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HomeMy WebLinkAboutAgenda 11-07-19 Item 8-a - Minutes 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 7, 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. October 3, 2019 BOCC Work Session October 15, 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 WORK SESSION 7 October 3, 2019 8 8:00 p.m. 9 (following the Joint Meeting with the Fire Chiefs' Council) 10 11 The Orange County Board of Commissioners met in a work session on Thursday, October 12 3, 2019 at 8:12 p.m., following the Joint Meeting with the Fire Chiefs' Council at the Whitted 13 Human Services Center in Hillsborough, N.C. 14 15 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta 16 Bedford, Mark Dorosin, Mark Marcoplos, and Renee Price 17 COUNTY COMMISSIONERS ABSENT: Earl McKee, Sally Greene 18 COUNTY ATTORNEYS PRESENT: John Roberts 19 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County 20 Manager Travis Myren, and Deputy Clerk Sherri Ingersoll (All other staff members will be 21 identified appropriately below.) 22 23 Chair Rich called the meeting to order at 8:12 p.m. 24 25 1. Discussion on Public Comments at BOCC Meetings 26 The Board met to discuss any potential changes to the Board's current framework regarding 27 public comments at BOCC meetings. 28 29 BACKGROUND: 30 At the September 10, 2019 work session, the Board had a brief discussion related to public 31 comments occurring at work sessions. 32 33 At the September 17, 2019 Regular Board Meeting, a request was made by a member of 34 the public that the Board consider providing the opportunity for public comments at all 35 BOCC meetings. 36 37 North Carolina General Statute 153A-52.1 establishes a baseline for public comment at 38 BOCC meetings. The statute requires the BOCC to "provide at least one period for public 39 comment per month at a regular meeting of the board." Orange County far exceeds this 40 baseline and also exceeds what is provided by many other counties. 41 42 The current Rules of Procedures for the Board of County Commissioners, Rule 9, "Public 43 Comment for Items not on the Printed Agenda", provides the opportunity for public comment 44 on any topic at the beginning of all Regular Meetings under Item #2. Speakers are required 45 to sign up to speak, and are allowed three minutes each after being recognized by the Chair 46 of the Board of Commissioners. 47 48 The Rules of Procedure also include a comment stating: 49 "The board may decide as a matter of general policy to set aside part of each meeting for 50 individuals or groups to address the board. The rule allows any individual or group to get on 51 the agenda, but lets the board decide whether there is time to hear its comments." 2 1 2 The Board's current operational framework also provides for public comments on all items 3 appearing on Regular Meeting agendas. This includes Resolutions, Presentations, Public 4 Hearings, and all other items that appear on a Regular Meeting agenda. 5 6 The Board's current framework also provides the opportunity for public comment at any 7 other specific Public Hearings as may be scheduled by the Board, such as the separate 8 Budget Public Hearings meetings conducted each year by the Board. 9 10 There is no current specific written policy regarding public comment at non-Regular BOCC 11 meetings. However, the Board's general practice for more than 20 years has been that non- 12 Regular BOCC meetings are opportunities for Board members to study, discuss and 13 evaluate issues among themselves, with governing boards from other jurisdictions, and with 14 staff. Since those non-Regular Meetings by practice have rarely incorporated actual 15 decisions made by the Board, opportunities for public comments have been focused to 16 Regular Meetings when the Board is specifically considering decisions on respective issues. 17 18 This item provides the opportunity for the Board to discuss its current public comment 19 framework for Regular Meetings as referenced above, as well as the public comment 20 framework for all other Board meetings. Those other Board meetings include, but are not 21 necessarily limited to: 22 Regular Work Sessions 23 Budget Work Sessions 24 Annual Board Retreats 25 Joint Meetings with Chiefs' Council 26 Joint Meetings with the Schools 27 Any Other Joint Meetings 28 Legislative Breakfasts 29 Special Meetings 30 Meetings Specifically for Closed Session Matters 31 32 Chair Rich said Commissioner McKee and a resident, brought up this issue at a 33 recent meeting. 34 John Roberts said it came up because a lot of false information was being spread, 35 alleging that the Board of County Commissioners (BOCC) was talking about things behind 36 closed doors, which was not true. He said an item was just opened for discussion, and no 37 vote was taken. He said the public does have an opportunity to make comments at public 38 hearings, and the Board allows public comment at all regular meetings, which is well above 39 the state mandated requirement. He said the topic in question was always intended to be 40 continued to another time, and public comment was to be accepted prior to any vote being 41 taken. 42 Chair Rich said the Attorney's comments are based on page 15 of the booklet, 43 where the procedures are outlined, and the Board did nothing unusual. She said the Board 44 is being pressured to allow comments at work sessions, and has previously made the 45 decision not to do this. 46 Commissioner Dorosin said the points are all well taken, but in the abstract it says 47 there is no written policy about non-regular meetings. He asked if the Board should codify 48 some version of the Procedures that would specifically state a policy on public input. He 49 summarized that public comment is allowed at all regular meetings, and the philosophy 50 behind work sessions is to interact more directly with each other in an informal setting. He 51 said no votes are taken, and any matter that is discussed must come to a regular meeting to 3 1 allow public comment prior to a vote. He said public comment can also be made even 2 when an item is not on the agenda. He said this situation involved a deliberate 3 misinformation campaign, and the Board should write something to provide a consistent, 4 clear explanation. He said the agenda abstract used to indicate if an item was public or not. 5 He said this did help to bolster what the Board is trying to do. He said if there is nothing 6 specific in the Procedures, the Board should set the expectations and manage them. He 7 said he values work sessions to brainstorm and share ideas; and there are not many of 8 them, and offering an hour of time for public comment takes away from the discussion time. 9 Chair Rich asked if this feedback makes sense to staff. 10 John Roberts said yes, and staff can put this in place if the Board so chooses. 11 Commissioner Marcoplos said it is important to make sure the work sessions are 12 defined, and the discussions that occur allow the Board to be ready to create items that can 13 be presented to the public. He said the public has many opportunities to talk, and this is 14 just a solution without a problem. 15 Chair Rich said she feels that while it is important to just be able to talk, allowing 16 Public Comment at that previous work session would not have been helpful. She agreed it 17 is important to manage expectations. 18 Commissioner Marcoplos said misinformation is a problem, and allowing people to 19 beat the drum on their favorite issue just creates a game. 20 Commissioner Bedford said she does not want to pick and choose issues to allow 21 public comment. She asked if the Board ever changes the amount of time people can 22 speak, to allow more people to talk. 23 Chair Rich said the Board has tried this, but the Board settled on three minutes per 24 person, and 1 hour in total. She said if there were more people to speak, the Board has 25 traditionally voted to extend the comments to over an hour, for that particular meeting. 26 Chair Rich said it should be done consistently, and the Board should not pick and 27 choose hot button issues. 28 John Roberts said the Procedures say the Board can suspend the rules, but he likes 29 Commissioner Dorosin's idea of not extending public comment to work sessions. 30 Commissioner Marcoplos said work sessions are essential, and should not cater to 31 a certain desire. 32 Commissioner Dorosin said a work session should be defined in writing, and it made 33 clear that public comment is offered only at regular meetings. He said this paragraph 34 should be put at the top of the work session agenda, along with the date for the next 35 opportunity for public comment. He said the Board should not get hung up on what people 36 want to talk about, as the Board offers more opportunities for public comment than other 37 counties in the state. He said people have the chance to talk with the Board, and the Board 38 wants to hear what the public has to say; but work sessions are intended for a different 39 purpose. 40 Commissioner Marcoplos said work sessions are not private, and the public can 41 attend and listen. 42 Commissioner Price said the booklet already says that, and asked if the Board can 43 add an explanation that the Board does not conduct regular business at work sessions. 44 Commissioner Bedford said she has received requests to provide childcare at 45 meetings to allow better access. She said currently comments can be made about items 46 not on the agenda at the beginning of a regular meeting, but one must wait until later to 47 comment on items that are on the agenda. She said maybe the Board should also allow for 48 comment on items on the agenda at the beginning, so that parents with young children can 49 go home and get them to bed. 50 Chair Rich said the Board tries to be flexible if someone mentions they have 51 concerns with the agenda and timing. 4 1 Commissioner Bedford said the Board should let the public know this 2 accommodation is available. 3 Chair Rich said the consensus seems to be to bring this topic back to a regular 4 meeting with some proposed wording to manage expectations. 5 John Roberts said he will put it on an agenda and allow for public comment, and will 6 make the desired changes. 7 Bonnie Hammersley said she was reminded that this issue was not only regarding a 8 public work session, but also other types of meetings. 9 Greg Wilder, Manager's Office, said there are different types of meetings: special 10 sessions, meetings with other jurisdictions, budget work sessions, the retreat, legislative 11 breakfasts, Assemblies of Governments (AOG), etc. He said the petition refers to all types 12 of meetings. 13 Commissioner Dorosin said this practice should apply for all types of meetings, 14 except regular meetings. He said there are plenty of regular meetings per month, and any 15 other types of meetings are like work sessions. 16 Commissioner Price suggesting adding a section on when public comment is 17 allowed. 18 Commissioner Dorosin said there needs to be a section describing what work 19 sessions are and why. 20 Commissioner Price said there is already a section, but it is not as descriptive as 21 what is being discussed tonight. She agrees with Commissioner Dorosin, but also wonders 22 if the Board should spell out public comment in each type of meeting. 23 Commissioner Dorosin said it is important to define a work session specifically. 24 Bonnie Hammersley said she likes Commissioner Dorosin's suggestion of putting 25 something at the top of the agenda stating that it is not an opportunity for public comment. 26 Commissioner Dorosin suggested the following language: "Work Sessions are 27 designed to xxx", and address no public comment. He said if it is spelled out, people will 28 better understand. He said boilerplate language can be used, and just change the date to 29 indicate the next opportunity for public comment. 30 Chair Rich asked if the same information should be listed for all meetings, e.g.: AOG 31 meetings. 32 Commissioner Dorosin said there should be two categories: regular meetings and 33 work sessions (with all other meetings being work sessions). 