolina Council on Women
and Youth Involvement's Women's History Month program in Raleigh, which highlighted several
local women.
Commissioner Price said today is "equal pay" day for women, and years ago she and
former Commissioner Alice Gordon tried re-convening a women's commission. She said she
would like to look into this again.
Commissioner Price said this is National Public Health Week, and the theme is "Creating
the Healthiest Nation for Science, for Action, for Health." She commended Orange County
Health Department staff for its work.
Commissioner Marcoplos thanked the HRC for a great program on Sunday, and said a
lot of thoughtful dialogue happened afterwards. He said Linda Sarsour has been
misinterpreted.
Commissioner Marcoplos said the Solid Waste Advisory Group (SWAG) met last week
and Michael Everhart made a presentation about saving wood from old trees and turning it into
projects and artwork. He said the interlocal agreement was celebrated. He said SWAG is
looking for a northern Orange County plot of land for storm debris management. He said
composting is going to be looked at very closely as a major component of the waste stream.
Commissioner Marcoplos referred to Commissioner McKee's request, noting it could be
a work session topic. He said the Board needs an overview of how decisions are made on
transportation in Orange County. He said the Board needs to know who makes the decisions,
such as the MPOs, the towns, the County, etc. He would like a general report.
Commissioner Marcoplos said he concurred with Commissioner Dorosin about Fred
Battle who was a great leader for civil rights, and a very principled man.
Commissioner Greene said she too wanted to extend her sympathies to Fred Battle's
family and friends. She thanked Annette Moore for the presentation on Sunday, and asked if
the entire speech was available to be posted online.
Annette Moore said the County contracted with Linda Sarsour for pieces of the video to
be presented publicly. She said she would ask if the entire video could be posted.
Commissioner Greene said she sees this as important, especially given the controversy
and that not all residents were in attendance. She said a selective portion of the speech may
seem like the HRC is trying to hide something.
Commissioner Greene said April is Poetry Month, and thanked the Board of County
Commissioners for setting up the Arts moment.
Commissioner Greene said she has seen new rural buffer signs in Orange County, and
asked Bonnie Hammersley if all have gone up.
Bonnie Hammersley said the signs are in the process of going up.
Commissioner Bedford said April is also Autism awareness month, and today is National
Autism Awareness today. She said she is the mother of a 31-year old daughter with autism.
Commissioner Bedford commended the Information Technology staff for its efforts in
regards to the service breakdown.
Commissioner Bedford referred to petition at the Commissioners' places about LMEs.
She petitioned the Board to support this:
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April 2, 2019
Petition from Commissioner Bedford
RE: Email from Kevin Leonard, Executive Director of NCACC dated 3/29/19 to provide input by
4/17/19 on recommended regions for "Tailored Plans" within Medicaid transformation
I petition that the Manager and Board provide input in writing to input .ncacc.org by
Wednesday April 17, 2019 for Orange County regional preference regarding the Tailored Plans.
An earlier map of regions has been developed for those with substance abuse and mental
health needs who will have their physical and mental health services integrated into Prepaid
Health Plans as part of the first phase of Medicaid transformation to a managed care structure.
The participating contracts were announced Feb 4, 2019. First launch set will be in November.
People with intellectual/developmental disabilities, those with more challenging behavioral
health needs, and some other special populations will be served by "Tailored Plans" under the
Medicaid transformation. The regions are being drawn and will be in place for four years.
NCACC has been asked to provide input for the map.
Orange Co should consider stating a preference to be in the same region as Durham and Wake
counties.
For example, CASA operates in Durham, Wake and Orange counties to provide housing for
people with mental illness. Their operations and client access would be more efficient if Orange
Co were grouped with Durham and Wake counties. Generally, Orange Co residents would
have greater access to more and more varied services along with public transportation if our
county were grouped with Durham and Wake.
Commissioner Dorosin asked if Orange County is grouped with anyone currently.
Commissioner Bedford said the Charlotte area.
Chair Rich said the gentleman, who presented to the SWAG, called his efforts
"treecycling". She said he cuts down trees in larger chunks (12-14 feet), so that they can be
repurposed. She said Commissioner Marcoplos is now Chair of the SWAG.
Chair Rich thanked the HRC for the event on Sunday, and thanked the Sheriff and both
deputies here tonight, who were also present on Sunday. She also thanked Rabbi Jen
Feldman, who could not attend the event. She said she, the Rabbi, and a member of the HRC
met prior to the event, and the conversation was helpful.
Chair Rich said the Internet is spotty in the facility tonight.
Chair Rich said she also attended the women's event in Raleigh, and she drove Ms. V
(one of the local women who were recognized) to this event. She said she is a freshman at the
University of North Carolina, and is a lovely, inspiring young lady.
Chair Rich said she worked with Fred Battle on the OWASA board, and he was always
very concerned about wasting water and leaky pipes that resulted in high water bills.
Commissioner Price said in addition to a proclamation for Fred Battle, she would also
like to send something to the family. She said Fred had a present throughout Orange County,
and his legacy is great, and there is much work to be done to honor it, and continue his work.
4. Proclamations/ Resolutions/ Special Presentations
a. Sexual Assault Awareness Month Proclamation
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The Board considered voting to approve a proclamation recognizing April 2019 as
Sexual Assault Awareness Month in Orange County and authorize the Chair to sign.
BACKGROUND:
The Orange County Rape Crisis Center, a non-profit, volunteer agency which has been serving
the community since 1974 is working with others in the community to stop sexual violence and
its impact through support, education and advocacy. Sexual assault is the most costly crime to
its victims considering factors such as medical cost, lost earnings, pain, suffering and lost
quality of life. The Orange County Rape Crisis Center assisted over 700 survivors of sexual
violence, their loved ones, and community professionals during 2018.
The coordination of the Orange County Sexual Assault Response Team (SART) is bringing
together members of law enforcement, the medical community, the legal system and other
community advocates to improve services for survivors of sexual assault who come forward.
The Board of Commissioners is asked to proclaim April 2019 as "Sexual Assault Awareness
Month" in Orange County to encourage all residents to speak out against sexual assault, and to
support their local communities' efforts to provide services to victims of these appalling crimes.
The Board has approved similar resolutions in prior years.
Rachel Valentine, Executive Director of the Orange County Rape Crisis Center read the
proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
Proclamation
"Sexual Assault Awareness Month"
WHEREAS, the Orange County Rape Crisis Center assisted over 700 survivors of sexual
violence, their loved ones, and community professionals during 2018; and
WHEREAS, the Orange County Rape Crisis Center works with the county's two school systems
and other groups to provide students with age-appropriate information about violence
prevention, reaching over 17,500 youth and adults each year; and
WHEREAS, the coordination of the Orange County Sexual Assault Response Team (SART) is
bringing together members of law enforcement, the medical community, the legal system, and
other community advocates to improve services for survivors of sexual assault who come
forward; and
WHEREAS, 1 in 5 American women have been sexually assaulted at some point in their lives
(Centers for Disease Control and Prevention, 2010); and
WHEREAS, in the United States rape is the most costly crime to its survivors, totaling $127
billion a year considering factors such as medical cost, lost earnings, pain, suffering, and lost
quality of life (U.S. Department of Justice, 1996); and
WHEREAS, in the United States 1 in 3 women and 1 in 4 men have experienced some form of
sexual or physical violence committed by an intimate partner (Centers for Disease Control and
Prevention, 2010); and
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WHEREAS, there are more than 18,000 sex offenders registered as living in North Carolina (NC
State Bureau of Investigation, 2019); and
WHEREAS, victim-blaming continues to be an enormous problem in instances of rape and
sexual assault; and
WHEREAS, the Orange County Rape Crisis Center, a nonprofit agency that has served this
community since 1974, is working to stop sexual violence and its impact through support,
education, and advocacy;
NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners,
do hereby proclaim the month of April 2019 as "SEXUAL ASSAULT AWARENESS MONTH,"
and encourage all residents to speak out against sexual violence and to support their local
community's efforts to prevent and respond to these appalling crimes.
This the 2nd day of April 2019.
A motion was made by Commissioner Dorosin, seconded by Commissioner Price for the
Board to approve the proclamation designating April 2019 as "Sexual Assault Awareness
Month" in Orange County and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
b. Fair Housing Month Proclamation
The Board considered voting to approve a proclamation designating April 2019 as Fair
Housing Month in Orange County and authorize the Chair to sign.
Annette Moore presented the information below:
BACKGROUND:
The month of April is National Fair Housing Month. April 2019 will mark the 51 st anniversary of
the enactment of the Federal Fair Housing Act of 1968 and the 25th anniversary of the Orange
County Civil Rights Ordinance. These laws grant every person a right to live where they choose,
free from discrimination on the basis race, color, national origin, sex or gender, religion, familial
status, or disability. The Orange County Civil Rights Ordinance, established in 1987, adds
additional protections from discrimination based on age and veterans status.
During Fair Housing Month the Human Rights and Relations Department and the Human
Relations Commission, along with other community organizations, will co-sponsor a variety of
events to commemorate Fair Housing Month. In addition to an Emergency Preparedness Power
of Attorney Clinic, the County will also host and co-sponsor other events.
The County also acknowledges its Community Partners in the Community Book Read —
Empowerment, Habitat for Humanity, Marian Cheek Jackson Center, Orange County Affordable
Housing Coalition, Orange County Partnership to End Homelessness, Orange County
Affordable Housing Advisory Board and the Orange County Housing Authority.
