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HomeMy WebLinkAboutMinutes 10-15-2019 Regular Meeting1 APPROVED 11/7/2019 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING October 15, 2019 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 15, 2019 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price COUNTY COMMISSIONERS ABSENT: None COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren, and Deputy Clerk Sherri Ingersoll (All other staff members will be identified appropriately below.) Chair Rich called the meeting to order at 7:00 p.m. 1. Additions or Changes to the Agenda Handouts: - 6-a PowerPoint – Hurricane Florence Hazard Mitigation Program - 6-a Handout – Eno-Haw Regional Hazard Mitigation Plan - 6-a Handout – Eno-Haw Regional Hazard Mitigation Plan Public Survey PUBLIC CHARGE Chair Rich acknowledged the public charge. Arts Moment Katie Murray, Arts Commission Coordinator, introduced the artist: Peter Guzzardi has worked in publishing for more than forty years. Prominent books he has edited include Stephen Hawking’s A Brief History of Time, Deepak Chopra’s Ageless Body, Timeless Mind, Queen Noor’s Leap of Faith, Arianna Huffington’s Fanatics and Fools, and Paula Poundstone’s There’s Nothing in This Book That I Meant to Say. Emeralds of Oz: Life Lessons from Over the Rainbow was published by HarperCollins in May 2019 and marks Peter's debut as an author. An independent editor and writer, he has lived in Chapel Hill for the past 20-plus years. Peter Guzzardi read from the chapter, “Ninth Emerald: There’s No Place Like Home” from his book. 2. Public Comments (Limited to One Hour) a. Matters not on the Printed Agenda Laura Cotterman said she has been very impressed with the Commissioners’ efforts with the task of averting climate congestion. She said time is of the essence, and asked if the Board of County Commissioners (BOCC) would look into the investment portfolio of the County employee’s retirement plan with regard to oil, gas and coal investments, as well as other County investments, and request the State Treasurer to remove these funds immediately. She said oil, gas and coal companies are resisting this divestment, but doing so 2 is a powerful tool. She said 14% of funds in these investments that have been divested already are in pension plans and other retirement plans. She said she receives a pension from the State. She encouraged the Board to pursue this, and inspire others to do the same. Chair Rich said this would be taken up as a petition. Riley Ruske said he presented a letter to the Board of County Commissioners and a petition on September 3, regarding reciting the Pledge of Allegiance. He said he recently received a letter from the Board Chair with a response, but some items have not been discussed. He said this letter is an inadequate response, as it does not address all of the points in the petition, and he considers this letter as a non-response to the petition. He said he is resubmitting this petition, and expects the Board to publicly discuss and vote on it. He said the public has a right to know how each member feels about reciting the pledge, and the social justice and inclusiveness impacts of doing so. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner McKee said he had no comments. Commissioner Greene said she had no comments. Commissioner Marcoplos said he had no comments. Commissioner Price said she attended the Triangle J Council of Governments’ Summit where keynote speaker Michael Goodman, gave a wonderful presentation about “Assistance Approach”. She said she sat in on a workshop relating to a regional approach to housing, where one of the panelists was from the County’s Department on Aging. She said this staff member is creating a database on housing needs. She said she also attended a workshop on financing local resilience strategies. She said no additional workshops are planned at this time, due to a lack of funding. Commissioner Price said she has attended the collaboration meetings with the municipalities. She said in the Chapel Hill meeting, the group discussed looking at the environmental study. She said all involved want to place emphasis on this, including some neighbors to the Greene Tract, with whom she spoke. Commissioner Price said the Board received a letter from the Northern Orange MLK, Jr. commemorative committee, regarding the 25th year of their hosting events. She asked if the Board could respond to this letter. Commissioner Bedford said she had no comments. Commissioner Dorosin said he received an email on September 22 about sidewalks around Hillsborough and Orange County schools, and the need for walkable ways to get to school. He said there was also a March email from the Manager that said the issue would be addressed with staff, but nothing seems to be getting done. He said he would like to see a more aggressive plan. He said the Board is not in the business of sidewalks, but it is in the business of public safety and environmental justice, and he would like to see this issue back at the top of the Board’s agenda to see what it can do to incentivize walking paths. Chair Rich said the Chair and Vice Chair just had conversation about this with Hillsborough, and there is money in the budget to do a study. She said this is a priority issue. Bonnie Hammersley said money was budgeted for a study in order to determine if a bike-ped path or walking paths would be better. She said this study and research will be done in advance of the budget, and staff will meet with the partners to see how to move forward, once the study is completed. 3 Commissioner Dorosin said the schools need to be involved. He said school safety is important, and getting to and from school is a critical issue. He asked if this could be added to a school collaboration meeting agenda. Chair Rich said the school collaboration team is meeting on Friday, and there has been some confusion about these meetings. She said a facilitator is needed for these meetings, and one has recently been found. She said the Clerk’s office is working on some dates in January or February for the School Boards to meet, and this will be a topic of discussion. Chair Rich said that Commissioner Dorosin talked at a recent meeting about universal pre-K, and made a petition to look into it. She said there is some information already gathered, and staff is continuing to research this idea. Chair Rich said that the Latina Center opened on UNC campus on October 4, which is exciting. She said she went to an Ambassador Program meeting at the School of Government, and applications to this program are available. She said they talked about having civil conversations for four hours, including some conversation about charter schools, with 95% of the room being on the same page about charter schools. Chair Rich said she is making a petition to review taking Board meetings on the road. She said smaller counties are doing this once or twice a year, and she would like to see how difficult this