HomeMy WebLinkAboutAgenda - 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 21, 2019
Action Agenda
Item No. 8-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board has
the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
April 16, 2019 BOCC Regular Meeting
April 23, 2019 BOCC Joint Meeting with School Boards
May 2, 2019 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented
or as amended.
1
1 Attachment 1
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 April 16, 2019
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, April 16,
10 2019 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Mark
13 Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
14 COUNTY COMMISSIONERS ABSENT: Commissioner Bedford
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County
17 Manager Travis Myren, and Clerk to the Board Donna Baker (All other staff members will
18 be identified appropriately below)
19
20 Chair Rich called the meeting to order at 7:02 p.m.
21 Chair Rich said that Commissioner McKee will be late, and Commissioner Bedford will
22 not be attendance tonight.
23
24 1. Additions or Changes to the Agenda
25
26 Chair Rich noted the following items at the Commissioners' places:
27 - PowerPoint presentation for Item 5-a: UDO amendments
28 - Green sheet: Revised abstract for Item 11-c
29
30 Chair Rich pulled item 8-d on the consent agenda to make one change.
31
32 PUBLIC CHARGE
33 Chair Rich acknowledged the public charge.
34
35 Arts Moment
36 Ashley Harris is part of Hear & After, a group of individuals, former youth poets,
37 activists, musicians, and community organizers who have come together to create spaces for
38 community art and expression. We seek to empower the people through the tools of spoken
39 and written word, performance, and artistic expression. Based in Chapel Hill, NC and serving
40 the Triangle area, Hear &After's goal is to provide a platform to both its members and the
41 community we serve.
42 Ashley Harris read a poem dedicated to her grandmother, who passed away a year ago,
43 about the inequitable honoring on African Americans in southern history.
44
45 2. Public Comments
46
47 a. Matters not on the Printed Agenda
48 Riley Ruske said the light rail is dead and buried, but there is still waste in the public
49 transit system. He said the only way to get government waste under control is to cut off the
2
1 funding, and he asked if the Board of County Commissioners (BOCC) would immediately delete
2 the Article 43 half cents sales tax.
3 Seamus O'Neill said he is here to speak about Linda Sarsour, whom he considers the
4 radical left's version of David Duke. He said the BOCC would understandably never invite
5 David Duke to speak, and he questions why the BOCC would invite Sarsour, who is equally
6 polarizing. He said local government has a lot of responsibilities to account for, and he hopes it
7 will no longer waste funds on something so destructive and divisive. He said if the BOCC wants
8 to unify the community, it should agree that the Sarsour incident was a mistake that will not be
9 repeated.
10
11 b. Matters on the Printed Agenda
12 (These matters will be considered when the Board addresses that item on the agenda
13 below.)
14
15 3. Announcements, Petitions and Comments by Board Members
16 Commissioner Dorosin said he attended the North South Bus Rapid Transit meeting,
17 and in September a request will be sent to the FTA to have the project evaluated and voted on
18 to get into the President's budget for 2021-22. He said any rating medium or above is good,
19 and a rating should be issued by early 2020. He said they are working to get the design
20 drawings to 30%, at which point it will be turned over to the environmental team for evaluation.
21 He said some decisions have yet to be made regarding the area from Eubanks to North Street,
22 as to whether to construct or convert additional lanes. He said it may vary in different parts of
23 the road, but the decision will be made by the time it is submitted in September. He said if all
24 stays on track, there will be two years of construction, a year to order the buses, with service
25 beginning in 2023. He said buses will be on the outside lanes, and some questions still remain
26 about the area around the UNC hospital now that light rail will not be present.
27 Commissioner Greene asked if it is still true that there will not be dedicated lanes below
28 Cameron Avenue.
29 Commissioner Dorosin said yes, probably from North Street to south of Mason Farm
30 Road.
31 Commissioner Greene said it may or may not make the stops on time.
32 Commissioner Dorosin said that is certainly a reality. He said it will really be a BRT
33 system from Eubanks to North Street and from 54 to Southern Village. He said in between it
34 will likely function as a regular bus. He said he will forward the presentation that was shown at
35 the meeting to the Board
36 Commissioner Marcoplos handed out a draft resolution that he would like to be
37 considered at the next BOCC Meeting on May 2nd to honor Daniel Aaron Toben, a lifelong
38 resident of Orange County, who has voluntarily spent thousands of hours and thousands of
39 dollars of his earned income over the past ten years cleaning up trash and tires in some of the
40 most neglected parts of Orange County.
41 Commissioner Marcoplos petitioned the solid waste department to educate the public on
42 how to terminate the delivery of catalogs.
43 Commissioner Price said she attended the Metropolitan Planning Organization (MPO)
44 meeting, where they voted to end the light rail project. She said there was one amendment
45 made to the resolution to mention the role of the State Government, and its impact, on the
46 outcome of the project.
47 Commissioner Price said she attended the Family Success Alliance (FSA) meeting and
48 when summer comes many children may not get meals. She said there may not be enough
49 slots for summer camp, and the camps are cost prohibitive for some families. She said she
3
1 would like a matrix as to what summer programs are available to children to go on the website,
2 which can also allow the Board to see where gaps may exist.
3 Commissioner Greene said she attended a TARPO meeting, and a resolution was
4 passed to initiate the amendment process to the Orange County CTP to prioritize the project to
5 widen highway 54 from Carrboro west towards the County line.
6 Commissioner Greene congratulated Carrboro on the dedication it had this evening of
7 the marker recording the history of the name of Carrboro, repudiating any investment in Julian
8 Carr's positions on race.
9 Chair Rich said she also attended the MPO, and it was on the day of the gas explosion
10 in Durham. She said it was a scary day, but gave a big thank you to all first responders. She
11 said there was one fatality, and 25 injured, including one firefighter.
12 Chair Rich said the Board has been getting a lot of emails about the Greene Tract, and
13 she is working with staff to put an FAQ on the website. She said the Greene Tract, and plans
14 for it, have been around for 17 years, and it is not a new project.
15
16 4. Proclamations/ Resolutions/ Special Presentations
17
18 a. Proclamation Recognizing Fredrick Lewis Battle
19 The Board considered voting to approve a proclamation recognizing the life and services
20 of Frederick (Fred) Lewis Battle for the people of Orange County and authorize the Chair to
21 sign.
22 Commissioner Price read the proclamation, and Jesse Gibson was present to receive it:
23
24 ORANGE COUNTY BOARD OF COMMISSIONERS
25 PROCLAMATION RECOGNIZING
26 FREDERICK LEWIS BATTLE
27
28 WHEREAS, Frederick (Fred) Lewis Battle was a leader in Orange County and throughout his
29 life worked tirelessly to improve the quality of life for the people of Orange County
30 and beyond; and
31
32 WHEREAS, our entire community mourns the passing of Fred Battle on April 1, 2019 and
33 expresses our sincere sympathy to his family and friends; and
34
35 WHEREAS, over the course of his lifetime, Fred Battle fought for justice and social equality,
36 starting as early as the 1960's with a history making protest against Woolworth's in
37 Greensboro, North Carolina, pushing forward the nationwide civil rights movement;
38 and
39
40 WHEREAS, as local activists, Fred Battle and Yonni Chapman co-founded the Orange County
41 Rainbow Coalition of Conscience in 1982; and
42
43 WHEREAS, continuing the fight for social justice, Fred Battle founded the Chapel Hill-Carrboro
44 Branch of the National Association for the Advancement of Colored People
45 (NAACP) in 1987, and served as its president for over 20 years; and
46
47 WHEREAS, Fred Battle gave freely of his time, energy and talents in serving the community;
48 and
49
4
1 WHEREAS, he helped to improve the way of life for area residents by serving on the Orange
2 County Board of Health, the Orange Water and Sewer Authority Board of
3 Directors, the Solid Waste Advisory Board, the Joint Orange Chatham Community
4 Action Board, the Intergovernmental Parks Work Group, and the Chapel Hill-
5 Carrboro Schools Board of Education; and
6
7 WHEREAS, in the 2015 Salute to Community Heroes, the Chapel Hill-Carrboro Chamber of
8 Commerce recognized Fred Battle with the Irene Briggaman Lifetime Achievement
9 Award; and
10
11 WHEREAS, Fred Battle fought the fight to move forward the human rights of all people for
12 equality and social justice and in his words, "the struggle continues";
13
14 NOW, THEREFORE, we, the Orange County Board of Commissioners, on behalf of the
15 residents of Orange County, express our deep appreciation, gratitude and respect
16 for the services rendered by Frederick Lewis Battle to the County and beyond over
17 the course of his lifetime.
18
19 This the 161" day of April 2019.
20
21 A motion was made by Commissioner Price, seconded by Commissioner Greene for the
22 Board to approve the Proclamation Recognizing Frederick Lewis Battle and authorize the Chair
23 to sign.
24
25 PUBLIC COMMENT:
26 Jesse Gibson said he echoed all the comments made in the proclamation. He said Fred
27 Battle entered the Lincoln High School hall of fame, and his name will be added to the breakfast
28 club. He thanked the BOCC for honoring Fred Battle.
29
30 VOTE: UNANIMOUS
31
32 b. County Government Month Proclamation
33 The Board considered voting to approve a proclamation designating April 2019 as
34 County Government Month and authorize the Chair to sign.
35 Commissioner Dorosin read the proclamation:
36
37 ORANGE COUNTY BOARD OF COMMISSIONERS
38 PROCLAMATION
39 County Government Month -April 2019
40 "Connecting the Unconnected"
41
42 WHEREAS, Orange County is one of 3,069 counties in the nation that provide cost-effective,
43 essential services to create healthy, safe and vibrant communities; and
44
45 WHEREAS, through National Association of Counties (NACo) President Greg Cox's"Connecting
46 the Unconnected" initiative, NACo is demonstrating how counties deliver"people-centered" services
47 to residents; and
48
49 WHEREAS, many Orange County departments offer programs and services that meet this
50 initiative, including the departments of Health, Housing and Community Development, Criminal
5
1 Justice Resources, Social Services, Aging, Sheriff's Office, Child Support Services and many
2 more; and
3
4 WHEREAS, Orange County's motto is "Our Residents Come First," which guides our employees
5 to treat all residents with fairness, respect and understanding;
6
7 NOW, THEREFORE, BE IT RESOLVED THAT we, the Orange County Board of Commissioners,
8 do hereby proclaim April 2019 as County Government Month and express our appreciation to the
9 county employees who make our community such a special place to live, to work and to raise a
10 family.
11
12 This the 16th day of April, 2019.
13
14 A motion was made by Commissioner Dorosin, seconded by Commissioner Price for the
15 Board to approve the proclamation and authorize the Chair to sign the proclamation.
16
17 Todd McGee, Community Relations Director, said staff continues to try to promote all of
18 the great things the County does throughout the month of April.
19
20 VOTE: UNANIMOUS
21
22 Commissioner Greene said the fact that it is National Government and National Poetry
23 months is not a coincidence.
24
25 c. Resolution in Response to Recent Acts of Racial and Ethnic Intimidation on the
26 Campus of UNC-Chapel Hill
27 The Board considered voting to approve a Resolution in Response to Recent Acts of
28 Racial and Ethnic Intimidation on the Campus of UNC-Chapel Hill and authorize the Chair to
29 sign.
30 Chair Rich said five of the Board of County Commissioners attended the 110th NAACP
31 Celebration, and had conversations with Damon Seils, who penned the resolution for Carrboro.
32 She said the BOCC took this same resolution and added to it for the County's purposes. She
33 said in the meantime, there was some anti-Semitic activity on campus, and the Board wants to
34 call this out, as hatred cannot be the new normal.
35 Commissioner Greene read the resolution:
36
37 ORANGE COUNTY BOARD OF COMMISSIONERS
38
39 A RESOLUTION IN RESPONSE TO RECENT ACTS OF RACIAL AND ETHNIC
40 INTIMIDATION
41 ON THE CAMPUS OF UNC-CHAPEL HILL
42
43 WHEREAS, Orange County is home to many students, employees, and alumnae/-i of the
44 University of North Carolina at Chapel Hill, including an estimated 29,000 undergraduate,
45 graduate, and professional students, and the life of the southeastern portion of our County is
46 intertwined with the life of the University; and
47
48 WHEREAS, on March 31, 2019, two persons desecrated the Unsung Founders Memorial in
49 McCorkle Place on the UNC-Chapel Hill campus by defacing it with racist graffiti and with urine;
50 and someone vandalized an installation outside Hanes Art Center with racist language; and
6
1
2 WHEREAS, on March 16, 2019, persons associated with a white supremacist group carried
3 firearms and other weapons onto the UNC-Chapel Hill campus in violation of the North Carolina
4 General Statutes and campus policy; and an Alert Carolina emergency notification was not
5 issued; and no arrests were made and no citations or trespass notices were issued; and
6
7 WHEREAS, on April 10, 2019 a statement was released by UNC Hillel that a number of anti-
8 Semitic flyers have been found in Davis Library with references to "an evil Jewish plot" and the
9 missive, "do everything you can to fight the silent covert Jewish attempt to enslave and kill good
10 Americans"; and
11
12 WHEREAS, student anti-racist activists have been prohibited indefinitely from entering certain
13 areas of the campus, including McCorkle Place, despite having been found not guilty of the
14 criminal charges related to their trespass notices or having had those charges dismissed; and
15
16 WHEREAS, the Chapel Hill-Carrboro Branch of the National Association for the Advancement
17 of Colored People (NAACP), the Carolina Black Caucus, and others have called on UNC-
18 Chapel Hill to take bolder action in response to acts of racial and ethnic intimidation and threats
19 by white supremacists to the safety of the community; and
20
21 WHEREAS, the Orange County Board of Commissioners appreciates Interim Chancellor Kevin
22 Guskiewicz's statement that "we must nurture an environment where all people in our
23 community can live, learn and work without fear"; and the Board is encouraged by the arrests
24 on April 8 of the persons believed to have desecrated the Unsung Founders Memorial;
25
26 NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners urges its neighbor
27 and partner, UNC-Chapel Hill, to rescind trespass warnings against student anti-racist activists;
28 to press charges and issue trespass warnings against persons who on March 16 carried
29 firearms onto the campus; to clarify when the community may expect the presence of an armed
30 person on or near the campus to trigger an Alert Carolina emergency notification; and to invite
31 community members not necessarily affiliated with the University to participate in the campus
32 safety commission being convened by the interim chancellor.
33
34 BE IT FURTHER RESOLVED that the County wishes to partner with UNC-Chapel Hill in a
35 shared commitment to helping students feel safe through better communications, education
36 about the Orange County Sheriff's Office and other law enforcement agencies, opportunities to
37 participate in County programming and advisory committees, continued participation in the
38 Good Neighbor Initiative, and other efforts.
39
40 BE IT FURTHER RESOLVED that the Board asks the Clerk to the Board to share this
41 resolution with the interim chancellor of UNC-Chapel Hill and the members of the Chapel Hill
42 Town Council, the Hillsborough Board of Commissioners, and the Carrboro Board of Aldermen.
43
44 This the 16th day of April, 2019.
45
46 A motion was made by Commissioner Greene, seconded by Commissioner Price for the
47 Board to adopt the attached draft resolution and authorize the Chair to sign the resolution.
48
7
1 Commissioner Price said this resolution actually was developed at the NAACP meeting,
2 and while this happened at UNC, it affects the entire County. She said she is in full support of
3 this resolution, and working together to insure the safety of the community.
4 Commissioner Marcoplos said he presumed this resolution will be sent to UNC, and
5 asked if the Board is going request an answer to its questions in this resolution: to rescind
6 trespass warnings against student anti-racist activists; to press charges and issue trespass
7 warnings against persons who on March 16 carried firearms onto the campus; to clarify when
8 the community may expect the presence of an armed person on or near the campus to trigger
9 an Alert Carolina emergency notification.
10 Chair Rich said yes, the Board can do this.
11
12 PUBLIC COMMENT:
13 Riley Ruske said, as a Veteran, he is a strong believer in the rule of law, but this
14 resolution is an example of blatant hypocrisy and bias of local government. He said it was not
15 long ago that mobs were damaging property on the UNC campus, but the Board supported and
16 condoned these actions, even when the historical monument Silent Sam was destroyed by
17 these same mobs. He said now other mobs are harassing other individuals and property, and
18 the BOCC is condemning the actions and calling for prosecution. He said he agrees with this
19 call, but feels the BOCC should have done the same thing for the other mobs. He said the
20 BOCC needs to advocate for equal justice under the law for all members of the community
21 when laws are broken, regardless of the ideology of the lawbreakers. He said if this evening's
22 resolution must be passed, he would ask that the BOCC modify it to condemn the actions of all
23 thugs and mobs that break the law. He asked if there is a reason this same resolution was not
24 passed when the mobs broke the law during the Silent Sam protests.
25 Seamus O' Neill suggested adding two additional whereas statements to the resolution:
26 1. After the first whereas, to add, "whereas on August 20, 2018 a mob of certain students,
27 faculty, and persons known and unknown tore down the Silent Sam statue at risk to
28 themselves, police officers and others, in violation of State law and UNC rules"
29 2. After the third whereas, to add, "whereas on March 22-24 Duke-UNC sponsored the
30 conference on Gaza, many parts of which degenerated into an anti-Semitic rant and
31 mockery"
32 Jamie Paulen said she is a local attorney, was a magistrate for two years, and knows a
33 lot of law enforcement officers. She said she left that office and is now involved in anti-racist
34 issues. She said through her work she was present at two events at UNC, the night when the
35 smoke bombs went off and the night of the dance/can party. She said she was shocked to see
36 police officers that she knew basically attacking students. She said some of this is born out of
37 the criminal proceedings that have occurred in the interim, and there is a request for
38 reconsideration for one of the young people that was convicted because the evidence shows
39 that the young person was shown to have not been able to do that which she was convicted of
40 doing. She said she comes to her work with no anti-police bias, but what she saw was
41 shocking. She said she is grateful for this proclamation and holding UNC accountable. She
42 said there is video of evidence of a UNC police officer telling those carrying the firearms that
43 these people were on campus, and UNC can take out an arrest warrant against these people
44 today.
45 Ashley Harris said when she went to UNC she was a part of the Silent Sam coalition,
46 and it is very interesting that people equate the active practicing of hate speech and crimes with
47 people of color addressing something that has been historically racist. She said she would like
48 people of color to feel comfortable in this County, and she supports the resolution.
49 Commissioner Dorosin echoed the last speakers' comments, and said the assertion that
50 the Board's previous resolution and this resolution are inconsistent makes no sense to him. He
8
1 said the Board has consistently opposed racism, racial intimidation, white supremacy, etc. He
2 said the student protestors were treated one way, and the white supremacists were treated
3 another way. He said it is critical for the Board to continue to speak out.
4 Commissioner Price echoed Commissioner Marcoplos' request for action from UNC.
5 Chair Rich said she and Commissioner Marcoplos met with the UNC Director of
6 Communications, and agreed to on-going monthly conversations, which have occurred. She
7 said she has mentioned this resolution, and also asked UNC to send updates to the Board as it
8 is working on this process. She said Kristen Smith Young is going to be the new Community
9 Relations person (starting 4/23/19), and will also be a point of contact for the BOCC.
10
11 VOTE: UNANIMOUS
12
13 5. Public Hearings
14
15 a. Unified Development Ordinance (UDO) Table of Permitted Uses
16 The Board considered holding a public hearing, receive the Planning Board
17 recommendation, and take action on Planning Director initiated Unified Development Ordinance
18 (UDO) text amendments to the tables of permitted land uses and other sections as needed.
19 Specifically, the amendment collapses existing tables of permitted uses as contained in
20 Section(s) 5.2.1 (general use zoning districts), 5.2.2 (EDD general use zoning districts), and
21 5.2.3 (Conditional Zoning districts) into a centralized table in order to clarify permitted and
22 prohibited land uses consistent with recent court decisions.
23 Michael Harvey, Current Planning and Zoning Supervisor, presented this item:
24
25 PURPOSE:
26 To hold a public hearing, receive the Planning Board recommendation, and take action on
27 Planning Director initiated Unified Development Ordinance (UDO) text amendments to the
28 tables of permitted land uses and other sections as needed. Specifically, the amendment
29 collapses existing tables of permitted uses as contained in Section(s) 5.2.1 (general use zoning
30 districts), 5.2.2 (EDD general use zoning districts), and 5.2.3 (Conditional Zoning districts) into a
31 centralized table in order to clarify permitted and prohibited land uses consistent with recent
32 court decisions. The amendment also updates existing regulations and addresses formatting
33 issues to ensure legal sufficiency.
34
35 BACKGROUND: This project was initiated to address the findings of the State Supreme Court
36 in Byrd versus Franklin County related to the delineation of prohibited land uses. The court, in
37 rendering its decision, placed the onus on local governments to `spell out' what land uses were
38 allowable and prohibited within their respective jurisdictions. A copy of the Court's ruling in the
39 Franklin County case can be viewed at: https://www.nccourts.gov/documents/appellate-
40 courtopinions/ byrd-et-al-v-fanklin-county.
41
42 Work on the project began in the spring of 2017 with staff focusing on collapsing the existing
43 tables and creating an `exhaustive list' of permitted and prohibited land uses. This was to
44 address concerns from the Planning Director, Director of Economic Development, and several
45 BOCC members over ensuring developers were readily able to `verify' if a proposed land use
46 was permitted within the County.
