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HomeMy WebLinkAboutMinutes 12-02-2019 Business Meeting1 APPROVED 1/21/2020 MINUTES BOARD OF COMMISSIONERS BUSINESS MEETING December 2, 2019 7:00 p.m. The Orange County Board of Commissioners met in a Business Meeting on Monday, December 2, 2019 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta Bedford, Mark Dorosin, 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 Clerk to the Board Donna Baker (All other staff members will be identified appropriately below.) Chair Rich called the meeting to order at 7:01 p.m. Chair Rich said Commissioner Greene is running late, due to traffic. John Roberts said the Board of County Commissioners (BOCC) could switch up the agenda to give Commissioner Greene more time. A motion was made by Commissioner McKee, seconded by Commissioner Bedford, to move forward in the agenda and come back to the Board Organization portion after Commissioner Greene arrives. VOTE: UNANIMOUS 1. Additions or Changes to the Agenda Chair Rich noted the following items at the Commissioners’ places: - PowerPoint for Item 4-a PUBLIC CHARGE Chair Rich acknowledged the public charge. Arts Moment Doris Friend, Arts Commission Board Member, introduced Pam Baggett: Pam Baggett is the author of Wild Horses, described by Terri Kirby Erickson as “a barebacked, buck-naked ride on the slick haunches of fate (to the tune of Riders on the Storm) all the way from the mystical land of sex, drugs, and rock & roll to the bedside of a dying friend.” She is a recipient of an Ella Fountain Pratt Emerging Artists Grant from the Durham Arts Council, two Artist Project Grants from the Orange County Arts Commission, and a 2019-20 Artist Fellowship from the North Carolina Arts Council. She co-hosts the Second Sunday Poetry Reading Series at Flyleaf Books in Chapel Hill, and hosts readings and teaches free writing workshops at the Orange County Main Library in Hillsborough. New poems are forthcoming in Cider Press Review, Kakalak, Plainsongs, and Tar River Poetry. When she isn’t writing, Pam is outdoors, hiking trails along the Eno River or exploring her own back-forty. 2 Pam Bagget thanked the BOCC for its support of the Arts. She said she likes to be in the great outdoors, and read a poem called “Sightings”. She said she also likes to write about climate chaos, and read a piece called “21st Century pastoral”. 2. Public Comments a. Matters not on the Printed Agenda NONE 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 Marcoplos said he would like the BOCC to have a discussion about continuing membership with, and paying dues to, the National Association of Counties (NACo). He said he is unsure if this membership provides any benefit to the County. Commissioner Bedford said she had no comments. Commissioner Price said she received a letter in the mail about the renovations of the High Rock Road Solid Waste Convenience Center (SWCC), which were delayed, but are forthcoming in 2020, and will take about 18-24 months to complete. Commissioner Price said some local food pantries like Orange Congregations in Mission (OCIM) and the Department of Social Services (DSS) would appreciate any donations. Commissioner Dorosin said he attended the Affordable Housing Collaborative Meeting before coming to this meeting, and this group agreed to develop a countywide vision statement for affordable housing and a road map for implementation. He said there is consensus between elected officials that efforts towards affordable housing can be best maximized by working together. He said the process is moving forward in a positive way. He said the group received a good list of all the existing plans for affordable housing, which he will share with the Board. Commissioner McKee had no comments. Chair Rich said she has heard some concerns that the County and the towns are not doing enough about affordable housing, and she would like for the Affordable Housing Collaborative group to share updates publicly to keep people informed. Chair Rich said the Board will be writing a letter to the White House stating Orange County’s willingness to accept refugees. She said she would also like to send a letter to the Governor to reiterate the County’s serious intent. Chair Rich said there was a Mayors/Managers/Chair (MMC) meeting last week, and the group talked a bit about the sewer hook ups on Rogers Road. She said RFPs were sent out, but no plumbers responded. She said there was a memorandum of understanding (MOU) between the three owners of the property along with the three local governments. She said the intent was to choose a plumber together, but this is no longer an option, as no plumber has come forward. She said the process needs to move forward. Commissioner Greene arrived at 7:17:10 PM Craig Benedict, Planning Director, said the MOU between the three local governments contained a process that would expedite the hook ups. He said the RFP went out, but no plumbers responded. He said the agreement will be modified, and staff will create a simpler 3 process. He said community meetings continue, and readying homes to be connected once plumbers are lined up. Chair Rich said the MMC also spoke about the Greene Tract governance document, and plans to bring in a facilitator to meet with the attorneys, mayors, chairs and managers. She said the BOCC agreed to move forward with a governance document, and proposed some initial language, which Chapel Hill rejected. She said the Town wants to go back to a process, and has requested Maggie Chotas as the facilitator. She said this will occur as soon as possible. She said the Mayor of Chapel Hill wants to move forward on an environmental study that would cost around $25,000-$30,000, but no one has a clear understanding on