would be for the BOCC to do. She said the meetings could not be broadcast, but others have used Facebook Live or other ways to capture the meeting. She asked staff if this is logistically possible to try in the northern and western parts of the County. Chair Rich said Durham Councilwoman Javiera Caballero has been getting criticism as being a non-legitimate person, which is untrue, and offered the Board’s support of her. 4. Proclamations/ Resolutions/ Special Presentations a. Recognition of Cedar Ridge High School Students for Video Presented at the United Nations BACKGROUND: Digital Promise Global, the United Nations SDG Action Campaign, and Oculus launched MY World 360°, supporting youth worldwide to create 360° media as a way to share their perspectives and advance positive action toward the 17 Sustainable Development Goals (SDGs) adopted by the United Nations in September 2015. The program aims to drive youth engagement and agency, improve youth understanding about global issues impacting communities around the world, build young people’s technical production skills with new media, and spur public awareness and action. Students, under the direction of Cedar Ridge Videography Instructor Andrea DeGette, wrote, produced and edited a short film titled, “Around the Same Table.” Students from 24 nations submitted 76 videos to MY World 360°. Nine were chosen to be screened at the summit. Degette applied for an equipment grant through Digital Promise Global and Oculus in spring 2019. Justus Alder, who graduated from Cedar Ridge in 2019, filmed and edited “Around the Same Table." Former Cedar Ridge student Alexis Barnes, a graduate from UNC’s Hussman School of Journalism and Media, taught students how to use the 360 virtual reality equipment. Alder and Cedar Ridge senior Charles Bunker were featured in the video. Todd McGee, Community Relations Director, introduced Andrea DeGette. He said this was an international competition at the UN with 76 entrants from 24 countries, and Cedar Ridge was one of nine to be chosen at the summit. 4 Andrea DeGette introduced her student, Justus Alder, and thanked the Board for showing the film tonight. She said they acquired an equipment grant to make a film about local farming, and how it brings various parts of the community together around the issue of sustainability. She said her students Justus Alder and Charles Bunker work in farming, and came together to create this project. She said Justus Alder received an all-expenses paid trip to the United Nations to represent Cedar Ridge’s videography program. Justus Alder said Orange County is a great place that is big on sustainable farming. He said he hopes people will continue to work together on this issue. A member of the public asked how they distribute food to those who need it. Justus Alder said they have a partnership with the Methodist Church in Cedar Grove, and also drive it door-to-door to meet needs. Chair Rich said this was an awesome presentation, and it is evident how much effort was put into making this work. She thanked Justus Alder for all that he does, and congratulated him on his accomplishments. b. Orange County Arts Commission 2019-20 Grant Recipients The Board presented grant checks to local artists and arts organizations receiving 2019- 20 Orange County Arts Grants. BACKGROUND: The Orange County Arts Commission (OCAC) awards grants to local artists, schools and nonprofit organizations from funds received from the state and Orange County government for this purpose. These funds are distributed for arts projects and programs in all arts disciplines. The OCAC grant review and awards process is as follows: 1. The grant application process is open for two full months. During these two months, three training sessions are hosted throughout the County and the OCAC Director is available for one-on-one meetings. An “early review” deadline is offered one week ahead of the due date, allowing applicants to have staff review applications and receive feedback. 2. After the due date, the OCAC Director conducts an initial compliance review. Applications are checked for insufficient/missing financial documents, missing work samples, and completion of the correct type of application (for example, organizations must submit a Grassroots Arts Program Grant and cannot submit Artist Project Grant applications). Applications found noncompliant are considered disqualified. 3. Qualified applications are forwarded to members of each review panel for initial review and scoring: a. Visual Arts: Composed of OCAC Board Members with visual arts expertise, as well as one visual arts professional from the community. 5 b. Performing Arts: Composed of OCAC Board Members with performing arts expertise, as well as one performing arts professional from the community. c. Arts in Education: Composed of OCAC Board Members with public education experience. 4. Non-governmental Grassroots Arts Program (GAP) applicants are also evaluated by a Financial Review Panel that evaluates the organization’s submitted financial documents to determine financial solvency and stability. Factors considered include the ratio of administrative or fundraising expense in overall budget, as well as a deficit or surplus without explanation and/or stated plan. 5. Each panel meets in person to evaluate assigned applications. Feedback, first strengths and then challenges, is offered by panelists and recorded by the Director. After discussion, each panelist submits a score through the online platform for each of the categories below. After all scores are submitted, the director records the final average score per applicant. 6. The scoring rubric for each grant program is as follows: GRASSROOTS ARTS PROGRAM GRANTS Artistic Merit – 35% Community Impact – 30% Program Management – 15% Financial Review – 10% NC Arts Council Priority of Funding – 10% ARTIST PROJECT GRANTS Artistic Merit – 50% Community Impact – 25% Program Management – 25% ARTS IN EDUCATION GRANTS Artistic Merit – 40% Integration in curriculum and/or enrichment – 40% Need (Free and Reduced Lunch Percentage) – 20% 7. Funding decisions are made at the next Advisory Board meeting. This year, funds were divided based on the percentage of applicants from each category. Artists represented 41% of applications, organizations 34%, and schools 25%. Therefore, the total of available funding ($62,058) was divided within those framework percentages. 8. Within each of the three categories, applicants are funded based on their score, e.g., an application with a score of 73 would receive 73% of their request. If excess funds were available in a category after dispersing funds based on score, they were divided among all recipients in that category. 