HomeMy WebLinkAboutAgenda 10-01-19 Item 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 1, 2019
Action Agenda
Item No. 8-a
SUBJECT: Minutes
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) 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.
September 3, 2019 BOCC Regular Meeting
September 10, 2019 BOCC Special Meeting
September 10, 2019 BOCC Work Session
September 17, 2019 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
ENVIRONMENTAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
1 Attachment 1
2
3 DRAFT
4 MINUTES
5 BOARD OF COMMISSIONERS
6 REGULAR MEETING
7 September 3, 2019
8 7:00 p.m.
9
10 The Orange County Board of Commissioners met in regular session on Tuesday, September 3,
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 Jamezetta
14 Bedford, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
15 COUNTY COMMISSIONERS ABSENT: Commissioner Dorosin
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
18 Travis Myren, and Clerk to the Board Donna Baker (All other staff members will be identified
19 appropriately below.)
20
21 Chair Rich called the meeting to order at 7:13 p.m.
22
23 1. Additions or Changes to the Agenda
24
25 Chair Rich noted the following items at the Commissioners' places:
26 - 5-a: Additional Information
27 - PowerPoint for Item 6-b
28 - 11-a: Email from Commissioner Greene
29
30
31 PUBLIC CHARGE
32 Chair Rich acknowledged the public charge.
33
34 Arts Moment
35 Katie Murray, Arts Commission Director, introduced David Menconi:
36
37 2019 Piedmont Laureate David Menconi is a music critic and arts reporter, formerly at the
38 Raleigh News & Observer, where he was a staff writer for 28 years. He has also written for
39 Rolling Stone, Billboard, Spin, New York Times and salon.com. He has published three books
40 with a fourth, a music history of North Carolina, to be published by University of North Carolina
41 Press in 2020. He is also co-editor of the American Music Series for University of Texas Press
42 and hosts a weekly radio show about the music of North Carolina, "That Old North State Radio
43 Hour" on WCLY/95.7FM. He holds a Master's degree in journalism, and lives in Raleigh.
44 David Menconi described the Piedmont Poet Laureate process, and his activities in this
45 role. He highlighted the efforts of Orange County towards promoting the arts.
46
47 2. Public Comments
48
49 a. Matters not on the Printed Agenda
50 Tod Puckett is from Rougemont, and said he has three considerations on the gun
51 ordinance: on this issue, is it a noise problem or a safety problem? He said if it is a noise
2
1 problem, that is simply a byproduct of country living; and if it is a safety issue, he asked if there
2 are other ordinances on the books that can be enforced. He said residents are seeing more
3 density in the rural areas, and maybe new developments can add more buffers.
4 Kevin Poole expressed his opposition to any ordinance that imposes on gun rights
5 He said some residents may not be able to afford to join a shooting range. He suggested that, if
6 ordinances are put in place, Orange County create a public shooting range.
7 Riley Ruske said he has a citizen's petition, which is presented under the protection
8 guaranteed by the first amendment to the US Constitution for the right of the people to
9 peaceably assemble and to petition the government for the redress of grievances. He
10 petitioned the Board of County Commissioners (BOCC) to start every meeting with the US
11 pledge of allegiance, asking all in attendance to stand, face the flag, place their right hand over
12 their heart, and have all men remove their hats. He highlighted the positive impacts of
13 instituting this practice.
14 Chair Rich said the petition will be taken through the Agenda Review process, and staff
15 will be in touch.
16 Luis Guarda said he is here to represent the Constitution of the U.S., and to do his duty
17 as a citizen. He said he is a naturalized citizen, and defended the Constitution in the armed
18 services against enemies foreign. He said tonight he is defending the Constitution against
19 enemies domestic, in the form of this ordinance. He said the second amendment must be
20 protected, and this ordinance is an attack on the Bill of Rights.
21 Diane Gentile said she is here about the noise ordinance, and she said she travels alone
22 and what concerns her is the lack of ability to be able to protect herself. She said this ordinance
23 would attack existing traditions, as well as forcing her to go out of County to maintain her firearm
24 skills.
25 Wendy Fontela said she would like to speak about the meetings regarding firearms
26 ordinances, and said she also is presenting a citizen's petition, which is presented under the
27 protection guaranteed by the first amendment to the US Constitution for the right of the people
28 to peaceably assemble and to petition the government for the redress of grievances. She
29 petitioned the BOCC to conduct all meetings regarding firearms ordinances in open session,
30 allowing public comment. She said closed meetings, or meetings that do not allow public
31 participation, are not justifiable. She said the BOCC is committed to transparency, and it must
32 uphold that commitment.
33 Chair Rich said the petition will be taken through the Agenda Review process, and staff
34 will be in touch.
35 Neal Galloway said he has a berm on his property, and he does gun shooting. He said
36 the two main considerations are safety and courtesy. He said safety is addressed by the berm,
37 and courtesy comes down to how long one is shooting, and what one is shooting. He said he
38 has been shooting for 50 years, and never shoots longer than 90 minutes. He said no law tells
39 him to do this, but courtesy does. He said he does not shoot on Sunday. He said he hopes
40 shooters will respect the value of courtesy, as shooting is a worthwhile pastime.
41 John Preyer said he lives in White Cross, and has 50 acres. He said he enjoys
42 recreational shooting on his property, and opposes any restriction on the discharge of firearms.
43 He said if the BOCC feels passionately on this issue, he hopes it will boldly publicize it in order
44 to make its intent public and clear.
45 Lauren Resnick said she and her husband shoot on their property; and she needs to be
46 able to defend herself. She said the BOCC is chipping away their second amendment rights,
47 and she is opposed to any restrictions. She said this ordinance cannot be properly enforced,
48 and would be unrealistic.
49 Chad Resnick said he is against any restrictions on the discharge of firearms on his
50 property. He said he is not against common sense noise ordinances.
3
1 Norman Kirby said it is unreasonable for the BOCC to say he cannot shoot a gun on his
2 property, and it is unrealistic to say one has to have 90 acres, and a 30-foot berm in order to
3 shoot.
4 Dwayne Mitchell said he and his family shoot on his property, and is the reason the
5 BOCC is receiving so many calls about shooting noise. He said his family has a 40-foot berm
6 built around a 10-acre lot. He said he and his family shoot every Thursday, with the help of an
7 instructor, and trains all members of the family to learn to shoot. He said his family has set up
8 all necessary measures to shoot safely, and the Orange County Sheriff's department comes to
9 the property every Thursday, and has seen how the family shoots, and how the range is set up.
10 He said his family has respected all the rules and regulations of Orange County, and those
11 living near him should have looked into those regulations before moving to the area. He
12 opposes any changes to the ordinance.
13 James Minor said he is a Veteran, and is against any restrictions on shooting. He said
14 he has been shooting since he was 14 years old. He said not everyone can afford to go to a
15 shooting range. He said he and his family shoot every week on their property, and they moved
16 to the country in order to be able to hunt, fish and shoot guns, and as long as it is done in a safe
17 manner, they should be left alone. He said if people do not like the noise, then they should stay
18 in the city.
19 Wayne Mitchell said he is against any changes in the ordinance. He said his family used
20 to shoot on a daily basis, but restricted their shooting to Thursday evenings to respond to the
21 complaints raised by neighbors. He said his family follows all rules and regulations, and the
22 BOCC should not chip away at rights.
23 Regina Merritt is the mother of the men that just spoke against any changes, and she
24 said they have lived in their neighborhood for over 60 years, and her extended family has lived
25 there for over 100 years. She said the people that are complaining never voiced any concerns
26 to her family personally, and it is simply unfair. She said they have been doing this for years,
27 and had no problems. She said there are berms all over their neighborhood, and it is safe for
28 her family to shoot. She invited the BOCC and any neighbors to come see the property to
29 understand how safe it is. She asked the BOCC to respect that her family has lived in this
30 neighborhood far longer than anyone else, and allow the family to be a part of BOCC
31 conversations.
32 Carol Edmonds said she lives in the County, but the neighborhood she is in now is
33 densely populated. She said there is a lot of shooting that goes on in her neighborhood at all
34 hours of the day and night, and she is in favor of any regulation in dense neighborhoods like
35 hers.
36 Gary Clark said the average overpass on the Interstate is 13 feet 10 inches tall, and
37 residents are being asked to build a berm that is 3 times that height. He said this is both
38 expensive and an eyesore. He said James Madison wrote the first 10 amendments in a thought
39 out manner, and the rights of the people are of higher importance than government rights.
40 Stanley Washburn said the Board of County Commissioners should not be involved, and
41 neighbors should work this out themselves. He said the Sheriff cannot always respond as
42 quickly as necessary to rural areas, and thus landowners need to be proficient in self-protection.
43 He said maintaining firearm skills is an important part of that self-protection. He said he is
44 shocked that this conversation has risen to the BOCC. He said he fought to protect the rights of
45 US citizens, and those that choose to live in the Country should be allowed to shoot and use
46 their land as they see fit.
47 Steve Kirby said this is a backdoor approach to infringing on the second amendment,
48 and this is not a gun problem, it is a prosecution problem. He said Durham released a large
49 number of gun offenders back into the population.
4
1 Jennifer Woods said she lives on 20 acres in northern Orange County. She said she
2 has not heard anything tonight about guns. She said her family is large, and it hunts for food on
3 her land. She said infringing on this in any way would impact her ability to feed her children.
4
5 Dear Orange County Board of County Commissioners,
6 1 was present at the meeting last night but did not have the opportunity to speak. Therefore, 1
7 am following up in email with my comments as part of the official record.
8
9 1 am fundamentally opposed to any revision to the "shooting ordinance". First, per
10 Commissioner McKee's comments last night, I agree that there does not seem to be a clear
11 complaint of noise versus safety. We are entering hunting season and how will the Sheriff's
12 department adequately answer every call from citizens who merely hear gun shots? As to
13 complaints of gunfire at night, Coyote hunting is a NC regulated and approved activity as is
14 hunting of other species during defined times (sometimes at night) of the year.
15
16 From the minutes of the meeting in June with the initial petition presented to the board to the
17 one citizen last night who spoke about living in a condensed neighborhood and hearing gun
18 shots, no one, at either meeting, clearly stated that they witnessed someone shooting in
19 the condensed area; they merely heard gunfire. With no way to determine where the shots were
20 heard, how can the BOCC amend an ordinance that would be impossible to enforce?
21
22 Orange County has noise ordinances and shooting safety ordinances already on the books.
23 Until a determination and clear delineation is made of what the actual issue stems from, it is my
24 opinion that there is no clear path forward to a new ordinance.
25
26 1, also, support my husband's (Kevin Poole), recommendation that Orange County can address
27 these concerns with a County Shooting Range that would be free to the residents of Orange
28 County. This endeavor can certainly be achieved with the funds from the cent tax increase for
29 the rail project that did not materialize. A project, I may add, that does not benefit rural Orange
30 County in any way.
31
32 Finally, many of us wondered what brought on this proposed ordinance that was abandoned 3
33 years ago with pushback from the public. After last evenings meeting and hearing from the
34 Mitchell family, I must ask, does this issue stem from noise or does it stem from the fact it's a
35 black family exercising their second amendment rights? A family that enjoys shooting and is
36 passing that hobby on to the next generation? As we sat in the meeting last night and they were
37 speaking, my husband and I looked up their property on the GIS and looked at the aerial views
38 of their property. Honestly, we've rarely seen such safety measures put in place for recreational
39 shooting on one's own property. Perhaps many of you are unaware, but should look up, the first
40 "gun control" laws were enacted in the late 1800's to prevent black people from owning guns.
41 Last night's meeting allowed us all to hear from the Mitchell's and what appears to be modern
42 day Jim Crow, illustrating that Orange County isn't as progressive as they claim to be.
43
44 Sincerely,
45
46 Melissa W. Poole
47 5620 Kiger Road
48 Rougemont, NC 27572
49
5
1 Chair Rich said all comments and petitions will be taken under advisement, and the
2 Board will have a work session on September 10 to discuss the issue. She said there is
3 currently no proposed ordinance, and there may not be one at all.
4 Commissioner Greene said the Board must dispel any rumors about a closed meeting.
5 Chair Rich said the Board never had a closed meeting on this issue, and just because
6 something is on social media does not make it fact. She said the BOCC cannot have
7 discussions about ordinances in closed session.
8 John Roberts said that is correct, and North Carolina law limits closed sessions to issues
9 of personnel, economic development, etc. He said there is no lawful way to have a closed
10 session about any ordinance.
11
12 b. Matters on the Printed Agenda
13 (These matters will be considered when the Board addresses that item on the agenda
14 below.)
15
16 3. Announcements, Petitions and Comments by Board Members
17 Commissioner Bedford said the North Carolina Department of Health and Human
18 Services (NCHHS) announced that Orange County's Medicaid changes will be delayed from
19 November 1 to February 2020, due to the lack of an approved state budget. She said all 100
20 counties will start in February. She said open enrollment will be extended, and the public can
21 meet with consultants to determine a provider. She said until that time, the public can continue
22 seeing their current provider.
23 Commissioner McKee said he realized that there is confusion and concern about the
24 noise ordinance issue, and what is going to happen at the work session on September 10t". He
25 said nothing was on tonight's agenda, and the County Attorney will do a presentation at the
26 upcoming work session. He petitioned that the rule of no public comment at a work session be
27 suspended for the September 10t" meeting, so that after the Attorney's presentation and/or
28 before any decision and discussion, the public be able to provide comment. He said this
29 should hopefully squash any suspicions of lack of transparency on the part of the BOCC. He
30 said he would also like to petition that a formal public hearing be held 2 weeks prior to any
31 decisions being made on any firearms regulations.
32 Chair Rich said the County did put a statement on the website about this issue last
33 week.
34 Chair Rich referred to the possibility of public comment at a work session, and asked the
35 County Attorney to weigh in.
36 John Roberts said the lack of comment at work sessions is a Board rule, which the
37 Board can suspend at any time. He said he would not recommend this, as a huge crowd will
38 show up for reasons that are not going to be discussed. He said this is not a decision item at
39 this time, and having a public hearing on it is fine to do, and likely wise to do, before any
40 decisions are made. He said the Board asked him the question of whether the Board can
41 regulate the discharge of firearms in high-density, residential areas, and he will provide a report
42 at the work session. He said he will show a map that is an example, and shows 10 housing
43 units per 10-acre grid parcel. He said there are 100's of grid parcels. He said should the Board
44 pursue this change, the example would only apply near the towns, and in a few donut holes
45 west of Chapel Hill. He said this would not affect northern Orange County at all, and would
46 mostly not affect southwestern Orange County either.
47 John Roberts said having public comment at a work session is preliminary, but a public
48 hearing later, if the Board of County Commissioners decides to go forward, would be good.
49 Bonnie Hammersley echoed John Roberts' comments, and the Board should clearly
50 publicize meetings.
6
1 Commissioner McKee said he will let his petition stand, and he said to limit public
2 discussion on any high interest topic is foolish, and fans the fire. He said the Board is not hiding
3 anything, but the public should be heard on high interest or controversial issues.
4 Chair Rich said a public hearing would allow this participation.
5 Commissioner McKee agreed, but said he also feels people should be allowed to speak
6 after the County Attorney presents his report at the work session. He said limiting public
7 comment in any way fosters distrust in the County government.
8 Commissioner Greene acknowledged that this is their first meeting back after the
9 summer break. She said much happened of the summer, including a woman with dementia that
10 wandered away from her home. She recognized and commended Kirby Saunders, Emergency
11 Services, and others for helping to find her.
12 Commissioner Price said during the summer she attended the National Association of
13 Counties (NACo) annual conference, and federal support and funding for the Arts is at an all-
14 time high, and encouraged the Arts Commission to keep up its efforts in creating a place making
15 for Orange County. She said she also attended the North Carolina Association of County
16 Commissioners (NCACC) conference, and gave a shout out to youth representative Camille
17 Clark, who interviewed Commissioner Greene. She said this gives youth the opportunity to be
18 involved in local government. She said Camille was recently elected as the president of Orange
19 County 4-H.
20 Commissioner Price said the Board of Elections (BOE) is proposing new precinct
21 boundaries, which are based on common sense; as well as some other issues to pay attention
22 to and provide comments to the BOE.
23 Commissioner Price said the Orange County Community Remembrance Coalition is
24 hosting "Just Another Lynching" on September 9 at the Chapel Hill Library. She said there will
25 be a program on Blacks and World War I at the Passmore Center on September 14.
26 Commissioner Marcoplos said GoTriangle is adding an important new bus stop by
27 Chapel Hill North, which will allow people to transfer to the CRX bus to Raleigh. He said
28 commuter rail is in infancy stages of being studied and negotiated, and he serving as the
29 County representative in discussions with the NC Railroad. He said these negotiations will take
30 time, but are underway. He said Hillsborough Park and Ride is slated for some serious work in
31 2019-2020. He said several bus stops are in the design stages, 4 of which are in Hillsborough.
32 Commissioner Marcoplos said he wanted to petition about the electric vehicle charging
33 stations, and would like to know how the old ones worked and why they are being replaced. He
34 said it is important to understand emerging technology. He said he would also like to know
35 where the locations will be for the new solar charging stations.
36 Commissioner Marcoplos said he is very proud of the rally that happened in Hillsborough
37 on Saturday, with 800-1000 people showing up peacefully. He applauded the organizers.
38 Commissioner Marcoplos referred to the upcoming work session, and said he wants as
39 much public input as possible on all issues, but he wants to work at this work session, and he
40 said to keep this work session as a work session.
41 Chair Rich said she received a letter from the Governor about why he did not pass the
42 budget, which she will share with the Board. She applauded the staff for all of their hard work
43 over the summer, and said the Clerk has provided a draft calendar for the 2020 meeting
44 schedule.
45 Chair Rich said she and the Clerk will be updating the Rules of Procedure, and creating
46 a new Board of County Commissioners handbook.
47 Chair Rich read communication from the BOE Director Rachel Raper, regarding the
48 proposed precinct changes, and said the public is invited to leave public comments on the
49 website.
50 Chair Rich referred to Commissioner McKee's petition about the upcoming work session,
51 and said if the Board is going to make a change the public needs to know.
7
1 Commissioner Greene said she appreciated the thought, and this is an emotional issue
2 for many. She said she does not want people to feel unheard, but also appreciates
3 Commissioner Marcoplos' comments about work sessions being an opportunity to really work
4 and needing even more work sessions. She suggested an idea that came up in a Board in
5 another jurisdiction, which decided to allow ten minutes at the beginning and end of the work
6 session for public comment.
7 Commissioner Bedford had no comments.
8 Commissioner Price said she is leaning toward the hybrid; and spreading the
9 conversation out over various meetings can stifle real discussion. She said she liked
10 Commissioner Greene's proposal, and she would be inclined to suspend the rules at this time.
11 Commissioner Bedford said the school board does its agendas differently, with most
12 items coming at a work session with public comment before or after a presentation.
13 Commissioner Bedford said the Board should not be in the mode of changing the rules,
14 based on the intensity of a topic; but rather the rule should be made and stuck to. She said she
15 would not want to suspend the rules this time, but would be open to discussing a change for all
16 meetings at a later time.
17 Chair Rich agreed with Commissioner Marcoplos, and said opening discussion before or
18 after a work session allows people to talk about items that are not part of the work session. She
19 said the Board does not have enough time in work sessions, and she would like to keep work
20 sessions as work sessions. She said she is in favor of a public hearing if the Board has an
21 ordinance change. She said this topic got twisted due to an inaccurate post on social media.
22 Commissioner Price said people did speak about noise, and that was put out in the
23 public as a topic for BOCC discussion. She said there were some comments about taking away
24 rights, which were not true.
25 Commissioner Marcoplos said he appreciates the impulse to compromise, but it is
26 confusing to change the rules. He said the public knows when the Board has public comment,
27 and the Board should stick with established procedures.
28 Commissioner Greene said all work sessions are open to the public, and she is willing to
29 limit all public comment at work sessions to the end of the meeting; but if that is not the will of
30 the Board, the public can still come to a work session, pay close attention, and then email the
31 Board of County Commissioners afterwards.
32 Commissioner McKee said the Board cannot regulate social media, and his intent with
33 this petition was to address some concerns as to what was going on. He said most residents
34 got information from other sources, and his sole intent in allowing public comment on
35 September 101h is to make sure that the public gets the right information. He said the
36 Commissioners serve at the will of the public.
37
38 A motion was made by Commissioner McKee, seconded by Commissioner Price to hold
39 public comment at the end on September 10th work session, after the County Attorney's
40 presentation and Board discussion, with a one-hour time limit.
41
42 Commissioner Greene asked if there would be a time limit on public comment.
43 Commissioner McKee said one hour.
44 Chair Rich asked John Roberts if the BOCC will be voting on any decisions at the work
45 session.
46 John Roberts said no vote will be taken, and there will be a presentation of examples of
47 how what something could work, and the BOCC will be asked to give direction to staff to study
48 this further and/or ask Planning staff to come up with actual numbers. He said the BOCC will
49 not pass any ordinances at the work session.
50 Commissioner Price said she does not support an hour of time, as that seems a bit
51 indulgent.
8
1 Commissioner McKee said he cannot imagine public comment taking more than a few
2 minutes.
3 Commissioner Marcoplos said what if the Board has a two-hour discussion, and reaches
4 no conclusion. He said he wants governance to be understood, and he also wants people to
5 have the opportunity to speak. He does not think the work session is the appropriate time for
6 people to speak.
7 Commissioner McKee said people should be allowed to observe the meeting, and to
8 speak with the Board. He said the public often has good suggestions. He said Orange County
9 is no longer a rural county, and this issue is going to continue to come up. He said it is a
10 delicate line to walk in imposing urban-style regulations without impinging on second
11 amendment rights. He said this issue will only get more divisive as this County continues to
12 grow. He said the Board is obligated to sit and listen as long as it takes for the public to be
13 heard.
14 Commissioner Greene said before the Board takes a vote, she would like to understand
15 if there would be one or two public hearings prior to voting on a possible ordinance change.
16 John Roberts said this type of ordinance does not require a public hearing, and he said it
17 would be at the discretion of the Board.
18 Commissioner Greene asked if there could be two public hearings.
19 John Roberts said yes.
20 Commissioner Greene said she would be open to two public hearings.
21 John Roberts said it is the Board's prerogative, and it can have as many public hearings
22 as it wants.
23 Commissioner Greene said she would like to have two public hearings, and feels an
24 hour is too long for comment after a work session.
25 Chair Rich said she would be open to public hearings, but does not support changing
26 policies without a full discussion.
27 Commissioner Price said she would be open to having questions of clarification and
28 dialogue at the end of the public hearing.