47
48 In August 2017, the BOCC held a work session with Planning staff and the County Attorney ton
49 review the status of this project and provided the following direction:
50 1. Abandon the concept of an exhaustive list of allowable land uses;
9
1 2. Collapse, where feasible, similar land uses into single categories;
2 3. Review existing definitions to eliminate the reliance on `example land uses' with respect
3 to outlining what constitutes a permitted land use within that category; and
4 4. Consolidate and eliminate, where feasible, duplicative references to regulations within the
5 UDO.
6
7 The Planning Board Ordinance Review Committee (ORC) reviewed this item at several ORC
8 meetings beginning in January 2017. Agenda materials from these various meetings can be
9 viewed at: http://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
10
11 A total of four open house meetings were held soliciting public input and comment on the
12 proposed amendments. Meetings were held on the evenings of July 25 and 27, 2017 and
13 August 23 and 27, 2018. Notices of the meetings were placed on the County website, and
14 further advertised through press releases issued through the County's Community Relations
15 Department.
16
17 Staff finalized an amendment package (Attachment 7 including 7-a, 7-b and 7-c) that:
18 a. Collapses existing tables as contained in Section(s) 5.2.1 (general use zoning
19 districts), 5.2.2 (EDD general use zoning districts), and 5.2.3 (Conditional Zoning
20 districts) into a centralized permitted use table.
21
22 b. Collapses similar land uses into single land use categories.
23
24 STAFF COMMENT: Current regulations, for example, define retail land uses differently
25 within Section(s) 5.2.1 and 5.2.2.
26
27 There are different methodologies employed to denote various permitted retail land uses
28 in both sections that appear to contradict one another.
29
30 All retail land uses have been collapsed into a single category versus listing out individual
31 uses. Staff has also established development criteria within Article 5 to address the
32 impacts of such development consistent with existing regulations (i.e. building size limits,
33 operational requirements, screening, etc.).
34
35 The result is a streamlined table and a concise description of development requirements.
36
37 c. Modifies Article 10 Definitions of the UDO to incorporate new and/or revised definitions of
38 various land uses, consistent with the proposed new table.
39
40 d. Incorporates modifications to the Economic Development Hillsborough (EDH) districts as
41 discussed by the BOCC late in 2016.
42
43 e. Includes processes allowing for `reasonable accommodations' as requested by the
44 County Attorney's office. As part of this request, staff added language clarifying the
45 burden of proof for variance, interpretation, and special use permit applications including
46 adding references to an applicant's `burden of persuasion'.
47
48 Attachment 1 contains the legal advertisement for the April 16, 2019 public hearing. Attachment
49 2 contains a summary of the proposed changes for reference purposes. Attachment 3 is a
10
1 project fact sheet, including frequently asked questions, concerning the impacts of this
2 amendment package.
3
4 Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `...
5 cause an analysis to be made of the application and, based upon that analysis, prepare a
6 recommendation for consideration by the Planning Board and the Board of County
7 Commissioners'.
8
9 The amendments are necessary to address the legal sufficiency of the UDO with respect to the
10 findings of Byrd versus Franklin by spelling out allowable and prohibited land uses. Staff is
11 eliminating the unnecessarily repetitive, and often confusing, delineation of allowable land uses
12 by creating a central table of permitted uses and has combined similar land uses into single
13 categories to ensure uniformity with respect to application of development criteria and
14 permitting.
15
16 Planning Board Recommendation: The Board began review of the finalized amendment
17 package at its March 6, 2019 regular meeting, with continued discussion at a special meeting
18 held on March 20 to allow for additional review on Attorney recommended language associated
19 with the burden of persuasion for certain processes (i.e. variances, interpretations, and special
20 use permits). The Attorney prepared a memo for Board review, which is contained in
21 Attachment 4.
22
23 At the March 20 special meeting, the Planning Board voted 7-1 to recommend approval of the
24 amendments with the elimination of language in Section(s) 2.10.3, 2.11.3, and 5.3.2
25 establishing a `burden of persuasion' for those applying for a variance, interpretation, or special
26 use permit. In recommending approval, members indicated they were not comfortable keeping
27 language referencing an applicant's `burden of persuasion' as they were unpersuaded by the
28 County Attorney's arguments the language was necessary. An excerpt of the minutes from the
29 March 3 and 20, 2019 meetings, as well as the Planning Board's approved Statement of
30 Consistency, are contained within Attachment 5.
31
32 Planning Director Recommendation: The Planning Director recommends approval of the
33 Statement of Consistency (Attachment 6) and the Ordinance amending the UDO (Attachment 7
34 including 7-a, 7-b and 7-c) which includes the language within Section(s) 2.10.3, 2.11.3, and
35 5.3.2 establishing a `burden of persuasion'. Staff is recommending keeping language, as
36 recommended by the County Attorney, concerning the `burden of persuasion' in Section(s)
37 2.10.3, 2.11.3, and 5.3.2.
38
39 The Director believes the language is necessary to ensure the legal sufficiency of the UDO, as
40 indicated by the County Attorney, by spelling out an applicant's obligations when applying for a
41 variance, interpretation, and special use permit.
42
43 It should be noted that Attachment 7 consists of three parts, with Attachments 7-a and 7-b
44 attached to this abstract and also available electronically at:
45 http://www.orangecountync.gov/DocumentCenter/View/7012.
46
47 Attachment 7-c containing the Strikethrough/Delete/Underlined/ Highlighted Text
48 Amendments pages from the UDO are only available electronically at
49 http://www.orangecountync.gov/DocumentCenterNiew/7012.
11
1 In addition, as noted in the Public Hearing Notice (Attachment 1), the full text of the
2 amendments pages and other information has been available from the Orange County Planning
3 Department.
4
5 Michael Harvey made the following PowerPoint presentation:
6
7 BOCC PUBLIC HEARING
8 April 16, 2019
9 Unified Development Ordinance (UDO) Text Amendment(s)
10 Table of Permitted Uses
11
12 Background
13 UDO has 3 different tables outlining permitted land uses;
14 — STAFF COMMENT: General use zoning districts (i.e. Rural Buffer, Rural
15 Residential, General Commercial, etc.); Economic Development (EDD) general
16 use zoning districts ; Conditional Zoning Districts;
17 Tables contain unique, distinct, and often contradictory list(s) of allowable land uses.
18 In 2015 State Supreme Court (Byrd versus Franklin County) found the omission of
19 listing a land use within a table of permitted uses did not mean same was prohibited;
20 Court stated: `.... law favors uninhibited free use of private property over government
21 restrictions'.
22 Onus placed on local governments to `spell out' what land uses were allowable and
23 expressly prohibited within their respective jurisdictions.
24 Project started in January of 2017;
25 — Planning Board Ordinance Review Committee (ORC) reviewed project at
26 approximately 10 different meetings;
27 — BOCC and County Attorney reviewed status of project at August 2017 work
28 session providing additional direction;
29 — Four open house meetings (July 25/27, 2017 and August 23/27, 2018) held
30 soliciting public input;
31
32 Proposal
33 What the amendment does:
34 — Collapse 3 existing tables into central table;
35 — Collapse similar land uses into single categories to eliminate the `exhaustive' list
36 of land uses;
37 Retail land uses are now a single land use category versus 6 to 10
38 separate `retail' land uses;
39 Overnight accommodation (i.e. hotel, motel, bed and breakfast) now
40 condensed into 3 categories
41
42 Commissioner Dorosin asked if the goal is to simplify the LIDO, and if any substantive
43 changes have been made.
44 Michael Harvey said in many instances the list was condensed due to unnecessary size,
45 but in other instances there have been definitions added to provide additional framework to that
46 which staff considers land uses to be. He said this provides additional direction for both staff
47 and the property owner. He said this effort is a streamlining attempt of the UDO; to make it
48 more user friendly. He said this ordinance also collapses and condenses existing land uses,
49 while maintaining existing policy.
12
1 Commissioner Dorosin asked if there is some use that was prohibited somewhere in the
2 previous 10 uses of retail, that is no longer permitted anywhere.
3 Michael Harvey said no, not from that perspective.
4 Michael Harvey referred to overnight accommodations, which include hotel, motel, motor
5 lodge, motor inn, inn, tourist inn, hotel residential, rooming house, rural guest establishment
6 (bed and breakfast, bed, breakfast inn), etc.
7 Michael Harvey said with this example they have condensed everything into "Short term
8 rentals," and the policy initiatives that form the backdrop of these regulatory standards is
9 maintained in this ordinance, with these changes. He said short-term rental is a prime example:
10 he said there is a requirement in the current code, where short-term rentals in residential zoning
11 districts require a property owner to be on site. He said that policy is maintained in the revised
12 LIDO.
13 Commissioner Dorosin said there used to be a list of everything one could do, and the
14 operating presumption was that anything not listed was prohibited; but now case law says
15 anything that is not prohibited is essentially allowed.
16 John Roberts said yes. He said land use is a fundamental right, and any regulation that
17 is in derogation of land use must be clear and interpretable, as to what it is prohibiting. He said
18 any reliance on something that says one can do this, and conceivably one cannot do this, will
19 no longer be interpreted in favor of the County.
20 Commissioner Dorosin said he assumes the court would not accept: here are the five
21 things that are permitted, and anything else not listed is expressly prohibited.
22 John Roberts said that is correct, that cannot be done.
23 Michael Harvey said that is how the County had been operating, as well as every other
24 local government for decades. He said this is a fundamental correction.
25 Commissioner Dorosin said this is a fundamental correction that all local governments
26 should be doing.
27 John Roberts said every local government should be doing so, and it is not unique to
28 Orange County.
29
30 What the amendment does:
31 — Modify Article 5 Uses incorporating development standards for land uses;
32 Language identifying uses that are and are not permitted through
33 Conditional Zoning process,
34 Clarifying setbacks and land use buffers.
35 — Modify Article 10 Definitions incorporating new and/or revised definitions;
36 — Incorporate modifications to the Economic Development Hillsborough (EDH)
37 districts as directed by BOCC.
38
39 What the amendment does not do:
40 — Alter existing development restrictions (i.e. setbacks, minimum lot sizes, required
41 land use buffers, etc.)
42 — Impact/alter the County's Watershed Protection Overlay Districts (i.e. impervious
43 surface limits, required density limits, etc.)
44 — Alter required application submittal and review criteria.
45
46 Planning Board Recommendation
47 Planning Board reviewed final amendment package at its March 6, 2019 regular
48 meeting,
49 Continued discussion at a March 20 special meeting
13
1 Voted 7-1 recommending approval of amendments eliminating language, as
2 recommended by the County Attorney, establishing a `burden of persuasion' for those
3 applying for a variance, interpretation, or special use permit.
4
5 Planning Director Recommendation
6 Approval of Statement of Consistency (Attachment 6) and UDO amendment
7 (Attachment 7);
8 Keep `burden of persuasion' language as recommended by the County Attorney;
9 Director believes language is necessary to ensure the legal sufficiency of the UDO, as
10 indicated by the County Attorney, by spelling out an applicant's obligations when
11 applying for a variance, interpretation, and special use permit.
12
13 Manager Recommendation
14 The Manager recommends the Board:
15 1. Receive the proposed amendments;
16 2. Conduct the public hearing;
17 3. Close the public hearing;
18 4. Approve the Statement of Consistency (Attachment 6);
19 5. Adopt the Ordinance as recommended by the Planning Director (Attachment 7) keeping
20 language establishing the `burden of persuasion' consistent with the recommendation of
21 the County Attorney.
22
23 Commissioner Price referred to the prohibition of pawnshops and payday loans, and
24 said she is not in support of them, and they are non-existent now; but some folks need these
25 services, and asked if the BOCC has the legal authority to prohibit them.
26 Michael Harvey said yes the BOCC can say these businesses are not permitted in the
27 County's jurisdiction, and reminded the Board that this prohibition comes from meetings that
28 occurred in 2017, and it was maintained. He said he and Commissioner Marcoplos have had
29 long conversations on this topic.
30 Commissioner Price said one of the pawnshops has been very supportive of the
31 schools, and she is concerned about residents that need pawnshops to survive.
32 Commissioner Marcoplos said the Board should figure out a way to allow pawnshops, as
33 they can work if regulated properly. He said this may work best in town.
34 Commissioner Dorosin said if these businesses are located in the towns, the towns
35 would regulate them not the County.
36 Commissioner Dorosin asked if there are any businesses that would be forced to close
37 by this provision.
38 Michael Harvey said no.
39 Commissioner Marcoplos said the Board should find a way to allow businesses that
40 provide products or services that the County uses, like asphalt plants.
41 Michael Harvey said the proposal does not allow asphalt plants.
42 Commissioner Marcoplos said but the County uses asphalt, and this strikes him as
43 hypocritical; and the same goes for meat processing facilities. He said the County needs to
44 find a way to accommodate these services while regulating the bad effects.
45 Commissioner Greene said she agreed with the butcheries. She said she recalled
46 discussing this with Michael Harvey, but could not recall his response.
47 Michael Harvey said under the agricultural uses land use category, on page 118, it
48 refers to agricultural processing facility allowances, and farmers are allowed to process their
49 own meat.
14
1 Michael Harvey said from a manufacturing standpoint, on page 121, there are
2 allowances in the proposed text for animal feed preparation, manufacturing, packaging and
3 distribution. He said the animal slaughtering process has been left out. He said there was
4 concern about allowing this in the Economic Development Districts (EDDs), where they may
5 negatively impact adjacent commercial operations, or could detract from locating in an EDD.
6 He said it may be time to look into whether this could be done in an industrial district, as
7 opposed to an economic district.
8
9 Commissioner McKee arrived at 8:08 p.m.
10
11 Commissioner Greene referred to the Agricultural Use District, and asked that included
12 slaughtering of livestock would that be just for that property's own use, or could the service be
13 marketed to others.
14 Michael Harvey said the Agricultural processing facility land use could market to non-
15 farmers, and are currently allowed in industrial districts.
16 Commissioner Greene said this exists currently, but not for animals.
17 Michael Harvey said correct.
18
19 A motion was made by Commissioner Greene, seconded by Commissioner Dorosin for
20 the Board to open the public hearing.
21
22 VOTE: UNANIMOUS
23
24 A motion was made by Commissioner Price, seconded by Commissioner Greene to
25 close the public hearing. (Note that, because this is a legislative decision, additional comments
26 at a later date are permitted).
27
28 VOTE: UNANIMOUS
29
30 Chair Rich said the Planning Board voted 7-1 about the burden of persuasion, and she
31 did not want to discount the work put in by the Planning Board. She asked if John Roberts
32 could explain this a bit.
33 John Roberts said the burden of persuasion issue is trying to make this clearer in what
34 is required. He said during a quasi-judicial hearing, the applicant has a burden of proving by
35 clear or competent material that they have met all the requirements in the ordinance, and are
36 entitled to their permit, variance, etc. He said part of the burden of proof is that you persuade
37 the fact finder that you have presented sufficient evidence, and met your burden in complying
38 with all of the requirements. He said courts do look at the burden of persuasion. He said the
39 opponent has a burden of persuading the fact finder that the applicant has not met their burden
40 of proof, and must present evidence as such. He said having the burden of persuasion
41 included, is an attempt to clarify, but it will not get the UDO thrown out of court, and it is not
42 absolutely necessary if the BOCC decides to not include it.
43 Michael Harvey said currently under section 5.3.2 (dealing with special use permits)
44 there is language establishing a burden of proof, that through competent material evidence and
45 sworn testimony an applicant is obligated to demonstrate that he/she complies with the
46 ordinance. He said when he reviewed the UDO text amendment with the Attorney's office, it
47 was noted that similar language did not exist in sections 2.10 variances and 2.11
48 interpretations, so it was moved. He said the issue then came down to establishing, what the
49 state statute already spells out, which is there has to be a burden of persuasion. He said the
15
1 applicant does have the burden to convince the board he/she is before that the evidence
2 presented is sufficient for the permit to be presented.
3 Michael Harvey said the Planning Board did not understand how the term persuasion
4 was going to be used, and was seeking a standard. He said much of this is summarized in the
5 Attorney's memorandum (attachment 4), which he read. He said there is concern over legal
6 sufficiency and staff advocated to leave the language in, as the County's obligation is to insure
7 there is an ordinance that withstands legal muster.
8 Commissioner Marcoplos said in almost all cases, the applicant would be able to make
9 the case, and only few would need more explanation, information, or the services of a lawyer.
10 Michael Harvey said there is no provision in state law or in the LIDO that mandates an
11 applicant to hire an attorney. He said he feels ethically obligated to advise a person going
12 through a quasi-judicial process to consult with or hire counsel. He said if one does not hire
13 counsel, it does not mean there will be an automatic denial; and in his tenure there have been
14 several special use permits that were denied, despite having an attorney.
15 Commissioner Marcoplos said the simplification of the UDO makes it easier for
16 residents to persuade.
17 Michael Harvey said he would hope so, but does not want to discredit the Planning
18 Board's observations that they have a concern about what this language does.
19 Commissioner Dorosin clarified that the change in the language does not change the
20 burden on an applicant.
21 John Roberts said no it does not.
22 Commissioner Dorosin said if one is seeking a variance, it is incumbent on the applicant
23 to meet the criteria of the variance. He said it is important to clarify that this does not change
24 anything substantive for what an applicant must do.
25 John Roberts said the only disagreement is in the highlighted section; the burden of
26 persuasion, and the rest of the paragraph needs to be in the additional places where it has
27 been put. He said the burden of persuasion language does not change anything.
28 Commissioner Dorosin said, given that it does not change anything, and it actually may
29 provide some legal support for the ordinance, it is worth keeping in, potentially with some
30 additional explanation that nothing has changed.
31 Commissioner Greene said she came to the meeting with the intention to leave the
32 language in, but since nothing has changed, and it is fine with John Roberts to remove the word
33 "persuasion", she is now comfortable taking it out. She wants to avoid unnecessary confusion.
34 Commissioner Dorosin asked if staff could read the highlighted sentence.
35 Michael Harvey said this is on page 86, section 2.10, page 92, 2.11, and page 134,
36 section 5.3.2, and the disputed sentence reads: "further, the applicant shall have the burden of
37 persuasion on those issues" (this is in a link, not in the abstract).
38 Chair Rich asked if the burden of proof comes before the burden of persuasion.
39 Michael Harvey said yes.
40 Commissioner Price said she would be in favor of the changes, other than the
41 pawnshops and the payday lending. She said she also agreed with the hypocrisy pointed out
42 by Commissioner Marcoplos earlier.
43 Chair Rich said she could be convinced either way.
44 Commissioner Greene said in the Planning Board minutes a member said she was
45 confused about the difference between burden of proof and persuasion. She said the lawyers
46 response was that the burden of proof can be broken down into the burden of production plus
47 the burden of persuasion. She said this is technical lawyer stuff, and this leads her to be more
48 convinced of taking the persuasion language out.
49 Commissioner Marcoplos said the burden of proof covers it.
16
1 Michael Harvey said the Board's first action could be to make a recommendation
2 whether the language establishing the burden of persuasion as contained in section 2.10 on
3 page 86, section 2.11 on page 92, and section 5.3.2 on page 134 should be stricken.
4
5 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos, that
6 language establishing a burden of persuasion for variance, interpretation, and special use
7 permits as currently contained in Section(s) 2.10 (page 86) ; 2.11 (page 92) ; and 5.3.2 (page
8 134) reading as follows: `Further, the applicant shall have the burden of persuasion on those
9 issues' be stricken from the proposed table of permitted uses text amendment consistent with
10 the approval of the County Attorney.
11
12 VOTE: UNANIMOUS
13
14 Commissioner Marcoplos said the section on airport regulations needs to be updated,
15 and the scenario when one has a small private airstrip. He asked if Michael Harvey could
16 refresh the BOCC on these topics.
17 Michael Harvey said currently an airport is allowed through the approval of a class A
18 special use permit (SUP) in the rural buffer, agricultural residential and rural residential general
19 use owning districts. He said it was decided that airports are not really wanted in the residential
20 zoning districts, so this amendment package eliminates them from the RBAR and R1, and
21 would allow them in the industrial (11, 12 and 13) instead, through a class A SUP. He said he
22 has been asked if regulation and standards should be developed, not only governing the
23 development of a private air field for personal use, but also for airport regulations, which are
24 several decades old. He said staff has attempted to do this on two occasions, but were not met
25 with much public support. He said there may need to be additional review of these standards,
26 and reminded the Board that this was designed to address the immediate need of clarifying the
27 table of permitted uses (TOPU).
28 Commissioner Marcoplos said he could see a small personal landing strip as being less
29 intrusive than an airport, and would be worth considering.
30 Commissioner Marcoplos said he and Michael Harvey talked about alternative energy.
31 He said conventional wisdom says that wind power does not work in the Piedmont, but this is
32 wrong, and there needs be some understanding of this as well as regulations around wind
33 turbines.
34 Michael Harvey said the County policy currently focuses on solar panels. He said staff
35 attempted a comprehensive review previously, and were directed to focus on solar panels as
36 they were the immediate concern.
37 Michael Harvey summarized what he has heard from the BOCC this evening:
38
39 • Staff to further study potential allowance and development of regulations for pawnshops
40 and payday lending;
41 • Give additional review to products and services the County uses to ensure there are
42 products that can be used locally; e.g.: asphalt plant
43 • Pay additional attention to animal processing and slaughterhouses, currently listed in
44 manufacturing land use category;
45 • Comprehensive review of existing airport regulations, and closer look at air strips
46 • Explore ways to incorporate additional sources of alternative energy policy into the code
47
48 Michael Harvey said this could be its own independent motion to direct staff to begin the
49 process.