9. All applicants are notified of the panel’s decisions. All GAP applicants received panel feedback. Artist Project Grant applicants can receive feedback upon request. Katie Murray said the Arts Commission received 80 grant requests for $187,560. She said 30 (38%) were first time applicants, and the Commission funded 60% of eligible request this year, and awarded $28,800 in Orange County funds, and $31,703 in State Grassroots Arts Program Funds. She said 43 grants were funded, included 10 first time applicants. She said the Commission received more applications from individual artists than organizations, and recipients included 16 artists, 15 non-profit organizations, and 12 schools. She said state grassroots funds and the Piedmont Laureate program usually also support the Commission’s funds; the Piedmont Laureate program will not be funded this year, but these funds were funded through the Arts Commissions’ general budget. She thanked the BOCC for its ongoing support. Katie Murray introduced the recipients, and Commissioner Greene presented the checks. 6 GRASSROOTS ARTS PROGRAM GRANT RECIPIENTS ORGANIZATION PROGRAM NAME OF REPRESENTATIVE Ackland Art Museum at the University of North Carolina at Chapel Hill Two ART& public artist programs by artist collective Intergalactic Soul at the Ackland Art Museum in FY20. Allison Portnow Lathrop Carrboro Elementary School Carrboro Elementary 2019/2020 Cultural Arts Programming Lynn Weller Cedar Ridge High School (Orange County Schools) Hip Hop and Jazz Ensemble Performance at Cultural Explosion Jason Johnson Cedar Ridge High School Darkroom Project Cedar Ridge High School Darkroom Project Andrea DeGette, Bill Boyarski, Thane Bell Chapel Hill Philharmonia Chapel Hill Philharmonia Annual Children's Concert John Konanc Chapel Hill-Carrboro Public School Foundation For Kids By Kids/Mariposas book project Lynn Lehman, Andrea Tanner Chapel Hill-Carrboro Public School Foundation Chapel Hill High School Hip-Hop Team Lynn Lehman, Andrea Tanner Chapel Hill-Carrboro Public School Foundation Scroggs Community Mural Project Lynn Lehman, Andrea Tanner Chelsea Theater Operating Support for the Chelsea Theater Emily Kass CW Stanford Drama Club CWS Drama Club Director funding Jessie Malloy East Chapel Hill High School Visual Arts Artist In Residence: Delores Hayes and Raku Firing at Liberty Arts Studio Melissa Vrooman Olson Ephesus Road Elementary School PTA Cultural Performances at Ephesus Elementary Sarah Roberts Estes Hills PTA Estes Hills Elementary Cultural Enrichment Program 2019-20 Melissa Kushnir, Sarah Brincefield Guy B Phillips Middle School PTSA Cultural Enrichment Performances at Phillips Middle School, 2019-2020 Kristen Stewart Hillsborough Arts Council Hillsborough's Last Friday Art Walk Torey Mishoe Hillsborough Arts Council Teaching Artists and Performers for the 2019 Solstice Lantern Walk Torey Mishoe Hillsborough Arts Council Salary Support for Hillsborough Arts Council Tori Mishoe McDougle Elementary School Parent Teacher Association (MES PTA) Cultural Performances at McDougle Elementary School Daniela Miteva Musical Empowerment Salary Support for Musical Empowerment Kelly Downey New Hope Elementary (Orange Support for Artist in Residence Jason Johnson 7 County Schools) Program in Title 1 Schools North Carolina Arts in Action Providing life skills through dance, music and performance for underserved students at Rashkis Disha Dewan Orange County Artists Guild Orange County Artists Guild Advertising Outreach Judith Ernst & Ross Ford Puppet Show Incorporated Fabled Puppet Productions Ronnie Jackson The Village Band of Chapel Hill and Carrboro Salary Support for The Village Band Ed Cox and Sharon Bushnell University of North Carolina at Chapel Hill/PlayMakers Repertory Company 2019-20 PlayMakers Mobile Touring Program Amelia Stanley Voices the Chapel Hill Chorus Salary Support for Rehearsal and Concert Accompanist Susan Brunssen 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 Jenne My Room at Attic 506 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 Rossetti/BJ Warshaw) Visiting Artist: Tod Seelie Moore, Andrea Edith (Shannon Healey) Family Secrets: Kith and Kin Recording 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 sladesign 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 Chair Rich congratulated all the recipients. c. Dispute Settlement Center Month Proclamation 8 The Board considered voting to approve a proclamation designating November 2019 as “Dispute Settlement Center Month” and authorize the Chair to sign. Former Commissioner Mia Burroughs read and received the proclamation. She extended greetings from Frances Henderson, who is traveling, and expressed appreciation for the support over the years, and for purchasing their services. BACKGROUND: The Dispute Settlement Center began as a community mediation center in September 1978 to provide mediation services to Orange County residents, and was the first community mediation center in North Carolina. The Center now serves over 3,000 people through mediation, training, facilitation, and Restorative Practices for youth services, and is an essential partner for the courts, the schools, and government units, and a resource for residents. The Center is celebrating its 40th year as a statewide leader in the provision of its services. ORANGE COUNTY BOARD OF COMMISSIONERS DISPUTE SETTLEMENT CENTER MONTH PROCLAMATION Whereas, the Dispute Settlement Center began as a community mediation center in September 1978 to provide mediation services to Orange County residents; and Whereas, the Dispute Settlement Center was the first community mediation center in North Carolina, and assisted in the formation of others around the state; and Whereas, the Dispute Settlement Center now serves over 3,000 people through mediation, training, facilitation, and Restorative Practices for youth services; and Whereas, the Dispute Settlement Center is an essential partner for the courts, the schools, and government units, and a resource for residents; and Whereas, the Dispute Settlement Center is a statewide leader in the provision of these services; and Whereas, the Dispute Settlement Center is celebrating its 40th year of operation; NOW, THEREFORE, we, the Board of County Commissioners of Orange County, North Carolina, do hereby proclaim November 2019 as “DISPUTE SETTLEMENT CENTER MONTH” in Orange County and invite residents to observe this month with appropriate programs, ceremonies, and activities. This, the 15th Day of October, 2019. A motion was made by Commissioner McKee, seconded by Commissioner Price for the Board to approve a proclamation designating November 2019 as “Dispute Settlement Center Month” and authorized the Chair to sign the proclamation. VOTE: UNANIMOUS 5. Public Hearings None 9 6. Regular Agenda a. Designation of an Agent to Administer Orange County’s Application to FEMA’s Hazard Mitigation Grant Program The Board considered voting to designate an agent for Orange County’s application to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grants Program for repetitive loss property acquisition and to serve as a sub-applicant for the University of Chapel Hill to fund the installation of a generator for its Emergency Operation Center and authorize the Manager