29 Commissioner Greene said this type of discussion could happen at a public hearing.
30 Commissioner Price said public hearings do not allow for back and forth dialogue.
31
32 VOTE: Ayes, 1 (Commissioner McKee); Nays, 5
33
34 Chair Rich said Commissioner McKee raised some important points, and thanked him
35 for doing so.
36
37 4. Proclamations/ Resolutions/ Special Presentations
38
39 a. "The Nature of Orange" Photography Contest 2019
40 The Board recognized the winners and thanked all participants and judges of"The
41 Nature of Orange" 2019 Photography Contest.
42
43 Lynn Hecht, Department of Environment, Agriculture, Parks and Recreation (DEAPR),
44 presented this item:
45
46 BACKGROUND: The Orange County Commission for the Environment and Parks and
47 Recreation Council are proud sponsors of this year's "The Nature of Orange" Photography
48 Contest completed in May 2019. This year, the theme was Farms, Parks and Trails in Orange
49 County. The goal of the contest was to inspire exploration, celebration and appreciation of
50 Orange County's diverse landscapes and outdoor experiences. Photographers help document
51 the beauty and diversity of natural resources, and people connecting to the environment.
9
1 A total of 65 photographs were submitted in May 2019. A panel of judges selected first, second
2 and third place winners from the Youth and Adult divisions. In addition, judges identified two
3 additional Honorable Mention awards per age group due to the many high-quality submissions.
4 This year's judges were photographers Kent Murray, Holden Richards, and David Schaub.
5 Winners received a congratulatory letter, certificate, and for first through third place, a small
6 monetary award. During the month of August, the photographs were displayed at Cup a Joe in
7 Hillsborough. For September, the photos will be on display at the Orange County Public Library.
8 The photographs will then be displayed at the Orange County Visitors Center in Hillsborough
9 from October through December. In January 2020, the Orange County/Chapel Hill Visitors
10 Center in Chapel Hill will host the photos. The winning photographs can also be viewed on the
11 Orange County DEAPR website under the "breaking news"
12 section http://www.orangecountync.gov/deapr/, on the department's Facebook Page, and will
13 also be "streaming" on the visual monitors in County buildings.
14
15 Lynne Hecht made the following PowerPoint presentation:
16
17 The Nature of Orange Photography Contest
18 • 8th annual photography contest, 2019
19 • Photographers help document the beauty and diversity of our natural resources or show
20 residents enjoying our parks and environment. Theme this year: Parks and Trails in
21 Orange County. All photos taken in Orange County.
22 • 65 entries (27 Youth and 38 Adults)
23 • Volunteer judges evaluated photos based on:
24 -relevancy
25 -composition/arrangement
26 -focus/sharpness
27 -lighting and creativity
28
29 lit Place Adult: "Occaneechi Village Snow"
30 Bob Johnson
31
32 2—d Place Adult: "Snow Covered Eno"
33 Charles R. Sheppard
34
35 31�d Place Adult: "Boat Launch at Dawn"
36 Joel Elliott
37
38 Honorable Mention Adult: "Amtrack Crossing the Eno"
39 Bob Johnson
40
41 Honorable Mention Adult: "Axis Mundi"
42 Joe Elliott
43
44 15t Place Youth: "Just Hanging"
45 Alexcina Wartski
46
47 2—d Place Youth: "Yellow on Yellow"
48 Maggie Sandbeck
49
10
1 V Place Youth: "Sunny"
2 Haley Wade
3
4 Honorable Mention Youth: "Left to Rust"
5 Ryan Kroothoep
6
7 Honorable Mention Youth, "Crabtree Creek"
8 Maggie Sandbeck
9
10 We thank our fudges:
11 Holden Richards, Photographer
12 David Schaub, Photographer
13 Kent Murray, Photographer
14
15 The Board recognized and congratulated the 2019 photography contest winners, and
16 thanked the judges and all those who participated in this community event.
17
18 b. Appointment of Tax Administrator
19 The Board considered voting to approve a Resolution appointing Nancy Taylor Freeman
20 as Orange County Tax Administrator effective September 3, 2019 and authorize the Chair to
21 sign.
22 Bonnie Hammersley presented this item:
23
24 BACKGROUND:
25 Timothy Dwane Brinson resigned from the position of Orange County Tax Administrator
26 effective June 28, 2019. Mr. Brinson was appointed to serve as the Orange County Tax
27 Assessor and Orange County Tax Collector for a term on four years as per Resolution 2019-
28 023, adopted by the Board of Commissioners on April 2, 2019. The Orange County Tax
29 Administrator serves in the statutory roles of both the Orange County Tax Assessor and the
30 Orange County Tax Collector.
31
32 Sections 105-294 and 105-349 of the North Carolina General Statutes provide that the Board of
33 County Commissioners appoint a County Assessor and Tax Collector. The statutes do not
34 specify a length of term of tax collector but require the county assessor be appointed to a term
35 of not less than two and no more than four years. The statutes also provide that the offices of
36 County Assessor and Tax Collector are offices that may be held concurrently with another
37 appointive or elective office. The Board of County Commissioners shall appoint a qualified
38 person to serve as County Assessor or Tax Collector for the period of the unexpired term upon
39 a vacancy as per North Carolina Law.
40
41 As per the Orange County Code of Ordinances Section 28-5, all appointments and promotions
42 of employees of the County are made solely on the basis of merit and fitness designed to
43 provide an objective method of recruiting persons best qualified. Orange County held a
44 competitive recruitment for the position of Tax Administrator. Three candidates were invited to
45 interview before two panels. One panel consisted of community partners with representation
46 from the Town of Chapel Hill, Orange Water and Sewer Authority and department directors.
47 The other panel included three members of the Board of Commissioners, the County Manager
48 and the Deputy County Manager. Candidates were also given the opportunity to meet staff at
49 the Tax Administration Office. Both panels convened at the end of the interviewing process and
50 Ms. Freeman was the unanimous choice. Staff also endorsed this recommendation.
51 As such, Orange County Manager Bonnie Hammersley has recommended Nancy Taylor
11
1 Freeman be appointed to serve for the unexpired term of Timothy Dwane Brinson as Orange
2 County Tax Administrator for the period of September 3, 2019 through April 2, 2023. Ms.
3 Freeman was appointed the Interim Tax Administrator effective August 3, 2019. Further, Ms.
4 Freeman was appointed Interim Tax Collector by the Board on June 18, 2019 via Resolution
5 2019-044.
6
7
8
9 ORANGE COUNTY BOARD OF COMMISSIONERS
10 A RESOLUTION APPOINTING NANCY TAYLOR FREEMAN TO COMPLETE THE TERM OF
11 TAX ASSESSOR AND TAX COLLECTOR AS THE ORANGE COUNTY TAX
12 ADMINISTRATOR
13
14 WHEREAS, Timothy Dwane Brinson was appointed by the Orange County Board of County
15 Commissioners to serve as Tax Administrator from April 2, 2019 through April 2, 2023; and
16
17 WHEREAS, the Orange County Tax Administrator serves in the statutory roles of both the
18 Orange County Tax Assessor and the Orange County Tax Collector; and
19
20 WHEREAS, Timothy Dwane Brinson resigned from the position of Orange County Tax
21 Administrator effective June 28, 2019, and had been appointed to serve as the Orange County
22 Tax Assessor and Orange County Tax Collector for a term of four years as per Resolution 2019-
23 023, adopted by the Board of Commissioners on April 2, 2019; and
24
25 WHEREAS, as per North Carolina Law, the Board of County Commissioners shall appoint a
26 qualified person to serve as Orange County Tax Assessor and Orange County Tax Collector for
27 the period of the unexpired term upon its vacancy; and
28
29 WHEREAS, Orange County Manager Bonnie Hammersley has recommended Nancy Taylor
30 Freeman be appointed to serve for the unexpired terms of Timothy Dwane Brinson as Orange
31 County Tax Assessor and Orange County Tax Collector for the period of September 3, 2019
32 through April 2, 2023;
33
34 NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of County
35 Commissioners, as provided for under Chapter 105-294 and 105-349 of the North Carolina
36 General Statutes, does hereby appoint Nancy Taylor Freeman as Orange County Tax Assessor
37 and Orange County Tax Collector to serve the unexpired terms of Timothy Dwane Brinson,
38 which terms end April 2, 2023 and that such appointments shall be served under the title
39 Orange County Tax Administrator and that such appointments begin on September 3, 2019.
40
41 Adopted by the Board of County Commissioners this 3rd day of September 2019.
42
43 A motion was made by Commissioner Greene, seconded by Commissioner Bedford for
44 the Board to approve and authorize the Chair to sign the Resolution appointing Nancy Taylor
45 Freeman as the Orange County Tax Assessor and Orange County Tax Collector, titled Tax
46 Administrator, effective September 3, 2019 to fill the unexpired term through April 2, 2023.
47
48 VOTE: UNANIMOUS
49
50 c. 400 Years Proclamation
12
1 The Board considered voting to approve a proclamation declaring August 1, 2019
2 through July 31, 2020 as a year of remembrance to commemorate the 400th anniversary of
3 unfree Africans first arriving in English North America and authorize the Chair to sign.
4
5 Annette Moore, Human Rights and Relations Director, read the following:
6 In 1619, after having been kidnapped from their villages and taken from what is now referred to
7 as Angola, 350 Africans were forced onto Portuguese slave ships that were bound for the new
8 world. Approximately half of those Africans died at sea. 50 Africans were stolen by English
9 pirates off the coast of Mexico, and taken to Point Comfort, a colony that eventually became
10 Virginia. That 'some 20 and odd negroes,' identified by James Rolfe, the widower of
11 Pocahontas and colony secretary, who were taken to Point Comfort, came on two ships: The
12 White Lion and The Treasurer. Upon his arrival in Point Comfort, the Captain of The White Lion
13 sold the Africans for food. This marked, what some believe, to be the beginning of slavery in
14 the United States. James Horne, President of the Jamestown Rediscovery Foundation said,
15 '1619 gave birth to the great paradox of our nation's founding: slavery in the midst of freedom.
16 It marked both the origin of the most important political development in American history: the
17 rise of democracy; and the emergence of, what would become, one the nation's greatest
18 challenges: the corrosive legacy of racial discrimination and inequality that has afflicted our
19 society since its earliest years.' For 246 years slavery was legal in America. It did not become
20 illegal until 150 years ago. Slavery has been part of America much longer than it hasn't. A
21 century and a half after slavery was made illegal, we still see the trauma of this infectious
22 disease. Throughout the 20th century, text books either glossed over slavery, often not treating
23 it as a part of America's story, or fed students tales that masked the reality of slavery; some
24 even telling students that Africans were better off enslaved. What has this practice lead to: lack
25 of understanding; confusion; tension; and polarization. Tonight we ask you, Commissioners, to
26 proclaim this 400 year anniversary, and ask you to ask the Human Relations Commission, over
27 this next year, to plan programs to educate people, and to acknowledge the history of Africans
28 in America.
29
30 BACKGROUND: In 1619 unfree Africans, "some 20. and odd Negroes," arrived in the English
31 settlement that would become Virginia. This marked the beginning of the period in America
32 where people of Africa were forcibly taken from their homeland, transported to the American
33 colonies, and committed to lifelong slavery.
34
35 The Human Relation Commission (HRC) requests that the Board of County Commissioners
36 recognize the harrowing experience of the Africans who first came to the shores of English
37 North America and the plight and burden of their descendants with this Proclamation.
38 Organizations throughout Orange County have had events to commemorate the 400th year
39 anniversary since January 2019, either as an underlying theme or as the backdrop to events.
40 Some events include:
41 . Inaugural Reception of the Orange County Community Remembrance Coalition [HRC is
42 a member]
43 • OCCRC Symposium: Confronting the Legacy of Lynching
44 • 110th Anniversary of the Founding of the NAACP
45 • 400 Years: Sounds of Freedom Music Festival by Free Spirit Freedom
46 • 154th Juneteenth Celebration
47 • Screening of"The Long Shadow"
48 • Symposium: Reconstruction, Redemption and the On-Going Struggle for Freedom
49
13
1 There are more to events planned through to August 2020. The Human Relations Commission
2 will keep you informed as those event dates become available.
3
4 Deborah Stroman read the proclamation:
5
6 ORANGE COUNTY BOARD OF COMMISSIONERS
7 400 Years Proclamation
8
9 WHEREAS, in 1619 unfree Africans, "some 20. and odd Negroes," arrived in the English
10 settlement that would become Virginia; and
11
12 WHEREAS, this historic arrival marked the beginning of the period in America where people of
13 Africa were forcibly taken from their homeland, transported to the American colonies and later
14 the United States, and committed to lifelong slavery and racial discrimination; and
15
16 WHEREAS, after the Civil War, the Thirteenth, Fourteenth, and Fifteenth Amendments to the
17 U.S. Constitution were ratified, ending slavery in the U.S. and granting the newly freed slaves
18 freedom, citizenship, the equal protection of law, and the right to vote; but despite these
19 Amendments, Blacks were quickly subjected to Jim Crow, a legally sanctioned institutionalized
20 system of racial segregation and subordination, as well as white resistance and violence; and
21
22 WHEREAS, despite efforts such as the Civil Rights Movement in the 1960s, anti-racism
23 advocacy, progressive legislation, and the election of President Barack Obama, Blacks continue
24 to face oppression and inequities across systems and institutions; and
25
26 WHEREAS, Orange County is home to Black citizens who are descendants of Africans who
27 were kidnapped and enslaved 400 years ago; and
28
29 WHEREAS, Blacks are diverse, respected residents who have worked to transcend the
30 continuing impacts of slavery and racial segregation and contribute to our community's
31 economic, political, social, and spiritual well-being; and
32
33 WHEREAS, Blacks, whose experiences, generational wisdom, and work to triumph over racial
34 oppression, connect us to the past and help us meet the challenges of the future; and
35
36 WHEREAS, our community must strive to understand and address the history and legacy of
37 racism, its impacts, and the evolving challenges and needs of all its residents as a result of
38 those impacts, and
39 WHEREAS, today, and every day, let us remember the harrowing experience of the Africans
40 who first came to the shores of English North America and the plight and burden of their
41 descendants;
42
43 NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
44 August 1, 2019 through July 31, 2020 as a year of remembrance to commemorate the 400th
45 anniversary of unfree Africans first arriving in English North America by working towards racial
46 healing and justice through revisiting the past and learning about efforts to win freedom and
47 equality, and encourage the Orange County Human Relations Commission to, over this
48 anniversary year and beyond, to:
49 • plan programs to acknowledge the impact that slavery and laws that enforced racial
50 discrimination and inequity had on the United States; and
14
1 • encourage civic, patriotic, historical, educational, artistic, religious, and economic
2 organizations to organize and participate in anniversary activities.
3
4 This the 3rd day of September 2019.
5
6 PUBLIC COMMENT:
7 Allison Mahaley, HRC member, thanked the Board of County Commissioners for its
8 service and for considering this proclamation, and said she wanted to speak to the BOCC as a
9 white woman, a southerner and one who has worked in public schools. She said this
10 Resolution, and the work that will come out of it, is greatly needed. She said the BOCC is
11 charged to fully engage in this work because it is made up of elected officials, and most are
12 white. She encouraged the Board to take on this work, as it is personally and systemically
13 transformational.
14 Anna Richards said she retired to Chapel Hill 6 years ago, and is the President of the
15 Chapel Hill-Carrboro chapter of the National Association of the Advancement of Colored People
16 (NAACP). She said she thought this area was an enlightened one, and she has been shocked
17 and appalled at the lack of information about the true history of this country. She said everyone
18 needs to understand America's history, lest it be repeated. She said this Resolution, and the
19 work that it engages, allows for further dialogue as a government, a community and an
20 organization.
21 Commissioner Price said Orange County is involved with the HRC and the Department
22 on Aging with the event on September 16tn
23
24 A motion was made by Commissioner Price, seconded by Commissioner Greene for the
25 Board to approve the Proclamation and authorize the Chair to sign the Proclamation on behalf
26 of the Board.
27
28 VOTE: UNANIMOUS
29
30 d. Resolution Condemning the Ku Klux Klan and Other Similar Groups
31 The Board considered voting to approve a Resolution Condemning the Ku Klux Klan
32 (KKK) and Other Similar Groups and authorizing the Chair to sign.
33
34 Chair Rich said this Resolution is in response to the KKK demonstrating in front of the
35 Orange County Courthouse in Hillsborough. She said there had been some rumors that these
36 demonstrators came from Caswell County, and she received a call from Sterling Carter in
37 Caswell County, who said his County does not want to be known as a place that sends people
38 to Orange County to lead a KKK protest. She said both counties decided to write a Resolution
39 together, and to take a public stand condemning the KKK, and other such organizations. She
40 said the Resolution will also be sent to the other counties statewide.
41
42 BACKGROUND: The Ku Klux Klan, consisting of numerous independent local groups
43 throughout the United States, is an organization that symbolizes hatred.
44
45 Based on recent events in the Orange County community and nationwide, BOCC Chair Penny
46 Rich has proposed that the Orange County Board of Commissioners consider the attached
47 Resolution condemning the Ku Klux Klan and other similar groups. The Caswell County Board
48 of Commissioners will consider a similar Resolution at its September 3, 2019 Board meeting.
49 Orange County as a diverse open community stands in direct opposition to the activities of the
50 Ku Klux Klan and other similar groups.
51
15
1 Chair Rich read the Resolution:
2
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4 Resolution Condemning the Ku Klux Klan and Other Similar Groups
5
6 WHEREAS, the Ku Klux Klan, consisting of numerous independent local groups throughout the
7 United States, is an organization that symbolizes hatred; and
8
9 WHEREAS, the Ku Klux Klan promotes violence, domestic terrorism and racial terrorism; and
10
11 WHEREAS, intimidation, discrimination, oppression, and racism threaten American democracy;
12 and
13
14 WHEREAS, white supremacists are exploiting bigotry and have weaponized hate targeting
15 African Americans, Latinos, Native Americans, Asian Americans, LGBTQ communities,
16 immigrants, Jews, Muslims, and other people of color and of other faiths; and
17
18 WHEREAS, there is an urgent need to ensure the safety and security of all Orange County
19 residents, and
20
21 WHEREAS, Orange County is taking strides to become a more diverse and inclusive open
22 community dedicated to fostering positive human relations, promoting the equal treatment of all
23 individuals, encouraging goodwill, harmony and unity among groups in the County; and
24 protecting residents' personal dignity so as to make available to the County their full productive
25 and creative capacities; and
26
27 WHEREAS, Orange County fully embraces the rights guaranteed in the First Amendment to the
28 Bill of Rights, but equally believes those rights do not give the right to any persons or groups to
29 threaten the existence of others;
30
31 NOW THEREFORE BE IT RESOLVED THAT we, the Orange County Board of Commissioners,
32 strongly oppose the activities of the Ku Klux Klan, reject white nationalist, white supremacist,
33 neo-Nazis and other hate groups, and urge lawmakers in the State of North Carolina and the
34 Federal Government to denounce threats posed by those groups.
rd
35 This the 3 day of September 2019.
36
37 PUBLIC COMMENT:
38 Anna Richards said she did not know this was on the agenda, and wanted to stay and
39 offer her support. She said 1919 was known as the year of terror in the United States, and
40 there were streams of blood across the country as African Americans were killed in large
41 numbers mostly by the KKK. She said this is a terrorist group, and she is happy to hear the
42 strong denunciation of this group by the Board. She said she attended the vigil on Sunday, and
43 saw a great deal of intimidation occurring. She said she hopes these threats are being taken
44 seriously by law enforcement.
45 Riley Ruske said, as written, this Resolution represents another in a series of County
46 government attacks on the first amendment rights of citizens to speak freely and assemble
47 peaceably. He said it is particularly problematic in its lack of clarity in defining the groups it is
48 attacking. He said the term "other hate groups" is especially dangerous to a free society, and
49 asked if there is a way to define hate or a hate group. He said animosity towards others is a
50 human condition, which no one likes, but it is real. He said the BOCC claims to embrace first
16
1 amendment rights, but really it only embraces the rights of those with whom it agrees. He said
2 the first amendment specifically exists to prevent government from infringing on the freedom of
3 Americans to speak freely and assemble peaceably.
4 Latarndra Strong said she was the proud lead organizer of the rally this past Saturday,
5 and she said the rally did her heart well. She said she also attended the prayer vigil on Sunday,
6 and said members of the community took pictures of the group and license plates, and put them
7 on social media. She said this was intimidating and instilled real fear. She said the KKK is clear
8 on its intention towards her community. She said she is not a violent person, has never owned
9 a gun or put her hands on anyone, but she has been called a communist and worse. She said
10 people of color were terrified by the KKK showing up, and the BOCC has a responsibility to stop
11 the nonsense about free speech, when there are violent organizations recruiting in this
12 community. She said this is about terrorism, and she asked the Board to pass the proclamation
13 and to do more.
14 Commissioner Marcoplos said when people come into town with guns and threats, there
15 is a clear difference between free speech and terrorist threats. He said the County has to
16 protect people in the community, and it is easy to cite free speech, but the words spoken at the
17 rally went beyond free speech.
18 Commissioner Price said this Proclamation is good, but the BOCC needs to do more.
19 She said Chair Rich spoke with the Commissioner in Caswell County, but she would like there
20 to be a discussion in this County amongst local leaders. She said, of course, people are going
21 to be intimidated, and many people of color were too afraid to even come to the event on
22 Saturday. She said people of other faiths need to be added to the Proclamation, and she would
23 also like to see language that says Orange County is making strides to be a diverse and
24 inclusive community, because there is still a lot of work to be done.
25 Commissioner McKee said he grew up in the 1950s and 1960s knowing where the local
26 KKK house was, and who some of the members were. He said in the 1970s and 1980s the
27 tolerance of this nonsense was driven out or sent underground. He said regardless of where
28 these protestors came from, he is certain there are some white robes hanging in closets in
29 Orange County. He said the problem is that the community's incentive to reject this nonsense
30 seems to be waning, and the KKK seems to be more emboldened. He said anyone who would
31 associate with this type of activity needs to be taken off the street by the Sheriff, but he is not
32 sure if there is a way to do that. He said this is not a reasonable example of free speech.
33 Commissioner Greene thanked all that were involved in the events on Saturday and
34 Sunday. She said it is important to focus on unity. She said it is an aspiration to be unified, and
35 she wants to know how she can be more helpful, as a white ally.