Annette Moore said HUD and Fair Housing Assistance Program (FHAP) closed 7985
cases nationally, and received almost $9 million in monetary relief for complaints. She said at
the end of 2017, there was 84 FAPS; 49 that serve a locality, like Orange County, and 35 that
provide statewide services. She said FHAP closed in 2017 6329 of the 7985 cases. She said
6878 complaints were filed with FHAP, the greatest number of which was based on disability,
which holds true in Orange County too (59.47%) and is twice as many as the next category,
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which is race. She said Orange County conciliated 7 cases and no caused 4 cases, of the 11
cases received. She said HUD told Orange County that it closed more cases than some of the
large agencies, which was surprising.
Deborah Stroman, Human Relations Commission Chair, read the resolution:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
FAIR HOUSING MONTH
WHEREAS, April 11, 2019 marks the 51" anniversary of Title VIII of the Civil Rights Act of
1968 (formally known as the Fair Housing Act) and the 36t" anniversary of the
North Carolina Fair Housing Act prohibiting discrimination in housing on the basis
of race, color, sex or gender, religion, national origin, disability and familial status;
and
WHEREAS, the Orange County Board of Commissioners enacted the Orange County Civil
Rights Ordinance on June 6, 1994, which affords to the residents of Orange
County the protections guaranteed by the Fair Housing Act and additionally
encompasses the protected classes of Veteran Status and Age; and
WHEREAS, Orange County and the U. S. Department of Housing and Urban Development as
well as concerned residents and the housing industry are working to make fair
housing opportunities possible for everyone by encouraging others to abide by
the letter and the spirit of fair housing laws; and
WHEREAS, the U.S. Department of Housing and Urban Development annually declares the
month of April as National Fair Housing Month; and
WHEREAS, despite the protections afforded by the Orange County Civil Rights Ordinance and
the Fair Housing Act, illegal housing discrimination still occurs in our nation and
within our County; and
WHEREAS, by supporting and promoting fair housing and equal opportunity, we are
contributing to the strength of our County, State and Nation;
NOW, THEREFORE, we, the Board of County Commissioners of Orange County North
Carolina, do proclaim April 2019 as FAIR HOUSING MONTH and commend this observance to
all Orange County residents.
This the 2"d day of April 2019.
A motion was made by Commissioner Greene, seconded by Commissioner Dorosin for
the Board to approve the proclamation and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
c. Community Development Week Proclamation
The Board considered voting to approve a proclamation designating April 22-26, 2019 as
Community Development Week in Orange County, North Carolina and authorize the Chair to
sign.
Sherrill Hampton, Housing Director, presented the information below:
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BACKGROUND: The week of April 22-26, 2019 is designated as National Community
Development Week. Its purpose is to showcase the Community Development Block Grant
(CDBG) and the HOME Investment Partnerships (HOME) Programs, which are both
administered by the U.S. Department of Housing and Urban Development (HUD). Since 1975,
the CDBG Program has been an important source of funding for communities to address a
broad array of affordable housing and community and economic development needs. The
HOME Program, since 1992, has provided funding to local communities to create or retain
affordable housing for low-income households.
The theme for this year's National Community Development Week is "CDBG and HOME Make
Communities Better Places to Live and Work."
In recognition of National Community Development Week, Orange County's Department of
Housing and Community Development will co-sponsor a National Community Development
Week exhibit at the Orange County Main Library, Carrboro Branch Library and the Chapel Hill
Public Library to showcase books that touch on the many facets of community development.
Books will range from the landmark The Power Broker, by Robert A. Caro to P.E. Moskowitz's
recent How to Kill a City: Gentrification, Inequality, and the Fight for the Neighborhood. In
addition, the Housing and Community Development Department will host other activities during
the week, including posting stories on the County's Website showcasing the applicable work of
the County's various community partners, etc.
Sherrill Hampton read the proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
COMMUNITY DEVELOPMENT WEEK
WHEREAS, the week of April 22-26, 2019 has been designated as National Community
Development Week to recognize and celebrate the Community Development
Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME)
Program; and
WHEREAS, the theme for the 2019 National Community Development Week is "CDBG and
HOME Make Communities Better Places to Live and Work"; and
WHEREAS, for the past 44 years, the CDBG Program has provided annual funding and
flexibility to local communities to provide safe, decent and affordable housing, a
suitable living environment and affordable housing opportunities to low and
moderate income persons and families; and
WHEREAS, for the past 27 years, the HOME program has provided funding to local
communities to create and preserve safe, decent and affordable housing for low
income persons and families; and
WHEREAS, last year the Orange County HOME Consortium, consisting of Orange County and
the towns of Carrboro, Chapel Hill and Hillsborough, received a total of$401,340
in HOME funds that were used for second mortgage assistance, acquisition of
affordable rental housing and tenant-based rental assistance; and
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WHEREAS, every $1.00 of HOME grant funding leverages more than $4.00 in other funding to
help further expand the critically-needed supply of affordable housing;
NOW, THEREFORE, we, the Board of County Commissioners of Orange County, North
Carolina, do hereby proclaim April 22-26, 2019 as COMMUNITY DEVELOPMENT WEEK and
commend this observance to all Orange County residents.
This the 2nd day of April 2019.
A motion was made by Commissioner Price, seconded by Commissioner McKee for the
Board to approve the proclamation and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
d. Proclamation Recognizing the 110t—" Anniversary of the NAACP (formerly Item 84)
The Board considered voting to approve a proclamation recognizing the 110th
Anniversary of the National Association for the Advancement of Colored People (NAACP) in
2019.
Commissioner Dorosin read the proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION RECOGNIZING
THE 110T" ANNIVERSARY OF THE NAACP
WHEREAS, the National Association for the Advancement of Colored People (NAACP) was
founded in 1909; and
WHEREAS, the bi-racial endeavor to advance justice for African Americans was formed by a
group including W. E. B. DuBois, Mary White Ovington, Ida B. Wells-Barnett and
Henry Moskowitz; and
WHEREAS, the charter of the NAACP states its mission as follows: "To promote equality of
rights and to eradicate caste or race prejudice among the citizens of the United
States; to advance the interest of colored citizens; to secure for them impartial
suffrage; and to increase their opportunities for securing justice in the courts,
education for the children, employment according to their ability and complete
equality before the law."; and
WHEREAS, during the early decades of the NAACP, an anti-lynching campaign was central to
its agenda; and
WHEREAS, the NAACP played a pivotal role in the civil rights movement of the 1950s and
1960s; and
WHEREAS, one of the organization's key victories was the U. S. Supreme Court's 1954
decision in Brown v. Board of Education that outlawed segregation in public
schools; and
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WHEREAS, the mission of the NAACP has evolved today "to secure the political, educational,
social, and economic equality of rights in order to eliminate race-based
discrimination and ensure the health and well-being of all persons"; and
WHEREAS, the NAACP has grown to more than half a million members worldwide; and
WHEREAS, historically marginalized and oppressed people remain encouraged and continue
the march for the full measure of social justice and equality that they believe they
shall achieve one day;
NOW, THEREFORE, the Orange County Board of Commissioners hereby recognizes the 110tn
anniversary of the National Association for the Advancement of Colored People,
and urges all residents to support and engage in the ongoing struggle to ensure
justice and equality for all of humanity...locally, nationally and globally.
This the 2nd day of April 2019.
A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
approve the proclamation recognizing the 110th Anniversary of the National Association for the
Advancement of Colored People (NAACP) in 2019.
VOTE: UNANIMOUS
e. Update on Current Tax Base and 2021 Countywide Revaluation
The Board received an update on the current state of taxable property in Orange
County, and received an overview of the 2021 revaluation process.
BACKGROUND:
Counties in North Carolina are required to conduct a revaluation of all real property at least
once every eight (8) years. Orange County, like many other counties, has adopted a resolution
to advance the cycle to once every four (4) years. The last revaluation of real property in
Orange County took effect January 1, 2017, and the next is scheduled for January 1, 2021.
Dwane Brinson, Tax Administrator, made the following PowerPoint presentation:
2019 Real Estate Update
T. Dwane Brinson, CAE
Orange County Tax Administrator
General Information
• All 2017 revaluation appeals have been resolved.
• Currently accepting and working with taxpayers on appeals for the 2019 tax year.
• Have begun working on the revaluation to take effect January 1, 2021.
New NCDOR Standards
• NCDOR issued new procedural standards for all 100 counties.
0 1% random sample of improved properties due September 1, 2018
■ Square Footage Data: NCDOR Standard — 95%, Orange County—
98.21%
■ Objective Data: NCDOR Standard — 95%, Orange County—98.30%
■ Subjective Data: NCDOR Standard — 90%, Orange County— 97.11%
o Reappraisal plan due January 1, 2019
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■ Budget
■ Staffing levels
• Outsourcing needs
■ Timeline
2021 Revaluation Timeline
• January 2019 — December 2019: Initial property visits
• January 2019 — December 2020: Sales analysis
• January 2019 — September 2019: Land pricing
• January 2019 — December 2020: Data entry
• January 2019 — December 2020: Testing
• May 2020 —August 2020: Building of Schedule of Values
• September 2020 — November 2020: Adoption of Schedules
• December 2020 — February 2021: Notices of Value
• January 2021 — June 2021: Appeals
2018 Market Sales Statistics — NCDOR Annual Report
• Number of qualified market sales: 421
• Sales ratio measurement
o Median = .91
o Mean = .932
o COD = 12.99
o PRD = 1.014
o Range = 1.604
Commissioner Dorosin asked if there is a process for determining which random sales to
choose.
Dwane Brinson said staff submits the last book and page to the Department of Revenue
each year. He said the Department of Revenue gives staff a sample of sales to analyze, and if
a sale does not qualify (related party sale, corporation sale, etc.), staff skips it and goes on to
the next market sale.