to sign. BACKGROUND: During September 14th through 17th, 2018 Orange County was significantly impacted by torrential rain and winds due to Hurricane Florence. As a result, significant flooding occurred over the course of several days, and Orange County was included in the list of counties that received a major disaster declaration from FEMA on October 22, 2018. (Disaster number: 4393-DR-NC). Orange County is submitting a grant request for the two projects outlined below: Project #1 Despite emergency protective measures that were taken by the County, several residential properties were flooded during Hurricane Florence due to heavy and cumulative rainfall. One of these properties, 503 Brandywine Road (PIN 9777-20-6348) within the Chapel Hill Township, sustained significant damage. Flood waters effectively destroyed the first level of the home and all of its contents. Staff completed a damage assessment of the property and concluded that the property sustained approximately $87,000 in damage. The property was developed sometime in 1971 before the County adopted comprehensive floodplain mitigation standards, and it is located within an identified floodplain. This property is considered to be at ‘high risk’ for flooding, as defined by FEMA. Over the past 10 years, this property has suffered repetitive losses due to heavy rains and flooding. Both the Planning and Inspections Department and Emergency Services Department have coordinated efforts during this time period to secure the necessary funding to purchase the property and remove the existing residence. Based on its flooding history, the property officially constitutes a potential public safety hazard, but staff had been unable to sufficiently justify requests for acquisition and removal due to a lack of significant damage. However, as a result of the flooding that occurred during Hurricane Florence, staff can designate the property as being ‘substantially damaged’, consistent with the provisions of the Unified Development Ordinance (UDO) and are able to justify a grant request for acquisition. Once the County receives the grant funds, the County will acquire the property, contract for the deconstruction of the house, and restore the property to green space. Project #2 Orange County has received a request from the University of North Carolina at Chapel Hill to serve as the sub-applicant for an emergency generator project on the University’s behalf. UNC Chapel Hill is seeking grant funding to install an emergency generator to support its environmental health and safety facility on Estes Drive Extension, which serves as the campus Emergency Operations Center. The total of this grant request is approximately $414,000. A letter of request from UNC Chapel Hill is attached. As a part of the process, the County must adopt a resolution designating an agent to apply for and receive project assistance from FEMA’s Hazard Mitigation Grants Program. 10 Kirby Saunders, Emergency Management Coordinator, made the following PowerPoint presentation. He said, after a declared disaster, the County is eligible for mitigation funding, which is used to reduce the impact of potential impacts: Kirby Saunders said the country has already seen 10 major disasters this year, and this is the 5th consecutive year of $10 billion disasters. He said this has been the costliest of all disasters in the history of the country. He resumed the PowerPoint presentation: Kirby Saunders said the mitigation program has a significant return on investment; every $1 spent on mitigation results in $7 in savings in recovery. He resumed the PowerPoint presentation: 11 Kirby Saunders said this has been a joint effort with the County’s Planning and Inspections department. He said this area is at high risk, being in the floodplain for the past 10 years, and had substantial damage with Hurricane Florence. He resumed the PowerPoint presentation: Kirby Saunders said this property is in the floodplain, and has been the target of mitigation efforts for 10 years. He said the funding had not been previously available, and not until Hurricane Florence did this property suffer significant damage. He said this damage now justifies the grant. He resumed the PowerPoint presentation: 12 Kirby Saunders said the base elevation of the property is significantly lower, causing a large risk of potential flooding. He resumed the PowerPoint presentation: Kirby Saunders said the property will be returned to natural space, and deeded for 100 years. He said the grant process lasts 36 months with lots of regulation, documentation and reporting. He said staff feels this is the only solution for this property. He resumed the PowerPoint presentation: Kirby Saunders said staff believes this provides critical infrastructure for the area. He resumed the PowerPoint presentation: 13 Kirby Saunders said this process of mitigation is in the Eno-Haw mitigation plan approved by the Board of County Commissioners in 2015. He said staff is in the process of updating the plan, which is required every 5 years, and is working with Triangle J and encouraging the public to participate in a survey, which is available through the end of the month. He said Emergency Services plans to come back to the Board by June 2020 with the updated plan. Commissioner Greene asked if there is a reason why UNC does not submit directly for the grant. Kirby Saunders said the campus’ community does not have an active mitigation plan, which is required to apply for these funds, so the only option is to apply through the County. He said the University chose not to be a part of the County’s mitigation plan at the time it was created because it was creating its own; however, this has not yet come to fruition, so they only have the option to be a sub-applicant. Commissioner Price referred to the Brandywine Road home, and asked if this is the only one included in the application, or if there are other possible applicants. Kirby Saunders said this is the only property for which help was requested under Hurricane Florence, and floodplain staff is reviewing others that may potentially be impacted in future situations. He said a challenge in this community is that the FEMA federal cap on property acquisitions is $276,000, and it is difficult to meet this as most property in the area is valued higher. Commissioner Price asked if the family has been relocated. Kirby Saunders said not yet, as the funds have not been acquired, but the grant funds do allow relocation assistance for up to a year. Commissioner Price said the family is awaiting the funds, while living in a bad situation. 