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HomeMy WebLinkAboutMinutes 10-01-2019 Regular Meeting1 APPROVED 10/15/2019 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING October 1, 2019 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 1, 2019 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta Bedford, Mark Dorosin, Earl McKee, Mark Marcoplos, and Renee Price COUNTY COMMISSIONERS ABSENT: Commissioner Sally Greene COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Deputy Clerk Sherri Ingersoll (All other staff members will be identified appropriately below.) Chair Rich called the meeting to order at 7:00 p.m. 1. Additions or Changes to the Agenda Commissioner McKee asked if item 8-e and item 8-f could be switched, so that item 8- e will be the last item. He said he would like to recuse himself from this discussion, since Summit Engineering employs him. PUBLIC CHARGE Chair Rich acknowledged the public charge. Arts Moment Linda Williamson, Arts Commission member, introduced the artist: Lyn Fairchild Hawks writes young adult contemporary fiction about gifted, weird, and wise teens. She is the author of How Wendy Redbird Dancing Survived the Dark Ages of Nought; Minerda, a graphic novella collaboration with illustrator Robin Follet; and the short- story collection, The Flat and Weightless Tang-Filled Future. She and her literary agent are currently submitting her latest novel to publishers, a story about an intrepid teen journalist exposing the truth about corruption on her school’s sports teams. In her other life, Lyn is an education geek who designs online learning courses for gifted youth at Duke TIP, and a former AIG resource teacher for AL Stanback and CW Stanford Middle Schools. She lives in Chapel Hill with her husband, Americana musician Greg Hawks. Her stepson, Henry, is a graduate of Cedar Ridge High School and DePaul University. Lyn Fairchild Hawks read a scene from her novel How Wendy Redbird Dancing Survived the Dark Ages of Nought. She said this book is characteristic of what many teenagers deal with in today’s world. She thanked the Board of County Commissioners for its support of the arts. 2. Public Comments a. Matters not on the Printed Agenda 2 Riley Ruske said he petitioned the Board last month to recite the Pledge of Allegiance prior to each meeting, and asked if there is a reason that it has taken so long to have action. Chair Rich said that the Board’s process for reviewing petitions is very long and goes through several levels, and the Board anticipates having it on the upcoming regular meeting. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner Dorosin petitioned the Board to set up a committee to look into the possibility of establishing a universal Pre-K program in Orange County. He said this topic has come up at numerous meetings, and but has never been researched; that is, to get a good scope of the underserved children in Orange County, and the costs, facilities, etc. that it would take to have a program. He petitioned to set up a committee that would meet for 6-12 months to come up with some ideas. Chair Rich asked if Commissioner Dorosin had particular committee members in mind. Commissioner Dorosin said that would be part of the discussion. He said any groups could be represented, but it should be a small committee with expertise, such as child care agencies, Smart Start, the schools, and other experts who are looking at this concept in other communities or at the State level. Commissioner Price petitioned the Board to support a collaborative effort between the Orange County Health Department and UNC Medical regarding the opioid epidemic. She said this is a follow up to a forum held last year at the library, and Quintana Stewart, Health Department Director, has come up with a one-page description of what they would like to do. Commissioner Price thanked the Health Department for its recent program, “Be the Light”, which was a suicide prevention walk. She said the number of shoes displayed at the event has gone up, but it is still important to pay attention to this concern and the needs of others in the community. Commissioner Bedford said she and Chair Rich met with Representative Insko and Deputy Secretary Kinsley from the NC Department of Health and Human Services last week to talk about care and constituent concerns with the MCOs. She said it was a successful meeting, and many changes are expected at the State level, and impacts on accountability, financial consistency and other government issues, which is a good start. Commissioner Bedford said the local Community Family Advisory Council (CFAC) will be hosting a Peer Support program on Friday, where she will be giving the opening remarks and Deputy Secretary Kinsley will speak about Medicaid transformation. Commissioner McKee said he has no petitions, but he heartily endorses Commissioner Dorosin’s concept of a universal Pre-K