34 Greg Wilder said the statement that the Board does not make decisions at work 35 sessions is not totally correct, as the Board occasionally votes. He said John Roberts will 36 need to figure out the best way to word this. 37 Commissioner Dorosin said the AOG is not a voting situation; it is just a type of 38 agreement. 39 Commissioner Bedford said the Rules of Order state that votes are possible at joint 40 meetings. 41 Greg Wilder said he has seen motions made, seconded, and voted on at AOG 42 meetings. 43 Bonnie Hammersley said a vote can be taken at any meeting that has a quorum, 44 and not have to bring it back. She said even at budget time, the vote is not concrete until it 45 is a final vote when the budget is approved. 46 Chair Rich said John Roberts will come up with language, and the Board will discuss 47 it at a regular meeting. 48 49 2. Discussion of County Commissioners' Terms on Advisory Boards and 50 Commissions 5 1 The Board discussed the length of the terms that members of the Board of County 2 Commissioners serve on Advisory Boards and Commissions. 3 4 BACKGROUND: 5 At the BOCC Special Meeting on December 18, 2018, the Board began a discussion on the 6 length of terms that BOCC members serve on the various County Boards and 7 Commissions. Based on a desire for further discussion, the topic was scheduled for a late- 8 2019 work session. 9 10 Chair Rich said the Board tried to change up the policy about not allowing people to 11 stay on boards for an indefinite time period, and this seems to be understood in different 12 ways by different people. She said there needs to be some clarification about whether one 13 chooses the same board two or four years in a row, or if one chooses a board and keeps it 14 for 2 or 4 years. 15 Commissioner Dorosin said his intent was that every board gets picked every year, 16 and after picking the same board 2 or 4 years in a row, one cannot save that board again; 17 but one could choose it again if no one else does. He said this practice encourages 18 Commissioners to take on different roles. 19 Chair Rich said one can only choose one save each year, and can stay on it for four 20 years. 21 Commissioner Marcoplos said his perspective is slightly different. He said, when 22 picking intergovernmental boards, it takes longer to be effective. He said it is not about 23 limiting the time, but it is the time that is needed to have an effective representative on a 24 board. He said if the Board says one needs two years to become effective, there is a value 25 being placed on the tenure; but if only one board can be saved then it does not work. He 26 said it needs to be a team effort, and the Board should determine the best approach to 27 dealing with this in the County. He asked if it should it be like a fantasy draft, or should 28 there be limitations and expectations to be on that board for two years. He said there 29 should be some way to make sure people are on the same boards long enough to be 30 effective. 31 Commissioner Price asked if there is a way to determine effectiveness. 32 Commissioner Marcoplos said, for example, GoTriangle has a lot going on at the 33 board, and if someone else grabs it next year, it may not help the overall concern. 34 Commissioner Price asked if there is a way to decide which person should be on a 35 board. 36 Commissioner Marcoplos said one should be able to pick a board when the time 37 limit is up. 38 Commissioner Price said she thought the intent is for all to experience being on 39 different boards, and to prevent any one person for staying on one board for 10 years. She 40 said reports are good, but rotating the roles creates the opportunity for others to experience 41 it. 42 Commissioner Dorosin said all Commissioners should be somewhat familiar with all 43 areas of the County. He said he does not agree that one needs to be in the position for 4 44 years to be effective. He said if a Commissioner is in a 4-year role, but is doing a bad job 45 after year one, he feels that he should be able to have the opportunity to be on that board, if 46 he thinks he can do a better job. He said another downside of serving too long is it 47 encourages other Commissioners to check out on issues. He said he can accept that there 48 is a learning curve, but people get tracked into their preferred areas and become experts, 49 and that does not keep everyone engaged. He said, with this approach, one still has a 50 save, but it puts pressure on the rest of the Board to be involved in some aspect. He said 51 he does not think anything is too complicated for any Commissioner to learn, and all should 6 1 be able to rotate these duties. He said he is on the Fire Chief's Council this year, after 2 Commissioner McKee was on it for years. He said he did not have a good idea of what the 3 issues were or what was going on, but he sees value in being able to be involved and 4 learning. He said he looks forward to someone else taking on this role next, and the 2 to 4 5 year limits seem reasonable to him. 6 Commissioner Marcoplos said it takes time to fully understand some of these 7 boards, and it would be useful to be able to use the knowledge one has taken time to 8 acquire, in order to be effective. He said the Board has the responsibility to serve 9 effectively, and there is some tension there with the desire to have experience in a variety of 10 roles. He said the transportation stuff is very complicated, and it just takes time to learn it, 11 and then 2-3 years to be able to be effective. He said there is not a magical formula, and 12 agreed that if a Commissioner screws up, it needs to be addressed. 13 Commissioner Price said she has an issue with "best representation". 14 Commissioner Marcoplos said it is not a personal thing, and if one serves on a 15 board for 2 years, that person is better qualified to serve than one who has never been on 16 said board. 17 Commissioner Price said someone could have a background in an area already, but 18 it is advantageous for the Board as a collective to get experience in different areas, as all 19 will need to address issues. She said sometimes board by-laws need to be changed. 20 Commissioner Marcoplos said time adds to effectiveness, and allows 21 Commissioners to best serve the County. 22 Commissioner Dorosin asked if the 2 and 4 model works. He said he thinks it does, 23 as the burden is on each Commissioner to pick a save about which he/she is passionate. 24 Commissioner Marcoplos said there is only one pick, and asked if it is a good thing 25 for the Board to allow changes. He said the limitation is fine, and he wonders if there 26 should be more saves. 27 Commissioner Bedford said there are experts on the staff to assist new members to 28 get up to speed. She said a higher-level question is to consider the Commissioner's role as 29 a board member. She said, on the intergovernmental boards, the Commissioners serve as 30 more of a liaison for the BOCC. She said each Commissioner has areas of expertise/ 31 interest, which is why he/she has chosen the boards. She said no one needs to be an 32 expert, and to be a high functioning Board, it is critical to share power and control. She said 33 she is hearing a fear that one may come to a board, and not do as well as someone else 34 can, and that should not be the motivation. She said all have special interests, and she 35 does not want to poach if someone else has a high interest. She said she has been in the 36 fear situation with the school boards, and voted out of that fear forgetting that staff and other 37 board members are available to help and support. She said it is important to have the 38 limitations and depth across the bench. 39 Commissioner Marcoplos said he is not scared, but wants to figure out a best way to 40 be effective. He said attending one or two meetings is just the tip of the iceberg, as there 41 are a lot of other things that happen behind the scenes. 42 Chair Rich said Community Home Trust (CHT) is changing the way it handles its 43 business, and CHT requested that the person who comes from the elected board should 44 serve a three-year term, because one is not effective until then. She said there will also be 45 limitations of two three-year terms, regardless if you are an elected official. She said she is 46 not certain if CHT wants Commissioner McKee to come back; but CHT is changing up their 47 policies to address an issue. 48 Commissioner Dorosin said that approach is inconsistent with BOCC policies. He 49 said BOCC policies should be dictated by what other agencies want. He said, in the time 50 he has served on the intergovernmental boards, he has found it discouraging that other 51 counties keep the same members on the board forever, as this makes the board less 7 1 effective. He said in Orange County every Commissioner has a chance to participate, and 2 continuity can turn into exclusivity. 3 Commissioner Marcoplos agreed. He said boards like GoTriangle have voting 4 power that is equivalent to an elected body, which gives a different level of power. He said 5 this makes these boards on a level playing field on key decisions, and makes them 6 different. 7 Commissioner Dorosin said this fact supports his desire for limitations. 8 Commissioner Marcoplos said he would set limitations, but also assure good 9 representation with an experienced representative. 10 Commissioner Dorosin said that is the reason for the save. 11 Commissioner Price said the same issue exists on the BOCC, with members who 12 have served for many years and may have greater experience. She said all Commissioners 13 have the ability make decisions, and the BOCC often votes separately on issues related to 14 GoTriangle, etc. 15 Commissioner Dorosin said there are some boards that have the BOCC chair as the 16 representative, and chairs change every few years, so continuity is not there. 17 Commissioner Marcoplos said he desires for the BOCC to get the most bang for its 18 buck with Board representation, and he understands it will never be perfect. 19 Chair Rich said the Board needs look at section 6-a to make this clear. She said the 20 Board will do a 2-year limit and 4-year limit (not terms), and still allow one save. She asked 21 if this choosing process is Board policy or a directive. 22 David Hunt, Deputy Clerk, said it was something the Board came up with. 23 Bonnie Hammersley said it should be a Board rule, and a future Board can change it 24 if it so chooses. 25 Greg Wilder said there is a written document that spells out the rules and process, 26 but it needs to be amended. 27 Chair Rich said there should just be a one-paragraph change, and see how it works. 28 29 3. Discussion on Reserving County Advisory Board and Commission Seats to 30 Ensure Racial and Ethnic Representation and the Addition of "Age" to 31 Volunteer Application Forms 32 33 The Board met to discuss: 34 1) reserving County Advisory Board and Commission seats to ensure racial and ethnic 35 representation; and 36 2) the addition of an "Age" item on Advisory Boards and Commissions Volunteer 37 Application Forms. 38 39 BACKGROUND: 40 At the June 4, 2019 BOCC Regular Meeting, it was requested that the Board of 41 Commissioners discuss the possibility of reserving seats on County Advisory Boards and 42 Commissions to ensure racial and ethnic representation. 43 44 At the September 17, 2019 BOCC Regular Meeting, it was requested that the Board of 45 Commissioners discuss the possibility of adding an "Age" item on Advisory Boards and 46 Commissions Volunteer Application Forms. 47 48 Commissioner Dorosin asked if there are legal issues with setting aside seats based 49 on race. 50 John Roberts said that looks like a quota, which would not be good; however, it is 51 legal to target recruitment efforts to increase membership based on race and to have 8 1 diversity on the boards. He said he would not recommend setting aside one or two seats, 2 but having a goal of diversity and targeting recruitment efforts towards achieving diversity is 3 perfectly legal. 