17
1 Commissioner Dorosin said he does not support approving payday lending businesses,
2 and feels these facilities pray on people and should be banned everywhere.
3 Commissioner Dorosin said the language of "stuff we use" is ambiguous and broad.
4 Commissioner Dorosin said he does not see himself supporting a private airfield, and
5 cannot understand how one would not adversely impact those living near by.
6 Commissioner Dorosin said the meat issue is more narrowly focused, but he would need
7 more information on some of the summarizations.
8 Chair Rich said she agreed with Commissioner Dorosin, and would want more
9 information before making a motion.
10 John Roberts said staff is working with Planning to look at other portions of the UDO
11 that can be streamlined, and planned to present it as an information item. He said this
12 evening's topics could also be added to that work.
13 Commissioner Greene agreed that she would not support some of these proposals,
14 especially the payday lending for sure.
15 Commissioner Marcoplos in regards to the "stuff we use," he would like to take it on a
16 case-by-case basis, such as meat processing plants. He said it does not hurt to withhold
17 judgement until the Board gets more information and can explore these issues.
18 Commissioner Marcoplos said the Board should at least explore to see if any of these
19 uses fit into the UDO. He said the core issue is that he does not want to be a city sitting on a
20 hill while the core dirty work is being done somewhere else.
21 Michael Harvey said it is not a waste of staff time to look at other issues and report back
22 to the Board, once there is an updated TOPU.
23 Chair Rich said Anthony Carey sent the Board an email about his concerns about short-
24 term rentals, which is below:
25
26 Good Morning Orange County Commissioners,
27
28 On behalf of the Orange County hospitality industry and the Chapel Hill-Carrboro Chamber of
29 Commerce, I am writing to ask the Board to consider modifications to a text amendment being
30 considered in your public review and approval process at your April 16 meeting. Please refer to
31 my attached letter, and thank you for your consideration in this extremely important and delicate
32 manner.
33
34 Date: April 16, 2019
35
36 To: Board of Orange County Commissioners; Penny Rich, Renee Price, Mark Dorosin, Earl
37 McKee, Mark Marcoplos, Jamezetta Bedford.
38
39 From: Anthony Carey, General Manager, Siena Hotel
40 Cc: County Manager, Bonnie Hammersley; Deputy County Manager, Travis Myren
41
42 Re: Draft Text Amendment to Unified Development Ordinance on April 16 agenda
43 addressing Short Term Rentals in Orange County.
44
45 Orange County Commissioners,
46
47 On behalf of the Orange County hospitality industry and the Chapel Hill/Carrboro Chamber of
48 Commerce, I am writing to ask the Board to consider modifications to a text amendment being
49 considered in your public review and approval process at your April 16 meeting.
50
18
1 Specifically, we are alerting the Board of County Commissioners to the fact that many of
2 Orange County's hospitality owners and operators are currently working with Chapel Hill and
3 Carrboro elected and staff leaders to regulate non-host occupied dwellings of Airbnb (also
4 known as Short Term Rentals) to operate in the towns' limits.
5
6 To this end, we ask the Orange County Board carefully consider the amendment which
7 states:
8 New definition of the various categories of Short-Term Rental... "allows non-host occupied
9 dwellings which provide guestrooms for overnight rental or lease but is not occupied by a host."
10
11 With the rise of AirBnB and other online rental platforms, regulation has become a complex and
12 evolving issue for local governments. While many imagine that this is an issue for larger cities
13 or tourist destinations, there are in fact over 2,700 U.S. cities and counties with more than 50
14 short-term rental (STR) listings.
15 In Orange County we currently have 300 short-term rental listings, but the number grows
16 exponentially each year. In 2018, it is estimated that these Short Term Rentals generated $9
17 million in revenues in Orange County. Many of these dwellings hosted visitors in private
18 homes, apartment complexes and dwellings that are not obliged to follow the same inspections
19 that traditional Orange County accommodations are required to follow.
20 Private residences generally are not held to the same safety standards. For instance, that are
21 no requirements for sprinkler systems or handicapped access, as there are with commercial
22 rentals, as well as emergency exit directions, emergency lighting and fire doors.
23
24 The Short Term Rental Industry is a threat to the local rental market and to traditional hotels as
25 well.
26
27 A coordinated group of hotels, Chapel Hill/Carrboro Chamber members and various tourism
28 leaders are working to develop a policy recommendation to the Town of Chapel Hill and the
29 Town of Carrboro. We would like to share that recommendation to the BOCC and county staff
30 as soon as it is completed. We anticipate finishing our draft very soon.
31
32 It's important to note that this group doesn't oppose "true home sharing," — a traditional dwelling
33 attached to a main home, for instance. Rather it objects to rental property used exclusively for
34 short-term stays.
35
36 We understand this issue is a divisive issue for many communities. There are persuasive
37 arguments on both sides. While some celebrate the additional income for residents as a boon
38 to the local economy, others fear the degradation of their neighborhoods and lack of affordable
39 housing.
40
41 In summary, we hope our elected boards will recognize that hotels employ dozens of local
42 workers to provide housekeeping, reception, concierge services, kitchen-hands. Without them,
43 the entire industry would grind to a halt.
44 Providing local workers with jobs is critically important; providing visitors with safe places to stay
45 is equally important. And working together as a county to support a level playing field is an
46 ethos that Orange County has always worked to achieve.
47
48 Thank you for considering modifying this text amendment to Short Term Rentals.
49
19
1 Chair Rich said it is very different in the towns versus the County, and she is fine with
2 the way it is written in the ordinance and it covers what Anthony Carey is saying.
3 Commissioner Dorosin asked John Roberts to clarify if AirBnBs can be
4 regulated/restricted.
5 John Roberts said he sent a memo on how to regulate them.
6 Commissioner Dorosin said the provision in the UDO basically prohibits them if the host
7 does not live at the property.
8 Chair Rich asked if there are only specific areas in Orange County where an AirBnB can
9 exist.
10 Michael Harvey said that is correct.
11 Commissioner Dorosin asked if this is enforceable.
12 Michael Harvey said by report, which staff investigates.
13 John Roberts said there are three ways to regulate this use: 1.) through zoning; 2.)
14 operational (parking, insurance, inspections, etc.); 3.) quantitative restrictions (caps on the
15 number of uses within the zone, distance from each other, etc.). He said this is a geographical
16 restriction.
17 Commissioner Dorosin said this is the only one that would not require advance
18 registration.
19 John Roberts said yes.
20 Laurie Paolicelli, Visitors Bureau (VB) Director, said the subject of short-term rentals has
21 exploded, and the VB has developed a subcommittee to study it. She said, in summary, the
22 short-term rental industry in Orange County has exploded, generating $9 million. She said the
23 biggest issue is the short-term rental of non-occupied units being listed as a hotel
24 accommodation. She said there is no oversight to short term rentals, and there are concerns
25 about safety. She said it is also affecting the affordable rental inventory. She said AirBnB is not
26 a concern, in and of itself, but more the out of state investors buying units and renting them out
27 with no real regulations or oversight. She said these properties are taking away from hotels,
28 jobs, etc.
29 Commissioner Dorosin said he is not sure how he feels about resolving this.
30 Chair Rich agreed. She said AirBnBs are here to stay, but the regulations available to
31 the County should be used, and it is more of a town issue and not so much in the County.
32 Laurie Paolicelli said the bigger North Carolina cities are seeing and tackling these
33 issues, and noted that Durham is handling this differently by accommodating and embracing
34 the AirBnBs. She said Asheville has banned AirBnBs in the downtown area.
35 Commissioner Dorosin asked if the Asheville ban has been challenged.
36 Laurie Paolicelli said she does not know, and the AirBnB issue is forever changing.
37 Commissioner Price said she thought the letter from Anthony Carey asked the Board if it
38 would wait until Chapel Hill or Carrboro vote on the issue, in order to establish consistency.
39 Michael Harvey said the County has a different set of issues/opportunities/constraints
40 than the municipalities, and the County's regulations ought not to mirror, or be based on,
41 Chapel Hill or Carrboro that has completely separate issues. He said the Board has a policy
42 that is currently reflected in the UDO, and it serves the County well. He said he sees no need
43 to change the current policy.
44 Chair Rich said the UDO is a living document, and the BOCC can always revisit the
45 issue. She said she will update Anthony Carey.
46 Commissioner Dorosin said all are fine with the host occupied units.
47 Chair Rich said problems arise when it starts affecting affordable housing. She agreed
48 this is more of a town issue.
49
20
1 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
2 to approve the Statement of Consistency (Attachment 6)
3
4 VOTE: UNANIMOUS
5
6 A motion was made by Commissioner McKee, seconded Commissioner Marcoplos to
7 adopt the revised Ordinance as recommended by the Planning Director (Attachment 7 including
8 7-a, 7-b and 7-c, as has been modified by the Board, and removing
9 (http://www.orangecountync.gov/DocumentCenter/View/7012), removing language within
10 Section(s) 2.10.3, 2.11.3, and 5.3.2 establishing the `burden of persuasion' consistent with the
11 recommendation of the County Attorney; and directing staff to provide an follow up on
12 comments made about additional land uses.
13
14 VOTE: UNANIMOUS
15
16 Commissioner Price asked if the Board is prohibiting pawnshops that support the
17 schools.
18 Michael Harvey said staff will provide the Board with a report.
19
20 6. Regular Agenda
21
22 a. Potential Addition of an Environmental Impact Section to Agenda Abstracts
23 The Board received a recommendation from Commission for the Environment regarding
24 the addition of an Environmental Impact section to the agenda abstracts; and considered
25 approval of the updated abstract and prompts based on the County's Environmental
26 Responsibility Goal.
27
28 Brennan Bouma, Sustainability Director, reviewed the information below:
29
30 BACKGROUND:
31 At its November 8, 2018 work session, the Board of County Commissioners (BOCC) reviewed
32 staff-generated options on how environmental impacts could be holistically addressed in the
33 framework of an agenda abstract. The Board provided feedback and proposed that the
34 Commission for the Environment (CFE), which looked at the subject several years ago, review
35 and advise on the topic.
36
37 The CFE began discussing this topic in December 2018. Over the course of two subsequent
38 meetings in January and February, staff presented the two draft agenda abstract templates that
39 had been discussed by the BOCC, as well as several examples of the way an agenda item
40 would be presented using each of the templates under discussion.
41 The CFE endorses this initiative and recommends the attached Draft Abstract Template
42 (Attachment 1) and the environmental impact prompts provided in Attachment 2 which are
43 based on the County's Environmental Responsibility Goal and summarize relevant County
44 goals. The memorandum provided at Attachment 3 provides more details regarding the CFE's
45 rationale.
46
47 The Manager has evaluated the prior discussion by the BOCC, as well as the feedback from
48 the CFE. In light of all the input received, the Manager recommends that the Board consider
49 moving forward with the abstract template provided at Attachment 4 and the environmental
21
1 impact prompts provided in Attachment 5 which are based on the County's Environmental
2 Responsibility Goal.
3
4 FINANCIAL IMPACT: The addition of a consideration of environmental impact will add staff
5 time to the development of agenda abstracts. To the extent that a consideration of
6 environmental impact could lead to efficiencies in the use of County facilities and vehicles, the
7 lifecycle benefits of those efficiencies may lead to avoided costs.
8
9 Brennan Bouma made the following PowerPoint presentation:
10
11 Potential Addition of an Environmental Impact Section to Agenda Abstracts
12 ORANGE COUNTY BOARD OF COMMISSIONERS
13 April 16, 2019
14
15 Current Abstract Template
16
17 Proposed Abstract Template
18
19 Proposed Prompts Page
20
21 Summary
22 The Manager's recommendation:
23 o Is simple and easy for staff
24 o Maintains the open response format
25 o Provides for statements on environmental impacts
26 o Helps avoid staff confusion and conflict with current required development
27 impacts assessments
28
29 Commissioner Greene asked if the avoidance of the production of greenhouse gases
30 should be mentioned somewhere in the abstract.
31 Commissioner Price suggested somewhere in attachment 2.
32 Commissioner Marcoplos asked Brennen Bouma if there is a simple formula.
33 Brennen Bouma said attachment 2 is not recommended. He said these prompts were
34 created to summarize what the Board of County Commissioners had adopted in 2005, and
35 these prompts open to change.
36 Commissioner Greene proposed "resultant impact on natural resources and air quality,"
37 and "minimize reduction of greenhouse gases".
38 Commissioner McKee said he will vote against this, and this item will clutter up the
39 abstract, which is already cluttered. He said this is not worth doing.
40 Commissioner Marcoplos said this is a good way for the Board and the public to focus
41 on the environmental impacts.
42 Commissioner Greene said it is good to have it stated clearly on the impacts, in order to
43 keep it front and center in everyone's mind.
44 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
45 approve the abstract template provided in Attachment 4 incorporating an Environmental Impact
46 section into agenda abstracts, and approval of the environmental impact prompts provided in
47 Attachment 5 which are based on the County's Environmental Responsibility Goal, with
48 suggested changes from Commissioner Greene.
49
50 VOTE: Ayes, 5; Nays, 1 (Commissioner McKee)
22
1
2 b. Letter to North Carolina Association of County Commissioners Expressing a
3 Regional Preference for Medicaid Tailored Plans
4 The Board considered voting to authorize the Chair to sign a letter to the North Carolina
5 Association of County Commissioners expressing Orange County's preference to align its
6 Medicaid Tailored Plan Region with Durham and Wake counties.
7 Travis Myren presented this item:
8
9 BACKGROUND:
10 In February 2019, the North Carolina Association of County Commissioners was asked by the
11 North Carolina Department of Health and Human Services to assist with phase two of Medicaid
12 transformation by coordinating and facilitating a process to develop recommended regions for
13 Tailored Plans.
14
15 The Association has organized a committee to coordinate recommendations. The Committee
16 consists of county commissioner representatives from each Managed Care Organization (MCO)
17 region. This Committee has invited stakeholder input on the composition of Tailored Plan
18 regions. The deadline to provide input is April 17, 2019.
19
20 At the April 2, 2019 regular Board meeting, a petition was made requesting that the County
21 communicate Orange County's preference to be part of a Tailored Plan region that also
22 includes Durham and Wake counties. Staff has attached draft language for a proposed letter
23 addressing that interest. It is proposed that the Board formally authorize the Chair, on behalf of
24 the Board, to sign a letter expressing the County's preference, and requested that the Clerk to
25 the Board submit the letter before the April 17 deadline.
26
27 Chair Rich said Commissioner Bedford brought this petition forward.
28 Commissioner Dorosin asked if Orange County is grouped with particular counties
29 currently.
30 Travis Myren said for behavioral health purposes, Orange County is grouped in the
31 Cardinal Innovations MCO region, which does not include Durham and Wake counties, which
32 are with Alliance. He said it does include Mecklenburg County.
33 Chair Rich said the Board received a letter from Cardinal earlier today, detailing some of
34 the actions that Cardinal Innovations takes, which supply support for Orange County locally.
35 Commissioner Dorosin asked if this change is made, would Orange County be with
36 Alliance, instead of Cardinal Innovations.
37 Chair Rich said yes.
38
39 PUBLIC COMMENT:
40 Trey Sutton, CEO Cardinal Innovations (CI), asked if the BOCC would consider the
41 potential disruptions of this proposed change to members. He said he also questions the
42 issues with the geography, as the Cl provider network includes UNC, Duke, Wake Med, etc.
43 He said historically Cl has had a strong relationship with Orange County, and last year Cl
44 received capitation with care costs associated with members of$26 million, but spent $35.4
45 million. He said this is a loss, but CI is not a business, it is a mission-focused organization that
46 has a commitment to this County. He said Cl also made several investments in community
47 organizations, including Compass Center, El Futuro, YMCA, Special Olympics, etc. He said IC
48 has as many employees in Orange County as it does in other counties, as well as an office. He
49 said the stakes are of this decision are high for the organization and the County.
23
1 Commissioner Greene asked him to relay how long he has been in charge, and the
2 issues he has had to address.
3 Trey Sutton said he joined Cardinal Innovations about 18 months, a month prior to the
4 Department of Health and Human Services rating, which dissolved the Cl board, escorted
5 executives out of the building, and put him into the interim CEO role. He said he was the CFO
6 at the NC Department of Health and Human services prior to being at Cl. He said since taking
7 the position, Cl has reconstituted its board, implemented a corrective action plan, and began
8 focusing on a strategic plan that contains 5 focus areas:
9 • Members
10 • Providers
11 • Communities
12 • Invest in Cl employees
13 • Tailored plan (integrated care for all members)
14
15 Commissioner McKee referred to the $9 million deficit for Orange County, and said he
16 would like to know the overall profit/loss balance sheet for last year.
17 Trey Sutton said Cl lost $30 million last year, and are on track to lose a little bit less this
18 year.
19 Commissioner McKee said this is surprising to him. He said he sat on the local Cl
20 board several years ago, and found the corporate board difficult to work with. He said he is
21 aware of families that are still struggling to get the necessary services with Cardinal. He said it
22 was like pulling teeth to get Cl involved with Club Nova.
23 Trey Sutton said he disagreed, and Club Nova spent a fair amount of time at Cl board
24 meetings. He said he has entertained all of Club Nova's requests, and Cl remains committed
25 to the $500,000 it has promised to Club Nova.
26 Commissioner Dorosin asked if Commissioner Price had any thoughts.
27 Commissioner Price said Commissioner Bedford is the current BOCC representative,
28 and also uses the services personally.
29 Commissioner Price said she was on the board during the transition, and it is a night
30 and day difference for the better. She said she understands about the geography issue, but the
31 grass is not always greener, and many changes have to come from the state.
32 Trey Sutton said he is working with Representative Verla Insko and have been
33 partnering on the language. He said Orange County is about 26% above the per capita, and
34 Representative Insko is introducing some legislation that would disregard the prior allocation
35 methodology and moving forward would be different.
36 Commissioner Marcoplos asked if the deadline of April 17`" came from anywhere
37 specific.
38 Travis Myren said this is a NCACC imposed deadline, which was set in the fall.
39 Commissioner Price said this date is in line with getting ready for November.
40 Commissioner Marcoplos said he has more questions and the deadline is tomorrow. He
41 said he is not sure he can resolve how he feels about this in time.
42 Chair Rich asked if there is a regular interval at which changes can be made.
43 Ric Bruton, Cl, said the standard plans will have a contract period of 4 years, and during
44 the initial contract phase for the tailored plan there will be no changes. He said the only
45 opportunity for change will come after the next contract cycle.
46 Ric Bruton said he has been with Cl for 9 years, and with this new management it is
47 night and day for the better.
48 Commissioner Dorosin said the letter is to the NCACC, but asked if it is known who will
49 make the decision as to whether Orange County can change grouping.
50 Staff answered that the State will make this decision.
24
1 Commissioner Greene said she would not be comfortable changing from Cardinal at this
2 time.
3 Bonnie Hammersley said the letter would be a letter to support the County going with
4 Wake and Durham, and while it may carry some weight there is no guarantee that it will
5 happen. She said NCACC is gathering information from all counties. She said the reason this
6 agenda item has been brought up so close to the deadline is because, in talking with the
7 Department of Social Services and Travis Myren, it was decided that a letter would not be sent
8 at all, but Commissioner Bedford petitioned for the Board to make that decision.
9 Chair Rich asked if the change might be made whether Orange County supports it or
10 not.
11 Bonnie Hammersley said that is her understanding, and all counties across the state are
12 being reviewed.
13 Commissioner Price said the NCACC will not be making the decision, but a
14 representative from each of the LMEMCOs will meet, and the map will be reviewed and the
15 state divided accordingly.
16 Ric Bruton said when the standard plan was created there were maps of regions. He
17 said when these maps came out, it was clear that they did not line up with the LMEMCOs. He
18 said LMEMCOs are the only people able to apply for those contracts for the first year. He said
19 NCACC is trying to gather input on what these maps should look like.
20 Commissioner McKee said this does not mean they will be moved or not moved, but if
21 the County remains with Cl, it would send a very strong signal to Cardinal Innovations that the
22 County expects its residents to be taken care of.
23 Commissioner Dorosin said Commissioner Bedford is the BOCC representative on the
24 Cardinal Board, and he will defer to her recommendation and will vote for this tonight.
25
26 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee that
27 the Board authorize the Chair to sign a letter to the Committee recommending the composition
28 of Tailored Plan Regions that communicates Orange County's preference to be in a Region that
29 includes Durham and Wake counties, and for the Clerk to the Board to submit the letter before
30 the April 17 deadline.
31
32 VOTE: Yeas, 3 (Commissioner McKee, Commissioner Dorosin, Chair Rich); Nays, 3
33 (Commissioner Greene, Commissioner Price, Commissioner Marcoplos
34
35 (since there were only six members and it was a tied vote, the motion does not pass)
36
37 7. Reports
38 NONE
39
40 8. Consent Agenda
41
42 • Removal of Any Items from Consent Agenda
43 8-d
44
45 • Approval of Remaining Consent Agenda
46
47 A motion was made by Commissioner Greene, seconded by Commissioner Dorosin to
48 approve the remaining items on the consent agenda.