program. He said if these children are not caught up to speed in their first years of public education, it will be a lifelong problem. Commissioner Marcoplos said the first meeting of the Orange County Climate Council occurred last week. He said over 20 people attended, and it was a great first meeting. He said the first area of focus will be to share what each agency in local governments already do for sustainability and climate action, and how all can best collaborate. He said there are a lot of members with varying areas of expertise in the group. Commissioner Marcoplos said an information sheet was provided about the solar charging stations, and highlighted that there will be a solar charging station that will provide energy for three on-demand vans in the County’s transportation system. He said it will be a couple of months to get this off the ground, and when it does, the County needs to highlight this project. 3 Chair Rich said the Climate Council has gotten some news coverage, which is great. Chair Rich expressed thanks, on behalf of the BOCC, to Commissioner Bedford for all she is doing with health care. She said the County has worked with Cardinal for a long time, and many of us have been frustrated with the arrangement, and Commissioner Bedford has spent a lot of time involved in this. Chair Rich said the first pilot work session with Mebane and Carrboro happened recently, and were successful. She said minutes will be turned around in about two weeks, and will be distributed by the Manager, published online, and posted as a future information item so all can keep abreast of the discussions. She said the meeting with Mebane was great, and the Town wants to be involved in the Climate Committee, and space should be made at the table. Chair Rich said the Carrboro meeting touched on many of the same issues that have been previously discussed. She said there was also a Managers, Mayors and Chairs (MMC) meeting last week and the Greene Tract was brought up. She said there was follow up on creating a governance document to move forward, but this is very, very preliminary. Chair Rich said there is an upcoming meeting with Chapel Hill, and asked if the Board would help her determine what the Board is seeking from Chapel Hill. She said there is a desire to understand the partnership on the Greene Tract, and, while this is moving forward, it is concerning that all are not on the same page. Commissioner Dorosin asked if there is already a governance structure in place for the three jurisdictions, and if this is being revisited. Chair Rich said there was never anything put in place that specifically states how to proceed if there is a disagreement between the 3 jurisdictions. She said Carrboro and Orange County want to move forward and address needs like affordable housing, but it does not seem that Chapel Hill is on the same page. Commissioner Dorosin asked if the parcels were ever combined, or does the County still own a portion with the Towns owning other portions. Commissioner Price asked if Chapel Hill does not want to do affordable housing. Chair Rich said it is not clear at this point, as there is nothing proposed with which to agree or disagree. Commissioner Price said she does not understand the problem. Commissioner Dorosin said the BOCC and Carrboro agreed to the resolution, but Chapel Hill did not agree to the resolution on how to move forward. Travis Myren said the Carrboro and the BOCC passed a resolution and map, which were identical, but Chapel Hill removed the designations from the map, and left them unspecified in the planning process. He said it has not been possible to move forward with reconfiguring the Headwaters Preserve. Commissioner Dorosin said it sounds like the 60 acres have not yet been reconfigured. Travis Myren said he thinks the Town of Chapel Hill would agree to the reconfiguration, but it may not be in everyone’s interest to do so without having specified purposes for the land. Commissioner Marcoplos said one place to start is knowing what was agreed upon during the last collaboration, and contrast that with what was passed on July 15, as this was a confusing meeting. He would like to know what Chapel Hill passed, and how that contrasts with what had been agreed upon up to that point, as no one really understands that. Chair Rich said that was a two and a half year process, into which she joined at the end. She said Commissioner Dorosin worked on Resolution A with Mayors Lavelle and Hemminger, which was brought forward at the Assembly of Governments and agreed upon by all parties. 