4 Commissioner Dorosin said the Board could include a statement, in the recruitment 5 process, which says Orange County believes in insuring diverse representation, and 6 hearing from a range of voices a diverse population, and ask how the applicant's 7 appointment to the board would contribute to achieving this diversity. He said this would 8 allow the applicants to describe it themselves, and gets buy-in for being on the board. He 9 said the desire for diverse representation is one of the Board's social justice values and, 10 stating it as such, helps to establish expectations. 11 Chair Rich said the application form is 8 pages long, which can turn deter people 12 from applying. She said there is also a problem with putting this type of information in the 13 in-house database. 14 David Hunt said some of the current application is disclaimers for certain boards, 15 and instructs an applicant what they must agree to to serve on the board. He said a lot of 16 questions are asked, and there is not consistency among all boards. 17 Commissioner Dorosin suggested setting up a subcommittee to review the entire 18 process. He said it is important to apply, but applicants do not need to be experts. He said 19 he would volunteer to be on the subcommittee. He said most of the boards are full, so 20 maybe the application is not a deterrent. 21 David Hunt said part of the hypothesis is that, the more complex the form, the less 22 people want to complete it. 23 Commissioner Price said she originally raised this agenda item, and her concern is 24 not with the length of the application. She said the issue is increasing diversity, and the 25 Board has done a poor job at this. She said some boards have asked the BOCC to wait to 26 get a certain type of person, which is fine. She said recently, the BOCC had an opportunity 27 to add diversity, but the board was primarily white. She said the people who have applied 28 are not able to get on a board when they want to, because they might not be seen as 29 having the right qualifications. 30 Commissioner Rich said she does not believe this to be true anymore. She said the 31 BOCC voted to put 3 people of color on the Visitor's Bureau Board. She said efforts are 32 being made. 33 Commissioner Price said she has tried to get people of color onto boards, and the 34 BOCC has voted against it. 35 Chair Rich said in general boards are trying. She said there is a certain group of 36 people that are abused by serving on too many boards, and a diversity of people needs to 37 be found. 38 Commissioner Price said she is concerned with the selection actions of the BOCC, 39 and when opportunities arise to put people of color on a board, the BOCC is failing to be 40 intentional. 41 Chair Rich said the BOCC is not picking applicants because of being personal 42 friends with them. She said that is not a good statement to put out there. 43 Commissioner Price said sometimes people are appointed because a Commissioner 44 knows them. 45 Chair Rich said one can know an applicant for many reasons, and not necessarily 46 be friends with them. She asked if creating a subcommittee would be a long process. 47 Commissioner Dorosin said that an 8-page form is discouraging people from 48 applying, as it is daunting. He said the Board should be conscious of adding more 49 requirements. He said the Board either needs to jettison some of it, or do something else; 50 and he believes it is best to jettison some of these additional requirements. He said if one is 51 interested, one should be able to apply. He said it is important to have some questions to 9 1 address diversity. He said many of the recommendations come from the boards, and there 2 needs to be training or outreach offered to these boards to encourage diverse recruitment. 3 He said there may not be targeted outreach, or there may not be diverse applicants that are 4 applying, but there are more components to the issue than decisions being made by the 5 BOCC. He said it is important to be supportive of the boards, and if they have vetted 6 applicants, the BOCC leans on that recommendation. He said diversity is a value and a 7 goal, and the question should be how to operationalize that goal. He asked if the Board 8 should be making appointments at work sessions to allow deeper review and discussion. 9 Chair Rich said she does not like to hurriedly make appointments at the end of 10 regular meetings, and likes the possibility of discussing them at a work session, and 11 appointing at a regular meeting. 12 Commissioner Dorosin said this process would give the Board an opportunity to 13 review the diversity, and ask the chair of the Advisory Board what type of recruitment they 14 did. 15 Commissioner Price said if an applicant of color applies, but is not recommended to 16 the BOCC, she would like to know why. 17 Chair Rich said the subcommittee will be Commissioners Dorosin and Price, who will 18 meet with David Hunt and Donna Baker. She said to be sure to take into consideration 19 ways to get the age of the applicant. She said the BOCC got a lot of accolades about 20 having an 18 year old on the Housing Advisory Board. 21 Commissioner Dorosin said the BOCC should ask the question about what an 22 applicant can bring to the board to help achieve the diversity goal. 23 Commissioner Marcoplos said he is always struck by the lack of young people, and 24 wants to get them involved. He asked if there is a reason to not ask an applicant's age. 25 Commissioner Bedford said it can be discriminatory. She said if it were up to her 26 she would not ask age, race, or ethnicity. She said there is a big social problem of trust, but 27 diversity is important. 28 Commissioner Marcoplos asked if the questions could be optional. 29 Commissioner Bedford said yes, but one will feel pressured to fill it out if it is on the 30 application. 31 Commissioner Dorosin said if the question asks age, then the BOCC just knows a 32 number. He said he would rather see the person who wants to bring the perspective of the 33 young person, and the Board must be cautious about reducing the application to any one 34 metric. He said asking the aforementioned question is more valuable. 35 Commissioner Marcoplos said he appreciates the point, but he would like to make it 36 easy to decipher the information. 37 Commissioner Dorosin said this can be addressed with the Advisory Board's 38 recruitment practices, and asking if recruitment is occurring in a variety of places (UNC, 39 Young Republicans, Young Democrats, etc.). 40 Chair Rich asked if there is a way to reach out to the current boards that are making 41 recommendations. 42 Bonnie Hammersley said staff support for each board leads the recruitment, and 43 would talk directly to the boards. She said she could attend these meetings, and talk about 44 recruitment. She said staff support calls Thom Freeman-Stuart in the Clerk's Office about 45 open seats. 46 Chair Rich summarized the following action steps: 47 • subcommittee should revise the application, including Commissioner 48 Dorosin's question. It should be kept to 2 pages, with links to further 49 information if necessary. 50 • consider changing the applications review to a work session. Let's keep the 51 application to 2 pages. 10 1 Thom Freeman-Stuart said he is willing to speak to groups around the community 2 about serving on boards to drum up greater interest. He asked if the BOCC would let him 3 know which groups to contact. 4 Commissioner Price said she has information about two upcoming meetings. 5 Chair Rich said the National Association for the Advancement of Colored People 6 (NAACP) meets on Saturdays. 7 Commissioner Price said she would get Thom Freeman-Stuart connected there. 8 Commissioner Dorosin said all of the Commissioners should consider taking some 9 responsibility on recruitment. He said everyone has access to different groups, and it is a 10 recruitment issue. 11 Commissioner Bedford said perhaps this issue can be advertised at the radio 12 summit. 13 The Board agreed by consensus that this was an excellent idea. 14 Chair Rich asked if the BOCC wants to discuss applicants at work sessions. 15 Commissioner Dorosin said this topic needs more discussion, and he is not sure the 16 best way to do it. 17 Commissioner Price said she would like to try it and see what works. 18 Commissioner Marcoplos said at the last meeting the BOCC spent a lot of time on a 19 lot of applicants. He said he never really understood the thought process of his fellow 20 Commissioners, and wonders how to balance the desire for racial diversity with 21 compellingly competent applicants. He said he would like to have the chance to hear how 22 Commissioners reached their decision to recommend one applicant over another. 23 Commissioner Dorosin said it is good to spread them out over the meetings. 24 Thom Freeman-Stuart said there are 8 advisory board appointments coming up for 25 the 10/15 meeting. He asked if these should be moved to the November work session. 26 Greg Wilder said that the Board can push the appointments to the November work 27 session, but that moves the appointments to December. He said perhaps more 28 appointments could be grouped together at that time. 29 Commissioner Bedford said the Board should not delay any appointments to the 30 Nursing Home Advisory Board that have completed their first year, and should be 31 automatically appointed. She said the BOCC should be mindful of how quickly these 32 vacancies need to be filled. 33 Thom Freeman-Stuart said he can come to agenda review on Monday to consider 34 which appointments should be reviewed sooner rather than later. 35 The meeting concluded at 9:52 p.m. 36 37 Penny Rich, Chair 38 39 Sherri Ingersoll 40 Deputy Clerk 1 1 Attachment 2 2 3 DRAFT 4 MINUTES 5 BOARD OF COMMISSIONERS 6 REGULAR MEETING 7 October 15, 2019 8 7:00 p.m. 9 10 The Orange County Board of Commissioners met in regular session on Tuesday, October 15, 11 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 Deputy Clerk Sherri Ingersoll (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 23 1. Additions or Changes to the Agenda 24 25 Handouts: 26 - 6-a PowerPoint— Hurricane Florence Hazard Mitigation Program 27 - 6-a Handout— Eno-Haw Regional Hazard Mitigation Plan 28 - 6-a Handout— Eno-Haw Regional Hazard Mitigation Plan Public Survey 29 30 PUBLIC CHARGE 31 Chair Rich acknowledged the public charge. 32 33 Arts Moment 34 Katie Murray, Arts Commission Coordinator, introduced the artist: 35 Peter Guzzardi has worked in publishing for more than forty years. Prominent books he has 36 edited include Stephen Hawking's A Brief History of Time, Deepak Chopra's Ageless Body, 37 Timeless Mind, Queen Noor's Leap of Faith, Arianna Huffington's Fanatics and Fools, and 38 Paula Poundstone's There's Nothing in This Book That I Meant to Say. Emeralds of Oz: Life 39 Lessons from Over the Rainbow was published by HarperCollins in May 2019 and marks 40 Peter's debut as an author. An independent editor and writer, he has lived in Chapel Hill for the 41 past 20-plus years. 42 43 Peter Guzzardi read from the chapter, "Ninth Emerald: There's No Place Like Home" 44 from his book. 45 46 2. Public Comments (Limited to One Hour) 47 48 a. Matters not on the Printed Agenda 49 Laura Cotterman said she has been very impressed with the Commissioners' efforts 50 with the task of averting climate congestion. She said time is of the essence, and asked if the 51 Board of County Commissioners (BOCC)would look into the investment portfolio of the 2 1 County employee's retirement plan with regard to oil, gas and coal investments, as well as 2 other County investments, and request the State Treasurer to remove these funds 3 immediately. She said oil, gas and coal companies are resisting this divestment, but doing so 4 is a powerful tool. She said 14% of funds in these investments that have been divested 5 already are in pension plans and other retirement plans. She said she receives a pension 6 from the State. She encouraged the Board to pursue this, and inspire others to do the same. 7 Chair Rich said this would be taken up as a petition. 