the scope on this survey. Commissioner Dorosin asked if the governance document has an intended purpose. Chair Rich said there is an original document from 2000-01 which includes some thoughts as to how to move forward with affordable housing; but since then, the Greene Tract has become part of Chapel Hill’s extraterritorial jurisdiction (ETJ). She said the older document gives little guidance on working as partners together, and moving the process forward. Travis Myren said conceptually the governance document would establish a process to establish some decision points and to understand what will happen if a 3-party agreement cannot be reached. He said this property is jointly owned and there are a variety of ways to make this partnership work, and previous efforts have resulted in stalemate. Commissioner Dorosin clarified that nothing can move forward with affordable housing until these details are settled. Travis Myren said yes. Commissioner Greene referred to the environmental study, and said she is unclear on why there is confusion. She said some work has already been done regarding environmental issues. Chair Rich said, at the MMC meeting, it was not clear from Chapel Hill what the scope of the project would be. She said the feeling is that Chapel Hill wants an environmental study, but does not know what it hopes to get out of said study. She said the Craig Benedict suggested the Army Corps of Engineers, but the offer was declined. Chair Rich said County staff did an environmental study, and that is where some of the suggestions came from. Commissioner Marcoplos said some of the BOCC have walked the Greene Tract and can see how the map reflects the environmental study that was done. He said it all makes total sense, and that work was done to bring everyone to the point where serious decisions could be made. He said it seems that there is a now a backtracking, and perhaps it would beneficial for more elected officials to walk the Tract. Commissioner Price said she heard that the environmental study was not conclusive enough to determine density and planning options. Commissioner Marcoplos said his experience of walking the tract with the map is that they are 90% there, and another study is unnecessary. Commissioner Price said it seems greater information is desired. Chair Rich said the Town of Carrboro wants this document up and running before spending any more money on the Tract. Commissioner Price asked if Chapel Hill will pay for the study that it has suggested. Chair Rich said Chapel Hill is not planning to do anything on its own, and is requesting that the partners join in with the study. Chair Rich said some requested topics for the upcoming Assemblies of Government (AOG) meeting are: • Green Tract update • Census update 4 • Climate Commission report • Update on Emergency Services - update on response times • Transit Steering Committee Update • Homelessness and Food Council Reports • Update from the Affordable Housing Task Force Commissioner Greene apologized for being late due to traffic issues. 3. Board Organization a. Election of Chair and Vice-Chair VOTE: 7-0 For Chair: Penny Rich VOTE: 7-0 For Vice Chair: Renee Price b. Designation of Voting Delegate for all North Carolina Association for County Commissioners (NCACC) and NACo Meetings for Calendar Year December 1, 2019-2020 A motion was made by Commissioner McKee, seconded by to appoint Commissioner Dorosin to the NCACC for Calendar Year December 1, 2019-2020. Commissioner Dorosin said he would gladly serve, but if another Commissioner would like to do it, then he would gladly support them. Commissioner Bedford said she would be interested in serving. Commissioner McKee withdrew his initial motion. A motion was made by Commissioner Price, seconded by Commissioner McKee to nominate Jamezetta Bedford. VOTE: UNANIMOUS A motion was made by Commissioner McKee, seconded by Commissioner Price, to serve as the NACo representative for Calendar Year December 1, 2019-2020. Commissioner Dorosin asked if anyone besides Commissioner Price wants to do this. Chair Rich said she served many years ago, and would be interested in serving again. Commissioner McKee asked Commissioner Price if she would be willing to step down. Commissioner Price said that is fine, because she is part of many NACo committees already and can continue to serve in that capacity. Commissioner McKee withdrew his previous motion. A motion was made by Commissioner McKee, seconded by Commissioner Greene, to nominate Chair Rich to serve as the NACo representative for Calendar Year December 1, 2019-2020. VOTE: UNANIMOUS 4. Proclamations/ Resolutions/ Special Presentations 5 a. Voluntary and Enhanced Agricultural District Designation – Multiple Farms The Board considered voting to approve applications from seven (7) landowners/farms to certify qualifying farmland within the Caldwell, Cedar Grove, High Rock/Efland, Schley/Eno, Cane Creek/Buckhorn, and White Cross Voluntary Agricultural Districts; and enroll the lands in the Orange County Farmland Preservation Voluntary and Enhanced Voluntary Agricultural District programs. Gail Hughes, Soil Conservationist, presented this item: BACKGROUND: Orange County’s Voluntary Farmland Preservation Program was started in 1992. To date, there are 114 farms in both the Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District (EVAD) program, totaling 15,059 acres. The County’s Voluntary Farmland Protection Ordinance (VFPO) outlines a procedure for the Agricultural Preservation Board to review and approve applications for qualifying farmland, and to make recommendations to the Board of Commissioners concerning the establishment and modification of agricultural districts. Section VII of the VFPO contains the requirements