49
50 VOTE: UNANIMOUS
25
1
2 Discussion and Approval of the Items Removed from the Consent Agenda
3
4 8-d Approval of Proposed Changes to the Affordable Housing Bond Program
5 The Board considered voting to approve the second phase of proposed changes to the
6 Orange County Affordable Housing Bond Program.
7 Chair Rich said she read an article in the NY times about sustainable affordable
8 housing, and the fact that much affordable housing is being built in areas that flood. She asked
9 Sherrill Hampton, Housing Director, if she would include something about sustainability (page 2
10 of handout, with item D being added. All else remains the same).
11 Sherrill Hampton referred to section D on page 2, and said staff change items 1 and 4.
12 She said staff researched sustainability, and broke the criteria out. She said item 1 deals with
13 the building aspect of sustainability, and noted that the list is not exhaustive. She said item 4
14 deals with the site of the housing itself. She said no other changes were made; particularly no
15 changes were made to the point system.
16 Commissioner Marcoplos said this is great.
17 Chair Rich said after the most recent rains, she spoke to Hillsborough Mayor Tom
18 Stevens who said a road got washed out, as well as Gold Park. She said affordable housing
19 cannot continue to be built in areas where the residents will lose repeatedly lose everything.
20 Commissioner Dorosin asked if there was a "4" before.
21 Sherrill Hampton said only minimally, and did not spell it out. She said staff felt it was
22 good to add some clarification.
23 Commissioner Dorosin said the point allocation remains the same.
24 Sherrill Hampton said yes.
25 Commissioner Price said the points are different from what is in the agenda packet.
26 Sherrill Hampton said since staff expanded the language, staff expanded the points.
27 Commissioner Greene referred to #4, and asked if it covers not building in a flood plain.
28 Sherrill Hampton said staff has to go by the Orange County regulations, and will attempt
29 to mitigate issues of flooding.
30
31 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
32 approve with changes the second phase of proposed changes to the Orange County Affordable
33 Housing Bond Program.
34
35 VOTE: UNANIMOUS
36
37 a. Minutes
38 The Board approved the minutes from April 2, 2019 as submitted by the Clerk to the Board.
39 b. Resolution to Support Juvenile Crime Prevention Council Allocation Expansion
40 The Board considered voting to approve a resolution in support of increased funding to the local
41 Juvenile Crime Prevention Councils (JCPC) in North Carolina and authorize the Chair to sign.
42 c. Approval of Budget Amendment#7-E for Repair of the District Attorney Building
43 The Board approved Budget Amendment#7-E for the repair of the District Attorney Building.
44 d. Approval of Proposed Changes to the Affordable Housing Bond Program
45 The Board approved the second phase of proposed changes to the Orange County Affordable
46 Housing Bond Program.
47 e. Lease Modification for Hillsborough Commons
48 The Board approved a modification of the lease for Hillsborough Commons (113 Mayo Street,
49 Hillsborough) and authorized the Chair to sign the appropriate documents upon final review of
50 the County Attorney.
26
1
2 9. County Manager's Report
3 Bonnie Hammersley reminded the Board of the upcoming April 23 joint meeting with
4 both school boards, and also that the Board canceled the April 251" work session.
5
6 10. County Attorney's Report
7 NONE
8
9
10
11 11. *Appointments
12
13 a. Nursing Home Community Advisory Committee —Appointment
14 The Board considered making an appointment to the Nursing Home Community
15 Advisory Committee.
16
17 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
18 for the Board to appoint the following to the Nursing Home Community Advisory Committee:
19
20 Stephanie Miller for Position #3 for an At-Large Partial Term with an ending term of
21 09/30/2020.
22
23 VOTE: UNANIMOUS
24
25 b. Orange County Parks and Recreation Council —Appointments
26 The Board will consider making appointments to the Orange County Parks and
27 Recreation Council.
28
29 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene for
30 the Board to appoint the following to the Orange County Parks and Recreation Council:
31
32 • John Greeson for Position #2 - Hillsborough Township—for a Second Full Term with a
33 term ending date of 03/31/2022.
34 • Robert Smith for Position #5 At-Large for a Second Full Term, with a term ending
35 03/31/2022.
36 • Timothy Braddy for Position #6 - Cheeks Township —for a Partial Term, with a term
37 ending 03/31/2021.
38 • Haywood Rhodes for Position #12 - At-Large Second —for a Full Term, with a term
39 ending 03/31/2022.
40
41 VOTE: UNANIMOUS
42
43 Donna Baker reminded the Board of the information at the bottom of the abstract that
44 the Parks and Recreation Council would like to defer filling the Cedar Grove Position (even
45 though it has been vacant for more than 6 months), for them to be allowed to continue to solicit
46 for this position, as the potential exists to find someone from that township who could provide
47 needed added diversity on the Council. She said the Council has reached out to the Cedar
48 Grove Neighborhood Association for assistance in this recruitment.
49
27
1 A motion was made by Commissioner Dorosin, to appoint Jennifer Moore to the Cedar
2 Grove Township -- Position # 3 —with a term ending 3/21/2021.
3
4 No Second.
5 Motion Fails.
6
7 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to
8 defer this appointment for 6 weeks—to the first regular Meeting in June (June 41") while he
9 assists in trying to recruit for this position.
10
11 VOTE: Yeas, 5; Nays, 1 (Commissioner Dorosin)
12
13
14 c. Orange County Planning Board —Appointments
15 The Board considered making appointments to the Orange County Planning Board.
16
17 This item was revised — position 6 is no longer viable; add position 10 — at large
18
19 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene for
20 the Board to appoint the following to the Orange County Planning Board:
21
22 • Melissa Poole for Position # 2 - Little River Township for a Partial Term, with a term
23 ending 03/31/2021.
24 • Hathaway Pendergrass for Position # 8 - At-Large for a First Full Term, with a term
25 ending 03/31/2022.
26 • Jessica Aguilar for Position # 10- At Large- for a First Full Term, with a term ending
27 3/31/2022.
28 • Susan Hunter for Position # 11 - Chapel Hill Township for a Partial Term, with a term
29 ending 03/31/2020.
30
31 VOTE: UNANIMOUS
32
33 12. Information Items
34
35 April 2, 2019 BOCC Meeting Follow-up Actions List
36
37
38 13. Closed Session
39
40 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to
41 go into closed session at 9:38 p.m. for the following purposes of:
42
43 "To discuss matters related to the location or expansion of industries or other businesses in the
44 area served by the public body, including agreement on a tentative list of economic
45 development incentives that may be offered by the public body in negotiations," NCGS § 143-
46 318.11(a)(4).
47
48 Closed Session Minutes
49
50 VOTE: UNANIMOUS
28
1
2 RECONVENE INTO REGULAR SESSION
3
4 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to
5 reconvene into regular session at 10:10 p.m.
6
7 VOTE: UNANIMOUS
8
9 14. Adjournment
10
11 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to
12 adjourn the meeting at 10:10 p.m.
13
14 VOTE: UNANIMOUS
15
16 Penny Rich, Chair
17
18
19 Donna Baker
20 Clerk to the Board
21
1
I Attachment 2
2
3 DRAFT MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 CHAPEL HILL-CARRBORO BOARD OF EDUCATION
6 ORANGE COUNTY BOARD OF EDUCATION
7 BOCC/BOARD OF EDUCATION JOINT MEETING
8 April 23, 2019
9 7:00 p.m.
10
11
12 The Orange County Board of Commissioners met for a joint meeting with the Chapel Hill-
13 Carrboro Board of Education and Orange County Board of Education on Tuesday, April 23,
14 2019 at 7 p.m. at the Whitted Human Services Center in Hillsborough, N.C.
15
16 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Mark Dorosin,
17 Sally Greene, Mark Marcoplos, Earl McKee and Renee Price
18 COUNTY COMMISSIONERS ABSENT: Jamezetta Bedford
19 COUNTY ATTORNEYS PRESENT: John Roberts
20 CHAPEL HILL-CARRBORO BOARD OF EDUCATION PRESENT: Chair Joal Broun, James
21 Barrett, Rani Dasi, Amy Fowler, and Mary Ann Wolf
22 CHAPEL HILL-CARRBORO BOARD OF EDUCATION ABSENT: Pat Heinrich
23 ORANGE COUNTY BOARD OF EDUCATION PRESENT: Chair Brenda Stephens, Will
24 Atherton, Dr. Steve Halkiotis, Hillary MacKenzie, Matthew Roberts and Sarah Smylie
25 ORANGE COUNTY BOARD OF EDUCATION ABSENT: Tony McKnight
26 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
27 Travis Myren, and Deputy Clerk II Sherri Ingersoll (All other staff members will be identified
28 appropriately below)
29 DURHAM TECHNICAL COMMUNITY COLLEGE STAFF PRESENT: President Dr. Bill Ingram
30 CHAPEL HILL-CARRBORO SCHOOLS (CHCCS) STAFF PRESENT: Superintendent Pam
31 Baldwin, Patrick Abele, Assistant Superintendent, Support Services, Jennifer Bennett, Assistant
32 Superintendent Budget & Finance, Pam Jones, Interim Vice-Superintendent
33 ORANGE COUNTY SCHOOLS (OCS) STAFF PRESENT: Superintendent Dr. Todd Wirt,
34 Rhonda Rath, Chief Finance Officer, Sara Pitts, Interim Chief Operations Officer
35
36 Chair Rich called the meeting to order at 7:00 p.m.
37 Chair Rich welcomed everyone to the meeting, and reminded everyone that this meeting
38 is to talk about budget, and how to move forward.
39 Chair Rich said Commissioner Bedford is not here tonight, as she is with her sister in
40 New York.
41 Chair Rich said she would like to take this opportunity to thank Emergency Services,
42 and its response to the tornado. She said the Governor was able to visit Maple View, and also
43 visited Leslie Drive, which was one of the worst hit areas. She said the County Manager and
44 staff are working to assist the residents there, since almost all homes in that area were
45 affected.
46
47 Chair Broun and Vice-Chair Wolf arrived at 7:03 p.m.
48
49 Chair Rich reviewed the agenda for the evening.
50
2
1 1. Presentation of Durham Technical Community College — Orange County Campus
2 • FY 2019-20 Operating Budget Presentation and Discussion
3 • Capital Investment Plan Discussion
4
5 BACKGROUND:
6 Durham Technical Community College (DTCC) - Orange County Campus FY 2019-20
7 Operating Budget Request includes $723,256 for Operations (an increase of$68,112) and
8 Capital Outlay Funds of$100,000 (an increase of$25,000). The increase in Current Operations
9 includes a 2.5% increase for salaries and benefits, a 2% cost increase in utilities, and a request
10 for a new designated College Liaison position for both Chapel Hill-Carrboro City Schools and
11 Orange County Schools. The increase in Capital Outlay is a one-time request to replace the
12 carpet and paint the walls at the Skills Development Center. Their request also includes
13 continuing the funding of$200,000 for 200 scholarships for Orange County residents attending
14 DTCC. This is funded through the Article 46 One-Quarter Center Sales tax proceeds.
15
16 Durham Technical Community College — Orange County Campus Capital Investment Plan's
17 Manager Recommended project for a new Academic Building and parking in Years 6-10 totals
18 $26,547,911.
19
20 Dr. Bill Ingram said Durham Tech is delighted to be Orange County's Community
21 College. He said he was surprised to hear of Dr. Todd Wirt's, OCS Superintendent, resignation
22 last night, and wished him well in the next chapter of his life.
23 Dr. Bill Ingram said Durham Tech offered scholarships to over 175 high schoolers last
24 year. He said early numbers indicate a large increase next year, and high schoolers are
25 making Durham Tech their first choice of school for continuing education. He said there are
26 over 125 high school students from the two school systems taking dual enrollment classes, at
27 no tuition, and this number is expected to increase.
28 Dr. Bill Ingram said earlier this month, Dr. Pam Baldwin and Durham Tech signed a
29 MOU to continue to offer early college classes. He said Durham Tech also has a good
30 relationship with Sheriff Blackwood, and other organizations, which has helped to expand their
31 course offerings. He said there is room for expansion across the board in all course offerings.
32 Dr. Bill Ingram said in 2016, Durham Tech received $4 million from a statewide bond
33 issue for capital needs for community colleges. He said, at that time, Durham Tech set aside a
34 billion dollars to support planning for a second building on the Orange County campus. He said
35 this construction is delayed until 2024, due to other urgent capital needs in the County. He said
36 the 2016 bond funding for this project will need to be spent before 2024, and Durham Tech will
37 use this funding for a project in Durham County. He said there is considerable support in the
38 State legislature for additional bond referendums, and he is confident that the new bonds will
39 help to build the new buildings.
40 Dr. Bill Ingram referred to the 2019-2020 budget, and said Durham Tech would like to
41 provide salary increases to employees paid with County dollars: housekeeping, maintenance
42 and security staff. He said Durham Tech is a Living Wage employer.
43 Dr. Bill Ingram said Durham Tech also funds a college liaison that works with the
44 schools systems, and asking for funds for a second liaison position. He said Durham Tech is
45 also seeking one-time funds for renovations at the skills development center in downtown
46 Chapel Hill.
47 Commissioner Price clarified that the bond money from Orange County will be used for
48 improvements in Durham County.
49 Dr. Bill Ingram said the funds need to be spent before 2024, and the Orange County
50 campus construction will not have started by then, so the funds will be used for other capital
3
1 projects. He said Durham Tech will earmark a comparable amount of funds from a new
2 referendum to be able to build the new building starting in 2024.
3 Commissioner Dorosin said in the memo of March 22, Durham Tech asked to
4 accelerate the facilities in the capital projects list. He asked if that is referring to the same
5 projects.
6
7 Dr. Bill Ingram said yes, and this request came with the understanding that there would
8 be different funding available than the bond issue.
9 Commissioner Dorosin clarified that the cost of this project is $26.6 million, and is
10 shared with the County, who is struggling with funding for other capital projects right now, which
11 is why construction is being pushed out to 2024.
12 Bonnie Hammersley said yes, this is her recommendation.
13 Dr. Bill Ingram said he has three proposals in the General Assembly, and is confident
14 that there will be new State funding available, which can replace the funding used for other
15 projects.
16 Commissioner Dorosin asked if the early college program is independent from the
17 middle college program.
18 Dr. Bill Ingram said yes, but this type of program is being seen more and more on a
19 national basis, and increased participation is expected in these programs. He said both of
20 these agreements are in place to explain how the partnerships work.
21 Commissioner Dorosin asked if involvement in these programs is done at the student's
22 initiative.
23 Dr. Bill Ingram said Durham Tech is working with Pathway program on information
24 technology programs, health programs and technology, where the schools have identified
25 technical career paths and students are signing up on their own initiative.
26 Commissioner Dorosin asked if there is a method by which the students find out about
27 these programs.
28 Dr. Bill Ingram said promotion is done through the liaison, who works in partnership with
29 the schools.
30 Dr. Pam Baldwin said it is promoted through the registration process, the liaisons and
31 the guidance counselors, and information nights.
32 Dr. Todd Wirt said it is the same at Orange County Schools
33 Dr. Bill Ingram said that typically 5,000 students take these types of classes, and about
34 500 are high schools students.
35 Chair Price said that she is concerned about the delay in funding for the Orange County
36 buildings. She asked if the current need could be identified.
37 Dr. Bill Ingram said by 2024 the campus will be more crowded, but offering classes in
38 the high schools will help to alleviate it to some degree. He said the requested upfit at the skills
39 development center will also alleviate some of this pressure.
40 Commissioner Price asked if this timeline can be moved up any sooner.
41 Dr. Bill Ingram said Orange County has asked Durham Tech to delay the project.
42 Bonnie Hammersley said, yes, that recommendation is from her, but she defers to the
43 will of the Board of County Commissioners (BOCC).
44
45 2. Presentation of Chapel Hill-Carrboro City Schools (CHCCS) Board of Education
46 • FY 2019-20 Operating Budget Presentation and Discussion
47 • Capital Investment Plan Discussion
48
49 BACKGROUND:
50 Based on the North Carolina Department of Public Instruction's projected Average Daily
4
1 Membership (ADM) enrollment for FY2019-20, Chapel Hill-Carrboro City Schools enrollment
2 would be 12,355 students, while the district's projected charter students would be 179, less
3 Out-of-County tuition paid students of 250, for a total of 12,284 budgeted students.
4
5 Chapel Hill-Carrboro City Schools is requesting an increase of $5,530,872 in continuation and
6 expansion funding in FY 2019-20. This would provide a total current expense funding of
7 $57,122,727. This would equate to an increase in the local per pupil allocation of$485. This
8 requested increase in the local per pupil allocation for current expenses would increase the per
9 pupil allocation from $4,165 to $4,650.
10
11 Chapel Hill-Carrboro City Schools Capital Investment Plan's Manager Recommended projects
12 for FY 2019-20 totals $8,692,590, with a 5-Year total of$39,824,642.
13
14 Dr. Pam Baldwin made the following PowerPoint presentation:
15
16 Board of Education
17 Budget Request
18 FY 2019-2020
19 Presented by Pam Baldwin Ed D., Superintendent
20 Jennifer S. Bennett, Asst. Superintendent Budget & Finance
21 April 23, 2019
22
23 Empower, Engage, Inspire
24 OUR VISION
25 The Chapel Hill-Carrboro City Schools exist to provide experiences that empower, engage and
26 inspire.
27
28 Empower: make one stronger and more confident
29 Inspire: create, innovate, explore, experiment
30 Engage: captivate, attract, involve
31
32 OUR MISSION
33 Our learning environments are intentionally designed to empower, inspire and engage students.
34
35 Empower: collaborative, safe, challenging
36 Inspire: student-centered, multiple pathways
37 Engage: enriched future, lead to a fulfilling life
38
39 Strategic Plan Focus Areas
40 • Student Success
41 . Family & Community Engagement
42 • Employee Experience
43 • Organizational Effectiveness
44
45 Strategic Budget Request Elements
46 • Focus on ensuring the district can maintain existing services for student success.
47 • Focus on funding to accelerate our goals towards equity and employee experiences.
48 • Focus on funding to close the achievement gaps for our most vulnerable students,
49 engaging and inspiring them for an enriched future.
5
1 . Focus on engaging our community for whole child program integration solutions to
2 empower our students.
3 • Focus on school safety to ensure our buildings are safe and efficient learning spaces
4 for our students.
5
6 Jennifer Bennett continued the presentation:
CHCCS overall Funding
Local
State appropriation S 80,960,670 State current
Funds expense
Local current expense 85.636.455 43% 146%
Federal sources 4.282.1 76
Capital Pro*ts• 6,870.690
Child Nutrition 4,664,006
community5chools 2,128,885
Other Sources&Grants 2.625.968
Total Projected Revenues S 187,168,850 rederal
Child sources
'Capital does not include the bond funds other Z%
for Cllla5
Sources& Cammunily Nutrition Capital
Crants Schools 3% ProjixlS
1 1%of Funding is
in Restricted Direct
7 Sources
g
Funds in People and Instruction
Types of Expenses Budget by Purpose Area
�% 4% ■Irl%rrlR-11 MA
840� ■Salarie%&8erelil% ,% S!rvuu'%
io%
■Purchased ■Supporting
Services Services
■5upphrs&
Malerial% ■Transportation
83%
■Inihucs&I uel
0 ■Iacllities
1%12% 4% ■Charter
SthcdslTransfers
0 Charles
Over 93%of5tate funds are in personnel SchcxA%JTransler%
costs and 8 7 X oft ocal funds are in
9ftft��—
personnel casts.
10
11
6
STUDENTS Drive Funding
Student Membership/HistMProjection
12,15U CHCCSSIudems Charter School su,dems
Relatively stable student population compared
to others in the state-net growth of30 new
students projected for 79-20 ■ 6�L
17,7sn
219
I 1,!S❑ 1 d,33S
12,23E
12,076
111.965
11,250
FY 7014A5 FY 2015-16 FY 701C-17 FY 7017-18 FY 2018-19 PF q.. dFY7019-
20
County SAPFO projection for CHCCS is 1 2,358
CHCCS pays 22 different charter schools
1 98.6%of the students in our district attend the CHCCS
2
3
4 Continuation Funding — "AS-IS"
5 • Student growth funding (net 30) is estimated at $123,780.
6 • Operational cost increases for inflation (non-salary local funds) is estimated at
7 $237,715.
8 • Salary & Benefits costs for Local staff is estimated at $3,237,377 based on projected
9 state impacts on salaries and benefit items in particular hospitalization & retirement
10 • Total Continuation Funding Request is $3,598,872, which is a 7% increase over
11 current operational funds.
12
13
Continuation Request Breakdown
Estimated Salary Increase for Certified 5733,282
Inflationary Cost required for Statf S.0%aVq.}
Classroom Supplies&Materials $198613 Estimated Salary Increase for Non-
&other non salary items-CPI f'ertilie.dStalf(I_W 5532,007
increase 1_9%201 8
Est imatedln crease for
LocalSupplement SSSfi,055
(match i nq state s alary i nc reases)
Inflationary Cost required for
Utilities/Energy Cost required - $39,102 F IC A I n crease on Sal ary i ncreases $139,332
avg.1_1%increase 201 8
State Employee Benetit Impact Retirement q 1 054,531
Rate Increase 1 W,from 18.86%u17036%
Operational Costs for FY 19 20
New Square Footage $0 Ilospltallzahon Increase EmployerCost
4%increase from S6104to S6,354per S222,175
employee{S21,0 pp}
Non—SalaryImpacts— Personnel /
Operations R
14
15
16
7
1 Expansion Budget Requests
2 • All are focused on accelerating the work of our strategic plan.