4 Commissioner Marcoplos said the public should see Resolution A, as well as the item that was passed by the Town of Chapel Hill. Commissioner Dorosin asked if the County’s 60 acres are also in Chapel Hill planning jurisdiction, and if the County can act independently. Travis Myren said he believes it is, and would check. Chair Rich said a new Community One group is now meeting, and Orange County and Carrboro were not invited to contribute. She said the purpose of this group is unclear, and there are no staff or elected officials involved. She said she would like to know what the partnership means between everyone. She said if discussions are being held about the land, all landowners should be involved. Commissioner Marcoplos said there is an affordable housing crisis, and the County owns land, and has a great opportunity and a responsibility to help with the crisis, as well as demonstrate collaborative success with other entities. Chair Rich said the meeting is next week, and asked if all Commissioners would forward comments or questions to her. 4. Proclamations/ Resolutions/ Special Presentations None 5. Public Hearings a. NCDOT Public Transportation Division/Public Transportation – 5311 Community Transportation Program Grant Application for FY2021 The Board conducted a public hearing on the North Carolina Community Transportation Program (CTP) grant application by Orange County Transportation Services (OCTS) for FY2021. BACKGROUND: Each year, the NCDOT Public Transportation Division accepts requests for operations and administrative needs for county-operated community transportation programs. OCTS is eligible to make application for both operations and administrative funding. NCDOT has allotted $179,189 for fund detailed breakdown is outlined in the table below: 5311 Grant Application: FY21 Total $ 179,189 Federal $ 143,351 State $ 8,959 Local $ 26,878 Theo Letman, Transit Director, said this item relates to the annual Community Transportation Program (CTP) grant application. He said this application is usually connected with the ROAP grant, but since the State budget has not been passed yet, the NC DOT has not provided ROAP information. He said this item is just for the CTP administrative grant funds. He said staff proposes to utilize currently available general funds to cover the required local match, but also has district taxes available. Commissioner Dorosin said the documentation says funds will be used for administration, and asked if this could be clarified. Theo Letman said this typically covers a percentage of administrative staff salaries. Commissioner Dorosin asked if this covers maintenance or transit driver salaries. Theo Letman said no, it cannot cover operational costs, just administrative salaries. 5 A motion was made by Commissioner Bedford, seconded by Commissioner Marcoplos to open the Public Hearing. VOTE: UNANIMOUS Public Comments: None A motion was made by Commissioner Bedford, seconded by Commissioner Marcoplos to close the Public Hearing. VOTE: UNANIMOUS A motion was made by Commissioner Bedford, seconded by Commissioner Marcoplos for the Board to approve the FY2021 Community Transportation Program Grant application; adopt a resolution for FY2021 in the total amount of $179,189 with a local match of $26,878 to be provided when necessary; authorize the Chair to sign the Community Transportation Program Resolution, the Local Share Certification for Funding form, and the Anticipated DBE/DEW Vendor Awards form; and authorize the Chair and County Attorney to review and sign the annual 2020 Certifications and Assurances documents when available. VOTE: UNANIMOUS Chair Rich pointed out that the social responsibility and environmental impact for this program supports BOCC goals. She thanked staff for its work on this, as well as the solar charging panels. 6. Regular Agenda a. Adoption of the Final Financing Resolution Authorizing the Issuance of $37,000,000 in Installment Purchase Financing for Various Capital Investment Plan Projects Including Refinancing Existing County Debt of $16,359,886 The Board considered adopting the final financing resolution authorizing the issuance of approximately $37,000,000 in installment financing to finance capital investment projects and equipment which includes refinancing $16,359,886 of existing County debt. The financing includes amounts to pay transaction costs. BACKGROUND: At the September 3 and 17, 2019 regular Board meetings, the Board of County Commissioners conducted public hearings and received preliminary information on capital projects and equipment financing and refinancing existing debt obligations. The Board made a preliminary determination to finance these capital projects and equipment, and financing costs by the use of an installment financing, as authorized under Section 160A-20 of the North Carolina General Statutes. The statutes require that the County adopt a financing resolution supporting the application to the Local Government Commission (LGC) for approval of the financing. County staff has been in contact with the LGC staff, and expects no issues in receiving full LGC approval. If the Board adopts the final financial resolution authorizing final approval for the financing, staff expects the LGC