14 Kirby Saunders said the house was uninsured during the last flood, and the family used its own funds to make it habitable for the time being. Commissioner Dorosin asked if all of the $322,000 will be paid to the family. Kirby Saunders said the amount the family receives is based on a fair market appraisal. Commissioner Dorosin asked if there is any idea of what that appraisal will be. Kirby Saunders said he does not know. Commissioner Dorosin asked if there is a range, and how much will go to purchase the property versus demolition, regrading of land, etc. He asked if there is an estimate for these costs. Kirby Saunders said he can provide that information, and believes the tax-assessed value is $144,000, which is not a fair market appraisal. He said the amount is based on a pre- event appraisal for fair market value, which needs to be under $276,000. He said if the situation were to increase beyond a cost-benefit ratio that was determined by FEMA, the County could do in-kind support through paying for a survey, the closing costs, etc. Commissioner Dorosin said an appraisal should not be needed to know how much it will cost for demolition. Kirby Saunders said there is a draft budget with approximate costs, which can be provided to the Board. Commissioner Marcoplos referred to the $276,000 maximum, and asked if a place like Camelot Apartments would be viewed as one property, or divided into subunits of $276,000 each. Kirby Saunders said he and his staff are working with the Chapel Hill partners to target the Camelot area. He said it is considered as a condominium setup, and is considered one tract with multiple owners, which requires 100% consensus of owners. He said the only way around that is to subdivide, but he is uncertain of the status of this. He said without 100% owner consensus, mitigation efforts cannot be pursued. He said when using federal dollars, there can be no pressure or persuasion with the homeowners. Commissioner Dorosin said the owners are looking to redo University Mall, and he would like to see affordable housing included, and offer it 1 for 1 to the people who own the units in Camelot village. He petitioned for the Board to weigh in collectively to the Town of Chapel Hill’s vision process. Commissioner Greene said Moody, which does creditworthy analyses, is paying more and more attention to hazard mitigation as an element of its evaluation. Chair Rich asked if fact sheet and survey could be put on the website, as well as a link to the application form. She said, since all towns are participating, this should be included on those websites as well. She asked the Clerk’s office to follow up on this request. A motion was made by Commissioner Marcoplos, seconded by Commissioner Bedford for the Board to: 1) approve the Resolution designating Kirby Saunders as the County’s Primary Agent and Michael Harvey as the Secondary Agent for this Hazard Mitigation Grant Program application; 2) direct the Clerk of the Board of County Commissioners to sign as the Certifying Official; 3) authorize the designated agent to submit the Hazard Mitigation Grant Project application to North Carolina Emergency Management for approval; and 4) authorize the Manager to execute and sign all necessary documents in support of this grant opportunity. VOTE: UNANIMOUS 15 b. Authorization to Proceed with Phase 1 of the Proposed Eno River Mill Arts Project and Associated Lease Agreement with Hedgehog Holdings The Board received information on the proposed Eno River Mill Arts Project and considered voting to approve the Orange County Arts Commission and staff moving forward with Phase 1 of the Project by authorizing the Manager to sign a lease agreement with Hedgehog Holdings for artist studio space at the Eno River Mill in Hillsborough. BACKGROUND: The Orange County Arts Commission (OCAC) has identified a lack of infrastructure and equitable access as the two primary barriers for a healthy creative ecosystem for Orange County artists and residents. By working in partnership with the Gold Family and its partner, Hedgehog Holdings, the OCAC seeks to activate Hillsborough’s historic Eno River Mill through the arts, providing critically needed space for the creative community, as well as generating economic impact for the surrounding area. The mill, located in West Hillsborough along the Eno River, opened as a yarn mill in 1897 and operated until 1984. It was bought by the Gold Family in 1988. Hedgehog Holdings became managing partner in 2015. Currently, it houses Weaver Street Market’s commissary, the Expedition School, The Cloth Room Events Space and several small businesses. However, it has vast amounts of raw, vacant space that would be perfect for the visual and performing arts. The project is proposed to move forward in three phases, beginning with establishing thirteen (13) move-in-ready artist studio spaces in Phase 1, and eventually providing space in Phases 2 and 3 for additional programs. Phase 1 and the overall project will increase arts access for residents regardless of socio-economic status, while transforming the Mill into an arts destination and economic asset for the Town of Hillsborough and the County. Approval to move forward with Phase 1 and the lease agreement with Hedgehog Holdings will provide thirteen (13) affordable artist studio spaces for local visual artists. Pending Board approval, staff will develop a press release and pursue other opportunities to publicize the project, and specifically the availability of the thirteen (13) artist studio spaces. Katie Murray, Arts Commission Coordinator, said the Arts Commission has been evaluating current needs, and actively working to serve the creative community. She said the three largest needs are: a stronger local arts agency; physical space for the arts; and increased accessibility to the arts. She said Hillsborough is a hotbed for the arts right now, and the Hillsborough Town Board actively supports the idea for the Eno Arts Mill. She said the Mill is a wonderful, accessible location, and the timing is right. She made the following PowerPoint presentation: 16 Katie Murray said many compatible businesses are already located here. She resumed the PowerPoint presentation: Katie Murray said the Mill is family owned, and is listed on the National Registry of Historic Places. She resumed the PowerPoint presentation: 17 Katie Murray said the Torpedo Factory gets approximately ½ million visitors per year. She resumed the PowerPoint presentation: Katie Murray said Hedgehog would do the upfitting for the space, and minimal upfit is needed. She resumed the PowerPoint presentation: 18 Katie Murray said artists need space have to go outside of Orange County now. She resumed the PowerPoint presentation: Katie Murray said there is a lot of potential for future opportunities for other types of arts, such as a children’s theater or visual arts space, which coincides with Hedgehog’s plan to develop low cost and/or subsidized housing for artists. She resumed the PowerPoint presentation: 19 Katie Murray said the Arts Commission is in the process of setting up a nonprofit 501(c)(3) to consider a future capital campaign to accommodate growth ideas. Fred Joyner, Arts Commission Board Chair, thanked the BOCC for listening to this idea. He said he has been a beneficiary of art spaces in the past, and was an implementer and advocate for this type of work in D.C., which changed his practice as an artist. He said he has also expanded these efforts to international work. He said he has been able to witness how these projects benefit the community, and learned what needs to be done to make it happen. He said communities need to build resilience, and this type of project does just that. He said these types of spaces have helped him to become the artist he is today, and have helped him grow. Frank Gaylor, Hedgehog Holdings owner, said it is fortunate for Orange County to have people like Katie and Fred who are passionate about the arts. He said this old building needs creative people. He said it is on the National Register of Historic Places, and he is excited about the opportunity to help combine everyone’s efforts. He said his company has negotiated well, and wants to make it happen. 