3 • Limited based on current funding levels in that area and where we really see the need
4 for the additional support.
5 • Focus on the achievement gap, equity, and whole child work we need to attack.
6 • Care and support for our staff and to keep a competitive edge in recruiting teachers.
7 • Safety items to help fill the gap in capital funding but much needed in the district for
8 school, student and staff safety.
9
10 Maternity/Paternity Leave
11 • This request will help show our support for our staff and helps mirror the benefits
12 available in the business community.
13 • Will help ensure CHCCS has a competitive benefit package to recruit and retain high
14 quality teachers and staff for our schools.
15 • Estimated cost based on current history would require $450,000 to enable us to provide
16 a 90%-100% support package for staff on leave for maternity/paternity instances.
17
18 Student Services Support Funding
19 Creating a Comprehensive Social/Emotional programming to build a continuum of services
20 for our youth would require - $232,000.
21 • Students need to understand how to regulate their emotions, build positive relationships,
22 make responsible decisions, and understand what it means to care about self and
23 others.
24 • Through additional financial support, Student Services will be able to create a social and
25 emotional (SEL) district-wide program that will support the development of
26 aforementioned skills which promotes student success.
27 • We will use these funds to create programming that helps with trauma and socially
28 sensitive training, restorative practices and provides the supports our students need to
29 learn in a safe and supportive environment.
30
31 Equity & Curriculum Development
32 Core Equity and Culturally relevant literacy content training for the district - $200,000.
33 • This work is the cornerstone of our strategic plan and efforts to ensure our district closes
34 all achievement gaps.
35 • Will support the CHCCS district work surrounding equity and culturally relevant
36 curriculum, specifically literacy in the school year 2019-2020.
37 • Also, we will be collaborating with Orange County Schools in this work so as to create
38 the cohesive understanding surrounding equity our community expects.
39
8
Expanded Summer Programs
Expanded summer programming for elementary school and
exce tional children students in need of extra academic supports
at $300,000.
As is evidenced on the graphic below we are seeing data that
shows a significant drop in students' literacy skill comprehension
over the summer months.
We want to offer an expanded summer program that will focus
on instructional effort as well as targeted enrichment areas to
help with our literacy gaps we see in our data.
This should enable our students to start the next school year
ready to learn and on or close to grade level on clay one.
Text Reading Comprehension{7RQ
See GAPS i n 100 84.0 71.1 71.3 66.0 82.2 65.9 69.3 62.2
75 56.6 117 — 51.6 42.1
the urnbe so -
BOY numbers 2s
K K K 1st 1st K K K 1st 1st K K
BOY MOY EQY BOY MOY BOY MOY MY BOY MOY BOY MoY
16171617 1617 1718 1718 1718 1718 1718 1819 1819 1819 1819
1 ..
2
3
4 Patrick Abele was introduced, and continued the presentation:
5
6 School Safety- Communications
7 • This request will help us implement phase I at $750,000 of this work by immediately
8 getting the following items in our schools or upgraded to working and current equipment.
9 This will be a 3 year project containing the following items:
10 • $250,000 for Emergency digital radio systems to ensure all can be notified and
11 communicate during any school emergency. We currently have radio equipment that is
12 antiquated. Schools and resource officers cannot communicate effectively with first
13 responders.
14 • $300,000 for Intercom systems (Interior and Exterior) upgraded or repaired to ensure
15 clear communication is available in our schools for emergencies and announcements.
16 • $125,000 for ADA compliance upgraded and implementations to ensure we meet all
17 ADA compliance concerns specifically related to emergency response aspects of this
18 work. (Stairwell evacuations are an example).
19 • $75,000 for continued work to enhance our door access control systems and
20 identification systems to ensure our schools remain safe and secure for students and
21 staff.
22
23 Jennifer Bennett resumed the presentation:
24
25 Total Expansion: $1,932,000
26 • These funds will help the district accelerate the work on equity, closing the achievement
27 gaps, ensuring our students are supported in a caring environment, and that our schools
28 are safe and secure.
29 • We are committed in our work with existing resources to ensure we have flexibility in
30 how those resources are used and to ensure they are all aligned with the Board's
31 strategic plan and core goals.
9
1
2 Total County Appropriation Funding Request:
3
4 Continuation Funds: $ 3,598,872
5 Expansion Funds: 1,932,000
6 Total Requested Funds: $ 5,530,872
7
8 At estimated student billing base of 12,284 students (net of charters and out-of-district/county),
9 the request is $450 per pupil of additional funding requested by Chapel Hill-Carrboro City
10 Schools to ensure our operations continue As-Is and Progress for our students, staff and
11 parents in our community.
12
13 Patrick Abele continued the presentation:
14
15 Capital Funding (CIP-Bond)
16 Chapel Hill High School Construction Update
17 Phase 1 began in June 2018. It included the removal of the trailer compound behind the
18 D building, realignment of some athletic fields, creation of a construction access road
19 from Seawell School Road, and realignment of the site infrastructure. It included the
20 deconstruction of the D building and the creation of temporary parking and pedestrian
21 and student walkways.
22 Phase 2 began in the summer of 2018. It includes construction of the new A and new D
23 buildings scheduled for completion in May of 2020. The end of Phase 2 which extends
24 into the first 5 months of 2020 includes move-in and soft opening of A and D to serve as
25 swing space while B and C are remodeled.
26 Phase 3 will begin in early 2020 and will include the renovation of the B and C buildings,
27 the deconstruction of the existing A building and the paving of new parking areas. It will
28 also include the construction of an E building that will house auto shop and public safety
29 classrooms.
30
31 Jennifer Bennett continued the presentation:
32
10
Capital Funding Request (CIP):
I
CIP Yr 1
Revenue/Project Sources FY 2017-18 FY 2018-19 FY 2019-20 I C1g from
PY
Debt Financing-Capital Projeers 1,147,675 2,436,568 1,288,893
Lottery Proceeds 815,174 823,719 851,650 27,931
Article 46 Sales Tax Proceeds 1,055,203 1,108,915 1,153,272 44,357
Facility Improvements to Other Schools 601,000 607,300 607,300
2/3 Net Deb Bands 2,317,658 1,241,117 (1,241,117)
Recurring Capital Items(Outlay) 1,821,900 1,821,900
Deferred Maintenance Projects 1,821,900 1,821,900
Bond Referendum Projects 69,436,000
Total Capital Funding 74,225,035 6,750,626 8,692,590 1,941,964
CHHS project is funded through the BOND. Thank you community!
We have an estimate of $300 million of deferred 1nai77tendnce projects
waiting and we continue to work with the county to prioritize those
projects within available revenues supported by the county.
1 THANK YOU FOR THIS SUPPORT!
2 Patrick Abele said the BOCC's approval of an additional $1.8 million, this past school
3 year, for the deferred maintenance projects last year has been a tremendous asset, and the
4 schools used this funding to replace HVAC systems at Seawell, Carrboro Elementary, and
5 Frank Porter Graham, as well as required remediation for flooding at Frank Porter Graham.
6 Dr. Pam Baldwin continued the presentation:
7
8 Budget Document
9 • Overview of School District Funding- page 5
10 • Continuation Section — page 8 &Appendix C
11 • Expansion Section — page 9
12 • Summary Section — page 12 & Appendix A
13 • Appendix Tables:
14 o Table A provides summary of Total Request
15 o Table B provides summary of Local Funds
16 o Table C provides summary of Continuation Only
17 o Table D provides the CIP as provided to the County in January
18
19
11
FUNDING
for our
STUDENTS
Is our
Request.
We are
committed to
ensuring
STUDENTS are
the focus of all
we do and we r
remain
steadfast in our
belief that all
children can
learn. Our job �.
is to give them
the opportunity
to succeed. 0engage
empower
1 inspire
2
MEL HILL-
o ARRBORO
CITY SCHOOLS
$ 260,000 Request
Collaboration between Orange County Schools and Chapel Hill-
Carrboro City Schools in Foundational Equity Training which is
critical to create the cohesive understanding surrounding equity Our
Community deserves and expects. It is through this lens that we will
3 begin to eliminate the opportunity gaps for ALL Our Students.
4
12
ONE ORANGE
CHAPEL HILL-
ARRBOR)
CITY SCHOOLS
• "REI-Ground Water"training provides an historical context
related to racism and its fundamental impacts on
organizations.
"Beyond Diversity"training which will provide an in-depth
analysis of systemic issues as they relate directly to schools
and their communities. It allows participants to practice their
learning in the context of their work in schools.
2
3 Dr. Pam Baldwin said this is an additional request for staff training opportunities, and is
4 separate from CHCCS equity training, which is for curriculum development in the classroom.
5 Commissioner Price asked if there are currently any maternity or paternity leave
6 benefits.
7 Jennifer Bennett said staff can take time under Family Medical Leave Act (FMLA), but
8 must use leave to be paid for this time. She said this proposal would supplement salaries, and
9 provide additional resources in time.
10 Dr. Pam Baldwin said staff currently has no paid maternity leave, but rather must use
11 sick or leave time when on maternity.
12 Commissioner Price asked if this would also apply to adoption.
13 Jennifer Bennett said that yes that is the intent.
14 Commissioner McKee said maternity leave is a critical situation and very important in the
15 retention of teachers. He said he also sees the clear importance of the summer reading
16 program. He referred to the equity trainings, and asked if it is $200,000 plus $260,000.
17 Dr. Pam Baldwin said yes, these are two different requests; one is curriculum
18 development based and one is for joint staff training for both school districts.
19 Commissioner McKee said he does not question the philosophy behind these trainings,
20 but does wonder how this, as well as student services support, are going to be measured. He
21 said there is a gap, and wants to know how staff will know this gap is being closed.
22 Dr. Pam Baldwin said this is very difficult to measure. She said there are some tools that
23 can measure impact, and they are using some of these tools, but there is not a great pathway
24 to measurement. She said a lot of measurements are purposely not directly related to test
25 scores, since there are other variables to measure that impact.
26 Commissioner McKee said he wants ensure that the kids who are lagging behind are
27 brought up to speed as soon as possible. He said summer programs are a great way to keep
28 kids involved, especially those who do not have the opportunity to get additional help.
29 Dr. Pam Baldwin said time is very important, but access is something that must also be
30 addressed. She said if students are experiencing trauma or other variables, they will not have
31 access.
13
1 Commissioner Dorosin clarified that an almost 5 cent increase in the district tax is being
2 requested.
3 James Barrett said that is pro forma language that is always in the budget request, but
4 the board does not expect a local district tax increase.
5 Commissioner Dorosin said it would take this type of increase to cover that which
6 CHCCS is proposing.
7 James Barrett said yes.
8 Commissioner Dorosin said this would be an almost 24% increase in the current district
9 tax, and wants to make certain that this is the "nut".
10 Commissioner Greene asked if the $260,000 for the collaborative equity training is for
11 both districts.
12 Dr. Pam Baldwin said yes.
13 Commissioner McKee said he is concerned about the wording in the request being pro
14 forma, because he takes it as a serious request. He said it always brings up the issue of equity
15 between the two school systems, and he has always been reluctant to rely on that to make up
16 for shortfall that is not accommodated by the County tax.
17 James Barrett said the only time the district tax has been increased in recent years is
18 when new schools have been needed. He said, based on the legislature, the district tax cannot
19 be increased unless the schools ask for it to be done.
20 Chair Rich asked if it is known who would get the joint equity training.
21 Dr. Pam Baldwin said there is a priority list including district staff, teachers, support staff
22 and board members; this is a conversation around the community.
23 Commissioner Dorosin asked if the percentage split between the two districts is known.
24 Bonnie Hammersley said there is a change this year, which is shown in the numbers
25 here tonight. She said there has been a decline in the number of students in the Chapel Hill
26 system based on the March EPI numbers; and the shift is towards Orange County. She said it
27 is still 60/40, but the last two decimal numbers changed this year.
28 Commissioner McKee referred to the salaries of certified staff versus non-certified staff,
29 and said there seems to be a larger percentage increase for certified staff.
30 Jennifer Barrett said that these are the best numbers coming from the state, and the
31 legislature has been pushing to increase teacher salaries. She said non-teacher staff increases
32 have been closer to 1.5%.
33 Joal Broun said she is very thankful for Board of County Commissioners support of their
34 programs.
35
36 3. Presentation of Orange County Schools Board of Education FY 2019-20
37 • FY 2019-20 Operating Budget Presentation and Discussion
38 • Capital Investment Plan Discussion
39
40 BACKGROUND:
41 Based on the North Carolina Department of Public Instruction's projected Average Daily
42 Membership (ADM) enrollment for FY2019-20, Orange County Schools enrollment would be
43 7,388 students, while charter students would be 843, less Out-of-County tuition paid students of
44 97, for a total of 8,134 budgeted students.
45
46 Orange County Schools is requesting an increase of$2,729,117 in continuation and expansion
47 funding in FY 2019-20. This would provide a total current expense funding of $36,094,932. This
48 would equate to an increase in the local per pupil allocation of$273. This requested increase in
49 the local per pupil allocation for current expenses would increase the per pupil allocation from
50 $4,165 to $4,438.
14
1
2 Orange County Schools Capital Investment Plan's Manager Recommended projects for
3 FY2019-20 totals $25,684,911, with a 5-Year total of$55,952,104.
4
5 Chair Brenda Stephens said she is very appreciative of the Board's support of funding.
6 Dr. Todd Wirt thanked the Board for its support, and said he has always appreciated the
7 professionalism and support given to OCS staff when presenting requests. He said his board
8 has worked on this budget for months, and he hopes the BOCC will see the good faith efforts
9 made by OCS to trim where possible, and still provide a great service to the community. He
10 referred to the focus on training, and said the BOCC questions are very valid. He said race has
11 a significant impact on the performance of OCS students, and this will be measured through
12 both quantitative and qualitative data. He said this is a critical juncture of what is being taught,
13 and how it is being taught, must change dramatically.
14 Rhonda Rath made the following PowerPoint presentation:
T
Agenda Item#3
FY 2020
Orange County Schools
15 Approved Local Operating Budget
16
17
15
k District Highlights Agenda Item#3
Academic Growth G
10 school s exceetle(l or met g rowlh
(luring 1he20 1 7120 1 8 school year
Bus Driver Pay/incentive Program
Increased bus driver pay and implemented an �
incentive of$75for a referred bus driver that
remains at least 6 months
Dual Language Program o.o
Implemented at NHE.Two way dual 104
immersion for English and Spanish;50150
m o(lel,A1B day rotation
Summer Feeding Program
Served 5,719 breakfasts and 8,429lunches
at eight different locations in the community
Equity Policy
Unanimously adopted an Equity Policy
reflecting the c oll aboralme-work of the
Board of E(lucation and Equity Task Force
1 Exnrige L'eewtry Scfuu�fe
2
FY 2019 Local Budget Overviei�em#3
Salaries&
Wages
Certified Teachers,
Classifiedstaffand 47.9% _ Benefits
Supplemental pay fl
for all locally paid
employees FICA,Retirement,Health
Insurance and all other
employer paid benefits
s Charters
.Pu
Local per pupil for students 8,9% 18.5% rchased Services
domiciled in Orange County
attending charter schools —Contracted services,
4.6% workshops,travel
Z.Zo/a Utilities,and Insurances
®CapitaIOutlay Supplies
Funded from local funds. Books,Paper,Fuel,Tines,
(Corporate drive u fit
Food,Furniture&equipment grange emu*SrfurnFe
3 "
4
16
a Agenda Item#3
Public Schools of North Carolina
Change between 2003-04 and 2005.09
Change in LEA
Average Daily Membership
(ADM) -
Charge between 2008-09 and 2013-14 Change between 2013-14 and 2018-19
Source.AluelApM higher of Month 1 and 2
1 C•'aaage"""`.y.Schc'nte
2
Agenda Item#3
2011-2012
Percentage of Public School _ti
Students in Membership in - _Charter Schools —`— -
2014-2015 2017-2018
Source:Reported by LEAS. Represents the percentage of K-12 public
school students in membership in a charter school students residing in the
LEA and in membership in a charter school in the state-
g—r7iMF Division of School Business
=NY `+Public 54f:io i,nt North Ca roliira
3 c �s
4
17
Funding History Agenda Item#3
$� 8 900
822 50
754 800
700
fi19
500
519
500
7500
400
'4
300
k
200
100
9
700D 0
FY2016 FY2017 FY2018 FY2014 FY2020
�ADM —Charters
Cacuege L'nunLy Sc�iur�a
1
2
Agenda Item 43
Class Size Update
*Required Actual FY MO
Kindergarten 1 :18 1 :18 1 :17.64 AVG
1 :19
MA
First 1 :16 1 :16 1 :16 AVG
1 :19
Second 1 :17 1 :17 1 :17.65 AVG
1 :19
Third 1 :17 1 :20 1 :16.57 AVG
11 1 :19
*2020/2021
3 IT-age edw trf S&adf
4
5 Commissioner Dorosin asked if the significance of the numbers in the last column could
6 be clarified.
7 Rhonda Rath said this column shows the effect of HB 90, which requires an average of
8 1:19 phased in within a 3-year window.
9 Commissioner Dorosin said the "actual" column indicates GCS's numbers for this year.
10 Rhonda Rath said yes. She resumed the PowerPoint presentation:
11
18
"* Ag nda Item#3
Reductions Enacted to Balance Local Budget
FY 2017 Budget—FY2019 Budget
Absorbed 19 Positions thru Attrition
Since the 201&2017 School Year,Orange county
Schools have d ecreased PCs allotted posibdu by29
staff.1
0posifi r weretheresullofADMreducbons
and 19 were an effort W ba la nce Ih a local budget
Increased Class Sizes 6 4
----------------
Increased classsae for grades4-8 to 1;2727
Prevmus years had eNjenenced a class sze of1;25
440
fficenReducticns
7 Eli ---de---TeFi--------------
Central
Fr1s-1a%Feaudia,in aepatmental nuggets11111 ---
FY19- tral i[ionseli esfrom50dhreorgs
Ge 7I,.flfioe FIR-es from
mated FIR Director Posltbn
Thorough review of staff funding
---------------
Efficiency renew with School Efficency
Consultants identified areas where State funding
could be leveraged more effectively
TAs no longer work workdays
In an effort to balance the FYI
9 budgetand not
cut paitions,teacherassistanls are no longer pad
nor work non-studentdays.
1
2
Recommended FY20 Budget AsIk ite1Hf+3
FY19 FY20 DIFI
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4
5
19
Agenda Item ft3
FY 2019 Fund Balance Review
FY2019
Unassigned'
• $1 ,718,133
• Technology
• Student Re assignment
:FZ219 Safety Init'atrve
ed' $ Universal Breakfast
2,110,19 5 Corporate Drive gRfit
Environmental Enhancements
FY2019
Grantl Total
Funtl Balance . $ 4,147,569*
`$314,2415ta lil¢ation by5tate5tatute
1 �iXp7tgE eQliR�(SCf111tr�d
2
FY 2020 Fund Balance AppropriaCkh Iiefr,#z5
$1,022,000 Previous Year appropriation balances
Carry-over balances.Corporate Drive Student Assignment,
SatetylSec unty
Furniture-District
y� 2�o'oOo Furniture upgrades to bring the district in compliance with DPI
II IR! standards as well as create more collaborative classroom spaces
ll �I across the district
Corporate Drive I
Anticipated uo�fit of back budding and potential parking needs
Environmental Enhancements
Ccntra�tea��c;.mg and sna:.ra--�.al
$ 1 s�,000
3 T Sd-16;
4
5
6 Rhonda Rath said there are no changes to the capital budget, but wanted to highlight
7 that the joint transportation facility has been removed, and $3.1 million of that will be shifted to
8 Cedar Ridge classroom addition, and the remaining balance will go towards improving indoor
9 air quality across the district.
10 Commissioner Greene said she was not aware of the joint transportation facility.
11 Rhonda Rath said there was an item on a bond 5 years out from now, but it cannot be
12 funded, as other things are needed
20
1 Dr. Todd Wirt said when there are two systems within one county; only one is identified
2 as having a transportation system. He said currently, Orange County has two transportation
3 facilities that are severely outdated and need improvements. He said a portion of the bond
4 funds were to go to address this, but due to Chapel Hill High costs, that need was greater than
5 the transportation system. He said this need is real, and could be for a future bond or CIP
6 project.
7 Commissioner Marcoplos said paid maternity and paternity leave would be a great
8 addition, and the kids would really benefit from this. He referred to the question of how to
9 measure equity training, and said for those who have gone through the training, there is no
10 doubt that will help as he has already noticed a difference. He said it looks like 36.25 positions
11 were dropped in recent years as part of cost savings measures. He asked if the impacts of,
12 and lessons from these decisions could be explained.
13 Dr. Todd Wirt said OCS learned how to be more efficient. He said there were also
14 some reductions in technology decisions, but the greatest challenges have been at the school
15 level. He said when class sizes go up, there are different challenges with differing needs of
16 students. He said OCS runs a lean central office operation, and made this decision to have a
17 lower impact on the schools, but it has stretched the central office staff quite thin.
18 Chair Rich asked if other counties give parental leave, and who is the County's
19 competition.
20 Jennifer Bennett said she is not aware of other systems that offer this at this time, but it
21 would be a great benefit to the staff. She said the main push for competition is from Durham,
22 who is fighting the same battles.
23 Rani Dasi said, from a financial perspective, this benefit is more for the support of staff;
24 coming back earlier has an impact on their lives, the schools, and the community.