8 Riley Ruske said he presented a letter to the Board of County Commissioners and a 9 petition on September 3, regarding reciting the Pledge of Allegiance. He said he recently 10 received a letter from the Board Chair with a response, but some items have not been 11 discussed. He said this letter is an inadequate response, as it does not address all of the 12 points in the petition, and he considers this letter as a non-response to the petition. He said 13 he is resubmitting this petition, and expects the Board to publicly discuss and vote on it. He 14 said the public has a right to know how each member feels about reciting the pledge, and the 15 social justice and inclusiveness impacts of doing so. 16 17 b. Matters on the Printed Agenda 18 (These matters will be considered when the Board addresses that item on the agenda 19 below.) 20 21 3. Announcements, Petitions and Comments by Board Members 22 Commissioner McKee said he had no comments. 23 Commissioner Greene said she had no comments. 24 Commissioner Marcoplos said he had no comments. 25 Commissioner Price said she attended the Triangle J Council of Governments' 26 Summit where keynote speaker Michael Goodman, gave a wonderful presentation about 27 "Assistance Approach". She said she sat in on a workshop relating to a regional approach to 28 housing, where one of the panelists was from the County's Department on Aging. She said 29 this staff member is creating a database on housing needs. She said she also attended a 30 workshop on financing local resilience strategies. She said no additional workshops are 31 planned at this time, due to a lack of funding. 32 Commissioner Price said she has attended the collaboration meetings with the 33 municipalities. She said in the Chapel Hill meeting, the group discussed looking at the 34 environmental study. She said all involved want to place emphasis on this, including some 35 neighbors to the Greene Tract, with whom she spoke. 36 Commissioner Price said the Board received a letter from the Northern Orange MILK, 37 Jr. commemorative committee, regarding the 25th year of their hosting events. She asked if 38 the Board could respond to this letter. 39 Commissioner Bedford said she had no comments. 40 Commissioner Dorosin said he received an email on September 22 about sidewalks 41 around Hillsborough and Orange County schools, and the need for walkable ways to get to 42 school. He said there was also a March email from the Manager that said the issue would be 43 addressed with staff, but nothing seems to be getting done. He said he would like to see a 44 more aggressive plan. He said the Board is not in the business of sidewalks, but it is in the 45 business of public safety and environmental justice, and he would like to see this issue back 46 at the top of the Board's agenda to see what it can do to incentivize walking paths. 47 Chair Rich said the Chair and Vice Chair just had conversation about this with 48 Hillsborough, and there is money in the budget to do a study. She said this is a priority issue. 49 Bonnie Hammersley said money was budgeted for a study in order to determine if a 50 bike-ped path or walking paths would be better. She said this study and research will be 51 done in advance of the budget, and staff will meet with the partners to see how to move 52 forward, once the study is completed. 3 1 2 Commissioner Dorosin said the schools need to be involved. He said school safety is 3 important, and getting to and from school is a critical issue. He asked if this could be added 4 to a school collaboration meeting agenda. 5 Chair Rich said the school collaboration team is meeting on Friday, and there has 6 been some confusion about these meetings. She said a facilitator is needed for these 7 meetings, and one has recently been found. She said the Clerk's office is working on some 8 dates in January or February for the School Boards to meet, and this will be a topic of 9 discussion. 10 Chair Rich said that Commissioner Dorosin talked at a recent meeting about universal 11 pre-K, and made a petition to look into it. She said there is some information already 12 gathered, and staff is continuing to research this idea. 13 Chair Rich said that the Latina Center opened on UNC campus on October 4, which is 14 exciting. She said she went to an Ambassador Program meeting at the School of 15 Government, and applications to this program are available. She said they talked about 16 having civil conversations for four hours, including some conversation about charter schools, 17 with 95% of the room being on the same page about charter schools. 18 Chair Rich said she is making a petition to review taking Board meetings on the road. 19 She said smaller counties are doing this once or twice a year, and she would like to see how 20 difficult this would be for the BOCC to do. She said the meetings could not be broadcast, but 21 others have used Facebook Live or other ways to capture the meeting. She asked staff if this 22 is logistically possible to try in the northern and western parts of the County. 23 Chair Rich said Durham Councilwoman Javiera Caballero has been getting criticism 24 as being a non-legitimate person, which is untrue, and offered the Board's support of her. 25 26 4. Proclamations/ Resolutions/ Special Presentations 27 28 a. Recognition of Cedar Ridge High School Students for Video Presented at the 29 United Nations 30 31 BACKGROUND: Digital Promise Global, the United Nations SDG Action Campaign, and 32 Oculus launched MY World 360°, supporting youth worldwide to create 360' media as a way to 33 share their perspectives and advance positive action toward the 17 Sustainable Development 34 Goals (SDGs) adopted by the United Nations in September 2015. 35 36 The program aims to drive youth engagement and agency, improve youth understanding about 37 global issues impacting communities around the world, build young people's technical 38 production skills with new media, and spur public awareness and action. 39 40 Students, under the direction of Cedar Ridge Videography Instructor Andrea DeGette, wrote, 41 produced and edited a short film titled, "Around the Same Table." Students from 24 nations 42 submitted 76 videos to MY World 360°. Nine were chosen to be screened at the summit. 43 Degette applied for an equipment grant through Digital Promise Global and Oculus in spring 44 2019. 45 46 Justus Alder, who graduated from Cedar Ridge in 2019, filmed and edited "Around the Same 47 Table." Former Cedar Ridge student Alexis Barnes, a graduate from UNC's Hussman School of 48 Journalism and Media, taught students how to use the 360 virtual reality equipment. Alder and 49 Cedar Ridge senior Charles Bunker were featured in the video. 50 4 1 Todd McGee, Community Relations Director, introduced Andrea DeGette. He said this 2 was an international competition at the UN with 76 entrants from 24 countries, and Cedar Ridge 3 was one of nine to be chosen at the summit. 4 Andrea DeGette introduced her student, Justus Alder, and thanked the Board for 5 showing the film tonight. She said they acquired an equipment grant to make a film about local 6 farming, and how it brings various parts of the community together around the issue of 7 sustainability. She said her students Justus Alder and Charles Bunker work in farming, and 8 came together to create this project. She said Justus Alder received an all-expenses paid trip to 9 the United Nations to represent Cedar Ridge's videography program. 10 Justus Alder said Orange County is a great place that is big on sustainable farming. He 11 said he hopes people will continue to work together on this issue. 12 A member of the public asked how they distribute food to those who need it. 13 Justus Alder said they have a partnership with the Methodist Church in Cedar Grove, 14 and also drive it door-to-door to meet needs. 15 Chair Rich said this was an awesome presentation, and it is evident how much effort 16 was put into making this work. She thanked Justus Alder for all that he does, and congratulated 17 him on his accomplishments. 18 19 b. Orange County Arts Commission 2019-20 Grant Recipients 20 The Board presented grant checks to local artists and arts organizations receiving 2019- 21 20 Orange County Arts Grants. 22 23 BACKGROUND: The Orange County Arts Commission (OCAC) awards grants to local artists, 24 schools and nonprofit organizations from funds received from the state and Orange County 25 government for this purpose. These funds are distributed for arts projects and programs in all 26 arts disciplines. TOTALS FY17-18 FYIS-19 FY19-20 NC Arts Council Funding $36,913 $40,594 $36,703 Orange County Funding $28,800 $28,800 $28,900 TOTAL AVAILABLE FUNDING $65,713 $69,394 $65,503 Total dollar amount requests $162,334 $163,959 $187,560 Total grants awarded 33,or 60%of requests 38,or 57%of requests 43,or 53%of requests Total applications received 55 67 80 Total first-time applicants 18,or 38%of applicants 29,or 47%of applicants 30,or 38%of applicants 27 First-time applicants awarded 8,or 17%of awards 12,or 32%of awards 10,or 23%of awards 28 29 The OCAC grant review and awards process is as follows: 30 31 1. The grant application process is open for two full months. During these two months, 32 three training sessions are hosted throughout the County and the OCAC Director is 33 available for one-on-one meetings. An "early review" deadline is offered one week ahead 34 of the due date, allowing applicants to have staff review applications and receive 35 feedback. 36 2. After the due date, the OCAC Director conducts an initial compliance review. 37 Applications are checked for insufficient/missing financial documents, missing work 38 samples, and completion of the correct type of application (for example, organizations 39 must submit a Grassroots Arts Program Grant and cannot submit Artist Project Grant 40 applications). Applications found noncompliant are considered disqualified. 41 3. Qualified applications are forwarded to members of each review panel for initial review 42 and scoring: 5 1 a. Visual Arts: Composed of OCAC Board Members with visual arts expertise, as 2 well as one visual arts professional from the community. 3 b. Performing Arts: Composed of OCAC Board Members with performing arts 4 expertise, as well as one performing arts professional from the community. 5 c. Arts in Education: Composed of OCAC Board Members with public education 6 experience. 7 4. Non-governmental Grassroots Arts Program (GAP) applicants are also evaluated by a 8 Financial Review Panel that evaluates the organization's submitted financial documents 9 to determine financial solvency and stability. Factors considered include the ratio of 10 administrative or fundraising expense in overall budget, as well as a deficit or surplus 11 without explanation and/or stated plan. 12 5. Each panel meets in person to evaluate assigned applications. Feedback, first strengths 13 and then challenges, is offered by panelists and recorded by the Director. After 14 discussion, each panelist submits a score through the online platform for each of the 15 categories below. After all scores are submitted, the director records the final average 16 score per applicant. 17 6. The scoring rubric for each grant program is as follows: 18 GRASSROOTS ARTS PROGRAM GRANTS 19 Artistic Merit— 35% 20 Community Impact— 30% 21 Program Management— 15% 22 Financial Review— 10% 23 NC Arts Council Priority of Funding — 10% 24 ARTIST PROJECT GRANTS 25 Artistic Merit— 50% 26 Community Impact— 25% 27 Program Management— 25% 28 ARTS IN EDUCATION GRANTS 29 Artistic Merit—40% 30 Integration in curriculum and/or enrichment—40% 31 Need (Free and Reduced Lunch Percentage)— 20% 32 7. Funding decisions are made at the next Advisory Board meeting. This year, funds were 33 divided based on the percentage of applicants from each category. Artists represented 34 41% of applications, organizations 34%, and schools 25%. Therefore, the total of 35 available funding ($62,058) was divided within those framework percentages. 36 8. Within each of the three categories, applicants are funded based on their score, e.g., an 37 application with a score of 73 would receive 73% of their request. If excess funds were 38 available in a category after dispersing funds based on score, they were divided among 39 all recipients in that category. 40 9. All applicants are notified of the panel's decisions. All GAP applicants received panel 41 feedback. Artist Project Grant applicants can receive feedback upon request. 