36 Chair Rich said she was out of town all weekend, and she was there in her spirit.
37
38 A motion was made by Commissioner Price, seconded by Commissioner Greene for the
39 Board to approve and authorize the Chair to sign the Resolution.
40
41 VOTE: UNANIMOUS
42
43 5. Public Hearings
44
45 a. Zoning Atlas Amendment for 6405 West Ten Road (PIN 9834-25-2573) — Rezone a
46 16.45 acre Parcel of Property to General Commercial (GC-4)
47 The Board held a public hearing and considered action on a property owner-initiated
48 amendment to the Zoning Atlas for a parcel of property within the Cheeks Township.
49 Specifically, the applicant is requesting to rezone a 16.45 acre, split zoned, parcel of property:
50 From: Rural Residential (R-1) (14.57 acres); and Neighborhood Commercial (NC-2) (1.88 acres)
51 To: General Commercial (GC-4) (16.45 acres)
17
1
2 BACKGROUND: This 16.45 acre parcel was originally "split-zoned" Neighborhood Commercial
3 (NC-2) and Rural Residential (R-1)when zoning for Cheeks Township was established in 1984.
4 The property has had a Commercial-Industrial Transition Activity Node (CITAN) land use
5 designation since 1984 as well. Future rezonings to non-residential zoning were anticipated to
6 be consistent with the CITAN land use. As was common practice at that time, staff identified
7 nonresidential zoning district boundaries in a manner that encompassed only the actual land
8 use (e.g., buildings) while excluding other areas, most notably parking, septic fields and/or
9 required land use buffers, which created a split zoning.
10
11 This parcel, further identified utilizing Orange County Parcel Identification Number (PIN) 9834-
12 25- 2573, is 16.45 acres in area and is split zoned with approximately 14.57 acres zoned Rural
13 Residential (R-1) and 1.88 acres zoned Neighborhood Commercial (NC-2). The NC-2 zoned
14 portion of property contains a pole barn and a non-residential structure. Both of these structures
15 are utilized to support contracting, storage, landscaping, and agricultural uses. The R-1 zoned
16 portion of the property contains an older farm-related storage structure previously used to
17 support agricultural uses on the property.
18
19 For more information on current conditions, please refer to the Site Assessment Map contained
20 within Attachment 3.
21
22 In 2016, staff initiated a review of 23 properties throughout the Cheeks Township that were
23 either:
24 • Split zoned (i.e. residential and non-residential zoning designations);
25 • Zoned non-residential where there was no corresponding non-residential land use; or
26 • Contained zoning boundaries did not allow for the logical use of property.
27 Seventeen of these properties were subsequently rezoned to address these conflicts. This
28 property was identified, but not acted upon at the request of the owner to allow for additional
29 review of potential impacts. The owner has since submitted the required zoning atlas
30 amendment application seeking to proceed with a rezoning of the entire 16.45 acre property to
31 General Commercial (GC-4).
32 Development Process, Schedule, and Action: The typical cadence for the review of a General
33 Use Rezoning and Zoning Atlas amendment is:
34
35 • FIRST ACTION — Submission of a General Rezoning application with required supporting
36 documents by the property owner.
37 STAFF COMMENT. Mr. Doby, the property and business owner, submitted the required
38 materials on July 3, 2019. Staff determined the application to be complete on July 8, 2019.
39
40 • SECOND ACTION —The Planning Board receives the application and staff prepares materials
41 and makes a recommendation on the rezoning request.
42 STAFF COMMENT: Staff presented this request and the Planning Board made a unanimous
43 recommendation to approve the request at its August 7, 2019 regular meeting.
44
45 • THIRD ACTION —The BOCC holds a public hearing on the request, receives the application
46 materials and recommendations, and takes action on the request.
47 STAFF COMMENT. Staff will present these materials and facilitate the public hearing at the
48 BOCC's September 3, 2019 regular meeting.
49
50 NOTE: property is not located within a Watershed Protection Overlay district.
18
1 For more information on the request, please refer to Attachment 1. As previously indicated,
2 maps denoting the subject property are contained within Attachments 2 and 3.
3
4 Other pertinent information concerning the property is as follows:
5 Future Land Use Map (FLUM) Designation: The property is located within an area of the
6 County designated as Commercial-Industrial Transition Activity Node (CITAN). The
7 FLUM can be accessed utilizing the following link:
8 http://www.orangecountync.gov/DocumentCenter/View/4054/Future-Land-Use-Map-PDF
9 • Comprehensive Plan: Per Appendix F, "Relationships Between Land Use Categories
10 and Zoning Districts Matrix"of the adopted Orange County Comprehensive Plan, GC-4
11 is an allowable general use zoning category for property located within a CITAN. For
12 more information on the definition of CITAN, and to review the allowed zoning
13 designations permitted within same, the Comprehensive Plan can be accessed utilizing
14 the following link: http://www.orangecountync.gov/1242/2030-Comprehensive-Plan.
15 Growth Management System Map Designation: The property is Urban Designated.
16 STAFF COMMENT: The Growth Management System Map is a tool utilized by staff
17 to identify permit review thresholds for residential (i.e., subdivision) projects.
18 Water and Sewer Management, Planning and Boundary Agreement (WASMPBA):
19 Property is located within the Orange County Primary Service Area meaning public
20 utilities (i.e. water and sewer) could be extended to the property. Public utility service
21 would be provided by the City of Mebane, who will likely require voluntary annexation to
22 allow services to be extended to serve a proposed land use. The document can be
23 accessed utilizing the following link:
24 http://www.orangecountync.gov/DocumentCenter/View/4190/Water-and-Sewer-
25 Management-Planning-and-Boundary-Agreement-PDF
26 • Transportation: Per the adopted Efland Buckhorn Mebane Access Management Plan,
27 West Ten Road (west of Buckhorn Road and east of Bowman Road) is recommended to
28 have 2-lanes of traffic with a 2-way left turn lane contained within a minimum of 80 feet
29 of right-of-way. The Plan also calls for the development of either a 5-foot wide paved
30 shoulder or curb/gutter with a bike lane and sidewalk. Development of the revised
31 roadway is intended to be achieved through the State Transportation Improvement
32 Program (STIP). At the time of development site plan submittal for the property, the
33 potential for additional right-of-way and/or road improvements will be determined. The
34 Plan can be accessed utilizing the following link:
35 http://www.orangecountync.gov/DocumentCenter/View/6967/2019-E-B-M-AMP?bidld.
36 Public Notifications: In accordance with Section 2.8 of the Unified Development Ordinance
37 (UDO), the following notifications occurred:
38
39 August 7, 2019 Planning Board Meeting: Notices of the date, time, location, and purpose of the
40 meeting were sent via first class mail to all property owners within 1,000 feet of the subject
41 parcel on July 11, 2019. A sign advertising the date, time, location, and purpose of the meeting
42 was posted on the property on July 11, 2019.
43
44 September 3, 2019 BOCC Public Hearing: Notices of the date, time, location, and purpose of
45 the public hearing were mailed to the same residents, via first class mail, on
46 August 19, 2019. A sign denoting the date, time, location, and purpose of the public hearing was
47 posted on the property on August 19, 2019.
48
19
1 Legal ads advertising the date, time, location, and purpose of the BOCC public hearing were run
2 in the News of Orange and the Durham Herald Sun on August 21, 2019 and again on August
3 28, 2019.
4
5 Refer to Attachment 6 regarding certifications.
6 Courtesy Review: This request was submitted to the City of Mebane, which theoretically could
7 serve the property with utility and urban services and accept a voluntary annexation petition by
8 the owner, on July 15, 2019 as part of the courtesy review program. The City has issued no
9 comments regarding the request other than it could theoretically be served by their public utility
10 services.
11
12 Planning Director's Recommendation: As required under Section 2.8.5 of the Unified
13 Development Ordinance (UDO) the Planning Director shall: `... cause an analysis to be made of
14 the application and, based upon that analysis, prepare a recommendation for consideration'.
15 The Director has determined the proposed atlas amendment addresses potential non-
16 conformities associated with the current split zoning of the property and that the requested GC-4
17 zoning designation is consistent with the goals and policies of the adopted Comprehensive
18 Plan, consistent with property's location within the CITAN. As a result, the Director recommends
19 approval of the Statement of Consistency, indicating the amendments are reasonable and in
20 the public interest, contained in Attachment 7 and the proposed zoning atlas amendment
21 ordinance contained in Attachment 8.
22
23 It should be noted further development/redevelopment of the property will require
24 submittal/approval of a site plan demonstrating compliance with applicable development
25 standards (i.e. parking, setbacks, impervious surface, stormwater, landscaping/buffering, etc.)
26 as detailed within the UDO. Approval of this request does not exempt the applicant from
27 complying with these standards.
28
29 The Planning Director has found the request consistent with several provisions of the 2030
30 Comprehensive Plan, notably:
31 • ECONOMIC DEVELOPMENT ELEMENT:
32 Objective ED-1.5: Identify barriers to development of desirable businesses and
33 local businesses, and mitigate these barriers.
34 • CHAPTER 5: LAND USE ELEMENT:
35 • Land Use Overreaching Goal: Coordination of the amount, location, pattern and
36 designation of future land uses, with availability of County services and facilities sufficient to
37 meet the needs of Orange County's population and economy consistent with other
38 Comprehensive Plan element goals and objectives.
39 • Land Use Goal 1 — Fiscally and environmentally responsible, sustainable growth
40 consistent with the provision of adequate services and facilities and a high quality of
41 life.
42 • Land Use Goal 4: Land development regulations, guidelines, techniques and/or
43 incentives that promote the integrated achievement of all Comprehensive Plan goals.
44
45 Based on this analysis, the Director recommends approval of the zoning atlas amendment
46 application subject to the approval of:
47 4-i. The Statement of Consistency, as contained in Attachment 7, indicating that the proposed
48 zoning atlas amendment is consistent with the adopted Plan, and the request is reasonable and
49 in the public interest; and
50 4-ii. The Ordinance amending the Orange County Zoning Atlas as contained in Attachment 8.
20
1
2 Patrick Mallett, Planner Il, made the following PowerPoint presentation:
3
4 September 3, 2019
5 BOCC Agenda Item 5a:
6 Doby Rezoning
7 Review and Action on Zoning Atlas Amendment/General Use Rezoning Request
8
9 Orange County Planning Department
10 Vicinity Map
11 Site: Existing Conditions
12 Site: Existing Zoning
13 Site Summary
14 Land Use Element of the Comprehensive Plan
15
16 Growth Management System
17
18 Site Photos
19 West Ten Road frontage facing east toward Buckhorn Road intersection
20 Site Photos
21 West Ten Road frontage facing west toward Mebane
22 Site Photos
23 Existing Non-residential use on NC-2 portion of property
24 Site Photos
25 Pole barn and adjacent residential lot (also owned by applicant).
26 Site Photos
27 Pole barn and R-1 portion of property in agriculture use.
28
29 Summary
30 ■ Part of 2016 Staff initiated Rezoning cases.
31 ■ Staff recommended rezoning all to GC-4.
32 ■ Put on hold while owner considered long-term plans.
33 ■ Cheeks Township was originally zoned in 1984.
34 ■ Zoning did not capture all the non-residential uses or the entire property.
35 ■ On August 7, 2019, the Planning Board unanimously voted to recommend approval of
36 request.
37
38 RECOMMENDATIONS:
39 1. Receive the request;
40 2. Conduct the public hearing and accept comment;
41 3. Close the public hearing. (Note that because this is a legislative decision, additional
42 comments at a later date are permitted);
43 4. Approve the Statement of Consistency (Attachment 7); and
44 5. Approve the Ordinance amending the Zoning Atlas (Attachment 8) as recommended by the
45 Planning Board and Planning Director
46
47 Commissioner Price asked if there was a timeline on the bike ped proposal.
48 Patrick Mallett said not, of which, he is aware.
49
50 A motion was made by Commissioner Bedford, seconded by Commissioner Greene for
51 the Board to open public hearing.
21
1
2 VOTE: UNANIMOUS
3
4 PUBLIC COMMENT:
5 Crystal Galdoni she said this re-zoning will directly affect her property, as it touches 3
6 sides of her property. She said she is the granddaughter of the property owner, and she feels it
7 should not be rezoned as commercial as it will cause more harm than good in the community,
8 and to her family. She said her greatest concern is the mini-storage facility. She said she has 4
9 children and has lived on this property on 2010, and she does not want to move. She said she
10 feels this storage facility will increase the crime rate in her neighborhood. She said the
11 developer's son-in-law is a known local drug addict. She said she has been a victim of crime in
12 this neighborhood, and this will only offer more fodder to criminals. She said she is also
13 concerned that a storage facility will affect the resale value of her home.
14 Patrick Mallett said this is a general use case, and he said everything must be
15 considered that may be permitted, as opposed to specifying one use versus another.
16 Charles Huffine, Civil Engineer for the property owner, said the owner initially excluded
17 this parcel. He said the Planning Commission found this to be favorable, and all conditions
18 were completely met. He said this is a general zoning, and not anything conditional. He said it
19 is open to all the permitted uses in the County's permitted use table.
20 Commissioner Price asked if there are other uses to the west of the young woman's
21 home.
22 Patrick Mallett said the current use today includes agriculture in the rear and a
23 landscaping/contracting business.
24 Charles Huffine said to the left of the woman's home is currently NC-2 zoning, which
25 covers the landscape business, there is a residential area, and part of the rezoning provides for
26 a 100-foot buffer from residential use to the commercial use.
27 Patrick Mallett said he reviewed the property and pointed out uses and required buffers.
28
29 A motion was made by Commissioner Bedford, seconded by Commissioner McKee to
30 close the public hearing. (Note that because this is a legislative decision, additional comments
31 at a later date are permitted.)
32
33 VOTE: UNANIMOUS
34
35 A motion was made by Commissioner Bedford, seconded by Commissioner McKee to:
36 Approve the Statement of Consistency (Attachment 7)
37
38 VOTE: Ayes, 4 (Commissioner McKee, Commissioner Bedford, Commissioner Greene,
39 Commissioner Marcoplos); Nays, 2 (Chair Rich and Commissioner Price)
40
41 A motion was made by Commissioner Bedford, seconded by Commissioner McKee to
42 Approve the Ordinance amending the Zoning Atlas (Attachment 8) as recommended by the
43 Planning Board and Planning Director.
44
45 VOTE: Ayes, 4 (Commissioner McKee, Commissioner Bedford, Commissioner Greene,
46 Commissioner Marcoplos); Nays, 2 (Chair Rich and Commissioner Price)
47
48 b. Public Hearing on the Financing of Various Capital Investment Plan Projects
49 The Board conducted a public hearing on the issuance of approximately $25,600,540 to
50 finance capital investment projects and equipment for the fiscal year; and consider voting to
22
1 approve a related Resolution supporting the County's application to the Local Government
2 Commission (LGC) for its approval of the financing arrangements.
3 Gary Donaldson, Chief Financial Officer, presented this item:
4
5 BACKGROUND: County staff estimates that the total amount to be financed for capital
6 investment projects, vehicles and equipment will be approximately $25,600,540 including
7 financing costs.
8
9 The Statutes require that the County conduct a public hearing on the proposed financing. A
10 copy of the published notice of this hearing is provided (Attachment 1).
11
12 The notice of public hearing was advertised in The Herald Sun on August 18, 2019 and the
13 News of Orange on August 21, 2019.
14
15 After conducting the public hearing and receiving public input, the Board will consider the
16 adoption of the Resolution (Attachment 2). The Resolution formally requests the required
17 approval from the North Carolina Local Government Commission (LGC) for the County's
18 financing, and makes certain finding of fact as required under the LGC's guidelines. County staff
19 has been in contact with the LGC staff, and staff expects no issues with receiving LGC
20 approval.
21
22 If the Board adopts the Resolution indicating its intent to continue with the financing plan, the
23 Board will be asked to consider a Resolution giving final approval to the financing plans at its
24 October 1, 2019 meeting. Under the current schedule, County staff expects to set the final
25 interest rates and close by the first week in November.
26
27 FINANCIAL IMPACT: There is no financial impact related to this action. However, there will be
28 a financial impact in proceeding with the financing. A preliminary estimate of maximum debt
29 service applicable to the capital investment projects and equipment financing would require the
30 highest debt service payment of$2.1 million in FY 2021-22. The tax rate equivalent for the
31 estimated highest debt service payment is approximately 1.2 cents.
32
33 Gary Donaldson made the following PowerPoint presentation:
34
35 FY 2019-20 Fall Financing
36 Limited Obligation Bonds
37 Gary Donaldson, Chief Financial Officer
38 September 3, 2019
39
40 Public Hearing Purpose
41 ➢ Board Approval for FY 2018-19 Installment Purchase Financing as authorized under
42 Section 160A-20 of North Carolina General Statutes
43 ➢ Issuance of approximately $25,600,540 to finance capital improvement projects, vehicles
44 and equipment
45 ➢ Approve Resolution supporting Limited Obligation Bond application to the Local
46 Government Commission
47
48 Limited Obligation Bond Terms
49 ➢ Security Pledge- Annual Appropriations and County collateral of Southern Campus,
50 Seymour Center and Northern Campus Site added to Master Deed of Trust
51 ➢ Maturity Term- 5- 20 Year maturities matches with the useful life of the assets
23
1 ➢ Estimated Interest Rates- 2-3% subject to market conditions
2 ➢ Source of Repayment- Property Tax and Sportsplex Fees
3 ➢ Subordinate Lien to General Obligation Bonds
4 ➢ Current and Projected Ratings- Aa1/AA+/AA+ from Moody's, Standard & Poor's and
5 Fitch Ratings
6 ➢ LGC Approval required
7
8 List of Projects to be Financed (chart)
9
10 Key Debt Model Metrics (chart)
11
12 Financing Calendar
13
14 Questions/Comments
15
16 A motion was made by Commissioner McKee, seconded by Commissioner Price for the
17 Board to open the public hearing.
18
19 VOTE: UNANIMOUS
20
21 PUBLIC COMMENT:
22 NONE
23
24
25 A motion was made by Commissioner McKee, seconded by Commissioner Price for the
26 Board to close the public hearing.
27
28 VOTE: UNANIMOUS
29
30 A motion was made by Commissioner Price, seconded by Commissioner Marcoplos to
31 for the Board to adopt the Resolution supporting the application to the Local Government
32 Commission for approval of the financing.
33
34 VOTE: UNANIMOUS
35
36 6. Regular Agenda
37
38 a. Format for the 2019 Orange County Summit
39 The Board considered voting to approve the framework for the 2019 Orange County
40 Summit and to assign roles for members of the Board of County Commissioners.
41
42 Todd McGee, Community Relations Director, presented this item:
43
44 BACKGROUND: The Board of County Commissioners appropriated $30,000 in the FY 2017-18
45 budget from the Article 46 sales tax to host an Economic Development Summit in 2018. The
46 BOCC chose to partner with WCHL to broadcast the summit on the radio. The summit occurred
47 on October 17, 2018, from 3 — 7 p.m.
48
49 Given the positive feedback generated from the inaugural summit, staff proposes hosting
50 another summit on October 16, 2019. This event would be held at the Whitted Building and
51 would be co-broadcast on the County's cable television channel.
24
1
2 After last year's summit, staff and representatives from WCHL met several times and also
3 solicited feedback from the BOCC on ways to improve the next summit. Among the proposals
4 offered were to broaden the scope beyond economic development to include other County
5 initiatives and issues, such as affordable housing and transportation.
6
7 Topics and Panels (3:00 — 7:00 PM)
8
9 Hour 1
10 • First segment: BOCC's approach to social justice
11 Panelists: Penny Rich, Chair, Orange County Board of Commissioners; Mark Dorosin,
12 Orange County Commissioner; Debby Stroman, Chair, Orange County Human Relations
13 Commission; Ashley Heger, Orange County Food Council Coordinator
14
15 Second segment:Affordable Housing
16 Panelists: Emila Sutton, Orange County Housing and Community Development Director;
17 Dolores Bailey, EmPOWERment; Robert Dowling; Corey Root, Partnership to End
18 Homelessness
19 Commissioner: Sally Greene
20
21 Hour 2:
22 • First segment: Public Transportation
23 Panelists: Theo Letman, Orange County Public Transportation; Brian Litchfield, Chapel Hill
24 Transit; Damon Seils, Carrboro Alderman and MPO Chair
25 Commissioner: Renee Price
26
27 Second segment: Tourism/Arts
28 Panelists: Laurie Paolicelli, Chapel Hill/Orange County Visitor's Bureau; Katie Murray,
29 Orange County Arts Commission.
30 Commissioner: Penny Rich
31
32 Hour 3:
33 • First segment: Education: K-12
34 Panelists: Joal Broun, Chair, CHCCS Board of Education; Pam Baldwin, CHCCS
35 Superintendent; Will Atherton, Chair, Orange County Schools Board of Education; Dr.
36 Randy Bridges, Interim Superintendent, Orange County Schools.
37 Commissioner: Jamezetta Bedford
38
39 Second segment: Workforce Development
40 Panelists: Bill Ingram, President, Durham Technical Community College (or designee);
41 Teacher, Orange High School trade skills program; Teacher, CHCCS CTE Program
42 Commissioner: Mark Marcoplos
43
44 Hour 4: Economic Development
45 • First segment: Industrial recruitment
46 Panelists: Steve Brantley, Orange County Economic Development Director; Bill Ingram,
47 Durham Tech President; representative from ABB or another successful firm; Paige
48 Zinn, Chair, Economic Development Commission
49 Commissioner: Earl McKee
50
25
1 Second segment: Small business services
2 Panelists: Steve Brantley, Orange County Economic Development Director; Amanda
3 Garner, Orange County Economic Development; Representative from each of the
4 grant/loan programs TBD by OCED
5 Commissioner: Penny Rich
6
7
8 FINANCIAL IMPACT: The FY 2019-20 budget includes an appropriation of$30,000 from Article
9 46 sales tax proceeds to host this event.
10
11
12 [Missing]
13
14 b. Acceptance of Guaranteed Maximum Price (GMP) for the Orange County Northern
15 Campus
16 The Board considered voting to accept a Guaranteed Maximum Price (GMP) of
17 $36,354,082 as presented by Bordeaux Construction for the development of the Orange County
18 Northern Campus.
19
20 BACKGROUND: In July 2018, the County retained Bordeaux Construction to serve as its
21 Construction Manager at Risk (CMAR) for the development of the Northern County Campus.
22 The Construction Manager at Risk project delivery method was chosen to improve cost
23 containment and cost certainty compared to other project delivery methods. Cost containment is
24 improved by allowing the Construction Manager to work collaboratively with the project
25 designers to yield the most cost effective design solutions from a construction standpoint. Cost
26 certainty is secured through a contractually binding guaranteed maximum price that is provided
27 to the County prior to start of construction. The CMAR process is also more transparent as the
28 CMAR provides more detailed financial accounting information with the entire project team
29 compared to a general contractor on a design-bid-build project.