Community Initiatives
2021 Revaluation Community Initiatives
• PUBLIC COMPER
o Simple, convenient way to find and compare sales
o Available to anyone, anywhere — no need to spend money on a private appraisal
to appeal
o Effective method of appealing
• ONLINE PROPERTY RECORD CARD (PRC) AND CHANGE REQUEST
o Easy-to-understand format to review property characteristics
o Method to electronically submit a change request to appraisal staff
Important Tax Dates and Reminders
Commissioner Price asked if the color of the card could be changed.
Dwane Brinson said yes.
f. Reappointment of Tax Administrator (formerly item 8-d)
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The Board considered voting to approve a resolution reappointing Timothy Dwane
Brinson as Orange County Tax Administrator to a four-year term effective July 1, 2019.
A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
to approve a resolution reappointing Timothy Dwane Brinson as Orange County Tax
Administrator to a four-year term effective July 1, 2019.
VOTE: UNANIMOUS
g. Appointment of Five (5) Deputy Tax Collectors (formerly Item 8-e)
The Board considered voting to reappoint Valerie Curry, Bernice Gwynn, and Bobbie
Underwood as Deputy Tax Collectors for a four-year term, effective July 1, 2019, and to appoint
for the first time Rebecca Lee and Tonya Smith as Deputy Tax Collectors for a four-year term,
effective July 1, 2019.
A motion was made by Commissioner Price, seconded by Commissioner Bedford to
reappoint Valerie Curry, Bernice Gwynn, and Bobbie Underwood as Deputy Tax Collectors for a
four-year term, effective July 1, 2019, and to appoint for the first time Rebecca Lee and Tonya
Smith as Deputy Tax Collectors for a four-year term, effective July 1, 2019.
VOTE: UNANIMOUS
h. Presentation of Manager's Recommended FY 2019-24 Capital Investment Plan
(CIP) (formerly Item 44)
The Board received the Manager's Recommended FY 2019-24 Capital Investment Plan
(CIP).
Bonnie Hammersley said Travis Myren and Paul Laughton took the lead on the CIP
process since she was involved in the outside agency review process and Travis Myren would
give a high level view of the CIP and there is a CIP work session scheduled for April 9th where
staff will go into more depth and detail about the CIP.
BACKGROUND:
Each year, the County produces a Capital Investment Plan (CIP) that establishes a budget
planning guide related to capital needs for the County as well as Schools. The current CIP
consists of a 5-year plan that is evaluated annually to include year-to-year changes in priorities,
needs, and available resources. Approval of the CIP commits the County to the first year
funding only of the capital projects; all other years are used as a planning tool and serves as a
financial plan.
Capital Investment Plan — Overview
The FY 2019-24 CIP includes County Projects, School Projects, and Proprietary Projects. The
School Projects include Chapel Hill-Carrboro City Schools, Orange County Schools, and
Durham Technical Community College— Orange County Campus projects. The Proprietary
Projects include Water and Sewer, Solid Waste Enterprise Fund, and Sportsplex projects.
The CIP has been prepared anticipating moderate economic growth of approximately 2% in
property tax growth and 4% in sales tax growth annually over the next five years. Many of the
projects in the CIP will rely on debt financing to fund the projects.
RE: Manager's Recommended FY 2019-2024 Capital Investment Plan
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1 am pleased to submit the County Manager's Recommended Capital Investment Plan (CIP) for
FY 2019-24 for your consideration. The CIP serves two important functions. First, it authorizes
capital appropriations for the next fiscal year, but it also serves as a plan for the future. The Plan
contains detailed recommendations for capital projects five years into the future and more
general descriptions of projects proposed in the subsequent five years, projecting capital
spending a total of ten years into the future. These future project plans are integrated into the
County's debt model and budget projection model for long term financial forecasting.
Recommended capital expenditures for FY 2019-20 total $47.4 million. Of this amount, $10.1
million is recommended for County capital projects, $2.9 million is recommended for proprietary
fund spending including water and sewer projects, Solid Waste, and Sportsplex, and $34.4
million is recommended for school capital improvements.
The recommended FY 2019-20 CIP represents a decrease of approximately $19.3 million
compared to the FY2018-19 Amended CIP. The FY2018-19 amended capital budget included
several large projects such as the second allocation of the affordable housing bond ($2.5
million), the Northern County Campus ($34.7 million), the Southern Branch Library ($5.6
million), and building remediation projects ($3.5 million).
This memorandum describes projects that are recommended in the first year of the FY2019-24
CIP and other significant changes that are recommended for consideration in future years.
Policy Priorities
The Board of County Commissioners adopted a variety of policy priorities in 2016 consistent
with existing Board goals. The CIP recommends funding associated with many of those
priorities as well as funding for projects that have been introduced and approved conceptually
as part of the Board's regular legislative process.
• County Facility Resiliency to Climate Change - $3.25 million
During the FY2018-19 fiscal year, the County confronted several large scales,
emergency repairs related to water intrusions from extreme weather events. The
impacted facilities included the Battle Courtroom, the Government Services Annex,
and the Phillip Nick Waters Emergency Services Building. These repairs
necessitated several amendments to the FY2018-19 Capital Budget totaling $3.5
million. Additional amendments are anticipated to advance the remediation of the
Link Government Services Center, Government Services Annex, and Soltys Adult
Care facility.
The FY2019-20 CIP is recommending increasing the investment in County facilities
to improve their resiliency to more intense and frequent weather events. The
recommended investments are contained in four CIP Projects.
o Government Services Annex/Board of Elections - $375,000
During FY2018-19, the County invested $643,290 to complete urgent repair
and remediation of the Government Services Annex. An additional capital
budget amendment will be presented for Board consideration for an
additional $704,360 to complete many of the remaining remediation activities.
These emergency remediation activities included relocating the electrical
service, replacing the heating, ventilation and cooling (HVAC) system, and
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cleaning all of the surfaces and equipment. The underlying cause of water
intrusion and moisture in this facility is its location within the flood plain. Due
to this location, any significant rain event causes flooding in the basement.
This project proposes to correct the root cause by sealing the basement from
the first floor of the building and installing storm water diversion and drainage
improvements.
o Heating, Ventilation, and Cooling (HVAC) Projects - $1,157,500
The FY2019-20 CIP recommends increasing the investment in HVAC
projects to mitigate humidity in County facilities. The FY2018-19 investment
totaled $142,000; however, $105,000 was repurposed for emergency
remediation projects. Comparatively, the recommended FY2019-20
investment is over$1.1 million. This project includes a Humidity Impact Study
($50,000) as well as system replacements for the Central Recreation Facility
($165,000), Hillsborough Commons ($88,000), Mural Courtroom ($32,000),
Seymour Center ($132,000), and the Southern Human Services Center
($357,000). This project also contains a backup cooling unit for the County's
data center ($35,000) and an emergency replacement fund ($50,000) for
unexpected equipment failures.
o Roofing and Fagade Projects - $1,142,800
The goal of the Roofing and Fagade project is to repair known points of
failure and to proactively identify measures to protect County facilities from
water intrusions. The FY2018-19 Capital Budget included $369,800 in roofing
and fagade repairs. Of this amount, $174,800 was repurposed for
remediation projects, and a new $41,200 will be requested to complete
urgent roof repairs on the District Attorney's building.
The FY2019-20 project recommends nearly $1.2 million in roofing and fagade
investments. This project will fund a Building and Fagade study ($25,000)
and a third party inspection process ($55,000) as preventative elements.
Funding is also recommended to repair or replace roofing and fagade
features at the Motor Pool Facility ($180,500), Central Recreation ($45,000),
Hillsborough Commons ($376,000), the Justice Facility ($103,000), Orange
County Public Transportation ($40,000), and the Seymour Center ($55,000).
The project also funds design services for a large roofing projects at the
Southern Human Services Center ($64,000) as well as a partial window
replacement at the Whitted Building ($111,300).
o Whitted Site Drainage and Storm Water Improvements ($575,000)
The Whitted Building is positioned at the bottom of a hill, subjecting the
facility to significant storm water impacts. These impacts have created water
intrusion issues from the exterior of the building. This project recommends
site drainage improvements, facility waterproofing, and grading changes to
prevent water from penetrating the exterior walls.
• Criminal Justice Resource Department- $216,300
The Criminal Justice Resource Department is currently located in the Justice Center.
The Board of Commissioners has supported the growth of this department to improve
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outcomes for residents involved in the criminal justice system as well as those at risk of
involvement. As the department has grown in scope and complexity, additional office
space will be required to meet the needs of additional staff. The FY2019-20 CIP
recommends $216,300 to remodel underutilized office space in the Justice Facility to
accommodate current staffing needs and future growth.
• Facility Accessibility and Security Improvements - $371,000
The FY2019-20 CIP recommends several improvements to facility access. The two
largest projects in this category would create an accessible sidewalk to River Park from
the new bus stop on Churton Street ($88,000) and repair the steps, sidewalk and curb
outside of the Whitted Building. The project also recommends the installation of
Automatic Emergency Defibrillators at several County facilities.
• Economic Development— Piedmont Food Processing Facility Improvements -
$185,000
Part of the County's economic development strategy is to facilitate the use of locally
grown food and to support the growth of small businesses. The Piedmont Food
Processing Facility provides a low cost food production environment to reduce barriers
to entering the food production market. This project recommends installing a pre-cast
grease interceptor to comply with food production facility regulations as well as a drive
over drain for food trucks to easily dispose of waste water. The FY2019-20 CIP also
recommends a $125,000 emergency generator to provide consistent cooling capability
during a power interruption. Both of these projects are recommended to be funded using
Article 46 Economic Development sales tax fund balance.