42 43 Katie Murray said the Arts Commission received 80 grant requests for$187,560. She 44 said 30 (38%) were first time applicants, and the Commission funded 60% of eligible request 45 this year, and awarded $28,800 in Orange County funds, and $31,703 in State Grassroots Arts 46 Program Funds. She said 43 grants were funded, included 10 first time applicants. She said 47 the Commission received more applications from individual artists than organizations, and 48 recipients included 16 artists, 15 non-profit organizations, and 12 schools. She said state 49 grassroots funds and the Piedmont Laureate program usually also support the Commission's 50 funds; the Piedmont Laureate program will not be funded this year, but these funds were funded 51 through the Arts Commissions' general budget. She thanked the BOCC for its ongoing support. 6 1 Katie Murray introduced the recipients, and Commissioner Greene presented the 2 checks. 3 GRASSROOTS - • GRANT RECIPIENTS ORGANIZATION PROGRAM NAME OF REPRESENTATIVE Ackland Art Museum at the Two ART& public artist programs Allison Portnow Lathrop University of North by artist collective Carolina at Chapel Hill Intergalactic Soul at the Ackland Art Museum in FY20. Carrboro Elementary School Carrboro Elementary 2019/2020 Lynn Weller Cultural Arts Programming Cedar Ridge High School Hip Hop and Jazz Ensemble Jason Johnson (Orange County Schools) Performance at Cultural Explosion Cedar Ridge High School Cedar Ridge High School Andrea DeGette, Bill Darkroom Project Darkroom Project Bo arski, Thane Bell Chapel Hill Philharmonia Chapel Hill Philharmonia Annual John Konanc Children's Concert Chapel Hill-Carrboro Public For Kids By Kids/Mariposas book Lynn Lehman, Andrea School Foundation project Tanner Chapel Hill-Carrboro Public Chapel Hill High School Hip-Hop Lynn Lehman, Andrea School Foundation Team Tanner Chapel Hill-Carrboro Public Scroggs Community Mural Project Lynn Lehman, Andrea School Foundation Tanner Chelsea Theater Operating Support for the Chelsea Emily Kass Theater CW Stanford Drama Club CWS Drama Club Director funding Jessie Malloy East Chapel Hill High School Artist In Residence: Delores Melissa Vrooman Olson Visual Arts Hayes and Raku Firing at Liberty Arts Studio Ephesus Road Elementary Cultural Performances at Ephesus Sarah Roberts School PTA Elementary Estes Hills PTA Estes Hills Elementary Cultural Melissa Kushnir, Sarah Enrichment Program Brincefield 2019-20 Guy B Phillips Middle School Cultural Enrichment Performances Kristen Stewart PTSA at Phillips Middle School, 2019-2020 Hillsborough Arts Council Hillsborough's Last Friday Art Torey Mishoe Walk Hillsborough Arts Council Teaching Artists and Performers Torey Mishoe for the 2019 Solstice Lantern Walk Hillsborough Arts Council Salary Support for Hillsborough Tori Mishoe Arts Council McDougle Elementary School Cultural Performances at Daniela Miteva Parent Teacher McDougle Elementary School Association (MES PTA 7 Musical Empowerment Salary Support for Musical Kelly Downey Empowerment New Hope Elementary (Orange Support for Artist in Residence Jason Johnson County Schools) Program in Title 1 Schools North Carolina Arts in Action Providing life skills through dance, Disha Dewan music and performance for underserved students at Rashkis Orange County Artists Guild Orange County Artists Guild Judith Ernst & Ross Ford Advertising Outreach Puppet Show Incorporated Fabled Puppet Productions Ronnie Jackson The Village Band of Chapel Hill Salary Support for The Village Ed Cox and Sharon and Carrboro Band Bushnell University of North Carolina at 2019-20 PlayMakers Mobile Amelia Stanley Chapel Touring Program Hill/PlayMakers Repertory Company Voices the Chapel Hill Chorus Salary Support for Rehearsal and Susan Brunssen Concert Accompanist Women's Voices Chorus Operational Support for Concert Kay Johnson, Laura Sam ARTIST PROJECT GRANT RECIPIENTS NAME OF ARTIST PROGRAM Bailey, Sean T. Preparation for Photographic Exhibition // "Belonging" Barr, Amanda and George My Room at Attic 506 Jenne Britton, Maria not present Artist Residency at Hambidge Haggerty, Meredith The Collage Stop Lane, Kim Homegrown Hillsborough: Diverse Local Voices at Burwell House LEVEL retreat (Marie Visiting Artist: Tod Seelie Rossetti/BJ Warshaw Moore, Andrea Edith (Shannon Family Secrets: Kith and Kin Recording Healey) Nadeau, Emma Musical Instruments for Educational Theater Ramirez, Sol 123 Puppetry Spring 2020 Production Slade, Marcela Funds for material: vintage, silk and cotton to produce new sladesi n collection Spitzer, Wendy Musical Performance/Workshop Events at Ronald McDonald House and The Nightlight in Chapel Hill Taft, Annie Suffragette! Tyler, Jedd March 2020 show for Senior HUD housing Wagg, Ginger Creating new sections and producing two public Critical Feedback sessions for Wild Actions' performance series "Frivolous Artist" Wan, Jan-Ru The silcene Force Weinstein, Emily Eve Funds for Hiring a Book Arts Apprentice 1 2 Chair Rich congratulated all the recipients. 8 1 2 c. Dispute Settlement Center Month Proclamation 3 The Board considered voting to approve a proclamation designating November 2019 as 4 "Dispute Settlement Center Month" and authorize the Chair to sign. 5 6 Former Commissioner Mia Burroughs read and received the proclamation. She 7 extended greetings from Frances Henderson, who is traveling, and expressed appreciation for 8 the support over the years, and for purchasing their services. 9 10 BACKGROUND: The Dispute Settlement Center began as a community mediation center in 11 September 1978 to provide mediation services to Orange County residents, and was the first 12 community mediation center in North Carolina. The Center now serves over 3,000 people 13 through mediation, training, facilitation, and Restorative Practices for youth services, and is an 14 essential partner for the courts, the schools, and government units, and a resource for 15 residents. 16 17 The Center is celebrating its 401h year as a statewide leader in the provision of its services. 18 19 ORANGE COUNTY BOARD OF COMMISSIONERS 20 DISPUTE SETTLEMENT CENTER MONTH PROCLAMATION 21 22 Whereas, the Dispute Settlement Center began as a community mediation center in September 23 1978 to provide mediation services to Orange County residents; and 24 25 Whereas, the Dispute Settlement Center was the first community mediation center in North 26 Carolina, and assisted in the formation of others around the state; and 27 28 Whereas, the Dispute Settlement Center now serves over 3,000 people through mediation, 29 training, facilitation, and Restorative Practices for youth services; and 30 31 Whereas, the Dispute Settlement Center is an essential partner for the courts, the schools, and 32 government units, and a resource for residents; and 33 34 Whereas, the Dispute Settlement Center is a statewide leader in the provision of these services; 35 and 36 th 37 Whereas, the Dispute Settlement Center is celebrating its 40 year of operation; 38 39 NOW, THEREFORE, we, the Board of County Commissioners of Orange County, North 40 Carolina, do hereby proclaim November 2019 as "DISPUTE SETTLEMENT CENTER MONTH" 41 in Orange County and invite residents to observe this month with appropriate programs, 42 ceremonies, and activities. 43 44 This, the 15th Day of October, 2019. 45 46 A motion was made by Commissioner McKee, seconded by Commissioner Price for 47 the Board to approve a proclamation designating November 2019 as "Dispute Settlement 48 Center Month" and authorized the Chair to sign the proclamation. 49 50 VOTE: UNANIMOUS 51 52 5. Public Hearings 9 1 None 2 3 6. Regular Agenda 4 5 a. Designation of an Agent to Administer Orange County's Application to FEMA's 6 Hazard Mitigation Grant Program 7 The Board considered voting to designate an agent for Orange County's application to 8 the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grants Program for 9 repetitive loss property acquisition and to serve as a sub-applicant for the University of Chapel 10 Hill to fund the installation of a generator for its Emergency Operation Center and authorize the 11 Manager to sign. 12 13 BACKGROUND: During September 14th through 17th, 2018 Orange County was significantly 14 impacted by torrential rain and winds due to Hurricane Florence. As a result, significant flooding 15 occurred over the course of several days, and Orange County was included in the list of 16 counties that received a major disaster declaration from FEMA on October 22, 2018. (Disaster 17 number: 4393-DR-NC). Orange County is submitting a grant request for the two projects 18 outlined below: 19 20 Project#1 21 Despite emergency protective measures that were taken by the County, several residential 22 properties were flooded during Hurricane Florence due to heavy and cumulative rainfall. One of 23 these properties, 503 Brandywine Road (PIN 9777-20-6348) within the Chapel Hill Township, 24 sustained significant damage. Flood waters effectively destroyed the first level of the home and 25 all of its contents. Staff completed a damage assessment of the property and concluded that the 26 property sustained approximately $87,000 in damage. 27 28 The property was developed sometime in 1971 before the County adopted comprehensive 29 floodplain mitigation standards, and it is located within an identified floodplain. This property is 30 considered to be at `high risk' for flooding, as defined by FEMA. 31 32 Over the past 10 years, this property has suffered repetitive losses due to heavy rains and 33 flooding. Both the Planning and Inspections Department and Emergency Services Department 34 have coordinated efforts during this time period to secure the necessary funding to purchase the 35 property and remove the existing residence. Based on its flooding history, the property officially 36 constitutes a potential public safety hazard, but staff had been unable to sufficiently justify 37 requests for acquisition and removal due to a lack of significant damage. However, as a result 38 of the flooding that occurred during Hurricane Florence, staff can designate the property as 39 being `substantially damaged', consistent with the provisions of the Unified Development 40 Ordinance (UDO) and are able to justify a grant request for acquisition. Once the County 41 receives the grant funds, the County will acquire the property, contract for the deconstruction of 42 the house, and restore the property to green space. 43 44 Project#2 45 Orange County has received a request from the University of North Carolina at Chapel Hill to 46 serve as the sub-applicant for an emergency generator project on the University's behalf. UNC 47 Chapel Hill is seeking grant funding to install an emergency generator to support its 48 environmental health and safety facility on Estes Drive Extension, which serves as the campus 49 Emergency Operations Center. The total of this grant request is approximately $414,000. A 50 letter of request from UNC Chapel Hill is attached. 51 10 1 As a part of the process, the County must adopt a resolution designating an agent to apply for 2 and receive project assistance from FEMA's Hazard Mitigation Grants Program. 3 4 Kirby Saunders, Emergency Management Coordinator, made the following PowerPoint 5 presentation. He said, after a declared disaster, the County is eligible for mitigation funding, 6 which is used to reduce the impact of potential impacts: 7 ORANGECOUNTY NORTH CAROLINA Hurricane Florence Hazard Mitigations Grant Program October 15,2019 8 U.5 2f11990eon�R5l WealManO Gireele DSaaxre U.&2014006 4>w;'A'aavw•aye C i M,D—Ars ^ 0 Q\ 10 11 12 Kirby Saunders said the country has already seen 10 major disasters this year, and this 13 is the 5t" consecutive year of$10 billion disasters. He said this has been the costliest of all 14 disasters in the history of the country. He resumed the PowerPoint presentation: National Benefit-Cost Ratio :.. a..,. sass $sa RUF 15 16 17 Kirby Saunders said the mitigation program has a significant return on investment; every 18 $1 spent on mitigation results in $7 in savings in recovery. He resumed the PowerPoint 19 presentation: 20 11 Purpose 7o oasignale an agent for Orange countys appl ration for FrMK&Hazard Mitigation Grants Program for ropMb-loss property acquisition- 7 serve as a sub-applicant for the Universily of Chapel Hill for the purQhage end installation of a Jenwr for for their Emergency Operation Cenler- 1 Project#i!Acquisition-503 Brandywine Road c� n=orr.