30
31 In February 2019, the Board of Commissioners reviewed schematic design cost estimates for
32 the Northern County Campus and authorized a total budget of$40.2 million. The Campus,
33 located off of Highway 70 in Hillsborough, is intended to include a replacement Detention
34 Center, Environment and Agriculture Center, and Parks Operations Base. Substantial
35 completion is scheduled for March 9, 2021, and final completion is scheduled for May 9, 2021.
36
37 Campus Elements
38
39 • Detention Center
40 The new Detention Center would consist of one hundred forty-four (144) beds in approximately
41 48,900 square feet. The new facility would replace the existing 40,227 square foot detention
42 facility located in downtown Hillsborough that was originally constructed in 1925 with additions
43 and modifications occurring in the early 1980's and mid-1990's.
44 • Environment and Agriculture Center (EAC)
45 The new 17,200 square foot Environment and Agriculture facility would replace the
46 19,087 square foot office building currently located on Revere Road that houses the Department
47 of Environment, Agriculture, Parks and Recreation, Cooperative Extension, Farm Service
48 Agency, and Soil and Water Conservation.
49 0 Parks Operations Base
26
1 The new 8,500 square foot Parks Operations Base would replace scattered facilities and a base
2 and shop at Millhouse Road Park that is used primarily for office space and equipment storage.
3
4 Bordeaux Construction advertised a request for qualifications in March 2019 and solicited over
5 850 firms for 36 different bid packages. Nineteen (19) of those packages included reduced
6 prequalification thresholds and bonding requirements to encourage the participation of small
7 and minority owned businesses. A local and minority business outreach session was held on
8 April 22, 2019.
9
10 Competitive bids from first tier subcontractors were opened on August 13, 2019 and on August
11 23, 2019. These bids were used to identify the lowest, responsible subcontractor bid for each
12 bid package. The bid packages totaled over$31.7 million in construction costs and ranged from
13 a $5.3 million bid for earthwork to a $14,600 bid for lockers. Over twenty-one percent (21%) of
14 the cost of work is anticipated to be contracted with Minority Owned Businesses (MBEs) that are
15 certified with the State of North Carolina Department of Administration (NC DOA). The
16 statutorily required goal for public works projects is ten percent (10%).
17
18 After the subcontractor bids were finalized, the Construction Manager led a value engineering
19 exercise to identify cost reduction options that would not affect the functionality of the project
20 elements. Those options were reviewed by County staff and the project architects, and a total of
21 over$466,000 in value engineering options are recommended to reduce the overall cost of the
22 project.
23
24 Bordeaux Construction has presented the County with a total guaranteed maximum price
25 (GMP) of$36,354,082 to deliver all of the elements of the Northern Orange County Campus
26 after deducting the value engineering options. The components of the GMP are detailed in
27 Attachment 1 and summarized in the following table:
28
29 GMP Component Proposed Cost
30 Subcontractor Bids (Cost of Work) $31,269,947
31
32 General Conditions &Allowances $1,798,693
33 Tap Fees & Permits
34 Other Misc. Expenses
35
36 Owner's Contingency $600,000
37 Owner Directed Changes
38
39 Construction Manager Contingency $625,399
40 Unknown Construction Costs
41
42 Early Completion Bonus $1,628,966
43 1% of Cost of Work
44
45 Construction Manager Fee
46 3.75% of Cost of Work
47
48 Bonds and Insurance $431,076
49 1.2% of Cost of Work
50 TOTAL GUARANTEED MAXIMUM
51 PRICE $36,354,082
27
1
2 At the end of the construction project, any unspent owner contingency funds or allowances are
3 retained by the County. If any amount of the Construction Manager contingency is unspent,
4 seventy percent (70%) is retained by the County, and thirty percent (30%) is shared with the
5 construction manager as an incentive to avoid unnecessary construction costs.
6
7 The GMP is one of the required elements to seek approval from the Local Government
8 Commission (LGC) to borrow money for the project. LGC approval is scheduled for October 1,
9 and approximately $10 million of the total project costs are recommended for financing in the
10 Fall financing package based on cash flow needs.
11
12 Bordeaux Construction has requested a notice to proceed on the initial site work and long lead
13 time materials immediately following acceptance of the GMP in order to avoid winter site
14 conditions and remain on schedule for project delivery. As a result, the proposed GMP is
15 recommended in two parts. The first part (GMP #1) is $10,019,850 million would be allowed to
16 proceed prior to formal approval by the LGC on October 1. This strategy has precedent and
17 poses minimal risk to the County. The notice to proceed for the balance of the project (GMP #2)
18 totaling $26,334,232 would occur following formal approval by the LGC as the construction
19 schedule dictates.
20
21 FINANCIAL IMPACT: The Board of Commissioners authorized a total project budget of$40.2
22 million. Given a GMP of$36.4 million, projected professional fees of approximately $3.3 million,
23 and a furniture, fixtures, and equipment budget of$625,000, the project is expected to be on
24 budget assuming that contingency funds and other allowances are not entirely exhausted during
25 construction.
26
27 Travis Myren made the following PowerPoint presentation:
28
29 Northern County Campus
30 Guaranteed Maximum Price
31 Board of Orange County Commissioners
32 September 3, 2019
33
34 Purpose
35 To accept a Guaranteed Maximum Price (GMP) of$36,354,082 as presented by
36 Bordeaux Construction for the development of the Orange County Northern Campus.
37
38 Northern County Campus Schedule (flow chart)
39
40 Northern Campus Revised Site Plan
41
42 Northern Campus Revised Site Plan
43 Site plan changes since schematic design
44 — Land Swap
45 • Finalized to Straighten Eastern Property Line
46 — West Hill Connector
47 Removed from Phase 1 for Cost and Scheduling Purposes
48 — Recombination of Parcels
49 Remove Splits
50
28
1 Northern Campus Detention Center
2 48,900 square feet
3 PV/Solar Energy
4 Geothermal Heating/Cooling
5 144 Detention Beds
6 Detention Support Spaces
7 Administrative Offices
8 Staff Training
9 Kitchen
10 Laundry
11 Security Systems
12 Visitation
13 • Video
14 • In-Person
15 0 Contact
16 Attorney/Client Consultation
17 Medical/Telemedicine
18 Multipurpose Rooms
19 Magistrate's Office
20
21 Northern Campus Environment and Agriculture Center
22 17,200 square feet
23 Departments
24 o Environment, Agriculture, Parks & Recreation
25 o Cooperative Extension
26 o Farm Service Agency
27 o Soil and Water Conservation
28 o Forest Service
29 PV/Solar Energy & Hot Water
30 Large Meeting/Training Space
31 Demonstration Kitchen
32 • Plan Laboratory
33
34 Northern Campus Parks Operations Base
35 8,500 square feet
36 • Administrative Offices
37 • Staff Break and Training
38 • Parks Shop
39 o Equipment Maintenance & Repair
40 o Woodworking
41 o Fuel & Paint Storage
42 o Pesticide and Herbicide Storage
43 • PV/Solar Energy
44 • Yard Space
45 o Secured Fencing/Lighted
46 o Large Vehicles & Equipment
47 o Fertilizer Storage
48 o Bulk Material Storage
49
50 Northern Campus Bidding and Value Engineering
51
29
1 Bidding and Value Engineering
2 -850 Firms Solicited
3 -36 Bid Packages
4 0 19 Bid Packages Customized for Small and Minority Owned Businesses
5 -21% of Cost of Work Contracted to Minority Owned Businesses
6 ■ State Requirement is 10%
7 -$466,000 Value Engineering Reductions Identified
8
9 Northern Campus Guaranteed Maximum Price
10
Guaranteed Maximum Price Components
Subcontractor Bids— Cost of Work $ 30,154,056
Subcontractor Allowances $ 1,115,891
I
General Conditions $ 1,184,693
CM Allowances and Tap Fees $ 533,000
Building Permit $ 81,000
Owner's Contingency— Owner Directed Changes I $ 600,000
CMAR Contingency— Unknown Project Costs (2%) $ 625,399
Early Completion Bonus — 1% Cost of Work $ 342,940
CMAR FEE — 3.75% Cost of Work I $ 1,286,026
Bonds and Insurance— 1.2% Cost of Work $ 431,077
TOTAL GUARANTEED MAXIMUM PRICE $ 36,354,082
11
12
13 Northern Campus Development Budget Comparison
14
Budget Model #1 with Cost Controls
Subcontractor Bids $ 30,154,056 $ 30,154,056
30
General Conditions I $ 1,184,693 $ 1,184,693
CM Allowances and Tap 111 399,750 Reduction
Building Permit $ 81,000 $ 81,000
' ' Contingency $ 312,700 1' , Reduction
Early Completion Bonus $ 342,940 $ 342,940
CMAR FEE $ 1,286,026 $ 1,286,026
Bonds and Insurance $ 431,077 $ 431,077
GMP TOTAL $ 36,354,082 35,329,159 $ (1,024,923)
Acquisition & Easements $ 419,050 $ 419,050
Furniture, Fixtures & Equipment $ 625,000 $ 625,000
Professional Fees $ 3,273,148 $ 3,273,148
�Owner's Contingency 1 .• 1'. Reduction
ACQUISITION& FEE TOTAL $ 5,055,568 $ 4,686,383 $ (369,185)
TOTAL PROJECT09 0,0
1
2
3 Northern Campus Development Budget Comparison
4
Budget Versus Budget Model #1 Cost Controls
Current Cost
Budget Estimate Difference
With Simulated
Cost Controls
31
Acquisition $399,050 $419,050 $20,000
Construction + Energy Efficiency $34,730,474 $35,329,159 $598,685
GMP
Furniture, Fixtures & Equipment $625,000 $625,000 $-
Owner Contingency $1,338,370 $369,185 $(969,185)
Professional Fees $3,112,712 $3,273,148 $160,436
ESTIMATE
2
3 Northern Campus Guaranteed Maximum Price
4 GMP and Notice to Proceed —Two Phases
5 o GMP #1 - $10,019,850
6 ■ Site Work and Long Lead Time Materials
7 ■ Avoid Winter Conditions
8 ■ Notice to Proceed — September 9, 2019
9 o Local Government Commission (LGC) Approval
10 ■ Approves Financing for GMP #1
11 ■ October 1, 2019
12 o GMP #2 - $26,334,232
13 ■ Balance of GMP Costs
14 ■ Notice to Proceed After LGC Approval
15 ■ Project Financed as Cash Flow Dictates
16
17 Recommended Board Action
18 1. After comparing the advantages and disadvantages of using the construction
19 management at risk method for this project versus those identified in NC General
20 Statute 143-128(a1)(1) through NC General Statute 143-128(a1)(3), the Board
21 concludes that the construction management at risk method is in the best interest
22 of the project and is the preferred project delivery method for this project.
23 2. Accept a total Guaranteed Maximum Price (GMP) of$36,354,082 as presented by
24 Bordeaux Construction (Attachment 1) for the development of the Orange County
25 Northern Campus.
26 3. Authorize the County Manager to approve change orders for this project up to the
27 authorized, budgeted amount.
28
29 Commissioner Greene commended Travis Myren on 21% contracted to minority-owned
30 business.
31 Blair Bordeaux said these are initial percentages, and will likely go up.
32 Commissioner Price also thanked them for this percentage.
32
1 Commissioner Price referred to the revised site plan, and the lack of an entry on West
2 Hill Avenue, and asked if the Sheriff approves.
3 Travis Myren said the Sheriff was consulted, and is in acceptance of the plan.
4 Commissioner Price referred to page 7 of PowerPoint (rendering of the EAC) and asked
5 if"alternate 2 and 3" were related to budget.
6 Travis Myren said these alternates were presented as part of the bidding package, and
7 were not accepted.
8 Commissioner Price said this will go into effect in October, with site preparation in
9 September, and asked if the $10 million will be paid back.
10 Travis Myren said the County will expend a little money, once the financing is approved,
11 and when the bonds are sold the general fund will be reimbursed for those costs.
12
13 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price for
14 the Board to:
15 1. After comparing the advantages and disadvantages of using the construction
16 management at risk method for this project versus those methods identified in North
17 Carolina General Statute 143-128(a1)(1) through North Carolina General Statute 143-
18 128(a1)(3), conclude that construction management at risk services is in the best interest
19 of the project and is the preferred method of proceeding with the project;
20 2. Accept a total Guaranteed Maximum Price (GMP) of$36,354,082 as presented by
21 Bordeaux Construction (Attachment 1)for the development of the Orange County
22 Northern Campus; and
23 3. Authorize the County Manager to approve change orders up to the total project budget
24 amount.
25
26 VOTE: UNANIMOUS
27
28 7. Reports
29 NONE
30
31 8. Consent Agenda
32
33 • Removal of Any Items from Consent Agenda
34
35 • Approval of Remaining Consent Agenda
36
37 A motion was made by Commissioner Price, seconded by Commissioner Bedford to
38 approve the remaining items on the agenda.
39
40 VOTE: UNANIMOUS
41
42 Discussion and Approval of the Items Removed from the Consent Agenda
43
44 a. Minutes
45 The Board approved the minutes from June 4, 6, 11, 18 and July 23, 2019 as submitted by the
46 Clerk to the Board.
47 b. Motor Vehicle Property Tax Releases/Refunds
48 The Board adopted a Resolution, which is incorporated by reference, to release motor vehicle
49 property tax values for fourteen taxpayers with a total of nineteen bills that will result in a
50 reduction of revenue in accordance with NCGS.
33
1 c. Property Tax Releases/Refunds
2 The Board adopted a Resolution, which is incorporated by reference, to release property tax
3 values for forty-nine (49) taxpayers with a total of seventy-five (75) bills that will result in a
4 reduction of revenue in accordance with North Carolina General Statute 105-381.
5 d. Applications for Property Tax Exemption/Exclusion
6 The Board considered nine untimely applications for exemption/exclusion from ad valorem
7 taxation for nine bills for the 2019 tax year.
8 e. Tax Collector's Annual Settlement for Fiscal Year 2018-19
9 The Board received the Tax Collector's annual settlement on current and delinquent taxes, and
10 consider voting to approve by Resolution the accounting thereof, and upon acceptance of the
11 reports, issue the Order to Collect for Fiscal Year 2019-2020.
12 f. Fiscal Year 2019-20 Budget Amendment#1
13 The Board approved budget, grant, and capital project ordinance amendment for fiscal year
14 2019-20 for the Criminal Justice Resource Department; Department of Social Services; Health
15 Department; Animal Services; Planning and Inspections; DEAPR; Department on Aging;
16 Community Relations; Tax Administration; Miscellaneous-Non Departmentals; Community Loan
17 Fund/Historic Rogers Road Neighborhood Infrastructure Capital Project; Sheriff's Office; Phillip
18 Nick Waters Emergency Services Building Remediation Capital Project; and County Manager-
19 Arts Commission.
20 g. Application for North Carolina Education Lottery Proceeds for Chapel Hill — Carrboro
21 City Schools (CHCCS) and Contingent Approval of Budget Amendment #1-A Related
22 to CHCCS Capital Project Ordinances
23 The Board approved an application to the North Carolina Department of Public Instruction
24 (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2019-20 debt
25 service payments for Chapel Hill — Carrboro City Schools (CHCCS) and authorized the Chair to
26 sign, and to approve Budget Amendment#1-A (amended School Capital Project Ordinances),
27 contingent on the NCDPI's approval of the application.
28 h. Acceptance of Grant for Electric Vehicle Infrastructure and Approval of Budget
29 Amendment#1-13
30 The Board accepted $147,247 in reimbursement from the North Carolina Clean Energy
31 Technology Center (NCCETC) through its "Clean Fuel Advanced Technology (CFAT)" grant
32 program to purchase a solar electric vehicle charging station, and update twelve (12) of the
33 County's original electric vehicle charging stations, and lease the County's first plug-in electric
34 passenger vehicle; approve Budget Amendment#1-B; and authorize the County Manager to
35 sign the associated funding agreement and any other necessary documentation for the
36 successful completion of this project pending final review by the County Attorney's Office.
37 L Approval of FY 2019-20 Forest Service Contract
38 The Board approved the annual agreement between Orange County and the North Carolina
39 Forest Service, a division of the North Carolina Department of Agriculture and Consumer
40 Services (DACS), for protection, development, reforestation, management and improvement of
41 forestlands in Orange County and authorized the Chair to sign.
42 j. Finalization of Property Exchange Between the County and Holloways
43 The Board authorized the County Manager to complete all required documentation and take
44 necessary action to affect a land exchange between the County and the Holloway family related
45 to the development of the County's Northern Campus, subject to final review by the County
46 Attorney; and approved and authorized the Chair to sign the Resolution to Exchange Real
47 Property.
48 k. Northern Campus Easement Acquisition
49 The Board authorized the acquisition/dedication of utility easements to facilitate extension of
50 public sewer to the Northern Campus Project.
34
1 I. Resolution of Approval — Conservation Easement on Triangle Land Conservancy-
2 McQueen Property
3 The Board approved a Resolution, which is incorporated by reference, to approve the
4 acceptance by Orange County of a conservation easement for Triangle Land Conservancy's
5 McQueen Property and authorized the Chair to sign.
6 m. Adoption of Policies Related to North Carolina Housing Finance Agency (NCHFA) —
7 2019 Urgent Repair Program (URP19) Grant Award
8 The Board adopted and authorized the Chair to sign the Assistance and Revised Procurement
9 and Disbursement Policies for the NCHFA 2019 Urgent Repair Program (URP19) Grant Award
10 and authorize the County Manager and Housing and Community Development (H&CD)
11 Department staff to make any required changes as requested by the North Carolina Housing
12 Finance Agency (NCHFA).
13 n. Approval of Correction to Language in the Resolution Authorizing the Orange County
14 FY 2017-2018 HOME Program Design
15 The Board approved a Resolution, which is incorporated by reference, correcting language in
16 Resolution 2017-037 adopted by the Board on June 6, 2017 that authorized the Orange County
17 FY 2017-2018 HOME Program Design.
18
19 9. County Manager's Report
20
21 Bonnie Hammersley introduced the Asset Management Services Director Steve Arndt,
22 and provided the following updates:
23
24 Projected September 10, 2019 Special Meeting Items
25 Public Hearing and Decision Regarding an Economic Development Recruitment Incentive for
26 Project Tomorrow
27
28 Projected September 10, 2019 Regular Work Session Items
29 Budget Amendment Process
30 Discussion Regarding the Regulation of the Discharge of Firearms in Areas of the County with a
31 High Residential Unit Density
32
33 10. County Attorney's Report
34 John Roberts said the Legislature has not been passing much legislation lately, and still
35 awaits a budget. He said there are some regulatory reform and farm act bills that may still
36 potentially impact local government.
37
38 11. *Appointments
39
40 a. Orange County Climate Council —Appointment
41 The Board will consider appointing one position on the newly formed Orange County
42 Climate Council.
43
44 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
45 to appoint Jonas Monast to the newly formed Orange County Climate Council.
46
47 VOTE: UNANIMOUS
48
49 Commissioner Marcoplos said he is thrilled with this group, and it is full of excellent
50 people. He said the roster is coming together. He said he attended the North Orange NAACP
51 meeting, and it is looking to fill slots. He said the Orange County School Board is doing the
35
1 same, but he has not heard back from the Chapel Hill-Carrboro City Schools Board yet. He said
2 Hillsborough and Carrboro are working on representatives.
3 Chair Rich asked if anyone has reached out to UNC.
4 Commissioner Marcoplos said he has, and UNC is in the midst of hiring a new
5 sustainability director.
6
7 12. Information Items
8
9 • June 18, 2019 BOCC Meeting Follow-up Actions List
10 • Tax Collector's Report— Numerical Analysis
11 • Tax Collector's Report— Measure of Enforced Collections
12 • Tax Assessor's Report— Releases/Refunds under $100
13 Memorandum — NCDOT Corridor Updates — NC-54 West, S. Churton Street and Orange
14 Grove Road Extension
15
16 13. Closed Session
17 NONE
18
19 14. Adjournment
20
21 A motion was made by Commissioner Price, seconded by Commissioner Marcoplos to
22 adjourn the meeting at 10:25 p.m.
23
24 VOTE: UNANIMOUS
25
26
27 Penny Rich, Chair
28
29 Donna Baker
30 Clerk to the Board
1
1 Attachment 2
2
3 DRAFT
4 MINUTES
5 BOARD OF COUNTY COMMISSIONERS
6 SPECIAL MEETING
7 September 10, 2019
8 7:00 p.m.
9
10 The Orange County Board of Commissioners met in special session on Tuesday, September
11 10, 2019 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta
14 Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
15 COUNTY COMMISSIONERS ABSENT: None
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
18 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
19 appropriately below)
20
21 Chair Rich called the meeting to order at 7:00 p.m.
22 Chair Rich said she joined Steve Brantley, Economic Development Director, and
23 Amanda Garner, Business Recruitment Economic Developer, at the Mebane meeting last night,
24 where they approved an incentive proposal and annexation of property.
25
26 1. Public Hearing Regarding an Economic Development Recruitment Incentive for
27 Medline Industries, Inc. (Project Tomorrow)
28 Steve Brantley, Economic Development Director, noted the following items at the
29 Commissioners' places:
30 - the performance agreement (Attachment A)
31 - PowerPoint summary
32 - Public hearing newspaper notice (Attachment C)
33 - Abstract
34 - yellow sheet, replaces page 12 of 12 of exhibit B. The original contained a small typo,
35 which staff corrected, and the revised form is the yellow sheet.
36
37 Steve Brantley recognized Medline representative Dmitry Dukhan (Vice President Real
38 Estate Operations with Medline), Robert "Bob" Kievert (Director of Tax Compliance, Finance
39 and Audit with Medline), and Austin Watts (Vice President)with the site contractor Kimley-Horn.
40 Steve Brantley said Project Tomorrow came from the sundial at the Morehead
41 Planetarium.
42
43 PURPOSE:
44 To:
45 1) Receive and hold a public hearing on the issuance of a "performance-based" economic
46 development incentive by the County to a private company; and
47 2) Consider approval of the proposed 5-year performance-based incentive agreement, with
48 claw-back provisions, for the recruitment of Medline Industries' distribution center to
49 Orange County, NC.
50
2
1 BACKGROUND: Local and state government in North Carolina have the goal to promote
2 economic development by encouraging the location of new businesses and the expansion of
3 existing businesses. This activity serves to diversify the local tax base, increase employment
4 opportunities and introduce desired job skills and related benefits to a community, and for the
5 benefit of its residents. The Local Government Act, North Carolina General Statute (NCGS)
6 158-7.1 outlines the requirements of public hearings, and NCGS 158-7.1(a) specifically
7 addresses the requirement that economic development appropriations "must be determined by
8 the governing body of the city or county to increase the population, taxable property, agriculture
9 industries, employment, industrial output, or business prospects of the city or county" This
10 public hearing has been scheduled in compliance.