for inclusion in a voluntary agricultural district. To be certified as qualifying farmland, a farm must: a) Be located in the unincorporated area of Orange County; b) Be engaged in Agriculture as that word is defined in NC GS 106-581.1 c) Be certified by the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture as being a farm on which at least two-thirds of the land is composed of soils that are best suited for providing food, seed, fiber, forage, timber, forestry products, horticultural crops and oil seed crops; d) Be managed in accordance with the Natural Resources Conservation Service and NC Soil and Water Conservation Service defined erosion-control practices that are addressed to said highly-erodible land; and have a current conservation farm plan and/or forestry management plan associated with the current usages and owner; e) Be the subject of a non-binding conservation agreement, as defined in N.C.G.S. §121- 35, between the County and the owner that prohibits non-farm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable County zoning and subdivision regulations. The Orange County Agricultural Preservation Board reviewed the findings of the staff assessments for the attached applications for the Orange County Voluntary Agricultural District program at the September and November 2019 meetings. All farm applications were reviewed and verified to have met or exceeded the minimum criteria for certification into the program. The Agricultural Preservation Board voted unanimously to recommend approval of the certification for seven (7) farms, and their inclusion in the Voluntary and/or the Enhanced Voluntary Agricultural District program. The certification documentation is on file in the DEAPR/Soil and Water Conservation District office. The farms are described briefly below: Brief Farm Descriptions: 1) Owner Richard Jude Samulski (Scuppernong Estates LLC/ Eno River Farm) has submitted an application to enroll one (1) parcel of land totaling 178.18 acres as qualifying farmland for the Voluntary Agricultural District program (VAD) in the Schley/Eno Agricultural District. The farm operation includes strawberries and blueberry production, hay land and managed woodland. Since 1992, a 150-acre portion of the 6 farm has been enrolled in the VAD program under the prior ownership of the Barbour family. Mr. Samulski is requesting an ownership change to the existing acreage and adding an additional 28.18 acres to be enrolled in the program. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above; 2) Owners Manley and Kathy Palmer (Palmer Family Show Pigs) have submitted an application to enroll one (1) of parcel of land totaling 3.39 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Caldwell Agricultural District. The farm operation includes sheep, swine, and pasture. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above; 3) Owners William and Amanda Berry have submitted an application to enroll seven (7) parcels of land totaling of 236.15 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program located in the Caldwell Agricultural District. The farm includes beef cattle, pasture, and managed woodland. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above; 4) Owner Portia McKnight (Chapel Hill Creamery) has submitted an application to enroll one (1) parcel of land totaling 12.17 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the White Cross Agricultural District. The farm operation includes dairy cattle, pasture, hay crops, and managed woodland. This acreage will be added to their existing parcels in the VAD program. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above; 5) Owners James and Elizabeth Hooten have submitted an application to enroll four (4) parcels of land totaling of 38.09 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program located in the Cane Creek/Buckhorn Agricultural District. The farm includes beef cattle, pasture, and hay crops. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above; 6) Owner Jason Shepherd has submitted an application to enroll one (1) parcel of land totaling 42.38 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the High Rock/Efland Agricultural District. The farm operation includes soybeans, hay crops, and managed woodland. The farm property has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above; and 7) Owners Annette and Mark McClish have submitted an application to enroll one (1) parcel of land totaling 14.1 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Cedar Grove Agricultural District. The farm operation includes goats, heritage turkeys and chickens, pasture, and hay crops. The farm property has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. Gail Hughes made the following PowerPoint presentation: Orange County Voluntary Farmland Preservation Program Voluntary and Enhanced Voluntary Agricultural District Program Orange County Board of Commissions Meeting December 2, 2019 7 Orange County VAD/EVAD Program Benefits of Agricultural Districts  Voluntary Agricultural District (VAD) is a 10-year commitment for farm to be in active farm production, but the landowner can withdraw from the VAD at any time, for any reason, with a 30-day notification to the Agri. Preservation Board.  Enhanced Voluntary Agricultural District (EVAD) is an irrevocable 10-year commitment to be in active farm production, therefore the “enhanced” qualifies farm for up to 90% cost share rates and a priority for state and federal grants funds, when applicable. Benefits include: (listing a few)  Makes public more aware of the local agricultural and its vital role in the economics of the county;  Recorded notice of agricultural district property is recorded at County Land Records office;  Land search on all properties within a ½ mile radius has notification of the agricultural status, therefore, the agricultural landowner has increased protection from nuisance lawsuits.  