�wrrrw q sp,N a lw piw�ylw ewntpeae rn Kv�r�v.rpnwu..y roe+.. xeuwq u�"-_xfanrtw rwera n reneM�fn a�u-'-'6�.vgrn Gdwi whW.�Y den rNnp .wa«r.wK.ww.>,r.a wevv e.*...+naw ero+irere drv�� 2 ow.+rcc�ouHr� 3 4 Kirby Saunders said this has been a joint effort with the County's Planning and 5 Inspections department. He said this area is at high risk, being in the floodplain for the past 10 6 years, and had substantial damage with Hurricane Florence. He resumed the PowerPoint 7 presentation: 8 aevlemrxr�7 m su-pus 5rar4y-mne sro 9 �.va�..rr•�re•�de.e� caarucf�O1 PRT 1 sepemeer r i,mr a-soo wanrm•^c ne 10 11 12 Kirby Saunders said this property is in the floodplain, and has been the target of 13 mitigation efforts for 10 years. He said the funding had not been previously available, and not 14 until Hurricane Florence did this property suffer significant damage. He said this damage now 15 justifies the grant. He resumed the PowerPoint presentation: 16 12 503 Brandywine Rears Chapel HIII.NC ni;fl 1 2 Kirby Saunders said the base elevation of the property is significantly lower, causing a 3 large risk of potential flooding. He resumed the PowerPoint presentation: 4 IMPACT—Brandywine Project LN2 1gp.00 •pukafing snd-Auread W FEIAA Vulnerable mtural spear 52a2.61250 popul'. -100 rear Oeed sudo •Raivros trogd •Nw a hisbwkal Sao W 50 e e s and prWany Furdw financial M sccnd— as&alBncamay Properties. with all Fpdaral. become M.W.-d Ixal nowsan• 0,MMrMntW .gulabma. 5 FEMA Property Acquisition Process 6 7 8 Kirby Saunders said the property will be returned to natural space, and deeded for 100 9 years. He said the grant process lasts 36 months with lots of regulation, documentation and 10 reporting. He said staff feels this is the only solution for this property. He resumed the 11 PowerPoint presentation: Project#2:Sub-Applicant for UNC Chapel Hill • Orange County received request to sense as sub-applicant on the behalf of UHC Chapel Hill. • University is seeking grant funding to install an emergency powered generator to support their Environmental Health and Safety building on Estes Drive Extension. • Facility serves as their Emergency OpOi aiipns. Center. 12 13 14 Kirby Saunders said staff believes this provides critical infrastructure for the area. He 15 resumed the PowerPoint presentation: 16 13 IMPACT-Generator Project •Tow •Pmr t mN hd➢ •[FwaAhu[g a $414,217'00 M conl,nuM1y ccchpn dM •FEMA d UNC Chapel •[n,�Wn o[ Ni!s a6a1y m . $310,882.75 mi»ain e d eaexw •state emergenry puipmm[ $103,554.25 cu�inn fowl IC eaerelxrm •UNCto cover c Pus 8[ala,an6 Loral any a6dieonal ownmumq ermrwrK.Mel COSTS. n 14dv negulalwn*,. sh.eenes.sun. a�v.erer: CONCLUSION:Manager Recommendations Approve designating the Countys agents Approve the submission of the Hazard Miligation Grant Project application to North Carolina Emergency Management for submission to FEMA and authorize the manager to execute and sign all necessary documents in support of This grant. QuestionslComments www.enohawhmp.com RSaurM r�Grbulruuli[Ni[wv rrharwr:�Orarger,.-,Unittc. 3 4 5 Kirby Saunders said this process of mitigation is in the Eno-Haw mitigation plan 6 approved by the Board of County Commissioners in 2015. He said staff is in the process of 7 updating the plan, which is required every 5 years, and is working with Triangle J and 8 encouraging the public to participate in a survey, which is available through the end of the 9 month. He said Emergency Services plans to come back to the Board by June 2020 with the 10 updated plan. 11 Commissioner Greene asked if there is a reason why UNC does not submit directly for 12 the grant. 13 Kirby Saunders said the campus' community does not have an active mitigation plan, 14 which is required to apply for these funds, so the only option is to apply through the County. He 15 said the University chose not to be a part of the County's mitigation plan at the time it was 16 created because it was creating its own; however, this has not yet come to fruition, so they only 17 have the option to be a sub-applicant. 18 Commissioner Price referred to the Brandywine Road home, and asked if this is the only 19 one included in the application, or if there are other possible applicants. 20 Kirby Saunders said this is the only property for which help was requested under 21 Hurricane Florence, and floodplain staff is reviewing others that may potentially be impacted in 22 future situations. He said a challenge in this community is that the FEMA federal cap on 23 property acquisitions is $276,000, and it is difficult to meet this as most property in the area is 24 valued higher. 25 Commissioner Price asked if the family has been relocated. 26 Kirby Saunders said not yet, as the funds have not been acquired, but the grant funds do 27 allow relocation assistance for up to a year. 28 Commissioner Price said the family is awaiting the funds, while living in a bad situation. 14 1 Kirby Saunders said the house was uninsured during the last flood, and the family used 2 its own funds to make it habitable for the time being. 3 Commissioner Dorosin asked if all of the $322,000 will be paid to the family. 4 Kirby Saunders said the amount the family receives is based on a fair market appraisal. 5 Commissioner Dorosin asked if there is any idea of what that appraisal will be. 6 Kirby Saunders said he does not know. 7 Commissioner Dorosin asked if there is a range, and how much will go to purchase the 8 property versus demolition, regrading of land, etc. He asked if there is an estimate for these 9 costs. 10 Kirby Saunders said he can provide that information, and believes the tax-assessed 11 value is $144,000, which is not a fair market appraisal. He said the amount is based on a pre- 12 event appraisal for fair market value, which needs to be under$276,000. He said if the 13 situation were to increase beyond a cost-benefit ratio that was determined by FEMA, the County 14 could do in-kind support through paying for a survey, the closing costs, etc. 15 Commissioner Dorosin said an appraisal should not be needed to know how much it will 16 cost for demolition. 17 Kirby Saunders said there is a draft budget with approximate costs, which can be 18 provided to the Board. 19 Commissioner Marcoplos referred to the $276,000 maximum, and asked if a place like 20 Camelot Apartments would be viewed as one property, or divided into subunits of$276,000 21 each. 22 Kirby Saunders said he and his staff are working with the Chapel Hill partners to target 23 the Camelot area. He said it is considered as a condominium setup, and is considered one 24 tract with multiple owners, which requires 100% consensus of owners. He said the only way 25 around that is to subdivide, but he is uncertain of the status of this. He said without 100% 26 owner consensus, mitigation efforts cannot be pursued. He said when using federal dollars, 27 there can be no pressure or persuasion with the homeowners. 28 Commissioner Dorosin said the owners are looking to redo University Mall, and he would 29 like to see affordable housing included, and offer it 1 for 1 to the people who own the units in 30 Camelot village. He petitioned for the Board to weigh in collectively to the Town of Chapel Hill's 31 vision process. 32 Commissioner Greene said Moody, which does creditworthy analyses, is paying more 33 and more attention to hazard mitigation as an element of its evaluation. 34 Chair Rich asked if fact sheet and survey could be put on the website, as well as a link 35 to the application form. She said, since all towns are participating, this should be included on 36 those websites as well. She asked the Clerk's office to follow up on this request. 37 38 A motion was made by Commissioner Marcoplos, seconded by Commissioner 39 Bedford for the Board to: 40 41 1) approve the Resolution designating Kirby Saunders as the County's Primary Agent 42 and Michael Harvey as the Secondary Agent for this Hazard Mitigation Grant Program 43 application; 44 2) direct the Clerk of the Board of County Commissioners to sign as the Certifying Official; 45 3) authorize the designated agent to submit the Hazard Mitigation Grant Project application 46 to North Carolina Emergency Management for approval; and 47 4) authorize the Manager to execute and sign all necessary documents in support of this 48 grant opportunity. 49 50 VOTE: UNANIMOUS 51 52 15 1 b. Authorization to Proceed with Phase 1 of the Proposed Eno River Mill Arts Project 2 and Associated Lease Agreement with Hedgehog Holdings 3 4 The Board received information on the proposed Eno River Mill Arts Project and considered 5 voting to approve the Orange County Arts Commission and staff moving forward with Phase 1 6 of the Project by authorizing the Manager to sign a lease agreement with Hedgehog Holdings 7 for artist studio space at the Eno River Mill in Hillsborough. 8 9 BACKGROUND: The Orange County Arts Commission (OCAC) has identified a lack of 10 infrastructure and equitable access as the two primary barriers for a healthy creative ecosystem 11 for Orange County artists and residents. By working in partnership with the Gold Family and its 12 partner, Hedgehog Holdings, the OCAC seeks to activate Hillsborough's historic Eno River Mill 13 through the arts, providing critically needed space for the creative community, as well as 14 generating economic impact for the surrounding area. 15 16 The mill, located in West Hillsborough along the Eno River, opened as a yarn mill in 1897 and 17 operated until 1984. It was bought by the Gold Family in 1988. Hedgehog Holdings became 18 managing partner in 2015. Currently, it houses Weaver Street Market's commissary, the 19 Expedition School, The Cloth Room Events Space and several small businesses. However, it 20 has vast amounts of raw, vacant space that would be perfect for the visual and performing arts. 21 22 The project is proposed to move forward in three phases, beginning with establishing thirteen 23 (13) move-in-ready artist studio spaces in Phase 1, and eventually providing space in Phases 2 24 and 3 for additional programs. Phase 1 and the overall project will increase arts access for 25 residents regardless of socio-economic status, while transforming the Mill into an arts 26 destination and economic asset for the Town of Hillsborough and the County. Approval to move 27 forward with Phase 1 and the lease agreement with Hedgehog Holdings will provide thirteen 28 (13) affordable artist studio spaces for local visual artists. 29 30 Pending Board approval, staff will develop a press release and pursue other opportunities to 31 publicize the project, and specifically the availability of the thirteen (13) artist studio spaces. 32 33 Katie Murray, Arts Commission Coordinator, said the Arts Commission has been 34 evaluating current needs, and actively working to serve the creative community. She said the 35 three largest needs are: a stronger local arts agency; physical space for the arts; and increased 36 accessibility to the arts. She said Hillsborough is a hotbed for the arts right now, and the 37 Hillsborough Town Board actively supports the idea for the Eno Arts Mill. She said the Mill is a 38 wonderful, accessible location, and the timing is right. She made the following PowerPoint 39 presentation: 40 J IP arc .r . c y �7 K 41 EN16 ARTS MILL 5 Katie Murray said many compatible businesses are already located here. She resumed 6 the Primary Needs O A srmnger Eocal Arts Agency{OCAC� ©PHYSICAE SPACE fl Increased accessibilfy fo the arts ARTS MILL Hiiisborough a Supporrhre,pro-arcs community a location o Growth K Al�TS--MILL . 1i3y7-19iS-1 198ES � 2fl15 a rm.,e,.r 1..k.:ll �w�r�• H.dq�ap �'-i.%eu0 CLJd Fo-�rr Had.q} le.ho L.edn � m.ap+y roe6y•J e pw�c A1�TS--M�LL t PowerPoint presentation: ARTS MILL ��edgehog Holdings A Raleigh-bcsed historic property de�elapmenr and leasing company. Historic10 -• the PowerPoint • • ARTS MILL Inspiration The Goor Farm ARTS MILL Inspiration t����X _;;I� The Torpedo Factory ��'.