• Sustainability Bank - $50,000
The Sustainability Bank project provides funding for small scale sustainability or
renewable energy projects. During the upcoming fiscal year, departments will be asked
to submit project proposals. These proposals will be evaluated and ranked by a staff
team and approved by the Board of Commissioners prior to implementation. Priority will
be given to projects that leverage outside funding or serve as the local match for grant
applications. Funding for the Sustainability Bank was reallocated from the Board's
Technology Initiatives project. The Technology Initiatives project has not been used for
several years and currently has a balance of$200,000.
• Broadband Expansion Project - $150,000
During FY2018-19, the County created a public private partnership with Open
Broadband to expand broadband access to parts of the County that do not have access
to broadband speed and reliability. The first phase of the project focused on northern
Orange County. This project proposes a second phase to focus expand service in the
southwest portion of the County.
• Sheriff Office Body Worn Cameras - $158,380
The FY2018-19 CIP provided $300,000 to implement body worn cameras in the Sheriff's
Office. The FY2019-20 CIP recommends adding $158,380 to this project to equip all
sworn officers in the Sheriff's Office with body camera technology.
• Emergency Medical Services (EMS) Substation - $450,000
The Board has supported the development of new Emergency Medical Services (EMS)
Substations to upgrade and strategically locate emergency response facilities
throughout the County. The FY2017-18 CIP included a partnership with the Orange
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Rural Fire Department and the Town of Hillsborough to collocate an EMS substation with
a fire station and police substation in the Waterstone development in Hillsborough. New
construction cost estimates suggest an additional $350,000 will be needed to fund the
County's share of construction. This project also adds a total of$100,000 for furniture,
fixtures, and equipment in both the Waterstone Station and the Buckhorn/Efland Station.
• Economic Development— Hillsborough EDD Water and Sewer Project - $1,060,000
In FY2017-18, the Board authorized funding to conduct an analysis of the County's
Economic Development Districts (EDD's). This report highlighted the importance of
having sites that are prepared for development including the availability of water and
sewer service. The County has previously appropriated over$5.5 million to build out
water and sewer infrastructure in the economic development districts to stimulate
commercial and industrial development and job creation. The recommended CIP for
FY2019-20 adds $1,060,000 to the Hillsborough EDD project due to rising construction
costs and additional rock discovered in the subsurface that was not anticipated when
this project was initially budgeted. Debt service on water and sewer projects is paid
using the portion of Article 46 sales tax revenue dedicated to economic development.
• Orange County Southern Branch Library—$750,000
In October of 2017, the Board approved a development agreement with the Town of
Carrboro to jointly develop a new facility at 203 South Greensboro Street. The facility
would include space for the County's Southern Branch Library as well as Town offices.
Funding for the construction phase of this project was approved in FY2018-19 at $5.6
million. The additional $750,000 recommended in FY2019-20 is intended to fund the
furniture, fixtures, and equipment for the new library. The CIP also continues to
recognize the additional operating expenses that will be required to operate this new
branch. The net new operating costs are currently estimated at approximately $650,000
annually after deducting the operating costs associated with the two existing County
funded library resources in the Town of Carrboro.
• School Capital Improvements - $34.4 million
The recommended CIP includes a total of$34,377,500 to finance a variety of school
capital improvements and deferred maintenance.
This total amount includes approximately $20 million in general obligation bond funds for
Orange County Schools. This $20 million project will include the construction of a
classroom wing at Cedar Ridge High School, roofing projects, and mechanical system
replacements at several schools. This allocation to Orange County Schools represents
the second of three bond fund allocations for Orange County Schools. The third
installment for both Orange County Schools and Chapel Hill Carrboro City Schools is
scheduled to occur in FY2021-22. This allocation will total approximately $14.5 million
and will exhaust the $120 million in bond funds approved by voters in 2016.
The Recommended CIP also includes $3 million in funding for deferred maintenance
projects. When the County issued $85.4 million in general obligation bonds in FY2017-
18 primarily for Chapel Hill High School, it received a bond premium from investors
seeking the favorable tax exempt status of these bonds. The County received a total of
just over$6 million in bond premium. The majority of this premium is recommended to
be reinvested in school deferred maintenance over the next two fiscal years.
The remainder of the funding for school capital projects comes from a mix of sources
including lottery proceeds, Article 46 sales tax proceeds, and $1 million in debt financing
specifically targeted at facility improvements in older schools.
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Information Technology and Communications
Significant information technology and communication improvements are financed through the
Capital Investment Plan. These projects maintain and expand the capabilities of the County's
current information technology infrastructure, employ new technologies to better meet the needs
of County residents, protect and store critical data, and improve internal operating efficiencies.
• Information Technology Governance Council Initiatives - $390,000
The Information Technology Governance Council includes representatives from each of
the County's Functional Leadership Teams. The Council evaluates department requests
for new technology and scores those requests based on established criteria. For
FY2019-20, the Council scored a total of nineteen (19) requests, and the eight (8)
highest ranking projects are recommended for funding. The cost of these projects total
$390,000. The projects include Pass Management software for Department on Aging,
Pre-Arrest Diversion Program software for the Criminal Justice Resource Department,
Lacherfishe Enhancement for records storage and retrieval, Patient Care Hardware
replacement for Emergency Services, Neo-Gov Learning Management System to be
used by all County departments, and detention grade security cameras for the Sheriff's
Office.
• Information Technology Infrastructure Initiatives - $560,000
The FY 2019-20 CIP also recommends $560,000 for Information Technology
Infrastructure. These infrastructure projects include server upgrades, end user point
replacements, data storage, network improvements, and the continued deployment of
wireless capabilities.
• Register of Deeds Automation - $80,000
The Register of Deeds Automation project is funded using automation fees that are
specifically designated by State Statute to improve technology capabilities in the
Register of Deeds Office. Each year, the County budgets $80,000 which is allowed to
accumulate over time to make these significant technology investments. For example,
these funds were used in FY2018-19 to upgrade the Register of Deeds recording
software.
• Communication System Improvements - $273,250
The County has been engaged in a multiyear effort to replace its radio communication
equipment to provide a consistent radio platform for first responders. For FY2019-20,
$273,250 is recommended to complete the replacement of 76 mobile radios and 55
portable radios in the Sheriff's Office.
Building and Infrastructure Improvements
The Recommended CIP also includes building and infrastructure investments that are important
to the continued safety, security, and maintenance of County facilities and operations.
• Court Street Annex - $188,600
The Court Street Annex houses Juvenile Justice and Adult Probation and Parole offices.
The majority of the requested funding in FY2019-20 ($125,000) is to address restroom
accessibility deficiencies. The remaining funds would be used to install security and to
make other minor cosmetic improvements. This facility is located next to the current
Detention Center and will be included in the planning process for the future of that site.
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• Justice Facility Improvements - $43,220
The County is responsible for providing facilities for the court system. FY 19-20 funding
is requested to replace recessed lighting fixtures in the Mural Courtroom with LED
fixitures, install a counter in the Juvenile Section of the Clerk of Court's Office to
increase security, install glass partitions at the Clerk of Courts counter to enhance
security, and improve the furniture within the Probate Office to ensure privacy.
• Lake Orange Dam Rehabilitation - $95,000
Lake Orange is a Class II public water supply reservoir owned by Orange County. The
Lake's primary uses are to serve as a public water supply as designated by the North
Carolina Department of Environmental Quality (NCDEQ) and to maintain minimum flows
in the Eno River, as defined within the Eno River Water Management Plan. In the Fall of
2018, NCDEQ and a private engineering firm conducted an inspection of the lake
Orange Dam that identified numerous deficiencies. This project would begin a multi-year
approach to repair these deficiencies, addressing high priority projects in FY2019-20
and FY2020-21. These projects include blasting and painting the intake tower beams
and gate actuators and replacing the concrete expansion joints and sluice gate.
• Major Plumbing Repairs - $250,780
Three large plumbing projects are proposed in the FY2019-20 CIP. The first project
would repair the underground hot water piping at the Whitted Building. This piping failed
over the winter which revealed urgent repairs and caused significant service disruption.
The second project would repair the septic tank line under the Cedar Grove Community
Center to improve flows. This project is intended to address sewer system failures during
high capacity events. If this repair does not correct the capacity deficiencies, a $2 million
system replacement is envisioned for FY2022-23. Finally, this project would connect the
Orange County Public Transit facility to the Town of Hillsborough sewer.
• Parking Lot Improvements - $145,500
Funding approved in FY2018-19 included asphalt repairs, gravel, and site work for the
Sheriff's Office and OCPT vehicle fleets at the Motor Pool facility. This funding was
repurposed during FY2018-19 for emergency remediation projects. Therefore, funding is
requested to complete this work in FY2019-20. Other funding requested in FY2019-20
includes a professional assessment for the Eno River Parking Deck and paving the
David Price Farmer's Market Pavilion parking area.
• Whitted Medical Clinic Renovations - $68,200
The Whitted medical clinic waiting room is currently underutilized. This project requests
$68,200 to create four office spaces. An underutilized storage room in the Whitted
medical clinic would replace the current waiting area. The new waiting area will be next
to the entry to the clinic and would improve wayfinding and patient flow. This project is
funded using Medicaid Maximization Funds.
Parks, Open Space, and Trail Development
The Board has consistently expressed support for parks, open space, and trail development
that preserves natural areas of the County and promotes nature activities for County residents.