Agricultural Preservation Board can request public hearings for proposed condemnation of VAD land and utility assessments may be suspended or waived on EVAD land if not connected to the utility.  Farm may receive up to 25% of gross sales from the sale of non-farm products and still maintain its zoning exemption as a bona fide farm. (EVAD only)  VAD District signs are placed on farms, for public to know location of VAD/EVAD farms Richard Samulski (owner) for Scuppernong Estates, LLC Keegan Czesak (farm manger) for Eno River Farm • VAD – 178.18 acres – Schley/Eno Agricultural District – 1 parcel of land • Ownership change on 150 acres existing in VAD program, additional 28.18 acres • Strawberries, blueberries, horticultural crops, greenhouse, hay land, and managed woodland. Manley and Kathy Palmer (Palmer Family Show Pigs) • VAD – 3.39 acres- Caldwell Agricultural District – 1 parcel of land • Sheep, pastures, and show pigs (competition swine shows along the east coast) • One of the smallest farms in the program, but very actively farming William and Amanda Berry • VAD – 236.15 acres – Caldwell Agricultural District- 7 parcels of land • Beef cattle, pasture, hay crops, and managed woodland Portia McKnight and Florence Hawley (Chapel Hill Creamery) • VAD – 12.17 acres – White Cross Agricultural District – 1 parcel of land • Dairy cattle, pasture and hay crops • Additional acres will be added to existing acreage of farm, 37.07 acres. James and Elizabeth Hooten (Glen Oaks Farm) • VAD – 38.09 acres – Cane Creek/Buckhorn Agriculture District • 4 parcels of and • Beef cattle, pasture, and hay crops 8 Jason Shepherd • VAD - 42.38 acres – High Rock/Efland Agricultural District – 1 parcel of land • Hay crops, soybeans, and managed woodland • In addition to farming, Jason is also the Orange County Fire Marshal Annette and Mark McClish • VAD-14.1 acres – Cedar Grove Agricultural District – 1 parcel of land • Goats, heritage turkeys, guineas, chickens, beef cattle, bees, and pasture. Orange County Voluntary and Enhanced Voluntary Agricultural Program The Agricultural Preservation Board has approved all of the farms requesting enrollment, as presented. Requesting approval from Commissioners to accept seven (7) farms into the VAD program and an additional 375 acres* in the Voluntary Agricultural District program With this approval: enrollment will be increased to • 121 farms: 12,868 acres in VAD and 2,566 acres in EVAD • Total of 15,434 acres in the program. * = rounded acres A motion was made by Commissioner Price, seconded by Commissioner McKee, for the Board to certify the seven (7) farm properties noted above totaling 375 acres and designate them as Voluntary Agricultural District farms within the Caldwell, Cedar Grove, High Rock/Efland, Schley/Eno, White Cross, and Cane Creek/Buckhorn Voluntary Agricultural Districts; and enroll the lands in the Orange County Farmland Preservation Program; Voluntary and Enhanced Voluntary Agricultural District (VAD and EVAD) programs. With approval of these acres, the Orange County Farmland Preservation program will have enrolled 121 farms totaling 12,868 acres in the VAD and 2,566 acres in the EVAD for a total of 15,434 acres in the program. VOTE: UNANIMOUS Commissioner Price said this is Gail Hughes’ last presentation, as she will be retiring. She said she has done a fantastic job, and the County will be as a loss without her. She thanked her for all her work over the years, and the way in which she worked with farmers. Gail Hughes said there is a separate soil and water board, and there was membership in the program, but it was not being run by anyone who understood farming and farmers. She was happy to step into the role, and has enjoyed the opportunity to expand this program. She said the success has been due to word of mouth, signage and the enthusiasm of the farmers. Chair Rich said the VAD signs are so helpful in promoting and explaining the program. Chair Rich referred to the selection of BOCC boards and commissions next week, and said the Clerk sent out the draft listing, along with the process, today. She said commissioners are able to save one board at the beginning of the process. She said last year Commissioner Dorosin did not save a board, and she plans to do the same this year. She asked if one does not save a board, does one get to pick a board after the saves are completed, and prior to the second round beginning. Commissioner Dorosin said he did not pick a board to save, and then did regular picking in the second round. He said he did not get to pick a board in lieu of a save. 9 Chair Rich asked if the BOCC wants to allow a commissioner to pick any board in lieu of saving an existing board. Commissioner Marcoplos said he agreed with getting a first pick if a commissioner does want to save. Commissioner Price said the saves should go first, and then those who decline to save would have a chance to pick, followed by all Commissioners picking in round 2. The Board agreed by consensus. b. Proclamation Recognizing Katherine Cheek The Board considered voting to approve a proclamation recognizing and expressing gratitude to Katherine “Kat” Thompson Wilkerson-Cheek for her devotion and service to the people of Orange County. BACKGROUND: After approximately 36 years of service to the Schley Grange, Katherine Cheek is stepping down as the President. Katherine “Kat” Thompson Wilkerson-Cheek has been a leader in the Orange County agricultural community for much of her life. Under her leadership, the Schley Grange went from only six active members in 1983 to become the largest