to approve the financing plan at its October 1, 2019 meeting as well. 6 Under the current schedule, staff expects to set the final interest rates and other terms of the financing on October 16, 2019 and to close on the financing in November. Gary Donaldson, Chief Financial Officer, presented this item: 7 Commissioner Dorosin asked if the key debt model metrics slide shows red numbers, because the County is over the 16% threshold. Gary Donaldson said yes, and the County is required to have long-term models and plans to address this, which gives the LGC comfort that there is a plan to address it. Commissioner Dorosin asked if staff could confirm that the Community Loan Fund would not make grants for capital campaigns. He asked if this reflects those organizations that are taking advantage of this. Bonnie Hammersley said yes, there are three organizations using these funds. She said the County borrows the money for them, and then the organizations get the funds from the County. She said these three organizations are included in these numbers. Commissioner Dorosin said it would be good to have an information item on those agencies, the payback expectation, how the Board handled this, and to publicize the information. Public Comment Riley Ruske said the updated information was not available prior to this meeting. He said in the June budget meetings, projects were delayed or deferred because County Management could not execute them on schedule. He asked if the additional $18 million should be reduced to cover only those projects that are to be completed on schedule, thus avoiding costly burdens on taxpayers. He said when the 2019-20 budget was prepared, presumably the interest rate on the new bonds was similar to the then existing rates, meaning the interest payments would be $500,000 less than what was budgeted. He said that, combined with the savings of the refinancing the old bonds, the total savings appears to be around $1 million. He said since this is funded primarily by property taxes, he would request that this money be repaid back to the taxpayers in the form of rebate checks or reduced property tax bills. A motion was made by Commissioner McKee, seconded by Commissioner Price for the Board to approve the final financing resolution authorizing the steps to proceed with the financing of the stated capital projects and equipment and refinancing of existing debt obligations. VOTE: UNANIMOUS b. Approval of Board of Commissioners Meeting Schedule for Calendar Year 2020 The Board considered selecting between two draft meeting schedules, or a variation there of, for the Board of County Commissioners meetings for calendar year 2020. BACKGROUND: In accordance with 143.318.12 of the North Carolina General Statutes, a schedule of regular meetings shall be filed with the Clerk to the Board of County 8 Commissioners. The schedule must show the date, time and place of each meeting. All meetings will begin at 7:00 p.m. unless otherwise noted. Discussion and selection of the 2020 calendar will provide the opportunity for the Board to review the meeting schedule for the entire year as well as the proposed budget public hearing schedule and other related issues. In regard to the budget process, it should be noted that after the Manager presents the Recommended Budget on May 5, all proposed amendments from Board members and staff will be compiled, posted and updated on a continual basis on the County’s website. This effort will inform the public on the proposed amendments and provide interested individuals and organizations sufficient time to prepare for making comments at the public hearings and/or share any comments with the Board via electronic or other means. Two calendar options are offered for consideration. The first calendar (Option #1) was presented at the BOCC work session on September 10, 2019. Based on Board member comments during the work session, an alternate calendar (Option #2) is also presented. Original Option #1 During the budget process this past spring, Board members requested that the budget amendment process be addressed, specifically to allow for public comments on any amendments proposed after the Manager presented the Recommended Budget. Staff has addressed this opportunity in the proposed meeting calendar for 2020 by scheduling the two public hearings differently than in the past. The first budget public hearing is proposed to occur on May 12, 2020 at the Whitted Center in Hillsborough - after the Manager’s Recommended Budget presentation on May 5. The second budget public hearing is proposed to occur at the Southern Human Services Center in Chapel Hill three weeks later on June 4, 2020. As proposed, convening the second public hearing on June 4 would occur after the Board has conducted three budget work sessions and Board members have had the opportunity to propose potential amendments to the Recommended Budget. The June 4 second