This support is represented by the Parks and Open Space Master Plan as well as the individual
master plans that have been adopted and periodically updated for each park property. The
FY2019-20 CIP recommends funding for the following projects:
• Cedar Grove Park Phase II - $550,000
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Funding proposed in FY 2019-20 would fund Phase II-A of the Park's development. This
phase of development would feature an additional small baseball/softball fields to
address the loss of similar t-ball fields in Hillsborough in 2020 and associated parking
and infrastructure. Phase II-B in Years 6-10 would add tennis courts, a picnic shelter and
additional parking.
• Mountains to Sea Trail - $289,000
The Mountains to Sea Trail (MST) is a part of the N.C. State Parks system that is
planned to connect the Great Smoky Mountains with the Outer Banks by trail. A portion
of the trail runs through Orange County. Funding requested in FY2019-20 would be used
to acquire easements and construct trail segments of the MST from Buckhorn Road
south, on and around the OWASA-owned lands at Cane Creek Reservoir, and
continuing to the Alamance County line. The initial segment will also include pedestrian
crossing improvements over Interstate 85/40.
• River Park Phase II - $150,000
River Park is located behind the justice facilities in Hillsborough. Several improvements
to the park are currently underway. These improvements anticipated a small scale
performance shell, but as needs and opportunities were evaluated, an enhanced
performance shell could significantly benefit the park and service to residents. FY2019-
20 funding is included to construct an enhanced performance shell using outside funds
raised through a private fundraising campaign.
• Little River Park Phase II - $50,000
Little River Park is a joint Orange County and Durham County initiative guided by an
Interlocal agreement that divides expenses equally between the two counties. Funding
requested in FY2019-20 is intended to address the Laws House, which stands at the
park entrance and has been stabilized pending a future decision on use or
deconstruction.
• Fairview Park Improvements - $67,000
A site assessment study for the former landfill area at Fairview Park was started in FY
2017-18 to investigate opportunities for remediation and park development. This multi-
year assessment is underway and will continue into the summer of 2020. Funds for the
landfill assessment study as well as the eventual mitigation will be reimbursed by the
State Division of Environmental Quality.
• Cedar Grove Community Center- $107,000
Funding is requested in FY2019-20 to replace funds that were re-purposed in FY 2018-
19. This project will install shower facilities in the Community Center.
• Parks and Recreation Facility Renovations and Repairs - $180,000
Funding of$180,000 is requested in FY 2019-20 for ongoing safety, lighting/energy, park
infrastructure, signage, preventive maintenance and landscape improvements to the
County's seven parks. Each year, park and recreation equipment and facilities need
renovation, safety improvements, repair, replacement and upgrades. This project
provides for a scheduled and prioritized funding source for these needs identified in the
2030 Parks & Recreation Master Plan process.
Vehicle Replacements - $965,550
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The Capital Investment Plan is also used to procure replacement vehicles. The highest priority
vehicles include those used in public safety functions. The FY19-20 CIP requests $965,550 to
replace Sheriff's Office vehicles, an Animal Control vehicle, Ambulance remounts, and an
administrative vehicle for Emergency Services.
Financing the Capital Investment Plan
The Recommended Capital Investment Plan for FY2019-20 totals $47.4 million in expenditures.
Of that amount, $37 million is recommended to be financed by County funded debt. Other
significant sources of funds include Lottery Proceeds and Article 46 sales tax proceeds. Both of
these sources are dedicated to fund school capital needs and are estimated to contribute
approximately $3.3 million to the resources used to support the CIP.
Debt Capacity Target and Next Steps
County policy establishes a debt service capacity target of fifteen percent (15%) of general fund
revenues. As the voter approved general obligation bonds have been issued for school projects
and affordable housing, this policy is expected to be exceeded in future years. Additional
pressure on this policy will occur in future years due to emergency spending on remediation
projects and the increased cost of the Northern County Campus. As the Board considers the
CIP, staff will provide updates and recommend necessary adjustments so that the Board is
comfortable with the current and planned debt over the course of the FY2019-24 CIP.
As the CIP evolves in the future, it anticipates funding for three large projects. The first is a
replacement for the emergency responder radio system. The total cost of this project could
exceed $40 million. This project is currently in the Plan for FY2020-21 and is offset by
contributions from all of the public safety agencies in the County. The second major project is a
new academic building requested by Durham Technical Community College. Current cost
estimates suggest a total project cost of over$26 million. The final significant project
consideration is whether the County proposes additional general obligation school bonds. The
CIP includes the final allocation of the 2016 bonds in FY2021-22. The Plan does not currently
include additional school bond funding.
Travis Myren made the following PowerPoint presentation:
INTRODUCTION OF THE CAPITAL INVESTMENT PLAN FY2019-24
Board of Orange County Commissioners
April 2, 2019
FY2019-24 Investment Themes
• Sustainability and Building Resilience to Climate Change
o County Facility Remediation and Improvements - $3.25 million
o Building and Infrastructure Improvements - $791,300
o Sustainability Bank - $50,000
o Parks, Recreation and Open Space - $1.39 million
• Commitment to School Facilities
o Orange County Schools Bond Projects — $20 million
o Deferred Maintenance - $3 million
• Economic Development
o Piedmont Food Processing Facility- $185,000
o Broadband Expansion Phase II - $150,000
o Hillsborough EDD Supplement - $1.06 million
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• Public Safety
o Sheriff's Office Body Camera Deployment- $158,380
o EMS Substations at Waterstone and Efland - $450,000
o Communication System Radios for Sherriff's Office - $273,250
o Public Safety Vehicle Replacements - $965,550
Capital Investment Plan by the Numbers
• Total Recommended Capital Expenditures - $47.4 million
o County Capital - $10.1 million
o Proprietary Funds - $2.9 million
o School Capital - $34.4 million
• Decrease from FY2018-19 - $19.3 million
o Affordable Housing Bond — 2.5 million
o Northern County Campus - $34.7 million
o Southern Branch Library - $5.6 million
o Building Remediation - $3.5 million
• Debt Service Increase - $982,162
o Tax Rate Equivalent— 0.63 cents
Commissioner Dorosin said the total is $47.4 million, with a decrease of$19.3 million,
and asked if that is already taken out of the $47.4 million.
Travis Myren said yes; the amended 2018-19 CIP was $67 million.
Commissioner Dorosin asked if the projects that are on the decrease, are being pushed
forward.
Travis Myren said the bullets under the decrease are just the big projects that were in
the amended 2018-19 CIP.
Commissioner Greene referred to the Southern Branch Library, and asked if the
County's expense of$5.6 million could be clarified.
Travis Myren said this is the County library space, in which the County will own a
condominium interest.
Commissioner Price referred to page 2 and the sustainability bank, and said the packet
notes that a technology initiatives project has not been used for several years with a balance of
$200,000. She asked if more clarification could be provided.
Travis Myren said there is a board initiatives category in information technologies budget
account, which has been funded at $50,000/year but gone unused for 4 years, so staff is
recommending taking $50,000 out of IT board initiatives (leaving $200,000) and adding it to the
sustainability bank.
FY2019-24 Recommended Capital Investment Plan (pie charts)
• FY2018-19 Expenditures — 80% County Capital
• FY2019-20 Expenditures — 73% School Related Projects
FY 2019-24 Recommended CIP Expenditures (table)
FY 2019-24 Recommended CIP Financing Sources (table)
Ten-year Debt Service (graph)
Five year Debt Service Schedule with Potential Revenue (graph)
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Debt Service to Revenue Policy (graph)
Schedule for Consideration
• Introduction of the Capital Investment Plan —April 2
• Work Session on Capital Investment Plan —April 9
• Further Consideration through Budget Work Sessions
• Approval of the Operating and Capital Budget— June 18
Commissioner Marcoplos referred to the Piedmont Food and Agriculture Processing
Facility (PFAP) improvements, and the purchase of a $125,000 emergency generator. He said
it would useful to know the output of the generator, and the cost of a similar size solar
array/battery and if it would even be feasible.
5. Public Hearings
NONE
6. Regular Agenda
a. Efland-Buckhorn-Mebane Access Management Plan Adoption
The Board will consider adopting the 2019 Efland-Buckhorn-Mebane Access
Management Plan (E-B-M AMP).
Craig Benedict, Planning Director, presented the information below:
BACKGROUND:
On April 3, 2018 the BOCC authorized the Planning Department to update the adopted 2011 E-
B-M AMP in accordance with an approved public and advisory board review.
This update has been conducted through a comprehensive public involvement process which
included community input and recommendations from the Planning Board, Orange Unified
Transportation Board (OUTBoard) and Economic Development Advisory Board (EDAB).
Community Meeting - August 28, 2018
The Planning staff conducted a community meeting at Gravelly Hill Middle School in the
planning area. All public comments are contained in Appendix C of the E-B-M AMP.
Planning Board - October 3, 2018 & Orange Unified Transportation Board - October 17,
2018. The two Boards recommended the BOCC approve the Plan with additional context.
Economic Development Advisory Board - January 8, 2019
The EDAB recommended the BOCC approve the Plan with the reduced connective option.
February 5, 2019 BOCC Public Hearing - No members of the public spoke on the proposed
Plan. The BOCC directed staff to place the item on a subsequent meeting agenda for
consideration.
March 7, 2019 BOCC Meeting - Members of the Mt. Moriah Baptist Church attended and
offered comments on the portion of the plan that reflects a possible rail crossing relocation and
grade separation near Buckhorn Road. The BOCC directed staff to meet with members of the
church to review the plan, respond to questions, and place the item on a subsequent BOCC
meeting for future consideration.