Grange in the State of North Carolina. The Schley Grange has promoted rural agriculture as a strong supporter of the FFA/4-H Junior Livestock Show, as well as hosting numerous sessions of the Orange County Agricultural Summit. Under Kat’s leadership, the Schley Grange has also distributed over 10,000 dictionaries to third graders in Orange County Schools. Commissioner McKee read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION RECOGNIZING KATHERINE CHEEK WHEREAS, Katherine “Kat” Thompson Wilkerson-Cheek was born in Orange County; and WHEREAS, she has been a driving force within the community and especially the Schley Grange organization; and WHEREAS, Katherine assumed the role as president of the Schley Grange in 1983 when it had only six active members; and WHEREAS, under her leadership, the Schley Grange became the largest Grange in the State of North Carolina with more than 150 members; and WHEREAS, the Schley Grange was built in 1948 using funds that the Grange won in a contest to receive a $50,000 prize from Sears & Roebuck; and WHEREAS, the Grange being in disarray at her start as president, Katherine led fundraising to return the hall to its former glory serving as a meeting place for many community events; and WHEREAS, under her leadership, the Grange added its dictionary program that has delivered over 10,000 dictionaries to third graders in Orange County Schools; and 10 WHEREAS, the Grange has promoted rural agriculture as a strong supporter of the FFA/4-H Junior Livestock Show, now in the 73rd consecutive year; as well as hosting numerous sessions of the Orange County Agricultural Summit; and WHEREAS, Katherine is one of the few women in the nation who served as president of a Grange Chapter; and WHEREAS, including the 36 years since she first became president of the Schley Grange, Katherine Cheek has helped to improve the quality of life in Orange County; NOW THEREFORE, BE IT PROCLAIMED that the Orange County Board of Commissioners recognizes and expresses its deep appreciation and respect for the services rendered by Katherine Thompson Wilkerson-Cheek and wishes her well in her retirement. This, the 2nd day of December 2019. A motion was made by Commissioner McKee, seconded by Commissioner Price, for the Board to approve a proclamation recognizing and expressing appreciation to Katherine Cheek for her service to the people of Orange County and wish her well in her retirement, and authorized the Chair to sign it. VOTE: UNANIMOUS Katherine Cheek said Schley is the only grange left in Orange County, and it has members from all of over the County. She said she could not have done all of this without her husband Milton Cheek. She expressed appreciation for the Board of County Commissioners’ interest in the rural parts of the County, and said she is proud of the Board of County Commissioners. Alice Hunt Sealy thanked Orange County for recognizing Katherine Cheek, as she and her peers did many years ago. She said they recognized her compassion, love and leadership qualities, which all started in the first grade. c. Proclamation Recognizing Robert Dowling The Board considered voting to approve a proclamation recognizing and expressing gratitude to Robert Dowling for his devotion and service to the people of Orange County. BACKGROUND: After approximately 22 years of service to the Community Home Trust, Robert Dowling is stepping down as the Executive Director. After a career in the private sector, Robert Dowling joined the board of Orange Community Housing Corporation in 1996 and became the executive director in December 1997. Mr. Dowling managed the organization’s transition to a community land trust, and due to his leadership, Community Home Trust is recognized as a leader in the provision of permanently affordable housing that is integrated into market-rate neighborhoods. Because of Mr. Dowling’s work, more than 300 homes in the Carrboro-Chapel Hill area are permanently affordable to people who are low income. Commissioner Greene read the following proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS 11 PROCLAMATION RECOGNIZING AND HONORING ROBERT DOWLING, RETIRING EXECUTIVE DIRECTOR, COMMUNITY HOME TRUST WHEREAS, Robert Dowling, after serving as a banker in the private sector, moved to Orange County, North Carolina, with his wife, Bethaney Dale; and WHEREAS, in 1995 Mr. Dowling embarked on a second career in community development and joined Hayti Development Corporation, an affordable housing nonprofit in Durham, and in 1997, after a brief time on its Board, joined Orange Community Housing Corporation as Executive Director; and WHEREAS, in 2001, under the leadership of Mr. Dowling, Orange Community Housing Corporation merged with the Community Land Trust in Orange County, which had been established in 1999 with the support of the Town of Carrboro, Town of Chapel Hill, and Orange County, and which today is known as Community Home Trust; and WHEREAS, throughout his distinguished career, Robert has helped ensure that more than 300 homes in the Carrboro-Chapel Hill area are permanently affordable to people earning less than eighty percent of the area median income; and WHEREAS, today the Community Home Trust manages a total of 322 affordable single family ground leases and rental apartments, with a staff of 10 and a budget of nearly $1.1 million; and WHEREAS, Mr. Dowling has served as a faithful advocate, representing both Community Home Trust and the Orange County Affordable Housing Coalition at affordable housing tables and before elected bodies, making the case for such policies and investments as A Penny for Housing, the Orange County Affordable Housing Bond, and a Pilot Master Leasing program; and WHEREAS, Robert’s work in Orange County has ensured that