11
12 Company Description:
13 Founded in 1966, Medline Industries, Inc. is a privately held American healthcare company
14 headquartered in Northfield, IL and is the largest privately held manufacturer and distributor of
15 medical supplies in the United States, providing products, education, clinical programs and
16 services with offices in 20 different countries. These distribution centers serve as regional hubs
17 for next-day delivery service to hospitals, physicians' offices, surgical centers, care facilities,
18 retailers and pharmacies. In 2019, Medline reached over$12 billion in overall company sales,
19 having been ranked at number 32 on the Forbes 2016 list of largest privately held companies.
20 • Originally founded in Chicago in 1910 as "Mills Hospital Supply", and later renamed
21 "Medco", the firm is now the largest privately held manufacturer and distributor of
22 medical supplies in the United States.
23 • Manufactures 80,000 medical products in 30 company-owned manufacturing centers.
24 • Distributes 550,000 medical and surgical products in 7 countries.
25 • Operates 43 medical grade distribution centers totaling 20 million sq. ft. in size.
26 • Owns a fleet of 750 delivery trucks.
27 • Serves many international customers in 90 countries.
28 • Employs 24,000 total employees worldwide (8,300 new positions added since 2014), to
29 include 2,000 direct sales representatives.
30 • Serves as a primary supplier to U.S. Homeland Security, EMS agencies and other first
31 responders in cases of national emergencies.
32 • Owns the CURAD line of sterile adhesive bandages and gauze pads.
33 • Regionally, the company operates two 400,000 sq. ft. distribution centers in Lincolnton,
34 NC and Richmond, VA.
35 • 40% of Medline's U.S. distribution centers are LEED (Leadership in Energy and
36 Environmental Design) certified or pending certification, representing over 8.3 million
37 square feet of warehouse space. All new Medline buildings worldwide are constructed to
38 meet LEED "green" standards.
39
40 A company representative has been invited and will be available for comment and questions.
41
42 Protect Description:
43 (1) Investment— Medline Industries will increase real property valuation by up to $55,000,000
44 and up to $10,300,000 in new personal property, to generate a total capital investment of
45 $65,300,000 over the first 5 years.
3
Real $25•000.000 $30.00,000 $0 $0 $0 $55,[IK0013
Pruperly
Personal $3,000,000 $7,000,000 $100,000 $100,00 $100,00 $10,300,000
Pro
1 Total $2B4O00,OU0 $37,000,000 $100,000 $100,0100 $100,000 $65,300,000
2
3 (2) Employment — Medline Industries will maintain employment consistent with the job chart
4 below during the term of the incentive agreement. If annual job targets are not achieved, the
5 incentive payment will be reduced proportionally. By year #5, the Company will create 250 new
6 positions with an average salary of $35,468 per year. In addition, the Company forecasts
7 eventual employment growing to 500 jobs in 8 - 9 years, and believes potential employment at
8 full capacity of 600 jobs at or after 10 years of operation.
9
LW 2021 i
Full-Time 30 75 75 50 20 250
Jobs
10
11 (3) Operation — Regional distribution center and some light assembly of a large inventory of
12 medical products to be supplied to hospitals, medical professionals, surgical centers, extended
13 and home health care providers, and EMS first responder agencies located across a multi-state
14 area.
15
16 Main Products:
Main Products:
Advanced Wound Care Anesthesia
Apparel Beds& Mattresses
Central Sterile Diagnostics
Durable Medical Equipment Environmental Services
Equipment& Fumishings Foot&Ankle supplies
Gloves Incontinence
Infection Prevention Lab Supplies
Nursing Supplies[Patient Care Nutrition
Office Supplies Operating Roam/Surgery
Pharmacy Eye Punctallocclusion
Respiratory Skin Care
Textiles Therapy& Rehabilitation
Urology&Ostomy Vascular Access
Wound Care Foot&Ankle Surgery
Product Services Device Reprocessing
17 Consumer Brands
18
19 (4) Facility — New construction of an environmentally efficient LEED-certified distribution center
20 of 1.2 million sq. ft. in size, with a significant array of solar panels to be installed on the roof. (As
21 an illustration, Medline's 1.1 million sq. ft. facility in Tracy, CA generates 35% of that operation's
22 annual electricity needs). LEED (Leadership in Energy and Environmental Design) is an
23 internationally recognized ecology-oriented green building certification program run under the
24 guidance of the U.S. Green Building Council (USGBC). LEED designated building construction
25 concentrates efforts on improving performance across five key areas of environmental and
26 human health: energy efficiency, indoor environmental quality, CO2 emissions, materials
27 selection, sustainable site development and water savings. The building will also incorporate a
28 highly automated and intelligent robotic storage and picking system pioneered by "Swisslog"
29 logistics technology.
30
4
1 (5) Site Location — Medline's site in Orange County comprises six (6) adjacent parcels that are
2 currently under option in the Buckhorn Economic Development District, totaling approximately
3 172.79 acres along the north side of West Ten Road (located between the Gravely Hill Middle
4 School and Buckhorn Road). These properties are indicated on the aerial site map by the red
5 boundary line.
6
7 Orange County's Performance-Based Incentive Proposal:
8 The proposed economic development inducement incentive follows the County's current
9 incentive formula that has been previously utilized with other industrial prospects. The incentive
10 will be performance-based with respect to the County's annual verification of Medline Industries'
11 targeted increases over a 5 year period in (1) employment, wages & benefits, and, (2) new
12 taxable real & personal property additions, as the Company establishes its' Orange County
13 presence. Incentives would only be paid following confirmation of the Company's required
14 annual threshold growth in these measures, and, on a pro-rata reimbursement in case the
15 company's targeted growth in any year lags current growth projections.
The proposed County inducement capped at $1,840,967 is a performance-based grant to be made
to the Company over a five (5) year period, and is calculated in value at an amount equal to 75% of
Medline's projected new investment in real & personal property tax valuation. This specific formula
represents the County's current incentive policy, which has been offered by the BOCC in the past to
other industrial prospects. The formula ensures that annual property tax revenues from the new
investment's additional property tax values, net of annual incentive payments, yield a positive cash
flow in all years of the initial incentive agreement.
Orange County Pro pert Tax Revenue Projections
s n TOTAL
1 Year 2 Year 3 Year 4 Year 5 Year 6 Year
2020 2021 2022 2023 2024 2025
New Property $243,012 $562,399 $555,630 $549,537 $544,045 $537,349 $2,991,972
Tax Revenues
Incentive 421 799 416 722 412 153 408 034 182 259 ($1,840,967)
Payments
Annual Net $243,012 $140,600 $138,907 $137,384 $136,011 $355,090 $968,745
Revenues
16
17 * Note: There is no incentive payment scheduled for 2020 due to the company's request that
18 payments begin after building completion.
19
5
ProjectionsOrange County Property Tax Revenue
New Property Tax $5,086,350
Revenues Collected
Incentive Payments t 844 967
Annual Net Revenues $3,245,383
State of North Carolina R City of Mebane-Supplemental Recruitment Incentives:
The Company has also received financial inducement proposals from the State of North
Carciina and the City of Mebane,as follows:
State of North Carolina-Incentives
Discretiona Grant
N.C-Department of Commerce ONE NC FUND $500,000
Workforce bevel Gpment S upport
N.C.Community College S stem's Customized Training $225,OD0
Public Road Access Im rovenwrns to West Ten Road
N-C-Department of Trans ortation 1 000 000
Total Sf 72 004
City of Mebane-Incentives
Performance Based Incentive-5 years $653,O150
Waiver of Development Fees _ $150.000
Total $803.000
1
2
3 City of Mebane— Incentives, Annexation & Rezoning
4 • August 12, 2019 — Mebane Planning Board received the six () individual land owners'
5 petition to request annexation, and rezoning (to M-2, light manufacturing & distribution),
6 and voted unanimously to endorse and forward to the Mebane City Council.
7 • September 9, 2019 - Mebane City Council is scheduled to meet and hold public hearings
8 which are expected to authorize the City's approval of local incentives, and, annexation
9 and rezoning of the 6 adjacent parcels (totaling 172.79 acres) representing Medline's
10 preferred site, which is located north of West Ten Road in the County's designated
11 Buckhorn Economic Development District.
12
13 Benefits of Attracting Medline Industries to Orange County
14 • Initial creation of 105 professional & blue collar jobs in the first two (2) years, rising to
15 250 jobs by year#5, and eventually 500 - 600 jobs in 5— 10 years, paying at or above
16 $15 per hour average wage with full health care, retirement, educational and
17 performance bonus benefits.
18 • Well-established national health care firm committed to building a green, environmentally
19 conscious LEED certified facility, and precedent to fill the large rooftop with solar panels.
20 • Good potential to attract Medline's in-house light manufacturing subsidiaries of medical
21 products on both sides of the West Ten Road site. Company routinely refers to 2-3 likely
22 vendors that may follow and co-locate.
23 • Medline's $65.3 million investment would make the firm Orange County's largest
24 manufacturing property taxpayer.
25 • This distribution operation is a low water user and does not put heavy manufacturing
26 related challenges on the environment.
27 • The site connects to the County's Article 46-fund utility lines that were strategically
28 placed in the Buckhorn Economic Development District to attract non-residential new
29 business.
30 • Establishes another successful public/private partnership between Orange County and
31 the City of Mebane to grow the industrial tax base and new employment in a designated
32 "Rural Census Tract" area.
6
1 Offers direct synergy with the County's existing regional health care presence by UNC
2 Health Care, Duke Hospital, Veterans Administration Hospital, Wake Med & UNC Rex
3 Hospital spread among the Triangle area.
4
5 Other Local Governments, State of N.C. Agencies & Utility Partners
6 • N.C. Department of Transportation (NCDOT) (will make road improvements to West
7 Ten Road)
8 • N.C. Community Colleges System & Durham Tech/Hillsborough Campus (will fund
9 technical training of employees, and strengthen the health care focus of the Hillsborough
10 campus)
11 • N.C. Department of Commerce and the Economic Development Partnership of
12 North Carolina (will provide state incentives, and act a liaison on workforce
13 development and pre-screening of applicants by NC Works, NCDOT road
14 improvements, and community college technical training of Medline's new Orange
15 County employees.)
16 City of Mebane (site annexation and rezoning, incentives & water/sewer service)
17
18 FINANCIAL IMPACT: The attached "Performance Agreement" contract between Orange
19 County and Medline Industries, Inc. outlines a total financial impact of up to One Million Eight
20 Hundred Forty Thousand Nine Hundred Sixty Seven Dollars ($1,840,967.00), payable in five (5)
21 annual installments. This Inducement Agreement will be performance-based, measured
22 annually, and based on the Company's actual 5-year capital investment schedule that will
23 generate new property tax valuation of at least Fifty Five Million Dollars ($55,000,000) in Real
24 Property, and at least Ten Million Three Hundred Thousand Dollars ($10,300,000) in new
25 Personal Property, reaching a combined Sixty Five Million Three Hundred Thousand Dollars
26 ($65,300,000).
27
28 The Company will also create at least Two Hundred Fifty (250) full-time jobs, with full health
29 care and related employment benefits, and pay an average annual salary of$35,468 per year at
30 the facility during the first 5 years. Other economic benefit multipliers to the County include
31 enhanced job skills for those employees through advanced technical training to be provided by
32 the Orange County campus of Durham Technical Community College in Hillsborough. Also,
33 construction employment for the new distribution center will create many additional skilled trade
34 employment opportunities.
35
36 Annual incentive payments by the County will be paid from net new property tax revenues to be
37 generated by Medline Industries, Inc. and from available Article 46 funds, as required.
38
39 Steve Brantley made the following PowerPoint presentation:
40 Medline Industries, Inc.
41 "Protect Tomorrow"
42 Public Hearing for Incentive Proposal
43 Southern Human Services Center
44 September 10, 2019
45 Description of Medline's "Prolect Tomorrow"
46 Investment: $65.3 million (majority in first 2 years)
47 Employment: 250 new jobs in first 5 years
7
1 • $35,468 average annual salary, plus health care, retirement & educational
2 benefits
3 • 500 jobs in 8-9 years, up to 600 jobs after 10 years
4 Facility: Distribution center of 1.2 million sq. ft. to supply medical products to hospitals, EMS
5 agencies, home health care providers, surgical centers, and critical care clinics. Will be built to
6 LEED-certified standards to promote environmental efficiency, with extensive solar panel
7 placement on the building's rooftop; uses automated robotic inventory control technology
8
9 Commissioner Greene arrived at 7:06 p.m.
10
11 Outline of Orange County's Performance-Based Incentive
12 Medline's New Capital Investment By Year
Real $25,000,000 $30,000,000 $0 $0 $0 $55,000,000
Property
Personal $3,000,000 $7,000,000 $100,000 $100,000 $100,000 $10,300,000
Property
Total $28,000,000 $37,000,000 $100,000 $100,000 $100,000 $65,300,000
13
14 Medline's New Employment By Year
Full-Time 30 75 75 50 20 250
Jobs _F
15
16 $35,468 average annual salary, plus health care, retirement, educational & related
17 employment benefits
18 Anticipated to reach 500 jobs in 8-9 years
19 Potential to rise to 600 jobs after 10 years
20 S Description of Medline's "Project Tomorrow"
21
22 Site Location — Buckhorn Economic Development District
23 Location: West Ten Road site (6 tracts totaling 172.79 acres) located in the County's Buckhorn
24 Economic Development District, near interstate exit#157 at Buckhorn Road.
25 This acreage was originally zoned by the County into the Buckhorn EDD as non-residential on
26 3/1/94, and a 150" buffer was added around the nearest residential area on 8/20/96.
27 Medline has requested annexation & rezoning (to M-1 light industrial & distribution) by the City
28 of Mebane, with City Council review scheduled for September 9'h
29 Company History
30 • Began in Chicago in 1910 as Northwestern Garment Factory; was renamed Medline
31 • Industries in 1966 and now based in Northfield, IL
32 • Facility presence in 20 countries
33 o Serves customers in 90+ countries
8
1 • $12 billion in annual sales
2 • 24,000 employees worldwide (8,300 new jobs added since 2014)
3 • Largest privately held manufacturer and distributor of medical supplies in the United
4 States:
5 o 43 medical grade distribution centers totaling 20 million sq. ft.
6 o 30 manufacturing centers producing 80,000 medical products
7 o 50+ distribution centers worldwide, including North America, Europe, Asia and
8 Australia, with 550,000+ Medline-brand and national brand products
9 o 2+ month of Medline-brand product inventory is held for each customer to protect
10 against unplanned demand increases and natural disaster response
11 o Primary supplier to U.S. Dept. of Homeland Security
12 o Fleet of 750 company-owned delivery trucks
13 • Regionally, the company operates two distribution centers in Lincolnton, NC and
14 Richmond, VA.
15 • 40% of Medline's U.S. distribution centers are LEED certified or are pending certification,
16 representing over 8.3 million sq. ft. of distribution center space. All new Medline
17 buildings worldwide are constructed to meet "green" LEED standards to promote
18 environmental efficiency.
19
20 Summary of State & Local Financial Incentives
21 County's proposed incentive of$1,840,967 will be paid in 5 annual installments over 5
22 years of Medline's start-up operation.
23 Performance based, and will be measured annually against verification of Medline's
24 actual history to create 250 jobs and invest$65,300,000 in new property valuation over
25 each of the initial 5 years, as proposed.
26 Net property tax revenue collected is positive in all years, after paying the annual
27 incentive; ($1,151,003 net revenue in first 6 years; and, $3.2 million in first 10 years)
28
29 Commissioner McKee arrived at 7:15 p.m.
30
31 Net Property Tax Revenues Collected- chart
32 (Projections)
33
34 Commissioner Dorosin referred to the property tax incentive, and said it has been
35 reported in the media is that Orange County is paying $1.8 million. He asked if this is accurate.
36 Steve Brantley said that is not accurate.
37 Commissioner Dorosin said the County is not collecting that portion of the property taxes
38 during the incentive period.
39 Steve Brantley said that is correct.
40 John Roberts said the County collects all of the taxes from the company, and then
41 provides a percentage of it back to the company as the incentive.
42 Commissioner Greene referred to the last chart, and clarified that there are no payments
43 in 2020 until after building completion. She asked if the company owns the land already, or if it
44 will do so in 2020.
45 Steve Brantley said the company has an option on the property, and technically cannot
46 buy the property until it and the State of North Carolina have officially announced what there
47 decision would be, as to which state, and which county. He said the company would exercise
48 the option and purchase the land, at that point to actually own the property.
49 Commissioner Greene asked if this is expected to be in 2020.
50 Steve Brantley said it may be later this year, and construction would begin thereafter.
51 He said the company anticipates making the great majority of the total investment by the end of
9
1 2020, and wants the County to make the schedule from that year, for five years, to look at the
2 performance grant.
3 Dmitry Dukhan thanked the Board of County Commissioners (BOCC)for this opportunity
4 to be in Orange County and the City of Mebane. He said Medline is looking to close the land in
5 the next 60-90 days. He said it is Medline's goal to complete the purchase of the land in 2019,
6 commence construction in the first or second quarter of 2020, and complete by construction by
7 the first quarter of 2021. He said it will take 4-6 months to "energize" the property (set up
8 technology, hire people, etc.), and Medline expects to be fully operational by the end of the
9 second, or beginning of the third quarter of 2021.
10 Dmitry Dukhan said Medline Industries is a privately held company, based out of
11 Chicago, and is fourth generation privately owned, with no debt. He said this property is owned
12 free and clear with no debt. He said it is Medline's goal to operate with the long-term in mind,
13 by investing back into the community, the company, and the employees. He said Medline is a
14 top 100 medical company to work for in the country. He said Medline provides a full continuum
15 of care from hospital to hospice, with over 550,000 products and services within the hospital
16 systems, and plans to manufacture 60% of the products it sells.
17 Dmitry Dukhan said this 1.2 million square foot facility will take care of Medline's hospital
18 and medical needs in the state of North Carolina, South Carolina, parts of Virginia, parts of
19 Georgia, and serve as back up to Florida. He said the facility will be state of the art, LEED
20 certified, with up to 50% solar potential for its electric needs. He said Medline is committed to
21 hire 250 people in the first 5 years, but at full capacity, this facility will have over 700 jobs,
22 ranging from warehouse associates to team members to shipping operations, etc. He said
23 Medline delivers over 80% of its products itself, and 100% of its products are delivered the next
24 day. He said Medline is looking forward to be a proud member of this community.
25 Commissioner Price asked if the number of employees that will come from this
26 community is known.
27 Dmitry Dukhan said only 2% will come from the outside, and the rest will be local, about
28 240 local jobs.
29 Commissioner Dorosin asked if there will be any manufacturing at this site, or if it is just
30 distribution.
31 Dmitry Dukhan said there will be no manufacturing at this site, but there will be some
32 assembly. He said the site is purely distribution. He said there will be three different office
33 complexes inside the facility (about 60,000 square feet), a staging area, and all will be very
34 clean locations due to the products going straight to surgeries.
35 Commissioner Marcoplos said he appreciated that Medline uses LEED certified
36 construction.
37 Dmitry Dukhan said 100% of Medline's construction is LEED certified.
38 Chair Rich asked if a slide of the facility area could be put back up, and asked if Dmitry
39 Dukhan could review the ingress and egress of the trucks.
40 Dmitry Dukhan said, as a medical grade facility, Medline must have two ways out of the
41 site and location. He said there will be two exits that go both east and west, but 99% of the
42 time, trucks will be going west on West Ten Road to Buckhorn Road, and onto 1-40. He said the
43 company desires to avoid the school that is a mile down the road.
44 Commissioner Price asked if Medline works with high school students at all.
45 Dmitry Dukhan said not directly, but Medline works with the community colleges that in
46 turn partner with the high schools. He said the warehouse jobs are highly computerized and
47 take a full 4 months in which to be fully trained. He said 60-70% of promotions come from
48 within the work staff, and a college degree is not required to be promoted to a senior director at
49 the company.
50 Commissioner Price said it would be great for local youth to know the long-term
51 opportunities, to which they can aspire, within Medline.
10
1 Dmitry Dukhan said this truly will be the best supply chain in the United States, and they
2 carry a three month supply of inventory for hospitals, and could supply the entire state of North
3 Carolina if necessary.
4
5 A motion was made by Commissioner McKee, seconded by Commissioner Greene to
6 open the public hearing.
7
8 VOTE: UNANIMOUS
9
10 PUBLIC COMMENT
11 NONE
12
13 A motion was made by Commissioner Greene, seconded by Commissioner McKee to
14 close the public hearing.
15
16 VOTE: UNANIMOUS
17
18 Commissioner McKee said this is a game changer company for Orange County, and it
19 will hugely benefit the community.
20 Commissioner Dorosin referred to the incentives chart, and said there is no incentive in
21 2020, but asked if, whoever owns the property, will be paying taxes.
22 Dmitry Dukhan said that is correct, and the current tax that is being paid on the property
23 will continue to be paid, but not incremental to what the project generates, because no
24 additional value has been created yet.
25
26 A motion was made by Commissioner Price, seconded by Commissioner McKee to
27 approve the "performance-based" economic development incentive agreement between Orange
28 County and the Company, Medline Industries, Inc., subject to final review by the County
29 Attorney, and authorize the Chair to sign the agreement on behalf of the County.
30
31 VOTE: UNANIMOUS
32
33 2. Adjournment
34
35 A motion was made by Commissioner Price, seconded by Commissioner Greene to
36 adjourn the meeting at 7:32 p.m.
37
38 VOTE: UNANIMOUS
39
40 Penny Rich, Chair
41
42
43 Donna Baker
44 Clerk to the Board
1
1 Attachment 3
2
3 DRAFT
4 MINUTES
5 BOARD OF COUNTY COMMISSIONERS
6 WORK SESSION
7 September 10, 2019
8 8:00 p.m.
9
10
11 The Orange County Board of Commissioners met in special session on Tuesday, September 10,
12 2019 at 8:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
13
14 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta
15 Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
16 COUNTY COMMISSIONERS ABSENT: None
17 COUNTY ATTORNEYS PRESENT: John Roberts
18 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
19 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
20 appropriately below)
21
22 Chair Rich called the meeting to order at 7:39 p.m.
23 Chair Rich suggested moving up Item 2 before Item 1, and the Board agreed by
24 consensus.