25 Commissioner Dorosin said Orange County Schools is asking for a $273 per pupil
26 increase, and Chapel Hill is requesting $485 per pupil. He asked if OCS could provide an
27 update on its bond projects, as well as the former charter school property that OCS purchased.
28 Dr. Todd Wirt referred to the Meadowlands facility, and said the front building has been
29 through the full RFP process, and OCS will be working with Corley Redfoot on a one-stop
30 facility. He said it is hoped that staff can move into the front building by the fall. He said the
31 bottom level will house curriculum and instruction staff. He said the building is expected to be
32 well within the budget.
33 Dr. Todd Wirt said there is a proposal to move the Partnership Academy to the back
34 building to free up space to serve middle school students, and look at possible partnerships for
35 Boomerang and a day treatment center.
36 Commissioner Dorosin asked if there is a timeline for the second phase.
37 Dr. Todd Wirt said they hope to get into the front building this fall, and the back building
38 needs a significant parking increase.
39 Staff said a big bond project is the geothermal installation at Orange High School, and
40 the 450-foot deep ports have been insulated. She said insulation of the piping is being finished,
41 and old HVAC is being torn out. She said other projects include HVAC and mechanical
42 upgrades, as well as major roof projects. She said the Cedar Ridge expansion hopes to break
43 ground before July 1.
44 Commissioner Dorosin said the system's targeted recruitment for teachers of color is
45 encouraging, and asked if there a similar targeted recruitment in the Chapel Hill system.
46 Dr. Pam Baldwin said yes, and diversity has greatly increased.
47 Commissioner Dorosin referred to the Orange County Schools redistricting process, and
48 the timeline. He asked if this will have an impact on class sizes.
49 Dr. Todd Wirt said there have been several board retreats to determine priorities. He
50 said the main effort is to balance student achievement, and there is a public facing website that
21
1 shows the timeline. He said there has been a very diverse parent-advisory council involved,
2 which has been wonderful. He said there will be public forums around this topic, and the goal is
3 for the board to approve a new student reassignment plan by this fall, but it must be approved
4 by January 2020. He said the plan would be affective for the 2020-2021 school year.
5 Will Atherton said he would like to get feedback from Board of County Commissioners
6 regarding capital projects. He said at least one facility has escalated in the amount of repairs
7 needed ($21 million), and SAPFO does not account for this. He said a new school costs about
8 $26 million. He said SAPFO also does not account for Pre-K requirements. He said in the
9 spirit of collaboration, he wants to make the BOCC aware of their concerns, and need guidance
10 to try to figure out how to accommodate these goals. He wants it to be on everyone's radar,
11 and does not want to spend money on a school that cannot be turned around.
12 Bonnie Hammersley said that SAPFO does not address this issue, as it is only a tool for
13 capacity. She said other school needs would have to go through the capital investment plan
14 process.
15 Will Atherton asked if this would also be true with the Pre-K issue.
16 Bonnie Hammersley said that there is a committee working on a report for solutions,
17 which is needed before an assessment can be done. She said the issue is that the pre-K is
18 taking up space that is not accounted for in SAPFO, so the Board of County Commissioners will
19 await the report that should address this.
20 Commissioner Dorosin asked if SAPFO formula can be changed.
21 Chair Broun said to wait for the committee report, and much background is needed as to
22 what the schools are required to do.
23 Commissioner Dorosin said he just wants to know the universe of options.
24 Chair Rich said the committee and representatives from the schools are discussing this
25 and Craig Benedict, Planning Director will be doing a tour of the schools to explain options, how
26 things happen, etc.
27 Commissioner Price asked if the new construction price includes land.
28 Will Atherton said no, it does not account for land, trailers, etc.; just the physical
29 facilities.
30 Commissioner Dorosin asked if a new school would be put on the site of the dilapidated
31 building.
32 Dr. Todd Wirt said this would not be wise, and schools have typically been located in
33 relation to sewer and water. He said there is much growth in Hillsborough and Mebane, so they
34 need to consider the school locations.
35
36 4. 2019 Legislative Updates
37 • Budget
38 • Class Size Discussion
39 • Statewide Bond
40
41 Chair Rich asked if there are any legislative issues.
42 Dr. Todd Wirt said there is a lot of troubling legislation that is relevant to everyone in the
43 room.
44 Commissioner Dorosin applauded both districts for their innovative ways to deal with the
45 issues they face, and encouraged the schools to take a bold and innovative policy step to
46 eliminating out of school suspensions in elementary schools. He said it is an issue that is
47 related to equity and access.
48 Commissioner Greene thanked both districts for being so clear on their requests.
49
50 5. Adjournment
22
1 The meeting was adjourned at 8:37 p.m.
2
3 Penny Rich,
4 Chair
5
6
7 Sherri Ingersoll
8 Deputy Clerk II
1
1 Attachment 3
2
3 DRAFT
4 MINUTES
5 BOARD OF COMMISSIONERS
6 REGULAR MEETING
7 May 2, 2019
8 7:00 p.m.
9
10 The Orange County Board of Commissioners met in regular session on Thursday, May 2,
11 2019 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners
14 Jamezetta Bedford, Mark Dorosin, Sally Greene, Earl McKee, and Mark Marcoplos
15 COUNTY COMMISSIONERS ABSENT: Commissioner Renee Price
16 COUNTY ATTORNEY PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County
18 Manager Travis Myren, and Clerk to the Board Donna Baker (All other staff members will
19 be identified appropriately below)
20
21 Chair Rich called the meeting to order at 7:01 p.m.
22 Chair Rich made a statement about the killing in San Diego and then at UNCC, and said
23 all are tired of Congress not doing anything. She said this is not the new norm, and she read
24 the names of the deceased persons at UNCC.
25
26 1. Additions or Changes to the Agenda
27
28 Commissioner Dorosin said he wanted to add a pink sheet: proposed item 6-c, a letter
29 to Department of Health and Human Services (DHHS) and North Carolina Association of
30 County Commissioners (NCACC) regarding the Board's regional preference for the Medicaid
31 tailored plans. He said at the April 16t" meeting, the Board deadlocked on this vote, and he
32 would like to bring this up for a vote again tonight.
33 Commissioner Dorosin said Commissioner Bedford, who is the Board of County
34 Commissioners (BOCC) representative on the Cardinal Innovations Board, is present this
35 evening.
36
37 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to
38 add this item at item 6-c.
39
40 VOTE: UNANIMOUS
41
42 Chair Rich noted the following items at the Commissioners' places:
43 - PowerPoint for Item 4-c
44 - PowerPoint for Item 4-d
45 - A resolution requested by Commissioner Dorosin to support some of the bills in the General
46 Assembly which are in the BOCC's legislative agenda.
47
48 Chair Rich handed out HB 966, page 250 - light rail limitations— and said the General
49 Assembly just lifted these regulations after the light rail was defeated locally.
50 Commissioner Marcoplos said Charlotte is planning another extension.
2
1
2 PUBLIC CHARGE
3 Chair Rich acknowledged the public charge.
4
5 Arts Moment
6 Orange County Arts Commission board member Linda Williamson introduced Claire
7 Hermann:
8 Claire Hermann's work has been selected as a finalist for the North Carolina Poet
9 Laureate's Award and as a Split This Rock Poem of the Week. Her poems have appeared in
10 such publications as Borderlands: Texas Poetry Journal, Lines + Stars, Southern Women's
11 Poetry Review, and Prime Number. She has a weakness for cats, farmers markets, foggy
12 mornings, and justice. Visit her website at ironclaywriters.com.
13 Claire Hermann read two short poems: "Property Record" and "Runaway".
14
15 Chair Rich said Commissioner Price would not be able to attend tonight.
16
17 2. Public Comments
18
19 a. Matters not on the Printed Agenda
20 Carol Edmonds said she would like the alternate route into this building to be
21 better marked while the current elevator is out of order.
22
23 b. Matters on the Printed Agenda
24 (These matters will be considered when the Board addresses that item on the agenda
25 below.)
26
27 3. Announcements, Petitions and Comments by Board Members
28 Commissioner McKee said given the damage that happened two weeks ago in the
29 tornado, and the many homeowners with a lot of debris, he is concerned about fees. He said
30 the waste disposal fees have not been waived, and once a landowner can confirm damage
31 from that storm, he would ask that a permit be given to waive the fees. He said the County
32 needs a process going forward to address these issues for future storms.
33 Commissioner Marcoplos said he attended a GoTriangle meeting last week, and the
34 commuter rail project is being analyzed. He said given that light rail is done, it has been
35 determined that it might be wise to include Hillsborough and Burlington, along with Johnston
36 County, in the first phase. He said there will likely be a request for funding in the near future for
37 a study; somewhere around $80-85,000.
38 Commissioner Bedford said May is National Mental Health Awareness Month and
39 particularly Mental Health Awareness for Children's Day. She said many schools will be
40 participating to reduce stigma.
41 Commissioner Greene said there is a new essay collection out called Mothers and
42 Strangers, in which she has an essay. She said there will be a reading on Wednesday, May 8
43 at the Orange County Public Library.
44 Commissioner Greene said she attended the TJCOG meeting last week, where climate
45 related emergencies were discussed.
46 Commissioner Greene said she attended the Sequential Intercept Model meeting last
47 week, which was organized by Cait Fenhagen, Criminal Justice Resource Director, and brought
48 together all stakeholders in the criminal justice system to discuss ways to divert people out of
49 the criminal justice system due to mental health/substance abuse needs.
3
1 Commissioner Greene said the Board has her Climate Reality Project report, and she
2 highlighted the conclusion and petitioned the staff to look at the feasibility of including carbon
3 offsets when making long distance travel.
4 Commissioner Dorosin said last night he attended the Fire Chiefs Council Meeting, and
5 there was a lot of discussion on risk management with all of the departments, as well as
6 conversation about communication during the tornado, and ideas to ensure that all have
7 effective communication. He said there was also discussion about the pending remediation of
8 the 911 center, which should begin on May 13.
9 Commissioner Dorosin said he attended the education rally in Raleigh yesterday. He
10 said it was powerful show by all, and he was very encouraged that the talking points also
11 included Medicaid expansion and living wage, and also more resources for guidance
12 counselors, nurses, etc.
13 Commissioner Dorosin said there was a story in paper about new luxury apartments
14 going into Chapel Hill, replacing affordable apartments. He said 190 households will be
15 displaced. He said Chapel Hill is working with these residents to find new housing, but has only
16 been able to help half of them thus far. He said the County has funds in its housing funds, and
17 he petitioned Sherrill Hampton, Housing Director, to reach out to see if these folks are eligible
18 for any County funds. He said this story highlights challenges around affordable housing. He
19 said this is gentrification, and they are losing affordable housing. He said the developer is
20 making a payment to the town, but is not required to build any new affordable housing. He said
21 they have to find new housing for these folks, and this is why affordable housing discussions
22 are so critical, especially on the Greene Tract.
23 Commissioner Dorosin said the last item is a handout at their places. He said John
24 Roberts has been sending the Board updates on local bills in the General Assembly, and
25 specifically those related to the ones in the Board's legislative goals. He said he thought it
26 would be a good idea to bring forth a resolution stating Orange County's support of certain bills.
27 He would like the Board to consider adopting this resolution.
28 Chair Rich said John Roberts sent an email with this draft resolution stating that he
29 spoke with local legislators, who said the resolution may not necessarily be helpful, but it will not
30 hurt.
31
32 ORANGE COUNTY BOARD OF COMMISSIONERS
33 Resolution Detailing Orange County's Support for Specific Legislation Filed in the 2019-
34 2020 Legislative Session
35
36 WHEREAS, the North Carolina General Assembly recently entered the 2019-20 long session;
37 and
38
39 WHEREAS, the members of the North Carolina General Assembly have filed numerous bills
40 having significant local impact; and
41
42 WHEREAS, the Orange County Board of Commissioners believes there are many issues of
43 importance to all North Carolina counties that are contained within some of these filed bills and
44 should be supported.
45
46 NOW THEREFORE we, the Orange County Board of Commissioners, do hereby support, and
47 request the North Carolina General Assembly pass, the following bills introduced in the 2019-
48 2020 legislative session:
49
50 AFFORDABLE HOUSING
4
1 1) House Bill 708 and House Bill 907 -- Establishing a legislative committee to
2 study affordable housing in North Carolina (H708) and prohibit housing
3 discrimination based on source of income (H907);
4 BROADBAND ACCESS
5 2) Senate Bill 645 and House Bill 431 — Expanding local government authority to
6 work with the private sector in providing broadband access in underserved
7 areas through constructing and leasing infrastructure to private service
8 providers;
9 EDUCATION
10 3) House Bill 241 — Provides for an education bond to be voted on by North
11 Carolina voters;
12 HOMESTEAD EXEMPTION AND CIRCUIT BREAKER
13 4) Senate Bill 657 and House Bill 695 — Expands the Homestead Exemption and
14 Circuit Breaker (S657) and expands the Homestead Exemption and Circuit
15 Breaker for disabled veterans and surviving spouses of emergency personnel.
16 LIVING WAGE
17 5) Senate Bill 291 and House Bill 830 and House Bill 832 — Providing an
18 opportunity for increased wages for those of lower income by creating a
19 statewide "living wage";
20 NON-DISCRIMINATION
21 6) House Bill 514 and Senate Bill 455 and Senate Bill 486 — Provide for an
22 expansion of protected classes in North Carolina and would help eliminate
23 discrimination against designated classes (H514 and S486) and eliminate pay
24 discrimination based on gender (S486);
25 PERSONAL NEEDS
26 7) House Bill 752 and House Bill 753 — Providing increases in personal needs
27 funds for assisted living facility residents who receive State-County Special
28 Assistance (H752) and for Medicaid recipients residing in nursing homes
29 (H753);
30 RECYCLING
31 8) House Bill 759 and House Bill 823 — Providing new opportunities for
32 electronics recycling (H759) and providing additional funding for local recycling
33 programs focused on single use plastics (H823);
34 SMART START FUNDING
35 9) House Bill 124 and Senate Bill 336 — Appropriate additional funds for Smart
36 Start;
37
38 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
39 adopt this, send it to their legislative delegation and all 100 counties.
40
41 Commissioner Dorosin said the Board has already adopted a resolution endorsing these
42 bills and has already staked out a position, and the resolution can be put on the website as a
43 resource for the public.
44 Commissioner Greene said one bill is on the list that was not on the Board's legislative
45 agenda, which is a law that will ban discriminating against source of income, which would stop
46 landowners from being able to deny housing choice vouchers. She said this is great.
47 Commissioner Marcoplos said this resolution is also letting the public know that these
48 issues are out there and are important.
49
50 VOTE: UNANIMOUS
5
1
2 Chair Rich said she and Commissioner Marcoplos met with their OWASA
3 representatives, and discussed the aquavista program. She said they went on to Hillsborough
4 Elementary to meet with 5t" graders, who were remarkable children.
5 Chair Rich said the Chapel Hill and Carrboro Mayors were invited to the Department of
6 Transportation (DOT) luncheon meeting, and meeting notes have been issued.
7 Chair Rich said the following day she went to Carrboro Elementary School, and greeted
8 students.
9 Chair Rich said she, Commissioner Dorosin, Commissioner Marcoplos and
10 Commissioner Greene attended the 10-year celebration at Northside, along with the CEF
11 graduation.
12 Chair Rich said she also attended the Community Dinner.
13 Chair Rich said last night she, Commissioner Marcoplos and Commissioner Greene
14 celebrated the OCS teacher of the year, Kelly Arnold.
15 Chair Rich said she and the mayors had their quarterly meeting today, and she will send
16 out her notes.
17 Chair Rich said OWASA sent the Board a letter about Senate Bill 536, and House Bill
18 570, which would add a dollar each month to both water and sewer accounts, but would never
19 come back to benefit OWASA or its customers. She read a portion of the letter, and asked the
20 Board if it wants her to send a letter or resolution against this bill. She said this sounds like
21 extortion of counties that do not have distressed systems, but will still have to pay for those that
22 do.
23 Commissioner Marcoplos said he would be favor of sending a letter to support OWASA.
24 Commissioner Dorosin said he would like more information about this, and whether
25 these funds will be distributed to those communities that are underfunded.
26 Chair Rich said it is not necessarily to underfunded areas, but rather to distressed
27 systems. She said OWASA will never be a distressed system, and therefore, will never benefit
28 from these funds.
29 Commissioner Dorosin said as residents of the state, one could argue that all benefit
30 when everyone has access to clean water and sewer.
31 Commissioner Bedford said a large corporation would pay one dollar, but so would her
32 own household. She said this is not equitably distributed like a tax might be.
33 Chair Rich said she would work with John Roberts on this.
34 Chair Rich said the Board of Adjustment (BOA) in Chapel Hill added two more positions
35 to their committee, which have been difficult to fill. She said the Board needs to think what it
36 may want to do about this: keep those two seats, or fill those seats with other persons other
37 than JPA and ETJ. She said meetings often do not have a quorum, which is difficult.
38 Chair Rich said recordings of BOA meetings were initiated during concerns about The
39 Barn meetings. She said the BOA meetings are scheduled monthly, and are often cancelled
40 right before the meeting. She said there are very few people in attendance at these meetings,
41 but in order to create video, the meeting must occur in this large room in the Whitted facility,
42 and this room is in high demand. She said the contractors who are scheduled to video these
43 meetings are repeatedly losing revenue on a last minute basis. She said she recommends to
44 only having audio recordings moving forward that can be posted online. She petitioned the
45 Board to discuss this at a future meeting.
46 Commissioner Dorosin suggested using Facebook live, or have the meetings
47 videotaped with a stationary camera.
48 Commissioner Dorosin said the challenge with audio only is that one cannot always
49 know who is speaking, etc. He would question how useful an audio only is.
50 Chair Rich asked if staff would come up with some options for future Board discussion.
6
1
2 4. Proclamations/ Resolutions/ Special Presentations
3
4 a. Older Americans Month Proclamation
5 The Board considered voting to approve the proclamation designating May 2019 as
6 Older Americans Month and authorize the Chair to sign the proclamation.
7 Heather Altman, Vice Chair of the Board on Aging, and Janice Tyler, Department on
8 Aging Director, presented this item.
9
10 BACKGROUND:
11 May is Older Americans Month, a tradition dating back to 1963. For many years the Board of
12 Commissioners has issued a proclamation for Older Americans Month. This year's national
13 theme is Connect, Create, Contribute. The theme emphasizes that no one is ever too old (or
14 young) to take part in activities that can enrich their physical, mental, and emotional well-being.
15 It also celebrates the many ways in which older adults make a difference in their communities. It
16 encompasses the idea that getting older does not mean what it used to. For many aging
17 Americans, it is a phase of life where interests, goals and dreams can get a new and second
18 start. Today, aging is about eliminating outdated perceptions and redefining the way each
19 individual wants to age.
20
21 President Lyndon B. Johnson signed the Older Americans Act into law in July 1965. Since that
22 time, the Act has provided a nationwide aging services network and funding that helps older
23 adults live with dignity in the communities of their choice for as long as possible. These services
24 include senior centers, daily lunch programs, caregiver support, community-based assistance,
25 preventive health services, elder abuse prevention, and much more.
26
27 While the Department on Aging offers outstanding programs and services to older adults year-
28 round, Older Americans Month offers an opportunity to emphasize how older adults can access
29 the home- and community-based services needed to live independently in their communities. It
30 is also an occasion to highlight how older adults are engaging with and making a difference in
31 their communities. Project EngAGE Senior Leaders are shining examples of how it is to
32 Connect, Create, Contribute by connecting in their communities and reinventing themselves
33 through creating new projects and contributing to their community. Their work is organized into
34 thirteen Senior Resource Teams working in the following areas: Faith Based Outreach; Senior
35 Falls Prevention and Health Promotion; End of Life Choices; Neighborhood Connections,
36 Senior Rural Hunger; Senior Transportation and Mobility; Caregiver Support Team; Community
37 Visiting; Mental Health and Aging; Long Term Care; Intergenerational Aging; Aging Policy and
38 Advocacy; and LGBTQ and Aging.
39
40 Today there are over 28,000 Orange County residents who are 60+ and, of that group, over
41 1,800 who are over age 85. As large numbers of baby boomers reach retirement age, it is a
42 goal to keep them physically and socially active through their 80s and beyond. Lifelong
43 participation in community, social, creative and physical activities has proven health benefits,
44 including retaining mobility, muscle mass and cognitive abilities. Older adults are not the only
45 ones who benefit from their engagement in community life - studies show their interactions with
46 family, friends, and neighbors across generations enrich the lives of everyone involved.
47 In honor of this year's theme, Connect, Create, Contribute, everyone is challenged to get
48 connected by participating in activities that promote mental and physical wellness, offering
49 wisdom and experience to the next generation as everyone works to create the best community
50 possible, and contribute to the community by seeking mentorship of someone with more life
7
1 experience. No matter where an individual is in life, there is no better time than now to start
2 living life to the fullest.