neighborhoods are diverse and thriving and sustained as such for generations to come; and WHEREAS, Mr. Dowling is retiring from Community Home Trust on December 31, 2019, after 22 years in service to our communities, and will be missed; NOW THEREFORE, we, the Orange County Board of Commissioners, do hereby recognize and express deep appreciation and respect for the services rendered by Robert Dowling to the Orange County community, and wish him well in his retirement. This, the 2nd day of December 2019. A motion was made by Commissioner Greene, seconded by Commissioner McKee, for the Board to approve a proclamation recognizing and expressing appreciation to Robert Dowling for his service to the people of Orange County and wishing him well in his retirement, and authorized the Chair to sign it. VOTE: UNANIMOUS 12 Robert Dowling said it has been a privilege to serve the County all these years, and thanked the Town of Chapel Hill and Orange County for their ongoing support. He said there are currently 322 homes in the inventory, with a market value of over $50 million. He said none of this would have been possible without the support of local governments and the community. He offered additional thanks to the Manager for her support and understanding. d. Orange County Partnership to End Homelessness – 2019 Data Update The Board reviewed updated data about homelessness in Orange County submitted to the United States Department of Housing and Urban Development (HUD) earlier this year. BACKGROUND: The Orange County Partnership to End Homelessness (OCPEH) was created in 2008 to coordinate funding and activities to end homelessness in Orange County. OCPEH is jointly funded by Orange County (39%) and the Towns of Carrboro (15%), Chapel Hill (41%), and Hillsborough (5%). OCPEH Coordinator Corey Root will present the updated data and discuss how current data relate to identified gaps in the homeless service system, including rapid re-housing and street outreach programs. Corey Root said she usually makes this presentation earlier in the year, but she has been out on maternity leave. She made the following PowerPoint presentation: 13 14 15 Chair Rich asked if there is a reason for the dip in 2016. Corey Root said she started in March 2016, and her staff views 2016 as an outlier. She said OCPEH did not have full time staff at that time, and has changed its methods for gathering data since then. She said current numbers are more accurate than 2016. 16 Commissioner Price asked if this number represents those going from a shelter back to homelessness. Corey Root said this is the federal fiscal year, which is October 2015 through September 2017. She said these are positive exits to permanent housing. Commissioner Bedford asked if transitional housing could be defined. Corey Root said, locally, transitional housing is the men’s shelter, IFC community house. Commissioner Bedford said if the men’s shelter is transitional housing, could the County’s shelter could be identified. Corey Root said the shelter is Homestart, the women and families program. 17 Corey Root said $1.7 million more is needed in annual funding to fill all of the gaps. Commissioner Dorosin asked if there is a priority to these gaps. Corey Root said yes, rapid re-housing is the number one gap, and her staff plans to prioritize this time around. Commissioner Dorosin said there is low hanging fruit that is not being harvested, and this seems like a case where the County has experts that know what needs to be done and what works. He said $1.7 million is a lot of money, and the annual budget is $220 million, and he asked the BOCC to start thinking about addressing some of these needs. Bonnie Hammersley said the Partnership budget is funded from all of the governments, and thus the $1.7 million gap does not just fall on Orange County. She encouraged the committee to consider how to address some of the low-hanging fruit, and does not feel the County should come in and be responsible for meeting all the needs. Chair Rich said this may be a good conversation topic for the Assemblies of Government (AOG). Bonnie Hammersley said Corey Root will be giving this report to the other elected officials. Commissioner Greene thanked Commissioner Dorosin for jump-starting this conversation. She said there is a team of experts locally, and Corey Root has been singing this song for some time now. She said the priorities are known, and the answer is funding. Commissioner Greene said one of the problems with lacking capacity is the set up with the men’s shelter. She said she was on the Town Council when the Director announced he was changing the model from a shelter to a transitional men’s home, thus resulting in no homeless shelter for men in Orange County. Commissioner Greene said the facility could be reorganized, but fundamentally it is time to take some action. Commissioner Marcoplos said since rapid re-housing is a priority, and funding is the deterrent. He said the County has access to land at the Greene Tract, and creating 20-30 tiny homes would not be difficult or expensive to construct. He asked if this type of resource would have a major impact on the need. Corey Root said 20-30 units of anything would be great. She said tiny homes are one option, but will not end homelessness by themselves. She said it is just one part of the solution, as sometimes there are families in need, or those who do not want to live in tiny homes. Commissioner Marcoplos asked if there is an effective way to pull information together to put out to the community. Corey Root said Raleigh is building a tiny home community, and Austin, Texas has a very famous one. She said there are many models to follow. She said it also important to remember community. 