25
26 1. Discussion of Board of Commissioners Draft Meeting Schedule for Calendar Year
27 2020
28
29 PURPOSE: To discuss the draft meeting schedule for the Board of County Commissioners for
30 calendar year 2020.
31
32 BACKGROUND: In accordance with 143.318.12 of the North Carolina General Statutes, a
33 schedule of regular meetings shall be filed with the Clerk to the Board of County Commissioners.
34 The schedule must show the date, time and place of each meeting. All meetings will begin at
35 7:00 p.m. unless otherwise noted.
36
37 During the budget process this past spring, Board members requested that the budget
38 amendment process be addressed, specifically to allow for public comments on any
39 amendments proposed after the Manager presented the Recommended Budget. Staff has
40 addressed this opportunity in the proposed meeting calendar for 2020 by scheduling the two
41 public hearings differently than in the past.
42
43 The first budget public hearing is proposed to occur on May 12, 2020 at the Whitted Center in
44 Hillsborough - after the Manager's Recommended Budget presentation on May 5th. The second
45 budget public hearing is proposed to occur at the Southern Human Services Center in Chapel
46 Hill three weeks later on June 4, 2020. As proposed, convening the second public hearing on
47 June 4th would occur after the Board has conducted three budget work sessions and Board
48 members have had the opportunity to propose potential amendments to the Recommended
49 Budget. The June 41h second public hearing would provide the opportunity for public comment on
50 any proposed amendments and any other parts of the budget in preparation for the Board's
2
1 fourth and final budget work session on June 9, 2019 when the Board would make decisions on
2 proposed amendments and the budget as a whole and also adopt its Resolution of Intent to
3 Adopt the Budget.
4
5 Discussion of the 2020 proposed calendar will provide the opportunity for the Board to review the
6 meeting schedule for the entire year as well as the proposed budget public hearing schedule and
7 any other related issues. It should also be noted that after the Manager presents the
8 Recommended Budget on May 5t", all proposed amendments from Board members and staff will
9 be compiled, posted and updated on a continual basis on the County's website. This effort will
10 inform the public on the proposed amendments and provide interested individuals and
11 organizations sufficient time to prepare for making comments at the public hearings and/or share
12 any comments with the Board via electronic or other means.
13
14 Commissioner Dorosin said he is concerned about the "bunching" up of meetings in the
15 spring, and suggested moving a meeting back to March. He said 6 meetings in a month seems
16 excessive. He said meeting in the fourth week of June is also an option, as the calendar looks
17 excessively cramped in May and exceptionally light in February and March. He said having
18 meetings so close together is overwhelming to the public.
19 Commissioner Price agreed with Commissioner Dorosin.
20 Commissioner Marcoplos said there is a pace and rhythm to the budget season, which is
21 driven by how the staff can work most efficiently through the various components of the budget.
22 He said this is the important part of the process.
23 David Hunt, Deputy Clerk, said the school meeting in April is a pre-budget related
24 meeting, and moving this earlier may not work well.
25 Commissioner Greene said though it is great to have the budget signed off on earlier in
26 June, she agreed with Commissioner Dorosin about spreading things out a bit more. She would
27 like the public to have more time to digest the budget, and bring forward its comments.
28 Bonnie Hammersley said staff will defer to the will of the Board, just as long as the budget
29 is adopted by the end of June.
30 Commissioner McKee said he has no problem with moving some of these meetings
31 around, but he has served on the Board when it held 60 meetings a year, which he did not find
32 oppressive. He said he would have a problem in reducing the number of meetings any further,
33 and there is only one week in April that has more than 2 meetings.
34 Commissioner Price asked if the April 23 work session could be moved to March.
35 Bonnie Hammersley said staff would work on the schedule.
36 Donna Baker said the calendar must be completed by the end of the year, but she prefers
37 to have it done no later than the second meeting in October.
38
39 2. Presentation Regarding the Potential Regulation of the Discharge of Firearms in
40 Areas of the County with High Residential Unit Density
41
42 John Roberts presented this item:
43
44 PURPOSE: To receive a presentation from the County Attorney and discuss options related to
45 the potential regulation of firearms discharge in limited urbanized areas of the County.
46
47 BACKGROUND: This issue was briefly discussed by the County's Firearms Safety Committee at
48 its meetings a few years ago. However, those discussions did not result in any substantive
49 recommendations on this specific issue to the Board of Commissioners in the Committee's final
50 recommendations. The Committee did recommend that the Orange County Code of
51 Ordinances be amended to: a) prohibit the discharge of firearms while an individual is impaired;
3
1 b) require discharged projectiles to remain on the property on which they were discharged; and
2 c) require individuals discharging firearms to maintain adequate backstops. These
3 recommendations were adopted by the Board of Commissioners.
4
5 The Board of Commissioners continues to receive complaints from residents related to the
6 discharge of firearms near populated areas and directed the County Attorney to examine this
7 issue and provide a presentation for Board discussion. North Carolina General Statute 153A-
8 129 specifically authorizes counties to regulate the discharge of firearms (Attachment B). Other
9 statutes limit the extent to which counties may regulate firearms in general and the discharge of
10 firearms, particularly with respect to the discharge of firearms on "sport shooting ranges."
11
12 In examining this issue, the County Attorney determined the only lawful means to regulate the
13 discharge of firearms in urbanized areas in a manner by which the regulation would apply to
14 discharge of firearms in general and on existing shooting ranges is to regulate the discharge of
15 firearms within specified distances of high density urbanized areas. To show where such
16 regulations could be implemented, Planning Department staff developed a county map showing
17 areas of the County with residential housing densities of 10 or more residential units per 10 acres
18 (Attachment A). This map in the packet is for illustrative purposes only and shows where an
19 ordinance of this type could be applicable. Although each grid square is not visible, each red grid
20 square represents a 10-acre tract within which there are at least 10 residential units. The
21 enclosed green areas on the map are areas in which there are clusters of at least four red grid
22 squares within approximately one mile of each other. Regulated areas could be established
23 through reference to existing roads in the area or GPS coordinates with enforcement focused on
24 discharges occurring within a designated distance from a residential unit located within one of
25 the regulated areas. As is apparent from the map, focusing only on dense areas would create
26 small islands of enforcement and, at least at the density selected for the example, would result in
27 enforcement areas only in the southern portion of the County.
28
29 Durham County previously implemented an ordinance similar to this in which the ordinance only
30 applied to the discharge of firearms within 600 feet of a residence within one of many high
31 density areas. Durham also had a permit process for shooting ranges that existed in the
32 regulated areas prior to the adoption of the ordinance (Attachment C). According to the Durham
33 County Attorney, enforcement proved exceptionally difficult, and in December 2018, Durham
34 County amended its ordinance to remove the references to high density areas and now restricts
35 firearms discharge throughout the county if it occurs within 900 feet of the property lines of
36 properties containing houses, schools, and churches (Attachment D).
37
38 The County Attorney consulted the Orange County Sheriff's Office on this issue and, as in prior
39 discussions of this topic, the Sheriff's Office indicates enforcement would be difficult due to the
40 nature of the regulated activities, that being generally short in duration and, unless visually
41 observed by a deputy, difficult to precisely locate.
42
43 Pursuant to North Carolina law, any regulation such as that discussed in this presentation would
44 not apply to the discharge of firearms for lawful hunting activities, when occurring in the defense
45 of person or property, or pursuant to the lawful directions of law enforcement officers.
46
47 John Roberts said this presentation is not a recommendation, but rather some ideas for
48 the Board to consider. He said a lot more work would need to be done, should the Board choose
49 to pursue an ordinance.
50 John Roberts said residents voiced great concern about constitutional rights being
51 infringed upon. He said that is not the case, and any of the rights in the Bill of Rights may be
4
1 regulated, as long as the regulation is very narrowly tailored to accomplish a specific purpose.
2 He said if regulation goes beyond a narrow focus, then it could become unconstitutional. He said
3 if the Board chooses to proceed, staff would work to make sure the focus is very narrow.
4 John Roberts said he talked with Durham, and it previously regulated firearms in a
5 manner similar to the ideas being presented tonight. He said Durham's original ordinance
6 focused on housing density in approved subdivisions, but it was repealed due to the difficulty of
7 enforcement. He said Durham changed to no shooting within 900 feet from government
8 buildings, private residences, churches, and schools. He said this may work in Durham County,
9 but he would suggest that it would not work for Orange County. He said Orange County still has
10 significant areas that are rural in nature, and 900 feet would eat into a lot of private property. He
11 said Durham is much more urbanized than Orange County, and it did not experience much
12 opposition to the ordinance change in its public hearings.
13 John Roberts said Durham required a permit in order to shoot within 900 feet of one of
14 these areas, and the permit process was convoluted, requiring a public hearing before the Board
15 of County Commissioners (BOCC) prior to issuing a permit. He said he expects the 900-foot rule
16 to be equally difficult to enforce.
17 John Roberts referred to a map on the screen, and in the Commissioners' packet, which
18 the County GIS staff prepared. He said the map divides Orange County's rural area into red grid
19 squares that are 10-acre parcels with at least ten houses in them. He said these parcels are
20 linked by the green lines within one mile of each other. He said ten acres with ten houses on it is
21 just an example, and is probably not equivalent to a suburban-type density. He said he
22 recommends that GIS or the Planning Department determine what constitutes suburban type
23 density, and figure out where those areas are in the County. He said this may be a higher
24 number, 20 houses per 10-acre grid square, and thus the regulated areas would be substantially
25 smaller.
26 Commissioner Dorosin asked if the red squares on this map would also include areas
27 that are denser than 10 houses on a 10-acre parcel.
28 John Roberts said each red grid square represents an area where there are at least ten
29 houses, and yes, it could be as many as 20 houses. He said this ordinance would also apply in
30 the extraterritorial jurisdiction (ETJ) areas.
31 Commissioner Price asked if the green lines could be explained.
32 John Roberts said these are just boundary lines of where the areas are, and it is not a
33 recommended line. He said if the Board wants to pursue this option, GIS or Planning will need to
34 determine the actual boundaries. He said this could be based on roads, property lines, GIS
35 coordinates, etc. He said these boundaries would need to be able to be located in order to
36 enforce the ordinance.
37 Commissioner Greene asked if the areas within the green lines would have the ordinance
38 enforced.
39 John Roberts said that would need to be determined. He said all of the clusters are
40 within a mile of each other, and the question remains whether the Board would want to include
41 all of the empty spaces. He said he would not think this would be necessary, and he would not
42 recommend the 900-foot limit set by Durham, as Orange County has existing restrictions based
43 on a 450-foot limit on hunting around schools or government buildings, etc.
44 Commissioner McKee said he would be interested in the red boxes having a name, so
45 the affected areas are more easily identifiable. He said there are definitely areas where firearm
46 use makes no sense, but there are other areas that are wide open and restriction seems
47 unnecessary.
48 Commissioner Marcoplos said he would also like to have the road names on the map.
49 Commissioner Marcoplos asked if the work on the ETJ areas remains to be done.
5
1 John Roberts said absolutely. He said the ETJs have density in some areas, and the
2 green lines may go away completely, and the ordinance could be based on subdivisions. He
3 said this is all up to the Board.
4 Commissioner Marcoplos said the Board should discuss if the ETJs should be a no-shot
5 zone by themselves, since these are areas where development is expected.
6 Commissioner Dorosin asked if an ordinance can be written that just applies to the ETJs.
7 John Roberts said he would research this.
8 Commissioner Marcoplos said seeing the density in the ETJs would be helpful.
9 John Roberts said if the Board decides to pursue this ordinance, then it will have better
10 data prior to making any decision. He said this information is just an idea to show what is
11 possible.
12 Commissioner McKee said he would also like to know if regulating in the ETJs would
13 require mutual agreement with any of the towns.
14 John Roberts said that is not necessary, and in the ETJs, the towns' land use ordinances
15 are controlling, but the County's police power ordinances are in effect.
16 Commissioner Greene said she would guess that there are many properties in the ETJs
17 that are on more than an acre of land, due to many not being connected to Orange Water and
18 Sewer Authority (OWASA). She said she would like a lot more information, and you're not going
19 to find many houses in this area that are '/2 acre without water and sewer.
20 Commissioner Dorosin asked if enforcement would be possible on this type of ordinance.
21 John Roberts said the deputies go out and talk to people to find out what is going on. He
22 said before any citation is written, the deputies will explain the ordinance to the resident, as well
23 as how to comply.
24 Commissioner Dorosin said this type of regulation, based on density, would have some
25 kind of prohibition within a zone, as opposed to it being too noisy, too late, etc. He said if one is
26 within the designated area, one cannot shoot; but if one is outside the designated area, one
27 would be not be affected by this ordinance, but rather by a noise ordinance, etc.
28 John Roberts said the ordinance would not apply outside of the established boundaries.
29 He said if the Board adopts something with this theme, and how to regulate this, the General
30 Assembly has defined a range as an area that is operated or maintained for target shooting. He
31 said if the Board chooses to proceed, he will recommend that the Board adopt a simple permit
32 process, where one can get a permit for a year to shoot, and will agree to only shoot between
33 stated hours on designated days. He said for existing ranges that may be impacted, he would
34 recommend some type of permitting process so that people are not deprived of something that
35 they have been lawfully doing.
36 Commissioner Price said it seems that Durham is focused on distance and safety, and
37 not noise. She asked if Orange County is more focused on safety or noise.
38 John Roberts said this would be written as a safety ordinance, and if the noise ordinance
39 is amended, it would apply countywide, and would be even more difficult to enforce. He said
40 shooting is going to occur, and hunting would not be impacted at all by this type of ordinance.
41 He said the 450-feet limit would not apply to lawful hunting, self-defense, or lawful instructions of
42 a law enforcement officer. He said state law prohibits the County from regulating these three
43 things.
44 Commissioner Price said she would also like a more detailed map, if this discussion in
45 going to continue.
46 John Roberts said the former Sheriff called him several years ago about an individual,
47 who had laid out bait below a tree and was shooting straight down from the tree above, on a 1/3-
48 acre lot. He said this was, and is still not, a violation of any law.
49 Commissioner Price asked if shooting ranges, commercial and semi-commercial, would
50 be regulated.
6
1 John Roberts said yes they would be, but he does not believe there are any commercial
2 ranges (outdoor) within any of the areas. He said if the Board elected to regulate by subdivision,
3 there would not be any within the area, but there may be a private sport range within 450-feet
4 outside the area/subdivision.
5 Commissioner Price asked if the County can regulate the types of firearms that are used.
6 John Roberts said he does not believe so, but he would research this.
7 Commissioner Greene asked if there is any legal impediment to regulating subdivisions
8 where houses are on a 10-acre property each.
9 John Roberts said regulating 10-acre lots would not be consistent with suburban type
10 density. He said for this ordinance to be lawful, there must be designated criteria to which the
11 County can refer as the reasoning behind the adoption of the ordinance. He said there would not
12 be a legal impediment, if this were the criterion that is adopted.
13 Commissioner Greene said there are homes that look like a subdivision, but the lots are
14 very large.
15 John Roberts said if the Board pursues the designated subdivision option, he would
16 recommend that there be a density requirement.
17 Commissioner Dorosin asked if there are reasons why these types of ordinances are so
18 hard to enforce.
19 Sheriff Blackwood said this whole topic needs to be carved into 4 sections: noise, safety,
20 hunting, and other regulated matters. He said the problem with noise is that it occurs, and then
21 it is over instantaneously. He said prolonged noise gives the Sheriff an idea of where he is
22 going. He said it is difficult to enforce, as deputies find themselves walking onto a property, with
23 no lawful authority, to ask a resident if he/she is conducting a lawful practice. He said if one is
24 conducting a lawful practice, the deputy is now on someone's land that is breaking no laws, and
25 has a weapon in their hands. He said if a situation escalates, there is a risk for great peril. He
26 said these types of exchanges are often very cordial, but it is risky to wander someone's property
27 looking for the source of noise. He said enforcing noise ordinances, with respect to a firearm, is
28 problematic for Sheriff Departments across the entire state.
29 Sheriff Blackwood said his department has taken measures to address safety, and he
30 feels this has been well handled in Orange County. He said there are no outdoor commercial
31 gun ranges in Orange County, and those ranges that do exist in the County have proven to be
32 very safe. He said, of course, that does not mean injury cannot occur. He said he talked with
33 the former Durham County Sheriff about this ordinance, and its efforts were to reduce the noise
34 created by ranges. He said problems arose when shooters lived within appropriate distance to
35 shoot lawfully, but neighbors across the street did not.
36 Sheriff Blackwood said he will not speak to this ordinance until it is written into law. He
37 said he will offer advice, but that is the limit to what he can offer. He said John Roberts has
38 worked tirelessly to make shooting safe in Orange County, but that does not affect the noise.
39 Sheriff Blackwood said it is also important to point out that ordinance is not about gun
40 violence, and will not remove guns from people.
41 John Roberts said what he has proposed tonight is only an example, and this would need
42 more work from GIS and Planning and the Sheriff's office. He said it is a waste of time for the
43 Board to adopt something that cannot be enforced. He said staff will need direction from the
44 Board.
45 Commissioner Dorosin referred to the sport shooting range, and asked if there is a clear
46 definition of what this is; is it a formal location or is it people shooting in their back yards.
47 John Roberts said there is no court interpretation of sport shooting range that he has
48 found, and it is defined as an area designed and operated for the use of rifles, shotguns, pistols,
49 silhouette skeet trap black power, or similar sport shooting. He said that does not include
50 someone putting a target on a tree and shooting at it. He said this would likely include some
51 type of safety barrier, shooting lanes, etc., but the definition is fairly broad.
7
1 Commissioner McKee said he and former Commissioner Jacobs sat on a Firearms Safety
2 Committee a few years back, which included people from both extremes of the gun debate. He
3 said this group worked for several months, and was able to make changes to safety. He said no
4 changes could be made to address noise. He said noise could not even be defined. He said he
5 shoots occasionally on his own property, and he is very concerned about shooting occurring in
6 densely populated areas, but he sees this example tonight as totally unenforceable. He said he
7 would like to see some regulations that are enforceable and reasonable, and nothing that he has
8 heard tonight or seen in the packet will address noise.
9 Chair Rich said she is hearing consensus on wanting the following:
10 • Definitions
11 • Suburban density
12 • ETJ follow up
13 • Safety vs. noise ordinance
14 • How to search for sound
15 • Overall enforceability
16 • Additional maps that include names of sub-divisions and road names
17 She asked if there was anything else.
18 Commissioner Dorosin said to pull up the County GIS during next discussion and zoom in
19 on any location. He said the only consensus he heard was around higher density subdivisions,
20 as well as looking at ETJs.
21 Chair Rich asked if there is a process for the Board to continue the conversation.
22 John Roberts said he has not heard any firm direction to bring this back for a vote, so it
23 would be a work session item. He said he does not know how long it would take GIS staff to
24 have to blow up maps of all of these subdivisions. He said this would be a lot of maps.
25 Commissioner Marcoplos said, in the interest of time, perhaps the Board could look at 3
26 or 4 prominent, dense areas, and discuss in principle what is learned.
27 John Roberts said it would be a good idea for Planning to define suburban density, and
28 then pull up some subdivisions that meet the criteria.
29 Commissioner Price said some newer subdivisions are well defined, while other older
30 subdivisions are not. She would like to include some of these older subdivisions in the samples
31 for discussion.
32 Commissioner Bedford asked if the state statute says that any existing ranges
33 (regardless of any changes that are made) are exempt. She said any changes would be
34 prospective, unless there is a major change in the activities of the range.
35 John Roberts said that is exactly what is says for noise and nuisance ordinances. He
36 said a public safety ordinance would not fit within a noise or nuisance ordinance.
37 Commissioner Marcoplos said he is not comfortable with the subdivision density idea,
38 without knowing what it is. He said one house per acre is dense enough to be considered for
39 this issue, but he agrees with 10 houses or greater.
40 John Roberts said he will speak with staff, and will leave 10 or greater in place, as well as
41 other options for suburban density definitions.
42 Commissioner Price clarified that state law protects the sports shooting range.
43 John Roberts said yes, from noise and nuisance regulation. He said a noise ordinance
44 can be enforced going forward from the date of the ordinance being adopted, and would not
45 impact existing shooting ranges.
46 Commissioner Price clarified that noise is not being considered here.
47 John Roberts said no, because it is has been discussed many times, but never pursued.
48 Commissioner Bedford asked if the new Board members could see a copy of the gun
49 safety committee report.
8
1 Commissioner McKee said there are 20-25 members of the public in attendance tonight,
2 and last Tuesday he asked to set some time aside, at the end of this work session, to allow for
3 public comment, despite public comment not typically being allowed at a work session. He said
4 he made a motion to this effect, which failed.
5 Commissioner McKee respectfully asked if the Board would set aside the policy, and
6 allow the public to speak at this work session. He said there may be some excellent ideas
7 contained in the public comments.
8 Commissioner Marcoplos said the Board should not make rules on the fly, and he does
9 not support this. He said the Board will conclude this issue at some point, and the public will
10 have ample time to speak on something specific.
11 Commissioner Greene agreed with Commissioner Marcoplos, as long as there is ample
12 opportunity for the public to speak on any proposals prior to the Board taking any votes. She
13 said she recommends have two public hearings.
14 Commissioner Marcoplos said there should be a wider discussion on public comment,
15 and the Board should not change the rules in mid-stream.
16 Commissioner Dorosin said he would not support having public comment at this time, as
17 people emailed about this meeting and were told there would not be public comment.
18 Commissioner Greene said she disagrees with Commissioner Marcoplos, and sometimes
19 there are topics that warrant greater public discourse than others. She said the Board is made
20 up of sensible people, and can be responsive to the community.
21 Commissioner Price agreed with Commissioner Greene, and said the Board can change
22 when it needs to change. She said she is open to speaking with the public individually, and
23 welcomes emails.
24 Chair Rich said it sounds like the topic of public comment should be a topic for an
25 upcoming work session.
26 Chair Rich said she does not think the lack of public comment at a work session is equal
27 to the Board silencing the public. She said it is just a policy, which can be reviewed and
28 changed, if necessary.
29 Commissioner Dorosin said he would like to have a broader conversation about whether
30 the towns have any future annexation or growth plans. He said some of these high-density
31 places are right on the borders of existing limits. He said some of these fringe areas will
32 experience suburban ization, and general regulations will need to be considered.
33 Commissioner McKee said he has chastised Commissioner Dorosin for making changes
34 on the fly in the past, which he does not regret. He said every meeting belongs to the BOCC and
35 it is able to make any changes it so chooses. He said he sees the rest of the Board does not
36 agree with him about allowing public comment at this time.