20 Commissioner Dorosin said this is exciting, and asked if it is understood how this will work operationally. He said part of the goal is to create space for artists who may not have resources, and asked if there will be any special type of targeting for artists with low financial resources. Katie Murray said the County would be renting the space from Hedgehog, and the Arts Commission will put out a call for space, and give a deadline. She said the Arts Commission will look at the need, where the artists are in their career, the type of art, and will select. She said there is a desire to target younger artists who do not have home studios or financial resources. Commissioner Dorosin asked if the Arts Commission will rent the space from the owner, and if the County will collect rents. Katie Murray said yes. She said an artist/manager will possibly serve as an onsite point person and receive reduced rent, but this is not fully worked out. Commissioner Dorosin asked if the criteria will be publicly available. Katie Murray said yes, just like any other call. Commissioner Dorosin asked if some spaces will be shared by multiple artists. Katie Murray said they could be. She said the larger spaces would be $500 a month, that could be shared, and there is a maximum of 13 artist spaces available. Commissioner Price asked about the outlay for County, and if the County has to pay the rent and then get reimbursed by the artists. She asked if there is a timeline in place for when this will be available. Katie Murray said this is still being worked out. She said the space is move-in ready, with the exception of a bathroom that needs to be installed, which Hedgehog will do. She said it may be a question of timing, and the Arts Commission has the means to pay upfront if needed. Commissioner Price asked if it is known when Hedgehog needs be paid for the first month. Katie Murray said a firm start date is not yet set, as commitments are needed from at least 10 artists before the County will lease the space. Bonnie Hammersley said the lease will not be signed until there are 10 artists ready to sublet from the County. She said from an accounting perspective, it will have an expenditure line and a revenue line. She said the timing could be slightly off, but it will work out. Katie Murray said it will take about 60 days to install the plumbing, and she expects there will be more people interested than there is space. Commissioner Price asked if the lease would be for one year. Katie Murray said that the County’s lease will be for 5 years, and the artist’s lease will be for one year. Commissioner Greene applauded the work that has been put into this project, and said it is really exciting for artists to engage with the public. She said it is essential to how they practice, and it is significant that the gap can be filled by Article 46 funds, as this is an economic development effort. Commissioner Bedford asked if the 30% commission is standard. Katie Murray said yes, it is a common standard for sold artwork, but can vary a bit. She said artists realize that the property manager offers the space to sell their work, so some of the cost needs to go back to them to continue the ability to service the space. Commissioner Bedford said this is a great opportunity, but she can see where the County might have to chase rental monies. She said the arrangement needs someone to oversee cash management and funds control, and it may be necessary to recruit some accounting talent to protect these dollars. She said in the big picture, this project is helping the artists and their development, and they are getting low market rents. She said Eno Mill will definitely benefit from a rental arrangement, but 20 years from now, the County will still be 21 renting. She said she knows it is early, but encouraged the Arts Commission to not give up on the long-term vision of purchasing space. Katie Murray said that in the arts world, owning or renting space is a constant debate, as so much upkeep goes into just maintaining the space. Commissioner Dorosin said if the County owned the property, there would be no property tax revenue. Chair Rich said she had the opportunity of going to Minneapolis earlier with Katie Murray this summer, and heard about several very positive projects. She said she recently went to a seminar on a circular economy, of which this is a great example. She said she would like to see sustainability worked into the plan with the artists’ space, encouraging no waste. She said she is excited about the opportunities. Commissioner Price thanked everyone who has been involved. She said the community has been waiting in Hillsborough for 2-3 decades to make this happen. She said she is optimistic that it will work, and add another dimension to Orange County. Commissioner Dorosin said he hopes this opportunity will be used to reach a diverse cross section of the community. Chair Rich said the County should promote this in as many ways as possible. A motion was made by Commissioner Greene, seconded by Commissioner Price for the Board to: 1. Approve Phase 1 of the Project and authorize the County Manager to sign a lease agreement with Hedgehog Holdings for up to five years consistent with the rent schedule outlined in the attached project outline. This authorization is contingent on approval by the County Attorney and commitments from ten or more artists to sublease the space from Orange County; 2. Authorize the County Manager to sign sub-lease agreements with artists according to the sub-lease rate schedule detailed in the attached project outline, pending review by the County Attorney; and 3. Authorize staff to prepare a budget amendment to set up the program and account structure in the Article 46 fund. VOTE: UNANIMOUS 7. Reports None 8. Consent Agenda  Removal of Any Items from Consent Agenda Chair Rich said there was a request to pull item 8-f from the consent agenda for public comment. Chair Rich said she has some revisions to the minutes in item 8-a.  Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Greene to approve items 8-b, 8-c, 8-d, 8-e and 8-g on the Consent Agenda. VOTE: UNANIMOUS 22 b. Fiscal Year 2019-20 Budget Amendment #2 The Board approved budget, grant, and capital project ordinance amendment for fiscal year 2019-20 for the Department of Social Services; Animal Services; Library Services; Asset Management Services; County Capital Projects; and the Health Department. c. Health Department Mobile Dental Clinic Contract The Board approved a contract with Lifeline Mobile for $445,748 to purchase a mobile dental clinic, and authorized the Manager to sign the contract. d. Amendment to Sections of the Code of Ordinances The Board amended the Code of Ordinances to clarify an inconsistency in definitions. e. Disaster Debris Removal and Clearance Service Agreement The Board approved an Agreement with Crowder Gulf, LLC for the purpose of providing Disaster Debris Removal and Clearance Services and authorized the Manager to sign the agreement. g. Support for Orange County Opioid Task Force The Board approved expressing support for an Opioid Task Force to coordinate efforts to address opioid overdose in Orange County and will be facilitated jointly by the Orange County Health Department and the UNC Medical Center. f. John M. Link, Jr. Government Services Center Remediation Project – Rejection of Apparent Low Bid The Board will consider voting to authorize the County Manager to reject the non-responsive apparent low bid for the Remediation of the John M. Link, Jr. Government Services Center project that was opened on Thursday, September 25, 2019. Ryan Plankenhorn, Resolute Building Company, provided public comment on the recent bidding process for the Link Center. He said Resolute was apparently the lowest bidder by $700,000, but the architect did not agree to accept their bid due to it not being responsive and responsible. He said Resolute does not agree with this recommendation, and asked if the County would reconsider the bid prior to making a decision. He said the architect’s question was regarding how Resolute would comply with the project as all of the qualifications were not met. He said in Resolute’s bid package, it was said that Resolute (General Contractor) was in association with Blue Sky Construction (Abatement and Demolition Contractor), and were able to ensure the best, safest product possible could be delivered by combining the strengths of these two companies. He said there was confusion when Resolute was asked what “in association meant”. He said, in the letter to the architect, Resolute explained that if it were awarded the project, it would set up a formal relationship with Blue Sky, who had the required certifications for remediation. He said the County said that since Resolute did not have a joint venture with Blue Sky in place at the time of the bid, the bid would be rejected. He said before the County spends an additional $700,000, he would ask the BOCC to reconsider. He said if that is not possible, he would recommend that the project be rebid in the next couple of weeks. John Roberts said the RFP required a specific certification because of the remediation of the project. He said it is an absolute requirement, and Resolute did not meet this requirement. He said the RFP stated that a formal arrangement with a subcontractor, with the required certification, is necessary. He said Resolute said it was in association with Blue Sky, which has the required certification, but stated that Blue Sky is not a subcontractor. He said Resolute said the formal association would be complete when the bid was accepted. He said he looked for case law, and could not find any that spoke either side of this issue. He said this is the first time in 10 years that the County has rejected a low bid, so there is no precedence. He said it is recommended that the bid be rejected since there is no subcontractor with the required certification, and no professional business relationship between Resolute and Blue Sky. Commissioner Marcoplos asked if the practicalities of a business association could be described, and if it is a formal arrangement. 23 John Roberts said it is an agreement between two entities, and the filing of some paperwork. He said it is a simple process, and the architects were surprised that the bid came in without the filing already in process. Commissioner Marcoplos asked if there is a reason, from a financial standpoint, why a business would hold off on the filing until there is a certain need for that relationship. John Roberts said he is not certain, but the County would not want to award a bid without the certification, because it would not be a firm, binding bid. Commissioner Marcoplos asked if the County can accept a bid, with a contingency of completion of the business relationship, before the work is done. John Roberts said he has never done it, and is not certain if it can be done legally. Commissioner Marcoplos said Resolute is a local company with a strong track record, and, while he understand what happened, he is having a hard time understanding why there is no flexibility with this question. Commissioner Dorosin asked if there is a reason why the County could not just rebid the project, as Resolute would probably get it due to the cost. John Roberts said one path forward would be to reject all of the bids, and authorize a rebid for the project. Commissioner Marcoplos asked if this process has any impact on bidder rights. John Roberts said the County has the absolute authority, under state law, to reject all bids, so there is no infringement on the bidder’s rights. Commissioner Marcoplos asked if there are any drawbacks to rejecting all bids. John Roberts said he is not certain. Commissioner McKee said it is clear that the BOCC can reject all bids, and call for a re- bid. He said it is quite clear that the process or requirements were not met, so he sees no reason not to reject all bids and to put it back out for a bid. Commissioner Price asked if the BOCC is required to consider the second lowest bid, if the lowest was rejected due incomplete qualifications. John Roberts said usually, yes, the next low bidder would be negotiating for the contract. He said the BOCC has not yet rejected the lowest bidder, so there are no rights to consider. He said it is within the Board’s authority to reject all bids. He reminded the BOCC that anyone can sue for anything, at any time. Commissioner Dorosin said the options are to reject all bids and rebid, and Resolute could rebid while meeting all of the qualifications; or the Board could reject Resolute’s bid and take next highest bid, which is not appealing to anyone because of the significant difference in cost. He recommended rejecting all bids, and put it back out to allow Resolute to meet the qualifications, and later accept the lowest bid, which would probably be Resolute. A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to reject all bids and put the project out again for bid. Commissioner Marcoplos asked if there is a timeline for this process. John Roberts said it took 2-3 weeks last time. Commissioner Price asked if the other applicants would be notified. John Roberts said yes. VOTE: UNANIMOUS a. Minutes The Board will consider correcting and/or approving the minutes from October 1 and 3, 2019 as submitted by the Clerk to the Board. 