18 Commissioner Price asked if the full cost of $1.7 million would be a one-time cost or an annual one. Corey Root said it would be ongoing, annually. Corey Root said the Partnership’s Executive Team asked for a phased implementation, recognizing that there will be a big overall number. She said, where possible, with each of the gaps, she developed a year one, year two, and year 3 phases. She said this is contained in the full Gaps Analysis document. Commissioner Price referred to street outreach, and said the full annual cost is the same as year 2 when phased in, and asked if there is a reason for this. Corey Root said each program is its own entity. She said 90 families would be served annually, to meet the current need for rapid re-housing. She said this breaks down to a caseload for 3 full time social workers. She said the street outreach program requires 2 full time workers, at the peer support level. Commissioner Price referred to the chart on the last slide, and asked if any of these activities are currently being done, and if the current budget could be identified. Corey Root said she would look up the numbers, but some gaps are partially filled. Commissioner Price asked if any street outreach is already under way. Corey Root said the gap for street outreach is pretty significant. She said the Chapel Hill Crisis Unit are the go-to folks, as well as people from the Criminal Justice Resource Department, and some local church bodies. She said these are band-aid solutions for now. Commissioner Price clarified that everything on the list of gaps has needs. Corey Root said yes. She said the youth host homes programs is an existing one, which serves mostly Durham County residents, and would be an expansion into Orange County. She said rapid re-housing was funded with $40,000 in state funds, and will start at DSS in January. She said all areas need additional funding to fully expand to full capacity. Commissioner Price said $1.7 million may seem a lot, but being proactive will help the County save money in the long run. She said she would like to move forward on some these programs. Commissioner Greene referred to the Coordinated Entry staffing, and said this exists, but it is ad-hoc, and needs to be formalized and expanded to be most efficient. Commissioner Greene referred to Commissioner Marcoplos’ point on tiny homes, and said these are not a solution to everything and the conversation needs to get back to housing first. She said Charlotte has an apartment complex that is a housing first community, and she said Orange County needs to keep working on this effort. She said there are a number of ways to put rap around services around someone, and the type housing is not that big a deal. Commissioner Greene thanked Corey Root for her clear presentation, and said this funding would solve a lot of problems for a lot of people. Chair Rich asked if this information has been presented to the OCPEH. Commissioner Greene said yes. Commissioner Rich asked if the partners have received the information well. Corey Root said the partners are in agreement that action should be taken, but no formal proposal has been made. Commissioner Greene asked if this presentation has been made to the Chapel Hill Town Council. Corey Root said yes, but with the 2018 data regarding gaps. Chair Rich said the County may be excited about helping but do not yet know how the towns feel. Commissioner Greene asked if this information has been presented recently to the County’s partners. Corey Root said she presented to the towns in March or April 2019. 19 Commissioner Marcoplos asked if it would be possible to have the costs for an apartment complex like the one Charlotte. He said it would be good to have a comparison of costs. Corey Root said the complex in Charlotte is site based permanent supportive housing, which is more typically found in larger cities. She said here in Orange County there is scattered housing, with services that rap around. She said Raleigh in building a site based supportive housing, but she does not know of communities, similar in size to Orange County, that have this type of housing. She said it would be very innovative to take this approach here, and Carrboro has expressed interest in this method. Commissioner Price asked if there has been discussion about where these facilities would be. She said community outreach will be important to avoid the “not in my backyard” (NIMBY) mentality. Corey Root said for some of the gaps, the location is key. She said it is important to have the services in the same location has the needs. She said community consensus is important prior to filling gaps. Commissioner Dorosin asked if his peers would reach out to fellow peers on the other elected boards about the funding and furthering the conversation. 5. Public Hearings NONE 6. Regular Agenda a. Approval of Budget Amendment #3-A for the Receipt of an Emergency Solutions Grant, and Creation of a 1.0 FTE Time-limited Position Allocating Current Mental Health Maintenance of Effort Funds The Board considered voting to approve Budget Amendment #3-A for the receipt of an Emergency Solutions Grant (ESG) of $40,000 to provide Rapid Rehousing services, and to create a 1.0 FTE time-limited position to provide these services by allocating currently available Mental Health Maintenance of Effort (MOE) funds to support the position, as well as the use of additional currently available MOE funds to provide counseling to families involved in protective services. Nancy Coston, Department of Social Services Director, presented this item: BACKGROUND: Orange County Department of Social Services (DSS) was able to apply for ESG funds to support Rapid Rehousing for persons experiencing homelessness. In order to maximize the impact of