3
4 Commissioner Bedford read the proclamation:
5
6 ORANGE COUNTY BOARD OF COMMISSIONERS
7 PROCLAMATION
8 Older Americans Month — May 2019
9 Theme - "Connect, Create, Contribute"
10
11 Whereas, Orange County includes almost 28,000 persons aged 60 and older who enrich our
12 community through their diverse life experiences; and
13
14 Whereas, Orange County is committed to strengthening our community by connecting with and
15 supporting older adults, their families, and caregivers and acknowledging their many valuable
16 contributions to society; and
17
18 Whereas, Orange County recognizes the importance of bringing together all generations and
19 engaging in activities that promote physical, mental, and emotional well-being for the benefit of
20 all; and
21
22 Whereas, Orange County can enhance the lives of older Americans in our community by:
23 • Promoting home and community based services that support independent living;
24 • Involving older adults in community planning, events, and other activities; and
25 • Providing opportunities for older adults to work, volunteer, learn, lead and mentor;
26
27 Now Therefore, we, the Orange County Board of Commissioners, do hereby proclaim May
28 2019 to be Older Americans Month, and urge every resident to take time this month to
29 recognize older adults and the people that serve them as essential and valuable members of
30 our community.
31
32 This the 2nd day of May, 2019.
33
34 Heather Altman said she has personally seen the dedication of the BOCC towards
35 making Orange County an amazing place for seniors to live. She thanked Janice Tyler, for
36 ongoing efforts to insure meaningful services and supports.
37 Heather Altman said the 5t" annual Orange County Direct Care Worker awards will be
38 held next week.
39 Janice Tyler thanked the BOCC for its support.
40
41 A motion was made by Commissioner Bedford, seconded by Commissioner McKee for
42 the Board to approve the proclamation and authorize the Chair to sign the proclamation.
43
44 VOTE: UNANIMOUS
45
46 b. Proclamation Recognizing Daniel Aaron Toben
47 The Board considered voting to approve a proclamation recognizing Daniel Aaron
48 Toben for his services to Orange County.
49
50 BACKGROUND:
8
1 Daniel Aaron Toben has been a leader in environmental restoration and remediation in Orange
2 County. Mr. Toben has made significant contributions to improve the health and welfare of the
3 residents of Orange County. He has worked diligently, at times leading multiple groups, to
4 improve the quality and natural beauty of Orange County's roadsides, streams and forests.
5
6 Commissioner Marcoplos read the proclamation:
7
8 ORANGE COUNTY BOARD OF COMMISSIONERS
9 PROCLAMATION RECOGNIZING
10 DANIEL AARON TOBEN
11
12 WHEREAS, Orange County is committed to the health of its residents, both human and non-
13 human; and
14
15 WHEREAS, trash and refuse discarded in the forests and streams and roadsides in Orange
16 County pose a health risk to those residents, and despoil the County's natural
17 beauty; and
18
19 WHEREAS, the Mission of Orange County to provide services to its residents depends on the
20 energy, skills and dedication of all our employees and volunteers; and
21
22 WHEREAS, Daniel Aaron Toben, a lifelong resident of Orange County, has voluntarily spent
23 thousands of hours and thousands of dollars of his earned income over the past
24 ten years cleaning up trash and tires in some of the most neglected parts of
25 Orange County; and
26
27 WHEREAS, Daniel Aaron Toben has led school groups and church groups on volunteer clean-
28 up days around Orange County; and
29
30 WHEREAS, Daniel Aaron Toben is voluntarily teaching classes about environmental restoration
31 and remediation to middle school and high school students across Orange
32 County; and
33
34 WHEREAS, Daniel Aaron Toben has raised over $6,500 from concerned residents via online
35 crowd-funding sites to purchase trash bags, gloves, and others supplies needed
36 to complete his tasks for the benefit of Orange County;
37
38 NOW, THEREFORE, the Orange County Board of Commissioners recognizes the significant
39 contribution that Daniel Aaron Toben has made to improve the health and
40 welfare of the residents of Orange County and to its streams and forests, offers
41 thanks to Daniel Toben for his sacrifice of time and resources to improve the
42 quality of life of the residents of Orange County, and for the example that he sets
43 for the students he teaches and leads in environmental restoration and
44 remediation across the County and encourages others to likewise help keep
45 Orange County the most beautiful county in North Carolina.
46
47 This the 2nd day of May 2019.
48
49 Daniel Toben thanked the Board of County Commissioners, and especially
50 Commissioner Marcoplos for this recognition. He said he is from Orange County (Chapel Hill),
9
1 and a lot of people in attendance tonight have cleaned up about 4,000 bags of litter and tires
2 from Orange County. He said some of his best friends have been made through this process.
3 Commissioner Marcoplos said he has been following his exploits on Facebook, and the
4 commitment is laudable and unique.
5 Chair Rich thanked him for his clean up at the end of her street
6
7 A motion was made by Commissioner Marcoplos, seconded by Commissioner Dorosin
8 for the Board to approve the proclamation and authorize the Chair to sign the Proclamation
9 Recognizing Daniel Aaron Toben.
10
11 VOTE: UNANIMOUS
12
13 c. Distinguished Budget Presentation Award
14 The Board recognized the budget staff of the Orange County Finance and
15 Administrative Services Department for earning the Government Finance Officers' Association
16 (GFOA) Distinguished Budget Presentation Award for the 2018-19 fiscal year budget
17 documents.
18
19 BACKGROUND:
20 GFOA is an internationally recognized organization that offers guidance and support to local
21 and state government budget and finance professionals throughout the United States and
22 Canada. The GFOA's Distinguished Budget Presentation Award is the highest form of
23 recognition in governmental budgeting and represents a significant achievement by the
24 organization. Its attainment represents a major achievement by a governmental entity and its
25 budget team. In order to receive this award, the County's budget and capital planning
26 documents must meet stringent program criteria such as policy documents, operations guides,
27 financial plans, and communications devices.
28
29 This year marks the twenty-seventh year that Orange County has received the GFOA
30 Distinguished Budget Presentation Award. Eligibility standards and expectations for the award
31 become more stringent and rigorous each year. The County commends the budget staff for
32 their ability to consistently achieve the high standards required to receive this esteemed award.
33
34 Gary Donaldson, Chief Financial Officer, made the following PowerPoint presentation:
35
36 Distinguished Budget Award Reporting
37 Department of Finance and Administrative Services
38
39 ➢ Government Finance Officers Association (GFOA) of the U.S. and Canada
40 - Primary Finance Association for State and Local Governments
41 - 1,600 Governments participate in the Budget Awards Program
42 - Budget Award Program focus:
43 ■ Policy Instrument
44 ■ Financial Plan
45 ■ Operations Guide
46 ■ Communications Device
47 ➢ County Finance and Administrative Services
th
48 - Budget team's 27 year receiving Distinguished Budget Award
49 - County rated proficient or outstanding in 27 categories by peer reviewers
10
1 - County Budget for FY 2019-20 includes Key Performance Indicators and
2 integrates use of Financial Model in Budget Formulation
3 - Quarterly Reporting provides regular financial performance and
4 communication of the Annual Operating Budget
5
6 Budget Awards Program Focus
7
8 Budget Awards 27 Criteria- graph
9
10 Long-Term Financial Model: Integration in Annual Operating Budget Formulation
11 ➢ Financial Policies
12 - Compliance with Board Adopted Fund Balance Policy
13 - Education and Outside Agency Funding Targets
14 - Use of Non-Recurring Revenue to One-Time Expenditures Only
15 ➢ Capital and Debt Policies
16 - Impact of Capital Investment Plan on Annual Operating Budget
17 - Long-Term Debt Ratios; Debt Service as % of Budget and Total Debt to
18 Assessed Value
19 ➢ Long-Term Financial Forecast
20 - Review of Historical Revenues and Expenditure Trends from FY 2003 to
21 Update Five-Year Financial Forecast Model
22 - Current Fiscal Year Estimates are basis for Budget Formulation
23 - 2% CPI growth assumption for Expenditure Drivers
24 Budget Formulation: Key Objectives
25
26 The Board recognized the budget staff of the Finance and Administrative Services
27 Department for the receipt of the GFOA Distinguished Budget Award, and Commissioner
28 Greene presented the GFOA plaque to the staff.
29 Commissioner Dorosin referred to the slide that has the criteria, and asked if there is a
30 reason that one section is blacked out.
31 Gary Donaldson said that is just an excerpt.
32 Commissioner Dorosin asked if the scores are present when this is received from the
33 viewers.
34 Gary Donaldson said yes.
35 Commissioner Dorosin said he would like to see these scores in the future.
36
37 d. Presentation of Manager's Recommended Fiscal Year 2019-20 Annual Operating
38 Budget
39 The Board received the Manager's Recommended FY 2019-20 Annual Operating
40 Budget.
41
42 BACKGROUND:
43 Each year during the month of May, the County Manager presents the Board of County
44 Commissioners with a recommended spending plan for the next fiscal year. The Board of
45 County Commissioners and County staff have held work sessions, as well as the BOCC
46 Retreat, over the past nine months to discuss various issues and projects that guided the
47 recommendations related to the County's FY 2019-20 Budget. During the meeting, the Manager
48 will provide a brief presentation of the Recommended FY 2019-20 Annual Operating Budget.
49
11
1 The Board of County Commissioners will conduct two Budget Public Hearings —the first at 7:00
2 p.m. on Tuesday, May 14, 2019 at the Richard Whitted Meeting Facility, 300 West Tryon Street
3 in Hillsborough, and the second at 7:00 p.m. on Thursday, May 16, 2019 at the Southern
4 Human Services Center, 2501 Homestead Road in Chapel Hill.
5
6 Bonnie Hammersley made the following PowerPoint presentation:
7
8 FY2019-20
9 COUNTY MANAGER RECOMMENDED BUDGET
10
11 BUDGET PRIORITIES
12 ❑ DEBT SERVICE
13 ❑ PERSONNEL COST
14 ❑ CHCCS AND ORANGE COUNTY SCHOOL FUNDING
15 ❑ CONTRACT OBLIGATIONS
16 ❑ RESERVE LEVELS
17
18 BUDGETED REVENUES AND EXPENDITURES - GRAPH
19
20 BUDGETED REVENUES - GRAPH
21
22 BUDGETED EXPENDITURES - GRAPH
23
24 ASSUMPTIONS
25 ❑ Property Tax Growth: 2.1% _ $3,226,735
26 ❑ Sales Tax Growth: 4.0% _ $975,874
27 ❑ General Fund Reserve: 16% _ $34.8 million
28
29 Tax Rate Increase $0.0150 to $0.8654 - Chart
30 ❑ 0.01 on county tax rate = $1,877,087
31 ❑ $0.0150 on county tax rate = $2,815,630
32
33 Commissioner Dorosin clarified that the recommendation is highlighted, and the
34 not recommended is how much.
35 Bonnie Hammersley said it would be just under a nickel, plus just under a penny.
36 Commissioner Dorosin said the option would be the total of two columns.
37 Bonnie Hammersley said yes, it would be 5.8 cents.
38 Commissioner Dorosin asked if the Board selected that option, would there be a
39 forecast of 2021-2022 projections.
40 Bonnie Hammersley said those projections would not be necessary. She resumed the
41 presentation:
42
43 0.0150 Tax Rate Increase Impact - Chart
44
45 0.0580 Tax Rate Increase Impact (Option with One-Time Tax Rate of 0.0490 cents for
46 Debt Service and 0.0090 for Operations in FY2019-20) - Chart
47
48 Education - ADM - graph
49
50 Education - OPERATIONS/per pupil - graph
12
1
2 Education - CAPITAL needs - graph
3
4 Education - County Appropriation - graph
5
6 Durham Tech - Chart
7
8 Commissioner Dorosin said, in the future, it would be helpful to have the comparison on
9 this slide; what is requested, compared to what is recommended.
10 Bonnie Hammersley said Durham Tech requested $723,000, which she recommended,
11 and Durham Tech also requested the $200,000. She said Durham Tech also requested
12 $100,000 in the capital outlay, $25,000 for the Skills Development Center on Franklin Street,
13 which she did not recommend at this time.
14
15 Outside Agencies — Chart
16
17 Outside Agencies — Chart
18
19 Fire Districts — Chart
20
21 County Departments — Employee Compensation
22
23 FUNCTIONAL LEADERSHIP TEAMS
24 ❑ COMMUNITY SERVICES
25 ✓ Increase Solid Waste Program Fee by $10 (from $132 to $142 per year)
26 ✓ Solid Waste— Enterprise Fund (No General Fund support)
27 ✓ Orange County Public Transportation — OCPT Drivers - 2.0 FTE and Operations
28 Manager-1.0 FTE (offset by Article 43 Sales Tax proceeds and additional
29 revenues)
30 ❑ GENERAL GOVERNMENT
31 ✓ IT Security Officer-1.0 FTE, starting 1/1/20
32 ✓ Diversity, Equity, and Inclusion Training — 2nd year of 3 year plan (fund
33 reallocation)
34
35 ❑ HUMAN SERVICES
36 ✓ Navigators — 8.25 FTE (fund reallocation)
37 ❑ PUBLIC SAFETY
38 ✓ Criminal Justice Resources Attorney— 1.0 FTE, starting 10/1/19
39 ✓ Sheriff Deputies— 5.0 FTE
40 ✓ Community Paramedic
41
42 Budget Availability:
43 ❑ Clerk to Board of Commissioners
44 ❑ County Finance &Administrative Services Office
45 ❑ Orange County Library
46 ❑ Chapel Hill Public Library
47 ❑ Carrboro/McDougle Branch Library
48 ❑ Orange County Website - http://orangecountync.gov
49
13
1 Bonnie Hammersley recognized and commended the Budget office and staff for its
2 assistance.
3 Commissioner Dorosin said thanked Bonnie Hammersley, and all of the staff, for this
4 budget, and a thorough and detailed comprehensive strategy
5 Commissioner Dorosin said he is gratified to see some of the critical issues the Board
6 has discussed included in this budget, despite its lean nature.
7
8 5. Public Hearings
9 None
10
11 6. Regular Agenda
12
13 a. Adoption of the Final Financing Resolution Authorizing the Issuance of
14 $16,950,000 in Installment Purchase Financing for Various Capital Investment
15 Plan Projects
16 The Board considered voting to adopt the final financing resolution authorizing the
17 issuance of approximately $16,950,000 in installment financing to finance capital investment
18 projects and equipment for the fiscal year, and including amounts to pay transaction costs.
19
20 BACKGROUND:
21 At the March 19, 2019 meeting, the Board of County Commissioners received preliminary
22 information of capital projects and equipment financing for the year. At that meeting, the Board
23 made a preliminary determination to finance costs of these projects and equipment by the use
24 of an installment financing, as authorized under Section 160A-20 of the North Carolina General
25 Statutes. The financing will also include amounts to pay transaction costs.
26
27 The Statutes require that the County conduct a public hearing on the proposed financing and
28 refinancing contracts. The County conducted a public hearing at the March 19, 2019 meeting,
29 and adopted the resolution supporting the application to the Local Government Commission
30 (LGC) for approval of the financing. County staff has been in contact with the LGC staff, and
31 staff expects no issues with receiving LGC approval.
32
33 If the Board adopts the final financial resolution authorizing final approval to the financing at
34 tonight's meeting, staff expects the LGC to approve the financing plan at the LGC's meeting on
35 May 7, 2019. Under the current schedule, staff expects to set the final interest rates and other
36 terms of the financing in April 2016, and to close on the financing the week of May 27th. It is
37 requested that the Board approve a financing amount not to exceed $16,950,000 and a
38 maximum interest rate of 4.00%. The 55-page Draft Preliminary Official Statement is available
39 upon request from the County's Finance and Administrative Services staff.
40
41 FINANCIAL IMPACT: There will be a financial impact in proceeding with the financing. At
42 current rates, preliminary estimates of maximum debt service applicable to the capital
43 investment projects and equipment financing would require the highest debt service payment of
44 $1.7 Million in FY 2021. A portion of this debt financing is related to projects where the debt
45 service payments will be paid from Article 46 Sales Tax and Solid Waste Program Fees.
46
47 Gary Donaldson made the following PowerPoint presentation:
48
49 Series 2019A Limited Obligation Bonds
50 Final Financing Resolution
14
1 Gary Donaldson, Chief Financial Officer
2 May 2, 2019
3
4 Purpose:
5 ➢ Limited Obligation Bonds pursuant to NC Statute Section 160A-20
6 ➢ Payments for the Limited Obligation Bonds, Series 2019A will be made to Trustee by
7 March 25 (for April 1 debt service) and by September 25 (for October 1 debt service);
8 estimated interest rate not to exceed 4%
9
10 ➢ The Series 2019A Limited Obligation Bonds are secured by a Deed of Trust, with a
11 security interest in various County buildings and land with a total collateral value
12 estimated at $15.7 million
13 ➢ The Series 2019A Limited Obligation Bonds will fund various County projects including:
14 - Vehicles and Equipment (5-8 Years): $4.0 Million
15 - County/School Facility Improvements: $11.7 Million
16 - Land/ Easements: $0.4 Million
17 - Total: $16.1 Million
18
19 Key Financing Terms:
20
21 ➢ Security Pledge- County collateral Government Services Annex, Government Services
22 Link Center, District Attorney Building, Emergency Operations Center and the Northern
23 Campus Site Land
24 ➢ Maturity Term- 5- 20 Year maturities matches with the useful life of the assets
25 ➢ Estimated Interest Rates- up to 4% subject to market conditions
26 ➢ Maximum Annual Debt Service not exceeding $1.7 Million (FY 2020-21)
27 ➢ Source of Repayment- Property Tax, Article 46 Sales Tax (for Hillsborough EDD Utility)
28 and Solid Waste Fees (for Vehicles and Equipment)
29 ➢ Subordinate Lien and Pledge to General Obligation Bonds
30 ➢ Rating Affirmations- AA1/AA+/AA+ from Moody's, Standard & Poor's and Fitch Ratings
31
32 Key Debt Model Metrics - graph
33
34 Financing Schedule
35
36 Bob Jessup, Bond Counsel, said the recommended action is to adopt the resolution.
37 Commissioner Dorosin asked if it could be explained how this is limited versus general
38 obligation if property tax is the source of repayment.
39 Bob Jessup said there is a difference between the property tax being the expected
40 source of the repayment and a limited obligation bond, and the County having made a legally
41 enforceable promise to levy property taxes as may be necessary, which is what occurs in a
42 general obligation bond. He said it is the expected source, but if a limited obligation bond is not
43 paid, one cannot be forced to raise taxes as one theoretically could be when failing to pay a
44 general obligation bond.
45 Commissioner Dorosin said it is not pledging the taxing authority.
46 Bob Jessup said yes.
47 Commissioner Marcoplos asked if the "Rogers Road Community Center infrastructure"
48 could be clarified.
49 Gary Donaldson said it was part of the utility infrastructure connections for water and
50 sewer.
15
1 Chair Rich asked if solar panels will be put there.
2 Travis Myren said not this budget year.
3
4 A motion was made by Commissioner McKee, seconded by Commissioner Bedford for
5 the Board to approve the resolution as presented authorizing the steps to proceed with the
6 financing of the stated capital projects and equipment.
7
8 VOTE: UNANIMOUS
9
10 b. Interlocal Agreement with Towns of Chapel Hill and Carrboro Related to the
11 Historic Rogers Road Area Private Sewer Service Lateral Connection Installations
12 for Qualified Low-to-Moderate-Income (LMI) Homeowners — Cost Share
13
14 The Board considered voting to approve an Interlocal Agreement between Orange
15 County, the Town of Chapel Hill, and the Town of Carrboro to jointly fund the costs of private
16 sewer service lateral connection installations for qualified Low-to-Moderate-Income (LMI)
17 homeowners in the Historic Rogers Road sewer service area.
18
19 Craig Benedict, Planning Director, presented this item:
20
21 BACKGROUND: The newly constructed Historic Rogers Road Area gravity sewer system is a
22 public system owned by Orange County and operated by the Orange Water and Sewer
23 Authority (OWASA). The general contractor for the sewer expansion project has installed
24 approximately 108 sewer service stub-outs/clean-outs to lots within the Historic Rogers Road
25 sewer service area. The design and construction of the Historic Rogers Road Area gravity
26 sewer system was initiated based on the recommendations contained within the Historic Rogers
27 Road Neighborhood Task Force Final Report dated September 17, 2013. The 67-page Report
28 is available on-line at https://www.townofchapelhill.org/home/showdocument?id=25341. The
29 map at Attachment 3 is from the Report and formed the basis for the gravity sewer system
30 layout and design. The costs associated with the design and construction of the gravity sewer
31 system were shared between Orange County, the Town of Chapel Hill, and the Town of
32 Carrboro as specified in an Interlocal Agreement entered into on December 13, 2016
33 (Attachment 1).
34 Orange County, in partnership with the Towns of Chapel Hill and Carrboro, will be providing
35 joint funding to cover the costs of private sewer service lateral connection installations, septic
36 tank abandonments and payments of OWASA sewer system development fees for qualified
37 LMI homeowners of existing dwellings located on Heritage Lots within the Historic Rogers Road
38 sewer service area. There are 62 Heritage Lots on which existing dwellings are located, but the
39 exact number and locations of LMI qualifying households within those 62 existing dwellings is
40 unknown at this time. The public funding for installation of private sewer service lateral
41 connections for qualified LMI homeowners will be conducted over a three (3) year period.
42
43 Private sewer service lateral connection installation work will be triggered, and subsequently
44 scheduled, based on formal requests to Orange County by Heritage Lot homeowners to
45 connect to the gravity sewer system. Therefore, the total length of sewer service lateral pipe to
46 be installed and the total number of septic tanks to be abandoned as part of the solicitation
47 award is unknown at this time. The total cost of each private sewer service lateral connection
48 installation will be site-specific, based on the configuration and constraints of the property and
49 the dwelling to be served. Orange County staff estimates that up to 27 LMI-qualified Heritage
50 Lot homeowners will request connection to the gravity sewer system over the three (3) year
16
1 period in which public funding will be available.