• 17 Arlington,VA resumed3 Katie Murray said the Torpedo Factory gets approximately 1/2 million visitors per year. 4 She the PowerPoint • • ENS ARTS MILL Inspiration Plarn Seven �`; •��:' High Paint,NC *"�-�y Sri: � • ENS 9 Katie Murray said Hedgehog would do the upfitting for the space, and minimal upfit is 10 needed. She resumed the PowerPoint presentation: ARTS MILL Inspiration �'� � River Arts DisrriG , Asheville,NC . ENS ARTS MILL Phase 1: Art Mill Studios p 2,97�sf for up to 13 oriisfs � o Affarda6ly priced �'f ���_ o Includes exhihil space 11 o More-in ready o Five-year lease ARTS MILL Phase 1: Art Mill Studios p Keep money Ivcvl o Provide new po}rons fur Wes} Hillsborough businesses through receptions and open s}udiv Yours 18 o Artists=in[reased property value 2 Katie Murray said artists need space have to go outside of Orange County now. She -• the PowerPoint • • I ENS ARTS MILL Phase 1: Art Mill Studios Five-year 6udgeY ForecasF n Al3ows for three vacant sludios in year one,two in year Two,one in year three o Revenue from classes would offset vacantspaca 2 ARTS MILL Phase 1: Art Mill Studios 9 Katie Murray said there is a lot of potential for future opportunities for other types of arts, Five-year budget Forecast • ENS ARTS MILL Phase 2� Studio 29 p 3,3UOsf of open space fa r+.� he used for classes,events, i and exhibits o OCAC to seek gran} •�" support for seed funding ENDF ARTS MILL ['I7ase 3: The Arts Mill 1 such as a children'sor •,ce, which coincidesHedgehog's plan to I I develop low cost and/or subsidized housing for artists. She resumed the PowerPoint 12 presentation: 19 ARTS MILL F E N P as performance groups .0 Community mak'er-space:ceramics studio,foundry,woodworking studio 1 r Phase 3* The Arts Mill * Expanded class space AR71ST HOUSING! ..ARTS MILL r ..ARTS MILL Phase 3: . . rts Mill grant Support @CapTtal Campaign+foundation and 4 Katie Murray said the Arts Commission is in the process of setting up a nonprofit 5 501(c)(3) to consider a future capital campaign to accommodate growth ideas. 6 u ` CREATIVITY CHARACTER & CROWTH 7 8 9 Fred Joyner, Arts Commission Board Chair, thanked the BOCC for listening to this idea. 10 He said he has been a beneficiary of art spaces in the past, and was an implementer and 11 advocate for this type of work in D.C., which changed his practice as an artist. He said he has 12 also expanded these efforts to international work. He said he has been able to witness how 13 these projects benefit the community, and learned what needs to be done to make it happen. 14 He said communities need to build resilience, and this type of project does just that. He said 15 these types of spaces have helped him to become the artist he is today, and have helped him 16 grow. 17 Frank Gaylor, Hedgehog Holdings owner, said it is fortunate for Orange County to have 18 people like Katie and Fred who are passionate about the arts. He said this old building needs 19 creative people. He said it is on the National Register of Historic Places, and he is excited 20 about the opportunity to help combine everyone's efforts. He said his company has negotiated 21 well, and wants to make it happen. 20 1 Commissioner Dorosin said this is exciting, and asked if it is understood how this will 2 work operationally. He said part of the goal is to create space for artists who may not have 3 resources, and asked if there will be any special type of targeting for artists with low financial 4 resources. 5 Katie Murray said the County would be renting the space from Hedgehog, and the Arts 6 Commission will put out a call for space, and give a deadline. She said the Arts Commission 7 will look at the need, where the artists are in their career, the type of art, and will select. She 8 said there is a desire to target younger artists who do not have home studios or financial 9 resources. 10 Commissioner Dorosin asked if the Arts Commission will rent the space from the owner, 11 and if the County will collect rents. 12 Katie Murray said yes. She said an artist/manager will possibly serve as an onsite point 13 person and receive reduced rent, but this is not fully worked out. 14 Commissioner Dorosin asked if the criteria will be publicly available. 15 Katie Murray said yes, just like any other call. 16 Commissioner Dorosin asked if some spaces will be shared by multiple artists. 17 Katie Murray said they could be. She said the larger spaces would be $500 a month, 18 that could be shared, and there is a maximum of 13 artist spaces available. 19 Commissioner Price asked about the outlay for County, and if the County has to pay the 20 rent and then get reimbursed by the artists. She asked if there is a timeline in place for when 21 this will be available. 22 Katie Murray said this is still being worked out. She said the space is move-in ready, 23 with the exception of a bathroom that needs to be installed, which Hedgehog will do. She said 24 it may be a question of timing, and the Arts Commission has the means to pay upfront if 25 needed. 26 Commissioner Price asked if it is known when Hedgehog needs be paid for the first 27 month. 28 Katie Murray said a firm start date is not yet set, as commitments are needed from at 29 least 10 artists before the County will lease the space. 30 Bonnie Hammersley said the lease will not be signed until there are 10 artists ready to 31 sublet from the County. She said from an accounting perspective, it will have an expenditure 32 line and a revenue line. She said the timing could be slightly off, but it will work out. 33 Katie Murray said it will take about 60 days to install the plumbing, and she expects 34 there will be more people interested than there is space. 35 Commissioner Price asked if the lease would be for one year. 36 Katie Murray said that the County's lease will be for 5 years, and the artist's lease will be 37 for one year. 38 Commissioner Greene applauded the work that has been put into this project, and said it 39 is really exciting for artists to engage with the public. She said it is essential to how they 40 practice, and it is significant that the gap can be filled by Article 46 funds, as this is an economic 41 development effort. 42 Commissioner Bedford asked if the 30% commission is standard. 43 Katie Murray said yes, it is a common standard for sold artwork, but can vary a bit. She 44 said artists realize that the property manager offers the space to sell their work, so some of the 45 cost needs to go back to them to continue the ability to service the space. 46 Commissioner Bedford said this is a great opportunity, but she can see where the 47 County might have to chase rental monies. She said the arrangement needs someone to 48 oversee cash management and funds control, and it may be necessary to recruit some 49 accounting talent to protect these dollars. She said in the big picture, this project is helping the 50 artists and their development, and they are getting low market rents. She said Eno Mill will 51 definitely benefit from a rental arrangement, but 20 years from now, the County will still be 21 1 renting. She said she knows it is early, but encouraged the Arts Commission to not give up on 2 the long-term vision of purchasing space. 3 Katie Murray said that in the arts world, owning or renting space is a constant debate, as 4 so much upkeep goes into just maintaining the space. 5 Commissioner Dorosin said if the County owned the property, there would be no 6 property tax revenue. 7 Chair Rich said she had the opportunity of going to Minneapolis earlier with Katie Murray 8 this summer, and heard about several very positive projects. She said she recently went to a 9 seminar on a circular economy, of which this is a great example. She said she would like to see 10 sustainability worked into the plan with the artists' space, encouraging no waste. She said she 11 is excited about the opportunities. 12 Commissioner Price thanked everyone who has been involved. She said the community 13 has been waiting in Hillsborough for 2-3 decades to make this happen. She said she is 14 optimistic that it will work, and add another dimension to Orange County. 15 Commissioner Dorosin said he hopes this opportunity will be used to reach a diverse 16 cross section of the community. 17 Chair Rich said the County should promote this in as many ways as possible. 18 19 A motion was made by Commissioner Greene, seconded by Commissioner Price 20 for the Board to: 21 22 1. Approve Phase 1 of the Project and authorize the County Manager to sign a lease 23 agreement with Hedgehog Holdings for up to five years consistent with the rent schedule 24 outlined in the attached project outline. This authorization is contingent on approval by 25 the County Attorney and commitments from ten or more artists to sublease the space 26 from Orange County; 27 2. Authorize the County Manager to sign sub-lease agreements with artists according to 28 the sub-lease rate schedule detailed in the attached project outline, pending review by 29 the County Attorney; and 30 3. Authorize staff to prepare a budget amendment to set up the program and account 31 structure in the Article 46 fund. 32 33 VOTE: UNANIMOUS 34 35 7. Reports 36 None 37 38 8. Consent Agenda 39 40 Removal of Any Items from Consent Agenda 41 42 Chair Rich said there was a request to pull item 8-f from the consent agenda for public 43 comment. 44 Chair Rich said she has some revisions to the minutes in item 8-a. 45 46 • Approval of Remaining Consent Agenda 47 48 A motion was made by Commissioner McKee, seconded by Commissioner Greene to 49 approve items 8-b, 8-c, 8-d, 8-e and 8-g on the Consent Agenda. 50 51 VOTE: UNANIMOUS 52 22 1 b. Fiscal Year 2019-20 Budget Amendment#2 2 The Board approved budget, grant, and capital project ordinance amendment for fiscal year 3 2019-20 for the Department of Social Services; Animal Services; Library Services; Asset 4 Management Services; County Capital Projects; and the Health Department. 5 c. Health Department Mobile Dental Clinic Contract 6 The Board approved a contract with Lifeline Mobile for$445,748 to purchase a mobile dental 7 clinic, and authorized the Manager to sign the contract. 8 d. Amendment to Sections of the Code of Ordinances 9 The Board amended the Code of Ordinances to clarify an inconsistency in definitions. 10 e. Disaster Debris Removal and Clearance Service Agreement 11 The Board approved an Agreement with Crowder Gulf, LLC for the purpose of providing 12 Disaster Debris Removal and Clearance Services and authorized the Manager to sign the 13 agreement. 14 g. Support for Orange County Opioid Task Force 15 The Board approved expressing support for an Opioid Task Force to coordinate efforts to 16 address opioid overdose in Orange County and will be facilitated jointly by the Orange County 17 Health Department and the UNC Medical Center. 18 19 f. John M. Link, Jr. Government Services Center Remediation Project— Rejection of 20 Apparent Low Bid 21 The Board will consider voting to authorize the County Manager to reject the non-responsive 22 apparent low bid for the Remediation of the John M. Link, Jr. Government Services Center 23 project that was opened on Thursday, September 25, 2019. 24 25 Ryan Plankenhorn, Resolute Building Company, provided public comment on the recent 26 bidding process for the Link Center. He said Resolute was apparently the lowest bidder by 27 $700,000, but the architect did not agree to accept their bid due to it not being responsive and 28 responsible. He said Resolute does not agree with this recommendation, and asked if the 29 County would reconsider the bid prior to making a decision. He said the architect's question 30 was regarding how Resolute would comply with the project as all of the qualifications were not 31 met. He said in Resolute's bid package, it was said that Resolute (General Contractor) was in 32 association with Blue Sky Construction (Abatement and Demolition Contractor), and were able 33 to ensure the best, safest product possible could be delivered by combining the strengths of 34 these two companies. He said there was confusion when Resolute was asked what "in 35 association meant". He said, in the letter to the architect, Resolute explained that if it were 36 awarded the project, it would set up a formal relationship with Blue Sky, who had the required 37 certifications for remediation. He said the County said that since Resolute did not have a joint 38 venture with Blue Sky in place at the time of the bid, the bid would be rejected. He said before 39 the County spends an additional $700,000, he would ask the BOCC to reconsider. He said if 40 that is not possible, he would recommend that the project be rebid in the next couple of weeks. 