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March 12, 2019 Mt. Moriah Baptist Church Meeting - Staff met with members of the church
and approximately over 40 people attended. The Orange County Planning Director provided an
overview of the plan and some specifics about a possible rail crossing relocation and grade
separation in a 5-10 years horizon. The public notification process for the Buckhorn (and other
areas) Traffic Separation Study (TSS) began in 2016 and was initiated by the North Carolina
Department of Transportation (NCDOT) and the North Carolina Railroad (NCRR). The TSS
includes environmental and cultural impact survey. Residents were shown all three proposed
alignments as recommended in the TSS (Attachment 1) and asked to work with staff to find the
alternative with the least impact. They were also reminded of the two public meetings, public
hearing and public review processes NCDOT and Mebane conducted when drafting and
adopting the TSS. The City of Mebane notified the County of this project and we offered
comments about what alignment option has the least impact (i.e. No impact) to the church and
cemetery and the best alignment for a future intersection to US-70.
The Church has provided a letter to Orange County (Attachment 2) requesting:
• The Mebane TSS for Buckhorn Road be removed from plans and that closing the train
crossing at Buckhorn Road not to be an option.
• A resolution assuring that the E-B-M AMP will not be part of any long rang plans for the
Efland-Buckhorn community's residents and economic future.
Planning Director's Recommendation - The Planning Director recommends that the draft
2019 E-B-M AMP be revised to exclude the elements of the Traffic Separation Study TSS
between the Industrial Drive/Buckhorn Road intersection and US-70 Frazier Road intersection
(Attachment 3). The concerns of the residents will be forwarded to NCDOT and NCRR. The
Planning Director also recommends the BOCC adopt the E-B-M AMP (Attachment 4). Adoption
of the plan will lead to more orderly growth, which promotes the public health, safety, and
general welfare and helps to achieve the purposes of the adopted Comprehensive Plan.
Commissioner Price thanked Craig Benedict and staff for holding the community
meeting.
Commissioner Dorosin asked if there is a plan moving forward.
Craig Benedict said the overall access management plan is a document that goes
beyond the deletion of this, and this plan becomes part of the Unified Development Ordinance
(UDO). He said when development comes forward in the area, staff can refer back to this plan
and take the details into account in the review of any projects.
Commissioner Dorosin said DOT is still looking at rail crossings, and asked if the Board
may need to revisit this again in the future.
Craig Benedict said yes, and the traffic separation study was focused on about 5 other
crossings, back towards Mebane. He said some work has been done with private crossings
from here almost to Durham. He said in the process for getting funding for these types of
projects, there has to be feasibility plans that look at the cultural aspects. He said he would
expect SPOT processes would be involved prior to projects being submitted. He said staff has
to stay on top of things to provide community and Commission input. He said staff will submit
priority lists for projects to be submitted for SPOT 6.0.
A motion was made by Commissioner Dorosin seconded by Commissioner Price for the
Board to adopt the 2019 Efland- Buckhorn-Mebane Access Management Plan (Attachment 4)
with attachment 3 (after situation).
VOTE: UNANIMOUS
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b. Approval to Acquire Property at 509 Central Avenue, Hillsborough
The Board considered voting to approve the exercise of the County's Right of First
Refusal and the acquisition of property at 509 Central Avenue, Hillsborough, NC 27278 at a
purchase price to be negotiated but not to exceed $171,000 plus other associated closing costs,
including the cost of any ad valorem taxes due on the property following closing for the year, in
order to maintain the said property for affordable housing purposes. If the acquisition is
approved, the funds for purchase will be paid out of the Affordable Housing Land Banking Fund.
Sherrill Hampton presented the information below:
BACKGROUND:
On February 20, Delores Bailey, Executive Director of EmPOWERment, Inc., contacted Orange
County's Housing and Community Development Department (H&CD) about the proposed sale
of 509 Central Avenue, Hillsborough, NC and the required pay-off of a $5,000 second mortgage
and satisfaction of the associated Deed of Trust for Shannon Brown, the owner of the property.
H&CD staff notified the County Attorney's Office and began the process of review.
The unit at the 509 Central Avenue property is a 1,077 square foot, 3-bedroom and 2-bath
Ranch-style home. The total acreage of the property is .29 acres. The home was built in 1994.
Adam M. Hooks of Tate-Mosher Appraisal Group, Inc. conducted the private appraisal, and the
home was appraised for$175,000. Attachment 1 provides pictures of the unit and the Property
Map from the Orange County GIS Records.
See below for additional background information:
• In FY 2000, Orange County designated $30,250 and $69,750 in FY 2001 HOME funds
to EmPOWERment, Inc., for the purpose of providing second mortgage assistance for
up to eight (8) low and moderate income families who were assisted in their housing
search by EmPOWERment.
• On June 27, 2003, EmPOWERment provided second mortgage assistance utilizing
HOME funds identified in the preceding Bullet and implemented a Promissory Note,
Deed of Trust and Declaration of Restrictive Covenant with Shannon J. Brown for the
property at 509 Central Avenue, Hillsborough, NC.
• The loan to Ms. Brown did not require any monthly principal or interest payments.
However, if the property was sold or transferred by the Borrower, whether voluntarily or
involuntarily or by operation of law, other than to a qualified buyer or assumer, and also
given any date within 99 years after the date of recording, then all unpaid principal
amount of the loan shall be due and payable.
• Section 4 of the Declaration of Restrictive Covenant sets out the procedure for
enforcement of the affordable housing requirements. See below for the procedure:
o Orange County and EmPOWERment, Inc. are each granted a right of first refusal
to purchase the property.
o No sale assignment, sale, transfer, conveyance or other disposition of the
property or any part there of whether voluntarily or involuntarily or by operation of
law shall be effective unless and until the prescribed procedure has been
followed.
o Notice of Intent to Sell, not less than 90 days prior to the contemplated closing of
transfer, shall be provided to Orange County and EmPOWERment, Inc. Note that
the County did not receive notice until February 20, 2019 and the Closing was
scheduled for February 22, 2019. The County received notice from
EmPOWERment, Inc., and not the seller.
o If the County elects to exercise its right of first refusal then it must notify the seller
within 30 days and purchase the property within 90 days of receiving the Notice
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of Intent to Sell. If both EmPOWERment and the County wish to purchase and
elects to exercise the right of first refusal, EmPOWERment, Inc., shall have
priority.
o If neither Orange County nor EmPOWERment advises the seller in a timely
fashion of its intent to purchase the property, then the seller shall be free to
transfer the property.
• If the County does not exercise its right of first refusal, and the sale of the property
during the affordability period is to a "nonqualified" buyer, the rule regarding the
recapture of fifty percent (50%) of the net proceeds will apply. The rule calculation for
determining the amount of net proceeds owed the County is as follows: Sales price less
(1) selling cost, (2) unpaid principal of original first mortgage (USDA lien), and (3) the
unpaid principal of the County and any other government lien secured by deferred Deed
of Trust and Note.
• Using the formula above, the calculation for this matter is $171,000 - $105,569.64 (this is
the total selling costs taken from the ALTA and is inclusive of the estimated USDA lien
pay-off and County second mortgage balance).
• The net sales proceeds are $65,430.36 and of this amount, $32,715.18 is owed to
Orange County.
• On March 5, 2019, H&CD staff inspected the property at 509 Central Avenue,
Hillsborough, NC and found that approximately $14,000 in repairs is needed.
• On March 18, 2019, H&CD staff met with Ms. Brown and had an exploratory
conversation to not only share the County's goal of expanding affordable housing
opportunities and why it is important for the County to take steps to maintain the
affordability of units supported with the federal, as well as local funds but to also express
potential interest on purchasing the property pursuant to its Right of First Refusal,
contingent upon Board of County Commissioners' approval.
• Should the Board approve the exercise of the County's Right of First Refusal and
acquisition of this property, the County will make a formal Offer to Purchase and
Contract, the form of which is provided in Attachment 2. A draft addendum to the NC Bar
Form Offer to Purchase and Contract is also provided in Attachment 2 and will be used,
if needed. Housing will contract with Attorney Brian Ferrell of Kennon Craver to handle
title work and closing on the property and will also contract with a realtor to handle the
Offer to Purchase. Housing staff is in the process of selecting the realtor.
FINANCIAL IMPACT: A financial impact is anticipated. The conditional approval includes an
acquisition expense of no more than $171,000 to be paid out of the Affordable Housing Land
Banking Fund, plus other associated closing costs, including the amount of ad valorem taxes
due on the property for this year following closing. The present balance of the Affordable
Housing Land Banking Fund is $1,471,628. The rehabilitation cost will be paid out of County
HOME or other applicable housing rehabilitation funds.
PUBLIC COMMENT:
Delores Bailey said she is the Executive Director of EmPOWERment, Inc., who has
benefited greatly from the County, and thanked the Board of County Commissioners for its
support. She said EmPOWERment has grown its housing program since 1998, and it is a
combination of home ownership and affordable rental properties. She said the housing program
is a HUD certified program, which means it is available to provide counseling throughout the
state of North Carolina. She said her team has counseled over 2000 people toward pre-
purchase, away from foreclosure, and towards affordable rentals. She said her team works
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extensively within the community to provide housing education, and safe, affordable housing is
very difficult to find in Orange County. She said if the Board passes the motion this evening, it
will keep an existing affordable property as just that.
Kathleen Ferguson said she is a resident of this neighborhood, and this home is
important for affordable housing and it is a working class neighborhood. She said other houses
on this street will be moving from affordable rentals to market value, and keep this property
affordable is crucial. She asked if the Board would please support this motion.
LaTanya Davis said she works for Empowerment, and they would like to have this house
in its inventory. She said all the affordable rental units are currently occupied, with 30 people on
the waiting list and a yearlong waiting period.