37 Chair Rich said it sounds like staff will have a lot of work to do prior to being able to have
38 another work session on this topic.
39 John Roberts said at least a month.
40 Chair Rich said probably 2-3 months, given that work session agendas are set in
41 advance.
42 Commissioner Greene said she thought the permit idea is a good one.
43
44 3. Adjournment
45
46 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
47 adjourn the meeting at 8:57 p.m.
48
49 VOTE: UNANIMOUS
50
51 Penny Rich, Chair
9
1
2 Donna Baker
3 Clerk to the Board
1
1 Attachment 4
2
3 DRAFT
4 MINUTES
5 BOARD OF COUNTY COMMISSIONERS
6 REGULAR MEETING
7 September 17, 2019
8 7:00 p.m.
9
10 The Orange County Board of Commissioners met in regular session on Tuesday, September
11 17, 2019 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta
14 Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
15 COUNTY COMMISSIONERS ABSENT: None
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
18 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
19 appropriately below)
20
21 Chair Rich called the meeting to order at 7:01 p.m.
22
23 1. Additions or Changes to the Agenda
24
25 PUBLIC CHARGE
26 Chair Rich acknowledged the public charge.
27
28 Arts Moment
29 Emily Cataneo introduced herself:
30 Emily Cataneo is a graduate of North Carolina State University's creative writing MFA. Her short
31 fiction has appeared in magazines such as Nightmare, Lightspeed, cream city review,
32 Smokelong Quarterly, and Beneath Ceaseless Skies, and was long listed for Best Science
33 Fiction and Fantasy 2016 and mentioned in Best Science Fiction and Fantasy 2018. She is a
34 journalist whose nonfiction has appeared in venues such as Slate, NPR, and the Boston Globe.
35 Currently, she is the co-founder of the Redbud Writing Project, the Triangle's only adult
36 education creative writing school, which offers six-week courses in memoir, fiction, and novel.
37 Emily Cataneo read the opening of"The Birch Circle," which takes place in Stalinist
38 Russia.
39
40 2. Public Comments
41
42 a. Matters not on the Printed Agenda
43 Don O'Leary said he does not come to Board meetings unless the Board does
44 something that he considers unconstitutional or stupid, and what the Board is considering with
45 the safety ordinance and guns is stupid. He said he does not believe any of this is about noise
46 or safety, but it is about a mindset, and he finds the Stalinist opening to the meeting apropos.
47 He said the Board is trying to take away their rights, and undermine the constitution.
48 Neal Galloway submitted a written petition requesting that all Board of County
49 Commissioner (BOCC) meetings allow for public comment, in order to allow timely and open
50 dialogue between the public and its elected officials. He said denying public comment at a work
2
1 session could be interpreted as a refusal to consider opposing views, or an intent to forge an
2 ordinance, which limits the rights of some citizens, under the guise of public safety. He said
3 personal convenience of the BOCC should not be the primary concern regarding meetings.
4 Chair Rich said the Board will bring this issue for discussion at a work session soon.
5 Riley Ruske said he submitted a petition about the Pledge of Allegiance being recited at
6 Board meetings at the September 3 meeting, and a follow up BOCC actions list states that it will
7 take 2 months to write a letter back to him. He said a second, more complex petition was listed
8 as "done," indicating a lack of consistency in responding to citizen petitions. He made another
9 petition for the BOCC to:
10 1. create a written process, or procedure, for handling citizen petitions, which includes
11 timelines for completion of actions by the BOCC.
12 2. direct Orange County management to permanently post this procedure on the Orange
13 County website homepage, with a sincere invitation to the citizens of Orange County to
14 avail themselves of the petition process for better communication to the Board.
15 3. direct Orange County management to establish and maintain a database of petitions
16 submitted to, and actions taken by the Board, and provide a link to that database in the
17 above posted procedure.
18 4. To complete all these actions by November 1, 2019.
19
20 Riley Ruske said taking these actions would provide for more open communication
21 between citizens and the Board, and hopefully reduce distrust that citizens have for the Board.
22 He said if the Board chooses to deny this petition, it should provide a written and verbal
23 statement as to why. He said today is Constitution Day, recognizing 232 years since the
24 Constitution was ratified.
25
26 b. Matters on the Printed Agenda
27 (These matters will be considered when the Board addresses that item on the agenda
28 below.)
29
30 3. Announcements, Petitions and Comments by Board Members
31 Commissioner McKee referred to the meeting follow-up actions, and the petition
32 regarding the pledge of allegiance, which noted a letter will be drafted for an information item.
33 He said he hopes a copy of this letter will be sent to the petitioner.
34 Commissioner Bedford said, this afternoon, at least three Board members watched a
35 webinar from the North Carolina Department of Health and Human Services (DHHS) about the
36 opioid crisis. She said the state website contains a lot of information.
37 Commissioner Price said she has been in touch with Ralph Gabellieri and his wife Elaine
38 Malek-Madani, who are interested in naming a body of water near their home to Glass House
39 Creek. She said, in order to do so, they need a letter of recommendation from a governing
40 board. She provided the necessary information, and asked if it would be considered at agenda
41 review. She said the couple is working on all the necessary criteria, and there is no apparent
42 conflict.
43 Commissioner Price said she went to the Family Success Alliance (FSA) celebration on
44 Sunday, which was wonderful.
45 Commissioner Price said she attended the ABC Board meeting, and reported that the
46 new store in Hillsborough is moving along on time.
47 Commissioner Price said there will be a Climate Strike event on September 20t" at
48 Peace and Justice Plaza, and she hoped that any students wanting to attend would be allowed
49 to do so by their administrators. She said this is a teachable moment for the students.
50 Commissioner Greene said as the Board representative to the Partnership for
51 Homelessness, she and others will be visiting Dr. Allison DeMarco's social work class to
3
1 discuss racial equity. She said they have been asked to bring a proposed problem, on which
2 the students can work. She said she will present the housing + transportation index, and how
3 the students would address this need, especially given the County's rural areas.
4 Commissioner Marcoplos had no comments.
5 Commissioner Dorosin reported that he attended the Fire Chief's Council meeting in
6 July, and the Board is meeting with them in October. He said there is a need for additional
7 funding for the training facility, around $60,000. He said he would like to flag this item, and
8 consider if the County can provide the funds to complete this project.
9 Chair Rich said at the last meeting she informed the Board of a letter from Governor
10 Cooper about the budget, and has now also received a letter from Senator Berger stating that
11 the Governor's letter did not contain all the facts. She said this is all a moot point given that the
12 General Assembly voted the budget on September 11.
13 Chair Rich referred to the Climate Walk, and said that all involved are being asked to
14 take public transportation.
15 Chair Rich said she and Commissioner Marcoplos did a field trip to West Virginia to
16 research the process of taking trash and turning it into fuel. She said members of the Solid
17 Waste staff also attended, and this was very interesting. She said it is not a question of if this
18 will happen, but when, as recycling cannot continue as it has been. She said a neighboring
19 cement plant used the fuel to operate its plant (80% waste fuel, and 20% coal). She said it is
20 hoped that UNC will get on board in the future, and the County will need to start thinking in
21 bigger ways, sooner rather than later. She said there would need to be a regional plant,
22 involving several neighboring counties.
23 Commissioner Marcoplos said the neighboring cement plant used the fuel, and this is
24 quite successful. He said this is a real option for local cement plants.
25 Chair Rich said renewable energy must be used moving forward, and the County must
26 start having hard conversations to address this issue. She said it will cost money to fight the
27 climate crisis.
28 Commissioner Greene said asked if there is anything that enters the air as a result of
29 burning the trash.
30 Chair Rich said the gas is clean, as everything that is not clean burning is removed. She
31 said some goes to the landfill and some goes to recycling.
32 Commissioner Marcoplos said it is cleaner, and nothing is completely clean. He said
33 there is an environmental impact of using the landfill, and all variables need to be weighed out.
34 Commissioner Dorosin asked if any Board members attended the Chapel Hill Carrboro
35 City Schools (CHCCS) press conference about new software being unveiled to make schools
36 safer. He said there is concern among parents about this software, and the collection of data
37 on the students. He said it would be good to bring this issue up at the next school collaboration
38 meeting.
39 Chair Rich said she would take that as a petition.
40
41 4. Proclamations/ Resolutions/ Special Presentations
42 NONE
43
44 5. Public Hearings
45
46 a. Public Hearing on Refinancing Existing Bond Obligations
47 The Board conducted a public hearing on the issuance of up to $24 million to refinance
48 existing debt to achieve debt service savings; and consider voting to approve a related
49 resolution supporting the County's application to the Local Government Commission (LGC) for
50 approval of the refinancing plan.
51 Gary Donaldson, Chief Financial Officer, presented the information below:
4
1
2 BACKGROUND: The County and its financing team estimates that the total amount to be
3 refinanced is an amount Not-to-Exceed $24 million in Limited Obligation Bonds. Although the
4 Refinancing Summary (Attachment 3) currently identifies a principal amount to be refinanced of
5 $16.6 million, the actual amount to be refinanced is contingent on prevailing market conditions
6 at the time of market pricing. The Not to Exceed amount provides sufficient pricing
7 considerations and flexibility for the financing team as it works to secure the lowest interest
8 costs and maximize debt service savings.
9
10 If the Board adopts the resolution indicating its intent to continue with the refinancing plan, the
11 Board will be asked to consider a resolution giving final approval to the refinancing plans at the
12 October 1, 2019 BOCC meeting. A copy of the published notice of this hearing is provided as
13 Attachment 1.
14
15 North Carolina General Statutes require that the County conduct a public hearing on the
16 proposed financing. After conducting the public hearing and receiving public input, the Board
17 will consider the adoption of the resolution (Attachment 2). This resolution formally requests the
18 required approval from the North Carolina Local Government Commission (LGC) for the
19 County's refinancing.
20
21 The refinancing of existing installment bond obligations is designed to provide savings to the
22 County without extending the terms of the existing loans (Attachment 3). The proposed
23 financing would be secured by a lien on some or all of the property purchased or improved
24 through the loans that are being refinanced, as well as the County's promise to repay the
25 financing.
Five Refunding Bond Opportunities Original Current Market
Interest Rates Interest Rates
2010 General Obligation Bonds 3.49% 1.91%
2012 Installment Financing 2.45% 1.65%
2013 Installment Financing 2.13% 1.34%
2016 Installment Financinq Draw 2 2.55% 1.44%
26 2016 Installment Financing Draw 1 2.30% 1 1.59%
27
28 Gary Donaldson, Chief Financial Officer, made the following presentation:
29
30
31 FY 2019-20 Refinancing
32 Various Bond Obligations
33 Gary Donaldson, Chief Financial Officer
34 September 17, 2019
35
36 Public Hearing Purpose
37
38 ➢ Board Approval for FY 2019-20 Installment Purchase Financing as authorized under
39 Section 160A-20 of North Carolina General Statutes
40 ➢ Not to exceed $24,000,000 in Bonds to refinance existing debt and achieve estimated
41 County savings of$649,464 through final maturity
42 ➢ Approve Resolution supporting Limited Obligation Bond application to the Local
43 Government Commission
44
45 Refinancing Terms
5
1 ➢ Security Pledge- Annual Appropriations and County collateral of Southern Campus,
2 Seymour Center and Northern Campus Site added to Master Deed of Trust
3 ➢ No extension of Loan Maturities; Final Maturity June 1, 2030
4 ➢ Net Present Value Savings- 3.9% which exceeds the County's 3% Policy
5 ➢ Source of Repayment- Property Taxes
6 ➢ Subordinate Lien to General Obligation Bonds
7 ➢ Current and Projected Ratings- Aa1/AA+/AA+ from Moody's, Standard & Poor's and
8 Fitch Ratings
9 ➢ LGC Approval required
10
11 Interest Rate Savings (table)
12
13 Five Refundinq Bond Opportunities (table)
14
15 Financing Calendar
16
17 Commissioner Bedford referred to the debit to the liability for the interest payable, and
18 asked if this saved money goes to a particular place in the budget.
19 Gary Donaldson said this money goes to the General Fund.
20
21 A motion was made by Commissioner McKee, seconded by Commissioner McKee to
22 open the public hearing.
23
24 VOTE: UNANIMOUS
25
26 Public Comments:
27 NONE
28
29 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to
30 close the Public Hearing.
31
32 VOTE: UNANIMOUS
33
34 Resolution supporting an application to the Local Government Commission for its
35 approval of a County financing agreement for the refinancing of existing loans
36
37 WHEREAS—
38
39 The County has determined that it can save money by refinancing some of its existing
40 installment contracts, general obligation bonds and other loans. The refinancings will save the
41 County money without extending the terms of the existing loans.
42
43 The County desires to carry out this refinancing using a single new installment financing
44 contract, as authorized under Section 160A-20 of the North Carolina General Statutes. The
45 County expects the refinancings will be combined into a single County financing contract with
46 another County financing for new public assets and improvements.
47
48 Under the guidelines of the North Carolina Local Government Commission, this
49 governing body must make certain findings of fact to support the County's application for the
50 LGC's approval of the County's financing arrangements.
51
6
1 THEREFORE, BE IT RESOLVED by the Board of Commissioners of Orange County, North
2 Carolina, that the County makes a preliminary determination to finance approximately
3 $24,000,000 to refinance existing obligations. The County requests that the LGC approve the
4 County's application for this new financing.
5
6 The Board will determine the final amount to be financed by a later resolution. The final
7 amount financed may be slightly lower or slightly higher than $24,000,000. Some of the
8 financing proceeds may be used to pay financing expenses or to provide any required reserves.
9
10 The Board will also determine the collateral for the financing by a subsequent resolution.
11 The County expects that the collateral for the financing will include property in the County's
12 planned "northern campus" off Highway 70 just north of Hillsborough (including the site of the
13 planned new jail) and portions of the County's "southern campus" off Homestead Road in
14 Chapel Hill, along with other properties that have been previously pledged to other related
15 County financings.
16
17 BE IT FURTHER RESOLVED that the Board of Commissioners makes the following
18 findings of fact in accordance with LGC guidelines:
19
20 (1) The proposed refinancing is appropriate for the County under all the circumstances.
21 (2) The proposed installment financing is preferable to a bond issue for the same
22 purposes. Some of the obligations to be refinanced are also installment financings,
23 so it makes sense to use the same vehicle for the refinancing. As the County is
24 already planning a substantial installment financing for new public assets and
25 improvements, combining the refinancings into the same overall financing package
26 will be convenient and cost-effective.
27 (3) The estimated sums to fall due under the proposed financing contract are adequate
28 and not excessive for the proposed purpose. The refinancings will save money
29 without extending any loan terms.
30 (4) As confirmed by the County's Finance Officer, (a) the County's debt management
31 procedures and policies are sound and in compliance with law, and (b) the County is
32 not in default under any of its debt service obligations.
33 (5) The County expects that there will be no actual increase in taxes necessary to meet
34 debt obligations under the proposed financing arrangements because of the overall
35 debt service savings.
36 (6) The County Attorney is of the opinion that the proposed projects are authorized by
37 law and are purposes for which public funds of the County may be expended
38 pursuant to the Constitution and laws of North Carolina.
39
40 BE IT FURTHER RESOLVED that the Board authorizes all County officers and
41 employees to take all appropriate steps to complete the proposed refinancing, including
42 completing an application to the LGC for its required approval, that the Board ratifies all prior
43 actions taken toward accomplishing these purposes, and that this resolution takes effect
44 immediately.
45
46 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to
47 adopt the resolution supporting the application to the Local Government Commission for
48 approval of the refinancing.
49
50 VOTE: UNANIMOUS
51
7
1 Commissioner Price thanked Gary Donaldson and his team.
2
3 6. Regular Agenda
4
5 a. Refund Request from John C. and Judith K. Guibert, Lake Orange Property
6 The Board received additional information regarding a refund request made by John C.
7 and Judith K. Guibert at the June 4, 2019 BOCC Meeting; and take action on the Guibert refund
8 request.
9 Nancy Freeman, Tax Administrator, Dawn Perry, Land Records/GIS Deputy Director and
10 Michael Burton- Land Records/GIS Director made the following presentation:
11
12 BACKGROUND: At the June 4, 2019 Board of County Commissioners meeting, John C. and
13 Judith K. Guibert submitted a refund request for property at Lake Orange for taxes overpaid
14 from 2014 through 2018. A copy of the request is attached. The Guiberts state that double
15 taxation of the 615' to 620' elevation line has occurred and that he has been taxed for property
16 he does not own based on an incorrect survey/plat from the 1970's.
17
18 Following discussion on the Guibert refund request, the Board requested more comprehensive
19 information regarding Lake Orange parcels to make a more informed decision following the
20 summer break. A PowerPoint presentation is attached detailing this additional information.
21
22 Key Points
23 Mr. Guibert recorded a new survey in February 2019, and the change in size of the property
24 and a reduction in value will be effective for the 2019 tax bill and future years. In accordance
25 with state law, the change should not become effective until 2020, but the decision was
26 made in March 2019 by the Tax Office to change the 2019 value in this particular case.
27
28 Pursuant to North Carolina State law, the 2019 survey is not sufficient information to support
29 the Guibert request for a refund for tax years 2014 through 2018. Based on that new
30 survey/plat, the County cannot determine if double taxation occurred during the years 2014
31 through 2018. Rather, it seems that the prior years' taxation is in adherence to the law, in
32 accordance with the plat/survey recorded in the 1970's.
33
34 Property ownership in North Carolina is deed document based, and taxing jurisdictions do
35 not have the authority to change the property lines or the size of a property without a legal
36 document being recorded that indicates the change in acreage or property lines. Tax
37 records are based on the recorded document, and cannot be changed without a new
38 recorded document.
39
40 Pursuant to NC Statute 105-381, a refund may be made for the prior five years if it is based
41 on a clerical error made by the County, or due to an illegal tax. Because the issue in this
42 situation is created by the surveys and deeds that do not clearly define ownership, it is not a
43 clerical error on the part of the County. In addition, because the ownership is not clearly
44 defined, the County cannot determine if this is an issue of double taxation (which would be
45 an illegal tax).
46
47 Overlappage Issue — Both the Guibert prior survey and the surveys of Lake Orange Inc.
48 make claim to the same area of property (the area between the 615' and the 620' contour
49 lines). This is creates an overlappage issue. As in every overlappage situation, the issue
50 must be resolved between the owners involved, in this case the Guiberts and Lake Orange,
51 Inc. The issue may be settled between the parties through a newly recorded survey, deed,
8
1 or a judgement from a court. Mr. Guibert has recorded a new survey, and the issue has
2 been settled for future tax years.
3
4 Other landowners at Lake Orange in this same situation should use the same method to
5 solve their overlappage issue by obtaining a new survey. After a new survey has been
6 recorded for the properties, then adjustments to size and property lines will be made by
7 Orange County Tax staff in accordance with the updated survey, and any resulting reduction
8 in value will be effective for January 1 of the year following the recording of the survey.
9
10 In order to be equitable, the County must require that all Lake Orange land owners are
11 treated the same, and follow the statutes regarding land ownership as all other Orange
12 County property owners. Standard procedure by Tax Office staff when contacted for
13 assistance is to advise the taxpayer to seek legal guidance and ultimately to record a new
14 survey. It is expressed that the County must tax property owners according to recorded
15 documents, and is not able to change what a property owner's tax is based on without a
16 new survey.
17
18 It is important to recognize that approximately half of the current Lake Orange Land owners
19 have already taken the appropriate steps to establish the correct ownership of the Lake
20 Orange property.
21
22 It is significant to realize that overlappage issues are not restricted to just the Lake Orange
23 area. Other landowners in the County have had situations that required a new deed or
24 survey to establish ownership and update tax records. During the June 4th Board meeting,
25 County Attorney John Roberts pointed out that if the issue with the Guibert property is one
26 of double taxation, then the Guiberts should be eligible for a refund. If the issue were not
27 determined as double taxation, the Board would be at risk of personal liability to anyone in
28 the County who challenged it.
29
Lake Orange Issues
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6
7 Commissioner Dorosin referred to the maps on the first slides, and asked if the blue and
8 the red and green lines were recorded.
9 Dawn Perry said yes, in 1967 when the deeds were recorded.
10 Commissioner Marcoplos asked if the other landowners were not as concerned, and if
11 these landowners knew that Lake Orange was also claiming rights to the property.
12 Nancy Freeman said she does not know.
13 Dawn Perry said the County would have had the opportunity to tell the landowner this
14 information, because the County is not involved in the sale process. She said an attorney, who
15 had researched the property, should have cleared this up at closings.
16 Nancy Freeman said the County puts disclaimers on all of their public maps, and this
17 would be easy to research. She said it is clear on all maps that 615-620 is owned by Lake
18 Orange, Inc.
12
1 Commissioner Marcoplos said it seems odd that some residents picked up it, while
2 others did not.
3 Nancy Freeman said it may depend on the person, the level of research conducted, the
4 attorney that was chosen, etc.
5 Commissioner Dorosin said it could also depend on how a parcel is shaped.
6
7 PUBLIC COMMENT:
8 John Guibert said this is a very complex subject. He said he would like to address the
9 question of why other landowners were not concerned or aware of the issue. He said the owner
10 of the Arrowhead land (the Nichols family) was also the President of Lake Orange, Inc. at the
11 time that all of these deals were made; when the land was transferred from the five owners to
12 Lake Orange, Inc., which was land from 620 down. He said this was also the time when the
13 transfer of 615 and down was made. He said ownership was well known, and the County
14 required that the land between 615 and 620 be owned by Lake Orange, Inc. He said the
15 County was to be informed of, and given the right of first refusal on this land, in the case that
16 there was a transfer of the land to another owner. He said the County wanted to protect 615 to
17 620, which was the maximum flood stage. He said it is unequivocal that this land is owned by
18 Lake Orange, Inc., and the owner of the Arrowhead subdivision knew full well. He said the very
19 first deed for each of the 15 lots accounts for an exception of the land between 615-620, which
20 did not convey as part of the sale. He said the Nichols family knew they had made a mistake,
21 and did not solve it by a survey, but rather by noting the exemption of the land on the deeds.
22 He said there was a new survey of sorts in the 1980s, which was an attempt to show where the
23 lines lay on the 615-620 contour, but staff rejected these surveys for every lot. He said this all
24 shows that both Lake Orange, Inc., and the owner of the subdivision knew exactly who owned
25 the land. He said it also very clear that the County was informed.