24 Chair Rich said she would like to clarify some things in the minutes. She referred to page 2 of the minutes from October 1, where Commissioner Dorosin said he wanted to start a committee to review universal Pre-K. She asked Commissioner Dorosin if it is acceptable to review the information already gathered by the Manager’s office, prior to the creation of this committee. Commissioner Dorosin said he wants to adhere to a 12-month timeline, and he does not mind reviewing that information, but wants to get this done most effectively. Chair Rich referred to line 42 of page 3, and said Commissioner Dorosin asked about the reconfiguration of the Greene Tract land. She said she met with Chapel Hill this week, and she wants to clarify that Chapel Hill had voted on the reconfiguration twice; Chapel Hill wants the Board to know it voted, but she said the project cannot move forward until there is a plan for the usage. Commissioner Dorosin asked if anything has been filed in the Register of Deeds Office that the land has been reconfigured. Chair Rich said no, it has not. Commissioner Dorosin said everyone has voted, but no action has been taken. Chair Rich said it is not in anyone’s interest until a purpose for the land is determined. Commissioner Dorosin clarified that the land is not reconfigured. Chair Rich said correct; Chapel Hill voted to reconfigure, but it has not been completed yet. A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to approve the minutes. VOTE: UNANIMOUS 9. County Manager’s Report Bonnie Hammersley reminded the Board that the Economic Development Summit is tomorrow, and she hopes to see everyone there. 10. County Attorney’s Report John Roberts said that the Legislature has not adjourned yet, but the Senate expects to adjourn by the end of the month. 11. Appointments Chair Rich said at the last work session, the Board talked about discussing applicants at future work sessions. She said the Clerk’s office will be working on getting a different data system, and Commissioner Dorosin and Commissioner Price are working on reducing the length of the application. She said some appointments need to be done now. a. Jury Commission – Appointment The Board will consider making an appointment to the Jury Commission. Chair Rich said the need for this appointment is very timely, as the Jury Commission chooses the juries at the end of the year. She said she spoke with Clerk Kleinschmidt, who asked the Board to make this appointment, because this is the first time that he has done this. Commissioner Dorosin said he appreciates the letter from the Clerk, but is concerned that the candidate has already served 8 terms, and the other two members have served since 25 2015 and should have institutional memory. He said his concern is to rotate people out, and he thinks the BOCC ought to appoint someone else. Commissioner Marcoplos asked if the responsibilities of this commission could be clarified. Commissioner Dorosin said it coordinates the roll for who is in the jury pool. Commissioner Marcoplos said Mr. Hall is a great guy to do that, and has done a great job. Commissioner Dorosin said he does not doubt that. Commissioner Price said she agrees that it is good to rotate, but she struggles with this with all of the boards. She said when a staff person makes a request based on the quality, or timing, of the candidate, she wants to respect that request. She asked if other people been interviewed or vetted. Commissioner Marcoplos asked if the length of term is known. Commissioner McKee said the term length is two years. Commissioner Marcoplos said this is why the BOCC is looking to change way it reviews these applicants. He suggested honoring the recommendation in this case, and transition shortly to a new way of vetting applicants, so the Board will be better suited to deal with these issues in the future. A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to approve the recommendation for appointment to the Jury Commission. Commissioner Dorosin said he respectfully disagrees. He said the BOCC has talked about engaging other people on boards and commissions, and keeps putting it off. He said this board has a three-term limit, and this candidate has already served 8; so the BOCC is not even following its own guidelines. He said the Board talks a lot about stuff, but does not act. He said he will vote against the recommendation. Commissioner Marcoplos said this is a good point, and asked if this appointment could be put off. Chair Rich said unfortunately, in this case, the Board cannot put it off until there is a new, more thoughtful process. She said the Board knew there would be one or two snags with working out the new process. Commissioner Price said this is time sensitive, and there is no chance to vet other applicants, or go through the new process, there is a compelling reason to approve this recommendation. She asked if Mr. Hall can just stay on, or if he must take the oath of office. Chair Rich said he, or whoever fills the roll, needs to be sworn in right away. VOTE: Yeas, 4 (Chair Rich, Commissioner Greene, Commissioner Marcoplos, Commissioner Price; Nays, (3) Commissioner McKee, Commissioner Bedford, Commissioner Dorosin b. Nursing Home Community Advisory Committee – Appointment The Board will consider making an appointment to the Nursing Home Community Advisory Committee. Chair Rich said this is the case of a one-year preliminary terms, and the Board cannot choose someone else. A motion was made by Commissioner Bedford, seconded by Commissioner Price to approve the appointment. VOTE: UNANIMOUS 26 Commissioner Dorosin asked about the question of process of filling vacancies on this board. He said there is an at-large vacancy that has existed since 2017. He asked if the BOCC can nominate someone from the list to start the one-year training process. Chair Rich said the Board has asked this question a number of times, and she is unclear why the Board cannot do as Commissioner Dorosin suggests. Commissioner Price said she thinks the person is interviewed prior to the training. Chair Rich asked if the Board could select someone to be interviewed. Chair Rich asked if the Clerk’s Office could provide clarification on the need to fill a seat that has been open for a long time, and what is the process of filling that seat if there are other applicants on the list. 12. Information Items The Board received the following information items:  October 1, 2019 BOCC Meeting Follow-up Actions List  BOCC Chair Letter Regarding Pledge of Allegiance at Board Meetings 13. Closed Session None 14. Adjournment A motion was made by Commissioner Dorosin, seconded by Commissioner Marcoplos to adjourn the meeting at 9:20 p.m. VOTE: UNANIMOUS Penny Rich, Chair Sherri Ingersoll Deputy Clerk