the program, DSS is requesting to create a 1.0 FTE time-limited Human Services Specialist III position to provide the assessment and case management services to the participants, allowing the grant funds to pay actual housing costs. The grant period is January 2020 through December 2020, and this current request is to fund the position through the current fiscal year at a cost of $28,737. Continued funding for the position, through December 31, 2020, will be included in the FY 2020-21 budget. In addition to the ESG position, DSS is requesting to use $25,000 in unobligated MOE funds to provide assessments and counseling to families involved in protective service cases. Some of these families do not have health insurance or other ways to access critical treatment and the lack of timely treatment may impact their ability to care for or retain custody of their children. 20 Commissioner Dorosin asked if Nancy Coston could explain how staff will work with people to regain custody of their children. Nancy Coston said her department has already put in a contract of limited amount of money to have counselors come to the DSS office, or wherever, to work with families. She said some people need specialized counselors, and the goal is to show the court that families have access to an avenue in order to improve. She said some work is also being done with older youth to prepare them for independent living. A motion was made by Commissioner Bedford, seconded by Commissioner Greene, for the Board to approve: 1) Budget Amendment #3-A for the receipt of the $40,000 Emergency Solutions Grant; 2) the creation of a 1.0 FTE time-limited position at DSS to provide assessment and case management for homeless persons with mental health needs; and 3) allocating $28,737 from MOE funds to pay for the position costs and $25,000 from MOE funds to purchase mental health services for families involved in protective services. VOTE: UNANIMOUS 7. Reports NONE 8. Consent Agenda • Removal of Any Items from Consent Agenda • Approval of Remaining Consent Agenda A motion was made by Commissioner Dorosin, seconded by Commissioner McKee, to approve the Consent Agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board approved the minutes from November 7 and 14, 2019 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for five taxpayers with a total of five bills that will result in a reduction of revenue in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax values for thirteen taxpayers with a total of twenty-two bills that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. d. Applications for Property Tax Exemption/Exclusion The Board considered six untimely applications for exemption/exclusion from ad valorem taxation for six bills for the 2019 tax year. e. Resolution to Accompany the North Carolina Department of Commerce’s Building Reuse Grant Incentive Application for ABB, Inc. 21 The Board approved a supporting Resolution, based on a request from the North Carolina Department of Commerce as part of the required documentation for the State’s Building Reuse Grant incentive that was awarded to ABB, Inc. in July 2019, that endorses the County’s role to help administer the eventual transfer of State funds from the North Carolina Department of Commerce to ABB for the State’s Building Reuse Grant incentive related to the company’s recent July 10th announcement to expand its Orange County manufacturing facility and authorize the Chair to sign. f. Proposed Tower Antenna Agreement with Open Broadband for Wireless Broadband Appurtenances on a County Facility The Board authorized the Manager to sign the attached agreement thereby providing Open Broadband, LLC with no cost access to a County facility for the purpose of appropriately attaching equipment in order to provide broadband services to rural Orange County residents and authorized the Manager to sign. g. Approval of a Resolution Authorizing a Revision in the Resolution Adopted May 1, 2018 Which Authorized the Orange County FY 2018-2019 HOME Program Design The Board approved a resolution, which is incorporated by reference, revising the resolution adopted May 1, 2018, which authorized the Orange County FY 2018-2019 HOME Program Design. h. Advisory Boards and Commissions – Appointments The Board approved the Advisory Boards and Commissions appointments as reviewed and discussed during the Board’s November 14, 2019 work session. 9. County Manager’s Report NONE 10. County Attorney’s Report John Roberts said a three-judge panel allowed the federal congressional district redistricting maps, drawn last month, to move forward. He said the only good news is that the general assembly is in recess until the middle of next month, and cannot act. Commissioner Dorosin asked if there is a status update on the impact fee case. John Roberts said the certification of the class was to be heard, not the merits of the case. He said the superior court judge approved and certified the group of unknown impact fee payers as a class, which was appealed. He said has been continued to due personal leave by the opposing counsel. He said he will keep the Board updated on this. 11. *Appointments NONE 12. Information Items • November 19, 2019 BOCC Meeting Follow-up Actions List • Tax Collector’s Report – Numerical Analysis • Tax Collector’s Report – Measure of Enforced Collections • Tax Assessor's Report – Releases/Refunds under $100 • Memorandum Regarding FY 19-20 Orange County Budget Appropriation for Sidewalk Study – Orange Grove Road Corridor and Pedestrian Safety 13. Closed Session NONE 22 14. Adjournment A motion was made by Commissioner McKee, seconded by Commissioner Dorosin, to adjourn the meeting at 9:04 p.m. VOTE: UNANIMOUS Penny Rich, Chair Donna S. Baker Clerk to the Board