Valencia Thompson said she works for Empowerment, and echoed the previous
comments.
Commissioner Dorosin said he read the abstract and it lays out what would happen if
this house were sold at market value, and asked if the Board approves the purchase of the
house, would the County still get the $32,000.
Sherrill Hampton said staff is negotiating a lower price since the house will need some
rehabilitation. She said the owner has agreed to sell the house for $157,000. She said the
County would not recapture as it would keep it affordable, and would exercise its right so she
would not have to give up half of the net proceeds, but it is at a reduced rate.
Commissioner Price said this is important in this neighborhood, and in this area. She
said affordable homes need to be maintained, and this area could get gentrified very quickly if
proactive steps are not taken. She supported the motion.
Chair Rich said she remembers comments in the past that Hillsborough does not have
an affordable housing problem, but this is no longer true. She said all should be concerned
about this, and be proactive.
Commissioner McKee asked if the normal protocol is to capture half of the net profit on
the sale of any house.
Sherrill Hampton said that is a non-qualified buyer is purchasing true if that property, i.e.:
they are not low income.
Commissioner McKee asked if the house will be sold back to a low-income person.
Sherrill Hampton said it will become an affordable rental.
A motion was made by Commissioner Greene, seconded by Commissioner Price for the
Board to adopt a resolution:
1) Approving the exercise of the County's Right of First Refusal and the acquisition of
property at 509 Central Avenue, Hillsborough, NC 27278 at a purchase price to be
negotiated but not to exceed $171,000 plus other associated closing costs, including the
cost of any ad valorem taxes due on the property following closing for the year, in order
to maintain the said property for affordable housing purposes. If the acquisition
is approved, the funds for purchase will be paid out of the Affordable Housing Land
Banking Fund; and
2) Authorizing the County Manager, after consultation with the County Attorney and/or the
closing attorney retained by the County, to execute the necessary sale documents with
the seller, Shannon Brown; and
3) Authorizing the County Manager, after consultation with the County Attorney, to execute
the necessary documents to transfer purchased property at 509 Central Avenue,
Hillsborough, NC 27278 to EmPOWERment, Inc. for use as an affordable rental unit.
The unit will be rehabbed before the transfer to EmPOWERment, Inc. takes place. The
rehabilitation cost will be paid out of County HOME or other applicable housing
rehabilitation funds.
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VOTE: UNANIMOUS
c. Consideration to Discontinue the Durham-Orange Light Rail Project
The Board considered voting to discontinue the Durham-Orange Light Rail Project as
recommended by the Go Triangle Board of Trustees. This action will satisfy the requirements of
the Interlocal Cost Sharing Agreement for the Durham-Orange Light Rail Transit Project by
formally discontinuing the project and beginning a process to reallocate funds that had been
allocated to the light rail project through an amended Orange County Transit Plan.
Travis Myren presented the information below:
BACKGROUND:
On March 27, 2019, the GoTriangle Board of Trustees voted unanimously to recommend that
the cost-sharing partners in Durham and Orange counties and the Durham - Chapel Hill -
Carrboro Metropolitan Planning Organization discontinue the light-rail project.
According to a statement issued by GoTriangle (Attachment 2), the Federal Transit
Administration informed GoTriangle leadership that due the continued uncertainty with Duke
University, the North Carolina Railroad, and additional environmental assessment needed for
the downtown Durham changes, it is no longer practical to anticipate that the Durham-Orange
Light Rail Project will receive a Full Funding Grant Agreement by November 2019. This means
the project would not be able to meet the November 30 deadline set by the North Carolina
General Assembly and therefore would no longer be eligible for any State funding.
The Interlocal Cost Sharing Agreement for the Durham-Orange Light Rail Transit Project
(Attachment 1) prescribes a decision making process when funding becomes unavailable. It
requires the parties to the agreement to meet within fifteen (15) business days to determine how
to address the situation. One of the options available to the cost share partners is to discontinue
the project. If this option is chosen, the Agreement stipulates that the Staff Working Group
comprised of representatives from each County, GoTriangle, and the Durham — Chapel Hill -
Carrboro Metropolitan Planning Organization shall convene within twenty (20) business days to
begin the process of developing new Transit Plans that reallocate the dedicated transit revenue
that had been allocated to the light rail project.
The legal counsels for each of the parties to the Interlocal Cost Share Agreement have agreed
that a vote by the full Board of County Commissioners will satisfy the requirements of the Cost
Sharing Agreement. This action will formally discontinue the project and begin the process of
amending the Orange County Transit Plan.
FINANCIAL IMPACT: Orange County's contribution to the light rail project was $149.5 million.
These funds will be reallocated through proposed amendments to the Orange County Transit
Plan.
Travis Myren made the following PowerPoint presentation:
Consideration of Discontinuing the Durham-Orange Light Rail Protect
Board of Orange County Commissioners
April 2, 2019
Purpose
Board Approval to Discontinue the Durham-Orange Light Rail Project
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• Authorization for Staff to Define a Process to Amend the Orange County Transit Plan
through the Staff Working Group
Cost Share Agreement Requirements
• Significant Cost Overrun or Unmitigated Funding Shortfalls Trigger Two Requirements:
o Requires the Representatives of the Parties to Meet within Fifteen (15) Business
Days
■ Requirement Satisfied on April 1, 2019
■ Agreement to Have Board Votes in Durham and Orange County to
Discontinue the Project
➢ Orange County Vote April 2, 2019
➢ Durham County Vote April 8. 2019
o If Discontinuation is Approved, Staff Working Group is Required to Meet within
Twenty (20) Business Days to Begin the Process of Developing New Transit
Plans and Reallocating Funds
o Staff Working Group
■ Voting Members from Orange County, GoTriangle, and the DCHC
MPO
■ Durham County included on Regional Project(s)
■ Municipal Partners Involved in Plan Development
o Light Rail Discontinuation Plan
■ Process Started
■ Staff Team Meeting to Discuss Operational Details -April 5
■ Go Triangle Board of Trustees Meeting —April 24
■ Eventual Termination of the Cost Share Agreement
Manager's Recommendation
• Board Approval to Discontinue the Durham-Orange Light Rail Project
• Authorization for Staff to Define a Process to Amend the Orange County Transit Plan
through the Staff Working Group
Public Comment:
Linda Brown said she lives in Chapel Hill, and as Orange County goes forward she
requested that Board of County Commissioners build in tax protection for residents of Orange
County, and fund new routes and new and a carbon free transportation system.
Commissioner McKee asked if GoTriangle will provide the County with shut down costs
pretty soon.
Travis Myren said he will find out on Friday, and can send the Board an email with the
timeline. He said GoTriangle has already started shutting down.
Commissioner Marcoplos said John Talmadge, GoTriangle, said the consultant
contracts are winding down, and if they were to keep spending, as if the plan was going
forward, then borrowing would start in August; as such they are shutting down contracts as
quick as they can.
Commissioner McKee clarified that there are no termination damages on these
contracts.
Travis Myren said that is correct
Commissioner McKee referred to the interlocal agreement and said a lot of it deals with
the light rail portion of the plan. He asked if this plan will be extensively re-negotiated to gain
greater input from Orange County as a whole.
Travis Myren said the interlocal cost share agreement only applied to the light rail, and
once all bills are paid, this agreement will be terminated. He said if there is a subsequent
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regional project that comes through the amendments to the Durham and Orange transit plans,
then another cost share agreement can be completed. He said they need to start from scratch
as to what these local plans will look like. He said there will be extensive public participation as
transit plans are developed.
Commissioner Dorosin asked if in the interim, between now and when the new plans are
developed, would the current transit plan remain in place.
Travis Myren said yes.
Commissioner Price asked if staff can provide an explanation for why the transit tax
(previously assigned to light rail expenses) will stay.
Travis Myren said there is not an automatic sunset on the transit sales tax, and the funds
will be reallocated to an amended transit plan. He said he can provide the Board with the
process that would need to occur in order to terminate the article 43 sales tax.
Commissioner Price said residents are asking why a tax that was intended for light rail
expenses would remain in place when the light rail project is not proceeding.
Commissioner McKee said he assumes there would need to be another referendum to
terminate the tax.
Commissioner McKee said there is no limitation on the types of transit options the
County can pursue. He said there are any number of combinations, and also sees the need for
services to the rural/underserved areas of the County. He said he is excited to see what can be
accomplished.
Travis Myren said the only limits are imagination and resources.
Commissioner Marcoplos said the transportation challenge has not gone away. He said
there are future unmet needs, and this transit tax money will be utilized for the good.
Chair Rich referred to Pittsboro in Chatham County, where the bus service is a non-profit
and the Orange Chatham Work group has been talking about this going public.
Chair Rich said she talked with John Roberts about the original partners of the transit
plan, and said all were at the discussion table, which will continue.
Chair Rich said the meeting yesterday with the partners was yesterday afternoon, with
some present and some called in; and they talked about having the public involved in every step
going forward.
Commissioner Marcoplos ran down the 5 major hurdles that nixed the light rail project:
• Duke University— in 2017 Trask sent a letter of support, but at the last minute
they sent a letter that said they never supported the plan. This made Duke a
disingenuous partner.
• NC Railroad —they made them jump through hoops (money to be paid to
them to be in the ROWs)
• State legislature- did everything they could to knee cap the project-
Rising costs due to voluntary effort - unexpected FTA contingency
requirements
• Federal shutdown
Commissioner Marcoplos said the Board has a lot to think about to fill the void that this
project leaves: economic development (developers prefer light rail over BRT); jobs; issues of
environment and health; housing and social equity around station areas; less parking, etc.