2 Attorneys for Orange County and the Towns of Chapel Hill and Carrboro have previously
3 advised their elected officials, managers, and staffs that the respective legal departments do
4 not believe the local governments have the necessary authority to pay for private sewer service
5 lateral connection installations that are not owned by "persons of low and moderate income".
6 Therefore, non-LMI Heritage Lot homeowners will not be able to utilize the joint funding that will
7 be made available by the proposed Interlocal Agreement (Attachment 2). Non-LMI Heritage Lot
8 homeowners (owner-occupied) wishing to connect to the gravity sewer system in the Rogers
9 Road area will be able to access a no-interest 10-year loan from Orange County, on a voluntary
10 basis, to help cover the associated costs.
11 The proposed Interlocal Agreement (Attachment 2) is the product of a joint collaborate review
12 effort by the Rogers Road Staff Working Group. The Group meets on a bi-weekly basis and
13 consists of designated representatives from Orange County, the Towns of Chapel Hill and
14 Carrboro, and OWASA. The proposed Interlocal Agreement has also been reviewed and
15 approved by the respective Attorneys of the three local governments. The Chapel Hill Town
16 Council is scheduled to consider the proposed Interlocal Agreement on May 1, and the Town of
17 Carrboro Board of Aldermen is scheduled to consider the proposed Interlocal Agreement on
18 May 7.
19
20
21 FINANCIAL IMPACT:
22 There is adequate existing Planning & Inspections staff and Housing &
23 Community Development staff to complete the responsibilities enumerated in the proposed
24 Interlocal Agreement (Attachment 2). The installation of private sewer service lateral
25 connections will occur over the next three years (2019, 2020, 2021), commencing upon the
26 adoption of the proposed Interlocal Agreement and upon the solicitation of pre-qualified
27 licensed plumbers to complete the private sewer service lateral connection installation work.
28
29 Orange County had budgeted $220,000 in the current (FY18/19) Capital Investment Plan (CIP)
30 to fund this program, with the expectation of reimbursement by the Towns, as detailed in the
31 proposed Interlocal Agreement. Staff will do a CIP amendment to add an additional $23,000
32 transferred from the construction account for a total of$243,000, which matches the related
33 ILA. If Planning & Inspections staff determines that the costs of private sewer service lateral
34 connection installations for LMI-qualified Heritage Lot homeowners may exceed the allocated
35 budget, the staff will present a CIP amendment to the BOCC for consideration.
36
37 Commissioner Dorosin clarified the 62 potential Heritage lots may be eligible and at
38 least 27 will likely qualify, and there may be more.
39 Craig Benedict said yes.
40 Commissioner Dorosin asked if as many as there are that qualify will be eligible to get
41 this support.
42 Craig Benedict said yes.
43 Commissioner Dorosin asked if one only gets the full amount if one applies in the first
44 two years, and only 50% if one applies in year three.
45 Craig Benedict said that is correct.
46 Commissioner Dorosin asked if there is a rationale behind this drop off.
47 Craig Benedict said it intends to have people connect as soon as possible, and to
48 abandon septic systems that might be failing, sooner rather than later. He said letters will go
17
1 out later this month, if all local boards approve this. He said the goal is to get as many people
2 connected as soon as possible.
3 Commissioner Dorosin asked, if one does not sign up until the third year, would one still
4 be eligible for the no interest loan for the other 50%.
5 Craig Benedict said yes.
6 Commissioner Dorosin asked if the Board wants to add in a provision that the loan will
7 be forgiven over time, to incentivize people to remain in the community.
8 Chair Rich said this was discussed at the Rogers Road meeting, and it was concluded
9 that if the owner moves before the ten year loan was up, the loan follows with the people that
10 buy the property.
11 Craig Benedict said that is correct.
12 Commissioner Dorosin said he wanted the loan to go away after a period of time, unless
13 it is transferred outside of the family. He said forgiving the loan incentivizes people to stay and
14 not sell out to developers. He said if the property goes to a developer, or non-family member,
15 the loan should be due immediately. He said he hopes residents will be eager to connect
16 quickly, within the first two years, and the composition of the neighborhood can remain the
17 same.
18 Craig Benedict said the interlocal agreement covers the low to moderate income
19 families, and asked if Commissioner Dorosin wants more information about the 10-year loan,
20 and if there could be provisions regarding owners staying in the homes. He said this would be
21 a policy regarding the 10-year, no interest loan.
22 Commissioner Dorosin said yes, and he wants to think more about all of this, and find
23 ways to reduce or remove the burden of the loan.
24 Commissioner Dorosin asked if the cut off for low to moderate income in Orange County
25 could be identified.
26 Craig Benedict said the Housing Department would evaluate the criteria.
27 Sherrill Hampton said it depends on the number of people in a household, and she can
28 send the Board the current table tomorrow. She said the new income limits will come out in
29 June 2019.
30 Commissioner Dorosin asked if the estimate of the cost per house includes a flat fee
31 that gets paid to OWASA.
32 Craig Benedict said the fee is based on the house size, and some changes have been
33 made to make it less money for the smaller house.
34 Commissioner Dorosin clarified that it is not based on the income of the resident.
35 Craig Benedict said no.
36 Commissioner Dorosin said lowest amount is $3000, and about a 1/3 of the estimated
37 costs are just fees getting paid to OWASA. He said this is counterintuitive and
38 counterproductive.
39 Commissioner Dorosin asked John Roberts if the Board is legally prohibited from
40 assisting residents that are not low to moderate income.
41 John Roberts said no, the Board is not legally prohibited, but if the Board sets up a
42 program to benefit a small group of people in this area, who do not qualify as low to moderate
43 income, then the program would have to be available to every other similarly situated person in
44 the County.
45 Commissioner Dorosin asked if the Board could declare this area an economic
46 redevelopment district.
47 John Roberts said he would have to research this.
48 Commissioner Dorosin said he would like to keep this community intact, and he would
49 appreciate any tweaking on this. He said he is very grateful for, and encouraged by, all the
50 work that has been done so far.
18
1 Commissioner Marcoplos asked if the low and moderate income is regulated by a
2 federal formula, and if the BOCC satisfied that this formula is accurate within the local
3 economy.
4 Sherrill Hampton said it is a federal formula, and since the limits are high, it is within the
5 local limits. She said this is especially true of the federal programs.
6 Commissioner Marcoplos asked if those who are not low to moderate income, according
7 to the formula, but in reality may be low to moderate income, will still qualify for help; will this
8 catch everyone who really needs help.
9 Sherrill Hampton said she would prefer not to answer because there are some people
10 who fall so closely above the cut off point, and thus may fall through the cracks. She said the
11 limits are high in Orange County, and she will forward this information as soon as possible.
12 She said these limits are expected to increase again with the 2019 numbers, which would
13 qualify more people as eligible for help.
14 Chair Rich asked if the Board were to proceed with the proposed incentives, suggested
15 by Commissioner Dorosin, would the item bounce back to Chapel Hill and Carrboro.
16 Bonnie Hammersley said because this discussion pertains to year three of this
17 agreement, it may be wise to monitor years one and two, and amend the agreement, if
18 necessary, at that time.
19 Chair Rich asked if Commissioner Dorosin agreed with this plan.
20 Commissioner Dorosin said he believed that 27 homes is a low estimate, and he said it
21 will be critical to work with local, trusted partners to provide thorough and engaged outreach.
22 He said he wants to ensure that everyone gets connected without cost, if so eligible.
23 Chair Rich said she thinks this covers all these concerns.
24 Craig Benedict said staff will stay on top of all of these details, and certainly plans to
25 maximize all available dollars.
26 Commissioner Dorosin asked if the Rogers Road Community Center and local churches
27 will be accounted for.
28 Craig Benedict said the community center is already connected, and the church will
29 have to pay the standard amount through an application process with OWASA.
30 Commissioner Dorosin asked if the church could qualify for this program, given that it is
31 a non-profit.
32 Craig Benedict said not at this time.
33 Commissioner Dorosin asked if the BOCC can do anything about this.
34 John Roberts said the County could consider a non-profit grant, but the church would
35 not qualify on the low to moderate income aspect.
36 Commissioner Dorosin said he would like more information about this as well.
37
38 A motion was made by Commissioner Dorosin, seconded by Commissioner Marcoplos
39 for the Board to:
40 1) Approve the proposed Interlocal Agreement contained in Attachment 2 and authorize the
41 County Manager and Finance Director to sign; and
42 2) Direct staff to move forward with implementation by completing the responsibilities listed
43 in Article 4 of the proposed Interlocal Agreement contained in Attachment 2.
44
45 VOTE: UNANIMOUS
46
47 ADDED:
48 c. Letter to North Carolina Association of County Commissioners Expressing a
49 Regional Preference for Medicaid Tailored Plans
19
1 The Board considered voting to authorize the Chair to sign a letter to the North Carolina
2 Association of County Commissioners expressing Orange County's preference to align its
3 Medicaid Tailored Plan Region with Durham and Wake counties.
4 Travis Myren reviewed the information below:
5
6 BACKGROUND:
7 In February 2019, the North Carolina Association of County Commissioners was asked by the
8 North Carolina Department of Health and Human Services to assist with phase two of Medicaid
9 transformation by coordinating and facilitating a process to develop recommended regions for
10 Tailored Plans.
11
12 The Association has organized a committee to coordinate recommendations. The Committee
13 consists of county commissioner representatives from each Managed Care Organization (MCO)
14 region. This Committee has invited stakeholder input on the composition of Tailored Plan
15 regions. The deadline to provide input is April 17, 2019.
16
17 At the April 2, 2019 regular Board meeting, a petition was made requesting that the County
18 communicate Orange County's preference to be part of a Tailored Plan region that also
19 includes Durham and Wake counties. Staff has attached draft language for a proposed letter
20 addressing that interest.
21
22 The Board voted on April 16t" but it was a tied vote and thus failed.
23 Thus, Commissioner Dorosin requested that this be re-visited.
24
25 It is proposed that the Board formally authorize the Chair, on behalf of the Board, to sign a letter
26 expressing the County's preference, and for the Clerk to the Board to submit the letter as soon
27 as possible.
28
29 Commissioner Bedford apologized that she was unable to attend the April 16t" meeting
30 due to being with her sister who had open-heart surgery. She said she does have an adult
31 daughter with developmental disabilities, who is served by Cardinal Innovations (CI) and
32 currently resides in Harnett County.
33 Commissioner Bedford said counties have been asked to provide input about the
34 regrouping for tailored plans. She said tailored plans are in part 2 of the Medicaid expansion.
35 She said this decision will not be made by the MCO grouping, but rather the state DHHS will
36 make the final decision, and requested input from the NCACC and the counties. She said the
37 LME/MCOs will have representatives to this process as well.
38 Commissioner Bedford said as someone who is very familiar with the process, it would
39 be easier and more accessible for the residents in Orange County to access services in Orange
40 County and be aligned with Wake and Durham counties, as opposed to the 20 counties
41 heading west, with a headquarters in Charlotte.
42 Commissioner Bedford referred to the CI CEO's comment that more money was spent
43 than appropriated, and said this is expected from most of the counties in the state, because the
44 MCOs had been accumulating fund balance. She said in 2017, the General Assembly (GA)
45 appropriations limited and decreased their funding for those who are uninsured or
46 underinsured, and required maintenance of expenditures at the 2014-2015 level. She said the
47 GA wants the MCOs to spend more than they are appropriated in order to spend down the fund
48 balance.
20
1 Commissioner Bedford said on March 27t" the News & Observer wrote an article
2 reporting that the State Auditor Beth Wood had again found that there are hundreds of millions
3 of dollars being held by these MCOs, in excess of the recommended 2% fund balance.
4 Commissioner Bedford said today Cl responded with actual numbers of the $4 million
5 community outreach done by Cl. She said it was expressed that Orange County is the largest
6 county in this region, but the rates are set by actuaries and are based on a complex formula.
7 She said, even as a CPA, these documents can be hard to follow. She said she has provided
8 the Board with CI's list of eligible members, starting with Mecklenburg County at over 1 million.
9 She said Orange County falls in the middle, but this is irrelevant, as the County will be funded
10 based on the formula on a per person basis.
11 Commissioner Bedford referred to the issue of funding Club Nova, who came to the
12 Board with the news of this $500,000 funding promise made by Cl, but that this promise was
13 contingent upon Club Nova raising 80% of it $4.5 million goal by year's end. She said this goal
14 is lofty, if not unattainable.
15 Commissioner Bedford said there is language that states, "LME/MCOs shall be
16 prohibited from offering, and counties will be prohibited from receiving any financial or material
17 inducement to change or maintain current affiliation," and so these funds to Club Nova should
18 not be a factor in the Board's decision.
19 Commissioner Bedford said this goes into effect in 2021, and the County is committed
20 for 4 years thereafter. She said sending the letter is no guarantee of regrouping, but is an
21 opportunity to provide input.
22 Commissioner Bedford said the email from Cl also indicated that it is the oldest and
23 most mature MCO, and is thus reason to stay with Cl, but she finds this illogical.
24 Commissioner Marcoplos clarified that sending a letter to NCACC is an opportunity for
25 the Board to express its will, and the DHHS will make the final decision. He asked if the odds of
26 success are known.
27 Commissioner Bedford said in part 1 of Medicaid, Orange County is grouped differently,
28 but really she has no idea why. She suggested copying the DHHS secretary.
29 Commissioner Greene said she did not support this last time, but she has now talked
30 with Commissioner Bedford and feels far more informed this evening.
31 Chair Rich said she and Commissioner Bedford spoke several times, and she also
32 spoke with Club Nova, as well as Representative Verla Insko and Representative Graig Meyer.
33
34 PUBLIC COMMENT:
35 Ric Bruton, Cardinal Innovations Healthcare, said he regrets Commissioner Bedford was
36 not present at the last meeting. He said he would love to speak further with her about the
37 financial information. He said Medicaid reform is coming in November, and those with mild to
38 moderate mental health and substance abuse disorders will be transition to commercial
39 managed care, which will be a big change. He said there will be another change in 2021, and
40 he does not recommend that the Board add yet another layer of change. He said there is a lot
41 of potential for disruption, and he feels the community served by CI would not be in favor of the
42 Board passing this motion.
43 Commissioner Dorosin asked if these groupings are changed, would it be in 2021.
44 Commissioner Bedford said implementation is for 2021. She said Medicaid part 1 will
45 be implemented in November 2019.
46 Commissioner Dorosin said he has heard a great deal of dissatisfaction from the
47 community regarding Cl, and while he was the BOCC representative, he was very disappointed
48 by how the County was treated. He said he is grateful that the Board of County Commissioners
49 is willing to take this up, and he supports this change, as it has been an unsatisfactory
50 relationship.
21
1
2 A motion was made by Commissioner McKee, seconded by Commissioner Bedford that
3 the Board authorize the Chair to sign a letter to the Committee recommending the composition
4 of Tailored Plan Regions that communicates Orange County's preference to be in a Region that
5 includes Durham and Wake counties, and for the Clerk to the Board to submit the letter to the
6 NCACC committee and copy DHHS secretary, and the legislative delegation.
7
8 VOTE: UNANIMOUS
9
10 7. Reports
11 None
12
13 8. Consent Agenda
14
15 • Removal of Any Items from Consent Agenda
16 8-d Commissioner Marcoplos
17
18 • Approval of Remaining Consent Agenda
19
20 A motion was made by Commissioner McKee, seconded by Commissioner Greene for
21 the Board to approve the Consent Agenda.
22
23 VOTE: UNANIMOUS
24
25 Discussion and Approval of the Items Removed from the Consent Agenda
26
27 d. Fiscal Year 2018-19 Budget Amendment#8
28 The Board considered voting to approve budget, county capital, and school capital
29 project ordinance amendments for fiscal year 2018-19 for Department of Environment,
30 Agriculture, Parks and Recreation (DEAPR); Health Department; Orange County Schools
31 Capital Projects; and Article 46 Sales Tax Proceeds.
32
33 Commissioner Marcoplos said he would like to understand the accounting process for
34 the Article 46 sales tax proceeds. He asked if there a reason why the County ends up with
35 additional collected funds, when presumably the money is disbursed annually.
36 Paul Laughton, Finance and Administrative Services, said the Article 46 Sales Tax
37 actual revenues since inception (April 2012) has been higher than the budgeted amounts. He
38 said the $1.1 million that is part of Budget Amendment #8 represents collection amounts
39 exceeding the budgeted amount. He said in the future, staff will bring forward budget
40 amendments on an annual basis following the completion of the financial audit.
41 Chair Rich asked if these Article 46 funds are part of the percentage, which is given to
42 the schools.
43 Paul Laughton said this is separate, and is part of the CIP. He said the 48.1% is used
44 on current expense, debt service, long range and recurring capital, etc. He said this is put in by
45 the ADM.
46 Chair Rich said it is above the target.
47 Paul Laughton said yes.
48 Commissioner McKee said this is a good thing.
49 Commissioner Dorosin said since it is not counted in the 48.1%, it would be good to
50 have an assessment of the total amount of education funding.
22
1 Chair Rich said these types of add-ons are why the percentage sometimes exceeds
2 50%.
3 Bonnie Hammersley said it went above 50% because of the general fund revenue. She
4 said because less fund balance is being used, more general fund revenue is needed. She said
5 the more revenue, the more must be spent to get to the percentage.
6
7 A motion was made by Commissioner Marcoplos, seconded by Commissioner Dorosin
8 to approve the budget, county capital, and school capital project ordinance amendments for
9 fiscal year 2018-19.
10
11 VOTE: UNANIMOUS
12
13 a. Minutes
14 The Board approved the minutes from April 4 and 9, 2019, as submitted by the Clerk to the
15 Board.
16 b. Motor Vehicle Property Tax Releases/Refunds
17 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
18 property tax values for seven taxpayers with a total of seven bills that will result in a reduction of
19 revenue in accordance with the NCGS.
20 c. Property Tax Releases/Refunds
21 The Board adopted a resolution, which is incorporated by reference, to release property tax
22 values for one taxpayer with a total of one bill that will result in a reduction of revenue in
23 accordance with North Carolina General Statute 105-381.
24 d. Fiscal Year 2018-19 Budget Amendment#8
25 The Board approved budget, county capital, and school capital project ordinance amendments
26 for fiscal year 2018-19 for Department of Environment, Agriculture, Parks and Recreation
27 (DEAPR); Health Department; Orange County Schools Capital Projects; and Article 46 Sales
28 Tax Proceeds
29 e. Approval of Budget Amendment #8-A for Repair of the Soltys Adult Day Health Space
30 at the Passmore Center
31 The Board approved Budget Amendment#8-A for the repair of the space occupied by the
32 Florence Gray Soltys Adult Day Health Program at the Passmore Center.
33 f. Intergovernmental Collaboration Pilot Project
34 The Board adopted the intergovernmental collaboration framework.
35
36 9. County Manager's Report
37 NONE
38
39 10. County Attorney's Report
40 John Roberts said the broadband bills are in the General Assembly, and are getting a lot
41 of attention.
42 Chair Rich asked if there is an update on the bill with the redistribution of tax.
43 John Roberts said this is still in the finance committee.
44 Commissioner McKee said the Board needs to insure the commitment made to Club
45 Nova by CI comes to fruition.
46
47 11. *Appointments
48
49 a. Advisory Board on Aging —Appointments
50 The Board considered making five appointments to the Advisory Board on Aging.
23
1
2 Janice Tyler reviewed the appointments below.
3
4 A motion was made by Commissioner Bedford, seconded by Commissioner Greene for
5 the Board to appoint the following to the Advisory Board on Aging:
6
7 Position 1 Rachel Bearman, At-Large, for a Partial Term ending 06/30/2020.
8 Position 4 Dr. Richard White, At-Large, for a Partial Term ending 06/30/2021.
9 Position 5 Dr. Jennifer Womack,Carrboro Town Limits, for a Partial Term ending
10 06/30/2021.
11 Position 6 Vibeke Talley, At-Large, for a First Full Term ending 06/30/2022.
12 Position 11 Dr. Heather Altman, At-Large, for a Second Full Term ending 06/30/2022.
13
14 VOTE: UNANIMOUS
15
16 Janice Tyler said their board is in the process of vetting applicants for the additional
17 vacant positions and will be bringing back recommendations soon.
18 Commissioner Dorosin urged the Board on Aging to look for more diversity.
19
20 b. Economic Development Advisory Board —Appointment
21 The Board considered making one appointment to the Economic Development Advisory
22 Board.
23
24 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos
25 for the Board to appoint the following to the Economic Development Advisory Board:
26
27 Position 9 Keith Coleman, Core Business Community, for a Second Full Term
28 ending 06/30/2022.
29
30 VOTE: UNANIMOUS
31
32 12. Information Items
33
34 c. April 16, 2019 BOCC Meeting Follow-up Actions List
35 d. Tax Collector's Report— Numerical Analysis
36 e. Tax Collector's Report— Measure of Enforced Collections
37 f. Tax Assessor's Report— Releases/Refunds under $100
38 g. Memorandum — Cat Concern
39
40 13. Closed Session
41 NONE
42
43 14. Adjournment
44
45 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
46 adjourn the meeting at 9:35 p.m.
47
48 VOTE: UNANIMOUS
49
50 Penny Rich, Chair
24
1
2
3 Donna Baker
4 Clerk to the Board