public hearing would provide the opportunity for public comment on any proposed amendments and any other parts of the budget. The Board’s fourth and final budget work session is proposed for June 9, 2019 when the Board would make decisions on proposed amendments and the entire budget, and also adopt its Resolution of Intent to Adopt the Budget. The Board would officially approve the budget at the proposed June 16, 2020 Regular Meeting. Option #2 For Option #2, the proposed April 23, 2020 Work Session has been moved to March 31. Budget Work Sessions in May and June are also shifted forward to reduce the number of May meetings and thereby extend the budget work sessions and last regular meeting to later in June. The second/last budget public hearing is proposed to occur on June 9, 2020, after the Board has conducted three budget work sessions and Board members have had the opportunity to propose potential amendments to the Recommended Budget. It should be noted that shifting the third budget work session to June 4 and the second public hearing to June 9 would provide only three business days between meetings for the public to prepare comments on any proposed amendments. The Board’s fourth and final budget work session would occur on June 16, 2019 when the Board would make decisions on proposed amendments and the entire budget, and also adopt its Resolution of Intent to Adopt the 9 Budget. The Board would officially approve the budget at the proposed June 23, 2020 Regular Meeting. David Hunt, Deputy Clerk, said he summarized the first six months of the two options based on the comments from the last meeting, and the attempt was to spread out the meetings. He said the revised schedule moves a meeting from April to March, and they tried to shift others to avoid having more than two meetings a week. He said no meetings were added or removed, just shifted. Chair Rich asked if the net effect is that it just forces the Board to go a week later. She said the April 23rd meeting has been moved to March, and the meetings in June go a bit longer, finishing on the 23rd. David Hunt said by moving the April meeting to March, it spreads the budget meetings over 16 weeks, with one meeting each week. He said Option 1 offers 11 weeks in a row with at least one meeting per week, and some other weeks with a higher concentration of meetings. Commissioner Price said she likes moving the April meeting to March, but would like to keep the May and June meetings as they are, and suggested a hybrid schedule of Options 1 and 2. Commissioner Marcoplos said he likes Option 1, and sees nothing gained by delaying it for a week. Commissioner McKee said he prefers Option 1; the number of meetings is still the same, and the Board needs to be judicious with its time. Commissioner Bedford said it does not really matter to her, but likes Commissioner Price’s hybrid of moving the April meeting to March. Commissioner Dorosin said that looking at the list of considerations, having one meeting per week for 16 weeks does not matter. He said the penultimate bullet is of greatest concern to him. He said Option 2 provides a longer timeframe for the budget, allowing for more discussion and deliberation. He said the Board hears from the public that the process has seemed rushed, and there was not enough information. He said this is a real consideration, and school ending should not matter with the budget. He agreed that having a longer timeframe is better, and he asked if amendments will be done differently this time. Bonnie Hammersley said both options include a public hearing after the amendments are in. David Hunt said that the public hearing used to be held in the same week, or a week apart, but this schedule moved the final public hearing date closer to the end of the budget process to allow the public an opportunity to comment. Commissioner Dorosin asked if the conflict with the Manager’s Conference is a problem. Bonnie Hammersley said no, and it is her personal preference to not attend the conference, due to the timing with the budget approval. She said she always attends the winter conference. Chair Rich said she thinks the public does get enough time after the amendments are brought forward, and she leans towards staying with Option 1, but the hybrid is fine. She said she does not want to go later in June just to give more time for discussion. She said the Board needs to vote on this tonight. Commissioner Marcoplos said that changing up the way the Board holds the meetings solves the problem of participation, and adding another week does not improve that. A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos for the Board to approve the proposed meeting schedule for the Board of County Commissioners for calendar year 2020 as outlined in Option #1. 