41 John Roberts said the RFP required a specific certification because of the remediation of 42 the project. He said it is an absolute requirement, and Resolute did not meet this requirement. 43 He said the RFP stated that a formal arrangement with a subcontractor, with the required 44 certification, is necessary. He said Resolute said it was in association with Blue Sky, which has 45 the required certification, but stated that Blue Sky is not a subcontractor. He said Resolute said 46 the formal association would be complete when the bid was accepted. He said he looked for 47 case law, and could not find any that spoke either side of this issue. He said this is the first time 48 in 10 years that the County has rejected a low bid, so there is no precedence. He said it is 49 recommended that the bid be rejected since there is no subcontractor with the required 50 certification, and no professional business relationship between Resolute and Blue Sky. 51 Commissioner Marcoplos asked if the practicalities of a business association could be 52 described, and if it is a formal arrangement. 23 1 John Roberts said it is an agreement between two entities, and the filing of some 2 paperwork. He said it is a simple process, and the architects were surprised that the bid came 3 in without the filing already in process. 4 Commissioner Marcoplos asked if there is a reason, from a financial standpoint, why a 5 business would hold off on the filing until there is a certain need for that relationship. 6 John Roberts said he is not certain, but the County would not want to award a bid 7 without the certification, because it would not be a firm, binding bid. 8 Commissioner Marcoplos asked if the County can accept a bid, with a contingency of 9 completion of the business relationship, before the work is done. 10 John Roberts said he has never done it, and is not certain if it can be done legally. 11 Commissioner Marcoplos said Resolute is a local company with a strong track record, 12 and, while he understand what happened, he is having a hard time understanding why there is 13 no flexibility with this question. 14 Commissioner Dorosin asked if there is a reason why the County could not just rebid the 15 project, as Resolute would probably get it due to the cost. 16 John Roberts said one path forward would be to reject all of the bids, and authorize a 17 rebid for the project. 18 Commissioner Marcoplos asked if this process has any impact on bidder rights. 19 John Roberts said the County has the absolute authority, under state law, to reject all 20 bids, so there is no infringement on the bidder's rights. 21 Commissioner Marcoplos asked if there are any drawbacks to rejecting all bids. 22 John Roberts said he is not certain. 23 Commissioner McKee said it is clear that the BOCC can reject all bids, and call for a re- 24 bid. He said it is quite clear that the process or requirements were not met, so he sees no 25 reason not to reject all bids and to put it back out for a bid. 26 Commissioner Price asked if the BOCC is required to consider the second lowest bid, if 27 the lowest was rejected due incomplete qualifications. 28 John Roberts said usually, yes, the next low bidder would be negotiating for the contract. 29 He said the BOCC has not yet rejected the lowest bidder, so there are no rights to consider. He 30 said it is within the Board's authority to reject all bids. He reminded the BOCC that anyone can 31 sue for anything, at any time. 32 Commissioner Dorosin said the options are to reject all bids and rebid, and Resolute 33 could rebid while meeting all of the qualifications; or the Board could reject Resolute's bid and 34 take next highest bid, which is not appealing to anyone because of the significant difference in 35 cost. He recommended rejecting all bids, and put it back out to allow Resolute to meet the 36 qualifications, and later accept the lowest bid, which would probably be Resolute. 37 38 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to 39 reject all bids and put the project out again for bid. 40 41 Commissioner Marcoplos asked if there is a timeline for this process. 42 John Roberts said it took 2-3 weeks last time. 43 Commissioner Price asked if the other applicants would be notified. 44 John Roberts said yes. 45 46 VOTE: UNANIMOUS 47 48 a. Minutes 49 The Board will consider correcting and/or approving the minutes from October 1 and 3, 2019 as 50 submitted by the Clerk to the Board. 51 24 1 Chair Rich said she would like to clarify some things in the minutes. She referred to 2 page 2 of the minutes from October 1, where Commissioner Dorosin said he wanted to start a 3 committee to review universal Pre-K. She asked Commissioner Dorosin if it is acceptable to 4 review the information already gathered by the Manager's office, prior to the creation of this 5 committee. 6 Commissioner Dorosin said he wants to adhere to a 12-month timeline, and he does not 7 mind reviewing that information, but wants to get this done most effectively. 8 Chair Rich referred to line 42 of page 3, and said Commissioner Dorosin asked about 9 the reconfiguration of the Greene Tract land. She said she met with Chapel Hill this week, and 10 she wants to clarify that Chapel Hill had voted on the reconfiguration twice; Chapel Hill wants 11 the Board to know it voted, but she said the project cannot move forward until there is a plan for 12 the usage. 13 Commissioner Dorosin asked if anything has been filed in the Register of Deeds Office 14 that the land has been reconfigured. 15 Chair Rich said no, it has not. 16 Commissioner Dorosin said everyone has voted, but no action has been taken. 17 Chair Rich said it is not in anyone's interest until a purpose for the land is determined. 18 Commissioner Dorosin clarified that the land is not reconfigured. 19 Chair Rich said correct; Chapel Hill voted to reconfigure, but it has not been completed 20 yet. 21 22 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to 23 approve the minutes. 24 25 VOTE: UNANIMOUS 26 27 28 9. County Manager's Report 29 Bonnie Hammersley reminded the Board that the Economic Development Summit is 30 tomorrow, and she hopes to see everyone there. 31 32 10. County Attorney's Report 33 34 John Roberts said that the Legislature has not adjourned yet, but the Senate expects 35 to adjourn by the end of the month. 36 37 11. Appointments 38 39 Chair Rich said at the last work session, the Board talked about discussing applicants at 40 future work sessions. She said the Clerk's office will be working on getting a different data 41 system, and Commissioner Dorosin and Commissioner Price are working on reducing the 42 length of the application. She said some appointments need to be done now. 43 44 a. Jury Commission —Appointment 45 The Board will consider making an appointment to the Jury Commission. 46 47 Chair Rich said the need for this appointment is very timely, as the Jury Commission 48 chooses the juries at the end of the year. She said she spoke with Clerk Kleinschmidt, who 49 asked the Board to make this appointment, because this is the first time that he has done this. 50 Commissioner Dorosin said he appreciates the letter from the Clerk, but is concerned 51 that the candidate has already served 8 terms, and the other two members have served since 25 1 2015 and should have institutional memory. He said his concern is to rotate people out, and he 2 thinks the BOCC ought to appoint someone else. 3 Commissioner Marcoplos asked if the responsibilities of this commission could be 4 clarified. 5 Commissioner Dorosin said it coordinates the roll for who is in the jury pool. 6 Commissioner Marcoplos said Mr. Hall is a great guy to do that, and has done a great 7 job. 8 Commissioner Dorosin said he does not doubt that. 9 Commissioner Price said she agrees that it is good to rotate, but she struggles with this 10 with all of the boards. She said when a staff person makes a request based on the quality, or 11 timing, of the candidate, she wants to respect that request. She asked if other people been 12 interviewed or vetted. 13 Commissioner Marcoplos asked if the length of term is known. 14 Commissioner McKee said the term length is two years. 15 Commissioner Marcoplos said this is why the BOCC is looking to change way it reviews 16 these applicants. He suggested honoring the recommendation in this case, and transition 17 shortly to a new way of vetting applicants, so the Board will be better suited to deal with these 18 issues in the future. 19 20 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to 21 approve the recommendation for appointment to the Jury Commission. 22 23 Commissioner Dorosin said he respectfully disagrees. He said the BOCC has talked 24 about engaging other people on boards and commissions, and keeps putting it off. He said this 25 board has a three-term limit, and this candidate has already served 8; so the BOCC is not even 26 following its own guidelines. He said the Board talks a lot about stuff, but does not act. He said 27 he will vote against the recommendation. 28 Commissioner Marcoplos said this is a good point, and asked if this appointment could 29 be put off. 30 Chair Rich said unfortunately, in this case, the Board cannot put it off until there is a 31 new, more thoughtful process. She said the Board knew there would be one or two snags with 32 working out the new process. 33 Commissioner Price said this is time sensitive, and there is no chance to vet other 34 applicants, or go through the new process, there is a compelling reason to approve this 35 recommendation. She asked if Mr. Hall can just stay on, or if he must take the oath of office. 36 Chair Rich said he, or whoever fills the roll, needs to be sworn in right away. 37 38 VOTE: Yeas, 4 (Chair Rich, Commissioner Greene, Commissioner Marcoplos, 39 Commissioner Price; Nays, (3) Commissioner McKee, Commissioner Bedford, 40 Commissioner Dorosin 41 42 b. Nursing Home Community Advisory Committee—Appointment 43 The Board will consider making an appointment to the Nursing Home Community Advisory 44 Committee. 45 46 Chair Rich said this is the case of a one-year preliminary terms, and the Board cannot 47 choose someone else. 48 49 A motion was made by Commissioner Bedford, seconded by Commissioner Price to 50 approve the appointment. 51 52 VOTE: UNANIMOUS 26 1 2 Commissioner Dorosin asked about the question of process of filling vacancies on this 3 board. He said there is an at-large vacancy that has existed since 2017. He asked if the BOCC 4 can nominate someone from the list to start the one-year training process. 5 Chair Rich said the Board has asked this question a number of times, and she is unclear 6 why the Board cannot do as Commissioner Dorosin suggests. 7 Commissioner Price said she thinks the person is interviewed prior to the training. 8 Chair Rich asked if the Board could select someone to be interviewed. 9 Chair Rich asked if the Clerk's Office could provide clarification on the need to fill a seat 10 that has been open for a long time, and what is the process of filling that seat if there are other 11 applicants on the list. 12 13 12. Information Items 14 The Board received the following information items: 15 16 • October 1, 2019 BOCC Meeting Follow-up Actions List 17 • BOCC Chair Letter Regarding Pledge of Allegiance at Board Meetings 18 19 13. Closed Session 20 None 21 22 14. Adjournment 23 24 A motion was made by Commissioner Dorosin, seconded by Commissioner Marcoplos 25 to adjourn the meeting at 9:20 p.m. 26 27 VOTE: UNANIMOUS 28 29 Penny Rich, Chair 30 31 32 Sherri Ingersoll 33 Deputy Clerk