Commissioner Marcoplos said the most effective rapid transit that can be relied upon to
provide fixed duration trips must be located outside the general road traffic. He questioned
whether BRT solutions can be designed that minimizes BRT creep. He said the UNC hospital
area is busiest transit node on the route, with Duke Hospital being similar. He said fitting in new
modes of transit into these already very busy areas will be a challenge. He said connecting the
three universities was a key accomplishment of the LRT route design, and the Board must
33
remain committed to a regional transit plan while continuing to strengthen the local in-County
systems. He said the ongoing collaboration between Orange County partners must continue.
Commissioner Greene said, from her perspective, the following has been lost:
• DOLRT was part of a larger vision for the region to shape development and expand
mobility
• Connection of the three universities and various hospital systems
• Downtown Durham — employment destination for Orange County residents and vice
versa
• Expansion of realistic job opportunities
• Affordable housing strategies around rail stations
• Economic benefits for all of Orange County
Commissioner Greene said she is sorry for the classes that students will not be able to
take due to the lack of light rail.
Commissioner Greene said the need still exists, and for right now she is just sad. She
said this is a fast growing area, and Orange County needs to share the responsibility for
keeping up with the growth.
Commissioner Bedford said she thought that this evening's PowerPoint laid out a good
plan, and it would be very helpful for her and others to have an information session on how all of
the transportation entities work, and if any changes need to be made. She said she has seen a
lot of confusion amongst the public, and some clarity would be helpful regarding the taxes, as
well as future transportation plan timelines.
Commissioner McKee said he has been involved with this project for about 9 years, and
Duke, the railroads and the federal government did causes problems, but there is a lot of blame
to go around on this project, including GoTriangle and the Durham and Orange counties'
BOCCs. He said GoTriangle repeatedly provided a rosy picture that was false, and the county
boards should have pushed back harder on GoTriangle. He said this project failed under its
own weight, and has continued to reduce services and increase costs since 2010. He said he is
not concerned about what developers want, but rather is concerned about Orange County
residents who do not have a car. He said LRT is an alternative option for those who also have
cars, and the County needs transportation for those who have absolutely none.
Commissioner McKee said Chatham County must be part of these discussions going
forward, as the area south of Orange County is only going to keep growing.
Commissioner McKee said the challenge for him is to address transportation going
forward in a way that gives Orange County control over any plan, not Go Triangle. He said
there should no longer be weighted voting, and changes need to occur, not only with the
service, but also the governance and decision making processes.
Commissioner Dorosin said going forward it is important to keep in mind that the Board
is developing a regional system, which is different from addressing the needs of rural residents
of Orange County. He said it must be clear that it is not a one size that fits all plan, but the
regional plans are the most critical. He said he takes issue with blaming the counties, and
should recognize that the partners in Durham stepped up to the plate financially when Orange
County could not. He said Duke made representations that everyone believed, and if Duke had
remained supportive, he believes this project would have gone forward. He said a regional
system is not going to serve every person in the County, and everyone should go into the next
phase with this understanding.
Commissioner Marcoplos said in the spring of 2017, when they created the cost sharing
agreement, he saw the communication problems with Go Triangle. He said he saw a positive
difference in the communication when John Talmadge became involved.
Commissioner Marcoplos said GoTriangle was asked if it could cut costs, and it said
three cars will not be needed until 2040, and could reduce to 2 cars. He said the question of
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two lanes was in the area of the New Hope Creek, and the bridge across it was to be one lane,
not the entire track. He said the trains could be timed to not need to cross the bridge at the
same time. He said these examples of creativity should earn GoTriangle credit, not criticism.
He said the weighted voting did not impede the purchase of buses, or the BRT funding. He said
the weighted voting was based on population.
Commissioner Price said she will not blame anyone, and it is important to review what
happened, but also be ready to move ahead with a regional transportation plan. She said it is
also important to take seriously the needs of local Orange County residents. She said she took
issue with the LRT plan focusing so greatly on getting to Durham, and lacking focus on Chapel
Hill and other Orange County locations.
Commissioner McKee agreed with the need for regional transit planning, and believes
there is enough funding to create regional and local service. He said those residents lacking
any transportation options cannot be left behind, and the LRT would have done exactly that. He
said the Board cannot work with partners to the detriment of Orange County's interests, as the
BOCC is responsible to Orange County first, and there must be cooperation.
Commissioner Greene said she does not want to leave the rural residents of Orange
County behind, and she is eager to further conversations about on-demand services. She said
all these needs are important, but they are different.
Chair Rich said there are 25,000 people that work on the UNC campus, and need to get
there every day. She said a regional plan is important, as well as cooperation with partners.
She said she is hopeful that commuter rail in Durham and Hillsborough will help, but there are
still many people who need to move around the region. She said the younger generation does
not want to be in a car, and wants public transportation.
Chair Rich said every vote at the MPOs is weighted, and based on the population of the
area. She said accordingly, Durham has more votes on every single vote that takes place. She
said usually there is agreement, and the weighting is not noticed.
Chair Rich said she has some concerns about the County's economic development
challenges, which will only increase due to a lack of the LRT. She said the gateway station
would have provided taxes for affordable housing and schools.
Chair Rich agreed that this must be a regional transportation system, as well as
satisfying local needs. She said it will take 12-18 months to rebuild the transportation plan, and
all those who were working on the LRT will now lose their jobs.
A motion was made by Commissioner Marcoplos, seconded by Commissioner Price for
the Board to:
1) Discontinue the Durham-Orange Light Rail Transit Project; and
2) Authorize staff to begin developing a process to amend the Orange County Transit Plan
VOTE: UNANIMOUS
7. Reports
NONE
8. Consent Agenda
• Removal of Any Items from Consent Agenda
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Dorosin, seconded by Commissioner Bedford for
the Board to approve the remaining items on the Consent Agenda.
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VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
a. Minutes
The Board approved the minutes from March 11, 12 and 19, 2019, as submitted by the Clerk to
the Board.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
property tax values for six taxpayers with a total of seven bills that will result in a reduction of
revenue in accordance with the NCGS.
c. Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, to release property tax
values for nine taxpayers with a total of eleven bills that will result in a reduction of revenue in
accordance with North Carolina General Statute 105-381.
d. Reappointment of Tax Administrator-DONE ABOVE
The Board approved a resolution reappointing Timothy Dwane Brinson as Orange County Tax
Administrator to a four-year term effective July 1, 2019.
e. Appointment of Five (5) Deputy Tax Collectors-DONE ABOVE
The Board reappointed Valerie Curry, Bernice Gwynn, and Bobbie Underwood as Deputy Tax
Collectors for a four-year term, effective July 1, 2019, and appointed for the first time Rebecca
Lee and Tonya Smith as Deputy Tax Collectors for a four-year term, effective July 1, 2019.
f. Proclamation Recognizing the 110t—" Anniversary of the NAACP-DONE ABOVE
The Board approved a proclamation recognizing the 110th Anniversary of the National
Association for the Advancement of Colored People (NAACP) in 2019.
g. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro
City Schools (CHCCS) and Contingent Approval of Budget Amendment#7-13 Related
to CHCCS Capital Project Ordinances
The Board approved an application to the North Carolina Department of Public Instruction
(NCDPI) to release proceeds from the NC Education Lottery account related to FY 2018-19 debt
service payments for Chapel Hill — Carrboro City Schools (CHCCS), and to approve Budget
Amendment#7-B (amended School Capital Project Ordinances), contingent on the NCDPI's
approval of the application and authorize the Chair to sign.
h. Approval of a Contract and Budget Amendment#7-C for Repair and Reconstruction of
the Government Services Annex Building
The Board approved a construction contract with Sasser Companies for the repair and
reconstruction of the Government Services Annex Building and to approve Budget Amendment
#7-C to finance the project.
i. Approval of Budget Amendment#7-D for Initiation of the Repairs/Reconstruction of
the John Link Jr. Government Services Building
The Board approved an initial project budget for the initiation of the repair and reconstruction of
the John Link Jr. Government Services Building and to approve Budget Amendment#7-D to
finance design services and ancillary costs related to the containment of affected areas. An
additional budget amendment will be required to finance the remediation, repair, and
construction work.
j. Designation of Four Sheriff's Office Personnel as Deputy Treasury Officers
The Board approved designating Sheriff's Office personnel as listed on Attachment 1 as deputy
treasury officers duly authorized and appointed pursuant to North Carolina General Statutes §
159-28(d1) for the sole purpose of signing refund checks payable to County inmates. The scope
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of this bank signature authorization is for the Jail Inmate Trust county bank account, also known
as the Commissary account.
9. County Manager's Report
• April 4th Work Session
• Projected April 9, 2019 Budget/CIP Work Session Items
• Discussion of 2019-24 Capital Investment Plan (CIP)
10. County Attorney's Report
NONE
11. *Appointments
NONE
12. Information Items
• March 19, 2019 BOCC Meeting Follow-up Actions List
• Tax Collector's Report— Numerical Analysis
• Tax Collector's Report— Measure of Enforced Collections
• Tax Assessor's Report— Releases/Refunds under$100
• Memorandum Regarding Analysis of Rezoning for Economic Development and
Additional Marketable Sites
• Memorandum Regarding Flexible Zoning District Proposal in the Town of Carrboro's
Transition Area
13. Closed Session
NONE
14. Adjournment
A motion was made by Commissioner McKee, seconded by Commissioner Bedford to
adjourn the meeting at 10:19 p.m.
VOTE: UNANIMOUS
Penny Rich, Chair
Donna Baker
Clerk to the Board