10 VOTE: Ayes, 5 (Chair Rich, Commissioner Price, Commissioner Bedford, Commissioner McKee, Commissioner Marcoplos); Nays, 1 (Commissioner Dorosin) 7. Reports None 8. Consent Agenda • Removal of Any Items from Consent Agenda Commissioner McKee requested that the Board move item 8-e, and asked to recuse himself from the discussion since he is involved in the company department that is involved in the testing. Chair Rich asked if this was appropriate. John Roberts said yes, the Board can agree to excuse by a vote. A motion was made by Commissioner Price, seconded by Commissioner Bedford to move item 8-e, and recuse Commissioner McKee from the discussion. VOTE: UNANIMOUS Chair Rich requested to move item 8-f from the consent agreement to make a comment. • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Bedford to approve the remaining items on the consent agenda. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from September 3 Regular Meeting, September 10 Special Meeting, September 10 Work Session, and September 17, 2019 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for ten taxpayers with a total of ten bills that will result in a reduction of revenue, in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for sixteen taxpayers with a total of thirty-eight bills that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board adopted a resolution, which is incorporated by reference, to approve seven untimely applications for exemption/exclusion from ad valorem taxation for nine bills for the 2019 tax year. Performance Agreement Between the Town of Chapel Hill and Visitors Bureau 11 Chair Rich said she wants to acknowledge Chapel Hill’s support via occupancy tax, and it has been very supportive. She said the Visitors Bureau runs completely on occupancy taxes, not property tax dollars. She thanked Chapel Hill for its continued efforts in supporting the Visitors Bureau. A motion was made by Commissioner McKee to approve item 8-f, the Performance Agreement between the Town of Chapel Hill and the Chapel Hill/Orange County Visitors Bureau; seconded by Commissioner Price. VOTE: UNANIMOUS e. Approval of a Design Contract for Construction Materials Testing and Special Inspections Services for the Northern Campus Construction Project A motion was made by Commissioner Bedford, seconded by Commissioner Price to approve the professional services contract with Summit Design and Engineering Services, PLLC, totaling $245,238 to perform materials testing and special inspection services for the Northern Campus construction project, upon final review by the County Attorney, and authorized the Chair to sign it. VOTE: UNANIMOUS (Commissioner McKee recused) 9. County Manager’s Report Bonnie Hammersley introduced the new Housing Director, Emila Sutton, who has been on staff for a week. Emila Sutton said she happy to be here and pleased with the innovative advances Orange County has made towards housing issues. She briefly reviewed her work history. 10. County Attorney’s Report John Roberts said the Supreme Court case involving Orange County has been continued at the Plaintiff’s request, but the Court will add two additional cases to the docket. He said the Clerk of Court can arrange for tickets if the Board would like to attend the event. John Roberts said that the Legislature has not had a lot of activity lately; they continue to convene but not much is happening. John Roberts said the firearms issue has been discussed with the Planning Department, and it may not be available for further discussion until February. John Roberts said a few Ordinance amendments are forthcoming, which include the clearing up of a discrepancy about pocket knives in County buildings, but this is not related to the other firearms discussions. Commissioner McKee said that Chatham County takes these weapons when you enter a County building. Commissioner Marcoplos asked if pocket knives are allowed in the Orange County Courthouse. John Roberts said yes, but it must not exceed the length restrictions, and there is a discrepancy in the length description of weapons in the code, which he will fix and bring it back to the BOCC for consideration. 11. Appointments None 12. Information Items 12 The Board received the following information items: • September 17, 2019 BOCC Meeting Follow-up Actions List • Tax Collector’s Report – Numerical Analysis • Tax Collector’s Report – Measure of Enforced Collections • Tax Assessor's Report – Releases/Refunds under $100 • Memorandum - Petition Regarding Assessment of “Southeast Rural Buffer Triangle” • Memorandum - Response to Petition Regarding Development of Affordable Housing within Orange County • Request for Information on the Orange County Electric Vehicle Charging Stations • Memorandum - Orange County Local Roots Festival 2020 (formerly Orange County LocalFest) 13. Closed Session None 14. Adjournment A motion was made by Commissioner Price, seconded by Commissioner Bedford to adjourn the meeting at 8:05 p.m. VOTE: UNANIMOUS Penny Rich, Chair Sherri Ingersoll Deputy Clerk