26 John Guibert said two newer subdivisions were built in the 1990s, and this issue was
27 clearly handled, and the land delineated, so as to avoid these same problems. He said in order
28 to know what amount of back taxes one should claim, one must know the amount of land in
29 question, and the percentage of one's taxes it constitutes. He said he did a survey of his land,
30 to determine how much of his land between 615 and 620 belongs to Lake Orange, Inc., and on
31 which he had paid taxes. He said this survey showed he paid taxes on land that belonged to
32 somebody else, and the County was aware due to the 1986 plats that were attached. He said
33 there has never been any sale of the 615-620 land, and if there were, the County would have to
34 first be advised and given the right of first refusal. He said ownership is clear in his mind, as is
35 the question of double taxation. He said he has paperwork back to 2003 showing that he has
36 paid taxes on the 0.37 acres of land owned by Lake Orange, Inc. He said the County has
37 changed his taxable land to 1.53 acres, but he, and all previous owners, have been taxed for
38 the land all the way to the water line. He said 2 parties were paying taxes on the same piece of
39 land, which is a clear case of double taxation. He said staff can explain the basis on which the
40 County has been taxing Lake Orange, Inc.
41 Commissioner Dorosin referred to a picture on page 13 of the PowerPoint, and asked if
42 the property with the blue arrow belonged to John Guilbert.
43 John Guibert said yes.
44 Commissioner Dorosin asked if the dock belonged to him, and if he built it.
45 John Guibert said the dock was pre-existing, and is accessed through a recorded
46 easement.
47 Commissioner Dorosin asked if the Board has a copy of this easement.
48 John Guibert said there is an easement for every lot in the subdivision. He said the
49 easement was granted to each of the families that donated land from 620 out, after they
50 donated the land from 620 in and below. He said this happened in 1972, and is documented.
13
1 John Roberts said there is a recorded easement on the plat, which provides access
2 across the land that is subject to this issue.
3 John Guibert said there is ingress and egress easement, but one must pay recreational
4 fees to Lake Orange, Inc. (including a dock, pier, boat, etc.)
5 Commissioner McKee referred to page 22 of the abstract, and asked if the value of
6 $512,000 is solely for the acreage, or for the acreage and improvements.
7 Nancy Freeman said that would include the land and his improvements.
8 Commissioner McKee asked if the land in question (0.39 acres) would give the financial
9 impact that is shown.
10 Nancy Freeman said the adjusted value would show the difference between the
11 $512,000 and the $482,000, which would give the value of the 0.39 acres.
12 Commissioner Bedford referred to page 22, and said the value is $1,622.43, but page 16
13 says $1,658.15, and she asked if she should consider one of these numbers over the other.
14 Nancy Freeman said page 16 is the information John Guibert provided, and page 22 is
15 from staff.
16 Chair Rich said the Board will go with what is on page 22.
17 Commissioner Marcoplos said it looks like Lake Orange and the Guiberts were both
18 paying taxes on this land, and asked if this is correct.
19 Nancy Freeman said yes.
20 Commissioner Marcoplos said he is curious about the state law, as it seems to be a
21 major part of this story.
22 John Roberts said he does not think he can explain this. He said if it is proved to be a
23 double taxation issue, it can be corrected, which has been done. He said the Guiberts provided
24 a new survey, which shows the difference in ownership, and going forward the County can
25 correct this. He said prior to the date on which the survey was recorded, the surveys and
26 evidence is conflicting, and the tax department does not have clear evidence to say who paid
27 what, and how much.
28 Commissioner Marcoplos asked if a clear deed was needed.
29 John Roberts said all of these plats that were recorded in error, and closing attorneys
30 and real estate agents were not doing their jobs in pointing these issues out. He said this
31 allowed for confusion, and he does know of any way to record something that is retroactive.
32 Commissioner Marcoplos said in the end the County received double taxes for this land.
33 Nancy Freeman said the County taxed based on the deeds that were recorded, and
34 once the deed was changed the County was able to change that which is taxed, and will
35 continue to do so moving forward. She said as the line had not been previously defined, there
36 was no way for the County to know what was being taxed and what was not, or by whom.
37 Commissioner Marcoplos said the County may not have known, but the overlappage
38 meant that the money was coming in from both parties for that piece of land.
39 Michael Burton said yes, there was an overlappage.
40 Commissioner Dorosin said the real issue is that the County has collected twice on the
41 same piece of property, at no fault of the County, but due to conflicting claims. He said the first
42 recorded plat show that Lake Orange owned the land, and as this was first, it should be the
43 defining thing. He said Lake Orange believed it owned the land, paid taxes on the land, and
44 has not contested the new plat that has been filed. He said there is a legal concept called
45 "unjust enrichment," where one receives a benefit that was undeserved. He said one could take
46 a narrow view of the phrase double taxation to mean one taxpayer got charged twice for the
47 same thing, or one could take a broader view, which would say that the same parcel of land got
48 charged twice. He said this case does not seem to involve a dispute between the parties over
49 land ownership, and the appropriate thing to do would be to refund the taxes, as the property
50 was double taxed. He said it would be a different case if no one had paid the taxes.
14
1 Commissioner Greene agreed that there appears to be unjust enrichment, and since the
2 County is the other party, it can reimburse the taxes. She asked if the County were to do so,
3 would it be obligated to pay it back for all the previous owners of the property back to the
4 creation of the subdivision in the 1970s.
5 Nancy Freeman said the landowners would need to request a refund, and they have 5
6 years to ask for a refund. She said there are a few other property owners who have completed
7 surveys, and if they were to request a refund, could be granted it.
8 Commissioner Greene clarified that the Guiberts could only be given 5 years of a refund,
9 not back to 2002 when the property was purchased.
10 Nancy Freeman said that is correct.
11 John Roberts said the State Statute is very specific about the five years.
12 Nancy Freeman said there are roughly 75 other parcels on Lake Orange that have not
13 had a corrected survey, the owners of which, may now do so, and would then be able to request
14 a refund for 5 years.
15 Commissioner Dorosin said this is all property upon which the County has collected
16 double taxes.
17 Michael Burton said both parties were taxed for what they claimed.
18 Commissioner Dorosin said there are now property owners that have resolved the claim,
19 and are making it clear that they do not own the land, and another taxpayer making it clear that
20 they do own the land.
21 Michael Burton said, per Statute, the County has corrected the record based upon the
22 new recording of survey, which moves forward from here on.
23 Commissioner Dorosin said there are other homeowners, and there is this notion that
24 the County is opening up a Pandora's box, but the homeowners would only be eligible to a
25 refund if it can be shown that taxes were doubly taxed.
26 Michael Burton said there may be some parties that will be unwilling to give the land
27 back to Lake Orange, now that they may have adverse possession. He said many cases have
28 gone to the Supreme Court regarding overlapping land. He said one of the most precise things
29 in those cases is that the individual has been paying taxes on the land all along.
30 Commissioner Price asked if the exact process for taxing land could be explained. She
31 said she had an issue with her property and the former Tax Administrator said there is one set
32 amount for the land, and the improvement (building) is assessed separately. She asked if
33 taxation is done by square footage.
34 Michael Burton said it is done by acreage of land, and based upon the schedule of
35 values adopted by the BOCC.
36 Commissioner Price clarified that if the BOCC awards repayment in this case, that
37 anyone who has had a dispute could have a survey completed and determine if double taxation
38 has occurred.
39 Michael Burton said there are over 55,000 parcels of land in Orange County, of which,
40 each and every one of those neighboring properties could have a survey done, and both
41 surveys may overlap with each other.
42 Nancy Freeman said there are other cases in Orange County that staff has noted on
43 maps, which have not yet been corrected, and there may be more.
44 Commissioner McKee asked if this has been corrected now.
45 Nancy Freeman said yes.
46 Commissioner McKee asked if John Roberts would explain his recommendation that the
47 Manager deny the refund.
48 John Roberts said there are only a very limited number of reasons to issue a refund:
49 clerical error, unlawful tax, or tax for unlawful purpose. He said, at the time this was taxed, this
50 was not a clerical error by County staff; it was not a tax that was for an unlawful purpose; and at
51 the time it was not an unlawful tax. He said through the land records, two parties were claiming
15
1 the same property, and because of that, staff cannot say this was an unlawful tax, or an issue of
2 double taxation, even though two parties were paying the tax on it. He said they both had, what
3 appeared to be, lawful claims based on their recorded documents. He said, based on the risk to
4 the Board for refunding a tax outside of those three purposes, he recommends denying the
5 refund.
6 Commissioner Marcoplos clarified that the County cannot be reasonably responsible for
7 sorting out these land issues, wherever they may occur.
8 Nancy Freeman said that is correct.
9 Commissioner Marcoplos said the County may have received taxes from both parties,
10 and perhaps someone is due a refund, but it is not the County's responsibility to be there at the
11 transaction, to examine transactions, and confirm that all is are dotted and is are crossed.
12 John Roberts said that is correct.
13 Commissioner Marcoplos said that makes sense.
14 Commissioner Greene referred to the abstract, which states: "if the issue were not
15 determined as double taxation, the Board would be at risk of personal liability to anyone in the
16 County who challenged it," and asked if the "it" could be defined.
17 John Roberts said the refund. He said if this is not an unlawful tax, not for an unlawful
18 purpose, and is not a clerical error, but if the Board issues a refund anyway, then each Board
19 member who votes in favor of a refund, is personally liable for the refund.
20 Commissioner Greene asked if those with standing to challenge it could be identified.
21 John Roberts said any taxpayer in the County.
22 Commissioner Marcoplos said staff mentioned there are a lot of instances of
23 overlappage in the County, and asked if these property owners have been contacted.
24 Michael Burton said typically property owners find out by hiring a surveyor, who defines
25 the land and the properties which people own, and attorneys are responsible for doing the title
26 search and history. He said any overlaps that arise should be disclosed to the purchaser when
27 buying a property. He said the mapping world does show these as conflict lines, now that the
28 age of GIS has come a little further. He said the original cadaster of the mappings show the
29 615-620 contour line being owned by Lake Orange, Inc. He said Lake Orange was created
30 because the Town of Hillsborough was running out of water, and it was to be a water supply.
31 Commissioner Marcoplos asked if he had overlappage, of which he was unaware, would
32 he receive a letter from the County. He said it sounds like the County knows of some of these
33 instances.
34 Michael Burton said the last time these types of issues were discovered was in the
35 1980s, and property owners were sent letters, and asked to bring in documents, so that the
36 County could put it on record. He said the maps still depict the conflict lines as the mappers
37 find them.
38 Commissioner Price said it seems that the burden is on the homeowner.
39 Commissioner Greene asked if this is a situation that a person's title insurance would
40 take care of.
41 Michael Burton said possibly.
42 Commissioner Greene asked John Roberts if there have been any reported cases on
43 the argument that Commissioner Dorosin and she are making about an equitable solution of
44 unjust enrichment, when the government gets paid twice for the same taxable land.
45 John Roberts said he does not know of any, and has researched this topic at a previous
46 time, but not in this instance.
47 Commissioner Bedford asked if she voted yes to the refund, and a resident objected, if
48 she would liable for the $1,622 one time back to the County, or to every single taxpayer.
49 John Roberts said one time back to the County. He said he is not sure that this would
50 happen, but it is his job to advise the Board of risk.
16
1 Commissioner Bedford said it seems to her that the law has tied the hands of the County
2 staff, and the equitable solution is to refund the monies, and the other property owners along
3 Lake Orange should be alerted to consider having a survey completed, so that going forward
4 taxes would be lower. She said this strikes her as the right and just thing to do.
5 Michael Burton said the owners around Lake Orange are routinely contacted by Lake
6 Orange, Inc. for the dues that they pay to cross that area of land, basically informing them that
7 Lake Orange still claims that land.
8 Commissioner Bedford said she understands that, but when she receives her tax bill,
9 she does not know anything about the contours, etc.
10
11 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to
12 approve the resolution denying the refund request based on consultation with the County
13 Attorney.
14
15 Commissioner Price said the wording in the proposed resolution is confusing.
16 Commissioner Dorosin said to amend the language to say the property tax refund is
17 denied.
18 Commissioner McKee accepted this amendment.
19 Commissioner Marcoplos agreed.
20 Commissioner Dorosin said he would vote against this resolution, and this is a matter of
21 equity and fairness. He said the County was unintentionally unjustly enriched.
22 Commissioner Price said she does see the argument of double taxation, but she also
23 understands this is prevalent throughout Orange County, and once surveys are done, property
24 lines are being corrected. She said it is unfortunate that some of these property lines and plats
25 were recorded without the advantage of modern technology and good surveys.
26 Commissioner Marcoplos said this is a tough call. He agrees with much of
27 Commissioner Dorosin's statements, but the County did not create these problems, and the
28 County should not be in the position of arbiter and money distributer every time a mistake is
29 made.
30 Chair Rich asked if these types of mistakes really are that prevalent.
31 Nancy Freeman said the revaluation process does correct any errors or issues with the
32 details of the home, but not with the land itself. She said the County is required to record a
33 survey and tax by it, and this can only be fixed by the landowner.
34 Bonnie Hammersley said the County would not know if this is a prevalent problem, and
35 this is an example of change in technology, and the County is getting better at looking at the
36 surveying as technology improves. She said her office and the tax administration office do not
37 challenge surveys, and during the revaluation process, staff is simply looking at value. She said
38 the County is not aware of a prevalence of these types of issues, but if staff is made aware of
39 such a situation, it will alert property owners.
40 Commissioner Price said many surveys were done years ago, when technology was not
41 as accurate.
42
43 VOTE: Ayes, 4 (Chair Rich, Commissioner McKee, Commissioner Marcoplos, and
44 Commissioner Price); Nays, 3 (Commissioner Bedford, Commissioner Greene, and
45 Commissioner Dorosin)
46
47 MOTION PASSES
48
49 Commissioner McKee asked if there is a reason why the parties themselves could not
50 handle this issue.
51 John Roberts said there is no reason, and is likely more appropriate.
17
1 Commissioner Dorosin said the County received the double taxes, and there is nothing
2 the parties can do. He said the County got paid twice.
3
4 7. Reports
5 NONE
6
7 8. Consent Agenda
8 • Removal of Any Items from Consent Agenda
9 • Approval of Remaining Consent Agenda
10
11 A motion was made by Commissioner Dorosin, seconded by Commissioner Bedford to
12 approve the Consent Agenda.
13
14 VOTE: UNANIMOUS
15
16 Discussion and Approval of the Items Removed from the Consent Agenda
17
18 a. Minutes — None
19 b. Refund of Overpayment of Excise Tax
20 The Board refunded an overpayment of excise tax in the amount of$328 to Tatum Law Firm.
21 c. FY 2019-20 Home and Community Care Block Grant for Older Adults Funding Plan
22 The Board approved the recommended Home and Community Care Block Grant (HCCBG) for
23 Older Adults Funding Plan for FY 2019-20 and authorized the Manager to sign.
24 d. Amendments to North Chatham Fire Protection and Emergency Services Agreement
25 The Board ratified the County Manager's signature on amendments to allow the 2013 contract
26 between Orange County and North Chatham to remain in effect until a new contract is agreed
27 upon and implemented.
28 e. Link Building Remediation Project— Rejection of Bids
29 The Board authorized the County Manager to reject all bids for the remediation of the John M.
30 Link, Jr. Government Services Center project that were opened on Thursday, September 5,
31 2019, and to rebid the project.
32
33 9. County Manager's Report
34 NONE
35
36 10. County Attorney's Report
37 NONE
38
39 11. *Appointments
40
41 a. Advisory Board on Aging —Appointment
42 The Board considered making an appointment to the Advisory Board on Aging.
43
44 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
45 appoint the following to the Advisory Board on Aging:
46
47 Position 3, Jeffrey Charles, Chapel Hill Town Limits, Partial Term ending 06/30/2021
48
49 VOTE: UNANIMOUS
50
18
1 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
2 appoint the following:
3
4 • Position 8, Tiketha Collins, At-Large, Partial Term ending 06/30/2021
5 • Position 10, Karen Green McElveen, At-Large, Term ending 06/30/2022
6 • Position 12, Jerry Gregory, At-Large, Partial Term ending 06/30/2021
7
8 VOTE: UNANIMOUS
9
10 b. Affordable Housing Advisory Board —Appointments
11 The Board considered making appointments to the Affordable Housing Advisory Board.
12
13 A motion was made by Commissioner Dorosin, seconded by Commissioner Marcoplos
14 to appoint the following to the Affordable Housing Advisory Board:
15
16 • Position 1, Keith Cook, At-Large, Second Full Term ending 09/30/2022
17 • Position 10, Douglas Boemker, At-Large, Second Full Term ending 06/30/2022
18
19 VOTE: UNANIMOUS
20
21 A motion was made by Commissioner Price, seconded by Commissioner Dorosin to
22 appoint:
23
24 Position 4, Adejuwon Ojebuoboh, At Large, Term ending 6/30/2022
25
26 VOTE: UNANIMOUS
27
28 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
29 to appoint:
30
31 • Position 7, James Eichel, At Large, Term ending 9/30/2022
32
33 VOTE: UNANIMOUS
34
35 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
36 appoint:
37
38 Position 13, Jennifer Moore, At Large, Term ending 6/30/2022
39
40 VOTE: UNANIMOUS
41
42 Commissioner Marcoplos asked if applicants are ever asked to list their age.
43 Staff said no.
44 Commissioner Marcoplos said it would be informative to have this information, as he
45 would like to facilitate young leadership.
46
47 c. Arts Commission —Appointments and Term Extension
48 The Board considered making appointments to the Arts Commission.
49
19
1 A motion was made by Commissioner Price, seconded by Commissioner Bedford to
2 appoint the following to the Arts Commission:
3
4 • Position 6, Linda Williamson, At-Large, One Year Term Extension ending 09/30/2020
5 • Position 7, Doris Friend, At-Large, First Full Term ending 09/30/2022
6 • Position 14, Justin Haslett, At-Large, First Full Term ending 09/30/2022
7
8 VOTE: UNANIMOUS
9
10 d. Board of Health —Appointment
11 The Board considered making an appointment to the Board of Health.
12
13 A motion was made by Commissioner McKee, seconded by Commissioner Price to
14 appoint the following to the Board of Health:
15
16 Position 1, Dr. Lee Pickett, Veterinarian, Partial Term ending 06/30/2020
17
18 NOTE - Dr. Pickett is currently serving on the Animal Services Advisory Board (ASAB) and if
19 appointed to the Board of Health Veterinarian position, would become the Board of Health
20 representative on the ASAB.
21
22 VOTE: UNANIMOUS
23
24 e. Chapel Hill Orange County Visitors Bureau —Appointments
25 The Board considered making appointments to the Chapel Hill Orange County Visitors
26 Bureau.
27
28 A motion was made by Commissioner Price, seconded by Commissioner McKee to
29 appoint the following to the Chapel Hill Orange County Visitors Bureau:
30
31 • Position 1, Mayor Pam Hemminger, Chapel Hill Town Council, First Full Term ending
32 12/31/2021
33 • Position 2, Dixon Pitt, Chapel Hill-Carrboro Chamber of Commerce, Partial Term ending
34 12/31/2020
35 • Position 8, Shailan "Sam" Vadgama, O/C Lodging Association, First Full Term ending
36 12/31/2021
37 • Position 13, Anita "Spring" Council, Economic Development Staff—Town of Carrboro,
38 Partial Term ending 12/31/2019
39 • Position 15, Matt Gladdeck, Chapel Hill Downtown Partnership Staff, Partial Term
40 ending 12/31/2020
41
42 VOTE: UNANIMOUS
43
44 f. Nursing Home Community Advisory Committee—Appointment
45 The Board considered making an appointment to the Nursing Home Community
46 Advisory Committee.
47
48 A motion was made by Commissioner Greene, seconded by Commissioner McKee to
49 appoint the following to the Nursing Home Community Advisory Committee:
50
20
1 Position 6, Jacqulyn Podger, At-Large, One Year Preliminary Term ending 09/17/2020
2
3 VOTE: UNANIMOUS
4
5 g. Orange County Parks and Recreation Council —Appointment
6 The Board considered making an appointment to the Orange County Parks and
7 Recreation Council.
8
9 A motion was made by Commissioner Bedford, seconded by Commissioner Price to
10 appoint the following to the Orange County Parks and Recreation Council:
11
12 Position 7, Cecily Kritz, Chapel Hill Township, Partial Term ending 03/31/2020
13
14 VOTE: UNANIMOUS
15
16 h. Orange County Planning Board —Appointment
17 The Board considered making an appointment to the Orange County Planning Board.
18
19 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
20 appoint the following to the Orange County Planning Board:
21
22 • Position 10, Gio Mollinedo, At-Large, First Full Term ending 03/31/2022
23
24 VOTE: Ayes, 4 (Commissioner Dorosin, Commissioner McKee, Commissioner Price,
25 Commissioner Bedford); Nays, 3 (Chair Rich, Commissioner Marcoplos, Commissioner
26 Greene)
27
28 Commissioner Marcoplos said he was very impressed with the list of possible
29 appointees for all of these boards. He asked if the Board has any interest in including age on
30 the application form.
31 Donna Baker said age has never been included on the application during her tenure with
32 the Board. She said she is not sure if it would be age discrimination.
33 Commissioner Marcoplos said he always wonders about an applicant's age.
34 Commissioner Greene said applicants list their email and phone number, and a
35 Commissioner can always reach out for further discussion.
36 Commissioner Marcoplos said having it on the form would save a lot of time.
37 Commissioner Dorosin said he would also be interested in this information, and if one
38 chooses not to answer that would be their prerogative.
39 Donna Baker said staff can research this topic further.
40 Chair Rich said perhaps the application could ask for an age range, as opposed to a
41 specific age.
42 Commissioner Marcoplos said there is a lack of young participants.
43 Chair Rich said she thinks people want to get here, but do not know how to.
44 Commissioner Marcoplos said, or we don't know they are young.
45 Commissioner Dorosin said perhaps a youth advisory committee would be warranted.
46 He petitioned the Board to consider this idea.
47
48 12. Information Items
49 September 3, 2019 BOCC Meeting Follow-up Actions List
50
21
1 13. Closed Session
2
3 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to
4 go into closed session 8:43 p.m. for the purpose below:
5
6 Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order
7 to preserve the attorney-client privilege between the attorney and the Board."
8
9 VOTE: UNANIMOUS
10
11 A motion was made by Commissioner McKee, seconded by Commissioner Greene to
12 reconvene into regular session at 9:05 p.m.
13
14 VOTE: UNANIMOUS
15
16 14. Adjournment
17
18 A motion was made by Commissioner Greene, seconded by Commissioner McKee to
19 adjourn the meeting at 9:06 p.m.
20
21 VOTE: UNANIMOUS
22
23 Penny Rich, Chair
24
25 Donna Baker
26 Clerk to the Board